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International Trade Compliance
(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
Newsletter
November 2014 | Update
www.internationaltradecomplianceupdate.com
In This Issue:
World Trade Organization (WTO)
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.
Due to the editor’s vacation, this edition only contains material through October 27, 2014.
For later material, please see the December International Trade Compliance Update and
www.internationtradecompliance.com as well as our Sanctions Update at
www.bakermckenzie.com/sanctionsnews.
Other International Matters
The Americas - Central America
The Americas - North America
The Americas - South America
Asia-Pacific
Europe
Africa
Trade compliance enforcement actions import, export, IPR, FCPA
Newsletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc.
WTO TBT Notifications
Legal 500 names Baker & McKenzie U.S. International Trade Team
of the Year
The Legal 500 USA recently named Baker & McKenzie “Team of the Year” for its
International Trade practice in its first-ever awards recognizing the best private
practice teams in the United States. The awards are given to “elite practitioners”
based on results of more than 50,000 interviews and comprehensive research
into the US legal market.
The publication recognized Baker & McKenzie's “worldwide bench depth” in handling
matters involving international trade.
CBP Rulings: Revocations or Modifications
CBP Rulings: Downloads and Searches
European Classification Regulations
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.
“Our team is pleased to receive this outstanding recognition,” said partner F. Miguel Noyola, chair of the North America International Commercial Practice Group,
with practitioners based in Chicago, Dallas, Houston, New York, Palo Alto, San
Francisco and Washington, DC, ”This honor recognizes our commitment to delivering exceptional service for our multinational clients around the world.”
The Legal 500 has been analyzing the capabilities of law firms around the world
for 27 years to determine the practice area teams "providing the most cuttingedge and innovative advice" to corporate counsel. The results are based on feedback from 250,000 clients worldwide, submissions from firms, interviews with
leading private practice lawyers and a team of researchers.
Baker & McKenzie's International Trade Compliance Practice Group provides
multinational companies coordinated, practical, and solution-oriented international
trade representation and advice. With more than 200 international trade lawyers
around the globe focused on customs, export controls, trade sanctions, anticorruption and trade remedies, the practice helps clients to maximize opportunities
and manage compliance risks in cross-border business transactions.
Baker & McKenzie
Associated Baker & McKenzie office opens in Jeddah, Saudi Arabia
On 6 October 2014, Baker & McKenzie announced that Legal Advisors, Abdulaziz
I. Al-Ajlan & Partners, in association with Baker & McKenzie Ltd, is opening an
office in Jeddah, one of Saudi Arabia's primary commercial centres.
Julie Alexander, one of the region's leading finance lawyers, focusing on Islamic
finance and project and contractor finance transactions, will supervise and support the development of the Jeddah office. Basel Barakat, who joined the practice
in April this year, will also be based in the Jeddah office. Basel's practice is similarly focused on transactional project, contractor and Islamic finance matters.
Baker & McKenzie has been active in the Middle East for more than three decades. With offices in Abu Dhabi, Bahrain, Cairo, Doha and Dubai, as well as associated offices in Riyadh and now Jeddah, the Firm has almost 300 lawyers and
professional staff in the region, and deep understanding of local legal, regulatory
and business practices.
One of the largest firms in the Kingdom, Legal Advisors in association with Baker
& McKenzie continues what has been a leading practice — serving local and international clients in Saudi Arabia since 1980, and is consistently ranked in Band
1 by Chambers, IFLR and Legal 500. Long noted for its transactional expertise,
the 2013 association with Abdulaziz Ajlan & Partners added a strong and experienced litigation practice.
Annual Import/Export Review – Nov. 19-20, 2014 | Santa Clara, CA
Each year Baker & McKenzie trade compliance lawyers from around the world
come together to present a year-end complimentary review of import and export
developments. Register now and mark your calendars for this year’s two-day conference, which will be held Wednesday, November 19 and Thursday, November
20 at the Hyatt Regency in Santa Clara, California.
If you are unable to attend the conference, but still wish to participate, we will offer
a live webcast option as well. The detailed agenda, CLE information and registration details are available here. For information, contact Brendan Gilmartin
Tel: +415 591 32 46 or Jen Weiner Tel: +1 312 861 8320.
Please see our Webinars, Meetings, Seminars section for additional events
and recorded presentations.
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World Trade Organization (WTO)
United States and Brazil reach agreement to end WTO Cotton Dispute
On 1 October 2014, U.S. Trade Representative Michael Froman and Secretary of
Agriculture Tom Vilsack announced that the United States and Brazil have
reached agreement to settle the longstanding Cotton dispute in the WTO. Under
the terms of the agreement, Brazil will terminate the Cotton case, giving up its
rights to countermeasures against U.S. trade or any further proceedings in this
dispute. Brazil has also agreed not to bring new WTO actions against U.S. cotton
support programs while the current U.S. Farm Bill is in force or against agricultural export credit guarantees under the GSM-102 program as long as the program
is operated consistent with the agreed terms.
For the 2014 Memorandum of Understanding, please click here.
Trade Policy Review: Djibouti and Mauritius
The second review of the trade policies and practices of Djibouti and the fourth
review of Mauritius took place on 22 and 24 October 2014. The basis for the Djibouti review was a report by the WTO Secretariat and a report by the Government of Djibouti. The basis for the Mauritius review was a report by the WTO Secretariat and a report by the Government of Mauritius.
Recent disputes
The following disputes have been recently brought to the WTO. Click on the case
(“DS”) number below to go to the WTO website page for details on that dispute.
DS. No.
DS 484
Case Name
Date
Indonesia – certain measures imposed on imports of chicken meat
and chicken products (Complainant: Brazil) Consultations requested.
16-10-14
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.
DS430
DS384
DS386
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Case Name
India — Measures Concerning the Importation of Certain Agricultural Products from the
United States (Complainant: US)
US – Certain Country of Origin Labelling
(COOL) Requirements — Recourse to DSU
Article 21.5 by Canada and Mexico (Complainants: Canad, Mexico)
Activity
Date
Panel report issued
14-10-14
Compliance panel
report issued
20-10-14
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Other International Matters
Transatlantic Trade and Investment Partnership (TTIP)
UK and 13 other Member States write Trade Commissionerdesignate seeking broad TTIP agreement
On 21 October 2014, the UK, together with 13 other EU Member States wrote to
the EU Commissioner-Designate for Trade, setting out the need for the Transatlantic Trade and Investment Partnership (TTIP) to be comprehensive and ambitious. The letter said, in pertinent part:
If we are to unlock the full potential of a TTIP deal, it must be comprehensive and ambitious. That is why EU Member States agreed a far-reaching mandate as the basis for
the Commission to negotiate with the US Trade Representative.
TTIP negotiations have made good progress since then. Given the scope of the potential deal, it is not surprising that TTIP has attracted considerable public debate, which
we welcome. We recognise that there are legitimate concerns about the negotiations.
That is why we collectively agreed, in the interests of transparency, to publish the TTIP
mandate last week.
However, many of the concerns about TTIP are based on misconceptions. For example, that TTIP could undermine public services, undermine the right of national governments to regulate, or undermine EU standards on food or health and safety. The
response to those criticisms - as some are calling for and tempting as it may be should not be to jettison the difficult issues. That will lead to a lowest common denominator deal at best or no deal at all.
Europe needs to think big and demonstrate clear leadership if we are to generate the
growth that we badly need and if we are to keep our place on the world stage. That
means the Commission and governments across the EU working with businesses and
consumer associations to tackle those myths head on.
One of the issues that has attracted criticism is investment protection. The Commission is currently analysing the results of a public consultation on this issue and we look
forward to the Commission’s response. The consultation was an important step in ensuring that we strike the correct balance to ensure that governments retain their full
freedom to regulate, but not in a way that discriminates unfairly against foreign firms. It
is important that the outcome of this consultation runs its course and we carefully consider the views expressed by our stakeholders before reaching firm decisions on the
way forward. The Council mandate is clear in its inclusion of investor protection mechanisms in the TTIP negotiations; we need to work together on how best to do so.
We are confident that you can achieve that goal and also secure our objectives across
the whole of the mandate that the Council has provided. We will work closely with the
Commission to achieve those aims.
Seventh round of TTIP talks ends in U.S.
On 3 October 2014, the European Commission announced that seventh round of
EU-U.S. negotiations on a Transatlantic Trade and Investment Partnership (TTIP)
took place in Chevy Chase, Maryland from 29 September to 3 October. Negotiators discussed the regulatory elements and rules pillar of TTIP, and services. Negotiators said they had a week of productive discussions. Negotiations are now
moving smoothly into the textual phase, where discussions are based on specific
textual proposals.
Discussions on the regulatory elements covered:
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•
horizontal disciplines - regulatory coherence, technical barriers to trade (TBT) and
Sanitary and Phytosanitary (SPS) measures); and
•
specific sectors identified in previous rounds, such as pharmaceuticals, cars,
chemicals and engineering.
Talks on the rules pillar of the agreement looked in particular at:
•
energy and raw materials
•
customs and trade facilitation
•
intellectual property rights (IPR), and
•
small- and medium-sized enterprises (SMEs).
Amongst the issues on the table at the next round will be trade and sustainable
development, including labour rights and environmental protection. Before the
round negotiators will hold regular video conferences to discuss technical details
relating to this part of the agreement.
The Council of the EU published the negotiating directives for talks on an EU-U.S.
trade agreement, the TTIP. The European Commission is negotiating the agreement on the basis of negotiating directives issued by the Council in June 2013. It
consults governments, Members of the European Parliament (MEPs) and civil
society throughout the process. The talks started in July 2013 and seven rounds
of negotiations have been completed so far.
Trans-Pacific Partnership (TPP)
Australia to host TPP Ministers’ meeting
On 2 October 2014, the Australian Minister for Trade and Investment, Andrew
Robb, announced that he will host a three-day meeting of his counterparts from
the 12 countries negotiating the Trans-Pacific Partnership agreement (TPP) in
Sydney from 25 October 2014.
Ministers will work to progress negotiations with an eye to concluding the basic
elements of the agreement before the end of the year. The Ministers will address
key outstanding issues in the negotiations, including agricultural market access,
intellectual property and the disciplines on state-owned enterprises.
The countries negotiating the TPP are:
Australia, the United States, Japan, Canada, Singapore, Malaysia, Mexico, Vietnam,
Peru, Chile, Brunei Darussalam and New Zealand. The TPP countries jointly account
for almost 40 per cent of the global economy.
Trade in Environmental Goods
Second round of ‘green goods’ negotiations
The European Commission’s EU Trade Newsletter of 2 October 2014, reported
that on 22-26 September, the EU and 13 other members of the World Trade Organization participated in the second round of the green goods negotiations (liberalising trade in environmental goods and services) in Geneva. The objective of
this initiative was to make it easier to trade green goods internationally.
The following countries are taking part:
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International Trade Compliance November 2014
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Australia, Canada, China, Costa Rica, Chinese Taipei, the European Union, Hong
Kong (China), Japan, Korea, New Zealand, Norway, Switzerland, Singapore, United
States. (Together, these countries account for around 86% of the world trade in green
goods.)
The second round focused on products and technologies dealing with air pollution
control and solid and hazardous waste treatment, and the discussions were facilitated by invited experts from international organisations, national environmental
agencies, and the industry.
In the next round scheduled for 1-5 December, the negotiators will discuss
wastewater management and water treatment, remediation and clean-up of soil
and water, noise and vibration abatement. Other environmental categories that
will be tackled afterwards are, among other, cleaner and renewable energy, resource efficiency, including energy efficiency, environmental monitoring, analysis
and assessment.
Additional information is available on the Commission’s Green Goods Initiative
website.
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 (dd-mm-yy):
Date
10-10-14
13-10-14
15-10-14
24-10-14
Title
Notification 2014/043 Registration of operations that breed Appendix-I animal
species in captivity for commercial purposes
Notification 2014/044 Amendments to Appendix III
Notification 2014/045 UNITED STATES OF AMERICA – Stricter domestic
measures regarding import of African elephant ivory
Notification 2014/046 GAMBIA – Recommendation to suspend trade for nonsubmission of annual reports
Notification 2014/047 Directory of illegal trade in rhinoceros horn focal points
Notification 2014/048 Implementation of the Convention regarding trade in Appendix-III species
The Americas - Central America
Costa Rica
Customs Resolutions
Date
Series and №
10-10-14 RES-DGA-226-2014
RES-DGA-244-2014
14-10-14
RES-DGA-247-2014
RES-DGA-229-2014
RES-AS-G-001-2014
15-10-14 RES-DGA-237-2014
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International Trade Compliance November 2014
Subject
Amend Section H of Chapter II Common Procedure,
Procedure Title Definitive and Temporary Import
Relating to the CA-EFTA Free Trade Agreement - In
force dates – CR-Norway 19-08-14; CRSwitzerland/Liechtenstein 29-08-14; CR-Iceland 05-0914. Declaration of origin; FTA Annex
Tariff changes
Modification of the Customs Public Auction procedure
Responsibilities of Customs in Santamaria
List of Tax Registration importers, manufacturers and
distributors or sellers of alcoholic beverages wholesale,
as well as alcoholic beverages authorized for marketing
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]
El Salvador
Documents
Date
Boletín №
01-10-14
DGA-024-2014
21-10-14
DGA-028-2014
Credits:
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Control of formal obligations to taxpayers importers - Chapter
22 of the Sistema Arancelario Centroamericano (SAC)
Call to companies authorized to operate under the customs
regime of Free Shops (published October 21, 2014)
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.
Documents
Date
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.
Subject
04-09-14
Series and №
CT 095-2014
Subject
General provisions for the implementation of the new version
of the ASYCUDA World Customs computer system
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 always
shown; unless otherwise specified, food is for human consumption; dates are
dd/mm/yy]:
Publication
Date
AUPSA-DINAN №
and Date
028-2014 11-06-14
Source documents may be
accessed by clicking on the blue
hypertext links.
029-2014 02-07-14
14-10-14
030-2014 02-07-14
032-2014 21-07-14
037-2014 29-09-14
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International Trade Compliance November 2014
Food and Origin
Repealing AUPSA-DINAN-075-2009 plant protection
requirements for the importation of rice (oryza sativa
l.) in grains for consumption, originating in Guyana
Plant protection requirements for the importation of
celery (Apium graveolens) fresh or chilled for human
consumption and / or processing, originating in Guatemala
Plant protection requirements for the importation of
cauliflower (Brassica oleracea var. Botrytis) and / or
brocolli / broccoli (Brassica oleracea var. Italica)
fresh or refrigerated for human consumption origin of
Guatemala.
Phytosanitary requirements for importing chia seeds
(Salvia Hispanica L.) in dried grains for human consumption and / or processing, originating in Nicaragua
Amending AUPSA-DINAN-085-2009, plant protection requirements for the importation of onion bulbs
(allium cepa) fresh or refrigerated for human consumption and / or processing, originating in Texas,
United States
Baker & McKenzie
Publication
Date
AUPSA-DINAN №
and Date
039-2014 30-09-14
040-2014 30-09-14
020-2014 24-04-14
027-2014 04-06-14
035-2014 29-09-14
041-2014 30-09-14
042-2014 30-09-14
043-2014 30-09-14
044-2014 30-09-14
16-10-14
045-2014 30-09-14
046-2014 30-09-14
047-2014 30-09-14
20-10-14 033-2014 08-08-14
Food and Origin
Amending AUPSA-DINAN-086-2009, plant protection requirements for the importation of onion bulbs
(Allium cepa) fresh or refrigerated for human consumption and / or processing, originating in New
Mexico, United States
Phytosanitary requirements to import fruit and / or
walnuts in shell or without shell, dried dehydrated or
to-eat human and / or transformation, originating in
Lebanon.
Bushmeat, hunting or bred in captivity
Plantfood
importation of onion bulbs (Allium Cepa) fresh or
refrigerated for human consumption and / or processing, native state of Colorado, United States.
Tomato (Lycopersicon Esculentum) fresh or chilled
to-eat human and / or processing, originating in
Canada.
Chia seeds (salvia hispanica l.) dried for human consumption and / or processing, originating in Peru.
Fruits durian (durio zibethinus) fresh for use and / or
processing, originating in Thailand
Amending AUPSA-DINAN-204-2007, and in place
for import health requirements of chilled crabs (not
cooked or stripped down ) or frozen for human consumption.
Amending AUPSA-DINAN- 209-2007; AUPSADINAN-210-2007; AUPSA-DINAN-259-2007; 2412007 AUPSA-DINAN-; AUPSA-DINAN-019-2014,
health requirements for importing molluscs, whether
in shell or not, living and other aquatic invertebrates,
chilled or frozen for human consumption.
Amending AUPSA-DINAN-009-2014, sanitary and/or
phytosanitary requirements of plant of flour, dust and
“pellets” of fish or of crustaceans, molluscs or other
aquatic invertebrates, for animal consumption, treated for important active infectious agents
Amending AUPSA-DINAN-260-2007, and in place
setting the health requirements for the importation or
(bagres) catfish or catfish (pangasius silurus; spp
spp spp; clarias; ictalurus spp.) chilled or frozen for
human consumption
Health requirements for chilled or frozen reptile meat
for human consumption
The Americas - North America
Canada
Tariff updated
On October 6, 2014, the Canada Border Services Agency (CBSA) issued Customs Notice 14-025 advising of an update to the Departmental Consolidation of
the Customs Tariff.
In addition to the implementation of the Canada-Honduras Free Trade Agreement
on October 1, 2014, Finance Canada and Statistics Canada also made further
changes to the Customs Tariff effective that same day. A summary of those
changes is available on the Customs Tariff 2014 page of the CBSA Web site.
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The Departmental Consolidation of the Customs Tariff has been updated accordingly and version 2014-4 is now available on the CBSA Web site, as are the
“CADEX Formatted“ and “Microsoft Access Format“ files. The necessary changes
have also been made in the Customs Commercial System.
Canada issues regulations implementing Canada-Honduras FTA
On October 8, 2014, the Canada Gazette published several regulations to implement the Canada–Honduras Free Trade Agreement (CHFTA), which was signed
on November 5, 2013. When implementing free trade agreements in Canada,
legislation and associated regulations and orders are necessary to implement
commitments into the Canadian legal framework. The Canada — Honduras Economic Growth and Prosperity Act received Royal Assent on June 19, 2014. The
associated regulations and orders required to fully implement the commitments of
the CHFTA into the Canadian legal framework include the following regulations
published on October 8, 2014:
•
The CHFTA Rules of Origin Regulations (SOR/2014-217) implement, in Canada,
the rules of origin negotiated by Canada and Honduras that will be used to determine when goods have undergone sufficient production to qualify for preferential
tariff treatment. Goods that meet the criteria set out in the CHFTA Chapter on
Rules of Origin or its associated annexes qualify as originating and therefore are
eligible for preferential tariff treatment. Preferential tariff treatment under the
CHFTA, which reflects the actual reduction in specific rates of duty, has been implemented in the Customs Tariff through the Canada — Honduras Economic
Growth and Prosperity Act.
•
The CHFTA Rules of Origin for Casual Goods Regulations (SOR/2014-218) establish the conditions under which goods acquired in Honduras by travelers are
considered originating and therefore entitled to preferential tariff treatment. Where
travellers acquire goods in Honduras that are either marked as made in Honduras, or not marked to the contrary, the traveller can claim the Honduras tariff preference on importation of the goods into Canada.
•
The CHFTA Tariff Preference Regulations (SOR/2014-219) allow eligible goods
that are not shipped directly between Honduras and Canada to retain their eligibility for preferential tariff rates provided the goods remain under customs control in
third countries.
•
The CHFTA Sugar Aggregate Quantity Limit Order (SOR/2014-220) implements
the negotiated outcome between Canada and Honduras with respect to market
access for sugar. It sets out the annual quantity limits of certain sugar products
that can be imported from Honduras and receive preferential tariff treatment. A
tariff rate quota has been established under the CHFTA that allows 2 500 metric
tonnes of refined sugar to be imported in the first year following the entry into
force of the agreement. This quantity gradually increases to 5 000 metric tonnes
by year 15 of the CHFTA and remain at that level thereafter.
•
The Imports of Certain Textile and Apparel Goods from Honduras Customs Duty
Remission Order (SOR/2014- 221) sets out the maximum quantities of textile and
apparel goods that may be eligible for the benefits of the CHFTA under tariff preference levels. The tariff preference levels established under the CHFTA allow for
a quantity of four million square metre equivalents (SME) of non-originating apparel and one million SME of non-originating fabric and textile goods to be imported at preferential tariff rates.
In addition, the following amendments were made to existing regulations to implement the CHFTA commitments:
•
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International Trade Compliance November 2014
Regulations Amending the Marking of Imported Goods Regulations (SOR/2014205) permits the marking of origin of a good imported under the CHFTA to be
made in English, French or Spanish. Previously, the Marking of Imported Goods
Regulations specified that non-NAFTA goods were to be marked in English or
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French. In addition, a consequential amendment to section 6 of those Regulations
is made to broaden its application to capture the newly-created provisions in section 4. Moreover, three further house-keeping amendments of a nonconsequential nature were made to section 6.
•
Regulations Amending the Canadian International Trade Tribunal Regulations
(SOR/2014-222). Subsection 5(1) of the Canadian International Trade Tribunal
Regulations is amended to ensure that the Tribunal considers the relevant factors
set out under section 5 of the Canadian International Trade Tribunal Regulations
during a bilateral emergency action inquiry to determine if imports from Honduras
are a substantial cause of serious injury, or threat thereof (e.g. the effect of imported goods on prices of like or directly competitive goods in Canada).
•
Regulations Amending the Procurement Inquiry Regulations (SOR/2014-223).
Subsections 3(1), (2), 6(3) and 7(1), and sections 5 and 10 of the Canadian International Trade Tribunal Procurement Inquiry Regulations are amended to ensure
that the Tribunal considers all the necessary factors when conducting a procurement bid inquiry that are subject to the terms of the CHFTA (e.g. a complaint alleging the improper evaluation of a proposal with respect to a government procurement bid).
•
Order Amending the Import Control List (SOR/2014-224). As per subsection 8(1)
of the Export and Import Permits Act (EIPA), import permits may only be issued
for goods included on the Import Control List (ICL). Therefore, in order for Canada
to implement and administer its international obligations and rights on tariff preference level (TPL) textiles and apparel goods under the Canada-Honduras Free
Trade Agreement (CHFTA), and for these goods to receive preferential tariff
treatment, the ICL must be amended to include the scope of the CHFTA TPL provisions on textiles and apparel prior to the entry into force of the Agreement.
Amendments to the Special Economic Measures (Russia) Regs.
On October 8, 2014, the Canada Gazette published Regulations Amending the
Special Economic Measures (Russia) Regulations (SOR/2014, Sept. 16, 2014).
The Regulations add four entities and five individuals to the list of designated persons under Schedule 1 of the Russia Regulations. Any person in Canada and any
Canadian outside Canada are prohibited from
•
dealing in any property, wherever situated, held by or on behalf of a designated person whose name is listed in Schedule 1;
•
entering into or facilitating, directly or indirectly, any transaction related to
such a dealing;
•
providing any financial or related service in respect of such a dealing;
•
making goods, wherever situated, available to a designated person listed
in Schedule 1; and
•
providing any financial or related service to or for the benefit of a designated person listed in Schedule 1.
Exceptions to the above-noted prohibitions are available for certain types of payments or transactions designated in the Russia Regulations.
The Regulations also add one entity to the list of designated persons in Schedule
2 and amend subsection 3.1(1) to reflect a shorter period of maturity for loans,
bonds or debentures for Schedule 2 designated persons. It is now prohibited for
any person in Canada and any Canadian outside Canada to transact in, provide
or otherwise deal in a loan, bond or debenture of longer than 30 days’ maturity in
relation to
•
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International Trade Compliance November 2014
a designated person listed in Schedule 2;
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•
the property of a designated person listed in Schedule 2; or
•
the interests or rights in property of a designated person listed in Schedule 2.
The prohibition noted above does not apply in respect of a loan that was made or
a bond or debenture that was issued before the designated person was listed in
Schedule 2.
It is also prohibited for any person in Canada and any Canadian outside Canada
to transact in, provide or otherwise deal in capital funding through the transaction
of shares in exchange for an ownership interest in relation to
•
a designated person listed in Schedule 2;
•
the property of a designated person listed in Schedule 2; or
•
the interests or rights in property of a designated person listed in Schedule 2.
The prohibition noted above does not apply to capital funding that occurred before
the designated person was listed in Schedule 2.
Finally, the Regulations also remove two entities from the list of designated persons in Schedule 1 of the Regulations.
Canada adopts Yemen sanctions
On October 8, 2014, the Canada Gazette published Regulations Implementing
the United Nations Resolution on Yemen (SOR/2014-213, Sept. 26, 2014) pursuant to the United Nations Act. The Regulations Implementing the United Nations
Resolution on Yemen (the Regulations) are necessary for Canada to fulfill its international legal obligation to implement the applicable decisions of the Security
Council set out in Resolution 2140 (2014).
The Regulations prohibit any person in Canada and any Canadian outside Canada from knowingly
•
dealing directly or indirectly, in any property in Canada as of February 26, 2014,
or at any time after that date, that is owned or controlled by a designated person,
by a person acting on behalf of, or at the direction of, a designated person or by a
person owned or controlled by a designated person;
•
entering into or facilitating, directly or indirectly, any financial transaction related to
a dealing referred to above;
•
providing any financial or other related service in respect of the property referred
to in the first bullet above;
•
making any property or any financial or related service available to a designated
person, to a person acting on behalf of, or at the direction of, a designated person
or to a person owned or controlled by a designated person; or
•
making property or any financial or other related service available for the benefit
of any person referred to above.
The Regulations include a number of exceptions to the above-noted prohibitions,
including allowing a person whose property is affected by the prohibitions to apply
for a certificate from the Minister of Foreign Affairs to exempt the property from
the prohibitions. Exemptions include if the property is necessary for basic or extraordinary expenses, or if the property is the subject of a judicial, administrative
or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security
interest.
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Al-Qaida and Taliban sanctions updated
On October 8, 2014, the Canada Gazette published Regulations Amending the
United Nations Al-Qaida and Taliban Regulations (SOR/2014-212, Sept. 26,
2014). The adoption of United Nations Security Council (UNSC) Resolutions 1988
(2011) and 1989 (2011) split the Consolidated List of the Security Council into the
Al-Qaida Sanctions List (also referred to as the 1267/1989 List) and the Taliban
Sanctions List (also referred to as the 1988 List). The current United Nations AlQaida and Taliban Regulations (the Regulations) refer only to the 1267 List, and
must be updated to reflect the creation of the 1988 List to ensure full implementation of the decisions of the UNSC. Technical amendments to the Regulations,
such as clarifying the definition of a member of the Taliban or a member of AlQaida, are being proposed to rectify this situation.
On May 9, 2013, the Government of Canada listed the Taliban as a terrorist entity
under the Criminal Code, which contains prohibitions on various activities and
transactions with respect to listed entities. However, persons in Canada and Canadians abroad were already prohibited from undertaking similar activities and
transactions with respect to the Taliban under the Regulations. Such a “doublelisting” situation, with overlapping prohibitions, can be problematic for enforcement of offences. In order to resolve this situation, and in keeping with longstanding government policy of avoiding situations where entities are listed under
more than one piece of legislation, the offences pertaining to the Taliban in the
Regulations need to be removed.
The regulatory amendment aims to
•
Update the Regulations to reflect the splitting of the Consolidated List into the AlQaida and Taliban sanctions regimes, per UNSC Resolutions 1988 (2011) and
1989 (2011), in order to bring Canada into compliance with its obligations as a
member of the United Nations; and
•
Remove the prohibitions with respect to the Taliban from the Regulations, thereby
eliminating the present problematic situation of double-listing.
CBSA proposes to expand trusted traveller programs
On October 4, 2014, the Canada Border Services Agency (CBSA) published in
the Canada Gazette proposed Regulations Amending the Presentation of Persons (2003) Regulations pursuant to the Customs Act. The proposed amendments affect the eligibility criteria to join the NEXUS and CANPASS Air programs
of the CBSA by expanding the scope of persons who are eligible. The Regulations currently exclude certain groups of persons who would otherwise be eligible
for membership given, for instance, their compliance with legislation administered
or enforced by the CBSA and lack of criminal record.
Under the proposal, the following persons would be exempted from the residency
requirement for membership to the NEXUS and CANPASS Air programs:
12
•
Canadian and American citizens, whether or not they reside in Canada or in the
United States;
•
If the person applying for an authorization on behalf of a child meets the residency
requirements, children adopted outside of Canada or the United States by a citizen or permanent resident of Canada or the United States or born outside of
Canada or the United States to a citizen of Canada or the United States and who
are permanent residents of Canada or the United States; and
International Trade Compliance November 2014
Baker & McKenzie
•
Citizens of a country with which Canada has a trusted traveller arrangement and
who are members of a trusted traveller program in that country.
The provision setting out the residency requirement would be modified to allow
the following people to qualify:
•
Accompanying spouses, common-law partners and family members of persons
who are serving abroad at a Canadian or U.S. diplomatic mission or consulate
and who are permanent residents of Canada or the United States;
•
Permanent residents of Canada or the United States who are serving overseas in
the armed forces; and
•
Accompanying spouses, common-law partners and family members of persons
who are serving overseas in the armed forces and who are permanent residents
of Canada or the United States.
The following persons would be eligible for membership in the NEXUS and
CANPASS Air programs, in addition to citizens and permanent residents of Canada and the United States:
•
Citizens of a country with which Canada has a trusted traveller arrangement and
who are members of a trusted traveller program in that country.
Finally, in order to address uncertainties regarding the concept of a family in the
application process, the Regulations would define what constitutes a “parent.”
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
10-04-14
10-08-14
13
International Trade Compliance November 2014
Title
Canada Border Services Agency: Proposed Regulations Amending the
Presentation of Persons (2003) Regulations pursuant to the Customs Act
(P)
Canadian International Trade Tribunal (CITT): Regulations Amending the
Procurement Inquiry Regulations (SOR/2014-223, Sept 26, 2014) pursuant
to the Canadian International Trade Tribunal Act
CITT: Regulations Amending the Canadian International Trade Tribunal
Regulations (SOR/2014-222, Sept. 26, 2014) pursuant to the Canadian International Trade Tribunal Act
Finance: CHFTA Rules of Origin for Casual Goods Regulations (SOR/2014218, Sept. 26, 2014) pursuant to the Customs Tariff
Finance: CHFTA Rules of Origin Regulations (SOR/2014-217, Sept. 26,
2014) pursuant to the Customs Tariff
Finance: CHFTA Sugar Aggregate Quantity Limit Order (SOR/2014-220,
Sept. 26, 2014) pursuant to the Customs Tariff
Finance: CHFTA Tariff Preference Regulations (SOR/2014-219, Sept. 26,
2014) pursuant to the Customs Tariff
Order Amending the Import Control List (SOR/2014-224, Sept 26, 2014)
pursuant to the Export and Import Permits Act
Finance: Imports of Certain Textile and Apparel Goods from Honduras Customs Duty Remission Order (SOR/2014-221, Sept. 26, 2014) pursuant to
the Customs Tariff
Public Safety and Emergency Preparedness: Regulations Amending the
Marking of Imported Goods Regulations (SOR/201-205, Sept. 17, 2014)
pursuant to the Customs Tariff
Environment: Regulations Amending the Passenger Automobile and Light
Baker & McKenzie
Publication
Date
10-11-14
10-18-14
10-22-14
10-25-14
Title
Truck Greenhouse Gas Emission Regulations (SOR/2014-207, Sept. 19,
2014) pursuant to Canadian Environmental Protection Act, 1999
Environment: Order 2014-66-08-02 Amending the Non-domestic
Substances List pursuant to the Canadian Environmental Protection Act,
1999 (N)
Environment: Order 2014-87-08-02 Amending the Non-domestic
Substances List pursuant to the Canadian Environmental Protection Act,
1999 (N)
Environment/Health: Publication after screening assessment of natural
gas condensates on the Domestic Substances List (paragraphs 68(b) and
68(c) or subsection 77(1) of the Canadian Environmental Protection Act,
1999) (N)
Environment/Health: Publication after screening assessment of two liquefied
petroleum gases — Petroleum gases, liquefied, CAS RN 68476-85-7, and
Petroleum gases, liquefied, sweetened, CAS RN 68476-86-8 — specified
on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N)
Environment/Health: Publication of final decision after screening assessment of five diarylide yellow pigments specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N)
Health: Notice of proposed order to amend the schedule to the Tobacco Act
(N) [Seeks comments on proposed amendments to the schedule of prohibited additives found in the Tobacco Act. These amendments would further
restrict the use of additives, including flavouring additives that are used to
market cigars that appeal to youth.]
