International Trade Compliance
(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
Newsletter
April 2014 | Update
www.internationaltradecomplianceupdate.com
In This Issue:
World Trade Organization (WTO)
World Customs Organization (WCO)
Other International Matters
Note: Unless otherwise indicated, all information below is taken from official websites,
newsletters or press releases of international organizations (WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, Customs Unions or government agencies. The specific source
may usually be obtained by clicking on the blue hypertext link. Fisheries are generally not
covered
New Russia and Ukraine sanctions webpage
In order to keep abreast of the latest information related to the recent
Ukraine/Russia sanctions, please frequently check our dedicated webpage at
http://www.bakermckenzie.com/sanctionsnews/.
The Americas - Central America
2014 International Trade Compliance Webinar Series
The Americas - North America
Global Trade and the Global Supply Chain: Key Issues for 2014
The Americas - South America
Join us for our 2014 International Trade Compliance Webinar Series. Our focus
this year is on Global Trade and the Global Supply Chain: Key Issues for 2014.
We expect this year to be an exciting year, with many developments on the trade
regulation side. Our series started in January with a discussion of FCPA enforcement trends, compliance practices and management of third parties. We will also
conduct several webinar sessions that will focus on voluntary self disclosures in
the export context and country of origin, valuation and used goods in the Customs
context. We will also have sessions on major trade agreements and new environmental obstacles for placing products in EU, Russian/CIS and Asian markets.
Terrie Gleason of our Washington DC office, Co-Chair of the Global Customs
Practice, will moderate these webinars (unless otherwise noted).
Asia-Pacific
Europe
Africa
Newsletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc.
WTO TBT Notifications
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifications
European Classification Regulations
Amendments to the CN Explanatory Notes
Section 337 Actions
Antidumping, Countervailing Duty and
Safeguard Investigations, Orders & Reviews
Editor of 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.
The next webinar is:
•
Tuesday, April 15 Country of Origin Rules for Marking and Government Procurement Purposes – US, EU and China - Speakers: Stuart Seidel (Washington, DC),
Holly Files (Washington, DC), Jasper Helder (Amsterdam) and William Marshall
(Hong Kong)
For a complete list of remaining webinars, please go to page 81.
All webinars will begin at 11:00 AM EDT (US) and are scheduled to run approximately 90 minutes. Login details will be sent about one week before each webinar. 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 any of the webinars or wish to have copies of the presentation, they
will be posted approximately 2-4 weeks after the webinar is given and can be
viewed by clicking on the blue titles on the above page.
We hope you will participate in and enjoy this webinar series! If you have any
questions regarding this webinar series, please contact: Sal Gonzalez, Marketing
Coordinator, Tel: +1 202 835 1661
Baker & McKenzie
MCLE Credit
Each of the webinars in the above series will have the following CLE credits available: 1.5 general CLE credit
for California, Illinois, New York, and Texas. 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 12/12/09-12/11/12 (12/12/12- 12/11/15 renewal pending). Baker
& McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This
non-transitional program is not appropriate for newly admitted New York attorneys.
CES, CCS Credit.
The above courses have been approved for CES and CCS credit by the National Customs Brokers & Forwarders Association of America, Inc.
EU Anti-Bribery, Trade and Customs Webinar Series 2014
Our EU Compliance, International Trade and Customs Groups are bringing together their considerable local knowledge and on the ground experience to deliver their third webinar series. This year’s series will cover a range of customs, export control, trade sanctions and anti-bribery and corruption topics.
Our next webinar will be:
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Thursday, April 10: EU Trade Sanctions Update
All webinars will begin at 16.00 (GMT) on each of the dates listed below and are
scheduled to run for 90 minutes. Our panel of speakers will provide a practical
overview of each of the topics listed below, using both examples of recent cases
and case studies. Our panel of speakers and moderators will comprise leading
international trade experts from various EMEA locations including: Alexander Bychkov (Moscow), Ross Denton (London), Jasper Helder (Amsterdam), Nicole
Looks (Frankfurt), Sunny Mann (London), Jennifer Revis (London).
Please see page 82 for the full schedule of webinars.
Our complimentary webinar series is aimed at in-house legal counsel and compliance managers, ranging from those who are new to the areas concerned, through
to experienced practitioners who want to refresh their knowledge and learn more
about customs regulations and compliance.
Participants can register for one or more of these webinars. We hope that you will
be able to join us for what should be an interesting and fruitful series.
For more information, please contact: Abby Gale Zipagan, Business Development
Coordinator +63 2 819 4277
9th Annual Asia GST/VAT Conference and Customs & Trade Conference - 8 - 9 April 2014 | Baker & McKenzie's Tokyo Office
We are pleased to announce that Baker & McKenzie’s 9th Annual Asia GST/VAT
and 9th Annual Asia Customs & Trade Conference will be held in our Tokyo Office on 8 - 9 April, 2014. Baker & McKenzie, 28th Floor, Ark Hills Sengokuyama
Mori Tower, 1-9-10 Roppongi, Minato-ku, Tokyo 106-0032, Japan. Tel: +81 3
6271 9900.
Please refer to the linked invitation for full conference and registration details.
Registration is required for the conferences and attendees may attend either or
both conferences.
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th
The International Trade Compliance Update is a publication of
the Global Trade and Commerce
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.
The agenda for the 9 Annual Asia GST/VAT Conference on 8 April is:
[email protected]
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.
•
Breakout 1A – Use of IT infrastructure to manage PE risks arising from GST/VAT
compliance
•
Breakout 1B – VAT and indirect tax developments in China and India
•
Breakout 2A – Multiple and single supplies – practical issues
•
Breakout 2B – Finally GST in Malaysia, what to expect and what does this mean
for your Malaysian operations
•
Plenary 2 – Negotiating indirect tax provisions in contracts - what to watch out for
th
Stuart P. Seidel
Washington, D.C.
+1 202 452 7088
Credits:
Plenary 1 – Asia Pacific GST/VAT update
The agenda for the 9 Annual Customs & Trade Conference on 9 April is:
Comments on this Update may
be sent to the Editor:
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.
•
•
Plenary 1 – Import / export regional update
•
Breakout 1A – Latest export control and sanctions developments in the Asia Pacific region
•
Breakout 1B – Trends in Customs Audits in Asia
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Breakout 2A – Royalties and assists, a customs valuation nightmare
•
Breakout 2B – Trade compliance issues in emerging markets in Asia - potential
pitfalls for the unwary
•
Plenary 2 – Trade compliance considerations in tax optimized supply chain structures
We are pleased to offer a limited number of supplemental one-on-one meetings
with our tax, customs, and trade lawyers from around Asia and other regions on
Monday, 7 April 2014, on a first-come, first-served basis. These meetings are designed to allow dedicated time to discuss issues during a one-hour session. If you
have any questions on this, please contact Liane Tsang.
Please click
button to register for these conferences. As
space is limited, we will only be able to accept registrations on a first-come, firstserved basis. We hope to see you at the conferences and would welcome you to
extend our invitation to your colleagues. We look forward to seeing you in Tokyo!
You’re invited! May 2014 ICPA European Conference
The 2014 European Union Conference of the International Compliance Professionals Association (ICPA) will be held in Brussels at the World Customs Organization (WCO) headquarters. Attendees will stay at the Thon Hotel Brussels City
Centre. See the ICPA website for the Agenda. There will be import, export and
general track sessions. Registration and opening reception will be on Monday,
May 12. Substantive sessions are on May 13 and 14. Terrie Gleason of Baker &
McKenzie’s Washington, D.C. office and Jasper Helder from the Baker & McKenzie Amsterdam office will be speaking.
The cost is $850/€61, $100/€73 discounts for additional company
tendees. Conference registration cost includes admission to sessions, meals during the event and conference materials. For additional information, please contact
Ann Lister at [email protected]. Register here for $ or here for €..
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World Trade Organization (WTO)
Update on Trade Facilitation Agreement
The WTO announced that the Preparatory Committee on Trade Facilitation met
on 10 March 2014 and formally adopted the work plan and schedule of meetings.
Members also began review of the legal aspects of the Trade Facilitation Agreement adopted at the Bali Ministerial Conference in December 2013.
Revised WTO Government Procurement Agreement to come into
force on 6 April 2014
On 11 March 2014, the WTO announced that the revised WTO Agreement on
Government Procurement (GPA) will come into force on 6 April 2014, effectively
two years from the date on which the Protocol amending the Agreement was
adopted in March 2012. The threshold of acceptances for the revised Agreement
to come into force was two-thirds of the Parties. Israel’s acceptance of the Protocol on 7 March met that requirement.
The announcement stated that:
The revised Agreement streamlines and modernizes the Agreement’s text, for example by taking proper account of the widespread use of electronic procurement tools. It
provides gains in market access for the Parties’ businesses that have been estimated
as in the range of $80-100 billion annually. This results from the addition, to the
Agreement’s scope of application, of numerous government entities (ministries and
agencies) and the coverage of new services and other areas of the public procurement activities. The revision also incorporates improved transitional measures that
are intended to facilitate accession to the Agreement by developing and leastdeveloped economies.
The ten Parties that have, to date, accepted the Protocol to amend the Agreement are,
in the order in which they have accepted it, Liechtenstein; Norway; Canada; Chinese
Taipei; the United States; Hong Kong, China; the European Union; Iceland; Singapore
and Israel.
***
The entry into force of the GPA is in keeping with Ministers’ undertaking at Bali to work
hard to achieve this goal by the two year anniversary of the adoption of the GPA revision. Once again, Members can celebrate a successful outcome.
***
The GPA is a plurilateral treaty that commits members to certain core disciplines regarding transparency, competition and good governance in the public procurement
sector. It covers the procurement of goods, services and capital infrastructure by public authorities. The aim of the Agreement is to open up, as much as possible, government procurement markets to international competition and to help eradicate corruption in this sector.
In addition to the 43 WTO Members that already participate in the GPA, ten other
WTO Members, including China, Moldova, Montenegro, New Zealand and Ukraine,
are in the process of negotiating accession to it.
Trade Policy Reviews: Malaysia, Myanmar
The sixth review of the trade policies and practices of Malaysia took place on 3
and 5 March 2014. The basis for the review was a report by the WTO Secretariat
and a report by the Government of Malaysia.
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The first review of the trade policies and practices of Myanmar took place on 11
and 13 March 2014. The basis for the review was a report by the WTO Secretariat and a report by the Government of Myanmar.
DSB activities
During the period covered by this update, the Dispute Settlement Body (DSB) or
parties to a dispute took the following actions or reported the following activities.
Requests for a panel are not listed (click on “DS” number to go to summaries of
the case, click on “Activity” to go to the latest news or documents):
DS No.
Case Name
DS431 China – Measures Related to the Exportation of
DS432 Rare Earths, Tungsten, and Molybdenum
DS433 (Complainants: US, EU, Japan)
United States — Countervailing and AntiDS449 dumping Measures on Certain Products from
China (Complainant: China)
Activity
Date
Panel reports issued
26-03-14
Panel report issued
27-0314
World Customs Organization (WCO)
WCO and WHO sign Statement of Intent to combat the illicit tobacco
trade
On 20 March 2014, the WCO announced that the WCO and the Secretariat of the
World Health Organization’s (WHO’s) Framework Convention on Tobacco Control
(WHO FCTC) signed a Statement of Intent to further strengthen cooperation between the two organizations in the fight to combat the illicit tobacco trade, following the adoption in November 2012 of the WHO Protocol to Eliminate Illicit Trade
in Tobacco Products. The announcement stated:
The Protocol aims to combat the illegal trade in tobacco products through control of
the supply chain and enhanced international cooperation, thereby protecting people
around the world from the health risks of tobacco, ensuring that all Customs, excise
and other tax revenues due are collected and accounted for, and reducing the burden
on national health systems.
Of particular note is the fact that the Protocol contains an explicit reference to the need
for cooperation between the WHO FCTC Secretariat and the WCO, the United Nations
Office on Drugs and Crime (UNODC) and other bodies, hence the decision by the
WCO and the WHO FCTC Secretariat to sign a Statement of Intent that provides a
formal framework for their cooperation on eliminating the illicit tobacco trade.
The WCO and the WHO FCTC Secretariat recognize that open and collaborative
communications and working relations are fundamental to the success of their partnership, and have agreed to work together in the future to eliminate all forms of illicit
trade in tobacco products globally, in line with the provisions of the Protocol.
To date, the Protocol has 54 signatories and one ratification.
WCO Working Group on the WTO Agreement on Trade Facilitation
holds its 1st Meeting
On 13 March 2014, the WCO announced that the first Meeting of the WCO Working Group on the World Trade Organization (WTO) Agreement on Trade Facilitation (WGATF) took place on 11 and 12 March 2014.
In attendance were many Member Customs administrations as well as representatives
from Ministries of Finance, Trade and Foreign Affairs. They were joined by relevant
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stakeholders, including the WTO, international organizations representing other border
agencies, donor institutions and the private sector.
The WGATF was opened by the WCO Secretary General, Kunio Mikuriya. In his remarks, Secretary General Mikuriya emphasized the important role of Customs administrations in implementing the WTO Agreement on Trade Facilitation (ATF) and the
role of the WCO in assisting by means of its instruments, tools, technical assistance
and capacity building.
As set out in the December 2013 WCO Dublin Declaration, the purpose of the WGATF
is to advise the Policy Commission, the Permanent Technical Committee, the Capacity
Building Committee and the Secretary General on the full range of issues concerning
the ATF. The WGATF is the global Customs community’s unequivocal response to the
WTO ATF, which calls for the support and advice of the WCO in implementing and
managing the ATF. Specific work will be carried out by the WGATF and brought forward to the appropriate committees for endorsement or further direction.
Other International Matters
CITES Notification to Parties
The Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) has issued the following notifications to the parties:
Date
Title
21-03-14 2014/012 Sixty-fifth meeting of the Standing Committee - Registration form
2014/013 Needs assessment for strengthening the implementation of CITES
Logistical, Technological, and Equipment Needs Assessment to Strengthen the
26-03-14 Implementation of CITES
2014/014 Amendments to Appendix III
2014/015 Diplomatic immunity
2014/016 Updated IATA Regulations for the Transport of Live Animals and
31-03-14
Plants
The Americas - Central America
Costa Rica
Safeguard investigation on pounded rice launched
On 27 February 2014, Costa Rica notified the WTO’s Committee on Safeguards
that it initiated on 11 February 2014 a safeguard investigation on pounded rice.
In the notification, Costa Rica indicated as follows (original text in Spanish):
•
“… the [interested] parties will have a period of 15 calendar days from the notification
of the initiation of the investigation to present arguments.”
•
“… the [interested] parties will be given a period of 45 calendar days – counting from
the day after the notification, and with a possibility of extension up to 30 additional
days - in order to submit evidence.”
•
“… a period of 8 calendar days is granted, counting from the publication in the Official
Journal, to all parties who consider themselves interested in the process to appear before the Investigating Authority to submit their interest and requirements in order to be
considered as such.”
Click full text of La Gaceta (the Official Gazette) here. Further information is
available in G/SG/N/6/CRI/3.
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Hong Kong and Macao are not covered by the China-Costa Rica
FTA
In CIR-DGT-002-2014 of 5 February 2014, the Costa Rican Director General
of Customs advised the trade and the various Customs offices on 20 January
2014, the Ministry of Foreign Trade advised that Hong Kong and Macao are
special administrative regions of China and separate Customs Territories. Accordingly, they are not parties to the Costa Rica-China Free Trade Agreement
and are not covered by its provisions.
Customs Resolutions
Date
09-01-14
20-01-14
05-03-14
11-03-14
Series and №
Subject
RES-DGA-003-2014
RES-DGA-014-2014
RES-DGA-050-2014
RES-DGA-052-2014
Inclusion and Modification of Tariff
Ozone layer depleting substances
Criterion - binding tariff system
General- Customs depositories Guidelines
El Salvador
Documents
Date
28-03-14
Series and №
Decree No. 67
Subject
Ratification of the Convention on Mutual Assistance and
Technical Cooperation between the Tax and Customs Administrations
Nicaragua
Nicaraguan Classification Resolutions (Customs Rulings)
The Dirección 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.
Panama
Official Gazette
The following documents of interest to international traders (other than food safety standards and personnel actions) were published in the Gaceta Oficial – Digital (Official Gazette – Digital) during the period of coverage:
Publication
Date
28-02-14
10-03-14
11-03-14
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International Trade Compliance April 2014
Title
National Customs Authority (NCA): Administrative Resolution № 076 (25
February 2014) by Which the Secretary General Appoints National Authority Responsible For Customs.
Colon Free Zone: Resolution № 023-13 JD (27 December 2013) Guide for
Soliciting the Development of Construction, Remodeling, Minor Improvements and Permits in the Colon Free Zone.
Food Safety Authority (FSA): Resolution No. 001 (18 February 2014) Renewing health eligibility establishment Hershey Mexico, SA de CV S/N Address: Highway-Guadalajara-El Castillo Km 8.05 Col El Salto,.. Jalisco,
Mexico, for dairy export to Panama
FSA: Resolution No. 002 (18 February 2014) Renewal of health eligibility to
Baker & McKenzie
Publication
Date
13-03-14
13-03-14
Title
milk plant derived from Emerald, SA de CV S/N, located off the season
FFCC S/N San Miguel de Allende, the State of Guanajuato, Mexico, for
dairy export to Panama.
FSA: Resolution No. 003 (18 February 2014) Renewing health eligibility to
Plant Schreiber Mexico SA de CV S/N, located in the State of Guanajuato,
Bd Airport Km 10.5 Colonia San Carlos De Romo, in Mexico for dairy export to Panama.
FSA: Resolution No. 004 (18 February 2014) Renewing health eligibility
establishment Nestle Mexico SA de CV Factory Ocotlan number or code
Facility: No 0210 location:. Roadway Dr Delgadillo Araujo No 35.. Col Florida -. Ocotlán - Jalisco, Mexico dairy export to the Republic of Panama.
FSA: Resolution No. 005 (18 February 2014) Renewing health eligibility
establishment Nestle Mexico SA De CV Factory Coatepec number or code
facility: No 0205 location:... Gonzalo Durán No 48 Col - Coatepec Veracruz, Mexico dairy export to Panama.
FSA: Resolution № 007 (18 February 2014) Renewal of health eligibility
establishment called Nestle Sa de Cv Mexico Factory Lagos de Moreno,
establishment number or code:. Not Address 0206 Front Ff.Cc. Station S /
N, Lagos De Moreno, Jalisco, 47430 In Mexico for dairy export to Panama.
FSA: Resolution № 008 (18 February 2014) Renewal of health eligibility of
dairy food establishment called SIGMA, SA DE CV, establishment number
or code: no S/N Address:.. FERTIMEX NO WAY 666 Union Road Colonia
San Augustine San Antonio, Lagos De Moreno - Jalisco, Mexico Dairy Export to Panama.
FSA: Resolution № 009 (26 February 2014) Health eligibility of plant called
Natural Foods Ltd Rancho Viejo properly identified with number or code of
facility: Tif 503, Located In Rancho Pines S/N Colonia San Francisco
Huatengo Tulancingo Edo. Hidalgo for export of meat products from pig
and sheep to Panama.
Food Safety Standards
The following food safety standards (AUPSA-DINAN Decisions) were published
by the Food Safety Authority in the Gaceta Oficial – Digital (Official Gazette –
Digital) during the period of coverage. [Repealed documents are not shown; unless otherwise specified, food is for human consumption; dates are dd/mm/yy]:
Publication
Date
AUPSA-DINAN №
and Date
13-03-14 015-2014
13-03-14
Food and Origin
Plant protection requirements for importing macadamia nuts (macadamia sp.), fresh or dried, whether
or not shelled or peeled, for consumption and / or
processing, originating in Costa Rica
The Americas - North America
Canada
Government tables Canada-Korea Free Trade Agreement
On March 24, 2014, Foreign Affairs, Trade and Development Canada (DFATD)
announced that Erin O’Toole, Parliamentary Secretary to the Minister of International Trade, tabled in the House of Commons the 71-page Final Agreement
Summary of the Canada-Korea Free Trade Agreement, including a technical
summary of final negotiated outcomes. This step is a further step by the Government of Canada to ensure the outcomes of the agreement are transparent to parliamentarians and all Canadians. The Canada-Korea Free Trade Agreement is
Canada’s first free trade agreement in Asia.
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Additional sanctions imposed because of Russia’s actions in
Ukraine
On March 17, 2014, the Special Economic Measures (Russia) Regulations and
the Special Economic Measures (Ukraine) Regulations were issued under the
Special Economic Measures Act.
The Special Economic Measures (Russia) Regulations designates individuals and
prohibits with certain exceptions, any person in Canada and any Canadian outside Canada to:
•
deal in any property, wherever situated, held by or on behalf of a designated person;
•
enter into or facilitate, directly or indirectly, any transaction related to a dealing referred
to above;
•
provide any financial or other related service in respect of a dealing referred to above;
•
make any goods, wherever situated, available to a designated person; or
•
provide any financial or related service to or for the benefit of a designated person.
The prohibitions do not apply in respect of:
•
any payment made by or on behalf of a designated person that is due under a contract
entered into before the person became a designated person, provided that the payment is not made to or for the benefit of a designated person;
•
pension payments to any person in Canada or any Canadian outside Canada;
•
any transaction in respect of any account at a financial institution held by a diplomatic
mission, if the transaction is required in order for the mission to fulfill its diplomatic
functions as set out in Article 3 of the Convention or, if the diplomatic mission has
been temporarily or permanently recalled, when the transaction is required in order to
maintain the mission premises;
•
any transaction to international organizations with diplomatic status, United Nations
agencies, the International Red Cross and Red Crescent Movement, or Canadian nongovernmental organizations that have entered into a grant or contribution agreement
with the Department of Foreign Affairs, Trade and Development;
•
any transactions necessary for a Canadian to transfer to a non-designated person any
accounts, funds or investments of a Canadian held by a designated person on the day
on which that person became a designated person;
•
financial services required in order for a designated person to obtain legal services in
Canada with respect to the application of any of the prohibitions set out in these Regulations; and
•
loan repayments made to any person in Canada, or any Canadian outside Canada, in
respect of loans entered into before the coming into force of these Regulations, enforcement of security in respect of those loans, or payments by guarantors guaranteeing those loans.
In addition, the Regulations prohibit any person in Canada and any Canadian
outside Canada to do anything that causes, assists or promotes, or is intended to
cause, assist or promote, any act or thing prohibited by section 3 of the Regulations.
The Regulations also impose on designated types of financial institutions, insurance companies, securities dealers, and investment counselling services, a duty
to determine, on a continuing basis, whether they are in possession or control of
property owned or controlled by or on behalf of a designated person.
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The Special Economic Measures (Ukraine) Regulations designates named individuals and contains similar prohibitions and exceptions.
For further information, please contact Paul Burns or Brian Cacic of our Toronto
office and please read the Client Alert: Canada Imposes Further Sanctions on the
Ukraine and Related Sanctions on Russia for additional information and links to
official websites.
Canada - South Korea FTA announced
On March 11, 2014, Prime Minister Stephen Harper announced that Canada and
the Republic of Korea have concluded negotiations for a bilateral free trade
agreement that will significantly boost trade and investment ties between the two
countries, creating jobs and opportunities for Canadians in every region of the
country.
The Canadian Government issued a “backgrounder“ on the Canada-Korea Free
Trade Agreement (CKFTA) from which the following are excerpts:
The CKFTA will provide Canadian businesses and workers with unprecedented
access to Korea, which has an annual GDP of $1.1 trillion and a population of 50
million people. Expected benefits include:
Industrial goods
The CKFTA will significantly improve market access opportunities for Canada’s industrial sector by eliminating tariffs on all Canadian exports of industrial goods. Upon the
Agreement’s entry into force, more than 95 per cent of tariff lines for industrial goods
will be duty free. A further 4.2 per cent of tariff lines will become duty free within five
years, while the remaining 0.1 per cent will be duty free within 10 years.
Automotive products
Given its importance to Canada-Korea trade, the automotive industry was a central
area of the CKFTA negotiations. The CKFTA’s automotive provisions feature robust
outcomes across many areas of the Agreement, including tariffs, rules of origins, nontariff issues, standards-related measures, specialized dispute settlement procedures,
and unique safeguard provisions to protect against import surges. Upon the Agreement’s entry into force, Korean tariffs will be eliminated on all light vehicles (8 per cent
tariff) and all automotive parts (tariffs ranging from 3 to 8 per cent).
Wood and forestry products
While Korean pulp and paper tariff lines and the majority of other forestry product tariff
lines are duty-free on a most-favoured-nation (MFN) basis, Korean wood tariff lines
have significant tariffs, as high as 10 per cent, which presents a competitive disadvantage for Canadian exporters. Wood and forestry products of key export interest to
Canada, including spruce, pine and fir lumber, oriented strand board, Western hemlock lumber, wood beams and arches, and red cedar lumber, currently face tariffs
ranging from 5 to 8 per cent.
Under the CKFTA, all Korean tariffs on forestry and wood products will be eliminated.
Upon the Agreement’s entry into force, over 57 per cent of tariff lines for wood and
forest products will be duty-free, while a further 13.1 per cent will become duty-free
within three years. Duties on the remaining tariff lines will be eliminated within 10
years.
Fish and seafood products
Under the CKFTA, all Korean tariffs on fish and seafood products will be eliminated.
Nearly 70 per cent of fish and seafood tariff lines will be duty-free within five years of
the Agreement’s entry into force and all remaining duties will be eliminated within 12
years.
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The Agreement will eliminate Korea’s average tariff of 16.5 per cent in this sector,
which includes tariff peaks as high as 47 per cent. Eliminating Korea’s high tariffs in
this sector will level the playing field with the U.S., the EU and other countries for Canada’s fish and seafood exporters, and facilitate the expansion of Canadian exports to
Korea’s growing market.
Agricultural and agri-food products
Canadian agricultural exports to Korea currently face high tariff rates, which averaged
52.7 per cent in 2012. The Agreement will result in the elimination of tariffs on 86.8
per cent of agricultural tariff lines..
The CKFTA will not affect Canada’s supply management system, which will remain as
robust as ever. The supply management system and its three key pillars - production
control, import controls and price controls - will remain intact. The Canada-Korea Free
Trade Agreement provides no additional market access (i.e. no quota expansion and
no reduction or elimination of over-access tariffs) for Korea’s dairy, poultry and eggs.
Services
The CKFTA will establish greater transparency and disciplines, resulting in better,
more secure and predictable market access in areas of interest to Canada, such as
professional services (e.g. foreign legal consultancy services, commercial education
and training, research and development), environmental services, and business services.
Korea’s temporary entry commitments under the Agreement are more ambitious than
they are in any of Korea’s other FTAs. The Agreement’s temporary entry provisions
will provide new, preferential access to the Korean market as well as increased transparency and predictability, facilitating movement between Canada and Korea for business visitors, traders and investors, intra-company transferees, professionals (contract
service suppliers and independent professionals) and spouses.
Under the Agreement, Canadian firms can send their employees to Korea to fulfill service contracts, for instance, in science, engineering and IT fields. Canadian independent professionals (i.e. self-employed professionals contracted directly by a Korean or
Korean company) such as architects, engineers, management consultants and veterinarians may enter the Korean market with a pre-arranged contract.
Investment
The CKFTA’s investment chapter sets out transparent and predictable rules contributing to a more secure and stable investment environment, facilitating increased bilateral investment flows into Canada and Korea. The Agreement will ensure that Canadian investors can compete on an equal footing with other investors in Korea.
Government Procurement
The CKFTA will provide Canadian suppliers of products and services with preferential
access to the procurement activities of Korean central government entities. The
Agreement will place Canadian firms on an equal or better footing relative to their
competitors in terms of access to Korea’s central government procurement market.
Freezing Assets of Corrupt Foreign Officials (Ukraine)
On March 5, 2014, the Governor in Council made, pursuant to the Freezing Assets of Corrupt Foreign Officials Act, the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations (SOR/2014-44) (Published in the Canada Gazette on
March 26, 2014). These Regulations give effect to written requests from Ukraine,
which has recently experienced political upheaval, to freeze assets of their former
leaders and senior officials or their associates and family members suspected of
having misappropriated state funds, or obtained property inappropriately as a result of their office or family, business or personal connections. Effective immediately, 18 members of the former Yanukovych regime, members of their families
and their close associates have been listed under the Freezing Assets of Corrupt
Foreign Officials (Ukraine) Regulations.
11
International Trade Compliance April 2014
Baker & McKenzie
The Act permits the Government of Canada to freeze the assets or restrain property of politically exposed foreign persons at the written request of a foreign state,
where the Governor-in-Council has determined that the foreign state is in a state
of turmoil or political uncertainty, and where the making of an order or regulation
is in the interest of international relations.
This measure is consistent with Canada’s foreign policy priority to promote freedom, democracy, human rights and the rule of law around the world. It enables
Canada to fight corruption and support democratic reforms and accountability by
ensuring that we can freeze any misappropriated property when the authorities of
a foreign state ask us to do so.
For more information, please visit Ukraine and Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations.
On March 5, 2014, the Office of the Superintendent of Financial Institutions
(OSFI) issued a notice to “all banks, authorized foreign banks, trust companies,
loan companies, credit union centrals, cooperative credit associations, life insurance companies, property and casualty insurance companies, and fraternal benefit societies (Federally Regulated Financial Institutions (FRFIs))” advising them of
the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations
(“FACFOU”). The notice states:
The FACFOU impose searching, freezing, monitoring, disclosure and due diligence
obligations on all Canadians, including Canadian financial institutions. Implementation
of the FACFOU requires financial institutions to search their customer records in order
to identify financial assets to which the asset freeze applies, and identify prohibited financial transactions, to ensure that transactions and/or financial services provided to
designated Politically Exposed Foreign Persons (PEFPs) (as defined) are blocked and
reported as appropriate, including implementation measures at any branches of financial institutions outside Canada.
The prohibition on financial services applies to property services such as asset management, lending (including mortgage lending), the provision of property insurance
and other insurance policies and services, and other financial services.
OSFI has been advised that lists of designated PEFPs are the whole lists for the time
being, and that there is therefore no obligation on the part of FRFIs under FACFOU to
determine if there are other person(s) who, for personal or business reasons, are or
were closely associated with designated PEFPs. However, FRFIs that are subject to
the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA)
are reminded that the PEFP obligations under the PCMLTFA and its regulations are
not displaced or otherwise affected by the FACFOU.
Miscellaneous regulations and proposals
The following documents of interest to international traders were published in the
Canada Gazette. (The sponsoring ministry, department or agency is also shown.
N=notice, PR=proposed regulation, R=regulation, O=Order)
Publication
Date
03-01-14
03-08-14
12
International Trade Compliance April 2014
Title
Environment: Order 2014-66-01-01 Amending the Non-domestic Substances
List pursuant to Canadian Environmental Protection Act, 1999
Health:
Baker & McKenzie
Publication
Date
03-12-14
03-22-14
03-26-14
03-29-14
13
International Trade Compliance April 2014
Title
Cigarette Ignition Propensity (Consumer Products) Regulations pursuant to
the Canada Consumer Product Safety Act
Health: Regulations Amending the Tobacco (Seizure and Restoration) Regulations made under the Tobacco Act
Health: Regulations Amending the Tobacco Products Information Regulations
(Miscellaneous Program) made under the Tobacco Act
Health: Regulations Repealing the Cigarette Ignition Propensity Regulations
made under the
Environment: Order 2014-87-01-01 Amending. Domestic Substances List
(SOR/2014-30, Feb. 26, 2014) pursuant to the Canadian Environmental Protection Act, 1999
Environment: Order 2014-87-01-02 Amending. Domestic Substances List
(SOR/2014-30, Feb. 26, 2014) pursuant to the Canadian Environmental Protection Act, 1999
Public Safety and Emergency Preparedness: Regulations Amending the Tariff
Classification Advance Rulings Regulations (Miscellaneous Program)
(SOR/2014-40, February 28, 2014) pursuant to the Customs Act
Environment/Health: Publication after screening assessment of a substance
— Ethanamine, 2-[4-[(1Z)-1,2-diphenyl-1-butenyl] phenoxy]-N,N-dimethyl(tamoxifen), CAS RN 10540-29-1 — specified on the Domestic Substances
List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)
(N)
Environment/Health: Publication after screening assessment of a substance
— Furo[3′,4′:6,7]naphtho[2,3-d]-1,3-dioxol-6(5aH)-one, 9-[[4,6-O-(1R)ethylidene-ß-D-glucopyranosyl]oxy]5,8,8a, 9-tetrahydro-5-(4-hydroxy-3, 5dimethoxyphenyl)-, (5R,5aR,8aR,9S)- (etoposide), CAS RN 33419-42-0 —
specified on the Domestic Substances List (paragraphs 68(b) and 68(c) of the
Canadian Environmental Protection Act, 1999) (N)
Environment/Health: Publication after screening assessment of a substance
— 5,12-Naphthacenedione, 10-[(3-amino-2,3,6-trideoxya- L-lyxohexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8, 11-trihydroxy-8-(hydroxyacetyl)-1methoxy-, (8S-cis)- (doxorubicin), CAS RN 23214-92-8 — specified on the
Domestic Substances List (paragraphs 68(b) and 68(c) of the Canadian Environmental Protection Act, 1999) (N)
Environment/Health: Publication after screening assessment of two substances — Cyclosporin A, CAS RN 59865-13-3, and Cyclosporin E, CAS RN
63798-73-2 — specified on the Domestic Substances List (subsection 77(1) of
the Canadian Environmental Protection Act, 1999) (N)
Environment/Health: Publication after screening assessment of 23 substances
specified on the Domestic Substances List (paragraphs 68(b) and 68(c) of the
Canadian Environmental Protection Act, 1999) (N)
Environment: Order 2014-87-02-01 Amending the Domestic Substances List
(SOR/2014-43, March 4, 2014) pursuant to the Canadian Environmental Protection Act, 1999
Transport: Regulations Amending Certain Regulations Made Under the Canada Post Corporation Act (SOR/2014-53, March 7, 2014) pursuant to the Canada Post Corporation Act
Transport: Order Imposing Measures to Address the Extraordinary Disruption
to the National Transportation System in Relation to Grain Movement
(SOR/2014-55, March 7, 2014) pursuant to the Canada Transportation Act
Environment: Publication after screening assessment of a substance —
Trisiloxane, octamethyl- (MDM), CAS RN 107-51-7 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)
Environment: Publication after screening assessment of a substance —
Trisiloxane, 1,1,1,5,5,5-hexamethyl- 3,3-bis[(trimethylsilyl)oxy]- (M4Q), CAS
RN 3555-47-3 — specified on the Domestic Substances List (subsection 77(1)
of the Canadian Environmental Protection Act, 1999
Environment: Publication after screening assessment of 61 azo direct dyes
and 8 azo reactive dyes specified on the Domestic Substances List (para-
Baker & McKenzie
Publication
Date
Title
graphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)
Environment: Publication of final decision after screening assessment of 117
substances specified on the Domestic Substances List (paragraphs 68(b) and
68(c) or subsection 77(6) of the Canadian Environmental Protection Act,
1999).
Health: Decisions, undertakings and orders on claims for exemption pursuant
to the Hazardous Materials Information Review Act
Environment/Health: Proposed Order Amending Schedule 3 to the Canadian
Environmental Protection Act, 1999http://www.canadagazette.gc.ca/rppr/p1/2014/2014-03-29/pdf/g1-14813.pdf (PR)
Restrictive measures
The following documents imposing restrictive measures on imports or exports
were published in the Canada Gazette or posted on a Government website.
Publication
Date
03-12-14
03-26-14
Title
Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations (SOR/2014-33, February 28, 2014) pursuant to
the Freezing Assets of Corrupt Foreign Officials Act
Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations
(SOR/2014-44, March 5, 2014) pursuant to the Freezing Assets of Corrupt
Foreign Officials Act
Correction to Canada Gazette of Feb. 12, 2014 At page 406 in the header,
delete: Order Repealing the Special Economic Measures (Syria) Permit Authorization Order and replace by: Special Economic Measures (Syria) Permit
Authorization Order
CBSA advance rulings
No recent advance rulings have been posted by the Canada Border Services
Agency (CBSA)
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 mm/dd/yy format.)
Date
03-03-14
Reference
Action
D10-14-38
Revised
D10-14-18
Revised
D10-14-4
14
03-04-14
D8-3-11
Revised
03-14-14
03-17-14
03-18-14
CN 14-005
D12-4-1
D11-5-1
New
Revised
03-24-14
CN 14-006
International Trade Compliance April 2014
Title
Tariff Classification of a Piece of Furniture Imported
Unassembled or Disassembled
Determination of Weight for Duty Purposes of Fresh
Fruits and Vegetables
D10-14-4 Memorandum - Classification of Juice and
Juice Concentrates in Heading 20.09
Tariff Item 9832.00.00 Coffins or Caskets [Coffin or
Casket Remission Order.Coffin or Casket Remission
Order.]
Harmonized System Codes for Export Declarations
Pre-arrival Rail
NAFTA Rules of Origin
Update to CBSA Break-bulk Exemption – Advance
Commercial Information (ACI) Timeframes for
Baker & McKenzie
Date
03-28-14
Reference
D10-13-2
Action
Revised
Title
Transmission of Break-bulk Cargo – Pre-arrival Marine Mode
Memorandum - Administrative Policy – Tariff Interpretation of “Functional Units”
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Mexico
Mexican export control list revised
On March 13, 2014, the Diario Oficial de la Federacion (Official Federal Gazette)
published the Acuerdo amending the Acuerdo setting forth the requirement of
prior permission from the Ministry of Economy for the export of conventional
weapons, their parts and components, dual use goods, software and technologies
that could be diverted for the manufacture and proliferation of conventional weapons of mass destruction. The Acuerdo revises the list of goods and technologies
that require prior permission from the Ministry of the Economy to export from
Mexico. The original list was issued June 6, 2011 and revised on December 13,
2011, October 22, 2012 and February 8, 2013. The latest revision includes recent
changes adopted by the Wassenaar Arrangement and the Australia Group.
Diario Oficial
The following documents of interest to international traders were published in the
Diario Oficial de la Federacion: Note: With regard to standards, only those which
appear to apply to international trade are listed. (An unofficial English translation
is shown.)
Publication
Date
07-03-14
12-03-14
13-03-14
14-03-14
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International Trade Compliance April 2014
Title
Agriculture, Livestock, etc.: Notice cancellation Official Mexican Standard
NOM-012-PHYTO-1996's that the quarantine is set outside to prevent the
introduction of pests of potato, published on February 13, 1996.
Attorney General: Acuerdo establishing the Special Prosecutor for Crimes
Related to Corruption and establishing its powers
Economy: Acuerdo amending the Acuerdo setting forth the requirement of
prior permission from the Ministry of Economy for the export of conventional
weapons, their parts and components, dual use goods, software and technologies that could be diverted for the manufacture and proliferation of conventional weapons of mass destruction
Decree amending and supplementing various provisions of the Federal Penal
Code, the Code of Federal Criminal Procedure, the Federal Law on Organized Crime, the Fiscal Code of the Federation and the Federal Law of Extinction Domain, Regulatory Article 22 of the Constitution of the United Mexican States
Economy: Acuerdo by which discloses the import quota for the tariff-quota
established, fish fillets, fresh or chilled and frozen.
Economy: Acuerdo amending the Acuerdo establishing miscellaneous balance and allocation of the quota established for the period ranging from
March 19, 2012 to March 18, 2013 and the quota and the amounts allocated
to the periods between March 19 2013 to March 18, 2014 and March 19,
2014 to March 18, 2015, for the export of new light vehicles to Brazil in accordance with Appendix II on Trade in Automotive Sector between Brazil and
Baker & McKenzie
Publication
Date
19-03-14
21-03-14
31-03-14
Title
Mexico Complementation Agreement Economic No. 55 held between MERCOSUR and the United Mexican States, published on April 30, 2012
Economy/Environment, etc./Agriculture, etc./Health: Acuerdo amending the
Acuerdo establishing the classification and coding of goods whose import
and export is subject to regulation by the agencies that make up the Interministerial Commission for Process Control and Use of Pesticides, Fertilizers and
Toxic Substances.
Economy/Environment, etc.: Acuerdo amending the Acuerdo establishing the
classification and coding of goods whose import and export is subject to
regulation by the Department of Environment and Natural Resources.
Agriculture, livestock, etc.: Acuerdo establishing the risk mitigation measures
for the import of potato tuber to the United Mexican States.
Energy: Modification of Mexican Official Standard NOM-008-SESH/SCFI2010, transportable LPG containers manufacturing specifications, materials
and test methods.
Navy: Secretarial Acuerdo № 039 creating Naval Port Security Units (UNAPROP) in different sea ports of Mexico, from April 1, 2014
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
United States
[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, TR=TEMPORARY
RULE, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF
TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD, W=WITHDRAWAL. PLEASE NOTE: MEETINGS
WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED.]
Presidential documents
During the past month, President Obama signed the following documents relating
to international trade, national emergencies, sanctions, embargoes, or blocking
orders:
Date
03-04-14
03-06-14
03-10-14
03-14-14
03-18-14
03-24-14
Subject
Notice of February 28, 2014 - Continuation of the National Emergency With
Respect to Zimbabwe
Presidential Determination No. 2014–08 of February 24, 2014 - Proposed
Agreement for Cooperation Between the Government of the United States of
America and the Government of the Socialist Republic of Vietnam Concerning
Peaceful Uses of Nuclear Energy
Executive Order 13660 of March 6, 2014 - Blocking Property of Certain Persons Contributing to the Situation in Ukraine
Notice of March 12, 2014 - Continuation of the National Emergency With Respect to Iran
Executive Order 13661 of March 16 - Blocking Property of Additional Persons
Contributing to the Situation in Ukraine
Executive Order 13662 of March 20, 2014 - Blocking Property of Additional
Persons Contributing to the Situation in Ukraine
President expands sanctions against Russian persons
On March 20, 2014, the President signed Executive Order 13662 of March 20,
2014 - Blocking Property of Additional Persons Contributing to the Situation in
Ukraine [published in the Federal Register on March 24, 2014]. The latest Execu16
International Trade Compliance April 2014
Baker & McKenzie
tive Order (EO) expands on the authorities provided in previous EOs by empowering the US Secretary of the Treasury to designate individuals or entities determined to operate in certain sectors (“Targeted Sectors”) of the Russian economy.
In addition, the March 20 EO allows for the designation of individuals or entities
that are owned or controlled by, or provide support to, the parties designated pursuant to the order.
Targeted Sectors will be chosen by the Secretary of the Treasury in consultation
with the Secretary of State. The EO contemplates that the following sectors may
be targeted: financial services, energy, metals and mining, engineering, and defense and related materiel.
US persons are generally prohibited from dealing with any SDNs that may be
designated in the future under the 20 March Order. An entity that is 50% or more
owned by an SDN is also considered to be an SDN. US persons include (i) entities organized under US law and their non-US branches, (ii) individuals and entities in the United States, and (iii) US citizens and permanent resident aliens
(“Green Card” holders) wherever located or employed, but not separately incorporated foreign subsidiaries. Additionally, US banks must suspend any correspondent relationships with Bank Rossiya. Any assets of these individuals and entity
that are within US jurisdiction must be frozen. Individual SDNs are also subject to
a US travel ban. The complete Specially Designated Nationals and Blocked Persons List is available here.
See the Client Alert: EU and US Expand Sanctions against Russia. Russia retaliates and check the sanctions news page often.
President signs Executive Order targeting Russian officials because
of Ukrainian actions
On March 16, 2014, the President signed Executive Order 13661 - Blocking
Property of Additional Persons Contributing to the Situation in Ukraine [published
in the Federal Register on Match 19, 2014]. The Executive Order (EO) was issued as a direct result of the recent actions involving Crimea.
The EO expands the scope of the national emergency declared in Executive Order 13660 of March 6, 2014, finding that the actions and policies of the Government of the Russian Federation with respect to Ukraine -- including the recent
deployment of Russian Federation military forces in the Crimea region of Ukraine
-- undermine democratic processes and institutions in Ukraine; threaten its peace,
security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, and thereby constitute an unusual and extraordinary
threat to the national security and foreign policy of the United States. Pursuant to
the EO:
•
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International Trade Compliance April 2014
All property and interests in property that are in the United States, that hereafter come
within the United States, or that are or hereafter come within the possession or control
of any United States person (including any foreign branch) of the following persons are
blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:
o
the persons listed in the Annex to this order; and
o
persons determined by the Secretary of the Treasury, in consultation with the
Secretary of State:

