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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 | June 2019

A NOTE TO OUR READERS

Due to the editor’s vacation schedule, there will be no separate July issue. However, this issue will cover activities through approximately June 14. As a result, this issue has more pages than our regular issues. The next issue will cover activities in late June and July, but will cover fewer countries.

As you may have noticed, recent regular issues of the monthly International Trade Compliance Update have grown in size - to the extent that the contents are becoming unwieldly. Beginning with this issue, we will be eliminating some of the material that has appeared in the past, including general material that does not directly relate to international trade, and we will be experimenting with how the contents are organized. Your comments and suggestions in this regard, especially with respect to what should be retained or eliminated, are welcomed and should be addressed to the editor at: stu-art.seidel@bakermckenzie.com. Please use “ITCU Comments” as the sub-ject line. For some examples of what materials are being eliminated, or are be-ing considered for elimination, please click here.

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

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

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

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

past webinars and information on other events.

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

materials of the

2018 Year-End Import/Export Review in Santa Clara as well as Presenta-

tion Materials from the

Asia Pacific International Commercial and Trade Client Conference (To-kyo November 2018).

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

In This Issue:

World Trade Organization (WTO)

World Customs Organization (WCO)

Other International Matters

The Americas - North America

The Americas - South America

Asia-Pacific

Europe, Middle East and North Africa

Africa (except North Africa)

Newsletters, reports, articles, etc.

Webinars, Meetings, Seminars, etc.

WTO TBT Notifications

CBSA Advance Rulings

CBP Rulings: Downloads and Searches

CBP Rulings: Revocations or Modifi-cations

European Classification Regulations

Amendments to the CN Explanatory Notes

Section 337 Actions

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

Ed-itor

Inter-na-tional

Trade

Compliance Update

Editor, International Trade Com-pliance Update

Stuart P. Seidel

Washington, D.C. +1 202 452 7088 stuart.seidel@bakermckenzie.com

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

Please see copyright and acknowl-edgements on the last page

Please see copyright and acknowl-edgements on the last page

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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/

WORLD TRADE ORGANIZATION (WTO)

Trade Policy Reviews: Papua New Guinea, Trinidad and Tobago and Canada

The third review of the trade policies and practices of Papua New Guinea took

place on 8 and 10 May 2019. The basis for the review was a report by the WTO

Secretariat and a report by the Government of Papua New Guinea.

The fourth review of the trade policies and practices of Trinidad and Tobago took

place on 22 and 24 May 2019. The basis for the review was a report by the WTO

Secretariat and a report by the Government of Trinidad and Tobago.

The eleventh review of the trade policies and practices of Canada took place on

12 and 14 June 2019. The basis for the review was a report by the WTO Secre-

tariat and a report by the Government of Canada.

Appellate Body appointments

On 28 May 2019, Mexico, speaking on behalf of 75 members, introduced once

again the group's proposal to start the selection processes to fill four vacancies

on the Appellate Body. Mexico said the considerable number of members sub-

mitting the proposal reflects a common concern over the current situation in the

Appellate Body that is seriously affecting its workings as well as the workings of

the overall dispute settlement system against the best interest of members.

The United States responded that it was still not in the position to support the pro-posal and that its concerns previously identified remain unaddressed. It reiterated its concerns regarding the Appellate Body's alleged persistent overreach, its disregard for deadlines, and the authorization of Appellate Body members to decide appeals even after their term of office has expired. This undermines the legitimacy of the sys-tem and damages the interests of all WTO members who care about having agree-ments respected as they were negotiated and agreed. The US will continue to insist that WTO rules be followed and will continue efforts and discussions to seek a solu-tion, it said.

***

Around 20 members took the floor, on their own behalf or on behalf of groups of WTO members, to express concern over the impasse in the selection process which has now continued for more than two years. Several cited the increasing urgency to find a solution and the need for all members to play an active part in the discussions on overcoming the impasse being facilitated by the DSB chair.

The International Trade Compliance

Update is a publication of the

Global International Commercial

and Trade Practice Group of Baker

McKenzie. Articles and comments

are intended to provide our readers

with information on recent legal de-

velopments and issues of signifi-

cance or interest. They should not

be regarded or relied upon as legal

advice or opinion. Baker McKenzie

advises on all aspects of Interna-

tional Trade law.

Comments on this Update may be sent to the Editor:

Stuart P. Seidel

Washington, D.C. +1 202 452 7088 stuart.seidel@bakermckenzie.com

A note on spelling, grammar

and dates--

In keeping with the global nature

of Baker McKenzie, the original

spelling, grammar and date format-

ting of non-USA English language

material has been preserved from

the original source whether or not

the material appears in quotes.

Translations of most non-English

language documents are unofficial

and are performed via an auto-

mated program and are for infor-

mation purposes only. Depending

on the language, readers with the

Chrome browser should be able to

automatically get a rough to excel-

lent English translation.

Credits:

Unless otherwise indicated, all in-formation is taken from official inter-national organization or government websites, or their newsletters or press releases.

Source documents may be accessed by clicking on the blue hypertext links.

This Update contains public sector infor-mation licensed under the Open Govern-ment Licence v3.0 of the United King-dom. In addition, the Update uses mate-rial pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.

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Recent disputes

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

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

DS. No. Case Name Date

DS584 India - Tariff Treatment on Certain Goods - Request for consultations by Japan

14-05-19

DSB activities

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

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

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

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

DS No. Case Name Activity Date

DS 576 Qatar – Certain measures concerning goods from the United Arab Emirates

Panel established

28-05-19 DS 577 United States — Anti-dumping and coun-tervailing duties on ripe olives from Spain

EU requests panel

DS 517 China — Tariff rate quotas (TRQs) for cer-tain agricultural products

DSB adopted the panel report

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)

Cook Islands and Tuvalu accede to the Revised Kyoto Convention

On 17 May 2019, the WCO announced that representatives of the Cook Islands

and Tuvalu deposited with Mr. Ricardo Treviño Chapa (WCO Deputy Secretary

General) their respective country’s instrument of accession to the International

Convention on the Simplification and Harmonization of Customs Procedures (Re-

vised Kyoto Convention - RKC). The deposits occurred on 13 May, on the occa-

sion of the 21st Oceania Customs Organisation Annual Conference held in Sai-

pan, Commonwealth of the Northern Mariana Islands (CNMI). The announce-

ment said:

The Cook Islands and Tuvalu therefore join Kiribati as part of the very select club of non-WCO Members having acceded to the Convention. According to Article 8.1 of the RKC, any Member of the WCO and any Member of the United Nations or its spe-cialized agencies may become a Contracting Party to the Convention by acceding to it.

***

The Revised Kyoto Convention (RKC), which entered into force on 3 February 2006, is a WCO legal instrument recognized as the blueprint for modern and effective Cus-toms procedures in the 21st Century. It was also widely used in the negotiations on

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the World Trade Organization (WTO) Agreement on Trade Facilitation (TFA). Acces-sion to the RKC and, above all, its implementation, complements countries’ efforts to-wards ratification and implementation of the WTO TFA.

The Convention’s key elements include the application of simplified Customs proce-dures in a predictable and transparent environment, optimal use of information tech-nology, utilization of risk management for efficient Customs control, a strong partner-ship with trade and other stakeholders, and a readily accessible system of appeals.

***

Announcements and news releases [dd-mm-yy]

Date Title

02-05-19 Key issues discussed at Americas/Caribbean Regional Heads of Customs Con-ference in Paraguay

07-05-19

Highlights of the WCO Global Conference on the future of the Harmonized Sys-tem

WCO supports Qatar moving forward with SMART Borders

09-05-19

A-CIP Programme: first integrity-related activity to Ghana Revenue Authority

TEGACS work to continue under the SAFE Working Group

WCO participates in the XL COMALEP Meeting and Joint WCO-COMALEP Pri-vate Sector Forum

WCO supports Paraguay in the development of the new Strategic Plan covering Management Reporting System

Bahamas Customs and Excise Department Enhances Skillset to Combat Coun-terfeiting

Steering Committee of the EU-WCO Programme for Harmonized System in Af-rica holds its first meeting

10-05-19 WCO Workshop on Risk Management held in the Islamic Republic of Iran

WCO Asia/Pacific Regional Heads of Customs Administrations Conference

13-05-19 Clean Planet, Healthy People: Sound Management of Chemicals and Waste

14-05-19

Collaboration with the WCO highlighted at the BRS Conference in Geneva

SRA commits to implementing modern competency-based human resources management to respond to the challenges of the TFA

Political support for Customs reform in Burundi

16-05-19 WCO participates in 21st Annual Conference of Oceania Customs Organization

17-05-19 National Workshop on Strategic Trade Control Enforcement (Tunisia, 15 - 18 April)

Cook Islands and Tuvalu accede to the Revised Kyoto Convention and become the 117th and 118th Contracting Parties

20-05-19 Opening of the WCO’s 78th Fellowship Programme

21-05-19 RILO CIS trained NCP officers from Kyrgyzstan and Uzbekistan Customs

22-05-19 14th Meeting of the High Level Working Group of the CPLP

Geodata Discovery Day

23-05-19

WCO support to the Bahamas Customs on Risk Management

Risk and Compliance Management sub-regional workshop for the Pacific Is-lands

24-05-19

Risk and Compliance Management sub-regional workshop for the Pacific Is-lands

WCO further enhances the skills of Customs Administrations in the East and Southern Africa region on Gender Equality

East and Southern Africa Region Governing Council Meeting in Botswana

27-05-19

First Ever Workshop on WCO Small Island Economies (SIE) Initiative held in Port of Spain, Trinidad and Tobago

Instrument on Valuation of imported goods purchased in flash sales

WCO Contributes to OSCE Agenda on Regional Economic Connectivity

Ukraine State Fiscal Service reviews Strategic Plan to prepare for changes and implementation of the WTO Trade Facilitation Agreement

28-05-19 WCO global workshop shares experiences of Customs in supporting processing trade

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Date Title

WCO mission to Azerbaijan to support implementation of Advance Ruling sys-tem

29-05-19

WCO supports CPLP Customs for a Single Portuguese Version of the HS

WCO Inter-Regional Forum on Special Customs Zones/Free Zones (SCZs) in Kazakhstan boosts global efforts to strengthen Customs control in SCZs

National Workshop on Post Clearance Audit (PCA) in Armenia

WCO participates in Caribbean Customs Law Enforcement Council XLI Annual Conference

03-06-19

Priorities for integrity development identified during first activity of the WCO A-CIP Programme in Liberia

COPES Regional Seminar in Japan

WCO Continues Skills Enhancement in The Bahamas with Two Additional Workshops on Review & Appeal and a Mid-Agreement Assessment

WCO Asia/Pacific Security Conference in Japan

04-06-19 National Workshop on Strategic Trade Control Enforcement (Tajikistan, 7 to 10 May 2019)

05-06-19

National Workshop on Strategic Trade Control Enforcement (Tajikistan, 7 to 10 May 2019)

National Workshop on the RKC to improve the efficiency and monitoring of ac-tivities of simplified Customs procedures in Moldova Customs

National Workshop on the RKC to improve the efficiency and monitoring of ac-tivities of simplified Customs procedures in Moldova Customs

06-06-19

Accreditation Workshop on IPR for the Asia Pacific region

Container Control Programme (CCP) facilitated identification of an international drug trafficking ring

07-06-19

Americas and Caribbean region develops a pool of AEO validation trainers

Latest edition of WCO News now available

IMSC discussed key features of information management for SMART borders

The Global Trade Facilitation Programme holds regional information event in Peru

Seychelles puts a new perspective on its tariff-related work

WCO conducts a Post Clearance Audit (PCA) diagnostic for the Ministry of Rev-enue and Customs in Tonga

WCO participation in the First African Union Workshop on Pre-Shipment Inspec-tions

WCO Participates in the UNODC’s 10th session of the Implementation Review Group of the Conference of the States Parties to the United Nations Convention against Corruption

11-06-19 Risk Management and Selectivity Workshop in Nicaragua

12-06-19

The WCO provides technical assistance for establishing an API/PNR system to the Customs Administration of Uzbekistan

Regulatory framework, transparency & automation identified as priorities during the first WCO A-CIP mission in Tanzania

13-06-19 WCO Conference on technology kicks off in Baku

14-06-19

WCO successfully conducted a National Workshop on Post Clearance Audit (PCA) in Vanuatu

WCO Regional Workshop on the WCO Data Model for Europe Region

5th Meeting of the WGRKC: Interim Progress on the Comprehensive Review of the RKC

OTHER INTERNATIONAL MATTERS

AFRICAN CONTINENTAL FREE TRADE AREA AGREEMENT (AFCFTA)

The African Continental Free Trade Area agreement (AfCFTA) came into force

on 30 May 2019. As we noted in our May 2019 Update, in April 2019, Gambia

ratified the agreement, bringing the total number of African Union (AU) member

state ratifications to 22, the minimum threshold for AfCFTA’s implementation. In

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the last month, the required number of endorsements was received by the AU

and the agreement is now in force.

Accoording to Virusha Subban, Partner specialising in Customs and Trade at

Baker McKenzie in Johannesburg “AfCFTA aims to eliminate tariffs on intra-Afri-

can trade, reduce unemployment, increase infrastructure development and cre-

ate a more competitive, yet sustainable environment for cross-border trade.”

Subban explains that AfCFTA is a treaty between consenting countries whereby

a free trade area is constituted which allows member countries to conduct trade

with each other without tariffs or other hindrances. Currently, the agreement has

52 signatories, out of 55 member states, which make up a market of more than

1.2 billion people, with a combined GDP of more than US$ 3.4 trillion.

For a full discussion of the AfCFTA, see our full Insight article here.

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

01-05-19 2019/026 - Plurinational State of Bolivia – Regional workshop to combat illegal trade in jaguars

06-05-19 2019/027 - Implementation of Resolution Conf. 12.8 (Rev. CoP17) on Review of Significant Trade in specimens of Appendix-II species – Recommendations of the Standing Committee

10-05-19 2019/028 - Registration of operations that breed Appendix-I animal species in captivity for commercial purposes

15-05-19 2019/029 - Registration of operations that breed Appendix-I animal species in captivity for commercial purposes

20-05-19 2019/030 - Registration of operations that breed Appendix-I animal species in captivity for commercial purposes

06-06-19

2019/031 - Master's course on Management and Conservation of Species in Trade: The International Framework (with 5 annexes)

2019/032 - MIKE and ETIS Technical Advisory Group (TAG)

12-06-19 2019/033 - Eighteenth meeting of the Conference of the Parties – New dates and venue

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

Angola FAIRS Report

Angola FAIRS Report

Bangladesh FAIRS Report

Cambodia Cambodia revised import duties and special consumption tax

Canada Canada Consulting on Revoking MRLs for Three Fungicides

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Member GAIN Report

China China's Tariff Exclusion Process Explained

China China Releases Standard for Maximum Residue Limits in Foods

China Updated Administrative Measures for Biotech Product Inspections

China GACC Changes Policy on Packaged Food Labels for First Shipments

China Exporter Guide

China China Raises Tariffs on U.S. Agricultural Products

Costa Rica FAIRS Report

Ecuador Exporter Guide

EU EU Sets Limit for Trans Fats

EU EU High Court Rules CETA’s International Dispute Settlement Is Legal

EU EU Adopts Regulation on Transparency in Food Chain Risk Assessments

France France bans Titanium Dioxide in food products by January 2020

France France continues ban on U.S. cherries over dimethoate use

Hong Kong Guidelines for Metallic Contamination Regulation

India Import License Compulsory for Biofuel (non-fuel use) Imports

India FSSAI Publishes FAQs on Alcoholic Beverages Regulation

India Implementation of Alcoholic Beverages Regulations 2018

India New Directives on Organic Foods Regulations Benefit Small Producers

India Revised List of Antibiotics and Veterinary Drugs

Italy FAIRS Report

Jamaica FAIRS Report

Jamaica FAIRS Report

Japan Notifies WTO of Revised Butylated Hydroxyanisole Residue Standards

Japan Japan Notifies WTO of Revised Regulations for Composite Feeds

Japan Notifies WTO of Revised Residue Standards of an Ammonium Compound

Japan Japan Notifies WTO of Revised Isopyrazam Residue Standards

Japan Japan Notifies WTO of Revised Mandestrobin Residue Standards

Japan Japan Notifies WTO of Revised Flumequine Residue Standards

Japan Japan Notifies WTO of Revised Fenpyroximate Residue Standards

Japan Japan Notifies WTO of Revised Etofenprox Residue Standards

Japan Japan Initiates Discussion of Food Labeling for Genome Edited Foods

Japan Japan Finalizes Revisions to GE Food Labeling System

Kazakhstan Draft SPS Measure on Hides and Skins Notified to WTO

Macau Macau FAIRS Report

Morocco Morocco's Legal Framework for Organic Products

Mozambique FAIRS Report

Pakistan Exporter Guide

South Africa Exporter Guide

Tanzania FAIRS Report

UAE FAIRS Report

UAE FAIRS 2018

Vietnam MARD Revised Regulations on Quarantine of Seafood

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THE AMERICAS - NORTH AMERICA

CANADA

US and Canada reach agreement on steel and aluminum tariffs

On May 17, 2019, Global Affairs Canada released the following Joint Statement

by Canada and the United States on Section 232 Duties on Steel and Aluminum

After extensive discussions on trade in steel and aluminum covered by the action

taken pursuant to Section 232 of the Trade Expansion Act of 1962 (19 U.S.C.

§1862), the United States and Canada have reached an understanding as fol-

lows:

1. The United States and Canada agree to eliminate, no later than two days from the issuance of this statement:

a. All tariffs the United States imposed under Section 232 on imports of aluminum and steel products from Canada; and

b. All tariffs Canada imposed in retaliation for the Section 232 action taken by the United States (identified in Customs Notice 18-08 Surtaxes Imposed on Certain Products Originating in the United States, issued by the Canada Border Services

Agency on June 29, 2018 and revised on July 11, 2018).

2. The United States and Canada agree to terminate all pending litigation

between them in the World Trade Organization regarding the Section 232 action.

3. The United States and Canada will implement effective measures to:

a. Prevent the importation of aluminum and steel that is unfairly subsidized and/or sold at dumped prices; and

b. Prevent the transshipment of aluminum and steel made outside of Canada or the United States to the other country. Canada and the United States will consult to-gether on these measures.

4. The United States and Canada will establish an agreed-upon process for moni-toring aluminum and steel trade between them. In monitoring for surges, either coun-try may treat products made with steel that is melted and poured in North America separately from products that are not.

5. In the event that imports of aluminum or steel products surge meaningfully be-yond historic volumes of trade over a period of time, with consideration of market share, the importing country may request consultations with the exporting country. Af-ter such consultations, the importing party may impose duties of 25 percent for steel and 10 percent for aluminum in respect to the individual product(s) where the surge took place (on the basis of the individual product categories set forth in the attached chart). If the importing party takes such action, the exporting country agrees to retali-ate only in the affected sector (i.e., aluminum and aluminum-containing products or steel).

Also see Customs Notice 19-09 (05-19-19).

Miscellaneous regulations and proposals

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

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

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

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Publication Date

Title

05-01-19

ENVIRONMENT AND CLIMATE CHANGE (ENVIRONMENT): Order 2019-87-04-01 Amending the Domestic Substances List (SOR/2019-93, April 9, 2019) (O)

AGRICULTURE AND AGRI-FOOD (AGRICULTURE): Regulations Amending the Agricul-ture and Agri-Food Administrative Monetary Penalties Regulations (SOR/2019, April 9, 2019) (R)

HEALTH: Regulations Amending the Food and Drug Regulations (Beer) (SOR/2019-98, April 15, 2019) (R)

FINANCE: Order Amending the United States Surtax Remission Order, No. 2019-1 (SOR/2019-104, April 15, 2019) (O)

HEALTH: Tobacco Products Regulations (Plain and Standardized Appearance) (SOR/2019-107, April 24, 2019) (R)

HEALTH: Order Amending Schedule 1 to the Tobacco and Vaping Products Act (Colouring Agents) (SOR/2019-108, April 24, 2019) (O)

HEALTH: Order Fixing the Day that is 200 Days After the Day on which this Or-der is Made as the Day on which Certain Provisions of An Act to amend the To-bacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts Come into Force (SI/2019-21, May 1, 2019) (O)

05-04-19

ENVIRONMENT / HEALTH: Publication of final decision after screening assessment of four substances in the Epoxy Resins Group specified on the Domestic Sub-stances List (subsection 77(6) of the Canadian Environmental Protection Act,

1999)

05-11-19

HEALTH: Proposed Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Sale of a New Drug for Emergency Treatment) (PR)

HEALTH: Proposed Regulations Amending Certain Regulations Concerning the Sale of Drugs (Public or Canadian Armed Forces Health Emergencies) (PR)

05-15-19

FINANCE/GLOBAL AFFAIRS: Order Amending the United States Surtax Order (Other Goods) (SOR/2019-111, April 30, 2019) pursuant to the Customs Tariff (O)

ENVIRONMENT / HEALTH: Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999 (SOR/2019-115, May 6, 2019) (O)

HEALTH: Regulations Amending the Narcotic Control Regulations and the Pre-cursor Control Regulations (Fentanyls and Amphetamines) (SOR/2019-120, May 6, 2019) pursuant to the Controlled Drugs and Substances Act (R)

HEALTH: Order Amending Schedules I and VI to the Controlled Drugs and Sub-stances Act (Fentanyls and Amphetamines) (SOR/120-121, May 6, 2019) (O)

05-18-19 NATURAL RESOURCES: Proposed Regulations Amending the Explosives Regula-tions, 2013 (Restricted Components) (PR)

05-25-19 GLOBAL AFFAIRS CANADA: Consultations on Canada’s import tariff rate quotas for supply-managed commodities05 (N)

05-29-19

FINANCE: Order Amending the Order Imposing a Surtax on the Importation of Certain Steel Goods (Final Safeguards) .(SOR/2019-127, May 9, 2019) (O)

FINANCE: Order Amending the Import Control List (SOR/2019-128, May 9, 2019) (O)

FINANCE: Surtax on the Importation of Certain Steel Goods Refund Order (SOR/2019-129, May 9, 2019) (O).

HEALTH: Regulations Amending the Pest Control Products Regulations (Label-ling) (SOR/2019-133, May 10, 2019) pursuant to section 671a of the Pest Con-trol Products Act (R)

FINANCE / GLOBAL AFFAIRS: Order Repealing the United States Surtax Order (Steel and Aluminum) (SOR/2019-143, May 19, 2019) (O)

FINANCE/ GLOBAL AFFAIRS: Order Repealing the United States Surtax Order (Other Goods) (SOR/2019-144, May 19, 2019) (O)

ENVIRONMENT AND CLIMATE CHANGE: Order Amending Schedule 1 to the Species at Risk Act (SOR/2019-145, May 22, 2019) (O).

HEALTH: Regulations Amending the Food and Drug Regulations (Flavoured Pu-rified Alcohol) (SOR/2019- 147, May 22, 2019) (O).

GLOBAL AFFAIRS: Women Deliver 2019 Global Conference — Privileges and Im-munities Order (SOR/2019-151, May 22, 2019) (O)

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Publication Date

Title

GLOBAL AFFAIRS: Challenges Annual Forum — Privileges and Immunities Order

(SOR/2019-152, May 22, 2019) (O)

GLOBAL AFFAIRS: Ukraine Reform Conference 2019 — Privileges and Immuni-ties Order.(SOR/2019-153, May 22, 2019) (O)

06-08-19 ENVIRONMENT: Order 2019-87-06-02 Amending the Non-domestic Substances List pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (O)

06-12-19

ENVIRONMENT AND CLIMATE CHANGE: Order 2019-87-06-01 Amending the Do-mestic Substances List (SOR/2019-158, May 29, 2019) (O)

ENVIRONMENT AND CLIMATE CHANGE: Order 2019-112-06-01 Amending the Do-mestic Substances List (SOR/2019-159, May 29, 2019) (O)

ENVIRONMENT AND CLIMATE CHANGE: Order 2019-66-06-01 Amending the Do-mestic Substances List (SOR/2019-160, May 29, 2019) (O)

FINANCE: Regulations Amending the Canadian International Trade Tribunal Pro-curement Inquiry Regulations (SOR/2019-162, June 3, 2019) (R)

PUBLIC SAFETY TRANSPORT: Preclearance in Canada Regulations (SOR/2019-

183, June 4, 2019) (R)

PUBLIC SAFETY: Order Amending the Schedule to the Preclearance Act, 2016 (SOR/2019-184, June 4, 2019) (O)

PRIME MINISTER: Order Designating Certain Members of the Queen’s Privy Council for Canada to be Minister for the Purposes of the Preclearance Act, 2016 and Certain Sections of that Act in Certain Circumstances: (1) the Minis-ter of Public Safety and Emergency Preparedness; (2) the Minister of Transport; and (3) the Minister of Foreign Affairs (SI/2019-33, June 12, 2019) (O)

PUBLIC SAFETY: Order Fixing the Date on which the Preclearance Act, 2016 Comes into Force as the Day on which the Agreement on Land, Rail, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States of America Enters into Force (SI/2019-34, June 12, 2019) (O)

Restrictive measures

The following documents imposing restrictive measures on imports or exports

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

Publication Date

Title

05-01-19 GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures (Venezuela) Regulations (SOR/2019-106, April 15, 2019) (R)

CBSA advance rulings

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

(Tariff Classification and Origin) and National Customs Ruling programs by pub-

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

Web site.

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

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D-Memoranda and CNs revised or cancelled

The following is a list of Canada Border Services Agency D-Memoranda, Cus-

toms Notices (CNs) and other publications issued, revised or cancelled during

the past month. (Dates are given in mm/dd/yy format.)

Date Reference Title

05-07-19 CN 19-07 Repositioning of Empty Containers in Canadian Waters

05-10-19 CN 19-08 Final Safeguard Measures Imposed on the Importation of Certain Steel Goods

05-13-19 D19-8-5 (Revised) - Import Prohibitions and Requirements for Commercial Importers of Aquatic Species and for Travellers Under the Aquatic Invasive Species Regulations

05-16-19 CN 18-08 (Revised) Surtaxes Imposed on Certain Products Originating in the United States

05-19-19 CN 19-09 Repeal of the United States Surtax Order (Steel and Aluminum) and United States Surtax Order (Other Goods)

05-23-19 CN 19-10 Highway Sufferance Warehouse Closure (Summerside, Prince Edward Island)

05-29-19 D19-13-2 (Revised) Importing and Exporting Firearms, Weapons and De-vices

05-29-19 CN 18-17 (Revised) Provisional Safeguard Measures Imposed on the Im-portation of Certain Steel Goods

06-06-19 CN 19-11 Removal of the Interim Highway Process for in-bond Shipments

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

MEXICO

Mexico removes retaliatory duties against US products

On May 20, 2019, the Diario Oficial (Federal Official Gazette) published a Decree

that modifies that decree which amends the tariff schedule of the General Import

and Export Duties Law, the Decree that sets forth the Rate applicable during

2003 of the General Import Duty for goods originating in North America and the

Decree that establishes diverse Sectoral Promotion Programs, published on

June 5, 2018 The Decree repeals Articles 1, 2 and 9 of the June 5, 2018 Decree

and removes the duties imposed by Mexico in retaliation for steel and aluminum

tariffs imposed on Mexico by US Presidential Proclamation 9758 of May 31,

2018.

US and Mexico reach agreement on steel and aluminum tariffs

On May 17, 2019, the President of Mexico issued a statement indicating that the

US and Mexico had reach an agreement on the aluminum and steel tariffs im-

posed under Section 232 of the (U.S.) Trade Expansion Act of 1962. A transla-

tion of the statement follows:

AGREEMENT BETWEEN THE UNITED STATES AND MEXICO ON SECTION 232 TARIFFS ON STEEL

AND ALUMINUM

After negotiations between Mexico and the United States on the steel and aluminum tariffs imposed by this country on Mexican steel, under Section 232, a mutually bene-ficial agreement has been reached: these tariffs are lifted, leaving the steel and alumi-num of our country without quotas. In this way, the commercial exchange free of tar-iffs for these products is reinstated.

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It should be noted that, in the spirit of supporting the strengthening of trade and good understanding in North America, the Government of Mexico consulted and promoted the trilateral dialogue with the Government of Canada for this same purpose.

The United States will eliminate all tariffs imposed on imports of aluminum and steel products from Mexico. For its part, Mexico is committed to eliminate all tariffs imposed in retaliation for the measures taken by the Government of the United States.

In addition, both countries agree to end all pending litigation between them before the World Trade Organization (WTO) regarding the measures imposed by Section 232 of the aforementioned law.

Mexico and the United States will implement measures to prevent the importation of aluminum and steel at dumping prices , as well as the transshipment of both metals that takes place outside either of the two countries.

Both countries agreed to establish a process to monitor the trade of aluminum and steel between them, and carry out a system of consultations.

Mexico achieved an extremely satisfactory agreement with the United States, as a re-sult of the dedication, will and vision of both countries.

This agreement allows us to continue advancing in the ratification process of the Treaty between Mexico, the United States and Canada (T-MEC in Spanish).

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

05-07-19 HACIENDA: Sixth Resolution of Modifications to the General Rules of Foreign Trade for 2018 and its Annexes 10, 17, 21, 28 and 30.

05-16-19

HACIENDA: Resolution that modifies the Resolution that establishes the Rules of General Character related to the application of the customs provisions of the Additional Protocol to the Framework Agreement of the Pacific Alliance and its Annex.

05-20-19

Decree that modifies that decree which amends the tariff schedule of the Gen-eral Import and Export Duties Law, the Decree that sets forth the Rate applica-ble during 2003 of the General Import Duty for goods originating in North America and the Decree that establishes diverse Sectoral Promotion Pro-grams, published on June 5, 2018

05-21-19 ECONOMY: Notice by which it is announced that the Call to participate in the National Export Prize 2019 is extended to June 20, 2019.

05-23-19 ECONOMY: Acuerdo that gives rise to Decision No. 99 of the Administrative Commission of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on April 15, 2019

05-24-19 ECONOMY: Acuerdo that modifies the acuerdo that announces the tariff quota for chicken meat

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

UNITED STATES [NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR=FINAL

RULE OR ORDER, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE

OR ORDER, TR=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD;

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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

05-07-19 Memorandum of April 22, 2019 Combating High Nonimmigrant Overstay Rates

05-09-19 Executive Order 13870 of May 2, 2019 - America’s Cybersecurity Workforce

05-10-19

Executive Order 13871 of May 8, 2019 - Imposing Sanctions With Respect to the Iron, Steel, Aluminum, and Copper Sectors of Iran

Notice of May 8, 2019 Continuation of the National Emergency With Respect to the Actions of the Government of Syria

Notice of May 8, 2019 Continuation of the National Emergency With Respect to the Central African Republic

05-13-19 Proclamation 9880 of May 8, 2019 Addressing Mass Migration Through the Southern Border of the United States

05-15-19 Notice of May 13, 2019 Continuation of the National Emergency With Respect to Yemen

05-17-19

Executive Order 13873 of May 15, 2019 Securing the Information and Commu-nications Technology and Services Supply Chain

Presidential Determination No. 2019–12 of April 29, 2019 Presidential Determi-nation Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Au-thorization Act for Fiscal Year 2012

Memorandum of April 30, 2019 Delegation of Authority Under Section 5 of the United States-Caribbean Strategic Engagement Act of 2016

05-21-19

Proclamation 9886 of May 19, 2019 on Adjusting Imports of Steel into the United States

Proclamation 9887 of May 16, 2019 - To Modify the List of Beneficiary Develop-ing Countries Under the Trade Act of 1974

Proclamation 9888 of May 17, 2019 - Adjusting Imports of Automobiles and Au-tomobile Parts Into the United States

Notice of May 20, 2019 - Continuation of the National Emergency With Respect to the Stabilization of Iraq

05-23-19

Proclamation 9893 of May 19, 2019 on Adjusting Imports of Aluminum into the United States

Proclamation 9894 of May 19, 2019 Adjusting Imports of Steel Into the United States

05-30-19 Memorandum of May 24, 2019 - Delegation of Function under the Hizballah In-ternational Financing Prevention Act of 2015, as Amended

06-05-19 Proclamation 9902 of May 31, 2019 To Modify the List of Beneficiary Develop-ing Countries Under the Trade Act of 1974

06-13-19

Presidential Determination No. 2019–13 of June 10, 2019 Presidential Determi-nation Pursuant to Section 303 Defense Production Act of 1950, as Amended (re: Domestic Production of Small Unmanned Aerial Systems)

Memorandum of May 24, 2019 Delegation of Functions and Authorities Under the Nicaragua Human Rights and Anticorruption Act of 2018

Memorandum of May 24, 2019 Delegation of Functions and Authorities Under the Sanctioning the Use of Civilians as Defenseless Shields Act

06-14-19

Notice of June 13, 2019 -- Continuation of the National Emergency With Re-spect to the Actions and Policies of Certain Members of the Government of Bel-arus and Other Persons to Undermine Democratic Processes or Institutions of Belarus

Executive Order 13874 of June 11, 2019 Modernizing the Regulatory Frame-work for Agricultural Biotechnology Products

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President threatens tariffs with Mexico then reaches agreement calling them off – for now.

On May 30, 2019, President Trump stated that,

As everyone knows, the United States of America has been invaded by hundreds of thousands of people coming through Mexico and entering our country illegally. This sustained influx of illegal aliens has profound consequences on every aspect of our national life—overwhelming our schools, overcrowding our hospitals, draining our welfare system, and causing untold amounts of crime …

***

Mexico must step up and help solve this problem. We welcome people who come to the United States legally, but we cannot allow our laws to be broken and our borders to be violated. For years, Mexico has not treated us fairly—but we are now asserting our rights as a sovereign Nation.

To address the emergency at the Southern Border, I am invoking the authorities granted to me by the International Emergency Economic Powers Act. Accordingly, starting on June 10, 2019, the United States will impose a 5 percent Tariff on all goods imported from Mexico. If the illegal migration crisis is alleviated through effec-tive actions taken by Mexico, to be determined in our sole discretion and judgment, the Tariffs will be removed. If the crisis persists, however, the Tariffs will be raised to 10 percent on July 1, 2019. Similarly, if Mexico still has not taken action to dramati-cally reduce or eliminate the number of illegal aliens crossing its territory into the United States, Tariffs will be increased to 15 percent on August 1, 2019, to 20 percent on September 1, 2019, and to 25 percent on October 1, 2019. Tariffs will perma-nently remain at the 25 percent level unless and until Mexico substantially stops the illegal inflow of aliens coming through its territory. Workers who come to our country through the legal admissions process, including those working on farms, ranches, and in other businesses, will be allowed easy passage.

If Mexico fails to act, Tariffs will remain at the high level, and companies located in Mexico may start moving back to the United States to make their products and goods. Companies that relocate to the United States will not pay the Tariffs or be af-fected in any way.

Meetings were then held between US and Mexican officials, and on June 10,

2019, President Trump announced that Mexico had agreed to build up its forces

along its southern border with Guatemala and revise its asylum rules. According

the President announced the tariffs would not be placed on goods from Mexico –

for now – and the arrangements would be re-evaluated in 90 days. Several mem-

bers of the Senate and House of Representatives, including those from the Presi-

dent’s party, had criticized the imposition of tariffs on Mexican goods.

President issues Proclamation removing India from GSP

On May 31, 2019, President Trump signed Proclamation 9902 of May 31, 2019

To Modify the List of Beneficiary Developing Countries Under the Trade Act of

1974 (published in the Federal Register on June 5, 2019). The Proclamation

states that the President has determined that India has not assured the United

States that India will provide equitable and reasonable access to its markets. Ac-

cordingly, it is appropriate to terminate India’s designation as a beneficiary devel-

oping country effective June 5, 2019. The Proclamation:

(1) Terminates the designation of India as a beneficiary developing country, effective June 5, 2019.

(2) Modifies general notes 4(a) and 4(d) and pertinent subheadings of the HTS as set forth in Annex A to the proclamation.

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(3) Supersedes any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation to the extent of such in-consistency.

(4) Removes the exemption for India from application of the safeguard measures on CSPV [certain crystalline silicon photovoltaic] products and large residential washers, effective June 5, 2019.

(5) Modifies subdivision (b)(2) of U.S. note 17 and subdivision (b) of U.S. note 18 to subchapter III of chapter 99 of the HTS as set forth in Annex B to the proclamation.

(6) Provides that any merchandise from India or Turkey subject to the safeguard measures implemented by Proclamation 9693 and Proclamation 9694 that is admitted into a United States foreign trade zone on or after 12:01 a.m. eastern daylight time on June 5, 2019, must be admitted as “privileged foreign status” as defined in 19 C.F.R. 146.41, and will be subject upon entry for consumption to the safeguard measures implemented by Proclamation 9693 and Proclamation 9694.

President issues proclamations removing Sec. 232 steel and alumi-num duties on goods originating in Canada and Mexico

On May 19, 2019, President Trump signed Proclamation 9893 of May 19, 2019

on Adjusting Imports of Aluminum into the United States (published in the Fed-

eral Register on May 23, 2019) and Proclamation 9894 of May 19, 2019 on Ad-

justing Imports of Steel into the United States (published in the Federal Regis-

teron May 21, 2019), which remove the 10% duties on aluminum and 25% duties

on steel for goods originating in Canada and Mexico, while maintaining the cur-

rent level of duties for other countries.

The modifications made by the proclamations are effective with respect to goods

entered for consumption, or withdrawn from warehouse for consumption, on or

after 12:01 a.m. eastern daylight time on May 20, 2019, and shall continue in ef-

fect, unless such actions are expressly reduced, modified, or terminated.

Any imports of aluminum or steel articles from Canada and Mexico that were ad-

mitted into a US foreign trade zone under “privileged foreign status” as defined in

19 C.F.R. 146.41, prior to 12:01 a.m. eastern daylight time on May 20, 2019,

shall not be subject upon entry for consumption made after 12:01 a.m. eastern

daylight time on May 20, 2019, to the additional 10 or 25 percent ad valorem rate

of duty imposed by Proclamations 9704, or 9705, as amended.

The tariffs are being removed because the United States has successfully con-

cluded discussions with Canada and Mexico on satisfactory alternative means to

address the threatened impairment of the national security posed by aluminum

and steel imports from Canada and Mexico. The United States has agreed on a

range of measures with Canada and Mexico to prevent the importation of alumi-

num and steel that is unfairly subsidized or sold at dumped prices, to prevent the

transshipment of aluminum and steel, and to monitor for and avoid import

surges. These measures are expected to allow imports of aluminum and steel

from Canada and Mexico to remain stable at historical levels without meaningful

increases, thus permitting the domestic capacity utilization to remain reasonably

commensurate with the target level recommended in the Secretary of Com-

merce’s report, which resulted in the Section 232 duties. In the President’s judg-

ment, these measures will provide effective, long-term alternative means to ad-

dress the contribution of these countries’ imports to the threatened impairment of

the national security.

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The steel proclamation also reflects the reduction in the tariff on Turkish steel

from 50% to 25% that was made in Proclamation 9886 of May 16, 2019 on Ad-

justing Imports of Steel into the United States.

US imposes comprehensive restrictions on exports/reexports to Huawei and its affiliates and issues Executive Order to Secure In-formation and Communications Technology and Services in the United States

See detailed article under EXPORT CONTROLS AND SANCTIONS, below.

On May 15, 2019, President Trump issued Executive Order 13873 on Securing

the Information and Communications Technology and Services Supply Chain

that authorizes the Commerce Secretary to regulate the acquisition and use of in-

formation and communications technology and services from a “foreign adver-

sary.”

Broadly speaking, the order authorizes the creation of national security focused

import regulation mirroring the long-standing export control and foreign invest-

ment regimes. The order represents a dramatic expansion of federal power with-

out Congressional involvement. Given the pervasiveness of information and com-

munications technology and services throughout the economy and the globaliza-

tion of supply chains, practical effects could be far-reaching and surprising.

The Commerce Secretary has 150 days (until mid-October) to promulgate regu-

lations implementing the Supply Chain Order. The Commerce Department has

broad discretion, and businesses developing, making and using information and

communications technology and services should consider weighing in with the

department on the scope, content and effect of this new regulatory program.

Objective

In promulgating the Supply Chain Order under International Emergency Eco-

nomic Powers Act of 1977, the President declared a national emergency, assert-

ing the order was necessary because “foreign adversaries are increasingly creat-

ing and exploiting vulnerabilities in information and communications technology

and services … in order to commit malicious cyber-enabled actions, including

economic and industrial espionage.” In the President’s words, “openness must

be balanced by the need to protect our country against critical national security

threats.”

Regulatory Authorization

The Supply Chain Order provides that the Commerce Secretary, in consultation

with other agencies, may prohibit or condition the acquisition, importation, trans-

fer, installation, dealing in, or use by persons subject to US jurisdiction of infor-

mation and communications technology or services “designed, developed, manu-

factured, or supplied” by persons owned, controlled or directed by a “foreign ad-

versary” where the Secretary believes there is an “unacceptable risk” to US na-

tional security.

The term “information and communications technology or services” is defined ca-

paciously as “hardware, software, or other product or service primarily intended

to fulfill or enable the function of information or data processing, storage, re-

trieval, or communication by electronic means, including transmission, storage,

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and display.” Products ranging from watches to cars now include information and

data processing technologies. Just about the only things not potentially covered

by the Supply Chain Order are raw materials and other commodities.

A “foreign adversary” is any foreign government, entity or individual “engaged in

a long‑term pattern or serious instances of conduct significantly adverse to the

national security.” Thus, prohibitions and restrictions could extend to products

and services from specific companies and individuals as well as more broadly

from particular countries.

In sum, the Supply Chain Order authorizes the Commerce Secretary to regulate

from where and from whom businesses operating in the United States may ac-

quire information and communications technology and services. If the Secretary

deems that a particular country or entity presents an “unacceptable risk,” he can

prohibit US persons from using products or services made or supplied by that

“foreign adversary.” He could also prohibit US businesses from buying inputs

from foreign firms from allied countries that employ, say, programmers or techni-

cians the Secretary thinks are subject to the direction of a foreign adversary. Ar-

guably, he could even effectively prohibit US companies from employing in the

United States foreign individuals the Secretary believes are subject to the direc-

tion of a foreign adversary. Given the centrality of the United States to infor-

mation and communications technologies and services globally, one could ex-

pect any such US prohibitions would have global repercussions.

Implementing Regulations

The Commerce Secretary is to publish implementing regulations by mid October

2019. The regulations will presumably define (1) the types of technologies or ser-

vices that will be covered, (2) the countries, companies and people (“foreign ad-

versaries”) that will be the target of regulation, and (3) procedures and conditions

to license particular transactions and classes of transactions. Given how much

discretion the Commerce Secretary has in designing the regulatory regime, it will

be important for interested parties to provide input.

Interagency Consultation and Decision Authority

In promulgating and applying these regulations, the Commerce Secretary is to

consult with other economic and security agencies. This list of agencies overlaps

significantly with the Committee on Foreign Investment in the United States

(CFIUS), which has decades of experience in applying US foreign investment

law. However, in the investment context, the ultimate decision power rests with

the President, and CFIUS operates by consensus, which has a moderating ef-

fect. Under the Supply Chain Order, the Commerce Secretary is the decision-

maker, and he need not heed input from other agency heads.

Conclusion

The Supply Chain Order is a remarkable appropriation of legislative authority by

the executive and it will likely lead to new and disruptive market interventions. As

dramatic as it is, the order is but one of series of recent regulatory measures

prompted by national security concerns arising from commercial transactions,

with other measures relating to sanctions, foreign investment, dual use exports,

and government procurement.[1] While tariffs on U.S./China trade have attracted

the most attention, the expanding regulation in the name of national security may

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prove more durable and important, reflecting as it does growing geo-strategic

competition and concerns over new vulnerabilities created by technology.

Author: Rod Hunter.

President issues Proclamation related to national security Sec. 232 auto/auto parts investigation – orders pursuing negotiations

On May 17, 2019, President Trump signed Proclamation 9888 Adjusting Imports

of Automobiles and Automobile Parts Into the United States (published in the

Federal Register on May 21, 2019) under Section 232 the Trade Expansion Act

of 1962, as amended (19 U.S.C. 1862). The Proclamation states that the Secre-

tary of Commerce’s (the Secretary) Section 232 report on his investigation into

the effects of imports of passenger vehicles (sedans, sport utility vehicles, cross-

over utility vehicles, minivans, and cargo vans) and light trucks (collectively “auto-

mobiles”) and certain automobile parts (engines and engine parts, transmissions

and powertrain parts, and electrical components) on the national security of the

United States found that:

automotive research and development (R&D) is critical to national security.

increases in imports of automobiles and automobile parts, combined with other circumstances, have over the past three decades given foreign-owned producers a competitive advantage over American-owned producers and “[d]efense pur-chases alone are not sufficient to support . . . R&D in key automotive technolo-gies”

automobiles and certain automobile parts are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States

The Proclamation states that the President concurs with the Secretary’s finding

and that domestic conditions of competition must be improved by reducing im-

ports. Furthermore, the President states that American-owned producers must be

able to increase R&D expenditures to ensure technological leadership that can

meet national defense requirements. Successful negotiations could allow Ameri-

can-owned automobile producers to achieve long-term economic viability and in-

crease R&D spending to develop cutting-edge technologies that are critical to the

defense industry.

Accordingly the Proclamation states:

(1) The Trade Representative, in consultation with the Secretary, the Secretary of the Treasury, and any other senior executive branch officials the Trade Representative deems appropriate, shall pursue negotiation of agreements contemplated in 19 U.S.C. 1862(c)(3)(A)(i) to address the threatened impairment of the national security with respect to imported automobiles and certain automobile parts from the European Union, Japan, and any other country the Trade Representative deems appropriate.

(2) Within 180 days of the date of this proclamation, the Trade Representative shall update me on the outcome of the negotiations directed under clause (1) of this procla-mation.

(3) The Secretary shall continue to monitor imports of automobiles and certain auto-mobile parts and shall, from time to time, in consultation with any senior executive branch officials the Secretary deems appropriate, review the status of such imports with respect to the national security. The Secretary shall inform the President of any circumstances that in the Secretary’s opinion might indicate the need for further ac-tion by the President under section 232 of the Trade Expansion Act of 1962, as amended.

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(4) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such incon-sistency.

President issues Proclamation lowering tariffs on Turkish steel

On May 16, 2019, President Trump signed Proclamation 9886 on Adjusting Im-

ports of Steel into the United States, which removes the higher 50 percent ad val-

orem tariff on steel imports from Turkey imposed by Proclamation 9772, and to

instead imposes a 25 percent ad valorem tariff on steel imports from Turkey,

commensurate with the tariff imposed on such articles imported from most coun-

tries.

The Proclamation:

Modifies subchapter III of chapter 99 of the HTSUS as provided in the Annex to the proclamation and any subsequent proclamations regarding such steel arti-cles.

Provides that, except as otherwise provided in notices published pursuant to clause 3 of the proclamation, all steel articles imports from Turkey covered by heading 9903.80.02, in subchapter III of chapter 99 of the HTSUS, shall be sub-ject to a 50 percent ad valorem rate of duty with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on August 13, 2018 and prior to 12:01 a.m. EDT on May 21, 2019. All steel articles imports covered by heading 9903.80.61, in subchapter III of chapter 99 of the HTSUS, shall be subject to the additional 25 percent ad valorem rate of duty established herein with respect to goods entered for consumption, or with-drawn from warehouse for consumption, on or after 12:01 a.m. EDT on the date specified in a determination by the Secretary granting relief. These rates of duty, which are in addition to any other duties, fees, exactions, and charges applicable to such imported steel articles, shall apply to imports of steel articles from each country as specified in the preceding three sentences.

Deletes the text of U.S. note 16(a)(i) to subchapter III of chapter 99 of the HTSUS, “Except as provided in U.S. note 16(a)(ii), which applies to products of Turkey that are provided for in heading 9903.80.02, heading 9903.80.01 pro-vides” and inserts the following in lieu thereof: “Heading 9903.80.01 provides”.

Deletes Heading 9903.80.02, in subchapter III of chapter 99 of the HTSUS, and its accompanying material, and U.S. note 16(a)(ii) to subchapter III of chapter 99 of the HTSUS.