Health: Proposed Regulations Amending the Medical Devices Regulations
under the Food and Drugs Act
Environment: Order 2014-66-08-01 Amending the Domestic Substances
List (SOR/2014-227, Sept. 30, 2014) pursuant to the Canadian Environmental Protection Act, 1999,
Environment: Order 2014-87-08-01 Amending the Domestic Substances
List (SOR/2014-226, Sept. 30, 2014) pursuant to the Canadian Environmental Protection Act, 1999,
Finance: Technical Amendments Order (Customs Tariff), 2014 (SOR/2014228, Sept. 30, 2014) pursuant to the Customs Tariff
Environment: Ministerial Condition No. 17736 pursuant to the Canadian
Environmental Protection Act, 1999
Environment/Health: Publication after screening assessment of 52 azo acid
dyes specified on the Domestic Substances List (paragraphs 68(b) and
68(c) or subsection 77(1) of the Canadian Environmental Protection Act,
1999)
Restrictive measures
The following documents imposing restrictive measures on imports or exports
were published in the Canada Gazette or posted on a Government website.
14
Publication
Date
Title
10-08-14
Regulations Amending the Regulations Establishing a List of Entities
(SOR/2014-211, Sept. 22, 2014) pursuant to the Criminal Code [published as
an extra on Sept. 25, 2014]
Regulations Amending the Special Economic Measures (Russia) Regulations
(SOR/2014, Sept. 16, 2014) pursuant to the Special Economic Measures Act
Regulations Amending the United Nations Al-Qaida and Taliban Regulations
(SOR/2014-212, Sept. 26, 2014) pursuant to the United Nations Act
Regulations Implementing the United Nations Resolution on Yemen
International Trade Compliance November 2014
Baker & McKenzie
Publication
Date
Title
(SOR/2014-213, Sept. 26, 2014) pursuant to the United Nations Act
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the
past month. (Dates are given in yyyy/mm/dd format.)
Date
Reference
10-06-14
CN 14-025
10-14-14
CN14-026
Action
Title
Update to the Departmental Consolidation of the
Customs Tariff
Clarification of Requirements for Non-resident Vessels After They are Removed From Canadian Storage or Repair Facilities
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Mexico
List of regulated defense related articles is amended
On October 6, 2014, the Ministries of National Defense and Economy published
in the Diario Oficial de la Federacion (the Official Gazette), an Acuerdo amending
the existing Acuerdo which establishes the classification and coding of goods
whose import or export is subject to regulation by the Department of National Defense, published on June 30, 2007.
The Acuerdo extends the 2007 control scheme due to Mexico’s worldwide commitments to establish mechanisms for arms control of parts and components and
dual-use goods that are susceptible to being diverted to the manufacture and proliferation of conventional weapons and those of mass destruction, as provided for
in the Treaty for the Prohibition of Nuclear Weapons in Latin America and the
Caribbean (Treaty of Tlatelolco).
The Acuerdo also adopts the standards established by the various instruments
governing Export Control regimes in the international arena, such as the Wassenaar Arrangement for the Control of Conventional Arms Exports, Goods and Dual-Use Technologies.
Controls are applied to compressed gas in pressurized containers but will not apply to goods that use compressed gas to launch darts to immobilize animals for
veterinary purposes, or scientific research, or to spheres, balls or plastic capsules
containing paint, used in playing the game known as “Paintball” or “Gotcha,”
which are not considered firearms and explosives.
Finally, with the issuance of the Fifth Amendment to the Harmonized Commodity
Description and Coding System, in 2012, changes in the tariff items were made.
15
International Trade Compliance November 2014
Baker & McKenzie
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. Date format is mm-dd-yy)
DOF
Date
Title
Hacienda: General provisions for certification of independent external auditors,
10-02-14 officers and other compliance professionals in the prevention of operations with
illegal proceeds and terrorist financing.
Economy: Acuerdo amending the existing Acuerdo which establishes the classifi10-06-14 cation and coding of goods whose import or export is subject to regulation by the
Department of National Defense
Economy: Acuerdo amending the one by which the 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 for periods ranging between March 19,
2013 to March 18, 2014 and March 19, 2014 to March 18, 2015, for the export of
10-07-14
new light vehicles to Brazil in accordance with Appendix II on Trade in Automotive
Sector between Brazil and Mexico Complementation Agreement Economic No. 55
held between MERCOSUR and the United Mexican States, published on April 30,
2012
Economy: Resolution disclosing the names and numbers of holders Programs
10-08-14
Industry Manufacturing, Maquiladora and Export Services that are canceled
Economy: Acuerdo which announces Decision No. 76 of the Administrative
Committee of the Free Trade Agreement between Mexico and the Republic of
Colombia, adopted on October 3, 2014.[ Temporary waiver for the use of materi10-27-14
als produced or obtained outside the zone of free trade for certain textile and apparel goods tariff treatment received preferential provisions of the Free Trade
Agreement between Mexico and the Republic of Colombia]
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. 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
10-08-14
10-20-14
10-23-14
16
International Trade Compliance November 2014
Subject
Presidential Proclamation 9188 of October 3, 2014 -- To Modify the List of Beneficiary Developing Countries Under the Trade Act of 1974
Notice of October 16, 2014 - Continuation of the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia
Presidential Determination No. 2015–01 of October 9, 2014—Provision of U.S.
Drug Interdiction Assistance to the Government of Brazil
Notice of October 21, 2014 - Continuation of the National Emergency With Re-
Baker & McKenzie
Date
Subject
spect to the Situation in or in Relation to the Democratic Republic of the Congo
President continues national emergency with respect to the DRC
On October 23, 2014, the Federal Register published President Obama’s Notice
of October 21, 2014 - Continuation of the National Emergency With Respect to
the Situation in or in Relation to the Democratic Republic of the Congo. The notice continues for an additional year the national emergency first declared on October 27, 2006, by Executive Order (E.O.) 13413 pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701–1706), and subsequently expanded by E.O 13671 of July 8, 2014.
President continues national emergency with respect to significant
drug traffickers in Colombia
On October 20, 2014, the Federal Register published President Obama’s Notice
of October 16, 2014 - Continuation of the National Emergency With Respect to
Significant Narcotics Traffickers Centered in Colombia. The notice continues for
an additional year the national emergency first declared on October 21, 1995, by
Executive Order 12978, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706). The original declaration was issued to deal with
the unusual and extraordinary threat to the national security, foreign policy, and
economy of the United States constituted by the actions of significant narcotics
traffickers centered in Colombia and the extreme level of violence, corruption, and
harm such actions cause in the United States and abroad. The national emergency is being extended because the actions of significant narcotics traffickers centered in Colombia continue to threaten the national security, foreign policy, and
economy of the United States and to cause an extreme level of violence, corruption, and harm in the United States and abroad.
President removes Russia from GSP
On October 3, 2014, the White House announced that President Obama signed
Presidential Proclamation 9188 -- To Modify the List of Beneficiary Developing
Countries Under the Trade Act of 1974) (published in the Federal Register on October 8, 2014) in which he determined that Russia is sufficiently advanced in economic development and improved in trade competitiveness that it is appropriate to
terminate the designation of Russia as a beneficiary developing country under the
Generalized System of Preferences (GSP) effective October 3, 2014. The President notified the Congress and Russia on May 7, 2014, of his intent to terminate
Russia’s designation. In order to reflect the termination of Russia’s designation as
a beneficiary developing country, he has determined that it is appropriate to modify general notes 4(a) and 4(d) and pertinent subheadings of the Harmonized Tariff
Schedule of the United States (HTS). [Note: The GSP program expired more than
a year ago and has not been renewed by Congress.]
USTR announces effective date for GPA amendments for the Netherlands with respect to Aruba
On October 15, 2014, the Office of the United States Trade Representative
(USTR) published in the Federal Register a notice announcing that for the purpose of U.S. Government procurement that is covered by Title III of the Trade
Agreements Act of 1979, the effective date of the WTO Protocol Amending the
17
International Trade Compliance November 2014
Baker & McKenzie
Agreement on Government Procurement, done at Geneva on 30 March 2012
(Protocol), for the Netherlands with respect to Aruba (Aruba) is October 31, 2014.
The Protocol entered into force on April 6, 2014 for the United States and the following Parties: Canada, Chinese Taipei, Hong Kong, Israel, Liechtenstein, Norway, European Union, Iceland, and Singapore. The Protocol entered into force on
April 16, 2014 for Japan.
The Protocol provides that following its entry into force, the Protocol will enter into
force for each additional Party to the 1994 Agreement 30 days following the date
on which the Party deposits its instrument of acceptance. On June 4, 2014, Aruba
deposited its instrument of acceptance to the Protocol. Effective October 31, 2014
for Aruba, all references in Title III of the Trade Agreement Act of 1979 and in Executive Order 12260 to the Agreement on Government Procurement shall refer to
the 1994 Agreement as amended by the Protocol.
With respect to those Parties which have not deposited their instruments of acceptance, all references in Title III of the Trade Agreement Act of 1979 and in Executive Order 12260 to the WTO Agreement on Government Procurement (GPA)
shall continue to refer to the 1994 Agreement until 30 days following the deposit
by such Party of its instrument of acceptance of the Protocol.
USTR seeks comments on Special 301 Out-of-Cycle Review of India
On October 14, 2014, the Office of the United States Trade Representative
(USTR) published in the Federal Register a request for written comments [Docket
No. USTR–2014–0020] regarding the 2014 Special 301 Out-of-Cycle Review
(OCR) of India In the 2014 Special 301 Report, USTR announced that, in order to
assess progress on engagement with the Government of India on intellectual
property rights (IPR) issues, an OCR would be conducted for India. USTR requests written submissions from the public concerning information, views, acts,
policies, or practices relevant to evaluating the Government of India’s engagement on IPR issues of concern, in particular those identified in the 2014 Special
301 Report. The 2014 Special 301 Report is available at the USTR website. The
deadline for the public, except foreign governments, to submit written comments
is October 31, 2014, Deadline for foreign governments to submit written comments is November 7, 2014.
USTR seeks comments on Special 301 Out-of-Cycle Review of Kuwait
On October 6, 2014, the Office of the United States Trade Representative (USTR)
published in the Federal Register a request for written comments [Docket No.
USTR–2014–0019] regarding the 2014 Special 301 Out-of-Cycle Review (OCR)
of Kuwait. In the 2014 Special 301 Report, USTR announced that, in order to
monitor progress on specific intellectual property rights (IPR) issues, an OCR
would be conducted for Kuwait. USTR requests written comments from the public
concerning any act, policy, or practice that is relevant to the decision regarding
whether Kuwait should be identified under Section 182 of the Trade Act of 1974
(Trade Act) (19 U.S.C. 2242). The 2014 Special 301 Report is available at the
USTR website. The deadline for the public, except foreign governments, to submit
written comments is October 15, 2014. The deadline for foreign governments to
submit written comments is October 20, 2014.
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International Trade Compliance November 2014
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USTR seeks comments on AGOA eligibility
On October 1, 2014, the Office of the United States Trade Representative (USTR)
published in the Federal Register a notice and request for comments for the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The Trade Policy Staff
Committee (Subcommittee) will consider these comments in developing recommendations on AGOA country eligibility for calendar year 2015 for the President.
Comments received related to the child labor criteria may also be considered by
the Secretary of Labor in the preparation of the Department of Labor’s report on
child labor as required under section 412(c) of the Trade and Development Act of
2000. The notice identifies the eligibility criteria that must be considered under
AGOA, and lists those sub-Saharan African countries that are currently eligible for
the benefits of AGOA and those that were ineligible for such benefits in 2014.
To ensure consideration, public comments must be submitted to the Office of the
U.S. Trade Representative (USTR) by October 25, 2014.
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
Requested by:
Inv. No. 332–345: Recent Trends in U.S. Services Trade, 2015 Annual
Report
CBP imposes restrictions on flights carrying passengers who have
recently traveled to, from, or through Ebola-stricken countries
On October 23, 2014, U.S. Customs and Border Protection (CBP) published in
the Federal Register a notice of arrival restrictions announcing the decision of the
Commissioner of CBP to direct all flights to the U.S. carrying persons who have
recently traveled to, from, or through Ebola-stricken countries to arrive at one of
the U.S. airports where CBP is implementing enhanced screening procedures.
Pursuant to 19 U.S.C. 1433(c) and 19 C.F.R. 122.32, CBP has the authority to
limit the location where all aircraft entering the U.S. from abroad may land.
In order to assist in preventing the further introduction and spread of this communicable disease in the United States, CBP, in coordination with other DHS
components and offices, the Centers for Disease Control (CDC), and other agencies charged with protecting the homeland and the American public, is currently
implementing enhanced screening protocols at five U.S. airports that receive the
largest number of travelers from Liberia, Guinea, and Sierra Leone. To ensure
that all travelers with recent travel to, from, or through the affected countries are
screened, CBP directs all flights to the U.S. carrying such persons to arrive at the
five airports where the enhanced screening procedures are being implemented.
While CBP anticipates working with the air carriers in an endeavor to identify potential travelers from the affected countries prior to boarding, air carriers will remain obligated to comply with the requirement of this notice, particularly in the
event that travelers who have recently traveled to, from, or through the affected
countries are boarded on flights bound for the U.S.
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International Trade Compliance November 2014
Baker & McKenzie
The action was effective October 21, 2014.
CBP announces quarterly interest rates
On October 15, 2014, U.S. Customs and Border Protection (CBP) published in
the Federal Register a notice advising the public of the quarterly Internal Revenue
Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter
beginning October 1, 2014, the interest rates for overpayments will be 2 percent
for corporations and 3 percent for noncorporations, and the interest rate for underpayments will be 3 percent for both corporations and non-corporations. These
interest rates are subject to change for the calendar quarter beginning January 1,
2015, and ending March 31, 2015.
CBP to hold public User Fee Advisory Committee Meeting
On October 6, 2014, U.S. Customs and Border Protection (CBP) published in the
Federal Register a notice of a Federal Advisory Public Committee Meeting [Docket No. USCBP–2014–0026] of the CBP Airport and Seaport Inspections User Fee
Advisory Committee (UFAC) on October 22, 2014 from 1:00 p.m. to 3:00 p.m.
EST, in Washington, DC. The meeting will be open to the public. Meeting participants may attend either in person or via webinar after pre-registering using a
method indicated in the Federal Register notice.
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
Subject
Accreditation and Approval of Intertek USAInc., as a Commercial Gauger and
Laboratory [Bellingham, WA] (N)
Approval of Intertek USA, Inc., as a Commercial Gauger [Holland, OH] (N)
Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and
10-20-14 Laboratory [Sulphur, LA]
Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and
Laboratory [Houson, TX] (N)
Accreditation and Approval of SGS North America, Inc., as a Commercial
Gauger and Laboratory [Reserve, LA] (N)
Accreditation of Intertek USA, Inc., as a Commercial Laboratory [Yabucoa PR]
10-22-14
(N)
10-27-14 Agency Information Collection Activities: Crewman’s Landing Permit (N/RFC)
CBP and GSA launch Donation Acceptance Program to support port
of entry infrastructure needs
On October 1, 2014, U.S. Customs and Border Protection (CBP) announced that
it has teamed up with the U.S. General Services Administration (GSA) to develop
the Donation Acceptance Program (DAP), a framework supporting the new pilot
program authorized by Congress in January 2014 that permits CBP to enter into
partnerships for certain services and to accept certain donations. Pursuant to
Section 559 of the Consolidated Appropriations Act, 2014 CBP and GSA are authorized to accept donations of real property, personal property (including monetary donations) and non-personal services from private sector and government
entities. Accepted donations may be used for activities related to the construction,
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International Trade Compliance November 2014
Baker & McKenzie
alteration, operations, and maintenance of CBP or GSA-owned ports of entry.
The announcement stated in part:
Infrastructure enhancements play a critical role in the improvement of trade and travel
facilitation. CBP faces a growing demand for facilities and renovations at aging ports
of entry. This authority provides an alternate method of financing port of entry modernization and construction projects.
CBP will evaluate proposals from private corporations, public entities, municipalities,
port authorities, consortiums, and any other private sector or Government entity. Donation proposals will be evaluated based on their individual merit and ability to satisfy
the evaluation criteria posted on CBP.gov. Please also note that CBP and GSA will
only consider submissions that envision Federal ownership of the proposed donation.
CBP and GSA will be providing multiple opportunities to learn more about the DAP
and proposal submission process, including addressing program-related inquiries received, and hosting a live Q&A teleconference in the early November timeframe. Also,
on October 20, 2014, CBP will be announcing the open period for submitting donation
proposals for CBP and GSA consideration. Details regarding the abovementioned information-sharing opportunities and forthcoming proposal submission period may be
found on CBP.gov, which we’ll continue to update as more information becomes available.
Public-private partnerships are a key component of CBP’s Resource Optimization
Strategy, and allow CBP to provide new or expanded services at domestic ports of entry. Last year, CBP entered into Section 560 Reimbursable Services Agreements with
the City of El Paso, Texas, The City of Houston Airport System, Dallas/Fort Worth International Airport, Miami-Dade County, and South Texas Assets Consortium. These
locations have already benefitted from significant wait time reductions despite rising
traffic volumes.
CBP issues final determinations in procurement cases
CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may
be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in
the Federal Register.
F.R. Date
Ruling Reference (Date Issued) and Product
11-23-14
H248696 (October 16, 2014) Various Elliptical Exercise Machines and Option Package Kits
Country of Origin
Machine: Taiwan
2 Kits: Taiwan
1 Kit: China
CBP ICPs and other publications and fact sheets
During theperiod of coverage of this Update, CBP issued the following new or
revised Informed Compliance Publications (ICPs) in the, “What Every Member of
the Trade Community Should Know About:…” series, other publications and fact
sheets:
Revocations or modifications of CBP rulings
No revocations or modifications or proposals to revoke or modify rulings pursuant
to 19 U.S.C. § 1625(c) were published during the period covered by this Update
CSMS messages
The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update:
21
International Trade Compliance November 2014
Baker & McKenzie
Date
CSMS#
10-01-14
14-000527
10-02-14
10-03-14
10-07-14
14-000528
14-000529
14-000530
14-000531
14-000532
14-000533
14-000534
14-000535
14-000536
14-000537
10-08-14
14-000538
14-000539
14-000540
14-000541
14-000542
10-10-14
14-000543
14-000544
14-000545
14-000546
14-000547
10-14-14
14-000548
10-15-14
14-000549
14-000550
10-16-14
14-000551
14-000552
14-000553
14-000554
10-17-14
10-20-14
14-000555
14-000556
14-000557
14-000558
14-000559
14-000560
10-21-14
10-22-14
10-24-14
22
International Trade Compliance November 2014
14-000561
14-000562
14-000563
14-000564
14-000565
Title
Attention: All MQ Client EZVPN or CISCOCLIENT Software
Users
Centralized Examination Station (CES) Solicitation for the Port
of Detroit (Land Border)
September 2014 ACE Monthly Trade Update
September 2014 ACE Monthly Trade Update
Update: September 2014 ACE Monthly Trade Update
Update: September 2014 ACE Monthly Trade Update
Weekly ACE Production Outage beginning 10/04/2014
Draft ACE ABI CATAIR eBond documents posted to CBP.GOV
Scheduled Weekly ACE Certification Outage for October 8,
2014
ACE Certification Environment Now Available!
ACE Deployment D – October 2014 Release - Information Notice
FDA Creation and Modification of Product Codes
Extended ACE Certification environment outage starting October 14, 2014
Russian GSP Eligibility Terminated Effective October 3, 2014
CBP Form 434, NAFTA Certificate of Origin, May Still Be Used
Pending New Expiration Date
Cargo/Manifest/Entry Release Status Query NOW available in
ACE Certification
Weekly ACE Production Outage beginning 10/11/2014
Houston Trade Day – November 5, 2014
The September 2014 version of the ACEopedia has been posted to CBP.gov
The September 2014 version of the ACEopedia has been posted to CBP.gov
FDA Creation and Modification of Product Codes now Complete
Draft version of the ACE CATAIR Entry Summary Create/Update chapter posted
Reminder - Extended ACE Certification Environment Outage
FDA’s ITACS System Downtime 9 p.m. EDT 10/16/14 to 3:01
a.m. EDT 10/17/14
Clarification- Extended ACE Certification Environment Outage
Request for Participants: PGA APHIS/Lacey Act Working Group
UPdate - Request for Participants: PGA APHIS/Lacey Act
Working Group
CBP Regulatory Audit-Focused Assessment: Presentation &
Recording
Weekly ACE Production Outage beginning 10/18/2014
FDA contingency on Saturday October 18, 2014
ACE Certification Environment Now Available!
Updated ACE Development and Deployment Schedule Available on CBP.gov/ACE
Volunteers Needed: Intellectual Property Rights Authentication
(IPR) Data
CQ/C1 ACE Cargo/Manifest/Entry Status Query in Production
Scheduled Weekly ACE Certification Outage for October 22,
2014
ACE Deployment D Capabilities Successfully Implemented on
October 18, 2014
ACH Helpdesk Email Address Outage
ACE Certification Environment Now Available!
No Weekly ACE Production Outage This Weekend - 10/25/2014
Baker & McKenzie
Census renames and begins restructuring Foreign Trade Division
According to a September 30, 2014 posting on Global Reach, the official blog of
the U.S. Census Bureau’s Foreign Trade Division (FTR), on September 22, 2014,
the FTR officially became the International Trade Management Division (ITMD).
In addition to the name change, the Census Bureau is looking at ways to streamline and consolidate its processes within the economic area.
The ITMD has completed the first phase of this multi-phase approach by realigning its organizational structure. Subsequent changes will focus on re-engineering
its processes.
The ITMD will continue to support the trade community in using the Automated
Export System and understanding the Foreign Trade Regulations. It will also be
taking on new responsibilities including data stewardship and management.
Here are a few changes to areas you may work with:
•
AES Branch will now be known as the Data Collection Branch
•
Regulations, Outreach and Education Branch has become the Trade Regulations
Branch
•
Trade Outreach Branch is a newly formed branch supporting training and education for the trade community
The ITMD will continue providing support for trade related data, but the Commodity Analysis Branch and the Data Dissemination Branch have moved to another
area named the Economic Indicators Division and are now known as the MicroAnalysis and Macro-Analysis Branch, respectively.
The ITMD will continue to support the trade community through its training, seminars, webinars, call center, etc.
A full organization chart with the names of ITMD leadership is available on the
Global Reach blog.
OFAC issues licensing report
On October 23, 2014, OFAC announced the issuance of its First Quarter FY2014
Report for Licensing Activities Pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) covering October-December 2013.
OFAC publishes additional notice for Ukraine sanctions
On October 21, 2014, the Office of Foreign Assets Control (OFAC) published in
the Federal Register an additional notice of the following actions, which were taken between March 20, 2014 and October 6, 2014 to address the national emergency declared by the President with respect to situation in Ukraine: (1) blocking
of property and interests in property of certain persons pursuant to Executive Orders (E.O.s) 13660 or 13661 (the names of these persons have been added to
OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List)); (2)
sectoral determinations by the Secretary of the Treasury pursuant to E.O. 13662;
(3) Original Directive 1 (July 16, 2014) under E.O. 13662 and determinations that
certain persons are subject to Original Directive 1 (the names of these persons
have been added to the Sectoral Sanctions Identifications List (SSI List)) (this
directive has been superseded as noted below and is being provided for historical
reference purposes only); (4) Original Directive 2 (July 16, 2014) under E.O.
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International Trade Compliance November 2014
Baker & McKenzie
13662 and a determination that certain persons are subject to Original Directive 2
(the names of these persons have been added to the SSI List) (this directive has
been superseded as noted below and is being provided for historical reference
purposes only); (5) Directive 1 (as amended) (September 12, 2014) under E.O.
13662 and a determination that certain persons are subject to Directive 1 (as
amended) (the names of these persons have been added to the SSI List); (6) Directive 2 (as amended) (September 12, 2014) under E.O. 13662 and a determination that certain persons are subject to Directive 2 (as amended) (the names of
these persons have been added to the SSI List); (7) Directive 3 (September 12,
2014) under E.O. 13662 and a determination that certain persons are subject to
Directive 3 (the names of these persons have been added to the SSI List); (8)
Directive 4 (September 12, 2014) under E.O. 13662 and a determination that certain persons are subject to Directive 4 (the names of these persons have been
added to the SSI List); (9) General License 1 (July 16, 2014) (this general license
has been superseded as noted below and is being provided for historical reference purposes only); (10) General License 1A (September 12, 2014); (11) General License 2 (September 12, 2014) (this general license was time limited, has
expired as noted below, and is being provided for historical reference purposes
only); and (12) General License 3 (October 6, 2014).
The blockings of the property and interests in property of the individuals and entities identified in the notice were effective on July 16, 2014, July 29, 2014, and
September 12, 2014 as specified below. Original Directives 1 and 2 were effective
on July 16, 2014 until they were superseded by amended Directives 1 and 2 on
September 12, 2014. The determinations that the persons identified in the notice
were subject to Original Directive 1 or 2 were effective on July 16, 2014 and July
29, 2014, as specified below. Amended Directives 1 and 2, Directives 3 and 4,
and the determinations that the persons identified in the notice are subject to such
directives were effective on September 12, 2014. General License 1 was effective
on July 16, 2014 until it was superseded by General License 1A on September
12, 2014. General Licenses 1A was effective on September 12, 2014. General
License 2 was effective on September 12, 2014, but was time limited and expired
on September 26, 2014. General License 3 was effective on October 6, 2014.
OFAC issues of guidance on humanitarian assistance by not-forprofit NGOs
On October 17, 2014, OFAC issued “Guidance Related to the Provision of Humanitarian Assistance by Not-For-Profit Non-Governmental Organizations” to further clarify the scope of transactions in which not-for-profit non-governmental organizations (NGOs) may engage to the extent such transactions may implicate
designated individuals or take place in areas under the control of designated individuals or groups. The Guidance is for information and does not have the force of
law.
Where such transactions are not otherwise exempt or authorized pursuant to
OFAC general licenses, OFAC says that it has long had a favorable specific licensing policy supporting the provision of humanitarian assistance notwithstanding economic sanctions, especially in countries subject to comprehensive economic sanctions. OFAC prioritizes requests for licenses to provide humanitarian
assistance and endeavors to review such applications expeditiously.
The following OFAC guidance applies to transactions by NGOs that may implicate
sanctioned persons or countries.
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International Trade Compliance November 2014
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1. OFAC is fully supportive of the broader U.S. Government approach to facilitating
humanitarian assistance. The President’s imposition of economic sanctions against
regimes or groups carrying out violence against innocent civilians is a complement to
– and not in opposition to – the objectives of humanitarian assistance.
2. Consistent with U.S. foreign policy, OFAC issues general licenses where appropriate and prioritizes license applications, compliance questions, and other requests from
non-governmental organizations seeking to provide humanitarian assistance.
3. Non-governmental organizations may provide humanitarian assistance in countries
that are not subject to comprehensive sanctions (such as Yemen, Iraq, Somalia, South
Sudan, or Côte d’Ivoire) without the need for a license from OFAC, so long as they are
not dealing with persons blocked by sanctions, such as those listed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDNs) or any entity owned
50% or more by blocked persons.
4. Some areas may be dominated by armed groups under circumstances where the
group’s leaders have been designated by OFAC but the group as a whole has not
been designated. An entity that is commanded or controlled by an individual designated by OFAC is not considered blocked by operation of law. Thus, payments – including “taxes” or “access payments” – made to non-designated individuals or entities under the command or control of an SDN do not, in and of themselves, constitute prohibited activity. U.S. persons should employ due diligence, however, to ensure that an
SDN is not, for example, profiting from such transactions.
5. In areas dominated by designated armed entities, for example those listed as Specially Designated Global Terrorists, U.S. persons should exercise caution not to provide financial, material, technological, or other services to or in support of the designated entity. In circumstances involving a dangerous and highly unstable environment
combined with urgent humanitarian need, OFAC recognizes that some humanitarian
assistance may unwittingly end up in the hands of members of a designated group.
Such incidental benefits are not a focus for OFAC sanctions enforcement.
6. Finally, if a non-governmental organization is confronted with a situation in which, in
order to provide urgently needed humanitarian assistance, the non-governmental organization learns that it must provide funds or material support directly or indirectly to
an SDN group that is necessary and incidental to the provision of such humanitarian
assistance, the nongovernmental organization should reach out to OFAC directly.
OFAC and its interagency partners will work with the non-governmental organization
to address any such issues on a case-by-case basis in an expeditious manner.
OFAC releases consolidated non-SDN data files and upgrade to the
Sanctions List Search
On 10 October 2014, the Office of Foreign Assets Control (OFAC) announced
the release of Consolidated Sanctions List Data Files in order to make it easier to
comply with OFAC’s sanctions regulations. OFAC is now offering all of its nonSDN sanctions lists in a consolidated set of data files “the Consolidated Sanctions
List.” These consolidated files comply with all OFAC’s existing data standards. In
the future, if OFAC creates a new non-SDN style list, the office will add the new
data associated with that list to these consolidated data files if appropriate. While
the consolidated sanctions list data files are not part of OFAC’s list of Specially
Designated Nationals and Blocked Persons “the SDN List,” the records in these
consolidated files may also appear on the SDN List.
Included in the Consolidated Sanctions List Data Files:
25
•
Foreign Sanctions Evaders (FSE) List
•
Sectoral Sanctions Identifications (SSI) List
•
Palestinian Legislative Council (NS-PLC) list
•
The List of Foreign Financial Institutions Subject to Part 561 (the Part 561 List)
International Trade Compliance November 2014
Baker & McKenzie
•
Non-SDN Iranian Sanctions Act (NS-ISA) List
OFAC’s announcement states:
The goal of this consolidation effort is to reduce the number of list-related files that
must be downloaded in order to maintain an automated sanctions screening program.
In the future, if OFAC creates a new sanctions list where the action required of a U.S.
person does not necessarily entail blocking, the office will add the new data associated with that list to these consolidated data files if appropriate. Another goal of this effort is to ensure that all sanctions list records are included in OFAC’s Sanctions List
Search tool. As of this announcement all of OFAC’s lists are now available in Sanctions List Search.
In approximately 6 months, OFAC will cease issuing independent data files for the
FSE List, the SSI List and the NS-PLC List. During the transition period, OFAC will
produce these data on both the Consolidated Sanctions List and on the appropriate
individual lists. The new Consolidated Sanctions List data files can be accessed on
this page. In addition, the Consolidated Sanctions List data files are available on
OFAC’s File Transfer Protocol (FTP) site in a folder called, “consolidated_list.” Please
visit the Consolidated Sanctions List Specification file for the information about data
file nomenclature, column headers and field widths. The XSD specification file for the
XML version of the Consolidated Sanctions List may be found here.
OFAC will continue to provide and update independent human readable (.pdf and .txt)
versions of the FSE, SSI, NS-ISA, NS-PLC and Part 561 lists and their respective archive of changes files. These file formats will not be affected by the creation of the
consolidated data files and will continue to be available even after the transition period.
Some of OFAC’s non-SDN list products have never been offered in a data format before. Other non-SDN lists have not been updated recently and were produced by older
information systems. As such, OFAC’s list consolidation effort has resulted in some
minor administrative changes to the non-SDN list data. Below is a list of unique ID
numbers (UIDs) that correspond to records that were modified during the consolidation.
OFAC has also upgraded its Sanctions List Search tool to provide the users the
ability to search for a name on the SDN List, on the Consolidated List, or on both
lists simultaneously. By incorporating the Consolidated List, users will be able to
look for potential name matches on the SSI, FSE, NS-PLC, NS-ISA and Part 561
lists. Sanctions List Search previously only included the SDN and FSE lists.
Please see the related FAQs for additional information on algorithms, scoring,
and other technical details regarding the Sanctions List Search.
OFAC issues Ukraine General License 3
On October 6, 2014, the Office of Foreign Assets Control (OFAC) issued Ukraine
General License No. 3. “Authorizing Transactions Involving Certain Entities Otherwise Prohibited by Directive 1 under Executive Order 13662.” The General License authorizes all transactions prohibited by Directive 1 under Executive Order
13662 for DenizBank A.Ş., or any entity in which such a financial institution owns,
directly or indirectly, a 50 percent or greater interest. The general license does not
authorize otherwise prohibited transactions with other persons subject to any Directive under Executive Order 13662, or any other transactions prohibited pursuant to any part of 31 C.F.R. chapter V.
BIS imposes controls on read-out ICs and related software and
technology, and radar, and other designated technology
On October 14, 2014, the Bureau of Industry and Security (BIS) published in the
Federal Register an interim final rule with a request for comments [Docket No.
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International Trade Compliance November 2014
Baker & McKenzie
140131087–4087–01] amending the Export Administration Regulations (EAR) to
impose foreign policy controls on read-out integrated circuits and related “software” and “technology,” radar for helicopter autonomous landing systems, seismic intrusion detection “technology”, and “technology” “required” for the “development” or “production” of specified infrared up-conversion devices.
The read-out integrated circuits and related “technology” are controlled under new
Export Control Classification Numbers (ECCNs) on the Commerce Control List.
An existing ECCN has been amended to control the related “software” for those
items. New paragraphs have been added to certain existing ECCNs to control
radar for helicopter autonomous landing systems, seismic intrusion detection systems, and the “technology,” as mentioned, for specified infrared up-conversion
devices. Specified existing “software” and “technology” ECCNs have been
amended to apply to helicopter autonomous landing systems and seismic intrusion detection systems. The items are controlled for regional stability reasons
Column 1 (RS Column 1) and Column 2 (RS Column 2), and antiterrorism reasons Column 1 (AT Column 1). The Departments of Commerce, State and Defense have determined that imposition of these license requirements protects
U.S. national security and foreign policy interests. Specifically, those agencies
have determined that the items described in this rule have civilian applications but
also warrant immediate controls under the EAR because of their potential military
applications.
