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(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
The Americas - Central America
The Americas - North America
The Americas - South America
Europe, Middle East and North Africa
Trade compliance enforcement actions - import, export, IPR, FCPA
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifications
Amendments to the CN Explanatory Notes
Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews
Editor, International Trade Compliance Update
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowledgements on the last page
Client Seminar, Bellevue, WA May 15, 2018
Please see our Webinars, Meetings, Seminars section for information on the May 15, 2018 Bellevue WA Global Trade Conference as well as the full schedule of webinars in the 2018 Global Trade and Supply Chain Webinar Series Continuing Challenges in Global Trade, names of speakers, contacts and information on how to register for one or more of these complimentary webinars, as well as information on other events. In addition, there are links to video recordings of past webinars and the 2017 Year-End Export Import Seminar in Santa Clara, California.
To keep abreast of international trade-related news, visit our blogs:
For International Trade Compliance Updates, please regularly visit 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 http://brexit.bakermckenzie.com/
For additional compliance news and comment from around the world, please visit http://globalcompliancenews.com/.
Note: Unless otherwise indicated, all information in this Update is taken from official gazettes, official websites, newsletters or press releases of international organizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or government agencies. The specific source may usually be obtained by clicking on the blue hypertext link. Please note that as a general rule,
information related to fisheries is not covered.
The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
A note on spelling, grammar and dates-In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting 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 automated program and are for information purposes only.
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
Trade Policy Review: The Philippines
The fifth review of the trade policies and practices of The Philippines took place on 26 and 28 March 2018. The basis for the review was a report by the WTO Secretariat and a report by the Government of the Philippines.
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.
India -- Export Related Measures (Complainant: United States) request for consultations by United States
China Certain Measures Concerning the Protection of Intellectual Property Rights (Complainant: United States) request for consultations by United States
Date 14-03-18 23-03-18
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):
United States -- Countervailing Duty Measures on Certain Products from China -- Recourse to Article 21.5 of the DSU by China
Russian Federation -- Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy
Thailand -- Customs and Fiscal Measures on Cigarettes from the Philippines
Appellate Body issues report Compliance panel Established
First requests for the establishment of panels were rejected in the following matters:
Australia -- Anti-Dumping Measures on A4 Copy Paper (Indonesia's request)
United States -- Countervailing Measures on Softwood Lumber from Canada (Canada's request)
United States -- Anti-Dumping Measures Applying Differential Pricing Methodology to Softwood Lumber from Canada (Canada's request)
International Trade Compliance Update | April 2018
Member countries of the WTO are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of "notifications" to all Member countries. See separate section on WTO TBT Notifications for a table which summarizes notifications posted by the WTO during the past month.
Announcements and news releases [dd-mm-yy]
01-03-18 02-03-18 05-03-18 06-03-18 07-03-18
09-03-18 12-02-18 14-03-18 15-03-18
Performance Measurement Workshop for the National Customs of Bolivia Successful 9th Session of the Capacity Building Committee - "SMART Customs: The Gateway to High Performance and Sustainability"
Container Control Programme provided Theoretical Training on Cargo Control in Vietnam World Wildlife Day 2018 - A call to save the big cats: predators under threat!
Customs modernization in Bosnia and Herzegovina
The WCO commemorates the 30th Anniversary of the Harmonized System Convention
WCO and SACU sign a Cooperation Framework Agreement for the implementation of the WCO-SACU Connect Project WCO Supports Project and Change Management for Customs Modernization and Reform in Gambia
WCO signs a Memorandum of Understanding with OSJD
Training of Trainers workshop for ESA Members held at RTC Kenya 19-23rd February 2018
The global Customs community celebrates International Women's Day 2018 17th Session of the Integrity Sub-Committee highlights the critical role of Security in the Integrity agenda
Second Training Workshop for COPES Expert Trainers, Paris, 19-23 February 2018
The first meeting of the Sub-Committee on Customs Procedures (SCCP), in Port Moresby, Papua New Guinea Working Group on Use of Additional Languages at the WCO
Regional Workshop on Customs Valuation and Valuation Fraud in Amman, Jordan
Joint WCO/OECD workshop on Transfer Pricing and Customs Valuation for Customs and Tax Administrations of the Americas and Caribbean region
Malawi officials seconded to Rwanda Revenue Authority for study visit Guinea reinforces its capacities in stakeholder engagement in the field of trade facilitation
First WCO Global AEO Conference in Africa opens in Uganda
WCO supports Sudan and Palestine Customs Administrations with the implementation of the nCEN application Successful Leadership and Management Workshop for Secretariat of the Federal Revenue in Brazil The WCO TEG-NII meets in Uganda to discuss the global standard for a NII data format
WCO successfully conducted a National Workshop on Post Clearance Audit (PCA) in Malaysia The WCO Harmonized System Committee (HSC) held its 61st Session from 6 to 16 March 2018 at WCO Headquarters in Brussels
The WCO Private Sector Consultative Group met in Kampala, Uganda
International Trade Compliance Update | April 2018
21-03-18 22-03-18 23-03-18 26-03-18
28-03-18 29-03-18 30-03-18
WCO Data Model Workshop in Bahamas
Development Partners met to coordinate the support in the Americas and the Caribbean Region Successful conclusion of the 4th WCO Global AEO Conference
Customs modernization on track in Guyana WCO and CARICOM conclude an MOU
Launch of WCO Training Programme in the Bahamas Global Travel Assessment System (GTAS) implementation in Maldives WCO supports Single Window implementation in Malawi
Agenda for the Global Conference on Illicit Financial Flows and Trade MisInvoicing Published Building effective organizational development capacities for customs reform and modernization in Cape Verde WCO supports the State Customs Committee of the Republic of Belarus in developing IT to allow automated release of goods in transit
As part of the Revenue Package Phase III Action Plan, the WCO has updated the Customs Laboratory Guide (CLG) by adding information on Regional Customs Laboratories.
Constructive discussions at the WCO Enforcement Committee on how to secure trade and travel Liberia continues its work to implement a competency-based approach to HRM
Mali Customs now has a human resource management strategy thanks to support from the WACAM Project Chile hosts National Workshop on the Harmonized System and tariff management The WCO continues its work with Burkina Faso Customs to establish an advance rulings mechanism
WCO participates in OECD's Global Anti-Corruption & Integrity Forum Successful Conclusion of the 4th WCO Global AEO Conference Modernization of Kuwait Customs in progress
CPTTP signed in Chile by 11 countries
On March 8, 2018 in Santiago, Chile, the ministers of Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam signed the text of the Comprehensive and Progressive Agreement for TransPacific Partnership ("CPTPP").
Even with the sudden withdrawal of the United States from the original agreement in January 2017, the CPTPP still represents more than 13% of the world's Gross Domestic Product (GDP).
After the United States' withdrawal from the Trans-Pacific Partnership ("TPP") originally signed in 2016, the remaining eleven countries decided to go on with such agreement. This was made through the signature of a new agreement, the CPTPP, which incorporates the full contents of the original TPP, exception made of 22 provisions that were suspended. The provisions that were suspended are included in the following chapters of the agreement: Intellectual property, customs administration, investment, cross-border trade in services, financial services, telecommunications, environment, transparency and anticorruption.
Once in force, the CPTPP will grant Mexico preferential access to Australia, Bru-
International Trade Compliance Update | April 2018
nei, Malaysia, New Zealand, Singapore and Vietnam, countries with which Mexico did not have trade agreements; while it will increase the previously granted preferences with countries with which it already has trade agreements, i.e., Canada, Chile, Japan and Peru.
The texts of the agreement can be found in the following links
Text of the CPTPP with list of suspended provisions (English)
Text of the CPTPP and all 30 chapters (excluding annexes) (English Zip file)
Text of the CPTPP with the list of suspensions (Spanish version)
Explanatory Note of the list of suspension (Spanish version)
The next step is the ratification of the agreement by each country, in accordance with their internal procedures.
In order for the CPTPP to become effective, at least 6 of the signatory countries must notify their ratification. Once this happens, the CPTPP will become effective after 60 days.
Baker McKenzie has a team that can assist you in any of the signatory countries. Likewise, if you need assistance regarding the duty preferences to be granted to your products once the CPTPP becomes effective and the requirements to be entitled to claim those preferences, please do not hesitate to contact the authors, Adriana Ibarra Fernndez, Jos Hoyos Robles or any member of the International and Commercial Trade practice in any of the signatory countries where Baker McKenzie has offices.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has issued the following notifications to the parties:
19-03-18 21-03-18 22-03-18
2018/023 Questionnaire on African tree species Annex : African Tree Species Questionnaire
2018/024 Eighteenth meeting of the Conference of the Parties Sponsored Delegates Project
Annex: Application form for financial assistance 2018/025 AUSTRALIA Australia's stricter domestic measures for trade in CITES species 2018/026 Vacancy announcement for the post of CITES Secretary-General 2018/027 Registration of operations that breed Appendix-I animal species in captivity for commercial purposes 2018/028 Thirtieth meeting of the Animals Committee
Annex: List of observers admitted at the 28th and 29th meetings of the Animals Committee
2018/029 Twenty-fourth meeting of the Plants Committee
International Trade Compliance Update | April 2018
Annex: List of observers admitted at the 22nd and 23rd meetings of the Plants Committee
2018/030 Implementation of Decision 17.297 on Tortoises and freshwater turtles (Testudines spp.)
2018/031 INDIA Ban on trade in wild fauna and flora, except certain specimens of Dalbergia latifolia and Dalbergia sissoo
2018/032 Request for non-detriment findings (NDFs), with a focus on source codes R1 and F2
2018/033 Request for information on the implementation of Resolution Conf. 11.20 (Rev. CoP17) on Definition of the term `appropriate and acceptable destinations' and Article III, paragraphs 3 (b) and 5 (b), of the Convention
The Americas - Central America
Costa Rica launches safeguard investigation on rebar
On 26 March 2018, Costa Rica notified the WTO's Committee on Safeguards that it publicized on 19 March 2018 an initiation of a safeguard investigation on imports of bars of steel for the reinforcement of concrete. In the notification Costa Rica indicated, among other things, as follows (excerpt from a provisional English translation):
" i) Presentation of evidence and submission of comments
... [T]he parties will have 10 working days ... counted from the notification of the beginning of the investigation, to present written submissions and any document of defense that they consider pertinent.
Likewise, they will have 3 working days, counted from the last notification of the beginning of the investigation, to file an appeal under ... the General Law of the Costa Rican Public Administration.
... [T]he parties will have 45 calendar days, counted from the day following the notification of the request for information ..., to provide evidence.
ii) Deadlines and procedure for Members and exporters to identify themselves as interested parties
... [A] period of 8 working days, counted as of its publication in the Official Gazette, is granted to anyone who considers itself an interested party in the proceeding to appear before the Investigating Authority ... "
Further information is available in G/SG/N/6/CRI/4 (currently available only in Spanish).
Nicaraguan Classification Resolutions (Customs Rulings)
The Direccin General de Servicios Aduaneros (Nicaraguan Customs Service) has made the full text of tariff classification resolutions issued from 2004 to the present available on its website. The tariff classification resolutions are based on the common Central American tariff known as Sistema Arancelario Centroamericano.
International Trade Compliance Update | April 2018
The Americas - North America
Canada takes action to stop transshipment of steel and aluminum
March 27, 2018, the Prime Minister's website announced that:
The transshipment and diversion of unfairly cheap foreign steel and aluminum is a threat to Canadian jobs and the North American market.
Canada already has one of the toughest enforcement regimes in the world to combat this practice. We currently have 71 trade remedy measures in force on steel and aluminum imports alone. And we are strengthening enforcement further to stop foreign exporters from avoiding duties meant to level the playing field.
The following regulatory changes will be brought forward and be subject to a 15-day consultation period through the Canada Gazette:
New anti-circumvention investigations will allow the Canada Border Services Agency to identify and stop companies that try to dodge duties (for example, by slightly modifying products or assembling them in Canada or a third country).
In calculating duties, the Canada Border Services Agency will have greater flexibility in determining whether prices charged in the exporter's domestic market, which we use for comparison, are reliable or distorted.
Unions will gain standing to participate in trade-remedy proceedings, including at the Canadian International Trade Tribunal, into whether foreign exports are hurting domestic producers.
In addition, the Government of Canada will:
Coordinate more closely with our partners to strengthen enforcement at the border, including by increasing the frequency of meetings between border agencies. This will improve the sharing of information and enforcement action. We will also urgently undertake a review to make sure our enforcement agencies have all the resources they need to take action on unfair trade.
Look to meet more often with the United States and Mexico to identify and discuss solutions to issues that harm all three countries, including transshipment, diversion, and global overcapacity.
Participate in new federal-provincial-territorial-stakeholder committees, which will meet regularly to monitor steel and aluminum trade to ensure imports do not hurt Canadian and North American jobs.
These changes form part of what will be a continuous process of making Canada's trade remedy investigations and enforcement more robust, responsive and timely.
We will always stand up for Canadian steel and aluminum workers and the Canadian steel and aluminum industry.
MFA's position on US steel and aluminum tariffs
On March 1, 2018, the Honourable Chrystia Freeland, Minister of Foreign Affairs, issued the following statement:
"As a key NORAD and NATO ally, and as the number one customer of American steel, Canada would view any trade restrictions on Canadian steel and aluminum as absolutely unacceptable.
International Trade Compliance Update | April 2018
"Any restrictions would harm workers, the industry and manufacturers on both sides of the border. The steel and aluminum industry is highly integrated and supports critical North American manufacturing supply chains. The Canadian government will continue to make this point directly with the American administration at all levels.
"Canada is a safe and secure supplier of steel and aluminum for U.S. defence and security. Canada is recognized in U.S. law as a part of the U.S. National Technology and Industrial Base related to national defence.
"The United States has a $2-billion surplus in steel trade with Canada. Canada buys more American steel than any other country in the world, accounting for 50% of U.S. exports.
"It is entirely inappropriate to view any trade with Canada as a national security threat to the United States. We will always stand up for Canadian workers and Canadian businesses. Should restrictions be imposed on Canadian steel and aluminum products, Canada will take responsive measures to defend its trade interests and workers."
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)
03-03-18 03-08-18 03-10-18
Environment/Health: Publication of final decision after screening assessment of a living organism -- Bacillus thuringiensis (B. thuringiensis) strain ATCC 11 13367 -- specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Environment/Health: Publication of results of investigations and recommendations for a substance -- cyclohexane, 5-isocyanato-1- (isocyanatomethyl)-1,3,3-trimethyl- (IPDI), CAS RN 4098-71-9 -- specified on the Do-
mestic Substances List (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999 Chap. 21 Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (S-226) (Act) Chap. 27 Preclearance Act, 2016 (C-23) (Act)
Environment/Health: Publication after screening assessment of seven hydrocarbon-based substances specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)
Environment/Health: Publication of results of investigations and recommendations for a substance -- cyclohexene, 4-ethenyl- (4-vinylcyclohexene or
4-VCH), CAS RN 2 100-40-3 -- specified on the Domestic Substances List (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999) Finance: Asian Infrastructure Investment Bank Order (SOR/2018-35, March 7, 2018) pursuant to the Asian Infrastructure Investment Bank Agreement Act (O)
Foreign Affairs/Finance: United Nations University International Network on Water, Environment and Health Privileges and Immunities Order
(SOR/2018-36, March 7, 2018) pursuant to the Foreign Missions and International Organizations Act (O) Health: Regulations Amending the Narcotic Control Regulations and the New Classes of Practitioners Regulations (Diacetylmorphine (Heroin) and Metha-
done) (SOR/2018-37, March 7, 2018) pursuant to the Controlled Drugs and Substances Act (R) National Revenue: Regulations Amending the Regulations Relieving Special
International Trade Compliance Update | April 2018
Duty on Certain Tobacco Products and the Regulations Respecting Prescribed
Brands of Manufactured Tobacco and Prescribed Cigarettes.(SOR/2018-41, March 7, 2018) pursuant to the Excise Act, 2001 (R) Transport: Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 108 and 108.1).(SOR/2018-43, March 7, 2018) pursuant to the Motor Vehicle Safety Act (R)
Environment/Health: Publication after screening assessment of four substances in the Epoxy Resins Group specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N)
Environment/Health: Publication of final decision after screening assessment of a living organism -- Enterobacter aerogenes (E. aerogenes) strain ATCC 11 13048 -- specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) Environment: Order 2018-87-02-02 Amending the Non-domestic Substances List pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (N)
Environment: Waiver of information requirements for living organisms (subsection 106(9) of the Canadian Environmental Protection Act, 1999)
Environment: Waiver of information requirements for substances (subsection 81(9) of the Canadian Environmental Protection Act, 1999)
Health: Notice to interested parties -- Proposed regulations amending the Narcotic Control Regulations, the Benzodiazepines and Other Targeted Substances Regulations, and the Food and Drug Regulations -- Parts G and J to align, streamline and modernize the requirements relating to test
The following documents imposing restrictive measures on imports or exports were published in the Canada Gazette or posted on a Government website.
Global Affairs: Regulations Amending the Justice for Victims of Corrupt Foreign Officials Regulations (SOR/2018-25 February 16, 2018) pursuant to the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (R)
The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site. However, no advance rulings were posted by the CBSA during the period of coverage of this Update.
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the past month. (Dates are given in yyyy/mm/dd format.)
International Trade Compliance Update | April 2018
Tariff Classification of Footwear, Covering the Ankle Application of the De Minimis Provision to Textile and Apparel Goods under the North American Free Trade Agreement (NAFTA)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Deadline to benefit from global pedimento is near for adjusting import and export values of 2017 operations
What is the Global Pedimento?
The global pedimento is an administrative benefit established in the Foreign Trade General Rules, by means of which it is possible to adjust the import customs value, or the export commercial value, declared in import and export pedimentos filed during a fiscal year, without the need to rectify each import and export pedimento subject to adjustments. [Note: pedimento is a Customs declaration.]
There are different causes that can trigger the need to adjust import and/or export values, such as the following:
Due to variations in import or export prices, as a result of year-end transfer pricing adjustments;
Adjustments to customs value additions for insurance fees, when companies have hired an annual insurance policy which covers international shipments;
Adjustments to customs value additions pertaining to payments of royalties;
Adjustments to the amounts of freight costs considered as additions;
Differences or errors in the determination of the customs value and/or commercial value declared in import or export pedimentos.
What are the Benefits of Using the Global Pedimento?
The main benefits deriving from the use of the global pedimento include the following:
Reduce customs broker fees and minimize internal administrative burden, by filing just one pedimento to correct the values declared in multiple import or export pedimentos, instead of filing multiple rectification pedimentos (one for each import or export pedimento subject to correction).
Mitigate the exposure to fines and sanctions, by implementing timely, practical and efficiently self-corrective actions.
Duly support income tax deductions of import purchases, by correcting customs values before filing the annual tax return.
International Trade Compliance Update | April 2018
Please note that to be able to apply this benefit, the value adjustments should not detonate a favorable balance of import or export duties.
Deadline to File the Global Pedimento
The global pedimento must be filed before filing the 2017 annual tax return, that is, no later than March 31, 2018. [Note: Since March 31, 2018 is Saturday, the deadline to file the annual tax return would be extended to Monday, April 2, 2018, in terms of article 12 of the Federal Tax Code.]
If the company misses out on the opportunity to file the global pedimento within the timeframe referred above, it is possible to file such global pedimento afterwards, if a complementary tax return is filed.
Our Firm's International Commercial Practice Group is highly experienced in assisting companies with the filing of global pedimentos and assessing the tax/ duty impact of the adjustments, based on industry best practices.
At Baker McKenzie we are at your service to assist you in this endeavor, and we will be pleased to address any inquiry related to this subject. Authors: Dania Guerra Quezada, Andrea Diguez Orozco and Fabian Navares Aguilera.
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.)
03-07-18 03-08-18 03-09-18 03-12-18 03-15-18*
Decree Promulgating the Agreement between the United Mexican States and the Plurinational State of Bolivia on Cooperation, Mutual Administrative Assistance and Exchange of Information on Customs Matters, signed in Mexico City, on November twenty-seventh, two thousand and fifteen.
Economy: Draft Official Mexican Standard PROY-NOM-189-SSA1 / SCFI2016, Products and services. Labeling and packaging for household cleaning products.
Interior Archives: Acuerdo making known the new application to remove from Mexico documentary heritage of the nation
Energy: Official Mexican Norm NOM-028-ENER-2017, energy efficiency of lamps for general use. Limits and test methods.
Economy: National Standardization Program 2018 (Sec. II), (Sec. III), (Sec. IV), (Sec. V)
Resolution of Modifications to the General Rules of Foreign Trade for 2018.
* not published in the Diario Oficial
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
International Trade Compliance Update | April 2018
[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR=FINAL RULE, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE, T= TECHNICAL AMENDMENT; TR=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED.]
During the past month, President Trump signed the following documents that relate to international trade or travel, regulatory reform, national security, law enforcement or related activities:
03-05-18 03-14-18 03-15-18 03-21-18 03-27-18
Notice of March 2, 2018 - Continuation of the National Emergency With Respect to Ukraine
Notice of March 2, 2018 - Continuation of the National Emergency With Respect to Venezuela
Notice of March 2, 2018 - Continuation of the National Emergency With Respect to Zimbabwe
Notice of March 12, 2018 - Continuation of the National Emergency With Respect to Iran
Proclamation 9704 Adjusting Imports of Aluminum into the United States
Proclamation 9705 Adjusting Imports of Steel into the United States
Order Regarding the Proposed Takeover of Qualcomm Incorporated by Broadcom Limited
Executive Order 13827 - Taking Additional Steps to Address the Situation in Venezuela
Memorandum of March 22, 2018 -- Actions by the United States Related to the Section 301 Investigation of China's Laws, Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and Innovation
Notice of March 27, 2018 - Continuation of the National Emergency With Respect to South Sudan
Notice of March 27, 2018 - Continuation of the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities
Proclamation Adjusting Imports of Aluminum 9710 of March 22, 2018 into the United States
Proclamation 9711 of March 22, 2018 - Adjusting Imports of Steel into the United States
President determines AGOA eligibility for Rwanda, Tanzania and Uganda
ON March 29, 2018, the US Trade Representative announced that the President determined the eligibility of Rwanda, Tanzania, and Uganda for trade preference benefits under the African Growth and Opportunity Act (AGOA). The announcement said:
In response to a petition filed by the U.S. used clothing industry in March 2017, the Administration initiated an out-of-cycle review of Rwanda, Tanzania, and Uganda's AGOA eligibility regarding their decisions to phase in a ban on imports of used clothing and footwear. The review found that this import ban harms the U.S. used clothing industry and is inconsistent with AGOA beneficiary criteria for countries to eliminate barriers to U.S. trade and investment.
International Trade Compliance Update | April 2018
Based on the results of the review, the President determined that Rwanda is not making sufficient progress toward the elimination of barriers to U.S. trade and investment, and therefore is out of compliance with eligibility requirements of AGOA. Consequently, the President notified Congress and the Government of Rwanda of his intent to suspend duty-free treatment for all AGOA-eligible apparel products from Rwanda in 60 days.
The President believes suspension of these benefits, instead of termination of Rwanda's status as an AGOA beneficiary, would allow for continued engagement with the aim of restoring market access and thereby bringing Rwanda into compliance with the AGOA eligibility requirements.
The President is not suspending benefits for Tanzania and Uganda because each has taken steps toward eliminating prohibitive tariff rates on imports of used clothing and footwear and committed not to phase in a ban of these products. The United States will continue to monitor whether Tanzania and Uganda implement these commitments and demonstrate compliance with all of AGOA's eligibility requirements.
President signs Consolidated Appropriations Act restores GSP
On March 23, 2018, President Trump signed H.R. 1625, the Consolidated Appropriations Act, 2018 (now Public Law 115-141; the "Act") which will fund the Federal Government through September 2018. Title V, Section 501 of the Act extends the Generalized System of Preferences (GSP) program to December 31, 2020. As in past acts extending GSP, the Act is retroactive to entries or withdrawals for consumption made after December 31, 2017 when GSP expired and before the effective date of the extension (articles entered on or after the 30th day after the date of the enactment of the Act), provided that a request for liquidation or reliquidation is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be located.
Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of a covered article shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). The Act also modified the dates for competitive needs limitations and waivers. The Act extended the collection of merchandise processing fees from February 24, 2027 until July 21, 2027.
President grants temporary exemptions from aluminum and steel tariffs to several countries; domestic party exclusions to be retroactive
On March 22, 2018, President Trump signed Presidential Proclamation 9710 of March 22, 2018 - Adjusting Imports of Aluminum into the United States and Presidential Proclamation 9711 of March 22, 2018 - Adjusting Imports of Steel into the United States (both published in the Federal Register on March 28, 2018) which amend Proclamations 9704 and 9705 to grant relief until May 1, 2018 from the 10% aluminum tariffs and 25% steel tariffs to Canada, Mexico, Australia, Argentina, South Korea, Brazil, and the member countries of the European Union to permit discussions with these countries to continue. The proclamations also leave open the possibility of extending the exemptions and/or imposing quotas.
International Trade Compliance Update | April 2018
The new proclamations further amend the Harmonized Tariff Schedule of the United States as follows:
The reference to "7304.10" in clause 1 of Proclamation 9705, is amended to read "7304.11";
(For steel) paragraph (a) of U.S. note 16, of subchapter III of chapter 99 of the HTSUS and the article description for 9903.80.01 will cover Canada, Mexico, Australia, Argentina, South Korea, Brazil, and the member countries of the European Union; and
(For aluminum): paragraph (a) of U.S. note 19 of subchapter III of chapter 99 of the HTSUS, and the article description for 9903.85.01 will cover Canada, Mexico, Australia, Argentina, South Korea, Brazil, and the member countries of the European Union.
The new proclamations add additional considerations for granting exclusions pursuant to Clause 3 of Proclamations 9704 and 9705, by adding that relief (exclusions) may be provided to directly affected parties on a party-by-party basis taking into account the regional availability of particular articles, the ability to transport articles within the United States, and any other factors as the Secretary deems appropriate. In addition, each of the original proclamations is amended to make relief retroactive to the date the request for exclusion was posted for public comment.
Aluminum and steel articles entered into a foreign trade zone (FTZ) on or after 12:01 a.m. EDT on March 23, 2018 must be admitted into "privileged foreign status" as defined by 19 C.F.R. 146.41 and will be subject upon entry for consumption to any ad valorem rates of duty related to the classification under the applicable HTSUS subheading. Aluminum and steel articles that were admitted into an FTZ under "privileged foreign status" prior to 12:01 a.m. EDT on March 23, 2018, will likewise be subject upon entry for consumption to any ad valorem rates of duty related to the classification under applicable HTSUS subheadings imposed by Proclamations 9704 or 9705, as amended by the March 22 proclamations.
US Customs and Border Protection (CBP) issued CSMS# 18-000240 on March 22, 2018 explaining how the covered products must be entered and how rejected entries will be handled. CBP notes that the merchandise covered by the additional duties may also be subject to antidumping and countervailing duties.
Baker McKenzie is assisting numerous companies to navigate these issues (as well as the product exclusion process) and would be happy to discuss your situation with you. Contacts: Ted Murphy, Rod Hunter and Miguel Noyola. See the Baker McKenzie Client Alert.
President announces "strong actions" to address China's "unfair trade practices"
On March 22, 2018, President Trump issued a Memorandum (published in the Federal Register on March 27, 2018) for the Secretary of the Treasury, the United States Trade Representative (USTR), the Senior Advisor for Policy, the Assistant to the President for Economic Policy, the Assistant to the President for National Security Affairs, and the Assistant to the President for Homeland Security and Counterterrorism announcing his decisions on the actions the Administration
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will take in response to China's unfair trade practices covered in the USTR Section 301 investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. USTR Robert Lighthizer initiated the investigation in August 2017 at the direction of the President.
The President's Memorandum states that the investigation supports the following findings:
First, China uses foreign ownership restrictions, including joint venture requirements, equity limitations, and other investment restrictions, to require or pressure technology transfer from U.S. companies to Chinese entities. China also uses administrative review and licensing procedures to require or pressure technology transfer, which, inter alia, undermines the value of U.S. investments and technology and weakens the global competitiveness of U.S. firms.
Second, China imposes substantial restrictions on, and intervenes in, U.S. firms' investments and activities, including through restrictions on technology licensing terms. These restrictions deprive U.S. technology owners of the ability to bargain and set market-based terms for technology transfer. As a result, U.S. companies seeking to license technologies must do so on terms that unfairly favor Chinese recipients.
Third, China directs and facilitates the systematic investment in, and acquisition of, U.S. companies and assets by Chinese companies to obtain cutting edge technologies and intellectual property and to generate large-scale technology transfer in industries deemed important by Chinese government industrial plans.
Fourth, China conducts and supports unauthorized intrusions into, and theft from, the computer networks of U.S. companies. These actions provide the Chinese government with unauthorized access to intellectual property, trade secrets, or confidential business information, including technical data, negotiating positions, and sensitive and proprietary internal business communications, and they also support China's strategic development goals, including its science and technology advancement, military modernization, and economic development.
The President has instructed that the appropriate response to China's harmful acts, policies and practices should include three separate actions.
1. Tariffs (a) USTR is to take all appropriate action under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) to address the acts, policies, and practices of China that are unreasonable or discriminatory and that burden or restrict U.S. commerce. USTR is to consider whether such action should include increased tariffs on goods from China.
(b) USTR is to publish a proposed list of products and any tariff increases within 15 days the Memorandum. After a period of notice and comment, and after consultation with appropriate agencies and committees, USTR will publish a final list of products and tariff increases, if any, and implement any such tariffs.
2. WTO dispute The President has instructed USTR to pursue dispute settlement in the World Trade Organization (WTO) to address China's discriminatory technology licensing practices. Where appropriate and consistent with law, USTR should pursue this action in cooperation with other WTO members
3. Investment restrictions The President has directed the Secretary of the Treasury to address concerns about investment in the United States directed or facilitated by China in industries or technologies deemed important to the United States.
The full report can be viewed here.
A fact sheet can be viewed here.
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For additional information, please see our Client Alert "Trump on Trade: US to Impose Trade Measures on China as a Result of Section 301 Investigation" prepared by Ted Murphy, Rod Hunter and Miguel Noyola.
US imposes additional economic sanctions on Venezuela targeting cryptocurrencies and certain other individuals
On March 19, 2018, the President issued a new Executive Order (EO) related to Venezuela entitled "Taking Additional Steps to Address the Situation in Venezuela" ("Venezuela EO") available here. The Venezuela EO is the first EO that specifically targets the use of cryptocurrency. Please see our prior blog posts concerning the previous Venezuela-related EOs: (i) EO 13808 of August 24, 2017 here and (ii) EO 13692 of March 8, 2015 here.
The Venezuela EO is aimed at curbing the Venezuela Government's efforts to circumvent US sanctions through the use of cryptocurrencies. Specifically, the Venezuela EO prohibits "US Persons" (i.e., entities organized under US laws and their non-US branches; individuals and entities physically located in the United States; and US citizens and permanent resident aliens, wherever located or employed) from engaging in (i) all transactions related to, provision of financing for, and other dealings in, (ii) any digital currency, digital coin, or digital token, (iii) that was issued by, for, or on behalf of the Venezuelan Government (iv) on or after January 9, 2018.
Based on this description, the prohibitions on dealing in Venezuelan Government-issued cryptocurrencies would apply to (i) any digital currencies that have not yet been developed but are later issued by, for, or on behalf of the Venezuelan Government and (ii) any digital currencies issued by parties other than the Venezuelan Government where the proceeds obtained are "for, or on behalf of" the Venezuelan Government. Other cryptocurrencies, such as cryptocurrencies issued before January 9, 2018 by the Venezuelan Government or cryptocurrencies not issued by, for, or on behalf of the Venezuelan Government, would not be subject to the Venezuela EO. However, such cryptocurrencies would be treated identical to any other funding source and therefore would be subject to the restrictions found in the previously issued Executive Order 13808.
The Office of Foreign Assets Control ("OFAC") also issued three additional FAQs related to the Venezuela EO, available here. The FAQs clarify the following:
1. "Petro" and "petro-gold" (i.e., a cryptocurrency backed by precious metals and issued by the Venezuelan Government) are considered to be digital currencies subject to the prohibitions of Venezuela EO;
2. the bolivar fuerte (i.e., Venezuela's traditional fiat currency) is not considered subject to the prohibitions of Venezuela EO; and
3. absent authorization from OFAC, any US Persons that purchased Venezuelan Government issued cryptocurrencies after January 9, 2018, are prohibited from engaging in any transactions related to, financing for, and otherwise dealing in such currencies after the issuance of Venezuela EO. This means there is no grandfathering for those that purchased or otherwise dealt in cryptocurrencies issued by the Venezuelan Government after January 9, 2018, even if such dealings were before the issuance of the Venezuela EO on March 19, 2018.
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OFAC has also clarified in its separate new Virtual/Digital Currency-related FAQs (here) that, among other things, OFAC compliance obligations are the same regardless of whether a transaction is denominated in digital currency or traditional fiat currency. Companies should consider developing compliance programs that are tailored and risk-based, taking into account the pseudo-anonymous nature of cryptocurrencies.
Lastly, OFAC also added four individuals to the Specially Designated Nationals and Blocked Persons List pursuant to EO 13692. Additional information regarding the designated individuals and Venezuela EO is available here.
For additional information, please contact the authors, Nicholas F. Coward, Eunkyung Kim Shin, Meghan Hamilton or any member of the Outbound Trade group with whom you normally work.