to be an official of the Government of the Russian Federation;

to operate in the arms or related materiel sector in the Russian Federation;
Baker & McKenzie


to be owned or controlled by, or to have acted or purported to act for or on
behalf of, directly or indirectly:

a senior official of the Government of the Russian Federation; or
•
a person whose property and interests in property are blocked pursuant
to this order; or
to have materially assisted, sponsored, or provided financial, material, or
technological support for, or goods or services to or in support of:
•
a senior official of the Government of the Russian Federation; or
•
a person whose property and interests in property are blocked pursuant
to this order.
•
The above prohibitions apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit granted prior to the
effective date of this order.
•
The entry into the United States, as immigrants or nonimmigrants, of persons covered
above is suspended. Such persons shall be treated as persons covered by section 1
of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic
Powers Act Sanctions).
•
Donations of the type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of any person whose property and interests in
property are blocked are prohibited.
•
The prohibitions of this order include but are not limited to:
o
the making of any contribution or provision of funds, goods, or services by, to, or
for the benefit of any person whose property and interests in property are blocked
pursuant to this order; and
o
the receipt of any contribution or provision of funds, goods, or services from any
such person.
•
Any transaction that evades or avoids, has the purpose of evading or avoiding, causes
a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited.
•
Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
The EO authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be
necessary to carry out the purposes of this order. The EO authorizes the Secretary of the Treasury to redelegate any of these functions to other officers and
agencies of the United States Government consistent with applicable law.
The EO authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to determine that circumstances no longer warrant the blocking of
the property and interests in property of a person listed in the Annex to the EO,
and to take necessary action to give effect to that determination.
For additional information on the EU and US sanctions, please see our Client
Alert: EU and US Sanction Russian and Ukrainian Individuals Following the Crimean Referendum.
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International Trade Compliance April 2014
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President extends national emergency with respect to Iran
On March 14, 2014, the Federal Register published Presidential Notice of March
12, 2014 - Continuation of the National Emergency With Respect to Iran. The Notice continues for 1 year the national emergency declared in Executive Order
(EO) 12957 of March 15, 1995. On May 6, 1995, the President issued EO 12959,
imposing more comprehensive sanctions on Iran to further respond to this threat.
On August 19, 1997, the President issued EO 13059, consolidating and clarifying
the previous orders. Additional steps were taken pursuant to this national emergency in EO 13553 of September 28, 2010, EO 13574 of May 23, 2011, EO of
November 20, 2011, EO 13599 of February 5, 2012, EO 13606 of April 22, 2012,
EO 13608 of May 1, 2012, EO 13622 of July 30, 2012, EO 13628 of October 9,
2012, and EO 13645 of June 3, 2013.
While the Joint Plan of Action (JPOA) between the P5+1 and Iran that went into
effect on January 20, 2014, marks the first time in a decade that Iran has agreed
to and taken specific actions to halt its nuclear program and roll it back in key respects, certain actions and policies of the Government of Iran continue to pose an
unusual and extraordinary threat to the national security, foreign policy, and
economy of the United States. For this reason, the President determined that the
national emergency declared on March 15, 1995, must continue in effect beyond
March 15, 2014. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), the President is continuing for 1 year the
national emergency with respect to Iran declared in EO 12957. The emergency
declared by EO 12957 constitutes an emergency separate from that declared on
November 14, 1979, by EO 12170. This renewal, therefore, is distinct from the
emergency renewal of November 2013.
President issues Ukraine-related Executive Order
On March 6, 2014, President Obama signed a new Executive Order in direct response to threats to the peace, security, or stability of Ukraine, as well as efforts
to assert governmental authority in the Crimean region without the authorization
of the Government of Ukraine. This Executive Order allows the United States to
sanction any individual or entity that is responsible for or complicit in actions or
policies that undermine democratic processes or institutions in Ukraine or that
threaten the peace, security, stability, sovereignty, or territorial integrity of
Ukraine. It further allows the United States to sanction persons who are involved
in the misappropriation of state assets of Ukraine or have asserted governmental
authority over any part or region of Ukraine without the authorization of the Government of Ukraine. Unlike the EU Directive and Regulation which name persons, the US Executive Order does not name specific individuals.
President extends national emergency with respect to Zimbabwe
On March 4, 2014, the Federal Register published Presidential Notice of February
28, 2014 - Continuation of the National Emergency With Respect to Zimbabwe.
The Notice continues for 1 year the national emergency declared in Executive
Order (EO) 13288 of March 6, 2003 which declared a national emergency and
blocked the property of certain persons, pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701–1706), 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. The
original EO was amended by EO 13391 (March 22, 2005) and EO 13469 (July 25,
2008)
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International Trade Compliance April 2014
Baker & McKenzie
State determines that TECRO is a “foreign mission”
On March 24, 2014, the State Department published in the Federal Register a
designation and determination under the Foreign Missions Act [Public Notice
8670] that the Taipei Economic and Cultural Representative Office in the United
States (TECRO) is a foreign mission.
State announces meeting on CAFTA-DR Chapter 17 (Environment)
On March 19, 2014, the US Department of State (State) published in the Federal
Register a notification of the Eighth Meeting of the Environmental Affairs Council
of the Dominican Republic-Central America-United States Free Trade Agreement
(CAFTA-DR) and request for comments [Public Notice: 8661]. State and the Office of the United States Trade Representative (USTR) are providing notice that
the parties to the CAFTA-DR intend to hold the eighth meeting of the Environmental Affairs Council (Council) established under Chapter 17 of that agreement
in New Orleans, Louisiana on April 2 and 3, 2014 at Tulane University Law
School. The purpose of the Council meeting is to review implementation of Chapter 17 (Environment) of CAFTA-DR. All interested persons are invited to attend a
public session beginning at 9:30 am on April 3, 2014.
During the Council meeting, Council Members will discuss progress in implementing Chapter 17 obligations and the results of environmental cooperation 2 in their
respective countries. The Council will also hear presentations from the CAFTADR Secretariat for Environmental Matters (SEM) and the Organization of American States (OAS). At the public session, the Council will highlight issues discussed during the Council meeting, with a particular focus on Chapter 17 obligations and environmental cooperation.
All interested persons are invited to attend the public session where they will have
the opportunity to ask questions and discuss implementation of Chapter 17 and
environmental cooperation. In addition, the SEM will present on the public submission process established under Chapter 17 and the OAS will present on environmental cooperation activities. More information on the Council is included in
the notification under Supplementary Information.
State and USTR invite written comments or suggestions regarding the meeting.
Those considering submitting comments are encouraged to refer to Chapter 17 of
CAFTA-DR, the Final Environmental Review of CAFTA-DR, and the Agreement
among the CAFTA-DR countries on Environmental Cooperation Activities. (All
documents are available at
http://www.state.gov/e/oes/eqt/trade/caftadr/index.htm. The public session of the
Council will be held on April 3, 2014, from 9:30 a.m. – 1:00 p.m.. Comments and
suggestions in writing are requested no later than March 28, 2014.
USTR notifies Congress, seeks comments on WTO Environmental
Goods Agreement
On March 28, 2014, the Office of the US Trade Representative (USTR) published
in the Federal Record a request for comments and notice of public hearing regarding US interests and priorities with respect to negotiations for a WTO Environmental Goods Agreement. On March 21, 2014, the USTR notified Congress of
the Administration’s intention to enter into negotiations for a WTO Environmental
Goods Agreement. The Office of the USTR, on behalf of the Trade Policy Staff
Committee (TPSC), is seeking public comments regarding US interests and priorities with respect to this initiative. Comments may be provided in writing and orally
20
International Trade Compliance April 2014
Baker & McKenzie
at a public hearing. Written comments are due by midnight, May 5, 2014. Persons
wishing to testify orally at the hearing must provide written notification of their intention, as well as a summary of their testimony, by midnight, May 5, 2014. The
hearing will be held in Washington, DC, on June 5, 2014.
Earlier this year, the United States and thirteen other WTO Members, accounting
for 86 percent of global trade in environmental goods, announced their intention
to prepare to participate in these negotiations. These Members are Australia,
Canada, China, Costa Rica, the European Union, Hong Kong, Japan, Korea, New
Zealand, Norway, Singapore, Switzerland and Chinese Taipei. The negotiations
will begin in Geneva, Switzerland, as soon as each Member has finalized its domestic consultation procedures.
Ambassador Froman noted in the notification that these negotiations will build on
US leadership in the Asia-Pacific Economic Cooperation (APEC) forum on environmental goods and maintain momentum in the WTO for the kinds of fresh, credible approaches to trade liberalization that led to success at the 9th WTO Ministerial Conference in December 2013.
US-Japan bilateral meetings on the Trans-Pacific Partnership
On March 24, 2014, the Office of the (USTR) announced that during March 27-28,
Acting Deputy USTR Cutler will meet Ambassador Hiroshi Oe of Japan in Washington, D.C., to continue bilateral market access negotiations in the Trans-Pacific
Partnership (TPP). Several days of working-level meetings on market access will
also take place between the American and Japanese negotiating teams beginning
March 26.
During March 31-April 1, US-Japan parallel negotiations, focusing on motor vehicle trade, will also take place in Washington, D.C., and will be led by Acting Deputy USTR Cutler with Ambassador Takeo Mori of Japan.
These negotiations are taking place in conjunction with the agreement between
Ambassador Froman and Minister Amari of Japan to continue work to seek to
narrow gaps between the United States and Japan in the TPP negotiations, with a
particular focus on these two priority areas.
Earlier this year, the United States and thirteen other WTO Members, accounting
for 86 percent of global trade in environmental goods, announced their intention
to prepare to participate in these negotiations. These Members are Australia,
Canada, China, Costa Rica, the European Union, Hong Kong, Japan, Korea, New
Zealand, Norway, Singapore, Switzerland and Chinese Taipei. The negotiations
will begin in Geneva, Switzerland, as soon as each Member has finalized its domestic consultation procedures.
Ambassador Froman noted in the notification that these negotiations will build on
US leadership in the Asia-Pacific Economic Cooperation (APEC) forum on environmental goods and maintain momentum in the WTO for the kinds of fresh, credible approaches to trade liberalization that led to success at the 9th WTO Ministerial Conference in December 2013.
USTR renews charter and seeks members to the TACA
On March 18, 2014, the Office of the USTR published in the Federal Register a
notice of renewal of the charter and request for nominations, to the Trade Advisory Committee on Africa (TACA), pursuant to Section 135 of the Trade Act of 1974
21
International Trade Compliance April 2014
Baker & McKenzie
(19 U.S.C. 2155(c)(1)) as amended. The TACA is a federal advisory committee
established to provide trade and development policy advice regarding the countries of sub-Saharan Africa. The Charter will be effective for four years from the
date of the Federal Register notice. There are currently opportunities for membership on this Committee. USTR is seeking nominations for membership on the
Committee. In order to receive full consideration, nominations for current vacancies should be received not later than April 18, 2014. Nominations will be accepted after April 18 until the expiration of the charter term on March 17, 2018, for
appointments on a rolling basis as vacancies arise.
USTR issues determination in section 301 investigation of Ukraine
On March 13, 2014, the Office of the USTR published in the Federal Register a
notice stating that it has determined that certain intellectual property rights (IPR)
acts, policies, and practices of Ukraine are unreasonable and burden or restrict
United States commerce and are thus actionable under section 301(b) of the
Trade Act of 1974, as amended (Trade Act). In light of the current political situation in Ukraine, USTR has determined that no action under section 301 is appropriate at this time. The Trade Representative made the determinations in this investigation on February 28, 2014.
USTR seeks comments on WTO disputes
The Office of the US Trade Representative (USTR) published the following documents related to WTO disputes in the Federal Register:
F.R. Date
Comments
Due
Matter
WTO Dispute Settlement Proceeding Regarding China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-rolled
03-11-14
Electrical Steel from the United States –Recourse by the United
States to Article 21.5 of the DSU [Dispute No. WTO/DS414]
03-31-14
ITC investigations
The ITC initiated (I), terminated (T), requested information or comments (RFC),
issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this
month: (Click on the investigation title to obtain details from the Federal Register
notice or ITC Press Release)
Investigation. No. and title
Investigation No. 332-541 - Trade Barriers that U.S. Small and MediumSized Enterprises Perceive as Affecting Exports to the European Union
(USITC Publication 4455)
Requested by:
USTR
Trade compliance enforcement actions - import, export, IPR, FCPA
CBP and US Immigration and Customs Enforcement (ICE) have been stepping
up enforcement of trade compliance violations, as have the other agencies that
enforce import safety, standards, export and munitions control, sanctions and
FCPA laws. Rather than reproduce articles on these penalties, seizures and arrests, we have decided to list the links to the agency press releases which give
details. Child pornography, controlled substance and currency related seizures
and arrests will not be listed, unless connected to trade violations.
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International Trade Compliance April 2014
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[Agencies: CBP=US Customs and Border Protection, ICE=US Immigration and Customs Enforcement,
DHS IG= Homeland Security Inspector General, APHIS=Animal & Plant Health Inspection Service,
BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce), DOJ=Department of
Justice, ATF=Bureau of Alcohol, Tobacco, Firearms and Explosives, DEA=Drug Enforcement Administration, FBI=Federal Bureau of Investigation, GSA= General services Administration, SSA=Social
Security Adm., SEC=Securities and Exchange Commission, OFAC=Office of Foreign Assets Control
(Treasury), DoD=Dep’t of Defense components [NCIS, DCIS, CID, etc.), DDTC= State Dep’t Directorate of Defense Trade Controls, CPSC=Consumer Product Safety Comm., USPIS=Postal Inspection
Service, FWS=Fish & Wildlife Service, NOAA=National Oceanic and Atmospheric Administration,
USDA= US Dep’t of Agriculture, USSS= US Secret Service.]
Date of
Release
03-03-14
03-06-14
03-0714
03-12-14
03-13-14
03-14-14
03-17-14
03-24-14
03-26-14
Subject
4 indicted in international fraud scheme involving the sale of gold (DOJ, ICE,
USSS, City of London UK, Spanish Nat. Police)
Ubiquiti Networks, Inc. Settles Potential Civil Liability for Apparent Violations
of the Iranian Transactions and Sanctions Regulations (OFAC)
2 California men charged with operating large-scale movie, music counterfeiting scheme (DOJ, ICE)
Springfield man pleads guilty to trafficking counterfeit goods (DOJ, ICE)
United States Settles False Claims Act Allegations Against Importer ($1.2m)
(CBP, DOJ, ICE, DHS IG)
Aliaksandr Stashynski of Tiffin, Ohio, Debarred 10 Years for Export Violations
(BIS)
Brooklyn, N.Y., Woman Sentenced to More Than 21 Years in Prison for Shipment of More Than $2.5 Million Worth of Stolen Luxury Vehicles To Africa
(DOJ, ICE, CBP, USCG, Multi State and Local Police and Bi-State authorities)
Pawtucket accountant pleads guilty to conspiracy to traffic $1.2 million in contraband cigarettes, food stamp fraud (ICE, DOJ, Va. Police, FBI, RI Police, IRS,
SSA, USDA-IG)
NJ member of $300 million counterfeit conspiracy sentenced to federal prison
(DOJ, ICE, FBI)
Mostafa Saberi Tehrani – Denial of Export privileges for five years (BIS)
Ernest Chornoletskyy – Denial of export privileges for 10 years (BIS)
Jordan joins CSI – will screen US-bound cargo
On March 18, 2014, US Customs and Border Protection (CBP) announced that
the Hashemite Kingdom of Jordan will participate in the Container Security Initiative (CSI). CBP says that CSI increases security for maritime containerized cargo
shipped to the United States from around the world by addressing the threat to
border security and global trade posed by the potential threat of terrorists and terrorist weapons in the maritime environment.
The Port of Aqaba will utilize near real-time remote imaging of a container examination process, while incorporating a live video transmission/feed to monitor the
inspection process. Non-intrusive inspection and radiation detection technology
will be used to screen high-risk containers before they are shipped to US ports.
CBP publishes correction to the C.F.R.
On March 14, 2014, US Customs and Border Protection (CBP) published in the
Federal Register a correction to 19 C.F.R. Parts 0 to 140 (April 2013 revision)
page 882 to revise the general authority to part 133.
CBP extends import restrictions on archaeological and ecclesiastical
ethnological materials from Honduras
On March 12, 2014, US Customs and Border Protection (CBP) published in the
Federal Register a final rule [CBP Dec. 14-03] amending CBP regulations to re23
International Trade Compliance April 2014
Baker & McKenzie
flect the extension of import restrictions on certain archaeological materials from
Honduras. These restrictions, which were last extended by CBP Decision (Dec.)
09–05, were due to expire on March 12, 2014, unless extended. The Assistant
Secretary for Educational and Cultural Affairs, United States Department of State
(Department of State), has determined that conditions continue to warrant the
imposition of import restrictions on the archaeological materials from Honduras
and to add restrictions on certain ethnological materials. The Designated List of
cultural property described in CBP Dec. 04–08 is revised in the final rule to reflect
the addition of the ethnological materials. The import restrictions imposed on the
archaeological and ecclesiastical ethnological materials from Honduras will be in
effect for a five year period, and the CBP regulations are being amended accordingly. These restrictions are being imposed pursuant to determinations of the Department of State made under the terms of the Convention on Cultural Property
Implementation Act in accordance with the United Nations Educational, Scientific
and Cultural Organization (UNESCO) Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural
Property. The Designated List, and accompanying image database, may be found
in the Federal Register document or online at the Bureau of Educational and Cultural Affairs website. The final rule was effective: March 12, 2014.
CBP Commissioner confirmed by US Senate, assumes office
On March 6, 2014, the US Senate confirmed the nomination of Gil Kerlikowske as
the Commissioner of US Customs and Border Protection (CBP). Mr. Kerlikowske,
who was sworn in March 7, 2014, was nominated by President Obama to fill a
vacancy that had existed for several years. The last Presidential appointee for
Commissioner was Alan Bersin, a recess appointee, but he was not confirmed by
the Senate and had to depart at the end of the last Congress. Mr. Kerlikowske
most recently served as the Director of the White House Office of National Drug
Control Policy (commonly referred to as the “Drug Czar”) and has a law enforcement background. He had previously served in the US Department of Justice and
as the Police Chief of Seattle, Washington, the Police Commissioner in Buffalo,
N.Y. and as a police officer in Florida.
CBP publishes modifications to CEE test
On March 10, 2014, U.S. Customs and Border Protection (CBP) published in the
Federal Register a notice modifying previous notices published by CBP regarding
its Centers of Excellence and Expertise (Centers) Test. Specifically, this document changes the scope of coverage for some of the Centers and the types of
entries that will be processed by the Centers, waives an additional regulation for
Center test participants, and clarifies the submission process for responses to
Requests for Information and Notices of Action.
Unless specified in the notice or in the Center Test Guidelines, which was recently renamed and will hereinafter be referred to as the “Centers of Excellence and
Expertise Trade Process Document”, all terms and conditions of the test and current CBP processes will remain unchanged.
24
•
The notice adds heading 8511, HTSUS, to the Automotive & Aerospace Center. The heading was previously covered by the Machinery Center.
•
The notice removes heading 7414, HTSUS, from the Base Metals Center because it
does not exist in the 2014 HTSUS. The notice also removes headings 7309 through
7311, HTSUS, from this Center and moves them to the Industrial & Manufacturing Materials Center. The notice adds heading 7415, HTSUS, to this Center as it was inadvertently omitted in the Center test notice published in the Federal Register (see 78
International Trade Compliance April 2014
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Fed. Reg. 20345). The notice also adds headings 8307 through 8311, HTSUS, which
were previously covered by the Machinery Center.
•
The notice also removes heading 7013, HTSUS, from the Consumer Products & Mass
Merchandising Center and moves it to the Industrial & Manufacturing Materials Center. The document adds heading 9619, HTSUS, to the Consumer Products & Mass
Merchandising Center as it was inadvertently omitted in the Center test notice published in the Federal Register (see 78 Fed. Reg. 20345). This document also adds
headings 8210 and 8539, HTSUS, which were previously covered by the Machinery
Center.
•
The notice removes heading 4414, HTSUS, from the Industrial & Manufacturing Materials Center because it is already covered by the Consumer Products and Mass Merchandising Center. The document also removes heading 4815, HTSUS, from this
Center because it does not exist in the 2014 HTSUS. The document adds headings
2501 through 2530, HTSUS, which were previously covered by the Petroleum, Natural
Gas & Minerals Center. The document also adds heading 7013, HTSUS, which was
previously covered by the Consumer Products and Mass Merchandising Center. The
document also adds headings 7309 through 7311, HTSUS, which were previously
covered by the Base Metals Center. Finally, the document also adds heading 9406,
HTSUS, which was previously covered by the Machinery Center.
The effective date of the document is March 10, 2014.
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.]
F.R. Date
03-03-14
03-10-14
03-11-14
03-13-14
03-18-14
03-24-14
03-27-14
03-28-14
03-31-14
Subject
Agency Information Collection Activities: Declaration of Owner and Declaration
of Consignee when Entry is made by an Agent
Agency Information Collection Activities: Haitian Hemispheric Opportunity
Through Partnership Encouragement Act of 2006
Agency Information Collection Activities: Importation Bond Structure
Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory [Romeoville, IL]
Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory [Vancouver, WA]
Accreditation of SEA, Ltd., as a Commercial Laboratory [Columbus, OH]
Agency Information Collection Activities: CBP Regulations Pertaining to Customs Brokers
Notice of Reinstatement of Customs Broker Licenses
Agency Information Collection Activities: Foreign Trade Zone Annual Reconciliation Certification and Record Keeping Requirement
Agency Information Collection Activities: Documents Required Aboard Private
Aircraft
Agency Information Collection Activities: Cost Submission
Agency Information Collection Activities: e-Allegations Submission
Agency Information Collection Activities: Entry of Articles for Exhibition
Agency Information Collection Activities: Notice of Detention
Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and
Laboratory [Wilmington, NC]
Accreditation and Approval of AmSpec Services, LLC, as a Commercial Gauger and Laboratory [South Portland, ME]
CBP announces “ACE Deployment C” for April, focusing on exports,
cargo release and entry summary
On March 10, 2014, US Customs and Border Protection (CBP) announced that
following the successful implementation of Deployments A and B, it is deploying
25
International Trade Compliance April 2014
Baker & McKenzie
additional capabilities in April as part of ACE Deployment C. Capabilities are focused on Exports, Cargo Release and Entry Summary.
Deployment C is the third of seven deployments comprising the plan to deliver
core trade processing capabilities in the Automated Commercial Environment
(ACE) and decommission the corresponding capabilities in legacy systems by the
end of 2016. To meet this timeline, the following dates have been established by
which the trade community must file in ACE:
May 1, 2015: Mandatory use of ACE for all electronic manifest filing - Filing of all electronic import and export cargo manifest data related to all modes of transportation will
be mandatory in ACE.
November 1, 2015: Mandatory use of ACE for all electronic cargo release and related
entry summary filings - Filing of all data associated with the release of imported cargo
from the government’s custody, including data related to PGA interactions, and the
associated entry summaries will be mandatory in ACE. Filers submitting ACE Cargo
Release Entries will need to file the corresponding Entry Summaries in ACE. (Both
ACE Cargo Release Entries and Entry Summaries are filed via ABI and not via the
ACE Portal.)
October 1, 2016: Mandatory use of ACE for all remaining electronic portions of the
CBP cargo process - All electronic trade processing will be mandatory in ACE. This includes processes such as Drawback and Protest.
A complete listing of current and future deployed ACE capabilities, including the above
mentioned mandatory dates, is available in the ACE Development and Deployment
Schedule.
Capabilities being deployed on April 5th, 2014:
ACE Cargo Release (also known as Simplified Entry [SE]):
•
The ACE Cargo Release pilot is being expanded to accept, process and release
(a) all ocean and rail shipments and (b) basic truck shipments. Only those truck
shipments that do not include in-bond movements or partial quantities will be eligible to be filed as ACE cargo release entries in this deployment.
•
The pilot will also be expanded to include entries certified from summary. Trade
participants will have the ability to request cargo release certification from their
ACE Entry Summary record in ACE for air, ocean and rail shipments. (Certification from entry summary for truck shipments will be available in the next ACE deployment.)
•
The Customs and Trade Automated Interface Requirements (CATAIR) documents were updated and posted.
Entry Summary:
•
ACE will include additional entry summary validations for Merchandise Processing
Fee (MPF) and complex duty calculations, i.e., those entry summary lines with
two Harmonized Tariff Schedule (HTS) classifications.
•
The CATAIR documents have been updated to incorporate these validations and
posted.
Exports: Automated Export System (AES) Re-engineering in ACE
•
This deployment migrates the re-engineered Automated Export System (AES)
commodity filing process from the current AES legacy system into the ACE platform.
•
The existing AES post-departure filing option (Option 4) will be available in the
new ACE/AES platform for all existing and approved Option 4 filers.
Exports: Census Regulatory Changes
•
26
International Trade Compliance April 2014
Regulatory changes for the Census Bureau will be incorporated.
Baker & McKenzie
•
Post-departure filing time will be changed from ten to five calendar days from the
date of exportation.
•
Data fields will be added for Ultimate Consignee Type and License Value.
•
The Foreign Trade Zone Identifier will be increased from five to seven alphanumeric characters.
Exports: Bureau of Industry and Security (BIS) regulatory changes
•
Regulatory changes for the Bureau of Industry and Security will be incorporated.
•
A placeholder will be provided for the potential expansion of the Export Control
Classification Number (ECCN) in support of potential future regulatory changes.
•
Better validations and edits will be provided on license data to enhance processing of filings and notifications.
Exports: Advance Export Information (AEI)
•
A pilot program, run by Census Bureau and the CBP Office of Field Operations, to
determine the utility of the Advance Export Information (AEI) filing option, will be
incorporated. The AEI filing option will not be available in production until Census
and CBP select the trade pilot participants.
•
AEI will allow for a filing option to include 10-12 pre-departure data elements, with
the remaining data elements to be filed 5 days after export and will not impact existing option 4 filers.
The Automated Export System Trade Interface Requirements (AESTIR) has been updated to reflect the above changes.
CBP provides guidance for Vancouver vessel diversions
On March 19, 2014, US Customs and Border Protection issued CSMS #14000163 Vancouver Vessel Diversions Due to the Port of Metro Vancouver Strike.
The CSMS provides information relating to requests for vessel diversions to US
ports as a result of the Metro Vancouver, Canada truck driver strike.
The CSMS said that all elements of the Trade Act will be enforced. Cargo shipments that
do not meet the Trade Act requirements may be subject to CBP enforcement actions. All
other laws and regulations enforced by CBP, including Importer Security Filing (ISF) will be
applicable to these shipments and to the transporting conveyances. Importers are reminded that shipments must comply with laws of partnering government agencies, and are subject to enforcement actions if these regulations are not met. The CSMS continued:
The current regulatory requirements for ISF should still be followed. For cargo that is
entering into the commerce of the U.S., an ISF-10 is required, and for cargo that is
transiting the U.S. (IE, T&E), an ISF-5 is sufficient. If the cargo was originally identified as “Freight Remaining on Board”, and is intended to be discharged and transit to
Canada, the original ISF-5 for that cargo satisfies your ISF filing requirements.
It should be noted that all diverted cargo is subject to normal CBP processes, including targeting, enforcement examination and large-scale non-intrusive inspection at the
actual port of discharge.
For cargo that would have been subject to a “DO NOT LOAD” order had the information been transmitted 24 hours prior to lading in the foreign port, CBP may deny
permission for the carrier to unlade the cargo. Under no circumstances will unscreened cargo be discharged in the U.S.
For vessels that meet all of the following conditions, the Port Director will make a
case-by-case determination for the carriers that will be allowed to discharge:
27
International Trade Compliance April 2014
•
The carrier has transmitted cargo information to CBP via the Automated Commercial Environment reflecting the actual U.S. port of unlading (diversion port);
•
CBP officers have had the opportunity to screen the cargo and none of the shipments are determined to be of such high risk that discharge would not be authorized; and
Baker & McKenzie
•
The Port Director has approved the carrier’s request for the diversion. Requests
for diversion of vessels not originally calling at a U.S. port shall be submitted via a
CBP Form 3171 (Application-Permit-Special License Unlading-Lading-Overtime
Services)
Revocations or modifications of CBP rulings
There were no proposals made or actions taken that were published in the weekly
Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify binding rulings
or treatment previously accorded to substantially identical merchandise.
CSMS messages
The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update:
Date
03-03-14
03-04-14
03-05-14
03-06-14
03-07-14
CSMS#
Title
14-000126
Local Closure for Port of Baltimore on March 3, 2014
Local Closure for the Ports of Richmond, VA and Charleston,
WV for March 3, 2014
Local Closure for the Port of Norfolk-Newport News, VA for
March 3, 2014
ISF Rejections
ISF Rejections - Resolved
Scheduled Weekly ACE Certification Outage for March 5, 2014
Actualización Mensual de ACE Para enero 2014
FDA Import Trade Auxiliary Communication System (ITACS)
Enhancement
Boston Trade Day - May 7, 2014
ACE Certification Environment Now Available!
Updated ACE Development and Deployment Schedule Available on CBP.gov
FDA ITACS Intermittent Document Upload Issue RESOLVED
EPA Supplemental Guidelines Available
Weekly ACE Production Outage beginning March 8, 2014
Weekly ACE Production Outage beginning March 8, 2014
February 2014 ACE Monthly Trade Update
Clarification: Filing Entry and Entry Summaries in the Automated Commercial Environment
ACS updated to allow SPI CODES 'C#', 'K#' and 'L#' for eligible
countries - HTS GSN 3(C
CBP Looking for Responses from the Electronics Industry on
Survey Regarding CEE
Scheduled Weekly ACE Certification Outage for March 12,
2014
FDA Move LA Import Operation Branch to Long Beach, closed
noon Mar. 13, open Mar. 17
Re-Designed ACE and Automated Systems Pages on CBP.gov
ACE Certification Environment Now Available!
Champlain Trade Day – April 2, 2014
Deadline Extended on Electronics CEE Survey until March 19th
Reroute Request for Periodic Monthly Statements
The February 2014 version of the “ACEopedia” has been posted to CBP.gov.
Delays in ISF Processing
Intermittent System Issues Processing ACE Entry Summaries
3/16/2014
Local Closure- Port of Baltimore March 17, 2014
Resolved - Intermittent System Issues Processing ACE Entry
Summaries 3/16/2014
14-000127
14-000128
14-000129
14-000130
14-000131
14-000132
14-000133
14-000134
14-000135
14-000136
14-000137
14-000138
14-000139
14-000140
14-000141
14-000142
03-10-14
14-000143
14-000144
03-11-14
14-000145
14-000146
03-12-14
03-14-14
14-000147
14-000148
14-000149
14-000150
14-000151
14-000152
14-000153
03-16-14
03-17-14
28
International Trade Compliance April 2014
14-000154
14-000155
14-000156
Baker & McKenzie
Date
03-18-14
03-19-14
03-21-14
03-23-14
03-25-14
03-26-14
03-27-14
03-28-14
CSMS#
Title
14-000157
14-000158
14-000159
14-000160
Resolved - Delays in ISF Processing
March Preliminary Monthly Statements
March Preliminary Monthly Statements have been Routed
Miami Trade Day: April 2, 2014
Scheduled Weekly ACE Certification Outage for March 19,
2014
ACE Certification Environment Now Available
Vancouver Vessel Diversions Due to the Port of Metro Vancouver Strike
Trade Day 2014-Port of Charlotte, NC
Weekly ACE Production Outage beginning March 22, 2014
Unscheduled Outage to ACS on March 22, 2014
ACE Production is now Available
Scheduled Weekly ACE Certification Outage for March 26,
2014
Scheduled Weekly ACE Certification Outage for March 26,
2014
No Final ABI Statements Generated
Resolved- No Final ABI Statements Generated
ACE Certification Environment Now Available
Problems Processing E214s
ABI Statement Issue
Posting of Updated CEE Trade Process Document
Weekly ACE Production Outage beginning March 29, 2014
Problems Processing E214s Resolved
14-000161
14-000162
14-000163
14-000164
14-000165
14-000166
14-000167
14-000168
14-000169
14-000170
14-000171
14-000172
14-000173
14-000174
14-000175
14-000176
14-000177
ATF removes controls on certain USMIL items
On March 27, 2014, the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) published in the Federal Register an interim rule and request for comments
[Docket No. ATF-25I; AG Order No. 3423-2014] amending the ATF regulations to
remove those defense articles currently on the US Munitions Import List (USMIL)
that ATF by delegation has determined no longer warrant import control under the
Arms Export Control Act (AECA). This action is being taken as part of a review
conducted for the Export Control Reform initiative, which identified articles that no
longer needed to be controlled on the US Munitions List (USML, and transferred
them to Commerce controls). This interim final rule is effective April 28, 2014.
Background: By Executive Order 13637 of March 8, 2013, the President delegated his AECA authority to the Secretary of State with respect to the export, reexport and temporary import of defense articles and defense services and to the
Attorney General with respect to controlling the permanent import of defense articles and defense services. That executive order also requires that the Attorney
General obtain the concurrence of the Secretary of State and the Secretary of