Amends paragraphs (b), (c), and (d) of U.S. note 16 to subchapter III of chapter 99 of the HTSUS by replacing “headings 9903.80.01 and 9903.80.02” with “head-ing 9903.80.01”.

Amends the “Article description” for heading 9903.80.01 in subchapter III of chapter 99 of the HTSUS is amended by replacing “of Brazil, of Turkey” with “of Brazil”.

Provides that the above modifications to the HTSUS shall be effective with re-spect to goods entered for consumption, or withdrawn from warehouse for con-sumption, on or after 12:01 a.m. EDT on May 21, 2019 and shall continue in ef-fect, unless such actions are expressly reduced, modified, or terminated.

Provides that any steel articles imports from Turkey that were admitted into a United States foreign trade zone under “privileged foreign status” as defined in 19 C.F.R. 146.41, prior to 12:01 a.m. EDT on May 21, 2019, shall be subject upon entry for consumption on or after such time and date to the ad valorem rate of duty in heading 9903.80.01 in subchapter III of chapter 99 of the HTSUS.

See CSMS #19-000257 (05-20-19) for CBP implementing instructions.

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President issues Proclamation removing Turkey from GSP

On May 16, 2019, President Trump signed Proclamation 9887 to Modify the List

of Beneficiary Developing Countries Under the Trade Act of 1974 (published in

the Federal Register on May 21, 2019). The Proclamation states that the Presi-

dent has determined that, based on its level of economic development, it is ap-

propriate to terminate Turkey’s designation as a beneficiary developing country

effective May 17, 2019. The Proclamation:

(1) Terminates the designation of Turkey as a beneficiary developing country, effec-tive May 17, 2019.

(2) Modifies general notes 4(a) and 4(d) and pertinent subheadings of the HTS as set forth in Annex A to the proclamation.

(3) Supersedes any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation to the extent of such in-consistency.

(4) Removes the exemption for Turkey from application of the safeguard measures on CSPV [certain crystalline silicon photovoltaic] products and large residential wash-ers, effective May 17, 2019.

(5) Modifies subdivision (b)(2) of U.S. note 17 and subdivision (b) of U.S. note 18 to subchapter III of chapter 99 of the HTS as set forth in Annex B to the proclamation.

US imposes new sanctions on Iran-related trade in iron and copper and additional sanctions on trade in steel and aluminum

On May 8, 2019, President Trump issued Executive Order 13871 (the “Iran Met-

als EO”) imposing sanctions on the iron, steel, aluminum, and cooper sectors of

Iran subject to a 90-day wind-down period that will expire on August 6, 2019. Alt-

hough the sale, supply or transfer to/from Iran of steel and aluminum is already

targeted by Section 1245 of the Iran Freedom and Counter-Proliferation Act of

2012, the Iran Metals EO expands upon those sanctions and further targets the

Iranian iron and copper sectors.

The Iran Metals EO authorizes the US Government to designate as a Specially

Designated National (SDN) any person or entity that meets the following criteria:

1. Operating in the iron, steel, aluminum, or copper sector of Iran, or being a person that owns, controls, or operates an entity that is part of the iron, steel, aluminum, or copper sector of Iran;

2. Knowingly engaging, in a “significant” transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, alu-minum, or copper sectors of Iran on or after May 8, 2019;

3. Knowingly engaging in a “significant” transaction for the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum prod-ucts, steel, steel products, copper, or copper products from Iran on or after May 8, 2019;

4. Materially assisting, sponsoring, or providing financial, material, or technological support for, or goods or services in support of any person designated as an SDN pursuant to the Iran Metals EO; or

5. Being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, any person designated as an SDN pursuant to the Iran Metals EO.

As such, the Iran Metals EO authorizes the imposition of sanctions on non-US

persons operating both within and outside of Iran who engage in the activities de-

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scribed above. In addition, the Iran Metals EO authorizes the imposition of sanc-

tions on non-US financial institutions involved in certain financial transactions in-

volving these metal-related sectors of the Iranian economy. In particular, the Iran

Metals EO authorizes the imposition of correspondent account and payable-

though account sanctions on non-US financial institutions that, on or after May 8,

2019, knowingly conduct or facilitate any “significant” financial transaction:

1. For the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, aluminum, or copper sectors of Iran;

2. For the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran; or

3. For or on behalf of any person designated as an SDN pursuant to the Iran Metals EO.

For the purposes of the Iran Metals EO, OFAC anticipates that it will adopt the

multi-factor definition of “significant” set out at 31 C.F.R § 561.404, which in-

cludes the size, number, and frequency of the transactions and their impact on

US sanctions program objectives. OFAC guidance on the Iran Metals EO also

clarifies that entering into new business that would be sanctionable under the

Iran Metals EO will not be considered wind-down activity, and could be sanc-

tioned even during the wind-down period.

For additional information, please contact the authors, Bart M. McMillan, Lise S.

Test, Daniel Andreeff, or any member of the US Outbound Trade group with

whom your normally work.

USTR schedules GSP product review hearing

On June 14, 2019, the Office of the US Trade Representative (USTR) published

in the Federal Register a notice of hearing and requests to testify and for public

comments [Docket No. USTR–2019–0001] in connection with the 2019 General-

ized System of Preferences (GSP) Annual Product Review. USTR has accepted

petitions submitted in connection with the 2019 GSP Annual Product Review for

further review. The notice includes the schedule for submission of public com-

ments and the date of a public hearing to review these petitions and products by

the GSP Subcommittee of the Trade Policy Staff Committee (TPSC).

The schedule is:

June 26, 2019 at midnight EDT: Deadline for submission of comments, pre-hear-ing briefs, and requests to appear at the GSP Subcommittee Public Hearing on the 2019 GSP Annual Product Review.

July 2, 2019 at 1:30 p.m. EDT: The GSP Subcommittee will convene a public hearing on all petitioned product additions, product removals, and competitive needs limitation (CNL) waiver petitions that it accepted for the 2019 GSP Annual Product Review.

August 15, 2019 at midnight EDT: Deadline for submission of post-hearing com-ments or briefs in connection with the GSP Subcommittee Public Hearing.

September 7, 2019: USTR expects that the U.S. International Trade Commission (USITC) will deliver a report to USTR providing advice on the probable economic effects of adding products to GSP eligibility, removing products from GSP eligibil-ity, and granting CNL waiver petitions during the 2019 GSP Annual Product Re-view. Interested parties can post comments on the USITC report on www.regula-tions.gov using Docket Number USTR–2019–0001. Comments are due ten cal-endar days after the publication date of the USITC’s public report.

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November 1, 2019: Effective date for any modifications that the President pro-claims to the list of articles eligible for duty-free treatment under GSP resulting from the 2019 GSP Annual Product Review and for determinations related to CNL waivers.

USTR excludes additional products from solar products safeguard

On June 13, 2019, the Office of the US Trade Representative (USTR) published

in the Federal Register a notice of product exclusions [Docket No. USTR–2018–

0001] from the safeguard measure on imports of certain solar products imposed

on January 23, 2018, by the President imposed pursuant to a Section 201 inves-

tigation. On February 14, 2018, USTR established a procedure to request prod-

uct-specific exclusions from application of the safeguard measure. On Septem-

ber 19, 2018, USTR granted certain of those exclusion requests. This notice an-

nounces USTR’s determination to grant additional exclusion requests, as speci-

fied in the Annex to the notice, which modifies US note 18 to subchapter III of

chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS).

USTR has completed review of all exclusion requests received in response to the

February 14 notice and will not further consider exclusion requests that were not

granted in this or the September 19 notices. This action is without prejudice to

the USTR’s authority to grant exclusions if there is another round of requests for

exclusion. The product exclusions announced in this notice will apply as of June

13, 2019

USTR clarifies effective date of 10% to 25% increase in Sec. 301 tariffs shipped prior to May 10, 2019.

On May 15, 2019, USTR published in the Federal Register a notice of imple-

menting modification. In a notice published on May 9, 2019, the USTR increased

the rate of additional duty from 10 percent to 25 percent for the products of China

covered by the September 2018 action that are (i) entered for consumption, or

withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern day-

light time on May 10, 2019, and (ii) exported to the United States on or after May

10, 2019. This notice provides that products of China that are covered by the

September 2018 action and that were exported to the United States prior to May

10, 2019, are not subject to the additional duty of 25 percent, as long as such

products are entered into the United States prior to June 1, 2019.* Such products

remain subject to the additional duty of 10 percent for this interim period.

For subject goods entered for consumption, or withdrawn from warehouse for

consumption, on or after 12:01 a.m. eastern standard time on May 10, 2019, and

before June 1, 2019, and exported to the United States before May 10, 2019, re-

port the following new HTS number and duty rate:

HTS: 9903.88.09 Duty Rate: 10 percent

The subject imports of China that are entered into the United States on or after

June 1, 2019 are subject to the 25 percent rate of additional duty under HTS

9903.88.03 and 9903.88.04. The products of China covered by the September

2018 action that are admitted into a foreign-trade zone (FTZ) in “Privileged For-

eign” status shall retain that status consistent with 19 C.F.R. 146.41(e) and will

be subject, at the time of entry for consumption, to the additional duty rate that

was in effect at the time of FTZ admission of said product.

On May 31, 2019, USTR posted a notice stating that USTR will post a Federal

Register notice that extends the amount of time certain goods exported from

China have to enter the United States before they will be subject to an additional

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tariff increase from 10 percent to 25 percent. On June 10, 2019, USTR published

the Federal Register notice extending the time for covered products that were ex-

ported from China to the United States prior to May 10, 2019 if they enter into the

U.S. before June 15, 2019. These goods will remain subject to an additional 10

percent tariff. Originally, the deadline to enter the US before the goods would be

subject to an additional 25 percent tariff was June 1, 2019.

This limited extension will further account for customs enforcement factors and

the transit time between China and the United States by sea.

USTR issues additional exclusions to Sec. 301 (List 1) tariffs

On May 14, 2019, USTR published in the Federal Register a notice of product

exclusion from the additional duties imposed (effective July 6, 2018) on goods of

China with an annual trade value of approximately $34 billion (the $34 billion ac-

tion) as part of the action in the Section 301 investigation of China’s acts, poli-

cies, and practices related to technology transfer, intellectual property, and inno-

vation. USTR’s determination included a decision to establish a product exclu-

sion process. USTR initiated the exclusion process in July 2018, and stakehold-

ers have submitted requests for the exclusion of specific products. USTR granted

exclusion requests in December 2018, March 2019, and April 2019. This notice

announces USTR’s determination to grant additional exclusion requests, as

specified in the Annex to the notice using the new HTS subheading “9903.88.08.”

USTR will continue to issue decisions on pending requests on a periodic basis.

The product exclusions announced in the notice will apply as of the July 6, 2018

effective date of the $34 billion action, and will extend for one year after the publi-

cation of this notice. US Customs and Border Protection has issued instructions

on entry guidance and implementation (CSMS # 19-000244, dated May 14,

2019). In addition to new subheading 9903.88.08, the notice inserts a new US

note 20(k) to subchapter III of chapter 99; amends US notes 20(a) and 20(b) to

subchapter III of chapter 99; and amends the Article Description of heading

9903.88.01.

On June 4, 2019, USTR published a notice in the Federal Register announcing

USTR’s determination to grant additional exclusion requests, as specified in the

Annex to the notice. USTR will continue to issue decisions on pending requests

on a periodic basis. The product exclusions announced in this notice will apply as

of the July 6, 2018 effective date of the $34 billion action, and will extend for one

year after the publication of this notice. US Customs and Border Protection will

issue instructions on entry guidance and implementation. The notice announces

USTR’s determination to grant additional exclusion requests, as specified in the

Annex to the notice using the new HTS subheading “9903.88.10.” In addition to

new subheading 9903.88.10, the notice inserts a new US note 20(m) to subchap-

ter III of chapter 99; amends US notes 20(a) and 20(b) to subchapter III of chap-

ter 99; and amends the Article Description of heading 9903.88.01. USTR will

continue to issue decisions on pending requests on a periodic basis.

USTR publishes proposed list for next round of Sec. 301 tariffs

On May 17, 2019, USTR published in the Federal Register a notice [Docket

Number USTR–2019–0004] that was made available as an advance copy on

May 13, beginning the process of imposing additional duties of up to 25% on all

remaining imports from China (i.e., List 4). According to the notice, “[i]n light of

China’s failure to meaningfully address the acts, policies, and practices that are

subject to this investigation and its response to the current action being taken in

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this investigation, and at the direction of the President, the Trade Representative

proposes to modify the action being taken in this investigation.” The modification

being proposed is imposing additional duties of up to 25% on “essentially all [Chi-

nese-origin] products not currently covered” by one of the previous lists. This

new “List 4” covers approximately $300 billion worth of imports from China and

includes, for example, subheading 8517.62.0090, HTS which was created in an

earlier phase of the investigation and excluded from duties at that time. Articles

such as pharmaceuticals, pharmaceutical inputs, select medical goods, rate

earth materials and critical minerals are excluded; as are articles covered by pre-

viously granted product exclusions.

Before taking such action, the USTR is soliciting public comments like was done in previous phases of this investigation. There will be an opportunity to participate in a public hearing that will begin on June, 17, 2019, as well as to submit written comments.

The notice asks that interested parties address: (1) the tariff subheadings to be subject to increased duties (whether the ones included in the Annex to the notice should be retained or removed, or others not on that list added);

(2) what the appropriate additional duty rate should be (i.e., 25% or something less); and

(3) whether the entire ~$300 billion in imports should be targeted, or something less.

For (1), the USTR asks that commenters specifically address “whether imposing

increased duties on a particular product would be practicable or effective to ob-

tain the elimination of China’s acts, policies, and practices, and whether imposing

additional duties on a particular product would cause disproportionate economic

harm to U.S. interests, including small- or medium-size businesses and consum-

ers.”

To be assured of consideration, comments and responses must be submitted in

accordance with the following schedule:

June 10, 2019: Due date for filing requests to appear and a summary of expected testimony at the public hearing.

June 17, 2019: Due date for submission of written comments.

June 17, 2019: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, that begins at 9:30 a.m.

Seven days after the last day of the public hearing: Due date for submission of post-hearing rebuttal comments

In terms of timing, we expect that the hearing will last at least one week. Rebut-

tal comments are due 7 days after the close of the hearing. Based on this timing,

the Administration would not be in a position to impose the additional duties until

after President Trump and President Xi have the opportunity to meet at the G20

summit in Japan (June 28-29th). That means there is a (slim) chance that, if ne-

gotiations continue in the meantime, that a final resolution can be reached at that

meeting and these additional duties will never be imposed. Obviously, however,

no one can bank on that happening. As a result, all companies that are impacted

by List 4 should participate in this process. There seems to be genuine misun-

derstandings within the Administration over issues such as ‘who pays the addi-

tional duty’ and how quickly U.S. companies can modify their supply chains. Par-

ticipating in the process offers the chance to clear this up. In addition, we believe

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that participation in the public hearing can help (somewhat) with the product ex-

clusion process (which, if the additional duties are set at 25%, should be created

at or around the same time). While we do not expect that many articles will actu-

ally be excluded based on public participation given the current state of US-

China trade relations, we nevertheless believe it is important for all companies to

participate in one form or another.

To paraphrase Winston Churchill, this is not the beginning of the end, but is

hopefully getting us closer to the end of the beginning. If you have any ques-

tions, or if you would like to discuss participating in the process, please let us

know. Author: Ted Murphy.

In response the May 10, 2019 increase from 10% to 25%, China has published a

notice increasing tariffs on certain US goods effective June 1, 2019. Please see

CHINA section below for details.

Update on Sec. 301 tariffs on certain Chinese goods – 10% goes to 25%

On May 9, 2019, USTR published in the Federal Register a notice of modification

of action announcing that the 10% duty on articles from China included on List 3

under Section 301 will increase to 25%. The notice also announces that, as

promised, now that the duty rate is going to 25%, USTR will establish a product

exclusion process for articles on List 3 (as has been done for articles included on

Lists 1 and 2).

Interestingly, the notice has an exception to the effective date for the duty in-

crease. The notice contains multiple references to the 25% rate becoming effec-

tive this Friday, May 10, 2019. For example, the notice states:

The Annex to this notice amends the Harmonized Tariff Schedule of the United States to provide that the rate of additional duties for the September 2018 action [i.e., List 3] will increase to 25 percent on May 10, 2019.

However, the Annex (unlike previous Federal Register notices imposing the Sec-

tion 301 duties), includes two separate conditions for the increase in duties to

take effect. Specifically, it states:

Effective with respect to goods (i) entered for consumption, or withdrawn from ware-house for consumption, on or after 12:01 a.m. eastern daylight time on May 10, 2019, and (ii) exported to the United States on or after May 10, 2019, subchapter III of chap-ter 99 of the Harmonized Tariff Schedule of the United States is modified . . . .

As a result, in order for the 25% duty rate to apply, the imported merchandise

must be entered for consumption after 12:01 am ET Friday morning May 10 and

have been exported to the United States on or after Friday, May 10. So, an entry

of merchandise included on List 3 exported from China prior to May 10 would not

be subject to the 25% duty rate even if it was entered after 12:01 am Friday (it

would still be subject to the 10% rate).

US Customs and Border Protection (CBP) issued Cargo Systems Messaging

Service (CSMS) message 19-000236 on May 9 and CSMS 19-000238 on May

10 that address how merchandise exported from China prior to May 10, but en-

tered for consumption in the United States on May 10 or thereafter, will be

treated.

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The good news is that CBP confirmed that such shipments are subject to the

10% duty rate (not the 25% duty rate). For subject goods entered for consump-

tion, or withdrawn from warehouse for consumption, on or after 12:01 a.m. east-

ern standard time on May 10, 2019, and exported to the United States on or after

May 10, 2019, report the following HTS numbers and duty rates:

HTS: 9903.88.03 and 9903.88.04; Duty Rate: 25 percent

On May 9, USTR released another notice that attempts to address the ‘ship-

ments on the water’ issue (i.e., shipments exported from China before 12:01 am

ET May 10, but entered for consumption in the United States on or after 12:01

am ET May 10).

The notice, which was published in the Federal Register on May 15, 2019, pro-

vides that such shipments will be subject to the 10% duty rate so long as they are

entered for consumption, or withdrawn from warehouse for consumption, prior to

June 1, 2019 (i.e., in the next 3 weeks). The Annex to the notice creates the new

HTS subheading 9903.88.09 for such shipments.

For subject goods entered for consumption, or withdrawn from warehouse for

consumption, on or after 12:01 a.m. eastern standard time on May 10, 2019, and

before June 1, 2019, and exported to the United States before May 10, 2019, re-

port the following HTS number and duty rate:

HTS: 9903.88.09; Duty Rate: 10 percent

The subject imports of China that are entered into the United States on or after

June 1, 2019 are subject to the 25 percent rate of additional duty under HTS

9903.88.03 and 9903.88.04.

Assuming that HTS subheading 9903.88.09 is available in the ACE system

(as CBP's CSMS 19-000238 appears to confirm), this obviates the need for im-

porters of these shipments to pay the 25% duty and claim a refund, or delay the

filing of the entry summary, as originally suggested in CBP’s CSMS 19-000236.

It must be noted that all goods subject to the 10% or 25% duty are also subject

also subject to the general rates of duty imposed on products of China classified

in the subheadings enumerated in U.S. notes 20(f) or 20(g) to subchapter III, as

well as antidumping, countervailing, or other duties, fees, exactions and charges

that apply to such products.

The additional duties imposed by heading 9903.88.09 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 processing performed abroad, as described in the applicable subheading. For heading 9802.00.80, the addi-tional 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.

In response to the increase in duty rate from 10% to 25%, China announced that

it was ready to take “necessary countermeasures” but did not specify what those

countermeasures will be. Stay tuned. Interesting times.

If you have any questions, please contact Ted Murphy or any member of the US

Customs group with whom you normally work.

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Other USTR documents

F.R. Date Subject

05-02-19 Notice With Respect to List of Countries Denying Fair Market Opportunities for Government-Funded Airport Construction Projects (N)

05-21-19 Requests for Emergency Clearance of a Collection of Information by the Office of Management and for Comments [301 Exclusion Requests] (N)

ITC releases HTSUS Revisions 3 through 7

The US International Trade Commission (ITC) recently posted Revision 3

through Revision 7 to the Harmonized Tariff Schedule of the United States

(HTSUS or HTS). As in past releases, the releases may be downloaded as a sin-

gle file, or by individual chapters.

Revision 7 is cumulative and includes all exclusions to the Section 301 tariffs, as

well as sec. 232 changes, GSP revisions and updated Statistical Annexes A and

B of the HTS to reflect the new name of North Macedonia.

ITC investigations

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

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

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

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

notice or ITC Press Release)

Investigation. No. and title Requested by:

Inv. 332-572 Generalized System of Preferences: Possible Modifica-tions, 2018 Review (I, RFC, H)

USTR

Commerce implements new Sec. 232 Exclusions Portal

On June 10, 2019, the Bureau of Industry and Security (BIS), US Department of

Commerce, published in the Federal Register an interim final rule [Docket No.

180227217–8217–03] that changes the process for requesting exclusions from

the duties and quantitative limitations on imports of aluminum and steel dis-

cussed in two Commerce interim final rules implementing the exclusion process

authorized by the President as part of the action he took to adjust imports under

Section 232 of the Trade Expansion Act of 1962, as amended (“232”).

Commerce has developed the portal referred to henceforth as the ‘‘232 Exclu-

sions Portal’’ for persons submitting exclusion requests, objections to exclusion

requests, rebuttals, and surrebuttals to replace the use of the Federal rulemaking

portal and streamline the exclusions process while enhancing data integrity and

quality controls. Based on public comment on the current process for submis-

sions to the Department, Commerce is publishing this interim final rule to grant

the public the ability to submit new exclusion requests as soon as possible

through the 232 Exclusions Portal while still allowing the opportunity for public

comment on the portal.

This interim final rule is effective June 13, 2019. Comments on this interim final

rule must be received by BIS no later than August 9, 2019.

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State proposes extension to US-El Salvador Cultural Property Agreement

On June 5, 2019, the Department of State published in the Federal Register a

notice [Public Notice: 10783] proposing to extend the Memorandum of Under-

standing Between the Government of the United States of America and the Gov-

ernment of the Republic of El Salvador Concerning the Imposition of Import Re-

strictions on Certain Categories of Archaeological Material from the Prehispanic

Cultures of the Republic of El Salvador (MOU). A copy of the MOU, the Desig-

nated List of categories of material restricted from import into the United States,

and related information can be found at the Cultural Heritage Center website.

DHS suspends all flights between US and Venezuela

On June 4, 2019, the Office of the Secretary, Department of Homeland Security

(DHS) published in the Federal Register a notice that informs the public that the

DHS has determined that conditions in Venezuela threaten the safety and secu-

rity of passengers, aircraft, and crew, and that the public interest requires an im-

mediate suspension of all commercial passenger and cargo flights between the

United States and Venezuela. The US Department of Transportation (DOT) con-

curred with this determination and has issued an Order suspending all foreign air

transportation for passengers or cargo to or from any airport in Venezuela, effec-

tive May 15, 2019.

GSA to prepare EIS for land ports of entry

On May 23, 2019, the General Services Administration (GSA), Public Building

Service (PBS) published in the Federal Register a Notice of Intent To Prepare an

Environmental Impact Statement for Land Ports of Entry [Notice-PBS–2019–04;

Docket No. 2019– 0002; Sequence No. 10]. The Federal Motor Carrier Safety

Administration (FMCSA) and GSA have partnered to develop a program of pro-

jects at a number of Land Ports of Entry (LPOEs) so that FMCSA agents can

safely and effectively inspect both commercial truck and bus traffic. GSA intends

to prepare an Environmental Impact Statement (EIS) to analyze the potential im-

pacts from the proposed construction of six (6) inspection facilities at five (5) dif-

ferent LPOEs in both California and Arizona.

The views and comments of the public are necessary to help determine the

scope and content of the environmental analysis. Interested parties are encour-

aged to attend and provide written comments regarding the scope of the EIS and

the proposed facilities by Thursday, July 11, 2019. Scoping meetings for the EIS

will be held on four (4) separate dates listed below:

San Ysidro, CA & Otay Mesa, CA Tuesday, June 18, 2019, 4:00 p.m. to 6:00 p.m., San Diego, CA.

Calexico East, CA Thursday, June 20, 2019, 4:00 p.m. to 6:00 p.m., Calexico, CA.

San Luis II, AZ Wednesday, June 26, 2019, 4:00 p.m. to 6:00 p.m., Yuma, AZ.

Nogales Mariposa, AZ Thursday, June 27, 2019, 4:00 p.m. to 6:00 p.m., Nogales, AZ.

CBP amends APEC Business Travel Card regulations

On June 14, 2019, US Customs and Border Protection published in the Federal

Register a final rule [CBP Dec. 19-05] that amends the Department of Homeland

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Security’s (DHS) regulations (8 C.F.R. Part 235) pertaining to the U.S. Asia-Pa-

cific Economic Cooperation (APEC) Business Travel Card Program to conform to

the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2017

(APEC Act of 2017). Among other conforming changes, it removes the sunset

provision and adds a definition of trusted traveler program. It also updates the

regulations to correct two minor errors.

CBP issues notice of intent under the CDSOA

On May 31, 2019, US Customs and Border Protection (CBP) published in the

Federal Register a notice of intent to distribute for Fiscal Year 2019, pursuant to

the Continued Dumping and Subsidy Offset Act of 2000, assessed antidumping

or countervailing duties (known as the continued dumping and subsidy offset) for

Fiscal Year 2019 in connection with countervailing duty orders, antidumping duty

orders, or findings under the Antidumping Act of 1921. This document provides

the instructions for affected domestic producers, or anyone alleging eligibility to

receive a distribution, to file certifications to claim a distribution in relation to the

listed orders or findings. Certifications to obtain a continued dumping and subsidy

offset under a particular order or finding must be received by July 30, 2019. Any

certification received after this date will be summarily denied, making claimants

ineligible for the distribution.

CBP withdraws 1994 PEIS and 2001 SPEIS for SW border

On May 30, 2019, US Customs and Border Protection (CBP) published in the

Federal Register a notice to provide public awareness of the decision of both

CBP, a component of the Department of Homeland Security (DHS), and Joint

Task Force – North (JTF-N), a joint command of the Department of Defense

(DoD), to withdraw the Records of Decision for the joint Programmatic Environ-

mental Impact Statement (PEIS) of 1994 and the Supplemental PEIS (SPEIS) of

2001. The documents were titled “Programmatic Environmental Impact State-

ment for JTF-6 Activities Along the U.S./Mexico Border” and “Supplemental Pro-

grammatic Environmental Impact Statement for INS and JTF-6 Activities.” These

documents were created by entities which no longer exist. These documents are

no longer used to provide compliance with the National Environmental Policy Act

(NEPA) for any actions of entities within either Department. Actions currently

taken by either CBP or JTF-N comply with NEPA through analysis of individual

projects. The successor to the Immigration and Naturalization Service (INS) is

CBP, and the successor to JTF-6 is JTF-N.

CBP publishes 2019 tuna TRQ for subheading 1604.14.22, HTSUS

On May 15, 2019, US Customs and Border Protection (CBP) published in the

Federal Register a notice [CBP Dec. 19-04] announcement of the quota quantity

of tuna in airtight containers for Calendar Year (CY) 2019. Each year, the tariff-

rate quota for tuna described in subheading 1604.14.22, Harmonized Tariff

Schedule of the United States (HTSUS), is calculated as a percentage of the

tuna in airtight containers entered, or withdrawn from warehouse, for consump-

tion during the preceding calendar year. This document sets forth the tariff-rate

quota for Calendar Year 2019.

It has been determined that 14,945,117 kilograms of tuna in airtight containers

may be entered, or withdrawn from warehouse, for consumption during CY 2019,

at the rate of 6.0% ad valorem under subheading 1604.14.22, HTSUS. Any such

tuna which is entered, or withdrawn from warehouse, for consumption during the

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current calendar year in excess of this quota will be dutiable at the rate of 12.5 %

ad valorem under subheading 1604.14.30, HTSUS.

CBP announces COAC meeting

On May 14, 2019, US Customs and Border Protection (CBP) published in the

Federal Register a notice [Docket No. USCBP-2019-0013] announcing that the

Commercial Customs Operations Advisory Committee (COAC) will hold its quar-

terly meeting on Thursday, May 30, 2019, in Laredo, Texas. The meeting was

open to the public to attend either in person or via webinar.

Presentations from the meeting are available:

Intelligent Enforcement Subcommittee Trade Executive Summary

AD/CVD Government Issue Paper

Intellectual Property Rights Government Issue Paper

Risk-Based Bonding Issue Paper

Next Generation Facilitation Subcommittee Trade Executive Summary

Emerging Technologies Government Issue Paper

Emerging Technologies DRAFT Recommendations

Secure Trade Lanes Subcommittee Trade Executive Summary

Inbond Government Issue Paper

Export Modernization Government Issue Paper

Trusted Trader Government Issue Paper

Rapid Response Subcommittee Trade Executive Summary

CBP updates its Minimum Security Criteria for C-TPAT

On May 3, 2019, US Customs and Border Protection (CBP) announced that it

has finalized its review and update of its Minimum Security Criteria (MSC) for the

Customs Trade Partnership Against Terrorism (CTPAT) program. The announce-

ment said that in 2016, CBP formally requested the Commercial Customs Opera-

tions Advisory Committee (COAC) to establish a Working Group (WG) in order to

discuss and recommend updates to the program’s MSC to ensure that it is reflec-

tive of the current supply chain environment and the threats that the global sup-

ply chain faces today.

Once established, the WG, made up of 50 individuals from both the private and public sector, worked diligently to discuss the updates.

This collaboration produced a series of MSC booklets, one for each business entity type eligible for CTPAT membership. The booklets address both the eligibility require-ments and the MSC for each of the twelve entities in CTPAT. These booklets have been uploaded to the CTPAT Portal and will soon be uploaded to the CTPAT website as well (cbp.gov/ctpat). Members are expected to implement the new criteria through-out the remainder of calendar year 2019 and validations on the new MSC will begin in early 2020.

***

CBP’s goal is to establish a holistic approach to ensuring the security of the supply chain – and an approach that better reflects CBP’s overall mission. To that end, is-sues related to cybersecurity, the protection of the supply chain from agricultural con-taminants and pests, the prevention of money laundering and terrorism financing, and the proper use and management of security technology, such as intrusion alarms and security camera systems, have been incorporated into the program’s new criteria.

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CTPAT will continue to engage its membership and the trade community at large to educate and socialize the new security requirements.

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

05-10-19 Agency Information Collection Activities: Canadian Border Boat Landing Permit [OMB Control No. 1651-0108] (N) [CBP Form I–68]

05-13-19

Accreditation and Approval of AmSpec LLC (Texas City, TX) as a Commercial Gauger and Laboratory (N)

Accreditation and Approval of AmSpec LLC (Savannah, GA) as a Commercial Gauger and Laboratory (N)

Approval of Freeboard International (Linden, NJ), as a Commercial Gauger (N)

05-17-19

Agency Information Collection Activities: Request for Information [OMB Control No. 1651-0023] (N) [CBP Form 28]

Agency Information Collection Activities: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights [OMB Control No. 1651-0123]

Agency Information Collection Activities: Accreditation of Commercial Testing Laboratories and Approval of Commercial Gaugers [OMB Control No. 1651–0053] (N) [Form 6478]

06-05-19

Agency Information Collection Activities: Application To Establish a Centralized Examination Station [OMB Control No. 1651-0061] (N)

Agency Information Collection Activities: Customs and Border Protection Recordkeeping Requirements [OMB Control No. 1651-0076] (N)

Agency Information Collection Activities: Deferral of Duty on Large Yachts Im-ported for Sale [OMB Control No. 1651-0080] (N)

Agency Information Collection Activities: Delivery Ticket [OMB Control No. 1651-0081] (N) [CBP Form 6043]

Agency Information Collection Activities: Customs-Trade Partnership Against Terrorism (C-TPAT) and the Trusted Traveler Program [OMB Control No. 1651–0077] (N) [we believe “Traveler” should be “Trader”]

Agency Information Collection Activities: Declaration for Free Entry of Unaccom-panied Articles [OMB Control No. 1651-0014] (N) [CBP Form 3299]

06-13-19

Agency Information Collection Activities: Importers of Merchandise Subject to Actual Use Provisions [OMB Control No. 1651-0032] (N)

Agency Information Collection Activities: Exportation of Used SelfPropelled Ve-hicles [OMB Control No. 1651-0054] (N)

Agency Information Collection Activities: User Fees [OMB Control No. 1651-0052] (N) [CBP Forms 339A, 339C and 339V]

Agency Information Collection Activities: African Growth and Opportunity Act (AGOA) Textile Certificate of Origin [OMB Control No. 1651-0082] (N)

06-14-19

Agency Information Collection Activities: Cargo Container and Road Vehicle for Transport Under Customs Seal (N) [OMB Control No. 1651-0124]

Agency Information Collection Activities: Protest [OMB Control No. 1651-0017] (N) [CBP Form 19.]

CBP issues final determinations in procurement cases

CBP has published in the Federal Register the following determinations concern-

ing the country of origin of merchandise for purposes of US Government procure-

ment under the Trade Agreements Act. A copy of the final determination may be

reviewed by clicking on the ruling number. Any party-at-interest may seek judi-

cial review of the final determination within 30 days of the date of publication in

the Federal Register.

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F.R. Date Ruling Reference (Date Issued) and Product Country of Origin

05-31-19 HQ H300745 (May 24, 2019) Electroencephalogram (EEG) Cutaneous Electrodes

United States

“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 Covered by the Application

Trademark

05-01-19

Receipt of appli-cation from Kymdan Amer-ica, Inc.

Mattresses

“KD KYMDAN SINCE 1954 (STYLIZED)”

US TM REG. NO. 4,658,540 CBP RECORDATION. NO. TMK 19–00410

“KD SINCE 1954 KYMDAN 100% NATU-RAL LATEX MATTRESSES INTERNA-TIONAL QUALITY YOUR COMFORT IS

OUR BUSINESS & DESIGN”

US TM REG. NO. 4,662,195 CBP RECORDATION NO. TMK 19–00411

CBP publications and fact sheets

During the period of coverage of this Update, CBP issued the following new or

revised publications and fact sheets:

What you need to know before importing Biological Materials into the United States

Revocations or modifications of CBP rulings

See separate section below.

CBP announces Chicago Trade Symposium

On June 7, 2019, US Customs and Border Protection announced the 2019 Trade

Symposium will be held July 23-24 in Chicago, IL. Registration opened on Thurs-

day, June 13. If you have any questions, please contact

tradeevents@cbp.dhs.gov.

CBP issues instructions for 4th group of Sec. 301 exclusions

On May 14, 2019, CBP issued CSMS # 19-000244, which contains instructions

for filing entries subject to the fourth group of product exclusions from Sec. 301

tariffs. It is reproduced below:

BACKGROUND:

On May 14, 2019, the U.S. Trade Representative published Federal Register Notice 84 FR 21389 announcing the decision to grant the fourth round of certain exclusion requests from the 25 percent duty assessed under the Section 301 investigation re-

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lated to goods from China (Tranche 1). The product exclusions announced in this no-tice will apply as of the July 6, 2018 effective date and will extend for one year after the publication of this notice.

The exclusions are available for any product that meets the description in the Annex to Federal Register Notice 84 FR 21389, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit headings and product descriptions in the Annex, and not by the product descriptions set out in any particular request for exclusion.

The functionality for the acceptance of the third round of products excluded from Sec-tion 301 duties is available in the Automated Commercial Environment (ACE) as of May 14, 2019.

INSTRUCTIONS FOR FILING ENTRIES SUBJECT TO PRODUCT EXCLUSIONS:

Instructions on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures in Federal Register Notice 84 FR 21389 are as follows:

In addition to reporting the regular Chapters 84, 85 & 90 classification of the Harmo-nized Tariff Schedule of the United States (HTSUS) for the imported merchandise, importers shall report the HTSUS classification 9903.88.08 (Articles the product of China, as provided for in U.S. note 20(k) to this subchapter, each covered by an ex-clusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.

Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.08 is submitted.

ADDITIONAL INFORMATION:

Duty exclusions granted by the USTR are retroactive on imports to the initial effective date of July 6, 2018. To request an administrative refund for previous imports of duty-excluded products granted by the USTR, importers may follow the same entry filing instructions as above to file a Post Summary Correction (PSC) on unliquidated entry summaries. If an entry summary liquidates prior to the filling of a PSC, importers may file a protest.

Reminder: When submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, please refer to CSMS 18-000657 (Entry Summary Order of Reporting for Multiple HTS in ACE).

Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the 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 more information, please refer to the May 14, 2019 Federal Register notice.

Questions from the importing community concerning ACE entry rejections involving product exclusion numbers should be referred to their CBP Client Representative. Questions related to Section 301 entry filing requirements should be emailed to Traderemedy@cbp.dhs.gov.

CBP issues updated instructions for Sec. 301 (Tranche 3) entries

On June 10, 2019, CBP issued CSMS #19-000296, updating instructions for en-

tries of merchandise from China subject to List 3 (Tranche 3) of the Sec. 301 tar-

iffs. The pertinent portion of the CSMS, is reproduced below:

GUIDANCE:

The increase in additional import duties for Chinese goods covered by the September 21, 2018 Federal Register notice, as amended, was effective on May 10, 2019. This duty increase was originally effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 10, 2019, and exported to the United States on or after May 10, 2019.

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An implementing notice published on May 15, 2019 (May 15 Notice), provided that products of China that are covered by the September 2018 action and that were ex-ported to the United States prior to May 10, 2019, are not subject to the additional duty of 25 percent, as long as these products are entered into the United States prior to June 1, 2019.

The June 10, 2019 Federal Register notice extends the June 1, 2019 date to June 15, 2019.

For subject goods:

(1) exported to the United States on or after May 10, 2019, entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 10, 2019; or

(2) regardless of date of export, entered for consumption on or after 12:01 a.m. east-ern daylight time on June 15, 2019; report the following HTS numbers and duty rates:

HTS: 9903.88.03 and 9903.88.04

Duty Rate: 25 percent

For subject goods exported to the United States before May 10, 2019; imported di-rectly to the United States; entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 10, 2019, and en-tered for consumption, or withdrawn from warehouse for consumption, before June 15, 2019; report the following HTS numbers and duty rates:

HTS: 9903.88.09

Duty Rate: 10 percent

Questions related to Section 301 entry filing requirements should be emailed to Traderemedy@cbp.dhs.gov.

CSMS #19-000296 (and the earlier CSMS #19-000238 and CSMS #19-000244)

updated the instructions in CSMS #19-000236 (May 9, 2019) which had said that

CBP was working with USTR on additional guidance on the entry filing require-

ments for imports of goods exported to the United States before May 10, 2019

(which would still be subject to the 10% rate) and suggested that in the mean-

time, importers can pay the 25 percent duty and file a Post Summary Correction

when filing instructions were available for the 10 percent duty. Alternatively, im-

porters can delay filing their entry summary within the standard ten-day entry

summary filing period until additional filing instructions were available for the 10

percent duty. The updated CSMS# 19-000238 eliminated the need for paying the

25% duty or delaying entry summary filing when HTS subheading 9903.88.09 is

used.

CSMS messages

The following CBP Cargo Systems Messaging Service (CSMS) notices were is-

sued during the period covered by this Update. ACE outages or delays which

have already occurred and problems which have been resolved are not included

below.

Date CSMS# Title

05-02-19 19-000229 FDA End-dating a CDRH Product Codes

05-06-19

19-000231 Initiation of ADCVD Investigations: Ceramic Tile from the Peo-ple’s Republic of China

19-000232 Update to the Document Image System (DIS) implementation guide

05-08-19 19-000233 Updated Collections Draft CATAIR Chapter Posted: PF Daily Statement

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Date CSMS# Title

19-000234 FDA ITACS Planned Maintenance Tonight, Wed. 5/8/19 and Sat. 5/11/19

19-000235 New June 2019 ACE Deployment Dates and Updated Dev/Dep Schedule

05-09-19

19-000236 Update-Change in Effective Date of Duty Increase of Section 301 (Tranche 3) Duties

19-000237 ACE ES CERTIFICATION deployment, this morning, May 9, 2019

05-10-19

19-000238 Update- Section 301 (Tranche 3) Duties as of May 10, 2019

19-000240 Remodeled PGA Message Set Universe to be Available in ACE Reports on May 16, 2019

05-13-19 19-000241 Harmonized System Update (HSU) 1907 created on May 10,2019

05-14-19

19-000242 Air Cargo Advanced Screening (ACAS) Informed Compliance Pe-riod Ending

19-000244 Submitting Imports of Fourth Group of Products Excluded from Section 301 Duties

05-15-19 19-000245 Clarification: Definition of Protestant Type in the ACE Protest Module

05-16-19

19-000247 Initiation of AD/CVD Investigation: Dried Tart Cherries from the Republic of Turkey

19-000248 Consolidated Express Filings Information Notice – Deployment on June 15, 2019

19-000249 Consolidated Express Filings (CEF) capability now in ACE CER-TIFICATION

05-17-19 19-000250 Reminder: Recorded ACE Reports Webinar Now Available on CBP.gov - https://www.cbp.gov/trade/ace/upcoming-ace-out-reach-events-trade

05-19-19 19-000252 Update: Termination of Section 232 Duty For Steel and Aluminum Products of Canada and MX

05-20-19

19-000253 Trade Policy Update Reminder: Accelerated Payment for Substi-tution TFTEA Drawback Claims

19-000254 Trade Policy Update: Drawback Rules Updated

19-000255 Correction: Trade Policy Update: Drawback Rules Updated

19-000256 FDA New CFSAN Product Codes

19-000257 Update: Decrease in Duty on Imports of Steel Under Section 232 (Republic of Turkey)

05-21-19 19-000258 Harmonized System Update (HSU) 1908 created on May 20, 2019

05-22-19 19-000260 Section 301 Products Excluded from Duties - Liquidation Exten-sion Request

05-23-19 19-000261 Validation of AES Commodity Filing Response Messages 007 and 227

05-24-19 19-000262 Turkey Designation as a Developing Country in WTO GSP Under Section 201 is Removed

05-28-19 19-000264 Harmonized System Update (HSU) 1909 created on May 22, 2019 [includes changes made by Proclamation 9887]

05-29-19 19-000266 Announcing ACE Reports Virtual Office Hours Sessions

19-000267 ACE PRODUCTION Deployment, Thurs 5/30/2019 @0500ET

05-30-19

19-000268 NCSD Commodity Webinar Series 2019 [2019NCSDWebi-narSchedule.pdf]

19-000269 Updated Drawback Error Dictionary posted on CBP.GOV

19-000270 Initiation of AD/CVD Duty Investigations: Quartz Surface Prod-ucts from India & Turkey

19-000271 Update Section 232 Canada and Mexico Foreign Trade Zone Guidance

05-31-19 19-000273 ACE Reports Updates

19-000274 Update: Section 301 (Tranche 3) Duties as of June 1, 2019

06-03-19 19-000275 Removal of India from GSP; Addition of India to Sec 201; Guid-ance Effective June 5, 2019

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Date CSMS# Title

06-04-19

19-000276 Harmonized System Update (HSU) 1910 created on June 3, 2019

19-000277 List of new proposed duty-free “X” UOQ replacement quantities is now available on CBP.gov

06-06-19

19-000278 Power outage impacted ACE between 11:30 PM to 1:45 AM

19-000279 ACE Manifest Issue

19-000280 ACE System Availability Issue

19-000281 Updated ACE Cargo Release Status Notification

19-000282 ACE System Availability Update

19-000283 Passenger Vessel Services Act Penalties

19-000284 ACE Fully Restored

19-000286 ACE Restored - Clarification to #19-000284 for Ocean Filers

19-000287 FDA End-dating a CDRH Product Code and New CDER Product Codes

19-000288 ACS Clean Up Activity as a Result of the Power Outage

06-07-19

19-000289 Guidance: Fifth Round of Products Excluded from Section 301 Duties (Tranche 1)

19-000290 New ACE Deployment Date for Consolidated Express Filings – July 27, 2019

19-000291 Updated PGA Message Set Documents Posted to CBP.gov

19-000292 ACE Cargo Release SO Status Notification Guide Updated

19-000293 Additional Day of Payment Granted for June 6, 2019

19-000294 CBP 2019 Trade Symposium Registration Coming Soon

06-10-19 19-000296 Update: Section 301 (Tranche 3) Duties:Extension to June 15, 2019

06-11-19

19-000297 ACE Production Deployment, Thursday 6/11/19 @5:00 AM

19-000299 Delays Processing FDA Entries

19-000300 Resolved Delay Processing FDA Entries

06-12-19 19-000301 ACE Collections and Upcoming Webinar on Distilled Wine & Spir-its Deferred Tax Process

06-13-19

19-000303 NMFS Update: Newly Designated Officials by the Government of Mexico

19-000304 FDA ITACS Planned Maintenance Friday, 06/14/2019 11pm-2am Saturday, 6/15/2019

19-000305 2019 Trade Symposium Registration is OPEN!

19-000306 Harmonized System Update (HSU) 1911 created on June 11, 2019

FOREIGN TRADE ZONES

FTZB to accept only electronic applications

On May 6, 2019, the Foreign-Trade Zones Board published in the Federal Regis-

ter a document stating that, pursuant to 15 C.F.R. 400.21(i), applications to the

Foreign-Trade Zones Board henceforth should be submitted solely in electronic

form via e-mail to ftz@trade.gov. The change is being undertaken to reduce the

burden on applicants and to facilitate a full transition to an electronic application

process.

FTZB Federal Register notices

The following documents were published in the Federal Register by the Foreign-

Trade Zones (FTZ) Board:

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F.R. Date Document

05-03-19

FTZ 38 – Spartanburg County, South Carolina; Notification of Proposed Pro-duction Activity; Michelin North America, Inc. (Tire Assemblies, Wheel Assem-blies, Tire Pressure Monitor Systems), Woodruff and Laurens, South Carolina [B-28-2019]

05-06-19

FTZ 186 – Waterville, Maine; Application for Subzone; Maine Coast Shellfish LLC, Waterville, Maine [S-79-2019]

Electronic Submission of Applications (N) [see above]

05-08-19

FTZ 20 – Norfolk, Virginia; Notification of Proposed Production Activity; STIHL, Incorporated (Outdoor Power Equipment) Virginia Beach, Virginia [B-30-2019]

FTZ 134 – Chattanooga, Tennessee; Application for Production Authority; Wacker Polysilicon North America, LLC (Polysilicon) Charleston, Tennessee [B-31-2019]

FTZ 84 – Harris County, Texas; Notification of Proposed Production Activity; Coreworks, LLC (Brazed Aluminum Heat Exchangers and Cryogenic Equip-ment) Katy, Texas [B-32-2019]

FTZ 29 – Louisville, Kentucky; Notification of Proposed Production Activity; Hi-tachi Automotive Systems Americas, Inc. (Automotive Components) Harrods-burg and Berea, Kentucky [B-33-2019]

05-13-19 FTZ 70—Detroit, Michigan, Authorization of Production Activity, Fluid Equip-ment Development Company, LLC (Energy Recovery Turbines and Centrifugal Pumps), Monroe, Michigan [B–76–2018]

05-14-19

FTZ 186 – Waterville, Maine; Application for Expansion of Subzone; Flemish Master Weavers, Sanford, Maine [S-83-2019]

FTZ 294 – Western Kentucky; Application for Expansion of Subzone; Mayfield Consumer Products, Mayfield, Kentucky [S-82-2019]

FTZ 185 – Front Royal, Virginia Notification of Proposed Production Activity Merck & Co., Inc. (Pharmaceuticals) Elkton, Virginia [B-35-2019]

FTZ 18 – San Jose, California; Notification of Proposed Production Activity; Lam Research Corporation (Wafer Fabrication Equipment, Subassemblies and Related Parts), Fremont, Livermore and Newark, California [B-29-2019]

FTZ 29 – Louisville, Kentucky; Notification of Proposed Production Activity; LLFlex, LLC (Aluminum and Steel Cable Wraps), Louisville, Kentucky [B-34-2019]

05-17-19

Application for Subzone: FTZ 167—Brown County, Wisconsin, ProAmpac Holdings, Inc., Neenah and Appleton, Wisconsin [S–87–2019]

FTZ 99— Wilmington, Delaware, Authorization of Production Activity, Bloom Energy Corporation (Commercial Fuel Cells and Related Subassemblies), Newark, Delaware [B-78-2018]

05-23-19

FTZ 168—Dallas/ Fort Worth, Texas, Authorization of Production Activity, Gulf-stream Aerospace Corporation (Disassembly of Aircraft), Dallas, Texas [B–77–2018]

FTZ 7— Mayaguez, Puerto Rico, Notification of Proposed Production Activity, BristolMyers Squibb Holdings Pharma, Ltd. (Pharmaceuticals), Manati, Puerto Rico [B-36-2019]

05-28-19

Approval of Subzone Status Calsonic Kansei North America Shelbyville and Lewisburg, Tennessee [Order No. 2081]

Approval of Subzone Status United Parcel Service, Inc. Louisville, Kentucky [Order No. 2082]

05-31-19 FTZ 106 – Oklahoma City, Oklahoma Authorization of Production Activity Xerox Corporation (Polyester Latex for Printer/Copier Toner) Oklahoma City, Oklahoma [B-02-2019]

06-03-19

FTZ 230— Piedmont Triad Area, North Carolina; Notification of Proposed Pro-duction Activity; MVP International Group, Inc.; (Candles, Reed Diffusers, Wax Melts); Elkin and Boonville, North Carolina [B–37–2019]

Approval of Subzone Status; Hartland Controls, LLC; Rock Falls, Illinois [S-8-2019]

06-05-19 FTZ 193— Clearwater, Florida; Authorization of Production Activity; Catalent Pharma Solutions, LLC (Pharmaceutical Products); St. Petersburg, Florida [B–01–2019]

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F.R. Date Document

06-12-19 FTZ 68—El Paso, Texas, Authorization of Production Activity, The Woodbridge Group (Flame Laminated Textiles), El Paso, Texas [B–03–2019]

EXPORT CONTROLS AND SANCTIONS

OFAC adjusts civil monetary penalties

On June 14, 2019, the Office of Foreign Assets Control (OFAC) published in the

Federal Register a final rule to adjust certain civil monetary penalties (CMPs) for

inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990,

as amended.