President prohibits acquisition of Qualcomm by Broadcom
On March 12, 2018, President Trump signed an order prohibiting the proposed takeover of Qualcomm Incorporated (Qualcomm) by Broadcom Limited and its related companies (Broadcom) pursuant to section 721 of the Defense Production Act of 1950, as amended (section 721), 50 U.S.C. 4565, and other authorities. The action was taken because the President believed that Broadcom through exercising control of Qualcomm, a Delaware corporation, might take action that threatens to impair the national security of the United States and that section 721 and the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), do not, in the President's judgment, provide adequate and appropriate authority for him to protect the national security in this matter.
President continues national emergency with respect to Iran
On March 14, 2018, the Federal Register published Presidential Notice of March 12, 2018 - Continuation of the National Emergency With Respect to Iran, which extends for an additional year the national emergency originally declared on March 15, 1995 by Executive Order (EO) 12957 to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions and policies of the Government of Iran. More comprehensive sanctions on Iran to further respond to this threat were imposed on May 6, 1995 by EO 12959. EO 13059 (August 19, 1997) consolidated and clarified the earlier orders. Additional steps were taken pursuant through EO 13553 (September 28, 2010), EO 13574 (May 23, 2011), EO 13590 (November 20, 2011), EO 13599 (February 5, 2012), EO 13606 (April 22, 2012), EO 13608 (May 1, 2012), EO 13622 (July 30, 2012), EO 13628 (October 9, 2012), and EO 13645 (June 3, 2013).
On July 14, 2015, the P5+1 (China, France, Germany, Russia, the United Kingdom, and the United States), the European Union, and Iran agreed to a Joint Comprehensive Plan of Action (JCPOA) to ensure that Iran's nuclear program remains exclusively peaceful. On January 16, 2016, Implementation Day under the JCPOA, the United States lifted nuclear-related sanctions on Iran, by terminating a number of EOs that had been issued pursuant to this national emergency and by taking other actions. Though these measures constitute a significant change in the US sanctions posture, comprehensive non-nuclear-related sanctions with respect to Iran remain in place.
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The national emergency is being extended because actions and policies of the Government of Iran, including its development of ballistic missiles, support for international terrorism, and human rights abuses continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.
The emergency declared by EO 12957 constitutes an emergency separate from that declared on November 14, 1979, by EO 12170, in connection with the hostage crisis. This renewal, therefore, is distinct from the emergency renewal of November 2017.
President imposes tariffs on steel and aluminum imports
On March 8, 2018, President Trump signed two Presidential Proclamations, Proclamation 9705 - Adjusting Imports of Steel into the United States and Proclamation 9704 - Adjusting Imports of Aluminum into the United States (both published in the Federal Register on March 15, 2018) pursuant to section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), imposing additional tariffs on importations of iron or steel and aluminum products and modifying the Harmonized Tariff Schedule of the United States (HTSUS). The proclamations are virtually identical except for the product [iron/steel or aluminum] and the tariff rate. The tariffs, of 25% for iron or steel products and 10% for aluminum products, except from Canada or Mexico, were imposed based on a report and recommendations of the Secretary of Commerce (Secretary) who found that "the present quantities and circumstances of steel [and aluminum] articles imports threaten to impair the national security..." The actions are intended to "enable domestic steel [and aluminum] producers to use approximately 80 percent of existing domestic production capacity and thereby achieve long-term economic viability through increased production."
For purposes of the steel proclamation, "steel articles" are defined at the Harmonized Tariff Schedule (HTS) 6-digit level as: 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90, including any subsequent revisions to these HTS classifications.
For the purposes of the aluminum proclamation, "aluminum articles" are defined in the Harmonized Tariff Schedule (HTS) as: (a) unwrought aluminum (HTS 7601); (b) aluminum bars, rods, and profiles (HTS 7604); (c) aluminum wire (HTS 7605); (d) aluminum plate, sheet, strip, and foil (flat rolled products) (HTS 7606 and 7607); (e) aluminum tubes and pipes and tube and pipe fitting (HTS 7608 and 7609); and (f) aluminum castings and forgings (HTS 7616.99.51.60 and 7616.99.51.70), including any subsequent revisions to these HTS classifications.
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Tariff schedule modifications and effective date
The proclamations modify subchapter III of chapter 99 of the HTSUS as provided in the Annexes to each proclamation. The proclamations create new subheadings 9903.80.01 (iron and steel) and 9903.85.01 (aluminum) for products covered by the tariffs, as well as new notes 16 (iron/steel) and 19 (aluminum) to chapter 99. Except as otherwise provided in the proclamation, or in notices published pursuant to exemptions granted pursuant to clause 3 of the proclamation, all steel articles imports specified in the Annex shall be subject to an additional 25 percent ad valorem rate of duty and all aluminum articles shall be subject to an additional 10 per cent ad valorem rate of duty with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018. This rate of duty, which is in addition to any other duties, fees, exactions, and charges applicable to such imported steel and aluminum articles (including any antidumping or countervailing duties), shall apply to imports of steel and aluminum articles from all countries except Canada and Mexico.
The President agreed with a recommendation from the Secretary that he be authorized, in response to specific requests from affected domestic parties, to exclude from any adopted import restrictions those steel [or aluminum] articles for which the Secretary determines there is a lack of sufficient U.S. production capacity of comparable products, or to exclude steel [or aluminum] articles from such restrictions for specific national security-based considerations. The Secretary must promulgate procedures for requesting exemptions within 10 days from the date of the proclamation. [See below for discussion and text of published regulations].
The request must come from an affected domestic producer. The Secretary must consult with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the United States Trade Representative (USTR), the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and such other senior Executive Branch officials as the Secretary deems appropriate, in making a determination.
If the Secretary determines that a particular steel [or aluminum] article should be excluded, the Secretary must, upon publishing a notice of such determination in the Federal Register, notify Customs and Border Protection (CBP) concerning such article so that it will be excluded from the duties described in the proclamation. The Secretary shall consult with CBP to determine whether the HTSUS provisions created by the Annex to the proclamation should be modified in order to ensure the proper administration of such exclusion, and, if so, shall make such modification to the HTSUS through a notice in the Federal Register.
The proclamations state that any country with which we have a security relationship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country. Should the United States and any such country arrive at a satisfactory alter-
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native means to address the threat to the national security such that the President determines that imports from that country no longer threaten to impair the national security, the President may remove or modify the restriction on steel [or aluminum] articles imports from that country and, if necessary, make any corresponding adjustments to the tariff as it applies to other countries as US national security interests require.
The President concluded that Canada and Mexico present a special case due to a shared commitment to supporting each other in addressing national security concerns, a shared commitment to addressing global excess capacity for producing steel, the physical proximity of the respective industrial bases, the robust economic integration between the countries, the export of steel [and aluminum] articles produced in the United States to Canada and Mexico, and the close relation of the economic welfare of the United States to our national security. The President determined that the necessary and appropriate means to address the threat to the national security posed by imports of steel and aluminum articles from Canada and Mexico is to continue ongoing discussions with these countries and to exempt steel and aluminum articles imports from these countries from the tariff, at least at this time.
For additional information, please contact any member of the US Customs practice with whom you normally work. Baker McKenzie is assisting numerous companies navigate these issues (as well as the product exclusion process) and would be happy to discuss your situation with you. See our Client Alert here.
President continues national emergencies with respect to Ukraine, Venezuela, Zimbabwe, South Sudan, Malicious Cyber-Enabled Activities
On March 5, 2018, the Federal Register published one year extensions to the following national emergencies because actions and policies addressed in the Executive Orders (EO) in which they were original declared or modified continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.
Notice of March 2, 2018 - Continuation of the National Emergency With Respect to Ukraine, originally declared in EO 13660 (March 6, 2014) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and policies of persons that undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets. The national emergency was expanded in EO 13661 (March 16, 2014), EO 13662 (March 20, 2014) and EO 13685 (December 19, 2014) due to actions of the Russian government's actions, including the purported annexation and occupation of Crimea and its use of force in Ukraine;
Notice of March 2, 2018 - Continuation of the National Emergency With Respect to Venezuela, originally declared in EO 13692 (March 8, 2015) based on the Government of Venezuela's erosion of human rights guarantees, persecution of political opponents, curtailment of press freedoms, use of violence and human rights violations and abuses in response to antigovernment protests, and arbitrary arrest and detention of antigovernment protestors, as well as the exacerbating presence of significant government corruption. Additional steps were taken in EO 13808 (August 24, 2017) in light of the actions and policies of the Government of Venezuela, including serious abuses of human rights and fundamental freedoms; responsibility for the deepening humanitarian crisis in Venezuela; es-
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tablishment of an illegitimate Constituent Assembly, which usurped the power of the democratically elected National Assembly and other branches of the Government of Venezuela; rampant public corruption; and ongoing repression and persecution of, and violence toward, the political opposition; and
Notice of March 2, 2018 - Continuation of the National Emergency With Respect to Zimbabwe, originally declared in EO 13288 (March 6, 2003), which blocked the property of certain persons, to deal with the unusual and extraordinary threat to the foreign policy of the United States constituted by the actions and policies of certain members of the Government of Zimbabwe and other persons to undermine Zimbabwe's democratic processes or institutions. Additional persons were added by EO 13391 (Nov. 22, 2005) and the scope was expanded by EO 13469 (July 25, 2008).
On March 28, 2018, the Federal Register published one year extensions to the following national emergencies because actions and policies addressed in the Executive Orders (EO) in which they were original declared or modified continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.
Notice of March 27, 2018 - Continuation of the National Emergency With Respect to South Sudan, originally declared in EO 13664 (April 3, 2014), to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the situation in and in relation to South Sudan, which has been marked by activities that threaten the peace, security, or stability of South Sudan and the surrounding region, including widespread violence and atrocities, human rights abuses, recruitment and use of child soldiers, attacks on peacekeepers and humanitarian aid workers, and obstruction of humanitarian operations.
Notice of March 27, 2018 - Continuation of the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities, originally declared in EO 13694 (April 1, 2015), to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the increasing prevalence and severity of malicious cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States. Additional steps were taken in EO 13694 (December 28, 2016).
President says he will impose steel tariffs of 25%, aluminum tariffs of 10%
On March 1, 2018, President Trump hosted a "listening session with representatives from the steel and aluminum industry." During the session, representatives of the steel and aluminum industries complained about the unfair playing field and indicated that tariffs would level the playing field. The President agreed and stated that the work will be completed "next week" on imposing tariffs on steel and aluminum imports. In response to a question from the press, he indicated that the tariffs would be 25% for steel and 10% for aluminum.
The announcement was apparently made before the legal review of the recent reports from Commerce had been completed and without advance notice to some of his own staff and Congress. The announcement sent the stock market down and immediately drew threats of retaliation from European and Asian trading partners who vowed to retaliate with higher tariffs on U.S. products. It should be noted that this was not an official announcement and the actual document that is finally issued may reflect different terms, since Commerce recommended several alternatives.
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The Commerce report with recommendations was released on February 16, 2018 (unclassified versions of the reports are available here). In each case, the Department of Commerce concluded that the quantities and circumstances surrounding steel and aluminum imports "threaten to impair the national security," thereby opening the door to the imposition of import restraints. Specifically, Commerce's recommendations are as follows:
1. A global tariff of at least 24% on all steel imports from all countries, or
2. A tariff of at least 53% on all steel imports from 12 countries (Brazil, China, Costa Rica, Egypt, India, Malaysia, Republic of Korea, Russia, South Africa, Thailand, Turkey and Vietnam) with a quota by product on steel imports from all other countries equal to 100% of their 2017 exports to the United States, or
3. A quota on all steel products from all countries equal to 63% of each country's 2017 exports to the United States.
The measures would apply to steel mill products classified in subheadings 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90.
1. A tariff of at least 7.7% on all aluminum exports from all countries, or
2. A tariff of 23.6% on all products from China, Hong Kong, Russia, Venezuela and Vietnam. All the other countries would be subject to quotas equal to 100% of their 2017 exports to the United States, or
3. A quota on all imports from all countries equal to a maximum of 86.7% of their 2017 exports to the United States.
These measures would apply to unwrought aluminum (heading 7601), aluminum castings and forgings (subheadings 7616.99.51.60 and 7616.99.51.70), aluminum plat, sheet, strip and foil (flat rolled products) (headings 7606 and 7607); aluminum wire (heading 7605); aluminum bars, rods and profiles (heading 7604); aluminum tubes and pipes (heading 7608); and aluminum tube and pipe fittings (heading 7609).
The goal of such measures is to all U.S. aluminum and steel producers to utilize 80% of production of capacity.
The recommendation also includes a process to allow Commerce to grant requests from U.S. companies for specific product exclusions if there was insufficient domestic production, or for national security considerations.
USTR releases 2018 National Trade Estimate Report
On March 30, 2018, the Office of the US Trae Representative (USTR) released the 2018 National Trade Estimate (NTE), an annual report documenting foreign trade and investment barriers facing American exports around the world.
For a fact sheet on the major developments in the 2018 NTE, click here.
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For a fact sheet on reducing technical barriers to trade highlighted in the 2018 NTE, click here.
For a fact sheet on successes in sanitary and phytosanitary (agricultural) standards highlighted in the 2018 NTE, click here.
For a fact sheet on digital trade issues highlighted in the 2018 NTE, click here.
US and South Korea reach agreement in principle on KORUS and sec. 232
On March 28, 2018, US Trade Representative Robert E. Lighthizer and South Korean Minister for Trade Hyun Chong Kim issued a joint statement announcing that the US and S. Korea have reached an agreement in principle on the general terms of amendments and modifications to the United States-Republic of Korea Free Trade Agreement (KORUS FTA). The nations have also agreed on terms for a country exemption for S. Korea from tariffs imposed on steel imports under Section 232 of the Trade Expansion Act of 1962 pursuant to Presidential Proclamation 9705, as amended.
At the instruction of the Ministers, negotiators are finalizing the terms of the KORUS FTA negotiations, which are subject to domestic procedures in both nations before provisions can be brought into force. The revised agreement addresses issues related to investment, tariffs, trade in automobiles, and trade remedies. Additional progress was made in the areas of pharmaceuticals, customs and textiles to smoothly implement the KORUS FTA.
The arrangement with respect to steel imports is expected to take effect on May 1, 2018.
This represents important progress in improving U.S.-Korea trade and economic relations, based on their strong and enduring security relationship.
Administration to exempt certain countries from the steel and aluminum tariffs
On March 22, 2018, USTR Robert Lighthizer announced at a Senate Finance Committee hearing that the administration would exempt the European Union, Australia, Argentina, Brazil and South Korea from the 25% steel and 10% aluminum tariffs set to take effect on March 23, 2018.
Commerce issues rules on requesting exclusions from the aluminum and steel tariff proclamations
On March 19, 2018, the Bureau of Industry and Security (BIS), Department of Commerce, published in the Federal Register an interim final rule [Docket No. 180227217821701] that amends the National Security Industrial Base Regulations to add two new supplements. The new supplements set forth the process for how parties in the United States may submit requests for exclusions from actions taken by the President ("exclusion requests") to protect national security from threats resulting from imports of specified articles. The new supplements also set forth the requirements and process for how parties in the United States may submit objections to the granting of an exclusion request.
The supplements are being added to implement Presidential Proclamations 9704 and 9705 of March 8, 2018 ("Proclamations"), adjusting imports of steel articles identified in Proclamation 9705 ("steel") and aluminum articles identified in Proclamation 9704 ("aluminum") through the imposition of duties so that imports of
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steel articles and aluminum articles will no longer threaten to impair the national security. As set forth in the Proclamations, the President concurred with the findings of the Secretary of Commerce ("Secretary") in two reports to the President on the investigations under section 232 of the Trade Expansion Act of 1962, as amended, of the effect of imports of steel and aluminum, respectively, on the national security of the United States. The Proclamations authorize the Secretary to grant exclusions from the duties upon request of affected parties if the steel or aluminum articles are determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality or based upon specific national security considerations. The President directed the Secretary to promulgate regulations as may be necessary to set forth the procedures for an exclusion process.
Note: The process described for the two new supplements is separate and apart from the process by which countries may seek exemptions from the duties imposed by the President. The process established in the interim final rule is limited to the issuance of product-based exclusions as authorized by the President. Consistent with the President's instructions, the criteria in the forms and supplements are primarily focused on the availability of the product in the United States. The Secretary will consider information about supply in other countries to the extent relevant to determining whether specific national security considerations warrant an exclusion. Commenters on this interim final rule may submit comments regarding how and whether or not the country of origin of a proposed product should be considered by Commerce as part of the process for reviewing product-based exclusion requests. Comments on the interim final rule must be received by BIS no later than May 18, 2018.
All exclusion requests and objections to submitted exclusion requests must be in electronic form and submitted to the Federal rulemaking portal using docket number BIS20180002 for aluminum and docket number BIS20180006 for steel. Any company potentially interested in seeking an exclusion for one or more articles covered by the section 232 duties should review the notice. In particular, there are a number of key items worth noting:
(1) exclusion petitions may be submitted only by "individuals or organizations using [steel or aluminum] articles . . . in business activities . . . in the United States";
(2) objections to exclusion petitions may be submitted by "any individual or organization in the United States";
(3) any approved exclusion petitions will be limited to a specific article and to the petitioner (i.e., you cannot generally get the benefit of someone else's exclusion petition unless Commerce approves a broader application of the product based exclusion request to apply to additional importers); you can, however, file "follow-on" petitions;
(4) exclusions petitions must be filed electronically, using a specific form* created for this purpose; objections must be filed within 30 days of an exclusion petition being filed, also using a specific form**; petitions can cover only a single 10-digit Harmonized Tariff Schedule classification; and the review process will generally take 90 days from date of filing; and
(5) approved exclusions will be effective 5 business days after the approval is published; and will "generally" be good for 1 year.
* Request for Exclusion from Remedies from the Section 232 National Security Investigation of Imports of Steel (exclusion request form - steel)
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** Response Form for Organizations Filing Objections to Posted Section 232 Exclusion Requests Steel (objection filing form - steel).
* Request for Exclusion from Remedies from the Section 232 National Security Investigation of Imports of Aluminum (exclusion request form- aluminum).
** Response Form for Organizations Filing Objections to Posted Section 232 Exclusion Requests Aluminum (objection filing form aluminium).
The exclusion and objection process is explained and a contact number at BIS is provided on the BIS Sec. 232 Aluminum website and the Sec. 232 Steel website.
Product exclusion petitions will only be approved "if an article is not produced in the United States in a sufficient and reasonably available amount, is not produced in the United States in a satisfactory quality, or for a specific national security consideration." We expect that Commerce will approve petitions only sparingly, and primarily for valid national security-related considerations. Commerce states that individuals and organizations will not be precluded from submitting a request for exclusion of a product where a previous exclusion request for the same product had been denied or is no longer valid. For example, it might be that the first exclusion request was inadequate to demonstrate the criteria were met for approving that exclusion request. The later requester should, however, submit new or different information in an attempt to meet the criteria for approving an exclusion request for that product.
Product based exclusions may be filed beginning March 19, 2018. If you are considering doing so, we recommend filing as soon as possible. That said, it is important that your petition be as well prepared as possible (e.g., consider scope issues, the import data, whether there are any national security implications/allies in the federal government, any likely objections, etc.) to give it the best chance of success. We are assisting many clients prepare petitions and would be happy to discuss this with you further. If you are interested in doing so, please let us know. Please contact Ted Murphy or any member of the US Customs group for assistance or for additional information.
USTR to continue Intergovernmental Policy Advisory Committee on Trade; seeks nominations
On March 1, 2018, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice announcing that it is establishing a new four-year charter term and accepting applications from qualified individuals interested in serving as a member of the Intergovernmental Policy Advisory Committee on Trade (IGPAC). The IGPAC is a trade advisory committee that provides general policy advice and guidance to the United States Trade Representative on issues involving trade and development that have a significant relationship to the affairs of U.S. state and local governments.
USTR will accept nominations on a rolling basis for membership on the IGPAC for the four-year charter term beginning in April 2018. To ensure consideration before the new charter term, you should submit you application by March 28, 2018.
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The ITC initiated (I), terminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release)
Inv. 332-503 Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic, Ninth Annual Review (I)
CBP and Mexican agencies sign agreements
The Department of Homeland Security (DHS) announced that on March 26, 2018, DHS Secretary Nielsen and other officials met with their Mexican counterparts in Mexico City to discuss economic and national security issues affecting both the United States and Mexico. During these meetings three agreements were signed. U.S. Customs and Border Protection (CBP) Commissioner Kevin McAleenan and the Tax Administration Service (SAT) Chief Osvaldo Santin signed a Memorandum of Cooperation (MOC) on Customs and Trade Enforcement, which will facilitate the development and implementation of joint and coordinated programs aimed at increasing trade and customs compliance, as well as combating illicit activities.
Additionally, CBP and SAT signed a Memorandum of Understanding (MOU) on Cargo Pre-Inspection Program and Unified Cargo Processing (UCP). This MOU states the bilateral commitment for the further implementation of cargo-pre inspection and UCP programs, through which Mexican customs officers and CBP officers will work together to inspect and process cargo shipments.
Lastly, CBP and the National Service for Agro-Alimentary Public Health, Safety and Quality (SENASICA) signed an MOU to enable collaboration between the two agencies on agriculture safeguarding, agriculture quarantine inspections at ports of entry, and information sharing. The MOU promotes cooperation and information sharing to enabling the U.S. to handle legitimate and safe shipments while addressing those that pose a risk.
CBP Commissioner confirmed by Senate
On March 19, 2018, the U.S. Senate confirmed Kevin K. McAleenan to be Commissioner of U.S. Customs and Border Protection by a vote of 77-19.
CBP extends NCAP eBond test
On March 21, 2018, US Customs and Border Protection (CBP) published in the Federal Register a general notice announcing the extension of CBP's National Customs Automation Program (NCAP) test concerning the automation of CBP's bond program (eBond test). CBP announced the eBond test in a Federal Register notice published on November 28, 2014. The test program has run continuously and without interruption since it commenced on January 3, 2015, and continues to run currently. This notice informs interested members of the public that CBP is extending the test until further notice.
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Miscellaneous CBP Federal Register documents
The following documents not discussed above were published by CBP in the Federal Register. [Note that multiple listings of approved gaugers and laboratories reflects different locations and/or products.]
Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and Laboratory (N) [Newport News, VA]
Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and Laboratory (N) [Reserve, LA]
Accreditation and Approval of Saybolt LP (Wilmington, NC) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of Intertek USA, Inc. (Gonzalez, LA) as a Commercial Gauger and Laboratory (N)
Accreditation and Approval of AmSpec LLC (Cape Canaveral, FL) as a Commercial Gauger and Laboratory (N)
Approval of SGS North America, Inc., as a Commercial Gauger (N) [Baton Rouge, LA]
Agency Information Collection Activities: Drawback Process Regulations [OMB No. 1651-0075] (N) [CBP Forms CBP Forms 7551, 7552 and 7553]
Agency Information Collection Activities: Small Vessel Reporting System [OMB No. 1651-0137] (N)
CBP issues final determinations in procurement cases
CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in the Federal Register.
Ruling Reference (Date Issued) and Product
HQ H284834 (02-21-18) Tablet Computers, CareConsole Hub and Mobile Hub HQ H284617 (02-21-18) Tablet Computers, Health Mobile and Hub Platforms
HQ H290528 (02-21-18) Aluminum Honeycomb Panels
HQ H250154 (02-23-18) Certain Ethernet Gateway Products
HQ H287548 (03-19-18) Monochrome Laser Printers and Replacement Toner Cartridges
Country of Origin S. Korea/China China
CBP posts draft interim guidance on filing TFTEA drawback claims
In CSMS # 18-000243 (March 27, 2018), CBP announced the posting of Drawback: Interim Guidance for Filing TFTEA Drawback Claims, Version 3, March, 2018. This guidance document is considered a draft, reflecting CBP's tentative and conditional framework for drawback pending the issuance of a final rule to implement the regulatory changes pending for Drawback claims under the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). The document will be revised before a final version is provided. Any decisions a reader makes based on this draft document are taken voluntarily and with the understanding that the policies and procedures might change via the notice of proposed rulemaking
International Trade Compliance Update | April 2018
(NPRM) and final rule process. Any subsequent revisions will be made, as needed, until the TFTEA Drawback regulations become effective. CBP cautions that the reader is responsible for monitoring the CBP website to ensure awareness of the status of any revisions to the document. Revisions from earlier draft are listed on the "Change Tracker" pages.
On March 8, 2018, US Customs and Border Protection (CBP) released a 10page document entitled, "E-Commerce Strategy." The document states that CBP must adapt to the changing ways business is conducted due to the increasing volume of low-value packages driven by consumer e-commerce. The shift from traditional methods of importing via large containerized shipments to small, low value packages has presented new challenges for CBP and requires new methods and resources for CBP to continue to carry out its mission of facilitating trade and enforcing trade laws. CBP has developed its e-commerce strategy to advance four primary goals, each of which is explained in more detail in the document:
Enhance legal and regulatory authorities to better posture CBP and interagency partners to address emerging threats;
Enhance and adapt all affected CBP operations to respond to emerging supply chain dynamics created by the rapid growth of e-commerce;
Drive private sector compliance through enforcement resources and incentives; and
Facilitate international trade standards for e-commerce to support economic prosperity.
In addition to the E-Commerce Strategy publication, CBP has prepared a twopage fact sheet on the strategy.
CBP publications and fact sheets
During the period of coverage of this Update, CBP issued the following new or revised publications and fact sheets:
Business Rules and Process Document ACE Entry Summary (Trade version 8.0d)
E-Commerce Strategy (CBP Publication No. 0685-0218)
CBP E-Commerce Strategy Fact Sheet (CBP Publication #0688-0318)
ACE Monthly Trade Update (March 2018)
DRAFT Interim ACE Drawback Guidance
Revocations or modifications of CBP rulings
CBP did not publish any revocations or modifications, or proposals to revoke or modify, rulings during the past month.
The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update. ACE maintenance, outages or
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delays which have already occurred and problems which have been resolved are not included below.
03-02-18 03-05-18 03-06-18 03-07-18 03-08-18
03-12-18 03-13-18 03-14-18
03-15-18 03-16-18 03-19-18 03-20-18 03-21-18
18-000187 18-000188 18-000189 18-000190 18-000192 18-000196 18-000197 18-000198 18-000199 18-000200
18-000213 18-000214 18-000216 18-000219 18-000221
ACE Deployment G4 Issue Tracker - 3/1 Update
External ACE Entry Summary Business Process 8.0d 02/28/2018 ACS Query Functionality to be Turned Off FDA ACE Support Phone System Outage: 3/02/2018 Incomplete Drawback Claims filed in ACS prior to 2/24/18 ACE Deployment G4 Issue Tracker - 3/2 Update Extension of ACE Deployment G, Release 4 Support Calls Errors with Liquidation Courtesy Notices
ACE Deployment G4 Issue Tracker - 3/5 Update
Reminder: ACE Deployment G Reports Information Notice ACE PRODUCTION Deployment - NAFTA, Thursday 3/8/2018 @0500ET Validation of AES X12 Commodity Filing Response Message 007 Truck Manifest X.12 353 (Event Advisory) Invalid Event Date Extension of ACE Deployment G, Release 4 DRAWBACK Support Calls ACE PRODUCTION Liquidation Notifications items Deployed, March 9, 2018 Status of HTS changes required to support recent steel and aluminum legislation CLARIFICATION - Extension of ACE Deployment G, Release 4 DRAWBACK - Support Calls FAQ: Reconciliation Entry Summaries Support Call Questions ACE CERT and PROD eBond deployment, Fri. Mar 9, 2018 @2000ET National Commodity Specialist Division Webinar Training Schedule Updated Export Manifest Appendices Local Closure for the Port of Greensboro, NC for March 12, 2018 Update to ACE Portal Account reset policy Harmonized System Update 1803 created on March 13, 2018 Note to Software Developers: FDA Programming Reminder for PG24 ACE PRODUCTION Cargo Release Deployment, Thur March 15,2018 @0500ET Coniferous Shingles and Sawn Shakes AD/CVD ACE PRODUCTION Reconciliation Deployed, Thurs, March 15, 2018 ACE Monthly Trade Update FDA Scheduled Maintenance on Saturday March 17, 2018 Reminder: ACE Deployment G Reports Deployment March 17, 2018 Update: Two-Day Extension of Informed Compliance for NMFS SIMP Updated Drawback CATAIR and Error Dictionary Update: CBP Bills for Supplemental Duties, Taxes and Fees, or Vessel Repair Duties Updated Export Manifest IGs & AESTIR Appendix A Commodity Filing Response Messages ACH Payments Rejecting on 03/21/18
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03-23-18 03-27-18 03-29-18 03-30-18
18-000241 18-000243 18-000244 18-000246 18-000247 18-000248 18-000249
Cargo Reference Queries Deployment to CERT on Thursday, 3/22 at 06:00 ACS CERT changes made to HTS to support recent steel and aluminum legislation ACE PRODUCTION PGA/ITDS items Deployed Sunday March 18, 2018 Additional Duty on Imports of Steel and Aluminum Articles under Section 232 ACE PRODUCTION item Deployed for Reconciliation, Friday, March 23, 2018 Version 3 Drawback Interim Guidance Issue with the format of the "A" record on the NILS
Harmonized System Update 1804 created on March 29, 2018 Additional Information regarding Imports of Steel and Aluminum Articles under Section 232
The following documents were published in the Federal Register by the ForeignTrade Zones Board:
03-01-18 03-02-18 03-06-18 03-08-18
Foreign-Trade Zone 231--Stockton, California; Withdrawal of Application for Subzone Expansion; Medline Industries, Inc.; Lathrop, California [S1662014]
Foreign-Trade Zone 138 Franklin County, Ohio - Notification of Proposed Production Activity; International Converter (Insulation Facer) Caldwell, Ohio [B-13-2018]
Foreign-Trade Zone 158 Vicksburg/Jackson, Mississippi; Notification of Proposed Production Activity; International Converter (Insulation Facer) Iuka, Mississippi [B-14-2018]
Foreign-Trade Zone 78 Nashville, Tennessee; Application for Subzone; CEVA Freight LLC; Mount Juliet and Lebanon, Tennessee [S-39-2018]
Expansion of Foreign-Trade Zone 84 Under Alternative Site Framework Houston, Texas [Order No. 2047]
Foreign-Trade Zone 38-Charleston, South Carolina; Notification of Proposed Production Activity; BMW Manufacturing Co., LLC (Hybrid Passenger Vehicles); Spartanburg, South Carolina [B152018]
Foreign-Trade Zone 21 Charleston, South Carolina; Notification of Proposed Production Activity; AGRU America Charleston, LLC; (High Density Polyethylene Pipe); North Charleston, South Carolina [B-17-2018]
Foreign-Trade Zone 52 Suffolk County, New York; Authorization of Production Activity; Estee Lauder Inc.; (Hair Straightening Styling Balm); Melville, New York [B-69-2017]
Foreign-Trade Zone 98 Birmingham, Alabama; Application for Subzone; Brose Tuscaloosa, Inc.; Vance, Alabama [S-44-2018]
Foreign-Trade Zone 61 -- San Juan, Puerto Rico; Application for Subzone; Manuel Freije Arce, Inc.; Catao, Puerto Rico [S-43-2018]
Foreign-Trade Zone 61 San Juan, Puerto Rico; Notification of Proposed Production Activity, Janssen Ortho LLC (Pharmaceuticals), Gurabo, Puerto Rico [B-16-2018]
Foreign-Trade Zone 138 Franklin County, Ohio; Application for Subzone International Converter, Inc., Caldwell, Ohio [S-45-2018]
Foreign-Trade Zone 153 San Diego, California; Authorization of Production Activity; Plantronics, Inc.(Electronics/Telecommunications) San Diego, Califor-
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03-15-18 03-16-18 03-22-18
Foreign-Trade Zone 52 Suffolk County, New York; Authorization of Production Activity; Advanced Optowave Corporation; (Diode Pumped Solid State Laser Systems); Ronkonkoma, New York [B-71-2017]
Approval of Subzone Expansion; Lam Research Corporation; Fremont, Livermore and Tracy, California [S-01-2018]
Foreign-Trade Zone 283 Western Tennessee Area; Application for Reorganization (Expansion of Service Area) under Alternative Site Framework [B-192018]
Expansion of Foreign-Trade Zone 241 (Expansion of Service Area) under Alternative Site Framework Fort Lauderdale, Florida [Order No. 2049]
Foreign-Trade Zone 39 Dallas/Fort Worth, Texas; Authorization of Production Activity; Dallas Airmotive, Inc (Aircraft Engine Refurbishment and Disassembly) DFW Airport, Texas [B-73-2017]
Foreign-Trade Zone 204 Tri-Cities, Tennessee; Authorization of Production Activity; Eastman Chemical Company (Acetic Anhydride and Acetic Acid) Kingsport, Tennessee [B-74-2017]
Foreign-Trade Zone 26 Atlanta, Georgia; Authorization of Production Activity; Kubota North America Corporation (Agricultural and Specialty Vehicles) Jefferson and Gainesville, Georgia [B-67-2017]
Foreign-Trade Zone 26 Atlanta, Georgia; Notification of Proposed Production Activity; PBR, Inc. d/b/a/ SKAPS Industries (Non-Woven Geotextiles) Athens, Georgia [B-18-2018]
Reorganization of Foreign-Trade Zone 124 (Expansion of Service Area) under Alternative Site Framework, Gramercy, Louisiana [Order No. 2048]
Reorganization of Foreign-Trade Zone 30 under Alternative Site Framework Salt Lake City, Utah [Order No. 2050]
Census publishes FTR Letter No. 10 - annotating the Electronic Manifest Pilots for CBP
The Census Bureau's International Trade Management Division (ITMD) is announcing the publication of the Foreign Trade Regulations (FTR) Letter No. 10 Annotating the Electronic Manifest Pilots for U.S. Customs and Border Protection. This letter is to provide guidance on the appropriate annotations to be used when submitting export manifest data electronically. As many of you are aware, U.S. Customs and Border Protection (CBP) is conducting pilots to test the functionality regarding the filing of export manifest data for air, rail, and ocean cargo electronically to the Automated Commercial Environment (ACE).