Defense and provide notice to the Secretary of Commerce for designations, including changes in designations, of defense articles and defense services subject
to permanent import control.
The Secretary of State’s authority is implemented through designations to the
USML of the International Traffic in Arms Regulations (ITAR found in 22 C.F.R.
Part 120 et seq.). While the Attorney General’s authority is implemented (by delegation to the Director, ATF) by designation of articles to the USMIL, which is
found in 27 C.F.R. Part 447.
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International Trade Compliance April 2014
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BIS implements June 2013 Australia Group understandings
On March 26, 2014, the Bureau of Industry and Security (BIS) published in the
Federal Register a final rule [Docket No. 131211999–3999–01] which amends the
Export Administration Regulations (EAR) to implement the understandings
reached at the June 2013 plenary meeting of the Australia Group (AG) and the
December 2012 AG intersessional decisions. Specifically, this rule amends the
Commerce Control List (CCL) entry in the EAR that controls equipment capable
of handling biological materials to reflect the 2013 AG Plenary understanding that
clarifies controls on fermenters, and certain components thereof, in the AG “Control List of Dual-Use Biological Equipment and Related Technology and Software.” The rule also amends the CCL entry that controls certain animal pathogens to reflect a recommendation made at the 2013 AG Plenary meeting, which
was later adopted pursuant to the AG silent approval procedure, to revise the AG
“List of Animal Pathogens for Export Control” to clarify the controls on the Lyssavirus genus. In addition, the rule amends the EAR to reflect the addition of Mexico
as a participating country in the AG following the 2013 AG Plenary meeting.
The recommendations agreed to through the silent approval procedure included
changes to the controls on Clostridium perfringens in the AG “List of Biological
Agents for Export Control” and changes to the description of “genetic elements,”
which are included in three of the AG common control lists. This rule also amends
the CCL entry that controls chemical manufacturing facilities and equipment to
reflect the AG intersessional decision to clarify the controls that apply to certain
agitators for use in reaction vessels or reactors described in the CCL entry and to
impellers, blades or shafts designed for such agitators.
The rule also adds a License Exception STA paragraph to the CCL entry that controls human and zoonotic pathogens and toxins to clarify the scope of eligible
items. Finally, the rule amends the EAR to reflect the addition of Somalia and Syria as States Parties to the Chemical Weapons Convention (CWC). The rule is
effective March 26, 2014. Comments on the information collection may be submitted at any time.
BIS publishes updated statements of legal authority
On March 19, 2014, BIS published in the Federal Register a final rule which updates the Code of Federal Regulations (C.F.R.) legal authority paragraphs in the
Export Administration Regulations (EAR) to cite a Presidential notice extending
an emergency declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the
EAR. It does not alter any right, obligation or prohibition that applies to any person
under the EAR.
OFAC issues Iran General License G
On March 19, 2014, the Office of Foreign Assets Control (OFAC) issued General
License G to the Iran Sanctions to authorize certain academic exchanges and the
exportation or importation of certain educational services.
With certain exceptions, accredited graduate and undergraduate degree-granting
academic institutions located in the United States (collectively, “US academic institutions”), including their contractors, are authorized to enter into student academic exchange agreements with universities located in Iran (collectively, “Iranian
universities”) related to undergraduate or graduate educational courses, and to
engage in all activities related to such agreements, including, but not limited to,
30
International Trade Compliance April 2014
Baker & McKenzie
the provision of scholarships to students enrolled in Iranian universities to allow
such students to attend US academic institutions.
The license also authorizes (with certain exceptions) educational services, including:
(1) US academic institutions, including their contractors, are authorized to export services:
(i) in connection with the filing and processing of applications and the acceptance of
payments for submitted applications and tuition from or on behalf of individuals who
are located in Iran, or located outside Iran but who are ordinarily resident in Iran;
(ii) related to the recruitment, hiring, or employment in a teaching capacity of individuals who are located in Iran, or located outside Iran but who are ordinarily resident in
Iran, and regularly employed in a teaching capacity at an Iranian university, provided
that no such individuals are employed in a teaching capacity within the United States
without being granted appropriate visas by the US Department of State or authorization from the US Department of Homeland Security; and
(iii) to individuals located in Iran, or located outside Iran but who are ordinarily resident
in Iran, to sign up for and to participate in undergraduate level online courses (including Massive Open Online Courses, coursework not part of a degree seeking program,
and fee-based courses) provided by US academic institutions in the humanities, social
sciences, law, or business provided that the courses are the equivalent of courses ordinarily required for the completion of undergraduate degree programs in the humanities, social sciences, law, or business, or are introductory undergraduate level science,
technology, engineering, or math courses ordinarily required for the completion of undergraduate degree programs in the humanities, social sciences, law, or business.
(2) U.S. persons who are actively enrolled in US academic institutions are authorized
to (i) participate in educational courses or engage in noncommercial academic research at Iranian universities at the undergraduate level, or (ii) participate in educational courses at the graduate level or engage in noncommercial academic research at
Iranian universities in the humanities, social sciences, law, or business at levels above
the undergraduate level.
(3) US persons are authorized to export services to Iran in support of the following notfor- profit educational activities in Iran: combating illiteracy, increasing access to education, and assisting in educational reform projects.
(4) US persons, wherever located, are authorized to administer professional certificate
examinations and university entrance examinations, including, but not limited to, multiple choice standardized tests, and to provide those services that are necessary or required for admission to U.S. academic institutions, to individuals who are located in
Iran or located outside Iran but who are ordinarily resident in Iran.
The general license does not authorize the exportation or reexportation of any
goods (including software) or technology (see 31 C.F.R. § 560.418 & Note 1 addressing releases of technology or software to foreign nationals) to (i) the Government of Iran, or (ii) Iran, except for technology or software released under this
General License that is designated as EAR99 under the Export Administration
Regulations (EAR), 15 C.F.R. parts 730 through 774, or constitutes Educational
Information not subject to the EAR, as set forth in 15 C.F.R. 734.9, and the release does not otherwise require a license from the Department of Commerce; or
the exportation or reexportation of services to any person whose property and
interests in property are blocked pursuant to any part of 31 C.F.R. chapter V other
than part 560.
In notes to the general license, funds transfers and loan payments in connection
with authorized services are permitted. The notes also recognize academic publishing, certain software and hardware transfers and visa activities under other
regulatory provisions or general licenses.
31
International Trade Compliance April 2014
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OFAC publishes names for Ukrainian Sanctions
On March 17, 2014, the Office of Foreign Assets Control (OFAC) posted an updated list of specially designated nationals and blocked persons. Included were
several Ukrainians associated with the previous regime, and Russians who are
senior advisors in the Russian government or members of the Duma. These persons are subject to Executive Orders 13660 and 13661 which imposed sanctions
in connection with the recent events involving the Ukraine (See above for the Executive Orders). The list includes various alternative spelling combinations for
some of the individuals.
OFAC publishes Iran General License D-1
On March 11, 2014, the Office of Foreign Assets Control (OFAC) published in the
Federal Register a notice publishing General License D-1 issued under the Iranian transactions sanctions program on February 7, 2014. General License D-1
authorizes the exportation, reexportation, or provision to Iran of certain services,
software, and hardware incident to personal communications, subject to certain
limitations, as well as the importation into the United States of certain software
and hardware previously exported to Iran. The License was effective February 7,
2014.
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):
F.R. Date
Applicable orders
03-05-14
OFAC: Additional Designations, Foreign Narcotics Kingpin Designation Act (7
individuals, 10 entities)
FTC seeks comments on review of rules, regulations, policies or interpretation of FPLA
On March 19, 2014, the Federal Trade Commission (FTC) published in the Federal Register an advance notice of proposed rulemaking and request for public
comment on the overall costs, benefits, necessity, and regulatory and economic
impact of the FTC’s Rules, Regulations, Statements of General Policy or Interpretation and Exemptions under the Fair Packaging and Labeling Act (FPLA). The
request is in connection with the FTC’s systematic review of its rules and guides
to ensure they continue to achieve their intended purpose without unduly burdening commerce. Comments must be submitted by May 21, 2014.
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:
32
F.R. Date
Subject
03-10-14
CPSC: Safety Standard for Carriages and Strollers [Docket No. CPSC–2013–
0019] (FR)
International Trade Compliance April 2014
Baker & McKenzie
F.R. Date
Subject
03-11-14 FTC: Adjustments to Civil Penalty Amounts (FR)
03-13-14 FTC: Modified 10-Year Regulatory Review Schedule (N/RFC)
FTC: Rules, Regulations, Statements of General Policy or Interpretation and
03-19-14
Exemptions under the Fair Packaging and Labeling Act (AN)
CPSC: Safety Standard for Soft Infant and Toddler Carriers [Docket No.
03-28-14
CPSC–2013–0014] (FR)
TTB announcements and Federal Register documents
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has posted the following
information or regulatory actions of interest to international traders :
Date
03-11-14
03-27-14
Subject
TTB Ruling 2014–3, Bottling Taxpaid Wine in Growlers or Similar Containers
for Consumption Off of the Premises
Electronic Submission of Forms, the Finished Products Records for Distilled
Spirits Plants, and Closures on Certain Distilled Spirits Products [Docket No.
TTB–2014–0004; T.D. TTB–119] (FR)
FDA Federal Register documents
The FDA has posted the following Federal Register guides, notices or documents
which may be of interest to international traders:
F.R. Date
03-03-14
03-05-14
03-11-14
03-13-14
03-25-14
03-26-14
33
International Trade Compliance April 2014
Subject
Food Labeling: Revision of the Nutrition and Supplement Facts Labels [Docket
No. FDA–2012–N–1210] (PR)
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 [Docket No. FDA–2004–N–
0258 (Formerly Docket No. 2004N–0456)] (PR)
Food Labeling: Serving Sizes; Reference Amount and Serving Size Declaration for Hard Candies, Breath Mints [Docket No. FDA–1994–P–0314 (Formerly Docket No. 94P–0168)] (PR/withdrawal)
Draft Guidance for Industry on Ingredients Declared as Evaporated Cane
Juice; Reopening of Comment Period; Request for Comments [Docket No.
FDA–2009–D–0430] (RO/RFC)
Food Additives Permitted for Direct Addition to Food for Human Consumption;
Vitamin D2 Bakers Yeast [Docket No. FDA-2009-F-0570] (FR)
Environmental Impact Statement for the Proposed Rule, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption;
Public Meeting on Scoping of Environmental Impact Statement and Extension
of Comment Period for Environmental Impact Statement [Docket No. FDA2011-N-0921] (N)
Food Additives Permitted in Feed and Drinking Water of Animals; Benzoic
Acid [Docket No. FDA-2012-F-1100] (FR)
Medical Device Classification Procedures [Docket No. FDA-2013-N-1529]
(PR)
Focused Mitigation Strategies to Protect Food Against Intentional Adulteration;
Extension of Comment Period [Docket No. FDA-2013-N-1425] (PR/E)
Draft Guidance for Industry on Labeling for Human Prescription Drug and Biological Products Approved Under the Accelerated Approval Regulatory Pathway; Availability [Docket No. FDA-2014-D-0250] (N)
Designation of High-Risk Foods for Tracing and for Scientific Data and Information; Extension of Comment Period [Docket No. FDA–2014–N–0053] (N/E)
Implementation of the Food and Drug Administration Food Safety Moderniza-
Baker & McKenzie
F.R. Date
Subject
tion Act Amendments to the Reportable Food Registry Provisions of the Federal Food, Drug, and Cosmetic Act [Docket No. FDA–2013–N–0590] (ANPR)
Draft Guidance for Industry: Prior Notice of Imported Food Questions and An03-31-14
swers (Edition 3); Availability [Docket No. FDA-2011-N-0179] (N)
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]:
F.R. Date
Subject
AMS: Kiwifruit Grown in California and Imported Kiwifruit;
03-04-14 Relaxation of Minimum Grade Requirement [Doc. No. AMS-FV-13-0032;
FV13-920-1 FIR] (FR)
APHIS: Importation of Jackfruit, Pineapple, and Starfruit From Malaysia Into
03-19-14
the Continental United States [Docket No. APHIS-2011-0019] (FR)
APHIS: Notice of Availability of Evaluations of the Foot-and-Mouth Disease
03-24-14 and Rinderpest Status of a Region of Patagonia, Argentina [Docket No.
APHIS–2013–0105] (N)
AMS: Beef Promotion and Research; Reapportionment [No. AMS-LPS-1303-25-14
0079] (PR)
FSIS: Codex Alimentarius Commission: Meeting of the Codex Committee on
Pesticide Residues [Docket No. FSIS-2014-0007] (N/H)
APHIS: Importation of Potatoes From Mexico [Docket No. APHIS–2013–0037]
03-26-14
(FR)
FSIS: Eligibility of the Republic of Korea To Export Poultry Products to the
United States [Docket No. FSIS–2012–0019] (FR)
AMS: Watermelon Research and Promotion Plan; Importer Membership Requirements [Document Number AMS-FV-11-0031] (FR)
03-31-14 AMS: Specified Commodities Imported into the United States, Exempt from
Import Regulations; Request for Extension of a Currently Approved Information Collection [Doc. No. AMS–FV–14–0004; FV14–944–1] (RFC)
FAS GAIN reports
Below is a partial list of Global Agriculture Information Network (GAIN) reports
that were recently issued by the US Foreign Agriculture Service (FAS) in the Food
and Agricultural Import Regulations and Standards (FAIRS) 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.
•
•
•
•
•
•
•
•
•
•
•
•
34
International Trade Compliance April 2014
Canada
Canada
China
China
China
Ecuador
EU
Hong Kong
Hong Kong
Hong Kong
India
Italy
Full National Pig Traceability Becomes Mandatory
Canada to Extend Administrative Monetary Penalties to the Meat Sector
SPS 635-Maximum Residue Limit of Pesticides in Foods
MOA Regulation on Feed and Feed Additive Import Registration
National Food Safety Standard of Pathogen Limits for Food
Food Processing Ingredients
The EU's Country of Origin Labeling (COOL) Policy
No Water or Liquid Injection into Meat Allowed
HKG Revised Pesticide List Updated but Unpublished
Exporter Guide 2014
Updated Guidelines for Importing Trade Shows Samples
FAS Rome and APHIS Negotiate Non-Human Primate Export Certificate
Baker & McKenzie
•
•
•
•
•
Mexico
Nicaragua
Russia
Singapore
Vietnam
Mexico Publishes Final Potato Import Rule
FAIRS - Certification
Draft Amendments to GMO information in CU TR on Food Labeling
FAIRS - Narrative
MinHealth Publishes Declaration of Conformity Process for Food
Government Procurement – Effective date of amendments
On March 17, 2014, the Office of the US Trade Representative (USTR) published
in the Federal Register a notice announcing that for the purpose of US Government procurement that is covered by Title III of the Trade Agreements Act of
1979, the effective date of the Protocol Amending the Agreement on Government
Procurement, done at Geneva on 30 March 2012, World Trade Organization
(WTO), is April 6, 2014, for the following Parties to the 1994 WTO Agreement on
Government Procurement: Canada, Chinese Taipei, Hong Kong, Israel, Lichtenstein, Norway, European Union, Iceland, and Singapore. For full text of the GPA
as amended by the Protocol and the new annexes, click here.
Government Procurement – DoD issues waiver of 10 U.S.C. 2534
for certain UK defense items
On March 3, 2014, the Department of Defense (DoD) published in the Federal
Register a notice [Docket No. DARS–2014–0015] advising that the Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the limitation
of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom
(UK). United States Code, Title 10, section 2534, limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver
will permit procurement of the following enumerated items from sources in the
UK, unless otherwise restricted by statute: air circuit breakers, gyrocompasses,
electronic navigation chart systems, steering controls, pumps, propulsion and
machinery control systems, and totally enclosed lifeboats This waiver is effective
for one year, beginning March 18, 2014 until March 17, 2015.
Commerce and Interior issue USVI duty free watch allocations
On March 7, 2014, the Department of Commerce (International Trade Administration) and the Department of the Interior published in the Federal Register a notice
allocating calendar year 2014 duty exemptions for watch assembly producers
(“program producers”) located in the United States Virgin Islands (“USVI”) pursuant to Public Law 97–446, as amended by Public Law 103–465, Public Law 106–
36 and Public Law 108–429 (“the Act”). In accordance with section 303.3(a) of the
regulations (15 C.F.R. §303.3(a)), the total quantity of duty-free insular watches
and watch movements for calendar year 2013 is 1,866,000 units for the USVI.
This amount was established in Changes in Watch, Watch Movement and Jewelry Program for the U.S. Insular Possessions, 65 Fed. Reg. 8048 (February 17,
2000). There are currently no program producers in Guam, American Samoa or
the Northern Mariana Islands.
Federal Register documents
The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies:
F.R. Date
03-03-14
35
International Trade Compliance April 2014
Subject
Energy: Energy Conservation Program: Energy Conservation Standards for
Residential Conventional Cooking Products [Docket No. EERE–2014–BT–
Baker & McKenzie
F.R. Date
03-04-14
03-05-14
03-07-14
03-10-14
03-12-14
03-13-14
03-17-14
03-18-14
03-19-14
36
International Trade Compliance April 2014
Subject
STD–0005] (E)
Energy: Energy Conservation Program: Energy Conservation Standards for
Commercial Clothes Washers [Docket No. EERE-2012-STD- 0020] (PR)
Energy: Energy Efficiency Program for Industrial Equipment: Interim Determination Classifying CSA Group as a Nationally Recognized Certification
Program for Small Electric Motors [Docket No. EERE-2013-BT-DET-0053]
Interim determination/RFC
Justice: Authorization To Seize Property Involved in Drug Offenses for Administrative Forfeiture (2012R–9P) [AG Order No. 3421–2014] (FR)
Environmental Protection Agency (EPA): Fluopicolide; Pesticide Tolerances
[EPA–HQ–OPP–2012–0941; FRL–9906–19] (FR)
EPA: Metconazole; Pesticide Tolerances [EPA–HQ–OPP–2013–0656; FRL–
9906–13] (FR)
EPA: Triflumizole; Pesticide Tolerances [EPA–HQ–OPP–2012–0949; FRL–
9906–47] (FR)
Drug Enforcement Administration (DEA): Controlled Substances: 2014 Proposed Aggregate Production Quota for Four Temporarily Controlled Synthetic Cannabinoids [DEA #390P] (N)
DEA: Schedules of Controlled Substances: Temporary Placement of 10 Synthetic Cathinones Into Schedule I [Docket No. DEA–386] Final Order
NHTSA: Early Warning Reporting, Foreign Defect Reporting, and Motor Vehicle and Equipment Recall Regulations [Docket No. NHTSA—2012–0068;
Notice 4] (N)
EPA: Product Cancellation Order for Certain Pesticide Registrations; Correction [EPA–HQ–OPP–2009–1017; FRL–9905–45] (N/C)
Energy: Energy Conservation Program: Test Procedures for Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps [Docket No.
EERE-2012-BT-TP-0032] (PR)
EPA: Product Cancellation Order for Certain Pesticide Registrations [EPA–
HQ–OPP–2009–1017; FRL–9905–37] (N)
Energy: Energy Conservation Program: Energy Conservation Standards for
Automatic Commercial Ice Makers [Docket Number EERE-2010-BT-STD0037] (PR/H)
EPA: Proposed Information Collection Request; Comment Request; Recordkeeping Requirements for Producers, Registrants and Applicants of Pesticides and Pesticide Devices under Section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); EPA ICR Number 0143.12, OMB Control Number 2070-0028 [EPA-HQ-OECA-2014-0132; FRL – 9908-14-OECA]
(N)
Energy: Energy Conservation Program: Data Collection, Comparison with
Forecasted Unit Sales of Five Lamp Types [Docket No. EERE-2011-BTNOA-0013] (N)
Energy: Energy Efficiency Programs for Consumer Products: Energy Conservation Standards for Commercial and Industrial Air Compressors [Docket
No. EERE-2013-BT-STD-0040] (N/H/E)
Energy: Energy Conservation Program for Consumer Products: Representative Average Unit Costs of Energy (N)
Pipeline and Hazardous Materials Safety Administration (PHMSA) Hazardous Materials: Adoption of Certain Special Permits and Competent
Authorities into Regulations [Docket No. PHMSA-2011-0158 (HM-233C)]
(FR)
US Fish and Wildlife Service (FWS): Endangered and Threatened Wildlife
and Plants; Reinstatement of the Regulation that Excludes U.S. Captive-Bred
Scimitar-Horned Oryx, Addax, and Dama Gazelle from Certain Prohibitions
[Docket No. FWS–HQ–IA–2014–0010; 92220–1113–0000; ABC Code: C6]
(FR)
EPA: Ipconazole; Pesticide Tolerances [EPA-HQ-OPP-2012-0796; FRL9907-25] (FR)
EPA: Electronic Reporting; Toxic Substances Control Act Notifications of
Substantial Risk and For Your Information Submissions [EPA-HQ-OPPT2012-0159; FRL-9401-1] (N)
Baker & McKenzie
F.R. Date
03-21-14
03-24-14
03-25-14
03-26-14
03-27-14
03-28-14
03-31-14
Subject
EPA: Heat-killed Burkholderia spp. Strain A396 Cells and Spent Fermentation Media; Exemption From the Requirement of a Tolerance [EPA–HQ–
OPP–2011–0012; FRL–9907–41] (FR)
NHTSA: Notice of Receipt of Petition for Decision That Nonconforming 2010
Ferrari California Passenger Cars Are Eligible for Importation [Docket No.
NHTSA–2013–0107; Notice 1] (N)
NHTSA: Notice of Receipt of Petition for Decision That Nonconforming 2011
Ferrari 599 GTO Passenger Cars Are Eligible for Importation [Docket No.
NHTSA–2013–0108; Notice 1] (N)
NHTSA: Notice of Receipt of Petition for Decision That Nonconforming
2006– 2007 Ferrari 599 GTB Passenger Cars Manufactured Before September 1, 2007 Are Eligible for Importation [Docket No. NHTSA–2013–0109;
Notice 1] (N)
Notice of Receipt of Petition for Decision That Nonconforming 2011
Mitsubishi Outlander Multipurpose Passenger Vehicles Manufactured for
Sale in the Mexican Market Are Eligible for Importation [Docket No. NHTSA–
2013–0106; Notice 1] (N)
Energy: Assistance to Foreign Atomic Energy Activities (PR/RO)
EPA: Product Cancellation Order for Certain Pesticide Registrations [EPA–
HQ–OPP–2009–0207; FRL–9907–35] (N)
EPA: Pesticides; Consideration of Spray Drift in Pesticide Risk Assessment:
Extension of Comment Period [EPA–HQ–OPP–2013–0676; FRL–9908–29]
(E)
EPA: Pesticides; Consideration of Volatilization in Pesticide Risk Assessment: Notice of Availability and Request for Comment [EPA–HQ–OPP–
2014–0219; FRL–9907–92] (N/RFC)
EPA: Significant New Use Rules on Certain Chemical Substances; Withdrawal [EPA–HQ–OPPT–2012–0740; FRL–9907–54] (PR/W)
EPA: Notice of Receipt of Pesticide Products; Registration Applications to
Register New Uses [EPA-HQ-OPP-2014-0011; FRL-9907-93] (N)
Energy: Energy Conservation Program: Energy Conservation Standards for
Commercial Refrigeration Equipment [Docket Number EERE–2010–BT–
STD–0003] (FR)
EPA: S-metolachlor; Pesticide Tolerances [EPA–HQ–OPP–2012–0926;
FRL–9907–61] (FR)
EPA: Clethodim, Hydrogen Cyanamide, Flutolanil, Fosetyl-Aluminum, Hexaflumuron, and Piperalin Registration Review; Draft Human Health and Ecological Risk Assessments; Notice of Availability [EPA–HQ–OPP–2014–0216;
FRL–9908–11] (N)
EPA: Registration Review; Pesticide Dockets Opened for Review and Comment [EPA–HQ–OPP–2014–0215; FRL–9907–97] (N)
International Trade Administration, Commerce: Quarterly Update to Annual
Listing of Foreign Government Subsidies on Articles of Cheese Subject to an
In- Quota Rate of Duty
EPA: Withdrawal of Pesticide Petitions for Residues of Pesticide Chemicals
in or on Various Commodities [EPA-HQ-OPP-2013-0023; FRL-9907-04] (N)
Department of Homeland Security: Designation of Chile for the Visa Waiver
Program (FR)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
37
International Trade Compliance April 2014
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The Americas - South America
Argentina
Boletin Oficial publications
The following Decrees, Administrative Decisions and Resolutions (Res.) which
may be of interest to international traders were published in the Boletin Oficial de
la Republica Argentina (Official Gazette) or the Customs Bulletin during the period
covered by this Update [Unofficial translation].
BO Date
06-03-14
07-03-14
11-03-14
12-03-14
13-03-14
28-03-14
Subject
Directorate General of Customs: Decree 212/2014 (20 Feb. 2014) Deputy
Director General of Customs.
Science, Tech. and Innovation: Decreto 237/2014 (27 Feb. 2014) Specialial
temporary import and export regime)
National Admin. of Medicines, Food and Medical Technology (ANMATM):
Disp. № 1370/2014 (26 Feb. 2014) Prohibiting commercialization in the
national territory of a specified food product
ANMATM: Disp. № 1372/2014 (26 Feb. 2014) Prohibiting commercialization
in the national territory of a specified food product
AFIP: Gen. Res. № 3600 (5 March 2014) Communication and Notification
System Electronic Customs (SICNEA). General Resolution No. 3,474.
Amendment
AFIP: Gen. Res. № 3599 (05 March 2014) VUCE – Single window for foreign
trade
AFIP: Gen. Res. № 3602 (7 March 2014) Primary Customs Zone Delineation
in the jurisdiction of the Customs Division of Comodoro Rivadavia. Resolution
No. 59/98 (DGA). amendment
AFIP: Gen. Res. № 3604 (7 March 2014) Primary Customs Zone Delineation
in the jurisdiction of the Customs Division of Neuquén
AFIP: Gen. Res. № 3603 (7 March 2014) Tariff classification of goods in the
nomenclature in accordance with the procedure provided in the General
Resolution No. 1,618
ANMATM: Disp. № 1898/2014 (25 Mar. 2014) Prohibition on marketing of
named food product throughout the national territory
Bolivia
Documents
The following documents were posted on the Bolivian National Customs website:
Series
and №
Date
067/2014 14-03-14
071/2014
17-03-14
072/2014
38
International Trade Compliance April 2014
Abstract
Administrative Resolution No. 01-004-14 of RA-PE 03.14.2014,
approving the table of values and depreciation to be applied for
customs clearance of tractors and farm equipment (with or without
self-propelled), within the program legal sanitation of vehicles,
tractors, agricultural machinery trailers and semi undocumented
Statutory No. 133 of 08/06/2011.
Supreme Decree No. 1925 of 03.12.2014, expanding the export
quota soy beans in three hundred thousand (300,000) metric tons
in addition to the extent allowed by DS № 1514 06/03/2013, in
extended article 4 of DS № 1637 of 10/07/2013, after checking
sufficiency and supply in the domestic market.
Board Resolution No. of 12.03.2014 RD 01-009-14, approving the
instructions to enable storage and operation of transient business
outside the Customs Service
Baker & McKenzie
Series
and №
Date
073/2014
075/2014 18-03-14
077/2014 20-03-14
080/2014 28-03-14
Abstract
Board Resolution No. of 12.03.2014 RD 01-010-14, validating
Administrative Resolution of RA-PE 01-003-14 26/02/2014, Issued
By The Executive Chairman of the National Customs, approving
“Deferred Control Procedure”.
Ministerial Resolution No. 172 of 13.03.2014, Ministry of Economy
and Public Finance, the term and procedure for legal sanitation
and agricultural machinery tractor undocumented, under the Law
No. 133 of 08/06/2011
Board Resolution No. RD 01-012-14 of 18.03.2014, to start within
expands into force of the RD 01-007-14 02/14/2014 approving the
procedure for Customs Transit and manifests in National Customs
agencies in foreign areas by ten (10) business days additional,
that is, until 04/02/2014 including having to enter into force on
04/03/2014.
Administrative Resolution № RA-PE 01-005-14 of 28.03.2014,
approving the instructions and form of the relevant information for
the survey of agricultural tractors and machinery for implementation of sanitation program legal provisions of Law № 133 of 08-062011 Ministerial Resolution №172 13-03-2014 Ministry of Economy and Public Finances.
Brazil
Diário Oficial da União publications
The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official
Gazette) during the period covered by this Update.
DOU
Date
07-03-14
17-03-14
20-03-14
31-03-14
39
International Trade Compliance April 2014
Subject
SECEX Circular № 11 (06 March 2014) -. Updates the reference prices for
imports of polyvinyl chloride, not mixed with other substances, obtained by
suspension process (PVC-S), (NCM: 3904.10.10).
CAMEX Resolution № 19 (13 March 2014) Changes to 0% and 2% the rates
of import duty levied on goods Informatics and Telecommunications, on condition Ex-tariff
CAMEX Resolution № 20 (13 March 2014) Changes to 2% the rates of import duty levied on capital goods, on condition Ex-tariff
CAMEX Resolution № 21 (13 March 2014) Changes the Brazilian List of
Exceptions to the Common External Tariff of MERCOSUR and other
measures
SECEX Ordinance № 07 (19 March 2014) - Establishes criteria for allocation
of quota for imports, determined by CAMEX Resolution 21, of March 13,
2014.
SECEX Ordinance № 08 (19 March 2014) - Establishes criteria for allocation
of quota for imports, determined by CAMEX Resolution 21, of March 13,
2014.
SECEX Ordinance № 09 (28-03-14) Amends § 6 of Article 1 of Annex XVII of
SECEX Ordinance No. 23 of July 14, 2011, which provides for the Hilton
Quota
SECEX Circular № 12 (28-03-14) Announces approval of the commitment
price of exports to Brazil of semi-rigid cardboard boxes, coated, duplex and
triplex types of weight equal to or exceeding 200g/m2, ranked in items
4810.13.89, 4810.19.89 and 4810.92.90 of the Mercosur Common
Nomenclature - NCM, from Chile
Baker & McKenzie
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Chile
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 República de Chile (Official Gazette) or [Partial list; Unofficial translation].
Date
05-03-14
10-03-14
24-03-14
26-03-14
27-03-14
29-03-14
Subject
NCS: Circular No. 67 – (5 March 2014) Communicates Supreme Decree No.
1432 dated 10.24.2013, the Ministry of Finance (OJ 28.2.2014) for the application of Law 20,690 Elimination of customs duties for the import of goods
from LDCs and Instructions issued by this service to avail the tariff benefit
NCS: Res. № 1071 – Amendments to the Compendium of Customs Norms
NCS: Res. № 1238 – Entrance into force of instructions set forth in rules
Agriculture, etc.: Res. № 1512 Amending Resolution No. 5479, 2006, Establishing Regulations for Imports of Play That State, From United States
Agriculture, etc.: Res. № 1511 Amending Resolution No. 7,243, of 2012,
Plant Protection Requirements Established for Imports Of Play That State,
From the Member States of the European Community and Repeal Resolution No. 6067, 2005, and No. 1989, 2006
Agriculture, etc.: Res. № 1510 Amending Resolution No. 2820, 2010, Establishing Phytosanitary Import Requirements for Plants, Cuttings Twigs Granado O (Punica Granatum) and Chinese Wild Peach (Prunus Davidiana), From
the Member States of the European Community
Health: Decree № 65 Amending Decree No. 3, 2010, Regulations of the National System of Control of Pharmaceuticals for Human Use
Hacienda: Decree № 94 Rebates apply to customs duties on imports of raw
sugar, refined sugar grade 1 and 2 and refined sugar grade 3 & 4, and substandard
Hacienda: Decree № 59 amending exempt No. 389, 2013, declaring as an
International Fair “HOSPITAL EXPO 2014”
Classification opinions, advance rulings and classification
valuation and origin decisions
The National Customs Service has recently redesigned its website. Advance
Classification Rulings (Resoluciones Anticipadas Clasificación) from 2010 to the
present and Classification Opinions (Dictámenes de Clasificación) from 19932009 are available. Post entry Classification, valuation and origin decisions on
claims (fallos de reclamaciones) at the first and second instance levels from 2003
to the present are also available.
Colombia
TPTA information
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.
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Tariff Classification Resolutions
Tariff Classification Resolutions issued in 2013 may be found at
http://www.dian.gov.co/DIAN/13Normatividad.nsf/pages/Clasificacion_arancelaria
s_2013. For prior years, please see
http://www.dian.gov.co/DIAN/13Normatividad.nsf/pages/Clasificaciones_arancela
rias.
MinCIT, MinHacienda and DIAN Documents
The following documents of interest to international traders were posted by the
Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Hacienda) or the National Directorate of Taxes and Customs (DIAN):
Date
28-02-14
07-03-14
14-03-14
17-03-14
18-03-14
Subject
MinCIT: Decree 456 (28 Feb. 2014) . whereby the Government to consider
the recommendation made by the Committee at its meeting Triple 269, January 23, 2014, for the purposes of reviewing the Decree 074 of 2013 and
modify it to be relevant and extend, proceed to repeal Decree 074 of 2013
and temporarily sets new mixed tariffs for imports of apparel and footwear.
This Decree takes effect 30 calendar days from its publication in the Official
Journal
MinCIT: Circular 005 2014 (7 March 2014) Modifies Circular 032 November
20, 2013
DIAN: Circular № 12757000001787 (March 14, 2014) Ad-Valorem Levies
applicable to agricultural products reference their substitutes, agroindustrial
products or byproducts
MinCIT: Decree 555 by which the Government adopted the recommendations issued by the Committee at its meeting Triple 267, November 29, 2013,
in the sense of : • Fold tariff subheading 8543.70.90.00 order to identify LED
bulbs. • Keep new subheadings for temporary tariff of 0% set in Decree 1755
of 2013 for the subheading without unfolding.
DIAN: Circular № 000009-2014 (March 17, 2014) Reference Price of Agricultural Products
MinCIT: Circular 006, 2014 Resolution 000150 of 2014. Regulates Import
Quota Undenatured Ethyl Alcohol 2014
MinCIT: Circular 007, 2014 Resolution 000151 of 2014. Regulates quotas
Importing Goods Classifieds in Tariff Sub 2309.10.90.00 established in Decree 4388 of 2009.
MinCIT: Circular 008, 2014 Resolution 000152 of 2014. The Import Quota
Cheese Originating in the Swiss Confederation and the Principality of Liechtenstein regulates.
MinCIT: Circular 009, 2014. Decree 555 of 2014. Partially amending the Customs Tariff- 8543
Peru
Tariff Classification database
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 Admin-
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istration) or in the legal standards section of El Peruano (the Official Gazette) (ddmm-yy):
Date
05-03-14
09-03-14
11-03-14
12-03-14
19-03-14
21-03-14
22-03-14
25-03-14
26-03-14
Subject
Agriculture: Dir. Res. № 0003-2014-DSA MINAGRI SENASA – Establishes
mandatory health requirements for imports of certain goods from different
countries livestock
Agriculture: Dir. Res. № 0002-2014-DSA MINAGRI SENASA – Establishes
mandatory health requirements for imports of certain goods from different
countries livestock
Agriculture : Directorial Resolution No. 0011-2014-MINAGRI SENASA DSV
Removed from the phytosanitary requirements established by SENASA, various pests considered in the Additional Statement which forms part of the
phytosanitary certification for import into the country of plants, plant products
and regulated articles.
Agriculture: Directorial Resolution No. 0012-2014-MINAGRI SENASA DSV
Establishing general and specific to the import of sawn timber all requirements, regardless of volume, import arrangements or proposed use, and
establish other provisions.
National Institute of Antitrust and Intellectual Property Protection (INDECOPI): Resolution № 024-2014/CFD-INDECOPI They have officially start
the process of changed circumstances review anti-dumping duties imposed
by Resolution No. 180-2009/CFD-INDECOPI on imports of footwear with
uppers of textile materials and outer soles of other materials from Vietnam
Economics and Finance: Min. Res. № 005-2014-EF/15.01 CIF references for
the application of the additional variable duty or tariff reduction on imports of
corn, sugar, rice, and whole milk powder
Agriculture: Dir. Res. № 00004-2014-DSA MINAGRI SENASA - Establishes
mandatory health requirements for imports of horses from Panama and Uruguay.
SUNAT: Res. № 079-2014/SUNAT Approving new methods of payment
Foreign Affairs: Min. Res. № 0183/RE-2014 substantive provisions of UN Security Council Res. № 2142 (2014) on the situation in Somalia
SUNAT: Res. № 0016-2014/SUNAT/300000 Amends the general procedures for material for air usage INTA - PG.19 (ver 2) and the general procedure for letters carried by the Postal Service
Economics and Finance: Vice Min. Res. № 006-2014-EF/15.01 references
for the application of the additional variable duty or tariff reduction on imports
of corn, sugar, rice, and whole milk powder
SUNAT: Res. № 00118-2014-SUNAT/300000 Approving general procedure
“Simplified Restitution of Customs Duties” INTA-PG.07 (Ver.4) and modifying
the general procedure “Final Export” INTA-PG.02 (Ver. 6)
Asia-Pacific
[Please note that material pertaining to the Eurasian Economic Community (EurAsEC) and the Customs Union between Russia, Belarus and Kazakhstan is
shown under EUROPE.]
Australia