OFAC currently is authorized to impose CMPs pursuant to five statutes: The

Trading With the Enemy Act (50 U.S.C. 4301–4341, at 4315) (TWEA); the Inter-

national Emergency Economic Powers Act (50 U.S.C. 1701–1706, at 1705)

(IEEPA); the Antiterrorism and Effective Death Penalty Act of 1996 (18 U.S.C.

2339B) (AEDPA); the Foreign Narcotics Kingpin Designation Act (21 U.S.C.

1901–1908, at 1906) (FNKDA); and the Clean Diamond Trade Act (19 U.S.C.

3901–3913, at 3907) (CDTA). The table below summarizes the existing and new

maximum CMP amounts.

Statute Existing maximum CMP

amount Maximum CMP amount Effective June 14, 2019

TWEA $86,976 $89,170

IEEPA 295,141 302,584

AEDPA 77,909 79,874

FNKDA 1,466,485 1,503,470

CDTA 13,333 13,669

In addition to updating these maximum CMP amounts, OFAC is also updating a

reference to one-half the IEEPA maximum CMP from $147,571 to $151,292.

Trump Administration implements new restrictions on travel to Cuba and limits types of aircraft and vessels authorized to travel to Cuba

On Tuesday, June 4, 2019, the Trump Administration announced additional

changes to its Cuba policy, further restricting group people-to-people educational

travel and limiting the types of aircraft and vessels authorized to travel to Cuba

on temporary sojourn. Tuesday’s actions are intended to prevent travel from the

United States to Cuba from enriching the Cuban military, intelligence, and secu-

rity services. These changes, which took effect on June 5, 2019, are a further

step toward implementation of the National Security Presidential Memorandum of

June 16, 2017 “Strengthening the Policy of the United States Toward Cuba” and

the Administration’s intent to restrict non-family travel to Cuba as announced by

the President on April 17, 2019. Please see our blog posts covering these prior

developments here and here.

The Office of Foreign Assets Control has amended the Cuban Assets Control

Regulations (CACR) to remove an authorization for group people-to-people edu-

cational travel. There is a limited “grandfathering” provision to authorize certain

group people-to-people educational travel that previously was authorized where

the traveler has already completed at least one travel-related transaction (such

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as purchasing a flight or reserving accommodation) prior to June 5, 2019. Certain

other categories of travel continue to be authorized under other general licenses.

In addition, on June 5, the Bureau of Industry and Security (BIS) amended Li-

cense Exception Aircraft, Vessels and Spacecraft (AVS) in the Export Admin-

istration Regulations to remove the authorization for the export or reexport to

Cuba of most non-commercial aircraft and passenger and recreational vessels

on temporary sojourn. BIS has also amended the licensing policy for exports and

reexports to Cuba of such aircraft and vessels to establish a general policy of de-

nial. This means that private and corporate aircraft, cruise ships, sailboats, fish-

ing boats, and other similar aircraft and vessels subject to US jurisdiction will now

generally be prohibited from traveling to/from Cuba.

Finally, we note that the Administration has not yet implemented the cap on re-

mittances to Cuba and the prohibition on dollar transactions involving Cuba

through third-party financial institutions (i.e., so-called “U-turn” transactions) that

were also announced on April 17. Additional changes to the CACR are therefore

likely in the near future.

The above article was authored by Alison J. Stafford Powell, Lise S. Test and

Daniel Andreeff.

US Government tightens export requirements for Venezuela

On May 24, 2019, the US Commerce Department’s Bureau of Industry and Secu-

rity (BIS) issued a final rule amending the Export Administration Regulations

(EAR) to (i) remove Venezuela from Country Group B, which affords favorable

treatment for certain exports of national security-controlled items, and (ii) add

Venezuela to Country Group D:1, which includes countries of national security

concern, and to Country Groups D:2, D:3, and D:4, which include countries of nu-

clear, chemical and biological weapons, and missile technology concern, respec-

tively. BIS also made other conforming changes to the EAR, including adding (i)

nonproliferation column 2 (NP 2) and (ii) chemical and biological weapons col-

umn 3 (CB 3) reasons for control for Venezuela. Venezuela had previously been

part of Country Group D:5 as a US arms embargoed country, meaning that ex-

ports and reexports to Venezuela for items classified under 9×515 and “600 se-

ries” ECCNs were already subject to a policy of denial, and Venezuela has been

included in the military end-use and end-user control in Section 744.21 of the

EAR. BIS noted that the final rule better protects US national security and better

aligns the Country Group designations for Venezuela with other EAR national se-

curity-related provisions that already apply to Venezuela.

Below we highlight some of the major changes which result from (i) the removal

of Venezuela from Country Group B and (ii) the addition of Venezuela to Country

Groups D:1, D:2, D:3, and D:4. This list is not exhaustive.

License applications for the export and reexport of national security-controlled items to Venezuela will be reviewed on a case-by-case basis, which means BIS will determine, on a case-by-case basis, whether or not items are for civilian use or otherwise would not make a significant contribution to the military potential of Venezuela that would prove detrimental to the national security of the United States;

Exports and reexports to Venezuela and transfers (in-country) in Venezuela will now be ineligible for license exceptions LVS, GBS, and TSR;

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The use of license exceptions TMP, RPL, GFT, BAG, AVS, APR, and ENC are subject to certain limitations and restrictions for destinations in Country Groups D:1, D:2, D:3, and/or D:4, and those limitations and restrictions will now apply to the use of such license exceptions to Venezuela;

Certain exports, reexports, and transfers (in-country) of microprocessors and as-sociated software and technology for military end uses and to military end users in Venezuela will now be restricted; and

Certain reexports of foreign-produced direct products of US-origin technology and software to Venezuela will now be restricted pursuant to Section 736.2.(b)(3) of the EAR, General Prohibition Three.

Any shipments that were “on dock for loading, on lighter, laden aboard an export-

ing carrier, or en-route aboard a carrier to a port of export, on or before May 24,

2019, pursuant to actual orders for exports, reexports, and transfers (incountry)”

may proceed under the previous license exception eligibility or without a license

so long as they have been exported, reexported, or transferred (in-country) be-

fore June 24, 2019. Any such items not actually exported, reexported, or trans-

ferred (in-country) before midnight, on June 24, 2019, require a license in accord-

ance with the final rule.

Parties that export or reexport to Venezuela or transfer (in-country) in Venezuela

should make sure their understanding of EAR requirements are current in light of

the developments discussed herein. For further recent developments related to

Venezuela, please see our blog posts here and here.

Authors: Terence Gilroy, Eunkyung Kim Shin and Andrea Tovar

BIS implements certain new controls on emerging technologies agreed to at Wassenaar 2018 Plenary

On May 23, 2019, the Bureau of Industry and Security (BIS) published in the

Federal Register a final rule [Docket No. 181129999–8999–01], which revises

the Commerce Control List (CCL) to implement certain changes made to the

Wassenaar Arrangement List of Dual-Use Goods and Technologies maintained

and agreed to by governments participating in the Wassenaar Arrangement on

Export Controls for Conventional Arms and Dual-Use Goods and Technologies

(Wassenaar Arrangement, or WA) at the December 2018 WA Plenary meeting.

The WA advocates implementation of effective export controls on strategic items

with the objective of improving regional and international security and stability.

This rule harmonizes the CCL with only the agreements on recently developed or

developing technologies not previously controlled that are essential to the na-

tional security of the United States and warrant early implementation. The re-

maining agreements will be implemented in a separate rule.

The final rule Revises four ECCNs: 3A001 (Electronic Items), 5A002 (‘Infor-

mation Security), 6A001 (Acoustic Systems, Equipment and “Components”) and

9A004 (Space Launch Vehicles and “Spacecraft”, “Spacecraft Buses”, “Space-

craft Payloads”, “Spacecraft” On-Board Systems or Equipment, and Terrestrial

Equipment) and adds ECCN: 3D005 (Continuity of Operation Software).

US Government issues 90-Day Temporary General License author-izing certain transactions with Huawei and its affiliates

Effective May 20, 2019, the US Commerce Department’s Bureau of Industry and

Security (BIS) issued a final rule creating a 90-day Temporary General Li-

cense (TGL) authorizing certain transactions involving the export, reexport, and

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transfer of items subject to the Export Administration Regulations (EAR) to Chi-

nese-headquartered Huawei Technologies Co. Ltd. (“Huawei”) and its sixty-eight

non-US affiliates, which were added to the BIS Entity List effective May 16, 2019

(the “Entity List designation”). The TGL will be effective through August 19,

2019. Please see our prior blog post here for more information on the Entity List

designation.

The Entity List designation prohibits both US and non-US companies, wherever

located, from exporting, reexporting, or transferring (in country) any commodity,

software, or technology (“items”) subject to the EAR to the sixty-nine designated

Huawei entities unless authorized by a BIS license. License applications for

such transactions are subject to a presumption of denial, and no EAR license ex-

ceptions are currently available for exports/reexports/transfers of items subject to

the EAR to the designated Huawei entities.

The TGL mitigates the impact of the Entity List designation by partially restoring

to the EAR licensing requirements for transactions with Huawei and its desig-

nated affiliates that were in place prior to the Entity List designation. In other

words, the TGL is not a blanket authorization. Rather, certain transactions with

Huawei and its designated affiliates are subject to pre-designation, pre-May 16

controls under the EAR, e.g., licensing requirements to the country of destination.

The following transactions are covered by the TGL:

Transactions subject to legally binding contracts and agreements executed on or before May 16, 2019, between Huawei and third parties, or designated affiliates of Huawei and third parties, that are necessary to maintain and support Huawei’s existing and currently fully operational networks and equipment, including soft-ware updates and patches;

Transactions necessary to provide service and support, including software up-dates or patches, to existing Huawei handsets that were available to the public on or before May 16, 2019;

Disclosure to Huawei and/or its designated affiliates of information regarding se-curity vulnerabilities in items owned, possessed, or controlled by Huawei or any of its designated affiliates when related to the process of providing ongoing secu-rity research critical to maintaining the integrity and reliability of existing and cur-rently fully operational networks and equipment, as well as handsets; and

Engagement with Huawei and/or its designated affiliates as necessary for the de-velopment of 5G standards as part of a duly recognized international standards body.

Prior to engaging in any authorized transactions described above, the exporter,

reexporter, or transferor is required to make a certification statement specifying

how the transaction meets the scope of the TGL. The exporter, reexporter, or

transferor that drafted the statement is responsible for retaining the certification

statement for recordkeeping purposes.

BIS has indicated that it will be issuing FAQs on the Entity List designation and

the TGL in the coming days.

If you have any questions, please contact the authors, Nicholas F. Coward, Janet

K. Kim, Inessa Owens and Callie Lefevre, or any member of the US Outbound

Trade group with whom you normally work.

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US Government imposes comprehensive restrictions on ex-ports/reexports to Huawei and its affiliates and issues Executive Or-der to secure information and communications technology and ser-vices in the United States

The US Government has taken coordinated actions this week that target Huawei

Technologies Co. Ltd (“Huawei”), effectively cutting it off from sourcing US prod-

ucts and technology and likely barring its products from being used in US com-

munications infrastructure and networks. The US export/reexport restrictions tar-

geting Huawei took effect immediately on May 16, 2019. The expected prohibi-

tion on the use of Huawei products in US communications infrastructure is likely

to take several months to implement.

Immediate Addition of Huawei and its Affiliates to the Entity List

On May 16, 2019, the US Commerce Department’s Bureau of Industry and Secu-

rity (BI”) issued a final rule (Final Rule) adding, with immediate effect, Huawei

and 68 of its affiliates (collectively “Huawei EL Entities”) located in 26 countries to

the Entity List (EL). As a result of the EL designation, no supplier — US or non-

US, wherever located — may export, reexport, or transfer (in country) any com-

modity, software, or technology (“items”) subject to the Export Administration

Regulations (“items subject to the EAR”) to the Huawei EL Entities unless author-

ized by a BIS license. The Final Rule (as well as BIS’s press release issued on

May 15), indicates that BIS’s decision to add Huawei to the EL was informed in

part by allegations set out in the Department of Justice’s superseding indict-

ment of Huawei on January 28, 2019, including alleged violations of US sanc-

tions and obstruction of justice.

As noted above, the Final Rule became effective on May 16, 2019, its date of

display on the Federal Register‘s Public Inspection List, prior to when the rule is

published in the Federal Register on May 21, 2019. This is an unusual approach

in that EL designations typically take effect upon publication in the Federal Regis-

ter. The Final Rule provides that shipments en route abroad a carrier to a port of

export or reexport, pursuant to actual orders, as of May 16, 2019 are not affected

by these new EL restrictions.

The EL identifies parties (e.g., businesses, research institutes, private and public

organizations), that the US Government has found act contrary to US national

security or foreign policy interests. Though licensing requirements and review

policies can vary for EL parties, BIS is requiring export licenses for all ex-

ports/reexports/transfers to the Huawei EL Entities of items subject to the

EAR. BIS will review license applications with a presumption of denial. In addi-

tion, no EAR license exceptions may be used for exports/reexports/transfers of

items subject to the EAR to the Huawei EL Entities. Entity List restrictions do not

apply to owned/controlled subsidiaries of EL parties, provided such undesignated

subsidiaries are not acting as agents, a front, or shell company of an EL party

(see BIS FAQs).

The EL restrictions apply to items subject to the EAR destined for Huawei EL En-

tities even if such items are not normally controlled to the destination countries

(e.g., items classified as EAR99). An item is subject to the EAR if it is (i) physi-

cally located in the United States, (ii) of US origin, wherever located, (iii) manu-

factured outside the United States but incorporating more than de minimis levels

of controlled US content (which is more than 25% for most countries including

China, and more than 10% for sanctioned territories such as Iran), and (iv), in

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some circumstances, foreign direct product of certain national security controlled

US technology or software.

In sum, the EL designation impacts Huawei’s supplier relationships in and out-

side the United States. Both US and non-US suppliers, wherever located, are

prohibited from exporting/reexporting/transferring items subject to the EAR to the

Huawei EL Entities without the required BIS license. Given the licensing policy of

denial, the likelihood of obtaining a BIS license is low. Companies that are part

of Huawei’s supply chain should immediately implement requisite internal con-

trols to avoid running afoul of the EL restrictions. Violations of BIS licensing re-

quirements stemming from the EL designation are subject to steep civil penalties

applied on a strict liability basis, as well as criminal enforcement.

Finally, unlike designation as a Specially Designated National, EL restrictions

are not a comprehensive ban on dealings with the designated parties. US and

non-US parties may continue to conduct transactions with the Huawei EL Entities

without the need for a BIS license so long as such transactions do not involve

items subject to the EAR.

Future Measures to Secure US Communications Infrastructure

On May 15, 2019, the Trump Administration also issued Executive Order 13873

on “Securing the Information and Communications Technology and Services

Supply Chain” (“Communications EO“). An accompanying message to Con-

gress from the White House explains that the Communications EO is meant to

prohibit certain transactions involving information and communications technol-

ogy where the Secretary of Commerce has determined that:

The transaction involves information and communications technology or services designed, developed, manufactured, or supplied by persons owned/controlled by, or subject to the jurisdiction or direction of a foreign adversary; and

The transaction:

poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or mainte-nance of information and communications technology or services in the United States;

poses an undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the digital economy of the United States; or

otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.

The Communications EO outlines several ways in which it may be implemented

through rules and regulations, including but not limited to (i) identifying persons

owned/controlled by foreign adversaries, (ii) identifying technologies or countries

with respect to which transactions warrant particular scrutiny, (iii) establishing

procedures to license transactions otherwise prohibited, and (iv) identifying a

mechanism and relevant factors for negotiation of agreements that may mitigate

concerns identified in the Communications EO. The Secretary of Commerce is

required to publish rules or regulations implementing the Communications EO

within 150 days of its issuance (i.e., by October 12, 2019). It is expected that,

once implemented, the Communications EO will bar Huawei products from being

used in US communications infrastructure and networks.

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The above article was authored by Sylwia A. Lis, Paul E. Amberg, Alexandre

(Alex) Lamy and Meghan Hamilton.

BIS revises Entity List

On May 14, 2019, the Bureau of Industry and Security (BIS) published in the

Federal Register a final rule [Docket No. 181219999-8999-01] that amends the

Export Administration Regulations (EAR) by adding twelve entities, under a total

of sixteen entries, to the Entity List. These twelve entities have been determined

by the US Government to be acting contrary to the national security or foreign

policy interests of the United States and will be listed on the Entity List under the

destinations of China, Hong Kong, Pakistan and the United Arab Emirates. The

rule also modifies one existing entry on the Entity List under the destination of the

United Arab Emirates. Finally, the rule removes one entity under the destination

of the United Arab Emirates. The removal is made in connection with a request

for removal that BIS received pursuant to sections of the EAR used for request-

ing removal or modification of an Entity List entry and a review of information pro-

vided in that request.

OFAC publishes “A Framework for Compliance Commitments”

On May 2, 2019, the US Office of Foreign Assets Control (OFAC) published A

Framework for OFAC Compliance Commitments (the “Framework”). This long-

awaited document sets out OFAC’s expectations for effective sanctions compli-

ance programs (SCPs). While the broad elements of the Framework should be

familiar to seasoned compliance practitioners, the details highlight the specific

significance that OFAC attaches to SCPs in resolving enforcement actions. In-

deed, we are already seeing OFAC settlements conditioned on compliance en-

hancements reflected in the Framework.

Key points include the need for SCPs to be risk-based and continually evolving,

the importance of root cause analysis upon identification of potential violations,

and details on the metrics that OFAC will apply in assessing the adequacy of a

company’s remedial response to violations.

OFAC pointedly directs its guidance not only to persons subject to US jurisdic-

tion, but also to foreign entities that conduct business in or with the United

States, with US persons, or involving US-origin goods or services. All companies

should therefore look to the Framework as a useful checklist when designing, im-

plementing and updating SCPs in general and, in particular, when remediating

identified compliance weaknesses.

Role of an SCP in OFAC Enforcement Actions

The Framework states that, consistent with OFAC’s Economic Sanctions En-

forcement Guidelines(the “Guidelines”), it will consider favorably the existence of

effective SCPs in any enforcement proceeding under the General Factors out-

lined in the Guidelines, which are factors considered by OFAC when determining

the appropriate resolution of an OFAC enforcement investigation. Parties whose

SCPs are predicated on the five essential compliance components described in

the Framework will benefit not only from General Factor E (compliance program),

but also General Factor F (remedial response), if the SCP results in remedial

steps being taken in response to the violations. OFAC will also consider the ex-

istence of an effective SCP as a factor in its analysis as to whether a particular

violation is “egregious.” Finally, OFAC indicates that in cases where monetary

penalties are imposed, it will make a determination as to which elements should

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be incorporated into the subject person’s SCP as part of any settlement agree-

ment with OFAC.

OFAC’s Five Essential Components of Compliance

The Framework identifies and describes “five essential components of compli-

ance”:

Management Commitment: OFAC stresses the importance of a top-to-bottom approach to sanctions compliance in order to create a “culture of compliance”. Involvement by senior management, including senior leadership, executives, and/or the board of directors, is critical, as is the allocation of “adequate re-sources” to the organization’s compliance department. OFAC indicates it will measure these efforts according to a number of criteria, including the appoint-ment of a dedicated OFAC sanctions compliance officer, the quality and experi-ence of the personnel dedicated to implementing the SCP, and the existence of sufficient control functions to support the SCP.

Risk Assessment: OFAC advises companies to take a risk-based approach to designing and updating their SCPs. Companies should conduct a risk assess-ment to identify potential OFAC compliance issues in the organization. The SCP should then be tailored to address the issues identified. The Framework refers to OFAC’s Risk Matrix found in the Annex of Appendix A of the Guidelines as a tool for companies to use in evaluating their compliance programs. Due diligence of a particular customer, client relationship, or transaction should be informed by the risk assessment, including on-boarding of new clients or customers and in mergers and acquisitions. OFAC notes that mergers and acquisitions, in particu-lar, “have presented numerous challenges with respect to OFAC sanctions” in re-cent years.

Internal controls: An effective SCP should include “internal controls,” including policies and procedures, in order to identify, interdict, escalate, report, and keep records related to OFAC sanctions. These internal controls should be tailored to adequately address a company’s sanctions risks, as identified in a risk assess-ment.

Testing and Auditing: Independent testing and auditing is critical to assess the

effectiveness of a company’s SCP to identify program weaknesses and deficien-cies. OFAC emphasizes that it is the organization’s responsibility to update and enhance its SCP, including all compliance-related software, systems, and other technology. Testing and auditing should focus on a specific element of the SCP or at the enterprise-wide level.

Training: Finally, OFAC describes its expectations with respect to sanctions-spe-cific training, which OFAC expects organizations to conduct periodically for all appropriate personnel, and at a minimum annually.

While this Framework is new for OFAC, its approach follows many themes that

will be familiar to practitioners in other compliance areas. The US Department of

Justice (DOJ) has for some time sought to set expectations with respect to cor-

porate compliance and how compliance programs are evaluated in the context of

corporate criminal enforcement. DOJ updated its own Guidance on Evaluating

Corporate Compliance Programs just two days before OFAC published its

Framework (for our analysis on the latest DOJ Guidance see here). In addition,

DOJ and the Securities and Exchange Commission have jointly discussed “10

hallmarks” of effective anti-corruption compliance in their 2012 joint Resource

Guide to the FCPA, and the US Sentencing Guidelines (at §8B2.1) considers “7

Elements of an Effective Compliance Program” relevant to the sentencing of or-

ganizations in corporate compliance matters.

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We have previously distilled these various expectations into “Five Essential Ele-

ments of Corporate Compliance” designed to meet enforcement and regulatory

expectations as to corporate compliance in the US and around the world. These

Essential Elements are i) leadership, ii) risk assessment, iii) standards and con-

trols, iv) training & communication, and v) oversight (monitoring auditing and re-

sponse), and align closely with OFAC’s “Five Essential Compliance Compo-

nents”. Companies that already organize their broader compliance program

around these essential elements should be well placed to meet OFAC’s expecta-

tions by leveraging that existing infrastructure.

Root Causes of OFAC Sanctions Compliance Program Breakdowns and Defi-

ciencies

Appendix A of the Framework describes several “non-exhaustive” root causes of

sanctions compliance program breakdowns and deficiencies that OFAC has

identified based on previous enforcement actions. OFAC explains that it is

providing this information to assist companies in designing, updating and amend-

ing their SCPs.

Lack of a formal SCP. OFAC notes that the lack of a formal SCP is an aggravat-ing factor under its Guidelines.

Misinterpreting or failing to understand the applicability of OFAC’s regulations. OFAC explains that several organizations have failed to appreciate or consider the fact that OFAC sanctions may apply to them jurisdictionally. It notes, how-ever, that its enforcement actions have typically identified other aggravating fac-tors with regard to this specific root cause, such as reckless conduct and the size and sophistication of the company.

Facilitating transactions by non-US persons (including through or by overseas subsidiaries or affiliates). OFAC cautions companies with integrated operations (e.g., non-US affiliates of US companies requiring input from their US headquar-ters) to ensure that any activities they engage in (e.g., approvals, contracts, pro-curement, etc.) are compliant with OFAC sanctions.

Exporting or re-exporting US-origin goods, technology or services to OFAC sanc-tioned persons or countries. OFAC notes that its enforcement activity in this area has generally been focused on companies or corporations that are large or so-phisticated, engaged in a pattern or practice that lasted multiple years, ignored or failed to respond to numerous warning signs, used non-routine business prac-tices, or concealed their activity in a willful or reckless manner.

Utilizing the US financial system, or processing payments to or through US finan-cial institutions, for commercial transactions involving OFAC sanctioned persons or countries. OFAC has generally focused its enforcement activity in this area on parties who have engaged in willful or reckless conduct, attempted to conceal their activity, engaged in a pattern or practice that lasted for months or years, ig-nored or failed to consider numerous warning signs that the conduct was prohib-ited, or involved actual knowledge or involvement by company management, causing significant harm to US sanctions program objectives, and that were large or sophisticated organizations.

Sanctions screening software or filter faults. OFAC explains that this issue often arises when organizations fail to adequately update their sanctions screening tools, fail to include pertinent identifiers in conducting the screening (e.g., SWIFT Business Identifier Codes), or do not account for alternative spellings of restricted parties (e.g., Habana instead of Havana).

Improper due diligence on customers/clients (e.g. ownership, business dealings, etc.). OFAC cautions that a number of its enforcement actions have involved im-

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proper or incomplete due diligence by companies, such as with respect to owner-ship, geographic location, counter parties, transactions, and knowledge/aware-ness of OFAC sanctions.

Decentralized compliance functions and inconsistent application of a sanctions compliance program. Another recurrent root cause cited is a decentralized com-pliance function, with personnel and decision-makers scattered in various busi-ness units and offices. OFAC explains that this type of arrangement can result in improper interpretation and application of OFAC regulations, a lack of escalation process, an incapable oversight or audit function, or miscommunications regard-ing the company’s SCP.

Utilizing non-standard payment or commercial practices. OFAC explains that this issue arises most often when organizations attempt to evade or circumvent OFAC sanctions or conceal their activity.

Individual liability. Individual employees can play integral roles in causing or facili-tating violations of OFAC sanctions. OFAC cautions that in such circumstances it will consider enforcement activity against not only the organization, but against the individuals as well.

US and non-US companies are strongly encouraged to look to the details of the

Framework as a helpful roadmap and benchmarking tool in designing, imple-

menting, updating and enhancing their SCPs to meet OFAC’s and other regula-

tor’s increased expectations.

* * *

The foregoing is intended only to provide a general summary of recent develop-

ments regarding OFAC sanctions compliance and enforcement. If you have any

questions about how this development might affect your company or if you re-

quire advice on any specific transactions or plans, please contact one of the

members of Baker McKenzie’s International Trade Practice Group.

The above article was authored by Alison J. Stafford Powell, Kerry B. Contini,

Geoff Martin, Inessa Owens and Andrea Tovar.

State issues list of countries not cooperating with antiterrorism ef-forts

On May 29, 2019, the State Department published in the Federal Register a no-

tice [Public Notice: 10781] of determination and certification of countries not co-

operating fully with United States antiterrorism efforts. The Deputy Secretary of

State has determined and certified to the Congress that the following countries

are not cooperating fully with United States antiterrorism efforts: Iran, Democratic

People’s Republic of Korea (DPRK, or North Korea), Syria, and Venezuela.

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

05-14-19 BIS: Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List, and Removal of an Entity From the Entity List [Docket No. 181219999–8999–01] (FR)

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F.R. Date Applicable orders

Correction published on 05-24-19

05-16-19 OFAC: Notice of OFAC Sanctions Actions (N) [2 individ.; 3 entities; 1 update]

05-20-19 OFAC: Notice of OFAC Sanctions Action (N) [1 individual, 1 entity]

05-21-19

BIS: Addition of Entities to the Entity List [Docket No. 190513445-9445-01] (FR) [Adds adding Huawei Technologies Co., Ltd. and 68 affiliates - Effective 05-16-19] See article above.

OFAC: Notice of OFAC Sanctions Actions [Case IDs VENEZUELA-EO13850-15916, VENEZUELA-EO13850-15920] (N) [2 entities, 2 vessels]

OFAC: Notice of OFAC Sanctions Action [Case ID VENEZUELA-16048] (N) [1 individual]

OFAC: Notice of OFAC Sanctions Actions [Case IDs VENEZUELA-EO13850-15909, VENEZUELA-EO13850-15911, VENEZUELAEO13850-15919, VENE-ZUELA-EO13850-15914] (N) [4 entities, 9 vessels]

OFAC: Notice of OFAC Sanctions Actions [Case IDs VENEZUELA- -EO13850-15912, VENEZUELA-15923] (N) [1 individual, 1 entity]

OFAC: Notice of OFAC Sanctions Actions [Case IDs VENEZUELA-15915, VENEZUELA-15974] (N)

OFAC: Notice of OFAC Sanctions [Case IDs VENEZUELA-EO13850-15818, VENEZUELA-EO13850-15819] (N) [5 entities]

OFAC: Notice of OFAC Sanctions Actions [Case IDs VENEZUELA-EO13850-15685, VENEZUELA-EO13850-15811, VENEZUELA-EO13850-15814] [added 1 indidual, 1 entity; removed 2 individuals; updated 7 entities]

05-22-19

OFAC: Notice of OFAC Sanctions Action (N) [Revised information, Effective 05-10-19]

OFAC: Notice of OFAC Sanctions Action (N) [4 individuals, 4 entities]

OFAC: Notice of OFAC Sanctions Actions (N) [7 individuals, 6 entities]

STATE: Imposition of Nonproliferation Measures Against Foreign Persons, In-cluding a Ban on US Government Procurement [Public Notice: 10773] (N) [Ef-fective May 14, 2019]

05-28-19 OFAC: Notice of OFAC Sanctions Actions (N) [2 entities, 35 vessels]

05-29-19 OFAC: Notice of OFAC Sanctions Actions (N) [ 8 individuals, 17 entities]

06-11-19 OFAC: Notice of OFAC Sanctions Actions (N) [5 individuals; 1 entity]

06-12-19

OFAC: Notice of OFAC Sanctions Actions (N) [40 entities]

STATE: Review of the Designation as a Foreign Terrorist Organization of Shining Path (and Other Aliases) [Public Notice: 10794] (N)

Treasury, Commerce, Homeland Security and State meetings and notices related to trade

AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; CITA= COMMITTEE FOR IMPLEMENTATION

OF TEXTILE AGREEMENTS; FINCEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNA-

TIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; NOAA= NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; OFAC= OFFICE OF FOREIGN

ASSETS CONTROL; DHS= HOMELAND SECURITY; STATE=DEPARTMENT OF STATE.

[Note: Only meetings which occur after scheduled distribution of this Update are listed.]

F.R. Date Subject

05-07-19

FINCEN: Information Collection Activities; Proposed Renewal; Comment Re-quest; Renewal without Change of the Requirement for Information Sharing Be-tween Government Agencies and Financial Institutions (N)

STATE: 60-Day Notice of Proposed Information Collection: Technology Secu-rity/Clearance Plans, Screening Records, and Non-Disclosure Agreements Pur-suant to 22 CFR 126.18(c)(2) [Public Notice 10756; DOS-2019-0010; OMB Con-trol No: 1405-0195] (N)

05-09-19 ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Ar-ticles of Cheese Subject to an In-Quota Rate of Duty (N)

05-13-19 STATE: 30-Day Notice of Proposed Information Collection: Request for Commod-ity Jurisdiction Determination [Public Notice 10767; OMB Control No.: 1405–0163.] (N) [Form DS–4076]

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F.R. Date Subject

05-14-19 BIS: Submission for OMB Review; Comment Request - Offsets in Military Ex-ports [OMB Control No.: 0694-0084] (N)

05-15-19

BIS: Submission for OMB Review; Comment Request - National Security and Critical Technology Assessments of the U.S. Industrial Base [OMB Control No. 0694-0119] (N)

BIS: Proposed Information Collection; Comment Request; International Import Certificate [OMB Control No.: 0694-0017] (N) [Form BIS-64SP]

05-16-19

BIS: Technical Advisory Committees; Notice of Recruitment of Members – Re-vised (N)

STATE: Determination on Imposition and Waiver of Sanctions under Sections 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 [Pub-lic Notice: 10761]

05-22-19 BIS: Regulations and Procedures Technical Advisory Committee - Notice of Par-tially Closed Meeting (N/H) [June 4, 2019]

05-23-19

ITA: Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment

STATE: Determination Under Section 7070(c)(1) of the Department of State, For-eign Operations, and Related Programs Appropriations Act, 2018 and Section 7047(c)(1) of the Department of State, Foreign Operations, and Related Pro-grams Appropriations Act, 2019 [Public Notice: 10778] (N)

05-29-19 ITA: Submission for OMB Review; Comment Request; Procedures for Importa-tion of Supplies for Use in Emergency Relief Work [OMB Control No.: 0625-0256] (N)

05-30-19 FINCEN: FinCEN's Innovation Initiative: Implementation of FinCEN Innovation Hours; Invitation to Request Innovation Hours Meeting (N)

06-03-19

BIS: Submission for OMB Review; Comment Request Simple Network Applica-tion Process and Multipurpose Application Form [OMB Control No.: 0694–0088] (N) [BIS Form 748P, 748P-A, 748P-B]

ITA: Advisory Committee on Supply Chain Competitiveness: Notice of Public Meetings (N/H) [June 19-20, 2019]

06-04-19 ITA: Meeting of the Civil Nuclear Trade Advisory Committee [June 24, 2019]

06-05-19

COMMERCE/NOAA: Proposed Information Collection; Comment Request; NMFS Implementation of International Trade Data System [OMB Control Numbers: 0648–0732; 0648–0739; 0648–0776] (N)

STATE: Cultural Property Advisory Committee; Notice of Meeting [Public Notice: 10784] (N) [July 23–24, 2019]

06-06-19 BIS: Reporting for Calendar Year 2018 on Offsets Agreements Related to Sales of Defense Articles or Defense Services to Foreign Countries or Foreign Firms [Docket No. 190509440–9440–01] (N)

06-07-19 ITA: Proposed Information Collection; Comment Request; Procedures for Con-sidering Requests and Comments From the Public for Textile and Apparel Safe-guard Actions on Imports From Oman [OMB Control Number: 0625–0266] N)

06-11-19

CITA: Submission for OMB Review; Comment Request Interim Procedures for Considering Requests under the Commercial Availability Provision of the United States—Peru Trade Promotion Agreement Implementation Act [OMB Control Number: 0625–0265] (N)

06-12-19 BIS: Submission for OMB Review; Comment Request: License Exemptions and Exclusions [OMB Control No. 0694-0137] (N)

06-13-19 ITA: Amendment to the Clean Energy and Zero Emission Vehicle Technologies Trade Mission to Mexico November 17–22, 2019 (N)

OTHER REGULATORY DOCUMENTS

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:

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F.R. Date Subject

05-13-19 FTC: Labeling and Advertising of Home Insulation: Trade Regulation Rule (FR)

05-24-19 CPSC: Virginia Graeme Baker Pool and Spa Safety Act; Incorporation by Refer-ence of Successor Standard [Docket No. CPSC-2019-0012] (FR)

05-28-19 FTC: Contact Lens Rule (Supp. N/PR/RFC)

ATF Federal Register documents

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has posted the

following information of interest to international traders :

Date Subject

05-21-19 ATF: Agency Information Collection Activities; Proposed eCollection eCom-ments Requested; Application to Register as an Importer of U.S. Munitions Im-port List Articles—(ATF Form 4587 (5330.4) [OMB Number 1140–0009] (N)

CDC temporarily suspends entry of dogs from Egypt

On May 10, 2019, the Centers for Disease Control and Prevention (CDC), De-

partment of Health and Human Services (HHS) published in the Federal Register

a notice announcing that, effective immediately, it is temporarily suspending the

importation of dogs from Egypt. This includes dogs originating in Egypt that are

imported from third-party countries if the dogs have been present in those coun-

tries for less than six months. CDC is taking this action in response to an in-

crease of imported cases of rabies in dogs from Egypt. This action is needed to

prevent the reintroduction of canine rabies virus variant (CRVV), which has been

eliminated from the United States. This suspension will remain in place until ap-

propriate veterinary controls have been established in Egypt to prevent the ex-

port of rabid dogs. CDC will coordinate with other federal agencies and entities

as necessary to implement this action.

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

05-02-19 Preparation for International Cooperation on Cosmetics Regulation Thirteenth Annual Meeting; Public Meeting [Docket No. FDA-2019-N-0001] (N/H)

05-08-19

Classification and Requirements for Laser Illuminated Projectors (Laser Notice No. 57); Guidance for Industry and Food and Drug Administration Staff; Availa-bility [Docket No. FDA-2014-D-2245] (N)

Laser Products--Conformance with IEC 60825-1 Ed. 3 and IEC 60601-2-22 Ed. 3.1 (Laser Notice No. 56); Guidance for Industry and Food and Drug Administra-tion Staff; Availability [Docket No. FDA-2017-D-7011] (N)

Medical X-Ray Imaging Devices Conformance with International Electrotech-nical Commission Standards; Guidance for Industry and Food and Drug Admin-istration Staff; Availability [Docket No. FDA-2016-D-2049] (N)

05-20-19

Statement of Organization, Functions, and Delegations of Authority

The Use of an Alternate Name for Potassium Chloride in Food Labeling; Draft Guidance for Industry; Availability [Docket No. FDA–2019–D–0892] (N)

05-21-19 Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Exports: Notification and Recordkeep-ing Requirements [Docket No. FDA–2014–N–0801] (N)

06-12-19 Premarket Tobacco Product Applications for Electronic Nicotine Delivery Sys-tems; Guidance for Industry; Availability [Docket No. FDA–2015–D–2496] (N)

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FAS releases WTO agricultural quantity-based safeguard trigger levels

On May 30, 2019, the Foreign Agricultural Service published in the Federal Reg-

ister a notice listing the updated quantity-based trigger levels for products which

may be subject to additional import duties under the safeguard provisions of the

WTO Agreement on Agriculture. This notice also includes the relevant period ap-

plicable for the trigger levels on each of the listed products.

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 documents which may be of interest to international traders.

Pest risk analyses are no longer covered. [USDA=OFFICE OF THE SECRETARY,

FAS=FOREIGN AGRICULTURAL SERVICE, AMS=AGRICULTURAL MARKETING SERVICE,

CCC=COMMODITY CREDIT CORPORATION, FSIS=FOOD SAFETY INSPECTION SER-

VICE]:

F.R. Date Subject

05-06-19 AMS: U.S. Standards for Grades of Apples [Document No. AMS-SC-18-0055, SC-18-330] (PR)

05-07-19 US CODEX OFFICE: Codex Alimentarius Commission: Meeting of the Codex Ali-mentarius Commission [June 21, 2019] (N/H)

05-09-19

APHIS: Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Pepper Fruit From Colombia Into the Continental United States [Docket No. APHIS–2018–0025] (N)

APHIS: Importation of Dianthus spp. From Kenya [Docket No. APHIS–2018–0068] (N)

APHIS: Notice of Decision To Revise Conditions Governing the Importation of Fresh Peppers From the Republic of Korea Into the Continental United States [Docket No. APHIS–2016–0094] (N)

05-28-19

CCC/FAS: Notice of Funding Opportunity: Inviting Applications for the Foreign Market Development Cooperator Program (N)

CCC/FAS: Notice of Funding Opportunity: Inviting Applications for the Market Access Program (N)

05-30-19 FAS: WTO Agricultural Quantity-Based Safeguard Trigger Levels

06-10-19 APHIS: Addition of Mongolia to the List of Regions Affected by African Swine Fever [Docket No. APHIS–2019–0016] (N)

Government procurement: DoD adopts rules on foreign commercial satellite services and certain items on the commerce control list

On May 31, 2019, the Department of Defense (DoD) published in the Federal

Register a final rule [Docket DARS-2018-0060] adopting as final, without change,

an interim rule amending the Defense Federal Acquisition Regulation Supple-

ment (DFARS) to implement sections of the National Defense Authorization Act

for Fiscal Years 2017 and 2018. One section imposes additional prohibitions with

regard to acquisition of certain foreign commercial satellite services, such as cy-

bersecurity risk and source of satellites and launch vehicles used to provide the

foreign commercial satellite services, and expands the definition of “covered for-

eign country” to include Russia. Another section prohibits purchase of items origi-

nating in the People’s Republic of China that meet the definition of goods and

services controlled as munitions items when moved to the Commerce Control

List of the Export Administration Regulations of the Department of Commerce.

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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

05-01-19

DRUG ENFORCEMENT ADMINISTRATION (DEA): Schedules of Controlled Sub-stances: Temporary Placement of N-Ethylhexedrone, α-PHP, 4-MEAP, MPHP,

PV8, and 4-Chloro-α-PVP in Schedule I [Docket No. DEA–495] (P, N)

ENVIRONMENTAL PROTECTION AGENCY (EPA): Bentazon; Pesticide Tolerances [EPA–HQ–OPP–2017–0476; FRL–9991–75] (FR)

05-02-19 ENERGY: Preliminary Analysis Regarding Energy Efficiency Improvements in the 2018 International Energy Conservation Code (IECC) [EERE–2018–BT–DET–0014] (N)

05-06-19 EPA: Petition to Modify the Tolerance and Product Labels for Glyphosate with Regard to Oats; Notice of Filing [EPA-HQ-OPP-2019-0066; FRL-9992-10] (N)

05-08-19

DEA: Schedules of Controlled Substances: Placement of beta-Hydroxythiofen-

tanyl in Schedule I [Docket No. DEA-484] (FR)

DEA: Schedules of Controlled Substances: Placement of Furanyl Fentanyl, 4- Fluoroisobutyryl Fentanyl, Acryl Fentanyl, Tetrahydrofuranyl Fentanyl, and Ocfentanil in Schedule I; Correction [Docket No. DEA-490] (FR/C)

EPA: Cyflumetofen; Pesticide Tolerances [EPA-HQ-OPP-2017-0532; FRL-9990-60] (FR)

EPA: Dinotefuran; Receipt of Application for Emergency Exemptions, Solicita-tion of Public Comment [EPA-HQ-OPP-2019-0192; FRL-9992-45] (N/RFC)

05-09-19 EPA: Mefentrifluconazole; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment [EPA–HQ–OPP–2019–0206; FRL–9992–75] (N)

05-10-19 ENERGY: Energy Conservation Program: Test Procedure for Distribution Trans-formers [EERE–2017–BT–TP–0055] (PR/RFC)

05-14-19 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION [NHTSA]: Federal Motor Ve-hicle Safety Standards; Accelerator Control Systems; Withdrawal [Docket No. NHTSA-2012-0038] (PR/W)

05-15-19

EPA: Glufosinate Ammonium; Pesticide Tolerances [EPA-HQ-OPP-2018-0207; FRL-9991-49] (FR)

US-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION (US-CESRC): Notice of open public hearing (N) [June 7, 2019, Washington, DC]

05-16-19

US COAST GUARD (USCG): Imposition of Conditions of Entry for Certain Ves-sels Arriving to the United States from the Republic of Djibouti [Docket No. USCG-2017-0851] (N)

ENERGY: Energy Conservation Program: Test Procedures for Compressors, Notice of Petition for Rulemaking (N/RFC)

EPA: Lambda-Cyhalothrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment [EPA–HQ–OPP–2019–0225; FRL–9992–90] (N)

05-22-19

LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA): Prepara-tions for the 37th session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UN-SCEGHS) [Docket No. OSHA-2016-0005] (N/H)

05-24-19 EPA: Oxathiapiprolin; Pesticide Tolerances – Correction to 40 CFR Part 180 (C)

EPA: Fluensulfone; Pesticide Tolerances [EPA-HQ-OPP-2017-0572; FRL-9992-69] (FR)

05-28-19

NHTSA: Removing Regulatory Barriers for Vehicles with Automated Driving Systems [Docket No. NHTSA-2019-0036] (ANPR)

DEPARTMENT OF DEFENSE (DOD), GENERAL SERVICES ADMINISTRATION (GSA), NA-

TIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA): Submission for OMB Review; Evaluation of Export Offers [OMB Control No. 9000-0057; Docket No. 2019-0003; Sequence No. 5] (N)

05-29-19 EPA: Clofentezine; Pesticide Tolerances [EPA-HQ-OPP-2018-0275; FRL-9993-48] (FR)

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F.R. Date Subject

05-30-19 EPA: Pyriofenone; Pesticide Tolerances [EPA-HQ-OPP-2018-0677; FRL-9993-11] (FR)

05-31-19 ENERGY: Energy Conservation Program: Energy Conservation Standards for Small Electric Motors [EERE-2019-BT-STD-0008] (RFI/RO)

06-12-19

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Federal Motor Vehicle Theft Prevention Standard; Final Listing of 2018 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2018 [Docket No. NHTSA–2017–0091] (FR)

06-14-19 EPA: Ortho-Pthalaldehyde; Receipt of Application for Emergency Exemption, Solicitation of Public Comment [EPA-HQ-OPP-2019-0322; FRL-9994-52]

Commerce proposes to modify regulations regarding benefit and specificity in CVD proceedings

On May 28, 2019, Enforcement and Compliance, International Trade Administra-

tion (ITA), Department of Commerce published in the Federal Register a pro-

posed rule and request for comments [Docket No. 190522468-9468-01] on modi-

fications to two regulations pertaining to the determination of benefit and specific-

ity in countervailing duty (CVD) proceedings. These modifications, if adopted,

would clarify how Commerce determines the existence of a benefit resulting from

a subsidy in the form of currency undervaluation, and clarify that companies in

the traded goods sector of an economy can constitute a group of enterprises for

purposes of determining whether a subsidy is specific.

To be assured of consideration, written comments must be received no later than

June 27, 2019.

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

THE AMERICAS - SOUTH AMERICA

ARGENTINA

Statistical fee for imports: Argentina grants an exemption to certain customs regimes

On 6 May 2019, the Executive Branch issued Executive Order No. 332/2019 in-

creasing five times the statistical fee for imports — fixing the fee at a rate of 2.5

% for all import entries (which is set to be in place until December 2019).

Such increase was faced with harsh criticism by the importing sector since it

seemed to apply to all imports, even those that were declared merely on a tem-

porary basis or under special promotional regimes.

Following such criticism, on 20 May, the Executive Branch published Executive

Order No. 361/2019, granting an exemption to imports falling under any of the

following customs regimes:

Merchandise imported on a temporary basis

Capital assets imported to be used in oil and gas non-conventional project

Merchandise imported under any of the following promotional regimes:

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o Regime of Used Production Lines (Executive Order No. 1174/2016)

o Regime of Used Goods for the Oil & Gas Industry (Executive Order No. 629/2017)

o Regime for the importation of Used Goods — the so-called CIBU for its acro-

nym in Spanish (Resolution No. 909/1994)

o Promotional Regime for the importation of assets to be used in Large Invest-ment Projects (Resolution No. 256/2000)

If you have any questions, please contact the author, Esteban Pablo Rópolo.