The Census Bureau, CBP and the trade have developed guidance to ensure that a standard format is reported in the electronic manifest. On June 2, 2018 the codes in the chart are the only acceptable codes to be used in the electronic manifests. You must submit the code exactly as it appears in the chart. For filers who are submitting paper manifests, the current annotation identified in the FTR remains appropriate. Since the bill of lading and air waybill are paper documents, the codes identified in the chart may be preceded with AES (i.e. AES 37A) for clarity purposes if the current annotation (i.e. NOEEI 30.37(a)) is not used.
FTR Letter No. 10 and the chart referenced above can be found in its entirety here. For further information or questions regarding the letter, contact the Trade Regulations Branch (TRB), ITMD.
International Trade Compliance Update | April 2018
Treasury, State, and Commerce announce annual increase in civil monetary penalties
The US Treasury Department's Office of Foreign Assets Control ("OFAC"), the US State Department's Directorate of Defense Trade Control ("DDTC"), and the US Commerce Department's Bureau of Industry and Security ("BIS") have announced increases in the maximum civil monetary penalties ("CMPs") under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ("2015 Act"). This statute requires the agencies to make such adjustments annually by January 15 of each year. These newly adjusted CMPs may be imposed for violations of OFAC sanctions regulations, the International Traffic in Arms Regulations, and the Export Administration Regulations ("EAR").
Under OFAC's Final Rule published on March 19, 2018, the adjusted penalties apply to CMPs that are assessed after March 19, 2018, regardless of whether the underlying violation predates the increase, as long as the violation occurred after November 2, 2015 (i.e., the date of the enactment of the 2015 Act). In other words, violations that occur after November 2, 2015 will be assessed at the newest CMPs. For violations that occurred before this date, the original CMPs will be used. The specific OFAC penalty adjustments for each relevant statute (as well as the 2016 "catch-up" adjustment and 2017 adjustments, for reference) are as follows:
Trading with the Enemy Act
International Emergency Economic Powers Act ("IEEPA")
Foreign Narcotics Kingpin Designation Act
Antiterrorism and Effective Death Penalty Act of 1996
Original Maximum CMP (per violation)
The greater of $250,000 or twice the amount of the underlying transaction
The greater of $55,000 or twice the amount of which a financial institution was required to retain possession or control
2016 Adjusted Maximum CMP (per violation)
The greater of $284,582 or twice the amount of the underlying transaction
The greater of $75,122 or twice the amount of which a financial institution was required to retain possession or control
2017 Adjusted Maximum CMP (per violation)
The greater of $289,238 or twice the amount of the underlying transaction
The greater of $76,351 or twice the amount of which a financial institute was required to retain possession or control
2018 Adjusted Maximum CMP (per violation)
The greater of $295,141 or twice the amount of the underlying transaction
The greater of $77,909 or twice the amount of which a financial institute was required to retain possession or control
DDTC published its CMP adjustments in a Final Rule on January 3, 2018. Unlike OFAC, DDTC will apply the increased CMPs to all penalties assessed on or after the date of the final rule, January 3, 2018, regardless of when the underlying violation occurred. The penalties assessed by DDTC for violations of specific sections within the Arms Export Control Act ("AECA") (as well as the 2016 "catch-up" adjustment and 2017 adjustments, for reference) are as follows:
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22 USC. 2778(e) (control of exports and imports) 22 USC. 2779a(c) (prohibition on incentive payments) 22 USC. 2780(k) (transactions with countries supporting acts of international terrorism)
2016 Adjusted Maximum CMP (per violation)
2017 Adjusted Maximum CMP (per violation)
2018 Adjusted Maximum CMP (per violation)
Finally, the US Commerce Department made adjustments to a number of CMPs in a Final Rule issued on January 8, 2018, which went into effect on January 15, 2018. Among these was an adjustment to CMPs for violations of IEEPA, the statute under which the EAR as well as most OFAC sanctions are enforced. The maximum CMP for violations of the EAR is the same as the CMP for violations of IEEPA announced by OFAC $295,141 or twice the amount of the underlying transaction per violation. As with DDTC, these increased CMPs apply to all penalties assessed after the date of the Final Rule's publication (i.e., January 15, 2018) regardless of when the underlying violation occurred.
For additional information, please contact the authors: Paul. E. Amberg or Alexandre (Alex) Lamy or any member of the US Outbound Trade group with whom you normally work. The authors thank Daniel Andreeff for his contribution to this article.
BIS revises Entity List to add 15 South Sudanese parties following imposition of arms embargo against South Sudan
On March 22, 2018, the US Department of Commerce's Bureau of Industry and Security ("BIS") issued a final rule [Docket No. 180227219-8219-01] (the "Final Rule") adding, in relevant part, 15 South Sudanese entities to the Export Administration Regulations' ("EAR") Entity List -- a step that increases the pressure on that country following the US Government's imposition of an arms embargo last month. All 15 entities are subject to a license requirement for all exports, reexports, or in-country transfers of items subject to the EAR, and new license applications for these entities are subject to a presumption of denial.
The entities are as follows:
Ascom Sudd Operating Company; Dar Petroleum Operating Company; DietsmannNile; Greater Pioneer Operating Co. Ltd; Juba Petrotech Technical Services Ltd;
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Nile Drilling and Services Company;
SIPET Engineering and Consultancy Services;
South Sudan Ministry of Mining;
South Sudan Ministry of Petroleum; and
These entities are government, parastatal, and private companies involved in oilrelated activities that have contributed to the ongoing crisis in South Sudan. According to statements issued by BIS and the US Department of State, the 15 designated entities are a source of substantial revenue for the Government of South Sudan that it uses to purchase weapons and fund militias undermining the peace, security, and stability of South Sudan. The designations are intended to ensure that items subject to the EAR are not used to generate revenue for the Government of South Sudan and thus indirectly finance the continuing violence in that country.
These designations follow the February 2018 amendments to the International Traffic in Arms Regulations ("ITAR") to impose an arms embargo against South Sudan. The ITAR amendments updated the US Government's defense trade policy toward South Sudan by applying a policy of denial to all exports and reexports of defense articles or services to South Sudan. A case-by-case review policy applies in limited circumstances, including where the defense articles are (a) for peacekeeping operations, (b) intended for use by the African Regional Task Force or United Nations, (c) intended for use by non-governmental organizations in furtherance of certain conventional weapons destruction activities, (d) nonlethal defense articles for humanitarian use, (e) personal protective equipment, or (f) provided in support of certain South Sudanese peace agreements.
For additional information, contact the authors Lise S. Test, Joseph A. Schrool or Inessa Owens or any member of the US Outbound Trade practice.
In addition to the South Sudanese entities, the final rule adds 7 Pakistani and 1 Singaporean entity who have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also removes one person under the destination of Ecuador and one person under the destination of the United Arab Emirates (U.A.E.) from the Entity List. Both removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in the removal requests. Lastly, this rule corrects the license requirement for twelve entities that were added under the destination of Russia as part of a recent BIS rule.
International Trade Compliance Update | April 2018
OFAC requests comments on effectiveness of licensing procedures for exportation of agricultural commodities, medicine, and medical devices to Sudan and Iran
On March 22, 2018, the Office of Foreign Assets Control (OFAC) published in the Federal Register a request for comments on the effectiveness of OFAC's licensing procedures for the exportation of agricultural commodities, medicine, and medical devices to Sudan and Iran. Pursuant to section 906(c) of the Trade Sanctions Reform and Export Enhancement Act of 2000, OFAC is required to submit a biennial report to the Congress on the operation of licensing procedures for such exports. Written comments should be received on or before April 23, 2018, to be assured of consideration.
US Government sanctions parties for Russian cyber attacks and US 2016 election interference
On March 15, 2018, OFAC added 14 individuals and one entity, the so-called Russian "troll farm" Internet Research Agency LLC ("IRA"), to the Specially Designated Nationals and Blocked Persons List ("SDN List"). OFAC announced a total of 24 designations against persons pursuant to Executive Order ("EO") 13694 (issued April 1, 2015 and amended December 29, 2016), which is the "Cyber EO" that targets certain "malicious cyber-enabled activities," and pursuant to Section 224 of the Countering America's Adversaries Through Sanctions Act ("CAATSA") , which specifically targets cyber actors who operate on behalf of the Russian government. Nine of the 24 persons identified in OFAC's announcement were already included on the SDN List. Please see our prior blog post on CAATSA here and prior blog posts on the Cyber EO and its amendment here, here, and here.
As a result of these designations, "US Persons" (i.e., (i) US citizens and permanent resident aliens / Green Card holders, wherever located or employed; (ii) entities organized under the laws of the United States, their non-US branches, and employees of the foregoing; and (iii) any individual or entity physically located in the United States, even temporality) are prohibited from directly or indirectly dealing with or facilitating virtually any transactions with these SDNs as well as any entities 50% or more owned by them. Any property and interests in property of such SDNs must also be blocked (or "frozen") if they come within the United States or the possession or control of a US Person, including but not limited to a US financial institution clearing or otherwise handling US dollar transactions that involve these SDNs.
In its press release, OFAC stated that these designations are part of the US Government's efforts to counter malicious Russian cyber activity, including interference in the 2016 US elections, destructive cyber attacks including the NotPetya ransomware attack, and cyber intrusions targeting US critical infrastructure. OFAC's announcement was made on the same day that the Department of Homeland Security and the Federal Bureau of Investigation issued a joint Technical Alert regarding Russian cyber attacks on the US energy, nuclear, water, aviation, and manufacturing sectors.
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OFAC designated the IRA along with two other entities and 13 individuals associated with the IRA pursuant to EO 13694. These parties were the subject of the indictment announced on February 16, 2018 by the Special Counsel for the Department of Justice investigating Russian interference in the 2016 US election. OFAC's press release states that the IRA tampered with or altered information in order to interfere with the 2016 US election, and unlawfully used personally identifiable information from US Persons to open financial accounts to help fund its operations.
In addition to the EO 13694 designations, OFAC designated two entities and six individuals pursuant to Section 224 of CAATSA. The designated entities are the Federal Security Service ("FSB") and the Main Intelligence Directorate ("GRU"), both of which were previously designated as SDNs under EO 13694 (as amended).
Cyber General License No. 1A
In conjunction with the designations described above, OFAC amended Cyber General License No. 1, "Authorizing Certain Transactions with the Federal Security Service" ("GL 1") and reissued it as Cyber General License No. 1A ("GL 1A") to add CAATSA authorities and ensure the scope of activities authorized with respect to the FSB would not be affected by its additional designation under Section 224 of CAATSA. GL 1A continues to authorize certain limited, primarily administrative, transactions with the FSB. Our blog post on GL 1 can be found here.
For additional information, please contact the authors, Janet K. Kim or Hannah N. Zarkar, or any members of the Outbound trade group with whom you normally work. The authors thank Callie Lefevre for her contribution to this article.
State issues sanctions against N. Korea for use of chemical weapons
On March 5, 2018, the Department of State published in the Federal Register a determination [Public Notice: 10340], pursuant to Sections 306(a), 307(a), and 307(d) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, as amended (22 U.S.C. 5604(a) and Sec 5605(a)), that the Government of North Korea has used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. The following is notice of sanctions to be imposed as required by law.
1. Foreign Assistance: Termination of assistance to North Korea under the Foreign Assistance Act of 1961, except for urgent humanitarian assistance and food or other agricultural commodities or products.
2. Arms Sales: Termination of (a) sales to North Korea under the Arms Export Control Act of any defense articles, defense services, or design and construction services, and (b) licenses for the export to North Korea of any item on the United States Munitions List.
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3. Arms Sales Financing: Termination of all foreign military financing for North Korea under the Arms Export Control Act.
4. Denial of United States Government Credit or Other Financial Assistance: Denial to North Korea of any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the United States Government, including the Export- Import Bank of the United States.
5. Exports of National Security- Sensitive Goods and Technology: Prohibition on the export to North Korea of any goods or technology on that part of the control list established under section 2404(c)(1) of the Appendix to Title 50.
The determination states that the measures shall be implemented by the responsible departments and agencies of the United States Government and will remain in place for at least one year and until further notice. The measures appear to be largely symbolic since US- North Korean trade is virtually non-existent and the two countries do not have diplomatic relations.
OFAC reissues North Korea Sanctions Regulations and publishes new FAQs
On March 1, 2018, OFAC announced the amendment and reissuance in their entirety of the North Korea Sanctions Regulations, 31 C.F.R. Part 510 ("NKSR"). The Final Rule can be found here. These changes to the NKSR took effect on March 5, 2018 upon publication in the Federal Register. OFAC also published 13 new FAQs, which can be found here.
This development does not reflect substantive changes to existing OFAC regulatory requirements. Rather, these changes are primarily designed to expand on the existing NKSR, originally published in an abbreviated form, and to incorporate the various sanctions measures targeting the Democratic People's Republic of Korea ("North Korea") adopted by the US Government over the last few years. Below we explain the scope of these changes and highlight a few key points of interest.
Clarifying Sanctions Restrictions Targeting North Korea
When first implementing new sanctions programs, OFAC regularly issues "skeleton" regulations containing high level summaries of the applicable prohibitions and referencing and attaching relevant executive orders. This was the strategy taken by OFAC when it first issued the NKSR in November 2010. At that time, OFAC indicated that it would prepare a more comprehensive set of regulations in the future.
The reissued NKSR announced on March 1, 2018 are the long-awaited, more complete set of regulations. The reissued NKSR now incorporate the underlying legal requirements of relevant executive orders and add and expand on provisions that are intended to provide a more comprehensive set of regulations, including additional definitional and interpretive guidance.
In addition, the reissued NKSR incorporate more recent legislative and executive actions targeting North Korea. These include:
The North Korea Sanctions and Policy Enhancement Act of 2016 (see prior blog post here);
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The Countering America's Adversaries Through Sanctions Act of 2017 ("CAATSA") (see prior blog post here);
Executive Order 13687 of January 2, 2015 ("Imposing Additional Sanctions with Respect to North Korea") (see prior blog post here);
Executive Order 13722 of March 15, 2016 ("Blocking Property of the Government of North Korea and the Workers' Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea") (see prior blog post here); and
Executive Order 13810 of September 20, 2017, ("Imposing Additional Sanctions With Respect to North Korea") (see prior blog post here).
Many OFAC sanctions regulations include language identifying certain categories of exempt transactions provided for by statute--including the International Emergency Economic Powers Act ("IEEPA"), which is the law under which most US sanction programs are issued. Sanctions targeting North Korea, however, have historically been based on executive orders issued under a combination of IEEPA and other statutes, including the United Nations Participation Act ("UNPA"). This is significant because OFAC has long advised that sanctions programs issued under the authority of both the UNPA and IEEPA are not subject to IEEPA's statutory exemptions.
Section 510.213 of the reissued NKSR now includes the statutory exemptions set forth in IEEPA (e.g., the informational materials exemption, personal communications exemption, and travel exemption), but provides that these exemptions do not apply to transactions involving persons blocked under UNPA authority. According to this section, "persons blocked pursuant to the authority of the UNPA" include parties "listed" on both OFAC's List of Specially Designated Nationals and Blocked Persons ("SDN List") and the UN Security Council Sanctions List, as well as persons "listed" on the SDN List because they are owned or controlled by, or acting on behalf of, such persons (collectively, "UNPA SDNs"). The reissued regulations do not clarify, however, whether the IEEPA exemptions are available for transactions with parties blocked by operation of law under OFAC rules because they are 50% or more owned by one or more UNPA SDNs even though not "listed" as such on the SDN List.
New "Correspondent Account or Payable-Through Account Sanctions List"
In a note to NKSR 510.210, which sets forth prohibitions regarding correspondent or payable-through accounts for certain foreign financial institutions, OFAC advises that a new "Correspondent Account or Payable-Through Account Sanctions List" ("CAPTA List") will be maintained on OFAC's website and published in the Federal Register. This list, which has not otherwise been announced or published by OFAC, will reportedly identify foreign financial institutions (a) that are prohibited from opening or maintaining correspondent accounts or payablethrough accounts in the United States or (b) for which maintaining a correspondent account or payable-through account is subject to any strict conditions.
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Definition of "Significant Transactions"
Many of the executive orders targeting North Korea authorize the designation as SDNs of parties that engage in "significant transactions" with targeted persons. While this term is used often in other sanctions regimes, it is not always defined.
Section 510.413 of the revised NKSR provides guidance as to how OFAC will determine whether a transaction is "significant." This guidance is similar to language found in the Iranian Financial Sanctions Regulations, 31 C.F.R. Part 561, and published by OFAC when interpreting CAATSA sanctions targeting Russia (see FAQ 542).
OFAC is also incorporating several new general licenses into the reissued NKSR.
NKSR 510.506, 510.508, 510.513, and 510.514 authorize certain transactions relating to investment and reinvestment of certain funds, payments for legal services from funds originating outside the United States, the official business of the Federal government, and official activities of international organizations
NKSR 510.519 authorizes certain transactions for a 10-day period related to closing a correspondent account or payable-through account for a foreign financial institution whose name is added to the forthcoming CAPTA List pursuant to the prohibition in 510.211. This general license includes a reporting requirement pursuant to which a US financial institution that maintained a correspondent account or a payable through account for a foreign financial institution whose name is added to the CAPTA List must file a report with OFAC that provides full details on the closing of each such account within 30 days of the closure of the account.
Incorporation and Revision of Existing General Licenses
The reissued NKSR also consolidate, and in some cases amend, the general licenses that were previously posted only on OFAC's website. These general licenses have been removed from OFAC's website because they have been replaced and superseded in their entirety by the reissued NKSR.
Previous authorizations on personal remittances under General License 4 (now located in NKSR 510.511) are amended to include a cap of $5,000 per year. OFAC also amended certain authorizations with respect to activities with NGOs under General License 5 (now located in NKSR 510.512), to include an authorization relating to the exportation of food and medicines to harmonize with Department of Commerce authorities and to remove an authorization relating to educational activities.
For additional information, or if you have any questions, please contact the authors, Alison J. Stafford-Powell, Joseph A. Schoorl, Andrea Tovar, or any member of the US Outbound trade group with whom you normally work.
International Trade Compliance Update | April 2018
Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the Federal Register by the Office of Foreign Assets Control (OFAC) or by the State Department (State) or the Bureau of Industry and Security (BIS):
03-02-18 03-09-18 03-12-18 03-13-18 03-20-18 03-22-18 03-23-18
State: E.O. 13224 Designation of Jund al-Khilafah in Tunisia, aka ISIS-Tunisia, aka ISIS-Tunisia Province, aka Soldiers of the Caliphate, aka Jund al-Khilafa, aka Jund al Khilafah, aka Jund al-Khilafah fi Tunis, aka Soldiers of the Caliphate in Tunisia, aka Tala I Jund al-Khilafah, aka Vanguards of the Soldiers of the Caliphate, aka Daesh Tunisia, aka Ajnad, as a Specially Designated Global Terrorist [Public Notice: 10338] (N) OFAC: Notice of OFAC Sanctions Actions (N) [1 individual; 27 entities; 28 vessels]
OFAC: Notice of OFAC Sanctions Actions (N) [6 individuals; 24 entities; 7 vessels]
OFAC: Notice of OFAC Sanctions Actions (N) [8, 3 individuals; 8 entities]
State: E.O. 13224 Designation of Abdifatah Abubakar Abdi, aka Musa Muhajir as a Specially Designated Global Terrorist [Public Notice: 10354] (N) State: E.O. 13224 Designation of Ahmad Iman Ali, aka Sheikh Ahmed Iman Ali, Shaykh Ahmad Iman Ali, Ahmed Iman Ali, Abu Zinira as a Specially Designated Global Terrorist [Public Notice: 10355] (N) OFAC: Notice of OFAC Sanctions Actions (N) [updating Entity information]
OFAC: Notice of OFAC Sanctions Actions (N) [13 individuals; 3 entities] OFAC: Notice of OFAC Sanctions Actions (N) [6 individuals; 2 entities]
BIS: Addition of Certain Persons to the Entity List and Removal of Certain Persons from the Entity List; Correction of License Requirements [Docket No. 180227219-8219-01] (FR) [23 individuals added; 2 removed]
State: E.O. 13224 Designation of Joe Asperman, as a Specially Designated Global Terrorist [Public Notice: 10366] (N) OFAC: Notice of OFAC Sanctions Actions (N) [10 individuals; 1 entity]
State: E.O. 13224 Designation of Katibat al-Imam al-Bukhari, aka Imam Bukhori Jamaat, aka Imam Bukhari Battalion, aka Imam Bukhari Jamaat, aka Imam AlBukhari Battalion, aka IBB, aka Imom Buxoriy Katibasi, aka KIB, aka Imam alBukhoriy Brigade, aka Katibatul Imom al-Buxoriy as a Specially Designated Global Terrorist [Public Notice 10367] (N)
Orders denying export privileges and/or imposing penalties
During the past month, the following orders were published:
BIS: In the Matters of: Trilogy International Associates, Inc., William Michael 03-05-18 Johnson, Respondents; Final Decision and Order [Docket Number 15BIS0005
03-22-18 BIS: In the Matter of Volodymyr Nedoviz
Treasury, Commerce, Homeland Security and State meetings and notices related to trade
AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY; STATE=DEPARTMENT OF STATE.
International Trade Compliance Update | April 2018
[Note: Only meetings which occur after scheduled distribution of this Update are listed.]
03-06-18 03-09-18 03-12-18 03-13-18 03-16-18
03-22-18 03-29-18 03-30-18
State: Determination Under Section 7070(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 Regarding the Central Government of Venezuela [Public Notice: 10346] [recognized the independence of, or has established diplomatic relations with, the Georgian territo-
ries of Abkhazia and Tskhinvali Region/South Ossetia]
State: Secretary of State's Determination Under the Frank R. Wolf International Religious Freedom Act of 2016 [Public Notice 10350] State: Waiver of Missile Proliferation Sanctions against Foreign Persons [Public Notice: 10351] (N) State: Determination under the Foreign Assistance Act of 1961 for Assistance for Iraq [Public Notice: 10356] (N)
State: Determination and Certification under Section 490(b)(1)(A) of the Foreign Assistance Act Relating to the Largest Exporting and Importing Countries of Certain Precursor Chemicals [Public Notice: 10360] (N) FinCEN and OFAC: Inflation Adjustment of Civil Monetary Penalties [31 CFR Parts 50 and 1010] (FR) [31 CFR Parts 501, 535, 536, 538, 539, 541, 542, 544, 546, 547, 548, 549, 560, 561, 566, 576, 584, 588, 592, 594, 595, 597, and 598]
DHS: Notice of Modified Privacy Act System of Records Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE)-013 Alien Health Records System." [Docket No. DHS20170071] (N) State: Defense Trade Advisory Group; Notice of Open Meeting [Public Notice: 10362] (N/H) [May 10, 2018]
DHS: Homeland Security Science and Technology Advisory Committee; Notice of Open Federal Advisory Committee Meeting [Docket No. DHS-2018-0016] (N/H) [April 11, 2018]
BIS: Regulations and Procedures Technical Advisory Committee; Notice of Partially Closed Meeting (N) [April 17, 2018]
ITA: Advisory Committee on Supply Chain Competitiveness: Notice of Public Meeting (N) [April 19, 2018]
FTC and CPSC Federal Register documents
The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were published Federal Register during the past month:
03-09-18 03-15-18 03-21-18
CPSC: Petition Requesting Rulemaking To Exempt Certain Head Protection Devices From the Safety Standard for Bicycle Helmets [Docket No. CPSC 20180003] (N)
CPSC: Notice of Availability: Guidance on the Application of Human Factors to Consumer Products [Docket No. CPSC-2018-0004] (NA)
CPSC: Labeling of Certain Household Products Containing Methylene Chloride; Supplemental Guidance [Docket No. CPSC-2016-2019] (N)
CPSC: Draft Guidelines for Determining Age Appropriateness of Toys [Docket No. CPSC-2018-0006] (N)
CPSC: The Internet of Things and Consumer Product Hazards [Docket No. CPSC-2018-0007] (N/H/RFC)
International Trade Compliance Update | April 2018
TTB and ATF announcements and Federal Register documents
The Alcohol and Tobacco Tax and Trade Bureau (TTB) or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have posted the following information or regulatory actions of interest to international traders :
03-09-18 03-16-18 03-26-18 03-29-18
TTB: Industry Circular 2018-1 Alternate Procedure for a Wine Producer to Tax Determine and Tax Pay Wine of Its Production That Is Stored Untaxpaid at a Bonded Wine Cellar
TTB: Reminder Kombucha May Be Subject to Regulation as an Alcohol Beverage TTB: New Craft Beverage Modernization and Tax Reform Guidance Available
TTB: Industry Circular 2018-2, Expansion of Allowable Changes to Approved Alcohol Beverage Labels
ATF: Bump-Stock-Type Devices [Docket No. 2017R-22; AG Order No. 41322018] (PR)
The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders:
E6(R2) Good Clinical Practice: Integrated Addendum to E6(R1); International Council for Harmonisation; Guidance for Industry; Availability [Docket No. FDA 2018D0719] (N)
Food Additives Permitted in Feed and Drinking Water of Animals; Silicon Dioxide as a Carrier for Flavors [Docket No. FDA-2017-F-5528] (FR)
The Declaration of Added Sugars on Honey, Maple Syrup, and Certain Cranberry Products; Draft Guidance for Industry; Availability [Docket No. FDA-2018-D0075] (N)
Definitions of Suspect Product and Illegitimate Product for Verification Obligations Under the Drug Supply Chain Security Act; Draft Guidance for Industry; Availability [Docket No. FDA-2018-D-0338] (N)
E18 Genomic Sampling and Management of Genomic Data; International Council for Harmonisation; Guidance for Industry; Availability [Docket No. FDA2016-D-1255] (N)
Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments-- Small Entity Compliance Guide; Availability [Docket No. FDA-2004-N-0258] (N)
Proper Labeling of Honey and Honey Products; Guidance for Industry; Availability [Docket No. FDA-2006-P-0207] (N)
Reference Amounts Customarily Consumed: List of Products for Each Product Category; Guidance for Industry; Availability [Docket No. FDA-2016-D-4098] (N)
Standardization of Data and Documentation Practices for Product Tracing; Draft Guidance for Industry; Availability [Docket No. FDA-2018-D-0688] (N)
United States Food and Drug Administration and Health Canada Joint Regional Consultation on the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use; Public Meeting; Request for Comments [Docket No. FDA-2016-N-1112] (N/H/RFC)
GW Cosmetics GmbH; Filing of Color Additive Petition [Docket No. FDA2018 C0617] (N)
Equivalence Determination Regarding the European Union Food Safety Control System for Raw Bivalve Molluscan Shellfish [Docket No. FDA2018N0810]
International Trade Compliance Update | April 2018
03-21-18 03-22-18 03-26-18 03-27-18 03-28-18 03-29-18
Excentials B.V.; Withdrawal of Food Additive Petition (Animal Use) [Docket No. FDA-2014-F-0469] (N/W)
Proprietary Names for New Animal Drugs; Draft Guidance for Industry; Availability [Docket No. FDA-2018-D-0626] (N)
Clarification of When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices, or Combination Products; Amendments to Regulations Regarding "Intended Uses"; Partial Delay of Effective Date [Docket No. FDA-2015N-2002] (FR/DED)
Tobacco Product Standard for Nicotine Level of Combusted Cigarettes [Docket No. FDA-2017-N-6189] (ANPR)
Draft Concept Paper: Illicit Trade in Tobacco Products after Implementation of a Food and Drug Administration Product Standard; Availability; Request for Comments [Docket No. FDA-2018-N-0529] (N/RFC)
Regulation of Flavors in Tobacco Products [Docket No. FDA-2017-N-6565] (ANPR)
Drug Products Labeled as Homeopathic; Draft Guidance for Staff and Industry; Availability; Extension of Comment Period [Docket No. FDA-2017-D-6580] (N/E)
Application of the Foreign Supplier Verification Program Regulation to the Importation of Live Animals: Guidance for Industry; Availability [Docket No. FDA2018-D-0721] (N)
Regulation of Premium Cigars [Docket No. FDA-2017-N-6107] (ANPR)
Revision of Organization; Technical Amendment [Docket No. FDA-2018-N0011] (FR/T)
Cigarettes, Smokeless Tobacco, and Covered Tobacco Products; Change of Office Name and Address; Technical Amendment [Docket No. FDA-2018-N0011] (FR/T)
Good Guidance Practices; Technical Amendment [Docket No. FDA-2018-N1097] (FR/T)
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]:
AMS: National Organic Program (NOP); Organic Livestock and Poultry Practices [Document Number AMS-NOP-15-0012; NOP-15-06] (FR/W)
AMS: Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order; Change in Producer Eligibility Requirements and Implementation of Charges for Past Due Assessments [Document Number AMS-SC-16-0124] (FR)
USDA: Civil Monetary Penalty Inflation Adjustment for 2018 (FR)
APHIS: Viruses, Serums, Toxins, and Analogous Products; Expiration Date Required for Serial and Subserials and Determination of Expiration Date of Product [Docket No. APHIS-2009-0028] (FR)
APHIS: Importation of Campanula spp. Plants for Planting in Approved Growing Media From Denmark Into the United States [Docket No. APHIS-2016-0051] (FR)
AMS: Christmas Tree Promotion Research, and Information Order; Referendum [Document No. AMS-SC-17-0079] (N) [eligible producers and importers]
International Trade Compliance Update | April 2018
03-19-18 03-28-18 03-29-18
APHIS: Restructuring of Regulations on the Importation of Plants for Planting [Docket No. APHIS-2008-0011] (FR)
FSIS: Codex Alimentarius Commission: Meeting of the Codex Committee on Methods of Analysis and Sampling [Docket No. FSIS-2018-0007] (N/H) [Meeting: 04-06-18]
APHIS: Notice of a Determination Regarding the Fever Tick Status of the State of Chihuahua, Excluding the Municipalities of Guadalupe y Calvo and Morelos [Docket No. APHIS-2015-0042] (N)
APHIS: Importation of Fresh Cherimoya Fruit From Chile Into the United States [Docket No. APHIS-2015-0015] (FR) APHIS: Importation of Pummelo From Thailand Into the Continental United States [Docket No. APHIS-2016-0034] (PR)
Below is a partial list of Global Agriculture Information Network (GAIN) reports that were recently issued by the US Foreign Agriculture Service (FAS) in the Food and Agricultural Import Regulations and Standards (FAIRS) series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports website.