Anti-Dumping Commission transferred to the Department of Industry
Anti-Dumping Notice № 2014/24 of 27 March 2014 advised the general public
that the Anti-Dumping Commission (the Commission) will transfer from the Australian Customs and Border Protection Service (the ACBPS) to the Department Of
Industry (the Department), effective 27 March 2014. This transfer gives effect to
Machinery of Government (MOG) changes announced following the Federal election in September 2013.
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The Commission administers Australia’s anti-dumping system. The Commission
investigates alleged dumping and/or subsidisation of goods imported into Australia and imposes duties to address material injury such practices cause to the Australian industry that manufactures similar or the same goods. The work of the
Commission complies with the obligations established by the World Trade Organization and Australian legislation.
The Government, through its election commitment to boost the competitiveness of
Australian manufacturing, signalled the implementation of further reforms to
strengthen Australia’s anti-dumping system. The Coalition’s Policy to Boost the
Competitiveness of Australian Manufacturing detailed these reforms, including
transferring responsibility for anti-dumping to the Industry portfolio. Legislation
(the Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013) to
transfer the Commission from the ACBPS to the Department was passed in the
Parliament in December 2013. A range of other reforms to improve the effectiveness and efficiency of the anti-dumping system will be announced in the near future.
The Commission’s “anti-dumping” web pages will be updated to reflect the Commission’s transfer to the Department. Given the scope of the reference materials
that require updating, this process will continue post 27 March 2014.
This update will form part of a broader longer-term project to significantly rewrite
reference material to improve the readability of materials that detail complex and
technical dumping concepts. These improvements will enhance transparency and
will enable stakeholders to acquire a better understanding of the anti-dumping
system.
Australia imposes targeted financial sanctions with respect to the
Ukraine situation
On 19 March 2014, the Australian Government announced that it will impose targeted financial sanctions and travel bans against individuals who have been instrumental in the Russian threat to the sovereignty and territorial integrity of
Ukraine. The Hon. Julie Bishop stated:
I condemn in the strongest terms Russian President Vladimir Putin's move to annex
the Ukrainian territory of Crimea. The unauthorised vote in Crimea on 16 March, carried out while Russian forces were effectively in control of the territory, cannot form the
legitimate basis for any alteration of the status of Crimea.
The situation in Ukraine remains serious, with the potential for military confrontation.
The fatal attack on a Ukrainian serviceman in Crimea is deplorable and underlines the
volatility of the crisis Russia is fuelling.
Australia's financial sanctions and travel bans will cover 12 Russian and Ukrainian individuals at this point. These actions reaffirm Australia's clear and unequivocal support
for the territorial integrity and sovereignty of Ukraine.
Australia stands with the international community in taking action. We have remained
in close contact with friends and allies, including through our membership of the United Nations Security Council, where we have delivered strong protests to Russia about
its conduct in relation to Ukraine.
I continue to urge the Russian government to abide by its international obligations, including its responsibility as a permanent member of the United Nations Security
Council, for the maintenance of international peace and security. I call on Russia,
again, to change course.
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ACBP notices and advices
The following ACBP Notices (ACN) (other than anti-dumping and countervailing
duty) and Cargo advices (ACCA) were issued during the period covered by this
Update:
Date
03-14
Series and №
ACCA 2014/01
Title
Customs Type 3 Digital Certificate Rollover
Australian Tariff Precedents
The Australian Customs and Border Protection Service (ACBP) publishes and
posts its Tariff Precedent Files. Tariff Precedents are considered statements from
Customs made to provide guidance on various classification issues.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
China (including Hong Kong SAR)
MOFCOM and GAC notices
The following Ministry of Commerce (MOFCOM) and General Administration of
Customs (GAC) notices were posted during the period covered by this Update
(mm-dd-yy):
Date
13-03-14
Series and №
GAC Order No. 221
GAC Decree № 218
14-03-14 GAC Announcement № 21
27-03-14 GAC Announcement № 22
GAC Announcement № 23
27-03-14
GAC Announcement № 24
Subject
Customs Regulations Registration Unit People's Republic of China
Modifications of certain Customs regulations
Notice on the implementation of “People's Republic of China Customs processing trade
goods regulatory approach”
Electronic information exchange system under
the customs line operation and “Cross-Strait
Economic Cooperation Framework Agreement”
entry of goods declarations, norms related matters
Notice on the implementation of “People's Republic of China Customs import and export
goods declaration modify and revoke management approach” related issues
Implementation of the relevant issues, “People's Republic of China Customs import goods
directly returned Management Measures”
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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India
India launches safeguard investigation on sodium citrate
On 7 March 2014, India notified the WTO’s Committee on Safeguards that it initiated on 4 March 2014 a safeguard investigation on sodium citrate.
The investigation was initiated following the examination of the safeguard petition
of the domestic industry (DI) alleging serious injury and threat thereof caused by
increased import of the Product under Consideration (PUC) into India. Relevant
factors having significant bearing on the present deteriorating domestic industry,
as claimed by DI, inter-alia, are:
•
The import of subject product has shown an increasing trend in absolute terms as well
as in relative terms;
•
Share of domestic industry in domestic consumption and domestic demand has fallen
significantly;
•
Though the sale of the domestic industry has increased during the period from 201011 to 2013-14 (Annualised), the production of domestic industry declined in 2013-14
(Annualised);
•
Profitability of the domestic industry has steeply deteriorated, leading to financial losses.
Accordingly, it has been found that prima facie increased imports of PUC have
caused or threatening to cause serious injury to the domestic producers of PUC.
Hence, Director General (Safeguards) has decided to initiate the investigation.
India launches safeguard investigation on bare elastomeric filament
yarn
On 5 March 2014, India notified the WTO’s Committee on Safeguards that it initiated on 28 February 2014 a safeguard investigation on bare elastomeric filament
yarn.
The investigation was initiated following the examination of the safeguard petition
of the domestic industry (DI) alleging serious injury and threat thereof caused by
increased import of the Product under Consideration (PUC) into India. Relevant
factors having significant bearing on the present deteriorating domestic industry,
as claimed by DI, inter-alia, are:
•
The import of subject product has shown an increasing trend in absolute terms as well
as the relative terms;
•
Capacity utilization of the domestic industry has declined in the most recent period;
•
Share of domestic industry in domestic consumption and domestic demand has fallen
significantly;
•
Though sale of the domestic industry increased up to Q1 of 2013-14 as compared to
the preceding year 2012-13, it has decreased significantly from Q1 of 2013-14 to Q3
of 2013-14;
•
Profitability of the domestic industry has steeply deteriorated, leading to financial losses.
Accordingly, it has been found that prima facie increased imports of PUC have
caused or threatening to cause serious injury to the domestic producers of PUC.
Hence, Director General (Safeguards) has decided to initiate the investigation.
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Other CBEC and DGFT notifications, circulars and instructions
The following Central Board of Excise and Customs (CBEC) Customs notifications (NT-non tariff, T-tariff), circulars (Cir) and instructions (other than antidumping, countervailing duty and safeguard) and Directorate General of Foreign
Trade (DGFT) notifications were issued during the period covered by this Update:
Date
06-03-14
Series and №
Cir. № 06/2014
72 (RE-2013) / 2009-2014
07-03-14
Trade Notice No. 09/2013
12-03-14
73 (RE-2013) / 2009-2014
13-03-14
74 (RE-2013) / 2009-2014
23/2014-Cus. (NT)
14-03-14
55 (RE-2013) / 2009-2014
Subject
CBEC: Import of Gold by ‘eligible passengers’ in
terms of Notification No. 12/2012- Cus dated
17.03.2012 (Sl. No 321)
DGFT: Export Policy of Onions
DGFT: Revision in Appendix 37 A and 37 D of
Handbook of Procedure Volume I.
DGFT: Export Policy of Onions.
DGFT: Grant of relaxation for import of steel and
steel products from the applicability of Steel and
Steel Products (Quality Control) Second Order,
2012.
CBEC: Tariff value of various commodities
DGFT: Introduction of Online Export Obligation
Discharge Certificate (EODC) / Redemption for
Advance Authorization and Duty Free Import Authorization.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Indonesia
Regulations and other legal documents
The following import or export regulations and other documents were issued by
the Ministry of Trade (T), the Ministry of Finance (F) or Customs & Excise (CE)
(dd-mm-yy).
Date
24-02-14
01-03-14
21-03-14
25-03-14
Reference
Matter
Export Reference Price Top Products Processing
Mining Results subjected Duty
Export Reference Price Top Products Agriculture
(T)11/M-DAG/PER/2/2014
and Forestry subjected Duty
(F) Decree No.
On Export Price Determination For Duty Calculation
322/KM.4/2014
Amendment to the Regulation of the Minister of
(T)13/M-DAG/PER/3/2014 Trade No. 07/M-DAG/PER/1/2014 On Determination
of Value Freight And Insurance Value
Export Reference Price Top Products Processing
(T)15/M-DAG/PER/3/2014
Mining Results subjected Duty
(T)12/M-DAG/PER/2/2014
Japan
Japanese adopt sanctions with respect to recent actions in Ukraine
On March 18, 2014, the Minister for Foreign Affairs announced that Japan had
adopted measures against Russia over the Crimean referendum. The English
language release stated:
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1. The referendum in the Autonomous Republic of Crimea, Ukraine violates the constitution of Ukraine. It has no legal effect and Japan does not recognize its outcome.
2. Japan deplores that Russia has recognized independence of the Autonomous Republic of Crimea which infringes on unity, sovereignty and territorial integrity of
Ukraine. Japan can never overlook an attempt to change the status quo with force in
the background.
3. In the wake of such development, Japan has decided to take the following
measures vis-a-vis Russia: suspension of consultation for easing visa regulations as
well as freeze of launching negotiations of a new investment agreement, an outer
space cooperation agreement and an agreement for prevention of dangerous military
activities.
4. Japan strongly urges Russia to withdraw its recognition of independence of the Autonomous Republic of Crimea and not to attempt annexation of that, observing international law and respecting Ukraine’s unity, sovereignty and territorial integrity. Japan also expresses grave concern and apprehension over increasing tensions in the eastern
part of Ukraine.
Korea
South Korea - Canada FTA announced
Please see Canada section, above.
Korea Customs Service (KCS) Notices
The following KCS notices with a March effective date were posted. [Unofficial
automatic translation. Dates are mm-dd-yy]
Effective
Date
03-12-14
11-27-14
03-26-14
03-28-14
Number and Subject
№ 99 Notice of Exemption on import live fish management
№ 100 Notice regarding the operation of bonded factories
№ 101 Report an error notice on the Prevention of imports and exports
№ 102 Notice on the Bonded Transport
№ 103 Notice regarding the bonded cargo management
№ 104 Embodied bonded cargo management on the device and notice period
№ 105 Notice regarding the bonded dounyoung
№ 106 Notice regarding the bonded construction equipment management
№ 107 Notice regarding the operation of the patent bonded area
№ 108 Notice regarding travelers and crew baggage clearance
№ 109 Special items, such as e-commerce Notice regarding customs procedures
№ 110 Priority Notice on goods import customs paperwork
№ 111 Notice regarding the operation of self-managed bonded area
№ 113 Notice regarding import customs paperwork
№ 114 Notice regarding the managed Cargo Management
№ 115 Notice regarding traceability of imported goods distribution
№ 116 Line (units) supplies and line (machine) and unloading of goods on sale
notice in
№ 117 And management of a comprehensive authentication on an excellent company authorized notice
№ 118 Obtaining comprehensive certification and support operations authorized
an excellent company on notice
№ 119 Classification and change notification for import and export goods
Malaysia
Federal Government Gazette
The following documents were published in the Warta Kerajaan Persekutuan Federal Government Gazette
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Date
06-03-14
07-03-14
18-03-14
25-03-14
27-03-14
Matter
P.U. (A) 65/2014 - Customs (Values) (Crude Petroleum Oil) (No. 6) Order 2014
- Customs Act 1967
P.U. (B) 80/2014 - Notice to Third Parties - Anti-money Laundering and Anti terrorism Financing Act 2001
P.U. (A) 75/2014 - Customs (Anti-Dumping Duties) (Extension Of Time) Order
2014 - Countervailing and Anti-Dumping Duties Act 1993 and - Customs Act 1967
P.U. (B) 99/2014 - Notice of Affirmative Final Determination of an Anti-Dumping
Duty Investigation With Respect to Imports of Cellulose Fibre Reinforced Cement
Flat and Pattern Sheets Originating or Exported From the Kingdom of Thailand Countervailing and Anti-dumping Duties Act 1993
P.U. (B) 100/2014 - Notice of Negative Final Determination of an Anti-Dumping
Duty Investigation With Respect to Imports of Cellulose Fibre Reinforced Cement
Flat and Pattern Sheets Originating or Exported From the Kingdom of Thailand
- Countervailing and Anti-dumping Duties Act 1993
P.U. (A) 81/2014 - Customs (Anti-Dumping Duties) Order 2014 - Countervailing
And Anti-Dumping Duties Act 1993 and - Customs Act 1967
Customs rulings
Monthly compendiums of Customs classification rulings (with images where
available) are available on the recently redesigned Royal Malaysian Customs Department website. Although the rulings are written in Malay, the product is usually
listed in English and there are often English language descriptions and references
to rulings in English from other Customs administrations. The rulings may be
found under the topic: Keputusan Ketetapan Kastam.
New Zealand
Border Processing Bill passes its final stages
On 21 March 2014, the New Zealand Customs Service announced that amendments to the Customs and Excise Act 1996 to support the implementation of
Trade Single Window passed its third and final reading on 20 March.
The Border Processing (Trade Single Window and Duties) Bill amends the Customs and Excise Act 1996 and the Biosecurity Act 1993. The amendments fall
into the following main areas:
•
registration of users of Joint Border Management System (JBMS): including grounds
for refusing, suspending or cancelling registration, and allowing the issue of unique
user identities for JBMS
•
requirements for providing information to the Trade Single Window (TSW): including
providing supporting documents with an advance notice of arrival, clarifying the status
of inward and outward cargo reports, and establishing a transhipment process
•
expanding the offences and penalties relating to arrival and departure of goods and
craft.
There are other minor amendments relating to duties that clarify existing provisions in the Customs and Excise Act 1996 or assist in meeting government policy
goals.
Anti-dumping and countervailing duties
On Sunday, 16 March 2014, the anti-dumping duty on hog-bristle paintbrushes
from China expired. The following is an updated list of products that are still subject to anti-dumping action on importation into New Zealand:
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•
Canned peaches from Greece
•
Canned peaches from South Africa
•
Diaries from China and Malaysia
•
Galvanised wire from Malaysia
•
Plasterboard from Thailand
•
Preserved peaches from China
•
Preserved peaches from Spain
•
Reinforcing steel bar and coil from Thailand
•
Wire nails from China.
There are currently no products subject to countervailing action. More information
is available on the Ministry of Business Innovation and Employment’s (MBIE)
trade remedies website or on request from the MBIE’s Trade Remedies Group.
Fact Sheets issued, revised
During the period covered by this Update the New Zealand Customs Service issued the following new or revised Fact Sheets:
•
Fact Sheet 05 - Import prohibitions and restrictions (March 2014)
Singapore
Implementation of the Taiwan-Singapore Mutual Recognition Arrangement
Singapore Customs Circular No: 05/2014 dated 24 Mar 2014 advised traders that
as part of its efforts to enhance global supply chain security and facilitate the
movement of legitimate goods, Singapore Customs signed a Mutual Recognition
Arrangement (MRA) on Authorised Economic Operators (AEO) in July 2013 with
the Customs Administration of Taiwan (Taiwan Customs). The MRA will be operational with effect from 1 April 2014.
Under this MRA, Taiwan Customs will recognise Singapore’s Secure Trade Partnership-Plus (STP-Plus) companies as being of lower risk and thus facilitate the
clearance of goods that are exported to or imported from these companies. Singapore Customs will extend the same treatment to Taiwan’s Security and Safety
AEO (AEOS) companies and to the goods that are exported to or imported from
these companies.
The Circular contains details on the declaration codes to and information to be
declared to Customs.
Singapore Customs to implement enhanced strategic trade scheme
On 26 February 2014, Singapore Customs (SG Customs) issued Circular No.
04/2014, which announces the implementation of the Enhanced Strategic Trade
Scheme (Enhanced STS). SG Customs had previously conducted a review to,
amongst others, identify and further facilitate low risk transfers of strategic goods
or technology as well as to ensure that Singapore has a robust framework to
manage the transfer of strategic goods or technology. The Enhanced STS was
implemented after 2 rounds of feedback obtained from industry stakeholders.
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The current Strategic Trade Scheme (Current STS) was implemented in June
2007 in order to promote effective internal export control compliance and provide
legitimate traders greater facilitation in permit declarations involving transactions
of strategic goods for non-WMD (i.e. non-weapons of mass destruction) related
end-uses. Key changes to the Current STS under the Enhanced STS include (1)
permit structure and scope of approval; (2) Internal Compliance Programme (ICP)
requirements; and (3) declaration requirements, which are discussed in further
detail in our Client Alert..
We are of the view that the changes to be implemented under the Enhanced STS
are sensible and strike a good balance between trade control and facilitation.
There will be a 6 month adjustment period starting from 1 April 2014 and ending
on 30 September 2014. Companies who do not comply with the new declaration
requirements during this period will generally not be penalized. However, the adjustment period does not cover other customs offences.
For details of the Enhanced STS, please see the Client Alert: Singapore Customs
to Implement Enhanced Strategic Trade Scheme (also available as a pdf file
here). For further information please contact: Ken Chia, Eugene Lim or Seng Yi
Lin.
Taiwan
Revised Customs Import Tariff published
On 22 January 2014, the Gazette of the Office of the President published the
Amendment of Customs Import Tariff. The Amendment includes all changes to
Chapters 1-97.
Patent law amended to allow Customs seizures of infringing goods
On 22 January 2014, the Gazette of the Office of the President published
Amendment of Patent Law adds Articles 97-1~97-4; and revisions to Article 143.
According to an English language summary on the Legislative Yuan website, The
essential points of the Amendments to the Patent Law are:
50
•
To specify that a patentee may apply to the customs to seize the imported goods
which possibly infringe his or her patent right (Article 97-1)
•
To provide for the circumstances under which the customs shall revoke the seizure
(Article 97-2)
•
To specify that if a final judgment of the court holds that the detained goods do not
infringe patent right, the applicant shall compensate the owner of detained goods for
injury incurred through wrongful detention of goods or guarantee bond; and to provide
for the circumstances under which the customs shall return the guarantee bond (Article 97-3)
•
To specify that the competent authority shall, in conjunction with the Ministry of Finance to enact the regulations governing the related affairs concerning application for
seizure stipulated under Articles 97-1 through 97-3 (Article 97-4)
•
To deal with the wording. (Article 143)(5 provisions, p.22-25)
International Trade Compliance April 2014
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Vietnam
Customs to push ahead with new e-Customs system on 1 April
The Japanese-funded e-Customs system known as “VNACCS/VCIS” (Vietnam
Automated Cargo and Port Consolidated System and the Vietnam Customs Information System) is set to “go live” on April 1, 2014.
Based on the NACCS/CIS of Japan, VNACCS/VCIS is intended to handle eDeclaration, e-Manifest, e-Invoice, e-Payment, e-C/O, selectivity, risk management/criteria, corporate management, goods clearance and release, supervision
and inspection.
With the launch of the VNACCS/VCIS, Vietnam Customs is trying to simplify customs clearance procedures, reduce clearance time, enhance the management
capacity of customs authorities in line with the standards of modern customs, as
well as to cut costs and facilitate trade. VNACCS/VCIS also purports to ensure
Vietnam’s compliance with the ASEAN “single window” initiative.
For more information, please see the full client alert prepared by our Vietnamese
offices entitled, Vietnam Customs to Push Ahead with New e-Customs System on
1 April. For further information, please contact Frederick Burke or Nguyen Thanh
Vinh.
Europe
European Union and EFTA
EU lowers ‘BYRD amendment’ retaliatory duties against US
On 26 March 2014, the Official Journal published Commission Implementing
Regulation (EU) No 303/2014 of 25 March 2014 amending Council Regulation
(EC) No 673/2005 establishing additional customs duties on imports of certain
products originating in the United States of America. The additional customs duties were first imposed in 2005 for the failure of the United States to bring the
Continued Dumping and Subsidy Offset Act (CDSOA, more commonly know as
the ‘Byrd Amendment’) in compliance with its obligations under the World Trade
Organization (WTO) agreements. The original Council Resolution imposed a 15%
ad valorem additional duty on designated goods originating in the United States.
The amount of the additional duty is pegged to the annual level of nullification or
impairment caused by the CDSOA to the EU, which has been reduced each year
since the CDSOA was repealed. Although the CDSOA was repealed, CDSOA
payments continue to be made to affected US domestic producers for entries filed
before the repeal.
The current level of nullification is US$ 872 685. The 26 March Implementing
Regulation places a 0,35% additional duty on designated US origin goods which
is estimated to equal that level. The current list of designated goods only includes
products in three CN codes: 0710 40 00, 9003 19 30, 8705 10 00 and 6204 62
31.
Council authorises Member States to sign and ratify the Arms Trade
Treaty
On 25 March 2014, the Official Journal published Council Decision of 3 March
2014 authorising Member States to ratify, in the interests of the European Union,
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the Arms Trade Treaty (2014/165/EU). The Arms Trade Treaty was adopted by
the General Assembly of the United Nations on 2 April 2013 and was opened for
signature on 3 June 2013. The object of the ATT is to establish the highest possible common international standards for regulating or improving the regulation of
the international trade in conventional arms and to prevent and eradicate illicit
trade in conventional arms and prevent their diversion. Member States expressed
their satisfaction for the outcome of the negotiations and their willingness to urgently proceed to the signature and ratification of the ATT. Some of the provisions
of the ATT concern matters that fall under the exclusive competence of the Union
because they are within the scope of the common commercial policy or affect the
internal market rules for the transfer of conventional arms and explosives. However, the European Union cannot sign and ratify the ATT, as only States can be
parties thereto. Therefore, with respect to those matters falling under the exclusive competence of the Union, the Council Decision authorises Member States to
ratify the Arms Trade Treaty in the interests of the Union.
EU amends DR of Congo related sanctions
On 18 March 2014, the Official Journal published Council Decision
2014/147/CFSP of 17 March 2014 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo, Council
Regulation (EU) No 271/2014 of 17 March 2014 amending Regulation (EC) No
1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo.
The Council Decision and Council Regulation (EU) No 271/2014 extend the restrictive measures to certain designated persons and, as appropriate, entities,
designated by the Sanctions Committee who are:
52
•
individuals or entities acting in violation of the arms embargo and related measures;
•
political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants
belonging to those groups;
•
political and military leaders of Congolese militias, including those receiving support
from outside the DRC, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes;
•
individuals or entities operating in the DRC and recruiting or using children in armed
conflict in violation of applicable international law;
•
individuals or entities operating in the DRC and involved in planning, directing, or participating in the targeting of children or women in situations of armed conflict, including
killing and maiming, rape and other sexual violence, abduction, forced displacement,
and attacks on schools and hospitals;
•
individuals or entities obstructing the access to or the distribution of humanitarian assistance in the DRC;
•
individuals or entities supporting armed groups in the DRC through illicit trade of natural resources, including gold or wildlife as well as wildlife products;
•
individuals or entities acting on behalf of or at the direction of a designated individual
or entity, or acting on behalf of or at the direction of an entity owned or controlled by a
designated individual or entity;
•
individuals or entities who plan, direct, sponsor or participate in attacks against peacekeepers of the United Nations Organisation Stabilisation Mission in the DRC
(MONUSCO);
•
individuals or entities providing financial, material, or technological support for, or
goods or services to, or in support of a designated individual or entity.
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In addition, Council Regulation (EU) No 270/2014 of 17 March 2014 amends
Regulation (EC) No 889/2005 which imposed certain restrictive measures in respect of the Democratic Republic of Congo, to permit a derogation for technical
assistance, financing and financial assistance related to arms and related materiel
intended solely for the support of or use by the African Union Regional Task
Force.
EU adopts restrictive measures against actions threatening
Ukraine's territorial integrity
On 17 March 2014, the European Council announced the adoption of EU restrictive measures against persons responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine as well as
persons and entities associated with them. In this regard, 21 persons have been
identified and targeted with a travel ban and a freeze of their assets within the EU.
The sanctions entered into force, following publication in the Official Journal in the
afternoon of 17 March 2014 of Council Regulation (EU) No 269/2014 of 17 March
2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine and Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in
respect of actions undermining or threatening the territorial integrity, sovereignty
and independence of Ukraine with the list of persons concerned. See also Council
Conclusion on Ukraine.
For additional information on the EU and US sanctions, please see our Client
Alert: EU and US Sanction Russian and Ukrainian Individuals Following the Crimean Referendum
Temporary tariff cuts for Ukrainian exports to the EU
On 11 March the European Commission announced a proposal for a package of
measures to help stabilise Ukraine’s economy, including the temporary removal of
customs duties on Ukrainian exports to the EU. Once adopted by the EU, the
measure will allow Ukrainian exporters to benefit from preferential access to the
EU’s market of 500 million consumers in line with the schedule of concessions
negotiated under the Deep and Comprehensive Free Trade Agreement negotiated between the EU and Ukraine. Because the EU is implementing the measures
unilaterally, Ukraine will not have to provide extra access to EU exports in return.
The temporary lifting of customs duties will be total or partial, depending on the
sector. The proposal is in the form of an EU Council/Parliament Regulation.
The proposal in detail:
•
Industrial Products: Existing EU tariffs for industrial goods exported from Ukraine will
be removed immediately for 94.7% of products. For the remaining handful of products
(some chemical products, etc.) the tariffs will be reduced.
•
Agricultural Products: For agricultural goods, the EU has taken important but more
limited action to open up its market to Ukrainian agriculture. This will ensure the European agricultural sector is not harmed by this unilateral trade action.
In concrete terms, the EU will grant immediate and unlimited preferences to 82.2% of
Ukraine's exports. For the other products (cereals, pork, beef, poultry and a handful of
additional products) a partial liberalisation is achieved by the granting of duty-free tariff
rate quotas (TRQs), which limit the amount of certain goods able to benefit from the
trade preference.
•
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Processed food products: The EU will grant immediate preferences to 83.4 % of
Ukraine's exports. The remaining 15.9% will be partially liberalised through TRQs.
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•
Safeguard systems: In order to prevent any risk of fraud, the entitlement to benefit
from autonomous trade preferences is conditional on the compliance by Ukraine with
the relevant procedures linked to the 'rules of origin' of products as well as involvement in effective administrative cooperation with the EU. Moreover, Ukraine must abstain from introducing new duties or charges having equivalent effect or new quantitative restrictions or measures having equivalent effect or from increasing existing levels
of duties or charges or from introducing any other restrictions.
Safeguards are available and the reintroduction of normal customs duties is possible
where products cause, or threaten to cause, serious difficulties to Union producers of
like or directly competing products. This system is based on statistical data collected
from national customs officials throughout the EU. In case the data demonstrates a
sharp or swift increase of imports (meaning that, for example, products originating
from another country (not Ukraine) end up flooding the EU market through false
Ukrainian certificates of origin and benefit unduly of the DCFTA), the EU may reestablish the tariffs on a said product.
The idea is not to await the entry into force of the Association Agreement's (AA)
provisions on a Deep and Comprehensive Free Trade Area (DCFTA), but to advance the implementation of its tariffs section by means of autonomous trade
preferences and to start unilaterally the reduction or elimination of the EU's customs duties on goods originating in Ukraine. However, the preferences are not a
substitute for the DCFTA and will be granted for a limited period only: until 1 November 2014. It is expected that the DCFTA between the EU and Ukraine will be
signed and provisionally apply before the 1st November 2014 in which case the
unilateral system of autonomous trade preferences ends.
Restrictive measures respecting situation in the Central African Republic
On 11 March 2014, the Official Journal published Council Regulation (EU) No
224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic. The Council Regulation implements United
Nations Security Council Resolution (UNSCR) 2127 (2013) of 5 December 2013
and UNSCR 2134 (2014) of 28 January 2014, Decision 2013/798/CFSP, as
amended by Council Decision 2014/125/CFSP, which provide for an arms embargo against the Central African Republic (CAR) and the freezing of funds and
economic resources of certain persons engaging in or providing support for acts
that undermine the peace, stability or security of the CAR.
The Council Regulation prohibits, directly or indirectly, with certain exceptions,
the provision of:
•
technical assistance or brokering services related to the goods and technology listed
in the Common Military List of the European Union (Common Military List) or related
to the provision, manufacture, maintenance and use of goods included in that list, to
any person, entity or body in the CAR or for use in the CAR;
•
financing or financial assistance related to the sale, supply, transfer or export of goods
and technology listed in the Common Military List, including in particular grants, loans
and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance or brokering services to any person, entity or body in the Central African Republic or for use in the CAR;
•
technical assistance, financing or financial assistance, brokering services or transport
services related to the provision of armed mercenary personnel in the CAR or for use
in the CAR.
The funds of persons listed in Annex I to the Council Regulation are frozen, with
certain derogations permitted.
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The Council Regulation applies:
•
within the territory of the Union, including its airspace;
•
on board any aircraft or any vessel under the jurisdiction of a Member State;
•
to any person inside or outside the territory of the Union who is a national of a Member
State;
•
to any legal person, entity or body, inside or outside the territory of the Union, which is
incorporated or constituted under the law of a Member State;
•
to any legal person, entity or body in respect of any business done in whole or in part
within the Union.
TTIP Stakeholder event in Brussels
The European Commission announced that during the fourth round of Transatlantic Trade & Investment Partnership (TTIP) negotiations, taking place in Brussels
from 10-14 March 2014, the Directorate General for Trade of the European
Commission has again organised a stakeholder event.
On the third day of the talks, the European Commission held two events for
stakeholders and civil society. The first was attended by nearly 400 representatives of environmental and consumer groups, business and trade unions who had
the opportunity to air their views on the TTIP. At the second event, the EU and US
Chief negotiators Ignacio Garcia Bercero and Dun Mullaney informed over 300
representatives of environmental and consumer groups, business and trade unions of the progress made so far and answered questions from the audience.
The EU had previously advertised this event and invited over 80 stakeholders
who responded to the announcement to make a short presentation on their chosen topic related to the TTIP negotiations. After the presentation, there was an
opportunity for clarifications with EU and US negotiators. Four sessions were
scheduled to take place simultaneously in four rooms, so as to ensure that the
stakeholders can engage with the right negotiators on their chosen topic.
The sessions were announced to be grouped as follows:
•
Issues related to manufacturing including horizontal regulatory coherence, technical
barriers to trade (TBT), sectors, energy and raw materials
•
Issues related to agriculture including agricultural market access, other regulatory issues and Geographical Indications
•
Issues related to services, investment and public procurement
•
Issues related to rules – sustainable development, customs and trade facilitation, intellectual property rights (IPR), competition & state-owned enterprises (SOEs), small and
medium enterprises (SMEs)
EU proposes approach to conflict minerals trade
On 5 March 2014, the European Commission announced that High Representative (HR) of the EU for Foreign Affairs and Security Policy Catherine Ashton and
EU Trade Commissioner Karel De Gucht proposed an integrated EU approach to
stop profits from trading minerals being used to fund armed conflicts. The package of measures will make it more difficult for armed groups in conflict-affected
and high-risk areas to finance their activities through the mining of and trade in
minerals. The focus of the approach is to make it easier for companies to source
tin, tantalum, tungsten and gold responsibly and to encourage legitimate trading
channels. The announcement stated that:
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The Commission proposes a draft Regulation setting up an EU system of selfcertification for importers of tin, tantalum, tungsten and gold who choose to import responsibly into the Union. Self-certification requires EU importers of these metals and
their ores to exercise 'due diligence' – i.e. to avoid causing harm on the ground – by
monitoring and administering their purchases and sales in line with the five steps of