ASIA-PACIFIC

[Please note that material pertaining to the Eurasian Economic Union (EAEU)

and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the

Kyrgyz Republic is shown under EUROPE.]

AUSTRALIA

DHA notices and advices

The following Department of Home Affairs (DHA, formerly Immigration and Bor-

der Protection (DIBP)) Notices and Cargo advices (ACCA) were issued during

the period covered by this Update:

Date Series and № Title

10-05-19 DHA No. 2019/19 Implications of Comptroller General of Customs v. Zappia [2018] HCA 54

24-05-19 DHA No. 2019/23 Origin Waiver benefit for Australian Trusted Traders

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

CHINA (INCLUDING HONG KONG SAR)

China Retaliatory Tariffs – Product Exclusion Process

According to a Circular [2019] No. 2 (税委会公告〔2019〕2号) (the “Circular”) re-

leased by the Tariff Commission of the State Council (the “Tariff Commission”),

which is a multi-ministerial board led by the Ministry of Finance (MoF), on May

13, 2019, China has introduced a product exclusion process, expected to be offi-

cially launched on June 3, 2019. This is the equivalent of the product exclusion

process already put in place by the US Trade Representative’s office, aiming to

provide exemption from the Chinese retaliatory tariffs applicable to the U.S. origin

goods based on particular products.

Our Client Alert sets forth an overview of this exclusion process and our recom-

mended strategies and immediate next steps for multinational corporations that

sell US origin products to China. Please feel free to share the alert with your col-

leagues who might also be interested in the topics raised in this alert.

If you have any questions on the topics covered or need further clarification on

any particular issue, please do not hesitate to get in touch with your usual contact

at Baker McKenzie, or Jon Cowley or Frank Pan.

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[For an unofficial English translation* see Announcement [2019] No. 2 and its at-

tachment: Trial Measures on the Exclusion Work for US Products Subject to Ad

Valorem Tariffs. *The unofficial translation was prepared by the US-China Busi-

ness Council and is used with their permission.]

China announces increased tariffs on certain US origin goods

On May 3, 2019, the Ministry of Finance of the P.R. of China released Tariff

Committee Announcement [2019] No. 3 which states that the actions taken by

the United States to increase duties from 10% to 25% on May 10, 2019, " have

led to an escalation of Sino-US economic and trade frictions, contrary to the con-

sensus between China and the United States on resolving trade differences

through consultations, jeopardizing the interests of both sides and not meeting

the general expectations of the international community. "

Accordingly, pursuant to the "People's Republic of China Foreign Trade Law",

"People's Republic of China Import and Export Tariff Regulations" and other laws

and regulations and the basic principles of international law, the State Council

Tariff Commission decided that from 0:00 on June 1, 2019, the tariff rate will be

increased on imported goods originating in the United. The relevant matters are

hereby announced as follows:

1. To increase the tariff rate of some of the commodities in the "Notice of the

Customs Tariff Commission of the State Council on the Implementation of Cus-

toms Duty on Imports of About US$60 Billion of Imported Goods from the United

States" (Announcement No. 8 of the Taxation Commission [2018]), in accord-

ance with The State Council Customs Tariff Commission's Circular on the Notifi-

cation of Adding Tariffs to Certain Imported Commodities Originating in the

United States (Second Batch) (TAC Announcement [2018] No. 6) is implemented

at the tax rate. Namely: 2,493 tax items listed in Annex 1 shall be subject to a

25% tariff; for 1078 items of tax items listed in Annex 2, a 20% tariff shall be im-

posed; and 974 items of tax items listed in Annex 3 shall be imposed. A 10% tar-

iff is imposed. For the 595 items of tax items listed in Annex 4, a 5% tariff is still

imposed.

2. Other matters shall be implemented in accordance with the Notice of the Taxa-

tion Committee [2018] No. 6.

Attachments (listing specific subheadings and descriptions in Chinese):

1. Implementing a 25% tariff list for the US

2. Implementing a 20% tariff list for the US

3. Implementing a 10% tariff list for the US

4. Implementing a list of 5% tariff items for the United States

The new adjustment of tariff rates will follow what China had originally an-

nounced in August 2018 when it first published its $60 billion retaliation list, as-

sessing tariffs at rates of 5, 10, 20, and 25 percent . In September 2018, China

reduced its planned tariff rates for the $60 billion list to 5 and 10 percent in re-

sponse to the United States lowering the tariff rate on the $200 billion list to 10

percent from the previously threatened 25 percent. A translated list of items on

the $60 billion list can be found here.

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MOFCOM makes statement on US Sec. 301 tariff increase

On May 10, 2019, the Ministry of Commerce released the following statement

(unofficial translation):

The US has raised the tariff on the US$200 billion to China’s exports to the United States from 10% to 25%. China deeply regrets that it will have to take necessary countermeasures. The eleventh round of China-US high-level economic and trade consultations is underway. It is hoped that the US and the Chinese side will work to-gether and work together to resolve existing problems through cooperation and con-sultation.

Antidumping and Countervailing Duty Cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

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

CBIC and DGFT notifications, circulars and instructions

The Central Board of Indirect Taxes and Customs (CBIC) and Directorate Gen-

eral of Foreign Trade (DGFT) issued following notifications, circulars (Cir) and in-

structions during the period covered by this Update:

Date Series and № Subject

CBIC Non-Tariff Notifications

02-05-19 35/2019-Cus (NT) Exchange rate notification providing conversion rate of for-eign currencies to INR

15-05-19 36/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver

16-05-19 37/2019-Cus (NT) Exchange rate notification providing conversion rate of for-eign currencies to INR

31-05-19 38/2019-Cus (NT) Tariff Notification regarding fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil-ver

31-05-19 39/2019-Cus (NT) Exchange rate notification providing conversion rate of for-eign currencies to INR

CBIC Tariff Notifications

01-05-19 14/2019-Cus Implementation of increased Customs Duty on specified im-ports originating in USA postponed from 2 May, 2019 to 16 May, 2019

14-05-19 15/2019-Cus Implementation of increased Customs Duty on specified im-ports originating in USA postponed from 16 May, 2019 to June 16, 2019

CBIC Circulars

24-05-19 12/2019-Customs

Guidelines for launching of Prosecution in relation to of-fences punishable under the Customs Act, 1962 amended to include offences in relation to foreign currency and launching of prosecution in cases involving foreign nationals before issuance of show cause notice

DGFT Notifications

07-05-19 4/2015-2020 Export of essential commodities permitted to the Republic of Maldives under bilateral trade agreement between Gov-ernment of India and Government of Maldives during the

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Date Series and № Subject

period 2019-20 w.e.f. April, 2019 as per specified quantities with exemption from any existing or future restriction/prohi-bition on export

07-05-19 5/2015-2020 Import Policy amended and Policy Condition laid down for import of Electronics and IT goods under Schedule-I (Import Policy) of ITC (HS), 2017

24-05-19 6/2015-2020

Policy Condition providing for free import of biofuels by ac-tual users deleted. Import of biofuels restricted for all pur-poses with requirement to procure import license from the DGFT

DGFT Public Notices

07-05-19 06/2015-2020 ANF 3B, application form for Service Exports From India Scheme (SEIS)] amended

07-05-19 07/2015-2020 ANF-3D, application form for export of goods through cou-rier or foreign post offices using e-Commerce under Mer-chandise Exports From India Scheme (MEIS) amended

14-05-19 08/2015-2020

Procedure for claiming MEIS benefit for exports realized un-der Para 2.52(b) of the Foreign Trade Policy (export pro-ceeds against specific exports realised in INR subject to specified conditions) and exports where e-BRC not gener-ated by banks notified

DGFT Other

24-05-19 F.No.01/91/180/09/AM18/EC

The DGFT issued Draft Comprehensive ITC (HS) Export Policy, 2019 inviting comments from all stakeholders/ ex-porters

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

IRAN

Iran announces partial withdrawal from 2015 Nuclear Deal

President Hassan Rouhani has announced that Iran will withdraw from certain

commitments agreed in the 2015 nuclear agreement; this announcement comes

a year after the agreement was abandoned by the US, leading to the re-imposi-

tion of US sanctions against Iran.

In his 8 May 2019 announcement, Hassan Rouhani declared that Iran will stop

exporting its surplus enriched uranium. This decision is contrary to the agree-

ment, under which Iran is required to sell its surplus enriched uranium abroad to

ensure that it cannot be used to manufacture nuclear weapons. Hassan Rouhani

also threatened that Iran will resume its production of higher-enriched uranium

(which is currently capped) and begin developing its Arak heavy water reactor in

60 days, if the remaining signatories to the nuclear deal – Britain, France, Ger-

many, China and Russia – fail to shield Iran from the impact of US sanctions on

its oil and banking sectors.

In response, French Defence Minister Florence Parly has stated that France is

still committed to the nuclear deal, but has warned that sanctions could be re-im-

posed if Iran does not adhere to its existing commitments.

As noted in our previous blog post, France, Germany and Britain have attempted

to keep the nuclear deal alive despite the US’s withdrawal. They launched the

special purpose vehicle Instex, a payment mechanism which allows European

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entities to continue engaging in “legitimate trade” with Iran in humanitarian goods

such as medicines and food. So far, the system has failed to address sanctions

against Iranian oil, Iran’s main source of foreign exchange, and has done little to

alleviate the impact of US sanctions.

For EU response, see related article under EUROPEAN UNION AND EFTA, below.

Author: Ross L. Denton

JAPAN

Dairy TRQs for 2019 announced

According to US Department of Agriculture (USDA) GAIN Report JA9047, on

April 1, 2019, Japan’s Ministry of Finance announced tariff-rate quota (TRQ) vol-

umes for dairy products that will be in effect during Japan fiscal year 2019 (April

1, 2019 to March 31, 2020). See Table 1 for the list of TRQs. These TRQs are

operated by Japan’s Ministry of Agriculture, Forestry, and Fisheries (MAFF) and

are separate from the dairy TRQs operated by the Animal and Livestock Indus-

tries Corporation (ALIC) which were announced January 30 (see JA9019).

THAILAND

Draft Ministerial Regulation: Approval for Manufacture, Import, Ex-port, Sale, or Possession of Cannabis approved by Cabinet

Following our client alert in April 2019 regarding the developments on legalization

of cannabis for medical purposes, on 28 May 2019 the Cabinet approved the

draft Ministerial Regulation regarding Approval for the Manufacture, Import, Ex-

port, Sale, or Possession of Cannabis proposed by the Ministry of Public Health

(“MOPH”). Some of the key elements of the draft are outlined below:

Definitions of the terms "Cannabis"; "Licensee"; and "Government agencies".

Categorization of seven types of objectives under the manufacture, import, or ex-port of cannabis as follows:

(i) administration of cannabis for medical use domestically;

(ii) education, analysis and research for medical, scientific, or pharmacologi-cal purposes;

(iii) for governmental benefit in preventing and suppressing the commission of offenses and for international cooperation

(iv) manufacture for export and export of cannabis;

(v) manufacture for specific-patient use by the Thai traditional medical pro-fession;

(vi) necessary treatment for specific patients;

(vii) for patients traveling across borders who bring cannabis into or out of the country for personal treatment within 90 days.

Specification of qualifications of applicants to manufacture, import, export, sell or possess cannabis.

Requirements for the planting of cannabis to be done only in the areas pre-scribed in the license; for the use of seeds, tissues and other methods to be in line with the approvals obtained; and for the planting areas to be clearly defined.

Requirement for the licensee to conduct random tests to verify the concentration of key ingredients, e.g. Cannabidiol (CBD) or Tetrahydrocannabinol (THC), and

The International Trade Compliance

Update is a publication of the

Global International Commercial

and Trade Practice Group of Baker

McKenzie. Articles and comments

are intended to provide our readers

with information on recent legal de-

velopments and issues of signifi-

cance or interest. They should not

be regarded or relied upon as legal

advice or opinion. Baker McKenzie

advises on all aspects of Interna-

tional Trade law.

Comments on this Update may be

sent to the Editor:

Stuart P. Seidel

Washington, D.C. +1 202 452 7088 stuart.seidel@bakermckenzie.com

A note on spelling, grammar

and dates--

In keeping with the global nature

of Baker McKenzie, the original

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ting of non-USA English language

material has been preserved from

the original source whether or not

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Translations of most non-English

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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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the presence of contaminants or heavy metals in accordance with the standards prescribed. Records must be kept at the premises for at least three years.

Requirement for a licensee to manufacture or import a drug that contains canna-bis as an ingredient to apply for a product registration license prior to the manu-facture or import.

The draft ministerial regulation will be submitted to the Office of the Council of

State for review before being published by the MOPH.

We will monitor and keep you informed of further developments. Meanwhile, if

you need further information, please contact the author, Peerapan Tungsuwan.

Thailand increases protection of domestic industries

On 22 May 2019, the amendment to the Anti-Dumping and Countervailing Act,

B.E. 2542 (1999) (“AD Act”) was published in the Royal Gazette. It will become

effective after 180 days from the date of publication and will start to apply on 18

November 2019.

The amendment introduces “anti-circumvention” measures which is a completely

new concept in Thai law. The main purpose of the anti-circumvention provisions

is to enhance the efficiency of anti-dumping and countervailing measures under

the AD Act to ensure that domestic industries are protected against imports that

are found to circumvent existing anti-dumping or countervailing measures.

The amendment was driven by numerous complaints received by the Ministry of

Commerce from domestic industries, mostly in the steel industry, that foreign

manufacturers and exporters have found various ways to export their goods to

Thailand by circumventing the duties imposed under the AD Act, ultimately caus-

ing injury to their operations.

Anti-circumvention measures

The amendment provides that if the Anti-dumping and Subsidy Committee has

determined that there is circumvention of an existing anti-dumping or countervail-

ing measure, the duties under those measures will be extended to the imports of

the circumvented goods. The rate will not exceed the highest anti-dumping or

countervailing duty rate imposed on the goods from the exporter's country.

Procedures

Anti-circumvention investigations can be initiated upon the request of (i) the De-

partment of Foreign Trade or (ii) a party or a group of parties acting on behalf of

domestic manufacturers of subject goods which is supported by manufacturers

producing not less than one-quarter of total domestic production quantity.

The overall investigation process must be completed within nine months; how-

ever, it can be extended up to three months where necessary.

Definition of circumvention

The three elements of “circumvention“ are provided as follows:

1. There is a change of pattern of trade which stems from an operation relating to manufacturing or business for which there is insufficient due cause or economic

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justification other than to avoid the imposition of the anti-dumping or countervail-ing duties;

2. As a result of such change of pattern of trade, the remedial effects of the anti-dumping or countervailing measures are being undermined in terms of the prices or quantity; and

3. There is evidence of dumping when comparing the normal values previously es-tablished for the like product and the export price of the goods under considera-tion or the price of the like product of the party alleged for circumvention.

To elaborate, slight modification of the goods, exports of goods to Thailand

through one or more third countries, and imports of semi-finished or parts for as-

sembly in Thailand or third countries, could be considered as operations relating

to manufacturing or business that may be deemed as a change of pattern of

trade.

It is important that interested parties including exporters, importers, manufactur-

ers, and assemblers are aware of such restrictions and understand its impact on

their business operations.

If you have any questions, please contact the authors: Pornapa Luengwattanakit,

Chana Sooppipat and Jaywon Yi.

New Trade Control on Weapons of Mass Destruction Related Items Act to become effective on 1 January 2020

Pursuant to our client alert on Dual-Use Items last year, the Ministry of Com-

merce (“MOC”) has shifted its focus from revising and updating the Notification

Regulating the Dual-Use Items, dated 16 October 2015, previously issued under

the existing Export and Import of Goods, Act B.E. 2522 (1979) to the enactment

of the new Trade Control on Weapons of Mass Destruction Related Items Act

(“WMD Act”). On 30 April 2019, the WMD Act was enacted and announced in the

Royal Gazette, and its main provisions will become effective on 1 January 2020.

The WMD Act regulates all items that are related to the spread of weapons of

mass destruction (“WMDs”). The regulated items include, WMDs themselves, ar-

maments and dual-use items (“DUI”) as well as tangible and intangible items that

could have commercial interest, technology or even software. Controlled activi-

ties under the WMD Act not only include export, but also re-export, transship-

ment, transit, being a brokerage and other actions with the purpose of spreading

WMDs.

The MOC is the responsible authority under the WMD Act and has the power to

issue subsequent rules and regulations under the WMD Act, including a list of

specific items that will be regulated under the WMD Act, controlled activities of

each items, and requirements in order to engage in the controlled activities.

It is expected the MOC will subsequently issue a list of goods that are considered

DUI, which will be based on the latest EU Dual-Use Item List of 2018. Any per-

son who wishes to engage in the controlled activities for the goods falling under

this list will require a license from the MOC (e.g. an export license for export of

DUI). In addition, the MOC will issue a second list of goods that require certifica-

tions that they are not related in any way to the spread of WMDs, which is based

on the latest Harmonized System Codes (“HS Codes”). In the case that the

goods fall under this second list, no license (e.g. export license) is required. How-

ever, a person will have to make a self-certification to the MOC that their goods

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under the said HS Code are not DUI – before they can engage in the restricted

activities (e.g. export them out of Thailand).

Failure to obtain relevant licenses to engage in the controlled activities may sub-

ject the offender to a maximum imprisonment of two years and/or a fine of up to

THB 200,000. Additionally, if such offense is committed for the purpose of utiliz-

ing items related to the spread of WMDs to cause harm to others or to design,

develop, manufacture, use, modify, store, transport WMDs, or utilize such items

in any way for the purpose of obtaining WMDs, the maximum imprisonment shall

be increased to ten years and a fine of up to THB 1 million. All items relating to

such offense will also be confiscated.

Relevant regulations and notifications under the WMD Act are also currently be-

ing drafted to ensure that the most important regulations and notifications, espe-

cially the rules and regulations regarding steps, procedures and requirements for

licenses and self-certification (including an Internal Compliance Program condi-

tions and requirements and their relevant benefits), are issued before its effective

date of 1 January 2020.

It is also expected that the MOC will subsequently cancel the Notification Regu-

lating the Dual-Use Items, issued on 16 October 2015 under the existing Export

and Import of Goods Act, B.E. 2522 (1979).

We will keep you updated of any significant developments. If you have any ques-

tions, please contact, Pornapa Thaicharoen, Nam-Ake Lekfuangfu and Theeranit

Pongpanarat

VIETNAM

New regulations restrict imports of used machines, equipment, and technological lines from 15 June 2019

Vietnam introduced new limits on the import of used machinery via Decision No.

18/2019/QD-TTg on the Import of Used Machinery, Equipment and Technologi-

cal Lines (“Decision No. 18”). Businesses who import used machinery and equip-

ment (“Used Machines”) for use in Vietnam will need to demonstrate the ma-

chines will be used (1) directly in their Vietnam manufacturing, (2) are not more

than 10 years old and (3) meet established environmental, technical and safety

standards.

To find out more about the amended scope of the regulations and which imports

Decision 18 applies to, please download our client alert here. Authors: Nguyen

Thanh Vinh and Rachelle Komarnisky.

EUROPE, MIDDLE EAST AND NORTH AFRICA

European Union and EFTA

Council now able to impose sanctions for cyber attacks

On 17 May 2019, the Council adopted Council Regulation (EU) 2019/796 (the

“Regulation”), which establishes a framework for the EU to impose sanctions in

relation to cyber-attacks which constitute an external threat to the EU or its Mem-

ber States. Cyber-attacks against third states or international organisations also

fall within the ambit of the framework where necessary to achieve the objectives

of the EU’s Common Foreign and Security Policy. The UK and the Netherlands

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played a key part in pushing through the cyber sanctions framework, following

suspected cyber attacks in 2018 by Russia’s military intelligence service, GRU,

and the ongoing threat of external interference in the European elections. It is no

coincidence that the Regulation catches within its scope threats to the infor-

mation systems relating to the “governance and the functioning of institutions, in-

cluding for public elections or the voting process“.

The Regulation is not specific to any particular country, but is intended to catch

all external cyber threats. To date, no persons or entities have been listed in the

Annex, the amendment of which requires a unanimous decision of the Council

following a proposal by a Member State or the High Representative of the Union

for Foreign Affairs and Security Policy. Member States are themselves responsi-

ble for designating competent authorities, establishing penalties and implement-

ing them.

Scope of framework

The scope of the framework includes actual and attempted cyber-attacks which:

have or could potentially have a “significant effect”; and

originate or are carried out from outside the EU; or

use infrastructure outside the EU; or

are carried out by persons or entities established or operating outside the EU; or

are carried out with the support of person or entities operating outside the EU.

Whether a cyber attack has a “significant effect” will be determined by reference

to its scope and severity, number of people and Member States affected, the

economic loss caused, the economic benefit gained by the perpetrator and the

amount and nature of the data accessed or stolen.

Persons / entities which may be sanctioned

The EU may impose sanctions on persons or entities which:

are responsible for cyber-attacks or attempted cyber-attacks;

provide financial, technical or material support for cyber attacks caught by the framework; or

are associated with the natural or legal person, or bodies involved.

Substance of sanctions

Sanctions under this framework can take the form of:

travel bans; and

asset freezes.

Author: Kelly Bradford.

Europe responds to Iran’s Nuclear Deal Ultimatum

See related article under IRAN, above.

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The High Representative of the European Union and the Foreign Ministers of

France, Germany and the United Kingdom released a joint statement today (see

here for the full statement) following Iran’s announcement yesterday that it would

withdraw from certain commitments as agreed as part of the 2015 nuclear agree-

ment (see our post here on this).

The statement urged Iran to continue to implement its commitments under the

nuclear agreement, stating that Iran’s compliance would be monitored and veri-

fied. At the same time, the three countries recalled their own commitments and

reiterated their determination to try and facilitate legitimate trade with Iran, includ-

ing through the operationalisation of INSTEX.

Furthermore, the statement called on countries not party to the nuclear agree-

ment to refrain from taking any actions that may “impede the remaining parties’

ability to fully perform their commitments”.

We note that the statement does not make explicit reference to the re-imposition

of EU sanctions.

Author: Ross L. Denton

EU releases proposal on new WTO rules for electronic commerce

On 3 May 2019, the European Commission made public the EU’s text proposal

on future rules and obligations on e-commerce as part of WTO negotiations on e-

commerce endorsed by Ministers in the margins of the Davos World Economic

Forum in January 2019. The release of the text proposal is part of the EU’s com-

mitment to transparency and inclusiveness in the development of its trade policy.

The EU is committed to advancing the WTO negotiations on e-commerce, which

have just started. It will seek to negotiate a commercially meaningful set of rules

on e-commerce with as many WTO Members as possible.

To this end, the EU tabled initial negotiating proposals for a broad set of rules

and commitments that would for instance:

Guarantee the validity of e-contracts and e-signatures

Strengthen consumer consumers' trust in the on-line environment

Adopt measures to effectively combat spam

Tackle barriers that prevent cross-border sales today

Address forced data localisation requirements, while ensuring protection of per-sonal data

Prohibit mandatory source code disclosure requirements

Permanently ban customs duties on electronic transmissions

Adhere to the principle of open internet access

Upgrade existing WTO disciplines on telecommunication services to ensure that they are fit to support today’s vibrant internet ecosystem that is the main enabler of e-commerce

Improve market access commitments in telecommunication and computer related services.

The EU text proposal will be discussed along with proposals from other partici-

pating WTO Members, on 13- 15 May in Geneva.

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The EU proposal

Commission issues tariff classification regulations

See separate section below for tariff classification regulations issued by the Euro-

pean Commission during the period covered by this Update.

Amendments to the CN Explanatory Notes

See separate section below for amendments to the Explanatory Notes to the

Combined Nomenclature of the European Union that were published in the Offi-

cial Journal during the period covered by this Update.

Binding Tariff Information

The European Community has created the Binding Tariff Information (BTI) sys-

tem as a tool to assist economic operators to obtain the correct tariff classifica-

tion for goods they intend to import or export.

Binding Tariff Information is issued on request to economic operators by the cus-

toms authorities of the Member States. It is valid throughout the Community, re-

gardless of the Member State which issued it. For information about an existing

BTI, you may want to contact the customs administration of the Member State

which issued it. However, remember that, according to the provisions for data

protection, there are limitations as to the information an administration can pro-

vide. You can search and consult existing BTIs on the EBTI-database.

Official Journal documents

The following documents of interest to international traders (excluding documents

relating to day-to-day management of agricultural matters, individual protected

designations of origin registrations, approvals or restrictions on specific sub-

stances and fishing rights) were published in the Official Journal of the European

Union:

OJ Date Subject

02-05-19

Commission Regulation (EU) 2019/680 of 30 April 2019 amending Annex VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products

Commission Regulation (EU) 2019/681 of 30 April 2019 amending Annex II to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 150/05]

03-05-19

Commission Delegated Regulation (EU) 2019/686 of 16 January 2019 laying down the detailed arrangements under Council Directive 91/477/EEC for the systematic exchange, by electronic means, of information relating to the transfer of firearms within the Union

Commission Implementing Decision (EU) 2019/690 of 30 April 2019 on a meas-ure taken by Sweden pursuant to Directive 2006/42/EC of the European Parlia-ment and of the Council prohibiting the placing on the market of wind turbine models SWT-2.3-101 and SWT-3.0-113 and withdrawing the machines already placed on the market(notified under document C(2019) 3118)

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OJ Date Subject

Commission Decision (EU) 2019/691 of 2 May 2019 authorising, in accordance with Article 4(5) of Commission Implementing Regulation (EU) 2018/574, eco-nomic operators to use the services of another ID issuer

Corrigendum to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 ( OJ L 353, 31.12.2008 )

Corrigendum to Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the condi-tions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017)

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 March 2019 to 31 March 2019(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Par-liament and of the Council 1 1 ) March 2019(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council ) [2019/C 153/01]

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 March 2019 to 31 March 2019(Decisions taken pursuant to Article 34 of Directive 2001/83/EC 11 or Article 38 of Directive 2001/82/EC 22) [2019/C 153/02]

07-05-19 Commission Regulation (EU) 2019/698 of 30 April 2019 amending Annexes III and V to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products

08-05-19

Commission Implementing Regulation (EU) 2019/706 of 7 May 2019 renewing the approval of the active substance carvone in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

Commission Decision (EU) 2019/701 of 5 April 2019 establishing a glossary of common ingredient names for use in the labelling of cosmetic products

Commission Decision (EU) 2019/722 of 30 April 2019 on the proposed citizens' initiative entitled ‘Stopping trade with Israeli settlements operating in the Occu-pied Palestinian Territory’ (notified under document C(2019) 3305)

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 158/06]

Opinion of the European Economic and Social Committee on Reforming the WTO to adapt to developments in world trade(own-initiative opinion) [2019/C 159/03]

Opinion of the European Economic and Social Committee on the role of Domes-tic Advisory Groups in monitoring the implementation of Free Trade Agreements (exploratory opinion requested by the European Parliament) [2019/C 159/04]

Opinion of the European Economic and Social Committee on the role of Domes-tic Advisory Groups in monitoring the implementation of Free Trade Agree-ments[COM(2018) 329 final — 2018/0164 (CNS)] [2019/C 159/05]

14-05-19

Commission Regulation (EU) 2019/759 of 13 May 2019 laying down transitional measures for the application of public health requirements of imports of food containing both products of plant origin and processed products of animal origin (composite products)

Commission Implementing Decision (EU) 2019/769 of 14 May 2019 amending Implementing Decision 2012/715/EU establishing a list of third countries with a regulatory framework applicable to active substances for medicinal products for human use and the respective control and enforcement activities ensuring a level of protection of public health equivalent to that in the Union

16-05-19 Various Decisions of the EEA Joint Committee No. 118/2017 through 149/2017

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OJ Date Subject

17-05-19

Commission Implementing Decision (EU) 2019/793 of 16 May 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (noti-fied under document C(2019) 3797)

Commission Recommendation (EU) 2019/794 of 15 May 2019 on a coordinated control plan with a view to establishing the prevalence of certain substances mi-grating from materials and articles intended to come into contact with food (noti-fied under document C(2019) 3519)

Regulation No 134 of the Economic Commission for Europe of the United Na-tions (UN/ECE) — Uniform provisions concerning the approval of motor vehicles and their components with regard to the safety-related performance of hydro-gen-fuelled vehicles (HFCV) [2019/795]

Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008

Commission Delegated Regulation (EU) 2019/625 of 4 March 2019 supplement-ing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of cer-tain animals and goods intended for human consumption

Commission Implementing Regulation (EU) 2019/626 of 5 March 2019 concern-ing lists of third countries or regions thereof authorised for the entry into the Eu-ropean Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists

Commission Implementing Regulation (EU) 2019/627 of 15 March 2019 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official con-trols

Commission Implementing Regulation (EU) 2019/628 of 8 April 2019 concerning model official certificates for certain animals and goods and amending Regula-tion (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as re-gards these model certificates

Commission Regulation (EU) 2019/800 of 17 May 2019 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the extension of the use of carminic acid, carmine (E 120) in certain meat products traditional in French Overseas Territories

21-05-19

Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi-cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)

22-05-19

Commission Delegated Regulation (EU) 2019/821 of 12 March 2019 amending Regulation (EU) 2016/1076 of the European Parliament and of the Council in or-der to include the Independent State of Samoa in Annex I

Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU infor-mation systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA

Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital con-tent and digital services (Text with EEA relevance.)

The EU list of non-cooperative jurisdictions for tax purposes [2019/C 176/03]

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OJ Date Subject

23-05-19 Commission Regulation (EU) 2019/831 of 22 May 2019 amending Annexes II, III and V to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products

24-05-19

Council Decision (EU) 2019/835 of 8 April 2019 on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterra-nean Agreement establishing an Association between the European Communi-ties and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Republic of Croatia to the European Union

Commission Delegated Regulation (EU) 2019/839 of 7 March 2019 amending Regulation (EU) No 540/2014 of the European Parliament and of the Council on the sound level of motor vehicles and of replacement silencing systems (

Commission Delegated Regulation (EU) 2019/840 of 12 March 2019 amending Delegated Regulation (EU) 2018/273 as regards the importation of wine origi-nating in Canada and exempting retailers from holding an inward and outward register

Commission Delegated Regulation (EU) 2019/841 of 14 March 2019 correcting certain language versions of Delegated Regulation (EU) 2015/2446 supplement-ing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code

Council Decision (EU) 2019/845 of 17 May 2019 on the position to be taken on behalf of the European Union, within the Working Group on Geographical Indi-cations established by the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, as regards the adoption of its rules of procedure

List of ports in EU Member States where landings and transhipment operations of fishery products are allowed and port services are accessible for third country fishing vessels, in accordance with Article 5(2) of Council Regulation (EC) No 1005/2008

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 April 2019 to 30 April 2019 (Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parlia-ment and of the Council ) [2019/C 180/01]

Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 April 2019 to 30 April 2019(Decisions taken pursu-ant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC) [2019/C 180/02]

27-05-19 Council Decision (EU) 2019/848 of 17 May 2019 on the conclusion on behalf of the European Union of the International Agreement on Olive Oil and Table Ol-ives, 2015

28-05-19

Commission Implementing Decision (EU) 2019/875 of 27 May 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (noti-fied under document C(2019) 4045)

04-06-19

Notice concerning the entry into force of the Third Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Croatia to the European Un-ion

05-06-19

Council Decision (EU) 2019/854 of 15 April 2019 on the conclusion of the Volun-tary Partnership Agreement between the European Union and the Socialist Re-public of Viet Nam on forest law enforcement, governance and trade

Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade

06-06-19

EFTA Surveillance Authority Delegated Decision No 8/19/COL of 6 February 2019 amending the list contained in point 39 of Part 1.2 of Chapter I of Annex I to the Agreement on the European Economic Area listing border inspection posts in Iceland and Norway agreed for veterinary checks on live animals and

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OJ Date Subject

animal products from third countries (‘the list of border inspection posts in Ice-land and Norway’) and repealing EFTA Surveillance Authority Decision No 90/18/COL [2019/931]

07-06-19

Decision No 2/2017 of the Joint Committee of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin of 16 May 2017 amending the provisions of Appendix II of the Regional Convention on pan-Euro-Mediterra-nean preferential rules of origin by introducing a possibility of duty drawback and of full cumulation in the trade covered by the Central European Free Trade Agreement (CEFTA) involving the Republic of Moldova and the participants in the European Union's Stabilisation and Association Process [2019/940]

Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019 on the introduction and the import of cultural goods

11-06-19 Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplemen-tary protection certificate for medicinal products

12-06-19

Information concerning the date of entry into force of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Re-public of Bulgaria and Romania to the European Union

Commission Regulation (EU) 2019/957 of 11 June 2019 amending Annex XVII 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) as regards (3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl) silanetriol and TDFAs

Commission Implementing Decision (EU) 2019/961 of 7 June 2019 authorising a provisional measure taken by the French Republic in accordance with Article 129 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) to restrict the use and the placing on the market of certain wood treated with creosote and other creosote-related substances (notified un-der document C(2019) 4122)

Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the envi-ronment

14-06-19

Commission Implementing Decision (EU) 2019/975 of 13 June 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (noti-fied under document C(2019) 4495)

Corrigendum to Council Regulation (EU) 2018/1977 of 11 December 2018 opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2019–2020 ( OJ L 317, 14.12.2018 )

Restrictive measures established, amended, corrected

During the past month, the following restrictive measures were established,

amended or corrected:

OJ Date Restrictive Measure

03-05-19

Commission Implementing Regulation (EU) 2019/696 of 3 May 2019 amending for the 301st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

14-05-19

Council Implementing Regulation (EU) 2019/757 of 13 May 2019 implementing Article 17(3) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic

Council Implementing Decision (CFSP) 2019/763 of 13 May 2019 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

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OJ Date Restrictive Measure

17-05-19

Commission Implementing Regulation (EU) 2019/791 of 16 May 2019 amending for the 302nd time Council Regulation (EC) No 881/2002 imposing certain spe-cific restrictive measures directed against certain persons and entities associ-ated with the ISIL (Da'esh) and Al-Qaida organisations

Council Regulation (EU) 2019/796 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States

Council Decision (CFSP) 2019/797 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States

20-05-19

Council Implementing Regulation (EU) 2019/798 of 17 May 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situa-tion in Syria

Council Decision (CFSP) 2019/806 of 17 May 2019 amending Decision 2013/255/CFSP concerning restrictive measures against Syria

21-05-19 Commission Implementing Regulation (EU) 2019/808 of 20 May 2019 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

27-05-19

Commission Implementing Regulation (EU) 2019/850 of 24 May 2019 amending for the 303rd time Council Regulation (EC) No 881/2002 imposing certain spe-cific restrictive measures directed against certain persons and entities associ-ated with the ISIL (Da'esh) and Al-Qaida organisations

28-05-19

Council Implementing Regulation (EU) 2019/855 of 27 May 2019 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran

Council Decision (CFSP) 2019/870 of 27 May 2019 amending Deci-sion 2010/413/CFSP concerning restrictive measures against Iran

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-

tions, Orders & Reviews section below.

Individual Countries

BELGIUM

Blocking Regulation – Risk Alert Update

On 21 May 2019, the Belgian Act of 2 May 2019 including various financial provi-

sions was published in the Belgian Official Gazette (Numac : 2019012449).

Title VII

The aforementioned act contains a Title VII, implementing the EU Blocking Regu-

lation 2271/96 in Belgium.

Under the EU Blocking Regulation, the EU operators are in principle prohibited to

comply with the (U.S. Iran – Cuba) sanctions, as specified in its annex. They can,

however, be authorised to comply with the sanctions to the extent that non-com-

pliance would seriously damage their interests or those of the European Commu-

nity. The EU’s aim is to limit the extra-territorial impact of the respective sanc-

tions. The Blocking Regulation also provides protection to EU persons and enti-

ties by (i) not acknowledging and enforcing any foreign judgement against an EU

person or entity giving effect to the respective sanctions and (ii) giving a right to

recover for the damages suffered as a result of the sanctions.

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Besides appointing the competent authorities in relation to the reporting obliga-

tion under the Blocking regulation (i.e. the Belgian Federal Public Service for For-

eign affairs) and for monitoring compliance with the provisions of the Blocking

Regulation (i.e. the Belgian Federal Public Services for Finance and for the

Economy), the newly adopted act furthermore provides that the relevant Minister

(of Finance or Economy) may now impose administrative fines for such non-com-

pliance.

For legal entities, an administrative fine of up to 10% of the entity’s annual net

turnover of the previous business year can be imposed. For individuals, the fine

can amount up to 5,000,000 euro. The actual amount of the administrative fine is

to be determined taking into account all relevant circumstances, and in particular:

the seriousness and duration of the infringements; the degree of responsibility of

the person concerned; the financial capacity of the person concerned, as evi-

denced in particular by the total turnover of the legal entity concerned, or by the

annual income of the natural person concerned; the benefit or profit that the vio-

lations may yield for the person concerned, insofar as these can be determined;

the prejudice that third parties may have suffered as a result of these infringe-

ments, insofar as this can be determined; the degree of cooperation of the per-

son concerned with the supervisory authorities; any previous infringements com-

mitted by the person concerned.

In addition to the already existing criminal sanctions, the act of 2 May 2019 fur-

thermore provides for administrative fines for non-compliance with EU sanctions

regulations that are taken within the framework of Articles 75, 215 and 352 of the

Treaty on the Functioning of the European Union, by amending the Belgian Act

of 13 May 2003 on the implementation of restrictive measures taken by the

Council of the European Union against States, certain persons and entities.). The

administrative fines range from 250 euro to 2,500,000 euro.

Title VIII

Title VIII of the act of 2 May 2019 also provides that the freezing measures con-

cerning funds and economic resources included in the sanctions lists drawn up or

updated by the United Nations Security Council or by the relevant Sanctions

Committees under Chapter VII of the Charter of the United Nations will be imple-

mented as from the time when they are adopted by the United Nations Security

Council or those Sanctions Committees. This in contrast to the situation in the

past, where under the Belgian Act of 11 May 1995 on the Enforcement of Deci-

sions of the Security Council of the United Nations Organisation it was up to the

Minister of Finance, after consultation with the competent judicial authorities, to

decide to freeze all or part of the funds and other financial resources of the per-

sons, entities and groups referred to in the Resolution.

Non-compliance is punishable with imprisonment from eight days to five years

and a fine up to 8 million euro (for individuals) or with a fine up to 16 million euro

(for legal entities). These sanctions can even be higher in case of a repeated of-

fence.

If you have any questions, please contact the authors, Geert Bovy and Joost

Vynckier

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FRANCE

Official Gazette (Journal officiel)

Date Measure

02-05-19

L'ACTION ET DES COMPTES PUBLICS: 26 Decree No. 2019-393 of 30 April 2019

amending Decree No. 2004-976 of 15 September 2004 laying down the condi-tions for the authorization of the customs officers referred to in Articles 67a to 67a-2 of the Customs Code

11-05-19

ARMÉES: 14 Order of 9 May 2019 amending the Decrees of 6 January 2012 on general licenses for the transfer of defense-related products to the European Union

L’AGRICULTURE: 147 Opinion on imports and introductions into France of fresh cherries produced in a third country or a Member State of the European Union

22-05-19

L'EUROPE ET DES AFFAIRES ÉTRANGÈRES: 7 Decree No. 2019-476 of 20 May 2019

issuing the Protocol against the Illicit Manufacturing of and Trafficking in Fire-arms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, adopted in New York on May 31, 2001

29-05-19

L'ACTION ET DES COMPTES PUBLICS: 16 Decree No. 2019-532 of 27 May 2019

amending Decree No. 78-1297 of 28 December 1978 on the exercise of the right of transaction in respect of customs offenses, offenses relating to financial rela-tions with foreign countries or breaches of the declaratory obligation of sums, securities or securities from or to a Member State of the European Union or of a third State to the European Union and Decree No 2018-219 of March 30, 2018 defining the line managers who may issue the authorizations referred to in Arti-cle 15-4 of the Code of Criminal Procedure and in Article 55a of the Customs Code

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

02-05-19 2019/31-Notice to importers of certain products originating in the United States

03-05-19

2019/32- Notice to Importers of Continuous Filament Fiberglass Products Origi-nating in Bahrain and Egypt

2019/33-Notice to Importers of Certain Organic Coated Steel Products Originating in the People's Republic of China

14-05-19

2019/34-Notice to importers of citric acid, originating in the People's Republic of China

2019/35-Notice to importers of solar glazing originating in the People's Republic of China

2019/36-Notice to importers of monosodium glutamate from Indonesia

2019/37-Notice to importers of monosodium glutamate originating in the People's Republic of China

16-05-19

2019/38-Notice to importers of certain woven and / or stitched fiberglass fabrics originating in the People's Republic of China and Egypt

2019/39-Notice to importers of welded pipes and tubes, of iron or non-alloy steel, originating in the People's Republic of China, Byelorussia and Russia

2019/40-Notice to Importers of Bioethanol from the United States

17-05-19 2019/41-Notice to importers of iron and steel products

24-05-19 2019/42-Notice to importers of certain rainbow trout originating in Turkey

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SWITZERLAND

Federal Council adopts dispatch on FTA with Indonesia

On 22 May 2019, the Federal Council announced that it had issued a dispatch on

the Comprehensive Economic Partnership Agreement between the EFTA states

and Indonesia. The dispatch has been submitted to Parliament for approval.

The Comprehensive Economic Partnership Agreement (CEPA) between the EFTA states (Iceland, Liechtenstein, Norway and Switzerland) and Indonesia was signed on 16 December 2018 in the Indonesian capital, Jakarta. It covers a wide range of sec-tors and largely mirrors recent Swiss free trade agreements. EFTA is the first Euro-pean partner to sign a free trade agreement with Indonesia.

FCA and CBP sign MOU on customs cooperation

On 20 May 2019, the Federal Council announced that the Federal Department

of Finance (FDF), represented by the Federal Customs Administration (FCA),

signed a memorandum of understanding on cooperation in customs matters with

the United States Department of Homeland Security, represented by the US Cus-

toms and Border Protection (US CBP) in Washington D.C.

A visit to Washington by Mr Christian Bock, Director of the FCA, revealed in May 2018 that many subjects of common interest existed between the two administrations and that they were willing to deepen contacts at expert level. It was therefore agreed to frame this enhanced cooperation between the two agencies in a legally non-bind-ing memorandum of understanding. The economic importance of the United States requires Switzerland to deepen its relations with this key trading partner and in partic-ular to pursue the simplification of cross-border goods traffic. This is one of the funda-mental objectives of the regular exchanges of experience and skills that this memo-randum of understanding is intended to establish.

Content of the memorandum of understanding

This memorandum of understanding provides a cooperation in customs matters with the main objective of facilitating trade while ensuring security between the two coun-tries. It is agreed in the text that the parties provide mutual assistance in terms of ca-pacity building in various areas,. As is usually the case in such cooperation, these ex-changes of good practices will take place through working visits and various types of seminars and training at the expert level in Switzerland and the United States.

The implementation of this memorandum of understanding also provides a good op-portunity to exchange views with the United States on some of the main topics dealt with by the World Customs Organisation, as well as on the standards that it is trying to develop in a harmonised way.

This new cooperation between the FCA and the US CBP began as soon as the mem-orandum of understanding was signed. The search for the first working topics to im-plement its application is underway and has been discussed on the margins of the signing ceremony, but no concrete project has yet been decided.

Federal Council opens consultation proceedings on trade agree-ment between Switzerland and the UK

On 15 May 2019, the Federal Council announced that it had opened consultation

proceedings on the trade agreement with the United Kingdom and on an addi-

tional agreement extending the provisions of the trade agreement to the Princi-

pality of Liechtenstein. The agreements are intended to ensure to a large extent

the continuation of existing trade relations after the UK’s departure from the Eu-

ropean Union. The consultation will end on 5 September. The Federal Council

will submit a dispatch on the agreements to Parliament in the autumn.

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Federal Council lowers customs duties for textile industry

The Federal Council announced that during its meeting on 1 May 2019, it ap-

proved the Ordinance on the Temporary Suspension of Customs Duties on Tex-

tile Input and Intermediary Materials. It will enter into force on 1 July 2019.

The highly specialised Swiss textile industry relies heavily on imports of input and in-termediary materials for its production. Their procurement abroad is still burdened with considerably higher customs duties in comparison to input materials for other in-dustries. This makes the finished products more expensive. The high duty rates origi-nally set to protect the domestic textile industry are now having a detrimental effect.

If the interests of the Swiss economy so require, the Federal Council may, on the ba-sis of the Customs Tariff Act, order the temporary suspension of customs duties appli-cable to certain goods. As early as 1 January 2016, the Federal Council had tempo-rarily reduced the customs duties under 60 tariff headings to CHF 0. The current measure extends the existing tariff suspension and extends its scope to a total of 522 tariff headings. The Federal Council is thus responding to a request from Swiss Tex-tiles (Swiss textile association) to suspend customs duties on all textile input and in-termediary materials.

The duty suspension will lead to lower customs revenues of around CHF 3 million per year. However, positive effects on the economy as a whole can be expected from the fiscal relief in the textile sector. The thrust of the measure is also in line with the Fed-eral Council's aim of abolishing industrial tariffs.

Recueil officiel

Date Measure

01-05-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the Euro-pean Union, Iceland and Norway (RS 916.443.107)

23-05-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the Euro-pean Union, Iceland and Norway (RS 916.443.107)

28-05-19 Ordinance on the Importation of Agricultural Products (Ordinance on Agricul-tural Imports, OIAgr) (RS 916.01)

04-06-19

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 Temporary Suspension of Customs Duties on Textile Interme-diates and Materials (RS 632.102.1)

FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the Euro-pean Union, Iceland and Norway (RS 916.443.107)

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

02-05-19 Amendment to the Ordinance of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, "al-Qaeda" group or the Tali-ban (RS 946.203) [Entry in force: 01-05-19]

08-05-19 Order instituting measures against the Islamic Republic of Iran (RS 946.231.143.6) [Entry in force: 08-05-19]

15-05-19 Amendment to the Ordinance of 7 August 1990 instituting economic measures towards the Republic of Iraq (RS 946.206) [Entry into force: 14-05-19]

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Date* Restrictive Measure

Amendment to the Ordinance of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, "al-Qaeda" group or the Tali-ban (RS 946.203) [Entry into force: 01-05-19]

Amendment to the Ordinance of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, “al-Qaeda” group or the Tali-ban (RS 946.203) [Entry into force: 14-05-19]

20-05-19 Amendment to the Ordinance of 17 October 2018 instituting measures against Myanmar (RS 946.231.157.5) [Entry into force 21-05-19]

22-05-19 Amendment to the Ordinance of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, “al-Qaeda” group or the Tali-ban (RS 946.203) [Entry into force 21-05-19]

UNITED KINGDOM

DIT lists country by country guidance if UK exits EU without a deal

The Department for International Trade (DIT) has issued guidance for trading

with individual countries and the changes to exporting goods and services from

the UK that may be involved if the UK exits the EU without a deal. The country by

country guidance may be found on the DIT website here. The list is divided by

continents.