This rule is effective October 14, 2014. Comments must be received by December 15, 2014.
BIS seeks comments on EAR recordkeeping requirements
On October 1, 2014, the Bureau of Industry and Security (BIS) published in the
Federal Register an advance notice of proposed rulemaking [Docket No.
140905755–4755–01] seeking public comment on the recordkeeping requirements of the Export Administration Regulations (EAR). BIS is reviewing its requirements on record retention and record creation and is considering proposing
revisions to such requirements. BIS seeks public comment on ways to improve
the recordkeeping requirements of the EAR to reduce unnecessary burden, increase clarity, address changes in technology and data management, and maintain the tools necessary for compliance with and enforcement of the EAR. This
advance notice of proposed rulemaking is part of BIS’s retrospective regulatory
review being undertaken pursuant to Executive Order 13563. Comments must be
received by December 1, 2014.
State amends ITAR
On October 10, 2014, the Department of State published in the Federal Register
a final rule [Public Notice: 8898] amending the International Traffic in Arms Regulations (ITAR) as part of the Department of State’s retrospective plan under Executive Order 13563 completed on August 17, 2011. The amendment is being published in an effort to streamline, simplify and clarify the recent revisions to the
ITAR made pursuant to the President’s Export Control Reform (ECR) initiative.
The following changes are made to the ITAR in the final rule:
•
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International Trade Compliance November 2014
Definitions previously provided in §§ 121.3, 121.4, 121.14, and 121.15
are removed from these sections and incorporated into U.S. Munitions
List Categories VIII, VII, XX, and VI, respectively;
Baker & McKenzie
•
USML Category II is amended to clarify that grenade launchers are controlled in paragraph (a) as a result of the revisions previously made to
USML Category IV pursuant to Export Control Reform;
•
USML Category IX is amended to enumerate military training not directly
related to a defense article, which is a controlled activity pursuant to ITAR
§ 120.9(a)(3). This change is required in order to provide exporters a
USML category to cite for military training when not related to a defense
article;
•
The note to paragraph (b) in the specially designed definition is revised to
clarify that catch-all controls are only those that generically control parts,
components, accessories, and attachments for a specified article and do
not identify a specific specially designed part, component, accessory, or
attachment. This revision is intended to help ensure that exporters
properly apply ITAR § 120.41 when classifying their article and clarify that
when a specific article is described on the USML, it is enumerated and is
not part of a catch-all;
•
The definitions previously provided in ITAR § 121.8 are removed to new
ITAR § 120.45;
•
The policy with regard to when forgings, castings, and machined bodies
are controlled as defense articles is removed from ITAR § 121.10 and
placed in ITAR § 120.6;
•
The threshold for lithium ion batteries controlled in Category VIII(h)(13) is
increased from greater than 28 volts of direct current (VDC) nominal to
greater than 38 VDC nominal, so as not to control on the USML such batteries in normal commercial aviation use;
•
A control for specially designed parts, components, accessories, and attachments is added to the helmets controlled in Category VIII(h)(15); (9)
The phrase “electric-generating” is added to the control describing fuel
cells in Category VIII(h)(23) to clarify that fuel bladders and fuel tanks are
not within this control;
•
The word “enumerated” is replaced with the word “described” in the paragraphs of the USML for technical data and defense services directly related to the defense articles in that Category to clarify that the controls on
technical data and defense services apply even if the defense article is
described in a catchall;
•
Conforming changes are made to citations throughout these sections;
and
•
Minor reference corrections are made to Supplement No. 1 to Part 126,
including moving the footnote to the entire Supplement from the end to
the opening to better clarify if an item is excluded from eligibility in any
row, it is excluded from that exemption, even if also described in another
row that contains a description that may also include that item.
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):
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International Trade Compliance November 2014
Baker & McKenzie
F.R. Date
10-02-14
10-03-14
10-07-14
10-08-14
10-21-14
10-22-14
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International Trade Compliance November 2014
Applicable orders
OFAC: Sanctions Actions Pursuant to Executive Order 13224 [“Blocking
Property and Prohibiting Transactions With Persons Who Commit, Threaten
To Commit, or Support Terrorism”] (11 individuals, 1 entity) (N)
State: In the Matter of the Designation of Lavdrim Muhaxheri, aka Ebu Abdullah el Albani, aka Abu Abdullah al Kosova, aka Abu Abdallah al-Kosovi,
aka Abu Abdallah al-Kosovo as a Specially Designated Global Terrorist
Pursuant to Section 1(b) of Executive Order 13224, as Amended [Public
Notice: 8892] (N)
State: In the Matter of the Designation of Murad Margoshvili, aka Muslim
Abu al-Walid al-Shishani, aka Muslim al-Shishani, aka Murad Muslim
Akhmetovich Margoshvili, aka … aka Artur, as a Specially Designated
Global Terrorist pursuant to Section 1(b) of Executive Order 13224, as
amended [Public Notice: 8891] (N)
State: In the Matter of the Designation of Nusret Imamovic, aka Nusret
Sulejman Imamovic as a Specially Designated Global Terrorist pursuant to
Section 1(b) of Executive Order 13224, as Amended [Public Notice: 8890]
(N)
State: Persons on Whom Sanctions Have Been Imposed Under the Iran
Sanctions Act of 1996 and the Iran Freedom and Counter-Proliferation Act
of 2012 [Public Notice: 8897] (N)
State: In the Matter of the Designation of Abd al-Baset Azzouz, aka Abdelbassed Azouz, aka ‘‘AA’’, aka Abdulbasit Azuz as a Specially Designated
Global Terrorist Pursuant to Section 1(b) of E.O. 13224, as Amended [Public Notice: 8901] (N)
State: In the Matter of the Designation of Abdessamad Fateh, aka Abu
Hamza as a Specially Designated Global Terrorist Pursuant to Section 1(b)
of Executive Order 13224, as Amended [Public Notice: 8909] (N)
State: In the Matter of the Designation of Amru al-Absi, aka Abu al- Arthir,
aka Abu al-Asir as a Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as Amended [Public Notice: 8903] (N)
State: In the Matter of the Designation of Harakat Sham al-Islam, aka Haraket Sham al-Islam, aka Sham al-Islam,aka Sham al-Islam Movement as a
Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive
Order 13224, as Amended [Public Notice: 8908] (N)
State: In the Matter of the Designation of Jaish al-Muhajireen wal-Ansar,
aka Katiba al-Muhajireen, aka …, aka Army of Foreign Fighters and Supporters as a Specially Designated Global Terrorist Pursuant to Section 1(b)
of Executive Order 13224, as Amended [Public Notice:8904] (N)
State: In the Matter of the Designation of Maalim Salman, aka Mu’alim Salman, aka Mualem Suleiman, aka Ameer Salman, aka…aka Ma’alin Sulayman as a Specially Designated Global Terrorist Pursuant to Section 1(b) of
Executive Order 13224, as Amended [Public Notice: 8902] (N)
State: In the Matter of the Designation of Mohammed Abdel-Halim Hemaida
Salehaka Muhammad Abdal- Halim Humaydah as a Specially Designated
Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as
Amended [Public Notice 8907] (N)
State: In the Matter of the Designation of Muhannad al-Najdi, aka ‘Ali
Manahi ‘Ali al-Mahaydali al-’Utaybi, aka Ghassan al-Tajiki as a Specially
Designated Global Terrorist Pursuant to Section 1(b) of Executive Order
13224, as Amended [Public Notice: 8905] (N)
State: In the Matter of the Designation of Salim Benghalem as a Specially
Designated Global Terrorist Pursuant to Section 1(b) of Executive Order
13224, as Amended [Public Notice 8906] (N)
OFAC: Unblocking of Specially Designated Nationals and Blocked Persons
Pursuant to Cuban Assets Control Regulations (N)
OFAC: Sanctions Actions Pursuant to Executive Orders 13660, 13661 and
13662 (N)
State: In the Matter of the Designation of Hakimullah Mehsud as a Specially
Designated Global Terrorist pursuant to Section 1(b) of Executive Order
13224, as amended [Public Notice: 8927] (N)
State: In the Matter of the Designation of Khan Said aka Khan Sayed aka
Baker & McKenzie
F.R. Date
10-27-14
Applicable orders
Sajna Mehsud as a Specially Designated Global Terrorist pursuant to Section 1(b) of Executive Order 13224, as amended [Public Notice: 8926] (N)
State: In the Matter of the Designation of Qari Hussain as a Specially Designated Global Terrorist pursuant to Section 1(b) of Executive Order 13224,
as amended [Public Notice: 8928] (N)
State: In the Matter of the Designation of Ramzi Mawafi aka Ramzi Mowafi
aka Ramzi Mahmoud Al Mowafi aka Ramzi Muwafi as a Specially Designated Global Terrorist pursuant to Section 1(b) of Executive Order 13224,
as amended.[Public Notice: 8924] (N)
State: In the Matter of the Designation of Sangeen Zadran as a Specially
Designated Global Terrorist Pursuant to Section 1(b) of Executive Order
13224, as Amended [Public Notice: 8925] (N)
OFAC: Unblocking of two entities blocked pursuant to Executive Order
13382 of June 28, 2005 and updating the listing of one individual blocked
pursuant to Executive Order 13382 of June 28, 2005 (N).
CPSC proposes to add certain seasonal/decorative lighting to hazardous product list
On October 16, 2014, the Consumer Product Safety Commission (CPSC) published in the Federal Register a notice of proposed rulemaking [CPSC Docket No.
CPSC–2014–0024] that would amend the substantial product hazard list in 16
C.F.R. part 1120 to specify that seasonal and decorative lighting products that do
not contain one or more of three readily observable characteristics (minimum wire
size, sufficient strain relief, or overcurrent protection) constitute a substantial
product hazard under the Consumer Product Safety Act (CPSA). Written comments must be received by December 30, 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:
F.R. Date
Subject
CPSC: Final Rule: Safety Standard for Magnet Sets [CPSC Docket No.
CPSC–2012–0050] (FR)
CPSC: Substantial Product Hazard List: Seasonal and Decorative Lighting
10-16-14
Products [CPSC Docket No. CPSC-2014-0024] (PR)
10-03-14
FDA’s new Data Dashboard tool shares inspection, compliance and
recall data
On October 2, 2014, the FDA announced that it has released a new online tool to
provide insight into its compliance, inspection, and recall activities.
The new tool represents a departure from the downloadable spreadsheet-based
datasets that the FDA has posted in the past. The FDA data dashboard presents
information in an easy-to-read graphical format. It also provides access to the underlying data allowing anyone interested to see related data and trends.
The new dashboard provides data for FY 2009 to FY 2013, and allows access to
data on:
•
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International Trade Compliance November 2014
inspections;
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•
warning letters;
•
seizures and injunctions;
•
and statistics, specifically for recalls.
The FDA plans to update the data semi-annually. It is staged in a cloud environment, and it allows you to:
•
download information for additional analysis;
•
manipulate what you see by selecting filters;
•
rearrange the format of datasets and the way columns are sorted;
•
drill down into data; and
•
export charts and source information for further review.
The FDA developed this new dashboard after President Obama issued a Presidential Memorandum on Regulatory Compliance in January 2011 which directed
federal agencies to make publicly available compliance information easily accessible, downloadable and searchable online, to the extent feasible and permitted
by law.
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
10-08-14
10-17-14
10-22-14
10-23-14
Subject
The Effect of Uniform National Policy on Drug Product Tracing and Wholesale
Drug Distributor and Third- Party Logistics Provider Standards: Questions and
Answers; Draft Guidance for Industry; Availability [Docket No. FDA–2014–D–
1411] (N)
Food and Drug Administration Modernization Act of 1997: Modifications to the
List of Recognized Standards, Recognition List Number: 037 [Docket No.
FDA–2004–N–0451] (N)
Guidance for Industry on Circumstances that Constitute Delaying, Denying,
Limiting, or Refusing a Drug Inspection; Availability [Docket No. FDA-2013-D0710] (N)
Food and Drug Administration Food Safety Modernization Act; Public Meeting
[Docket Nos. FDA–2011–N–0920, FDA–2011–N–0921, FDA–2011–N–0922,
and FDA–2011–N–0143] (N/H)
US – ITDS requests participants for Lacey Act Working Group
On October 16, 2014, U.S. Customs and Border Protection (CBP) distributed
CSMS #14-000552 (Updated in CSMS# 14-000553) on behalf of the International
Trade Data System (ITDS) Committee of the Trade Support Network (TSN) seeking participants in an APHIS Lacey Act Working Group. The purpose of the Lacey
Act Import Working Group will be to ensure that all stakeholder groups are invited
to participate in a discussion of the technical requirements that will be necessary
for U.S. Department of Agriculture, Animal and Plant Health Inspection Service
(APHIS) to participate in the ITDS/ACE system. The working group will consist of
members of the trade whose businesses are regulated by the APHIS Lacey Act
Program, trade software developers who support the business processes, as well
as representatives from the Lacey Act Program and from the CBP team developing the ITDS software system – the Automated Commercial Environment (ACE).
The transition to ACE will result in changes to the way Lacey Act, CBP, and the
members of the trade who import these items, do business. Trade involvement is
needed to ensure that the proposed changes continue to support efficient trade
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International Trade Compliance November 2014
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movement while at the same time the Lacey Act Program complies with the ITDS
requirements of the Security and Accountability for Every Port Act (SAFE Port
Act).
The ACE system will replace the ACS system, and it will require that Lacey Act
specific data be submitted electronically via the Partner Government Agency
(PGA) Message Set. APHIS has worked with CBP to identify the specific data
elements that will need to be submitted by import filers, as well as the format and
content of those data elements, in order to successfully transact business in ACE
to comply with the ITDS “single window.” Through a series of conference calls,
the Lacey Act Working Group will review the PGA Message Set guidance, as well
as the impacts that the transition to ACE will have on Lacey Act’s importation
business processes.
The Lacey Act Program is responsible for the regulation and monitoring of the
import and export of various plant products to assure compliance with international measures established through U.S. law and international treaties and conventions that govern the harvest and sustainability of plant resources globally. The
primary import monitoring program of Lacey Act is the Lacey Act Declaration.
This program monitors and regulates the products listed on the APHIS Lacey Act
website and includes mandatory reporting requirements for imports.
Persons interested in participating were required to send e-mails to Committee
members by October 24, 2014.
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=Departmental offices, FAS=Foreign Agricultural Service,
AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]:
F.R. Date
10-01-14
10-06-14
10-10-14
10-16-14
10-23-14
32
International Trade Compliance November 2014
Subject
APHIS: Implementation of a Program for Federal Recognition of State Managed Phytosanitary Programs [Docket No. APHIS–2013–0086] (N)
APHIS: Notice of Decision To Allow Interstate Movement of Allium spp.
Leaves From Hawaii Into the Continental United States [Docket No. APHIS–
2014–0014] (N)
APHIS: Notice of Decision To Allow Interstate Movement of Fresh Achachairú
Fruit From Puerto Rico [Docket No. APHIS–2014–0029] (N)
APHIS: Importation of Cape Gooseberry From Colombia Into the United
States; Technical Amendment [Docket No. APHIS–2012–0038] (FR)
APHIS: Expansion of Areas in the Philippines Considered Free of Mango
Seed Weevil and Mango Pulp Weevil and Establishment of a Lower Irradiation
Dose as a Treatment for Mango Pulp Weevil [Docket No. APHIS–2013–0057]
(FR)
AMS: Irish Potatoes Grown in Colorado and Imported Irish Potatoes; Relaxation of the Handling Regulation [Doc. No. AMS–FV–13–0073; FV13–948–3
PR] (PR)
APHIS: Importation of Fresh Bananas From the Philippines Into Hawaii and
U.S. Territories [Docket No. APHIS–2013–0045] (FR)
APHIS: Importation of Kiwi From Chile Into the United States [Docket No.
APHIS-2014-0002] (PR)
APHIS: Notice of Decision to Authorize the Importation of Chipilin Leaves and
Edible Flowers of Chufle, Izote, and Pacaya From Guatemala Into the Continental United States [Docket No. APHIS-2014-0021] (N)
AMS: Onions Other Than Bermuda-Granex-Grano/Creole; Bermuda-Granex-
Baker & McKenzie
F.R. Date
Subject
Grano [Doc. Number AMS–FV–12–0013] (FR) [Revision of US grades]
AMS: United States Standards for Grades of Creole Onions [Doc. # AMS–FV–
13–0018] (N)
USDA: Guidelines for Designating Biobased Products for Federal Procurement (PR)
10-27-14 USDA: Voluntary Labeling Program for Biobased Products (PR)
APHIS: Importation of Fresh Unshu Oranges From Japan Into the United
States [Docket No. APHIS-2013-0059] (FR)
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.
•
Austria - Exporter Guide
•
Indonesia - FAIRS - Narrative
•
Colombia - Report Update – Exporting to Colombia – Registering and Veri-
•
•
•
•
•
•
fying Export Establishments for Meat and Poultry
Russia - Russian Ban on Plant Products Re-export from Poland
Hong Kong - Regulating Edible Oil Trade
Morocco - FAIRS - Narrative
Canada - Canada Announces Consultations on Standards of Identity for
Beer
Tunisia - FAIRS - Narrative
Ghana - FAIRS - Narrative
CITA publishes limitations of duty- and quota-free apparel imports
from Beneficiary Sub-Saharan countries
On October 2, 2014, the Committee for the Implementation of Textile Agreements
(CITA) published in the Federal Register a document setting forth the new 12month cap on duty- and quota-free benefits under the Trade and Development
Act of 2000, as amended (TDA). The TDA provides duty- and quota-free treatment for apparel articles wholly assembled in one or more beneficiary subSaharan African countries from fabric wholly formed in one or more beneficiary
countries from yarn originating in the U.S. or one or more beneficiary countries.
This preferential treatment is also available for apparel articles assembled in one
or more lesser developed beneficiary sub-Saharan African countries, regardless
of the country of origin of the fabric used to make such articles, subject to quantitative limitation. Public Law 112– 163 extended this special rule for lesser developed countries through September 30, 2015. The limits were effective October 1,
2014.
ATF publishes annual list of explosives
On October 7, 2014, the Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF), Department of Justice, published in the Federal Register a notice [Docket
No. 2014R–25T] containing the 2014 Annual List of Explosive Materials. Federal
33
International Trade Compliance November 2014
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law makes it unlawful for any person to engage in the business of importing,
manufacturing, or dealing in explosive materials without an ATF license.
Pursuant to 18 U.S.C. 841(d) and 27 C.F.R. 555.23, the Department must publish
and revise at least annually in the Federal Register a list of explosives determined
to be within the coverage of 18 U.S.C. 841 et seq. The list covers not only explosives, but also blasting agents and detonators, all of which are defined as explosive materials in 18 U.S.C. 841(c). The Department further seeks to clarify that
“pyrotechnic fuses” are explosives; and has, therefore, added this term to the List
of Explosive Materials. The list becomes effective October 7, 2014.
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
10-01-14
10-02-14
10-06-14
10-07-14
10-08-14
10-10-14
10-15-14
34
International Trade Compliance November 2014
Subject
Energy: Energy Conservation Program for Certain Commercial and Industrial
Equipment: Walk-in Coolers and Freezers; Test Procedure [Docket Number
EERE–2014–BT–PET–0041] (H)
Energy: Energy Conservation Program for Certain Commercial and Industrial
Equipment: Energy Conservation Standards for Walk-in Coolers and Freezers; Air-Conditioning, Heating, & Refrigeration Institute Petition for Reconsideration [Docket Number EERE–2014–BT–PET–0041] (Petition)
Environmental Protection Agency (EPA): Fenamiphos; Amendment to Existing Stocks Provision of Use Deletion and Product Cancellation Order [EPA–
HQ–OPP–2003–0200; FRL–9917–19] (N)
EPA: Certain Nonylphenols and Nonylphenol Ethoxylates; Significant New
Use Rule [EPA–HQ–OPPT–2007–0490; FRL–9912–87] (PR)
EPA: Fluoxastrobin; Pesticide Tolerances [EPA–HQ–OPP–2012–0576;
FRL–9916–28] (FR)
EPA: Tetraacetylethylenediamine and Its Metabolite, Diacetylethylenediamine; Exemption From the Requirement of a Tolerance [EPA–HQ–OPP–
2013–0277; FRL–9916–44] (FR)
Nuclear Regulatory Commission: Oversight of Counterfeit, Fraudulent, and
Suspect Items in the Nuclear Industry [NRC–2014–0212] (RFC on draft regulatory issue summary/H)
EPA: Certain New Chemicals; Receipt and Status Information [EPA–HQ–
OPPT–2014–0706; FRL–9917–18] (N)
Enforcement and Compliance, International Trade Administration: Quarterly
Update to Annual Listing of Foreign Government Subsidies on Articles of
Cheese Subject to an In-Quota Rate of Duty (N)
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF): Rules of Practice in Explosives License and Permit Proceedings (2007R–5P); Revisions
Reflecting Changes Consistent With the Homeland Security Act of 2002
[Docket No. ATF 33P; AG Order No. 3469– 2014] (PR)
ATF: Commerce in Explosives; 2014 Annual List of Explosive Materials
[Docket No. 2014R–25T] (N)
National Highway Traffic Safety Administration (NHTSA): Request for Comment on Automotive Electronic Control Systems Safety and Security [Docket
No. NHTSA–2014–0108] (RFC)
EPA: Pseudomonas Fluorescens Strain D7; Exemption From the Requirement of a Tolerance [EPA–HQ–OPP–2013–0569; FRL–9916–13] (FR)
EPA: Significant New Use Rule on Certain Chemical Substances; Technical
Correction [EPA–HQ–OPPT–2012–0727; FRL–9917–25] (FR/C)
EPA: Cancellation of Pesticides for Non- Payment of Year 2014 Registration
Maintenance Fees; Summary of Orders Issued [EPA–HQ–OPP–2014–0673;
FRL–9916–61] (N)
EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various Commodities [EPA–HQ–OPP–2014–0008; FRL–
Baker & McKenzie
F.R. Date
10-17-14
10-20-14
10-21-14
10-22-14
10-23-14
10-24-14
10-27-14
Subject
9917–24] (N/RFC)
EPA: Ortho-Phthalaldehyde Receipt of Application for Emergency Exemption, Solicitation of Public Comment [EPA–HQ–OPP–2014–0676; FRL–
9916–66] (N/RFC)
Energy: Energy Conservation Program for Consumer Products: Test Procedure for Ceiling Fans [Docket No. EERE–2013–BT–TP–0050] (PR/H)
EPA: Notice of Receipt of Requests for Amendments To Delete Uses in Certain Pesticide Registrations [EPA–HQ–OPP–2014–0639; FRL–9916–78] (N)
Commerce: Public Information, Freedom of Information Act and Privacy Act
Regulations [Docket No. 140127076–4811–02] (FR)
Energy: Energy Conservation Program for Certain Commercial Industrial
Equipment:Conservation Standards for Commercial Pre-Rinse Spray Valves
[Docket No. EERE-2014-BT-STD-0027] (E)
Energy: Energy Conservation Program for Certain Industrial Equipment: Energy Conservation Standards for Commercial Water Heating Equipment
[Docket Number EERE–2014–BT–STD–0042] (RFI)
Energy: Energy Conservation Program for Consumer Products: Test Procedures and Energy Conservation Standards for Residential Water Heaters
[Docket Number EERE-2014-BT-STD-0045] (RFI)
Energy: Energy Conservation Program: Energy Conservation Standards for
High-Intensity Discharge Lamps [Docket Number EERE–2010–BT–STD–
0043] (N)
Energy: Energy Conservation Program: Test Procedures for Fluorescent
Lamp Ballasts; Correction [Docket No. EERE-2009-BT-TP-0016-0017]
(PR/C)
Energy: Notice of Request for Information (RFI) Re: Photovoltaic Module
Recycling (N/RFC)
EPA: Metrafenone; Pesticide Tolerances [EPA-HQ-OPP-2013-0255; FRL9917-56] (FR)
EPA: Polyoxyalkylated sorbitan fatty acid esters; Tolerance Exemption [EPAHQ-OPP-2014-0217; FRL-9916-97] (FR)
EPA: Proposed Removal of Certain Inert Ingredients from Approved Chemical Substance List for Pesticide Products [EPA-HQ-OPP-2014-0558; FRL9916-22] (N)
State: Meeting on United States-Morocco Free Trade Agreement Environment Chapter Implementation, Working Group on Environmental Cooperation, and Public Session [Public Notice: 8920] (N/H)
Energy: Energy Conservation Program: Test Procedures for Residential
Clothes Dryers [Docket No. EERE–2014–BT–TP–0034] (N/H)
EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide
Chemicals In or On Various Commodities [EPA–HQ–OPP–2014–0008; FRL–
9916–03] (N)
EPA: Significant New Use Rules on Certain Chemical Substances [EPA-HQOPPT-2014-0390; FRL-9914-56] (FR)
Enforcement and Compliance, ITA (Commerce): Subsidy Programs Provided
by Countries Exporting Softwood Lumber and Softwood Lumber Products to
the United States; Request for Comment (N/RFC)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
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The Americas - South America
Argentina
Central Bank reduces term to evidence the entry of imported goods
On 16 October 2014, the Argentine Central Bank (ACB) issued Communication
“A” 5647 (the “Communication”) reducing the term that importers had to evidence
the actual entry into the country of imported goods that were paid for in advance.
The Communication was issued in order to avoid the devaluation expectation
which accelerate payments of import goods in advance increasing the demand for
foreign currency in the foreign exchange market. Accordingly, the ACB has reduced the term to evidence the entry of imported goods into the country from 365
days to 120 days, counted as from the day in which the importer accessed the
foreign exchange market to pay such goods in advance. Nevertheless, the ACB
admits the possibility of requesting an extension of such term based on causes
not attributable to the importer.
In addition, the Communication excluded capitals goods from the term reduced.
The term to prove the entry of such goods is still 365 days. In all cases, importers
must file an affidavit committing them to prove the entry of the goods within the
corresponding term according to the type of the imported good.
For additional information, please contact Alejandro Olivera, Gabriel Gomez Giglio or Francisco José Fernández Rostello of our Buenos Aires office.
Updated criterion values
The Federal Administration for Public Revenue (AFIP) publishes in the Boletin
Oficial de la Republica Argentina (Official Gazette) general resolutions setting
criterion values for purposes of preventing frauds on the revenue relating to
importations and exportations. Imported merchandise with a declared value lower
than the criterion value requires payment of a guarantee equivalent to the
difference in duties to be paid on the declared value and the criterion value. The
list of products subject to criterion values is often modified and covers imports
from a range of countries. An updated table of these may be found on the AFIP
website at: http://www.afip.gob.ar/Aduana/valoracion/valores.criterios.pdf
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 automated translation; date format dd-mm-yy].
BO Date
03-10-14
06-10-14
36
International Trade Compliance November 2014
Subject
National Administration of Drugs, Food and Medical Technology (ANMATM): Disp. № 6930/2014 (26 Sept. 2014) Prohibition on the use and
commercialization of certain medical products.
Federal Administration of Public Revenue (AFIP): General Res. №
3679 (29 Sept. 2014) Preventative reference values for exports.
General Res. № 2716. Supplementary standard.
ANMATM: Disp. № 6929/2014 (26 Sept. 2014) Prohibition on the use
and commercialization of certain medical products
ANMATM: Disp. № 6992/2014 (01 Oct. 2014) Prohibition on the use
Baker & McKenzie
BO Date
10-10-14
22-10-14
24-10-14
Subject
and commercialization of certain medical products
Foreign Relations: Resolution № 495/2014 List of persons and entities
subject to UNSC Al-Qaida sanctions
Economy & Public Finance: Res. № 803/2014 (21 Oct. 2014)
Amending Res. № 394/2007 relating to the exportation of crude oil and
its derivatives
Foreign Relations: Res. № 609/2014 (8 Oct. 2014) UNSC Res. № 2048
(2012) regarding Guinea-Bissau – latest update 5 June 2014
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Bolivia
Documents
The following documents were posted on the Bolivian National Customs website
[Unofficial automated translation; date format dd-mm-yy]:
Series
and №
Date
195/2014 30-09-14
196/2014 30-09-14
202/2014 10-10-14
204/2014 10-10-14
210/2014 16-10-14
215/2014 21-10-14
Abstract
Directorate Resolution № RD 01-025-14 of 25 Sept. 2014, Amending Annex III, Subsection A) Customs Departure Entry and Exit
System for Customs Road Transit, RD 01-008 -12 of 29 Aug. 2014
(Circular No. 212/2012).
Letter MDCyT-UPI 141/2014 of 26 Sept. 2014 of the Vice Ministry
of Culture and Tourism relating to the abduction of thirteen (13)
works of art from the gallery Jaime Zapata, Painter - Quito Ecuador.
Letter SG/E/1405/2014 of 02-09-14 secretary general of the Andean community, on officers and disabled enabled to issue certificates of origin of Bolivia.
Supreme Decree No. 2139 of 09-10-14, Authorizing The Total
Exemption From Payment of Taxes to Import Goods Donation for
the Ministry Of Health, Home Government And Municipal Mayor
Yacuiba University Of San Simon Cochabamba.
Ministry of Public Works, Services and Housing and the Ministry of
Economy and Public Finances Ministerial Resolution№ 007 01-0914 that Update the List of Goods Subject to Prior Authorization
and / or Certification to Import Goods Covered by Regulatory Authority and Oversight of Telecommunications and Transportation ATT.
General Secretary of the Andean Community Letter
SG/E/1615/2014 of 01-10-14 on Officer No Longer Authorized to
Issue Certificates of Origin of Peru
Brazil
CAMEX reduces import tax for hybrid cars
On 18 September 2014, the Council of Ministers of the Foreign Trade Chamber
(CAMEX), chaired by the Ministry of Development, Industry and Foreign Trade
(MDIC), decided to approve the inclusion of four new products in the Brazilian List
of Exceptions to rate Common External (Letec), with reduction of import duty.
Two of these products are hybrid vehicles without external recharging (combus37
International Trade Compliance November 2014
Baker & McKenzie
tion engine that works with the aid of electric or pneumatic drive system) technology, according to the descriptions below.
•
Passenger vehicles hybrid cars without external recharging of a cylinder capacity
exceeding 1,000 cm3 technology, but not exceeding 1500 cm3, capable of transporting people sitting less than or equal to six, including the driver, under CN code
8703.22.10 of Mercosur Common Nomenclature (NCM), a reduction of import duty from 35% to 0%, 2%, 4%, 5% and 7% (depending on the ex-tariff) until
31/12/2015;
•
Passenger vehicles hybrid cars without external recharging of a cylinder capacity
exceeding 1,500 cm3 technology, but not exceeding 3000 cm3, capable of transporting people sitting less than or equal to six, including the driver, under CN code
8703.23.10 of NCM, with reduction of import duty from 35% to 0%, 2%, 4%, 5%
and 7% (depending on the ex-tariff) until 31/12/2015;
From the energy efficiency of the vehicle, the importer may frame the corresponding product in the former tariff. The full list of ex-tariff integrate CAMEX Resolution
which will be published in the Official Gazette (DOU). CAMEX informs that the
reduction of import duty for hybrid vehicles is part of a set of measures needed to
create a market and attract investments to domestic production of vehicles using
new propulsion technologies. The introduction of these new technologies will provide consumer vehicles with greater energy efficiency and reduced emissions.
The decision of the CAMEX also contributes to the qualification of the workforce,
and encourage the development of engineering and local suppliers.
The other two products are certain diesel propelled road tractors used to pull
semi-trailers, and diammonium hydrogen orthophosphate, a fertilizer.
Brazil and USA sign memorandum ending WTO cotton dispute
On 1 October 2014, the Ministry of Development, Industry and Foreign Trade announced that, after more than a decade of dispute, Brazil and the United States
signed in Washington, a Memorandum of Understanding (MOU) terminating the
cotton litigation WTO (DS267). Initiated by Brazil in 2002, the dispute involved
domestic subsidies granted by the United States to its cotton producers, as well
as programs of export credit guarantees, considered incompatible with the
Agreement on Agriculture and the Agreement on Subsidies and Countervailing
Measures of the WTO. According to a statement released by the Ministry of Foreign Affairs (MFA), the United States pledged to make adjustments in credit and
export guarantee program (GSM- 102), which will operate within the parameters
negotiated bilaterally, thus providing better conditions for the competitiveness of
Brazilian products in the international market.
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 [Unofficial automated translation; date format dd-mm-yy].
38
DOU
Date
Subject
01-10-14
SECEX Ordinance № 35 (30 Sept. 2014) Establishes criteria for allocation of
quota for imports of casein, determined by CAMEX Resolution No. 88, of
September 26, 2014.
SECEX Ordinance № 36 (30 Sept. 2014) Establishes criteria for allocation of
quota for import of palm kernel oil, determined by CAMEX Resolution No. 88,
International Trade Compliance November 2014
Baker & McKenzie
DOU
Date
03-10-14
08-10-14
10-10-14
13-10-14
15-10-14
17-10-14
Subject
of September 26, 2014.