the Organisation for Economic Cooperation and Development (OECD) Due Diligence
Guidance. The aim is to act at the most effective level of the EU supply chain for these
minerals and to facilitate the flow of due diligence information down to end users. The
Regulation gives EU importers an opportunity to deepen ongoing efforts to ensure
clean supply chains when trading legitimately with operators in conflict-affected countries.
To increase public accountability of smelters and refiners, enhance supply chain
transparency and facilitate responsible mineral sourcing, the EU aims to publish an
annual list of EU and global 'responsible smelters and refiners'. With more than 400
importers of such ores and metals, the EU is among the largest markets for tin, tantalum, tungsten and gold.
The proposed Regulation is accompanied by a “Communication” (a proposal), a paper
that presents the overall comprehensive foreign policy approach on how to tackle the
link between conflict and the trade of minerals extracted in affected areas. It sets out
the EU's further engagement in support of the OECD due diligence guidance and the
EU's foreign policy outreach and support in this regard. With the Communication, the
Commission and the HR/VP confirm that 'conflict minerals' are part of the EU's foreign
policy agenda and that the EU will take concrete action at country and international
level – ranging from support to policy dialogues and diplomatic outreach to smelter
countries. The Communication supports the commitment by the Commission and the
High Representative to promote a strong and coherent EU raw materials diplomacy,
addressing the security-development nexus in a joined-up and strategic manner.
The 5 March initiative also proposes a number of incentives supporting the Regulation to encourage supply chain due diligence by EU companies, such as:
•
Public procurement incentives for companies selling products such as mobile phones,
printers and computers containing tin, tantalum, tungsten and gold;
•
Financial support for Small and Medium sized Enterprises (SMEs) to carry out due
diligence and for the OECD for capacity building and outreach activities;
•
Visible recognition for the efforts of EU companies who source responsibly from conflict-affected countries or areas;
•
Policy dialogues and diplomatic outreach with governments in extraction, processing
and consuming countries to encourage a broader use of due diligence;
•
Raw materials diplomacy including in the context of multi-stakeholder due diligence
initiatives;
•
Development cooperation with the countries concerned;
•
Support by EU Member States through their own policies and instruments.
EU issues restrictive measures against certain persons, entities and
bodies because of situation in Ukraine
On 6 March 2014, the Official Journal published Council Decision 2014/119/CFSP
of 5 March 2014 and Council Regulation (EU) No 208/2014 of 5 March 2014
concerning restrictive measures directed against certain persons, entities and
bodies in view of the situation in Ukraine. Decision 2014/119/CFSP provides for
the freezing of funds and economic resources of certain persons identified as responsible for the misappropriation of Ukrainian State funds and persons responsible for human rights violations in Ukraine, and natural or legal persons, entities
or bodies associated with them, with a view to consolidating and supporting the
rule of law and respect for human rights in Ukraine. Those persons, entities and
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bodies are listed in the Annex to that Decision. The Regulation implements that
Decision.
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.
Binding Tariff Information
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.
Official Journal documents
The following documents of interest to international traders (excluding documents
relating to day-to-day management of agricultural matters, individual protected
designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union
(dd-mm-yy):
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OJ Date
Subject
04-03-14
Commission Implementing Regulation (EU) No 200/2014 of 3 March 2014
amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in
foodstuffs of animal origin, as regards the substance triptorelin acetate
Commission Implementing Regulation (EU) No 201/2014 of 3 March 2014
amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in
foodstuffs of animal origin, as regards the substance tildipirosin
Commission Regulation (EU) No 202/2014 of 3 March 2014 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into
contact with food
Commission Delegated Regulation (EU) No 178/2014 of 6 November 2013
supplementing Regulation (EU) No 229/2013 of the European Parliament and
of the Council laying down specific measures for agriculture in favour of the
smaller Aegean islands
Commission Delegated Regulation (EU) No 179/2014 of 6 November 2013
supplementing Regulation (EU) No 228/2013 of the European Parliament and
of the Council with regard to the register of operators, the amount of aid for the
marketing of products outside the region, the logo, the exemption from import
duties for certain bovine animals and the financing of certain measures relating
to specific measures for agriculture in the outermost regions of the Union
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OJ Date
05-03-14
06-03-14
07-03-14
08-03-14
11-03-14
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Commission Implementing Regulation (EU) No 180/2014 of 20 February 2014
laying down rules for the application of Regulation (EU) No 228/2013 of the
European Parliament and of the Council laying down specific measures for
agriculture in the outermost regions of the Union
Commission Implementing Regulation (EU) No 181/2014 of 20 February 2014
laying down rules for the application of Regulation (EU) No 229/2013 of the
European Parliament and of the Council laying down specific measures for
agriculture in favour of the smaller Aegean islands
Council Decision of 28 January 2014 on the conclusion of the Agreement in the
form of an Exchange of Letters between the European Union and the People’s
Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General
Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of
concessions in the schedules of the Republic of Bulgaria and Romania in the
course of their accession to the European Union [2014/116/EU]
Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC,
98/24/EC and Directive 2004/37/EC of the European Parliament and of the
Council, in order to align them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures
Commission Recommendation of 3 March 2014 on the monitoring of traces of
brominated flame retardants in food [2014/118/EU]
Commission Implementing Regulation (EU) No 209/2014 of 5 March 2014
amending Regulation (EU) No 605/2010 as regards animal and public health
and veterinary certification conditions for the introduction of colostrum and colostrum-based products intended for human consumption into the Union
Commission Implementing Regulation (EU) No 211/2014 of 27 February 2014
correcting the Slovak language version of Commission Regulation (EC) No
340/2008 on the fees and charges payable to the European Chemicals Agency
pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of
the Council on the Registration, Evaluation, Authorisation and Restriction of
Chemicals (REACH)
Commission Regulation (EU) No 212/2014 of 6 March 2014 amending Regulation (EC) No 1881/2006 as regards maximum levels of the contaminant citrinin
in food supplements based on rice fermented with red yeast Monascus purpureus
Council Decision of 2 December 2013 on the conclusion of the Protocol
Amending the Agreement on Government Procurement [2014/115/EU]
Council Decision of 11 February 2014 on the signing, on behalf of the European Union and its Member States, of a Protocol to the Agreement between the
European Community and its Member States, of the one part, and the Swiss
Confederation, of the other, on the free movement of persons, regarding the
participation of the Republic of Croatia as a Contracting Party, following its
accession to the European Union [2014/122/UU]
Commission Regulation (EU) No 214/2014 of 25 February 2014 amending
Annexes II, IV, XI, XII and XVIII to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor
vehicles and their trailers, and of systems, components and separate technical
units intended for such vehicles
Commission Regulation (EU) No 216/2014 of 7 March 2014 amending Regulation (EC) No 2075/2005 laying down specific rules on official controls for
Trichinella in meat
Commission Regulation (EU) No 217/2014 of 7 March 2014 amending Regulation (EC) No 2073/2005 as regards Salmonella in pig carcases
Commission Regulation (EU) No 218/2014 of 7 March 2014 amending Annexes to Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European
Parliament and of the Council and Commission Regulation (EC) No 2074/2005
Commission Regulation (EU) No 219/2014 of 7 March 2014 amending Annex I
to Regulation (EC) No 854/2004 of the European Parliament and of the Council
as regards the specific requirements for post-mortem inspection of domestic
swine
Commission Implementing Regulation (EU) No 228/2014 of 10 March 2014
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12-03-14
13-03-14
14-03-14
15-03-14
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amending Regulation (EC) No 601/2006 implementing Regulation (EC) No
184/2005 of the European Parliament and of the Council on statistics concerning balance of payments, international trade in services and foreign direct investment, as regards the format and the procedure for the transmission of data
Commission Implementing Decision of 7 March 2014 amending Annex I to
Decision 2004/211/EC as regards the entry for China 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(2014) 1386) [2014/127/EU]
Commission Implementing Decision of 10 March 2014 on the approval of the
light emitting diodes low beam module ‘E-Light’ as an innovative technology for
reducing CO2 emissions from passenger cars pursuant to Regulation (EC) No
443/2009 of the European Parliament and of the Council [2014/128/EU]
Council Decision 2014/129/CFSP of 10 March 2014 promoting the European
network of independent non-proliferation think tanks in support of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Commission Implementing Decision of 11 March 2014 rejecting the refusal of
authorisations of biocidal products containing bromadiolone notified by Germany in accordance with Directive 98/8/EC of the European Parliament and of the
Council (notified under document C(2014) 1362) [2014/133/EU]
Commission Regulation (EU) No 246/2014 of 13 March 2014 amending Annex
I to Regulation (EC) No 1334/2008 of the European Parliament and of the
Council as regards removal from the Union list of certain flavouring substances
Commission Implementing Decision of 12 March 2014 concerning certain protective measures relating to African swine fever in Poland (notified under document C(2014) 1657) [2014/134/EU}
Regulation No 72 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of motor cycle
headlamps emitting an asymmetrical passing beam and a driving beam and
equipped with halogen lamps (HS1 lamps)
Regulation No 104 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of retroreflective markings for vehicles of category M, N and O
Commission communication in the framework of the implementation of Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (Publication of the references to normative documents drawn
up by OIML and the list of the parts thereof corresponding to the essential requirements (in conformity with Article 16.1 of the Directive)) [2014/C 76/01]
Commission communication in the framework of the implementation of Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (Withdrawal of the publication of the references to normative
documents drawn up by OIML and the list of the parts thereof corresponding to
the essential requirements) [2014/C 76/02]
Commission communication in the framework of the implementation of the Directive 94/25/EC of the European Parliament and of the Council of 16 June
1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (Publication of titles
and references of harmonised standards under Union harmonisation legislation) [2014/C 76/03]
Commission communication in the framework of the implementation of the Directive 94/9/EC of the European Parliament and the Council of 23 March 1994
on the approximation of the laws of the Member States concerning equipment
and protective systems intended for use in potentially explosive atmospheres
(Publication of titles and references of harmonised standards under Union
harmonisation legislation) [2014/C 76/04]
Council Decision 2014/137/EU of 14 March 2014 on relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark
on the other
Commission Regulation (EU) No 264/2014 of 14 March 2014 amending Annex
II to Regulation (EC) No 1333/2008 of the European Parliament and of the
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OJ Date
17-03-14
18-03-14
19-03-14
20-03-14
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Council as regards the use of polyvinylpyrrolidone-vinyl acetate copolymer in
solid food supplements and the Annex to Commission Regulation (EU) No
231/2012 as regards its specifications
Commission Implementing Regulation (EU) No 265/2014 of 14 March 2014
amending Regulation (EU) No 642/2010 on rules of application (cereal sector
import duties) for Council Regulation (EC) No 1234/2007
Commission Implementing Regulation (EU) No 266/2014 of 14 March 2014 on
the division between deliveries and direct sales of national milk quotas fixed for
2013/2014 in Annex IX to Council Regulation (EC) No 1234/2007
Corrigendum to Council Decision 2013/755/EU of 25 November 2013 on the
association of the overseas countries and territories with the European Union
(‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1)
Regulation (EU) No 230/2014 of the European Parliament and of the Council of
11 March 2014 establishing an instrument contributing to stability and peace
Regulation (EU) No 231/2014 of the European Parliament and of the Council of
11 March 2014 establishing an Instrument for Pre-accession Assistance (IPA
II)
Regulation (EU) No 232/2014 of the European Parliament and of the Council of
11 March 2014 establishing a European Neighbourhood Instrument
Regulation (EU) No 234/2014 of the European Parliament and of the Council of
11 March 2014 establishing a Partnership Instrument for cooperation with third
countries
Council Decision of 11 March 2014 on the position to be taken on behalf of the
European Union within the Joint Committee on Agriculture set up by the
Agreement between the European Community and the Swiss Confederation on
trade in agricultural products, as regards the amendment of Decision No
2/2003 of that Committee [2014/143/EU]
Council Decision of 11 March 2014 on the position to be taken on behalf of the
European Union within the Joint Committee on Agriculture set up by the
Agreement between the European Community and the Swiss Confederation on
trade in agricultural products, as regards amendment of the Annex to the Additional Agreement between the European Community, the Swiss Confederation
and the Principality of Liechtenstein [2014/144/EU]
Information concerning the entry into force of the renewal of the Agreement on
cooperation in science and technology between the European Community and
the Government of the Russian Federation
Commission Implementing Decision of 17 March 2014 amending Decision
2011/130/EU establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under
Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2014) 1640)
[2014/148/EU]
Commission Regulation (EU) No 260/2014 of 24 January 2014 amending, for
the purpose of its adaptation to technical progress, Regulation (EC) No
440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006
of the European Parliament and of the Council on the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH)
Commission Implementing Regulation (EU) No 278/2014 of 19 March 2014
amending Regulation (EU) No 185/2010 as regards clarification, harmonisation
and simplification of the use of explosive trace detection
Commission Directive 2014/43/EU of 18 March 2014 amending Annexes I, II
and III to Directive 2000/25/EC of the European Parliament and of the Council
on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors
Commission Directive 2014/44/EU of 18 March 2014 amending Annexes I, II
and III to Directive 2003/37/EC of the European Parliament and of the Council
on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and
separate technical units
Commission Implementing Decision of 18 March 2014 on the organisation of a
temporary experiment providing for certain derogations for the marketing of
Baker & McKenzie
OJ Date
21-03-14
22-03-14
25-03-14
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Subject
populations of the plant species wheat, barley, oats and maize pursuant to
Council Directive 66/402/EEC (notified under document C(2014) 1681)
[2014/150/EU]
Commission Regulation (EU) No 274/2014 of 14 March 2014 correcting the
Lithuanian language version of Regulation (EU) No 432/2012 establishing a list
of permitted health claims made on foods, other than those referring to the
reduction of disease risk and to children’s development and health
Regulation (EU) No 253/2014 of the European Parliament and of the Council of
26 February 2014 amending Regulation (EU) No 510/2011 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new light
commercial vehicles
Regulation (EU) No 255/2014 of the European Parliament and of the Council of
26 February 2014 amending Council Regulations (EC) No 2008/97, (EC) No
779/98 and (EC) No 1506/98 in the field of imports of olive oil and other agricultural products from Turkey, as regards the delegated and implementing powers
to be conferred on the Commission
Regulation (EU) No 257/2014 of the European Parliament and of the Council of
26 February 2014 amending Council Regulation (EC) No 2368/2002 as regards the inclusion of Greenland in implementing the Kimberley Process certification scheme
Council Decision No 136/2014/EU of 20 February 2014 laying down rules and
procedures to enable the participation of Greenland in the Kimberley Process
certification scheme
Commission Implementing Decision of 19 March 2014 authorising the placing
on the market of (6S)-5-methyltetrahydrofolic acid, glucosamine salt as a novel
food ingredient under Regulation (EC) No 258/97 of the European Parliament
and of the Council (notified under document C(2014) 1683)[2014/154/EU]
Commission Implementing Decision of 19 March 2014 authorising the placing
on the market of coriander seed oil as a novel food ingredient under Regulation
(EC) No 258/97 of the European Parliament and of the Council (notified under
document C(2014) 1689) [2014/155/EU]
Commission Regulation (EU) No 289/2014 of 21 March 2014 amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament
and of the Council as regards maximum residue levels for foramsulfuron,
azimsulfuron, iodosulfuron, oxasulfuron, mesosulfuron, flazasulfuron, imazosulfuron, propamocarb, bifenazate, chlorpropham and thiobencarb in or on certain
products
Commission Implementing Regulation (EU) No 290/2014 of 21 March 2014
concerning the authorisation of a preparation of endo-1,4-beta-xylanase and
endo-1,3(4)-beta-glucanase produced by Talaromyces versatilis sp. nov. IMI
CC 378536 as a feed additive for poultry, weaned piglets and pigs for fattening
and amending Regulations (EC) No 1259/2004, (EC) No 943/2005, (EC) No
1206/2005 and (EC) No 322/2009 (holder of the authorisation Adisseo France
S.A.S.)
Commission Implementing Regulation (EU) No 291/2014 of 21 March 2014
amending Regulation (EC) No 1289/2004 as regards the withdrawal time and
maximum residues limits of the feed additive decoquinate
Commission Implementing Regulation (EU) No 292/2014 of 21 March 2014
concerning the authorisation of a preparation of 6-phytase produced by Trichoderma reesei (CBS 126897) as a feed additive for poultry, weaned piglets, pigs
for fattening and sows (holder of the authorisation ROAL Oy)
Commission Implementing Decision of 20 March 2014 repealing lists of third
country establishments from which Member States authorise imports of certain
products of animal origin adopted on the basis of Council Decision 95/408/EC
(notified under document C(2014) 1742) [2014/160/EU]
Regulation No 96 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of compression
ignition (C.I.) engines to be installed in agricultural and forestry tractors and in
non-road mobile machinery with regard to the emissions of pollutants by the
engine
Notice concerning the entry into force of the Protocol Amending the Agreement
Baker & McKenzie
OJ Date
26-03-14
28-03-14
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International Trade Compliance April 2014
Subject
on Government Procurement
Council Decision of 18 November 2013 on the conclusion of a Protocol to the
Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, on a Framework Agreement between the European Union and the Hashemite Kingdom of Jordan on the general principles for the participation of the Hashemite Kingdom of Jordan in Union programmes [2014/163/EU]
Council Decision of 11 February 2014 on the conclusion, on behalf of the European Union, of the Protocol against the Illicit Manufacturing of and Trafficking
in Firearms, Their Parts and Components and Ammunition, supplementing the
United Nations Convention against Transnational Organized Crime
[2014/164/EU]
Commission Regulation (EU) No 298/2014 of 21 March 2014 amending Annex
II to Regulation (EC) No 1333/2008 of the European Parliament and of the
Council and the Annex to Commission Regulation (EU) No 231/2012 as regards Magnesium dihydrogen diphosphate for use as raising agent and acidity
regulator
Council Decision of 3 March 2014 authorising Member States to ratify, in the
interests of the European Union, the Arms Trade Treaty
Regulation No 56 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of headlamps
for mopeds and vehicles treated as such
Regulation No 82 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of moped headlamps equipped with filament halogen lamps (HS2 lamps)
Regulation No 119 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of cornering
lamps for power-driven vehicles
Commission Regulation (EU) No 301/2014 of 25 March 2014 amending Annex
XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the
Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards chromium VI compounds
Commission Implementing Regulation (EU) No 302/2014 of 25 March 2014
concerning the authorisation of a preparation of endo-1,3(4)-beta-glucanase
produced by Trichoderma reesei (CBS 126896) as a feed additive for chickens
for fattening and weaned piglets (holder of the authorisation ROAL Oy)
Commission Implementing Regulation (EU) No 303/2014 of 25 March 2014
amending Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of
America
Commission Implementing Regulation (EU) No 304/2014 of 25 March 2014
concerning the authorisation of the preparations of Enterococcus faecium
NCIMB 10415, Enterococcus faecium DSM 22502 and Pediococcus acidilactici
CNCM I-3237 as feed additives for all animal species
Commission Implementing Regulation (EU) No 305/2014 of 25 March 2014
concerning the authorisation of propionic acid, sodium propionate and ammonium propionate as feed additives for all animal species other than ruminants,
pigs and poultry
Council Decision of 22 October 2013 on the signing, on behalf of the European
Union and its Member States, and provisional application of the Protocol to the
Stabilisation and Association Agreement between the European Communities
and their Member States, of the one part, and the Republic of Montenegro, of
the other part, to take account of the accession of the Republic of Croatia to
the European Union [2014/172/EU]
Protocol to the stabilisation and association agreement between the European
Communities and their member states, of the one part, and the Republic of
Montenegro, of the other part, to take account of the accession of the Republic
of Croatia to the European Union
Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC
Baker & McKenzie
OJ Date
29-03-14
63
International Trade Compliance April 2014
Subject
Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport
and postal services sectors and repealing Directive 2004/17/EC
Summary of European Union decisions on marketing authorisations in respect
of medicinal products from 1 to 31 January 2014(published pursuant to Article
13 or 38 of Regulation (EC) No 726/2004 of the European Parliament and of
the Council) [2014/C 091/01
Summary of European Union decisions on marketing authorisations in respect
of medicinal products from 1 to 28 February 2014(published pursuant to Article
13 or 38 of Regulation (EC) No 726/2004 of the European Parliament and of
the Council) [2014/C 091/02]
Summary of European Union decisions on marketing authorisations in respect
of medicinal products from 1 to 28 February 2014(decisions taken pursuant to
Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC)
Commission Implementing Regulation (EU) No 322/2014 of 28 March 2014
imposing special conditions governing the import of feed and food originating in
or consigned from Japan following the accident at the Fukushima nuclear power station
Commission Implementing Regulation (EU) No 323/2014 of 28 March 2014
amending Annexes I and II to Regulation (EC) No 669/2009 implementing
Regulation (EC) No 882/2004 of the European Parliament and of the Council
as regards the increased level of official controls on imports of certain feed and
food of non-animal origin
Commission Implementing Decision of 27 March 2014 amending Decision
2007/777/EC as regards the importation of meat products, treated stomachs,
bladders and intestines prepared from fresh meat of domestic poultry, including
meat of farmed and wild game birds (notified under document C(2014) 1904)
[2014/175/EU]
Commission Implementing Decision of 27 March 2014 concerning animal
health control measures relating to African swine fever in certain Member
States (notified under document C(2014) 1979) [2014/178/EU]
Commission Recommendation of 27 March 2014 on a second coordinated
control plan with a view to establishing the prevalence of fraudulent practices in
the marketing of certain foods [2014/180/EU]
Corrigendum to Commission Implementing Decision 2014/148/EU of 17 March
2014 amending Decision 2011/130/EU establishing minimum requirements for
the cross-border processing of documents signed electronically by competent
authorities under Directive 2006/123/EC of the European Parliament and of the
Council on services in the internal market (OJ L 80, 19.3.2014)
Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to
the making available on the market and supervision of explosives for civil uses
(recast)
Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to
the making available on the market of simple pressure vessels
Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to
electromagnetic compatibility (recast)
Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to
the making available on the market of non-automatic weighing instruments
Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to
the making available on the market of measuring instruments (recast)
Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to
lifts and safety components for lifts
Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to
equipment and protective systems intended for use in potentially explosive
Baker & McKenzie
OJ Date
Subject
atmospheres (recast)
Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to
the making available on the market of electrical equipment designed for use
within certain voltage limits
Regulation No 50 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of front position
lamps, rear position lamps, stop lamps, direction indicators and rearregistration-plate illuminating devices for vehicles of category L
Regulation No 129 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of enhanced
Child Restraint Systems used on board of motor vehicles (ECRS)
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established,
amended or corrected:
OJ Date
Restrictive Measure
Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive
measures directed against certain persons, entities and bodies in view of the
situation in Ukraine
06-03-14
Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive
measures directed against certain persons, entities and bodies in view of the
situation in Ukraine
Council Decision 2014/125/CFSP of 10 March 2014 amending Decision
2013/798/CFSP concerning restrictive measures against the Central African
Republic
Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive
measures in view of the situation in the Central African Republic
Corrigendum to Council Decision 2014/119/CFSP of 5 March 2014 concerning
restrictive measures directed against certain persons, entities and bodies in view
11-03-14
of the situation in Ukraine (OJ L 66, 6.3.2014)
Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive
measures directed against certain persons, entities and bodies in view of the
situation in Ukraine (OJ L 66, 6.3.2014)
List of authorities empowered to issue export licences for cultural goods, published in accordance with Article 3(2) of Council Regulation (EC) No 116/2009
[2014/C 72/07]
Council Implementing Regulation (EU) No 261/2014 of 14 March 2014 implementing Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive
measures directed against certain individuals, groups, undertakings and entities
in view of the situation in Afghanistan
Council Implementing Decision 2014/142/CFSP of 14 March 2014 implementing
Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
Council Implementing Decision 2014/140/CFSP of 14 March 2014 implementing
Council Decision 2011/486/CFSP concerning restrictive measures directed
15-03-14
against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
Council Implementing Regulation (EU) No 263/2014 of 14 March 2014 implementing Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive
measures directed against certain individuals, groups, undertakings and entities
in view of the situation in Afghanistan
Council Decision 2014/141/CFSP of 14 March 2014 amending Common Position
2008/109/CFSP concerning restrictive measures imposed against Liberia
Council Regulation (EU) No 262/2014 of 14 March 2014 amending Regulation
(EC) No 234/2004 concerning certain restrictive measures in respect of Liberia
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International Trade Compliance April 2014
Baker & McKenzie
OJ Date
17-03-14
18-03-14
21-03-14
22-03-14
Restrictive Measure
Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive
measures in respect of actions undermining or threatening the territorial integrity,
sovereignty and independence of Ukraine
Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive
measures in respect of actions undermining or threatening the territorial integrity,
sovereignty and independence of Ukraine
Council Regulation (EU) No 270/2014 of 17 March 2014 amending Regulation
(EC) No 889/2005 imposing certain restrictive measures in respect of the Democratic Republic of Congo
Council Regulation (EU) No 271/2014 of 17 March 2014 amending Regulation
(EC) No 1183/2005 imposing certain specific restrictive measures directed
against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
Council Decision 2014/147/CFSP of 17 March 2014 amending Decision
2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo
Council Decision 2014/153/CFSP of 20 March 2014 amending Decision
2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
Council Implementing Decision 2014/151/CFSP of 21 March 2014 implementing
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) No 284/2014 of 21 March 2014 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 Decision 2014/157/CFSP of 20 March 2014 amending Decision
2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Individual Countries
United Kingdom
DRCP functions transferred to DPP
On 27 March 2014, the UK posted to its legislative website SI 2014/834 - The
Public Bodies (Merger of the Director of Public Prosecutions and the Director of
Revenue and Customs Prosecutions) Order 2014. The Public Bodies Act 2011
makes provision for the merger, and associated transfer of functions, by order of
any group of bodies or offices specified in Schedule 2 to that Act. One such group
consists of the Director of Public Prosecutions (DPP) and the Director of Revenue
and Customs Prosecutions (DRCP).
The DPP is an office established by section 2 of the Prosecution of Offences Act
1985 (POA 1985). The Director and staff appointed by the Director under section
1 of the POA 1985 constitute the Crown Prosecution Service (CPS). The DRCP is
an office established by section 34 of the Commissioners for Revenue and Customs Act (CRCA 2005). The Director and his staff are together referred to as the
Revenue and Customs Prosecutions Office.
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This Order abolishes the DRCP and transfers the functions of the DRCP to the
DPP, subject to such changes as are given effect by Schedules 1 to 3. Other articles transfer the property, rights and liabilities of the DRCP and the RCPO to the
DPP or, as the case may be, the CPS and make transitional provision for various
supplementary matters including enabling proceedings being carried on by the
DRCP to continue by or in relation to the DPP. For that purpose, the DPP is to be
treated as acting under the enactment under which the DRCP was acting at the
coming into force of the Order.
UK revises Consolidated EU and National Arms Export Licensing
Criteria, also changes to two OGELs
On 26 March 2014, the Department for Business Innovation & Skills (BIS) issued
Notice to Exporters 2014/08 which stated that:
1. On 25 March 2014 the Business Secretary announced to Parliament a revised version of the Consolidated EU and National Arms Export Licensing Criteria (known as
the ‘Consolidated Criteria’).
2. The Consolidated Criteria sets out the Government’s core policy against which the
Export Control Organisation (ECO) assesses, on a case-by-case basis, all licence applications for export, transfer, trade (brokering) and transhipment of military, dual-use
and other items subject to control for strategic reasons. A licence will not be granted if
doing so would breach of any of the Criteria.
3. This statement of the Criteria replaces the original version which was announced to
Parliament in October 2000. There have been many developments within export controls since then, most notably:
•
entry into force of the Export Control Act 2002
•
extension of the controls to electronic transfers of software and technology and to
trade (brokering) in military goods between overseas destinations
•
adoption by the EU of Council Common Position 2008/944/CFSP of 8 December
2008 defining common rules governing control of exports of military technology
and equipment
•
further development of EU export control law
•
adoption by the UN General Assembly on 2 April 2013 of an international Arms
Trade Treaty, which the UK signed on 3 June 2013.
4. The updated version reflects these developments and brings the Consolidated Criteria fully into line with the EU Common Position and the UN Arms Trade Treaty. The
principal changes are:
•
the list of international obligations and commitments in Criterion 1 has been updated
•
there is explicit reference to international humanitarian law in Criterion 2
•
the risk of reverse engineering or unintended technology transfer is now addressed under Criterion 7 rather than Criterion 5
•
minor changes to improve the clarity and consistency of the language used
throughout the text.
5. None of these changes represents a substantive change in policy. We do not expect these changes to lead to any difference in the outcomes of licence applications.
They are simply intended to bring the Criteria into line with our international obligations
and to reflect developments in the 13 years since the original Criteria were announced.
6. The Government will continue to adopt, from time to time, specific policies in specific circumstances (in relation to Argentina, for example).
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International Trade Compliance April 2014
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The following Open General Export Licences (OGELs) were amended on 22
March to add Russia to the list of non-permitted destinations:
•
Open general export licence (export for repair/replacement under warranty: military
goods)
•
Open general export licence (military goods: for demonstration)
HM Treasury issues guidance on Ukraine sanctions
On 18 March 2014, HM Treasury issued a Financial Sanctions Notice entitled
“Ukraine (Sovereignty and Territorial Integrity)”. The Notice provides guidance on
the actions that must be taken by UK persons to comply with the recent EU financial sanctions against persons responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, including
actions on the future status of any part of the territory which are contrary to the
Ukrainian Constitution, and natural or legal persons, entities or bodies associated
with them.
UK implements EU Central African Republic sanctions
On 13 March 2014, the UK legislative website posted SI 2014/587 - The Central
African Republic (European Union Financial Sanctions) Regulations 2014. The
Explanatory Note to the Regulations states:
The Regulations make provision relating to the enforcement of Council Regulation
(EU) No. No. 224/2014 of 10 March 2014 concerning restrictive measures in view of
the situation in the Central African Republic (the Council Regulation).
The measures include the freezing of funds and economic resources of designated
persons and ensuring that funds and economic resources are not made available to
them or for their benefit.
Regulation 2 defines designated persons as any person named in Annex I to the
Council Regulation (as amended from time to time). Annex I includes those persons
listed by the United Nations Sanctions Committee.
Regulations 3 to 7 provide prohibitions against dealing with the funds or economic resources of a designated person, or making funds or economic resources available, directly or indirectly, to or for the benefit of a designated person.
Regulation 8 provides an exception to the prohibitions in regulations 4 and 5 where a
frozen account is credited for a permitted reason.
Regulation 9 provides a licensing procedure to enable funds and economic resources