Australia - Food Processing Ingredients Cambodia - Revised import tariffs and special consumption taxes Canada - Exporter Guide
Canada - FAIRS - Certification Canada - Food Processing Ingredients China - China Notifies Draft Maximum Residue Limits for Pesticides in Food China - China Released the Food Safety Standard of Pathogen Limit for Foods
Colombia - Food Processing Ingredients Dom. Rep. - Food Processing Ingredients EU - FAIRS Export Certificate Report
India - Amendments in Food Licensing and Registration Made Operational India - FSSAI - Draft Notice on Standards for Fruit and Vegetable Products India - FSSAI Notifies Sixteenth Amendment of Food Additives Regulations Israel - Food Processing Ingredients
Israel - Israeli Pesticide Residues Regulation Amendment Japan - Japan Set to Modify its GE Food Labeling System Japan - Japan to Decide GE Labeling Requirements Soon Malaysia - Registration of Dairy Products Suppliers to the Malaysia Market
Mexico -Mexico Publishes Draft Regulations for Selected Dairy Products Morocco - Food Processing Ingredients Morocco - Poultry Law
Netherlands - Food Processing Ingredients
International Trade Compliance Update | April 2018
Norway - Exporter Guide Philippines - Food Processing Ingredients Poland - Food Processing Ingredients Senegal - Exporter Guide Thailand - Thai Government Extends Timeline for Full Implementation of COA Tunisia - Export Declaration Trade Barrier Removed Tunisia - Hormone Ban - Regulation of Estrogen-active Substances Ukraine - Procedures Adopted for Registration of GE Feeds and Vet Medicines
The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies:
03-07-18 03-09-18 03-12-18 03-15-18
Environmental Protection Agency (EPA): Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities
EPA: Methyl Bromide; Pesticide Tolerances for Emergency Exemptions [EPA HQOPP20170447; FRL997119] (FR)
National Highway Traffic Safety Administration (NHTSA): Notice of Receipt of Petition for Decision that Nonconforming Model Year 2007 Jeep Wrangler Multipurpose Passenger Vehicles are Eligible for Importation [Docket No. NHTSA2017-0056; Notice 1] (N)
EPA: Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses [EPAHQ OPP20180014; FRL997409] (N)
EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPAHQOPP20170008; FRL997325] (N)
Pesticide Product Registration; Receipt of Applications for New Active Ingredients [EPAHQOPP20170007; FRL997326] (N)
EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPAHQOPP20170006; FRL 997327] (N)
EPA: Lipochitooligosaccharide (LCO) SP104; Exemption From the Requirement of a Tolerance [EPAHQOPP20170080; FRL997339] (FR)
EPA: Kasugamycin; Pesticide Tolerances [EPAHQOPP20160519; FRL 997296] (N)
EPA: Fluopicolide; Pesticide Tolerances [EPAHQOPP20160257; FRL 997344] (FR)
EPA: Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards; Withdrawal [EPAHQOAR20170472; FRL997519OAR] (FR/W)
Drug Enforcement Adm. (DEA): Schedules of Controlled Substances: Temporary Placement of Seven Fentanyl-Related Substances in Schedule I; Correction [Docket No. DEA475] (TR/C)
EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for December 2017 [EPAHQOPPT20170141; FRL997491] (N)
Fish and Wildlife Service (FWS): Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; 18th Regular Meeting; Request for Information and Recommendations on Resolutions, Decisions, and Agenda Items for Consideration [FWSHQIA2017 0079; FF09A30000-189-FXIA16710900000] (N)
EPA: Trinexapac-ethyl; Pesticide Tolerances [EPA-HQ-OPP-2016-0365; FRL-
International Trade Compliance Update | April 2018
03-22-18 03-23-18 03-27-18 03-28-18 03-30-18
EPA: Receipt of a Pesticide Petition Filed for Residues of Pyroxasulfone in or on Various Commodities [EPA-HQ-OPP-2015-0787; FRL-9974-72] (N)
EPA: Pesticide Product Registration; Receipt of Applications for Pyroxasulfone New Uses [EPA-HQ-OPP-2015-0787; FRL-9974-71] (N)
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA): Fish and Fish Product Import Provisions of the Marine Mammal Protection Act List of Foreign Fisheries [Docket No. 170706630-820902] (N)
EPA: Aluminum tris (O-ethylphosphonate); Pesticide Tolerances [EPA-HQOPP-2016-0639; FRL-9974-63] (FR)
EPA: Flutianil; Pesticide Tolerances [EPA-HQ-OPP-2015-0817; FRL-9974-32] (FR)
EPA: S-Metolachlor; Pesticide Tolerances [EPA-HQ-OPP-2017-0211; FRL9973-11] (FR)
EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2017-0006; FRL9974-76] (N)
EPA: Pesticides; Guidance for Pesticide Registrants on the Determination of Minor Use [EPA-HQ-OPP-2015-0814; FRL-9974-40] (N)
NHTSA: Notice of Receipt of Petition for Decision that Nonconforming Model Year 2013 and 2014 Victory Hammer 8-Ball Motorcycles Are Eligible for Importation [Docket No. NHTSA-2018-0012; Notice 1] (N)
EPA: Pesticide Product Registration; Receipt of Applications for New Active Ingredients [EPA-HQ-OPP-2017-0007; FRL-9974-75] (N)
EPA: Pesticide Product Registration; Receipt of Applications for New Uses [EPA-HQ-OPP-2017-0008; FRL-9974-74] (N)
NHTSA: Decision That Nonconforming Model Year 2013-2014 Ferrari F12 Berlinetta Passenger Cars Are Eligible for Importation [Docket No. NHTSA2015-0104, Notice 3] (Grant of petition)
EPA: Certain New Chemicals or Significant New Uses; Statements of Findings for January 2018 [EPAHQOPPT20180097; FRL997529] (N)
U.S.-China Economic and Security Review Commission: Notice of open public roundtable (N) [April 12, 2018]
EPA: N,N-Dimethyl 9-Decenamide; N,N-Dimethyldodecanamide; N,NDimethyltetradecanamide; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2015-0660, EPA-HQ-OPP-2015-0720, EPA-HQ-OPP-20150723; FRL-9974-70] (FR)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
The Americas - South America
The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de la Republica Argentina (Official Gazette) or the Customs Bulletin during the period covered by this Update [Unofficial translation]. Provisions adopted by the Nat. Adm. of Medicines, Food and Medical Technology (ANMAT) are no longer included.
International Trade Compliance Update | April 2018
BO Date 08-03-18 09-03-18
13-03-18 22-03-18 28-03-18
Decree 190/2018 (07-03-18) "International Fair of Villa Gesell". Exemption from the payment of import duties and other taxes. Fed. Adm. of Public Revenues (AFIP): Prov. 76/2018 (08-03-18) setting fees for dog inspections and scanner operators. AFIP: Gen. Res. 4211 (08-03-18) Verified Gross Mass-VGM Record in the Advance Information Module of the General Cargo Manifest of the MALVINA Computer System. Its implementation RG 2973 and 3622 and its amendment. AFIP: Gen. Res 4212 (08-03-18) Exportation. Extinction of the obligation of income and liquidation of currencies. General Resolution 1921, its amendments and complementary. Modifying standard. Decree 220/2018 (12-03-18) International Fair. "Grand Prize of the Argentine Republic Moto GP 2018". Exemption from the payment of the import duties and other taxes. AFIP/ Commerce: Joint General Resolution 4213/2018 (12-03-18) Procedures for the Processing of Import Licenses. Production, Commerce: Res. 158/2018 Aluminum standards Production, Commerce: Res. 170/2018 (27-03-18) re: automatic import licensing
Production, Commerce: Res. 171/2018 (27-03-18) re: lead in inks
Production, Commerce: Res. 169/2018 (27-03-18) re: consumer protection from electrical equipment
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Dirio Oficial da Unio publications
The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Dirio Oficial da Unio (Official Gazette) or posted during the period covered by this Update.
01-03-18 02-03-18 07-03-18
16-03-18 19-03-18 27-03-18 27-03-18
SECEX Circular 11 (22-02-18) C.F.R. Price of Brazilian imports of coarse salt not intended for animal consumption CAMEX Resolution 15 (28-02-18) Correction - [Changed to 0% (zero percent) the Import Tax rates on Capital Goods, as Ex-Tariffs]
CAMEX Resolution 16 Alters the Brazilian List of Exceptions to the Mercosur Common External Tariff.
SECEX Ordinance 12, (14-03-18) - Alters SECEX Ordinance 23, of 1407-11, to provide for the distribution of tariff quotas for export to Mexico, which is dealt with in the Fifth Additional Protocol to Bilateral Appendix II "On Trade in the Automotive Sector between Brazil and Mexico "of Economic Complementation Agreement No. 55 - MERCOSUR / Mexico.
SECEX Ordinance 13 (03-03-18) Changes Annex XXVIII of Portaria SECEX 23, of 14-07-11.
Normative Instruction MF No. 1.799, (16-03-18) - Establishes supplementary rules to Ordinance MF No. 307, of July 17, 2014, which provides for the application of the special customs regime of free shop in land border.
CAMEX Res. 17 Grants temporary reduction in the rate of import duty under Resolution 08/08 Group of the MERCOSUR Common Market.
CAMEX Res. 21 - Alters the Brazilian List of Exceptions to the Mercosur Common External Tariff.
International Trade Compliance Update | April 2018
CAMEX Res. 22 - Changes to 0% (zero percent) the Import Tax rates on the IT and Telecommunications Goods, in the condition of Ex-Tariffs.
CAMEX Res. 23 - Changes to 0% (zero percent) the Import Tax rates on Capital Goods, in the condition of Ex-Tariffs
CAMEX Res. 24 - Alters the list of auto parts set out in Annexes I and II to CAMEX Resolution 116 of December 18, 2014
SECEX Ordinance 15 (28-03-18) Establishes criteria for quota allocation for imports, as determined by CAMEX Resolution No. 17, dated March 27, 2018
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
National Customs postings and Diario Oficial
The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la Repblica de Chile (Official Gazette, which requires a subscription) [Partial list; Unofficial translation].
01-03-18 02-03-18 08-03-18 14-03-18 20-03-18
Hacienda: Exempt Resolution 498, of 2018. - Certifies average customs tariff and declares tax rate
Hacienda: Exempt Decree 73, of 2018.- Approves requirements that certain importers must comply with in order to withdraw foreign goods that are in the customs warehouses for importation, in order to access the benefits indicated
Hacienda: Extract of Exempt Resolution 853, of 2018. -Establishes regulation of the Stores of Free Sale or Duty Free Shop
Hacienda: Extract of Exempt Resolution 846, of 2018. - Incorporates norms for the application of article 80 bis of the Customs Ordinance
Hacienda: Extract of Exempt Resolution 854, of 2018.- Approves rules on customs auction procedures
Hacienda: Extract of Exempt Resolution 1.017, of 2018. - Approves procedure to request authorization to impetrate the benefit established in article 104, second and following clauses, of the Customs Ordinance, to request its renewal, to present the guarantee and its approval
Foreign Affairs: Decree 186, of 2017. - It complies with resolutions 2,371, of 2017, and its Annexes I and II, and 2,375, of 2017, and its Annexes I and II, approved by the United Nations Security Council, concerning the Democratic People's Republic of Korea
Hacienda: Exempt Decree 99, of 2018. - Applies rebates of customs duties for the importation of raw sugar, refined sugar grades 1 and 2, and refined sugar grades 3 and 4, and sub-standards
Classification opinions, advance rulings and classification valuation and origin decisions
The National Customs Service has recently redesigned its website. Advance Classification Rulings (Resoluciones Anticipadas Clasificacin) from 2010 to the present are available. Post entry Classification, valuation and origin decisions on claims (fallos de reclamaciones) at the first and second instance levels from 2003 to 2015 are also available.
International Trade Compliance Update | April 2018
Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be found here. Sample (non-mandatory) Certificates of Origin are available here.
Tariff Classification Resolutions may be found here.
MinCIT, MinHacienda and DIAN Documents
The following documents of interest to international traders were posted by the Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (MNHP or Hacienda) or the National Directorate of Taxes and Customs (DIAN):
01-03-18 12-03-18 14-03-18 22-03-18
DIAN: Cir. 3135 Ad valorem charges applicable to agricultural products of reference, their substitutes, agro - industrial products or by - products
DIAN: Cir. 000007 Reference prices of agricultural products
DIAN: Cir. 3142 Circular of Variable Tariffs for products of the Andean Price Band System that comes into force as of March 16, 2018.
DIAN: Res. 002429 Whereby the provisions for the implementation of electronic security devices used in the monitoring and control of foreign trade operations are dictated
MinCIT: Resolution 0524 "Whereby provisions related to registration and import license are issued in temporary import for industrial processing"
MinCIT: Circular 08 "Modification and addition to annexes 7, 12, 13, 18, 20 and 22 of circular 037 of 2016"
MinCIT: Circular 09 "Resolution 00129 of 2018 - Regulates import quotas for products originating in the Swiss Confederation and the Principality of Liechtenstein"
MinCIT: Circular 10 "Resolution 000130 of 2018 - regulates contingencies of importation of other foods for dogs or cats for the year 2018"
MinCIT: Circular 11 "Resolution 000131 of 2018 - Regulates the import quotas of the other undenatured ethyl alcohols for the year 2018."
DIAN: Cir. 000008 Reference prices of agricultural products.
A searchable Tariff Classification Resolution (ruling) database (from 2006 through the present) is available. It may be searched by the tariff number, resolution number, or description. The database currently has approximately 7400 resolutions, some with photographs.
SUNAT and El Peruano publications
The following documents of interest to international traders were posted during the past month by SUNAT (National Customs Superintendent and Tax Administration) or in the legal standards section of El Peruano (the Official Gazette) (dd-mm-yy):
International Trade Compliance Update | April 2018
18-02-18 22-02-18 24-02-18
National Institute for Defense of Competition and Protection Of Intellectual Property (INDECOPI) - Resolution 017-2018 / CDB-INDECOPI Imposes definitive anti-dumping duties on imports of zip fasteners and their parts originating in the People's Republic of China
Agriculture and Irrigation: Directoral Resolution No. 0006-2018-MINAGRISENASA-DSA - Animal health requirements of mandatory compliance in the import of horses that were exported from Peru temporarily from Uruguay are approved
Economy and Finance: Supreme Decree 034-2018-EF Approve new provisions regarding the method to determine the amount of collection of the General Sales Tax in the case of the importation of goods considered goods sensitive to fraud
[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.]
The following documents were published in the Government Notices Gazette, the Tariff Concessions Gazette (TC) or other Gazettes as noted(dd-mm-yy):
07-03-18 14-03-18 21-03-18 28-03-18
Notice of Substituted Rates of Customs Duty for Excise-Equivalent Goods - Notice (No. 2) 2018 TC18-09 TC18-10 TC18-11 TC18-12
The Department of Home Affairs (DHA) has published a List of Current Precedents, updated through 13 June 2017. Tariff Precedents are considered statements from Customs made to provide guidance on various classification issues. New information and tariff classification guides can be found on Tariff Public Advice Products webpage
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
CHINA (INCLUDING HONG KONG SAR)
China issues statement on its response to the US section 232 tariffs on steel and aluminum
On March 23, 2018, the Ministry of Commerce spokesperson released the following statement (original in Chinese, unofficial translation):
International Trade Compliance Update | April 2018
On March 23, 2018, the Ministry of Commerce issued a list of discontinuation concessions for US imports of steel and aluminum products 232 measures and solicited public opinions, intending to impose tariffs on certain products imported from the United States, in order to balance the Aluminum products impose tariffs on losses caused by Chinese interests. The spokesperson of the Ministry of Commerce made a statement on this.
This list tentatively contains 7 categories and 128 tax products. According to the 2017 statistics, it involves US exports to China of about 3 billion US dollars. The first part covers a total of 120 taxes involving US$977 million in US exports to China, including fresh fruit, dried fruit and nut products, wine, modified ethanol, American ginseng, and seamless steel pipes , and is expected to impose a 15% tariff. The second part covers a total of eight taxes involving US$1.992 billion of US exports to China, including pork and processed products, recycled aluminum, etc., and a 25% tariff is proposed.
The fact that the United States imposed tariffs of 25% and 10% on imported steel and aluminum products on the grounds of "national security" actually constitutes a safeguard measure. According to the relevant provisions of the WTO Agreement on Safeguard Measures, China has formulated a list of suspension of concessions. If China and the United States fail to reach a trade compensation agreement within the stipulated time, China will exercise the right to suspend concessions for the first part of the product; China will implement the second part list after further evaluating the impact of the US measures on China. China reserves the right to adjust measures based on actual conditions and will implement the necessary procedures in accordance with relevant WTO rules.
The United States' practice of restricting the import of products based on "national security" has severely damaged the multilateral trade system represented by the WTO and seriously interfered with the normal international trade order. It has been opposed by many WTO members. The Chinese side also negotiated with the United States through multiple levels and channels, and will take legal actions under the WTO framework to jointly maintain the stability and authority of the multilateral trade rules with other WTO members.
As the world's two largest economies, China and the United States are the only correct choice for cooperation between the two countries. They hope that both sides proceed from the overall interests of China and the United States, work toward one another, focus on cooperation, control disagreements, and jointly promote the healthy and stable development of China-US economic and trade relations. China urges the United States to resolve China's concerns as soon as possible, resolve differences through dialogue and consultation, and avoid harming the overall situation of SinoU.S. cooperation.
Notice of the Ministry of Commerce on Public Consultation on the U.S. Imported Steel and Aluminum Products 232 Measures and Chinese Countermeasures (in Chinese)
Suspended Concession Product List.pdf (in Chinese with tariff subheadings)
The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy):
International Trade Compliance Update | April 2018
Temporary Anti-dumping Measures on the Use of Impurities in the Importation of InterPhenoxybenzaldehyde from India
MIIT, MOFCOM, GAC, GAQSIQ Joint Ann. 14
Relevant Procedures for the Transfer of "Sure Transfer" Management Items of Guarantee Accounts into Customs Affairs Guarantees
Expanding the Pilot Program for the Reform of the Supervisory Mode of Processing Trade in Enterprises
Adjusting Customs Clearance Methods for Imports and Exports of Industrial Drills for General Trade
Decree on Promulgating the "Procedures of the People's Republic of China on Customs Enterprise Credit Management"
On the publication of 16 revisions of processing trade unit consumption standards
Calculating the Average Fuel Consumption of Chinese Passenger Vehicles and New Energy Vehicle Credits in 2016
Announcement on the Enabling of Bonded Nuclear Injection Lists
Announcement on Expanding the Application Scope of Self-declared and Self-paying Taxes
Adjustment of the Automatic Import License Enforcement for Certain Automobile Products
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Other CBEC and DGFT notifications, circulars and instructions
The following Central Board of Excise and Customs (CBEC) Customs notifications (NT-non tariff, T-tariff), circulars (Cir) and instructions (other than antidumping, countervailing duty and safeguard) were issued during the period covered by this Update. Directorate General of Foreign Trade (DGFT) notifications will be published next month:
01-03-18 15-03-18 19-03-18
28/2018-Cus (T) 29/2018-Cus (T) 20/2018-Cus (NT) 21/2018-Cus (NT) 30/2018-Cus (T) 31/2018-Cus (T)
Increases BCD tariff rate on Chickpeas, [Tariff item 0713 20 0] from 40% to 60% by invoking section 8A (1) of the Customs Tariff Act, 1975 Amends notification No. 50/2017 Customs dated 30.06.2017 Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver- Reg Declaration of Vijayawada Airport as Customs Airport; amendment of Notification No. 61/94(NT)- CUSTOMS dt. 21st November, 1994.
Amends notification No. 27/2011-Customs, dated the 01.03.11, so as to reduce export duty on raw sugar, white or refined sugar from 20% to Nil.
Amends notification No. 50/2017-Customs, dated 30.06.2017, so as to make consequential amendment in wake of change made vide notification on No. 22/2018-
International Trade Compliance Update | April 2018
22/2018-Cus (NT) 32/2018-Cus (T) 33/2018-Cus (T)
35/2018-Cus (T) 25/2018-Cus (NT) 26/2018-Cus (NT) 27/2018-Cus (NT) 28/2018-Cus (NT)
Amendments in the First Schedule to the Customs Tariff Act, 1975.
Further amends notification No. 50/2017-Customs so as to reduce BCD from 10% to 5% on Opencell(15.6" and above) of LCD/LED TV panels..
Amends notification No 52/2003- Customs dated 31.03.2003 for extending exemption from IGST and compensation cess to EOUs on imports till 01.10.2018
Amends notification No 69/2011- -Customs, dated the 29.07.2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section(i), vide number G.S.R. 593 (E), dated the 29.07.11.
Amends various Customs exemption Notifications to exempt integrated tax and goods and services tax compensation cess on import of goods under Advance Authorisation/EPCG Schemes till 01.10.2018.
Amendment to Notification No. 64/94-Customs (N.T) dated 21.11.1994
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver- Reg.
Appointment of customs airports as international courier terminals .
Courier Imports and Exports (Electronic Declaration and Processing) Amendment Regulations, 2018.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Korea-US FTA revisions agreed to in principle
On March 26, 2018, the S. Korean Ministry of Trade and Industry announced that the US and S. Korea and reach agreement "in principle" to amend the terms of the Korea-US Free Trade Agreement (frequently referred to as "KORUS"). The agreement would result in S. Korea being exempted from the US recently announced steel tariffs, but would be subject to a steel quota equal to about 2.68 million tons, or 70 percent of the average exports to the U.S. over the previous three years. South Korea was the third largest steel exporter to the U.S. as of 2017
The US would be able to extend its normal 25% duty on Korean pick up trucks until 2041 (20 years longer than originally agreed) and would be allowed to send an additional 25,000 US autos that meet US safety standards to S. Korea without meeting Korean safety standards. The Korean Trade minister said that the number of US vehicles imported to South Korea under the allowance hovered below 10,000 units last year. S. Korea will also consider the US standards when it revises its standards. Korean negotiators rejected demands for a higher US content requirement.
Korea signs FTA with Central American countries
International Trade Compliance Update | April 2018
The International Trade Compliance Update is a publication of the Global International Commercial and Trade Practice Group of Baker McKenzie. Articles and comments are intended to provide our readers with information on recent legal developments and issues of significance or interest. They should not be regarded or relied upon as legal advice or opinion. Baker McKenzie advises on all aspects of International Trade law.
Comments on this Update may be sent to the Editor:
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected]
A note on spelling, grammar and dates-In keeping with the global nature of Baker McKenzie, the original spelling, grammar and date formatting of non-USA English language material has been preserved from the original source whether or not the material appears in quotes.
Translations of most non-English language documents are unofficial and are performed via an automated program and are for information purposes only.
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be accessed by clicking on the blue hypertext links.
This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.
On February 21, 2018, South Korean Trade Minister Kim Hyun-chong signed the Korea-Central America Free Trade Agreements (FTA) with representatives from five Central American countries: El Salvadoran Economy Minister Tharsis Salomn Lpez Guzmn, Honduran Minister of Economic Development Arnaldo Castillo, Costa Rican Minister of Foreign Trade Alexander Mora, Nicaraguan Minister of Development, Industry and Commerce Orlando Solrzano Delgadillo, and Panamanian Vice Minister of Commerce and Industry Diana Salazar.
Trade Minister Kim and the five ministers also discussed ways to maximize the benefits of the agreements and promised to work together for their implementation. The signing of the Korea-Central America FTA was held about two years and eight months after the first official negotiation launched in June 2015.
Date Reference 18-03-18 Cir. 02/2018
Electronic Submission of Preferential Certificate of Origin for Claiming of Preferential Tariff Treatment for Goods Imported under the Various Free Trade Agreements Change in Japan's Authorised Economic Operator Codes and Reminder on Proper Declaration of Authorised Economic Operator Information
Europe, Middle East and North Africa
EU initiates steel safeguard investigation
On 26 March 2018, the Official Journal published a notice of initiation of a safeguard investigation concerning imports of steel products (2018/C 111/10) which states that the information currently available to the European Commission (`the Commission'), including the surveillance measures in place, has revealed that imports of certain steel products have recently increased sharply, showing that there is sufficient evidence that these trends in imports appear to call for safeguards measures. Accordingly, the Commission has decided to initiate ex officio a safeguard investigation, pursuant to Article 5 of Regulation (EU) 2015/478 of the European Parliament and of the Council and Article 3 of Regulation (EU) 2015/755 of the European Parliament and of the Council. The products subject to this investigation are certain steel products (the `products concerned'), which are listed together with the CN codes within which they are currently classified, in Annex I to the Notice and below. Those CN codes are given for information purposes only.
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known producers of the like or directly competing products and to any known associations of producers, in the Union. The completed questionnaires must reach the Commission within 21 days from the date on which they are sent.
All interested parties including exporting producers, importers and users of the products concerned and their associations are invited to make known their views
International Trade Compliance Update | April 2018
in writing, submit information and to provide supporting evidence. Representations in a free format should be submitted within 21 days of the date of publication of this Notice in the Official Journal of the European Union. Interested parties may make themselves known by contacting the Commission, preferably by email, immediately but no later than 15 days after the publication of this Notice in the Official Journal of the European Union, and request a questionnaire. The completed questionnaire should be submitted within 21 days from the date on which they are sent.
Any submission of views and information after the above deadlines may be disregarded. Deadlines and instructions for making written submissions and sending completed questionnaires and correspondence are set forth in the notice, together with addresses, including email addresses. Applications to be heard at a hearing must be made within 21 days of the date of publication in the Official Journal.
If the Commission determines that measures are necessary, the Commission shall take the necessary decisions in accordance with Chapter V of Regulations (EU) 2015/478 and (EU) 2015/755 respectively, no later than nine months from the date of initiation, unless exceptional circumstances exist, in which case that time limit may be extended by a maximum period of two months.
Non Alloy and Other Alloy Hot Rolled Sheets and Strips
2 Non Alloy and Other Alloy Cold Rolled Sheets
3 Electrical Sheets (other than GOES)
7 Non Alloy and Other Alloy Quarto Plates
8 Stainless Hot Rolled Sheets and Strips
International Trade Compliance Update | April 2018
9 Stainless Cold Rolled Sheets and Strips
10 Stainless Hot Rolled Quarto Plates
Non Alloy and Other Alloy Merchant Bars and Light Sections
Stainless Bars and Light Sections
16 Non Alloy and Other Alloy Wire Rod
17 Angles, Shapes and Sections of Iron or Non Alloy Steel
20 Gas pipes 21 Hollow sections 22 Seamless Stain-
less Tubes and Pipes 23 Bearing Tubes and Pipes 24
International Trade Compliance Update | April 2018
Brexit: Council adopts guidelines for post-Brexit relations
The European Council (Art. 50) on 23 March 2018 adopted guidelines on the framework for post-Brexit relations with the UK: European Council (Art. 50) guidelines on the framework for the future EU-UK relationship, 23 March 2018.
Commission launches consultation on retaliation for US steel tariffs
On 16 March 2018, the European Commission launched a public consultation on possible retaliatory action to be taken if the EU was not exempt from the announced US tariff increases on imports of steel and aluminum. The deadline for input is 12:00 am was 26 March 2018. The DG Trade posted two lists of proposed products.
Part A includes products worth $3.5 billion that the EU can target with tariffs of 25 percent. Agricultural products featuring on the list include sweetcorn, corn, kidney beans, rice, peanut butter, cranberries, orange juice, Bourbon whiskey and whiskey.
Part B of the list is made up of products that may be affected by duties on imports from the United States in a second phase after three years, in response to the tariff on U.S. steel and aluminum imports. Agricultural products listed are Bourbon whiskey and whiskey. The total of the two lists could impact $7.9 billion in U.S. exports.
Brexit: Commission publishes revised draft Art. 50 withdrawal agreement
On 15 March 2018, the Commission released a revised "Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community", which was sent to the UK authorities and will form the basis of the EU's negotiation for the United Kingdom's exit from the European Union. The draft includes a protocol on Ireland and Northern Ireland which recognizes the island's unique status. See below for our summary of the 28 February Draft agreement.
On 15 March 2018, the Official Journal published the Common Military List of the European Union adopted by the Council on 26 February 2018 (2018/C 098/01). The List updates and replaces the Common Military List of the European Union adopted by the Council on 6 March 2017 and describes equipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment.
European Commission outlines EU plan to counter US trade restrictions on steel and aluminium
International Trade Compliance Update | April 2018
The European Commission announced that on 7 March 2018, the College of Commissioners discussed the EU's response to the possible US import restrictions for steel and aluminium announced on 1 March. The EU stands ready to react proportionately and fully in line with the World Trade Organisation (WTO) rules in case the US measures are formalised and affect EU's economic interests. The College gave its political endorsement to the proposal presented by President Jean-Claude Juncker, Vice-President Jyrki Katainen and Commissioner for Trade Cecilia Malmstrm. Speaking after the College meeting, Commissioner Malmstrm said:
We still hope, as a USA security partner, that the EU would be excluded. We also hope to convince the US administration that this is not the right move. As no decision has been taken yet, no formal action has been taken by the European Union. But we have made clear that if a move like this is taken, it will hurt the European Union. It will put thousands of European jobs in jeopardy and it has to be met by firm and proportionate response. Unlike these proposed US duties, our three tracks of work are in line with our obligations in the WTO. They will be carried out by the book. The root cause of the problem in the steel and aluminium sector is global overcapacity. It is rooted in the fact that a lot of steel and aluminium production takes place under massive state subsidies, and under non-market conditions. This can only be addressed by cooperation, getting to the source of the problem and working together. What is clear is that turning inward is not the answer. Protectionism cannot be the answer, it never is.
The announcement said that the EU remains available to continue working on this together with the United States. The EU has been and remains a strong supporter of an open and rules-based global trade system.
Commission proposes Union Customs Code amendment
On 5 March 2018, the European Commission (Taxation and Customs Union) announced that on 2 March 2018, the European Commission proposed that customs authorities and economic operators be allowed to continue using, until 2025 at the latest, already existing systems for the completion of certain customs formalities. While most of the new or upgraded electronic systems that are necessary to apply the provisions of the UCC will be operational by 2020, some electronic systems may not be fully completed until 2025. Therefore this proposal would ensure that, in the case of the small number of customs formalities to be managed by the electronic systems that will not be completed by 2020, already existing electronic systems or paper-based procedures can continue to be used until the new systems are ready.
The Commission has therefore formally proposed that Article 278 UCC is amended to allow the continued part-use of transitional measures until 2025 at the latest.
Read more about the Union Customs Code Read the text of the proposal
Brexit: European Commission publishes draft Article 50 Withdrawal Agreement
On 28 February 2018, the European Commission published the draft Withdrawal Agreement between the European Union and the United Kingdom. The press release accompanying the release of the draft Withdrawal Agreement states:
International Trade Compliance Update | April 2018
The draft Withdrawal Agreement translates into legal terms the Joint Report from the negotiators of the European Union and the United Kingdom Government on the progress achieved during phase 1 of the negotiations, published on 8 December 2017, and proposes text for those outstanding withdrawal issues which are mentioned in, but not set out in detail, in the Joint Report. It also integrates the text on the transition period, based on the supplementary negotiating directives adopted by the Council (Article 50) on 29 January 2018.
The draft Withdrawal Agreement consists of six parts including introductory provisions, citizens' rights, other separation issues such as goods placed on the market before the withdrawal date, the financial settlement, transitional arrangements, and institutional provisions and a protocol on Ireland / Northern Ireland. This protocol operationalises the third option outlined in the Joint Report, in order to avoid a hard border on the island of Ireland. This is the fall-back solution of the Joint Report, which applies in the absence of other agreed solutions. This draft protocol does not prejudge discussions on the other two options.
The draft Withdrawal Agreement is published online in accordance with the Commission's transparency policy. The Commission has presented the draft Withdrawal Agreement now to first allow for time for consultation with the Member States and the European Parliament and, subsequently, for negotiation with the United Kingdom. Given that the Withdrawal Agreement needs to be agreed and ratified before the withdrawal of the United Kingdom, it is important to leave sufficient time for negotiation.
The draft Withdrawal Agreement will now be sent to the Council (Article 50) and the European Parliament's Brexit Steering Group for discussion, before being transmitted to the United Kingdom for negotiation.
The European Council (Article 50) has called on the United Kingdom to provide further clarity on its position on the framework for the future relationship, with a view to its meeting on 22 and 23 March, where it is expected to adopt additional guidelines.
The overall Article 50 Withdrawal Agreement will need to be concluded by the Council (Article 50), the European Parliament, and the United Kingdom according to its own constitutional requirements.
The United Kingdom will leave the European Union on 30 March 2019.
Amendments to the Combined Nomenclature
On 14 March 2018, the Official Journal published Commission Implementing Regulation (EU) 2018/396 of 13 March 2018 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff which amended Chapter 22 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87, by replacing the second indent of Additional note 10 with the following:
`-- fermented beverages otherwise put up, with an excess pressure of 3 bar or more, measured at a temperature of 20 C.'.
The Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal.
On 27 March 2018, the Official Journal published Commission Implementing Regulation (EU) 2018/507 of 26 March 2018 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff which clarifies the classification of capsules, tablets, pastilles and pills made from products of Chapter 15, by adding an additional
International Trade Compliance Update | April 2018
note to Chapter 15, in light of the judgment of the Court of Justice of the European Union in Joined Cases C-410/08 to C-412/08. The Court of Justice explained that, in the case of the goods concerned, the form of presentation is a decisive factor which reveals their function as a food supplement, since it determines the dosage of the edible preparations, the way in which they are absorbed and the place where they are supposed to become active. Consequently, the casing is a factor which, together with their content, determines the use and character of the respective goods. The fact that the raw materials of which the edible preparations are composed are partly covered by headings 1515 and 1517 of the CN does not preclude their classification under heading 2106. Headings 1515 and 1517 of the CN do not allow account to be taken of that characteristic of the goods.
In Chapter 15 of Part Two of the Combined Nomenclature set out in Annex I to Regulation (EEC) No 2658/87, the following Additional note 5 is added:
`5. Food preparations made from products of Chapter 15 presented in measured doses, such as capsules, tablets, pastilles and pills, intended for use as food supplements, are excluded from this Chapter. The essential character of a food supplement is not only given by its ingredients, but also by its specific form of presentation revealing its function as a food supplement, since it determines the dosage, the way in which it is absorbed and the place where it is supposed to become active. Such food preparations are to be classified under heading 2106 insofar as they are not specified or included elsewhere.'.
Commission issues tariff classification regulations
See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update.
Amendments to the CN Explanatory Notes
See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this Update.
Commission updates BTI issuing authorities
On 23 March 2018, the Official Journal published an updated list of customs authorities designated by Member States for the purposes of receiving applications, or taking decisions relating to binding tariff information (BTI) [2018/C 110/04], adopted in accordance with Article 11 of Commission Implementing Regulation (EU) 2015/2447
International Trade Compliance Update | April 2018
The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export.
Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database.