SECEX Ordinance № 37 (01 Oct. 2014) SECEX Amends Ordinance No. 23
dated July 14, 2011
CAMEX Res. № 90 (07 Oct. 2014) Changes to 2% (two percent) the rates of
import duty levied on goods and Telecommunications, on condition Ex-tariff
CAMEX Res. № 91 (07 Oct. 2014) Changes to 2% (two percent) the rates of
import duty levied on capital goods, on condition Ex-tariff
CAMEX Res. № 92 (07 Oct. 2014) Grants temporary reduction in the rate of
import duty under Resolution No. 08/08 the Common Market Group of MERCOSUR
SECEX Ordinance № 38 (09 Oct. 2014) -. SECEX Amends Ordinance No.
23 dated July 14, 2011.
SECEX Ordinance № 39 (09 Oct. 2014) -. Establishes criteria for allocation
of quota for import of polyester yarn, determined by CAMEX Resolution No.
92, of October 7, 2014.
SECEX Circular № 61, (10 Oct. 2014) -. Releases, as the content of Annex I,
the proposed modification of the MERCOSUR Common Nomenclature NCM and the Common External Tariff under review by Department of
International Negotiations (DEINT), in order to reap subsidies for defining
positioning under paragraph 1 of Rates, Nomenclature and Classification of
Goods, Mercosur Technical Committee.
CAMEX Resolution № 93 (14 Oct. 2014) Grants temporary reduction in the
rate of import duty under Resolution № 08/08 the Common Market Group of
MERCOSUR - GMC.
CAMEX Resolution № 94 (14 Oct. 2014) Grants temporary reduction in the
rate of import duty under Resolution No. 08/08 the Common Market Group of
MERCOSUR - GMC
SECEX Ordinance № 40 (16 Oct. 2014) -. Rectified on 20 Oct. 2014 in the
Gazette- Establishes criteria for allocation of import quotas for anhydrous
and plates, determined by CAMEX Resolutions 93 and No. 94 of October 14,
2014.
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 automated translation; date format dd-mm-yy].
Date
01-10-14
03-10-14
39
International Trade Compliance November 2014
Subject
NCS: Cir. № 283 Report new procedure Destination Customs Certification
issued by the Health Service
NCS: Fax Cir. № 54838 Interest rate applicable to goods deposited in warehouse. 109, under Law No. 19,479 / 96
Foreign Affairs: Decree № 191 Signs Agreement Between the Government
of Chile and the United States of America Adopting the Common Guidelines
for Interpretation, Application and Administration Chapter Four and Relevant
Provisions of Chapter Three and Code of Conduct for Dispute Settlement
Procedures of Chapter Twenty-Two Free Trade Agreement Between Chile
And The United States
Baker & McKenzie
Date
06-10-14
10-10-14
17-10-14
Subject
NCS: Res. № 5273 amending the Compendium of Customs Regulations
NCS: Res. № 5271 Instructions on Amending the Declaration and SMDA
NCS: Res. № 5375 – amending Res. № 7591 of 2012 and 59 of 2014
Foreign Affairs: Decree № 79 Promulgating Resolution № 252 of 1999, of
the Committee of Representatives of the Latin American Integration Association (ALADI) Which Established and Ordered the Consolidated Text of Resolution No. 78of Said Committee Established the General ALADI Rules of
Origin in the Annex
NCS: Res. № 5584 - Amends Annex 18 of the Compendium of Customs
Regulations, “Instructions for filling the form Declaration Temporary Admission for Inward (DAPTA)”, replace paragraph 9.8, Warehouse Code box.
NCS: Cir. № 290 - Chile – United States Free Trade Agreement -. Enactment
of the agreement by which the Common Guidelines are adopted to the interpretation, application and administration of Chapter IV and the relevant provisions of Chapter III and other materials indicating (Exhibits may be displayed on the section of the Chile-US FTA).
NCS: Res. № 5710 Instructions for the electronic transmission of the B / L
derived from a master bill of lading, and associated standards referred to in
paragraphs 4.4; 4.6; 11.2 and 11.3 of the Rules for the Electronic Presentation of Cargo Manifest by Sea, referred to Resolution № 7591 of 02.10.2012,
shall be effective on the dates indicated in this resolution.
NCS: Cir. № 302 Upgrade table. Circ. No. 34 / 31.01.13, product factors
ODP of HCFC's and mixtures thereof
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.
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) [Unofficial translation; date format dd-mm-yy]:
40
International Trade Compliance November 2014
Baker & McKenzie
Date
08-10-14
01-10-14
14-10-14
15-10-14
24-10-14
Subject
MinCIT: Circular 029 Whereby Circular 037 of 2013 Use of allocated quotas
for the import of electric and hybrid vehicles is modified.
DIAN: Decree № 1903/2014 Why the tax refund on sales to foreign tourists
in Colombia for the purchase of goods in the country and not resident in Colombia for the purchase of taxable goods is regulated foreign visitors, held in
the Special Units Border Development
DIAN: Circular 000032/2014 Reference Prices of Agricultural Products.
DIAN: Cir. 1920/2014 Ad-Valorem charges applicable to agricultural products
concerned, their substitutes, agroindustrial products or byproducts.
MinCIT: Circular № 30 Resolutions 000377 and 000378 030 2014 - export
quotas for milk and dairy products and soybean, sunflower or safflower, rape
or colza granted by Mexico to goods originating in Colombia is regulated.
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 Administration) or in the legal standards section of El Peruano (the Official Gazette)
[Unofficial automated translation; date format dd-mm-yy]:
Date
01-10-14
03-10-14
04-10-14
06-10-14
07-10-14
08-10-14
41
International Trade Compliance November 2014
Subject
Foreign Affairs: Min. Res. № 0682/2014 RE – Re: Working Group to propose
actions needed for the creation and identification of funding for the Fund for
the Development of the Border and Border Integration
Foreign Affairs: Min. Res. № 0683/2014 RE Approved Rules of the National
Development Council Borders and Border Integration
Nat. Inst. Of Antitrust and Intellectual Property (INDECOPI): Res. № 1012014/CND-INDECOPI Approving various technical standards rice, electrical
conductors, elastic bandages, molasses, sugar, bananas, honey and others
INDECOPI: Res. № 102-2014/CND-INDECOPI Approving various technical
standards rice, electrical conductors, elastic bandages, molasses, sugar,
bananas, honey and others
INDECOPI: Res. № 103-2014/CND-INDECOPI Approving various technical
standards rice, electrical conductors, elastic bandages, molasses, sugar,
bananas, honey and others
Econ. & Finance: Ministerial Resolution No. 326-2014-EF / 15 To have publication of the “Draft Technical Regulation on the labeling of containers containing chemicals, products and by-products or derivatives” in the portal
SUNAT
Agriculture: Dir. Res. № 0039-2014-MINAGRI-SENASA-DSV Establishes
mandatory phytosanitary requirements for the importation of “yemeras de
mango” from the USA
Agriculture: Dir. Res. № 0045-2014-MINAGRI-SENASA-DSV phytosanitary
requirements for the importation of plants, plant products and other regulated
articles.
Econ. & Finance: Vic Min. Res. № 019-2014-EF/15.01 CIF prices for the
application of additional variable duty or tariff reduction on imports of corn,
sugar, rice and whole milk powder
SUNAT: Res. № 311-2014 Complementary standards to Superintendence
Baker & McKenzie
Date
Subject
Res. № 212-2014/SUNAT
Agriculture: Dir. Res. № 0047-2014-MINAGRI-SENASA DSV Establishes
09-10-14 mandatory phytosanitary requirements for the importation of wheat grain
originating in Poland
Foreign Affairs: Sup. Decree № 058-2014-RE ratification of the “Agreement
between the Republic of Peru and the Federative Republic of Brazil to Facilitate Transit of Private Vehicles”
Foreign Affairs: Sup. Decree № 059-2014-RE ratification of the “Agreement
17-10-14 between the Republic of Peru and the Federative Republic of Brazil on Border Towns”
Foreign Affairs: Sup. Decree № 056-2014-RE to ratify the “Amendment to
the Basel convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.”
Econ. & Finance: Vice. Min. Res. № 020-2014-EF/15.01 CIF reference prices for the application of the additional variable duty or tariff reduction on im22-10-14 ports of corn, sugar, rice and whole milk powder
SUNAT: Res. № 316-2014/SUNAT approving an amendment to the single
Text of SUNAT Administrative Procedures
Venezuela
Official Gazette
[Unofficial automated translation; date format dd-mm-yy]
Date
Subject
National Integrated Customs and Tax Administration (SENIAT): №
08-10-14 SNAT/2014/0042 (30 Sept. 2014) Rate calculation for the interest moratorium – Month of August 2014 is 19.93% and increment of 1.2 times
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
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
09-14
Series and №
ACCA 2014/03
Title
Information for Import/Export Data Reports
Australian Gazettes
The following documents were published in the Government Notices Gazette, the
Tariff Concessions Gazette (TC) or other Gazettes as noted(dd-mm-yy):
Date
01-10-14
15-10-14
42
International Trade Compliance November 2014
Matter
TC14-38 1 October 2014
TC14-40 15 October 2014
Date
Matter
08-10-14 TC14-39 8 October 2014
22-10-14 TC14-41 22October 2014
Baker & McKenzie
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. The latest
version was updated on 10 October 2014.
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
China (including Hong Kong SAR)
Independent IPR office set up in the Shanghai Pilot FTZ
On October 9, 2014, the Shanghai Pilot Free Trade Zone (FTZ) announced that
on the morning of September 26, the management committee of the FTZ held an
opening ceremony of the intellectual property rights (IPR) office and an IPR protection seminar on improving IPR protection in the zone which was attended by
Officials and professors of the city’s IPR office, Shanghai customs, Shanghai’s
higher court, Shanghai’s arbitration commission, Tongji University, East China
University of Political Science and Law.
The new office will be responsible for management of patents, trademarks, and
copyrights in the FTZ except at the borders where such issues are inspected by
the customs. To meet the specialty of IPR law enforcement, the management
committee organized a professional IPR law enforcement team under the committee’s affiliated comprehensive law enforcement unit. The responsibilities of the
IPR office will be extended in two aspects: firstly, management and law enforcement functions for trademarks are added on top of original functions for patents
and copyrights. Secondly, the office will offer a wider range of administrative
management functions, including public services, in addition to the original limited
approval rights. Meanwhile, after settling on unified management and law enforcement system in the FTZ, the management committee is planning to set up
supporting mechanisms including a regional coordinating system, conflict solving
mechanism, and social participation mechanism.
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
[Unofficial automated translation; date format dd-mm-yy]:
Date
Series and №
08-08-14 GAC
30-09-14
Mofcom № 66,f 2014
GAC Decree № 224
08-10-14 GAC Decree № 225
11-10-14
43
International Trade Compliance November 2014
Mofcom № 68, 2014
Mofcom № 69, 2014
Subject
General Administration of Customs interpretation "of
Customs on cross-border e-commerce trade import
and export goods bulletin articles relevant regulatory
matters
2015 sugar import tariff quota application and allocation rules
Amending PR China - Chile Free Trade Agreement ...
Interim Measures People's Republic of China Customs
Credit Enterprise
Procedures and allocation principles phosphate rock
export quotas in 2015 reporting conditions, to declare
2015 oil products (fuel oil) non-state trading volume of
Baker & McKenzie
Date
Series and №
Mofcom/GAC № 71,
2014
14-10-13 GAC № 73, 2014
13-10-14
15-10-14 Mofcom № 70, 2014
Subject
imports allowed to apply conditions, allocation principles and relevant procedures
Automatic import licensing catalog of goods (sugar)
On the adjustment of coal import tariff rate
2015 fertilizer import tariff quota volume, distribution
principle
Antidumping and Countervailing Duty Cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
India
Safeguard investigation launched on cold rolled flat products of
stainless steel
On 20 October 2014, India notified the WTO’s Committee on Safeguards (see
Document G/SG/N/6/IND/40) that it initiated on 19 September 2014 a safeguard
investigation on Cold Rolled Flat Products of Stainless Steel of Chromium type,
400 series.
The investigation has been 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 PUC into India. Relevant factors having significant bearing on the present deteriorating domestic industry, as claimed by DI,
inter-alia, are:
•
The import of PUC has shown an increasing trend in absolute terms as
well as in relative terms;
•
Capacity utilization of the domestic industry has decreased during the period of investigation;
•
Share of domestic industry in domestic consumption and domestic demand has fallen significantly;
•
Market share of domestic producers has fallen in the most recent period
from 45% in 2011-12 to 43% during 2014-15 (Annualised);
•
Profitability of the domestic industry has steeply deteriorated, leading to
financial losses.
A safeguard investigation seeks to determine whether increased imports of a
product are causing, or is threatening to cause, serious injury to a domestic industry. During a safeguard investigation, importers, exporters and other interested
parties may present evidence and views and respond to the presentations of other parties.
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 routine
currency or personnel matters, anti-dumping, countervailing duty and safeguard)
and Directorate General of Foreign Trade (DGFT) notifications were issued during the period covered by this Update:
44
International Trade Compliance November 2014
Baker & McKenzie
Date
Series and №
26-09-14
29-09-14
15-10-14
17-10-14
20-10-14
22-10-14
Subject
92 (RE-2013)/2009-2014
(DGFT)
94 (RE-2013)/2009-2014
(DGFT)
Amendment in export policy of iron ore pellets
manufactured by KIOCL
Import of Currency Paper and Security Printing
Paper; conditions thereof:
Revision in Import Policy for some primary agri93 (RE-2013)/2009-2014
cultural commodities appearing in Chapter 10 of
(DGFT)
ITC(HS), 2012, Schedule 1 (Import Policy).
Not № 97/2014 – Cus.(N T) Tariff value of certain commodities
Cir. № 10/2014 - Customs Importation of Pesticides
Amends notification № 12/2012-Customs dated
17-03-2012 [condition number 100 of the AnnexNot № 30/2014-Cus. (T)
ure] to extend the time period for furnishing the
utilization certificate from the jurisdictional AC/DC
of Central Excise from 6 months to 12 months
95 (RE-2013)/2009-2014
Export of Dried Silk Worm Pupae to EU
(DGFT)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Indonesia
Updates on the implementation of new labeling requirement
It is almost a year since the enactment of Minister of Trade of the Republic of Indonesia Regulation No. 67/M-DAG/PER/11/2013 on Labeling Requirement in Bahasa Indonesia on Goods as amended by Minister of Trade Regulation No. 10/MDAG/PER/1/2014 (“Regulation 67”).
At this point, we should remind our readers of the following upcoming changes in
the regulation landscape under this regulation. Deadline: 25 December 2014
Regulation 67 became effective on 25 June 2014 for goods which have not been
distributed in the market. But there is a grace period for label adjustment until 25
December 2014 for goods which had already been distributed in the market before 25 June 2014. The grace period ends on 25 December 2014.
The labeling requirement applies for both locally manufactured goods and imported goods. The label should be affixed on the packaging or the goods or on both. It
must be:
•
permanently embossed or printed; or
•
attached entirely.
The label in Bahasa Indonesia must include a clear explanation of the goods and
the business actors’ identity. The explanation should include usage instructions
and danger symbols and/or warning signs, while the business actor’s identity
should include the name and address of the local manufacturer or the name and
address of the importer. The symbols of warning, danger or caution are put on if
related to safety, security, health or environment.
Regulation 67 stipulates that the label attached to both products and packaging
should not be a sticker. However, we have seen in practice that stickers are still
45
International Trade Compliance November 2014
Baker & McKenzie
allowed provided that they are super adhesive; therefore, it appears that the implementation is quite lenient.
Nevertheless, Regulation 67 is yet to be tested in its entirety, including its supervision and enforcement. Thus, there is still a possibility that the policy may
change and become less lenient.
The labeling requirement can be exempted in certain circumstances, such as if
the goods are:
•
bulk goods which are sold or packaged directly in front of consumers;
•
imported goods, such as capital goods, goods for research and knowledge development, sample goods (not for trading), goods imported temporarily, goods that
will be reimported, or goods of other countries representatives who work in Indonesia; or manufactured in Indonesia as capital goods or supporting goods of production processes.
As Regulation 67 only came into effect three months ago and there may be adjustments to the system, we may see further changes in the issuance of exemptions, e.g., requests for additional documents other than those listed in Regulation
67 to support the exemption applications.
In one case that our Jakarta office handled, the client’s labels were in a foreign
language. During the application process, the relevant official insisted that the
foreign language terms had to be adjusted to become Bahasa Indonesia. The
applicant adjusted the “foreign term” to Bahasa Indonesia, but the approval indicated that the previous “foreign term” was allowed. Based on this experience,
there is a possibility of inconsistency from the relevant authority when reviewing
and issuing the labeling approval applications. This may need to be addressed.
For further information, please contact Wimbanu Widyatmoko, Mochamed Fachri,
or Riza F Buditomo of our Jakarta office, who originally prepared the above information as a Client Alert.
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)
[Unofficial automated translation; date format dd-mm-yy].
Date
26-09-14
30-09-14
Reference
(T) 60/M-DAG/PER/ 9/2014
(T) 61/M-DAG/PER/ 9/2014
(F) 1925 KMK/KM.4/2014
(T) 75/M-DAG/PER/10/2014
14-10-14
(T) 73/M-DAG/PER/10/2014
(T) 72/M-DAG/PER/10/2014
(T) 77/M-DAG/PER/10/2014
46
International Trade Compliance November 2014
Matter
Pricing of Export Agriculture and Forestry
Products Top subjected Levy
Pricing of Export Products Over Mining Results
Processing subjected Levy
Pricing for the Calculation of Export Levy export
Procurement, Distribution and Control of Hazardous Materials 44/M-DAG/PER/9/2009 (Second amend.)
Importation of Certain Products (83/MDAG/PER/12/2012 (Third amendment)
Amendment to the Regulation No. 20 / M-DAG
/ PER / 4/2014 on Control and Supervision of
Procurement, Distribution, and Sale of Alcoholic Beverages
Rules of Origin of Indonesia
Baker & McKenzie
Date
Reference
15-10-14
(CE) SE-12 / BC / 2014
(T) 80/M-DAG/PER/10/2014
17-10-14
(F) 205 / PMK.011 / 2014
Matter
Guidelines for Monitoring and Evaluation of
Recipient Company Hoarding Bonded Facilities, Facilities Acquisition and Recovery Facilities
Compulsory Edible Oil Packaging
Amendment to Regulation of the Minister of
Finance Number 179 / Pmk.011 / 2012 Rates
of Excise on Tobacco Products
Korea
Korea Customs Service (KCS) Notices
The following KCS notices with a March effective date were posted. [Unofficial
automatic translation. Dates are mm-dd-yy]
Date
Number and Subject
01-10-14
Smuggling, etc. Administrative Instructions relating to the complainant Awards
Customs Notice on Article 97 duty-free re-enforcement - notice and comment,
some amendments to the administrative inquiry
Notice of the Inter trade goods customs administration - notice and comment,
some amendments to the administrative inquiry
Administrative notice and comment on the "Notice regarding the law on customs paperwork for the implementation of the exemption of a free trade agreement"
Notice on the collateral and settlement system operated for such tariff - revisions administrative inquiry notice and comment
Notice on a monthly payment scheme operating - some amendments to the
administrative inquiry notice and comment
Classification and change notification for Import and Export Goods
Notice abolition of tariff reductions on goods prejudging operating
06-10-14
10-10-14
21-10-14
24-10-14
28-10-14
Malaysia
Federal Government Gazette
The following documents were published in the Warta Kerajaan Persekutuan Federal Government Gazette [date format dd-mm-yy]
Date
01-10-14
14-10-14
16-10-14
47
International Trade Compliance November 2014
P.U. (A) 266/2014 Customs Duties (Goods Under Agreement on Comprehensive Economic Partnership Among Member States of the ASEAN And Japan)
(Amendment) Order 2014 - Customs Act 1967
P.U. (B) 430/2014 Notification of Values of Palm Kernel Under Section 12 Customs Act 1967
P.U. (B) 431/2014 Notification of Values of Crude Palm Oil Under Section 12 Customs Act 1967
P.U. (B) 433/2014 Notification Of Values Of Crude Petroleum Oil Under Section
12 Customs Act 1967
P.U. (B) 455/2014 Notice of Extension of Time Period for Making Preliminary
Determination - Countervailing and Anti-dumping Duties Act 1993 [PET originating or exported from China, Indonesia and S. Korea]
P.U. (A) 276/2014 Customs (Provisional Anti-Dumping Duties) Order 2014 Countervailing and Anti-Dumping Duties Act 1993 and - Customs Act 1967
P.U. (B) 482/2014 Notification of Values of Crude Petroleum Oil Under Section
12 - Customs Act 1967
P.U. (B) 483/2014 Notice of Affirmative Preliminary Determination of an AntiDumping Duty Investigation With Regard to the Imports of Hot Rolled Coils
Originating or Exported From China, Indonesia and S. Korea - Countervailing
Baker & McKenzie
Date
And Anti-dumping Duties Act 1993
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
Customs Import and Export Prohibition Orders come into effect
On 1 October 2014 the new Customs Import Prohibition Order 2014 and Customs
Export Prohibition Order 2014 came into effect.
The Customs Import Prohibition Order continues the import controls on motor vehicles with inaccurate odometers and offensive weapons detailed in the schedule.
This also includes changes to the offensive weapons schedule including the inclusion of identifiable components of swordsticks, and an amendment to provide
general description of the types of knives requiring a permit to import.
The Customs Export Prohibition Order continues the export controls on live
green-lipped mussel with a shell size of less than 50mm in length, Pounamu, and
strategic goods.
Duty-free tobacco concessions for travelers are being reduced
New Zealand Customs announced that from 1 November 2014 all tobacco imported into New Zealand will attract duty and GST, except for a limited amount
carried by travellers arriving in New Zealand. The duty free limit for travellers will
drop from 200 to 50 cigarettes or 50 grams of cigars or tobacco products.
The gift concession will be eliminated. There will not be a duty-free (or GST) allowance for tobacco sent or imported into New Zealand. If a person exceeds the
duty-free limit and declared the excess cigarettes or tobacco, they will only pay
duty on the excess. If a person fails to declare it on their Passenger Arrival Card,
the cigarettes or tobacco will be seized and the traveller may be prosecuted.
The drop in the duty-free limit aligns New Zealand with Australia’s duty-free tobacco allowance, and is another step towards reducing the harm caused by
smoking.
New Zealand Gazette
The following international trade related documents were published in the New
Zealand Gazette [Date format dd-mm-yy]:
Date
02-10-14
07-10-14
48
International Trade Compliance November 2014
Matter
Consent to the Distribution of New Medicines
Provisional Consent to the Distribution of New Medicines
Tariff Concession Approvals, Withdrawals And Declines Notice (No. 33) 2014
Baker & McKenzie
Date
Matter
09-10-14
16-10-14
17-10-14
21-10-14
23-10-14
Tariff Concession (Advertisement) Notice No. 2014/33
Notice Under the Animal Products Act 1999 (Notice No. MPI 396)
Notice Under the Animal Products Act 1999 (Notice No. MPI 398)
Consent to the Distribution of New Medicines
Consent to the Distribution of New Medicines
Consent to the Distribution of New Medicines
Consent to the Distribution of New Medicines
Tariff Concession (Advertisement) Notice No. 2014/34
Tariff Concession Approvals, Withdrawals And Declines Notice (No. 35) 2014
Tariff Concession (Advertisement) Notice No. 2014/35
Consent to the Distribution of New Medicines
Notice Under the Animal Products Act 1999 (Notice No. MPI 400)
Philippines
Customs Orders
The following Customs Administrative Orders (CAO), Customs Memorandum Circulars (CMC) (other than IPR recordations, exchange rates, and rice prices) and
Customs Memorandum Orders (CMO) were posted to the Bureau of Customs
website [Date is mm/dd/yy]:
Date
Reference
10-07-14 CMO 19-2014
10-08-14 CMO 21-2014
10-09-14 CMO 22-2014
Matter
Repeal of Customs Memorandum Order No. 18-2014, Guidelines on Lifting an Order of Abandonment
Procedures For The Issuance and Lifting of Alert Orders for
Formal Entries Filed In The E2M System
Tagging of Arrival and Date of last Discharge in E2M for all
Vessel and Aircraft Arrivals
Singapore
Implementation of UN Sanctions against Iran
The United Nations (Sanctions - Iran) Regulations 2014 (Sanctions) was enacted
and took effect on 29 September 2014. The United Nations (Sanctions - Iran)
Regulations 2007 (2007 Sanctions) have been correspondingly revoked.
The Sanctions build on the existing sanctions detailed in the 2007 Sanctions and
provide for additional prohibitions and duties pursuant to United Nations Security
Council (UNSC) Resolutions 1747 (2007), 1803 (2008), and 1929 (2010) (Resolutions). The Sanctions also accord wider powers to the authorities to manage vessels and property which are suspected of contravening the respective resolutions.
Do note that financial institutions regulated by the Monetary Authority of Singapore are not subject to the Sanctions but are instead subject to similar prohibitions enacted under the Monetary Authority of Singapore (Sanctions and Freezing
of Assets of Persons - Iran) Regulations 2007.
The Sanctions set out several new prohibitions, including:
49
•
Prohibition against selling or making available interest in certain commercial activities;
•
Prohibition against transfer of technology or technical assistance relating to ballistic missiles;
•
Prohibition against provision of bunkering services; and
International Trade Compliance November 2014
Baker & McKenzie
•
Prohibition against provision of financial services and other resources.
In general, the above prohibitions are in line with the Resolutions, which seek to,
amongst others, reduce the supply, sale, or transfer of major military weapons
systems, related materials, technology, and financial assistance aimed at military
purposes to Iran, as well as target any possible external support for Iran's suspected development of nuclear weapons.
The Sanctions also impose a general duty to exercise vigilance when doing business with any Iran-related individual or entity and set out the specific steps an
individual should take to discharge this general duty.
Apart from the additional prohibitions, the Sanctions also expand on the overall
ambit of the 2007 Sanctions with the inclusion of a forfeiture clause. The forfeiture
clause gives the Singapore courts power, on the application of the AttorneyGeneral, to order the forfeiture and subsequent destruction of suspected property.
In the event there are reasonable grounds to believe that the cargo of a Singapore ship on the high seas includes any designated item in contravention of the
regulations, the Director of Marine has the authority to authorize the inspection of
such ship or direct the ship to proceed to an appropriate and convenient port for
inspection.
The implementation of the Sanctions reflects Singapore's stance in respect of its
sanctions regime. As a member of United Nations, Singapore has been diligent in
ensuring that it complies with the UN Security Council Resolutions. The prohibitions are therefore not unique to Singapore. Further, when considering the Sanctions, companies should note that the prohibitions cover not only persons in Singapore but also citizens of Singapore who are outside of Singapore.
For additional information, please contact Eugene Lim, Ken Chia or Yi Lin Seng of
our Singapore office, who prepared the Legal Alert from which the above material
was taken.
Unprecedented award of statutory damages for trademark infringement
In Converse Inc. v. Ramesh Ramchandani and another [2014] SGHCR 11, the
Singapore High Court awarded the plaintiff an unprecedented sum of S$100,000,
being the maximum amount of statutory damages under section 31(5) of the Singapore Trade Marks Act (Cap. 322, 2005 Rev Ed) (the Trade Marks Act) for infringement of their registered trade mark, “CONVERSE”.
The subject matter of the case, related to 13,716 pairs of shoes which were
seized from a container that had passed through Singapore and was finally
stopped in Rotterdam. Although the claimant only claimed for losses on a royalty
basis amounting to around S$45,000, the Court awarded the maximum amount of
statutory damages relying on section 31(6) of the Trade Marks Act which enables
the Court to take into consideration the flagrancy of the infringement and the need
for deterrence and any loss suffered by plaintiff as well as any benefit accrued to
defendants.
For further information on this decision on the award of statutory damages see
our client alert written by Andy Leck and Yew Kuin Cheah of Baker & McKenzie,
Singapore.
50
International Trade Compliance November 2014
Baker & McKenzie
Vietnam
Government documents
The following Government laws, decrees, decisions, notices and other documents
related to international trade were posted by the General Department of Vietnam
Customs on its website. Translations are automated and unofficial [dd-mm-yy]:
Date
01-10-14
Reference
Dec. № 2900 / QDGDC
Cir. № 45/2014 /
TT-BGTVT
03-10-14
06-10-14
07-10-14
Dec. № 2924 /
QD-GDC
Dec. № 2926 / QDGDC
Doc. № 12122 /
GDC-TXNK
Dec. № 2575/2014
/ QD-BTC
Doc. № 12165 /
GDC-GSQL
Doc. № 14353 /
09-10-14
BTC
Doc. № 14 427 /
BTC-TCHQ
Doc. № 14397 /
GDC- BTC
Dec. № 2981 / QDGDC
Decision 2980 /
QD-GDC
10-10-14
Doc. № 12350 /
GDC-TVQT
Doc. № 12263/
GDC-TXNK
Doc. № 12341/
GDC-TXNK
Doc. № 12271/
DDC-TXNK
Doc. № 14638/
BTC-TCHQ
Doc. № 12582/
15-10-14
GDC-TXNK
Circular 35/2014 /
TT-BTC
08-10-14
51
International Trade Compliance November 2014
Matter
Decentralization, authorization and implementation in the
field of financial management, property, construction
investment, internal control, IT applications, centralized
procurement in the units of the Customs
National technical regulations on emissions 3 level for
two-wheel motor vehicles manufacturing, assembly and
import new
Regulations on the exchange of information on tax collection, cash payment delay, fines, and other revenues
of the state budget and guarantees tax-related export
activities, NK in electronic Payment Gateway of GDC
Regulations to ensure security and safety system of the
Customs Information Technology
VAT refund for foreigners Da Nang International Airport,
Cam Ranh
Regarding correction of Circular 70/2014 / TT-BTC dated
28.5.2014 of the Ministry of Finance customs clearance
regulations for air and gas Liquefied petroleum exports,
imports, TNTX, CK; imported raw materials for the production and mixing gas and liquefied petroleum gas;
Imported raw materials for processing gas and export of
liquefied petroleum gas
Strengthening customs management measures applicable to goods brought into or out of the zone
Import duty machinery, printing equipment
Guide customs procedures for companies priority in
case of system electronic customs declaration trouble
Handling problems in Circular 128, Circular 22 and record labels
Issued implementing regulations on decentralization of
public servants GDC
Promulgated the Regulation on training, retraining, use
and management of customs experts
Notification issued regarding cigar stamps NK
Classification automatic circuit breakers
Horticultural products, livestock, fisheries
Completion of import VAT wrongly paid or overpaid
Application of HS codes for components, automotive
parts
Classification of Rubber
Application mode permits automatic import for fertilizers
Baker & McKenzie
Europe
European Union and EFTA
EU regulation on the labelling of foodstuffs incorporated into the
EEA Agreement
On 24 October 2014, the EEA EFTA States incorporated 68 legal acts into the
EEA Agreement, including an EU regulation on the labelling of foodstuffs.
The regulation repeals existing legislation by merging the Directive on the Labelling, Presentation and Advertising of Foodstuffs with the Directive on Nutrition
Labelling for Foodstuffs. It also changes existing legislation on food labelling, including:
•
Mandatory nutrition information on processed foods;
•
Highlighting of allergens such as peanuts or milk in the list of ingredients
(requirements also cover non pre-packed foods, including those sold in
restaurants and cafés);
•
Better legibility, i.e. minimum size of text.
The aim of the regulation is to label foodstuffs in such a way that consumers have
easy access to information. In order to make informed choices when buying products, consumers should have essential, legible, and comprehensible information
at their disposal. This regulation applies to food business operators at all stages
of the food chain. It covers all foodstuffs intended for the end consumer, including
those served by mass caterers, or intended for supply to mass caterers.
•
Overview of EEA Joint Committee Decisions adopted on 24 October 2014.
•
Provisional texts of EEA Joint Committee Decisions adopted in 2014.
EU strikes a comprehensive trade deal with East African Community
On 16 October 2014, the European Commission announced that negotiators from
the EU and the East African Community (EAC) finalised a new comprehensive
Economic Partnership Agreement (EPA) between both regions. The agreement
will provide legal certainty for businesses and open a long-term perspective for
free and unlimited access to the EU market for products from Burundi, Kenya,
Rwanda, Tanzania and Uganda.
To comply with the rules of the WTO, the EAC countries committed to increase
the share of their duty-free imports to 80% over the coming 15 years. As EAC
customs union tariffs on imports are already low, absorbing the EPA is a feasible
endeavour. Also, when EAC countries will be ready to grant more far-reaching
concessions to the Europe’s main competitors, the EU will be able to claim those
same improvements. The EU and EAC have also reached a balanced outcome
on export taxes.
Beyond the elimination of customs duties, the agreement covers important issues,
such as free movement of goods, cooperation on customs and taxation, and trade
defence instruments, which mirror the effort of the EAC to strengthen its customs
union and to set up an effective internal market. This is the EU's most tangible
contribution to support the regional objectives of the EAC.