to be exempted from the prohibitions.
Regulation 10 makes it an offence to breach any of the prohibitions in regulations 3 to
7, or to seek to circumvent those provisions. Regulations 11 to 14 contain provision
about penalties, proceedings and who, in relation to bodies corporate and other bodies, may be prosecuted for an offence under the Regulations.
The Schedule makes provision for information gathering and information disclosure.
A list of designated persons is available on the internet. Further information is
available from Financial Sanctions, HM Treasury.
HMRC and BIS updates
The following Public Notices, Customs Information Papers (CIPs) and BIS documents were issued by HM Revenue & Customs and the Department for Business,
Innovation and Skills (BIS):
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Release
Date
01-14
02-14
03-14
18-02-14
10-03-14
25-03-14
18-02-14
05-03-14
16-03-14
07-03-14
11-03-14
13-03-14
17-03-14
12-03-14
22-03-14
27-03-14
Ref. No. and Subject
Notice 34 Intellectual property rights
Notice 60: Intrastat General Guide
Notice 104: ATA and CPD Carnets
Notice 702: Imports
Notice 143: A guide for international post users
Notice 221: Inward processing relief
Notice 235: Outward Processing Relief
Notice 237: Processing Under Customs Control (PCC)
Notice 600: Classifying your imports or exports
Notice 700/63: Electronic invoicing
Notice 999 (March 2014) Catalogue of publications
Tariff Notice 01/14: Common Customs Tarif - Combined Nomenclature - Tariff
classification -Touchscreen ADP Monitor
Tariff Notice 02/14: Common Customs Tariff - Combined Nomenclature - Tariff
classification -Colour LCD Monitor
Tariff Notice 03/14: Common Customs Tariff - Combined Nomenclature - Tariff
classification - High Speed Camera
Tariff Notice 04/14: Common Customs Tariff - Combined Nomenclature - Tariff
classification - LCD Medical Monitor
Tariff Notice 05/14: Common Customs Tariff - Combined Nomenclature - Tariff
classification -Control unit with Touchscreen
Tariff Notice 06/14: Common Customs Tariff -Combined Nomenclature -Tariff
classification - round, moulded bowl, of plastics
Tariff Notice 07/14: Latest tariff on Common Customs Tariff - Combined Nomenclature - Tariff classification - Plastic box containing 30 tablets.
Tariff Notice 08/14: Common Customs Tariff - Combined Nomenclature - Tariff
classification -Stuffed stylised Giraffe
Tariff Notice 9/14: Common Customs Tariff, Combined Nomenclature, Tariff classification, homogenised composite food preparations.
CIP (14) 12 Commonwealth Games Temporary Admission / Community System
of Duty Reliefs - Giveaway Goods.
CIP (14) 13 Publication of Updated Public Notices 221 (IP), 235 (OP) and Notice
237 (PCC).
CIP (14) 14 Update on Low Value Bulking of Imports (LVBI).
CIP (14) 15 Tariff Preference: General System of Preference - Revision to GSP+
Beneficiary Countries.
CIP (14) 16 Update regarding Repayments Database.
CIP (14) 17 Inward Processing (IP) / Processing under Customs Control (PCC)
throughput periods and storage
CIP (14) 18 Inward Processing - Prior Export Equivalence Completion of INF5 and
relevant details on the application for authorisation (C and E810).
CIP (14) 19 CSDR-Give away goods
CIP (14) 20 Contact Details for the National Clearance Hub
BIS/14/638 Guidance: Open general export licence (software and source code for
military goods)
BIS/14/686 Open general export licence (military goods: for demonstration)
BIS/14/685 Open general export licence (export for repair/replacement under warranty: military goods)
BIS/14/P97A ECO Training Bulletin No 13, April - August 2014
ECO Notices to Exporters
The following Notices to Exporters were issued by the Export Control Organisation (ECO):
Date
18-03-14
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International Trade Compliance April 2014
Notice No. and Subject
Notice to Exporters 2014/06: UK suspends all licences and licence applications
for export to Russian military that could be used against Ukraine
Baker & McKenzie
Date
24-03-14
26-03-14
27-03-14
Notice No. and Subject
Notice to Exporters 2014/07: Amendment to the Export Control Order 2008 (‘the
main Order’) concerning Category B goods (trade controls)
Notice to Exporters 2014/08: Revised version of the Consolidated EU and National Arms Export Licensing Criteria, also changes to two OGELs
Notice to Exporters 2014/09: latest ECO Training Bulletin published
Other EU-EFTA Notices
Import-export related measures
The following import, export or antibribery measures were published in the on-line
editions of the official gazettes of the countries shown during the period 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 (dd-mm-yy).
Date*
Measure
Germany
Regulation amending diet and food labeling regulation 25-02-2014,
06-03-14
from No. 9 of 06.03.2014, page 218
31-03-14
04-03-14
14-03-14
21-03-14
28-03-14
03-03-14
05-03-14
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International Trade Compliance April 2014
Regulation amending the Regulation on EU standards for fruit and vegetables
and amending the regulation on quality standards for bananas 03-20-2014,
from No. 11 of 31.03.2014, page 269
Eire (Ireland)
S.I. No. 610 of 2011- Under Regulation of the European Communities (Intrastat)
Regulations 2011 [‘‘VIES and INTRASTAT Traders Manual Replacement 7’’ published by the Revenue Commissioners in March 2014 is the relevant manual referred to in 3(1)(b) of the above mentioned Regulation.]
S.I. No. 129 of 2014 - European Communities (Vegetable Seeds) (Amendment)
Regulations 2014
S.I. No. 131 of 2014 - European Union (Energy Efficiency Obligation Scheme)
Regulations 2014
S.I. No. 143 of 2014 - European Communities (Certain Contaminants In Foodstuffs) (Amendment) Regulations 2014.
S.I. No. 149 of 2014 - European Union (Waste Electrical and Electronic Equipment) Regulations 2014
S.I. No. 151 of 2014 - Medicinal Products (Control of Placing on the Market)
(Amendment) Regulations 2014
S.I. No. 152 of 2014 - European Union (Marketing of Vegetable Propagating and
Planting Material, Other Than Seed) Regulations 2014
Iceland
№ 217/2014 Regulation on the allocation of public tariff quotas for beef
№ 226/2014 - Regulation of (1) amending Regulation no. 977/2011 on the entry
into force of Regulation (EC) no. 1332/2008 on food enzymes and amending
Council Directive 83/417/EEC, Regulation (EC) no. 1493/1999, Directive
2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) no. 258/97.
№ 228/2014 - Regulation on (67) amending Regulation no. 340/2001 on the control of feed.
№ 229/2014 - Regulation of entry into force of Commission Regulation (EU) no.
1048/2012 authorizing a health claim made on foods and referring to the reduction of disease risk
№ 230/2014 - Regulation of (5) amending Regulation no. 106/2010 on the entry
into force of Regulation (EC) no. 882/2004 on official controls to verify the laws on
feed and food law, animal health and animal welfare rules
№ 231/2014 - Regulation of (2) amending Regulation no. 374/2012 on the entry
into force of Commission Regulation (EU) no. 10/2011 on materials and articles
of plastics intended to come into contact with foodstuffs
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14-03-14
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10-03-14
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21-03-14
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21-03-14
28-03-14
06-03-14
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№ 232/2014 - Regulation of (6) amending Regulation no. 265/2010 on the entry
into force of Regulation (EC) no. 1881/2006 setting maximum levels for certain
contaminants in foodstuffs
№ 233/2014 Regulation on effective implementation of Commission Regulation
(EU) no. 208/2013 of the traceability requirements in respect of spiers, and seeds
that are destined to the production of sprouts.
№ 234/2014 Regulation of entry into force of Commission Regulation (EU) no.
211/2013 on the requirements for the issuance of certificates for imports into the
Union of sprouts and seeds intended for the production of spiral
№ 235/2014 Regulation amending Regulation no. 525/2006 on theeco label
№ 254/2014 Regulation of (1) amending Regulation no. 397/2013 on the entry
into force of Commission Regulation (EU) no. 231/2012 on detailed definitions of
food additives listed in Annex II. and III. Annex to Regulation (EC) no. 1333/2008.
№ 261/2014 Regulation of entry into the EU on the removal of technical barriers
to trade in wine (III).
№ 295/2014 Regulation № 196/1987 on the restriction of the sale of gas lighters
№ 297/2014 Regulation of (1) amending Regulation no. 577/2013 on cosmetic
products.
Luxembourg
Mem. A № 32 Grand-Ducal Regulation of 27 February 2014 amending the
Grand-Ducal regulation of 12 July 1995 relating to aerosol dispensers
Mem. A № 32 Coordinated text of the Grand-Ducal Regulation of 12 July 1995
relating to aerosol dispensers
Mem. A № 35 Convention on Food Assistance
Mem. A № 40 Grand-Ducal Regulation of 11 March 2014 laying down detailed
rules for the application of the amended Regulation (EC) No 1234/2007 of 22
October 2007 establishing a common organization of the markets in the agricultural sector and on specific provisions for certain products this sector.
Malta
113 of 2014 - Seeds of Agricultural Plants and Vegetables (Amendment) Regulations, 2014 Government Gazette of Malta No. 19,227 – 28.03.2014
114 of 2014 - Seeds of Vegetable Landraces and Varieties (Amendment) Regulations, 2014 Government Gazette of Malta No. 19,227 – 28.03.2014
115 of 2014 - Vegetable Propagation and Planting Material (Amendment) Regulations, 2014 Government Gazette of Malta No. 19,227 – 28.03.2014
Norway
FOR-2014-02-18-215 Health and Care Regulation amending the Regulation on
feed additives
FOR-2014-03-06-253 Agriculture and Food Regulations amending the Regulations on seeds
FOR-2014-03-10-258 Ministry of Finance Regulations amending the Regulations
to the law on customs and movement of goods (Customs Regulations)
FOR-2014-03-13-269 Climate and Environment Ministry Regulations amending
the regulations on the recycling of waste (Waste)
FOR-2014-03-18-296 Justice and Public Security Regulations amending the Immigration Regulations (implementation of changes to the Schengen Borders
Code)
FOR-2014-03-20-300 Agriculture and Food Regulations amending the mandate
of the Norwegian Animal Health Authority - District Veterinary Officer (cross-vet)
by supervision and control of live animals from countries outside the EEA
FOR-2014-03-13-325 Health and Care Services, Agriculture and Food Regulations amending the Regulations on fees to cover the costs of meat inspection
FOR-2014-03-28-336 Industry and Fisheries Ministry Regulations on changes to
regulations on public procurement
Poland
№ 279 Regulation of the Minister of Agriculture and Rural Development of 17
February 2014 concerning the placing on the territory of the Republic of Polish
fruit plants of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, originating in the Federative Republic of Brazil
№ 318 Statement of the Minister of Health of 17 October 2013 on the publication
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18-03-14
19-03-14
20-03-14
21-03-14
24-03-14
27-03-14
05-03-14
06-03-14
25-03-14
26-03-14
27-03-14
28-03-14
29-03-14
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of the consolidated text of the Regulation of the Minister of Health on the requirements of Good Manufacturing Practice
№ 331 Regulation of the Minister of Finance dated 5 March 2014 amending Regulation on customs offices, which may be made for export, import and transit of
strategic goods
№ 345 Regulation of the Minister of Economy of 10 March 2014 amending Regulation on specific requirements for aerosol products
№ 350 Regulation of the Minister of Agriculture and Rural Development of 28
February 2014 on a derogation from the obligation to supply a phytosanitary certificate timber obtained from plants of the genus Thuja L., originating in Canada
№ 353 Statement of the Minister of Finance dated December 6, 2013 on the publication of the consolidated text of the Regulation of the Minister of Finance on the
conduct of tax warehouses and records by operators of bonded warehouses
№ 358 Regulation of the Minister of Finance of 12 March 2014 amending Regulation on customs offices in which operations are carried out under customs legislation, depending on the type of goods or customs procedures, which may be acquired goods
№ 365 Regulation of the Minister of Health dated 5 March 2014 amending Regulation on the list of border crossing points competent to border sanitary control
№ 374 Council of Ministers of 25 February 2014 amending the regulation on
Starachowice special economic zone
№ 388 Council of Ministers of 18 March 2014 amending the regulation on
Kostrzyn-Słubice special economic zone
№ 389 Council of Ministers of 18 March 2014 amending the regulation on the
Pomeranian Special Economic Zone
№ 390 Council of Ministers of 17 March 2014 amending the regulation on the
Mielec Special Economic Zone
Spain
Foreign Affairs: Corrigendum Consolidated Agreement on international transport
of perishable goods and special vehicles used for such transport (ATP) done at
Geneva Text the September 1, 1970, updated to 23 September 2013.(BOE-A2014-2356)
Agriculture and Environment: Resolution of March 3, 2014, the method of calculation and payment electronically to the corresponding Spanish Plant Variety Office
sets rates, and those concerning veterinary checks for importation of live animals
and products of animal origin not intended for human consumption. (BOE-A2014-2382
Finance and Adm,: Resolution of March 13, 2014, the Department of Customs
and Excise of the State Tax Administration Agency, amending the forms to which
Articles 11 and 12 of the Tax Regulations on Value Added refer approved, approved by Royal Decree 1624/1992 of 29 December. (BOE-A-2014-3204)
President: Royal Decree 164/2014, of 14 March laying down additional rules for
the production, description, presentation and labeling of certain spirit drinks.
(BOE-A-2014-3251)
Multilateral Agreement M 269 pursuant to section 1.5.1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR),
concerning the marking of UN numbers in bottles for liquefied petroleum gas
(LPG), made in Madrid 20 December 2013. (BOE-A-2014-3283)
Law 3/2014, of 27 March, approving the revised text of the General Law for the
Defence of Consumers and Users and other complementary laws, approved by
Royal Legislative Decree 1/2007, of 16 November (BOE-A-2014-3329)
Agriculture, etc.: Royal Decree 148/2014 of 7 March, by which modifies the Royal
Decree 58/2005 of 21 January, the protection measures are taken against the
introduction and spread in the country and the European Community of organisms harmful to plants or plant products, as well as for export and transit to third
countries, and Royal Decree 1190/1998 of 12 June, the national programs for the
eradication or control of regulated pests plants not yet established in the country.
(BOE-A-2014-3377)
Royal Decree 149/2014 of 7 March, by which modifies the Real Decree
1335/2011 of 3 October, by which regulates the procedure for processing applications for registration of protected designations of origin and protected geographi-
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31-03-14
04-03-14
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03-03-14
04-03-14
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14-03-14
17-03-14
19-03-14
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cal indications registration and community opposition to them (BOE-A-20143378)
Finance: Resolution of 10 March 2014, the Directorate General of the State Tax
Administration Agency, amending the general guidelines of the Annual Plan of
Tax and Customs Control 2014 are approved. (BOE-A-2014-3417)
Switzerland
Ordinance weapons, arms and ammunition accessories (Arms Ordinance,
OARM) (RS 514.541)
Ordinance of the FDF on goods receiving customs relief according to their use
(Ordinance on customs concessions, OADou) (RS 631.012)
OFAG Ordinance Fixing periods and deadlines as well as the authorization parts
tariff quota for fresh vegetables, fresh fruit and fresh cut flowers (Ordinance authorizing imports on the OIELFP) (RS 916.121.100)
DHA Ordinance on the control of the import and transit of animals and animal
products (OITE Ordinance controls) (RS 916.443.106)
Order the OSAv establishing measures to prevent the introduction of African
swine fever occurred in Poland (RS 916.443.107)
Exchange of notes of 19 February 2014 between Switzerland and the European
o
Union on the resumption of Regulation (EU) 1289/2013 amending Regulation
o
(EC) 539/2001 listing the third countries whose nationals must the requirement
of visas when crossing the external borders (Development of the Schengen acquis) (RS 0.362.380.058)
Supplementary Agreement of 20 July 1972 concerning the Agreement watch
products between the Swiss Confederation and the European Economic Community and its Member States (RS 0.632.290.131)
Decision № 1/2014 of the EU-Switzerland Joint Committee amending Tables III
and IV b) of Protocol № 2 of the Agreement of 26 October 2004 between the
Swiss Confederation and the European Community amending the Agreement
between the Swiss Confederation and the European Economic Community of 22
July 1972 as regards the provisions applicable to processed agricultural products
(RS 0.632.401.2)
Order on rules of origin governing the granting of tariff preferences to developing
countries (Ordinance on rules of origin, OROPD) (RS 946.39)
Regional Convention on pan-Euro-preferential rules of origin¶ (RS 0.946.31)
Ordinance of the FDF on the rates of contributions for the export of agricultural
commodities (RS 632.111.723.1)
Ordinance duties applicable to goods traffic with partners in free trade (except
members of the EU and EFTA) (Ordinance on free trade 2) (RS 632.319)
Ordinance duties applicable to goods traffic with the EU and EFTA (Ordinance on
free trade 1) (RS 632.421.0)
DHA Ordinance on the control of the import and transit of animals and animal
products (OITE Ordinance controls) (RS 916.443.106)
Ordinance on the issue of proofs of origin (OPDO) (RS 946.32)
DHA Ordinance on the labeling and advertising of foodstuffs (OEDAI) (RS
817.022.21)
United Kingdom
SI 2014/371 - The Common Agricultural Policy Single Payment and Support
Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2014 / Rheoliadau Cynllun Taliad Sengl a Chynlluniau Cymorth y Polisi Amaethyddol Cyffredin
(Trawsgydymffurfio) (Cymru) (Diwygio) 2014
SR 2014/54 - The Importation of Animals (Amendment) Order (Northern Ireland)
2014
SR 2014/58 - The Zoonoses (Fees) (Amendment) Regulations (Northern Ireland)
2014
SI 2014/601 - The Plant Health (Fees) (England) Regulations 2014
SI 2014/589 - The Plant Health (Fees) (Forestry) (Amendment) (England and
Scotland) Regulations 2014
SI 2014/609 - The Plant Health (Export Certification) (England) (Amendment)
Order 2014
SI 2014/713 - The Hydrocarbon Oil Duties (Reliefs for Electricity Generation)
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Measure
(Amendments for Carbon Price Support) Regulations 2014
SI 2014/519 - The Seeds and Vegetable Plant Material (Nomenclature Changes)
(Wales) Regulations 2014 / Rheoliadau Hadau a Deunyddiau Planhigion Llysieuol (Newidiadau i’r Gyfundrefn Enwi) (Cymru) 2014
20-03-14 SI 2014/702 - The Export Control (Amendment) Order 2014
SR 2014/92 - The Single Common Market Organisation (Consequential Amend24-03-14
ments) Regulations (Northern Ireland) 2014
SI 2014/834 - The Public Bodies (Merger of the Director of Public Prosecutions
27-03-14 and the Director of Revenue and Customs Prosecutions) Order 2014
SSI 2014/83 - The Electronic Documents (Scotland) Regulations 2014
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.
Date*
Restrictive Measure
Iceland
21-03-14 № 281/2014 Regulation on restrictive measures concerning Ukraine
№ 287/2014 Regulation amending the Regulation on restrictive measures con24-03-14
cerning Ukraine, no. 281/2014.
Liechtenstein
№ 54 Ordinance of 25 February 2014 concerning the amendment of the Ordinance on Measures against persons and organizations with links to “Al Qaeda”
№ 55 Ordinance of 25 February 2014 concerning the amendment of the Regula28-02-14
tion on measures against Zimbabwe
№ 58 Regulation of 28 February 2014 on measures against certain individuals
from Ukraine
№ 59 Ordinance of 11 March 2014 concerning the amendment of the Regulation
13-03-14
on measures against certain individuals from Ukraine
№ 78 Ordinance of 18 March 2014 on measures against the Central African Republic
№ 79 Ordinance of 18 March 2014 concerning the amendment of the Regulation
19-03-14
on measures against Somalia
№ 80 Ordinance of 18 March 2014 concerning the amendment of the Ordinance
on Measures against persons and organizations with links to “Al Qaeda”
№ 81 Ordinance of 25 March 2014 concerning the amendment of the Ordinance
28-03-14
on Measures against persons and organizations with links to the Taliban
Luxembourg
Mem. A № 37 Ministerial Regulation of 17 March 2014 amending Annex IC of
grand-ducal regulation of 29 October 2010 implementing the law of 27 October
2010 on the implementation of resolutions of the Security Council of the United
18-03-14
Nations and of acts adopted by the European Union containing prohibitions and
restrictive measures in financial matters against certain persons, entities and
groups in the context of the fight against the financing of terrorism.
Mem. A № 40 Ministerial Regulation of 20 March 2014 amending Annex IC of
grand-ducal regulation of 29 October 2010 implementing the law of 27 October
2010 on the implementation of resolutions of the Security Council of the United
21-03-14
Nations and of acts adopted by the European Union containing prohibitions and
restrictive measures in financial matters against certain persons, entities and
groups in the context of the fight against the financing of terrorism
Norway
FOR-2014-03-21-301 Foreign Affairs Regulations concerning restrictive measures
24-03-14
concerning actions that undermine or threaten Ukraine's territorial integrity, sov73
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28-02-14
04-03-14
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25-03-14
13-03-14
Restrictive Measure
ereignty and independence
FOR-2014-03-28-335 Foreign Affairs Regulations amending the Regulations 15
December 2006 No. 1405 on sanctions against North Korea
Switzerland
Order of 26 February 2014 instituting measures against certain individuals from
Ukraine (RS 946.231.176.7)
Ordinance on Measures against Libya (RS 946.231.149.82)
Ordinance instituting measures against certain individuals from Ukraine (RS
946.231.176.7)
Ordinance on Measures against persons and entities associated with Usama bin
Laden, the “Al Qaeda” or the Taliban (RS 946.203)
Ordinance instituting measures against Zimbabwe (RS 946.209.2)
Ordinance instituting measures against certain individuals from Ukraine (RS
946.231.176.7)
Ordinance on Measures against the Central African Republic (RS 946.231.123.6)
United Kingdom
SI 2014/587 - The Central African Republic (European Union Financial Sanctions)
Regulations 2014
Non EU-EFTA European Countries
Ukraine
Temporary delays at Russia-Ukraine border
On 20 March 2014, the Ukrainian Ministry of Revenue and Duties (Mindohodiv)
reported that beginning at midnight the Russian Federal Customs Service
(FCS)introduced restrictions on the admission of Ukrainian goods at all road
checkpoints between Russia and Ukraine for both consumption in Russia and
transit through Russia. Mindohodiv said that the restrictions were introduced by
the Russian side for anti-terrorism measures, and to prevent the occurrence of
blocking goods transported from the Crimea to Russia. Because of the volume of
trade, this action led to large backups of 50-100 freight transports.
As a result of negotiations between the FCS and Mindohodiv, full movement was
restored by the end of the day.
CEFTA
The Central European Free Trade Agreement (CEFTA) Secretariat maintains a
CEFTA Trade Portal which provides general information for each member country
(Albania, Bosnia and Herzegovina, Macedonia, Moldova, Montenegro, Serbia and
UNMIK Kosovo), links to government websites and detailed information for each
country in each of the following areas:
•
•
•
•
•
•
•
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Customs
Licensing
Sanitary, Phytosanitary & Veterinary Regulation
Technical Requirements
Border Police Control
Trade Regime
Public Procurement
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Eurasian Economic Community (EurAsEC)
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 new Eurasian Economic Commission documentation page.
Publication
Date
20-03-14
28-03-14
07-03-14
14-03-14
12-03-14
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International Trade Compliance April 2014
Title
Council of the Eurasian Economic Commission
Decision № 10 (4 March 2014) Progress on the formation of the list of exceptions and other restrictions, including barriers, mutual access of businesses to
the markets of - members of the Customs Union and Common Economic
Space
Decision № 13 (4 March 2014) On Amendments to the single commodity nomenclature of foreign economic activity of the Customs Union and the Common
Customs Tariff of the Customs Union in respect of certain types of motor vehicles for the transport of 10 or more persons, including the driver
Board of the Eurasian Economic Commission
Decision № 29 (6 March 2014) On Amendments to the Working Group on the
codification of international treaties constituting the legal base of the Customs
Union and Common Economic Space
Decision № 30 (6 March 2014) On Amendments to the calculation method of
macroeconomic indicators in determining the sustainability of economic development - members of the Customs Union and Common Economic Space
Decision № 31 (6 March 2014) On Amendments to the Advisory Committee on
Industry
Decision № 32 (6 March 2014) On the draft decision of the Eurasian Economic
Commission “On Amendments to the single commodity nomenclature of foreign
economic activity of the Customs Union and the Common Customs Tariff of the
Customs Union in respect of certain types of rolls for rolling mills” and amending the Customs Union Commission Decision of 9 December 2011 № 904
Decision № 33 (6 March 2014) About the Agreement on the movement of service and civilian weapons between states - members of the Customs Union and
Common Economic Space
Decision № 34 (6 March 2014) On Amendments to the Decision Board of Eurasian Economic Commission of November 12, 2013 № 254
Decision № 35 (6 March 2014) On Amendments to the list of products for which
the customs declaration is accompanied by presentation of the evaluation (confirmation) of compliance with the technical regulations of the Customs Union
“On the security package” (TR TC 005/2011)
Decision № 36 (6 March 2014) Action plan needed for the implementation of
technical regulations of the Customs Union “On the safety of milk and dairy
products” (TR TC 033/2013)
Decision № 37 (6 March 2014) On approval of the list of products for which the
customs declaration is accompanied by presentation of the evaluation (confirmation) of compliance with the technical regulations of the Customs Union “On
the requirements for lubricants, oils and special fluids” (TR TC 030/2012)
Decision № 38 (6 March 2014) Action plan needed for the implementation of
technical regulations of the Customs Union “On the safety of meat and meat
products” (TR TC 034/2013)
Decision № 39 (12 March 2014) On Amendments to the Decision Board of
Eurasian Economic Commission of 5 July 2012 № 200
Decision № 40 (12 March 2014) On the draft decision of the Eurasian Economic Commission “On amendments to clause 2 of the Decision of the Council of
the Eurasian Economic Commission of 17 December 2012 № 110”
Decision № 41 (12 March 2014) On Amendments to the List of standards containing rules and methods of researches (tests) and measurements, including
the rules of sampling required for the application and enforcement of the tech-
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Publication
Date
18-03-14
25-03-14
28-03-14
Title
nical regulations of the Customs Union “On the safety of perfumery and cosmetic products” (TR TC 009/2011) implementation and assessment (confirmation) of conformity
Decision № 42 (12 March 2014) On Amendments to the List of standards containing rules and methods of researches (tests) and measurements, including
the rules of sampling required for the application and enforcement of the technical regulations of the Customs Union “On the safety of perfumery and cosmetic products” (TR TC 009/2011) implementation and assessment (confirmation) of conformity
Decision № 43 (18 March 2014) On Amendments to the Advisory Committee
on agriculture
Decision № 43 ( March 2014) On approval of the list of products (goods) in
respect of which the customs declaration is accompanied by presentation of the
evaluation (confirmation) of compliance with the technical regulations of the
Customs Union “On the security of furniture products” (TR TC 025/2012)
Decision number 45 (25 March 2014) About the Protocol amending the Agreement on Rules of licensing in foreign trade from June 9, 2009
Decision number 46 (25 March 2014) On establishing the rates of customs duties of the Common Customs Tariff of the Customs Union in respect of certain
types of meat chickens home and boring machines with drilling depth of 200 m
and a draft decision on the approval of the Council of the Eurasian Economic
Commission
Decision number 47 (25 March 2014) On approval of the Advisory Committee
on Interaction supervisory authorities at the customs border of the Customs
Union
Decision number 48 (25 March 2014) On amendments to some decisions of the
Commission of the Customs Union
Belarus
Preliminary decisions on tariff classification
The State Customs Committee maintains a searchable database of preliminary
decisions on the tariff classification of goods (База данных товаров, в
отношении которых принято предварительное решение о
классификации). The database has been updated through 12 February 2014. It
may be searched by tariff code or description (in Russian).
Russian Federation
Russian Federation imposes reciprocal sanctions against Canadian
officials
On March 24, 2014, the Ministry of Foreign Affairs of the Russian Federation announced that it had imposed sanctions against 13 Canadian officials on the basis
of reciprocity for the imposition by Canada of sanctions against Russian officials
in connection with the action taken in Crimea. The sanctions ban travel to Russia
by five members of the Conservative government as well as several Members of
Parliament from other parties.
Russian Federation imposes reciprocal sanctions against US officials
On 20 March 2014, the Ministry of Foreign Affairs of the Russian Federation announced that it had imposed sanctions against certain members of the US President’s staff and members of the US Congress on the basis of reciprocity for the
imposition by the US on March 17 of sanctions against Russian officials in con76
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nection with the action taken in Crimea. The US officials who were named include three US Presidential Assistants, the Speaker of the US House of Representatives, the US Senate Majority leader, the Chairman of the Senate Committee on Foreign Affairs, and three other US Senators.
Constitutional Court upholds Crimean treaty with Russia
On 20 March 2014, the Rossiyskaya Gazeta (Russian Gazette) published Decision N 6-P of the Constitutional Court of the Russian Federation dated 19 March
2014, St. Petersburg, on verification of constitutionality of the international treaty
between the Russian Federation and the Republic of Crimea on the acceptance
of the Republic of Crimea into the Russian Federation, and the formation of new
subjects of the Federation, which treaty has not yet come into effect. The Decision states that the treaty entered into between the Russian Federation and the
Republic of Crimea (after it declared its independence from Ukraine because of a
referendum) which accepts Crimea into the Russian Federation is constitutional
under Russian law.
Preliminary decisions on tariff classification
The Federal Customs Service (FCS) has a searchable on-line database of preliminary decisions on tariff classification. The database has been updated through 27
February 2014. It may be searched by tariff code, description (in Russian) or note
number.
Legislation (acts, resolutions, orders, etc.)
The following Russian Federation (RF) Acts, Government Resolutions/Decrees
(Постановление Правительства) (GR), Federal Customs Service (FCS) Orders
and other pieces of legislation were published in the Rossiyskaya Gazeta or the
Official Portal for Legal Information (Официальный интернет-портал правовой
информации) during the period of coverage of this Update:
R.G. Date
of Publication
05-03-14
07-03-14
11-03-14
12-03-14
13-03-14
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Subject
Federal Law № 22-FZ of March 4, 2014 On Amending Article 36 of the RF Law
On Customs Tariff
Resolution of the Council of Federation of the Federal Assembly of the Russian
Federation№ 48-SF (March 1, 2014) On the use of the Armed Forces of the
Russian Federation on the territory of Ukraine
Federal list of extremist materials
Order № 3-OD of the Federal Agency for Development of the State Border of
the Russian Federation (14 January 2014) On amendments to the procedure
for the formation and activities of the commission Rosgranitsa territorial authority on compliance to the official conduct of federal officials and resolve conflicts
of interest, approved by order № 118-Ahd of the Federal Agency on the Development of the State Border of the Russian Federation dated October 18, 2010
Order № 482 of the Ministry of Transport of the Russian Federation (Russian
Ministry of Transport) on December 23, 2013 On payment for the transit of
goods by rail in international traffic and the currency of payment for 2014 freight
year
Order № 1761 of the Federal Customs Service (FCS of Russia) from September 17, 2013 On approval of the use of the unified automated information system of customs authorities for customs declaration and release (the refusal to
issue) products in electronic form, after the release of such goods, as well as
the implementation with respect to their customs control
Resolution № 174 of the Government of the Russian Federation dated March
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R.G. Date
of Publication
14-03-14
18-03-14
19-03-14
20-03-14
24-03-14
26-03-14
28-03-14
Subject
7, 2014 Moscow “On Amendments to the list of species (groups) of goods,
works, services, and intellectual property (rights to them), foreign trade transactions which are subject to registration for the purpose of export control “
Order № 60 of the Federal Customs Service (FCS of Russia) on January 17,
2014 On Amendments to the FCS Order № 548 (22 March 2013)
Federal Law № 26-FZ of March 12, 2014 On Amendments to Article 2 of the
Federal Law On procurement of goods, works and services certain types of
legal entities
Federal list of extremist materials
Treaty between the Russian Federation and the Republic of Crimea on the
adoption of the Russian Federation in the Republic of Crimea and the formation
of the Russian Federation new subjects
Presidential Decree of March 17, 2014 N 147 “On the recognition of the Republic of Crimea”
Decision N 6-P of the Constitutional Court of the Russian Federation dated 19
March 2014 St. Petersburg on verification of constitutionality of the international
treaty between the Russian Federation and the Republic of Crimea on the acceptance of the Republic of Crimea into the Russian Federation, and the formation of new subjects of the Federation, which treaty has not yet come into
effect
Federal Law № 36-FZ of March 21, 2014 “On Ratification of the Agreement
between the Russian Federation and the Republic of Crimea on admission to
the Russian Federation Republic of Crimea and Education of the Russian Federation new subjects”
Federal Constitutional Law of the Russian Federation № 6-FKZ dated 21
March, 2014 “On admission to the Russian Federation, the Republic of Crimea
and Education of the Russian Federation subjects new Republic of Crimea and
Sevastopol city of federal significance”
Federal list of extremist materials
Order № 34 of the Federal Agency for the supply of arms, military and special
equipment and supplies (Rosoboronpostavka) of February 25, 2014 On
Amendments to the Rules of Procedure of the Federal Agency for the supply of
arms, military and special equipment and supplies, approved by Order № 133
of the Federal Agency for the supply of arms, military and special equipment
and materiel from December 21, 2010
Order of the Ministry of Economic Development of the Russian Federation №
2, of January 14, 2014 On measures to implement Resolutions of the Government of the Russian Federation № 1260 of December 26, 2013 On the distribution of volumes of tariff quotas for meat from cattle , pork and poultry meat in
2014
Africa
South Africa
South African Customs and Excise Act Amendments of Rules and
Tariff Schedules
Publication Publication
Date
Details
07-03-14
GG 37416
R.165
GG 37393
R.154
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Subject
Withdrawal of Notice R.706 published in GG 36866
of 27 September 2013 in relation to a provisional
payment on coated paper - ITAC Report 464
• Notice R.165
Part 1 of Schedule No. 2 - Substitution of item
207.01/3920.49/01.06 to exclude specific PVC
Implementation Date
27-09-13
26-10-07
Baker & McKenzie
Publication Publication
Date
Details
GG 37393
R.153
14-03-14
GG 37422
R.174
GG 37462
R.197
28-03-14
GG 37462
R.196
GG 37462
R.195
Subject
strips of a thickness of 2mm and a width not exceeding 20mm from the existing anti-dumping duties applicable on PVC rigid, originating in or imported from the People's Republic of China (PRC) ITAC Report 454
• Notice R.154
Part 1 of Schedule No. 1 - Insertion of tariff subheadings 7318.16.20 and 7318.16.30 and substitution of tariff subheadings 7318.15.39 and
7318.15.43 in order to increase the rate of customs
duty on certain screws, bolts and nuts - ITAC Report 453
• Notice R.153
Substitution of forms DA 185 and DA 185.4A5 to
change references from MIDP to APDP
• Notice R.174
• Form DA 185
• Form DA 185.4A5
Part 3 of Schedule No. 6 - Implementation of the
adjusted diesel concessions as announced by the
Minister in his 2014 Budget Review on 26 February
2014
•
Notice R.197 New!
Part 5 B of Schedule No. 1 - Increase in the Road
Accident Fund levy on both petrol and diesel from
96c/li to 104c/li as announced by the Minister in his
2014 Budget Review on 26 February 2014