The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union (dd-mm-yy):
01-03-18 02-03-18 03-03-18
Commission Implementing Regulation (EU) 2018/303 of 27 February 2018 concerning the non-approval of the active substance Reynoutria sachalinensis extract, 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 (Text with EEA relevance. )
Commission Implementing Regulation (EU) 2018/307 of 28 February 2018 extending the special guarantees concerning Salmonella spp. laid down in Regulation (EC) No 853/2004 of the European Parliament and of the Council to meat derived from broilers (Gallus gallus) intended for Denmark
Commission Implementing Regulation (EU) 2018/309 of 1 March 2018 concerning the non-renewal of approval of the active substance propineb, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011
Commission Implementing Decision (EU) 2018/313 of 28 February 2018 amending Decision 2009/821/EC as regards the lists of border inspection posts and veterinary units in Traces (notified under document C(2018) 1149)
Commission Implementing Decision (EU) 2018/314 of 1 March 2018 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2018) 1401)
Recommendation No 1/2017 of the EU-Armenia Cooperation Council of 20 November 2017 on the EU-Armenia Partnership Priorities [2018/315]
Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
Corrigendum to Commission Implementing Regulation (EU) 2018/303 of 27 February 2018 concerning the non-approval of the active substance Reynoutria sachalinensis extract, 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 ( OJ L 59, 1.3.2018 )
International Trade Compliance Update | April 2018
05-03-18 06-03-18 08-03-18
Commission Implementing Decision (EU) 2018/320 of 28 February 2018 on certain animal health protection measures for intra-Union trade in salamanders and the introduction into the Union of such animals in relation to the fungus Batrachochytrium salamandrivorans (notified under document C(2018) 1208)
Commission Implementing Decision (EU) 2018/322 of 2 March 2018 on suspending the examination procedure concerning obstacles to trade consisting of measures adopted by the Republic of Turkey affecting trade in uncoated wood free paper
Commission Implementing Regulation (EU) 2018/327 of 5 March 2018 concerning the authorisation of a preparation of endo-1,4-beta-xylanase (EC 3.2.1.8) produced by Trichoderma citrinoviride Bisset (IMI SD135) as a feed additive for carp (holder of authorisation Huvepharma NV)
Commission Implementing Regulation (EU) 2018/328 of 5 March 2018 concerning the authorisation of the preparation of Bacillus subtilis DSM 29784 as a feed additive for chickens for fattening and chickens reared for laying (holder of authorisation Adisseo France SAS)
Commission Implementing Regulation (EU) 2018/337 of 5 March 2018 amending Implementing Regulation (EU) 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable
Commission Implementing Regulation (EU) 2018/338 of 7 March 2018 concerning the authorisation of a preparation of 6-phytase, produced by Aspergillus niger (DSM 25770) as feed additive for chickens for fattening, chickens reared for laying, pigs for fattening, sows, minor porcine species for fattening or for reproduction, turkeys for fattening, turkeys reared for breeding, all other avian species (excluding laying birds) and weaned piglets (holder of the authorisation BASF SE)
Commission Implementing Regulation (EU) 2018/339 of 7 March 2018 amending and derogating from Regulation (EC) No 2535/2001 as regards the import licences for dairy products originating in Iceland
Commission Implementing Decision (EU) 2018/342 of 7 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2018) 1509)
Council Decision (EU) 2018/343 of 5 March 2018 concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil
Commission Implementing Regulation (EU) 2018/346 of 5 March 2018 concerning the authorisation of a preparation of Lactobacillus buchneri NRRL B-50733 as a feed additive for all animal species
Commission Implementing Regulation (EU) 2018/347 of 5 March 2018 concerning the authorisation of the preparation of Saccharomyces cerevisiae CNCM I1079 as a feed additive for piglets and sows and amending Regulations (EC) No 1847/2003 and (EC) No 2036/2005 (holder of authorisation Danstar Ferment AG represented by Lallemand SAS)
Commission Implementing Regulation (EU) 2018/348 of 8 March 2018 on a temporary derogation from the rules of preferential origin laid down in Delegated Regulation (EU) 2015/2446 in respect of bicycles and other cycles produced in Cambodia regarding the use, under cumulation, of parts originating in Malaysia
Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Publication of references of European Assessment Documents in accordance with Article 22 of Regulation (EU) No
Commission communication in the framework of the implementation of the Directive 2006/42/EC of the European Parliament and of the Council on machinery, and amending Directive 95/16/EC (Publication of titles and references of
International Trade Compliance Update | April 2018
harmonised standards under Union harmonisation legislation)Text with EEA relevance. [2018/C 092/01]
Commission communication in the framework of the implementation of Directive 2014/34/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (Publication of titles and references of harmonised standards under Union harmonisation legislation)Text with EEA relevance. [2018/C 092/02]
Commission communication in the framework of the implementation of Commission Regulation (EU) No 206/2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for air conditioners and comfort fans and of Commission Delegated Regulation (EU) No 626/2011 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of air conditioners (Publication of titles and references of harmonised standards under Union harmonisation legislation)Text with EEA relevance. [2018/C 092/03]
Commission communication in the framework of the implementation of Regulation (EC) No 765/2008 of the European Parliament and of the Council, Decision No 768/2008/EC of the European Parliament and of the Council and Regulation (EC) No 1221/2009 of the European Parliament and of the Council (Publication of titles and references of harmonised standards under Union harmonisation legislation)Text with EEA relevance. [2018/C 092/04]
Commission communication in the framework of the implementation of Directive 1999/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity and Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation)Text with EEA relevance. [2018/C 092/05]
Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Publication of titles and references of harmonised standards under Union harmonisation legislation) The provisions of Regulation (EU) No 305/2011 prevail over any conflicting provisions in the harmonised standards Text with EEA relevance. [2018/C 092/06]
Information relating to the entry into force of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020
Commission Implementing Regulation (EU) 2018/353 of 9 March 2018 correcting Implementing Regulation (EU) 2017/1145 on the withdrawal from the market of certain feed additives authorised pursuant to Council Directives 70/524/EEC and 82/471/EEC and repealing the obsolete provisions authorising those feed additives (Text with EEA relevance. )
Update of reference amounts for the crossing of the external borders, as referred to in Article 6(4) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) [2018/C 93/04
Council Decision (EU) 2018/385 of 16 October 2017 on the signing, on behalf of the Union and of the Member States, and provisional application of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member
International Trade Compliance Update | April 2018
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States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Council Decision (Euratom) 2018/386 of 16 October 2017 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Commission Implementing Regulation (EU) 2018/396 of 13 March 2018 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Council Decision (EU) 2018/398 of 12 June 2017 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Iceland on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020
Agreement between the European Union and Iceland on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020
Decision No 2/2017 of the Committee established under the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment of 22 December 2017 on the amendment of Chapter 2 on Personal protective equipment, Chapter 4 on medical devices, Chapter 5 on gas appliances and boilers and Chapter 19 on Cableway installations [2018/403]
Decisions of the EEA Joint Committee No. 134/2016 to No. 163/2016 [except No. 155/2016 which was withdrawn]
Common Military List of the European Union [2018/C 98/01]
Council Decision (EU) 2018/404 of 13 March 2018 on the signing, on behalf of the Union, of the Agreement between the European Union and the Swiss Confederation on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020
The EU list of non-cooperative jurisdictions for tax purposes -- Report by the Code of Conduct Group (Business taxation) suggesting the de-listing of certain jurisdictions [2018/C 100/06]
The EU list of non-cooperative jurisdictions for tax purposes -- Changes due to commitments received from jurisdictions affected by hurricanes -- Adoption [2018/C 100/07]
Update of the list of residence permits referred to in Article 2(16) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) [2018/C 100/12]
Council Decision (EU) 2018/416 of 5 March 2018 authorising the opening of negotiations for a revised Lisbon Agreement on Appellations of Origin and Geographical Indications
Commission Implementing Decision (EU) 2018/418 of 16 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2018) 1700)
Commission Implementing Decision (EU) 2018/419 of 16 March 2018 concerning certain protective measures relating to African swine fever in Romania (notified under document C(2018) 1707)
Commission Implementing Regulation (EU) 2018/456 of 19 March 2018 on the procedural steps of the consultation process for determination of novel food status in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods
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Notice concerning the entry into force of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part
Commission Implementing Regulation (EU) 2018/460 of 20 March 2018 authorising the placing on the market of Ecklonia cava phlorotannins as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470
Commission Implementing Regulation (EU) 2018/461 of 20 March 2018 authorising an extension of use of taxifolin-rich extract as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470
Commission Implementing Regulation (EU) 2018/462 of 20 March 2018 authorising an extension of use of L-ergothioneine as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470
Commission Recommendation (EU) 2018/464 of 19 March 2018 on the monitoring of metals and iodine in seaweed, halophytes and products based on seaweed
Council Decision (EU) 2018/467 of 25 September 2017 on the signing, on behalf of the Union, and provisional application of the Agreement for scientific and technological cooperation between the European Union and the Republic of Lebanon setting out the terms and conditions for the participation of the Republic of Lebanon in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)
Agreement for scientific and technological cooperation between the European Union and the Republic of Lebanon setting out the terms and conditions for the participation of the Republic of Lebanon in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA)
Commission Implementing Regulation (EU) 2018/469 of 21 March 2018 authorising the placing on the market of an extract of three herbal roots (Cynanchum wilfordii Hemsley, Phlomis umbrosa Turcz. and Angelica gigas Nakai) as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) 2017/2470
Commission Implementing Regulation (EU) 2018/470 of 21 March 2018 on detailed rules on the maximum residue limit to be considered for control purposes for foodstuffs derived from animals which have been treated in the EU under Article 11 of Directive 2001/82/EC
Commission Implementing Decision (EU) 2018/478 of 20 March 2018 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (noti-
Decisions of the EEA Joint Committee No 164/2016 through No 197/2016 of 23 September 2016
Commission Implementing Directive (EU) 2018/484 of 21 March 2018 amending Directive 93/49/EEC as regards requirements to be fulfilled by the propagating material of certain genera or species of Palmae in respect of Rhynchophorus ferrugineus (Olivier)
Commission Implementing Decision (EU) 2018/489 of 21 March 2018 amending Decision (EU) 2017/675 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria and Tunisia (notified under document C(2018) 1604)
Commission Implementing Decision (EU) 2018/490 of 21 March 2018 repealing Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)
Commission Implementing Decision (EU) 2018/491 of 21 March 2018 on the compliance of the joint proposal submitted by the Member States concerned for
International Trade Compliance Update | April 2018
the extension of the North Sea Mediterranean rail freight corridor with Article 5 of Regulation (EU) No 913/2010 of the European Parliament and of the Council (notified under document C(2018) 1634)
Corrigendum to Directive (EU) 2015/412 of the European Parliament and of the Council of 11 March 2015 amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory ( OJ L 68, 13.3.2015 )
Commission Implementing Regulation (EU) 2018/507 of 26 March 2018 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Commission Implementing Decision (EU) 2018/510 of 26 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2018) 1942)
Commission communication in the framework of the implementation of the Council Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2018/C 113/03]
Commission communication in the framework of the implementation of Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective equipment and repealing Council Directive 89/686/EEC (Publication of titles and references of harmonised standards under Union harmonisation
Commission Implementing Decision (EU) 2018/518 of 26 March 2018 laying down the animal health and veterinary certification conditions for the re-entry of registered horses for competition after temporary export to Indonesia, amending Annex I to Decision 93/195/EEC as regards the entry for Indonesia and amending Annex I to Decision 2004/211/EC as regards the entry for Indonesia in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (notified under document C(2018) 1725)
Commission Implementing Regulation (EU) 2018/503 of 7 March 2018 amending Regulation (EC) No 684/2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty
Commission Implementing Regulation (EU) 2018/504 of 7 March 2018 amending Implementing Regulation (EU) No 612/2013 on the operation of the register of economic operators and tax warehouses, related statistics and reporting pursuant to Council Regulation (EU) No 389/2012 on administrative cooperation in the field of excise duties
Commission Implementing Regulation (EU) 2018/505 of 7 March 2018 amending Implementing Regulation (EU) 2016/323 laying down detailed rules on cooperation and exchange of information between Member States regarding goods under excise duty suspension pursuant to Council Regulation (EU) No 389/2012
Notification pursuant to Article 114, paragraph 4 of the Treaty on the Functioning of the European Union -- Authorisation to maintain national measures which are more stringent than provisions of an EU harmonisation measure [2018/C 114/06]
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 February 2018 to 28 February 2018(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the Euro-
pean Parliament and of the Council) [2018/C 115/01]
Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 February 2018 to 28 February 2018(Decisions taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive
International Trade Compliance Update | April 2018
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established, amended or corrected:
Council Implementing Decision (CFSP) 2018/331 of 5 March 2018 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
Council Implementing Decision (CFSP) 2018/331 of 5 March 2018 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
Council Implementing Regulation (EU) 2018/324 of 5 March 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea
Council Implementing Decision (CFSP) 2018/332 of 5 March 2018 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
Council Implementing Regulation (EU) 2018/325 of 5 March 2018 implementing Article 17(3) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Commission Implementing Regulation (EU) 2018/349 of 8 March 2018 amending for the 282nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
Council Decision (CFSP) 2018/391 of 12 March 2018 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
Council Regulation (EU) 2018/387 of 12 March 2018 amending Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic
Council Decision (CFSP) 2018/392 of 12 March 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Implementing Regulation (EU) 2018/388 of 12 March 2018 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Implementing Regulation (EU) 2018/413 of 16 March 2018 implementing Article 12 of Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia
Council Implementing Decision (CFSP) 2018/417 of 16 March 2018 implementing Decision 2010/231/CFSP concerning restrictive measures against Somalia
Council Implementing Regulation (EU) 2018/420 of 19 March 2018 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Council Implementing Decision (CFSP) 2018/421 of 19 March 2018 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
Council Decision (CFSP) 2018/458 of 19 March 2018 repealing Common Position 97/193/CFSP on restrictive measures aimed at persons having perpetrated
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violent acts during the incidents in Mostar on 10 February 1997
Council Decision (CFSP) 2018/459 of 19 March 2018 amending Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina
Council Implementing Regulation (EU) 2018/465 of 21 March 2018 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
Council Decision (CFSP) 2018/466 of 21 March 2018 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
Council Implementing Regulation (EU) 2018/468 of 21 March 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2017/1420
Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426
Council Decision (CFSP) 2018/476 of 21 March 2018 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya
Council Implementing Regulation (EU) 2018/512 of 27 March 2018 implementing Article 15(3) of Regulation (EU) No 747/2014 concerning restrictive measures in view of the situation in Sudan
Council Implementing Decision (CFSP) 2018/516 of 27 March 2018 implementing Decision 2014/450/CFSP concerning restrictive measures in view of the situation in Sudan
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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Law No. 2018-150 of 2 March 2018 authorizing the ratification of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part
Order of 20 February 2018 made in application of the provisions of Article 265f of the Customs Code
Order of 20 February 2018 made in application of the provisions of Article 265g of the Customs Code
Economy & Finance: Decree of 2 February 2018 on the creation of an automated processing of personal data for the notification of import or export of fruits and vegetables
Agriculture: Notice to importers concerning the introduction into the metropolitan territory of invasive alien animal or plant species from third countries
Armed Forces: Order of 20 March 2018 amending the Order of 27 June 2012 on the list of military equipment and similar materials subject to prior export authorization and related defense products subject to prior authorization for transfer
Interior: Decree No. 2018-218 of 30 March 2018 adopted for the application of
International Trade Compliance Update | April 2018
Article 15-4 of the Code of Criminal Procedure and Article 55 bis of the Customs Code Interior: Decree No. 2018-219 of 30 March 2018 defining the line managers who may issue the authorizations referred to in Article 15-4 of the Code of Criminal Procedure and Article 55a of the Customs Code Order of 30 March 2018 establishing a treatment allowing the identification of customs agents in the pleadings, called "IDdouane"
The following notices were posted by Directorate General of Customs and Indirect Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices - Import-export related measures, below) :
2018/14-Notice to Importers of Certain Stainless Steel Seamless Pipes from the People's Republic of China
2018/15-Notice to importers of bicycles and other cycles manufactured in Cambodia with the use of parts originating in Malaysia
2018/16-Notice to Importers of Crystalline Silicon Photovoltaic Modules and Their
Essential Components from the People's Republic of China
2018/17-Notice to importers of certain aluminum foil in rolls originating in the People's Republic of China
2018/18-Notice to Importers of Certain Organic Coated Steel Products Originating
in the People's Republic of China
2018/19 - Notice to importers of peroxosulphates from China
2018/20 - Notice to Importers of Iron and Steel Products BOD 7228: 18-018 Duties and taxes applicable to energy products as of April
Dutch publish guide on establishing ICP for export controls
The Dutch Government has prepared a Guidelines for drawing up an Internal Compliance Programme for Strategic and Anti-Torture Goods, Technology and Sanctions. The document (available only in Dutch), which is intended for exporters of strategic and sanction goods, is a guide for companies drawn up by the Ministry of Foreign Affairs in close cooperation with the Central Import and Export Service of Customs (CDIU). It offers a guide to the implementation of an Internal Compliance Programme (ICP) for establish responsibility for compliance with the various laws and regulations governing the export of strategic and sanctioned goods.
This can be a useful tool for exporters of strategic technology. Dutch export control policy is based on international agreements and obligations have been implemented at national level on the basis of European legislation and regulations. The Netherlands have signed several treaties and adheres to international export control regimes, which have set the goal of distributing certain `sensitive' goods worldwide regulate. The countries affiliated with these regimes make agreements about the export control policy, and checklists are drawn up. Sensitive goods include both dual-use (available here in English) and military goods (available here in English). Responsibility for responsible export control lies with both the business community and the industry competent authorities. The supervision of the export control of strategic goods is
International Trade Compliance Update | April 2018
vested in the Dutch government. Detailed information about this can be found in the Handbook on Strategic Goods and Services. An important tool in shaping responsible export is an ICP.
Switzerland adopts measures against Venezuela
On 28 March 2018, the Federal Council adopted restrictive measures against Venezuela. The measures adopted by the Federal Council include an arms and repressive goods embargo and financial and travel sanctions against Venezuela. It bans the sale, supply, export and transit to Venezuela of arms and goods which can be used for internal repression. A similar ban also applies to equipment, technology and software that can be used to monitor and intercept internet and telephone communications. Furthermore, assets have been frozen and entry and transit bans have been issued for listed natural persons, companies and organisations. These measures are currently directed against seven Venezuelan ministers and high-ranking officials. Assets frozen under the measures must be reported to SECO without delay.
By adopting the Ordinance of 28 March 2018, Switzerland is aligning itself with the EU sanctions against Venezuela. The measures described will enter into force at 6pm on 28 March.
For additional information, please contact Philippe Reich.
QuickZoll: Customs clearance via smartphone
On 27 March 2018, the Federal Customs Administration (FCA) announced that it will enable customs clearance via smartphone from Easter onwards. This is one of the initial results of the DaziT transformation programme. According to the FCA, DaziT will systematically simplify and digitise FCA services for private individuals and companies by the end of 2026. Even for business DaziT is providing initial results: companies can now digitally submit accompanying documents for customs declarations. The announcement said:
Today private individuals declare their purchases abroad, holiday souvenirs and gifts for customs clearance verbally or in writing when crossing the border. This procedure is administratively complex and no longer timely. With the QuickZoll app, travellers will be able to declare their goods independently, digitally and regardless of location from Easter 2018 onwards. The first version of the application is limited to standard customs clearances, more complex cases should still be handled at the counter of manned border crossings. QuickZoll is available for the iOS and Android operating systems and can now be downloaded free of charge.
Initial results are also available for corporate clients. The enclosures to the customs declaration, previously only submitted in paper form, can now be transmitted digitally. The "e-accompanying document" application was developed in close cooperation with businesses and is currently being tested with pilot businesses and customs offices. The elimination of media disruptions leads to time and cost savings.
Even internally in the FCA, DaziT is showing initial results. In the coming months, two existing Border Guard applications will be ported to smartphones to better support mobile use. This will make controls more targeted and effective.
All solutions will be further developed and improved as the DaziT programme unfolds on the basis of customer feedback.
International Trade Compliance Update | April 2018
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DFI Ordinance on Schedules of Narcotic Drugs, Psychotropic Substances, Precursors and Chemical Additives (Ordinance on Narcotic Drugs, OTStup-DFI) (RS 812.121.11)
Federal Decree approving the 2014 Protocol to Convention 29 on forced or compulsory labor
Protocol of 2014 to the Forced Labor Convention, 1930 (RS 0.822.713.91)
FSVO Ordinance instituting measures to prevent the introduction in Switzerland of avian influenza in some Member States of the European Union (RS 916.443.102.1)
Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106)
DETEC Ordinance implementing the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (RS 747.224.141)
Framework Agreement of 20 December 2007 between the Swiss Federal Council and the Government of the Republic of Hungary on the implementation of the Swiss-Hungarian Cooperation Program to reduce economic and social disparities in the enlarged European Union (RS 0.973.241.81)
FSVO Order instituting measures to prevent the introduction in Switzerland of avian influenza in certain Member States of the European Union (RS 916.443.102.1)
Ordinance of the DFI on the control of the movement of protected fauna and flora species (Ordinance on CITES controls) (RS 453.1)
Ordinance of the FBLO on the designation of European implementing acts and delegated acts concerning construction products (RS 933.011.3)
Protocol Amending the Free Trade Agreement between the EFTA States and the Republic of Albania (RS 0.632.311.231)
FSVO Order instituting measures to prevent the introduction in Switzerland of avian influenza in certain Member States of the European Union (RS 916.443.102.1)
FSVO Order instituting measures to prevent the introduction into Switzerland of African swine fever present in certain Member States of the European Union (RS 916.443.107)
FSVO Order instituting measures to prevent the introduction into Switzerland of African swine fever present in certain Member States of the European Union (RS 916.443.107)
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Amendment to the Ordinance of 2 October 2000 instituting measures against persons and entities related to Osama bin Laden, the "Al Qaeda" group or the Taliban (RS 946.203) [with effect from 06-03-2017]
Amendment to the Ordinance of 8 June 2012 on measures against Syria (RS 946.231.172.7) [with entry into force on 07-03-2018 at 18.00]
Amendment to the Ordinance of 13 May 2009 instituting measures against Somalia (RS 946.231.169.4) [with entry info force on 08-03-18]
Amendment to the Ordinance of 25 May 2005 instituting measures against Sudan (RS 946.231.18) [with entry into force on 14-03-18]
Amendment to the Ordinance of 27 August 2014 instituting measures to prevent the circumvention of international sanctions in relation to the situation in Ukraine (RS 946.231.176.72) [entered into force 21-03-18]
Amendment to the Ordinance of 8 June 2012 instituting measures against Syria (RS 946.231.172.7) [entered into force 27-03-18]
Order instituting measures against the Republic of South Sudan (RS 946.231.169.9)
Ordinance instituting measures against Venezuela ( RS 946.231.178.5)
International Trade Compliance Update | April 2018
UK will be able to negotiate trade agreements before exit from EU with effective date after implementation period.
On 19 March 2018, David Davis, Secretary of State for Exiting the EU stated as part of his summary on the Brexit negotiations that agreement has been reached so that UK will be "able to step out, sign and ratify new trade deals with old friends -- and new allies -- around the globe for the first time in more than 40 years. These will come into force when the implementation period is over."
For other provisions agreed to by negotiators, please see the annotated Draft Agreement.
UK issues guidance for seeking duty suspensions and tariff quotas
On 14 March 2018, the UK Department for International Trade posted updated guidance related to temporary duty suspensions and tariff quotas for importing raw materials, components and semi-finished products into the European Community. The guidance is reproduced below:
The European Union (EU) temporary duty suspensions and tariff quotas regime allows the duty free importation into the EU of raw materials, components and semifinished products which cannot be supplied (or supplied in sufficient quantities) from EU or Turkish manufacturers and are used in a process to make another product.
Suspensions allow unlimited quantities to be imported into the EU whereas quotas allow limited quantities to be imported. This regime cannot be used simply to import for resale.
Once granted, a suspension or quota can be used by any business in the EU - it is not specific to the company which applied. If your product is covered by an existing suspension or quota, you do not need to make a new request.
View the latest list of applications for duty suspensions and tariff quotas.
You can make an application if you are:
an EU manufacturing user of the component in question
a distributor applying on behalf of EU manufacturing customers
EU company subsidiaries outside of the EU or Turkey
an agent (lawyer, accountant or consultant) representing one of the above note that applications from agents must also include the name of the EU user to be considered and proof of their agreement to act on behalf of a manufacturer
You can apply for a duty suspension or tariff quota if all of the following apply to you:
the component you are importing cannot be sourced - or supplied in sufficient quantity - from within the EU or Turkey
the component you are importing is to be further processed in an EU factory
the level of import duty saving is at least 15,000 per year
Apply for duty suspension and tariff quota
International Trade Compliance Update | April 2018
Complete the Request for tariff suspension application form (MS Word Document, 86.5KB) . Use the guidance notes (MS Word Document, 103KB) to help you complete the form.
Email your completed form to [email protected]
UK requests deadline EU requests deadline 1st EU meeting to discuss requests 2nd EU meeting to discuss requests 3rd EU meeting to discuss requests Entry into force of requested tariff suspensions or quotas
1st application period 22 February 15 March May June July
2nd application period 24 August 15 September November December January
You can submit a request to increase the volume of an existing tariff quota at any time.
The Department for International Trade (DIT) will submit your application to the European Commission. The list is sent to trade associations to check if there is any EU manufacturing of the components for which a duty suspension has been requested. The name of the applicant is not made public nor is any of the information on an application other than the tariff code and description requested.
Requests are discussed at 3 working group meetings in Brussels (Economic Tariff Questions Group ETQG). We will contact you if we require further information about your request, or if an objection is made.
Successful requests are valid for 5 years, after which time they are reviewed and may be renewed for a further 5 years.
If you make these components already
If you manufacture goods in the EU for which a duty suspension or quota is being requested or is currently in force, you can have it stopped by submitting a suspension objection form (MS Word Document, 38.9KB) .
You will have to prove that you currently make the goods in the EU (for example by making a sales offer to the applicant company). Price is not a consideration when oppositions are considered. Discussions between you and the applicant company should also take place to see if any compromise is possible. You will have to provide a sample to the applicant to prove your product can be replaced.
If you receive an objection to your request, you must contact the objecting company to discuss a compromise solution, as unless their objection is withdrawn your request will not be granted. The deadline for objections to new requests is by the second EU meeting. The deadline for objections to current measures is by the first EU meeting.
The current tariff quota regulations are Council Regulation (EU) 2016/2389, Council Regulation (EC) 2017/1133 and Council Regulation (EU) 2017/2466.
The current duty suspension regulations are Council Regulation (EU) 2016/2390, Council Regulation (EC) 2017/1134 and Council Regulation (EU) 2017/2467.
European Commission Review for Duty Suspensions
The European Commission has published the list of duty suspensions expiring on 31 December 2018. It has listed suspensions for goods which are being automatically
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renewed, and those for which a review will be necessary. View the European Commission Review for Duty Suspensions list of goods (MS Excel Spreadsheet, 96.5KB) .
You can submit a request for renewal of a tariff suspension (MS Word Document, 57KB) . Return the completed form to [email protected] at the Department for International Trade. The final date for submissions is 10 April 2018.
Contact [email protected] if you have any enquiries regarding the review, list of goods or requests for renewal of tariff suspensions.
Third country fulfilment business provisions go into effect
On 8 March 2018, SI 2018/326 - The Fulfilment Businesses Regulations 2018 were published. SI 2018/298, The Finance (No. 2) Act 2017, Part 3 (Appointed Days) Regulations 2018 provides that these provisions, so far as not already brought into force by section 59(1)(a) of the Finance (No. 2) Act 2017, Part 3 come into force on 1st April 2019, except for Section 56. Section 56 amends section 13A(2) (customs and excise reviews and appeals relevant decisions) of, and Schedule 5 (decisions subject to review and appeal) to, the Finance Act 1994 (c. 9) and comes into force on 1 April 2018. The Explanatory Note accompanying the Regulations states:
Section 49(1) of the Finance (No. 2) Act 2017 provides that a person may not carry on a third country goods fulfilment business otherwise than in accordance with an approval given by the Commissioners for Her Majesty's Revenue and Customs ("the Commissioners"). A person carries on a third country goods fulfilment business if they meet the test set out in section 48 of the Finance (No. 2) Act 2017.
The Regulations are in five Parts.
Part 1 of the Regulations contains introductory provisions, including provisions relating to communications with the Commissioners.
Part 2 of the Regulations deals with the approval process, including how and when to make an application for approval (regulation 4) and how the Commissioners will respond to an application (regulation 6). Part 2 also covers the procedure for variation and revocation of an approval.
Part 3 of the Regulations imposes obligations on approved persons.
The obligations imposed are that an approved person must:
not start a new third country goods fulfilment business with a person, or continue an existing third country goods fulfilment business with a customer, if the approved person knows or has reasonable grounds to suspect is not meeting a VAT or customs duty obligation; the approved person must also notify the Commissioners when they become aware or suspect that a customer is not meeting those obligations (regulation 8),
give notice to all third country customers (regulation 9),
conduct due diligence checks on third country customers and maintain records of those checks (regulation 10),
verify a third country customer's VAT registration number or VAT exemption reference number and notify the Commissioners of discrepancies (regulation 11),
notify the Commissioners of changes in registered details (regulation 12), and
tell the Commissioners when they cease to carry on a third country goods fulfilment business (regulation 13).
International Trade Compliance Update | April 2018
Part 4 of the Regulations is concerned with penalties for making late applications for approval and failing to comply with any condition or restriction to which an approval is subject and the obligations imposed under Part 3.
Part 5 of the Regulations revokes the Fulfilment Businesses (Approval Scheme) Regulations 2018.
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SI 2018/266 - The Taxation (International and Other Provisions) Act 2010 Transfer Pricing Guidelines Designation Order 2018
SI 2018/298 - The Finance (No. 2) Act 2017, Part 3 (Appointed Days) Regulations 2018 (Prohibits third country goods fulfilment business without HMRC approval)
SI 2018/286 - The Plant Health (Export Certification) (England) (Amendment) Order 2018
SI 2018/275 - The Condensed Milk and Dried Milk (Wales) Regulations 2018 / Rheoliadau Llaeth Cyddwys a Llaeth Sych (Cymru) 2018
SI 2018/274 - The Jam and Similar Products (Wales) Regulations 2018 / Rheoliadau Cynhyrchion Jam a Chynhyrchion Tebyg (Cymru) 2018
SI 2018/299 - The Fulfilment Businesses (Approval Scheme) Regulations 2018 [Revoked by SI 2018/326]
SI 2018/326 - The Fulfilment Businesses Regulations 2018
SI 2018/369 - The Waste Enforcement (England and Wales) Regulations 2018
SI 2018/390 - The Personal Protective Equipment (Enforcement) Regulations 2018
SI 2018/389 - The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
SSI 2018/112 - The Plant Health (Scotland) Amendment Order 2018
The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:
02-03-18 05-03-18 19-03-18 20-03-18 21-03-18
22-03-18 23-03-18 28-03-18 29-03-18
Tariff Notice 7 (2018): mechanical appliance (manual spreader) Terminating the investigation of hand pallet trucks consigned from Vietnam (AntiDumping Duty 2264) Certain seamless pipes and tubes of stainless steel imported from China (AntiDumping Duty 2265) Tariff Notice 8 (2018): masterbatch in the form of thermoplastic pellets Tariff Quota Notice 202 (2017): new tariff quotas for agricultural and industrial products Tariff Notice 9 (2018): classification of preparations of a kind used in animal feeding Tariff Notice 10 (2018): mobile phone cases Tariff Notice 6 (2018): video camera recorders for drones Tariff Stop Press Notice 10 (2018): changes to commodity codes in chapter 73 Tariff Notice 11 (2018): fermented beverages UK Trade Tariff: customs procedure codes UK Trade Tariff: document, certificate and authorisation codes
The New Computerised Transit System: supporting guidance
International Trade Compliance Update | April 2018
05-03-18 08-03-18 13-03-18
16-03-18 27-03-18 28-03-18
Notice 3001: customs special procedures for the Union Customs Code Notice 102: General Guarantee Accounts Excise Notice 477: tobacco products duty - duty not to facilitate smuggling Apply for an Authorised Economic Operator (AEO) certificate (C117) The Fulfilment Businesses Regulations 2018 Application for transit and other simplifications: Union/Common transit, Customs status and TIR (C1343) VAT Notes 2018 Issue 1 Draft legislation: The Value Added Tax (Amendment) Regulations 2018 Transit Manual Supplement Notice 34: intellectual property rights
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:
Notice to exporters 2018/03: updates to controls on `information security' products using cryptography Notice to exporters 2018/04: Export Control Order 2008 amended and 4 OGELs Notice to exporters 2018/05: consolidated list updated
Notice to exporters 2018/06: European Commission survey on `specially designed for military use'
The following import, export or antibribery measures were published in the online editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
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S.I. No. 47 of 2018 European Union (Non-Automatic Weighing Instruments) Regulations 2018 S.I. No. 82 of 2018 European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2018 S.I. No. 85 of 2018 European Communities (Official Controls on the Import of Food of Non-Animal Origin for Pesticide Residues) (Amendment) Regulations 2018 S.I. No. 86 of 2018 European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No.3) Regulations 2018 S.I. No. 96 of 2018 Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018
LGBI 2018.029 Protocol amending the Free Trade Agreement between the EFTA States and the Republic of Albania (LR 0.632.311.251) LGBI 2018.054 Ordinance of 13 March 2018 amending the Narcotic Regulation (LR 812.120.1)
International Trade Compliance Update | April 2018
26-03-18 29-03-18 02-03-18 02-03-18 19-03-18 22-03-18 23-03-18 27-03-18
LGBI 2018.055 Agreement between the Government of the Principality of Liechtenstein and the Government of the United States of America on strengthening cooperation in preventing and combating serious crime (LR 0.369.131.1) LGBI 2018.060 Free trade agreement between the EFTA States and Georgia (LR 0.632.311.721)
Mem. A154: Law of 22 February 2018 on the exchange of personal data and information on police matters and on: 1) transposition of Council Framework Decision 2006/960 / JHA of 18 December 2006 on simplification the exchange of information and intelligence between the law enforcement authorities of the Member States of the European Union; 2) Implementation of certain provisions of Council Decision 2008/615 / JHA of 23 June 2008 on the deepening of cross-border cooperation, in particular with a view to combating terrorism and cross-border crime. Mem. A187 Law of 13 March 2018 approving the Cooperation Agreement on Partnership and Development between the European Union and its Member States, of the one part, and the Islamic Republic of Afghanistan, of the other part, done at Munich, February 18, 2017 Mem. A202: Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg. Mem. A203: Implementation of new European standards in the electrotechnical field applicable to the Grand Duchy of Luxembourg. Mem. A204: Implementation of new European telecommunications standards applicable in the Grand Duchy of Luxembourg. Mem. A212: Global Framework Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, signed at Phnom Penh, on 11 July 2012 - Entry into force and list of related states.