Legislation (legislation.gov.uk)

Date Measure

09-05-19 SI 2019/914 - The Taxation (Cross-border Trade) Act 2018 (Appointed Day No. 6 and Transitional Provisions) (Modification) (EU Exit) Regulations 2019

13-05-19 SI 2019/910 - The Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019

20-05-19

2019 c. 17 - Offensive Weapons Act 2019

SI 2019/953 - The Tobacco Products (Descriptions of Products) (Amendment) Order 2019

23-05-19

SI 2019/962 - The Animal Health, Seed Potatoes and Food (Amendment) (North-ern Ireland) (EU Exit) Regulations 2019

SR 2019/111 - The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019

SR 2019/110 - The Food Hygiene (Amendment) Regulations (Northern Ireland) 2019

29-05-19 SI 2019/969 - The EU Export Credits Legislation (Revocation) (EU Exit) (No. 2) Regulations 2019

03-06-19

SI 2019/981 - The Finance Act 2019, Section 57(2) and (4) (Tobacco for Heat-ing) (Appointed Day) Regulations 2019

SI 2019/975 - The Finance Act 2019, Section 57 (Tobacco for Heating) (Conse-quential Amendments) Regulations 2019

06-06-19 SI 2019/989 - The Export Control (Amendment) Order 2019

10-06-19 SI 2019/1005 - The Smart Export Guarantee Order 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

21-05-19 SI 2019/956 - The Cyber-Attacks (Asset-Freezing) Regulations 2019

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HMRC updates

The following Public Notices, Customs Information Papers (CIPs) were issued by

HM Revenue & Customs:

Release/ Update

Date Ref. No. and Subject

Customs Information Papers

03-05-19 Additional rates of duty on goods from the USA (CIP11)

Tariff, Anti-Dumping and Other Notices

01-05-19

Manufacturing and importing tobacco products

Register with the ID issuer if you're in the tobacco product supply chain

Selling and storing tobacco products

03-05-19 Claim relief on goods imported then supplied to another EU country

07-05-19

Notices Made Under The Customs (Import Duty) (EU Exit) Regulations 2018

Imports of certain continuous filament glass fibre products, originating in Bahrain and Egypt (Anti-Dumping Duty 2334)

Imports of certain organic coated steel products, originating in the People’s Re-public of China (Anti-Dumping Duty 2333)

CCPG27320 - Penalty notice: deciding the amount of a penalty: setting penalty amounts

08-05-19 Notice 301: civil penalties for contraventions of customs law

09-05-19 VEXP50000 - Particular types of export to destinations outside the EU: Contents

10-05-19

COG321975 - Business specific: compliance check framework (CCF): customs and international trade (CIT): address risks

Spinning top made of plastics, with a launcher and ripcord (Tariff notice 12)

15-05-19 CCPG23500 - Options for addressing a contravention: issue a penalty

17-05-19

Imports of bioethanol originating in the United States of America (Anti-Dumping Duty 2335)

Anti-Dumping Duty measures

20-05-19

Notice of initiation of a review of steel safeguard measures (Tariff stop press no-tice 17)

Imports of certain glass fibre fabrics, originating in the People’s Republic of China and Egypt (Anti-Dumping Duty 2336)

Writing cases (Tariff notice 13)

Manufacturing and importing tobacco products

28-05-19 Customs Freight Simplified Procedures: excluded procedure codes

30-05-19 Mobile phone covers (Tariff notice 16)

Screw piles (Tariff notice 15)

31-05-19 Dressed human hair (Tariff notice 14)

Monthly trade euro rates (Tariff stop press notice 18)

04-06-19

Notice 100: customs Flexible Accounting System

Notice 317: imports by charities free of duty and VAT

Customs warehousing

06-06-19 Aluminium foil in rolls originating in the People’s Republic of China (Anti-Dump-ing Duty 2337)

07-06-19

Authorised Economic Operator for imports and exports

SPE14210 - Specific rules relating to Outward Processing: risk - exporting or im-porting gold and jewellery

11-06-19

Screwdrivers (Tariff notice 20)

Optical-fibre cables (Tariff notice 19)

Multi-axial glass fibre fabrics (Tariff notice 17)

12-06-19 Glass microspheres (Tariff notice 18)

ECO Notices to Exporters and DIT documents

The following Export Control Organisation (ECO) Notices to Exporters and other

Department for International Trade (DIT) documents were issued:

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Date Notice No. and Subct

14-05-19 Notice to exporters 2019/06: UK exporter punished for brokering goods without a licence [penalty of more than £10,000]

16-05-19 Notice to exporters 2019/07: OGEL for export of dual-use items to EU member states 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

05-02-19 Law № 23 (23-04-19) amending the Postal Services Act, no. 19/2002, with sub-sequent amendments (foreign mail and electronic mail)

05-03-19 Regulation 396/2019 (29-04-19) on the (3) amendment of Regulation №. 1132/2018 on the allocation of tariff quotas for the import of agricultural products according to Annexes IVA and IVB to the Customs Act.

09-05-19

№ 421/2019 Regulation (08-05-19) on (2) an amendment to regulation no. 489/2010 on the entry into force of Commission Regulation (EC) No 489/2010 136/2004 on rules on veterinary checks at border posts with products imported from third countries.

№ 422/2019 Regulation (08-05-19) on (7) amendment of Regulation no. 168/2011 on the conditions and requirements for the issue of health certifi-cates for the marketing of aquaculture animals, their products and their import into the EEA and for the list of types of pathogens.

№ 423/2019 Regulation (08-05-19) on (4) an amendment to regulation no. 831/2014 on the entry into force of Commission Regulation (EU) no. 605/2010 on animal and human health conditions and on animal and animal health certifi-cates for import into the European Union of raw milk and dairy products for hu-man consumption

№ 424/2019 Regulation (08-05-19) on (1) amendment of regulation no. 390/2014 on the entry into force of Commission Regulation (EC) No. 119/2009 on the list of third countries or parts thereof for import into the Community or transit through the Community of meat or wild animals of a regional, specific wild terrestrial animal and alkanine species and of animal and animal health certifi-cate requirements.

№ 425/2019 Regulation (08-05-19) (13) amendment of Regulation no. 560/2014 on the entry into force of Commission Regulation (EC) No 560/2014. 798/2008 on registers of third countries, territories, territories or compartments authorized for import into the Community and transit through the Community of poultry and poultry products, and of requirements for animal and animal health attestations.

№ 426/2019 Regulation (08-05-19) on (7) amendment of Regulation no. 907/2014 on the entry into force of Commission Regulation (EU) no. 206/2010 on lists of third countries, territories or parts thereof permitted for the importation of certain animals and new meat into the European Union, and on requirements for veterinary and veterinary certification.

21-05-19 № 472/2019 Regulation (03-05-19) on (9) an amendment to regulation no. 415/2014 on the classification, labeling and packaging of substances and prepa-rations.

29-05-19 № 505/2019 Regulation (21-05-19) on (2) an amendment to regulation no. 545/2018 on the Marketing Authorization of Medicinal Products, their Labeling and Package Leaflets.

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Date* Measure

31-05-19

№ 522/2019 Regulation (28-05-19) on the entry into force of Commission Regu-lation (EU) 2018/1556 on the refusal of authorization of certain health claims re-lating to food and does not refer to the reduction of disease risk or to the devel-opment or health of children.

04-06-19

№ 532/2019 Regulation (03-06-19) on the allocation of tariff quotas for imports of agricultural products from Norway and Switzerland

№ 533/2019 Regulation (03-06-19) on the allocation of WTO tariff quotas for the import of beef, swine, sheep, goat and poultry meat, butter, cheeses, poultry eggs and their products and processed meat products.

07-06-19 № 545/2019 Regulation (23-05-19) on risk assessment for money laundering and terrorist financing

IRELAND (EIRE)

14-05-19

S.I. No. 198/2019 - European Communities (Marketing of Fruit Plant Propagat-ing Material) (Amendment) Regulations 2019

S.I. No. 199/2019 - European Union (Seed Potatoes) (Amendment) Regulations 2019

17-05-19 S.I. No. 213/2019 Chemicals Act 2008 (Rotterdam Regulation) Regulations 2019

31-05-19 S.I. No. 233/2019 - European Union (Waste Electrical and Electronic Equip-ment) (Amendment) Regulations 2019

07-06-19

S.I. No. 246/2019 - European Union (Restriction of Certain Hazardous Sub-stances in Electrical and Electronic Equipment) (Amendment) Regulations 2019

S.I. No. 248/2019 - European Communities (Official Controls on the Import of Food of Non-Animal Origin for Pesticide Residues) (Amendment) Regulations 2019

LUXEMBOURG

10-05-19

Mem A 305: Stabilization and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herze-govina, of the other part, signed in Luxembourg, on 16 June 2008 - Rectification of the original text of all language versions, with the exception of the Croatian version.

20-05-19 Mem A 336: Grand-Ducal Decree of 16 May 2019 concerning the creation, com-position and functioning of the interministerial coordination group on export con-trol.

21-05-19 Mem A 339: Act of 16 May 2019 amending the law of 16 December 2011 on the registration, evaluation and authorization of chemical substances and the classi-fication, labeling and packaging of chemical substances and mixtures.

27-05-19

Mem A 364: Official notice in accordance with article 22, paragraph 2, of the amended law of 27 June 2018 on export control.

Mem A 365: Official notice in accordance with article 35, paragraph 2, of the amended law of 27 June 2018 on the control of exports.

Mem A 366: Official notice in accordance with article 38, paragraph 2, of the amended law of 27 June 2018 on the control of exports.

03-06-19

Mem A 379: Grand-Ducal Regulation of 28 May 2019 amending Annex III of the amended Grand-Ducal Regulation of 30 July 2013 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

Mem A 380: Grand-Ducal Regulation of 28 May 2019 amending Annex III of the amended Grand-Ducal Regulation of 30 July 2013 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

07-06-19

Mem A 389: Law of 28 May 2019 1. on the health protection of persons against the dangers arising from exposure to ionizing radiation and the safety of sources of ionizing radiation against mali-cious acts; 2. on the management of radioactive waste, the transport of radioactive material and import; 3. amending the amended law of 21 November 1980 on the organization of the Directorate of Health.

MALTA

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Date* Measure

06-06-19 119 of 2019 – Restriction of Use of Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations, 2019 Government Gazette of Malta No. 20,208– 06.06.2019

NORWAY

08-05-19 FOR-2019-05-06-577 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on special protection measures to prevent the spread of African swine fever

10-05-19

FOR-2019-05-09-587 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the regulations on limit values for drug residues in foodstuffs from animals

FOR-2019-05-09-588 MINISTRY OF AGRICULTURE AND FOOD, MINISTRY OF TRADE

AND INDUSTRY Regulations on amendments to the Organic Regulations (Regula-tion (EU) 2018/1584)

13-05-19

FOR-2019-05-08-589 MINISTRY OF CLIMATE AND ENVIRONMENT, MINISTRY OF LABOR

AND SOCIAL AFFAIRS Regulations on amendments to the regulation on biocides (the Biocide Regulations)

FOR-2019-05-09-590 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on pesticides

FOR-2019-05-10-591 MINISTRY OF AGRICULTURE AND FOOD, MINISTRY OF HEALTH

AND CARE SERVICES, MINISTRY OF TRADE AND INDUSTRY Regulations on amend-ments to the regulations on additives for use in feed

14-05-19

FOR-2019-05-09-595 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the regulations on cosmetics and body care products

FOR-2019-05-10-598 MINISTRY OF HEALTH AND CARE SERVICES Regulations on changes in the aroma regulations

FOR-2019-05-13-601 MINISTRY OF TRANSPORT AND COMMUNICATIONS Regulations on amendments to regulations concerning requirements for CO₂ emissions, etc. for manufacturers of passenger and vans

FOR-2019-05-13-602 MINISTRY OF TRANSPORT AND COMMUNICATIONS Regulations on amendments to regulations concerning requirements for CO₂ emissions, etc. for manufacturers of passenger and vans

16-05-19 FOR-2019-04-09-622 Ministry of Foreign Affairs Regulations on amendments to regulations on the export of defense materials, multipurpose goods, technol-ogy and services

24-05-19

FOR-2019-05-23-666 Ministry of Transport and Communications Regulations on amendments to the Regulations on the approval of cars and trailers for cars

FOR-2019-05-23-667 Ministry of Transport and Communications- Regulations on amendments to the regulations on approval of mopeds and motorcycles

06-06-19

FOR-2019-05-31-699 Ministry of Health and Care Services, Ministry of Agricul-ture and Food Regulations on amendments to the regulations on special protec-tion measures for imports of certain feed and foodstuffs from third countries due to aflatoxin risk, etc.

POLAND

06-05-19

№ 829 Regulation of the Minister of Health of 29 April 2019 on the application form for changing the permit for the manufacture or import of medicinal products

№ 830 Regulation of the Minister of Health of April 29, 2019 on the application form for issuing a permit for the manufacture or import of medicinal products

07-05-19 № 839 Regulation of the Minister of Health of 29 April 2019 regarding the appli-cation form for entry in the National Register of Manufacturers, Importers and Distributors of Active Substances

08-05-19

№ 843 Decree of the Minister of Finance of March 28, 2019 regarding the publi-cation of a uniform text of the Ordinance of the Minister of Finance on the regis-tration and other documentation regarding excise goods and excise marks

№ 854 Regulation of the Minister of Finance of 17 April 2019 regarding proceed-ings in financial declarations of officers of the Customs and Treasury Service

14-05-19

№ 894 Announcement of the Minister of Entrepreneurship and Technology of 15 April 2019 regarding the publication of a uniform text of the Minister of Economy and Labor regulation on tenders and negotiations and criteria for assessing in-tentions for economic undertakings to be undertaken by entrepreneurs in the Katowice Special Economic Zone

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Date* Measure

№ 904 Regulation of the Minister of Internal Affairs and Administration of May 7, 2019 regarding the documentation of personal checks by the police officers as well as viewing the contents of luggage or checking cargoes

11-06-19

№ 1079 Announcement of the Speaker of the Sejm of the Republic of Poland of May 21, 2019 regarding the publication of a uniform text of the Act on the rules for the participation of foreign entrepreneurs and other foreign entities in the course of trade on the territory of the Republic of Poland

SPAIN

15-05-19 HACIENDA: Order HAC / 546/2019, of April 17, authorizing the expansion of the Free Trade Zone of Seville. (BOE-A-2019-7259)

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)

03-05-19

S.I. No. 184 of 2019 European Union (Restrictive Measures Concerning Ukraine) Regulations (No.2) 2019

S.I. No. 185 of 2019 Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons And Entities Associated With The Isil (Da’esh) And Al-Qaida Organisations) Regulations (No.2) 2019

S.I. No. 186 of 2019 European Union (Restrictive Measures Concerning Egypt) Regulations 2019

S.I. No. 187 of 2019 European Union (Restrictive Measures Concerning Iraq) Regulations (No.2) 2019

LIECHTENSTEIN

09-05-19 LGBI № 2019.138 Order of 7 May 2019 amending the Regulation on measures against Myanmar (LR № 946.222.3)

03-06-19 LGBI № 2019.151 Order of 28 May 2019 amending the Regulation on measures against Syria (LR № 946.223.8)

06-06-19 LGBI № 2019.154 Ordinance of 4 June 2019 amending the Ordinance on Measures against the Islamic Republic of Iran (LR 946.223.3)

LUXEMBOURG

02-05-19

Mem A292: Ministerial Regulation of 2 May 2019 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Act of 27 October 2010 on the implementation of United Nations Security Council Resolutions and Acts adopted by the European Union containing prohibitions and restrictive fi-nancial measures against certain persons, entities and groups in the fight against the financing of terrorism.

15-05-19

Mem A 314: Ministerial Regulation of 15 May 2019 amending Annex IC of the Grand-Ducal Regulation of 29 October 2010 implementing the Act of 27 October 2010 on the Implementation of United Nations Security Council Resolutions and Acts adopted by the European Union containing prohibitions and restrictive fi-nancial measures against certain persons, entities and groups in the fight against the financing of terrorism.

Non EU-EFTA European Countries

TURKEY

Legislation (laws, resolutions, orders, etc.)

The following documents were published in the on-line T.C. Resmî Gazete.

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Date Subject

01-05-19

Attachment to the Decree of the Council of Ministers dated 30/9/2013 and num-bered 2013/5428 on the Freezing of the Assets of the Persons, Organizations or Organizations Listed by the Decisions of the United Nations Security Council (1267 (1999), 1988 (2011) and 1989 (2011) (1) Decision on Amendment to the List (Number of Decisions: 1016)

02-05-19 Regulation Amending the Customs Regulation

03-05-19 Communiqué on the Implementation of Tariff Quota in the Import of Sunflower Seed Oil

04-05-19 Communiqué on Prevention of Unfair Competition in Importation (No: 2019/16)

07-05-19

Communiqué on Safeguard Measures in Importation (No: 2019/1)

Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/15)

08-05-19

Regulation Amending the Regulation on Regulation of Veterinary Inspections in the Entry of Products to the Country

Communiqué Amending the Communiqué (Communiqué No: 2016/31) on the Rules Regarding Veterinary Inspection of Products Submitted for Freight Zones or Customs Warehouses or Ship Shipments (No: 2019/20)

11-05-19

Communiqué Amending the Communiqué (Export: 2017/4) on Exports, Transit Trade, Exports, Sales and Delivery, Taxes, Duties and Charges in Foreign Ex-change Winning Services and Activities (Export: 2019/4)

Communiqué on the Administration of Quota and Tariff Quotas in Importation (No: 2019/4)

15-05-19 Resolution on the Amendment to the Decision on the Implementation of Certain Articles of the Customs Law No. 4458 (Decision Number: 1111)

18-05-19 General Communiqué on Customs (Introduction to Free Movement) (Serial No: 16)

22-05-19 Resolution on the Amendment to the Decision on the Implementation of Addi-tional Financial Liability in the Importation of Certain Products originating in the United States of America (Number of Decisions: 1130)

23-05-19 Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/17)

24-05-19

Regulation Amending the Customs Regulation

Communiqué on the Abrogation of the Communiqué on the Implementation of the Decision on the Collection of Additional Financial Liability in the Importation of Certain Products Enacted with the Decree of the Council of Ministers of 2017/10926

Communiqué on the Cancellation of the Communiqué (Import: 2017/4) on the Procedures and Principles for the Implementation of Additional Customs Duty on Imports (Import: 2017/4)

25-05-19

Regulation on Heat Treatment and Marking of Wooden Packaging Materials

Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/14)

Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/18)

07-06-19 Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/19)

13-06-19 Communiqué on the Amendment of General Communiqué on Customs (Cus-toms Transactions) (Serial No: 98) (Customs Transactions) (Serial No: 159)

UKRAINE

Legislation (laws, resolutions, orders, etc.)

The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presi-

dential Decrees (Указ Президента), Decrees of the Cabinet of Ministers

(Розпорядження Кабінету Міністрів України), Regulations (Положення),

Agency Orders (Наказ) and other pieces of legislation were posted on the Parlia-

mentary (Верховної Ради) website during the period of coverage of this Update:

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Date Subject

03-05-19 On Ukraine's Delegation to the Plenary Meeting of the International Export Control Regime "Australian Group" Decree of the President of Ukraine; Compo-sition of the collegial body dated 05.03.2019 № 181/2019

05-05-19

On the Ukrainian delegation to participate in the negotiations between Ukraine and the United Kingdom of Great Britain and Northern Ireland on the conclu-sion of the Agreement on Political Co-operation, Free Trade and Partnership between Ukraine and the United Kingdom of Great Britain and Northern Ireland Order of the President of Ukraine; Composition of the collegial body dated May 5, 2019 No. 48/2019-рп

08-05-19

On the signing of an agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Tunisia on cooperation and mutual as-sistance in customs matters Order of the Cabinet of Ministers of Ukraine dated May 8, 2019 No. 296-p

On Approval of the Procedure for Verifying Certificates and Confirmations in the Case of Importing and / or Exporting Seeds and Planting Material, Samples of Seed and Planting Material, Research Specimens of Varieties by the State Phytosanitary Inspector during Phytosanitary Inspection Resolution of the Cabinet of Ministers of Ukraine; Order, Act, Form of the standard document dated May 8, 2019, No. 383

14-05-19 On the establishment of exceptions and (or) peculiarities of introducing dead-lines for payments for export and import of goods and amending certain legal acts Resolution of the National Bank of Ukraine dated May 14, 2019 No. 67

15-05-19

On the decision of the Council of the Association between Ukraine and the EU on amending the Annex XXVII to the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Com-munity and their Member States, on the other hand Resolution of the Cabinet of Ministers of Ukraine dated May 15, 2019 No. 394

17-05-19

On the Ukrainian delegation to participate in the negotiations between Ukraine and the United Kingdom of Great Britain and Northern Ireland on the conclu-sion of the Agreement on Political Co-operation, Free Trade and Partnership between Ukraine and the United Kingdom of Great Britain and Northern Ireland Order of the President of Ukraine; Composition of the collegial body dated May 5, 2019 No. 48/2019-рп

EURASIAN ECONOMIC UNION (EAEU)

Decisions and recommendations of the Eurasian Economic Com-mission

The following Eurasian Economic Commission (EEC) decisions and recommen-

dations have been posted in the documents section of the Eurasian Economic

Commission documentation page. In general, only Решения, Распоряжение

and Recommendations having a direct effect on international traders are listed.

Publication Date

Title

Council (Совет) of the Eurasian Economic Commission Решение

06-05-19

№ 29 (22-02-19) On setting the rate of import customs duty of the Unified Cus-toms Tariff of the Eurasian Economic Union in respect of certain types of graph-ite electrodes

№ 31 (29-03-19) On Amendments to the Unified Quarantine Phytosanitary Re-quirements for Quarantine Products and Quarantine Objects at the Customs Border and in the Customs Territory of the Eurasian Economic Union

№ 32 (29-03-19) On Amendments to the Technical Regulations of the Customs Union “On the Safety of Perfumery and Cosmetic Products” (HARDWARE 009/2011 TR)

№ 33 (29-03-19) On approval of the traceability system of the Republic of Ka-zakhstan in relation to goods subject to veterinary control (supervision) "Unified Automated Management System" (EASU)

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Publication Date

Title

№ 35 (29-04-19) On the draft decision of the Supreme Eurasian Economic Council "On the issues of signing the Agreement on a free trade zone between the Eurasian Economic Union and its member states, on the one hand, and the Republic of Serbia, on the other hand"

№ 44 (29-04-19) On introducing changes to the list of goods for which the Re-public of Kazakhstan, in accordance with the commitments made as a condition for joining the World Trade Organization, apply customs duty rates that are lower compared to the tariffs of the Common Customs Tariff of the Eurasian Economic Union duty rates

№ 45 (29-04-19) On the assignment of white sugar, which is a foreign product, to goods that are not subject to placement under the customs procedure of a free customs zone, and to goods that are not subject to the free warehouse customs procedure

06-05-19

№ 46 (29-03-19) On making changes to the list of categories of goods in re-spect of which a special customs procedure may be established, and the condi-tions for placing them under such a customs procedure and certain issues of importing (exporting) goods in order to organize and conduct the II European Games of 2019

31-05-19

№ 52 (28-05-19) About the detailed plan for 2019 for the implementation of the plan of measures for the implementation of the Basic Directions for the Devel-opment of the Single Window Mechanism in the System of Regulation of For-eign Economic Activities

№ 55 (28-05-19) On Amendments to the Technical Regulations of the Customs Union “On the Safety of Personal Protective Equipment” (ТР ТС 019/2011)

№ 56 (28-05-19) On introducing changes to Section II of the plan for the devel-opment of technical regulations of the Eurasian Economic Union and amending the technical regulations of the Customs Union

№ 57 (28-05-19) On amending clause 6 of the Procedure for applying exemp-tion from customs duties when importing certain categories of goods to the sin-gle customs territory of the Customs Union

№ 58 (28-05-19) On Amendments to the Unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union in respect of certain types of goods in accordance with the obligations of the Russian Federation in the WTO, as well as some decisions of the Supreme Eurasian Economic Council

Board (Коллегии) of the Eurasian Economic Commission Решения

17-05-19

№ 70 (14-05-19) On the classification of vitamin-containing preparations in ac-cordance with the single Commodity Nomenclature of Foreign Economic Activ-ity of the Eurasian Economic Union

№ 71 (14-05-19) On Amendments to the Decision of the Commission of the Customs Union of September 20, 2010 No. 378

№ 72 (14-05-19) On amendments to the list of standards containing the rules and methods of research (testing) and measurements, including the rules for sampling necessary to apply and fulfill the requirements of the Technical Regu-lations of the Customs Union “On the safety of milk and dairy products” and im-plementation of conformity assessment of technical regulation objects

№ 73 (14-05-19) On making changes to paragraph 12 of the Instruction on the procedure for the use of transport (carriage), commercial and (or) other docu-ments as a declaration of goods

24-05-19

№ 74 (21-05-19) On the classification of shower sets in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union

№ 75 (21-05-19) On the classification of the lottery terminal in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eura-sian Economic Union

№ 76 (21-05-19) On the classification of medals from non-precious metals in accordance with the single Commodity Nomenclature of Foreign Economic Ac-tivity of the Eurasian Economic Union

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Publication Date

Title

№ 77 (21-05-19) On the classification of the concentrate for the preparation of a soft drink in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union

№ 78 (21-05-19) On Amendments to Section 20 of Chapter II of the Unified Sanitary-Epidemiological and Hygienic Requirements for Products (Goods) Subject to Sanitary-Epidemiological Supervision (Control)

№ 79 (21-05-19) On introducing changes to the Program for the development (amendment, revision) of intergovernmental standards, as a result of which vol-untary compliance with the requirements of the technical regulations of the Customs Union “On the safety of perfumery-cosmetic products” (ТР ТС 099/2011), as well as intergovernmental standards is ensured containing the rules and methods of research (testing) and measurements, including the rules for sampling necessary for the application and execution of the requirements of the technical regulations of the Customs On the Safety of Perfumery and Cos-metic Products (TR CU 009/2011) and the assessment of compliance of tech-nical regulation objects

№ 80 (21-05-19) On Amendments to the Decision of the Commission of the Customs Union of September 23, 2011 No. 799

№ 81 (21-05-19) About the Program for the Development (Amendment, Revi-sion) of Interstate Standards Containing Rules and Methods for Research (Testing) and Measurements, including Sampling Rules, Required to Apply and Fulfill the Requirements of the Technical Regulations of the Eurasian Economic Union and fire suppression "(EAEU TR 043/2017) and implementation of con-formity assessment of technical regulation objects

№ 82 (21-05-19) On the extension of the antidumping measures in respect of steel forged rolls for metal rolling mills originating from Ukraine and imported into the customs territory of the Eurasian Economic Union

№ 83 (21-05-19) On Amendments to the Decisions of the Commission of the Customs Union and the Board of the Eurasian Economic Commission

07-06-19

№ 84 (04-06-19) On the classification of artificial corundum in accordance with the single Commodity Nomenclature of Foreign Economic Activity of the Eura-sian Economic Union

№ 85 (04-06-19) On fulfillment by the Republic of Armenia of obligations within the framework of the functioning of the internal market of the Eurasian Eco-nomic Union

№ 86 (04-06-19) On the recognition invalid of the Decision of the Commission of the Customs Union of June 22, 2011 No. 687

№ 87 (04-06-19) On Amendments to the Notes to the Unified Commodity No-menclature for Foreign Economic Activity of the Eurasian Economic Union

№ 88 (04-06-19) On making amendments to note 5 to the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union

№ 89 (04-06-19) On Amendments to the Instruction on the Procedure for Filling Goods Declarations

№ 90 (04-06-19) On automatic licensing (supervision) of import of certain types of steel pipes

№ 91 (04-06-19) On Amendments to the Decision of the Board of the Eurasian Economic Commission of December 8, 2015 No. 164

№ 92 (04-06-19) On introducing changes to subparagraph 3 of paragraph 6 of the Instruction on the procedure for the use of transport (transportation), com-mercial and (or) other documents as a declaration of goods

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

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last updated 28 May 2019. The table lists the tariff codes, a description, rationale

(GRIs) for the decision.

AFRICA (OTHER THAN N. AFRICA)

SOUTH AFRICA

South African Customs and Excise Act Amendments of Rules and Tariff Schedules

Date Publication

Details Subject

Implementa-tion Date

24-05-19

GG.42475 R.752

Amendment to Part 1 of Schedule No. 1 by the sub-stitution of items 8471.30.10, 8471.41.10 and 8471.49.10 to clarify the scope of computers that are subject to payment of ad valorem excise duties

Notice R.752

With retro-spective ef-fect from 01-

04-19 GG.42475

R.753

Amendment to Part 2B of Schedule No. 1 by the sub-stitution of items 124.11.01, 124.11.05 and 124.11.09 to clarify the scope of computers that are subject to payment of ad valorem excise duties

Notice R.753

GG.42475 R.747

Amendment to Part 1 of Schedule No. 1 by the sub-stitution of tariff subheadings 1001.91 and 1001.99 as well as 1101.00.10 and 1101.00.90 to increase the rate of customs duty on wheat and wheaten flour from 49,07c/kg and 73,61c/kg to 67,51c/kg and 101,26c/kg respectively, in terms of the existing varia-ble tariff formula – Minute 14/2018

Notice R.747

24-05-19 GG.42475 R.748

Amendment to Part 2 of Schedule No. 4 by the inser-tion of rebate items 460.15/7604.29.15/01.08 and 460.15/7604.29.65 in order to create a temporary re-bate provision for aluminium bars, rods and profiles for use in the manufacture of stabilisation fins – ITAC Report 597

Notice R.748

GG.42475 R.751

Amendment to Part 1 of Schedule No. 1 by the dele-tion of tariff subheading 6210.10.20 and the insertion of tariff subheading 6210.10.50 in order to review the description from “disposable panties” to “disposable underwear” as well as increase the rate of customs duty from free to 40% – ITAC Report No. 598

Notice R.751

GG.42475 R.750

Amendment to Part 3 of Schedule No. 2 in order to subject import from Chinese Taipei (Taiwan) to the payment of safeguard duties on certain flat hot-rolled steel products – Extension on ITAC Report 551

Notice R.750

24-05-19 up to and in-

cluding 10-08-19

GG.42475 R.749

Amendment to Part 3 of Schedule No. 2 in order to subject import from Chinese Taipei (Taiwan) to the payment of safeguard duties on certain flat hot-rolled steel products – Extension on ITAC Report 551

Notice R.749

With effect from 11-08-19 up to and including 10-

08-20

31-05-19

GG.42497 R.843

Amendment to Part 5A of Schedule No. 1, to give ef-fect to the budget proposal to implement the carbon fuel tax on fuel as announced by the Minister of Fi-nance on 20 February 2019 to give effect to the budget proposal to implement the carbon fuel tax on

With effect from 05-06-

19

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Date Publication

Details Subject

Implementa-tion Date

fuel as announced by the Minister of Finance on 20 February 2019

Notice R.843

GG.42497 R.844

Amendment to Part 3 of Schedule No. 6, to exclude the carbon fuel tax as announced by the Minister of Finance on 20 February 2019 from the diesel refund scheme

Notice R.844

GG.42497 R.845

Amendment to the Rules in terms of the Customs & Excise Act, 1964, relating to part-shipment

Notice R.845 31-05-19

13-06-19

GG R

Amendment to Part 1 of Schedule No. 1 by the sub-stitution 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 67.51c/kg and 101.26c/kg to 95.80c/kg and 143.69c/kg respectively, in terms of the existing variable tariff formula – Minute 03/2019

14-06-19

NEWSLETTERS, REPORTS, ARTICLES, ETC.

Baker & McKenzie Global VAT/GST Newsletter

Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into

important developments in the field of VAT/GST across the globe. In order to

maximize the effectiveness of this newsletter to you, most articles are brief and

are designed to flag topics that are likely to affect multi-national businesses. Con-

tacts for the Global VAT/GST Newsletter are:

Jochen Meyer-Burrow, Partner, jochen.meyer-burow@bakermckenzie.com

Martin Morawski, Associate, martin.morawski@bakermckenzie.com

Publications, Alerts, Newsletters

The following Baker & McKenzie publications, client alerts, legal alerts, newslet-

ters or postings released during the period of coverage of this Update may be of

interest to you:

Subject

International Trade, Tax and Anti-corruption

Global International Trade Compliance Update – May 2019 {older issues}

International Trade Client Alert: OFAC Publishes "A Framework for Compliance Commit-ments"

International Commercial & Trade Client Alert: US Government Imposes Comprehensive Restrictions on Exports/Reexports to Huawei and its Affiliates and Issues Executive Order to Secure Information and Communications Technology and Services in the United States

International Commercial & Trade Client Alert: Executive Order on Securing the Informa-tionand Communications Technology and Services Supply Chain

Mexico International Commercial Client Alert 15 - Mexico lifts retaliatory measure imposed to U.S. goods in response to duties on steel and aluminum products (Eng.); México levanta medida de represalia impuesta a bienes estadounidenses en respuesta a aranceles a pro-ductos de acero y aluminio (Span.)

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Subject

Mexico International Commercial Client Alert 18 - Draft Decree Creating the Federal Civil Aviation Agency (Eng.); Anteproyecto del Decreto de Creación de la Agencia Federal de Aviación Civil (Span.)

Thailand Client Alert: Thailand Increases Protection of Domestic Industries

Vietnam International Commercial & Trade Client Alert: New regulations restrict imports of used machines, equipment, and technological lines from 15 June 2019

Iran announces partial withdrawal from 2015 Nuclear Deal [Sanctions & Export Controls Update]

Beijing/Hong Kong/Shanghai Tax and Trade Client Alert: China Retaliatory Tariffs – Prod-uct Exclusion Process

Insight: Seven Things to Consider When Transacting in Africa

Australia Tax Legal Alert: Victorian 2019-20 State Budget

Insight: Argentina New Fair Trade Regulations

Other areas

Kyiv Fin Tech Client Alert: National Bank of Ukraine launched fintech "sand box" pilot pro-ject (Eng.); Національний банк України (НБУ) розпочав пілотний проект для стимулювання розвитку фінансових технологій (Ukr.); Национальный банк Украины запустил пилотный проект для стимулирования развития финансовых технологий (Russ.)

Insight: Hungary – GDPR-related Developments by Sector

Insight: Poland – Further Changes to Data Protection Laws in Poland

Insight: Australia - Ethics Guidelines for Artificial Intelligence

Kyiv Dispute Resolution Client Alert: Ukraine Introduces the New Bankruptcy Code (Eng.); В Україні оновлено процедури банкрутства (Ukr.)

EMEA Healthcare Newsletter - May 2019

Insight: General Data Protection Regulation (GDPR) in Africa: So What?

Insight: Digital Transformation in Russia: Keeping It Competitive

Insight: Kazakhstan Adopts Ethical Rules for Pharmaceutical Product and Medical Device Promotion

Insight: Thailand: Are You Truly Covered by Your International Registration?

Insight: The Mining Industry's Generation of Something New (South Africa)

Insight: The Importance of Trade Secret Protection for Franchisors

Trademark Trends 2019

Global Compliance News: Seven Things to Consider When Transacting in Africa

Insight: Thailand Cybersecurity Act is Effective

Insight: Thailand Personal Data Protection Act

Insight: UAE Regulates Internet of Things

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,

Details

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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 (Mex-ico City), Olof Johannesson (Stock-holm), Andrew Rose (London), and Riza Buditomo (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 making disclosures

Speakers: Ross Denton (Lon-don), John McKenzie (San Fran-cisco), Anahita Thoms (Dusseldorf), and Lise Test (DC)

Webinar Start Time: 08:00 AM (Pacific) - San Francisco 10:00 AM (Central) - Chicago 11:00 AM (Eastern) - DC 4:00 PM (GMT) - London 5:00 PM (CET) - Frankfurt 12:00 AM+ (CST) - Beijing 1:00 AM+ (JST) - Tokyo *see timeanddate.com for time in your location. Duration: 90 Minutes Login Details: Log-in details will be sent via email one week before the event. Webinar Series Lead: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) T +1 415 576 3021 teresa.gleason @bakermckenzie.com Jennifer F. Revis Partner (London) T 44 20 7919 1381 jenny.revis @bakermckenzie.com These webinars are all complimentary.

Questions: If you have any questions regarding this webinar series, please contact: Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 sal.gonzalez @bakermckenzie.com MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE

REGISTER NOW!

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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 (Shanghai). 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 imports developments: US, Brazil, China/Asia and Mexico

Speakers: Eunkyung Kim Shin (Chi-cago), Alessandra Machado (Sao Paolo), Frank Pan (Shanghai), and Armando 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 imports developments: EU, Middle East and Russia

Speakers: Nicole Looks (Frank-furt), Ana Royuela (Barcelona), Reg-gie Mezu (Dubai), and Vladimir Efremov (Moscow)

December 17 Managing Emerging Compliance Risks

Speakers: Tristan Grimmer (London), Christopher Burkett (Toronto), and Francesca Richmond (London)

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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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 sal.gonzalez@bakermckenzie.com

MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Vir-ginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uni-form CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certi-fied by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This program may earn newly admitted New York attorneys credit un-der Areas of Professional Practice. Baker & McKenzie LLP is an accredited

January 30

February 27 Customs Basic: How to Classify Your Products Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), Riza Buditomo (Jakarta) and Nicole Looks (Frankfurt)

March 27

Hot Topics in US, European, and Asian Ex-port Controls Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), Alex Lamy (DC), John McKenzie (San Francisco)

April 24

Customs Basic: How to determine the origin of your products Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto)

May 22 Russian and EU Customs Update Speakers: Alexander Bychkov (Moscow), Ni-cole Looks (Frankfurt) and Jenny Revis (Lon-don)

June 26 Customs Basic: How to value your products Speakers: Kevin Nordin (London), Jon Cow-ley (Hong Kong) and Brian Cacic (Toronto)

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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)

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?

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

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

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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-

ies of any of these notifications, please contact stuart.seidel@bakermcken-

zie.com who will try to obtain the text. Some notifications are only available in the

official language of the country publishing the notification. Note: All dates are

given as mm/dd/yyyy; National flags are not scaled for relative comparison.

Country Notification Date Issued Final Date

for Comments

Merchandise Covered

Albania ALB/91 06/06/2019 08/05/2019 Tobacco products

Argentina ARG/336/Add.2 04/26/2019 Not given Flexible aluminium tubes for product packaging

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

Argentina ARG/363 04/30/2019 06/08/2019 Mineral waters and aerated waters (HS 220110)

Argentina ARG/364 04/30/2019 06/08/2019 Dietary supplements; Food preparations not else-where specified or included (HS 2106)

Argentina ARG/361 04/26/2019 06/08/2019 Onions (HS 071220)

Argentina ARG/362 04/26/2019 06/08/2019 Anchorages for safety-belts and child restraint sys-tems; Other parts and accessories of bodies (in-cluding cabs) (HS 87082)

Argentina ARG/272/Add.4 05/06/2019 Not given Tobacco products

Argentina ARG/365 05/06/2019 06/14/2019 Foods for infants and small children

Argentina ARG/151/Add.20

05/21/2019 Not given Bicycles

Argentina ARG/362/Corr.1 05/21/2019 Not given Anchorages for safety-belts and child restraint sys-tems; Other parts and accessories of bodies (in-cluding cabs) (HS 87082)

Argentina ARG/309/Add.5 05/28/2019 Not given Textile products and footwear

Argentina ARG/348/Add.2 05/28/2019 Not given Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol.; spirits, liqueurs and other spirituous beverages (HS 2208)

Argentina ARG/366 06/03/2019 08/02/2019 Chemical substances for industrial use or contained in other products

Australia AUS/106/Add.1 06/04/2019 Not given Organisms that have been modified through the use of certain new technologies (genetically modified or-ganisms (GMO))

Bahrain, Kingdom of BHR/561/Corr.1 05/06/2019 Not given Labeling that must be written in Packages Tobacco Products

Bahrain, Kingdom of BHR/563 05/15/2019 07/14/2019

Waters, including mineral waters and aerated wa-ters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic bever-ages, not including fruit or vegetable juices of head-ing 20.09 (HS 2202); - Coconuts: (HS 08011)

Bolivia BOL/15 05/27/2019 07/24/2019

Gas, liquid or electricity supply or production me-ters, including calibrating meters therefor. Liquid meters: Water meters (only applies to potable water meters of a nominal diameter not exceeding 50 mm); Gas, liquid or electricity supply or production meters, including calibrating meters therefor (HS 9028)

Botswana BWA/103 05/10/2019 07/02/2019 Meat, meat products and other animal produce

Botswana BWA/104 05/10/2019 07/02/2019 Luminaires

Botswana BWA/105 05/10/2019 07/02/2019 Luminaires

Botswana BWA/106 05/10/2019 07/02/2019 Milk and milk products in general

Botswana BWA/107 05/10/2019 07/02/2019 Domestic safety

Botswana BWA/108 05/10/2019 07/02/2019 Cooking ranges, working tables, ovens and similar appliances (ICS 97.040.20)

Botswana BWA/109 05/10/2019 07/02/2019 Galvanic cells and batteries

Botswana BWA/110 05/10/2019 07/02/2019 Ventilators. Fans. Air-conditioners

Brazil BRA/808/Add.1 05/06/2019 Not given Nasal and oral inhalants medicines

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

Brazil BRA/825/Add.2 05/06/2019 Not given Residues and contaminants in products of animal origin (HS Code(s) 02; 03)

Brazil BRA/559/Add.8 05/14/2019 Not given Parts and accessories of vehicles of headings (HS 8711 to 8713, 8714)

Brazil BRA/865 05/14/2019 06/10/2019 Non-Enclosed Power Metering Systems

Brazil BRA/562/Add.3 05/27/2019 Not given Other electric lamps and lighting fittings (HS 9405.40)

Brazil BRA/866 05/27/2019 07/21/2019 HS: 85015110 - squirrel cage induction motor, three-phase type.

Brazil BRA/853/Add.1 06/03/2019 Not given

Export and import certification of beverages, fer-mented acetic, wines and wine and grapes derived products (HS 20.09; 22.04; 22.05; 22.06; 22.07; 22.08; 22.09)

Brazil BRA/867 06/03/2019 Not given

Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage (HS 06), Edible vegetables and certain roots and tubers (HS 07), Edible fruit and nuts; peel of citrus fruit or mel-ons (HS 08)

Brazil BRA/868 06/03/2019 Not given Beverages HS: 2208

Brazil BRA/869 06/03/2019 Not given All goods subject to import permits

Brazil BRA/870 06/06/2019 08/01/2019 Good Manufacturing Practices for Medicinal Prod-ucts HS Codes: 3003; 3004; 3005; 2941.

Brazil BRA/871 06/06/2019 Not given Pharmaceutical ingredients HS Codes: 2941; 30

Brazil BRA/872 06/06/2019 07/12/2019 HS Codes: 3402; 340119; 340120; 330290 (sanitiz-ing products)

Brazil BRA/873 06/06/2019 07/12/2019 HS Codes: 3303; 3304; 3305; 3306;3307; 340111; 340130; 9616; 9619 (personal hygiene products, cosmetics, and perfumes)

Brazil BRA/840/Add.1 06/07/2019 Not given Sardines/pre packed (HS 160413)

Brazil BRA/874 06/07/2019 08/05/2019 HS Chapter 28 - Inorganic chemicals

Brazil BRA/588/Add.2 06/12/2019 Not given Dental bleaching agents classified as medical de-vices

Brazil BRA/875 06/12/2019 Not given HS CODE 3822 Reference medicine

Brazil BRA/605/Add.3 06/13/2019 Not given Equipment under a health surveillance

Brazil BRA/876 06/13/2019 08/19/2019 HS 0703.10.1 - Onions

Burundi BDI/29 05/15/2019 07/14/2019 Cosmetics. Toiletries (Air freshener aerosols)

Burundi BDI/30 05/15/2019 07/14/2019 Cosmetics. Toiletries (Lip shine (gloss))

Burundi BDI/31 05/15/2019 05/14/2019 Cosmetics. Toiletries (Lipstick)

Burundi BDI/32 05/15/2019 07/14/2019 Cosmetics. Toiletries (Hair extensions)

Burundi BDI/33 05/23/2019 07/22/2019 Fish and fishery products (Fresh fish)

Burundi BDI/34 05/23/2019 07/22/2019 Fish and fishery products (Fish sausages)

Burundi BDI/35 05/23/2019 07/22/2019 Fish and fishery products (Frozen octopus)

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

Burundi BDI/36 05/23/2019 07/22/2019 Fish and fishery products (Frozen tuna loins)

Burundi BDI/37 05/23/2019 07/22/2019 Fish and fishery products (Processing and handling of prawns or shrimps)

Burundi BDI/38 05/23/2019 07/22/2019 Fish and fishery products (Quick frozen prawns or shrimps)

Burundi BDI/39 05/23/2019 07/22/2019 Fish and fishery products (Smoked fish, smoke-fla-voured and smoke-dried fish)

Burundi BDI/40 05/23/2019 07/22/2019 Fish and fishery products (Fish protein concentrate)

Burundi BDI/41 05/23/2019 07/22/2019 Fish and fishery products (Fried fish)

Burundi BDI/42 05/23/2019 07/22/2019 Fish and fishery products (Frozen lobster tails)

Burundi BDI/43 05/23/2019 07/22/2019 Cosmetics. Toiletries (Aftershave)

Burundi BDI/44 05/23/2019 07/22/2019 Cosmetics. Toiletries (Baby oils)

Burundi BDI/45 05/23/2019 07/22/2019 Cosmetics. Toiletries (Body oils)

Burundi BDI/46 05/23/2019 07/22/2019 Cosmetics. Toiletries (Deodorants and antiperspi-rants)

Burundi BDI/47 05/23/2019 Not given Cosmetics. Toiletries (Glycerine for cosmetic indus-try)

Burundi BDI/48 05/24/2019 07/23/2019 Cosmetics. Toiletries (Hair spray)

Burundi BDI/49 05/24/2019 07/23/2019 Cosmetics. Toiletries (Lip balm (Lip salve))

Burundi BDI/50 05/24/2019 07/23/2019 Fish and fishery products (Crackers)

Burundi BDI/51 05/24/2019 07/23/2019 Fish and fishery products (Tuna canned in oil)

Burundi BDI/52 05/28/2019 07/27/2019 Reusable sanitary towels

Burundi BDI/53 05/28/2019 07/27/2019 Disposable adult diapers

Burundi BDI/54 05/28/2019 07/27/2019 Disposable baby diapers

Burundi BDI/55 05/28/2019 07/27/2019 Fabrics for household curtains and drapery

Burundi BDI/56 05/28/2019 07/27/2019 Fishing gill nets

Burundi BDI/57 05/28/2019 07/27/2019 Woven polyolefin sacks (bags) for cement

Canada CAN/427/Rev.2/Add.1

05/02/2019 Not given

Canada CAN/557/Add.1 05/07/2019 Not given Tobacco and vaping products

Canada CAN/531/Add.1 05/08/2019 Not given Corded Window Coverings (may include Consumer Products (not including food, therapeutics or cos-metics))

Canada CAN/586 05/08/2019 07/17/2019 Radiocommunications; electromagnetic compatibil-ity (EMC) including radio interference

Canada CAN/587 05/14/2019 07/19/2019 Drug products, biologics, and veterinary drugs

Canada CAN/573/Add.1 05/17/2019 Not given

• 4-Anilino-N-phenethylpiperidine (ANPP) (N-phe-nyl-1-(2-phenylethyl)piperidine-4-amine), its salts, derivatives, and analogues and salts of derivatives and analogues • Derivatives and analogues of 3,4-

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

methylenedioxyphenyl-2-propanone, including me-thyl 3-(1,3-benzodioxol-5-yl)-2-methyloxirane-2-car-boxylate (MMDMG) • Derivatives and analogues of 1-phenyl-2-propanone, including methyl 2-methyl-3-phenyloxirane-2-carboxylate (BMK methyl glyci-date) and 3-oxo-2-phenylbutanamide (?-phe-nylacetoacetamide-APAA) • Derivatives and ana-logues of norfentanyl • Benzylfentanyl (N-(1-ben-zylpiperidin-4-yl)-N-phenylpropionamide), its salts, derivatives and analogues

Canada CAN/574/Add.1 06/03/2019 Not given Alcoholic beverages

Canada CAN/588 06/04/2019 Not given Drug Products - Prescription and Non-prescription

Canada CAN/589 06/11/2019 08/16/2019 Radiocommunications

Chile CHL/474 05/08/2019 07/07/2019 Lighting chains

Chile CHL/475 05/08/2019 07/07/2019 Sealed lighting chains

Chile CHL/462/Add.1 05/14/2019 Not given

Cold-formed carbon steel structural piping with lon-gitudinal seams (welded) and a rectangular, squared, round or special shape, for use in con-struction (bolted, riveted and welded structures), and for general structural purposes

Chile CHL/463/Add.1 05/14/2019 Not given

Structural sections of cold-formed carbon steel manufactured using profiling machines, with a L, U, C, Z or special shape, for use in construction (bolted, riveted and welded structures), and for gen-eral structural purposes.

Chile CHL/476 06/04/2019 08/03/2019 Gas-fired water heaters

China CHN/1318 04/29/2019 06/28/2019

Electric buses of category M2, M3, including pure electric buses and hybrid electric buses; Vehicles other than railway or tramway rolling- stock, and parts and accessories thereof (HS 87)

China CHN/1319 04/29/2019 06/28/2019 Electric vehicles; Vehicles other than railway or tramway rolling- stock, and parts and accessories thereof (HS 87)

China CHN/1320 04/29/2019 06/28/2019

Electric vehicles traction battery cells, packs or sys-tems; Vehicles other than railway or tramway roll-ing- stock, and parts and accessories thereof (HS 87)

China CHN/1321 04/29/2019 06/28/2019

Consumer Products (products regulated by specific laws and regulations, such as foods, drugs, tobacco products, aircraft, civil vessels, automobile prod-ucts, special equipment, fireworks and crackers, etc. are excluded.)