•
Notice R.196 New!
Part 5A of Schedule No. 1 - Increase in the rate of
general fuel levy from 212,5c/li to 224,5c/li and
197,5c/li to 209,5c/li on petrol and diesel respectively, as announced by the Minister in his 2014
Budget Review on 26 February 2014
•
Notice R.195 New!
Implementation Date
07-03-14
14-03-14
02-04-14
Other African Countries
Date
Subject
Kenya
Notice to Importers and Clearing Agents regarding mandatory use of Kenya Na04-03-14
tional Electronic Single Window System – Kenya TradeNet
Seychelles
27-01-14 SI 8 of 2014 - Customs Management (Origin of Goods) Regulations, 2013
Zimbabwe
SI 49 of 2014 Customs and Excise (Southern African Development Community)
(Suspension) ( Amendment) Regulations, 2014 (No.73)
07-03-14 SI 50 of 2014: Customs and Excise (Tariff)( Amendment) Notice, 2014 (No.9)
SI 51 of 2014 : Customs and Excise (Suspension)( Amendment) Regulations,
2014, 2014 (No. 106)
Newsletters, Reports, Articles, Etc.
Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into
important developments in the field of VAT/GST across the globe. In order to
79
International Trade Compliance April 2014
Baker & McKenzie
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:
Erik Scheer (Chair, Baker & McKenzie Global VAT Group)
Folkert Idsinga (Chair, Baker & McKenzie European VAT Group)
Jan Snel (Steering Committee, Baker & McKenzie Global VAT Group)
Edmund Leow (Chair, Baker & McKenzie APAC VAT Group)
Roger van de Berg (General Editor)
Publications, Alerts, Newsletters
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:
Subject
International Trade, Tax and Anti-corruption
Global: International Trade Compliance Update March 2014
Global International Trade Client Alert: EU and US Sanction Russian and Ukrainian Individuals Following the Crimean Referendum
Global International Trade Client Alert: EU and US Expand Sanctions against Russia.
Russia Retaliates
Global International Trade Client Alert: EU, US and other countries impose sanctions in
response to events in Ukraine
Canada Trade & Customs Client Alert: Canada Imposes Further Sanctions on the
Ukraine and Related Sanctions on Russia
Singapore Trade & Commerce Client Alert: Singapore Customs to Implement Enhanced
Strategic Trade Scheme
Vietnam Trade and Commerce Client Alert: Regulating Cross-Border Advertising for
Content and Revenue Collection
European Tax: Newsletter - February 2014
Other Practice Areas
Global LegalBytes Newsletter: March 2014 (IT & E-Commerce, Telecomms, Privacy,
data protection, Media, Consumer Protection and IP-related issues)
Global Information Technology & Communications: Three Canadian Agencies Enter
MOU to Clarify Shared Responsibilities under Anti-Spam Law
Europe Pharmaceuticals & Healthcare: March 2014 Newsletter
North America Litigation Client Alert: Daimler AG v. Bauman: Limits on a Court's General
Jurisdiction
North America Banking & Finance Client Alert: The Volcker Rule - Key Considerations
for Foreign Banking Entities Related to Covered Funds
Buenos Aires Labor Newsletter: February 2014 (Eng.); Febrero 2014 (Span.)
Hungary Legal Alert: Further Steps against Corruption: New Whistleblowing Regulation
in Hungary
Kyiv Banking and Finance Legal Alert: NBU Introduces Further Restrictions on Purchase
and Transfer of Foreign Currency (Eng.); НБУ вводить додаткові обмеження на
купівлю та переказ іноземної валюти (Ukr.); НБУ вводит дополнительные
ограничения на покупку и перевод иностранной валюты (Russ.)
Turkey Legal Alert: Turkey Tightens Control of the Internet
Webinars, Meetings, Seminars, Etc.
2014 International Trade Compliance Webinar Series
Global Trade and the Global Supply Chain: Key Issues for 2014
80
International Trade Compliance April 2014
Baker & McKenzie
Join us for our 2014 International Trade Compliance Webinar Series. Our focus
this year will be on Global Trade and the Global Supply Chain: Key Issues for
2014. We expect this year to be an exciting year, with many developments on the
trade regulation side. Our series started with a discussion of FCPA enforcement
trends, compliance practices and management of third parties. Several webinar
sessions will focus on voluntary self disclosures in the export context and country
of origin, valuation and used goods in the Customs context. There will be sessions on major trade agreements and new environmental obstacles for placing
products in EU, Russian/CIS and Asian markets. Terrie Gleason of our Washington DC office, Co-Chair of the Global Customs Practice, will moderate these
webinars (unless otherwise noted). If you miss any webinars in this series, or would
like to see them again, you may view them or download only the PowerPoint used, by
clicking on this link or on the specific linked title or PowerPoint below:
•
FCPA Enforcement Trends – US, EU and Asia - Speakers: Joan Meyer (Washington,
DC), Maria McMahon (Washington, DC), Sunny Mann (London) and Michelle Gon
(Shanghai) – [Original broadcast: January 14] PowerPoint only
•
Voluntary Self-Disclosures in Export Compliance Cases in the US, EU and China Speakers: John McKenzie (San Francisco), Ross Denton (London), Julia Pfeil (Frankfurt) and Eugene Lim (Singapore) Moderator: John McKenzie (San Francisco) [Original broadcast: February 11, 2014] PowerPoint only
•
Customs Valuation Issues and Updates – US, Mexico, EU and China - Speakers: Terrie Gleason (Washington, DC), Edmundo Elias (Guadalajara), Jennifer Revis (London)
and William Marshall (Hong Kong) [Original broadcast March 11, 2014] PowerPoint
only.
•
Tuesday, April 15 Country of Origin Rules for Marking and Government Procurement
Purposes – US, EU and China - Speakers: Stuart Seidel (Washington, DC), Holly Files
(Washington, DC), Jasper Helder (Amsterdam) and William Marshall (Hong Kong)
•
Tuesday, May 20 Product-Related Environmental Restrictions and Compliance - EU,
Russia/CIS and Asia - Speakers: Ulrich Ellinghaus (Frankfurt), Alexander Bychkov
(Moscow) and Speaker TBD
•
Tuesday, June 17 The Comprehensive Economic and Trade Agreement (CETA), The
Transatlantic Trade and Investment Partnership (TTIP) and The Trans-Pacific Partnership (TPP) - Speakers: Paul Burns (Toronto), Diane MacDonald (Chicago) and
Fred Burke (Ho Chi Minh City)
•
Tuesday, July 22 Import and Export of Used and/or Refurbished Goods in Asia Speakers: Eugene Lim (Singapore), Chen Ying (Hong Kong), Daisuke Tatsuno (Tokyo) and Panya Sittisakonsin (Bangkok)
All webinars will begin at 11:00 AM EST (US) and are scheduled to run approximately 90 minutes. Login details will be sent about one week before each webinar. If you reside in a different time zone and wish to verify your time - please
click on the following link: www.timeanddate.com.
We hope you will participate in and enjoy this webinar series! If you have any
questions regarding this webinar series, please contact: Sal Gonzalez, Marketing
Coordinator, Tel: +1 202 835 1661
MCLE Credit
Each of the webinars in the above series will have the following CLE credits available: 1.5 general CLE credit
for California, Illinois, New York, and Texas. 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 12/12/09-12/11/12 (12/12/12- 12/11/15 renewal pending). Baker
& McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This
non-transitional program is not appropriate for newly admitted New York attorneys.
CES, CCS Credit
The courses listed above have been approved for CES and CCS credit by the National Customs Brokers &
Forwarders Association of America, Inc.
81
International Trade Compliance April 2014
Baker & McKenzie
2014 EU Anti-Bribery, Trade and Customs Webinar Series
Our EU Compliance, International Trade and Customs Groups are bringing together their considerable local knowledge and on the ground experience to deliver their third webinar series. This year’s series will cover a range of customs, export control, trade sanctions and anti-bribery and corruption topics.
Our first webinar will be on Thursday 27 February 2014 on the topic of Union
Customs Code: What to expect from the draft Implementing Provisions and
how to take part in the negotiations. We are delighted that Jim Repper, HM
Revenue & Customs Policy Advisor working within the UCC Negotiations Team,
will be joining us for this very topical session. Companies will be provided with a
unique insight into the expected changes to the customs rules which will take
place from 2016 and into how they can participate in the current legislative review
and negotiation process.
All webinars will begin at 16.00 (GMT) on each of the dates listed below and are
scheduled to run for 90 minutes. Our panel of speakers will provide a practical
overview of each of the topics listed below, using both examples of recent cases
and case studies. Our panel of speakers and moderators will comprise leading
international trade experts from various EMEA locations including: Alexander Bychkov (Moscow), Ross Denton (London), Jasper Helder (Amsterdam), Nicole
Looks (Frankfurt), Sunny Mann (London), Jennifer Revis (London).
•
Thursday, February 27: Union Customs Code: What to expect from the draft Implementing Provisions and how to take part in the negotiations. Guest speaker: Jim Repper from HM Revenue & Customs
•
Thursday, March 28: Anti-Bribery and Corruption: Insight into SFO/ DOJ and update
on the introduction of Deferred Prosecutions Agreements (DPAs) in the UK and lessons learnt from DPAs in the US
•
Thursday, April 10: EU Trade Sanctions Update
•
Thursday, May 8: How to conduct M&A due diligence in the areas of International
Trade and Anti-Bribery and Corruption
•
Thursday, June 26: Customs: How to classify and value your products
o Overview of tariff classification and valuation rules
o Recent examples
•
Thursday, September 25: Customs: How to determine the origin of your products
o Overview of non-preferential and preferential origin rules
o Practical examples
o Update on Free Trade Agreements (FTA) negotiations
•
Thursday, October 23: Fundamentals and Pitfalls of EU Export Controls
•
Thursday, November 20: Investigations and Voluntary Disclosures in International
Trade and Anti-Bribery and Corruption
•
Thursday, December 11: Anti-Bribery and Corruption: Key Developments
Register Now. Our complimentary webinar series is aimed at in-house legal
counsel and compliance managers, ranging from those who are new to the areas
concerned, through to experienced practitioners who want to refresh their
knowledge and learn more about customs regulations and compliance.
Participants can register for one or more of these webinars. We hope that you will
be able to join us for what should be an interesting and fruitful series.
82
International Trade Compliance April 2014
Baker & McKenzie
For more information, please contact: Abby Gale Zipagan, Business Development
Coordinator +63 2 819 4277
2013 International Trade Compliance Webinar Series
Our recently completed 2013 International Trade Compliance Webinar Series focused on
“Globalization of the Supply Chain: Trade Regulation and Developments.” If you
missed any webinars in this series, or would like to see them again, you may view them or
download only the PowerPoint used, by clicking on the link above or title below:
•
•
•
•
•
•
•
Russia’s Accession to the WTO - Speakers: Alexander Bychkov (Moscow)
and Vladimir Efremov (Moscow), Terrie Gleason (Washington, DC) [Original
broadcast January 15] PowerPoint only
US, EU and Swiss Trade Sanctions Enforcement Cases and Trends - Speakers: Jasper Helder (Amsterdam), Jonathan Poling (Washington, DC) Philippe
Reich (Zurich), Terrie Gleason (Washington, DC) [Original broadcast: February 12, 2013] PowerPoint only
Trans-Pacific Partnership and Other Trade Agreement Developments Speakers: Frederick Burke (Ho Chi Minh City), Edmundo Elias (Guadalajara),
Diane MacDonald (Chicago), Brian Cacic (Toronto), Terrie Gleason (Washington, DC) [Original broadcast March 12, 2013] PowerPoint only
Increased Customs Scrutiny and Enforcement Activity in Latin America Speakers: Adriana Ibarra-Fernandez (Mexico City), Alessandra Machado
(Sao Paulo), Esteban Ropolo (Buenos Aires), Terrie Gleason (Washington,
DC) [Original broadcast April 23, 2013] PowerPoint only
Post-Election US Trade Policy - Speakers: Stuart Seidel (Washington, DC),
Teresa Gleason (Washington, DC), and John McKenzie (San Francisco/Palo
Alto) [Original broadcast June 4, 2013] PowerPoint only
FCPA and Anti-Bribery Cases and Trends in the US, China and Russia Speakers: Reagan Demas (Washington, DC), Michelle Gon (Shanghai), Alexander Bychkov (Moscow) - Moderator: Maria McMahon (Washington, DC)
[Original broadcast June 18, 2013] PowerPoint only
Customs Valuation and Transfer Pricing: Developments in the US, Canada,
EU and China - Speakers: Robert Eisen (New York), Paul Burns (Toronto),
Jennifer Revis (London), Eugene Lim (Hong Kong) - Moderator: William D.
Outman (San Francisco) [Original broadcast July 23, 2013] PowerPoint only
EU Anti-Bribery, Trade and Customs Webinar Series 2013
Our EU Compliance, International Trade and Customs Groups are bringing together their considerable local knowledge and on the ground experience to deliver their second webinar series. This year’s series will cover a range of customs,
export control, trade sanctions and anti-bribery and corruption topics.
All webinars will begin on a Thursday at 16.00 (GMT) on each of the dates listed
below and are scheduled to run for 90 minutes. Our panel of speakers will provide
a practical overview of each of the topics listed below, using both examples of recent cases and case studies. Our panel of speakers and moderators will comprise
leading international trade experts from various EMEA locations including: Alexander Bychkov (Moscow), Ross Denton (London), Jasper Helder (Amsterdam),
Nicole Looks (Frankfurt), Sunny Mann (London).
•
•
•
83
International Trade Compliance April 2014
March 21: EU Trade Sanctions (Presentation only)
April 18: Anti-Bribery and Corruption : M&A Due Diligence (Presentation only)
May 23: Third Party Supply Chain Risks (Customs, Export Controls and AntiBribery) (Presentation only)
Baker & McKenzie
•
•
•
•
•
•
June 20: Customs Valuation: Focus on Intercompany Transactions
(Presentation only)
September 5: Import and Export Controls for Encryption Items
September 19: Customs Tariff Classification Update
October 24: Fundamentals and Pitfalls in EU Export Controls
November 21: Customs: Free Trade Agreements / Origin
December 12: Anti-Bribery and Corruption: Key Developments
Our complimentary webinar series is aimed at in-house legal counsel and compliance managers, ranging from those who are new to the areas concerned, through
to experienced practitioners who want to refresh their knowledge and learn more
about customs regulations and compliance.
Participants can register here for one or more of these webinars. We hope that
you will be able to join us for what should be an interesting and fruitful series. For
information, please contact [email protected] .
2012 EU Customs Webinar Series: Boost Your Local Compliance
Our EU Customs Group brought together its considerable local knowledge and
“on the ground” experience to deliver its first webinar series. This 2012 series was
centred around several key EU Customs topics, which have been identified to
help companies review and boost their local compliance procedures.
Our panel of speakers and moderators was comprised of leading Customs experts from various EMEA locations including: Alexander Bychov (Moscow), Ross
Denton (London), Jasper Helder (Amsterdam), Nicole Looks (Frankfurt), Erik
Scheer (Amsterdam). If you missed any of the webinars, you will be able to
watch them by clicking on the title below. If you just want the PowerPoint, click on
“For PowerPoint only” after the appropriate webinar.
Webinar Dates and Topics:
•
•
•
•
•
•
•
84
International Trade Compliance April 2014
Tariff classification: Understanding YOUR responsibility to properly classify
products in the EU Combined Nomenclature [Broadcast: March 29, 2012]
(For PowerPoint only)
Customs valuation: Developments and trends in customs valuation: identifying potential risks and savings opportunities [Broadcast: April 26, 2012] (For
PowerPoint only)
Origin and FTAs: Update on Free Trade Agreements in the EU: how to benefit from trade arrangements [Broadcast: May 24, 2012] [For PowerPoint only]
Relationships with third parties: Assessing risks on third-party relationships:
how to deal with your customs broker? [Broadcast: June 28, 2012] (For PowerPoint only]
CIS developments: Customs compliance in Russia, Single Economic Area
and CIS [Broadcast: September 20] (For PowerPoint only)
The impact and compliance risks of transfer pricing adjustments on customs
valuation: Profit based transfer pricing vs. cost based customs value: how
does it work in practice? [Broadcast October 18, 2012] (For PowerPoint Only)
Compliance and risk management: Best practices in mitigating risks and tackling your compliance challenges [Broadcast November 15, 2012] (For PowerPoint only)
Baker & McKenzie
The International Trade Compliance Update is a publication of
the Global Trade and Commerce
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.
•
Our complimentary webinar series was aimed at in-house legal counsel and customs compliance managers, ranging from those who are new to the areas concerned, through to experienced practitioners who wanted to refresh their
knowledge and learn more about customs regulations and compliance.
For more information, please contact [email protected].
View 2012 International Trade Compliance Webinars on-line
Our 2012 Global International Trade Compliance Webinar Series focused on
“Best Practices” in Customs, Export Control and Sanctions, Antidumping/Countervailing Duty, and Anti-Corruption/Anti-Bribery Compliance Programs
in numerous regions around the world as we explore what major multinationals do
to have stellar “Best Practices” compliance programs in the international trade
arena.
If you missed any of the 90 minute programs in our series or just want a copy of
the presentation, they are available on our website (Click the blue title to access
the video and presentation).
•
•
•
•
•
Credits:
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.
Building and implementing an effective compliance programme for customs,
VAT and other indirect taxes: Implementing an indirect tax control framework:
how does it work? [Broadcast December 6, 2012] (For PowerPoint Only)
•
•
Anti-Corruption and Anti-Bribery Corruption Compliance Programs in the US,
EU and China [Broadcast January 10, 2012]
Export Control Compliance Programs in the US, EU and Mexico [Broadcast
February 14, 2012]
Trade Sanctions Compliance Programs in the US, EU and Canada [Broadcast March 13, 2012]
Customs Free Trade Agreements and Duty Preference Compliance Programs
in the US, Canada, Mexico and China [Broadcast April 17]
Customs Valuation and Transfer Pricing Compliance Programs in the US, EU
and Canada [Broadcast May 15, 2012]
Antidumping and Countervailing Duty Compliance Programs in the US and
Canada [Broadcast June 12, 2012]
Customs Classification Compliance Programs in the US, EU and China
[Broadcast August 28, 2012]
2011 International Trade Compliance webinar series now on-line
International Trade Developments and Audits, Investigations and Prior
Disclosures Around the World
Baker & McKenzie’s Global International Trade, Compliance and Customs Practice Group began its 2011 webinar series in January. Each completed 90 minute
webinar has been made available on-line in case you missed it or want to see it
again.
•
•
•
•
85
International Trade Compliance April 2014
US and EU Iran Sanctions Update [Broadcast January 18, 2011]
Antidumping/CVD Developments: Asia, North American and Brazil [Broadcast
February 15, 2011]
Export Control and Sanctions [Broadcast March 15, 2011]
Foreign Corrupt Practices Act (FCPA) and Anti-bribery [Broadcast April 19,
2011]
Baker & McKenzie
•
•
•
•
Customs (Europe) [Broadcast May 17, 2011]
Customs (The Americas) (Part 1) [Broadcast May 24, 2011]
Customs (The Americas) (Part 2) [Broadcast June 14, 2011]
Customs (Asia) [Broadcast July 19, 2011]
2010 International Trade Compliance webinars still available on-line
If you missed any of our 2010 International Trade Compliance webinars, they are
all available on our website and may be viewed on line. Just click on the link below. Most are 90 minutes, however those with an * are 2 or more hours long:
•
•
•
•
•
•
•
Customs 101: Classification, Valuation, Origin and Recordkeeping (January
2010)
*Customs Audits, Enforcement Actions in the North American and Asian Regions (February 2010)
Customs Audits and Enforcement Actions in the EU and South America
(March 2010)
Export Control Violations in the US, EU, China and Hong Kong (April 2010)
NAFTA Verifications: US, Canadian and Mexican Recent Cases (May 2010)
Antidumping and Countervailing Duties: Trends and Enforcement Issues in the
US, Canada, and Asia/Pacific (June 2010)
*FCPA and Antibribery Investigations and Penalty Actions: US, EU, China,
Russia and Vietnam (July 2010)
WTO TBT Notifications
Member countries of the World Trade Organization (WTO) are required under
the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the
WTO all proposed technical regulations that could affect trade with other Member
countries. The WTO Secretariat distributes this information in the form of “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.
Country
86
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
Bahrain, Kingdom of
BHR/326
3/7/2014
5/7/2014
Atta wheat flour
Bahrain, Kingdom of
BHR/327
3/7/2014
5/7/2014
Chicken eggs
Bahrain, Kingdom of
BHR/328
3/7/2014
5/7/2014
Edible essential water
Bahrain, Kingdom of
BHR/329
3/7/2014
5/7/2014
Non-Alcoholic Carbonated Beverages
Bahrain, Kingdom of
BHR/330
3/7/2014
5/7/2014
Soft candy
Bahrain, Kingdom of
BHR/331
3/7/2014
5/7/2014
Sweet cassava
Brazil
BRA/462/Add.2
3/12/2014
Not given
Brazil
BRA/583
3/12/2014
4/30/2014
International Trade Compliance April 2014
Commercial electric ovens (HS 8514;
8516.60)
Protective Gloves against biological agents
(HS 4015.19)
Baker & McKenzie
Country
87
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
Medical devices, hygiene products, cosmetics,
food and medicines
Parts and accessories of vehicles of headings
(HS 8711 to 8713, 8714)
Prescription status of medicinal ingredients for
human use (HS 3004.90)
Prescription status of medicinal ingredients for
human use (HS 3004.90)
Prescription status of medicinal ingredients for
human use (HS 3004.90)
Brazil
BRA/584
3/24/2014
4/17/2014
Brazil
BRA/559/Add.1
3/28/2014
Not given
Canada
CAN/408
3/5/2014
5/6/2014
Canada
CAN/400/Add.1
3/6/2014
Not given
Canada
CAN/402/Add.1
3/6/2014
Not given
Canada
CAN/368/Add.1
3/10/2014
Not given
Pest control products
Canada
CAN/384/Add.1
3/10/2014
Not given
Tanning equipment
Canada
CAN/409
3/12/2014
4/16/2014
Commercial goods
Canada
CAN/410
3/24/2014
5/22/2014
Cigarettes
Canada
CAN/401/Add.1
3/28/2014
Not given
Canada
CAN/411
3/28/2014
5/31/2014
Chile
CHL/259
2/28/2014
4/21/2014
Medicinal gases
Chile
CHL/261
3/6/2014
5/3/2014
Inclined elevators and funiculars
Chile
CHL/260
3/5/2014
4/28/2014
Cement
Chile
CHL/262
3/14/2014
5/12/2014
Buildings
Chile
CHL/263
3/14/2014
5/12/2014
Buildings
Chile
CHL/264
3/14/2014
5/12/2014
Buildings
Colombia
COL/160/Add.2
2/28/2014
Not given
Fruit
Ecuador
ECU/100/Add.1
3/5/2014
Not given
Ecuador
ECU/102/Add.1
2/21/2014
Not given
Ecuador
ECU/103/Add.1
2/21/2014
Not given
Ecuador
ECU/112/Add.1
2/28/2014
Not given
Ecuador
ECU/115/Add.1
3/3/2014
Not given
Ecuador
ECU/116/Add.1
3/3/2014
Not given
Ecuador
ECU/116/Add.2
3/3/2014
Not given
International Trade Compliance April 2014
Prescription status of medicinal ingredients for
human use (HS 3004.90)
Prescription status of medicinal ingredients for
human use (HS 3004.90)
Sauces and dressings (HS 2103.20, 2103.30,
2103.90 and 2209.00)
Protective headgear (HS 6506.10.00,
6506.91.00 and 6506.99.00)
Exercise books (HS 4820.20)
Hand pumps, other than those of subheading
8413.11 or 8413.19 (HS 8413.20); Fuel, lubricating or cooling medium pumps for internal
combustion piston engines (HS 8413.30);
Other reciprocating positive displacement
pumps (HS 8413.50); Other rotary positive
displacement pumps (HS 8413.60); Other
centrifugal pumps (HS 8413.70); Pumps (HS
8413.81)
Plastic materials and articles intended to come
into contact with food (HS 3923.30)
Cosmetic products (HS 3303, 3304.10,
3304.20, 3304.30, 3304.91, 3305.10, 3305.20,
3305.30, 3305.90, 3306.10, 3306.90, 3307.10,
3307.20, 3307.30 and 3307.90.90)
Cosmetic products (HS 3303, 3304.10,
3304.20, 3304.30, 3304.91, 3305.10, 3305.20,
3305.30, 3305.90, 3306.10, 3306.90, 3307.10,
Baker & McKenzie
Country
88
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
3307.20, 3307.30 and 3307.90.90)
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)
Hand-held electric saws (HS 8467.22.00,
8467.29.00)
Ecuador
ECU/117/Add.1
2/28/2014
Not given
Ecuador
ECU/162
2/11/2014
5/7/2014
Ecuador
ECU/170
2/11/2014
5/7/2014
Low-voltage power supplies (HS 8504.40.90)
Ecuador
ECU/184
2/19/2014
5/13/2014
Gas water heaters (HS 8419.11.00,
8419.19.10)
Ecuador
ECU/185
2/19/2014
5/13/2014
Clothes dryers (HS 8421.12.00)
Ecuador
ECU/186
2/19/2014
5/13/2014
Ecuador
ECU/187
2/19/2014
5/13/2014
Ecuador
ECU/188
2/19/2014
5/14/2014
Televisions (HS 8528.72.00)
Ecuador
ECU/189
2/19/2014
5/14/2014
Electric ovens (HS 8516.60.10)
Ecuador
ECU/190
2/19/2014
5/14/2014
Microwave ovens (HS 8516.50.00)
Ecuador
ECU/192
2/19/2014
5/14/2014
Dishwashers (HS 8422.11.00)
Fans with a self-contained electric motor of an
output not exceeding 125W (HS 8414.51.00)
Electric storage water heaters (HS
8516.10.00)
Leather (HS 4202.11.10, 4202.11.90, 4202.12,
4202.12.10, 4202.12.90, 4202.21.00,
4202.22.00, 4202.29.00, 4202.31.00,
4202.32.00, 4202.39.00, 4202.91.10,
4202.91.90, 4202.92.00, 4202.99.10 and
4202.99.90)
Biscuits (HS 1905.31.00, 1905.32.00,
1905.90.10 and 1905.90.90)
Respiratory protective devices (HS
6307.90.30)
Gelatin and powder mixes for soft drinks and
instant beverages (HS 2106.90.10,
2106.90.21, 2106.90.29, 2106.90.60,
3503.00.10)
Fruit and vegetable juices, concentrates,
ectars and drinks (HS 2009.11.00,
2009.12.00, 2009.19.00, 2009.21.00,
2009.29.00, 2009.31.00, 2009.39.10,
2009.39.90, 2009.41.00, 2009.49.00,
2009.50.00, 2009.61.00, 2009.69.00,
2009.71.00, 2009.79.00, 2009.81.00,
2009.89.10, 2009.89.20, 2009.89.30,
2009.89.40, 2009.89.50, 2009.89.60,
2009.89.90, 2009.90.00, 2202.10.00, and
2202.90.00)
Ecuador
ECU/193
2/19/2014
Not given
Ecuador
ECU/194
2/24/2014
Not given
Ecuador
ECU/198
2/27/2014
5/15/2014
Ecuador
ECU/201
2/28/2014
5/19/2014
Ecuador
ECU/202
2/28/2014
5/19/2014
Ecuador
ECU/29/Add.3
2/28/2014
Not given
Brake fluid (HS 3819)
Ecuador
ECU/39/Add.3
3/3/2014
Not given
Compact fluorescent lamps (HS 8539)
Ecuador
ECU/52/Add.3
2/21/2014
Not given
Bicycles (HS 8714)
Ecuador
ECU/53/Add.2
2/28/2014
Not given
Metal cable tray, electrical conduit
Ecuador
ECU/54/Add.3
2/28/2014
Not given
Three-wheeled motor vehicles (HS 8711,
8714)
International Trade Compliance April 2014
Baker & McKenzie
Country
89
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
Ecuador
ECU/69/Add.5
2/27/2014
Not given
Meat and meat products
Ecuador
ECU/7/Add.5
2/28/2014
Not given
Labelling and marking of textiles, articles of
apparel, footwear and accessories thereof
Ecuador
ECU/72/Add.3
3/5/2014
Not given
Eggs and egg products (HS 0407, 0408)
Ecuador
ECU/77/Add.2
3/3/2014
Not given
Paint
Ecuador
ECU/78/Add.3
2/27/2014
Not given
Cast iron
Milk and milk products (HS 0402.91.10,
0402.99.10, 0402.99.90, 0403.10.00,
0403.90.10, 0403.90.90, 0405.10.00,
0405.20.00, 0405.90.20, 0405.90.90,
0406.10.00, 0406.20.00, 0406.30.00,
0406.40.00, 0406.90.40, 0406.90.50,
0406.90.60, 0406.90.90 and 1901.90.20)
Footwear (HS 6401.10.00.00, 6401.92.00.00,
6401.99.00.00, 6402.12.00.00, 6402.19.00.00,
6402.20.00.00, 6402.91.00.00, 6402.99.10.00,
6402.99.90.00, 6403.12.00.00, 6403.19.00.00,
6403.20.00.00, 6403.40.00.00, 6403.51.00.00,
6403.59.00.00, 6403.91.10.00, 6403.91.90.00,
6403.99.10.00, 6403.99.90.00, 6404.11.10.00,
6404.11.20.00, 6404.19.00.00, 6404.20.00.00,
6404.20.00.00, 6405.10.00.00, 6405.20.00.00
and 6405.90.00.00)
Ecuador
ECU/89/Add.3
2/27/2014
Not given
Ecuador
ECU/94/Add.3
2/28/2014
Not given
Ecuador
ECU/11/Add.4
3/3/2014
Not given
Steel rods and wire (HS 7214, 7221)
Ecuador
ECU/113/Add.1
3/3/2014
Not given
Frozen chips or French fries (HS 2004.10 and
2004.90)
Ecuador
ECU/141/Add.1
3/3/2014
Not given
Toys (HS 9503)
Ecuador
ECU/195
2/27/2014
Not given
Festive articles (HS 9505.10 and 9505.90)
Ecuador
ECU/196
2/27/2014
5/15/2014
Skin and hair care appliances (HS 8516.31.00,
8516.32.00 and 8516.33.00)
Ecuador
ECU/68/Add.3
3/5/2014
Not given
Packaged water
Ecuador
ECU/84/Add.4
2/28/2014
Not given
Coffee, tea, aromatic herbs and energy drinks
Ecuador
ECU/164
2/11/2014
5/7/2014
Cotters and cotter-pins (HS 7318.24.00)
Ecuador
ECU/191
2/19/2014
5/14/2014
Washer-dryers (HS 8450.12.00)
Ecuador
ECU/173
2/11/2014
5/7/2014
Ecuador
ECU/199
2/28/2014
5/19/2014
International Trade Compliance April 2014
Self-tapping and self-drilling screws (HS
7318.14)
Preserved fruits and vegetables (HS
2001.10.00, 2001.90.10, 2001.90.90,
2002.10.00, 2002.90.00, 2003.10.00,
2003.90.00, 2004.10.00, 2004.90.00,
2005.10.00, 2005.20.00, 2005.40.00,
2005.51.00, 2005.59.00, 2005.60.00,
2005.70.00, 2005.80.00, 2005.91.00,
2005.99.10, 2005.99.20, 2005.99.90,
2006.00.00, 2007.10.00, 2007.91.10,
2007.91.20, 2007.99.11, 2007.99.12,
2007.99.91, 2007.99.92, 2008.11.10,
2008.11.90, 2008.19.10, 2008.19.20,
2008.19.90, 2008.20.90, 2008.30.00,
2008.40.00, 2008.50.00, 2008.60.10,
2008.60.90, 2008.70.20, 2008.70.90,
2008.80.00, 2008.91.00, 2008.93.00,
2008.97.00, 2008.99.20, 2008.99.30, and
Baker & McKenzie
Country
Notification
Final Date
for Comments
Merchandise Covered
2008.99.90)
Expandable anchor bolts for concrete (HS
7318.15.10)
Farinaceous products (HS 1902.11.00,
1902.19.00, 1902.20.00, 1902.30.00,
1902.40.00, 1904.30.00, 1904.90.00,
1905.10.00, and 1905.20.00)
Clean water pumps and motor pumps with a
power rating of 0.187 kW to 0.746 kW(HS
8413.70.11 and 8413.70.19)
Fans with a self-contained electric motor of an
output not exceeding 125 W (HS 8414.51.00)
Food processing machinery (HS 8419.81.00,
8420.10.10, 8420.10.90, 8210.00.10,
8210.00.90, 8433.60.10, 8433.60.90,
8434.10.00, 8434.20.00, 8435.10.00,
8436.10.00, 8436.21.00, 8436.29.10,
8436.29.20, 8436.29.90, 8436.80.10,
8436.80.90, 8437.10.11, 8437.10.19,
8437.10.90, 8437.80.11, 8437.80.19,
8437.80.91, 8437.80.92, 8437.80.93,
8437.80.99, 8438.10.10, 8438.10.20,
8438.20.10, 8438.20.20, 8438.30.00,
8438.40.00, 8438.50.10, 8438.50.90,
8438.60.00, 8438.80.10, 8438.80.20,
8438.80.90, 8478.10.10, and 8478.10.90)
Ecuador
ECU/200
2/28/2014
5/19/2014
Ecuador
ECU/203
2/27/2014
Not given
Ecuador
ECU/204
2/28/2014
5/21/2014
Ecuador
ECU/205
3/3/2014
Not given
Ecuador
ECU/208
3/5/2014
5/27/2014
Ecuador
ECU/19/Add.4
3/12/2014
Not given
Prepackaged and prepared foods
Ecuador
ECU/33/Add.3
3/14/2014
Not given
Insulated electrical conductors and wires
Ecuador
ECU/77/Add.3
3/13/2014
Not given
Paint
Ecuador
ECU/81/Add.4
3/7/2014
Not given
Ecuador
ECU/119/Add.1
3/14/2014
Not given
Ecuador
ECU/159/Add.1
3/14/2014
Not given
Ecuador
ECU/101/Add.1
3/17/2014
Not given
El Salvador
SLV/173
2/28/2014
4/28/2014
Cream and prepared creams
El Salvador
SLV/172
2/28/2014
4/28/2014
Adobe construction system for single-storey
housing
3/14/2014
Not given
Cosmetics
Medium combustion plants
European Communities EEC/186/Add.3
90
Date Issued
European Union
EU/196
3/4/2014
6/4/2014
European Union
EU/197
3/12/2014
6/12/2014
European Union
EU/198
3/12/2014
Not given
International Trade Compliance April 2014
Dummies/pacifiers for babies and young children
Generators, generating sets and electric rotary
converters (HS 8502.11, 8502.11.10,
8502.11.90, 8502.12, 8502.12.10, 8502.12.90,
8502.13, 8502.13.10, 8502.13.90, 8502.20,
8502.20.10, 8502.20.90 and 8502.40)
Clean water pumps and motor pumps with a
power rating of 0.187 kW to 0.746 kW (HS
8413.70.11 and 8413.70.19)
Safety glass for motor vehicles (HS 7007.11,
7007.19, 7007.21, 7007.29, 8708.29)
Live bovine animals, live swine, live sheep and
goats, live horses, asses, mules and hinnies,
other live animals.
All food from animal clones; this would include: meat and edible meat offal, dairy produce; birds' eggs; natural honey; edible prod-
Baker & McKenzie
Country
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
ucts of animal origin, not elsewhere specified
or included, products of animal origin, not
elsewhere specified or included (if food or
used for food production), animal or vegetable
fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
(if food or used for food production), preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates (if food or
used for food production), miscellaneous edible preparations (if obtained from animal
clones if food or used for food production)
91
European Union
EU/199
3/17/2014
5/17/2014
Waste covered by Directive 2008/98/EC
European Union
EU/200
3/17/2014
5/17/2014
Waste covered by Directive 2008/98/EC
European Union
EU/201
3/17/2014
5/17/2014
Waste containing persistent organic pollutants
European Union
EU/202
3/17/2014
5/17/2014
Food
European Union
EU/203
3/17/2014
5/17/2014
Food
European Union
EU/205
3/25/2014
5/17/2014
Food
Honduras
HND/83
3/5/2014
5/5/2014
Cream and prepared creams
Honduras
HND/84
3/5/2014
5/5/2014
Cheese
Honduras
HND/82
2/28/2014
4/28/2014
Licensing of health establishments
Hungary
HUN/28
3/12/2014
5/13/2014
Indonesia
IDN/19/Add.8
3/28/2014
Indonesia
IDN/72/Add.1
3/28/2014
Israel
ISR/744
2/28/2014
4/28/2014
Food packaging that includes an object
Israel
ISR/745
2/28/2014
4/28/2014
Low-voltage switchgear and controlgear (HS
8536.30, 8536.50, 8536.90, 8538.90)
Israel
ISR/611/Add.1
3/10/2014
Not given
Milk and milk products (HS 0401-0406)
Israel
ISR/717/Add.1
3/10/2014
Not given
Milk and milk products (HS 0401, 0402, 0403,
0404, 0405, 0406)
Israel
ISR/372/Add.2
3/10/2014
Not given
Milk and milk products (HS 0401-0406)
Israel
ISR/373/Add.2
3/10/2014
Not given
Milk and milk products (HS 0401-0406)
Israel
ISR/374/Add.2
3/10/2014
Not given
Milk and milk products (HS 0401-0406)
Israel
ISR/375/Add.2
3/10/2014
Not given
Milk and milk products (HS 0401-0406)
Israel
ISR/376/Add.2
3/10/2014
Not given
Milk and milk products (HS 0401-0406)
International Trade Compliance April 2014
Construction products, fire engineering products, flammable or explosive devices, machines or facilities
Tank Steel for LPG (HS 7311); Valve of Tank
Steel for LPG (HS 8481.80); LPG Stove of
One Tank with Mechanic Burning (HS
Not given by
7321.11, 7321.81, 7321.90); Low Pressure
country
Regulator for LPG Tank Steel (HS 8481.10,
8481.80); Rubber Hose for LPG (HS 4009.11,
4009.12)
Not given by
Zinc oxide (HS 2817)
country
Baker & McKenzie
Country
92
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
Israel
ISR/377/Add.2
3/10/2014
Not given
Milk and milk products (HS 0401-0406)
Israel
ISR/378/Add.2
3/10/2014
Not given
Milk and milk products (HS 0401-0406)
Israel
ISR/379/Add.2
3/10/2014
Not given
Raw cow milk (HS 0401)
Israel
ISR/380/Add.2
3/10/2014
Not given
Soft white cheeses (HS 0406.10)
Israel
ISR/381/Add.2
3/10/2014
Not given
Cream (HS 0402-0403)
Israel
ISR/382/Add.2
3/10/2014
Not given
Sour cream (HS 0403.90)
Israel
ISR/383/Add.2
3/10/2014
Not given
Cow's milk for drinking (HS 0401)
Israel
ISR/384/Add.2
3/10/2014
Not given
Fermented milk products (HS 0403, 0406)
Israel
ISR/385/Add.2
3/10/2014
Not given
Butter (HS 0405)
Korea, Republic of
KOR/479
3/5/2014
5/5/2014
Electrical Appliances
Korea, Republic of
KOR/480
3/5/2014
5/5/2014
Cosmetics
Korea, Republic of
KOR/481
3/5/2014
5/5/2014
Living Modified Organisms (LMOs)
Korea, Republic of
KOR/482
3/7/2014
5/7/2014
Pharmaceuticals
Malaysia
MYS/15/Rev.2
3/12/2014
Not given
Toys (HS Chapter 95)
Malaysia
MYS/39
3/12/2014
5/12/2014
Malaysia
MYS/40
3/24/2014
5/24/2014
Mexico
MEX/186/Add.4
3/5/2014
Not given
Mexico
MEX/257/Add.1
3/3/2014
Not given
Cocoa, chocolate and other similar products
Mexico
MEX/269
3/3/2014
4/14/2014
Water and ice
Mexico
MEX/270
3/3/2014
4/7/2014
Petrol-fuelled motor vehicles
Mexico
MEX/271
3/5/2014
3/28/2014
Electrical products (ICS 03.120.20 and
29.020)
Nicaragua
NIC/134
3/6/2014
5/6/2014
Cocoa
Nicaragua
NIC/135
3/6/2014
5/6/2014
Single-phase squirrel-cage AC induction motors
Nicaragua
NIC/136
3/10/2014
5/10/2014
Milk products, cheese
Nicaragua
NIC/137
3/10/2014
5/10/2014
Milk products, Cream and prepared creams
Qatar
QAT/136/Rev.1
3/10/2014
Not given
Cream cheese
Qatar
QAT/182/Rev.1
3/10/2014
Not given
Iced tea
Qatar
QAT/320
3/12/2014
5/12/2014
Animal slaughtering
Qatar
QAT/321
3/12/2014
5/12/2014
Frozen mixed vegetables
Qatar
QAT/322
3/12/2014
5/12/2014
Chilled chicken
Qatar
QAT/323
3/12/2014
5/12/2014
Food grade mineral oils
International Trade Compliance April 2014
Prepackaged products declared by mass, volume, area, length and count range from 5mL
to 50L (volume) and 5g to 50kg (mass).
Tableware and kitchenware of porcelain or
china (HS 6911.10) and ceramic tableware,
kitchenware other than of porcelain or china
(HS 6912.00)
Transportable liquefied petroleum gas (LPG)
containers
Baker & McKenzie
Country
93
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
Qatar
QAT/324
3/12/2014
5/12/2014
Martadella (luncheon) meat
Qatar
QAT/325
3/12/2014
5/12/2014
Turnip brassica rapa
Qatar
QAT/326
3/12/2014
5/12/2014
Qatar
QAT/327
3/12/2014
5/12/2014
Qatar
QAT/328
3/12/2014
5/12/2014
Mashed black olive
Qatar
QAT/329
3/14/2014
5/14/2014
Atta wheat flour
Qatar
QAT/330
3/17/2014
5/17/2014
Chicken Eggs
Qatar
QAT/331
3/14/2014
5/14/2014
Edible essential water general requirements
Qatar
QAT/332
3/14/2014
5/14/2014
Nonalcoholic carbonated Beverages
Qatar
QAT/333
3/14/2014
5/14/2014
Soft Candy
Qatar
QAT/334
3/14/2014
5/14/2014
Sweet Cassava
Qatar
QAT/335
3/24/2014
5/17/2014
Bottled drinking water
Qatar
QAT/336
3/24/2014
5/24/2014
Canned Stone Fruits
Qatar
QAT/337
3/24/2014
5/24/2014
High Fructose Syrup (42% AND 55%)
Qatar
QAT/338
3/24/2014
5/24/2014
Puffed grain
Qatar
QAT/339
3/24/2014
5/24/2014
Trans Fatty Acids
Qatar
QAT/340
3/24/2014
5/24/2014
Unbottled drinking water
Russian Federation
RUS/33
3/24/2014
5/20/2014
Electrical energy consuming devices
Russian Federation
RUS/34
3/24/2014
5/20/2014
Equipment used on children's playgrounds
Russian Federation
RUS/35
3/24/2014
5/20/2014
Electrotechnical and radio-electronic devices
Inverted molases liquer for used in tobacco
industry
Permissible and impermissible tobacco additives
Toiletries and Surface Active Agents: Washing
bars Synthetic laundry detergents for household use, Detergent for industrial dishwashing
equipment, Liquid household hand dishwashing detergent
Water quality; Tolerance limits of discharged
industrial wastewater
Rwanda
RWA/25/Corr.1
3/5/2014
Not given
Rwanda
RWA/27/Corr.1
3/5/2014
Not given
Rwanda
RWA/28/Corr.1
3/5/2014
Not given