Mem. A215: Grand-Ducal Regulation of 23 March 2018 amending the amended Grand-Ducal Regulation of 18 December 1992 concerning the special scheme for the collection of value added tax on deliveries, intraCommunity acquisitions and imports of manufactured tobacco.
Mem A228 Benelux Convention on Transfrontier and Interterritorial Cooperation, done at The Hague on 20 February 2014 - Entry into force between the Grand Duchy of Luxembourg and the Kingdom of Belgium.
71 of 2018 EC Type-Approval of Motor Vehicles and their Trailers Regulations (Amendment), 2018 - Government Gazette of Malta No. 19,956 02.03.2018
FOR-2018-03-01-289 Ministry of Justice and Emergency Affairs Regulations concerning change in the regulations regarding aerosol dispensers FOR-2018-03-15-356 Ministry of Agriculture and Food Regulations on special safeguard measures against the soup Batachrochytrium salamandrivorians in connection with the import and export of salamanders FOR-2018-03-20-387 Ministry of Agriculture and Food Regulations amending the Regulation on the Establishment of Reduced Customs Tariffs on Imports of Industrial Processed Agricultural Products FOR-2018-03-23-450 Ministry of Agriculture and Food Regulations amending the regulation on administrative tariff reductions for agricultural products FOR-2018-03-23-505 Ministry of Climate and Environment Regulations amending the Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals (REACH Regulation) FOR-2018-03-23-506 Ministry of Labor and Social Affairs, Ministry of Climate and Environment Regulations concerning change in biocidal regulation (Biocidal Regulations)
International Trade Compliance Update | April 2018
28-03-18 01-03-18 06-03-18 07-03-18
16-03-18 20-03-18 29-03-18 30-03-18
FOR-2018-03-24-507 Ministry of Health and Care Services Regulations on changes in regulations regarding materials and articles in contact with foodstuffs (food contact regulations)
FOR-2018-03-26-508 Ministry of Food and Fisheries, Ministry of Agriculture and Food Regulations for changes to the ecological regulation (Regulation (EU) 2017/1473, Regulation (EU) 2017/1862 and Section 12)
FOR-2018-03-26-509 Ministry of Agriculture and Food, Ministry of Health and Care Services Regulations amending the Regulations on Special Health Rules for Foodstuffs of Animal Origin (Animal Health Regulations)
FOR-2018-03-26-510 Ministry of Agriculture and Food, Ministry of Health and Care Services Regulations amending the regulation on public control of compliance with regulations on feed, food and animal welfare
FOR-2018-03-26-511 Ministry of Health and Care Services Regulations amending the regulation on pesticide residues in food and feed
FOR-2018-03-27-515 Ministry of Health and Care Services, Ministry of Food and Fisheries, Ministry of Agriculture and Food Regulations amending the Regulation on additives for use in feedstuffs
453 Regulation of the Minister of Finance of February 22, 2018 amending the ordinance on customs and tax offices and subordinate customs offices in which operations are carried out under customs legislation depending on the type of goods or customs procedures with which goods may be covered
462 Regulation of the Minister of Finance of February 27, 2018 on periodic appraisals and official opinions of officers of the Customs and Tax Service
484 Announcement of the Speaker of the Sejm of the Republic of Poland of February 9, 2018 regarding the publication of a uniform text of the Act on the exchange of information with the law enforcement authorities of the Member States of the European Union
495 Decree of the Minister of Finance of 22 February 2018 on the publication of a uniform text of the Regulation of the Minister of Finance on the introduction into and out of the customs territory of the European Union and the customs procedure and re-export of military units and units of the Interior Ministry
521 Decree of the Minister of Finance of February 22, 2018 regarding the publication of a uniform text of the Minister of Finance's ordinance on specifying a model: a sign informing travelers about the possibility of buying goods and services from the point of sale, and a stamp confirming the export of goods outside territory of the European Union, as well as defining the necessary data, which should include the document being the basis for a tax refund for travelers
527 Announcement of the Prime Minister of February 9, 2018 regarding the publication of a uniform text of the regulation of the Council of Ministers regarding the Pomeranian special economic zone
566 Announcement of the Minister of Infrastructure of March 6, 2018 regarding the publication of a uniform text of the regulation of the Minister of Transport, Construction and Maritime Economy on the detailed conditions of international flights with dangerous materials
579 Regulation of the Minister of Finance of March 6, 2018 amending the regulation on the place of providing services and reimbursement of the amount of tax charged to an entity purchasing (importing) goods or services
634 Regulation of the Minister of Finance of March 27, 2018 on the transfer of Police officers, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau or Border Guard to serve in the Customs and Tax Service
637 Regulation of the Council of Ministers of March 23, 2018 on the equivalence of police degrees, Internal Security Agency, Foreign Intelligence Agency, Military Intelligence Service, Military Counterintelligence Service and Border Guard with service levels in the Customs and Tax Service
641 Regulation of the Minister of Finance of 28 March 2018 on conducting
International Trade Compliance Update | April 2018
05-03-18 07-03-18 17-03-18 27-03-18
psychophysiological examination, physical fitness test and psychological examination of officers of the Customs and Treasury Service
Foreign Affairs: Amendments to the Agreement on International Transport of Perishable Goods and Special Vehicles Used in those Transports (ATP), adopted in Geneva on October 9, 2015. (BOE-A-2018-3040) Presidency: Order PRA / 223/2018, of March 6, which enables the LogrooAgoncillo Airport as a border crossing. (BOE-A-2018-3173)
Hacienda: Resolution of March 14, 2018, of the Undersecretariat, which modifies the one of July 11, 2017 by which the Coordination Group of the Special State Delegates in the Free Trade Zone Consortiums is created, and its composition, functions and operating regime. (BOE-A-2018-3793) Presidency: Royal Decree 130/2018, of March 16, which modifies Royal Decree 1487/2009, of September 26, relating to food supplements. (BOE-A-2018-4245)
Agriculture and Fisheries: Order APM / 330/2018, of March 26, which modifies Annex IV of Royal Decree 58/2005, of January 21, which adopts protection measures against the introduction and dissemination in the national territory and of the European Community of organisms harmful to plants or plant products, as well as for export and transit to third countries. (BOE-A-2018-4413)
Restrictive measures established, amended, corrected
The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.
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S.I. No. 49 of 2018 European Union (Restrictive Measures concerning Iraq) Regulations 2018 S.I. No. 51 of 2018 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 2018 S.I. No. 52 of 2018 European Union (Restrictive Measures concerning Libya) Regulations 2018
LGBI 2018.035 Ordinance of 27 February 2018 amending the Regulation on measures against the Democratic Republic of the Congo (LR 946.222.5) LGBI 2018.038 Order of 6 March 2018 amending the Regulation on measures against Syria (LR 946.223.8) LGBI 2018.051 Order of 13 March 2018 amending the Regulation on measures against certain persons from Ukraine (LR 946.224.0) LGBI 2018.057 Order of 20 March 2018 amending the Regulation on measures to prevent the circumvention of international sanctions in relation to the situation in Ukraine (LR 946.224.2) LGBI 2018.061 Order of 26 March 2018 amending the Regulation on measures against Libya (LR 946.221.4) LGBI 2018.062 Order of 26 March 2018 amending the Regulation on measures against persons and entities linked to the ISIL (Da'esh) and Al-Qaida groups (LR 946.222.22) LGBI 2018.063 Order of 26 March 2018 amending the Regulation on measures against Syria (LR 946.223.8) LGBI 2018.064 Order of 26 March 2018 amending the Regulation on
International Trade Compliance Update | April 2018
measures against certain persons from Egypt (LR 946.223.7)
Mem. A 166: Ministerial Regulation of 7 March 2018 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 financial restrictive measures against certain persons, entities and groups in the fight against the financing of terrorism. Mem. A231 Ministerial Regulation of 30 March 2018 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 financial restrictive 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. Resm Gazete.
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Communiqu on the Implementation of Imports Surveillance (No: 2018/3) [GTIP 8507.10.20.00.11 and 12, 8507.10.80.00.11 and 12, 8507.20.20.00.11 and 19, 8507.20.80.00.00]
Communiqu on the Implementation of Imports Surveillance (No: 2018/1) 8712.00, 8714.91.10.00.00 application for surveillance document
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/2) 4010.32.00.00.00 originating from China, India and Vietnam
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/3) 7306.40.20.90.00 and 7306.40.80.90 of China and Taiwan
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/4) 6902.10.00.10 11, 6902.10.00.10.12, 6902.10.00.10.13 "chromite , magnesite and chrome magnesite fire bricks" under the customs tariff statistical positions and 6815.91 from China
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/7) 2836.99.90.10. 00 Sodium percarbonates from Germany and Sweden
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/6) Porcelain and ceramics from China
Communiqu on the Implementation of Imports Surveillance (No: 2018/4) GTIP 3921...
Communiqu Pertaining to the Amendment of the Communiqu on the Prevention of Unfair Competition in Imports (Communiqu No: 2017/25)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/8) core welding wires" originating from Vietnam
Law 7095 United Nations Between the Government of the Republic of Turkey's Disaster and Emergency Assistance in case of delivery of goods and assistance to staff Own Import, Export and Transit of Ratification of the Agreement on Measures to Accelerate Getting the Law on the appropriate location
Law 7096 Government of the Republic of Turkey with the Approval of the Agreement on mutual assistance in customs matters between the Government of Montenegro Law on the appropriate location
2018/11418 Decision on Amendment of the Tariff Concentration in the Importation of Livestock and Meat
International Trade Compliance Update | April 2018
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23-03-18 24-03-18 26-03-18
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/5)
Communiqu Pertaining to the Change in the Customs General Communiqu (Provisional Imports) (Serial No: 4) (Provisional Imports) (Series No: 6)
Communiqu Pertaining to the Amendment of the Communiqu on the Prevention of Unfair Competition in Imports (Communiqu No: 2015/49)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/9)
Regulation on the Amendment of the Regulation on Market Surveillance and Inspection of the Products 2018/11325
Communiqu on the Amendment of the General Communiqu on Tariffs (Classification Decisions) (Serial No: 15) (Serial No: 30)
2018/11383 Republic of Turkey and the Republic of Albania Ministry of Customs and Trade Directorate General of Customs Between the Resolution on the Ratification of the Memorandum of Understanding Regarding the Establishment Joint Committee on Customs Matters
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/10)
Communiqu on the Prevention of Unfair Competition in Imports (No: 2018/11)
Regulation on the Amendment of the Customs Regulation
Communiqu Pertaining to the Amendment in the Communiqu Relating to the Importation-Related Mallari (Communiqu No: Export 2006/7) (Export: 2018/2)
Communiqu Pertaining to the Amendment of the Communiqu on the Prevention of Unfair Competition in Imports (Communiqu No: 2016/53)
2018/11527 Resolution Concerning Freezing the Assets in the Presence of Persons, Organizations or Organizations Listed in Certain Decisions of the United Nations Security Council
Turkey Exporters Assembly of the Organization and Duties of the Exporters' Association Amending the Regulation
2018/11417 Decision on Approval of Protocol to Prevent Illegal Trade of Tobacco Products
Communiqu on the Amendment of the Import Control of the Products Subject to the Control of the Ministry of Food, Agriculture and Livestock (Product Safety and Control: 2018/5) (Product Safety and Control: 2018/23)
Resolution 2018/11450 on the Approval of the Decision No 1/2016 of the EUEFTA Joint Transit Joint Committee dated 28/4/2016 amending the Convention on the Common Transit Regime of 20 May 1987
2018/11481 Annex to Decision on Import Regime
Communiqu on the Amendment of the Turkish Food Codex on the Extraction Disulphants Used in the Production of Food Substances and Food Ingredients (Communiqu No: 2013/45) (No: 2018/11)
2018/11546 Decision of the Council of Ministers Decision No 2013/5428 of 30/9/2013 on the Freezing of the Property of the Persons, Organizations or Organizations listed in the Decisions of the United Nations Security Council 1267 (1999), 1988 (2011) and 1989 (2011) 1) Decision on Amendment in the Numbered List
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Legislation (laws, resolutions, orders, etc.)
The following Ukrainian Laws ( ), Resolutions (), Presidential Decrees ( ), Decrees of the Cabinet of Ministers ( ), Regulations (), Agency Orders () and other pieces of legislation were posted on the Par-
International Trade Compliance Update | April 2018
liamentary ( ) website during the period of coverage of this Update:
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On the application of personal special economic and other restrictive measures (sanctions) ; Decision on March 6, 2018
On the decision of the National Security and Defense Council of Ukraine dated March 1, 2018 "On the application of personal special economic and other restrictive measures (sanctions)" Decree of the President of Ukraine on March 6, 2018 57/2018
On the application of personal special economic and other restrictive measures (sanctions) in accordance with United Nations Security Council Resolution No. 2048 (2012) concerning the Republic of Guinea-Bissau NSDC; The decision is March 17, 2018
On the decision of the Council of National Security and Defense of Ukraine dated March 17, 2018 "On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions) in accordance with United Nations Security Council Resolution No. 2048 (2012) concerning the Republic of GuineaBissau" Decree of the President of Ukraine on March 17, 2018, No. 70/2018
On the application of personal special economic and other restrictive measures (sanctions) pursuant to United Nations Security Council Resolution No. 2206 (2015) concerning the Republic of South Sudan NSDC; The decision is March 17, 2018
On the decision of the National Security and Defense Council of Ukraine dated March 17, 2018 "On the Application of Personal Special Economic and Other Restrictive Measures (Sanctions) pursuant to United Nations Security Council Resolution No. 2206 (2015) concerning the Republic of South Sudan" Decree of the President of Ukraine on March 17, 2018, No. 71/2018
On adoption of the draft Law of Ukraine on amendments to certain legislative acts of Ukraine on technical regulations and conformity assessment Resolution of the Verkhovna Rada of Ukraine on March 20, 2018, No. 2353-VIII
On adoption of the draft Law of Ukraine on amendments to some laws of Ukraine on preservation of Ukrainian forests and prevention of illegal export of unprocessed timber Resolution of the Verkhovna Rada of Ukraine on March 20, 2018, No. 2352-VIII
Decisions and recommendations of the Eurasian Economic Commission
The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Economic Commission documentation page. In general, only , and Recommendations having a direct effect on international traders are listed.
Board () of the Eurasian Economic Commission
30 (28-02-18) On introducing changes to the list of executive authorities of the member states of the Eurasian Economic Union, whose authorized representatives are included in the Advisory Committee on Interaction of Control Bodies at the Customs Border of the Eurasian Economic Union
31 (28-02-18) On the classification of vibroplates in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian
International Trade Compliance Update | April 2018
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32 (28-02-18) On the classification of pickle cheeses in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
33 (28-02-18) On the Program for the development (amendment, revision) of interstate standards containing rules and methods for research (testing) and measurements, including sampling rules necessary for the application and implementation of the requirements of the technical regulations of the Eurasian Economic Union "Requirements for liquefied petroleum gases for use them as a fuel "(TR EAES 036/2016) and the implementation of the assessment of the conformity of technical regulation facilities
34 (28-02-18) On Amending the Decision of the Board of the Eurasian Economic Commission of December 22, 2015 No. 170
35 (06-03-18) On the maintenance of a single customs register of intellectual property objects of the member states of the Eurasian Economic Union
36 (06-03-18) On transitional provisions of the technical regulations of the Eurasian Economic Union "On the safety of oil prepared for transportation and (or) use" (TP EEMP 045/2017)
37 (06-03-18) On Amending the Decision of the Commission of the Customs Union of December 9, 2011 No. 878
38 (13-03-18) On the classification of centralizers in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union
39 (13-03-18) On the recognition of invalidation of certain decisions of the Commission of the Customs Union
40 (20-03-18) On the procedure for introducing changes into the technical regulations of the Customs Union "On the safety of milk and dairy products" (TR TC 033/2013)
41 (20-03-18) On the Procedure for Registration, Suspension, Renewal and Termination of Declarations of Product Compliance with the Requirements of the Technical Regulations of the Eurasian Economic Union
28 (28-02-18) On approval of the plan for foreign business trips of members of the Board of the Eurasian Economic Commission, officials and employees of the Eurasian Economic Commission for the first half of 2018.
29 (28-02-18) On the Draft Decision of the Council of the Eurasian Economic Commission "On the Draft Decision of the Supreme Eurasian Economic Council" On Amending the List of Sectors (Subsectors) of Services in Which the Single Market of Services within the Eurasian Economic Union Operates "
30 (28-02-18) On the Draft Decision of the Council of the Eurasian Economic Commission "On the Draft Order of the Higher Eurasian Economic Council" On the Implementation of Liberalization Plans for Certain Sectors of Services within the Eurasian Economic Union "
31 (28-02-18) On the draft decision of the Council of the Eurasian Economic Commission "On the draft order of the Eurasian Intergovernmental Council" On the formation of a high-level working group on the issues of integration cooperation in cooperation and import substitution in priority industries"
32 (28-02-18) On the introduction of changes in the composition of the Consultative Committee for the Interaction of Control Authorities on the Customs Border of the Eurasian Economic Union
33 (28-02-18) On the introduction of changes in the composition of the Pharmacopoeial Committee of the Eurasian Economic Union
34 (28-02-18) On the Draft Memorandum on Cooperation between the Eurasian Economic Commission and the Interstate TV and Radio Company "Mir"
35 (28-02-18) On the Draft Protocol on Amendments to the Treaty on the Eurasian Economic Union of May 29, 2014
International Trade Compliance Update | April 2018
36 (28-02-18) On the Draft Decree of the Council of the Eurasian Economic Commission "On the Draft Agreement on the Principles and Approaches for the Implementation of State Control (Supervision) over Compliance with the Requirements of the Technical Regulations of the Eurasian Economic Union with a view to harmonizing the legislation of the member states of the Eurasian Economic Union in this area"
37 (28-02-18) On the Draft Protocol on Amendments to the Treaty on the Eurasian Economic Union of May 29, 2014
38 (28-02-18) On the draft order of the Council of the Eurasian Economic Commission "On the Draft Protocol on Amendments to the Treaty on the Eurasian Economic Union of May 29, 2014"
39 (28-02-18) On the monitoring of prices during the anti-dumping measure against steel all-rolled wheels originating from Ukraine and imported into the customs territory of the Eurasian Economic Union
40 (06-03-18) On the draft decision of the Council of the Eurasian Economic Commission "On the draft order of the Supreme Eurasian Economic Council" On the provision of information in accordance with subparagraph 5 of paragraph 20 of the Protocol on common principles and rules for the regulation of activities of natural monopolies (Appendix No. 20 to the Treaty on the Eurasian Economic Union of May 29 2014)"
41 (06-03-18) On the introduction of changes in the composition of the Advisory Committee on Technical Regulation, Application of Sanitary, Veterinary and Phytosanitary Measures
42 (06-03-18) On the draft decision of the Council of the Eurasian Economic Commission "On the draft order of the Supreme Eurasian Economic Council" On the Implementation of the Decision of the Supreme Eurasian Economic Council of May 8, 2015 No. 13"
43 (06-03-18) On the draft decision of the Council of the Eurasian Economic Commission "On the draft order of the Eurasian Intergovernmental Council" On the annual report of the Eurasian Economic Commission on monitoring the assessment of the regulatory impact of the draft decisions of the Eurasian Economic Commission in 2017 "
44 (13-03-18) On the Draft Decision of the Council of the Eurasian Economic Commission "On the Draft Decision of the Supreme Eurasian Economic Council" On Amending the List of Sectors (Subsectors) of Services in Which the Single Market of Services within the Eurasian Economic Union Operates"
45 (13-03-18) On the introduction of changes to the plan of scientific research work of the Eurasian Economic Commission for 2018 - 2019
46 (13-03-18) On the Draft Decision of the Council of the Eurasian Economic Commission "On the Draft Order of the Higher Eurasian Economic Council" On the Report "The Kyrgyz Republic: Two Years in the Eurasian Economic Union. First results"
47 (20-03-18) On the Draft Decision of the Council of the Eurasian Economic Commission "On the Draft Decision of the Supreme Eurasian Economic Council" On Amending the List of Sectors (Subsectors) of Services in Which the Single Market of Services within the Eurasian Economic Union Operates"
48 (20-03-18) On the Draft Decree of the Council of the Eurasian Economic Commission "On the Draft Protocol on Amendments to the Agreement on Accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of May 29, 2014, signed on December 23, 2014"
Classification decisions adopted by the Commission and preliminary decisions adopted by the States-Members
The Commission has posted a table which provides a collection of classification decisions under the common tariff adopted by the Commission. A separate web-
International Trade Compliance Update | April 2018
site exists for preliminary decisions on the classification of goods adopted by the customs authorities of states - members of the Eurasian Economic Union. It was last updated 12 March 2018. The table lists the tariff codes, a description, rationale (GRIs) for the decision.
Legislation (acts, resolutions, orders, etc.)
The following Russian Federation (RF) Acts, Government Resolutions/Decrees ( ) (GR), Federal Customs Service (FCS) Orders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information ( - ) during the period of coverage of this Update:
12-03-18 13-03-18 14-03-18
20-03-18 22-03-18 26-03-18
Order of the Government of the Russian Federation No. 383-r of 06.03.2018 "On the Trade Representative of the Russian Federation in the Kingdom of Sweden"
Decree of the Government of the Russian Federation No. 240 of 09.03.2018 "On Amendments to the List of Technological Equipment (Including Components and Spare Parts to It), analogues of which are not produced in the Russian Federation, the import of which into the territory of the Russian Federation is not subject to the tax on the added value "
Order of the Federal Customs Service of 23.10. 2017 No. 1682 On the recognition of the Federal Customs Service of Russia of 14.12.2015 No. 2568 "On the movement of goods in accordance with the Customs Convention on the International Transport of Goods under Cover of TIR Carnets" (Registered 13.03.2013 No. 50318)
Order of the Federal Customs Service and the Ministry of Energy of the Russian Federation of 21.12.2017 No. 2057/1201 "On the recognition of the orders of the Federal Customs Service of Russia and the Ministry of Energy of Russia as invalid on the list of technologically conditioned places in which meters are installed that record the movement of natural gas imported into the Russian Federation and exported from the Russian Federation by pipeline transport located in the Russian Federation" (registered 15.03.2018 No. 50378)
Order No. 245 of the Federal Customs Service of 22, 02.2018 "On Approving the Procedure for Putting a Mark of a Customs Body of the Russian Federation on a Document (Check) Affirming the Export of Goods from the Territory of the Russian Federation Outside the Customs Territory of the Eurasian Economic Union (Except for Export of Goods through the Territory of the Member States" members of the Eurasian Economic Union) through checkpoints across the State Border of the Russian Federation" (Registered 16.03.2018 No. 50385)
Decree of the Government of the Russian Federation No. 290 of 17.03.2018 "On Amendments to the List of Codes of Types of Food Products in Accordance with the Single Commodity Nomenclature for Foreign Economic Activity of the Customs Union Subject to Value Added Tax at the 10% Tax Rate for Import to the Territory of the Russian Federation"
Decree of the Government of the Russian Federation No. 307 of March 20, 2013, "On Amending Certain Acts of the Government of the Russian Federation with a view to Updating the Codes of the Unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union"
Decree of the Government of the Russian Federation of 22.03.2018 No. 314 On Amendments to the Rules for Granting from the Federal Budget Subsidies for Reimbursement of Costs for Import Customs Duty and Value Added Tax,
International Trade Compliance Update | April 2018
incurred by legal entities, individual entrepreneurs who are persons involved in the implementation of the project for the establishment and maintenance of functioning of the territorially isolated complex (the Skolkovo Innovation Center)
Middle East and North Africa
Algeria continues to encourage the local production of vehicles through SKD/CKD assembly (exportation of semi or completely knock down vehicles for local assembly) while eliminating import quotas for dealers for the second consecutive year. After many cabinet reshuffles, Executive Decree No. 17-344 setting forth the conditions and procedures for the activity of vehicle assembly and production and its specifications was published on November 28, 2017.
The Decree was meant to put an end to the uncertainty faced by foreign manufacturers and their Algerian partners who had been granted licenses at the discretion of the former Minister of Industry. However, several amendments to the Decree will be required due to numerous gaps and ambiguities in the text of the Executive Decree.
The list of operators claiming to invest in the automotive sector remains open to all investors. Indeed, the private Secretary of the Minister of Industry has recently indicated that the first list of 10 authorized operators, which had then been extended to 40 operators, would again be expanded to include all 83 projects currently under review. The official list of authorized manufacturers and their Algerian partners has yet to be released and will, in principle, concern all types of vehicles (tourism vehicles, cars, trucks, motorcycles, tanks and other machines).
In the meantime, letters have been issued to the investors to invite them submit their project to the National Agency for the Development of Investment (ANDI) in order to start the necessary formalities with the National investment Council (CNI).
For additional information, please contact the author, Cline Van Zeebroeck.
The Secretary General of the COMESA, the Common Market for Eastern and Southern Africa, has announced that Tunisia should officially join the COMESA at the summit to be held on April 18 and 19, 2018 in Burundi. However, accession to the Free Trade Agreement (FTA) concluded by 15 of the 19 Member States of the COMESA will not be automatic for Tunisia.
In order to become a full participant and benefit from the elimination of import duties and quotas under the FTA and not simply from preferential tariffs when goods originating in Tunisia are sold in other Member States of the COMESA FTA Tunisia will have to modify its legislation. Laws will also need to be
International Trade Compliance Update | April 2018
amended to achieve the customs union and adopt the common external tariff or the free movement of people.
Tunisia has not yet announced a timetable to bring its laws into conformity with COMESA's requirements. In the long run, if Tunisia were to become a full member of the COMESA FTA, it shall also benefit from the Tripartite Free Trade Agreement (TFTA) which brings together three economic regions which are working towards integration: COMESA, EAC (East African Community) and SADC (Southern African Development Community).
For additional information, please contact the author, Cline Van Zeebroeck.
AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA)
On 21 March 2018, in Rwanda, the following African countries signed the Agreement Establishing the African Continental Free Trade Area (AfCFTA) at the 10th Extraordinary Session of the African Union Assembly on the Launch of AfCFTA. The goal of the AfCFTA is to create a single market, followed by free movement and a single currency union. It is understood that the AfCFTA will be "built" in stages and will have protocols (such as Trade in Goods, Trade in Services, Intellectual Property Rights; Investment and Competition) and annexes added to it. Once all documents are concluded and ratified by 22 states, the free trade area will formally exist.
Notably absent was Nigeria, one of Africa's largest economies and its most populous country. Using Twitter, Nigeria's President Buhari said that "We will not agree to anything that will undermine local manufacturers and entrepreneurs, or that may lead to Nigeria becoming a dumping ground for finished goods." Although South Africa did not sign the AfCFTA text, it is committed to signing once internal legal processes are completed.
Algeria Angola Benin Botswana Burkina Faso C.A.R. Cameroon
Cape Verde Chad Comoros Congo
Prime Minister Head of State
Minister of Industry, Trade and Energy Head of State Head of State Head of State
International Trade Compliance Update | April 2018
Cote d'Ivoire D.R.C. Djibouti Egypt Equatorial Guinea Ethiopia
Head of State Minister of Trade and Industry Prime Minister
Head of State Head of State
Head of State Prime Minister
Minister of Foreign Affairs/Head of State
Minister of Foreign Affairs Minister of Foreign Affairs
Head of State Minister of Foreign Affairs Prime Minister
Minister of Industrialization Head of State
Head of State Head of State
Minister of Finance and Blue Economy
Vice-President and Minister of Foreign Affairs
Sudan Swaziland Tanzania The Gambia
Head of State Minister of Foreign Affairs/ cabinet Minister Head of State Prime Minister Prime Minister Head of State
International Trade Compliance Update | April 2018
Minister of Foreign Affairs Head of State Total:
South African Customs and Excise Act Amendments of Rules and Tariff Schedules
Notification of the date on which the Harmonized
System Explanatory Notes amending Supplement
Nos. 1 and 2 become effective in terms of section 09-03-18 47(8)(b) of the Customs and Excise Act, 1964
Amendment to Part 1 of Schedule No. 1, by the
insertion of new-8-digit tariff subheadings
ratus designed for use when carried in the hand or
Amendment to Part 2B of Schedule No. 1, to give
effect to the Budget proposals announced by the
Minister of Finance on 21 February 2018
by the substitution of Note 2 to increase
the maximum ad valorem excise duties
on motor vehicles from 25% to 30%;
by the insertion of items 124.37.11 and
124.37.15 to provide for apparatus de-
signed for use when carried in the hand
or on the person; and
by the substitution of various tariff sub-
headings to increase the ad valorem excise duties on goods from 5% to 7% and,
Amendment to Part 3A of Schedule No. 1, by an
increase in the rate of environmental levy on plas-
tic bags from 8c/bag to 12c/bag to give effect to
the Budget proposals announced by the Minister
Amendment to Part 3C of Schedule No. 1, by an
increase in the rate of environmental levy on in-
candescent light bulbs from R6.00 to R8.00 per
globe to give effect to the Budget proposals an-
nounced by the Minister of Finance on 21 Febru-
Amendment to Part 3D of Schedule No. 1, by an
increase in the motor vehicles emissions tax on
International Trade Compliance Update | April 2018
GG.41515 GG.41515 R.354 GG.41515 R.351
International Trade Compliance Update | April 2018
passenger vehicles from R100 to R110 for every
gram of CO2 emissions per kilometre above 120g
CO2/km and, in the case of double cabs, from
R140 to R150 for every gram of CO2 emissions
per kilometre in excess of 175g CO2/km to give
effect to the Budget proposals announced by the
Minister of Finance on 21 February 2018
Amendment to Part 5A of Schedule No. 1, by an
increase of 22c/li in the rate of the general fuel
levy from 315c/li to 337c/li and 300c/li to 322c/li on
petrol and diesel respectively to give effect to the
Budget proposals announced by the Minister of
Amendment to Part 5B of Schedule No. 1, by an
increase of 30c/li in the RAF levy from 163c/li to
193c/li on both petrol and diesel to give effect to 04-04-18 the Budget proposals announced by the Minister
Amendment to Part 3 of Schedule No. 6, as a
consequence to the increase in the fuel levy as
announced by the Minister of Finance in his
budget speech of 21 February 2018, the diesel
refund provisions are adjusted accordingly
Health promotion levy on sugary beverages
DA 179 Health Promotion Levy Re-
DA 63 Application for refund Export
for trade purposes of imported duty
DA 66 General Application for draw-
Explanatory memorandum on the Health Promo-
Amendment to Part 7A of Schedule No. 1 to align
it with the revised rules
Amendments to Part 6 of Schedule No. 4 to
amend the General Note 3, as well as to delete
Notice R.351 Amendments to Part 6 of Schedule No. 5 are as
Note 3 is amended to indicate that pre-
scribed form must reflect the item appli-
cable and the tax type code; and
Refund item 561.03 is inserted to provide
for a refund instead of a rebate
(ex499.02) from Schedule No. 4 to align with the DAS principles.
Amendments to Schedule No. 5 are as follows:
Note 8 is amended to include the reference to section 54J in order to apply to Health Promotion Levy; and
Note 3 in Part 5 of Schedule No. 5 is amended as a consequence to the amendment of Part 6 of Schedule No. 5.
Amendments to Part 5 of Schedule No. 6 are as follows:
Rebate item 690.01 has been amended to remove the reference to "(b) are being removed in bond" in line with DAS principles where no in-bond movements are allowed;
Rebate item 690.02 has been deleted as a rebate item and inserted as a refund item 691.05 to allow for HPL goods to be used in the manufacture of HPL or other goods where after a refund can be claimed on a DA 66;
Rebate item 691.02 has been amended to align with similar provisions for perishable goods to allow for reprocessing or destruction and also to add the necessary control measures such as customs supervision, documentary evidence, etc.; and
As a result of the amendment to rebate item 691.02, rebate item 691.03 has become redundant and will be deleted.
Trade compliance enforcement actions - import, export, IPR, FCPA
CBP determines eight companies evaded ADD through transshipping
On March 15, 2018, CBP issued a Notice of Final Determination as to Evasion of antidumping duties (ADD) to eight companies under Enforce and Protect Act ("EAPA") Consolidated Investigation No. 7191. The Notices were issued for evading ADD in in Case A-570-918 relating to steel wire garment hangers from China that were transshipped through Malaysia. The Notices stated in pertinent part:
To reach a final determination of evasion in this case, CBP must:
International Trade Compliance Update | April 2018
make a determination, based on substantial evidence, with respect to whether such covered merchandise entered into the customs territory of the United States through evasion.
19 U.S.C. 1517(c)(1)(A). Evasion is defined as the "entry of covered merchandise into the customs territory of the United States for consumption by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise." See 19 C.F.R. 165.1. Thus, CBP must reach a determination as to whether merchandise subject to an antidumping or countervailing ("CVD") duty order was entered into the United States by the importer and such entry was made by a material false statement or act, or material omission that resulted in the reduction or avoidance of applicable AD/CVD cash deposits or other security. On their entry documents, the Companies subject to this investigation declared the country-of-origin for their imports of hangers as Malaysia. For the reasons described below, substantial evidence on the record of this investigation supports a determination that the Companies imported steel wire garment hangers that originated in China but were transshipped through Malaysia. Therefore, the Companies entered merchandise covered by an AD order, by false declaration, which resulted in the avoidance of applicable cash deposits and bonds. ***
CBP found no hanger production in Malaysia at addresses reported by the Companies for their alleged hanger manufacturers. The electricity bills presented to CBP were fraudulent.