China CHN/1322 05/01/2019 06/29/2019 Electronic Cigarette; Tobacco and manufactured to-bacco substitutes (HS 24)

China CHN/1323 05/01/2019 06/29/2019 Sheep wool; -- Shorn wool (HS 510111)

China CHN/1324 05/01/2019 06/29/2019

Cast Cobalt-Chromium-Molybdenum Alloy for Sur-gical Implants; Orthopaedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability (HS 9021)

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

China CHN/1325 05/01/2019 06/29/2019

Vehicles and trailers that transport firework prod-ucts and civil black powder, ignition harness for pro-ducing purpose; Vehicles other than railway or tramway rolling- stock, and parts and accessories thereof (HS 87)

China CHN/1326 05/01/2019 06/29/2019 Transfusion sets for single use; -- Other (HS 901839)

China CHN/1327 05/01/2019 06/29/2019

Sprinklers of automatic sprinkler system; Mechani-cal appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or pow-ders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting ma-chines (HS 8424)

China CHN/1328 05/01/2019 06/29/2019 Motorcycles and mopeds; Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars (HS 8711)

China CHN/1329 05/01/2019 06/29/2019 Standardization. General rules

China CHN/1330 05/15/2019 07/14/2019

Boilers; Steam or other vapour generating boilers (other than central heating hot water boilers capa-ble also of producing low pressure steam); super-heated water boilers (HS 8402); Central heating boilers other than those of heading 84.02 (HS 8403)

China CHN/1331 06/06/2019 08/05/2019 Cosmetics (HS: 33)

Colombia COL/228/Add.3 06/04/2019 Not given Zinc-carbon and alkaline cells and batteries (HS tar-iff subheadings 8506.10.11.00, 8506.10.19.00, 8506.10.91.10, 8506.10.91.90 and 8506.10.99.00)

Ecuador ECU/10/Add.2 04/24/2019 Not given Product labelling

Ecuador ECU/385 04/26/2019 06/25/2019

8703.31 - Of a cylinder capacity not exceeding 1,500 cc; Of a cylinder capacity not exceeding 1,000 cc (HS 870321); g.v.w. not exceeding 5 tonnes (HS 870421); g.v.w. not exceeding 5 tonnes (HS 870431); With reciprocating internal combus-tion piston engine of a cylinder capacity not exceed-ing 50 cc (HS 871110); With reciprocating internal combustion piston engine of a cylinder capacity ex-ceeding 50 cc but not exceeding 250 cc (HS 871120); With reciprocating internal combustion piston engine of a cylinder capacity exceeding 250 cc but not exceeding 500 cc (HS 871130); With re-ciprocating internal combustion piston engine of a cylinder capacity exceeding 500 cc but not exceed-ing 800 cc (HS 871140); With reciprocating internal combustion piston engine of a cylinder capacity ex-ceeding 800 cc (HS 871150)

Ecuador ECU/386 04/26/2019 06/25/2019

Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials (HS 6404); Other footwear (HS 6405); Other footwear (HS 64029); Other footwear with outer soles of leather (HS 64035); Other footwear (HS 64039); Covering the ankle but not covering the knee (HS 640192); Other (HS 640199); Other (HS 640219); Footwear with upper straps or thongs assembled to the sole by means of plugs (HS 640220); Other (HS 640319); Footwear with outer

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

soles of leather, and uppers which consist of leather straps across the instep and around the big toe (HS 640320)

Ecuador ECU/390 04/26/2019 06/25/2019

090421 Dried, neither crushed nor ground; 090422 Crushed or ground; 090510 Neither crushed nor ground; 090520 Crushed or ground; 090611 Cinna-mon (Cinnamomum zeylanicum Blume); 090619 Other; 090710 Neither crushed nor ground; 090720 Crushed or ground; 090811 Neither crushed nor ground; 090812 Crushed or ground; 090821 Neither crushed nor ground; 090822 Crushed or ground; 090831 Neither crushed nor ground; 090832 Crushed or ground; 090921 Neither crushed nor ground; 090922 Crushed or ground; 090931 Neither crushed nor ground; 090932 Crushed or ground; 090961 Neither crushed nor ground; 090962 Crushed or ground; 091011 Neither crushed nor ground; 091012 Crushed or ground; 091091 Mix-tures referred to in Note 1 (b) to this Chapter; Other (HS 121190); Mustard flour and meal and prepared mustard (HS 210330); Other (HS 210390); Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta (HS 0904); Vanilla (HS 0905); Cinnamon and cinna-mon-tree flowers (HS 0906); Cloves (whole fruit, cloves and stems) (HS 0907); Nutmeg, mace and cardamoms (HS 0908); Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries (HS 0909); Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices (HS 0910); Celery other than celeriac (HS 070940); Other vegetables; mixtures of vegetables (HS 071290)

Ecuador ECU/392 04/26/2019 06/25/2019

Liquid dielectric transformers (HS 85042); Having a power handling capacity exceeding 1 kVA but not exceeding 16 kVA (HS 850432); Having a power handling capacity exceeding 16 kVA but not ex-ceeding 500 kVA (HS 850433); Having a power handling capacity exceeding 500 kVA (HS 850434)

Ecuador ECU/373 04/24/2019 06/23/2019

8702.20 - With both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion; 8702.30 - With both spark-ignition internal combus-tion reciprocating piston engine and electric motor as motors for propulsion; 8702.40 - With only elec-tric motor for propulsion; 8703.40 - Other vehicles, with both spark-ignition internal combustion recipro-cating piston engine and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power; 8703.50 - Other vehicles, with both com-pression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power; 8703.60 - Other vehicles, with both spark-ig-nition internal combustion reciprocating piston en-gine and electric motor as motors for propulsion,

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capable of being charged by plugging to external source of electric power; 8703.70 - Other vehicles, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, capable of being charged by plugging to external source of electric power; 8703.80 - Other vehicles, with only electric motor for propulsion; Tractors (other than tractors of heading 87.09) (HS 8701); Motor vehicles for the transport of ten or more persons, including the driver (HS 8702); 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); Motor vehicles for the transport of goods (HS 8704); Spe-cial purpose motor vehicles, other than those princi-pally designed for the transport of persons or goods (for example, breakdown lorries, crane lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units) (HS 8705); Chassis fitted with engines, for the motor vehicles of headings 87.01 to 87.05 (HS 8706)

Ecuador ECU/374 04/24/2019 06/23/2019 Dummies/pacifiers 701349 - Other; (HS: 3924, 401490, 701399)

Ecuador ECU/375 04/24/2019 06/23/2019

090510 - Neither crushed nor ground; 090520 - Crushed or ground; 090611 - Cinnamon (Cin-namomum zeylanicum Blume); 090619 - Other; 090710 - Neither crushed nor ground; 090720 - Crushed or ground 090961 - Neither crushed nor ground; 090962 - Crushed or ground; 091011 - Nei-ther crushed nor ground; 220299 - Energy drinks, including aerated drinks; Extracts, essences and concentrates, of coffee, and preparations with a ba-sis of these extracts, essences or concentrates or with a basis of coffee (HS 21011); Ginseng roots (HS 121120); Other (HS 121190); Extracts, es-sences and concentrates, of tea or maté, and prep-arations with a basis of these extracts, essences or concentrates or with a basis of tea or maté (HS 210120); Other (HS 210690); Other (HS 090190); Crushed or ground (HS 090620); Coffee roasted (HS 09012); Mixtures of nuts or dried fruits of this Chapter (HS 081350); Maté (HS 0903)

Ecuador ECU/376 04/24/2019 06/23/2019

Barbed wire of iron or steel; twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of a kind used for fencing, of iron or steel (HS 7313); Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 83.05) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper (HS 7317); Not plated or coated, whether or not polished (HS 721710); Plated or coated with zinc (HS 721720); Other (HS 731419); Plated or coated with zinc (HS 731431); Plated or coated with zinc (HS 731441)

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Ecuador ECU/377 04/24/2019 06/23/2019 Bicycles and other cycles (including delivery tricy-cles), not motorised (HS 8712); Other (HS 87149); Other (HS 871190)

Ecuador ECU/378 04/24/2019 06/23/2019

Paints and varnishes (including enamels and lac-quers) 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 var-nishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium (HS 3209); Other paints and varnishes (in-cluding enamels, lacquers and distempers); pre-pared water pigments of a kind used for finishing leather (HS 3210); Other (HS 321290); Colours in sets (HS 321310); Glaziers' putty, grafting putty, resin cements, caulking compounds and other mas-tics; painters' fillings (HS 321410); Other (HS 390799)

Ecuador ECU/379 04/24/2019 06/23/2019

870220 - With both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion; 870230 - With both spark-ignition internal combustion recip-rocating piston engine and electric motor as motors for propulsion; 870240 - With only electric motor for propulsion; Motor vehicles for the transport of ten or more persons, including the driver (HS 8702)

Ecuador ECU/380 04/24/2019 06/23/2019

Other (HS 730890); Boards, panels, consoles, desks, cabinets and other bases for the goods of heading 85.37, not equipped with their apparatus (HS 853810); Other metal furniture (HS 940320)

Ecuador ECU/381 04/24/2019 06/23/2019 Of non-malleable cast iron (HS 732510); Other (HS 732599)

Ecuador ECU/382 04/24/2019 06/23/2019 Organic composite solvents and thinners, not else-where specified or included; prepared paint or var-nish removers (HS 3814)

Ecuador ECU/383 04/24/2019 06/23/2019

Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow (HS 2201)

Ecuador ECU/384 04/24/2019 06/23/2019

040140 - Of a fat content, by weight, exceeding 6% but not exceeding 10%; 040150 - Of a fat content, by weight, exceeding 10%; Other (HS 190190); Of a fat content, by weight, not exceeding 1% (HS 040110); Of a fat content, by weight, exceeding 1% but not exceeding 6% (HS 040120); Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of nat-ural milk constituents, whether or not containing added sugar or other sweetening matter, not else-where specified or included (HS 0404); Cheese and curd (HS 0406); Butter and other fats and oils de-rived from milk; dairy spreads (HS 0405); Butter-milk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or

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containing added fruit, nuts or cocoa (HS 0403); Milk and cream, concentrated or containing added sugar or other sweetening matter (HS 0402)

Ecuador ECU/401 05/03/2019 07/02/2019 Ice cream and other edible ice, whether or not con-taining cocoa (HS 2105); Other (HS 210690)

Ecuador ECU/402 05/03/2019 07/02/2019 Sugar confectionery (including white chocolate), not containing cocoa (HS 1704)

Ecuador ECU/403 05/03/2019 07/02/2019 Machines, each of a dry linen capacity not exceed-ing 10 kg: (HS 84501); Machines, each of a dry linen capacity exceeding 10 kg (HS 845020)

Ecuador ECU/404 05/03/2019 07/02/2019 Lead-acid, of a kind used for starting piston engines (HS 850710); Other lead-acid accumulators (HS 850720)

Ecuador ECU/387 04/26/2019 06/25/2019

852872 Other, colour; Reception apparatus for tele-vision, whether or not incorporating radio-broadcast receivers or sound or video recording or reproduc-ing apparatus; video monitors and video projectors (HS 8528)

Ecuador ECU/388 04/26/2019 06/25/2019

8702.20 With both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion; 8702.30 With both spark-ignition internal combus-tion reciprocating piston engine and electric motor as motors for propulsion; 8703.23 With four-wheel drive; 8703.40 Other vehicles, with both spark-igni-tion internal combustion reciprocating piston engine and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power; 8703.50 Other ve-hicles, with both compression-ignition internal com-bustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, other than those capable of being charged by plugging to ex-ternal source of electric power; 8703.60 Other vehi-cles, with both spark-ignition internal combustion re-ciprocating piston engine and electric motor as mo-tors for propulsion, capable of being charged by plugging to external source of electric power; 8703.70 Other vehicles, with both compression-igni-tion internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for pro-pulsion, capable of being charged by plugging to external source of electric power; Motor vehicles for the transport of ten or more persons, including the driver (HS 8702); 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); Motor vehicles for the transport of goods (HS 8704); Spe-cial purpose motor vehicles, other than those princi-pally designed for the transport of persons or goods (for example, breakdown lorries, crane lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units) (HS 8705); Chassis fitted with engines, for the motor vehicles of headings

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87.01 to 87.05 (HS 8706); Road tractors for semi-trailers (HS 870120)

Ecuador ECU/389 04/26/2019 06/25/2019

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not pre-pared (HS 1902); Of wheat (HS 110311); Of maize (corn) (HS 110313); Bulgur wheat (HS 190430); Other (HS 190490); Crispbread (HS 190510); Gin-gerbread and the like (HS 190520); Rusks, toasted bread and similar toasted products (HS 190540)

Ecuador ECU/364/Corr.1 05/07/2019 Not given Steel corrugated angles, shapes and sections and posts for guardrails; Other (HS 730890)

Ecuador ECU/395 04/30/2019 06/29/2019 Sweet biscuits; waffles and wafers: (HS 19053); Other (HS 190590)

Ecuador ECU/396 04/30/2019 06/29/2019 Potatoes (HS 200410)

Ecuador ECU/397 04/30/2019 06/29/2019

Of size and shape suitable for incorporation in vehi-cles, aircraft, spacecraft or vessels (HS 700711); Of size and shape suitable for incorporation in vehi-cles, aircraft, spacecraft or vessels (HS 700721); Other (HS 870829)

Ecuador ECU/398 04/30/2019 06/29/2019

Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing less than 70% by weight of petroleum oils or oils obtained from bituminous minerals (HS 3819)

Ecuador ECU/391 04/26/2019 06/25/2019

Vinegar and substitutes for vinegar obtained from acetic acid (HS 2209); Tomato ketchup and other tomato sauces (HS 210320); Mustard flour and meal and prepared mustard (HS 210330)

Ecuador ECU/399 04/30/2019 06/29/2019

6813.20.00.00 Containing asbestos; 6813.81.00.00 Brake linings and pads; 6813.89.00.00 Other; Brakes and servo-brakes and parts thereof (HS 87083)

Ecuador ECU/400 04/30/2019 06/29/2019

150110 - Lard; Olive oil and its fractions, whether or not refined, but not chemically modified (HS 1509); Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 15.09 (HS 1510); Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared (HS 1516); Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their frac-tions of heading 15.16 (HS 1517); Other (HS 150790); Other (HS 150890); Other (HS 151190); Other (HS 151219); Other (HS 151419); Other (HS 151499); Other (HS 151529); Sesame oil and its fractions (HS 151550); Other (HS 151590)

Ecuador ECU/393 04/30/2019 0

853950: Light-emitting diode (LED) lamps; Other fixed capacitors (HS 85322); Relays (HS 85364); Ballasts for discharge lamps or tubes (HS 850410); Static converters (HS 850440); Fixed capacitors de-

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signed for use in 50/60 Hz circuits and having a re-active power handling capacity of not less than 0.5 kvar (power capacitors) (HS 853210); Variable or adjustable (pre-set) capacitors (HS 853230); Other, of a power not exceeding 200 W and for a voltage exceeding 100 V (HS 853922); Other (HS 853929); Mercury or sodium vapour lamps; metal halide lamps (HS 853932); Other (HS 853939); Other (HS 853949); Photosensitive semiconductor devices, in-cluding photovoltaic cells whether or not assembled in modules or made up into panels; light-emitting di-odes (HS 854140); Other electric lamps and lighting fittings (HS 940540)

Ecuador ECU/394 04/30/2019 06/29/2019 Window or wall types, self-contained or "split-sys-tem" (HS 841510); Other, incorporating a refrigerat-ing unit (HS 841582)

Ecuador ECU/410 05/13/2019 07/12/2019 7304.24.00.00 Other, of stainless steel; Other (HS 730429) (Steel pipes)

Ecuador ECU/411 05/13/2019 07/12/2019

392410: Other; Carboys, bottles, flasks and similar articles (HS 392330); Stoppers, lids, caps and other closures (HS 392350); Other (HS 392390); Other (HS 392490)

Ecuador ECU/405 05/03/2019 07/02/2019

7615.10 Table, kitchen or other household articles and parts thereof; pot scourers and scouring or pol-ishing pads, gloves and the like; Of stainless steel (HS 732393) (Household pressure cookers)

Ecuador ECU/406 05/03/2019 07/02/2019 852872 - Other, colour (Televisions)

Ecuador ECU/407 05/03/2019 07/02/2019 Safety headgear (HS 650610)

Ecuador ECU/408 05/03/2019 07/02/2019

950300: Tricycles, scooters, pedal cars and similar wheeled toys; dolls' carriages; dolls; other toys; re-duced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds.

Ecuador ECU/409 05/03/2019 07/02/2019 Oil or petrol-filters for internal combustion engines (HS 842123); Intake air filters for internal combus-tion engines (HS 842131); Other (HS 842199)

Ecuador ECU/416 05/13/2019 07/12/2019

Baths, shower-baths, sinks and wash-basins (HS 392210); Other, including parts (HS 732490); Sani-tary ware and parts thereof (HS 741820); Other ap-pliances (HS 848180)

Ecuador ECU/417 05/13/2019 07/12/2019 Mercury or sodium vapour lamps; metal halide lamps (HS 853932)

Ecuador ECU/412 05/03/2019 07/02/2019 Exercise books (HS 482020)

Ecuador ECU/413 05/13/2019 07/12/2019 Pressure-reducing valves (HS 848110)

Ecuador ECU/414 05/03/2019 07/02/2019 Lifts and skip hoists (HS 842810); Escalators and moving walkways (HS 842840)

Ecuador ECU/415 05/13/2019 07/12/2019

Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars (HS 8711); Of a cylinder capacity not ex-ceeding 1,000 cc (HS 870321)

Ecuador ECU/418 05/03/2019 07/02/2019

Generating sets with compression-ignition internal combustion piston engines (diesel or semi-diesel engines) (HS 85021); Generating sets with spark-ignition internal combustion piston engines (HS 850220)

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Ecuador ECU/419 05/13/2019 07/12/2019 Other ovens; cookers, cooking plates, boiling rings, grillers and roasters (HS 851660)

Ecuador ECU/420 05/13/2019 07/12/2019 Microwave ovens (HS 851650)

Ecuador ECU/421 05/13/2019 07/12/2019 Food grinders and mixers; fruit or vegetable juice extractors (HS 850940); Other appliances (HS 850980)

Ecuador ECU/422 05/13/2019 07/12/2019 Other jacks and hoists, hydraulic (HS 842542); Other (HS 842549)

Ecuador ECU/423 05/13/2019 07/12/2019 Other locks (HS 830140)

Ecuador ECU/424 05/14/2019 Not given 8544.42 -- Fitted with connectors; Co-axial cable and other co-axial electric conductors (HS 854420); Other (HS 854449)

Ecuador ECU/426 05/16/2019 07/15/2019

1701.13.00.00 -- Cane sugar specified in Subhead-ing Note 2 to this Chapter; 1701.14.00.00 -- Other cane sugar; - Other (HS 17019); Beet sugar (HS 170112)

Ecuador ECU/427 05/16/2019 07/15/2019 Other ovens; cookers, cooking plates, boiling rings, grillers and roasters (HS 851660)

Ecuador ECU/428 05/16/2019 07/15/2019 Electric instantaneous or storage water heaters and immersion heaters (HS 851610)

Ecuador ECU/429 05/16/2019 07/15/2019 Toilet paper (HS 481810); Tablecloths and servi-ettes (HS 481830); Other (HS 481890)

Ecuador ECU/430 05/16/2019 07/15/2019 Other centrifugal pumps (HS 841370)

Ecuador ECU/431 05/17/2019 07/16/2019 570420 - Having a maximum surface area exceed-ing 0.3 m² but not exceeding 1 m²; Carpets and other textile floor coverings (HS 57)

Ecuador ECU/432 05/17/2019 07/16/2019 Of the household type (HS 842211) (Dishwashers)

Ecuador ECU/433 05/17/2019 07/16/2019

Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels, spectacle cases, bin-ocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or beverages bags, toilet bags, rucksacks, handbags, shopping-bags, wallets, purses, map-cases, cigarette-cases, to-bacco-pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder-boxes, cutlery cases and similar containers, of leather or of com-position leather, of sheeting of plastics, of textile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper (HS 4202)

Ecuador ECU/434 05/17/2019 07/16/2019 Liquid meters (HS 902820)

Ecuador ECU/435 05/17/2019 07/16/2019 Hair clippers (HS 851020)

Ecuador ECU/436 05/17/2019 07/16/2019 Safety or relief valves (HS 848140); Other appli-ances (HS 848180)

Ecuador ECU/437 05/20/2019 07/19/2019 Instantaneous or storage water heaters, non-elec-tric: (HS 84191)

Ecuador ECU/438 05/20/2019 07/19/2019

Aluminium casks, drums, cans, boxes and similar containers (including rigid or collapsible tubular con-tainers), for any material (other than compressed or liquefied gas), of a capacity not exceeding 300 l, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment (HS 7612); -

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Of a capacity of less than 50 l: (HS 73102); - Other (HS 830990)

Ecuador ECU/439 05/20/2019 07/19/2019 Drying machines (HS 84512)

Ecuador ECU/440 05/20/2019 07/19/2019 Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not ex-ceeding 125 W (HS 841451)

Ecuador ECU/443 05/24/2019 07/23/2019 Saws (HS 846722)

Ecuador ECU/449 05/27/2019 07/26/2019 Tooth brushes, including dental-plate brushes (HS 960321)

Ecuador ECU/441 05/24/2019 07/23/2019 Other (HS 841919); Heat exchange units (HS 841950)

Ecuador ECU/442 05/24/2019 07/23/2019

Other wood screws (HS 731812); Self-tapping screws (HS 731814); Other screws and bolts, whether or not with their nuts or washers (HS 731815); Other (HS 731819)

Ecuador ECU/444 05/27/2019 07/26/2019 Machines, each of a dry linen capacity not exceed-ing 10 kg (HS 84501); Machines, each of a dry linen capacity exceeding 10 kg (HS 845020)

Ecuador ECU/445 05/27/2019 07/26/2019 Tungsten halogen (HS 853921)

Ecuador ECU/446 05/27/2019 07/26/2019 Lighting sets of a kind used for Christmas trees (HS 940530); Other electric lamps and lighting fittings (HS 940540)

Ecuador ECU/447 05/27/2019 07/26/2019 Stranded wire, cables, plaited bands and the like, of copper, not electrically insulated (HS 7413); Of re-fined copper (HS 74081)

Ecuador ECU/448 05/27/2019 07/26/2019 Rivets (HS 731823)

Ecuador ECU/450 05/27/2019 07/26/2019 Padlocks (HS 830110)

Ecuador ECU/451 05/28/2019 07/27/2019

850811 - Of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 l; 850819 - Other; 850860 - Other vacuum cleaners

Ecuador ECU/452 05/28/2019 07/27/2019 Other (HS 392690); Other (HS 401590); Other in-flatable articles (HS 401695); Life-jackets and life-belts (HS 630720); Other (HS 630790)

Ecuador ECU/453 05/28/2019 07/27/2019 Desiccated (HS 080111); Dates (HS 080410); Apri-cots (HS 081310)

Ecuador ECU/454 05/28/2019 07/27/2019

Other vegetables and mixtures of vegetables (HS 200490); Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter (HS 0811)

Ecuador ECU/455 05/28/2019 07/27/2019 Mattresses (HS 94042)

Ecuador ECU/456 06/03/2019 08/02/2019 Fireworks, signalling flares, rain rockets, fog signals and other pyrotechnic articles (HS 3604)

Ecuador ECU/457 06/03/2019 08/02/2019 Other bars and rods of stainless steel; angles, shapes and sections of stainless steel (HS 7222)

Ecuador ECU/458 06/04/2019 08/03/2019 Other electric conductors, for a voltage exceeding 1,000 V (HS 854460)

Ecuador ECU/459 06/04/2019 08/03/2019 7306.61.00.00 Of square or rectangular cross-sec-tion; 7306.69.00.00 Other; Other, of circular cross-section, of stainless steel (HS 73044); Other,

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Merchandise Covered

welded, of circular cross-section, of stainless steel (HS 730640); Other (HS 730690)

Ecuador ECU/460 06/04/2019 08/03/2019 Other vehicles (HS 871680) (Hand-propelled wheel-barrows)

Ecuador ECU/461 06/04/2019 08/03/2019 Other centrifugal pumps (HS 841370)

Ecuador ECU/462 06/05/2019 08/04/2019 Unframed (HS 700991) (Silvered flat glass mirrors)

Ecuador ECU/463 06/05/2019 08/04/2019 Of other plastics (HS 392329)

Ecuador ECU/471 06/06/2019 08/05/2019 Other (HS 392690) (Hearing protectors)

Ecuador ECU/474 06/06/2019 08/05/2019

962000: Monopods, bipods, tripods and similar arti-cles; Articles of yarn, strip or the like of heading 54.04 or 54.05, twine, cordage, rope or cables, not elsewhere specified or included (HS 5609); Articles of apparel and clothing accessories (including gloves, mittens and mitts) (HS 392620); Other (HS 401590); Belts and bandoliers (HS 420330); Other clothing accessories (HS 420340); Other (HS 630790); Other (HS 731290); Other screws and bolts, whether or not with their nuts or washers (HS 731815); Other (HS 731829); Other (HS 732690); Other (HS 761090) (Personal protective equipment used to prevent falls from a height)

Egypt EGY/210 05/10/2019 07/09/2019 Body care equipment (manual toothbrushes)

Egypt EGY/211 05/10/2019 07/09/2019 Products of the chemical industry (Air freshener)

Egypt EGY/212 05/10/2019 07/09/2019 Food products in general

Egypt EGY/213 05/10/2019 07/09/2019 Gas cylinders

Egypt EGY/214 05/10/2019 07/09/2019 Head protective equipment

Egypt EGY/215 05/10/2019 07/09/2019 Plastics pipes ; Drainage systems ; External sew-age systems

Egypt EGY/216 05/10/2019 07/09/2019 Plastics pipes ; External water conveyance systems ; Water supply systems

Egypt EGY/1/Add.7 05/13/2019 Not given Food products

Egypt EGY/3/Add.18 05/13/2019 Not given Chemical, textile and engineering products

Egypt EGY/16/Add.2 05/13/2019 Not given Toys

Egypt EGY/39/Add.2 05/13/2019 Not given Air conditioners

Egypt EGY/2/Add.8 05/14/2019 Not given Food products

Egypt EGY/3/Add.19 05/14/2019 Not given Chemical, textile and engineering products

Egypt EGY/3/Add.20 05/14/2019 Not given Chemical, textile and engineering products

Egypt EGY/28/Add.2 05/14/2019 Not given Wheat

Egypt EGY/68/Add.6 05/14/2019 Not given Energy efficiency label for air conditioners

Egypt EGY/217 05/14/2019 07/13/2019 Pipeline components and pipelines in general; Gas supply systems

Egypt EGY/218 05/14/2019 07/13/2019 Prepackaged and prepared foods

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Egypt EGY/93/Add.2 05/15/2019 Not given Non-alcoholic beverages

Egypt EGY/156/Add.3 05/15/2019 Not given Television

Egypt EGY/164/Add.2 05/15/2019 Not given Toys

Egypt EGY/173/Add.3 05/15/2019 Not given Vacuum cleaners

Egypt EGY/190/Add.1 05/15/2019 Not given Wheeled child conveyances

Egypt EGY/202/Add.1 05/15/2019 Not given Glass liquid cleaner

Egypt EGY/203/Add.1 05/15/2019 Not given Glass tableware

Egypt EGY/204/Add.1 05/15/2019 Not given Diapers for children and adult

Egypt EGY/205/Add.1 05/15/2019 Not given Fat Spreads And Blended Spreads

Egypt EGY/206/Add.1 05/15/2019 Not given Fish oils

Egypt EGY/207/Add.1 05/15/2019 Not given Electronic Cigarettes - Electronic Liquid

Egypt EGY/208/Add.1 05/15/2019 Not given Thermally toughened glass panels

European Union EU/654 05/09/2019 07/08/2019 Short-range devices

European Union EU/655 05/27/2019 07/26/2019 Biocidal products

European Union EU/656 05/27/2019 07/26/2019 Biocidal products

European Union EU/657 05/27/2019 07/26/2019 Biocidal products

European Union EU/658 05/27/2019 07/26/2019 Biocidal products

European Union EU/659 05/27/2019 07/26/2019 Biocidal products

European Union EU/660 05/27/2019 07/26/2019 Biocidal products

European Union EU/661 05/27/2019 07/26/2019 Biocidal products

European Union EU/662 05/28/2019 07/27/2019 Biocidal products

European Union EU/663 05/28/2019 07/27/2019 Biocidal products

European Union EU/664 05/28/2019 07/27/2019 Biocidal products

European Union EU/665 05/28/2019 07/27/2019 Biocidal products

European Union EU/666 06/12/2019 08/11/2019 Cosmetics

Germany DEU/17 05/28/2019 07/27/2019 Quality and Labelling of Fuels

Honduras HND/94/Add.1 06/04/2019 Not given Medical devices

Honduras HND/95/Add.1 06/04/2019 Not given Pharmaceutical products

India IND/98 05/07/2019 07/06/2019 Food Products

India IND/99 05/07/2019 07/06/2019 Food Products

India IND/100 05/07/2019 07/06/2019 Acetic Acid (HS Code 29152100)

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Japan JPN/558/Add.1 05/01/2019 Not given

Light bulbs: Incandescent bulb, high-pressure mer-cury lamp which has built-in stabilizers, self-bal-lasted fluorescent lamp and self-ballasted LED lamp; Lighting equipment: Lighting equipment for in-candescent lamp, for fluorescent lamp and for LED lamp

Kenya KEN/874 04/29/2019 06/15/2019 Cosmetics. Toiletries (Air freshener aerosols)

Kenya KEN/875 04/29/2019 06/15/2019 Cosmetics. Toiletries (Aftershave)

Kenya KEN/876 04/29/2019 06/15/2019 Cosmetics. Toiletries (Baby oils)

Kenya KEN/877 04/29/2019 06/15/2019 Cosmetics. Toiletries (Body oils)

Kenya KEN/878 04/29/2019 06/15/2019 Cosmetics. Toiletries (Deodorants and antiperspi-rants)

Kenya KEN/879 04/29/2019 06/15/2019 Cosmetics. Toiletries (Glycerine)

Kenya KEN/880 04/29/2019 06/15/2019 Cosmetics. Toiletries (Hair spray)

Kenya KEN/881 04/29/2019 06/15/2019 Cosmetics. Toiletries (Lip balm (Salve))

Kenya KEN/882 04/29/2019 06/15/2019 Cosmetics. Toiletries (Lip shine (gloss))

Kenya KEN/883 04/29/2019 06/15/2019 Cosmetics. Toiletries (Lipstick)

Kenya KEN/884 04/29/2019 06/15/2019 Cosmetics. Toiletries (Hair extensions)

Kenya KEN/885 04/29/2019 06/15/2019 Cosmetics. Toiletries (Butter for cosmetic use)

Kenya KEN/886 04/29/2019 06/07/2019 Iron and steel forgings

Kenya KEN/887 05/14/2019 07/03/2019 Beverages (Energy drink)

Kenya KEN/825/Corr.1 05/15/2019 Not given Home textiles, Linen (Curtains and drapery)

Kenya KEN/826/Corr.1 05/15/2019 Not given Products of the textile industry (Fishing gill nets)

Kenya KEN/827/Corr.1 05/15/2019 Not given Sacks. Bags (Woven polyolefin sacks (bags) for ce-ment)

Kenya KEN/852/Corr.1 05/15/2019 Not given Textile fabrics (Disposable adult diapers)

Kenya KEN/853/Corr.1 05/15/2019 Not given Textile fabrics (Disposable baby diapers)

Kenya KEN/888 05/20/2019 07/15/2019 Domestic electrical appliances in general (Refriger-ating appliances)

Kenya KEN/889 06/07/2019 06/17/2019 Packaging machinery (Labelling of products)

Korea, Republic of KOR/828 05/03/2019 07/02/2019 Umbrella & Parasol for Children

Korea, Republic of KOR/829 05/03/2019 07/02/2019 Umbrella & Parasol

Korea, Republic of KOR/826 05/02/2019 05/22/2019

Active substance and biocidal product that want to be admitted its technical equivalence or similarity with already-approved active substance and bio-cidal product

Korea, Republic of KOR/827 05/02/2019 07/01/2019 Motor Vehicles

Korea, Republic of KOR/830 05/09/2019 07/08/2019 Medical Devices

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Korea, Republic of KOR/817/Add.1 05/17/2019 Not given Beverage alcohol products

Korea, Republic of KOR/831 05/27/2019 07/26/2019 Pharmaceuticals

Korea, Republic of KOR/832 06/06/2019 08/05/2019

Forest Products (Sawn Timber, Preservative-Treated Wood, Fire Retardant-Treated Wood, Glued Laminated Timber, Plywood, Particleboards, Fiberboards, Oriented Strand Board, Wood Floor-ing, Wood Briquettes, Wood Charcoal Briquette, Charcoal)

Korea, Republic of KOR/833 06/06/2019 08/05/2019 High capacity batteries used in energy storage sys-tems (Secondary lithium battery cells and systems)

Korea, Republic of KOR/834 06/06/2019 08/05/2019 Power conversion system for energy storage sys-tems

Korea, Republic of KOR/835 06/06/2019 08/05/2019 Cosmetics

Korea, Republic of KOR/836 06/07/2019 08/06/2019 Others - regulatory systems

Korea, Republic of KOR/837 06/13/2019 08/12/2019 Cell therapy and Gene therapy, Biopharmaceutics

Kuwait KWT/471/Corr.1 05/06/2019 Not given Labeling that must be written in Packages Tobacco Products

Kuwait KWT/524 05/15/2019 07/14/2019

Waters, including mineral waters and aerated wa-ters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic bever-ages, not including fruit or vegetable juices of head-ing 20.09 (HS 2202); - Coconuts: (HS 08011)

Malaysia MYS/90 06/11/2019 08/10/2019 Household electrical equipment: 34 Category of En-ergy Commission's Regulated Electrical Equipment which cover safety and energy efficiency.

Mexico MEX/219/Add.8 05/02/2019 Not given Measuring instrument - petrol dispensers

Mexico MEX/439/Add.2 05/02/2019 Not given Waste generated by the hydrocarbon sector (see Appendix A to the draft)

Mexico MEX/453 05/02/2019 06/16/2019 Products relating to protection against radioactive contamination

Mexico MEX/285/Add.1 05/07/2019 Not given Automatic Dependent Surveillance-Broadcast (ADS-B) equipment for aircraft (8803: Parts of goods of heading 88.01 or 88.02)

Oman OMN/394/Corr.1 05/06/2019 Not given Labeling that must be written in Packages Tobacco Products

Oman OMN/396 05/15/2019 07/14/2019

Waters, including mineral waters and aerated wa-ters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic bever-ages, not including fruit or vegetable juices of head-ing 20.09 (HS 2202); - Coconuts: (HS 08011)

Oman OMN/397 06/03/2019 08/02/2019

The provisions of these Technical Regulations shall apply to all products and categories of products de-fined in Article 1, where all their requirements shall apply unless the laws and regulations of the Sultan-ate contain special requirements regulating the safety of certain products and performing the same purpose.

Panama PAN/102/Add.1 05/20/2019 Not given Fresh potatoes (Solanum sp.)

Paraguay PRY/108 05/15/2019 07/14/2019 Onions (HS 071220)

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Paraguay PRY/109 05/15/2019 07/14/2019 Anchorages for safety-belts and child restraint sys-tems (HS 8708)

Philippines PHL/216 06/11/2019 08/10/2019 Household chemical products

Philippines PHL/217 06/11/2019 08/10/2019 Pesticides and other agrochemicals

Philippines PHL/218 06/11/2019 08/10/2019 Pesticides and other agrochemicals in general

Philippines PHL/219 06/11/2019 08/10/2019 Electronic Nicotine and Non-Nicotine Delivery Sys-tem (ENDS/ENNDS)

Qatar QAT/559/Corr.1 05/06/2019 Not given Labeling that must be written in Packages Tobacco Products

Qatar QAT/561 05/15/2019 07/14/2019

Waters, including mineral waters and aerated wa-ters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic bever-ages, not including fruit or vegetable juices of head-ing 20.09 (HS 2202); - Coconuts: (HS 08011)

Russian Federation RUS/92 05/15/2019 07/16/2019 Equipment for explosive environments

Saudi Arabia SAU/1109 05/01/2019 06/29/2019

Tools, surfaces, and devices used for food-contact in cooking HS Codes: 392410100001; 392410100002; 392410200001; 392410200002; 392410200003; 392410310001; 392410310002; 392410310003; 392410390001; 392410390002; 392410390003; 392410900001; 392410900002; 392410900003; 441911000000; 441912000000; 441990000001; 441990000002; 441990000003; 441990000004; 441990000005; 441990000006; 441990000007; 441990000008; 441990000009; 441990000010; 441990000011; 441990000012; 441990000013; 441990000014; 441990000015; 481190000001; 481190000002; 481190000003; 481190000004; 481190000005; 482320000000, 482361000001; 482361000002; 482361000003; 482361000004; 482369000001; 482369000002; 482369000003; 482369000004; 691110000001; 691110000002; 691110000003; 691110000004; 691110000005; 691110000007; 691110000008; 691110000009; 691110000010; 691110000011; 691110000012; 691110000013; 691110000017; 691110000018; 691110000019, 691110000020; 691110000021; 691110000022; 691110000023; 691110000024; 691110000025; 691110000027; 691200000001; 691200000002; 691200000003; 691200000004; 691200000005, 691200000007; 691200000008; 691200000009; 691200000010; 691200000011; 691200000012; 691200000013; 691200000014; 691200000015; 691200000017; 691200000018; 691200000019; 691200000020; 691200000021; 691200000022; 691200000023; 691200000024; 691200000027; 750890500001; 750890500002; 750890500003; 750890500004; 750890500005; 750890500006; 750890500007; 750890500008; 750890500009; 750890500013; 750890500014; 761510200001; 761510200002; 761510900001; 761510900002; 761510900003; 761510900004; 761510900005; 761510900006; 761510900007; 761510900009; 761510900010; 800700300000, 820551000001; 820551000002; 820551000003; 820551000004; 820551000005;

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820551000006; 820551000007; 820551000008; 820551000009; 820551000010; 820551000011; 820551000012; 820551000013; 820551000014, 820551000015; 820551000016; 820551000017; 820551000018; 820551000019; 820830000000; 821591000000; 830910000001; 830910000002; 830990300004; 830990400003; 843510000001; 843510000002; 843510009999; 843590000001; 843860000001; 843860000002, 843860000003; 843860000004

Saudi Arabia SAU/1110 05/01/2019 06/29/2019

Pipes HS Codes: 391721000001; 391721000002; 391721000003; 391722000001; 391722000002; 391722000003; 391723000001; 391723000002; 391723000003; 391729000001; 391729000002; 391729000003; 391731000001; 391731000002; 391731000003; 400911900002; 400911909999; 400912900002; 400921900002; 400922900002; 400931900002; 400932900002; 400941900002; 400942900002; 730300000002; 730431000002; 730441000000; 730451000000; 730630000001; 730630000002; 730640000000; 730650000000; 730660000000; 730661000001; 730661000002; 730669000000; 730711000001; 730711000002; 730711000003; 730711009999; 730721000000; 730722000000; 730723000000; 730791000000; 730792000000; 730793000000; 741110000000; 741121000000; 741122000000; 741210000001; 741210000002; 741210000003; 741210009999; 741220000001; 741220000002; 741220000003; 741220009999; 750711000000; 750712000000; 750720000001; 750720000002; 750720000003; 750720009999; 760810000000; 760820000000; 760900000001; 760900000002; 760900000003; 760900009999; 830710000000; 830790000000

Saudi Arabia SAU/1108/Add.1 05/01/2019 Not given Food products in general

Saudi Arabia SAU/1102/Corr.1

05/06/2019 Not given Labeling that must be written in Packages Tobacco Products

Saudi Arabia SAU/1111 05/15/2019 07/14/2019

Waters, including mineral waters and aerated wa-ters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic bever-ages, not including fruit or vegetable juices of head-ing 20.09 (HS 2202); - Coconuts: (HS 08011)

Saudi Arabia SAU/1108/Add.2 06/12/2019 Not given Food products in general

Singapore SGP/41/Add.2/Corr.1

05/13/2019 Not given Dishwashers Intended for Household Use HS 8422.11.00

Singapore SGP/47/Add.1 05/13/2019 Not given Mixing taps and valves, public utilities (HS 8481.80.50)

South Africa ZAF/193/Rev.1 05/08/2019 Not given

Fresh fruits and vegetables, dried beans, wheat and wheat products, maize and maize products, malting barley, groundnuts, sorghum, potatoes, soya beans, sunflower seeds, garlic, rice, canned prod-ucts (fruits/vegetables/mushrooms/pasta), frozen fruits and vegetables, dehydrated vegetables, fruit juices and drinks, dried fruit, honey, vinegar, fat spreads, poultry meat, red meat, eggs, mayonnaise

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and salad dressings, jams, jellies and marmalades, dairy and imitation dairy products and edible ices.