Construction materials in general
Saudi Arabia
SAU/720
3/6/2014
5/6/2014
Rigid polyisocyanurate (PIR) and polyurethane
(PUR) products
Saudi Arabia
SAU/721
3/6/2014
5/6/2014
Food additives
Saudi Arabia
SAU/722
3/6/2014
5/6/2014
Saudi Arabia
SAU/723
3/6/2014
5/6/2014
Saudi Arabia
SAU/724
3/6/2014
5/6/2014
Saudi Arabia
SAU/725
3/6/2014
5/6/2014
Saudi Arabia
SAU/726
3/6/2014
5/6/2014
Saudi Arabia
SAU/727
3/14/2014
5/14/2014
International Trade Compliance April 2014
Rigid polyisocyanurate (PIR) and polyurethane
(PUR) products
Rigid polyisocyanurate (PIR) and polyurethane
(PUR) products
Rigid polyisocyanurate (PIR) and polyurethane
(PUR) products
Rigid polyisocyanurate (PIR) and polyurethane
(PUR) products
Rigid polyisocyanurate (PIR) and polyurethane
(PUR) products
Vermiculite Loose Fill Thermal Insulation
Baker & McKenzie
Country
94
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
Saudi Arabia
SAU/728
3/14/2014
5/14/2014
Perlite Loose Fill Insulation
Saudi Arabia
SAU/729
3/14/2014
5/14/2014
Mortar for masonry
Saudi Arabia
SAU/730
3/14/2014
5/14/2014
Saudi Arabia
SAU/731
3/14/2014
5/14/2014
Saudi Arabia
SAU/732
3/14/2014
5/14/2014
High Fructose Syrup
Saudi Arabia
SAU/733
3/17/2014
5/17/2014
Sweeteners
South Africa
ZAF/175
3/7/2014
5/5/2014
Rice (HS 1006)
Taiwan Economy
TPKM/155
3/10/2014
4/14/2014
Food Additives
Taiwan Economy
TPKM/156
3/14/2014
Taiwan Economy
TPKM/135/Add.3
3/20/2014
Taiwan Economy
TPKM/149/Add.1
3/20/2014
Taiwan Economy
TPKM/157
3/24/2014
5/24/2014
Light duty vehicles and motorcycles
Thailand
THA/431
3/24/2014
5/24/2014
Ball Point Pens (HS 9608.10)
Thailand
THA/432
3/24/2014
5/24/2014
Ball Point Pen Refills (HS 9608.60)
Thailand
THA/433
3/24/2014
5/24/2014
Paints and varnishes (HS 3209)
Turkey
TUR/41/Add.2
3/25/2014
Not given
Turkey
TUR/46
3/14/2014
4/25/2014
Turkey
TUR/47
3/14/2014
4/25/2014
Heat treated drinking milk
Turkey
TUR/48
3/14/2014
4/25/2014
Cheese
Turkey
TUR/49
3/14/2014
4/25/2014
Materials and articles intended to come into
contact with food.
Turkey
TUR/50
3/14/2014
4/25/2014
Follow on formula and follow-on milk
Turkey
TUR/51
3/14/2014
4/25/2014
Infant formula
Turkey
TUR/52
3/14/2014
Not given
Feed additives
Turkey
TUR/53
3/14/2014
4/25/2014
Fruit juices and similar products
Turkey
TUR/54
3/14/2014
4/25/2014
Table olives
Turkey
TUR/55
3/14/2014
5/14/2014
Olive oil and olive pomace oil
Thermal insulation products for buildings Factory made cellular glass (CG)
Thermal insulation products for buildings Factory made mineral wool (MW) products
Prepackaged infant and follow-up formula and
formula for certain disease
Not given by Prepackaged beverages claimed to contain
country
fruit and/or vegetable juice
Not given by Prepackaged food containing allergenic subcountry
stances
4/6/2014
Alcoholic Beverages (HS 2203; 2204; 2205;
2206; 2208)
Sampling and analysis methods of olive oil
and olive-residue oil
Turkey
TUR/56
3/17/2014
5/14/2014
Black tea, green tea, flavoured black and
green tea, and decaffeinated black and green
tea excluding cover black and green tea to
which dried herbs and/or fruits are added.
Tea, whether or not flavoured (HS 0902)
Uganda
UGA/415
3/3/2014
5/3/2014
Gas pressure vessels, gas cylinders
International Trade Compliance April 2014
Baker & McKenzie
Country
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
Uganda
UGA/416
3/3/2014
5/3/2014
Fishing and fish breeding
Uganda
UGA/417
3/3/2014
5/3/2014
Products of the textile industry
United Arab Emirates
ARE/195
3/6/2014
5/6/2014
Atta wheat flour
United Arab Emirates
ARE/196
3/6/2014
5/6/2014
Chicken eggs
United Arab Emirates
ARE/197
3/6/2014
5/6/2014
Edible essential water
United Arab Emirates
ARE/198
3/6/2014
5/6/2014
Non-alcoholic carbonated beverages
United Arab Emirates
ARE/199
3/6/2014
5/6/2014
Soft candy
United Arab Emirates
ARE/200
3/6/2014
5/6/2014
Sweet cassava
United Arab Emirates
ARE/201
3/7/2014
5/7/2014
Additives permitted for use in food stuffs
United Arab Emirates
ARE/202
3/12/2014
5/12/2014
Bottled drinking water
United Arab Emirates
ARE/203
3/12/2014
5/12/2014
Canned Stone Fruits
United Arab Emirates
ARE/204
3/12/2014
5/12/2014
Puffed Grain
United Arab Emirates
ARE/205
3/14/2014
5/14/2014
Unbottled drinking water
United States
USA/891
3/5/2014
4/29/2014
Oranges and grapefruit
United States
USA/892
3/5/2014
4/29/2014
Grapefruit and oranges
United States
USA/893
3/10/2014
6/2/2014
Food products, labelling
United States
USA/894
3/10/2014
6/2/2014
Food products, labeling, serving sizes
United States
USA/895
3/10/2014
Not given
Kiwi fruit
United States
USA/896
3/10/2014
5/5/2014
Commercial clothes washers (HS 8450)
United States
USA/822/Add.1
3/17/2014
Not given
Carriages and strollers (HS 8715)
United States
USA/888
2/24/2014
3/17/2014
Commercial heating, ventilating, airconditioning, water heating, and refrigeration
equipment (HS 8415, 8416, 8417, 8418, 8419)
United States
USA/889
2/24/2014
4/21/2014
Alternative fuel vehicles
United States
USA/897
3/18/2014
5/27/2014
Packaged terminal air conditioners (PTACs)
and packaged terminal heat pumps
(PTHPs)(HS 8418.61)
United States
USA/900
3/26/2014
5/21/2014
Packaging and labelling
CBSA Advance Rulings
No recent advance rulings were posted by the Canada Border Services Agency
(CBSA). Only certain rulings are posted by CBSA, and confidential information
has been redacted. .
CBP Rulings: Downloads and Searches
Because US Customs and Border Protection issues several thousand rulings a
year, it is not practical to list each ruling. However, rulings are made available for
downloading in self extracting files approximately every two weeks at:
http://www.cbp.gov/xp/cgov/trade/legal/rulings/downloadable_rulings/. In addition, almost all rulings issued by US Customs or US Customs and Border Protection from 1993 to the present and many issued before 1993 are available for
95
International Trade Compliance April 2014
Baker & McKenzie
search and downloading using the CROSS search engine at
http://rulings.cbp.gov.
CBP Rulings: Revocations or Modifications
There were no proposals made or actions taken that were published in the weekly
Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify binding rulings
or treatment previously accorded to substantially identical merchandise.
European Classification Regulations
The table below shows the Classification Regulations that were published in the
Official Journal during the period covered by this International Trade Compliance
Update.
Commission
Implementing
Regulation
Description of the goods
The product is a round, moulded bowl,
of plastics. Its diameter is approximately 18,5 cm and its height is approximately 7 cm. The bowl holds approximately 700 ml.
Classification
(CN code)
3924 90 00
Reasons
Classification is determined by the general rules 1
and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3924 and
3924 90 00.
Heading 3924 covers a wide range of household
articles and does not exclude articles not intended
for use by humans. Given its objective characteristics, the pet food bowl is considered a household
article of heading 3924.
(EU) № 197/2014 The bowl is a container for pet food to
of 28 Feb. 2014 feed animals (for example, dogs).
The product is therefore to be classified under CN
code 3924 90 00 as other household articles and
hygienic or toilet articles of plastics.
A product presented in tablets, put up
for retail sale in a plastic box containing
30 tablets. The content of each tablet
consists of the following components:
— bromelain (500 mg),
— cellulose,
— calcium phosphate,
— silica,
— magnesium stearate.
(EU) № 198/2014 According to the label the product is
of 28 Feb. 2014 presented as a food supplement for
human consumption.
2106 90 92
Classification is determined by General Rules 1 and
6 for the interpretation of the Combined Nomenclature, Additional Note 5 to Chapter 21 and the wording of CN codes 2106, 2106 90 and 2106 90 92.
The product does not exhibit clearly defined prophylactic or therapeutic properties. Consequently, it
cannot be classified under heading 3004 as a medicament.
As the product is a food preparation presented in the
form of measured doses and intended for use as a
food supplement, the requirements of Additional
Note 5 to Chapter 21 are fulfilled.
The product is a preparation of enzymes with added
substances and a presentation that renders it suitable for a specific purpose, namely as a food supplement for human consumption (see also the Harmonized System Explanatory Notes to heading 3507,
point (C), first paragraph). Consequently, as the
product is covered by Additional Note 5 to Chapter
21, classification under heading 3507 as a prepared
enzyme is excluded.
The product is therefore to be classified under heading 2106 as a food preparation not elsewhere speci-
96
International Trade Compliance April 2014
Baker & McKenzie
Commission
Implementing
Regulation
Description of the goods
Classification
(CN code)
Reasons
fied or included.
A product in the form of a stylised giraffe (approximately 36 cm high and
weighing approximately 820 g), consisting of a soft, textile exterior filled
with various materials. The head is
filled with a soft textile material while
the body and limbs contain a loose
millet and lavender filling (which cannot
be taken out for use as a separate
(EU) №199/2014 cushion).
of 28 Feb. 2014 The product can be heated in either a
microwave or a traditional oven and
also cooled in either a fridge or a
freezer in order to be used as a heating
or cooling cushion.
9503 00 41
Given its design and presentation, the product is
basically intended for entertaining children and
adults (see also the Harmonized System Explanatory Notes to Chapter 95, General, and to heading
9503, letter (D)). Any other use based on its warming or cooling capacity is considered subsidiary to its
entertainment value. The product is therefore considered to be a toy of heading 9503. Classification
on the basis of one of its constituent materials (for
example, as millet under heading 1008 or as other
made-up textile article under heading 6307) is therefore excluded.
(*) See image which is for information
purposes only
A colour monitor of the liquid crystal
display (LCD) type with a diagonal
measurement of the screen of approximately 48 cm (19 inches) with dimensions of approximately 46 × 37 × 21 cm
with:
— a native resolution of 1 440 × 900
pixels,
The product is therefore to be classified as a stuffed
toy representing an animal under CN code 9503 00
41.
8528 51 00
(EU) № 310/2014
of 25 March 2014
an aspect ratio of 16:10,
—
a pixel pitch of 0,285 mm,
—
a brightness of 300 cd/m2,
—
a contrast ratio of 500:1,
—
a response time of 8 ms,
—
Classification is determined by general rules 1 and 6
for the interpretation of the Combined Nomenclature,
and by the wording of CN codes 8528 and 8528 51
00.
Given the objective characteristics of the product,
such as the resolution, the supported resolutions,
the aspect ratio, the pixel pitch suitable for prolonged close viewing, the brightness, the interfaces
commonly used in ADP systems and the presence
of tilt mechanisms, the intended use is that of a
monitor of a kind solely or principally used in an ADP
system of heading 8471.
— supported resolutions of 640 ×
480, 800 × 600, 1 024 × 768 and 1
280 × 1 024 pixels,
—
Classification is determined by the general rules 1
and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9503 00 and
9503 00 41.
The monitor is therefore to be classified under CN
code 8528 51 00 as other monitors of a kind solely
or principally used in an automatic data-processing
system of heading 8471.
two loudspeakers,
— power and control buttons.
It is equipped with the following interfaces:
—
a DVI-D,
—
two VGA.
It has a stand with a tilt mechanism.
The monitor is presented for use with
automatic data-processing (ADP) machines.
1. A machine with sound reproducing
(EU) № 311/2014 and editing functions in a housing with
of 25 March 2014 dimensions of approximately 43 × 15 ×
8 cm.
It is equipped with a CD reader and an
97
International Trade Compliance April 2014
8519 81 35
Classification is determined by general rules 1 and 6
for the interpretation of the Combined Nomenclature,
note 3 to Section XVI and by the wording of CN
codes 8519, 8519 81 and 8519 81 35.
As the machine is designed for the purpose of performing two alternative functions (sound reproducing
Baker & McKenzie
Commission
Implementing
Regulation
Description of the goods
Classification
(CN code)
Reasons
audio output. It has knobs, pushbuttons, sliders and a small liquid crystal display (LCD) indicator.
function and sound editing function), it is to be classified, by virtue of note 3 to Section XVI, as being
that machine which performs the principal function.
The machine is capable of editing
sound: it is equipped with seamless
loop points, stutter starts, a beats per
minute (BPM) counter and a fader.
Due to its objective characteristics, namely the presence of only one input possibility for sound files (the
CD reader) and the limited editing capability, the
sound reproducing function is the machine's principal function.
The machine is intended to be used for
sound reproducing and editing in a
non-professional environment.
2. A machine with sound reproducing
and editing/mixing functions (so-called
‘disc jockey multi player’) in a housing
with dimensions of approximately 40 ×
32 × 10 cm.
It is equipped with a CD reader and
has various interfaces (USB, audio
outputs, SD card reader). It has knobs,
push-buttons, sliders and a 6,1 inches
liquid crystal display (LCD) indicator.
The machine is capable of editing and
mixing sound. For those purposes it is,
inter alia, equipped with:
— an auto beats per minute (BPM)
counter;
— a fader start and back cue;
— a track hot cue;
— a loop;
— a 4 beat loop;
The machine is therefore to be classified under CN
code 8519 81 35 as other sound recording or sound
reproducing apparatus with laser reading system.
8543 70 90
Classification is determined by general rules 1 and 6
for the interpretation of the Combined Nomenclature,
note 3 to Section XVI and by the wording of CN
codes 8543, 8543 70 and 8543 70 90.
As the machine is designed for the purpose of performing two alternative functions (sound reproducing
function and sound editing/mixing function), it is to
be classified, by virtue of note 3 to Section XVI, as
being that machine which performs the principal
function.
Due to its objective characteristics, namely the number of technical features for editing and mixing
sound, the possibility to mix sound files originating
from various sources, the design and conception of
the machine, the sound editing /mixing function is
the machine's principal function. Consequently,
classification under heading 8519 is excluded.
The machine is therefore to be classified under CN
code 8543 70 90 as other machines and apparatus,
having individual functions, not specified or included
elsewhere in Chapter 85.
— cue point setting.
The machine is intended to be used by
professional disc-jockeys for reproducing, editing and mixing sound.
The sound files that are reproduced,
edited and mixed can come from various sources (CD-reader, automatic
data-processing (ADP) machine, USB
memory or SD card).
The machine can operate stand-alone
or in conjunction with an ADP machine.
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.
98
International Trade Compliance April 2014
Baker & McKenzie
Official Journal
CN code or page Description of Articles
2014/C 68/03 of
07-03-14
2104 p.89
2104 20 00 Homogenised composite food preparations
Section 337 Actions
In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C.
§1337) provides in rem relief from unfair practices in import trade, including unfair
methods of competition in the importation of articles, importation and sale in
the United States of articles which infringe US patents, registered trademarks,
copyrights or mask works. Listed below are 337 actions published during the past
month by the US International Trade Commission, the independent United States
agency charged with enforcement of section 337.
Ref. Number
337–TA–613
337–TA–830
337–TA–837
337–TA–847
337–TA–866
337–TA–885
337–TA–850
337–TA–859
337–TA–876
337–TA–889
337–TA–896
337–TA–910
337–TA–911
99
Commodity
Action
Revised notice of Commission determination to remand investigaCertain 3G mobile handsets and components
tion to the Chief Administrative Law Judge pursuant to remand
thereof
from the US Court of Appeals for the Federal Circuit
(Enforcement/Modification) Commission decision to review in part
Certain dimmable compact fluorescent lamps
an enforcement initial determination; schedule for filing written
and products containing same
submissions
Commission determination to grant the motions to partially terminate the investigation as to all claims relating to US Patent Nos.
Certain audiovisual components and products
5,780,087, 6,982,663, and 6,707,867; final determination of no
containing the same
violation with respect to U.S. Patent No. 6,452,958; termination of
the investigation
Notice of the Commission’s determination to grant the parties’ joint
Certain mobile phones and tablet computers,
motion to terminate the investigation based on a settlement
and components thereof
agreement; termination of investigation
Commission determination not to review an initial determination
Certain wireless communications equipment
granting a joint motion to terminate the investigation based on a
and articles therein
settlement agreement; termination of investigation
Certain portable electronic communications
Commission determination not to review an initial determination
devices, including mobile phones and comgranting joint motion to terminate the investigation in its entirety
ponents thereof
based on settlement; termination of investigation
Commission determination to reverse the finding of violation of
Certain electronic imaging devices
section 337; termination of the investigation
Certain integrated circuit chips and products
Notice of request for statements on the public interest
containing the same
Certain microelectromechanical systems
Commission determination not to review an initial determination by
(“MEMS Devices”) and products containing
the presiding ALJ terminating the investigation in its entirety based
the same
on a settlement agreement. The investigation is terminated
Commission determination not to review an initial determination
Certain wireless devices, including mobile
granting a joint motion to terminate the investigation based on a
phones and tablets
settlement agreement; termination of investigation
Certain thermal support devices for infants,
Commission determination not to review an initial determination
infant incubators, infant warmers, and comgranting a joint motion to terminate the investigation based on a
ponents thereof
settlement agreement; termination of investigation
Certain television sets, television receivers,
Institution of an investigation based on a complaint filed on behalf
television tuners, and components thereof
of Cresta Technology Corporation alleging patent infringement
Institution of an investigation based on a complaint filed on behalf
Certain lithium silicate materials and products
of Ivoclar Vivadent AG; Ivoclar Vivadent, Inc.; and Ivoclar Vivadent
containing the same
Manufacturing Inc. alleging patent infringement
International Trade Compliance April 2014
Baker & McKenzie
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:
Ref. №
DN 3002
DN 3003
DN 3004
Commodity
Complaint filed on behalf of:
Certain earpiece devices having positioning and retaining structure
Bose Corporation
and components thereof,
Baxter International Inc., Baxter Healthcare CorCertain hemostatic products and components thereof
poration, and Baxter Healthcare SA,
Certain Sulfentrazone, Sulfentrazone Compositions, and ProFMC Corporation
cesses for Making Sulfentrazone
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, CVD=countervailing duty or subsidy; LTFV=less than fair value.
United States Department of Commerce, International Trade Administration (ITA)
Case №
A–588–704
A–570–851
A–533–824
A–583–837
C–475–819
A–570–893
Merchandise/Country
Brass sheet and strip from Japan
Certain preserved mushrooms from China
Polyethylene terephthalate film, sheet and
strip from India and Taiwan
Pasta from Italy
Certain frozen warmwater shrimp from China
C–570–968 Aluminum extrusions from China
A–489–805 Certain pasta from Turkey
Certain cut-to-length carbon-quality steel plate
A–580–836
products from S. Korea
A–570–848 Freshwater crawfish tail meat from China
A–570–928
Uncovered innerspring units from China,
A–791–821
South Africa, and Vietnam
A–552–803
A–570–918 Steel wire garment hangers from China
C–570–993
C–560–827
C–570–011
C–570–995
100
Action
Rescission of ADD administrative review; 2012-2013
Final results of ADD administrative review; 2012-2013
Final results of the second sunset review of the ADD orders and
correction to the preliminary results
Final results of CVD administrative review; 2011
Notice of court decision not in harmony with the final determination
and amended final determination of the ADD investigation
Notice of court decision not in harmony with final affirmative CVD
determination and notice of amended final affirmative CVD determination
Notice of initiation of ADD new shipper review
Preliminary results of ADD administrative review; 2012–2013
Final results of the third expedited sunset review of the ADD order
Final results of the expedited sunset reviews of the ADD orders
Continuation of ADD order
Preliminary affirmative CVD determination; and preliminary afMonosodium glutamate from China
firmative determination of critical circumstances
Preliminary negative CVD determination; and preliminary negative
Monosodium glutamate from Indonesia
determination of critical circumstances
Certain crystalline silicon photovoltaic products Postponement of preliminary determination in the CVD investigafrom China
tion
Grain-oriented electrical steel from China
Preliminary CVD determination and alignment of final determina-
International Trade Compliance April 2014
Baker & McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case №
Merchandise/Country
A–307–824 Ferrosilicon from Venezuela
A–821–820
A–570–996
A–428–843
A–588–872
A–580–872
A–401–809
A–583–851
A–570–873
A–791–815
Ferrosilicon from the Russian Federation
Non-oriented electrical steel from China, Germany, Japan, S. Korea, Sweden and Taiwan
Ferrovanadium from China and South Africa
A–549–831 Steel threaded rod from Thailand
A–570–806 Silicon metal from China
A–570–928 Uncovered innerspring units from China
Certain kitchen appliance shelving and racks
C–570–942
from China
Narrow woven ribbons with woven selvedge
A–583–844
from Taiwan
C–570–995 Grain-oriented electrical steel from China
A–552–802
C–570–936
A–552–802
A–549–822
A–570–893
A–552–802
A–821–820
A–427–818
A–570–929
A–351–825
A–570–934
C–580–837
A–533–840
Certain frozen warmwater shrimp from Vietnam
Circular welded carbon quality steel line pipe
from China
Certain frozen warmwater shrimp from Vietnam
Certain frozen warmwater shrimp from Thailand
Certain frozen warmwater shrimp from China
Certain frozen warmwater shrimp from Vietnam
Ferrosilicon from the Russian Federation
Low-enriched uranium from France
Small diameter graphite electrodes from China
Stainless steel bar from Brazil
1-Hydroxyethylidene-1, 1-diphosphonic acid
from China
Certain cut-to-length carbon-quality steel plate
from S. Korea
Certain frozen warmwater shrimp from India
A–533–810 Stainless steel bar from India
C–583–852 Non-oriented electrical steel from Taiwan
C–570–997 Non-oriented electrical steel from China
101
International Trade Compliance April 2014
Action
tion with final ADD determination
Preliminary determination of sales at LTFV and postponement of
final determination
Preliminary determination of sales at not LTFV
Postponement of preliminary determinations of ADD investigations
Final results of the expedited second sunset reviews of the ADD
orders
Final determination of sales at LTFV and affirmative final determination of critical circumstances
Rescission of ADD administrative review; 2012-2013
ADD administrative review; 2012-2013
Final results of CVD administrative review; 2011
Rescission, in part, of ADD administrative review; 2012-2013
Preliminary CVD determination and alignment of final determination with final ADD determination - correction
Final results of reconducted administrative review of Grobest & IMei Industrial (Vietnam) Co., Ltd. and intent not to revoke; 2008 2009
Final results of expedited sunset review of the CVD order
Notice of reopening of the first five-year “sunset” review of the
ADD order
Preliminary results of ADD administrative review, partial rescission
of review, preliminary determination of no shipments; 2012–2013
Preliminary results of ADD administrative review; 2012– 2013
Preliminary results of ADD administrative review; 2012–2013
Postponement of final AD determination
Preliminary results of ADDadministrative review; 2012– 2013
Preliminary results of ADD administrative review and partial rescission; 2012–2013
Preliminary results of ADD administrative review; 2012– 2013
Preliminary results of ADD administrative review; 2012-2013
Preliminary results of CVD administrative review; 2012
Preliminary results of ADD administrative review; 2012-2013
Preliminary results and partial rescission of ADD administrative
review; 2012-2013
Preliminary CVD determination and alignment of final determination with final AD determination
Preliminary affirmative CVD determination, preliminary affirmative
critical circumstances determination, and alignment of final CVD
determination with final ADD determination
Baker & McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case №
Merchandise/Country
C–580–873 Non-oriented electrical steel from S. Korea
A–570–886
A–570–916
A–588–804
A–412–801
C–570–917
Polyethylene retail carrier bags from China
Laminated woven sacks from China
Ball bearings and parts thereof from Japan
and the United Kingdom:
Laminated woven sacks from China
A–469–814 Chlorinated isocyanurates from Spain
Corrosion-resistant carbon steel flat products
from S. Korea
A–570–851 Certain preserved mushrooms from China
A–570–847 Persulfates from China
Circular welded carbon quality steel pipe from
A–570–910
China
A–580–816
Action
Preliminary negative CVD determination, preliminary negative critical circumstances determination, and alignment of final CVD determination with final ADD determination
Affirmative final determination of circumvention of the ADD order
Continuation of ADD order
Final results of sunset reviews and revocation of ADD orders
Continuation of CVD order
Preliminary no shipments determination of ADD administrative
review; 2012–2013
Final results of ADD administrative review; 2011–2012
Initiation of ADD new shipper review; 2013–2014
Continuation of ADD order
Rescission of ADD administrative review; 2012-2013
United States International Trade Commission (USITC)
Case №
731–TA–1146–1147
731–TA–1145
731–TA–1021
731–TA–1014, 1016,
1017
731–TA–1148
701-TA-511
731-TA-1246-1247
731–TA–749
701–TA–450
731–TA–1122
701–TA–455
731–TA–1149
701–TA–510
731–TA–1245
701–TA–512
731–TA–1248
102
Merchandise/Country
1-Hydroxyethylidene-1, 1-Diphosphonic Acid
(HEDP) From China and India
Certain Steel Threaded Rod From China
Malleable Iron Pipe Fittings From China
Polyvinyl Alcohol From China, Japan,
and Korea
Frontseating Service Valves From China
Action
(Review) Institution of Five-Year Reviews
(Review) Institution of a Five-Year Review
(Second Review) Institution of a five-year review
(Second Review) Institution of Five-Year Reviews Concerning the Antidumping Duty Orders
(Review) Institution of a Five-Year Review
(Preliminary) Determination that there is a reasonable
indication that an industry in the United States is materialCertain crystalline silicon photovoltaic prodly injured by reason of imports, that are alleged to be sold
ucts from China and Taiwan
in the United States at LTFV and are allegedly subsidized
by the Government of China
(Third Review) Determination that revocation of the ADD
order would be likely to lead to continuation or recurrence
Persulfates from China
of material injury to an industry in the United States within
a reasonably foreseeable time
(Review) Determination that revocation of the ADD and
CVD orders would be likely to lead to continuation or reLaminated woven sacks from China
currence of material injury to an industry in the United
States within a reasonably foreseeable time
Circular welded carbon quality steel line pipe (Review) Scheduling of expedited five-year reviews confrom China
cerning the CVD and ADD orders
(Preliminary) Determinations that there is a reasonable
indication that an industry in the United States is materialCalcium hypochlorite from China
ly injured by reason of imports that are alleged to be sold
in the United States at LTFV, and that are allegedly subsidized by the government of China
(Preliminary) Determination that there is a reasonable
Carbon and certain alloy steel wire rod from indication that an industry in the United States is materially injured by reason of imports from China that are alleged
China
to be sold in the United States at LTFV and allegedly sub-
International Trade Compliance April 2014
Baker & McKenzie
United States International Trade Commission (USITC)
Case №
Merchandise/Country
731–TA–1224-1225
Action
Ferrosilicon from Russia and Venezuela
sidized by the Government of China
(Final) Scheduling of the final phase of antidumping investigations
Canadian International Trade Tribunal (CITT)
Ref. Number
LE-2013-003
LE-2013-002
RD-2013-003
RR-2013-003
Merchandise/Country
Action
Dumping: certain carbon steel fasteners originating in
or exported from China and Chinese Taipei; Subsidizing: such products originating in or exported from China
Mattress innerspring units, with or without edgeguards, used in the manufacture of innerspring mattresses, originating in or exported from China
Certain liquid dielectric transformers originating in or
exported from S. Korea
Dumping and Subsidizing: Aluminum extrusions originating in or exported from China
Notice of expiry of order on January 5, 2014; Notice of
participation in expiry proceedings due on/before March
18, 2014
CITT has decided not to initiate an expiry review
Notice of commencement of interim review
CITT continues its findings in respect of the aforementioned goods after an expiry review – reasons issued
Canada Border Services Agency (CBSA)
Ref. Number
Merchandise/Country
Action
AD 1395 4214-35
Certain liquid dielectric transformers from S. Korea
New final determination of dumping; ADD will be reimposed on imports of subject goods; the amount of ADD
on shipments released from customs during the provisional period from December 6, 2013, to March 6, 2014,
will be finalized. Statement of reasons issued
AD 1308
Certain carbon steel fasteners originating in or
exported from China and Chinese Taipei
Notice of conclusion of re-investigation
NAFTA Panels
Ref. Number
Merchandise/Country
Action
No NAFTA panel actions were published
Mexico - Ministry of Economy
Ref. №
21/13
07/13
03/13
103
Merchandise/Country
Action
Stainless steel sinks originating in China, regardless of the country of origin
Hot rolled steel sheet originating in the Russian
Federation, regardless of country of origin.
Fabric mesh or galvanized carbon steel wire, in
a grid, originating in China, regardless of the
country of origin
Resolution accepting the request of a party and the start of the
AD investigation
Final resolution of the investigation on evasion of payment of the
ADD imposed
International Trade Compliance April 2014
Preliminary resolution of AD investigation.
Baker & McKenzie
European Union
Ref. Number
Merchandise/Country
Action
Council Implementing Decision rejecting the proposal for an Implementing Regulation reimposing a definitive ADD and collecting
Certain footwear with uppers of leather definitely the provisional duty imposed on footwear produced by
2014/149/EU
Brosmann Footwear (HK) Ltd, Seasonable Footwear (Zhongshan)
originating in China
Ltd, Lung Pao Footwear (Guangzhou) Ltd, Risen Footwear (HK)
Co. Ltd and Zhejiang Aokang Shoes Co. Ltd
Certain prepared or preserved
Council Implementing Regulation amending Implementing Regula(EU) No 307/2014 sweetcorn in kernels originating in Thai- tion (EU) No 875/2013 imposing a definitive ADD following an inland
terim review
Australian Anti-Dumping Commission
Ref. №
Merchandise/Country
Hollow structural sections from China, Korea,
Malaysia, Taiwan and Thailand
Hot rolled structural steel sections from Japan,
Korea, Taiwan and Thailand
Various
Hot rolled plate steel from China, Indonesia, Japan and Korea
Deep drawn stainless steel sinks from China
Aluminium extrusion from China
Tomatoes, prepared or preserved from Italy
Power transformers from China, Indonesia, Korea, Taiwan, Thailand and Vietnam
2014/15
2014/17
2014/18
2014/19
2014/20
2014/21
2014/22
2014/23
2014/24
Action
Initiation of an exemption inquiry
Preliminary Affirmative Determination and Imposition of Securities
Status report as at 28 February 2014
Initiation of an exemption inquiry
Initiation of an investigation into alleged dumping and subsidisation
Initiation of an exemption inquiry
Termination of part of an investigation
Further extension of time granted to issue the statement of essential facts
Transfer of the Anti-Dumping Commission to the Department of
Industry
China Ministry of Commerce (MOFCOM)
Ref. №
19, 2014
17, 2014
15, 2014
Merchandise/Country
Wine from the EU
Preformed optical fiber from Japan and US
SBR from Russia, Japan and South Korea
Action
Notice of the AD and CV investigations
Investigation
Notice of expiry review
Government of India Ministry of Finance (Department of Revenue)
Reference
Merchandise/Country
Acetone, originating in or exported from EU,
South Africa, Singapore and the USA
Meta Phenylene Diamine (MPDA), originating
in, or exported from, China
Plain Medium Density Fibre Board of thickness 6 mm and above’, originating in, or ex12/2014 Cus (ADD)
ported from China, Malaysia, Thailand and Sri
Lanka
13/2014 Cus (ADD) Red phosphorous, excluding red phosphorous
10-11/2014 Cus
(ADD)
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International Trade Compliance April 2014
Action
Extension of ADD
Imposition of definitive ADD
Extension of ADD to 26 February, 2015 for review
Imposition of definitive ADD
Baker & McKenzie
Government of India Ministry of Finance (Department of Revenue)
Reference
Merchandise/Country
Action
used in electronic applications from China
Brazil Ministry of Development, Industry and Trade
Reference
Merchandise/Country
Sodium acid pyrophosphate (SAPP),
CAMEX Res. № 22 originating in Canada, China and the
USA
Action
Apply provisional anti-dumping duty for a period of up to six (6)
months
Opportunity to Request Administrative Review
In a March 3, 2014 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:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidumping Duty Proceedings
Canada: Iron Construction Castings
A–122–503
France: Brass Sheet & Strip
A–427–602
Germany:Brass Sheet & Strip
A–428–602
India: Sulfanilic Acid
A–533–806
Italy: Brass Sheet & Strip
A–475–601
Russia: Silicon Metal
A–821–817
Spain: Stainless Steel Bar
A–469–805
Taiwan: Light-Walled Rectangular Welded Carbon Steel
Pipe and Tube
A–583–803
Thailand: Circular Welded Carbon Steel Pipes and Tubes A–549–502
The PR of China: Chloropicrin
A–570–002
Circular Welded Austenitic Stainless Pressure Pipe
A–570–930
Drill Pipe
A–570–965
Glycine
A–570–836
Sodium Hexametaphosphate
A–570–908
Tissue Paper Products
A–570–894
Countervailing Duty Proceedings
India: Sulfanilic Acid
C–533–807
Iran: In-Shell Pistachio Nuts
C–507–501
The PR of China: Circular Welded Austenitic Stainless
Pressure Pipe
C–570–931
Drill Pipe
C–570–966
Turkey: Circular Welded Carbon Steel Pipes and Tubes C–489–502
Suspension Agreements
Mexico: Fresh Tomatoes
A–201–820
Period
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
3/1/13—2/28/14
1/1/13—12/31/13
1/1/13—12/31/13
1/1/13—12/31/13
1/1/13—12/31/13
1/1/13—12/31/13
3/4/13—2/28/14
Initiation of Sunset Reviews
In a March 3, 2014, 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.
105
International Trade Compliance April 2014
Baker & McKenzie
www.bakermckenzie.com
For further information please contact:
Editor of International Trade
Compliance Update
Stuart P. Seidel
Washington, D.C.
(202) 452-7088
[email protected]
Steering Committee Contacts
for the International Trade,
Compliance and Customs Practice Group
Edmundo Elias
Guadalajara, Mexico
+52 (33) 3819-0322
AD/CVD DOC
Case No.
ITC Case No.
Country
A–533–847
731–TA–1147 India
A–570–934
731–TA–1146 China
A–570–933
A–570–881
A–570–879
A–570–932
A–588–861
A–580–850
731–TA–1148
731–TA–1021
731–TA–1014
731–TA–1145
731–TA–1016
731–TA–1017
China
China
China
China
Japan
S. Korea
Merchandise
1-Hydroxyethylidene-1, 1st
Diphosphonic (HEDP) Acid (1 Review).
1-Hydroxyethylidene-1, 1st
Diphosphonic (HEDP) Acid (1 Review).
st
Fronstseating Service Valves (1 Rev.)
nd
Malleable Cast Iron Pipe Fittings (2 Rv.)
nd
Polyvinyl Alcohol (2 Review)
st
Steel Threaded Rod (1 Review)
nd
Polyvinyl Alcohol (2 Review)
nd
Polyvinyl Alcohol (2 Review)
Advance Notification of Sunset Reviews
In a March 3, 2014, Federal Register notice, the US Department of Commerce
advised that the following cases were scheduled for five-year (“Sunset”) reviews
for April 2014.
[email protected]
Customs
Terrie A. Gleason
Washington, D.C., USA
+1 (202) 452- 7030
[email protected]
Export Controls and Sanctions
AD/CVD Proceedings - Merchandise/Country
Case No.
Antidumping Duty Proceedings
st
Citric Acid and Citrate Salt from Canada
A–122–853 (1 Review)
st
Citric Acid and Citrate Salt from China
A–570–937 (1 Review)
Countervailing Duty Proceedings
st
Citric Acid and Citrate Salt from China
C–570–938 (1 Review)
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in April 2014.
Silwia A. Lis
Washington, D.C., USA
+1 (202) 835-6147
[email protected]
Trade Remedies
B. Thomas Peele
Washington, D.C., USA
+1 (202) 452-7035
[email protected]
WTO
Serge Pannatier
Geneva, Switzerland
+41 (0) 22-707-98-00
[email protected]
Anti-corruption
Maria I. McMahon
Washington, D.C., USA
+1 (202) 452-7058
[email protected]
©2013 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service
organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm.
This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
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International Trade Compliance April 2014

56 - 税関

Call of Paper - World Customs Organization

WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA Michael TREIS

Condolence cables sent to Sisi

LCL Berlin 1m³

Faster customs clearance for certified Singapore companies

Program - RUSSIA CONSULTING

AZ－1

Are you planning to start importing goods?

HERE - Ohio State Bowling

email - APERC