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The agreement, initialled by all negotiators, is now going to be presented for approval according to the domestic procedures of each partner.
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
No amendments to the Explanatory Notes to the Combined Nomenclature of the
European Union 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:
OJ Date
01-10-14
02-10-14
03-10-14
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Subject
Council Implementing Decision of 25 September 2014 on subjecting 4-iodo2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine (25I-NBOMe), 3,4dichloro-N-[[1-(dimethylamino)cyclohexyl]methyl]benzamide (AH-7921), 3,4methylenedioxypyrovalerone (MDPV) and 2-(3-methoxyphenyl)-2(ethylamino)cyclohexanone (methoxetamine) to control measures
[2014/688/EU]
Commission Implementing Decision of 29 September 2014 on measures to
prevent the introduction into the Union of the foot-and-mouth disease virus
from Algeria, Libya, Morocco and Tunisia (notified under document C(2014)
6868) [2014/689/EU]
Commission Delegated Regulation (EU) No 1040/2014 of 25 July 2014 amending Council Directive 2001/112/EC relating to fruit juices and certain similar
products intended for human consumption to adapt its Annex I to technical
progress
Commission Implementing Decision of 30 September 2014 repealing Decision
2006/464/EC on provisional emergency measures to prevent the introduction
into and the spread within the Community of Dryocosmus kuriphilus Yasumatsu (notified under document C(2014) 6566) [2014/690/EU]
Council Decision of 29 September 2014 amending Decision 2014/668/EU on
the signing, on behalf of the European Union, and provisional application of the
Association Agreement between the European Union and the European Atomic
Baker & McKenzie
OJ Date
07-10-14
09-10-14
10-10-14
11-10-14
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Energy Community and their Member States, of the one part, and Ukraine, of
the other part, as regards Title III (with the exception of the provisions relating
to the treatment of third-country nationals legally employed as workers in the
territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the
related Annexes and Protocols [2014/691/EU]
Position (EU) No 9/2014 of the Council at first reading with a view to the adoption of a Directive of the European Parliament and of the Council amending
Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in
their territory Adopted by the Council on 23 July 2014 [2014/C 349/01]
Notice concerning the applicable rules of origin and temporary suspension in
relation to provisional application of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the
other part [2014/C 352/06]
Notice to economic operators — New round of requests for the suspension of
the autonomous Common Customs Tariff duties on certain industrial and agricultural products [2014/C 352/07
Corrigendum to Council Regulation (EU) No 1387/2013 of 17 December 2013
suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products and repealing Regulation (EU) No 1344/2011 (OJ
L 354, 28.12.2013)
Corrigendum to Council Regulation (EU) No 722/2014 of 24 June 2014 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products (OJ L 192,
1.7.2014)
Medicinal products — List of marketing authorisations granted by the EEA EFTA States for the second half of 2011 [2014/C 356/06]
Medicinal products — List of marketing authorisations granted by the EEA EFTA States for the first half of 2012 [2014/C 356/07]
Medicinal products — List of marketing authorisations granted by the EEA EFTA States for the second half of 2012 [2014/C 356/08]
Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on
the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No
528/2012 of the European Parliament and of the Council
Commission Implementing Decision of 8 October 2014 amending Annexes I
and II to Decision 2004/558/EC as regards the approval of a control programme for eradicating infectious bovine rhinotracheitis in Belgium and the
infectious bovine rhinotracheitis-free status of the Federal State of Thuringia in
Germany (notified under document C(2014) 7113) [2014/703/EU]
Commission Implementing Decision of 8 October 2014 amending Decision
2009/821/EC as regards the list of border inspection posts (notified under document C(2014) 7139) [2014/704/EU]
Commission communication in the framework of the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9
March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Publication of titles
and references of harmonised standards under Union harmonisation legislation) [2014/C 359/01]
Commission communication in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (Publication of titles and references of
European standards under the directive) [2014/C 359/02]
Commission Implementing Regulation (EU) No 1070/2014 of 10 October 2014
amending Regulation (EC) No 271/2009 as regards the minimum content of
the preparation of endo-1,4-beta-xylanase produced by Aspergillus niger (CBS
109.713) and endo-1,4-beta-glucanase produced by Aspergillus niger (DSM
18404) as a feed additive for laying hens (holder of authorisation BASF SE)
Commission Recommendation of 9 October 2014 on relevant product and service markets within the electronic communications sector susceptible to ex
ante regulation in accordance with Directive 2002/21/EC of the European Par-
Baker & McKenzie
OJ Date
Subject
liament and of the Council on a common regulatory framework for electronic
communications networks and services [2014/710/EU]
Update of model cards issued by the Ministries of Foreign Affairs of Member
States to accredited members of diplomatic missions and consular representations and members of their families, as referred to in Article 19(2) of Regulation
(EC) No 562/2006 of the European Parliament and of the Council establishing
a Community Code on the rules governing the movement of persons across
borders (Schengen Borders Code) [2014/C 360/05]
Council Decision of 24 September 2012 on the signing, on behalf of the European Union and its Member States, and the provisional application of the protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part,
and the Republic of Tunisia, of the other part, to take account of the accession
of the Republic of Bulgaria and Romania to the European Union [2014/711/EU]
14-10-14
15-10-14
16-10-14
17-10-14
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International Trade Compliance November 2014
Protocol to the Euro-Mediterranean Agreement establishing an association
between the European Communities and their Member States, of the one part,
and the Republic of Tunisia, of the other part, to take account of the accession
of the Republic of Bulgaria and Romania to the European Union
Commission Implementing Regulation (EU) No 1076/2014 of 13 October 2014
concerning the authorisation of a preparation containing a smoke flavouring
extract-2b0001 as feed additive for dogs and cats
Commission Delegated Regulation (EU) No 1078/2014 of 7 August 2014
amending Annex I to Regulation (EU) No 649/2012 of the European Parliament
and of the Council concerning the export and import of hazardous chemicals
Regulation No 60 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of two-wheeled
motor cycles and mopeds with regard to driver-operated controls including the
identification of controls, tell-tales and indicators
Corrigendum to Association Agreement between the European Union and the
European Atomic Energy Community and their Member States, of the one part,
and Georgia, of the other part (OJ L 261, 30.8.2014)
Commission Regulation (EU) No 1084/2014 of 15 October 2014 amending
Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of
the Council as regards the use of diphosphates (E 450) as a raising agent and
acidity regulator in prepared yeast based doughs
Commission Implementing Directive 2014/96/EU of 15 October 2014 on the
requirements for the labelling, sealing and packaging of fruit plant propagating
material and fruit plants intended for fruit production, falling within the scope of
Council Directive 2008/90/EC
Commission Implementing Directive 2014/97/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards the registration of suppliers
and of varieties and the common list of varieties
Commission Implementing Directive 2014/98/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards specific requirements for the
genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections
Corrigendum to Commission Decision 2014/314/EU of 28 May 2014 establishing the criteria for the award of the EU Ecolabel for water-based heaters (OJ L
164, 3.6.2014)
Commission Implementing Regulation (EU) No 1090/2014 of 16 October 2014
approving permethrin as an existing active substance for use in biocidal products for product-types 8 and 18
Commission Implementing Regulation (EU) No 1091/2014 of 16 October 2014
approving tralopyril as a new active substance for use in biocidal products for
product-type 21
Commission Regulation (EU) No 1092/2014 of 16 October 2014 amending
Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of
the Council as regards the use of sweeteners in certain fruit or vegetable
spreads
Baker & McKenzie
OJ Date
18-10-14
21-10-14
22-10-14
23-10-14
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Commission Regulation (EU) No 1093/2014 of 16 October 2014 amending and
correcting Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the use of certain colours in flavoured ripened cheese
Council Decision of 8 October 2014 on the signing, on behalf of the European
Union and its Member States, of the Protocol to the Framework Agreement on
Comprehensive Partnership and Cooperation between the European Union
and its Member States, of the one part, and the Socialist Republic of Vietnam,
of the other part, to take account of the accession of the Republic of Croatia to
the European Union [2014/717/EU]
Council Decision of 8 October 2014 on the signing, on behalf of the European
Union and its Member States, of the Protocol to the Framework Agreement on
Partnership and Cooperation between the European Union and its Member
States, of the one part, and the Republic of the Philippines, of the other part, to
take account of the accession of the Republic of Croatia to the European Union
[2014/718/EU]
Commission Regulation (EU) No 1096/2014 of 15 October 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 carbaryl, procymidone and profenofos in or on certain products
Commission Regulation (EU) No 1098/2014 of 17 October 2014 amending
Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of
the Council as regards certain flavouring substances
Council Decision of 13 October 2014 establishing the position to be taken on
behalf of the European Union within the Committee on Government Procurement on the accession of Montenegro to the Revised Agreement on Government Procurement [2014/720/EU]
Council Decision of 13 October 2014 establishing the position to be taken on
behalf of the European Union within the Committee on Government Procurement on the accession of New Zealand to the Revised Agreement on Government Procurement [2014/721/EU]
Corrigendum to Commission Decision 2014/313/EU of 28 May 2014 amending
Decisions 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU,
2012/720/EU and 2012/721/EU in order to take account of developments in the
classification of substances (OJ L 164, 3.6.2014)
Commission Implementing Regulation (EU) No 1108/2014 of 20 October 2014
concerning the authorisation of a preparation of Clostridium butyricum (FERM
BP-2789) as a feed additive for turkeys for fattening and turkeys reared for
breeding (holder of authorisation Miyarisan Pharmaceutical Co. Ltd represented by Miyarisan Pharmaceutical Europe S.L.U.)
Commission Implementing Regulation (EU) No 1109/2014 of 20 October 2014
concerning the authorisation of the preparation of Saccharomyces cerevisiae
CBS 493.94 as a feed additive for cattle for fattening, minor ruminant species
for fattening, dairy cows and minor dairy ruminant species and amending
Regulations (EC) No 1288/2004 and (EC) No 1811/2005 (holder of authorisation Alltech France)
Commission Implementing Regulation (EU) No 1114/2014 of 21 October 2014
amending Regulation (EC) No 2075/2005 laying down specific rules on official
controls for Trichinella in meat
Commission Implementing Regulation (EU) No 1115/2014 of 21 October 2014
concerning the authorisation of a preparation of fumonisin esterase produced
by Komagataella pastoris (DSM 26643) as a feed additive for pigs
Commission Regulation (EU) No 1119/2014 of 16 October 2014 amending
Annex III to Regulation (EC) No 396/2005 of the European Parliament and of
the Council as regards maximum residue levels for benzalkonium chloride and
didecyldimethylammonium chloride in or on certain products
Commission Regulation (EU) No 1123/2014 of 22 October 2014 amending
Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes
Council Decision of 9 October 2014 on the position to be adopted on behalf of
the European Union within the Stabilisation and Association Council estab-
Baker & McKenzie
OJ Date
24-10-14
Subject
lished by the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, as regards the replacement of
Protocol 4 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol
which, as regards the rules of origin, refers to the Regional Convention on panEuro-Mediterranean preferential rules of origin [2014/734/EU]
Council Decision of 9 October 2014 on the position to be adopted on behalf of
the European Union within the Stabilisation and Association Council established by 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, as regards the replacement of Protocol 3 to that
Agreement, concerning the definition of the concept of ‘originating products’
and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-EuroMediterranean preferential rules of origin [2014/735/EU]
Commission Implementing Decision of 22 October 2014 correcting the Annex
to Implementing Decision 2014/461/EU on a temporary derogation from Council Decision 2013/755/EU, as regards the rules of origin for prepared and preserved shrimps and prawns from Greenland [2014/736/EU]
Commission Regulation (EU) No 1126/2014 of 17 October 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 asulam, cyanamide, dicloran, flumioxazin, flupyrsulfuron-methyl, picolinafen and propisochlor in or on certain products
Commission Regulation (EU) No 1127/2014 of 20 October 2014 amending
Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament
and of the Council as regards maximum residue levels for amitrole, dinocap,
fipronil, flufenacet, pendimethalin, propyzamide, and pyridate in or on certain
products
Commission Implementing Regulation (EU) No 1130/2014 of 22 October 2014
opening a tariff quota for the year 2015 for the importation into the European
Union of certain goods originating in Norway resulting from the processing of
agricultural products covered by Regulation (EU) No 510/2014 of the European
Parliament and of the Council
Council Decision of 9 October 2014 on the position to be adopted on behalf of
the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the Republic of
Albania, of the other part, as regards the replacement of Protocol 4 to that
Agreement, concerning the definition of the concept of ‘originating products’
and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-EuroMediterranean preferential rules of origin [2014/737/EU]
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established,
amended or corrected:
OJ Date
Restrictive Measure
Council Implementing Decision 2014/701/CFSP of 8 October 2014 implementing
Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
09-10-14 Council Implementing Regulation (EU) No 1057/2014 of 8 October 2014 implementing Article 11(1) and (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
Commission Implementing Regulation (EU) No 1058/2014 of 8 October 2014
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OJ Date
15-10-14
17-10-14
21-10-14
24-10-14
Restrictive Measure
amending for the 221st time Council Regulation (EC) No 881/2002 imposing
certain specific restrictive measures directed against certain persons and entities
associated with the Al Qaida network
Council Decision 2014/700/CFSP of 8 October 2014 amending Decision
2013/183/CFSP concerning restrictive measures against the Democratic People’s Republic of Korea
Commission Implementing Regulation (EU) No 1059/2014 of 8 October 2014
amending Council Regulation (EC) No 329/2007 concerning restrictive measures
against the Democratic People’s Republic of Korea
Corrigendum to Council Implementing Decision 2014/24/CFSP of 20 January
2014 implementing Decision 2012/642/CFSP concerning restrictive measures
against Belarus (OJ L 16, 21.1.2014)
Corrigendum to Council Implementing Regulation (EU) No 46/2014 of 20 January 2014 implementing Regulation (EC) No 765/2006 concerning restrictive
measures in respect of Belarus (OJ L 16, 21.1.2014)
Council Regulation (EU) No 1102/2014 of 20 October 2014 amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in
Libya
Council Implementing Regulation (EU) No 1103/2014 of 20 October 2014 implementing Article 16(1) of Regulation (EU) No 204/2011 concerning restrictive
measures in view of the situation in Libya
Council Decision 2014/727/CFSP of 20 October 2014 amending Decision
2011/137/CFSP concerning restrictive measures in view of the situation in Libya
Council Implementing Regulation (EU) No 1104/2014 of 20 October 2014 implementing Article 12(1) of Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia
Council Implementing Decision 2014/729/CFSP of 20 October 2014 implementing Decision 2010/231/CFSP concerning restrictive measures against Somalia
Council Implementing Regulation (EU) No 1105/2014 of 20 October 2014 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view
of the situation in Syria
Council Implementing Decision 2014/730/CFSP of 20 October 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
Council Decision 2014/728/CFSP of 20 October 2014 amending Decision
2010/638/CFSP concerning restrictive measures against the Republic of Guinea
Corrigendum to Council Implementing Regulation (EU) No 1105/2014 of 20 October 2014 implementing Regulation (EU) No 36/2012 concerning restrictive
measures in view of the situation in Syria (OJ L 301, 21.10.2014)
Corrigendum to Council Implementing Decision 2014/730/CFSP of 20 October
2014 implementing Decision 2013/255/CFSP concerning restrictive measures
against Syria (OJ L 301, 21.10.2014)
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Individual Countries
France
Notices to importers
The following notices were posted by Directorate General of Customs and Indirect
Taxes (For laws and regulations, decrees, etc. please see listings under Other
EU-EFTA Notices - Import-export related measures, below) :
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Release
Date
Ref. No. and Subject
Customs Official Bulletin No. 7034 Circular on duties and taxes applicable to energy
products from 1 October 2014 (Text 14-031)
2014/37 - Notice to importers of products eligible for the scheme of generalized tariff
02-10-14
preferences (GSP)
09-10-14 2014/38 - Notice to importers of products eligible for preferences RAM
22-09-14
Ireland
Mandatory electronic filing of Customs documentation
On 21 October 2014, the Iris Oifigiúil (Irish Official Gazette), published S.I. No.
474/2014 - Customs (Electronic Filing of Returns) Order 2014 and S.I. No.
475/2014 - Customs (Mandatory Electronic Filing) (Specified Persons) Regulations 2014. The Order is made by the Revenue Commissioners under the provisions of section 917E of the Taxes Consolidation Act 1997, which was inserted
by section 209 of the Finance Act, 1999. The Regulations are made by the Revenue Commissioners under the provisions of section 917EA of the Taxes Consolidation Act 1997, which was inserted by section 164 of the Finance Act 2003. The
Order and Regulations are to be read in conjunction with each other.
The Regulations and the Order underpin Revenue’s programme to establish the
use of electronic channels as the normal way of conducting business by providing
for the mandatory electronic filing of certain returns by certain categories of persons.
With effect from 18 October, 2014 all cargo manifests will be required to be filed
by electronic means.
The Revenue Commissioners may, on application, exclude a person from the obligation to file electronically if they are satisfied that the person does not have the
capacity to do so, and in this context “capacity” is taken to mean sufficient access
to the Internet and in the case of an individual is not prevented by reason of age,
physical or mental infirmity from filing electronically. A person aggrieved at a failure by the Revenue Commissioners to exclude them from the requirements may
appeal that failure to the Appeal Commissioners. An excluded taxpayer may, if
circumstances change, have that exclusion revoked and that decision may also
be appealed to the Appeal Commissioners.
Norway
Ukraine sanctions revised
On 10 October 2014, the Norwegian Government announced that it decided to
tighten its restrictive measures against Russia. This brings Norwegian legislation
in line with the measures introduced by the EU on 12 September. Amendments to
the regulations were adopted by the King in Council today and come into effect
immediately.
The official Norwegian legislation website Lovdata published the regulations as:
FOR 2014-10-10-1278: Regulation amending the Regulation on restrictive
measures concerning actions that undermine or threaten Ukraine’s territorial integrity, sovereignty, independence and stability.
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The Decree amends Regulation № 1076 of 15 august 2014 on restrictive
measures concerning actions that undermine or threaten Ukraine’s territorial integrity, sovereignty, independence and stability.
In Regulation of 15 August 2014 No. 1076 on restrictive measures concerning
actions that undermine or threaten Ukraine’s territorial integrity, sovereignty, independence and stability, certain sections/subsections were revised and new
sections/subsections were added freezing money and assets belonging to, owned
or controlled by natural or legal persons listed in Annex I. The restrictive
measures were also extended to natural or legal persons who carry out transactions with the separatist group in the Donbass region of Ukraine.
Exemption from liability has been given to persons who freeze or withhold assets
believing them to be covered by the Regulation, unless the act resulted from negligence.
The law prohibits providing financial loans or credits that are specifically linked to
the exploitation of oil, gas and mineral resources in the Crimea or Sevastopol,
acquiring or extending a participation, including the complete acquisition or acquisition of shares and securities in the nature of capital interest in enterprises established in the Crimea or Sevastopol concerned with the exploitation of oil, gas and
mineral resources in the Crimea or Sevastopol, or creating joint ventures relating
to the exploitation of oil, gas and mineral resources in the Crimea or Sevastopol.
A new subsection bans the export of multi-purpose (dual-use) products and multipurpose technology to persons listed in Annex VI. However, the prohibitions in
these subsections shall not affect the fulfillment of contracts or agreements concluded before 11 October 2014, nor will they apply to the sale, supply, transfer or
export of multi-purpose products and multi-purpose technology designed for the
aerospace industry or the provision of associated technical and financial assistance to non-military use and for non-military end-users.
A new section prohibits providing services, directly or indirectly, that are necessary for the purpose of oil exploration and production in deep water, Arctic oil exploration and production or shale oil projects in Russia: drilling, well testing, logging and completion and delivery of specialized floating structures.
The prohibition in the above subsection does not apply if those services are required promptly to prevent or mitigate an incident that could have serious and
significant consequences for human health and safety or the environment.
The decree revises the prohibition on directly or indirectly to provide financing or
financial assistance related to the goods and technology listed in the “List I - defense related goods’ in Annex I to the Regulations of 19 June 2013 No. 718 on
the export of defense, multi-purpose products, technologies and services, including in particular grants, loans and export credit insurance or guaranty well as insurance and reinsurance, in connection with the sale, supply, transfer or export of
such products or provision of associated professional assistance to individuals or
legal entities in Russia or for use in Russia,
There is a prohibition from directly or indirectly buying, selling or providing certain
investment services or assistance in the issuance of, or otherwise deal with,
transferable securities and money market instruments with certain maturities as
well as a prohibition on establishing or participating in schemes designed to pro60
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vide new loans or credits with a maturity of over 30 days to legal persons referred
to in the first or second paragraph after October 10, 2014, with certain exceptions.
•
In addition, Annex I has been amended to add 24 persons to the list.
•
A new Annex VI has been added to cover nine legal persons referred to in § 16a .
•
A new Annex VII includes a list of three legal persons referred to in § 19, second
paragraph.
•
A new Annex VIII includes a list of legal persons referred to in § 19 subsection b.
Licensing requirements to apply to all exports of old military equipment
On 12 September 2014, the Ministry of Foreign Affairs announced that it is introducing the principle ‘once military, always military’ into its regulations for the export of defence-related products. This means that products manufactured for military purposes may not be exported without authorisation from the Ministry. The
announcement said that:
Until now, discarded military equipment could, under certain conditions be exempted
from the licensing requirement and exported as civilian products, provided that weapons, mountings and other military features were removed. This will no longer be permitted. The amendments to the regulations enter into force today, and mean that all
defence-related products are subject to stringent licensing and export control requirements, regardless of their condition.
‘The Norwegian regulations for the export of defence-related products are among the
strictest in the world. Introducing the “once military, always military” principle will further reinforce this. It will create a clear framework for disposing of used military equipment and will strengthen our national controls over where and how old military equipment from Norway is used,’ said Minister of Foreign Affairs Børge Brende.
More detailed information about the regulations and about procedures for applying for export licences can be found on the Ministry’s export control webpages.
Switzerland
Update of Swiss - EU agreement on the simplification of customs
formalities and on customs security measures
On 10 October 2014, the Swiss Government announced that the chairperson of
the joint committee signed decree no. 1/2014 on the amendment of Annex I to the
agreement between Switzerland and the EU on the simplification of customs formalities and on customs security measures. The decree was approved by the
Federal Council on 8 October 2014 and entered into force the day after it was
signed. The announcement said:
The agreement of 25 June 2009 between Switzerland and the EU on the simplification
of inspections and formalities in respect of the carriage of goods and on customs security measures contains annexes on what are known as entry and exit summary declarations and on authorised economic operators. The agreement aims to ensure an
equivalent level of security between Switzerland and the EU in the area of customs.
Annex I to the agreement provides that the customs administration of the country of
export shall transmit the security-related information to the customs administration of
the country of exit (through which the country of export carries its goods out of the joint
security area) if the goods leave from the customs territory of the other Contracting
Party. If this information is not transmitted, it must be submitted at the latest upon leaving the country of exit, except if the goods are carried via direct air traffic.
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Decree no. 1/2014 provides for an additional exception for the transmission of data relating to goods that are carried by an airline if the first part of the transport was undertaken by road (known as air freight replacement transport).
United Kingdom
BIS/ECO issues report on strategic export controls licences
On 24 October 2014, the Department for Business, Innovation and Skills (BIS)
and its Export Control Organisation (ECO) released Strategic Export Controls:
Country Pivot Report: 1 January 2014 - 31 March 2014 (BIS/14/1170). The 360
page report covers export licensing decisions made by Her Majesty's Government
between 1st January 2014 and 31st March 2014. All the information relating to a
destination is shown together, and the reader will find all (if any) information on
SIELs, OIELs, SITLs, SITCLs and OITCLs all in one place. This enhances the
readability of the report.
The information within the report covers those licences Issued, Refused or Revoked within the period for the following categories:
•
Standard Individual Export Licences (SIELs) (including information on incorporation and Standard Individual Transhipment Licences)

Open Individual Export Licences (OIELs)

Open Individual Trade Control Licences (OITCLs)

Standard Individual Trade Control Licences (SITCLs)
•
Council Regulation 1236/2005 (concerning trade in certain equipment and products which could be used for capital punishment, torture or other cruel, inhuman
or degrading treatment or punishment).
There have been some major changes made to the content and layout of the report, and these take into account the commitment the Government made to the
Committee on Arms Export Controls. The changes that have been implemented
in this report are as follows:
•
A breakdown of the overall value of SIELs issued, into military and non-military totals
•
A split in the list of items between military and non-military items
•
The inclusion of the control entry list with a breakdown as to how many items
were licensed under that
•
category and the value
•
The addition of the ultimate destination for items that are being incorporated
•
The addition of the case summary for SIELs that have been refused
Russian sanctions extended to certain overseas territories
On 15 October 2014, the official Legislation.gov.uk website posted SI 2014/2710 The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) Order
2014, which gives effect in specified Overseas Territories (Anguilla, British Antarctic Territory, British Indian Ocean Territory, Cayman Islands, Falkland Islands,
Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena, Ascension
and Tristan da Cunha, South Georgia and the South Sandwich Islands, The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, Turks and
Caicos Islands, Virgin Islands) to sanctions imposed on Crimea, Sevastopol and
Russia by EU Council Decision 2014/386/CFSP of 23 June 2014 (as amended by
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International Trade Compliance November 2014
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EU Council Decision 2014/507/CFSP of 30 July 2014) and EU Council Decision
2014/512/CFSP of 31 July 2014 (as amended by EU Council Decision
2014/659/CFSP of 8 September 2014).
The sanctions imposed include—
•
a ban on the import of goods originating in Crimea or Sevastopol; .
•
a ban on financing such imports; .
•
a prohibition on certain investment activities in Crimea and Sevastopol and Russia; .
•
a ban on the supply to Crimea and Sevastopol of equipment and technology related to infrastructure development; .
•
the imposition of an arms embargo on Russia; .
•
a ban on the supply of dual-use equipment and technology to Russia; .
•
a ban on the supply of assistance related to military and dual-use goods .
•
a ban on the transfer of oil exploration technologies to Russia; and .
•
a ban on the provision of services for oil exploration to Russia. .
The Order makes provision for the Governor to license certain activities in line
with exemptions under the sanctions regime.
Sudan and South Sudan sanctions extended to certain overseas
territories
On 15 October 2014, the official Legislation.gov.uk website posted SI 2014/2707 The Sudan (Sanctions) (Overseas Territories) Order 2014, which gives effect in
specified Overseas Territories to sanctions imposed on Sudan by United Nations
Security Council resolutions 1556 (2004) of 30th July 2004, 1591 (2005) of 29th
March 2005 and 1945 (2010) of 14th October 2010. This Order also reflects the
implementation of these sanctions by the European Union in Council Decision
2014/450/CFSP adopted on 10th July 2014.
Council Decision 2014/450/CFSP repeals Council Decision 2011/423/CFSP
which previously extended some restrictive measures in place against Sudan to
South Sudan, which became a separate State on 9th July 2011. For the sake of
clarity, the restrictive measures implemented by the European Union concerning
Sudan have now been separated from measures concerning South Sudan. This
Order revokes and replaces the Sudan and South Sudan (Restrictive Measures)
(Overseas Territories) Order 2012, Sudan (United Nations Measures) (Overseas
Territories) Order 2005 and Sudan (Restrictive Measures) (Overseas Territories)
(Amendment) Order 2004.
The sanctions imposed include an arms embargo and a prohibition on the provision of related assistance to Sudan and an asset freeze and travel ban against
persons designated by the United Nations Security Council as those who impede
the peace process, constitute a threat to stability in Darfur and the region, commit
violations of international humanitarian law or human rights law or other atrocities,
or violate the arms embargo.
On the same date, the official Legislation.gov.uk website posted SI 2014/2703 The South Sudan (Sanctions) (Overseas Territories) Order 2014, gives effect in
specified Overseas Territories to sanctions against South Sudan adopted by the
European Union in Council Decision 2014/449/CFSP adopted on 10th July 2014.
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For the sake of clarity, measures implemented by the European Union concerning
South Sudan have been separated from measures concerning Sudan. The sanctions imposed include an arms embargo and a prohibition on the provision of related assistance to South Sudan and an asset freeze and travel ban against persons designated by the Council of the European Union as obstructing the political
process in South Sudan, including by acts of violence or violations of ceasefire
agreements, as well as persons responsible for serious violations of human rights
in South Sudan and persons associated with them.
Both Orders make provision for the Governor to license certain activities in line
with exemptions under the sanctions regime.
UK revokes various sanctions orders
On 15 October 2014, the official Legislation.gov.uk website posted SI 2014/2711 The United Nations Sanctions (Revocations) Order 2014, which revoked the following sanctions orders:
•
The Serbia and Montenegro (United Nations Sanctions) Order 1992
•
The Serbia and Montenegro (United Nations Prohibition of Flights) Order 1992
•
The Serbia and Montenegro (United Nations Sanctions) Order 1993
•
The United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993
•
The Haiti (United Nations Sanctions) Order 1994
•
The United Nations Arms Embargoes (Amendment) (Rwanda) Order 1994
•
The Former Yugoslavia (United Nations Sanctions) Order 1994
•
The United Nations Arms Embargoes (Former Yugoslavia) (Amendment) Order
1996
•
The United Nations Arms Embargoes (Dependent Territories) (Amendment) Order 1997
•
The United Nations Arms Embargoes (Rwanda) (Amendment) Order 1997
•
The Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998
•
The United Nations Arms Embargoes (Amendment) (Sierra Leone) Order 1998
•
The United Nations Arms Embargoes (Dependent Territories) (Amendment) (Sierra Leone) Order 1998
•
The Federal Republic of Yugoslavia (United Nations Sanctions) (Amendment) Order 1999
•
The United Nations (Sanctions) (Amendment) Order 2000
•
The Eritrea and Ethiopia (United Nations Sanctions) Order 2000
•
The Eritrea and Ethiopia (United Nations Sanctions) (Amendment) Order 2000
•
The Al-Qa’ida and Taliban (United Nations Measures) Order 2002
•
The United Nations Arms Embargoes (Rwanda) (Amendment) Order 2008
BIS Secretary of State provides TTIP information to all MPs
The Department for Business, Innovation & Skills (BIS) announced that on 22
September 2014, Vince Cable, Secretary of State for BIS wrote to all MPs to provide information about the Transatlantic Trade and Investment Partnership (TTIP)
and address civil society concerns.
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The letter pointed out that while the UK and the U.S. already have a close trade
and investment relationship, too many UK companies still struggle to export their
goods and services to the United States. This can be for a number of reasons
including:
•
high tariffs which make their goods less competitive,
•
rules on public procurement which prevent them competing for business,
•
unnecessary differences in regulations and requirements that deliver the same
safe outcomes but add to their costs and hence prices, or
•
excessive checks and delays at the border
The letter stated that the TTIP will look to remove as many unnecessary barriers
as possible in much the same way as the EU Single Market has facilitated trade
in goods and services in Europe. The letter also explained that both the EU and
U.S. have committed to maintaining standards at the highest levels, and the EU
will retain the right to set regulatory standards that are higher than internationally
agreed minima, for example in food. Neither negotiating side is looking to lower
standards through the TTIP process.
The letter addressed the TTIP’s effect on the National Health Service, investment
protection, transparency, Member State review and it provided numerous links to
position papers and related documents.
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) [Note: The ‘publication’ date is not necessarily the date
appearing on the document]:
Date
04-08-14
28-07-14
30-07-14
31-07-14
20-08-14
10-09-14
15-09-14
30-09-14
25-09-14
24-09-14
02-10-14
07-10-14
08-10-14
09-10-14
10-10-14
21-10-14
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International Trade Compliance November 2014
Ref. No. and Subject
CIP 52 (2014): withdrawal of guide to importing and exporting - breaking down
the barriers
CIP 53 (2014): Low Value Bulking Imports - CHIEF Changes
CIP 54 (2014): Box 33 EC Supplementary Codes
CIP 55 (2014): draft legislation on customs civil penalties
CIP 56 (2014): entitlement to relief
CIP 57 (2014): export of cash in freight
CIP 58 (2014): Cargo Community System-UK Web Based Fallback for imports
and exports moving by air
CIP 59 (2014): volumes 1 and 3 of the integrated tariff of the United Kingdom
CIP 60 (2014): fruit and vegetables - changes to the entry price system
CIP 61 (2014): Tariff Preference - implementation of an association between the
European Union (EU) and Georgia
CIP 62 (2014): temporary storage and approved depositories
CIP 63 (2014): amendment to the VAT (imported goods) relief order 1984
CIP 64 (2014): Commercial Samples Relief
CIP 65 (2014): Review of Simplified Import VAT Accounting authorisation criteria
CIP 66 (2014): Tariff Preference - the preferential status of certain ACP countries
affected by the amendment of the MAR by EU Regulation 527/2013 after 1 October 2014
CIP 67 (2014): EU sanctions on exports to Russia
CIP 68 (2014): EU sanctions on exports to Crimea and Sevastopol
CIP 69 (2014): withdrawal of Guide to Importing and Exporting: Breaking down
the Barriers
CIP 70 (2014): full launch dates for the Automatic Licence Verification System
Baker & McKenzie
Ref. No. and Subject
Date
24-10-14
extension project
BIS/14/1170 - Strategic Export Controls: Country Pivot Report: 1 January 2014 31 March 2014
ECO Notices to Exporters
The following Notices to Exporters were issued by the Export Control Organisation (ECO):
Date
03-10-14
16-10-14
Notice No. and Subject
Notice to Exporters 2014/27: EU sanctions against Russia - updated information
available online
Notice to Exporters 2014/28: SPIRE sessions will time out after 30 minutes
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.