South Africa ZAF/237 05/08/2019 07/07/2019 Food Technology (Edible Fats and Oils)

South Africa ZAF/238 06/04/2019 08/03/2019 Processed meat products

Switzerland CHE/235 05/01/2019 05/30/2019 Chemical substances

Switzerland CHE/236 05/15/2019 08/20/2019 Prepackages

Switzerland CHE/238 06/04/2019 08/20/2019 Telecommunication equipment, radio equipment and telecommunication terminal equipment

Switzerland CHE/237 05/28/2019 07/27/2019 Medical devices, except in vitro diagnostic medical devices

Taiwan Economy TPKM/341/Add.1/Corr.1

04/30/2019 Not given Food required to be registered with the central com-petent authority

Taiwan Economy TPKM/376 05/13/2019 07/12/2019 Water chilling packages using the vapor compres-sion cycle, Chiller; Other (HS 841869)

Taiwan Economy TPKM/357/Add.1

05/16/2019 Not given Turning machines and machining centres for cold metal (HS Chapters 84 and 85)

Taiwan Economy TPKM/377 05/16/2019 07/15/2019 Special dietary foods for patients

Taiwan Economy TPKM/360/Add.1

05/17/2019 Not given

Sunglasses and lens of sunglasses; - Spectacle lenses of glass (HS 900140), - Spectacle lenses of other materials (HS 900150), - Sunglasses (HS 900410)

Taiwan Economy TPKM/346/Add.1

05/21/2019 Not given Organic agricultural products

Taiwan Economy TPKM/347/Add.1

05/21/2019 Not given Organic agricultural products

Taiwan Economy TPKM/348/Add.1

05/21/2019 Not given Organic agricultural products

Taiwan Economy TPKM/365/Add.1

05/21/2019 Not given Organic agricultural products

Taiwan Economy TPKM/365/Add.1/Corr.1

05/22/2019 Not given Organic agricultural products

Taiwan Economy TPKM/378 05/28/2019 07/27/2019

Robots and robotic devices, and sawing machines for cold metal; Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, electron beam, magnetic pulse or plasma arc sol-dering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines and apparatus for hot spraying of metals or cermets (HS 8515); Other (HS 842489); Other machinery (HS 842890); Sawing or cutting-off machines (HS 846150); Industrial robots, not elsewhere specified or included (HS 847950)

Taiwan Economy TPKM/344/Add.1

06/03/2019 Not given Cosmetics; Toiletries

Taiwan Economy TPKM/352/Add.1

06/03/2019 Not given Wireless chargers; Static converters (HS 850440)

Taiwan Economy TPKM/361/Add.1

06/03/2019 Not given Electric Cookers; - Other ovens; cookers, cooking plates, boiling rings, grillers and roasters (HS 851660)

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Taiwan Economy TPKM/362/Add.1

06/03/2019 Not given

Electric storage tank water heaters, air conditioners with hermetic type compressor; - Window or wall types, self-contained or "split-system" (HS 841510), - Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps) (HS 841581), - Other, incorporating a refrig-erating unit (HS 841582), - Parts (HS 841590), - Electric instantaneous or storage water heaters and immersion heaters (HS 851610)

Taiwan Economy TPKM/368/Add.1

06/03/2019 Not given

Suitcases Trunks, suit-cases, vanity-cases, execu-tive-cases, brief-cases, school satchels, spectacle cases, binocular cases, camera cases, musical in-strument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or bever-age bags, toilet bags, rucksacks, handbags, shop-ping bags, wallets, purses, map-cases, cigarette-cases, tobacco-pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder-boxes, cut-lery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of tex-tile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper (HS 4202)

Taiwan Economy TPKM/340/Add.1

06/04/2019 Not given Cosmetics

Taiwan Economy TPKM/349/Add.1

06/04/2019 Not given Cosmetics

Taiwan Economy TPKM/351/Add.1

06/04/2019 Not given Cosmetics

Taiwan Economy TPKM/356/Add.1

06/04/2019 Not given Cosmetics; Toiletries

Taiwan Economy TPKM/379 06/04/2019 8/3/2019 Erasers; - Office or school supplies (HS 392610); - Other (HS 400690); -- Erasers (HS 401692)

Taiwan Economy TPKM/380 06/04/2019 8/3/2019 Food for human consumption

Taiwan Economy TPKM/345/Add.1

06/06/2019 Not given Cosmetic products

Taiwan Economy TPKM/355/Add.1

06/06/2019 Not given Cosmetics; Toiletries

Tanzania TZA/273 05/06/2019 07/05/2019 Animal feeding stuffs (Cat food)

Tanzania TZA/274 05/06/2019 07/05/2019 Animal feeding stuffs (Dog feeds)

Tanzania TZA/275 05/06/2019 07/05/2019 Animal feeding stuffs (Fish meal as animal feed)

Tanzania TZA/276 05/06/2019 07/05/2019 Animal feeding stuffs (Maize bran as animal feed)

Tanzania TZA/277 05/24/2019 07/23/2019 Non-alcoholic beverages

Tanzania TZA/278 05/24/2019 07/23/2019 Fruits, vegetables and derived products in general (Edible mushrooms)

Tanzania TZA/279 05/24/2019 07/23/2019 Non-alcoholic beverages

Tanzania TZA/280 05/24/2019 07/23/2019 Non-alcoholic beverages

Tanzania TZA/281 06/03/2019 08/02/2019 Cosmetics. Toiletries (Aftershave)

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Tanzania TZA/282 06/03/2019 08/02/2019 Cosmetics. Toiletries (Baby oils)

Tanzania TZA/283 06/03/2019 08/02/2019 Cosmetics. Toiletries (Glycerine for cosmetic indus-try)

Tanzania TZA/284 06/03/2019 08/02/2019 Cosmetics. Toiletries (Air freshener aerosols)

Tanzania TZA/285 06/03/2019 08/02/2019 Cosmetics. Toiletries (Lip balm (Lip salve))

Tanzania TZA/286 06/03/2019 08/02/2019 Cosmetics. Toiletries (Lipstick)

Tanzania TZA/287 06/03/2019 08/02/2019 Products of the chemical industry in general (Hair extensions)

Tanzania TZA/288 06/03/2019 08/02/2019 Cosmetics. Toiletries (Butter for cosmetic use)

Tanzania TZA/289 06/03/2019 08/02/2019 Cosmetics. Toiletries (Deodorants and antiperspi-rants)

Tanzania TZA/290 06/03/2019 08/02/2019 Cosmetics. Toiletries (Hair spray)

Tanzania TZA/291 06/03/2019 08/02/2019 Cosmetics. Toiletries (Lip shine (gloss))

Tanzania TZA/292 06/04/2019 08/03/2019 Cereals, pulses and derived products (Biofortified sweet potato)

Tanzania TZA/293 06/04/2019 08/03/2019 Cereals, pulses and derived products (Malting bar-ley)

Tanzania TZA/294 06/04/2019 08/03/2019 Petroleum products and natural gas handling equip-ment (Road tankers)

Tanzania TZA/295 06/12/2019 08/11/2019 Biofortified dry beans

Tanzania TZA/296 06/12/2019 08/11/2019 Biofortified maize (corn) grains

Thailand THA/540 05/03/2019 07/02/2019

Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce-ments, whether or not coloured or in the form of clinkers (HS 2523)

Thailand THA/541 05/03/2019 07/02/2019 White cement, whether or not artificially coloured (HS 252321)

Thailand THA/542 05/15/2019 07/14/2019 Hazardous Substances; Nonylphenol Ethoxylates (NPEs); Nonylphenol (NP)

Thailand THA/543 07/17/2019 07/16/2019

Electrical apparatus for switching or protecting elec-trical 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); Fluorescent lamps. Dis-charge lamps

Thailand THA/544 05/28/2019 07/27/2019 Household or laundry-type washing machines, in-cluding machines which both wash and dry (HS 8450); Laundry appliances (ICS 97.060)

Thailand THA/484/Add.1 06/03/2019 Not given Glass in building

Thailand THA/485/Add.1 06/03/2019 Not given Glass in building

Thailand THA/486/Add.1 06/03/2019 Not given Glass in building

Thailand THA/487/Add.1 06/03/2019 Not given Glass in building

Thailand THA/545 06/07/2019 08/06/2019 Hazardous Substances

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Thailand THA/546 06/07/2019 Not given Hazardous Substances

Thailand THA/547 06/07/2019 08/06/2019 Hazardous Substances

Turkey TUR/148 05/15/2019 07/14/2019 Fuses (HS 853510)

Turkey TUR/149 05/16/2019 07/15/2019 - Screws; bolts and nuts (HS 741533)

Turkey TUR/80/Rev.1 05/28/2019 Not given Toys (HS 95)

Uganda UGA/569/Add.1 04/29/2019 Not given Sanitary towels, Disposable Sanitary towels

Uganda UGA/748/Add.1 04/29/2019 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/775/Add.1 04/29/2019 Not given Industrial methylated spirit. Ethyl alcohol and other spirits, denatured, of any strength (HS 220720)

Uganda UGA/857/Add.1 04/29/2019 Not given Fire and rescue services uniforms

Uganda UGA/872/Add.1 04/29/2019 Not given Protective Ensembles (HS 61042), Clothing, cloth-ing accessories, footwear and headgear (HS 681250)

Uganda UGA/907/Add.2 04/30/2019 Not given Caustic Soda (Sodium hydroxide); Sodium hydrox-ide (caustic soda) (HS 28151)

Uganda UGA/1057 05/08/2019 07/07/2019 Aftershave; - Pre-shave, shaving or after-shave preparations (HS 330710)

Uganda UGA/1058 05/08/2019 07/07/2019 Baby oils

Uganda UGA/1059 05/08/2019 07/07/2019 Closed Shoes; Footwear, gaiters and the like; parts of such articles (HS 64); (Men's shoes)

Uganda UGA/1060 05/08/2019 07/07/2019 Open shoes; Footwear, gaiters and the like; parts of such articles (HS 64) (Men's shoes)

Uganda UGA/1061 05/08/2019 07/07/2019 Closed shoes; Footwear, gaiters and the like; parts of such articles (HS 64) (Ladies shoes)

Uganda UGA/1062 05/08/2019 07/07/2019 Open shoes; Footwear, gaiters and the like; parts of such articles (HS 64)

Uganda UGA/1063 05/09/2019 07/08/2019 Body oils; (HS 330190)

Uganda UGA/1064 05/09/2019 07/08/2019 Deodorants and antiperspirants; - Personal deodor-ants and antiperspirants (HS 330720)

Uganda UGA/1065 05/09/2019 07/08/2019 Glycerine for cosmetic industry; (HS 330290)

Uganda UGA/1066 05/09/2019 07/08/2019 Hair spray; (HS 33)

Uganda UGA/1067 05/09/2019 07/08/2019 Lip balm (Lip salve); (HS 330410)

Uganda UGA/1068 05/09/2019 07/08/2019 Lip shine (gloss); (HS 330410)

Uganda UGA/1069 05/09/2019 07/08/2019 Lipstick; (HS 330410)

Uganda UGA/1070 05/09/2019 07/08/2019 Children's shoes; Footwear, gaiters and the like; parts of such articles (HS 64)

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Uganda UGA/1071 05/09/2019 07/08/2019 Children's shoes; Footwear, gaiters and the like; parts of such articles (HS 64)

Uganda UGA/1072 05/13/2019 07/12/2019 Air freshener aerosols; (HS: 3924)

Uganda UGA/1073 05/13/2019 07/12/2019 Hair extensions; (HS 6704)

Uganda UGA/1074 05/13/2019 07/12/2019 Shea butter (HS 151590)

Uganda UGA/1075 05/14/2019 07/13/2019 Cotton Seed Oil; - Cotton-seed oil and its fractions (HS 15122)

Uganda UGA/1076 05/15/2019 07/14/2019 Sesame Oil; - Sesame oil and its fractions (HS 151550)

Uganda UGA/1077 05/15/2019 07/14/2019 Full fat groundnut flour; - Other (HS 120890)

Uganda UGA/1078 05/15/2019 07/14/2019 Full fat Sesame flour; - Other (HS 120890)

Uganda UGA/1079 05/24/2019 07/23/2019

Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pick-led or otherwise preserved, but not tanned, parch-ment-dressed or further prepared), whether or not dehaired or split (HS 4101)

Uganda UGA/1080 05/24/2019 07/23/2019

Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pick-led or otherwise preserved, but not tanned, parch-ment-dressed or further prepared), whether or not dehaired or split (HS 4101)

Uganda UGA/1081 05/24/2019 07/23/2019

Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pick-led or otherwise preserved, but not tanned, parch-ment-dressed or further prepared), whether or not dehaired or split (HS 4101)

Uganda UGA/1082 05/24/2019 07/23/2019 Used footwear; Footwear, gaiters and the like; parts of such articles (HS 64)

Uganda UGA/1083 05/27/2019 07/26/2019 Dangerous goods

Uganda UGA/1084 05/27/2019 07/26/2019 Dangerous goods

Uganda UGA/1085 05/27/2019 07/26/2019 Dangerous goods

Uganda UGA/1086 05/27/2019 07/26/2019 Dangerous goods

Uganda UGA/1087 05/27/2019 07/26/2019 Toilet paper (HS 481810)

Uganda UGA/1088 05/27/2019 07/26/2019 Detonators; Safety fuses; detonating fuses; percus-sion or detonating caps; igniters; electric detonators (HS 3603)

Uganda UGA/1089 06/03/2019 08/02/2019 Liquefied Petroleum Gases

Uganda UGA/1090 06/04/2019 08/03/2019

Carcasses and half-carcasses of lamb, fresh or chilled (HS 020410); - Other meat of sheep, fresh or chilled: (HS 02042); - Carcasses and half-car-casses of lamb, frozen (HS 020430); - Other meat of sheep, frozen: (HS 02044)

Uganda UGA/1091 06/14/2019 08/13/2019 Military combat helmets; Safety headgear (HS 650610)

United Arab Emirates ARE/461 05/02/2019 07/01/2019 Hydrogen and fuel cell vehicles

United Arab Emirates ARE/457/Corr.1 05/06/2019 Not given Labeling that must be written in Packages Tobacco Products

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

United Arab Emirates ARE/462 05/15/2019 07/14/2019

Waters, including mineral waters and aerated wa-ters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic bever-ages, not including fruit or vegetable juices of head-ing 20.09 (HS 2202); - Coconuts: (HS 08011)

United States USA/1107/Add.6 04/30/2019 Not given Building codes

United States USA/1109/Add.6 04/30/2019 Not given Fire prevention code

United States USA/1110/Add.4 04/30/2019 Not given Industrial building safety

United States USA/1111/Add.4 04/30/2019 Not given Amusement devices

United States USA/1243/Add.2/Corr.1

04/30/2019 Not given Passenger equipment safety standards

United States USA/242/Add.2 05/01/2019 Not given Clothing textiles, safety (HS 61, 62, 63)

United States USA/1354/Add.1 04/30/2019 Not given Closed-circuit escape respirators

United States USA/1363/Add.1 05/01/2019 Not given Organic livestock production

United States USA/1370/Add.1 05/01/2019 Not given Asbestos (HS 2524)

United States USA/1390/Add.1 04/30/2019 Not given Processed vegetables

United States USA/1404/Add.1 04/30/2019 Not given Oranges and tangerines (HS 080510; 080520)

United States USA/1409/Add.1 04/30/2019 Not given

Closed-circuit escape respirators; - Ozone therapy, oxygen therapy, aerosol therapy, artificial respira-tion or other therapeutic respiration apparatus (HS 901920)

United States USA/1443/Add.1 04/30/2019 Not given Sunscreen drug products

United States USA/1443/Corr.1

04/30/2019 Not given Sunscreen drug products

United States USA/1475 04/29/2019 Not given Product-safety testing and certification services

United States USA/1476 04/29/2019 05/10/2019 Product-safety testing and certification services

United States USA/1477 04/29/2019 05/28/2019

Stationary combustion turbines emissions; Steam turbines and other vapour turbines (HS 8406); Hy-draulic turbines, water wheels, and regulators there-for (HS 8410)

United States USA/1478 04/29/2019 Not given Medical devices; accessories

United States USA/1479 04/29/2019 06/17/2019 Meat and poultry; Meat and edible meat offal (HS 02)

United States USA/1480 04/30/2019 05/20/2019 Chemical substances

United States USA/1481 05/01/2019 06/24/2019 Small electric motors and electric motors; Electric motors and generators (excluding generating sets) (HS 8501)

United States USA/1475/Add.1 05/13/2019 Not given Product-safety testing and certification services

United States USA/1482 05/13/2019 07/05/2019 Apples (HS 0808)

United States USA/1483 05/13/2019 06/07/2019 Equipment authorization rules

United States USA/699/Add.1 05/21/2019 Not given Motor vehicles, accelerator control systems

United States USA/1100/Add.3 05/21/2019 Not given Home insulation

United States USA/1241/Add.2 05/21/2019 Not given Occupational safety

United States USA/1367/Add.2 05/21/2019 Not given Blowout preventer systems

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

United States USA/1484 05/21/2019 07/07/2019 Distribution transformers; Electrical transformers, static converters (for example, rectifiers) and induc-tors (HS 8504)

United States USA/1485 05/21/2019 06/14/2019 Interior compartments, partitions; Accident and dis-aster control, Aircraft and space vehicles in general, Structure and structure elements

United States USA/1473/Add.1 05/23/2019 Not given Test procedures

United States USA/1475/Add.1/Corr.1

05/23/2019 Not given Product-safety testing and certification services

United States USA/823/Add.1 05/27/2019 Not given Vehicle emissions

United States USA/1206/Add.2 05/27/2019 Not given Small off-road engines

United States USA/1444/Add.1 05/27/2019 Not given Potatoes

United States USA/1478/Corr.1

05/27/2019 Not given Medical devices; accessories

United States USA/1486 06/03/2019 08/26/2019 Automated driving systems

United States USA/1205/Rev.1/Add.1/Corr.1

06/04/2019 Not given Oil and gas production systems. Petroleum gases and other gaseous hydrocarbons (HS 2711)

United States USA/1487 06/04/2019 07/29/2019 Automated driving systems

United States USA/1488 06/04/2019 06/24/2019 Pool and spa safety

United States USA/1489 06/04/2019 06/10/2019 Spray sprinkler bodies

United States USA/1490 06/04/2019 06/24/2019 Electric vehicle supply equipment

United States USA/1486/Corr.1

06/04/2019 Not given Automated driving systems

United States USA/1491 06/06/2019 07/01/2019 Test procedure waiver interim process

United States USA/1492 06/06/2019 07/15/2019

Remote sensing space systems; Other aircraft (for example, helicopters, airplanes); spacecraft (includ-ing satellites) and suborbital and spacecraft launch vehicles (HS 8802); Space systems and operations

United States USA/1493 06/07/2019 Not given Ventilatory electrical impedance tomograph

United States USA/107/Add.3 06/11/2019 Not given Cigarette lighters

United States USA/1371/Add.2 06/11/2019 Not given Coffee (HS 0901)

United States USA/1450/Add.1 06/11/2019 Not given

Fuel; Petroleum oils and oils obtained from bitumi-nous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils ob-tained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils (HS 2710)

Uruguay URY/27/Rev.1/Add.1

05/01/2019 Not given All wine products

Uruguay URY/29 05/15/2019 07/14/2019 Onions

Uruguay URY/28 05/15/2019 Not given Tobacco products

Uruguay URY/30 05/15/2019 07/14/2019 Safety belts

Yemen YEM/162/Corr.1 05/06/2019 Not given Labeling that must be written in Packages Tobacco Products

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Country Notification Date Issued Final Date

for Comments

Merchandise Covered

Yemen YEM/164 05/15/2019 07/14/2019

Waters, including mineral waters and aerated wa-ters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic bever-ages, not including fruit or vegetable juices of head-ing 20.09 (HS 2202); - Coconuts: (HS 08011)

Viet Nam VNM/141 05/22/2019 07/21/2019 Safety headgear (HS 650610)

Viet Nam VNM/142 6/11/2019 6/29/2019 Products and Goods in General

Viet Nam VNM/143 6/11/2019 8/10/2019 Brake valves for rolling stocks

Viet Nam VNM/144 6/11/2019 8/10/2019 Couplers for rolling stocks

Viet Nam VNM/145 6/11/2019 8/10/2019 Fire-resistance materials for rolling stocks

Viet Nam VNM/146 6/11/2019 8/10/2019 Safety glass for rolling stocks

Viet Nam VNM/147 6/11/2019 8/10/2019 Wheel-sets for rolling stocks

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

12-22-16

276711 3069 – Speedball Textbook 4901.99.00.91 [GIR 1, 6]

276754 3070 – Speedball Textbook and Elegant Writer Set 4901.99.00.91 [GIR 1, 3(b), 6]

276942 Apex Universal Pickup Truck Rack (model number UPUT-RACK-ALUM)

8708.99.99.99 [GIR 1, 6; EN 87.08]

276757 Orlaco 7-inch RLED built-on monitor 8528.59.90.00 [GIR 1,6; EN 85.28 Part

(B)]

276217 Style A04-91092S Ladies Knitted Upper Garment 6212.10.00.20 [GIR 1, 6]

01-01-17

277760 Fold N Go ™ Stove Grate (Product #2000004428) 7321.90.10.90 [GIR 1, 6]

277319 Product # 084036-000-000, a 1.25 litre replacement glass jar for a blender (originally ruled on September 4, 2015, TRS 270091, but tariff has changed)

8509.90.20.00 [GIR 1, 6]

01-09-17 276748 Lady Land Professional Straightening Iron 8516.32.90.00 [GIR 1, 6]

03-01-17 277311 YGB1 (3”) & YGB4 (4”) Foam Yoga Bricks 9506.91.90.90 [GIR 1, 6]

03-29-17

277470 Coleman Lightweight Sling Hammock (product no 2000031656)

6306.90.90.00 [GIR 1, 6; EN 63.06 n5]

277229 Select Fixing Bolt and Nut (Item No. HOP-SNK) and Stand-ard End Clamp (Item No. HOP-ECS)

7616.10.00.90 [GIR 1, 6; Sec. XV LN 2(a); EN (C) to Sec XV; EN 76.16]

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CBP RULINGS: DOWNLOADS AND SEARCHES

As US Customs and Border Protection (CBP) issues several thousand rulings a

year, it is not practical to list each ruling. However, almost all rulings issued by

US Customs or CBP from 1993 to the present and many issued before 1993 are

available for search and downloading using the CROSS search engine. Over

190,000 such rulings are in the database.

CBP RULINGS: REVOCATIONS OR MODIFICATIONS

The following table summarizes proposals made or actions taken that were pub-

lished in the weekly Customs Bulletin and Decisions during the past month by US

Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or

modify binding rulings or treatment previously accorded to substantially identical

merchandise.

Published in CBP Bulletin (P) Proposed

(A) Action

Product(s) or Issue(s) Ruling(s) to be Modified (M) or

Revoked (R)

Old Classifi-cation or Po-

sition New Ruling

New Classification or Position

Comments Due (C) or Effective

Date (E)

PROPOSED REVOCATIONS/MODIFICATIONS

(P) 05-01-19

Instrument of international traffic (“IIT”) designation of certain plastic garment hangers

HQ H058876 R

Designated as IIT pursuant to 19 CFR 10.41a and 9803.00.50

HQ H300587

Not eligible when they are not used to physi-cally suspend garments during transportation in international traffic

(C) 05-31-19 Tariff classification of the “Thermo Action” dietary supplement.

NY N293615 M 2101.20.90 HQ H295066 2106.90.98 [GRI 1, 6; ENs to 21.01, 21.06]

Tariff classification of women’s lace front fashion boots with a fold-down fleece-like lining (footwear)

NY N196436 R 6402.91.4050 HQ H207579 6402.91.70 [GRI 1, 6; ENs to 64.02, Chap 64 n4]

(P) 05-08-19

Tariff classification of polyester/rayon woven fab-ric

NY N015943 R 5407.93.2090 HQ H188897 5516.23.00 [GRI 1,6; Sec. XI n2; Chap 54 n1; EN (I)(B) to Sec XI]

(C) 06-07-19

Tariff classification of non-textile car covers

NY I89651 NY 866826

M R

8708.99.8080 8708.99.5085

HQ H287397 3926.90.99 [GRI 1,6; Sec. XVII n3; EN Sec. XVII; 87.08]

(P) 05-15-19

Tariff classification and sta-tus under AGOA of fruit products containing pine-apple and mango with lime juice, and pineapple and banana with lime juice

NY N296311

M

2008.97.9094 not entitled to duty-free treatment un-der the AGOA

HQ H298338

0813.50.00 [GRI 1; EN to Chap 8, 08.13] Are entitled to duty-free treatment under the AGOA

(C) 06-14-19

NY N293259 M 2008.97.1040

Tariff classification of textile car covers

NY 864763 NY 866826 HQ 088040

R 8708.99.50 HQ H260066

6307.90.98 [GRI 1, 2(b), 3(b), 6; Sec. XVII n3; EN (XII) to GRI 2(b), EN Sec. XVII; EN 63.06, 87.08]

Tariff classification of cer-tain solar kits

Treatment under 19 C.F.R. 177.12(c)

R 8541.40.60 HQ H298151 8501.31.80 [GRI 1, Sec. XVI n4; EN 85.01(II), 85.41]

(P) 05-29-19 Country of origin for marking purposes of cooked shrimp (that was

NY N281670 M Guatemala HQ H301495 India [not substantially transformed by cooking]

(C) 06-28-19

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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)

exported from India to Gua-temala, where it was sub-sequently cooked)

REVOCATIONS/MODIFICATIONS/WITHDRAWALS

(A) 05-08-19

Tariff classification of rigid molded plastic waterproof camera housings

NY N240464 NY L83830 NY I84647 NY N222075

R R R M

4202.99.90 HQ H287090

4202.99.90 is AFFIRMED. Proposed new HTS subheadings 8529.90.86 or 3926.90.99 are WITH-

DRAWN.

(E) IMMEDIATELY

Tariff classification of filla-ble plastic containers.

NY N018731 NY N013622 NY N012286 NY N021076

R 3924.90.56

HQ H043742

3926.40.0090 [GRI 1, 3(b), 5, 6; Chap 39 Note 2(y), Chap 95 Note 1(w); EN (VIII and X) to GRI 3(b), EN 39.24, EN 39.26, EN 95.05

(E) 07-08-19

NY H86212 NY D81320

R 3924.90.55 3924.90.55 & 9505.90.60

NY C83630 HQ 961700 HQ H044635

R 9505.90.60

NY N025433 R 3924.10.40

NY N007698 M 3924.90.56 & 3924.10.40

(A) 05-29-19

Tariff classification of two styles of women’s sandals

NY N270791 R 6402.99.4960 6402.99.8061

HQ H278605 6402.99.31 [GRI 1, 6; Chap 64 n3(a), 4]

(E) 07-29-19 Tariff classification of cen-ter sleeves and end rings used in coupling assem-blies

NY N270588 NY N097562

R 7326.90.85 7325.99.10

HQ H284443 7307.19.3085 [GRI 1, 2(a); EN 73.25, 73.07,

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. [Note: Images are purely for information.]

Commission Implementing

Regulation Description of the goods

Classification (CN code)

Reasons

(EU) 2019/705 (02-05-19)

A spinning top made of plastics, with a launcher and a ripcord.

The spinning top is set in motion with the launcher and the ripcord. It can be used in-dependently for the amusement of per-sons. Alternatively, two or more articles can be used by two or more persons (launched into a dedicated bowl-shaped arena (presented separately)) who com-pete with the aim of knocking out the oppo-nents' spinning top.

See image

9503 00 95 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature and by the wording of CN codes 9503 00 and 9503 00 95 .

The article is a spinning top which is considered a toy of heading 9503 00 (see also the Harmo-nized System Explanatory Notes to heading 9503 , (D), (xix)). It has the objective characteristics of a toy for the amusement of persons.

Although the article can be used for competition between two or more persons, such use is not in-herent to the article's objective characteristics

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Commission Implementing

Regulation Description of the goods

Classification (CN code)

Reasons

when it is presented separately (without the dedi-cated arena). Classification under heading 9504 as an article for parlour games is therefore ex-cluded.

The article is therefore to be classified under CN code 9503 00 95 as other toys of plastics.

(EU) 2019/822 (17-05-19)

An article (so-called ‘screw pile’) of circular cross section, approximately 55 cm long with an external diameter of 6 cm, made of hot dip galvanised sheets of steel.

One end of the pile is conical and threaded, the other end has a U-shaped el-ement with holes to take screws.

The article is designed to be twisted into the ground or other underlying material, and then to permanently secure wooden posts of structures (once they are put into position they remain in that position) by fit-ting them into the U-shaped element and holding them in place by screws.

Screw piles are used in timber construc-tion, solar power systems, garden and event structures, fencing systems, boards and banners, etc.

See image

7308 90 59

Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature, Note 3 to Section XV and by the wording of CN codes 7308 , 7308 90 and 7308 90 59 .

The article has the objective characteristics of ‘parts of structures’ of heading 7308 . It is spe-cially designed for assembling the structural ele-ments; once the structure is put in position it re-mains in that position. It has holes into which screws are inserted, at the time of assembly, to fix the structural elements (see also the Harmo-nised System Explanatory Notes (HSEN) to heading 7308 , paragraph 1).

Classification under heading 7326 as other arti-cles of iron or steel is excluded as articles for use in construction fall under heading 7308 (see also the HSEN to heading 7326 , point (1)).

Consequently, the article is to be classified under CN code 7308 90 59 as parts of structures of steel.

(EU) 2019/823 (17-05-19)

A made up article of human hair consisting of a strand of dressed human hair bonded at the root ends. The bonded root end of the strand is, without any further pro-cessing, ready to be combined with a per-son's own hair by applying heat.

See image

6704 20 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 6704 and 6704 20 00 .

Due to the bonding at the root ends, the article is considered further processed than specified in heading 6703 . Consequently, classification un-der heading 6703 as human hair, dressed, thinned, bleached or otherwise worked, is ex-cluded.

Because of the bonding at the root ends and the fact that the article, without any further pro-cessing, is ready to be combined with the per-son's own hair, it is to be considered a made up article of postiche, which is covered by heading 6704 (see also the Harmonised System Explana-tory Notes to heading 6704 , paragraph (1), first subparagraph).

The article is therefore to be classified under CN code 6704 20 00 as switches and the like, of hu-man hair.

(EU) 2019/830 (15-05-19)

An article, of a rectangular shape with rounded edges, made of moulded plastics

3926 90 97

Classification is determined by general rules (GIR) 1, 3(b) and 6 for the interpretation of the

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Commission Implementing

Regulation Description of the goods

Classification (CN code)

Reasons

(polycarbonate), in the form of a shell which covers the back and the sides of a mobile phone, measuring approximately 7 × 14 × 0,8 cm.

The outer surface of the back is covered with a leather layer and the inner surface, which makes contact with the back of the mobile phone, is lined with man-made fi-bres (microfibres).

It is designed to hold and protect the back and sides of a mobile phone. The front of the mobile phone is not to be covered.

See image

Combined Nomenclature and by the wording of CN codes 3926 , 3926 90 and 3926 90 97 .

According to its objective characteristics, the arti-cle is designed to hold and protect the back and sides of a mobile phone. The protection is given by the material of the shell (polycarbonate plas-tic).

The leather layer on the outer surface of the back of the article enhances its appearance providing only an additional effect to the main purpose of protection. Consequently, the polycarbonate plastic forming the protective shell constitutes the material that gives the article its essential charac-ter within the meaning of GIR 3(b).

Classification of the article under heading 4205 as other articles of leather is therefore excluded.

Classification of the article under heading 6307 as other made-up articles is also excluded as the man-made fibres constitute merely the lining.

Consequently, the article is to be classified under CN code 3926 90 97 as other articles of plastics.

(EU) 2019/921 (03-06-19)

A product in the form of a tablet, containing 400 mg of S-Adenosyl–L-Methionine disul-fate p-toluenesulfonate, of which S-Adeno-syl–L-Methionine (‘SAMe’) is the active in-gredient.

The product contains also minor quantities of microcrystalline cellulose, magnesium hydroxide, stearic acid, magnesium stea-rate, colloidal silica anhydrous, calcium ox-ide and coating components.

The product is presented to be used as a food supplement that facilitates normal function of the liver, helps body detox pro-cesses and generally supports good emo-tional health.

The recommended daily dosage is one tablet. The product is presented in bulk.

2106 90 92 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature, additional note 5 to Chapter 21 and the wording of CN codes 2106 , 2106 90 and 2106 90 92 .

The content of the active ingredient, ‘SAMe’, per tablet is not suitable for the prevention and treat-ment of diseases or ailments. Classification un-der heading 3004 is therefore excluded.

Consequently, the product is a food preparation not elsewhere specified or included (see also the Harmonized System Explanatory Notes to head-ing 2106 , second paragraph, point (16)).

The product is therefore to be classified under CN code 2106 90 92 as a food preparation not elsewhere specified or included.

(EU) 2019/922 (03-06-19)

A product, composed of fine beige gran-ules, containing white particles, presented in bulk.

The product contains:

— methionine, — cystine, — calcium pantothenate, — thiamine-chlorhydrate, — pyridoxine-chlorhydrate, — para-aminobenzoic acid, — millet extract (Panicum miliaceum), — wheat-germ extract, — medicinal yeast, — iron, — zinc, — copper (in complex bond),

2106 90 92 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature and the wording of CN codes 2106 , 2106 90 and 2106 90 92 .

The product is a preparation in bulk form essen-tially containing nutrients (proteins, essential vita-mins and minerals) needed to stimulate healthy hair and nails growth. Classification under head-ing 3003 is therefore excluded (see also the Har-monized System Explanatory Notes (HSEN) to heading 3003 , third and sixth paragraph).

Consequently, the product is a food preparation not elsewhere specified or included (see also the HSEN to heading 2106 , second paragraph, point (16)).

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Commission Implementing

Regulation Description of the goods

Classification (CN code)

Reasons

and excipients.

In a further production process, the product is homogenised in order to be put into cap-sules.

The product is presented to be used as a food supplement that stops hair loss, forc-ing hair growth. It is also presented to be beneficial in cases of dry and flaky skin, itchiness and seborrhoea, and to strengthen nails.

The product is therefore to be classified under CN code 2106 90 92 as a food preparation not elsewhere specified or included.

(EU) 2019/923 (03-06-19)

1. A product consisting of an alcoholic liq-uid with an alcoholic strength by volume of 4 % to 6 %.

It is produced by mixing a fermented apple juice with distilled ethyl alcohol, carbonated water, sugar, citric acid, flavourings, a pre-servative agent (E 202), caffeine and col-ouring agents (E 102, E 124).

The addition of distilled ethyl alcohol to the fermented apple juice increases its alco-holic strength: 62,05 litres of fermented ap-ple juice at 18 % vol. (11,17 litres of alco-hol) are mixed with 37,95 litres of distilled ethyl alcohol at 28,28 % vol. (10,73 litres of alcohol). The fermented alcohol compo-nent in the product accounts for 51 % and the distilled alcohol accounts for 49 % of the total alcohol content.

Τhe resulting mixture is diluted to a drink-ing strength of 4 % to 6 % vol. by adding carbonated water. Sugar, citric acid, a pre-servative agent (E 202), caffeine, colouring agents (E 102, E 124) and flavourings (for instance mango, rum, passion fruit or port) are added as well.

The product is presented to be used for the production of cocktails. The smell and taste are alcoholic, acidic and sweet.

The product is for human consumption and is put up for retail sale in containers hold-ing two litres or less.

2208 90 69 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature and the wording of CN codes 2208, 2208 90 and 2208 90 69.

The product is an alcoholic beverage that has not retained the character of a product falling under heading 2206 (see also the Harmonized System Explanatory Notes to heading 2206, third para-graph) as the added substances have led to a loss of the properties and characteristics of a fer-mented apple juice.

The fact that the distilled alcohol does not ex-ceed, either in volume or percentage, 49 % of the alcohol present in the product, with the remaining 51 % resulting from a process of fermentation, is not a classification criterion as there is no major-ity rule by percentages that determines the char-acter of products of heading 2206.

Consequently, classification under heading 2206 is excluded as the product shows objective char-acteristics similar to those of a spirituous bever-age and not anymore those obtained by fermen-tation of a specific fruit or plant.

The product is therefore to be classified under CN code 2208 90 69 as other spirituous bever-age in containers holding two litres or less.

2. A product consisting of an alcoholic liq-uid with an alcoholic strength by volume of 15 %.

It is produced by fermenting a sugar beet extract, consisting by weight of 93,4 % su-crose (96,7 % sucrose in dry matter), pro-tein, trace minerals, fibre and water.

The fermentation process is achieved by the addition of water and yeast, and it pro-ceeds until an alcohol content of 15 % has been reached. The yeast is then removed by sedimentation and microfiltration. The product has no specific smell and taste ex-cept that of alcohol.

2208 90 99 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature and the wording of CN codes 2208 , 2208 90 and 2208 90 99 .

Sugar beet extract is neutral raw sugar and therefore the product cannot have the taste, smell and/or appearance of a beverage produced from a particular fruit or natural product. Conse-quently, it has not obtained the characteristics of a product falling under heading 2206 but ac-quired those of ethyl alcohol of heading 2208 .

The product, which is obtained through pro-cessing a fermented sugar beet extract and is in-tended to be used as a base in the formulation of

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Commission Implementing

Regulation Description of the goods

Classification (CN code)

Reasons

The product is intended to be used as a base in the formulation of alcoholic bever-ages.

It is presented in bulk.

alcoholic beverages, being neutral in terms of colour, smell and taste as a result of purification (including microfiltration), falls therefore under heading 2208 .

The product is therefore to be classified under CN code 2208 90 99 as other undenaturated ethyl alcohol in containers holding more than two litres.

(EU) 2019/924 (03-06-19)

An article (so-called ‘optical fibre box with connectors’) of cylindrical shape measuring approximately 140 mm in diameter and 400 mm in height. The weight of the article is approximately 2,5 kg. The article is made mainly of plastics with some small el-ements (brackets and screws) made of metal.

The base of the article is provided with four cable entry points. When the article is fully assembled, the base is fixed to the cylindri-cal plastic covering of the article by a de-tachable round clasp.

Inside, there is a splice tray made of plas-tics, attached to the base of the article. This tray contains specific grooves to align optical fibres/optical cables and it is equipped with connectors.

The article as a whole is intended for the preservation of optical fibres/optical cables and may be used in different kinds of net-works.

See images.

8536 70 00 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature, Note 7 to Chapter 85 and by the wording of CN codes 8536 and 8536 70 00 .

Classification under CN code 8536 90 10 is ex-cluded since that code covers ‘connections and contact elements for wire and cables’, i.e. electri-cal apparatus for making electrical connections. The article in question is a box with connectors for optical fibres, optical fibre bundles or optical cables and does not possess any electrical con-nections.

The article has the characteristics of connectors for optical fibres, opticle fibre bundles or optical cables which simply mechanically align optical fi-bres end to end in a digital line system (see also the Harmonized System Explanatory Notes to heading 8536 , part IV).

Given its characteristics, the article is therefore to be classified under CN code 8536 70 00 as con-nectors for optical fibres, optical fibre bundles or cables.

(EU) 2019/925 (03-06-19)

A tubular article (so-called ‘activity belt’) made of knitted fabric, consisting of 88 % polyester and 12 % elastane with a circum-ference of 66 cm. The article is made of two rectangular, equal-sized knitted pieces of textile fabric, which are superimposed and sewn together on three sides to form a reversible elastic ‘activity belt’.

The article is fitted with reflectors, a flat pocket with a zipper and two small open-ings, one of which has a ribbon with an elastic band. It does not have any clasps.

The article is designed to be worn around the waist during, for example, sports activi-ties. The pockets/openings store small items such as keys, credit cards and the like.

6307 90 10 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature, Note 7(f) to Section XI and by the wording of CN codes 6307 , 6307 90 and 6307 90 10 .

The activity belt has the objective characteristics of a made-up textile article within the meaning of heading 6307 and by virtue of Note 7(f) to Sec-tion XI.

The article is not designed to contain any specific item. It is neither specially shaped nor internally fitted. It is not similar to the containers classified in heading 4202 (see also the first and fourth par-agraph and exclusion (c) of the Harmonised Sys-tem Explanatory Notes to heading 4202). Conse-quently classification under heading 4202 is ex-cluded.

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Regulation Description of the goods

Classification (CN code)

Reasons

(See images) The article is therefore to be classified under CN code 6307 90 10 as other ‘other made-up knitted article’.

(EU) 2019/926 (03-06-19)

An article measuring approximately 160 × 54 × 38 cm and weighing approximately 1,5 kg, consisting of two layers of textile fabric assembled together and a padding of cellular plastic inside. The inner side of the textile fabric is coated with plastics.

The article has a back support consisting of a collapsible frame of metal rods which is partially integrated in the article. A stor-age bag is sewn to the edge of the back support. The back support can be adjusted in height by means of a strap with a buckle of plastics.

The article can be folded to be transported or stored. It has a carrying strap sewn to the upper corners of the back support, and there are various ‘Velcro’-type straps to fasten the back support to the lying surface during transportation or storage.

It is presented as a camping mat or as a beach mat.

See image

6306 90 00

Classification is determined by general rules (GIR) 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 6306 and 6306 90 00 .

Due to the textile material constituting the main part of the surface, the textile material gives the article its essential character within the meaning of GIR 3(b).

According to its objective characteristics (light-weight, plastic-coated for protection, quick to set up and to pack away and easy to transport), the article is designed for outdoor use to be taken to, for example, camping grounds, the beach, etc. and to be used there temporarily (see also the Combined Nomenclature Explanatory Notes to subheading 6306 90 00).

Classification of the article under heading 9404 as an article of bedding or similar furnishing, such as a mattress, is excluded as the article is not de-signed for furnishing a bed and is not similar to a mattress or the like.

The article is therefore to be classified under CN code 6306 90 00 as other camping articles.

(EU) 2019/927 (03-06-19)

A basket measuring approximately 32 × 27 × 20 cm in the shape of a cuboid. The article consists of wire of steel (diame-ter of the wire is approximately 4 mm) and paper. The wire is placed solely along the edges of the cuboid forming a frame. The frame sustains a fabric of warp and weft strands of paper. Each strand consists of two folded and twisted lengthwise strips of paper that are twisted together. Each twisted strip of pa-per measures approximately 5,5 mm in width. The wire is totally covered by the pa-per. See images (*1)

6307 90 98

Classification is determined by general rules (GIR) 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 63 and by the wording of CN codes 6307 , 6307 90 and 6307 90 98 .

The basket is not a household article of iron or steel of heading 7323 because it is not the wire of base metal but the paper fabric that gives the ar-ticle its essential character within the meaning of GIR 3(b), as the article has the appearance of a paper basket. It does not have the appearance of a basket of metal as the wire is completely cov-ered by the paper and thus, not visible. Moreo-ver, the article is mainly made of paper. Classifi-cation in heading 7323 is therefore excluded.

As the paper strips are twisted, they are consid-ered paper yarn (textile yarn) within the meaning of heading 5308 (see also the Harmonised Sys-tem Explanatory Notes (HSEN) to heading 5308 , (B) paper yarn, third paragraph). Classification of the article in Chapter 46 is excluded by virtue of Note 1 to Chapter 46 because textile yarns are not considered ‘plaiting materials’.

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Commission Implementing

Regulation Description of the goods

Classification (CN code)

Reasons

Moreover, the yarns are woven together creating a fabric (warp and weft strands). The basket is therefore not an article of paper yarn but an arti-cle made of fabric and its classification in heading 5609 is excluded (see also the HSEN to heading 5609 , first and third paragraph, (c)).

Made-up textile articles of any textile fabric which are not more specifically described elsewhere in the Nomenclature are classified under Sub-Chap-ter I of Chapter 63 (see also the HSEN to Chap-ter 63, General, (1), first paragraph).

The article is therefore to be classified under CN code 6307 90 98 as other made-up textile arti-cles.

(EU) 2019/928 (03-06-19)

An article (so-called ‘optical fibre box with-out connectors’) of cylindrical shape meas-uring approximately 140 mm in diameter and 400 mm in height. The weight of the article is approximately 2,5 kg. The article is made mainly of plastics with some small elements (brackets and screws) made of metal.

The base of the article is provided with four cable entry points. When the article is fully assembled, the base is fixed to the cylindri-cal plastic covering of the article by a de-tachable round clasp.

Inside, there is a splice tray made of plas-tics, attached to the base of the article. This tray contains specific grooves. At the time of presentation the article is not equipped with any connectors.

The article as a whole is intended for the preservation of cables.

See images

3926 90 97 Classification is determined by general rules 1 and 6 for the interpretation of the Combined No-menclature and by the wording of CN codes 3926, 3926 90 and 3926 90 97.

Classification under subheading 8536 70 00 as ‘connectors for optical fibres, optical fibre bundles or cables’ or under subheading 8536 90 10 as ‘connections and contact elements for wire and cables’ (which are electrical apparatus for making connections) is excluded, as the article in ques-tion is just a box. It is neither equipped with con-nectors for optical fibres, optical-fibre bundles or optical cables nor does it possess any ‘connec-tions and contact elements for wire and cables’.

Classification under heading 8538 as ‘parts suita-ble for use solely or principally with the apparatus of heading 8535, 8536 or 8537 ’ is also excluded as due to the absence of connectors, contacts or provisions therefor, the article can be considered neither electrical apparatus of heading 8536 nor an identifiable part thereof.

Consequently, the article is to be classified ac-cording to its constituent material (plastics) under CN code 3926 90 97 as other articles of plastics.

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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

08-05-19 (2019/C 157/04)

p. 211 4202 Insert explanatory notes relating to “writing cases” to subheadings ‘4202 91 to 4202 99 Other’

24-05-19 2019/C 179/02

p. 293 7019 Insert explanatory notes relating to subheading 7019 39 00….Other

24-05-19 2019/C 179/03

p. 293 7018 In subheading 7018 20 00 …Glass microspheres not exceeding 1 mm in diameter In-sert new text after existing text

24-05-19 2019/C 179/04

p. 322 8205 Insert explanatory notes relating to subheading 8205 40 00…Screwdrivers

24-05-19 2019/C 179/05

p. 370 8544 Replace the explanatory note to CN subheading ‘8544 70 00 Optical-fibre cables’ with new text and photographs

07-06-19 2019/C 192/09

p. 41 0408 Replace text in the last paragraph of the Explanatory note to CN subheading ‘0408 99 80 Other’,

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–1043 Certain Electrical Connectors, Components Thereof, and Products Containing the Same

Notice of Request for Statements on the Public Interest

337–TA–1057

Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts

(CONSOLIDATED ADVISORY OPINION AND ENFORCEMENT PROCEEDING) Commission’s Determination Not to Review an Initial Determina-tion Terminating the Advisory Opinion Proceeding; Termination of Advisory Opinion Proceeding

337–TA–1057 (RESCISSION PROCEEDING) Commission Determination To Institute a Rescission Proceeding; Rescission of the Remedial Orders; Termi-nation of the Proceeding

337–TA–1057

(CONSOLIDATED ADVISORY OPINION AND ENFORCEMENT PROCEEDING) Commission’s Determination Not To Review an Initial Determina-tion Terminating the Enforcement Proceeding; Termination of the Enforcement Proceeding

337–TA–1068 Certain Microfluidic Devices Notice of Request for Supplemental Submissions From the Parties and Interested Members of the Public and Interested Government Agencies; Extension of Target Date

337–TA–1076 Certain Magnetic Data Storage Tapes and Cartridges Containing Same (II)

Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; and Termination of the Investigation

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Inv. № Commodity Action

337–TA–1086 Certain Mounting Apparatuses for Holding Portable Electronic Devices and Compo-nents Thereof

Notice of a Commission Determination Not to Review a Remand Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, Bonding, and the Public Inter-est; and Extension of the Target Date for Completion of the Investi-gation

337–TA–1090 Certain Intraoral Scanners and Related Hardware and Software

Notice of Request for Statements on the Public Interest

337–TA–1098 Certain Subsea Telecommunications Sys-tems and Components Thereof

Notice of Request for Statements on the Public Interest

337–TA–1103 Certain Digital Video Receivers and Re-lated Hardware and Software Components

Notice of Request for Statements on the Public Interest

337–TA–1106 Certain Toner Cartridges and Components Thereof

Notice of a Commission Determination to Affirm an Initial Determi-nation Granting Respondents’ Motions for Summary Determination of Non-Infringement; Finding of No Violation of Section 337; Termi-nation of the Investigation

337–TA–1116 Certain Blood Cholesterol Testing Strips and Associated Systems Containing the Same

Notice of Request for Submissions on the Public Interest

337–TA–1117 Certain Full-Capture Arrow Rests and Com-ponents Thereof;

Commission Determination Not to Review an Initial Determination Granting Complainant’s Motion for Summary Determination of Vio-lation of Section 337 by the Defaulting Respondents; Request for Written Submissions on Remedy, Bonding, and the Public Interest

337–TA–1123 Carburetors and Products Containing Such Carburetors

Notice of a Commission Determination Not to Review an Initial De-termination Granting In-Part a Motion for Leave to Amend the Complaint and Notice of Investigation

337–TA–1146

Certain Taurine (2- Aminoethanesulfonic Acid), Methods of Production and Pro-cesses for Making the Same, and Products Containing the Same

Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety; Termination of Investi-gation

337–TA–1155 Certain Luxury Vinyl Tile and Components Thereof

Institution of Investigation based on a complaint filed on behalf of Mohawk Industries, Inc.; Flooring Industries. Ltd. Sarl; and IVC US Inc. alleging patent infringement

337–TA–1156 Certain Led Packages Containing PFS Phosphor and Products Containing Same

Institution of Investigation based on a complaint filed on behalf of Current Lighting Solutions, LLC; General Electric Co.; and Con-sumer Lighting (U.S.), LLC d/b/a GE Lighting alleging patent in-fringement

337–TA–1157 Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts, and Accoutrements

Institution of Investigation based on a complaint filed on behalf of Style Pantry LLC alleging importation and sale based on false des-ignation, false description, dilution, and obtaining sales by false claim of association, the threat or effect of which is to destroy or substantially injure an industry in the United States.

337–TA–1158 Certain Digital Video Receivers, Broadband Gateways, and Related Hardware and Soft-ware Components

Institution of Investigation based on a complaint filed on behalf of Rovi Corporation and Rovi Guides, Inc. alleging patent infringe-ment

337–TA–1159 Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Compo-nents Thereof, and Processes Therefor

Institution of Investigation based on a complaint filed on behalf of LG Chem, Ltd. and LG Chem Michigan, Inc. alleging misappropria-tion of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States.

337–TA–1160 Certain Replacement Automotive Service and Collision Parts and Components Thereof

Institution of Investigation based on a complaint filed on behalf of Hyundai Motor America, Inc. and Hyundai Motor Company alleging Trademark 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 3375 Certain Female Fashion Dresses, Jumpsuits, Maxi Skirts & Accou-trements

Style Pantry LLC

DN 3380 Certain Cardio-Strength Training Magnetic-Resistance Cable Exer-cise Machines and Components Thereof

ICON Health & Fitness, Inc.

DN 3382 Certain Digital Video Receivers, Broadband Gateways, and Re-lated Hardware and Software Components

Rovi Corporation and Rovi Guides, Inc.

DN 3383 Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Bat-tery Packs, Components Thereof, and Production and Testing Sys-tems and Processes Therefor

LG Chem, Ltd. and LG Chem Michigan, Inc.

DN 3385 DN 3385

Certain Light-Emitting Diode Products, Systems, and Components Thereof

Lighting Science Group Corporation; Healthe, Inc., and Global Value Lighting, LLC

DN 3386 Certain Replacement Automotive Service and Collision Parts and Components Thereof

Hyundai Motor America, Inc., and Hyundai Motor Company

DN 3389 DN 3389

Certain Touch-Controlled Mobile Devices, Computers, and Compo-nents Thereof

Neodron Ltd. (The 05-31-19 notice may be a du-plicate of the 05-29-19 notice)

DN 3390 Certain Foodservice Equipment and Components Thereof Illinois Tool Works Inc.; Vesta Global Limited; Vesta (Guangzhou) Catering Equipment Co., Ltd.; and Admiral Craft Equipment Corp

DN 3391 Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof

Ethicon LLC; Ethicon Endo-Surgery, Inc.; and Ethicon US, LLC

DN 3392 Certain Barcode Scanners, Scan Engines, Products Containing the Same, and Components Thereof

Honeywell International, Inc.; Hand Held Prod-ucts, Inc.; and Metrologic Instruments, Inc.

ANTIDUMPING, COUNTERVAILING DUTY AND SAFE-

GUARDS INVESTIGATIONS, ORDERS & REVIEWS

In order to assist our clients in planning, we are listing antidumping, countervail-

ing duty and safeguards notices published or posted during the past month from

the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other

countries. (Click on blue text for link to official document.)

Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or

subsidy; LTFV=less than fair value.

WTO Safeguard Notifications

Notification № Member Merchandise Action

G/SG/N/6/PAN/2 Panama Meat of swine, fresh, chilled or frozen; carcasses and half-carcasses, with bone in or boneless, fit for human consumption

Initiation of a safeguards investigation on 03-05-19 Official Journal 28766-C - File No. SV-001-2018.

G/SG/N/6/MAR/11 .

