Agenda_WP328773_VReynolds_London_w table
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Agenda_WP328773_VReynolds_London_w table
International Trade Compliance (Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption) Newsletter January 2014 | Update www.internationaltradecomplianceupdate.com 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. As a general rule fisheries and fishing matters are not covered in the Update. In This Issue: 2014 International Trade Compliance Webinar Series World Trade Organization (WTO) Global Trade and the Global Supply Chain: Key Issues for 2014 World Customs Organization (WCO) Other International Matters The Americas - Central America The Americas - North America The Americas - South America Asia-Pacific Europe Africa Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications Join us for our 2014 International Trade Compliance Webinar Series. Our focus this year will be on “Global Trade and the Global Supply Chain: Key Issues for 2014.” We expect this year to be an exciting year, with many developments on the trade regulation side. We will start our series with a discussion of FCPA enforcement trends, compliance practices and management of third parties. We will also conduct several webinar sessions that will focus on voluntary self disclosures in the export context and country of origin, valuation and used goods in the Customs context. We will also have sessions on major trade agreements and new environmental obstacles for placing products in EU, Russian/CIS and Asian markets. Terrie Gleason of our Washington DC office, Co-Chair of the Global Customs Practice, will moderate these webinars (unless otherwise noted). • Tuesday, January 14 FCPA Enforcement Trends – US, EU and Asia - Speakers: Joan Meyer (Washington, DC), Maria McMahon (Washington, DC), Sunny Mann (London) and Michelle Gon (Shanghai) • Tuesday, February 11 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) • Tuesday, March 11 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) • Tuesday, April 15 Country of Origin Rules for Marking and Government Procurement Purposes – US, EU and China - Speakers: Stuart Seidel (Washington, DC), Holly Files (Washington, DC), Jasper Helder (Amsterdam) and William Marshall (Hong Kong) • Tuesday, May 20 Product-Related Environmental Restrictions and Compliance EU, Russia/CIS and Asia - Speakers: Ulrich Ellinghaus (Frankfurt), Alexander Bychkov (Moscow) and Speaker TBD • Tuesday, June 17 The Comprehensive Economic and Trade Agreement (CETA), The Transatlantic Trade and Investment Partnership (TTIP) and The Trans-Pacific Partnership (TPP) - Speakers: Paul Burns (Toronto), Diane MacDonald (Chicago) and Fred Burke (Ho Chi Minh City) • Tuesday, July 22 Import and Export of Used and/or Refurbished Goods in Asia Speakers: Eugene Lim (Singapore), Chen Ying (Hong Kong), Daisuke Tatsuno (Tokyo) and Panya Sittisakonsin (Bangkok) CBP Rulings: Downloads and Searches CBP Rulings: Revocations or Modifications European Classification Regulations Amendments to the CN Explanatory Notes Section 337 Actions Antidumping, Countervailing Duty and Safeguard Investigations, Orders & Reviews Editor of International Trade Compliance Update Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. All webinars will begin at 11:00 AM EST (US) and are scheduled to run approximately 90 minutes. Login details will be sent about one week before each webinar. If you reside in a different time zone and wish to verify your time - please click on the following link: www.timeanddate.com. Baker & McKenzie We hope you will participate in and enjoy this webinar series! If you have any questions regarding this webinar series, please contact: Sal Gonzalez, Marketing Coordinator, Tel: +1 202 835 1661 MCLE Credit Each of the webinars in the series will have the following CLE credits available: 1.5 general CLE credit for California, Illinois, New York, and Texas. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/09-12/11/12 (12/12/12- 12/11/15 renewal pending). Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This non-transitional program is not appropriate for newly admitted New York attorneys. CES, CCS Credit These courses have been approved for CES and CCS credit by the National Customs Brokers & Forwarders Association of America, Inc. You’re invited! 