Date*
03-10-14
15-10-14
17-10-14
19-10-14
03-10-14
06-10-14
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International Trade Compliance November 2014
Measure
France
Decree of 15 September 2014 suspending the placing on the market of toys “carpet-puzzle” foam containing formamide
Ecology: Decree No. 2014-1175 of 13 October 2014 concerning approval
procedures, making available on the market and reporting of biocides and biocidal active substances
Ecology: Decree of 8 October 2014 amending the Decree of 13 July 2006 made
under Article 2 of Decree No 2005-829 of 20 July 2005 concerning the composition of electrical and electronic equipment and resulting waste disposal
Ecology: Decree of 8 October 2014 on the conditions for implementation of the
obligations taken by the distributors of electrical and electronic equipment, as
provided for in Article R. 543-180 of the Environmental Code
Ecology: Decree of 8 October 2014 amending the order of January 7, 2011 approving an individual system designed to remove and treat waste portable batteries and accumulators in accordance with Article R. 543-128-3 of Environmental
Code
Ecology : Decree No. 2014-1197 of 17 October 2014 amending the list of protected natural areas to which the collection of tax on maritime passenger under
Article 285 quater of the Customs Code
Iceland
№ 866/2014 Regulation on (3) amending Regulation no. 448/2012 of protection
against animal diseases and contaminated products reaching the country.
№ 871/2014 Regulation on (2) amending Regulation № 835/2010 the entry into
force of Regulation (EC) № 669/2009 Commission Regulation (EC) № 882/2004
as regards the increased level of official controls on imports of certain feed and
food of non-animal origin.
№ 872/2014 Regulation on (7) amending Regulation №105/2010 the entry into
force of Regulation (EC) № 854/2004 down specific rules for the organization of
official controls on products of animal origin intended for human consumption.
№ 873/2014 Regulation on (11) amending Regulation №104/2010 the entry into
force of Regulation (EC) № 853/2004 specific rules on the hygiene of food of an-
Baker & McKenzie
Date*
07-10-14
08-10-14
10-10-14
15-10-14
20-10-14
21-10-14
22-10-14
24-10-14
14-10-14
21-10-14
16-10-14
09-10-14
14-10-14
27-10-14
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International Trade Compliance November 2014
Measure
imal origin.
№ 874/2014 Regulation on (3) amending Regulation no. 136/2010 the entry into
force of Regulation (EC) № 2075/2005 down specific rules on official controls for
Trichinella in meat, as well as any amendments thereto
№ 875/2014 Regulation on (4) amending Regulation № 135/2010 the entry into
force of Regulation (EC) № 2073/2005 on microbiological criteria for foodstuffs,
as well as any amendments thereto.
№ 876/2014 Regulation on (2) amending Regulation № 402/2013 permission or
refusal to authorize a health claim (effective regulation (EC) № 378/2012,
379/2012 and 432/2012)
№ 877/2014 Regulation refusing to authorize certain health claims made on
foods and referring to the reduction of disease risk or developmental or health of
children
№ 880/2014 Regulation amending (1) of Regulation № 768/2010 the entry into
force of the European regulations for Pharmaceutical (IX).
№ 886/2014 Regulation of entry into force of Commission Regulation (EU) no.
28/2012 on requirements for the issuance of certificates for imports of certain
composite products to the Union and their transit through it.
№ 887/2014 Regulation on (6) amending Regulation no. 1186/2013 the allocation of tariff quotas for imports of agricultural products according to Annexes IVA
and IVB to Customs.
№ 888/2014 Regulation amending Regulation no. 420/2011 the entry into force
of Regulation (EC) no. 640/2009 (Eco design of electric motors)
№ 896/2014 Regulation amending (2) of Regulation no. 768/2010 the entry into
force of the European regulations for Pharmaceutical (IX).
№ 907/2014 Regulation of entry into force of Commission Regulation (EU) №
206/2010 of lists of third countries, territories or parts thereof from which allowed
the import of certain animals and fresh meat to the European Union, and requirements for health certificates for animals and animal products.
№ 918/2014 Regulation amending Regulation no. 822/2004 the structure and
equipment of vehicles
№ 920/2014 Regulation on (3) amending Regulation no. 577/2013 of cosmetics
№ 923/2014 Regulation on (4) amending Regulation no. 141/2011 for marketing
of proprietary medicinal products, their labeling and package leaflet.
№ 928/2014 Regulation on (1) amending Regulation no. 630/2014 restriction of
use of certain hazardous substances in electrical and electronic equipment.
Ireland (Eire)
S.I. No. 453/2014 - European Communities (Hygiene of Foodstuffs) (Amendment)
Regulations 2014
S.I. No. 454/2014 - European Communities (Official Controls on the Import of
Food of Non-Animal Origin) (Amendment) (No.4) Regulations 2014
S.I. No. 474/2014 - Customs (Electronic Filing of Returns) Order 2014.
S.I. No. 475/2014 - Customs (Mandatory Electronic Filing) (Specified Persons)
Regulations 2014
Liechtenstein
№ 264 Decree of 14 October 2014 concerning the amendment of the Regulation
on packaging and packaging waste
Luxembourg
Mem. A № 189 Grand Ducal Regulation of 30 September 2014 amending the
Grand-Ducal regulation of 11 January 2008 on animal health requirements applicable to animals and aquaculture and for the prevention of certain diseases in
aquatic animals products and measures fight against these diseases
Mem A № 192 Grand Ducal Regulation of 3 October 2014 amending the Annexes to the amended law of 3 August 2005 on the classification, packaging and
labeling of dangerous preparations
- Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States on the one hand, and the
Republic of Indonesia, on the other part, signed in Jakarta November 9, 2009 Entry into force; list of states bound
Mem. A № 199 Grand Ducal Regulation of 14 Oct. 2014 amending the Grand
Baker & McKenzie
Date*
03-10-14
03-10-14
07-10-14
10-10-14
14-10-14
17-10-14
24-10-14
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International Trade Compliance November 2014
Measure
ducal Regulation of 9 Jan. 2006 Setting forth protective measures against the
introduction and spread of pests
Malta
№ 357 of 2014 - Import Duties Act (Cap. 337) - Commencement Notice
Government Gazette of Malta No. 19,320 – 03.10.2014
№ 359 of 2014 - Marketing and use of Explosives Precursors (Implementation)
Regulations, 2014 Government Gazette of Malta No. 19,320 – 03.10.2014
Norway
FOR 2014-09-19-1235 Industry and Fisheries, the Ministry of Agriculture and
Food Regulations amending the fôrvareforskriften
FOR 2014-09-24-1240 Health and Care Services Regulation amending the Regulation on food supplements
FOR 2014-09-26-1248 Health and Care Services Regulation amending the Regulation on maximum drug residues in foods from animals
FOR 2014-09-26-1249 Health and Care Services Regulation amending the Regulation on the aroma and food ingredients with flavoring rewarding properties for
use in and on foods (aroma Regulations)
R 2014-09-26-1250 Agriculture and Food Regulation amending the Regulation on
the import from third countries of certain live animals, bees, bumblebees and
fresh meat of certain animals
FOR 2014-10-01-1253 Finance Regulations amending the Regulations to the law
on customs and importation of goods (Customs Regulations)
FOR 2014-09-26-1264 Industry and Fisheries Ministry Regulations amending the
list of third countries and health certificates for the importation of fish
FOR 2014-09-26-1266 Industry and Fisheries Ministry of Agriculture and Food,
Ministry of Health Regulation amending the Regulation on the residues of pesticides in food and feed
FOR 2014-09-29-1267 Health and Care Services Regulation amending the regulation on dietary supplements and regulations on the addition of vitamins, minerals and certain other substances to foods
FOR 2014-09-29-1268 Health and Care Services Regulation amending the Regulation on cosmetics and body care products
FOR 2014-10-10-1279: MPE Regulations amending the Regulations of 25 June
2010 no. 940 on the implementation of Norwegian right of Annex IV. 30 to the
EEA Agreement (implementation of Regulation (EU) No. 174/2013 of 5th February 2013 amending Regulation (EC) no. 106/2008 on a Community energy efficiency labeling program for office equipment)
FOR 2014-09-26-1280 Industry and Fisheries, the Ministry of Agriculture and
Food Regulation amending the Regulation on additives for use in animal nutrition
FOR 2014-09-29-1281 Agriculture and Food Regulation amending the Regulation
on the import from third countries of certain live animals, bees, bumblebees and
fresh meat of certain animals
FOR 2014-10-02-1282 Agriculture and Food Regulation amending the Regulation
on the general animal health conditions for the production, processing, sale and
importation from third countries of food of animal origin for human consumption
FOR 2014-09-17-1294 Industry and Fisheries Ministry of Agriculture and Food,
Ministry of Health Regulation amending the Regulation on official controls of
compliance with legislation on animal nutrition, food and health and welfare of
animals etc.
FOR 2014-09-29-1296 Industry and Fisheries Ministry of Agriculture and Food,
Ministry of Health Regulation amending the Regulation on official controls of
compliance with legislation on animal nutrition, food and health and welfare of
animals (control regulations)
FOR 2014-09-26-1312 Health and Care Services Regulation amending the Regulation on nutrition and health claims made on foods
FOR 2014-10-17-1315 Health and Care Services Regulations amending the
Regulations on drugs
FOR 2014-10-22-1318 Finance Regulations amending the Regulations to the law
on customs and importation of goods (Customs Regulations)
Baker & McKenzie
Date*
01-10-14
03-10-14
07-10-14
14-10-14
17-10-14
20-10-14
22-10-14
24-10-14
13-10-14
17-10-14
20-10-14
23-10-14
07-10-14
69
International Trade Compliance November 2014
Measure
Poland
№ 1313 Regulation of the Minister of Health of 19 September 2014. Regarding
making changes in the authorization and documentation concerning the placing
on the market of the veterinary medicinal product
№ 1322 The Act of 29 August 2014. Amending the Law on batteries and accumulators and other acts
№ 1348 The Minister of Environment dated 6 October 2014. Concerning the protection of animal species
№ 1350 Regulation of the Minister of Finance dated 29 September 2014. Amending Regulation on the labeling of products with excise marks
№ 1393 Regulation of the Minister of Agriculture and Rural Development dated
October 6, 2014. Amending Regulation on the prevention of introduction and
spread of quarantine pests
№ 1394 Regulation of the Minister of Agriculture and Rural Development dated
October 13, 2014. Amending Regulation on the measures taken in connection
with the occurrence in feral African swine fever
№ 1411 Proclamation of the Marshal of the Polish Sejm on 4 September 2014.
Concerning the uniform text of the Law on the Central Anti-Corruption Bureau
№ 1419 Statement of the Minister of Finance dated 17 September 2014. On the
uniform text of the Regulation of the Minister of Finance on the service time distribution of customs officers
№ 1434 Statement of the Minister of Health of 11 September 2014. The uniform
text of the Regulation of the Minister of Health on the detailed conditions and procedures for issuing licenses and documents necessary for imports, exports, intraCommunity acquisition or intra-Community supply of narcotic drugs, psychotropic
substances or precursors of category 1
№ 1445 Regulation of the Minister of Finance dated October 9, 2014. Amending
Regulation on exemptions from excise duty determination excise labels
Spain
Hacienda: Resolution of October 2, 2014, the Department of Customs and Excise
of the State Tax Administration Agency, amending certain powers in the headline
of the General Department of Customs Administration are delegated. (BOE-A2014-10384)
Foreign Affairs: Multilateral Agreement M-276 pursuant to section 1.5.1 of the
European Agreement concerning the International Carriage of Dangerous Goods
by Road (ADR) on the construction of FL and OX vehicles using liquefied natural
gas (LNG) as fuel propulsion in Madrid on July 7, 2014. (BOE-A-2014-10519)
Foreign Affairs: Global Framework Agreement on Partnership and Cooperation
between the European Community and its Member States, of the one part, and
the Republic of Indonesia, on the other, made in Jakarta on November 9, 2009.
(BOE-A-2014-10603)
Economy and Competition: Order ECC / 1936/2014, of 16 October, by which control and inspection rules on import of organic products from third countries are
given. (BOE-A-2014-10744)
Hacienda: Resolution of 14 October 2014, the General Directorate of the State
Agency of Tax Administration, by amending that of 18 July 2008 laying down the
model of professional identity card for Customs Surveillance officials . (BOE-A2014-10764)
Switzerland
Order of DFF on goods subject to customs relief based on their use (Ordinance
on customs concessions, OADou) (RS 631.012)
Order of DFF on the rates of contribution to the export of agricultural commodities
(RS 632.111.723.1)
OFAG Ordinance Fixing periods and deadlines as well as the authorization parts
tariff quota of fresh vegetables, fresh fruit and fresh cut flowers (Ordinance authorizing imports on the OIELFP) (RS 916.121.100)
OFAG Ordinance on phytosanitary measures of a temporary nature (OMPT) (RS
916.202.1)
DFI Ordinance on controlling the import and transit of animals and animal products (OITE Ordinance controls) (RS 916.443.106)
Baker & McKenzie
Date*
14-10-14
21-10-14
07-10-14
10-10-14
15-10-14
17-10-14
21-10-14
Measure
Ordinance of the Swiss Agency for Therapeutic Products concerning the prescription of medicines and the recognition of other pharmacopoeia (RS 812.214.11)
Ordinance on the import of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01)
DFI Ordinance on controlling the import and transit of animals and animal products (OITE Ordinance controls) (RS 916.443.106)
Customs Convention of 26 June 1990 on the temporary admission (RS 0.631.24)
Customs Convention of 26 June 1990 on the temporary admission (RS 0.631.24)
DFI Ordinance on foreign substances and components in foodstuffs (Ordinance
on foreign substances and components, OSEC) (RS 817.021.23)
United Kingdom
SR 2014/253 - The Waste Management Licensing (Amendment No. 2) Regulations (Northern Ireland) 2014
SI 2014/2715 - The Mobile Roaming (European Communities) (Amendment)
Regulations 2014
SI 2014/2753 - The Scotland Act 1998 (Modification of Functions) Order 2014
[Relates to EU Common Agricultural Policy]
SI 2014/2748 - The Official Feed and Food Controls (England) and the Food
Safety and Hygiene (England) (Amendment) Regulations 2014
SI 2014/2714 - The Official Feed and Food Controls (Wales) (Amendment) Regulations 2014 / Rheoliadau Rheolaethau Swyddogol ar Fwyd Anifeiliaid a Bwyd
(Cymru) (Diwygio) 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*
17-10-14
02-10-14
16-10-14
24-10-14
10-10-14
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International Trade Compliance November 2014
Restrictive Measure
Ireland (Eire)
S.I. No. 461/2014 - Financial Transfers (Restrictive Measures Concerning
Ukraine) (Prohibition) (No. 2) Order 2014.
S.I. No. 462/2014 - European Union (Restrictive Measures Concerning Ukraine)
(No. 2) Regulations 2014.
Liechtenstein
№ 252 Decree of 30 September 2014 concerning the amendment of the Regulation on Measures against persons and organizations with links to the Taliban
№ 253 Decree of 30 September 2014 concerning the amendment of the Regulation on measures against Somalia
№ 254 Decree of 30 September 2014 concerning the amendment of the Regulation on Measures against persons and organizations with ties to “Al-Qaeda”
№ 257 Decree of 14 October 2014 concerning the amendment of the Regulation
on measures against the Democratic People's Republic of Korea
№ 258 Decree of 14 October 2014 concerning the amendment of the Regulation
on Sanctions against Libya
№ 259 Decree of 14 October 2014 concerning the amendment of the Regulation
on Sanctions against Syria
№ 268 Decree of 21 October 2014 concerning the amendment of the Regulation
on measures against the Islamic Republic of Iran
Norway
FOR 2014-10-10-1278 Foreign Affairs Regulation amending the Regulation on
restrictive measures concerning actions that undermine or threaten Ukraine’s
territorial integrity, sovereignty, independence and stability
Baker & McKenzie
Date*
04-10-14
07-10-14
16-10-14
21-10-14
15-10-14
Restrictive Measure
Switzerland
Ordinance of 13 May 2009 instituting measures against Somalia (SECO) (RS
946.231.169.4) Modification of 04 Oct. 2014 delisting an individual
Regulation of 2 Oct. 2009 on measures against persons and organizations with
links to Osama bin Laden, “Al-Qaida,” or the Taliban (SECO) (RS 946.203) New
listings
Amendments to the Ordinance of 19 January 2011 on measures against the Islamic Republic of Iran (RS 946.231.143.6)
Order prohibiting the ”Islamic State” group and related organizations (RS 122.2)
Ordinance on Measures against persons and entities associated with Usama bin
Laden, the “Al Qaeda” or the Taliban (RS 946.203)
Ordinance on Measures against Somalia (RS 946.231.169.4)
United Kingdom
SI 2014/2711 - The United Nations Sanctions (Revocations) Order 2014
SI 2014/2710 - The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) Order 2014
SI 2014/2707 - The Sudan (Sanctions) (Overseas Territories) Order 2014
SI 2014/2703 - The South Sudan (Sanctions) (Overseas Territories) Order 2014
SI 2014/2705 - The European Communities (Designation) (No. 3) Order 2014
Non EU-EFTA European Countries
Ukraine
Legislation (laws, resolutions, orders, etc.)
The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presidential Decrees (Указ Президента), Decrees of the Cabinet of Ministers
(Розпорядження Кабінету Міністрів України), Regulations (Положення),
Agency Orders (Наказ) and other pieces of legislation were posted on the Parliamentary (Верховної Ради) website during the period of coverage of this Update:
Date
16-10-14
Subject
About the National Council on Anti-Corruption Policy
Decree of the President of Ukraine № 808/2014 of 14 Oct. 2014
Eurasian Economic Commission (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
13-10-14
14-10-14
71
International Trade Compliance November 2014
Title
Council of the Eurasian Economic Commission
Decision № 79 (1 Oct. 2014) On the plan of the technical regulations of the
Customs Union and the changes to the technical regulations of the Customs
Union
Decision № 80 (1 Oct. 2014) About the decision of the Supreme Eurasian Economic Council "On the Regulation of the budget of the Eurasian Economic Union"
Decision № 81 (9 Oct. 2014) About the decision of the Supreme Eurasian Eco-
Baker & McKenzie
Publication
Date
16-10-14
01-10-14
72
International Trade Compliance November 2014
Title
nomic Council "On Approval of the symbolism of the Eurasian Economic Union"
Decision № 82 (9 Oct. 2014) On Amending the Single Commodity Nomenclature for Foreign Economic Activity of the Customs Union and the Common Customs Tariff of the Customs Union in respect of certain types of components for
civil aircraft
Decision № 83 (9 Oct. 2014) About the decision of the Supreme Eurasian Economic Council "On the development of a system of marking of certain products
of light industry in the territories of the States - members of the Customs Union
and the Common Economic Space"
Decision № 84 (9 Oct. 2014) About the decision of the Supreme Eurasian Economic Council "Action plan (" roadmap ") on the accession of the Kyrgyz Republic to the Common Economic Space of Belarus, Kazakhstan and the Russian Federation with regard to the formation of the Eurasian Economic Union"
Decision № 85 (9 Oct. 2014) About the decision of the Supreme Eurasian Economic Council, "About the size (scale) assessments of States - members of the
Eurasian Economic Union to the budget of the Eurasian Economic Union"
Decision № 86 (9 Oct. 2014) About the decision of the Supreme Eurasian Economic Council "On Approval of the parameters representation of officials from
among the nationals - members of the Eurasian Economic Union in the departments of the Eurasian Economic Commission"
Decision № 87 (9 Oct. 2014) On the formation and maintenance of the register
of legal entities engaged in the production of motor vehicles, as defined by the
concept of "industrial assembly of motor vehicles", established in accordance
with the decision of the Supreme Eurasian Economic Council, and models of
motor vehicles
Decision № 88 (9 Oct. 2014) On Amendments to the Decision of the Council of
the Eurasian Economic Commission August 24, 2012 № 69
Decision № 89 (9 Oct. 2014) About the decision of the Supreme Eurasian Economic Council "On the selection of candidates for vacant positions in the Secretariat of the Court of the Eurasian Economic Union"
Decision № 90 (9 Oct. 2014) About the Ethics Commission of the Council of the
Eurasian Economic Commission
Decision № 91 (9 Oct. 2014) About the decision of the Supreme Eurasian Economic Council "On Amendments to the list of sensitive products for which the
decision to change the import duty is taken by the Council of the Eurasian Economic Commission" and to amend the Common Customs Tariff of the Customs
Union
Decision № 92 (9 Oct. 2014) About the Agreement on Common Principles and
Rules for the Treatment of medicines in the framework of the Eurasian Economic Union
Decision № 93 (9 Oct. 2014) On Amendments to the Regulation on the implementation of quarantine phytosanitary control (supervision) in the customs territory of the Customs Union
Decision № 94 (9 Oct. 2014) On the Regulation of a single procedure for joint
inspections of facilities and sampling of goods (products), subject to veterinary
control (supervision)
Decision № 95 (9 Oct. 2014) On Amendments to the Regulation on the Common exercise of veterinary inspection at the customs border of the Customs
Union and in the customs territory of the Customs Union
Decision № 97 (9 Oct. 2014) On Amending the Single Commodity Nomenclature for Foreign Economic Activity of the Customs Union and the Common Customs Tariff of the Customs Union in respect of certain types of polyethylene
Board of the Eurasian Economic Commission
Decision № 178 (30 Sept. 2014) On Am Decision № (9 Oct. 2014)ending the
Uniform forms of veterinary certificates
Decision № 179 (30 Sept. 2014) On the organization of cooperation with the
Eurasian Economic Commission, the United Nations Industrial Development
Organization
Decision № 180 (30 Sept. 2014) On the order of the registry and application
structures of electronic documents and data used in the implementation of in-
Baker & McKenzie
Publication
Date
07-10-14
14-10-14
Title
formation exchange in an integrated information system of foreign and mutual
trade of the Customs Union
Decision № 181 (30 Sept. 2014) About the decision of the Board of the Eurasian Economic Commission “On the draft decision of the Supreme Eurasian
Economic Council” On the Regulation of the budget of the Eurasian Economic
Union “
Decision № 182 (30 Sept. 2014) About the decision of the Board of the Eurasian Economic Commission “On the draft decision of the Supreme Eurasian
Economic Council” On Approval of the parameters representation of officers
from among the nationals - members of the Eurasian Economic Union in the
departments of the Eurasian Economic Commission “
Decision № 183 (30 Sept. 2014) About the decision of the Board of the Eurasian Economic Commission “Questions positions in the Eurasian Economic
Commission”
Decision № 184 (30 Sept. 2014) About the decision of the Board of the Eurasian Economic Commission “On the Ethics Commission of the Council of the
Eurasian Economic Commission”
Decision № 185 (30 Sept. 2014) About the decision of the Board of the Eurasian Economic Commission “On the Regulations of the appraisal of the Eurasian Economic Commission”
Decision № 186 (7 Oct 2014) About the decision of the Board of the Eurasian
Economic Commission "On the delegation for negotiations with China on the
conclusion of agreements on the exchange of information about goods and
vehicles of international transport conveyed across the customs border of the
Customs Union and the People's Republic of China, and directives for the negotiation"
Decision №188 (14 Oct. 2014) On the Establishment of import duties of the
Common Customs Tariff of the Customs Union on the separators for oil purification and oil separators for cleaning gas separators for cleaning as petroleum
gas, and oil
Decision №189 (14 Oct. 2014) On Amendments to the list of goods in respect
of which in 2014 established tariff quotas, as well as the volumes of tariff quotas for the importation of these goods on the territory of states - members of the
Customs Union and the Common Economic Space
Preliminary classification decisions issued by the Customs Authorities of the States
The Commission of the Customs Union has posted a table which provides a collection of over 22,000 preliminary decisions of the Customs authorities of Russia,
Belarus and Kazakhstan which involve the tariff classification of goods as of October 2014. The tables list the tariff codes, a description, rationale (GRIs) for the
decision and country that issued the decision.
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 6 October 2014. It
may be searched by tariff code or description (in Russian).
73
International Trade Compliance November 2014
Baker & McKenzie
Russian Federation
Changes Proposed to Anti-Corruption Legislation
Andrew Okhotin of Baker & McKenzie’s Compliance & Investigations Practice
Group in Washington D.C. reports that, according to a recent article in the
business daily Kommersant, the Russian government may soon amend anticorruption legislation to bar companies guilty of bribery from participating in
government tenders.
Russia currently does not have a debarment procedure in place. The proposed
amendment would create a federal registry to list companies ineligible to sell
products through state tenders. According to the report, the bill would
contemplate such companies limited access to government tenders for
companies that cooperate with investigations.
The report did not indicate the duration of potential debarment nor whether
Russia would recognize judgments from other jurisdictions where companies
have been found guilty of corruption in connection with bribery in Russia.
Ilya Kostunov, an MP from the United Russia party, has proposed amending anticorruption legislation to implement greater protections for whistleblowers in
government agencies.
Under current law, whistleblowers who have been wrongly terminated can be
reinstated by a court order, but their managers are not sanctioned for the wrongful
termination. According to the proposed amendment, wrongful termination or
disciplinary action against whistleblowers who reported corruption in government
agencies will lead to termination of relevant managers, regardless of rank.
The report did not provide much detail on the proposed amendment, nor indicate
whether these protections will be extended to whistleblowers in the private sector.
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
03-10-14
08-10-14
74
International Trade Compliance November 2014
Subject
Federal List of Extremist Materials
Federal Law of the Russian Federation dated October 3, 2014 N 279-FZ “On
the ratification of the Treaty on the Eurasian Economic Union”
Federal List of Extremist Materials
Order of the Federal Agency for the Development of the State Border of the
Russian Federation dated September 3, 2014 N 181-OD Moscow “On the reconstruction of sea freight and passenger standing multilateral checkpoints
across the state border of the Russian Federation in the sea port of Astrakhan
(Astrakhan region)”
Order of the Federal Customs Service (FCS of Russia) on August 25, 2014 N
1631 Moscow “On the customs authorities to carry out customs operations relating to the registration of the customs declaration in respect of goods imported (exported) to (c) area (s) Special Economic Zones established in the Rus-
Baker & McKenzie
R.G. Date
of Publication
10-10-14
15-10-14
17-10-14
22-10-14
24-10-14
75
International Trade Compliance November 2014
Subject
sian Federation, including by placing the goods under the customs procedure
of free customs zone and at the end of her actions “
Order of the Federal Customs Service (FCS of Russia) on August 13, 2014 N
1533 Moscow “On Approval of the List of state employees of customs bodies of
the Russian Federation, the representative (representatives) of the Customs
Service of the Russian Federation in foreign states, which provides for the replacement of the implementation of the processing of personal data or the
implementation of access to personal data “
Order of the Federal Customs Service (FCS of Russia) on September 5, 2014
N 1734 Moscow “On Amendments to the Order of the Federal Customs Service
of Russia on May 14, 2014 N 881”
Order of the Federal Agency for the Development of the State Border of the
Russian Federation dated September 2, 2014 N 177-OD "On the reconstruction of sea freight and passenger standing multilateral checkpoints across the
state border of the Russian Federation in the seaport of Gelendzhik (Krasnodar
region)"
Order of the Federal Customs Service (FCS of Russia) on August 13, 2014 N
1534 Moscow "On approval of the form and procedure for reporting on the implementation of the requirements and conditions for the use of the customs
procedure of temporary importation (tolerance) and subject to the restrictions
on the use and (or) order of foreign goods placed under the customs procedure
of temporary importation (tolerance) "
Federal List of Extremist Materials
Order of the Federal Customs Service (FCS of Russia) on August 18, 2014 N
1580 Moscow "On Approval of the Methodology tender procedures for the conclusion of a targeted training between FCS of Russia and a citizen of the Russian Federation with a commitment to follow the passage of the federal civil
service in customs the Russian Federation "
Order of the Federal Service for Technical and Export Control (FSTEC Russia)
on July 2, 2014 N 79 Moscow "On approval of the Instruction on the organization of consideration of citizens and citizens' reception in the Federal Service
for Technical and Export Control"
Order of the Federal Customs Service (FCS of Russia) from September 22,
2014 N 1823 Moscow "On Amendments to the Order of the Federal Customs
Service of Russia on May 21, 2012 N 965"
Order of the Federal Customs Service (FCS of Russia) on August 15, 2014 N
1568 Moscow "On Amendments to the N 4 and N 5 to the Order of the Federal
Customs Service of Russia on June 1, 2011 N 1144"
Order of the Federal Customs Service (FCS of Russia) on August 15, 2014 N
1568 Moscow "On Amendments to the N 4 and N 5 to the Order of the Federal
Customs Service of Russia on June 1, 2011 N 1144"
Federal List of Extremist Materials
Order of the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) on October 7, 2014 N 306 Moscow "On the establishment of the price
is not lower than that carried out the purchase (excluding imports), delivery
(except for exports) of ethanol produced from non-food raw materials "
Order of the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) on October 7, 2014 N 305 Moscow "On the establishment of the price
is not lower than that carried out the purchase (excluding imports), delivery
(except for exports) of ethanol produced from food raw material "
Order of the Federal Customs Service (FCS of Russia) on August 19, 2014 N
1600 Moscow "On approval of the requirements for arrangement, equipment
and location of temporary storage warehouses and adjacent territory, close to
the state border of the Russian Federation and is the location of the customs
bodies or their divisions, offering customs operations and customs control of
goods transported across the customs border of the Customs Union "
Order of the Federal Agency for the Development of the State Border of the
Russian Federation of September 17, 2014 N 200-OD Moscow "On Amendments to the Regulations on the territorial body of the Federal Agency for the
Baker & McKenzie
R.G. Date
of Publication
Subject
Development of the State Border of the Russian Federation, approved by the
Order of the Federal Agency for the Development of the State Border of the
Russian Federation November 6, 2008 N 115 "
Federal List of Extremist Materials
Order of the Ministry of Transport of the Russian Federation (Russian Ministry
of Transportation), Federal Customs Service (FCS of Russia), the Federal Security Service of the Russian Federation (FSB of Russia) on September 5,
2014 N 237/1713/524 Moscow "Invalidation Instruction" On order of interaction
of transport inspection, border control and customs authorities of the Russian
Federation at the checkpoints of vehicles across the state border of the Russian Federation "dated November 8, 1997 N 01-23 / 21373 and the order of the
Ministry of Transport of Russia, the State Customs Committee of Russia, Russian Federal Border Service of 30 November 1998 N 141/798/665 "
Order of the Ministry of Transport of the Russian Federation (Russian Ministry
of Transport) on July 30, 2014 N 209 Moscow "On approval of the appointment
or authorization of test stations to perform work on the control of compliance
with the standards established by the Agreement on the International Carriage
of Perishable Foodstuffs and on the Special Equipment be used for such
transport, signed in Geneva on 1 September 1970, for insulated vehicles, vehicles - glaciers, vehicles - refrigerated or heated equipment "
Africa
South Africa
South African Customs and Excise Act Amendments of Rules and
Tariff Schedules
Publication
Date
Publication
Details
GG 38052
R.771
03-10-14
GG 38033
R.751
GG 38082
R.781
10-10-14
GG 38060
R.774
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International Trade Compliance November 2014
Subject
Part 1 of Schedule No. 1 – Increase in the general
rate of customs duty on mussels classified in subheadings 1605.53.20 and 1605.53.90 from 5.5 c/kg
to 25% - ITAC Minute M02/2014
• Notice R.771
Part 1 of Schedule No. 1 - Increase in the general
rate of customs duty to 5% and 10% respectively
on paper and paperboard classified in subheadings
4802.56.20 and 4802.56.90 - ITAC Report 482
• Notice R.751
Part 1 of Schedule No. 1 - Increase in general rate
of customs duty on wheat and wheaten flour in
terms of the existing variable tariff formula imported
under tariff subheadings 1001.91, 1001.99,
1101.00.10 and 1101.00.90 - ITAC Minute
M5/2014
• Notice R.781
Part 1 of Schedule No. 1 - Increase in the general
rate of customs duty on certain paper products of
paperboard coated, impregnated or covered with
plastic or metal foil from "free" to 5%, by the insertion of tariff subheadings 4811.59.05 and
4811.90.05 and the substitution of tariff subheadings 4811.59.10 and 4811.90.10 - ITAC Report 484
• Notice R.774
Implementation Date
03-10-14
10-10-14
Baker & McKenzie
Tunisia
Tunisia launches safeguard investigations on wood fibreboard and
glass bottles
On 15 October 2014, Tunisia notified the WTO’s Committee on Safeguards that it
initiated on 30 September 2014 two safeguard investigations: one on fibreboard
of wood (MDF) and the other on glass bottles. Further information is available in
G/SG/N/6/TUN/3 and G/SG/N/6/TUN/4.