Morocco Hot-rolled sheets of steel. Initiation of a safeguards investigation on 29-05-19 Public Notice 10/19

United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

A–570–918 Steel Wire Garment Hangers From China 2017– 2018; Partial Rescission of the Tenth ADD Administrative Review

C–533–884 Glycine From India Final Affirmative CVD Determination

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

C–570–081 Glycine From China Final Affirmative CVD Determination

A–588–878 Glycine From Japan Final Determination of Sales at LTFV

A–533–883 Glycine From India Final Determination of Sales at LTFV

A–122–863 Large Diameter Welded Pipe From Canada ADD Order

A–484–803 Large Diameter Welded Pipe From Greece Amended Final Affirmative AD Determination and ADD Order

A–580–897 Large Diameter Welded Pipe From S. Korea Amended Final Affirmative AD Determination and ADD Order

C–580–898 Large Diameter Welded Pipe From S. Korea CVD Order

A–489–833 Large Diameter Welded Pipe From Turkey Amended Final Affirmative AD Determination and ADD Order

C–489–834 Large Diameter Welded Pipe From Turkey CVD Order

A–201–849 Refillable Stainless Steel Kegs From Mexico Preliminary Affirmative Determination of Critical Circumstances

C–570–080 Cast Iron Soil Pipe From China CVD Order

A–570–079 Cast Iron Soil Pipe From China ADD Order

A–570–900 Diamond Sawblades and Parts Thereof From China

Initiation of Anti-Circumvention Inquiry

C–533–886 Polyester Textured Yarn From India Preliminary Affirmative CVD Determination, and Alignment of Final Determination with Final ADD Determination

C–570–098 Polyester Textured Yarn From China Preliminary Affirmative CVD Determination, and Alignment of Final Determination with Final ADD Determination

A–570–967 C–570–968

Aluminum Extrusions From China Initiation of Anti-Circumvention and Scope Inquiries on the ADD and CVD Orders

A–201–842 A–580–868 C–580–869

Large Residential Washers From Mexico and S. Korea

Continuation of ADD Order (Mexico) and Revocation of ADD and CVD Orders (Korea)

A–533–824 Polyethylene Terephthalate Film, Sheet, and Strip From India

Notice of Correction of Final Results of ADD Administrative Re-view; 2016-2017

C–570–109 Ceramic Tile From China Initiation of CVD Investigation

A–570–108 Ceramic Tile From China Initiation of LTFV investigation

C–508–813 Magnesium From Israel Preliminary Affirmative CVD Determination, and Alignment of Final Determination with Final ADD Determination

A–520–803 Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates

Final Results of ADD Administrative Review; 2016-2017

A–533–867 Welded Stainless Pressure Pipe From India Final Results of ADD Administrative Review; 2016-2017

A–570–912 C–570–913

Certain New Pneumatic Off-the-Road Tires From China

Final Results of Sunset Reviews and Revocation of ADD and CVD Orders

A–570–954 Certain Magnesia Carbon Bricks From China Final Results of the ADD Administrative Review; 2016–2017

A–201–820 Fresh Tomatoes From Mexico Termination of Suspension Agreement, Rescission of Administra-tive Review, and Continuation of the ADD Investigation

C–489–502 Circular Welded Carbon Steel Pipes and Tubes From Turkey

Preliminary Results of CVD Administrative Review and Intent to Rescind the Review, in Part; Calendar Year 2017

A–570–970 Multilayered Wood Flooring From China Final Results of ADD New Shipper Review; 2014-2015

A–471–807 Certain Uncoated Paper From Portugal Preliminary Results of ADD Administrative Review; 2017–2018

C–570–107 Wooden Cabinets and Vanities and Compo-nents Thereof From China

Postponement of Preliminary Determination in CVD Investigation

C–570–955 Certain Magnesia Carbon Bricks From China Rescission of CVD Administrative Review; 2016

A–351–842 Certain Uncoated Paper From Brazil Preliminary Results of ADD Administrative Review; 2017– 2018

A–570–981 A–552–814 C–570–982

Utility Scale Wind Towers From China and Vi-etnam

Continuation of ADD Orders and CVD Order

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

A–570–967 C–570–968

Aluminum Extrusions From China Affirmative Preliminary Determination of Circumvention of the ADD and CVD Orders

A–570–909 Certain Steel Nails From China Final Results of the Expedited Sunset Review of the ADD Order

A–549–502 Circular Welded Carbon Steel Pipes and Tubes From Thailand

Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2017-2018

A–427–830 Strontium Chromate From France:

Preliminary Affirmative Determination of Sales at LTFV, Prelimi-nary Negative Determination of Critical Circumstances, Postpone-ment of Final Determination, and Extension of Provisional Measures

A–433–813 Strontium Chromate From Austria Preliminary Determination of Sales at Not LTFV and Postponement of Final Determination

A–570–881 Malleable Cast Iron Pipe Fittings From China Rescission of ADD Administrative Review; 2017–2018

A–489–835 Dried Tart Cherries From Turkey Initiation of LTFV Investigation

C–489–836 Dried Tart Cherries From Turkey Initiation of CVD Investigation

A–570–910 Circular Welded Carbon Quality Steel Pipe From China

Preliminary Results of AD Administrative Review and Partial Re-scission; 2017–2018

C–580–884 Certain Hot-Rolled Steel Flat Products from S. Korea

Notice of Court Decision Not in Harmony with Amended Final De-termination of the CVD Investigation

A–533–843 Certain Lined Paper Products from India Final Results of ADD Administrative Review; 2016-2017

A–570–084 Certain Quartz Surface Products From China Final Affirmative Determination of Sales at LTFV, and Final Affirm-ative Determination of Critical Circumstances

C–570–085 Certain Quartz Surface Products From China Final Affirmative CVD Determination, and Final Affirmative Deter-mination of Critical Circumstances

C–489–832 Carbon and Alloy Steel Wire Rod From Turkey Correction to Notice of Opportunity To Request Administrative Re-view

A–570–900 Diamond Sawblades and Parts Thereof From China

Notice of Court Decision Not in Harmony With the Final Results of Review, Rescission of Administrative Review in Part, and Amended Final Results of the ADD Administrative Review; 2013–2014

C–533–844 Certain Lined Paper Products From India Final Results of CVD Administrative Review; 2016

A–580–881 Certain Cold Rolled Steel Flat Products From S. Korea

Final Results of ADD Administrative Review; 2016-2017

C–580–882 Certain Cold Rolled Steel Flat Products From S. Korea

Final Results of CVD Administrative Review, 2016

A–580–870 Certain Oil Country Tubular Goods From S. Korea

Final Results of ADD Administrative Review; 2016-2017

A–570–082 C–570–083

Certain Steel Wheels From China AD and CVD Orders

C–570–111 Vertical Metal File Cabinets From China Initiation of CVD Investigation

A–570–110 Vertical Metal File Cabinets From China Initiation of LTFV investigation

A–201–847 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico

Final Results of ADD Administrative Review and Final Determina-tion of No Shipments; 2016- 2017

A–580–880 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From S. Korea

Final Results of ADD Administrative Review and Final Determina-tion of No Shipments; 2016-2017

A–570–909 Certain Steel Nails From China Amended Final Results of ADD Administrative Review; 2016-2017

C–533–868 Welded Stainless Pressure Pipe From India Rescission of the CVD Administrative Review; 2017

A–570–890 Wooden Bedroom Furniture From China Final Results of ADD Administrative Review and Final Determina-tion of No Shipments in Part; 2017

A–552–802 Certain Frozen Warmwater Shrimp From Vi-etnam

Partial Rescission of ADD Administrative Review; 2018-2019

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

A–552–818 C–552–819

Certain Steel Nails From Vietnam Notice of Court Decision Not in Harmony with Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court De-cision

A–533–867 Welded Stainless Pressure Pipe From India Rescission of the ADD Administrative Review; 2017-2018

C–489–838 C–533–890

Certain Quartz Surface Products From India and Turkey

Initiation of CVD Investigations

A–489–837 A–533–889

Certain Quartz Surface Products From India and Turkey

Initiation of LTFV Investigations

A–580–881 Certain Cold Rolled Steel Flat Products From S. Korea

Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results of the ADD Investigation

A–583–849 Steel Wire Garment Hangers From Taiwan Rescission of ADD Administrative Review; 2017– 2018

C–570–094 Refillable Stainless Steel Kegs From China Preliminary Affirmative Determination, in Part, of Critical Circum-stances in the CVD Investigation

A–580–836 Certain Cut-to-Length Carbon-Quality Steel Plate Products From S. Korea

Final Results of ADD Administrative Review; 2017-2018

A–201–845 Sugar From Mexico Agreement Suspending the ADD Investigation (as Amended); Final Results of 2017 Administrative Review

C–201–846 Sugar From Mexico Agreement Suspending the CVD Investigation (as Amended); Final Results of 2017 Administrative Review

A–552–823 C–552–824

Laminated Woven Sacks From Vietnam ADD and CVD Orders

A–428–846 Refillable Stainless Steel Kegs From Germany Preliminary Affirmative Determination of Sales at LTFV, and Post-ponement of Final Determination

A–201–849 Refillable Stainless Steel Kegs From Mexico Preliminary Affirmative Determination of Sales at LTFV

A–570–093 Refillable Stainless Steel Kegs From China

Preliminary Affirmative Determination of Sales at LTFV, Prelimi-nary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures

A–570–092 Mattresses From China Preliminary Determination of Sales at LTFV, Postponement of Fi-nal Determination and Affirmative Preliminary Determination of Critical Circumstances

A–533–843 Certain Lined Paper Products From India Notice of Correction to Final Results of ADD Administrative Re-view; 2016–2017

A–570–095 Aluminum Wire and Cable From China Affirmative Preliminary Determination of Sales at LTFV and Post-ponement of Final Determination

A–570–922 A–583–842

Raw Flexible Magnets From China and Taiwan Final Results of the Expedited Sunset Reviews of the ADD Orders

A–580–809 Circular Welded Non-Alloy Steel Pipe From S. Korea

Final Results of Antidumping Duty Administrative Review; 2016-2017

C–570–923 Raw Flexible Magnets From China Final Results of the Expedited Second Sunset Review of the CVD Order

C–570–982 Utility Scale Wind Towers From China Rescission of CVD Administrative Review; 2018

A–570–848 Freshwater Crawfish Tail Meat From China Final Results of Sunset Review and Revocation of ADD Order

A–583–853 Certain Crystalline Silicon Photovoltaic Prod-ucts From Taiwan

Notice of Court Decision Not in Harmony With the Final Results of the ADD Administrative Review, 2014-2016; and Notice of Amended Final Results of the ADD Administrative Review, 2014-2016

A–570–990 A–201–843

Prestressed Concrete Steel Rail Tie Wire From Mexico and China

Final Results of Sunset Reviews and Revocation of Antidumping Duty Orders

A–583–853 Certain Crystalline Silicon Photovoltaic Prod-ucts From Taiwan

Notice of Preliminary Results of ADD Changed Circumstances Re-view

A–570–896 Magnesium Metal From China Final Results of ADD Administrative Review; 2017-2018

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

A–570–985 Xanthan Gum From China Preliminary Results of the ADD Administrative Review, and Prelim-inary Determination of No Shipments; 2017-2018

A–533–820 A–560–812 A–570–865 A–583–835 A–549–817 A–823–811

Certain Hot-Rolled Carbon Steel Flat Products From India, Indonesia, China, Taiwan, Thai-land, and Ukraine

Final Results of Expedited Third Sunset Reviews of the ADD Or-ders

A–533–863 Certain Corrosion-Resistant Steel Products From India

Final Results of ADD Administrative Review and Final Determina-tion of No Shipments; 2017–2018

A–570–051 C–570–052

Certain Hardwood Plywood Products From China

Preliminary Affirmative Determination of Circumvention of the ADD and CVD Orders

C–570–926 Sodium Nitrite From China Final Results of the Expedited Second Five Year (Sunset) Review of the CVD Order

C–549–818 Certain Hot-Rolled Carbon Steel Flat Products From Thailand

Final Results of the Third Expedited Five Year (Sunset) Review of the CVD Order

A–428–841 A–570–925

Sodium Nitrite From Germany and China Final Results of the Expedited Second Sunset Reviews of the ADD Orders

A–570–847 Persulfates From China Final Results of the Expedited Fourth Sunset Review of the ADD Order

A–570–875 Non-Malleable Cast Iron Pipe Fittings From China

Final Results of Expedited Third Sunset Review of ADD Order

A–570–916 Laminated Woven Sacks From China Final Results of the Expedited Second Sunset Review of the ADD Order

C–570–917 Laminated Woven Sacks From China Final Results of the Second Expedited Five Year (Sunset) Review of the CVD Order

A–570–918 Steel Wire Garment Hangers From China Final Results of the Expedited Second Sunset Review of the ADD Order

A–570–909 Certain Steel Nails From China Notice of Correction of the Amended Final Results of ADD Admin-istrative Review; 2016–2017

C–533–886 Polyester Textured Yarn From India Amended Preliminary Determination of CVD Determination

C–533–821 C–560–813

Certain Hot-Rolled Carbon Steel Flat Products From India and Indonesia

Final Results of Expedited Sunset Reviews of the CVD Orders

A–533–823 A–834–807 A–307–820

Silicomanganese From India, Kazakhstan, and Venezuela

Continuation of the ADD Orders

C–580–884 Certain Hot-Rolled Steel Flat Products From S. Korea

Partial Rescission of the CVD Administrative Review; 2017

A–570–001 Potassium Permanganate From China Rescission of 2018 ADD Administrative Review

A–570–831 Fresh Garlic From China Preliminary Results of the ADD New Shipper Review

A–580–891 Carbon and Alloy Steel Wire Rod From S. Ko-rea

Final Results of ADD Changed Circumstances Review

A–433–812 Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria

Preliminary Results of the ADD Administrative Review; 2016–2018

A–570–028 Hydrofluorocarbon Blends From China Preliminary Results of ADD Administrative Review and Final Re-scission, in Part; 2017–2018

A–570–886 Polyethylene Retail Carrier Bags From China Preliminary Results of ADD Administrative Review and Rescission of Review in Part; 2017– 2018

A–570–904 Certain Activated Carbon From China Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2017–2018

A–580–878 C–580–879

Certain Corrosion-Resistant Steel Products From S. Korea

Opening of Scope Segment and Opportunity to Comment

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

A–580–876 Welded Line Pipe From S. Korea Final Results of ADD Administrative Review and Final Determina-tion of No Shipments; 2016– 2017

A–570–010 Certain Crystalline Silicon Photovoltaic Prod-ucts From China

Final Results of ADD Administrative Review; 2017– 2018

A–533–887 A–583–865 A–570–104

Carbon and Alloy Steel Threaded Rod From India, Taiwan and China

Postponement of Preliminary Determinations in the LTFV Investi-gations

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–449 731– TA–1118-1121

Light-Walled Rectangular Pipe and Tube From China, Korea, Mexico, and Turkey

[SECOND REVIEW] Institution of Five-Year Reviews

731–TA–1143 Small Diameter Graphite Electrodes From China

[SECOND REVIEW] Institution of a Five-Year Review

731–TA–1207-1208 Prestressed Concrete Steel Rail Tie Wire From China and Mexico

[REVIEW] Institution of Five-Year Reviews

701–TA–609 731–TA–1421

Steel Trailer Wheels From China [FINAL] Scheduling of the final phase of CVD and ADD investiga-tions

701–TA–623 731–TA–1449

Vertical Metal File Cabinets From Chin

[PRELIMINARY] Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

701–TA–486 731–TA–1195-1196

Utility Scale Wind Towers From China and Vietnam

[REVIEW] Determinations that revocation of the CVD order and the ADD orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time

731–TA–990 Non-Malleable Cast Iron Pipe Fit-tings From China

[THIRD REVIEW] Scheduling of an Expedited Five-Year Review

701–TA–624-635 731–TA–1450-1451

Quartz Surface Products From India and Turkey

[PRELIMINARY] Institution of ADD and CVD Investigations and Scheduling of Preliminary Phase Investigations

731–TA–747 Fresh Tomatoes From Mexico [FOURTH REVIEW] Termination of Review

701–TA–602 731– TA–1412

Steel Wheels From China [FINAL] Determinations that a US industry is materially injured

731–TA–1446 Sodium Sulfate Anhydrous From Canada

[PRELIMINARY] Determination that there is a reasonable indication that a US industry is materially injured

701–TA–601 731–TA–1411

Laminated Woven Sacks From Vietnam

[FINAL] Determinations that a US industry is materially injured

731–TA–909 Low Enriched Uranium From France [THIRD REVIEW] Termination of Five-Year Review

701–TA–621 731– TA–1447

Ceramic Tile From China [PRELIMINARY] Determinations that there is a reasonable indication that a US industry is materially injured

731–TA–991 Silicon Metal From Russia [THIRD REVIEW] Institution of a Five-Year Review

701–TA–417 731– TA–953, 957–959, 961

Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago

[THIRD REVIEW] Institution of Five-Year Reviews

731–TA–1210–1212 701–TA–454 731–TA–1144

Welded Stainless Steel Pressure Pipe From China, Malaysia, Thai-land, and Vietnam

[REVIEW AND SECOND REVIEW] Institution of Five-Year Reviews

701–TA–499–500 731–TA–1215–1216, 1221–1223

Oil Country Tubular Goods From In-dia, Korea, Turkey, Ukraine, and Vi-etnam

[REVIEW] Institution of Five-Year Reviews

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United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–453 731– TA–1136–1137

Sodium Nitrite From China and Ger-many

[SECOND REVIEW] Scheduling of Expedited Five-Year Reviews

701–TA–452 731– TA–1129–1130

Raw Flexible Magnets From China and Taiwan

[SECOND REVIEW] Scheduling of Expedited Five-Year Reviews

731–TA–1114 Steel Nails From China [SECOND REVIEW] Scheduling of an Expedited Five-Year Review

701–TA–622 731– TA–1448

Dried Tart Cherries From Turkey [PRELIMINARY] Determinations that there is a reasonable indication that a US industry is materially injured

731–TA–1424 Mattresses From China [FINAL] Scheduling of the Final Phase of an ADD Investigation

701–TA–626 731– TA–1452–1454

Certain Collated Steel Staples From China, Korea, and Taiwan

[PRELIMINARY] Institution of AD and CVD Investigations and Sched-uling of Preliminary Phase Investigations

731–TA–747 Tomatoes From Mexico [FINAL] Resumption of the Final Phase of an ADD Investigation

Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

NQ-2018-005 Nitisinone tablets originating in or ex-ported from the Kingdom of Sweden

Finding that the dumping of the subject goods has not caused injury and is not threatening to cause injury to the domestic industry. Rea-sons issued.

RR-2019-001 Hot-rolled carbon steel plate originating in or exported from Brazil, Denmark, In-donesia, Italy, Japan and S. Korea

Notice of expiry review of finding

GC-2018-001-E1

Certain Steel Goods from all countries except the United States, Mexico, Chile, Israel, Korea, Colombia, Honduras, Panama, Peru and all countries benefit-ting from the General Preferential Tariff

Notice of commencement of Exclusions Inquiry

Canada Border Services Agency (CBSA)

Ref. Number Merchandise/Country Action

CT 2018 ER Copper tube from Brazil, China, Greece, Mexico and South Korea

Statement of reasons concerning the expiry review determina-tion regarding the dumping (Brazil, China, Greece, Mexico and South Korea) and subsidizing (China)

HSS 2018 ER Certain hollow structural sections origi-nating in or exported from S. Korea and Turkey

Notice of Expiry Review Decision that the expiry of the order is likely to result in the continuation or resumption of dumping of such goods

SC OCTG1 2019 SP Dumping and subsidizing: Certain seam-less casing and oil country tubular goods from China

Notice of initiation of Scope Proceeding

PLA7 2019 ER

Certain hot-rolled carbon steel plate origi-nating in or exported from Brazil, Den-mark, Indonesia, Italy, Japan, and S. Ko-rea

Notice of initiation of Expiry Review Investigation

TR 2018 XR 01 Certain liquid dielectric transformers origi-nating in S. Korea

Notice of initiation of Expedited Review

PLA5 2018 ER Certain hot-rolled carbon steel plate origi-nating in or exported from Bulgaria, the Czech Republic and Romania

Notice of Expiry Review Decision: expiry of the order is likely to result in the continuation or resumption of dumping of such good Statement of reasons

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Canada Border Services Agency (CBSA)

Ref. Number Merchandise/Country Action

OCTG1 SC 2019 UP 02

Certain oil country tubular goods (OCTG) and certain seamless casing exported to Canada

Notice of Conclusion of Normal Value and Export Price Review

NAFTA Panels

Case Number Merchandise/Country Action

USA–MEX–2019–1904– 01 Light-Walled Rectangular Pipe and Tube from Mexico

Requests for Panel Review of Final Results of ADD Administra-tive Review

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action

Rev. 20/18 Cold rolled sheet, originating in S Korea Resolution by which the interested party's request is accepted and the initiation of the revision of the commitment assumed by the exporter POSCO is declared

EC 07/19 Pencils originating in China Resolution declaring the commencement of the validity of the ADD imposed

EC 05/19

Synthetic fiber coverings of raschel type fab-ric, printed, plain, with or without embroi-dery, with or without intermediate batting, of any size, originating in China

Resolution declaring the commencement of the validity of the ADD imposed

EA 05/18 Aluminum foil rolls originating in China Preliminary resolution of the AD investigation

A.E. 07/18 Ammonium sulfate originating in China Final investigation into the circumvention of ADD

European Union

Reference Merchandise/Country Action

(EU) 2019/687 Certain organic coated steel products originating in China

Commission Implementing Regulation imposing a definitive ADD following an expiry review

(EU) 2019/688 Certain organic coated steel products originating in China

Commission Implementing Regulation imposing a definitive CVD following an expiry review

2019/C 151/05 Continuous filament glass fibre products originating in Bahrain and Egypt

Notice of initiation of an anti-dumping proceeding

2019/C 165/03 Citric acid from China Notice of the impending expiry of certain AD measures 23.01.20

2019/C 165/04 Monosodium glutamate from China Notice of the impending expiry of certain AD measures 23.01.20

2019/C 165/05 Monosodium glutamate from Indonesia Notice of the impending expiry of certain AD measures 23.01.20

2019/C 165/06 Solar glass originating in China Notice of initiation of an expiry review of the AD measures

2019/C 165/07 Solar glass originating in China Notice of initiation of an expiry review of the CV measures

(EU) 2019/765 Bioethanol originating in the USA Repealing the ADD on imports and terminating the proceedings in respect of such imports, following an expiry review

2019/C 166/04 Welded tubes and pipes of iron or non-al-loy steel from Belarus, Russia and China

Notice of the impending expiry of certain AD measures 28.01.20

2019/C 167/07 Certain woven and/or stitched glass fibre fabrics originating in China and Egypt

Notice of initiation of an anti-subsidy proceeding

2019/C 169/08 Certain steel products Notice of initiation concerning the review of the safeguard measures

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European Union

Reference Merchandise/Country Action

2019/C 176/07 Certain rainbow trout originating in Turkey Notice of initiation of a partial interim review of the countervailing measures

(EU) 2019/915 Certain aluminium foil in rolls originating in China

Commission Implementing Regulation imposing a definitive ADD following an expiry review

2019/C 192/15 Continuous filament glass fibre products originating in Egypt

Notice of initiation of an anti-subsidy proceeding

Australian Anti-Dumping Commission

Notice № and

Case

Merchandise/Country Action

2019/044 482 Aluminium extrusions from China Findings in relation to a Review of AD Measures

2019/045 EPR 441

Steel Pallet racking from China, Malaysia Findings in relation to a Dumping Investigation

2019/047 469 PVC flat electric cables from China Findings in relation to a Dumping and Subsidy Investigation

2019/054 486 489

Steel reinforcing bar from Korea, Taiwan Findings in Relation to Reviews of AD Measures

2019/057 473 Ammonium nitrate from China, Sweden, Thailand

Findings in relation to a Dumping Investigation

2019/060 490 Aluminium extrusions from Malaysia Findings in Relation to a Review of AD Measures relating to Alu-mac Industries Sdn Bhd

2019/061 494 Aluminium extrusions from Malaysia Findings in Relation to a Review of AD Measures relating to Alu-mac Industries Sdn Bhd

2019/063 512 Grinding balls from China Initiation of an Accelerated Review

2019/064 510 Aluminium extrusions from Malaysia Initiation of an Accelerated Review

2019/065 511 Grinding balls from China Initiation of an Accelerated Review

2019/066 483 Wire ropes from South Africa Extension of time to issue Final Report 483

2019/067 490 494

Aluminium extrusions from Malaysia Notice for longer period for the declaration of the Minister for In-dustry, Science and Technology

2019/068 489 486

Steel reinforcing bar from Korea, Taiwan Notice for longer period for declaration.

2019/069 473 Ammonium nitrate from China, Sweden, Thailand

Extension of time regarding the decision of the Minister for Indus-try, Science and Technology

2019/070 507 Power transformers from China Day 60 Status Report

2019/071 514 Aluminium extrusions from China Initiation of an Accelerated Review

2019/072 483 Wire ropes from South Africa Extension of time to Final Report

2019/073 466 Railway wheels from China and France Notice to extend period for decision by the Minister

2019/074 504 Power transformers from Indonesia, Tai-wan and Thailand

Extension of time granted to issue the SEF and Final Report - Power Transformers

2019/075 507 Power transformers from China Extension of time granted to issue the SEF and Final Report - Power Transformers

2019/076 466 Railway wheels from China and France Notice for longer period for the decision of the Minister for Industry, Science and Technology

China Ministry of Commerce (MOFCOM)

Ref. № Merchandise/Country Action

20, 2019 Alloy steel seamless steel pipe for high temper-ature pressure bearing imported from the US and the EU

Final review of the AD measures

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21, 2019 Tetrachloroethylene Originating in the EU and US

Final Review of the AD Measures

23, 2019 Imported Polyphenylene Sulfides Originating in Japan, the United States, South Korea and Malaysia

AD Investigation

24, 2019 Alloy steel seamless steel pipe for high temper-ature pressure bearing originating in the US and the EU

Adjustment of the ADD rate applicable

25, 2019 Acetones Originating in Japan, Singapore, South Korea and Taiwan

Final Review of the AD Measures

Government of India Ministry of Finance (Department of Revenue)

Notification № Merchandise/Country Action

20/2019-Cus (ADD) 03-05-19

Saccharin originating in or exported from Indonesia Definitive ADD imposed for a period of 5 years

21/2019-Cus (ADD) 09-05-19

Ductile Iron Pipes originating in or exported from China PR

ADD extended until June 23, 2019

Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

INITIATIONS

7/3/2019-DGTR 01-05-19

Clear Float Glass originating in or exported from Pa-kistan, Saudi Arabia and UAE

Initiates Sunset Review Investigation

6/7/2019- DGTR 16-05-19

Digital Offset Printing Plates originating in or ex-ported from China PR, Japan, Korea RP, Taiwan and Vietnam

Initiates AD Investigation

ORAL HEARINGS

7/38/2018-DGTR 06-05-19

Saturated Fatty Alcohols originating in or exported from Indonesia, Malaysia, Thailand and Saudi Arabia

Reschedules oral hearing in New-Shipper Review Investigation on 21 May, 2019

FINAL FINDINGS

7/8/2018-DGAD 02-05-19

New/unused Pneumatic Radial Tyres originating in or exported from China PR

Final Finding issued in New Shipper Review Inves-tigation

7/09/2017-DGAD 02-05-19

Jute Products viz – Jute Yarn/Twine (multiple folded/cabled and single), Hessian Fabric and Jute Yarn originating in or exported from Bangladesh

Final Finding issued in New Shipper Review Inves-tigation

OTHERS

7/44/2018-DGTR 29-04-19

Electrical Insulators originating in or exported from China PR

Recognition of interested parties in Sunset Review Investigation

6/4/2019-DGTR 03-05-19

Aluminium and Zinc coated flat products originating in or exported from China PR, Vietnam, and Korea RP

Notifies Vietnam not required to file supplementary information to demonstrate prevalence of market condition related to manufacturing, production and sales of subject goods in domestic market and ex-port to India and other countries

6/3/2019-DGTR 07-05-19

Chlorinated Polyvinyl Chloride originating in or ex-ported from Korea RP and China PR

Time line for filing Exporter Questionnaire re-sponse by producers/ exporters extended until 27 May, 2019

6/17/2018-DGAD 13-05-19

Continuous Cast Copper Wire Rods originating in or exported from Indonesia, Malaysia, Thailand and Vi-etnam

Intimates Product Control Number (PCN) based on ITC(HS) codes in Anti-subsidy Investigation and calls for PCN wise information by 31 May, 2019

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Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

6/4/2019-DGTR 24-05-19

Aluminium and Zinc coated flat products originating in or exported from China PR, Vietnam, and Korea RP

Time line for filing Exporter Questionnaire re-sponse by producers/ exporters extended until 7 June, 2019

6/45/2017-DGAD 31-05-19

Textured Tempered Coated and Uncoated Glass originating in or exported from Malaysia

Corrigendum to Final Finding issued

Opportunity to Request Administrative Review

In a May 1, 2019 Federal Register notice, the US Department of Commerce an-

nounced that it will receive requests to conduct administrative reviews of various

antidumping (AD) and countervailing duty (CVD) orders and findings with May

anniversary dates:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings

AUSTRIA: Carbon and Alloy Steel Cut-To-Length Plate A–433–812 5/1/18–4/30/19 BELGIUM: Carbon and Alloy Steel Cut-To-Length Plate A–423–812 5/1/18–4/30/19 Stainless Steel Plate in Coils A–423–808 5/1/18–4/30/19 BRAZIL: Iron Construction Castings A–351–503 5/1/18–4/30/19 CANADA: Citric Acid and Citrate Salt A–122–853 5/1/18–4/30/19 Polyethylene Terephthalate Resin A–122–855 5/1/18–4/30/19 FRANCE: Carbon and Alloy Steel Cut-To-Length Plate A–427–828 5/1/18–4/30/19 GERMANY: Carbon and Alloy Steel Cut-To-Length Plate A–428–844 5/1/18–4/30/19 INDIA: Polyethylene Terephthalate Resin A–533–861 5/1/18–4/30/19 Certain Welded Carbon Steel Standard Pipes and Tubes A–533–502 5/1/18–4/30/19 Silicomanganese A–533–823 5/1/18–4/30/19 INDONESIA: Polyethylene Retail Carrier Bags A–560–822 5/1/18–4/30/19 ITALY: Carbon and Alloy Steel Cut-To-Length Plate A–475–834 5/1/18–4/30/19 Carbon and Alloy Steel Wire Rod A–475–836 10/31/17–4/30/19 JAPAN: Carbon and Alloy Steel Cut-To-Length Plate A–588–875 5/1/18–4/30/19 Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products A–588–869 5/1/18–4/30/19 Gray Portland Cement and Cement Clinker A–588–815 5/1/18–4/30/19 KAZAKHSTAN: Silicomanganese A–834–807 5/1/18–4/30/19 OMAN: Polyethylene Terephthalate Resin A–523–810 5/1/18–4/30/19 PAKISTAN: Circular Welded Carbon-Quality Steel Pipe A–535–903 12/1/17–11/30/18 S. KOREA: Carbon and Alloy Steel Cut-To-Length Plate A–580–887 5/1/18–4/30/19 Carbon and Alloy Steel Wire Rod A–580–891 10/31/17–4/30/19 Ferrovanadium A–580–886 5/1/18–4/30/19 Polyester Staple Fiber A–580–839 5/1/18–4/30/19 VIETNAM: Polyethylene Retail Carrier Bags A–552–806 5/1/18–4/30/19 SOUTH AFRICA: Stainless Steel Plate in Coils A–791–805 5/1/18–4/30/19 SPAIN: Carbon and Alloy Steel Wire Rod A–469–816 10/31/17–4/30/19 TAIWAN: Carbon and Alloy Steel Cut-To-Length Plate A–583–858 5/1/18–4/30/19 Certain Circular Welded Carbon Steel Pipes and Tubes A–583–008 5/1/18–4/30/19 Polyester Staple Fiber A–583–833 5/1/18–4/30/19 Polyethylene Retail Carrier Bags A–583–843 5/1/18–4/30/19 Stainless Steel Plate in Coil A–583–830 5/1/18–4/30/19 Stilbenic Optical Brightening Agents A–583–848 5/1/18–4/30/19 PR OF CHINA: Carton-Closing Staples A–570–055 11/3/17–4/30/2018 1-Hydroxyethylidene-1, 1-Diphoshonic Acid (Hedp) A–570–045 5/1/18–4/30/19 Aluminum Extrusions A–570–967 5/1/18–4/30/19

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AD/CVD Proceedings - Country/ Merchandise Case No. Period

Circular Welded Carbon Quality Steel Line Pipe A–570–935 5/1/18–4/30/19 Citric Acid and Citrate Salt A–570–937 5/1/18–4/30/19 Iron Construction Castings A–570–502 5/1/18–4/30/19 Oil Country Tubular Goods A–570–943 5/1/18–4/30/19 Polyethylene Terephthalate Resin A–570–024 5/1/18–4/30/19 Pure Magnesium A–570–832 5/1/18–4/30/19 Stilbenic Optical Brightening Agents A–570–972 5/1/18–4/30/19 TURKEY: Carbon and Alloy Steel Wire Rod A–489–831 10/31/17–4/30/19 Circular Welded Carbon Steel Pipes and Tubes A–489–501 5/1/18–4/30/19 Light-Walled Rectangular Pipe and Tube A–489–815 5/1/18–4/30/19 UNITED ARAB EMIRATES: Steel Nails A–520–804 5/1/18–4/30/THE UNITED KINGDOM: Carbon and Alloy Steel Wire Rod A–412–826 10/31/17–4/30/19 VENEZUELA: Silicomanganese A–307–820 5/1/18–4/30/19

Countervailing Duty Proceedings

BRAZIL: Iron Construction Castings C–351–504 1/1/18–12/31/18 INDIA: Polyethylene Terephthalate Resin C–533–862 1/1/18–12/31/18 ITALY: Carbon and Alloy Steel Wire Rod C–475–837 9/5/17–12/31/18 S. KOREA: Carbon and Alloy Steel Cut-To-Length Plate C–580–888 1/1/18–12/31/18 VIETNAM: Polyethylene Retail Carrier Bags C–552–805 1/1/18–12/31/18 SOUTH AFRICA: Stainless Steel Plate in Coils C–791–806 1/1/18–12/31/18 PR OF CHINA: Citric Acid and Citrate Salt C–570–938 1/1/18–12/31/18 1-Hydroxyethylidene-1, 1-Diphoshonic Acid (Hedp) C–570–046 1/1/18–12/31/18 Aluminum Extrusions C–570–968 1/1/18–12/31/18 Polyethylene Terephthalate Resin C–570–025 1/1/18–12/31/18

Suspension Agreements

None

In a June 3, 2019 Federal Register notice, the US Department of Commerce an-

nounced that it will receive requests to conduct administrative reviews of various

antidumping (AD) and countervailing duty (CVD) orders and findings with June

anniversary dates:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings

GERMANY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel A–428–845 11/22/17–5/31/19 INDIA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel A–533–873 11/22/17–5/31/19 ITALY: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel A–475–838 11/22/17–5/31/19 JAPAN: Carbon and Alloy Seamless Standard, Line, and Pressure (over 41⁄2 inches), A–588–850 6/1/18–5/31/19 Carbon and Alloy Seamless Standard, Line, and Pressure (under 41⁄2 inches) A–588–851 6/1/18–5/31/19 MEXICO: Prestressed Concrete Steel Rail Tie Wire A–201–843 6/1/18–5/31/19 S. KOREA: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel A–580–892 11/22/17–5/31/19 SR OF VIETNAM: Certain Tool Chests and Cabinets A–552–821 11/16/17–5/31/19 SPAIN: Chlorinated Isocyanurates A–469–814 6/1/18–5/31/19 Finished Carbon Steel Flanges A–469–815 6/1/18–5/31/19 SWITZERLAND: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel A–441–801 11/22/17–5/31/19 TAIWAN: Helical Spring Lock Washers A–583–820 6/1/18–5/31/19 P R OF CHINA: Artist Canvas A–570–899 6/1/18–5/31/19 Carton-Closing Staples A–570–055 11/3/17–4/30/19 Certain Cold-Drawn Mechanical Tubing of Carbon

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AD/CVD Proceedings - Country/ Merchandise Case No. Period

and Alloy Steel A–570–058 11/22/17–5/31/19 Certain Tool Chests and Cabinets A–570–056 11/16/17–5/31/19 Chlorinated Isocyanurates A–570–898 6/1/18–5/31/19 Furfuryl Alcohol A–570–835 6/1/18–5/31/19 High Pressure Steel Cylinders A–570–977 6/1/18–5/31/19 Polyester Staple Fiber A–570–905 6/1/18–5/31/19 Prestressed Concrete Steel Rail Tie Wire A–570–990 6/1/18–5/31/19 Prestressed Concrete Steel Wire Strand A–570–945 6/1/18–5/31/19 Silicon Metal A–570–806 6/1/18–5/31/19 Tapered Roller Bearings A–570–601 6/1/18–5/31/19

Countervailing Duty Proceedings

PR OF CHINA: High Pressure Steel Cylinders C–570–978 1/1/18–12/31/18 Stainless Steel Flanges C–570–065 1/23/18–12/31/18

Suspension Agreements

None

Requested Reviews

In a May 2, 2019 Federal Register notice, the US Department of Commerce an-

nounced that it has received timely requests to conduct administrative reviews

of various antidumping and countervailing duty orders and findings with February

anniversary dates. See actual notices for companies requesting review:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings

MEXICO: Large Residential Washers A-201-842 2/1/18 - 1/31/19 INDIA: Certain Frozen Warmwater Shrimp A-533-840 2/1/18 - 1/31/19 Stainless Steel Bar A-533-810 2/1/18 - 1/31/19 ITALY: Stainless Steel Butt-Weld Pipe Fittings A-475-828 2/1/18 - 1/31/19 MALAYSIA: Stainless Steel Butt-Weld Pipe Fittings A-557-809 2/1/18 - 1/31/19 S. KOREA: Large Residential Washers A-580-868 2/1/18 - 1/31/19 Certain Cut-To-Length Carbon-Quality Steel Plate A-580-836 2/1/18 - 1/31/19 SR OF VIETNAM: Certain Frozen Warmwater Shrimp A-552-802 2/1/18 - 1/31/19 Utility Scale Wind Towers A-552-814 2/1/18 - 1/31/19 TAIWAN: Crystalline Silicon Photovoltaic Products A-583-853 2/1/18 - 1/31/19 THAILAND: Frozen Warmwater Shrimp A-549-822 2/1/18 - 1/31/19 PR OF CHINA: Certain Frozen Warmwater Shrimp A-570-893 2/1/18 - 1/31/19 Crystalline Silicon Photovoltaic Products A-570-010 2/1/18 - 1/31/19 Multilayered Wood Flooring A-570-970 12/1/17 - 11/30/18 Small Diameter Graphite Electrodes A-570-929 2/1/18 - 1/31/19 Uncovered Innerspring Units A-570-928 2/1/18 - 1/31/19 Utility Scale Wind Towers A-570-981 2/1/18 - 1/31/19

Countervailing Duty Proceedings

INDIA: Cold-Drawn Mechanical Tubing C-533-874 9/25/17 - 12/31/18 S. KOREA: Certain Cut-To-Length Carbon-Quality Steel Plate C-580-837 1/1/18 - 12/31/18 PR OF CHINA: Cold-Drawn Mechanical Tubing C-570-059 9/25/17 - 12/31/18 Crystalline Silicon Photovoltaic Products C-570-011 1/1/18 - 12/31/18 Tool Chests and Cabinets C-570-057 9/15/17 - 12/31/18 Utility Scale Wind Towers C-570-982 1/1/18 - 12/31/18 Hardwood Plywood Products C-570-052 4/25/17 - 12/31/18

Suspension Agreements

None

In a May 29, 2019 Federal Register notice, the US Department of Commerce an-

nounced that it has received timely requests to conduct administrative reviews

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of various antidumping and countervailing duty orders and findings with March

anniversary dates. See actual notices for companies requesting review:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings

BRAZIL: Uncoated Paper A-351-842 3/1/18 - 2/28/19 INDIA: Certain Frozen Warmwater Shrimp A-533-840 2/1/18 - 1/31/19 INDONESIA: Uncoated Paper A-560-828 3/1/18 - 2/28/19 PORTUGAL: Uncoated Paper A-471-807 3/1/18 - 2/28/19 THAILAND: Circular Welded Carbon Steel Pipes and Tubes A-549-502 3/1/18 - 2/28/19 PR OF CHINA: Certain Amorphous Silica Fabric A-570-038 3/1/18 - 2/28/19 Carbon and Alloy Steel Cut-To-Length Plate A-570-047 3/1/18 - 2/28/19 Glycine A-570-836 3/1/18 - 2/28/19

Countervailing Duty Proceedings

INDIA: Fine Denier Polyester Staple Fiber A-533-876 11/6/17 - 12/31/18 Certain Cold-drawn Mechanical Tubing of Carbon and Alloy Steel C-533-874 9/25/17 - 12/31/18 INDONESIA: Uncoated Paper C-560-829 1/1/18 - 12/31/18 PR OF CHINA: Certain Amorphous Silica Fabric C-570-039 1/1/18 - 12/31/18 TURKEY: Circular Welded Carbon Steel Pipes and Tubes C-489-502 1/1/18 - 12/31/18

Suspension Agreements

None

In a June 13, 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 April an-

niversary dates. See actual notices for companies requesting review:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings

ARGENTINA: Biodiesel A–357–820 10/31/17–3/31/19 INDONESIA: Biodiesel A–560–830 10/31/17–3/31/19 S. KOREA: Phosphor Copper A–580–885 4/1/18–3/31/19 PR of CHINA: Aluminum Foil A–570–053 11/2/17–3/31/19 Certain Activated Carbon A–570–904 4/1/18–3/31/19 Certain Steel Threaded Rod A–570–932 4/1/18–3/31/19 Drawn Stainless Steel Sinks A–570–983 4/1/18–3/31/19 Magnesium Metal A–570–896 4/1/18–3/31/19 Multilayered Wood Flooring A–570–970 12/1/17–11/30/18 Stainless Steel Sheet and Strip A–570–042 4/1/18–3/31/19

Countervailing Duty Proceedings

INDIA: Fine Denier Polyester Staple Fiber C–533–876 11/6/17–12/31/18 PR of CHINA: Aluminum Foil C–570–054 8/14/18–12/31/18 Stainless Steel Sheet and Strip C–570–043 1/1/18–12/31/18

Suspension Agreements

None

Initiation of Sunset Reviews

In a May 1, 2019, Federal Register notice, the US Department of Commerce ad-

vised that it was automatically initiating a five-year (“Sunset”) review of the anti-

dumping and countervailing duty orders listed below.

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AD/CVD DOC Case

No. ITC Case No. Country Merchandise

A–570–914 731–TA–1118 China Light-Walled Rectangular Pipe and Tube (2nd R) C–570–915 701–TA–449 China Light-Walled Rectangular Pipe and Tube (2nd R) A–570–990 731–TA–1207 China Prestressed Concrete Steel Rail Tie (1st Review) A–570–929 731–TA–1143 China Small Diameter Graphite Electrodes (2nd Rev.) A–201–836 731–TA–1120 Mexico Light-Walled Rectangular Pipe and Tube (2nd R) A–201–843 731–TA–1208 Mexico Prestressed Concrete Steel Rail Tie (1st Rev.) A–580–859 731–TA–1119 S. Korea Light-Walled Rectangular Pipe and Tube (2nd R) A–489–815 731–TA–1121 Turkey Light-Walled Rectangular Pipe and Tube (2nd R)

In a June 4, 2019, Federal Register notice, the US Department of Commerce ad-

vised that it was automatically initiating a five-year (“Sunset”) review of the anti-

dumping and countervailing duty orders listed below.

AD/CVD DOC Case

No. ITC Case No. Country Merchandise

A–351–832 731–TA–953 Brazil Carbon and Certain Alloy, Steel Wire Rod (3rd ) C–351–833 701–TA–417 Brazil Carbon and Certain Alloy, Steel Wire Rod (3rd ) A–570–930 731–TA–1144 China Circular Welded Austenitic, Stainless Pressure Pipe (2nd Review) C–570–931 701–TA–454 China Circular Welded Austenitic, Stainless Pressure Pipe (2nd Review). A–533–857 731–TA–1215 India Oil Country Tubular Goods (1st Review) C–533–858 701–TA–499 India Oil Country Tubular Goods (1st Review) A–560–815 731–TA–957 Indonesia Carbon and Certain Alloy, Steel Wire Rod (2nd) A–557–815 731–TA–1210 Malaysia Welded Stainless Steel, Pressure Pipe (1st ) A–201–830 731–TA–958 Mexico Carbon and Certain Alloy, Steel Wire Rod (3rd) A–841–805 731–TA–959 Moldova Carbon and Certain Alloy, Steel Wire Rod (3rd ) A–580–870 731–TA–1216 S. Korea Oil Country Tubular Goods (1st Review) A–821–817 731–TA–991 Russia Silicon Metal (3rd Review) A–552–816 731–TA–1212 Vietnam Welded Stainless Steel, Pressure Pipe (1st) A–549–830 731–TA–1211 Thailand Welded Stainless Steel, Pressure Pipe (1st))

A–274–804 731–TA–961 Trinidad and Tobago Carbon and Certain Alloy, Steel Wire Rod (3rd) A–489–816 731–TA–1221 Turkey Oil Country Tubular Goods (1st Review) C–489–817 701–TA–500 Turkey Oil Country Tubular Goods (1st Review) A–823–815 731–TA–1222 Ukraine Oil Country Tubular Goods (1st Review) (Sus pension Agreement)

Advance Notification of Sunset Reviews

In a May 1, 2019, Federal Register notice, the US Department of Commerce ad-

vised that the following cases were scheduled for five-year (“Sunset”) reviews for

June 2019. On May 31, 2019, the notice was corrected to remove a duplicate en-

try, insert an omitted entry (indicated as *) and add new reviews (indicated as

**).

AD/CVD Proceedings - Merchandise/Country Case No.

Antidumping Duty Proceedings

Carbon and Certain Alloy Steel Wire Rod from Brazil A–351–832 (3rd Review) Circular Welded Austenitic Stainless Pressure Pipe from China A–570–930 (2nd Review) Carbon and Certain Alloy Steel Wire Rod from Mexico A–201–830 (3rd Review) * Carbon and Certain Alloy Steel Wire Rod from Indonesia A–560–815 (3rd Review) Welded Stainless Steel Pressure from Malaysia A–557–815 (1st Review)

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AD/CVD Proceedings - Merchandise/Country Case No.

Carbon and Certain Alloy Steel Wire Rod from Moldova A–841–805 (3rd Review) Silicon Metal from Russia A–821–817 (3rd Review). Welded Stainless Steel Pressure from Vietnam A–552–816 (1st Review) Welded Stainless Steel Pressure from Thailand A–549–830 (1st Review) Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago A–274–804 (3rd Rev.) Oil Country Tubular Goods from India A–533–857 ** Oil Country Tubular Goods from Turkey A–489–816 ** Oil Country Tubular Goods from Vietnam A–552–817 ** Oil Country Tubular Goods from S. Korea A–580–870 **

Countervailing Duty Proceedings

Carbon and Certain Alloy Steel Wire Rod from Brazil C–351–833 (3rd Review) Circular Welded Austenitic Stainless Pressure Pipe from China C–570–931 (2nd Review) Oil Country Tubular Goods from India C–533–858 ** Oil Country Tubular Goods from Turkey C–489–817 **

Suspended Investigations

Oil Country Tubular Goods from Ukraine A–823–815 (1st Review)

In a May 1, 2019, Federal Register notice, the US Department of Commerce ad-

vised that the following cases were scheduled for five-year (“Sunset”) reviews for

July 2019.

AD/CVD Proceedings - Merchandise/Country Case No.

Antidumping Duty Proceedings

Malleable Cast Iron Pipe Fittings from China A–570–881 (3rd Review) Steel Threaded Rod from China A–570–932 (2nd Review) Polyethylene Terephthalate from India A–533–824 (3rd Review) Polyethylene Terephthalate from Taiwan A–583–837 (3rd Review)

Countervailing Duty Proceedings

Polyethylene Terephthalate from India C–533–825 (3rd Review)

Suspended Investigations

None

SOME OF THE COVERAGE THAT MAY BE REVISED OR ELIMINATED IN FUTURE ISSUES

In this issue, we have not included and are considering eliminating coverage in future issues of: All US EPA and similar non-US environmental notices not directly related to import or export restrictions

(For example: significant new use requirements, new chemical listings/screenings/registrations for TSCA, biocidal and active ingredient listings and pesticide tolerances).

Energy Conservation Program test procedures. FDA guidance documents not directly related to imports/exports or labeling requirements. APHIS or FDA environmental assessments, food additives petitions Orders denying export privileges to individuals

Although included in this issue, we are also considering eliminating listings for EPA pesticide tolerances and CITES notifications.

WTO TBT notices and GAINS reports will still be listed, even if they cover the above.

We are also considering eliminating the tables that frequently appear of laws, regulations and statutory instru-ments from official gazettes except for the US, Canada, Mexico, Australia, China, India, New Zealand, EU-EFTA countries, Ukraine, Turkey, EAEU and South Africa. The editor would like your comments and views on the above. Please send your comments and thoughts via email to stuart.seidel@bakermckenzie.com with the subject line: “ITCU Comments”.

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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

Terrie Gleason San Francisco

Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets

Peerapan Tungsuwan Bangkok

Nick Coward & Janet Kim Washington DC

Miguel Noyola Chicago/Washington DC

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This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

This UPDATE is issued to inform Baker & McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in indi-vidual cases.

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