CBP found there was strong evidence that the hangers originated in China and that some of the companies had strong ties to Chinese manufacturers.
Several companies were linked to each other ]
CBP will continue to suspend the liquidation for any entry that has entered on or after May 12, 2017, the date of initiation of this investigation. CBP will also continue to extend the period for liquidation for all unliquidated entries that entered before that date. CBP will continue to require live entry, which requires that the importer post the applicable cash deposit prior to the entry's release. Finally, CBP will evaluate the continuous bonds of these companies in accordance with CBP's policies.
The links below will take you to official press releases and summaries of administrative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving US and foreign import, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis].
[Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bureau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Product Safety Commission; DDTC= State Dep't Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep't of Defense components [NCIS, DCIS, CID, etc.); FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; NO-
International Trade Compliance Update | April 2018
AA=National Oceanic and Atmospheric Administration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture; ; DSS= Diplomatic Security Service. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; SFO = UK Serious Fraud Office.]
03-05-18 03-15-18 03-20-18 03-21-18 03-22-18 03-23-18
Pakistani nationals plead guilty to money laundering in ICE export probe (ICE, DOJ, DoD, BIS,FBI)
CBP determines eight companies evaded ADD by transshipping through Malaysia (CBP)
U.S. Customs and Border Protection in Miami and Federal Partners Seize Over Six Million Counterfeit Cigarettes (CBP ICE)
Waltham Couple and Company Indicted for Conspiracy to Illegally Obtain U.S. Goods For Syria (DOJ, ICE, FBI, BIS, DoD)
Russian Citizen Sentenced to 18 Months in Federal Prison for Attempting to Illegally Export More Than $100,000 in Firearm Parts and Accessories (DOJ, ICE)
Pennsylvania Man Charged With Illegally Exporting Firearm Parts to Iraq (DOJ, BIS, ICE)
Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie's Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are:
Jochen Meyer-Burrow, Partner, [email protected]
Martin Morawski, Associate, [email protected]
The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you:
International Trade, Tax and Anti-corruption
Global International Trade Compliance Update March 2018
International Commercial Client Alert: Trump on Trade: Section 232 Duties on Steel &
International Commercial Client Alert: Trump on Trade: UPDATE on Section 232 Duties on
International Commercial Client Alert: Trump on Trade: US to Impose Trade Measures on
China as a Result of Section 301 Investigation
Africa Legal Alert: Francophone Africa Newsletter (Eng.) and Newsletter Afrique Franco-
Mexico International Commercial Client Alert 18 - Deadline to benefit from global pedimen-
International Trade Compliance Update | April 2018
to is near, for adjusting import and export values of 2017 operations (Eng.); Se aproxima fecha lmite para aplicar beneficio del pedimento global complementario, para ajustar valores de importacin y exportacin de operaciones de 2017 (Span.) 2018 Doing Business in Mexico Mexico International Commercial Client Alert 22: Provisions relating to Air Transportation Contract, Luggage Receipt and the Transportation of Domestic Animals in Aircrafts (Eng.); Disposiciones relativas al Contrato de Transporte Areo, el Taln de Equipaje y el Transporte de Animales Domsticos en Aeronaves (Span.) Mexico International Commercial Client Alert 23: CPTPP is signed in Santiago, Chile (Eng.); Se firma en Santiago de Chile el CPTPP (Span.)
Other areas Global Transactions Forecast 2018 Global Transactions Forecast: 2018 Financial Institutions Sector Forecast Canadian Fraud Law: Commentary, News and Updates LegalBytes Special Edition Cloud Computing | March 2018 - Saudi Arabia regulates cloud computing services Asia Pacific Antitrust & Competition Client Alert: China to Integrate its Three Antitrust Agencies into a Single Authority Kyiv: Key Features of the Newly Adopted Law On Privatization (with Infographics)
Client Seminar May 15, 2018 Bellevue, WA
ADD TO CALENDAR | FORWARD | REGISTER | WEBSITE
The Ever-Changing International Trade Landscape
We are pleased to invite you to our second annual Global Trade Conference in Bellevue, WA. The conference will be held on Tuesday, May 15 at The Bellevue Club.
Our international trade compliance lawyers from around the world will review the major trade developments impacting international trade, including President Trump's trade agenda, NAFTA negotiations, export controls and trade sanctions, as well as specific developments in the EU, Russia and China. The full agenda for the program is attached to the right.
This event is complimentary but registration is required. If you or a colleague would like to attend please register by Thursday, May 10.
International Trade Compliance Update | April 2018
AGENDA Date: Tuesday, May 15 Location: The Bellevue Club 11200 SE 6th St. Bellevue, WA 98004 Timing: Registration/Breakfast
We look forward to your participation!
Paul Burns Canada | +1 416 865 6912 | [email protected]
Alexander Bychkov Russia | +7 495 7872715 | [email protected]
Jon Cowley Hong Kong | +852 2846 1744 | [email protected]
Rod Hunter USA | +852 2846 1744 | [email protected]
Adriana Ibarra-Fernandez Mexico | +52 55 5279 2947 | [email protected]
John McKenzie USA | +1 415 576 3033 | [email protected]
Ted Murphy USA | +1 202 452 7069 | [email protected]
Frank Pan China | +86 21 6105 8523 | [email protected]
Jennifer Revis UK | +44 20 7919 1381 | [email protected]
Alison Stafford Powell USA | +1 650 856 5531 | [email protected]
Program 9:00 am - 5:00 pm Questions? Liz Rittinger Sr. Business Development Coordinator Tel: +1 415 984 3853
Approved for 6.25 California general CLE credits, 6.25 Illinois general CLE credits, 7.5 New York areas of professional practice CLE credits, and 6.25 Texas general CLE credits. An application for 6.25 general CLE credits has been made to the Washington State Bar Association. Approval pending. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates.
Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/15-12/11/18. This 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.
NEI approval pending for CCS/CES credits.
We are very pleased to announce our 15th annual Global Trade and Supply Chain Webinar Series entitled, "2018: Continuing Challenges in Global Trade". The series will include the
latest international trade developments including the impact of the Trump presidency on trade policy, TPP and of Brexit. In addition to our usual topics of Customs and export controls/sanctions, we will also cover Human Rights, Forced Labor, and Ethical Supply Chains.
International Trade Compliance Update | April 2018
This year, we will again expand our usual program to include our Customs Academy, which will feature 6 "Customs 101" webinars ( highlighted in green below). The Customs 101 program will be primarily aimed at participants who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions.
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, 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 miss a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this new 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.
Human Rights, Forced Labor, and Ethical Supply Chains: Best Practices for Managing Growing Legal Obligations and Risks
Speakers: Reagan Demas (DC), John Foote (DC), Francesca Richmond (London), and Christopher Burkett (Toronto)
To register for this complimentary webinar series, click on the REGISTER NOW button and provide your information. You can register for one or all webinars.
We hope you will participate in and enjoy this exciting webinar series!
February 27 March 27 April 24 May 22 June 26 July 24 August 28
Customs Basic: How to Classify Your Products
Speakers: Jose Hoyos-Robles (Mexico City), Olof Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta)
Hot Topics in US, European, and Asian Export Controls
Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), and Alex Lamy (DC)
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) Tel: +1 415 576 3021 teresa.gleason @bakermckenzie.com
Customs Basic: How to determine the origin of your products
Speakers: Adrianna Ibarra-Fernandez (Mexico City), Jessica Mutton (London), and John McKenzie (Palo Alto) Russian and EU Customs Update
These webinars are all complimentary.
Speakers: Alexander Bychkov (Moscow), Nicole Looks (Frankfurt) and Jenny Revis (London)
Customs Basic: How to value your products
Speakers: Kevin Nordin (London), Jon Cowley (Hong Kong) and Brian Cacic (Toronto)
Update on US "Protectionism", Brexit and TPP
Speakers: Terrie Gleason (San Francisco), Stu Seidel (DC) and Jenny Revis (London), and Fred Burke (Ho Chi Minh) Customs Basic: What you need to know about importing into China, Russia and the Middle East
Questions: If you have any questions regarding this webinar series, please contact:
Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected]
MCLE Credit: Approved for 1.5 California general CLE credits, 1.5 Illinois general CLE credits, 1.5 New York areas of professional practice CLE credits, and 1.5 Texas general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE
International Trade Compliance Update | April 2018
Speakers: Frank Pan (Shanghai), Vladimir Efremov (Moscow), and Reggie Mezu (Middle East) Customs Audits and Enforcement Actions: Best Practices and Trends
Speakers: Adriana Ibarra-Fernandez (Mexico), Nicole Looks (Frankfurt), and Meredith DeMent (DC) Customs Basic: What you need to know about importing into Mexico, Brazil and Argentina
Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/1512/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
Speakers: Manuel Padron (Juarez), Alessandra Machado (Sao Paolo), and Esteban Ropolo (Buenos Aires)
Hot Topics in US, European, and Asian
Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong) 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)
Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc.
RECORDED SESSIONS FROM OUR ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS
14 November 2017 Year-End Review of Import/Export Developments (Export Day)
Export Control Developments in the United States and European Union Encryption Export Controls and Cloud Computing: A Comparative Analysis United States Economic Sanctions Update & Russian Response to US Sanctions
Economic Sanctions: A Comparative Analysis Export Enforcement (panel format did not include slides) Export Control Developments in the Asia Pacific Region Arab States Boycott of Qatar and the Implications Under the United States Anti-
International Trade Compliance Update | April 2018
15 November 2017 Year-End Review of Import/Export Developments (Import Day)
The Current International Trade Environment: Challenges to Globalization and its Impact on the Supply Chain
Trade Policies and Initiatives Under the Trump Administration The NAFTA Renegotiation: A Multinational Perspective United States and Canadian Customs Regulatory Update
European Union Customs and Trade Developments Emerging Impediments to the Import of IT Products into China Latin American Trade Developments
2017 Global Trade and Supply Chain Webinar Series
"2017: Beginning of a New Era in Global Trade and Business?"
Our 14th annual, Global Trade and Supply Chain Webinar Series entitled, "2017: Beginning of a New Era in Global Trade and Business?" includes the latest international trade developments including the impact of the Trump presidency on trade policy and of Brexit. In addition to our usual topics of Customs, export controls/sanctions and FCPA/anti-bribery, the 2017 series also covers data privacy and intellectual property in the supply chain.
In 2017, we expanded our usual program to launch our Customs Academy, featuring 6 "Customs 101" webinars (indicated in green). The Customs 101 program is primarily aimed at participants who are new to Customs and/or those who would like a refresher and will include introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions.
Terrie Gleason, a partner in our San Francisco office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, Of Counsel in the London office, will moderate these webinars and be joined by experts from across our global network.
All webinars 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.
Webinar Start Time: 08:00 AM (Pacific) 10:00 AM (Central) 11:00 AM (Eastern) *see timeanddate.com for time in your location.
Login Details: Log-in details will be sent via email one week before the event.
Focus Group Head: Teresa A. Gleason Head, Global Customs Focus Group (San Francisco, CA) Tel: +1 415 576 3021 [email protected]
These webinars area all complimentary.
Questions: If you have any questions regarding this webinar series, please contact:
Sal Gonzalez Business Development Specialist Tel: +1 202 835 1661 [email protected]
If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may so at this new link or by clicking the blue title below which indicates the material has been posted.
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
International Trade Compliance Update | April 2018
Major Customs Developments in North America and Asia
Speakers: Stu Seidel (Washington, DC), Brian Cacic (Toronto), Eugene Lim (Singapore), and Adriana Ibarra-Fernandez (Mexico City)
Customs Basic: How to Classify Your Products
Speakers: Daniel Lund (London), Jose Hoyos-Robles (Mexico City), and Eunkyung Shin (Chicago)
New Era of Protectionism? Trump Presidency and Brexit Developments
Speakers: Terrie Gleason and Stu Seidel (Washington DC), Ross Denton and Jessica Mutton (London)
Customs Basic: How to Value Your Products
Speakers: Nicole Looks (Frankfurt), Eugene Lim (Singapore), Paul Burns (Toronto), and Daniel Sanchez-Elizondo (Guadalajara)
Impact on Sanctions: Trump Administration's Effects on US, EU, and Russian Sanctions
Speakers: Alexander Bychkov (Moscow), Ben Smith (London), Alex Lamy (Washington, DC) and Alison Stafford Powell (Palo Alto)
Customs Basic: Determining the Origin of Your Products
Speakers: Olivia Colville (Chicago), Jessica Mutton (London), and Adriana Ibarra-Fernandez (Mexico City)
Major Developments in Data Privacy Laws US, Canada and EU
Speakers: Brian Hengesbaugh (Chicago), Dean Dolan (Toronto), Dyann Heward-Mills (London), Michael Egan (Washington, DC)
Customs Basic: Reducing your Duty Liability Through the Use of Customs Procedures
Speakers: Roger van de Berg (Amsterdam), Eunkyung Kim Shin (Chicago), Manuel Padron-Castillo (Juarez), and Panya Sittisakonsin (Bangkok)
Intellectual Property Considerations and Issues in Your Supply Chain
Speakers: Gary Shapiro (San Francisco), Lothar Determann (Palo Alto), Jochen Herr (Munich), Isabella Liu, Kei Matsumoto, Flavia, Rabello
Customs Basic: What You Need to Know about Customs in the EU, Russia and China
Speakers: Mariacristina Scarpa and Giulia Bettarini (Milan), Alexander Brychov and Vladimir Efremov (Moscow), and Frank Pan (Shanghai)
Major Developments in FCPA/AntiBribery Regulation
Speakers: John McKenzie (San Francisco), Mini vandePol
general CLE credits. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates.
Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/1512/11/18. This program may earn newly admitted New York attorneys credit under Areas of Professional Practice. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE.
Pending - We have applied for CES and CCS credit for these webinars to the National Customs Brokers & Forwarders Association of America, Inc.
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We hope you will participate in and enjoy this exciting webinar series!
International Trade Compliance Update | April 2018
(Hong Kong), and Peter Tomczak (Chicago)
Customs Basic: What You Need to Know about Customs in the US, Mexico and Brazil
Speakers: Alejandro Martinez-Galindo (Guadalajara), Alessandra S. Machado (Sao Paulo), Meredith DeMent (Washington, DC), and Meghan Hamilton (Chicago)
Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of "notifications" to all Member countries. This chart summarizes notifications in English posted by the WTO during the past month. If you are interested in obtaining copies of any of these notifications, please contact [email protected] who will try to obtain the text. Some notifications are only available in the official language of the country publishing the notification. Note: All dates are given as mm/dd/yyyy; National flags are not scaled for relative comparison.
Argentina Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of Bahrain, Kingdom of Brazil
Brazil Brazil Brazil Brazil Brazil
Machinery, Safety Components and Lifting Equipment
Restriction of the use of certain Hazardous Substances in electrical and electronic equipment
BRA/772/Add.1 03/02/2018 Not given Smoked fish (HS Code(s) 03)
Net content of frozen fish fillet, toothpaste, bar wash soap and solid bleach - HS 0304 Fish fillets frozen (whether or not minced); 3306 Preparations for oral or dental hygiene toothpaste 340211 Soap bars; 2828 Hypochlorites; commercial calcium hypochlorite; chlorites; hypobromites.
03/05/2018 Not given Animal origin products (HS 0511)
03/05/2018 03/26/2018 Non edible animals by-products (HS 05)
03/08/2018 Not given Good Distribution and/or Warehousing Practices
03/08/2018 Not given Chapter 30 - Pharmaceutical products
International Trade Compliance Update | April 2018
Canada Canada Chile Chile Chile Chile Chile Chile Costa Rica Costa Rica
Wine (HS 2204) (HS 200960) Grapejuice, sweetend or not; (HS 220900) Vinegar. Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09. (HS: 2204), Vinegar and substitutes for vinegar obtained from acetic acid. (HS: 220900)
3/29/2018 5/19/2018 Potatoes, fresh or chilled (HS 0701)
Cranberries, bilberries and other fruits of the genus Vaccinium (HS 081040)
For the two fuels regulations (HS 2207.20; 2710; 2710.12; 2710.19; 2710.91; 2710.99; 3826) For Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations and Solvent Degreasing Regulations (HS 2903.23.00.00) For Solvent Degreasing Regulations (HS 2903.22.00.00) For Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations (HS 2710.12.90 31; 3208.90.90 10; 3208.90.90 20; 3209.10.00 10; 3209.10.00 20; 3209.90.00 10; 3209.90.00 20; 3210.00.00 10; 3210.00.00 20; 3210.00.00 90; 32.12; 3814.00.00 10; 3814.00.00 20; 3814.00.00 30; 3814.00.00 90) For Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (HS 3208.90.90 10; 3208.90.90 20; 3209.10.00 10; 3209.10.00 20; 3209.90.00 10; 3209.90.00 20; 3210.00.00 10; 3210.00.00 20; 3210.00.00 90; 32.12; 3214.10.90 10; 3214.10.90 20; 3214.10.90 90; 3214.90.00 10; 3214.90.00 90; 3814.00.00 10; 3814.00.00 20; 3814.00.00 30; 3814.00.00 90; 3824.40.00 00) (HS 220720, 2710, 271019, 271091, 290322, 290323, 320890, 320910, 320990, 3210, 3212, 3214, 38, 3814, 382440)
Polypropylene pipes for hot and cold water installations
Polypropylene plastic pipes used in hot and cold water installations and heating installations
CHL/395/Add.1 03/14/2018 Not given Motorcycles
CHL/381/Add.4 03/27/2018 Not given Cell phone chargers (switch mode units)
Portable cylinders, stationary tanks, equipment and appliances for the supply and use of liquefied petro-
International Trade Compliance Update | April 2018
Ecuador Ecuador Ecuador Ecuador Ecuador Ecuador Ecuador Ecuador
leum gas Metrology and measurement
ECU/144/Add.3 03/02/2018 Not given ECU/181/Add.3 03/02/2018 Not given ECU/117/Rev.1 03/06/2018 Not given
Thermal performance of solar collectors (HS 8419.19.90)
Surface tension agents (HS 3401.11.00, 3401.19.00, 3401.19.10, 3401.19.90, 3401.20.00, 3401.30.00, 3402.11.10, 3402.11.90, 3402.12.10, 3402.12.90, 3402.13.10, 3402.13.90, 3402.19.10, 3402.19.90, 3402.20.00, and 3405.40.00)
ECU/9/Rev.1 03/20/2018 Not given Tyres (4011; 4012)
Labelling and marking of textiles, articles of apparel, footwear and accessories thereof
ECU/47/Add.5 03/21/2018 Not given School transportation vehicles
ECU/49/Add.8 03/21/2018 Not given Buses (HS 8702.10, 8702.90, 8706.00, 8707.90)
Safety glass for motor vehicles (HS 7007.11, 7007.19, 7007.21, 7007.29, 8708.29)
International Trade Compliance Update | April 2018
Egypt Estonia European Union European Union European Union European Union
European Union European Union European Union European Union European Union European Union European Union
European Union France Grenada India
EGY/34/Add.2 EST/13 EU/552 EU/553 EU/554 EU/555
EU/557 EU/558 EU/559 EU/560 EU/561 EU/562 EU/563
03/06/2018 05/05/2018 Military weapons, military ammunition, munition
03/13/2018 06/11/2018 Medicinal products and medical devices
Olive oil HS 115.09.10 virgin olive oil, 15.09.90 olive oil not chemically modified other than virgin, 15.10.00 other oils obtained solely from olives (crude or refined olive-pomace oil and its blends with virgin olive oils)
Information and communications technology (ICT) products
Articles containing plasticised materials that may contain the four phthalates: bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP)
Basic mineral and organic soil conditioners - fertilizers
Lubricating oils for 4 (four) steps gasoline engines of motorized vehicles, Lubricating oils for 4 (four) steps gasoline engines of motor cycle, Lubricating oils of 2 (two) steps gasoline engines with air coolers; Lubricating oils of 2 (two) steps gasoline engines with water coolers, Lubricating oils of high rotation diesel engines, Lubricating oils of manual transmission and differential gears, Lubricating oils of automatic transmission (HS ex.2710.19.43; ex.3403.19.12; ex.3403.19.19; ex.3403.99.12; ex.3403.99.19)
International Trade Compliance Update | April 2018
Japan Japan Japan Japan Japan Japan Japan Japan Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya Kenya
05/11/2018 Not given 06/13/2018 Not given Not given
Semi-finished metal products subject to radiometric monitoring
Substances with probable effects on the central nervous system
Organic processed foods of animal origin and organic processed foods of plant and animal origin.
JPN/581/Add.1 03/15/2018 Not given Organic livestock and organic livestock products
02/28/2018 04/05/2018 Beverages, fruit Juice dairy blends
International Trade Compliance Update | April 2018
Korea, Republic of Kuwait Kuwait Kuwait Kuwait Kuwait Malaysia Malaysia Mexico Mexico Mexico Mexico
Mexico Mexico Mexico Mexico Mexico
KEN/620/Corr.1 03/27/2018 Not given Artificial joints (HS 902131)
Milk and processed milk products including dried milk, condensed milk and evaporated milk
4403: Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared - 4407: Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end jointed, of a thickness exceeding 6 mm - 4408: Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end jointed, of a thickness exceeding 6 mm - 4409: Wood continuously shaped along any of its edges, ends or faces, whether or not planed, sanded or end jointed 4412: Plywood, veneered panels and similar laminated wood
Machinery, Safety Components and Lifting Equipment
Restriction of the use of certain Hazardous Substances in electrical and electronic equipment
Feeding bottles and teats (HS 3294.10.900, 4014.90.100)
Feeding bottles and teats (HS 3294.10.900, 4014.90.100)
MEX/369/Add.1 03/02/2018 Not given Totoaba (Totoaba macdonaldi)
Compressed natural gas (CNG) loading terminals (heading 76.13)
MEX/325/Add.2 03/02/2018 Not given Natural gas (heading 2711.21.00.00)
Equipment and material required for the design, construction, pre-start up, operation, maintenance, closure and dismantling of service stations selling liquefied petroleum gas to the public. Requirements relating to industrial safety, operational safety, and environmental protection (HS 940180)
Showers used for personal hygiene, and their respective accessories, including those known as "ecological showers"
MEX/247/Add.2 03/13/2018 Not given MEX/321/Add.2 03/13/2018 Not given
Natural gas, ethane, biogas and coal-associated gas (heading 2711)
International Trade Compliance Update | April 2018
Mexico Mexico Mexico Oman Oman Oman Oman Oman Oman Oman Panama Peru Peru Peru Philippines Qatar Qatar Qatar Qatar Qatar Saudi Arabia Saudi Arabia
MEX/360/Add.2 03/13/2018 Not given Lamps
Hygiene products (irrespective of their physical state), substances intended for the washing or cleaning of objects, surfaces or buildings, and substances that release a specific fragrance into the air. These products include soaps, detergents, cleaners, whiteners, starches for external use, stain-removers, disinfectants, deodorisers and air fresheners, and other similar products determined by the Ministry of Health.
Claim tags and articles for the transportation of domestic animals in public service aircraft used to transport passengers.
Totoaba (Totoaba macdonaldi) fish (HS 03028901)
MEX/308/Add.3 03/26/2018 Not given Eggs and egg products (heading 0407)
OMN/345 OMN/346 OMN/347 OMN/348 OMN/349 OMN/350
Aluminium and Aluminium alloy rods/bars tubes and profiles
Machinery, Safety Components and Lifting Equipment
Restriction of the use of certain Hazardous Substances in electrical and electronic equipment
02/20/2018 05/15/2018 Water meters (HS 9028.20.10.00) 02/20/2018 05/15/2018 Water meters (HS 9028.20.10.00)
QAT/513 QAT/514 QAT/515 QAT/516 QAT/517 SAU/1041
All medical devices to be sold, imported, exported, manufactured, and used in the Philippines, except in-vitro diagnostic and refurbished medical devices
Machinery, Safety Components and Lifting Equipment
Restriction of the use of certain Hazardous Substances in electrical and electronic equipment
International Trade Compliance Update | April 2018
Country Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Saudi Arabia Singapore South Africa South Africa South Africa Spain
Taiwan Economy Taiwan Economy Taiwan Economy Taiwan Economy
Machinery, Safety Components and Lifting Equipment
Restriction of the use of certain Hazardous Substances in electrical and electronic equipment
Dishwashers Intended for Household Use HS 8422.11.00
Hydraulic brake and clutch fluid
Polymer film for damp-proofing and waterproofing in buildings
TPKM/241/Add. 2 TPKM/282/Add. 1 TPKM/296/Add. 1 TPKM/306/Add. 1
04/27/2018 Not given Not given Not given Not given Not given
Medicinal products and medical devices (i) Medicines including products of chemical or biological origin which are intended to have a medical effect on human or animal organisms, or which are presented as such, and which serve namely to diagnose, prevent or treat diseases, injuries or disabilities; blood and blood products are considered as medicines (relevant tariff items: 3002, 3003, 3004). (ii) Medical devices including products such as instruments, apparatus, equipment, in-vitro diagnostics, software, implants, reagents, material and other articles or substances which are intended for medical use, or which are presented as such, and which do not achieve their principal action through medicines (relevant tariff items: 3006, 9001.3000, 9001.4000, 9001.5000, 9003, 9004, 9018-9021).
5 types of secondary lithium cells and batteries products - Other accumulators (HS 850780)
Ventilators/Exhaust hoods (inspection scope: rated voltage not exceeding single-phase 250V AC, including those with/charged with a AC to DC adapter); - Hoods having a maximum horizontal side not exceeding 120 cm (HS 841460).
International Trade Compliance Update | April 2018
Taiwan Economy Taiwan Economy Taiwan Economy Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Tanzania Trinidad and Tobago Trinidad and Tobago
Not given Not given Not given
Mobile Broadband Business Terminal Equipment
Mobile Broadband Base Station Radio Frequency Equipment Automotive video cameras, other audio-frequency electric amplifiers and head-mounted monitors
03/07/2018 05/06/2018 Non Cereal based alcoholic beverages
Profiled steel sheets for roofing and siding applications
Surface polish. Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster (HS 34)
UGA/685/Add.1 03/26/2018 Not given Commercial blasting explosives (HS 36)
UGA/691/Add.1 03/27/2018 Not given UGA/692/Add.1 03/27/2018 Not given UGA/693/Add.1 03/27/2018 Not given UGA/694/Add.1 03/27/2018 Not given UGA/695/Add.1 03/27/2018 Not given UGA/696/Add.1 03/27/2018 Not given UGA/697/Add.1 03/27/2018 Not given
Edible Ices, Ice mixes. Ice cream and other edible ice, whether or not containing cocoa. (HS 2105) Flavoured milk, Milk and cream, concentrated or containing added sugar or other sweetening matter. (HS 0402)
Caprine (goat) meat, Caprine (goat) carcasses and cuts - Meat of goats (HS 020450) Porcine (pig) meat, Porcine (pig) meat Carcasses and cuts; Meat of swine, fresh, chilled or frozen (HS 0203), - Meat of swine: (HS 02101)
International Trade Compliance Update | April 2018
Uganda Uganda Uganda Uganda Uganda Uganda
UGA/698/Add.1 03/27/2018 Not given UGA/699/Add.1 03/27/2018 Not given
UGA/700/Add.1 03/27/2018 Not given UGA/701/Add.1 03/26/2018 Not given UGA/704/Add.1 03/27/2018 Not given UGA/705/Add.1 03/27/2018 Not given UGA/706/Add.1 03/27/2018 Not given UGA/707/Add.1 03/26/2018 Not given
UGA/723/Add.1 03/27/2018 Not given UGA/729/Add.1 03/26/2018 Not given
International Trade Compliance Update | April 2018
Cold rolled low carbon steel flat products. Flatrolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced), not clad, plated or coated (HS 7209), Flat-rolled products of other alloy steel, of a width of 600 mm or more (HS 7225)
Padlocks and locks (key, combination or electrically operated), of base metal; clasps and frames with clasps, incorporating locks, of base metal; keys for any of the foregoing articles, of base metal (HS 8301).
Commercial blasting explosives, Ammonium Nitrate. Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations (HS 36), - Ammonium nitrate, whether or not in aqueous solution (HS 310230)
Commercial blasting explosives, Ammonium Nitrate Fuel Oil explosives. Prepared explosives, other than propellent powders. (HS 3602), - Ammonium nitrate, whether or not in aqueous solution (HS 310230)
Polyethylene. Ethylene (HS 290121), - Polyethylene having a specific gravity of less than 0.94 (HS 390110), - Polyethylene having a specific gravity of 0.94 or more (HS 390120)
Polyvinylchloride (PVC). Polymers of vinyl chloride or of other halogenated olefins, in primary forms. (HS 3904), Of polymers of vinyl chloride: (HS 39204), Vinyl chloride (chloroethylene) (HS 290321), Vinyl acetate (HS 291532), Of polymers of vinyl chloride (HS 391530), Of polymers of vinyl chloride (HS 391620), Of polymers of vinyl chloride (HS 391723), Of polymers of vinyl chloride (HS 391810), Of polymers of vinyl chloride (HS 392112)
Adult diapers, adult briefs, adult underpads (HS 61071, 61082)
- Crude oil (HS 150810), - Crude oil (HS 151110), -Crude oil (HS 151211), -- Crude oil (HS 151311), -Crude oil (HS 151321), -- Crude oil (HS 151411), -Crude oil (HS 151491), -- Crude oil (HS 151511), -Crude oil (HS 151521)
- Crude oil (HS 150810), - Crude oil (HS 151110), -Crude oil (HS 151211), -- Crude oil (HS 151311), --
Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda
UGA/732/Add.1 03/26/2018 Not given UGA/733/Add.1 03/26/2018 Not given UGA/734/Add.1 03/26/2018 Not given UGA/735/Add.1 03/26/2018 Not given
UGA/740/Add.1 03/26/2018 Not given UGA/741/Add.1 03/26/2018 Not given
Crude oil (HS 151321), -- Crude oil (HS 151411), -Crude oil (HS 151491), -- Crude oil (HS 151511), -Crude oil (HS 151521)
Crude Oils, Fuel Oils; - Crude oil (HS 150810), Crude oil (HS 151110), -- Crude oil (HS 151211), -Crude oil (HS 151311), -- Crude oil (HS 151321), -Crude oil (HS 151411), -- Crude oil (HS 151491), -Crude oil (HS 151511), -- Crude oil (HS 151521), Fuel, lubricating or cooling medium pumps for internal combustion piston engines (HS 841330)
Articles of cement, of concrete or of artificial stone, whether or not reinforced (HS 6810)
Articles of cement, of concrete or of artificial stone, whether or not reinforced (HS 6810)
Concrete. Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01. (HS 3816), Articles of cement, of concrete or of artificial stone, whether or not reinforced. (HS 6810), - Non-refractory mortars and concretes (HS 382450).
Hydraulic-cement concrete. Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01. (HS 3816), Articles of cement, of concrete or of artificial stone, whether or not reinforced. (HS 6810), - Non-refractory mortars and concretes (HS 382450)
Hardened Hydraulic Cement Mortar, Hardened Hydraulic Concrete. Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01. (HS 3816), Articles of cement, of concrete or of artificial stone, whether or not reinforced. (HS 6810)
Concrete Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01. (HS 3816), Articles of cement, of concrete or of artificial stone, whether or not reinforced. (HS 6810), - Non-refractory mortars and concretes (HS 382450)
Freshly Mixed Concrete Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01. (HS 3816), Articles of cement, of concrete or of artificial stone, whether or not reinforced. (HS 6810), - Non-refractory mortars and concretes (HS 382450)
Concrete admixtures. Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01. (HS 3816), Articles of cement, of concrete or of artificial stone, whether or not reinforced. (HS 6810), - Non-refractory mortars and concretes (HS 382450)
Concrete mixtures. Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01. (HS 3816), Articles of
International Trade Compliance Update | April 2018
Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda
UGA/742/Add.1 03/26/2018 Not given UGA/743/Add.1 03/26/2018 Not given
cement, of concrete or of artificial stone, whether or not reinforced. (HS 6810), - Non-refractory mortars and concretes (HS 382450)
Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01. (HS 3816), Articles of cement, of concrete or of artificial stone, whether or not reinforced. (HS 6810), - Non-refractory mortars and concretes (HS 382450)
UGA/744/Add.1 03/26/2018 Not given Reagent water
UGA/745/Add.1 03/26/2018 Not given Liquid, solid and vapour
UGA/758/Add.1 03/22/2018 Not given Playground Surfacing
UGA/759/Add.1 03/22/2018 Not given Occupational safety
UGA/760/Add.1 03/22/2018 Not given Occupational safety
UGA/761/Add.1 03/22/2018 Not given Generalities, Terminology
UGA/762/Add.1 03/22/2018 Not given Personal climbing equipment
UGA/763/Add.1 03/22/2018 Not given Laboratory chemicals, laboratory samples
UGA/764/Add.1 03/22/2018 Not given Air quality, Occupational safety
UGA/765/Add.1 03/22/2018 Not given Occupational safety
UGA/766/Add.1 03/26/2018 Not given Personal Protective Equipment
UGA/767/Add.1 03/26/2018 Not given Amusement Devices
UGA/768/Add.1 03/26/2018 Not given Trampoline courts
UGA/771/Add.1 03/26/2018 Not given UGA/772/Add.1 03/26/2018 Not given UGA/773/Add.1 03/26/2018 Not given
Amusement rides, amusement devices. Roundabouts, swings, shooting galleries and other fairground amusements; travelling circuses and travelling menageries; travelling theatres (HS 9508)
Amusement railway rides, amusement devices, amusement facilities.