A safeguard investigation seeks to determine whether increased imports of a
product are causing, or is threatening to cause, serious injury to a domestic industry. All interested parties are invited to present their views in writing and submit all
useful information for the enquiry within 30 days from the date of publication of
the notice in the Journal official de la République Tunisienne.
A WTO member may take a safeguard action (i.e. restrict imports of a product
temporarily) only if the increased imports of the product are found to be causing,
or threatening to cause, serious injury.
Other African Countries
Date
Subject
Zimbabwe
SI 147/2014 Customs and Excise (Tariff) (Amendment), 2014 (No12)
SI 148/2014 Customs and Excise (Tariff) (Amendment), 2014 (No13)
SI 149/2014 Customs and Excise (Surtax Tariff) (Amendment) Notice, 2014 (No
30-09-14
2)
SI 150/2014 Customs and Excise (Southern African Development Community)
(Suspension) (Amendment) Regulations, 2014 (No.15)
Trade compliance enforcement actions - import,
export, IPR, FCPA
The links below will take you to official press releases and summaries of administrative and judicial trade compliance enforcement actions (arrests, indictments,
penalties, seizures, convictions, debarments, etc.) involving U.S. and foreign import, export, FCPA/anti-bribery, IPR border enforcement and related matters.
Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Foreign government
cases are preceded by the letter (F) in parenthesis].
[Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bureau
of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export
Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Product Safety Commission; DDTC= State Dep’t Directorate of Defense Trade Controls; DOJ=Department of Justice, including US Attorneys; DEA=Drug Enforcement Administration; DoD=Dep’t of Defense components [NCIS, DCIS, CID, etc.); DSS= Diplomatic Security Service;. FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FTC= Federal Trade Commission; FWS= US Fish &
Wildlife Service; GSA= General services Administration; ICE=US Immigration and Customs Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Administration;
OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission;
USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture;
Local agencies - PD = Police departments; Non-US agencies – ACBP = Australian Customs and
Border Protection Service; CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs.] (mm-dd-yy)
77
International Trade Compliance November 2014
Baker & McKenzie
Date of
Release
08-30-14
09-15-14
10-02-14
10-03-14
10-06-14
10-07-14
10-08-14
10-09-14
10-10-14
10-16-14
10-22-14
10-23-14
Subject
Western Australia manufacturing company prosecuted for prohibited exports
(ACBP,
(F) Recent Compliance Updates and Important Investigations in Turkey
Order Denying Export Privileges for 10 years; In the Matter of: Demetrio CortezSalgado, for violations of the AECA (BIS)
Foreign Subsidiary of Texas Oil Firm Pleads Guilty to Illegally Exporting Drilling
Equipment to Syria (DOJ, BIS)
CBP Seizes $500K in Fake Goods (Houston) (CBP)
Three Indicted in Prescription Drug Smuggling Ring (DOJ, FDA, ICE)
Order Temporarily Denying Export Privileges (BIS)
Denial of Export Privileges for AECA and IEEPA (BIS)
Company Agrees to Pay $750,000 Penalty for Unauthorized Encryption Exports
(BIS)
Russian national sentenced for conspiring to smuggle night vision technology to
Russia (DOJ, ICE,)
ICE, SAT participate in first regional forum on combatting illicit trade (ICE,SAT)
Taiwanese Businessman Pleads Guilty to Conspiring to Violate U.S. Laws Preventing Proliferation of Weapons of Mass Destruction (DOJ, FBI, ICE, BIS, Estonian agencies)
Houston man charged with trafficking counterfeit 'Beats by Dre' headphones
(ICE)
Second vice president of Equatorial Guinea agrees to relinquish more than $30
million of assets purchased with corruption proceeds (ICE)
Former Los Angeles-area businessman sentenced to over 7 years in prison for
selling knock-off batteries to Navy for use on warships (ICE, DoD, DOJ)
25 Peruvian cultural treasures returned to the government of Peru (ICE)
Federal agencies warn against counterfeit decorative contact lenses
‘Operation Double Vision’ is underway to seize illegal, harmful products from
store shelves (ICE, FDA, CBP)
Order Relating to Borna Faizy, Touraj Ghavidel, and Signal Micro Systems, Inc.
(BIS)
Newsletters, Reports, Articles, Etc.
Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into
important developments in the field of VAT/GST across the globe. In order to
maximize the effectiveness of this newsletter to you, most articles are brief and
are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Group are:
•
Jan Snel (Steering Committee, Global VAT Group)
•
Nicole Looks (Chair, EMEA VAT Group)
•
Eugene Lim (Chair, APAC VAT Group)
•
Jorge Narvaez Hasfura (Chair, Latin America VAT Group)
•
Pat Powers (Chair, North America 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:
78
International Trade Compliance November 2014
Baker & McKenzie
Subject
International Trade, Tax and Anti-corruption Related
Global International Trade Compliance Update October 2014
Global International Trade Client Alert: US Government Further Increases UkraineRelated Sanctions & Export Controls Targeting Russian Energy, Financial, and Defense
Sectors
Buenos Aires Banking Alert: Reduced Term to Evidence the Entry of Imported Goods
(Eng.); Prepago de Bienes Importados Reducen el Plazo Para Acreditar Su Ingreso
(Span.)
Buenos Aires Tax Alert: Extension of the Amnesty Program for the Disclosure of Unreported Foreign Currency (Eng.); Prorroga del Regimen de Blanqueo de Moneda Extranjera (Span.)
Jakarta Corporate Tax and Trade Client Alert: Updates on the Implementation of New
Labeling Requirement
Singapore Trade & Commerce Legal Alert: Implementation of UN Sanctions against Iran
Other Practices
Buenos Aires Oil & Gas Alert: Benefit on the Import of Used Machinery and Equipment
for Oil and Gas Companies and Its Service Providers (Eng.); Beneficio a la Importación
de Maquinaria y Equipos Usados Para las Empresas de Petróleo y Gas y Sus
Proveedores de Servicios (Span.)
Global IP - IP Dispatch October 2014
Global IP Client Alert: Unprecedented award of statutory damages for trademark infringement in Singapore
Kyiv Real Estate and Construction Client Alert: Certification of Completed Construction
of Major Part of Properties Becomes Easier (Eng.); Спрощено порядок прийняття в
експлуатацію значної кількості об'єктів будівництва (Ukr.)
Kyiv Corporate Law Client Alert: Upfront Disclosure of Beneficial Ownership Now Required in Ukraine (Eng.); Відтепер в Україні обов’язково розкривати інформацію про
вигодоодержувачів при державній реєстрації юридичної особи (Ukr.); Теперь в
Украине обязательно раскрывать информацию о выгодополучателях при
государственной регистрации юридического лица (Russ.)
Webinars, Meetings, Seminars, Etc.
2014 International Trade Compliance Webinar Series
Global Trade and the Global Supply Chain: Key Issues for 2014
Our live 2014 International Trade Compliance Webinar Series is over. However, if
you missed any webinars in this series, or would like to see them again, you may
view them or download only the Presentation used, by clicking on this link or on
the specific linked title or Presentation below. Our focus in 2014 was on Global
Trade and the Global Supply Chain: Key Issues for 2014.
79
•
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] Presentation 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] Presentation 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] Presentation only
•
Country of Origin Rules for Marking and Government Procurement Purposes –
US, EU and China - Speakers: Stuart Seidel (Washington, DC), Holly Files
International Trade Compliance November 2014
Baker & McKenzie
(Washington, DC), Jasper Helder (Amsterdam) and William Marshall (Hong Kong)
– [Original Broadcast: April 15, 2014] Presentation.
•
Product-Related Environmental Restrictions and Compliance - EU, Russia/CIS
and China - Speakers: Ulrich Ellinghaus (Frankfurt), Alexander Bychkov (Moscow) and Scott Silverman (Beijing) – [Original broadcast: May 20, 2014] resentation only.
•
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) [Original broadcast: June 17, 2014] Presentation only.
•
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) [Original broadcast: July 22, 2014] Presentation only.
2014 EU Anti-Bribery, Trade and Customs Webinar Series
Our EU Compliance, International Trade and Customs Groups have brought together their considerable local knowledge and on the ground experience to deliver their third webinar series. This year’s series covers a range of customs, export
control, trade sanctions and anti-bribery and corruption topics.
All live webinars will begin at 16.00 (GMT/BST) 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). If you
miss any webinars in this series, or would like to see them again, you may view
them or download only the Presentation used, by clicking on this link or on the
specific linked title or Presentation below:
•
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 [Original date: February 27] Presentation only
•
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 [Original date: March 27:] Presentation only
•
EU Trade Sanctions Update [Original date: April 10] Presentation only
•
How to conduct M&A due diligence in the areas of International Trade and AntiBribery and Corruption [Original date: May 8] Presentation only
•
Customs: How to classify and value your products [Original date: June 26]
Presentation only
•
US and EU Russian Sanctions Update [Original date: Sept. 17]
•
Customs: How to determine the origin of your products [Original date: September
25] Presentation only
•
Fundamentals and Pitfalls of EU Export Controls [Original date: October 23]
•
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
80
International Trade Compliance November 2014
Baker & McKenzie
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: Meryll Sarco, Business Development Coordinator
Cross-Border Transactions Webinar Series
Baker & McKenzie's Cross-Border Transactions Webinar Series provides practical tips on how to succeed in cross-border deals and ways to minimize transaction risk in various jurisdictions. Whether you are doing deals involving established global money centers or emerging markets such as Brazil, China, Russia,
or the Middle East, you will find our webinars helpful in developing your approach
to managing a multitude of regulatory environments and business cultures. Past
webinars have been recorded and may be accessed via the links below or at our
Cross-Border Transactions Webinars website.
•
November 11, 2014: Africa M&A: Seizing Opportunities Today
•
December 9, 2014: Middle East M&A: Seizing Opportunities Today
Recorded Webinars:
•
Southeast Asia M&A: Seizing Opportunities Today
•
Successfully Implementing a Cross-Border Transaction
•
Brazil M&A: Seizing Opportunities Today
•
China M&A: Seizing Opportunities Today
•
Winning Strategies in Cross-Border Deals: Tips for Success
•
Joint Ventures: Tackling the Unique Challenges in a Cross-Border JV.
•
India M&A: Seizing Opportunities Today
•
Compliance: Navigating the Regulatory Minefield in a Cross-Border Transaction
•
Technology & IP: Winning Strategies in Cross-Border Deal Making
•
Planning Ahead for a Successful Post-Acquisition Integration
for live Webinars.CLE & CPE Credit available For more information, please contact Kathy Heffley or Chad Cole.
2014 Insights into Litigation Webinar Series
Manage your Risk
As part of one of the largest and most recommended Dispute Resolution practices in the world, our North America Litigation lawyers offer practical insights on
how to help you navigate the complexities your business may face with confidence, while achieving your strategic and commercial objectives. To share these
insights, we have developed a webinar series that is focused on practical business solutions and the risks and challenges in doing business locally and internationally. Our series will take place on the third Thursday of the month at 1 pm
EST. Register now for any of the following upcoming Litigation Webinars:
81
International Trade Compliance November 2014
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.
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.
•
20 November 2014 - Defending Acquisition Strike Suits
If you missed any of the past webinars, you can view the presentations, by clicking on the topic below:
•
How to Appropriately Scope, Conduct and Resolve an Internal Investigation [Original broadcast: 15 May 2014]
•
More Than a BIT of Protection: Recent Developments in Investment Treaty Arbitration [Original broadcast: 19 June 2014]
•
US Class Actions Update – Recent Decisions and Trends [Original Broadcast: 17
July 2014]
•
Defending Parallel SEC and DOJ Investigations [Original broadcast: 21 August
2014]
•
Cyber Defamation, Unfair Reviews and Social Media Challenges: Tips for Making
the Online World Safe for Your Business [Original broadcast: 18 September 2014]
•
What Every Business Lawyer Should Know About the FCPA [Original broadcast:
16 October 2014 – not yet available]
For more information, please contact Jennifer Bartlett.
2014 Eye on China Webinar Series
China is the world's second largest economy and one of its fastest growing. Multinational corporations need to be aware of the emerging opportunities and pitfalls
created by China's ever-changing laws and regulations. This year, in this series of
60-minute webinars, our award-winning China and North American teams focused on the most significant concerns facing MNCs in China today and provided
actionable solutions.
•
Wednesday, November 26, 2014, 11:00 a.m. CDT Effective E-Commerce Strategies in China
•
Wednesday, December 17, 2014, 11:00 a.m. CDT China Wages War on Pollution
The following 2014 webinars were recorded so that you may play them or download the presentations at your convenience.
•
New Curbs on Hiring Contingent Workers - Presentation
•
Hot Topics in China Disputes - Presentation
•
Protecting Your Inventions and Trade Secrets – Presentation
•
Navigating the Shanghai Pilot Free Trade Zone – Presentation
•
China Supply Chain Compliance (Not yet available)
•
Increase in China Antitrust Enforcement – Why and How to be Prepared (Not yet
available)
For more information, please contact Michal Cenek.
View 2013 International Trade Compliance Webinar Series on-line
Our 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:
82
International Trade Compliance November 2014
Baker & McKenzie
•
•
•
•
•
•
•
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
View EU Anti-Bribery, Trade and Customs Webinar Series 2013 online
Our EU Compliance, International Trade and Customs Groups brought together
their considerable local knowledge and on the ground experience to deliver their
second webinar series. 2013’s series covered a range of customs, export control,
trade sanctions and anti-bribery and corruption topics.
All webinars are scheduled to run for 90 minutes. Our panel of speakers provided
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 was comprised of 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 November 2014
EU Trade Sanctions [Original broadcast: March 21] PowerPoint only
Anti-Bribery and Corruption : M&A Due Diligence [Original broadcast: April 18]
PowerPoint only
May 23: Third Party Supply Chain Risks (Customs, Export Controls and AntiBribery) [Original broadcast: May 23] PowerPoint only
June 20: Customs Valuation: Focus on Intercompany Transactions [Original
broadcast: June 20] PowerPoint only
Import and Export Controls for Encryption Items [Original broadcast: September
5] PowerPoint only
Customs Tariff Classification Update [Original broadcast: September 19] PowerPoint only
Baker & McKenzie
•
•
•
Fundamentals and Pitfalls in EU Export Controls [Original broadcast: October 24]
PowerPoint only
Customs: Free Trade Agreements / Origin [Original broadcast: November 21]
PowerPoint only
Anti-Bribery and Corruption: Key Developments [Original broadcast : December
12] PowerPoint only
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] .
View 2012 EU Customs Webinar Series: Boost Your Local Compliance on-line
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. If you
missed any of the 2012 webinars, you may see the list and view them here.
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 listed and available on our website here.
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
84
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
Brazil
BRA/319/Add.2
10/10/2014 Not given
Vehicles
Brazil
BRA/481/Add.3
10/10/2014 Not given
Parts and accessories for bicycles (HS 8714);
Pneumatic tires, of rubber, used on bicycles (HS
International Trade Compliance November 2014
Baker & McKenzie
Country
85
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
4011.50); Brakes (HS 8714.94) Frames and
forks, and parts for bicycles (HS 8714.91); Pedals
and crank-gear (HS 8714.96); Wheel rims and
spokes (HS 8714.92); Bicycles & other cycles
(not motorized) delivery tricycles (HS 8712)
Semiconductor devices; light-emitting diodes;
mounted piezoelectric crystals (HS 8541)
Brazil
BRA/609
10/8/2014
11/5/2014
Brazil
BRA/610
10/8/2014
11/5/2014
Brazil
BRA/408/Rev.1/Add.1 10/16/2014 Not given
Canada
CAN/415/Add.1
10/2/2014
Canada
CAN/426
10/7/2014
Canada
CAN/427
10/10/2014 11/17/2014 Beer (includes Ale, Stout, Porter and Malt Liquor)
China
CHN/78/Add.1
10/6/2014
Not given
Cigarettes
China
CHN/1058
10/6/2014
12/6/2014
Temperature control systems for floor heating
China
CHN/1059
10/6/2014
12/6/2014
Passenger cars (HS 8703)
China
CHN/1060
10/6/2014
12/6/2014
Passenger cars (HS 8703)
Colombia
COL/189/Add.3
10/9/2014
Not given
Pharmaceutical products
Colombia
COL/196/Add.1
10/10/2014 Not given
Biological medicines
Costa Rica
CRI/121/Add.2
10/15/2014 Not given
Steel bars and wire for concrete reinforcement
Ecuador
ECU/127/Add.1
10/7/2014
Not given
Ecuador
ECU/131/Add.1
10/7/2014
Not given
Ecuador
ECU/135/Add.1
10/1/2014
Not given
Ecuador
ECU/152/Add.1
10/8/2014
Not given
Ecuador
ECU/163/Add.1
10/1/2014
Not given
Ecuador
ECU/167/Add.1
10/1/2014
Not given
Ecuador
ECU/170/Add.1
10/1/2014
Not given
Ecuador
ECU/171/Add.1
10/1/2014
Not given
Ecuador
ECU/180/Add.1
10/8/2014
Not given
Ecuador
ECU/185/Add.1
10/7/2014
Not given
Clothes dryers (HS 8421.12.00)
Ecuador
ECU/188/Add.1
10/7/2014
Not given
Televisions (HS 8528.72.00)
Ecuador
ECU/19/Add.9
9/29/2014
Not given
Prepackaged and prepared foods
Ecuador
ECU/198/Add.1
10/1/2014
Not given
Respiratory protective devices (HS 6307.90.30)
Ecuador
ECU/206/Add.1
10/7/2014
Not given
Oil filters, diesel and petrol filters, and intake air
filters for internal combustion engines (HS
International Trade Compliance November 2014
Vehicle platform lift (HS 8428)
Parts and accessories for motor vehicles (brakes,
radiators, mufflers, exhaust pipes, clutches, steering wheels, etc.) (HS 8708)
Prescription status of medicinal ingredients for
Not given
human use (HS 3004.90)
On-road vehicles and engines, and gasoline (ICS:
12/11/2014
13.040, 43.080, 43.100, 7
Cocoa products: chocolate (HS 1806,
1806.10.00, 1806.20, 1806.20.10, 1806.20.90,
1806.31.00, 1806.32.00 and 1806.90.00)
Loudspeakers (HS 8518.21, 8518.22 and
8518.29)
Audio-frequency electric amplifiers (HS 8518.40
and 8518.50)
Clothes dryers (HS 8421.12)
Water meters (HS 9028.20; 9028.20.10 and
9028.20.90)
Waxes for floors and polishes (HS 3405.10.00,
3405.20.00 and 3405.90.00)
Low-voltage power supplies (HS 8504.40.90)
Mercury vapour lamps, sodium vapour lamps and
metal-halide lamps (HS 8539.32.00)
Cocks and valves for domestic use (HS
8481.80.10)
Baker & McKenzie
Country
Notification
Date Issued
Final Date
for Comments
Merchandise Covered
8421.23.00.10, 8421.23.00.90 and
8421.31.00.00)
86
Ecuador
ECU/214/Add.1
10/8/2014
Not given
Wheelbarrows (HS 8716.80.10)
Ecuador
ECU/215/Add.1
10/8/2014
Not given
Hearing protectors (HS 3926.90.60)
Ecuador
ECU/216/Add.1
10/8/2014
Not given
Ecuador
ECU/217/Add.1
10/8/2014
Not given
Ecuador
ECU/218/Add.1
10/8/2014
Not given
Life-jackets and life-belts (HS 6307.20)
Ecuador
ECU/225/Add.1
10/2/2014
Not given
Hydraulic and mechanical jacks and hoists (HS
8425.42.20 and 8425.49.10)
Ecuador
ECU/227/Add.1
10/2/2014
Not given
Vacuum cleaners (HS 8508.11 and 8508.19)
Ecuador
ECU/229/Add.1
10/2/2014
Not given
Dentistry equipment (HS 9018.49.90.90)
Protective goggles and special masks for worker
safety (HS 3926.90.70, 9004.90.10)
Safety belts and personal protective equipment
for fall prevention (HS 6307.90.20, 6307.90.90)
Ecuador
ECU/230/Add.1
10/2/2014
Not given
Glass and glass-ceramics that are in contact with
foodstuffs (HS 7013.10.00, 7013.22.00,
7013.28.00, 7013.33.00, 7013.37.00, 7013.41.00,
7013.42.00, 7013.49.00, 7013.91.00, 7010.20.00,
7010.90.10, 7010.90.20, 7010.90.30, and
7010.90.40)
Ecuador
ECU/234/Add.1
10/2/2014
Not given
Dental chairs (HS 9402.10.10)
Ecuador
ECU/235/Add.1
10/2/2014
Not given
Dental units (HS 9018.49.90.10)
Ecuador
ECU/236/Add.1
10/7/2014
Not given
Steel pipes (HS 7304.29)
Ecuador
ECU/237/Add.1
10/8/2014
Not given
Commercial cookers (HS 8516.60.20 and
8516.60.30)
Ecuador
ECU/239/Add.1
10/8/2014
Not given
Padlocks (HS 8301.10)
Ecuador
ECU/244/Add.1
10/7/2014
Not given
Medical electrical equipment (HS 9402.90.10)
Ecuador
ECU/245/Add.1
10/8/2014
Not given
Hair clippers and similar items (HS 8510.20.10
and 8510.20.20)
Ecuador
ECU/246/Add.1
10/8/2014
Not given
Waste disposal units (HS 8509.80.20)
Ecuador
ECU/49/Add.4
10/1/2014
Not given
Buses (HS 8702.10, 8702.90, 8706.00, 8707.90)
Ecuador
ECU/280
10/2/2014
Ecuador
ECU/281
10/2/2014
Ecuador
ECU/282
10/2/2014
Ecuador
ECU/53/Add.3
10/9/2014
Not given
Metal cable tray, electrical conduit
Ecuador
ECU/179/Add.1
10/9/2014
Not given
Fans driven by motors with an electric input power between 125 W and 500 kW (HS 8414.59.00)
European Union
EU/244
9/26/2014
11/26/2014 Food
European Union
EU/245/Corr.1
9/29/2014
Not given
European Union
EU/245
9/26/2014
11/26/2014 Food
France
FRA/159
9/24/2014
11/24/2014 Processing aids used in certain foodstuffs
International Trade Compliance November 2014
Voice and data cables (HS 8544.2000,
12/23/2014 8544.4210, 8544.4220, 8544.4290, 8544.4910
and 8544.4990)
Household electrical appliances for cooking by
12/23/2014
induction (HS 8514.4000 and 8516.6020)
Jewellery and imitation jewellery (HS 7113.1100,
7113.1900, 7113.2000, 7114.1110, 7114.1190,
12/23/2014
7114.1900, 7114.2000, 7117.1100, 7117.1900
and 7117.9000)
Food
Baker & McKenzie
Country
Date Issued
Final Date
for Comments
Merchandise Covered
France
FRA/159
9/24/2014
11/24/2014 Processing aids used in certain foodstuffs
Korea, Republic of
KOR/529
10/9/2014
12/9/2014
Antifreezes, digital door locks, toys, cleaning liquids for windscreens, brake fluids for automobiles
Korea, Republic of
KOR/530
10/9/2014
12/9/2014
Electrical appliances
Korea, Republic of
KOR/531
10/14/2014 12/14/2014 Industrial products
Korea, Republic of
KOR/532
10/14/2014 12/14/2014 Mobile telecommunications radio equipment
Korea, Republic of
KOR/529
10/9/2014
12/9/2014
Antifreezes, digital door locks, toys, cleaning liquids for windscreens, brake fluids for automobiles
Korea, Republic of
KOR/530
10/9/2014
12/9/2014
Electrical appliances
Korea, Republic of
KOR/531
10/14/2014 12/14/2014 Industrial products
Korea, Republic of
KOR/532
10/14/2014 12/14/2014 Mobile telecommunications radio equipment
Korea, Republic of
KOR/533
10/22/2014 12/22/2014 Pharmaceuticals
Kuwait
KWT/242
10/2/2014
12/2/2014
Corn flakes
Kuwait
KWT/243
10/2/2014
12/2/2014
Fermented soybean paste
Kuwait
KWT/244
10/3/2014
12/3/2014
Avocado
Kuwait
KWT/245
10/3/2014
12/3/2014
Tea and herbs bags
Kuwait
KWT/246
10/3/2014
12/3/2014
Edible nigella sativa seed oil
Kuwait
KWT/247
10/6/2014
12/6/2014
Hygienic conditions for school canteens and handled foods
Lithuania
LTU/6/Add.2
10/9/2014
Not given
Construction products
Malaysia
MYS/38/Rev.1
10/17/2014 Not given
Goods made from any part of pig and/or dog,
excluding food item and animal food
Mexico
MEX/267/Add.1
10/9/2014
Water pump motors
Nicaragua
NIC/142
10/10/2014 12/10/2014 Coffee (Coffea arabica L.)
Nicaragua
NIC/143
10/10/2014 12/10/2014 Aquatic animals
Oman
OMN/181
10/2/2014
12/2/2014
Canned cooked chickpeas
Oman
OMN/182
10/2/2014
12/2/2014
Edible Nigella Sativa Seed Oil
Oman
OMN/183
10/2/2014
12/2/2014
Baking powder
Oman
OMN/184
10/2/2014
12/2/2014
Frozen carrot
Oman
OMN/185
10/2/2014
12/2/2014
Black pepper, whole and ground
Oman
OMN/186
10/2/2014
12/2/2014
Frozen chickens
Oman
OMN/187
10/2/2014
12/2/2014
Hygienic conditions for school canteens and handled foods
Oman
OMN/188
10/2/2014
12/2/2014
Fresh okra
Qatar
QAT/365
10/6/2014
12/6/2014
Corn flakes
South Africa
ZAF/174/Add.1
10/7/2014
Not given
Tomatoes, fresh or chilled (HS 0702)
12/1/2014
Radar intended for landslide and debris flow monitoring, avalanche detection, other similar safetyrelated applications and radar intended to detect
bird migration
Switzerland
87
Notification
CHE/181
International Trade Compliance November 2014
10/6/2014
Not given
Baker & McKenzie
Country
Date Issued
Final Date
for Comments
Telecommunication equipment: radio equipment
and telecommunication terminal equipment
CHE/182
10/7/2014
Switzerland
CHE/183
10/10/2014 12/31/2014 Solid biofuels
CHE/184
Active substances: bis(N-cyclohexyl-diazeniumdioxy)-copper (Cu-HDO): CAS № 312600-89-8;
Cyproconazole: CAS № 94361-06-5; Decanoic
acid: CAS № 334-48-5; Ethyl butylacetylaminopropionate: CAS № 52304-36-6; Iodine, including polyvinylpyrrolidone iodine: CAS № 755356-2 and 25655-41-8; Lauric acid: CAS № 14307-7; Octanoid acid: CAS № 124-07-2; S10/10/2014 11/27/2014
methoprene: CAS № 65733-16-6 ; Synthetic
amorphous silicon dioxide: CAS № 112926-00-8;
Transfluthrin: CAS № 118712-89-3; Zineb: CAS
№ 12122-67-7; 4,5-Dichloro-2-octyl-2Hisothiazol-3-one: CAS № 64359-81-5; Difenacoum: CAS № 56073-07-5; Difethialone: CAS
№ 104653-34-1; Aluminium phosphide releasing
phosphine: CAS № 20859-73-8.
TPKM/176/Add.1
10/20/2014 Not given
Taiwan Economy
TPKM/178
One-time-use non-button type cell batteries:
manganese-zinc batteries and alkaline manganese batteries (CCC-code: 8506.10.21.006,
8506.10.22.005, 8506-10.90.100); One-time-use
10/10/2014 12/10/2014
button cell batteries: alkaline manganese batteries, mercuric oxide batteries and silver oxide batteries (CCC-code: 8506.10.90.903,
8506.30.00.007, 8506.40.00.005)
United States
USA/924/Add.1
10/2/2014
Not given
United States
USA/925
10/2/2014
11/13/2014 Beef carcass
United States
USA/123/Add.4
10/3/2014
Not given
Seat belt assembly and seating positions (HS
8703)
United States
USA/710/Add.6
10/3/2014
Not given
Energy conservation
United States
USA/861/Add.1
10/3/2014
Not given
Ceiling fans
United States
USA/748/Add.2
10/7/2014
Not given
Magnet sets
United States
USA/852/Add.1
10/3/2014
Not given
National Organic Program
United States
USA/796/Add.1/Corr.1 10/21/2014 Not given
Chemical substances
United States
USA/852/Add.2
10/16/2014 Not given
National Organic Program
United States
USA/926
10/3/2014
12/1/2014
Air conditioning and heating equipment (HS
8415)
United States
USA/927
10/7/2014
12/1/2014
Chemical substances
United States
USA/928
10/21/2014 12/5/2014
Irish potatoes (HS 0701)
United States
USA/929
10/21/2014 12/8/2014
External power supplies
Viet Nam
VNM/51
10/9/2014
Prepackaged genetically modified food
Taiwan Economy
International Trade Compliance November 2014
12/1/2014
Merchandise Covered
Switzerland
Switzerland
88
Notification
12/9/2014
Food for human consumption
Hydrofluorocarbons
Baker & McKenzie
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
search and downloading using the CROSS search engine at
http://rulings.cbp.gov.
CBP Rulings: Revocations or Modifications
During the time period covered by this update, the weekly Customs Bulletin and
Decisions did not publish any proposals or actions 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
A new motor vehicle of the pick-up type,
with a compression-ignition internal combustion piston engine of a cylinder capac3
ity of 2 179 cm , a five-speed manual
gearbox and one reverse gear. Its total
gross weight is approximately 2 950 kg
and its total load capacity is approximately 1 000 kg. The length of its wheelbase
is 3 150 mm.
The motor vehicle consists of two separate areas:
(EU) № 1034/2014
of 25 Sept. 2014
— a four-door cabin, all doors are
equipped with windows, and five
seats, including the driver’s seat, in
two rows (two front seats and three
back seats). The cabin has a standard interior with manually operated air
conditioning, standard seats with
adjustable three-point seat belts, adjustable front seat headrests, an adjustable steering column and lighting
for the passenger space. It is
equipped with a radio broadcast receiver,
— an open load space with a length of 1
429 mm, equipped with a set of anchors to attach a load.
89
International Trade Compliance November 2014
Classification (CN
code)
8703 32 19
Reasons
Classification is determined by General
Rules 1 and 6 for the interpretation of the
Combined Nomenclature and by the wording
of CN codes 8703, 8703 32 and 8703 32 19.
Classification under heading 8704 as a vehicle for the transport of goods is excluded,
given its intended use, which is inherent to
the entirety of its objective characteristics
and general appearance, as a vehicle principally designed for the transport of persons.
The absence of luxury interior features does
not preclude classification as a vehicle for
transport of persons. The vehicle has two
rows of seats and the maximum inner length
of the area for transport of goods is less than
50 % of the length of the wheelbase (see
also the Explanatory Notes to the Combined
Nomenclature to heading 8703).
The vehicle is therefore to be classified under CN code 8703 32 19 as a new motor
vehicle principally designed for the transport
of persons.
Baker & McKenzie
Commission
Implementing
Regulation
Description of the goods
1 A turbine wheel of a nickel-based
. alloy comprising radially arranged
blades and a central hub to be placed
on the shaft of an exhaust-gas turbocharger.
Classification (CN
code)
8411 99 00
See image 1
2 A turbine housing of base metal con. sisting of a cavity for the turbine
wheel, an opening for the inlet exhaust-gas pipe and an opening for the
outlet exhaust-gas pipe.
8411 99 00
See image 2
The assembly comprises the following
interfaces for connecting with external
apparatus:
— VGA input,
— HDMI inputs (HDCP supported),
(EU) № 1036/2014
of 25 Sept. 2014
— RGB video inputs (SCART connectors),
— video component input,
— CVBS video input and output,
— audio input and output,
— loudspeaker output,
— USB socket.
The assembly also comprises several
internal interfaces, for example, a lowvoltage differential signalling (LVDS) interface for connecting with a LCD screen
90
International Trade Compliance November 2014
The turbine wheel is therefore to be classified under CN code 8411 99 00 as parts of
gas turbines.
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, note 2(b) to Section
XVI and by the wording of CN codes 8411
and 8411 99 00.
Classification under heading 8414 as parts
of compressors is excluded as the turbine
housing is a part suitable for use solely or
principally with an exhaust-gas turbine of
heading 8411 (see also the HSEN to heading 8414, exclusion (a), and the CNEN to
subheading 8414 90 00).
The housing is the component of a
turbine which contains the turbine
wheel enabling it to transform the
incoming motor exhaust-gas energy
into a rotational movement for driving
the compressor wheel of the turbocharger.
A printed circuit assembly presented for
incorporation into a reception apparatus
for television incorporating a LCD screen
and a video reproducing apparatus.
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, note 2(b) to Section
XVI and by the wording of CN codes 8411
and 8411 99 00.
Classification under heading 8414 as parts
of compressors is excluded as the turbine
wheel is a part suitable for use solely or
principally with an exhaust-gas turbine of
heading 8411 (see also the Harmonized
System Explanatory Notes (HSEN) to heading 8414, exclusion (a), and the Explanatory
Notes to the Combined Nomenclature
(CNEN) to subheading 8414 90 00).