Pressure water-jet cleaning equipment, pressure water-jet cutting equipment
UGA/774/Add.1 03/26/2018 Not given UGA/777/Add.1 03/26/2018 Not given
Residual fuels. Crude oil (HS 150810), Crude oil (HS 151110), Crude oil (HS 151211), Crude oil (HS 151311), Crude oil (HS 151321), Crude oil (HS 151411), Crude oil (HS 151491), Crude oil (HS 151521)
International Trade Compliance Update | April 2018
Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda Uganda
UGA/778/Add.1 03/26/2018 Not given UGA/781/Add.1 03/26/2018 Not given
Residual fuels. Crude oil (HS 150810), Crude oil (HS 151110), Crude oil (HS 151211), Crude oil (HS 151311), Crude oil (HS 151321), Crude oil (HS 151521)
UGA/782/Add.1 03/26/2018 Not given Gaming equipment
UGA/783/Add.1 03/26/2018 Not given Stock remedies
UGA/784/Add.1 03/26/2018 Not given Stock remedies
03/19/2018 05/18/2018 Instant cereal and cereal based flour
UGA/724/Add.1 03/27/2018 Not given UGA/725/Add.1 03/27/2018 Not given
Ammonium sulphate nitrate fertilizer; Mineral or chemical fertilizers, nitrogenous (HS 3102)
International Trade Compliance Update | April 2018
UGA/726/Add.1 03/27/2018 Not given UGA/727/Add.1 03/27/2018 Not given UGA/728/Add.1 03/27/2018 Not given
Calcium ammonium nitrate fertilizer, Mineral or chemical fertilizers, nitrogenous (HS 3102)
Monoammonium phosphate fertilizers, diammonium phosphate fertilizers . Mineral or chemical fertilizers, phosphatic (HS 3103), Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this Chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg. (HS 3105)
Potassium chloride fertilizer, muriate of potash fertilizer (HS 3104)
Ukraine United Arab Emirates United Arab Emirates United Arab Emirates United Arab Emirates United Arab Emirates United Arab Emirates United Arab Emirates United States United States United States United States United States United States
Not given 05/04/2018 05/06/2018 05/11/2018 05/26/2018 05/27/2018 05/27/2018 05/27/2018 Not given Not given Not given Not given Not given Not given
Water-saving Products Nutritional labeling Machinery, Safety Components and Lifting Equipment Electromagnetic Compatibility Restriction of the use of certain Hazardous Substances in electrical and electronic equipment Mechanical structures for electronic equipment Mechanical structures for electronic equipment Emissions Tobacco products (HS 2402) Hearing aids (HS 9021) Organic livestock and poultry Fire protection Emergency alert system
Autonomous vehicles Dishwashers, furnaces, room air conditioners, and pool heaters Flammable refrigerants Motor fuel
United States United States United States
USA/1339/Add.1 03/02/2018 Not given Oxazolidine, 3,3'-methylenebis[5-methyl-
USA/1340/Add.1 03/13/2018 Not given Storage tanks
International Trade Compliance Update | April 2018
United States United States United States United States United States United States United States United States United States United States United States United States Viet Nam Viet Nam
High pressure piping systems - Tubes, pipes and hollow profiles, of cast iron. (HS 7303), Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel. (HS 7304), Other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross-sections, the external diameter of which exceeds 406.4 mm, of iron or steel. (HS 7305), Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel. (HS 7306), Tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel. (HS 7307)
03/02/2018 03/29/2018 Hazardous substances; animal testing regulations
03/02/2018 03/16/2018 Pools, hot tubs and spas
03/19/2018 Not given Wireless microphone operations
03/21/2018 Not given Extracorporeal shock wave device
Tobacco products (HS 24) All terrain vehicles (HS 8705, 8707) Hybrid and electric vehicles
03/07/2018 Not given Car, Truck, Bus
Railway cars, railway coach, railway wagons, and railway metro cars (HS 86.03, 86.04, 86.05, 86.06) Self-propelled railway or tramway coaches, vans and trucks (cars), other than those of heading 86.04 (HS 8603), Railway or tramway maintenance or service vehicles, whether or not self-propelled (for example, workshops, cranes, ballast tampers, trackliners, testing coaches and track inspection vehicles) (HS 8604), Railway or tramway passenger coaches, not self-propelled; luggage vans (baggage cars), post office coaches and other special purpose railway or tramway coaches, not selfpropelled (excluding those of heading 86.04). (HS 8605), Railway or tramway goods vans and wagons (freight cars), not self-propelled. (HS 8606)
Railway or tramway locomotives, rolling- stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro- mechanical) traffic signalling equipment of all kinds (HS 86)
International Trade Compliance Update | April 2018
Yemen Yemen Yemen Yemen Yemen
YEM/116 YEM/117 YEM/118 YEM/119 YEM/120
Machinery, Safety Components and Lifting Equipment
Restriction of the use of certain Hazardous Substances in electrical and electronic equipment
No advance rulings were posted by the Canada Border Services Agency (CBSA) during the past month. In September of 2014, the CBSA enhanced the Advance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.
It is important to note that rulings are binding only between the CBSA and the applicant. While posted rulings are for reference purposes only, they provide meaningful guidance and help other importers in complying with Canada's trade legislation.
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 197,000 such rulings are in the database.
CBP Rulings: Revocations or Modifications
No proposals were made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. 1625(c) to revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise.
The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update.
International Trade Compliance Update | April 2018
A product named `brown fused alumina slag' which is a by-product obtained during the production of ordinary electro-corundum in electric furnaces.
The product is composed of the following ingredients (% by weight):
(EU) 2018/407 -- other metals of 14-03-18
The product is used for concentrating metal
ores by selective flotation in the gravimetric
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3(a) to Chapter 26, Note 1(c) to Chapter 72, Subheading note 2 to Chapter 72 and by the wording of CN codes 7202 , 7202 29 and 7202 29 90 .
Classification under heading 2620 is excluded because the product does not fulfil the requirements of Note 3(a) to Chapter 26.
The chemical composition of this product fulfils the requirements of note 1(c) to Chapter 72, defining ferro-alloys, and of subheading note 2 to Chapter 72, defining ferro-alloys of heading 7202 .
The two essential characteristics of this product, which are in line with description of ferro-alloys, are that this product is used in gravimetric separation of metal ores and is prepared in electric furnaces (see also the Harmonized System Explanatory Notes to heading 7202 , the fourth and sixth paragraphs).
Because of the chemical composition of the product which allows its use in the gravimetric separation of metal ores by selective flotation, the product is to be classified under heading 7202 as a ferroalloy.
The product is therefore to be classified in CN code 7202 29 90 as other ferro-silicon alloy.
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.
4202 31 00 to 4202 39 00 Insert new text regarding mobile phone cases after existing text
p. 327 CN 8473 8473 30 80 Insert new text
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
International Trade Compliance Update | April 2018
past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337.
Certain Marine Sonar Imaging Devices, Commission Determination to Grant a Joint Unopposed Motion to
Including Downscan and Sidescan Devices, Terminate the Enforcement Proceeding Based on a Settlement
Products Containing the Same, and Com- Agreement and an Unopposed Motion to Rescind the Remedial
Orders; Termination of the Investigation
337TA1002 Certain Carbon and Alloy Steel Products
Commission Determination to Terminate the Investigation with Respect to the Antitrust Claim; Request for Written Submissions on Remedy, the Public Interest, and Bonding with Respect to Defaulting Respondents
Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof
Commission Determination Not to Review an Initial Determination Terminating the Investigation based on a Settlement Agreement; Termination of the Investigation
Certain Magnetic Data Storage Tapes and Cartridges Containing the Same
Notice of Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist Orders
Certain Access Control Systems and Components Thereof
Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Certain Audio Processing Hardware, Software, and Products Containing the Same
Notice of Commission's Determination Finding No Violation of Section 337; Termination of the Investigation
Certain Magnetic Tape Cartridges and Components Thereof
Commission Determination to Review in Part the Final Initial Determination; and, On Review, to Find No Violation of Section 337; Termination of the Investigation
Certain Collapsible Sockets for Mobile 337TA1056 Electronic Devices and Components
Commission Determination to Review an Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
Certain Bar Code Readers, Scan Engines, 337TA1061 Products Containing the Same, and Com-
Commission Decision Not to Review an Initial Determination Granting an Amended Joint Motion to Terminate the Investigation Based on a License and Settlement Agreement; Termination of the Investigation
337TA1066 Certain Recombinant Factor IX Products
Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion for Termination of the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation
Certain Wi-Fi Enabled Electronic Devices and Components Thereof
Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Allegations in the Complaint; Termination of the Investigation
Certain Intraoral Scanners and Related Hardware and Software
Commission Determination Not To Review an Initial Determination Granting a Motion for Leave To Amend the Complaint and Notice of Investigation To Add Respondent
Certain Intraoral Scanners and Related Hardware and Software
Commission Determination Not to Review an Initial Determination Granting a Motion for Leave to Amend the Complaint and Notice of Investigation to Add Respondent
Certain IOT Devices and Components
Thereof (IOT, The Internet of Things)-- Web Applications Displayed on a Web
Certain Load Supporting Systems, Includ- Commission Determination Not to Review an Initial Determination
337TA1095 ing Composite Mat Systems, and Compo- Granting an Unopposed Motion to Amend the Complaint and No-
337TA1101 Certain Fuel Pump Assemblies Having Va- Institution of an Investigation based on a complaint filed on behalf
International Trade Compliance Update | April 2018
por Separators and Components Thereof of Carter Fuel Systems, LLC alleging patent infringement
Certain Light Engines and Components Thereof
Institution of an Investigation based on a complaint and supplements filed on behalf of Lumencor, Inc. alleging patent infringement
Certain Digital Video Receivers and Related Hardware and Software Components
Institution of an Investigation based on a complaint filed on behalf of Rovi Corporation, Rovi Guides, Inc., Rovi Technologies Corporation, and Veveo, Inc. alleging patent infringement
Certain Multi-Domain Test and Measurement Instruments
Institution of an Investigation based on a complaint filed on behalf of Tektronix, Inc. alleging patent infringement
Institution of an Investigation based on a complaint filed on behalf
Certain Programmable Logic Controllers of Radwell International, Inc., alleging a conspiracy to fix resale
337TA1105 (PLCs) Components Thereof, and Products prices in violation of Section 1 of the Sherman Act; (2) a conspira-
cy to boycott resellers in violation of Section 1 of the Sherman Act;
and (3) monopolization in violation of Section 2 of the Sherman Act
Certain Toner Cartridges and Components Thereof
Institution of an Investigation based on a complaint filed on behalf of Canon Inc. of Japan; Canon U.S.A. Inc.; and Canon Virginia, Inc. alleging patent infringement
In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging violations of 337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints:
Certain LED Lighting Devices and Components Thereof
Complaint filed on behalf of: Fraen Corporation
Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews
In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other countries. (Click on blue text for link to official document.)
Key: AD, ADD=antidumping, antidumping duty; AS, CV, CVD=countervailing duty or anti-subsidy; LTFV=less than fair value.
United States Department of Commerce, International Trade Administration (ITA)
A351825 Stainless Steel Bar From Brazil A560830 Biodiesel From Indonesia
A570928 Uncovered Innerspring Units From China
International Trade Compliance Update | April 2018
Preliminary Results of ADD Administrative Review; 2016 2017 Final Determination of Sales at LTFV Final Determination of Sales at LTFV and Final Affirmative Determination of Critical Circumstances, in Part Final Results of ADD Administrative Review; 2016-2017
United States Department of Commerce, International Trade Administration (ITA)
A570890 Wooden Bedroom Furniture From China
Notice of Covered Merchandise Referral [From CBP]
C570054 Certain Aluminum Foil From China
A570028 Hydrofluorocarbon Blends From China
Notice of Covered Merchandise Referral [From CBP]
Diamond Sawblades and Parts Thereof From China
Notice of Covered Merchandise Referral [From CBP]
A570053 Certain Aluminum Foil From China
Final Determination of Sales at LTFV
Certain Lined Paper Products From India and China
Continuation of ADD Orders and CVD Order
C 834808 Silicon Metal from Kazakhstan
Certain Softwood Lumber Products From Canada
Initiation of Expedited Review of the CVD Order
C602811 Silicon Metal From Australia
C351851 Silicon Metal From Brazil
C533880 Polytetrafluoroethylene Resin From India
A403805 Silicon Metal From Norway
Affirmative Final Determination of Sales at LTFV, Final Determination of No Sales, and Final Negative Determination of Critical Circumstances
A351850 Silicon Metal From Brazil
Affirmative Final Determination of Sales at LTFV
A602810 Silicon Metal From Australia
Affirmative Final Determination of Sales at LTFV and Final Affirmative Determination of Critical Circumstances in Part
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China
Final Results of the Expedited First Sunset Review of the CVD Order
Final Results of the Expedited Third Sunset Review of the ADD Order
A583849 Steel Wire Garment Hangers From Taiwan A552812 and Vietnam
Final Results of the Expedited First Sunset Reviews of the ADD Orders
A533817 C533818 A560805 Certain Cut-To-Length Carbon-Quality Steel C560806 Plate From India, Indonesia, and S. Korea A580836 C580837
Continuation of AD and CVD Orders
Certain Cut-to-Length Carbon-Quality Steel Plate From S. Korea
Preliminary Results of CVD Administrative Review; and Rescission of Review, in Part; Calendar Year 2016
Certain Cut-to-Length Carbon-Quality Steel Plate Products From S. Korea
Preliminary Results of ADD Administrative Review; 2016-2017
A533840 Certain Frozen Warmwater Shrimp From India Preliminary Results of ADD Administrative Review; 2016-2017
Certain Frozen Warmwater Shrimp From Vietnam
Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2016-2017
Certain Plastic Decorative Ribbon From China
Postponement of Preliminary Determination in the CVD Investigation
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From China
Results of the Expedited First Sunset Review of the ADD Order
Light-Walled Rectangular Pipe and Tube from Mexico
Final Results of ADD Administrative Review; 2015-2016
Pure Magnesium in Granular Form From China
Continuation of the ADD Order
International Trade Compliance Update | April 2018
United States Department of Commerce, International Trade Administration (ITA)
Small Diameter Graphite Electrodes From China
Preliminary Results of ADD Administrative Review and Preliminary Determination of No Shipments; 2016-2017
C552813 Steel Wire Garment Hangers From Vietnam Final Results of Expedited First Sunset Review of the CVD Order
Stainless Steel Butt-Weld Pipe Fittings from Italy
Preliminary Results of Antidumping Duty Administrative Review; 2016-2017
A791823 Carbon and Alloy Steel Wire Rod From South A823816 Africa and Ukraine
C570068 Forged Steel Fittings From China
Preliminary Affirmative CVD Determination and Alignment of Final Determination with Final ADD Determination
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Turkey
Notice of Court Decision Not in Harmony with the Amended Final Determination of the CVD Investigation
Narrow Woven Ribbons with Woven Selvedge From China
Final Results of CVD Administrative Review; 2015
A552814 Utility Scale Wind Towers From Vietnam
Final Determination of No Shipments; ADD Administrative Review; 2016-2017
C570968 Aluminum Extrusions from China
Preliminary Results of CVD Administrative Review, Rescission of Review, in Part, and Intent to Rescind, in Part; 2016
Certain New Pneumatic Off-the-Road Tires From China
Notice of Partial Rescission of the ADD Administrative Review; 2016-2017
Certain Passenger Vehicle and Light Truck Tires From China
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2015-2016
A570909 Certain Steel Nails From China
Final Results of ADD Administrative Review and Final Determination of No Shipments; 2015-2016
Certain Passenger Vehicle and Light Truck Tires From China
Final Results of CVD Administrative Review; 2014-2015
C570061 Fine Denier Polyester Staple Fiber From China Amended Final Affirmative CVD Determination for China and
CVD Orders for China and India
A580867 Large Power Transformers From S. Korea
Final Results of ADD Administrative Review; 2015-2016
A580839 Polyester Staple Fiber From S. Korea and A583833 Taiwan
Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the ADD Orders in Part
Carbon and Certain Alloy Steel Wire Rod From Brazil
Rescission of ADD Administrative Review; 2016-2017
Carbon and Certain Alloy Steel Wire Rod From Brazil
Rescission of 2016 CVD Administrative Review
A570894 Certain Tissue Paper Products From China Final Results of ADD Administrative Review; 2016-2017
A201842 Large Residential Washers From Mexico
Final Results of ADD Administrative Review; 2016-2017
Polyethylene Retail Carrier Bags From Malaysia
Preliminary Results of ADD Administrative Review; 2016-2017
Certain Uncoated Groundwood Paper From Canada
Preliminary Affirmative Determination of Sales at LTFV, Postponement of Final Determination, and Extension of Provisional Measures
C570061 Fine Denier Polyester Staple Fiber From China Amended Final Affirmative CVD Determination for China and CVD
Orders for China and India
Certain Carbon and Alloy Steel Cut-to-Length Plate From China
Preliminary Results of CVD Expedited Review
A552801 Certain Frozen Fish Fillets From Vietnam
Final Results, Final Results of No Shipments, and Partial Rescission of the ADD Administrative Review; 2015-2016
Carbon and Alloy Steel Wire Rod From Turkey
Final Affirmative CVD Determination and Final Affirmative Critical Circumstances Determination, in Part
International Trade Compliance Update | April 2018
United States Department of Commerce, International Trade Administration (ITA)
Certain Cold-Rolled Steel Flat Products From India
Notice of Rescission of CVD Administrative Review, 2016
Certain Cold-Rolled Steel Flat Products From India
Rescission of ADD Administrative Review; 2016-2017
Certain Hot-Rolled Steel Flat Products From the Netherlands:
Rescission of ADD Administrative Review; 2016-2017
C475837 Carbon and Alloy Steel Wire Rod From Italy Final Affirmative CVD Determination
A570919 Electrolytic Manganese Dioxide From China Rescission of ADD Administrative Review; 2016-2017
Notice of Court Decision Not in Harmony with Final Results of the ADD Administrative Review and Notice of Amended Final Results; 2013-2014
C533868 Welded Stainless Pressure Pipe From India Rescission of CVD Administrative Review; 2016
A475836 Carbon and Alloy Steel Wire Rod From Italy Final Determination of Sales at LTFV
A469816 Carbon and Alloy Steel Wire Rod From Spain
Final Determination of Sales at LTFV, and Final Determination of Critical Circumstances, in Part
Carbon and Alloy Steel Wire Rod From S. Korea
Final Affirmative Determination of Sales at LTFV and Final Negative Determination of Critical Circumstances
Carbon and Alloy Steel Wire Rod From the United Kingdom
Final Affirmative Determination of Sales at LTFV and Final Affirmative Determination of Critical Circumstances
Carbon and Alloy Steel Wire Rod From Turkey
Final Determination of Sales at LTFV and Final Negative Determination of Critical Circumstances
A570055 Carton-Closing Staples From China
Final Affirmative Determination of Sales at LTFV
A570075 Plastic Decorative Ribbon From China
Postponement of Preliminary Determination in the LTFV Investigation
A570064 Stainless Steel Flanges From China
Preliminary Affirmative Determination of Sales at LTFV
A533877 Stainless Steel Flanges From India
Preliminary Affirmative Determination of Sales at LTFV, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
C570039 Amorphous Silica Fabric From China
Correction to the Opportunity to Request Administrative Review Notice
Light-Walled Rectangular Pipe and Tube From Mexico
Final Results of Changed Circumstances Review
A560826 Monosodium Glutamate From Indonesia
Final Results of ADD Administrative Review; 2015-2016
A489805 Certain Pasta from Turkey
Rescission of ADD Administrative Review; 20162017
United States International Trade Commission (USITC)
Drawn Stainless Steel Sinks From China (Review) Institution of Five-Year Reviews
(Third Review) Determinations that revocation of the CVD or-
Cut-to-Length Carbon-Quality Steel Plate ders and ADD orders would be likely to lead to continuation or
from India, Indonesia, and Korea
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time
Pure Granular Magnesium From China
(Third Review) Determination that revocation of the ADD order would be likely to lead to continuation or recurrence of material
International Trade Compliance Update | April 2018
United States International Trade Commission (USITC)
injury to an industry in the United States within a reasonably foreseeable time.
Carbon and Certain Alloy Steel Wire Rod From South Africa and Ukraine
(Final) Determination that an industry in the United States is materially injured by reason of imports that have been found by Commerce to be sold in the United States at LTFV
731TA1347-1348 Biodiesel From Argentina and Indonesia (Final) Supplemental Schedule for the Subject Investigations
Large Diameter Welded Pipe From Canada, China, Greece, India, Korea, and Turkey
(Preliminary) Determinations that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from Canada, China, India, Korea, and Turkey that are alleged to be sold in the United States at less than LTFV and to be subsidized by the governments of China, India, Korea, and Turkey
Laminated Woven Sacks From Vietnam
(Preliminary) Institution of AD and CVD Investigations and Scheduling of Preliminary Phase Investigations
Fine Denier Polyester Staple Fiber From China and India
(Final) Determinations that an industry in the United States is materially injured by reason of imports of the subject goods, that have been found by Commerce to be subsidized by the governments of China and India
(Third Review) Scheduling of an Expedited Five-Year Review
Steel Wire Garment Hangers From Tai- (Review) Scheduling of Expedited Five-Year
731TA1197-1198 wan and Vietnam
Cast Iron Soil Pipe Fittings From China
(Final) Scheduling of the Final Phase of CVD and ADD Investigations
Cast Iron Soil Pipe From China
(Preliminary) Determinations that there is a reasonable indication that an industry in the United States is materially injured by reason of imports that are alleged to be sold in the United States at LTFV and to be subsidized by the government of China.
Certain Polyester Staple Fiber From China
(Second Review) Determination that revocation of the ADD order would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
701TA598-600 Rubber Bands From China, Sri Lanka, 731TA-1408-1410 and Thailand
(Preliminary) Determinations that there is a reasonable indication that an industry in the United States is threatened with material injury by reason of imports of subject goods, that are alleged to be sold in the United States at LTFV and to be subsidized by the governments of China and Thailand. The Commission further determines that imports from Sri Lanka that are alleged to be sold in the United States at LTFV and to be subsidized by the government of Sri Lanka are negligible, and its AD and CVD investigations with respect to Sri Lanka are terminated.
731TA1392-1393 From China and India
(Final) Scheduling of the Final Phase of CVD and ADD Investigations
731-TA-678-679 and Stainless Steel Bar From Brazil, India,
(Fourth Review) Scheduling of Full Five-Year Reviews
Hydrofluorocarbon Blends and Components from China
(Final) Notice of remand proceedings
International Trade Compliance Update | April 2018
Canadian International Trade Tribunal (CITT)
Dry Wheat Pasta from Turkey
Finding issued that the volumes of subsidized goods originating in
or exported from Oman and Pakistan are negligible. As such, the
Tribunal hereby terminates its inquiry regarding the subsidizing of
Dumping and Subsidizing: Polyethylene Terephthalate Resin from China, India, Oman and Pakistan
the subject goods originating in or exported from Oman and Pakistan.. Subject goods originating in or exported from China and India have been dumped and subsidized, and subject goods originating in or exported from Oman and Pakistan have been dumped. The
Tribunal hereby finds, that the dumping and subsidizing have not
caused injury and are not threatening to cause injury to the domes-
Canada Border Services Agency (CBSA)
Statement of reasons for terminating subsidy investigation against
Certain PET Resin exported from China, India, Oman and Pakistan
certain Oman and all Pakistan exporters, and final determination of dumping of subject goods originating in or exported from China, India, Oman and Pakistan, and a final determination of subsidizing
respecting such goods from China and India
Certain hot rolled carbon steel plate originating in or exported from China
Expiry Review Decision - Statement of Reasons
Certain dry wheat pasta from Turkey Notice of Preliminary Determinations
Ref. Number MEX-USA-2012-1904-01
Chicken legs and thighs from the USA, regardless of country of export
Notice of termination of the panel review of the final determination
Mexico - Ministry of Economy
Ref. Number E.C. 12/17 E.C. 01/18 E.A. 15/16 E.A. 02/17
Ethylene glycol monobutyl ether originating in the USA, regardless of country of export Cut bond paper originating in Brazil, regardless of the country of export Carbon and alloy steel pipe with longitudinal seam of circular, square and rectangular section originating in China, regardless of the country of export Micro wire for welding from China regardless of the country of export
Final results of sunset review of antidumping duties Resolution declaring the commencement of the examination of the validity of the ADD
Final Resolution in AD investigation
Preliminary Resolution in the AD investigation
International Trade Compliance Update | April 2018
Ref. Number 2018/C 82/06 (EU) 2018/330 (EU) 2018/351
2018/C 95/07 2018/C 95/08 2018/C 96/06 2018/C 96/07 2018/C 100/13 (EU) 2018/477 2018/C 110/05 2018/C 111/10
Certain tube and pipe fittings originating Corrigendum to the Notice of initiation of an expiry review of the in Turkey, Russia, Korea and Malaysia AD measures applicable to imports of ( OJ C 31, 27.1.2018 )
Certain seamless pipes and tubes of stainless steel originating in China
Commission Implementing Regulation imposing a definitive ADD on imports of following an expiry review
Certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, Russia and Ukraine
Commission Implementing Decision rejecting undertakings offered in connection with the AD proceeding
Crystalline silicon photovoltaic modules and key components (i.e. cells) originat- Notice of the impending expiry of certain AD measures 03-09-18 ing in China
Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in China
Notice of the impending expiry of certain anti-subsidy measures 03-09-18
Certain aluminium foil in rolls originating in China
Notice of initiation of an expiry review of the AD measures
Certain organic coated steel products originating in China
Notice of initiation of an expiry review of the AD measures
Certain organic coated steel products originating in China
Notice of initiation of an expiry review of the CV measures
Indica rice originating in Cambodia and Myanmar
Notice of initiation of a safeguard investigation
Certain bicycle parts originating in China
Commission Implementing Decision concerning exemptions from the extended ADD
Peroxosulphates (persulphates) originat- Notice of the impending expiry of certain anti-dumping measures
Notice of initiation of a safeguard investigation
Steel Reinforcing Bar from Greece, Indonesia, Findings in Relation to a Dumping Investigation - 269 TG(1) and
Wind Towers from China #EX0061
Findings of an Exemption Inquiry
Findings of a Continuation Inquiry
Tomatoes, prepared or preserved from Italy #462
Initiation of an Accelerated Review
Pineapple Fruit, Consumer from Thailand / FSI #455
Extension of time granted to issue SEF and Final Report
Aluminium Road Wheels from China #464
A4 Copy Paper from Austria, Finland, Korea, Russia, Slovakia #463
Steel Pallet Racking from China and Malaysia #441
Steel Reinforcing Bar from China #411/412/423 Extension of time granted to issue Final Report
Rod in Coil from China #413/414
Extension of time granted to issue Final Report
Rod in Coil from Indonesia, Korea, Vietnam #416 Extension of time granted to issue Final Report
Hot Rolled Structural Steel Sections from Korea #465
Initiation of a Review of Measures
International Trade Compliance Update | April 2018
Hollow Structural Sections from China, Korea, Malaysia, Taiwan #EX0059 Hollow Structural Sections from China, Korea, Malaysia, Taiwan #EX0064 Various
Hot Rolled Coil Steel from Taiwan #454
Various Steel Rod in Coils from Indonesia, Korea, Vietnam #416 Steel Reinforcing Bar from Korea #452
Initiation of Exemption Monthly Status Report - February 2018 Extension of time granted to issue Statement of Essential Facts and Final Report Approved forms for applications - ADC2/B602 Termination of Investigation Extension of time for final report
China Ministry of Commerce (MOFCOM)
Methyl Isobutyl Ketone Originating in the S. Korea, Japan and South Africa
Final Ruling on the AD Investigation
Toluene Diisocyanate (TDI80/20) Originating in the EU
Imminent Expiry of Some AD and CV Measures in the Second Half of 2018
Photographic Papers Originating in the EU, US, and Japan
Final Review of the AD Measures
Resorcinol Originating in Japan and US
Final Review of AD Measures
Nonylphenol Originating in India and Taiwan Final Review of the AD Measures
Phenol from the US, EU, S. Korea, Japan and Thailand
Government of India Ministry of Finance (Department of Revenue)
`O-Acid' originating in or exported from China PR
Sulphonated Naphthalene Formalde07/2018-Cus (ADD) hyde originating in or exported from Imposes definitive ADD
`Ofloxacin' originating in or exported from China PR
Melamine, originating in or exported 09/2018-Cus (ADD) from the European Union, Iran. Indo-
Seeks to rescind notification No. 48/2012-Customs (ADD) dated the 8th October, 2012.
Meta Phenylene Diamine, originating in, or exported from China
Seeks to amend notification No. 11/2014-Customs (ADD) dated the 11th March, 2014.
Melamine originating in or exported from China PR.
Order for provisional assessment in the matter of initiation of New Shipper Review for determination of individual dumping margin for
International Trade Compliance Update | April 2018
Government of India Ministry of Finance (Department of Revenue)
`Dimethylacetamide' originating in or exported from China PR and Turkey
`Resorcinol' originating in or exported from China PR and Japan
`Monoisopropylamine' originating in or exported from China PR
Jute Yarn/Twine (multiple fold-
ed/cabled and single), Hessian fabric, and Jute sacking bags from Bangla-
ing, originating in or exported from China PR, Malaysia, Indonesia and
exports by M/s. Kuitun Jinjiang Chemical Industries Co. Ltd (Producer) through Foshan Kaisino Building Material Co. Ltd. (Exporter) Imposes ADD
Imposes ADD Seeks to amend notification No. 03/2013 - Customs(ADD) dated 26 March, 2013 Notifies provisional assessment for imports of Jute Products exported by M/s. Natural Jute Mill [Bangladesh] and M/s Kreation Global, LLC, USA [Bangladesh] .
Argentina Ministry of Production Secretary of Commerce
Hand tongs (pliers), of common metal originating in China and India Certain polyester textured yarn (except sewing thread) of less or equal to 350 decitex, without conditioning for retail sale, originating in Indonesia and India
Initiation of investigation into alleged dumping; require certificates of origin regardless of origin
Initiation of investigation into alleged dumping; require certificates of origin regardless of origin; no provisional AD duty
Brazil Ministry of Development, Industry and Trade
Smaller graphite electrodes with a diameter of up to and including 450mm (18 inches), of any length, whether or not machined, assembled or disassembled, of a kind used for electric furnaces, originating in China.
Institution of a process for the evaluation of public interest by the Technical Group for the Evaluation of Public Interest (GTIP), regarding the application of definitive ADD for up to five (5) years
ypsum board or gypsum-based compositions coated and / or reinforced with paper or paperboard originating in Mexico
A provisional ADD is imposed for a period of up to six (6) months
Metallic magnesium originating in Russia
Extends the definitive ADD for a period of up to five years Rectification
International Trade Compliance Update | April 2018
Acrylic or modacrylic originating in China Opening of subsidy investigation
Items in 5501.30.00.00.00 originating in Germany, S. Korea, China, and Thailand
Opportunity to Request Administrative Review
In a March 5, 2018 Federal Register notice, the US Department of Commerce announced that it will receive requests to conduct administrative reviews of various antidumping (AD) and countervailing duty (CVD) orders and findings with March anniversary dates:
Editor, International Trade Compliance Update
Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] m
This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
Please see copyright and acknowledgements on the last page
AD/CVD Proceedings - Country/ Merchandise
France: Brass Sheet & Strip
Germany: Brass Sheet & Strip
Italy: Brass Sheet & Strip
Taiwan: Light-Walled Rectangular Welded Carbon
Thailand: Circ. Welded Carbon Steel Pipes and Tubes A549502
The PR of China: Ammonium Sulfate
Carbon and Alloy Steel Cut-To-Length Plate
Circular Welded Austenitic Stainless Pressure Pipe A570930
(*) Case number corrected in the Federal Register on 03-29-18
The PR of China: Ammonium Sulfate
Carbon and Alloy Steel Cut-To-Length Plate
Circular Welded Austenitic Stainless Pressure Pipe C570931
Turkey: Circular Welded Carbon Steel Pipes and Tubes C489502
International Trade Compliance Update | April 2018
AD/CVD Proceedings - Country/ Merchandise
In a March 16, 2018 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 January anniversary dates. See actual notices for companies requesting review:
AD/CVD Proceedings - Country/ Merchandise
India: Welded Stainless Pressure Pipe
Rep. of Korea: Welded Line Pipe
The PR of China: Potassium Permanganate
India: Welded Stainless Pressure Pipe
The PR of China: Certain Oil Country Tubular Goods C-570-944
In a March 5, 2018, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year ("Sunset") review of the antidumping and countervailing duty orders listed below.
Merchandise Drawn Stainless Steel Sinks (1st Review). Drawn Stainless Steel Sinks (1st Review)
International Trade Compliance Update | April 2018
Mattias Hedwall Global Chair International Commercial & Trade
International Commercial & Trade Leadership Team
IC&T Focus Groups
Product Liability / Anticorruption / Compliance Liaison
Fred Burke Ho Chi Minh City
Nick Coward & Janet Kim Washington DC
Miguel Noyola Chicago/Washington DC
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International Trade Compliance Update | April 2018
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