The wheel is the component of a turbine which transforms the energy of
the incoming motor exhaust-gas into
a rotational movement for driving the
compressor wheel of the turbocharger.
(EU) № 1035/2014
of 25 Sept. 2014
Reasons
8529 90 65
The turbine housing is therefore to be classified under CN code 8411 99 00 as parts of
gas turbines.
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, note 2(b) to Section
XVI and by the wording of CN codes 8529,
8529 90 and 8529 90 65.
The assembly does not only have electronic
components performing a video reproducing
function, but it also contains components
performing additional functions, such as the
LVDS output transmitter for a LCD screen
and the scaler which is, due to its ability to
process several automatic data-processing
type resolutions, specifically designed for
reception apparatus for television incorporating a LCD screen. As the assembly contains
more components (functionalities) than covered by heading 8521, classification under
that heading as video reproducing apparatus
is excluded.
As the LCD screen is missing, classification
under subheading 8528 72 40 as a reception
apparatus for television with a screen is excluded.
Baker & McKenzie
Commission
Implementing
Regulation
Description of the goods
Classification (CN
code)
and an interface to the internal power
supply.
Reasons
The assembly is therefore to be classified
under CN code 8529 90 65 as electronic
assemblies for apparatus of heading 8528.
The assembly does not incorporate a socalled ‘tuner’ comprising radio frequency
circuits (RF block), intermediate frequency circuits (IF block) and demodulation
circuits (DEM block), for the reception of
digital television signals.
The LCD screen is not included upon
presentation.
The assembly performs several functions,
for example, analogue-digital conversion,
video decoding (for example, MPEG4),
scaling, audio decoding, audio amplification, HDMI receiver and LVDS output
transmitter for an LCD screen.
In addition to standard video or television
signals, the scaler is also able to process
several incoming resolutions of the automatic-data processing (ADP) machine
type (up to 1 920 × 1 080 pixels) into the
native resolution of a LCD screen.
The assembly is able to reproduce images and sound from an USB memory.
1 A semiconductor component (so. called ‘LED module’) comprising a
LED chip connected in parallel with a
Zener protection diode, presented in
a plastic housing with a domed transparent plastic cover, with dimensions
of approximately 7 × 7 × 5 mm, without connecting pads.
(EU) № 1037/2014
of 25 Sept. 2014
8541 40 10
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, note 8 to Chapter 85
and by the wording of CN codes 8541, 8541
40 and 8541 40 10.
As the LED chip and the protection diode
are combined to all intents and purposes
indivisibly and the protection diode is only
used for protecting the LED chip against
overvoltage, the module’s characteristics
and properties as a light-emitting diode of
heading 8541 are therefore not fundamentally altered. Consequently, by application of
note 8 to Chapter 85, last paragraph, classification of the component under heading
9405 is excluded.
The physical construction of the component is indivisible in the sense that,
although some of the elements could
theoretically be removed and replaced, this would be a long and delicate task which would be uneconomic
under normal manufacturing conditions.
The LED module is designed to be
assembled onto printed circuit boards
by using, for example, surface-mount
device (SMD) soldering techniques.
The component is therefore to be classified
under CN code 8541 40 10 as light-emitting
diodes.
It is presented for use in illumination
applications such as mobile phone
flash, automotive lighting, projectors,
traffic signals, and household appliances.
See image 1.
2 A semiconductor component compris. ing a LED module mounted by solder91
International Trade Compliance November 2014
8541 40 10
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, note 8 to Chapter 85
Baker & McKenzie
Commission
Implementing
Regulation
Description of the goods
Classification (CN
code)
Reasons
and by the wording of CN codes 8541, 8541
40 and 8541 40 10.
ing on a metal-core printed circuit
board, with a height of approximately
7 mm and a diameter of approximately 21 mm.
Although the component comprises a LED
module and a printed circuit board which can
be disassembled, the function of the component remains the same as that of the LED
module alone. The sole function of the metal-core printed circuit board is dissipating
heat (heat sink) as the printed circuit does
not provide any interconnections with other
components but only allows a better thermal
transfer from the LED module to the surrounding media. The component is thus to
be classified as a LED module alone.
The LED module comprises a LED
chip connected in parallel with a Zener protection diode, presented in a
plastic housing with a domed transparent plastic cover.
The metal-core printed circuit board is
specifically designed as a heat sink; it
contains soldering pads for connecting the power supply and is shaped
for final application in lighting fitting
articles.
As the LED chip and the protection diode
are combined to all intents and purposes
indivisibly and the protection diode is only
used for protecting the LED chip against
overvoltage, the module’s characteristics
and properties as a light-emitting diode of
heading 8541 are therefore not fundamentally altered. Consequently, by application of
note 8 to Chapter 85, last paragraph, classification of the component under heading
9405 is excluded.
It is presented for use in illumination
applications such as mobile phone
flash, automotive lighting, projectors,
traffic signals, and household appliances.
See image 2.
The component is therefore to be classified
under CN code 8541 40 10 as light-emitting
diodes.
3 A semiconductor component (so. called ‘LED package’) comprising four
LED chips, each one connected in
parallel with a Zener protection diode,
presented in a plastic housing with a
transparent glass window on top and
eight contact pads on the back, with
dimensions of approximately 6 × 5 ×
1 mm.
The physical construction of the component is indivisible in the sense that,
although some of the elements could
theoretically be removed and replaced, this would be a long and delicate task which would be uneconomic
under normal manufacturing conditions.
The LED chips are not interconnected. The interconnections between the
LED chips and the Zener diodes are
made by wire bonding.
The LED package is designed to be
assembled onto printed circuit boards
by using, for example, SMD soldering
techniques.
It is presented for use in illumination
92
International Trade Compliance November 2014
8541 40 10
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, note 8 to Chapter 85
and by the wording of CN codes 8541, 8541
40 and 8541 40 10.
As the LED chips and the protection diodes
are combined to all intents and purposes
indivisibly, and the protection diodes are
only used for protecting the LED chips
against overvoltage, independently of the
number of LED chips, the component’s
characteristics and properties as a lightemitting diode of heading 8541 is therefore
not fundamentally altered. Consequently, by
application of note 8 to Chapter 85, last paragraph, classification of the component under heading 9405 is excluded.
The component is therefore to be classified
under CN code 8541 40 10 as light-emitting
diodes
Baker & McKenzie
Commission
Implementing
Regulation
Description of the goods
Classification (CN
code)
Reasons
applications such as stage and entertainment lighting, mood lighting and
architectural lighting indoor and outdoor.
See image 3.
4 A semiconductor component (so. called ‘LED array’) comprising 156
LED chips presented in a circular
plastic housing with a transparent
plastic cover and two electrical contact pads on top and a metallic heat
sink on the back, with a height of approximately 2 mm and a diameter of
approximately 49 mm.
8541 40 10
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, note 8 to Chapter 85
and by the wording of CN codes 8541, 8541
40 and 8541 40 10.
As the component is only composed of LED
chips which are combined to all intents and
purposes indivisibly, independently of the
number of LED chips, the component still
falls within heading 8541. Consequently, by
application of note 8 to Chapter 85, last paragraph, classification of the component under heading 9405 is excluded.
The physical construction of the component is indivisible in the sense that,
although some of the elements could
theoretically be removed and replaced, this would be a long and delicate task which would be uneconomic
under normal manufacturing conditions.
The component is therefore to be classified
under CN code 8541 40 10 as light-emitting
diodes.
The LED chips are interconnected in
a series-parallel array with the interconnections made by wire bonding.
The LED array is designed to be assembled by screwing it to the final
product.
It is presented for use in general illumination applications such as retail
and hospitality lighting, commercial
and office lighting, residential and
consumer lighting, industrial lighting,
street and exterior area lighting and
retrofit lamps.
See image 4
1 A plastic tube with a length of 142 cm
. with a plastic balloon at one end (socalled ‘balloon catheter’).
The proximal segment of the catheter
has a diameter of 0,63 mm and is
made of hypotube material and coated with polytetrafluorethylene (PTFE).
(EU) № 1038/2014
of 25 Sept. 2014
The distal segment of the catheter
has a diameter in a range from 0,79
to 1,02 mm and is made of polyether
bloc amide (PEBA) material and
coated with hydrophilic material.
The balloon has a length of 6 to 27
mm and a diameter of 2 to 5 mm.
The tube has a Luer connection, an
atraumatic (flexible) tip and 2 golden
93
International Trade Compliance November 2014
9018 39 00
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of
CN codes 9018 and 9018 39 00.
Due to its objective characteristics, namely
the combination of the balloon, the atraumatic tip, the golden marker bands and the Luer
connection, the tube can, upon presentation,
be identified as an instrument or appliance
of Chapter 90, used in medical sciences.
Classification under heading 9021 is excluded as the tube is not implanted in the body
to compensate for a defect or disability but it
is removed after treatment.
The product is therefore to be classified under CN code 9018 39 00 as catheters (see
also the Harmonized System Explanatory
Baker & McKenzie
Commission
Implementing
Regulation
Description of the goods
Classification (CN
code)
Reasons
Notes (HSEN) to heading 9018, Group (I)).
marker bands.
The Luer connection makes it possible to connect the tube to an inflating
device which is used to inflate the
balloon.
The atraumatic tip is used to move
the catheter via a vein up through the
body into the coronary artery. When
the catheter is on the right place in
the coronary artery, the balloon is
inflated so that the fatty deposits
(atherosclerotic plaque) are pressed
against the wall of the vein. By compressing the plaque, the inside diameter of the vein increases.
The marker bands make it possible to
locate the exact position of the atraumatic tip in the body.
The balloon catheter is removed from
the body and discarded after treatment.
The article is presented in packaging
and is sterilised.
See image 1
2 A plastic curved tube (so-called ‘guide
. catheter’) with an inner diameter
ranging from 1,47 mm to 2,29 mm
and a length of 100 cm with a radiopaque marker and an atraumatic
(flexible) tip.
The article comprises a double interlock knit flat section of stainless steel,
encapsulated in plastic material (PEBA, polyphthalamide (PPA), Nylon)
and it has a lubricant coating applied
to the silicon inner surface of the
guide catheter.
The guide catheter enables access to
the coronary artery through a vein.
Other appliances can be directed by
this guide catheter to the artery.
The radiopaque marker makes it possible to locate the exact position of
the atraumatic tip in the body.
The guide catheter is removed from
the body and discarded after treatment.
The article is presented in packaging
and is sterilised.
See image 2
94
International Trade Compliance November 2014
9018 39 00
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of
CN codes 9018 and 9018 39 00.
Due to its objective characteristics, namely
the combination of the curve, the radiopaque
marker, the atraumatic tip and the lubricant
coating, the tube can, upon presentation, be
identified as an instrument or appliance of
Chapter 90, used in medical sciences.
Classification under heading 9021 is excluded as the tube is not implanted in the body
to compensate for a defect or disability but it
is removed after treatment.
The product is therefore to be classified under CN code 9018 39 00 as catheters (see
also the HSEN to heading 9018, Group (I)).
Baker & McKenzie
Commission
Implementing
Regulation
Description of the goods
3 A flexible metal wire (so-called ‘guide
. wire’) with a diameter of 0,35 mm, a
length ranging from 180-300 cm, two
radiopaque markers and a rounded
tip.
Classification (CN
code)
9018 39 00
Reasons
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of
CN codes 9018 and 9018 39 00.
Due to its objective characteristics, namely
the combination of the design and the radiopaque markers, the wire can, upon presentation, be identified as an instrument or appliance of Chapter 90, used in medical sciences.
The wire is made of a metal alloy for
biomedical use, with a proximal coating of PTFE and a distal coating of
silicone or hydrophilic material.
The radiopaque markers make it possible to locate the exact position of
the wire in the body.
Classification under heading 9021 is excluded as the wire is not implanted in the body to
compensate for a defect or disability but it is
removed after treatment.
The wire is used for guiding and positioning devices for interventions in the
coronary artery.
The product is therefore to be classified under CN code 9018 39 00 as wire guides (see
also the HSEN to heading 9018 Group (I)).
The guide wire is removed from the
body and discarded after treatment.
The article is presented in packaging
and is sterilised.
See image 3
4 A hand-operated inflation device
. made of high-strength polycarbonate,
equipped with a manometer and a
volume scale. It has a high pressure
hose connection (Luer-type) and can
inflate, with precise pressure adjustments, up to 20 atmospheres (atm).
The device is to be used in a medical
environment for the inflation and deflation of balloon catheters.
The manometer is used for monitoring the pressure inside the balloon
catheter when inflating or deflating
and during surgery.
The volume scale indicates the
amount of liquid (maximum 20 ml)
that is, by means of pressure, inserted into the catheter and also the
amount of liquid that flows back freely
as the balloon deflates.
The Luer connection makes it possible to connect the inflation device to
the balloon catheter.
The device is for single patient use
only and is discarded after treatment.
The article is presented in packaging
and is sterilised.
See image 4
95
International Trade Compliance November 2014
9018 90 84
Classification is determined by general rules
1 and 6 for the interpretation of the Combined Nomenclature and by the wording of
CN codes 9018, 9018 90 and 9018 90 84.
As a small amount of liquid is inserted into
the catheter by means of pressure, but then
flows back freely, the device does not raise
or otherwise continuously displace volumes
of liquids (see the HSEN to heading 8413,
first paragraph). Consequently, classification
under heading 8413 as pumps for liquids is
excluded.
Due to its objective characteristics, namely
the combination of the design, the precise
pressure adjustments, the small amount of
liquid used and the Luer-type connection,
the article can, upon presentation, be identified as an instrument or appliance of Chapter 90, used in medical sciences (see also
the HSEN to heading 9018, fifth paragraph).
Classification under heading 9021 is excluded as the article is not worn, carried or implanted in the body to compensate for a defect or disability.
The product is therefore to be classified under CN code 9018 90 84 as other instruments and appliances used in medical, surgical, dental or veterinary sciences.
Baker & McKenzie
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. №
Commodity
Action
337–TA–884
Certain consumer electronics with display
and processing capabilities
.
Commission determination not to review an initial determination
granting intervenor status to Google, Inc.
337–TA–890
Certain sleep-disordered breathing treatment systems and components thereof
Commission determination to review in part a final initial determination finding a violation; schedule for filing written submissions on
the issues under review and on remedy, the public interest and
bonding
337–TA–895
337–TA–906
337–TA–919
337–TA–922
337–TA–925
337–TA–932
337–TA–933
337–TA–934
Certain multiple mode outdoor grills and
Notice of request for statements on the public interest
parts thereof
Certain standard cell libraries, products containing or made using the same, integrated Commission decision not to review an initial determination termicircuits made using the same, and products nating the investigation; termination of the investigation
containing such integrated circuits
Commission determination not to review an initial determination
Certain archery products and related marfinding respondent Ningbo Topoint Outdoor Sports Co., Ltd., to be
keting materials
in default; request for written submissions on remedy, the public
interest, and bonding
Commission’s determination not to review an initial determination
Certain devices containing non- volatile
granting complainants’ motion to amend the complaint and notice
memory and products containing the same
of investigation
Notice of correction concerning a Commission determination not to
Certain communications or computing
review an initial determination granting intervenor status to
devices and components thereof
Google, Inc.
Certain consumer electronics and display
Institution of investigation based on a complaint filed on behalf of
devices with graphics processing and
NVIDIA Corporation alleging patent infringement
graphics processing units therein
Institution of investigation based on a complaint filed on behalf of
Certain stainless steel products, certain proValbruna Slater Stainless, Inc.; Valbruna Stainless Inc.; and Accesses for manufacturing or relating to same
ciaierie Valbruna S.p.A. of Italy alleging misappropriation of trade
and certain products containing same
secrets
Institution of investigation based on a complaint filed on behalf of
Certain dental implants
Nobel Biocare Services AG and Nobel Biocare USA, LLC for patent infringement
In addition to the above actions, the ITC has published notices indicating that it
has received complaints filed on behalf of the following companies alleging violations of §337 with regard to the listed commodities and soliciting comments on
any public interest issues raised by the complaints:
Ref. №
96
Commodity
DN 3033
Certain dental implants
DN 3032
Certain Personal Transporters, Components Thereof, and
Manuals Therefor
International Trade Compliance November 2014
Complaint filed on behalf of:
Nobel Biocare Services AG and Nobel Biocare
USA, LLC
Segway, Inc. and DEKA Products Limited Partnership
Baker & McKenzie
Ref. №
Commodity
Complaint filed on behalf of:
DN 3035
Certain Footwear Products
DN 3036
Certain Windshield Wipers and Components Thereof
Converse Inc.
Valeo North America, Inc. and Delmex de Juarez
S. de R.L.de C.V.
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 №
Merchandise/Country
C–533–844 Certain lined paper products from India
C–570–978 High pressure steel cylinders from China
C–570–995 Grain-oriented electrical steel from China
Grain-oriented electrical steel from the RusA–821–821
sian Federation
A–580–871 Grain-oriented electrical steel from S. Korea
A–570–994 Grain-oriented electrical steel from China
A–552–801 Certain frozen fish fillets from Vietnam
A–570–977 High pressure steel cylinders from China
A–427–818 Low enriched uranium from France
A–533–857
A–580–870
Certain oil country tubular goods from India, S.
A–583–850
Korea, Taiwan, Turkey, and Vietnam
A–489–816
A–552–817
A–570–848 Freshwater crawfish tail meat from China
A–570–924
Polyethylene terephthalate film, sheet, and
strip from China
A–552–801 Certain frozen fish fillets from Vietnam
A–533–843 Certain lined paper products from India
C–533–844 Certain lined paper products from India
A–583–844
Narrow woven ribbons with woven selvedge
from Taiwan
A–533–840 Certain frozen warmwater shrimp from India
Certain new pneumatic off-the-road tires from
China
Narrow woven ribbon with woven selvedge
A–570–952
from China
A–570–912
97
International Trade Compliance November 2014
Action
Final results of changed circumstances review
Rescission of CVD administrative review; 2013
Final affirmative CVD determination
Final determination of sales at LTFV and final affirmative determination of critical circumstances
Final determination of sales at LTFV
Final determination of sales at LTFV
Initiation of ADD new shipper review; 2013–2014
Rescission of ADD administrative review; 2013–2014
Preliminary results of changed circumstances review
Notice of correction to the ADD orders with respect to Turkey and
Vietnam
Preliminary results of ADD administrative review and new shipper
review; 2012–2013
Notice of court decision not in harmony with final results of administrative review and notice of amended final results of administrative review pursuant to court decision
Final results of expedited second sunset review of the ADD order
Notice of partial rescission and preliminary results of ADD administrative review; 2012– 2013
Preliminary results of CVD administrative review; calendar year
2012
Preliminary results of ADD administrative review; 2012–2013
Initiation and preliminary results of ADD changed circumstances
review
Preliminary results of ADD administrative review; 2012–2013
Final results of administrative review; 2012–2013
Baker & McKenzie
United States Department of Commerce, International Trade Administration (ITA)
Case №
Merchandise/Country
C–583–852 Non-oriented electrical steel from Taiwan
C–570–997 Non-oriented electrical steel from China
C–580–873 Non-oriented electrical steel from S. Korea
A–428–843
A–588–872 Non-oriented electrical steel from Germany,
A–570–996 Japan, China, and Sweden
A–401–809
A–583–851 Non-oriented electrical steel from Taiwan:
A–580–872 Non-oriented electrical steel from S. Korea
A–570–882 Refined brown aluminum oxide from China
A–570–981 Utility scale wind towers from China
Certain frozen warmwater shrimp from ThaiA–549–822
land
C–570–955 Certain magnesia carbon bricks from China
A–570–831 Fresh garlic from China
A–570–831
C–570–999
A–580–839
A–570–998
A–580–874
A–557–816
A–523–808
A–583–854
A–552–818
A–570–900
Wooden bedroom furniture from China
1,1,1,2 Tetrafluoroethane from China
Certain polyester staple fiber from S. Korea
1,1,1,2-Tetrafluroethane from China
Certain steel nails from S. Korea, Malaysia,
Oman, Taiwan, and Vietnam
Diamond sawblades and parts thereof from
China
A–570–983 Drawn stainless steel sinks from China
A–469–805 Stainless steel bar from Spain
A–570–831 Fresh garlic from China
Action
Final affirmative CVD determination
Final affirmative CVD determination and final affirmative critical
circumstances determination
Final negative CVD determination and final negative critical circumstances determination
Final affirmative determinations of sales at LTFV and final affirmative determinations of critical circumstances, in part
Final determination of sales at LTFV
Final determination of sales at LTFV and negative final determination of critical circumstances
Continuation of ADD order
Notice of rescission of ADD administrative review; 2013–2014
Notice of correction to the final results of the 2012-2013 ADD administrative review
Final results and final rescission, in part, of CVD administrative
review; 2012
Final results of the semiannual ADD new shipper review of
Jinxiang Merry Vegetable Co., Ltd. and Cangshan Qingshui Vegetable Foods Co., Ltd.; 2012-2013
Partial rescission of ADD administrative review
Final affirmative CVD determination
Preliminary results of changed circumstances review
Final determination of sales at LTFV
Postponement of preliminary determination of ADD investigations
Court decision not in harmony with final results of sunset review,
notice of rescission of sunset review, and advance notification of
new sunset review
Notice of court decision not in harmony with final determination of
ADD investigation
Final results of ADD administrative review; 2012-2013
Initiation of changed circumstances review
United States International Trade Commission (USITC)
Case №
731–TA–753, 754,
and 756
701–TA–457
731–TA–1022
701–TA–523
731–TA–1259
98
Merchandise/Country
Cut-to-length carbon steel plate from
China, Russia, and Ukraine
Certain tow-behind lawn groomers
and parts thereof from China
Action
(Third Review) Institution of five-year reviews
(Review) Notice of termination of five year review
(Second Review) Determination that revocation of the ADD order
would be likely to lead to continuation or recurrence of material
injury to an industry in the US within a reasonably foreseeable time
Boltless steel shelving units prepack- (Preliminary) Determinations that there is a reasonable indication
aged for sale from China
that an industry in the United States is materially injured by reason
Refined brown aluminum oxide from
China
International Trade Compliance November 2014
Baker & McKenzie
United States International Trade Commission (USITC)
Case №
Merchandise/Country
701–TA–524-525
731–TA–1260-1261
Certain welded line pipe from Korea
and Turkey
Action
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) Institution of AD and CVD investigations and scheduling of preliminary phase investigations
Canadian International Trade Tribunal (CITT)
Ref. №
Merchandise/Country
Action
Certain fasteners originating in or exported from China and
Chinese Taipei
Certain fasteners originating in or exported from China and
RR-2014-001
Chinese Taipei
Oil country tubular goods originating in or exported from ChiPI-2014-002 nese Taipei, India, Indonesia, The Philippines, S. Korea, Thailand, Turkey, Ukraine and Vietnam
Certain fasteners originating in or exported from China and
RR-2014-001
Chinese Taipei
RR-2014-001
Order – expiry review
Order – expiry review
Preliminary determination of injury -statement
of reasons. Corrigendum issued 10-06-14
Order – expiry review
Canada Border Services Agency (CBSA)
Ref. Number
Merchandise/Country
Action
RR-2014-002
4214-25
Certain hot-rolled steel plate originating
in or exported from Ukraine
Expiry review decision - Statement of reasons
RR-2014-003
Oil country tubular goods originating in
or exported from China
Expiry review decision: Determination that the expiry of the finding:is likely to result in the continuation or resumption of dumping
and subsidizing
Mexico - Ministry of Economy
Ref. №
Merchandise/Country
16/13
Ferro silicomanganese originating in Ukraine, regardless of
country of origin
09/14
11-14
09/13
21/13
99
Epoxidized soybean oil, originating in Argentina, regardless
of the country of origin
Children’s bicycles originating in the People’s Republic of
China, regardless of the country of origin
Steel plate sheet, originating in China, regardless of the
country of origin
Steel stainless steel sinks, originating in China, regardless
of the country of origin
International Trade Compliance November 2014
Action
Final resolution end of the examination of effectiveness
of the antidumping duty imposed on imports of. This
merchandise entered for tariff item 7202.30.01 of the
Tariff Law of the General Taxes of Import and Export
Resolution accepting the request of an interested party
and declaring the start of the ADD investigation
Resolution accepting the request of an interested party
and declaring the start of the ADD investigation
Final resolution
Preliminary resolution AD investigation
Baker & McKenzie
NAFTA Panels
Ref. Number
Merchandise/Country
USA–MEX–2014–1904–01
Steel concrete reinforcing
bar from Mexico
Action
Notice of first request for panel review of Commerce final determination of sales at LTFV and final affirmative determination of
critical circumstances; July 1, 2012–June 30, 2013
European Union
Ref. Number
2014/C 347/06
2014/C 350/09
2014/C 350/10
2014/C 354/13
(EU) № 1269/2012
2014/C 371/10
2014/C 371/11
2014/C 371/12
2014/C 374/04
Merchandise/Country
Certain seamless pipes and tubes of
iron or steel originating in China
Certain aluminium foils originating in
Brazil and China
Certain aluminium foil originating in
Armenia
Certain aluminium foils originating in
Russia
Action
Notice of initiation of an expiry review of the AD measures
Notice of initiation of an expiry review of the AD measures
Notice of the expiry of certain anti-dumping measures on 7 October 2014
Notice of initiation of an AD proceeding
Corrigendum to Council Implementing Regulation amending ImCertain seamless steel pipes, of iron or
plementing Regulation imposing a definitive ADD following a parsteel, originating, inter alia, in Russia
tial interim review
Silicon from China; S. Korea and TaiNotice of the impending expiry of certain anti-dumping measures
wan
on 30 May 2015
Certain cargo scanning systems from
Notice of the impending expiry of certain anti-dumping measures
China
on 17 June 2015
Certain molybdenum wires from China Notice of the impending expiry of certain anti-dumping measures
and Malaysia
on 17 June 2015
Sodium cyclamate from China and InNotice of the impending expiry of certain anti-dumping measures
donesia
on 9 June 2015
Australian Anti-Dumping Commission
Ref. №
2014/93
2014/94
2014/95
2014/96
2014/98
2014/101
2014/102
2014/103
2014/104
2014/107
2014/108
2014/111
2014/115
100
Merchandise/Country
Certain hollow structural steel from China
Certain hollow structural steel from S. Korea
Tomato products, prepared or preserved from
Italy
Tomato products, prepared or preserved from
Italy
Hot rolled structural steel sections from Japan,
Korea, Taiwan and Thailand
Deep drawn stainless steel sinks from China
Quenched and tempered steel plate from Finland, Japan and Sweden
Various
Aluminium extrusions from China
Geosynthetic clay liners from Germany
Silicon metal from China
Aluminium extrusions from China
Deep drawn stainless steel sinks from China
International Trade Compliance November 2014
Action
Initiation of a review
Initiation of a review
Initiation of accelerated review (Consorzio Casalasco Del Pomodoro S.A.C)
Termination of accelerated review (Coppola)
Extension of time to issue final report
Extension of time to issue SEF
Extension of time to issue final report
Status report at 30 September 2014
Extension of time to issue SEF
Expiry of Anti-Dumping Measures
Extension of time to issue SEF
Extension of time to issue Final Report
Amendment of Securities
Baker & McKenzie
China Ministry of Commerce (MOFCOM) and General Administration of Customs
Ref. №
62, 2014
63, 2014
67, 2014
64, 2014
GAC 72,
2014
Merchandise/Country
Polyamide 6,6 sliced from the United States,
Italy, Britain, France and Taiwan's
Polyvinyl chloride originating in the USA, S.
Korea, Japan, Russia and Taiwan region
Grain-oriented electrical steel from USA and
Russia
Nylon 6 chips originating in the USA, EU, Russia and Taiwan
polyamide 6,6 slices originating in the United
States, Italy, Britain, France and Taiwan,
Action
Final review investigation AD measures determined that termination of ADD could lead to recurrence of dumping and injury
Final review investigation announcement
ADD and CVD (USA) will expire on April 10, 2015
AD measures
Final review of ADD continue to levy ADD
Government of India Ministry of Finance (Department of Revenue)
Reference
Merchandise/Country
Action
None issued in October 2014
Argentina Ministry of Economy and Public Finance - National Commission of Foreign Trade
Ref. Number
Res 608/2014
Dis. № 20/2014
Merchandise/Country
Glasses, cups and glass jars (other than ceramic) originating in China and Brazil
Various cases
Action
Changed circumstances
List of measure expiring
Brazil Ministry of Development, Industry and Trade
Reference
CAMEX Res. № 89
SECEX Cir. № 59
SECEX Cir. № 60
SECEX Cir. № 62
SECEX Cir. № 63
101
Merchandise/Country
Action
Super-calendared paper, from the USA and
Extending the definitive anti-dumping duty for a period of
Finland
five (5) years
Polymeric MDI from Germany, Belgium, Spain,
Hungary, Portugal, the Netherlands and South Preliminary affirmative determination of dumping
Korea.
Extends for up to six months, from October 14, 2014, the
Galvanized wires originating in Sweden.
deadline for completion of the investigation of dumping,
injury to domestic and causal relationship between these
Extends for up to eight months, from October 16, 2014,
Biaxially oriented polypropylene film (BOPP), no
the deadline for completion of the investigation of
printing presses, originating in Argentina, Chile,
dumping, injury to domestic and causal relationship
Peru, Colombia, India and Chinese Taipei.
between these
Extends for up to three months, from October 22, 2014,
Heavy plates, (NCM 7208.51.00 and
the deadline for completion of the anticircunvention
7208.52.00's), from China and Ukraine.
review to determine the existence of dumping measures
applied to Brazilian imports of
International Trade Compliance November 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
[email protected]
Customs
Terrie A. Gleason
Washington, D.C., USA
+1 (202) 452- 7030
[email protected]
Export Controls and Sanctions
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
Opportunity to Request Administrative Review
In an October 1, 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 October anniversary dates:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidumping duty proceedings
Australia: Electrolytic Manganese Dioxide
A–602–806
Brazil: Carbon and Certain Alloy Steel Wire Rod
A–351–832
Indonesia: Carbon and Certain Alloy Steel Wire Rod
A–560–815
Italy: Pressure Sensitive Plastic Tape
A–475–059
Mexico: Carbon and Certain Alloy Steel Wire Rod
A–201–830
Moldova: Carbon and Certain Alloy Steel Wire Rod
A–841–805
S. Korea: Polyvinyl Alcohol
A–580–850
The PR of China: Barium Carbonate
A–570–880
Barium Chloride
A–570–007
Electrolytic Manganese Dioxide
A–570–919
Helical Spring Lock Washers
A–570–822
Polyvinyl Alcohol
A–570–879
Steel Wire Garment Hangers
A–570–918
Trinidad and Tobago:
Carbon and Certain Alloy Steel Wire Rod
A–274–804
Countervailing Duty Proceedings
Brazil: Carbon and Certain Alloy Steel Wire Rod
C–351–833
Iran: Roasted In Shell Pistachios
C–507–601
Suspension Agreements
Russian Federation: Uranium
A–821–802
Period
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
10/1/13–9/30/14
1/1/13–12/31/13
1/1/13–12/31/13
10/1/13–9/30/14
Initiation of Sunset Reviews
In an October 1, 2014, Federal Register notice, the US Department of Commerce
advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and/or countervailing duty orders listed below.
AD/CVD
DOC Case
No.
A–570–849
A–821–808
A–823–808
ITC Case
No.
Country
731–TA–753 China
731–TA–754 Russia
731–TA–756 Ukraine
Merchandise
rd
Certain Cut-to-Length Carbon Steel Plate (3 Rev.)
rd
Certain Cut-to-Length Carbon Steel Plate (3 Rev.)
rd
Certain Cut-to-Length Carbon Steel Plate (3 Rev.)
Advance Notification of Sunset Reviews
In an October 1, 2014, Federal Register notice, the US Department of Commerce
advised that the following cases were scheduled for five-year (“Sunset”) reviews
for November.
[email protected]
AD/CVD Proceedings - Merchandise/Country
Case No.
Antidumping duty proceedings
nd
Prestressed Concrete Steel Wire Strand from Brazil
A–351–837 (2 Review)
nd
Tetrahydrofurfuryl Alcohol from China
A–570–887 (2 Review)
st
Commodity Matchbooks from India
A–533–848 (1 Review)
nd
Prestressed Concrete Steel Wire Strand from India
A–533–828 (2 Review)
102
International Trade Compliance November 2014
Baker & McKenzie
AD/CVD Proceedings - Merchandise/Country
Case No.
th
Prestressed Concrete Steel Wire Strand from Japan
A–588–068 (4 Review)
nd
Prestressed Concrete Steel Wire Strand from Mexico
A–201–831 (2 Review)
nd
Prestressed Concrete Steel Wire Strand from S. Korea
A–580–852 (2 Review)
nd
Prestressed Concrete Steel Wire Strand from Thailand
A–549–820 (2 Review)
Countervailing Duty Proceedings
st
Commodity Matchbooks from India
C–533–849 (1 Review)
nd
Prestressed Concrete Steel Wire Strand from India
C–533–829 (2 Review)
Suspended Investigations
No Sunset Review of suspended investigations is scheduled for initiation in November
2014.
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103
International Trade Compliance November 2014