2014 ICPA Conference The Spring 2014 Conference of the International Compliance Professionals Association (ICPA) will be held in Orlando, Florida (Disney Coronado Springs Resort, Lake Buena Vista, Florida). See the ICPA website for the Agenda. There will be import, export and general track sessions. Registration and opening reception will be on Sunday, March 23. Substantive sessions are on Monday, March 24 through Wednesday, March 26 with post-conference workshops on Thursday, March 27. Terrie Gleason of Baker & McKenzie’s Washington, D.C. office and Adriana Ibarra from the Baker & McKenzie Mexico City office will be speaking. The cost is $695 for Members/$825 for Non-members. Full conference registration cost includes admission to sessions, meals during the event and conference materials. One-day passes are also available at $300 each. For additional information, please contact Ann Lister at [email protected]. Cross-Border Transactions – Webinar Series As leaders in cross-border M&A, Baker & McKenzie has a number of practical insights on how to structure transactions that manage a patchwork of jurisdictions, regulatory environments and business cultures. To share these insights, we have developed a webinar series for in-house counsel, directors and CFOs focused on opportunity and risk in such transactions. All webinars will held on the second Tuesday of the month at 1:00 pm (ET), 10:00 am (PT). The series kicks off with: January 14th: China M&A: Seizing Opportunities Today China remains the world’s most rapidly growing market and cross-border M&A involving China is expected to increase in 2014. During our second webinar in Baker & McKenzie’s series, we will identify best practices to anticipate and overcome challenges in cross-border transactions involving China in order to help maximize today’s opportunities. By focusing on goals, risks and best practices, we will offer practical tips to plan and execute a successful acquisition in this market. Speakers: Bing Ho, Head of U.S./China M&A, Baker & McKenzie (Chicago/ Shanghai) and Cherrie Shi, Special Counsel, Baker & McKenzie (Shanghai) CLE & CPE Credit Available For remaining Cross-Border Transactions webinars, please see page 92. 2 International Trade Compliance January 2014 Baker & McKenzie World Trade Organization (WTO) Round-the-clock consultations produce ‘Bali Package’ On 7 December 2013, the WTO announced that the WTO’s Bali Ministerial Conference concluded a day later than scheduled on 7 December 2013 with agreement on a package of issues designed to streamline trade, allow developing countries more options for providing food security, boost least developed countries’ trade and help development more generally. This is the first time in its almost 20-year history that the WTO reached a fully multilateral agreement. The WTO said that in addition to the Bali Package, ministers formally adopted a number of more routine decisions at the end of a five-day meeting which also saw Yemen accepted as a new member (see below). According to the announcement, the deal on the Bali Package was struck after intensive consultations almost round the clock from Wednesday 4 December until the early hours of Friday 6 December, followed by overnight meetings of heads of all delegations the following night. The Bali Package has sometimes been described as the first major agreement among WTO members since it was formed in 1995 under agreements from the 1986-94 Uruguay Round negotiations. The most significant for global commerce is the trade facilitation part of the package, which is about cutting red tape and speeding up port clearances. Much of the rest of the package focuses on various issues related to development, including food security in developing countries and cotton and a number of other provisions for least developed countries. The package also includes a political commitment to reduce export subsidies in agriculture and keep them at low levels, and to reduce obstacles to trade when agricultural products are imported through quotas. These are the Bali Ministerial Declaration and the ministerial decisions that were adopted on 7 December 2013. • WT/MIN(13)/DEC The Bali Ministerial Declaration The declaration refers to the following decisions adopted by ministers: Part I — Regular Work Under The General Council 3 • TRIPS Non-violation and Situation Complaints — Ministerial Decision — WT/MIN(13)/31 — WT/L/906 • Work Programme on Electronic Commerce — Ministerial Decision — WT/MIN(13)/32 — WT/L/907 • Work Programme on Small Economies — Ministerial Decision — WT/MIN(13)/33 — WT/L/908 • Aid for Trade — Ministerial Decision — WT/MIN(13)/34 — WT/L/909 • Trade and Transfer of Technology — Ministerial Decision — WT/MIN(13)/35 — WT/L/910 International Trade Compliance January 2014 Baker & McKenzie Part II — Doha Development Agenda Trade Facilitation • Agreement on Trade Facilitation — Ministerial Decision — WT/MIN(13)/36 — WT/L/911 Agriculture • General Services — Ministerial Decision — WT/MIN(13)/37 — WT/L/912 • Public Stockholding for Food Security Purposes — Ministerial Decision — WT/MIN(13)/38 — WT/L/913 • Understanding on Tariff Rate Quota Administration Provisions of Agricultural Products, as Defined in Article 2 of the Agreement on Agriculture — Ministerial Decision — WT/MIN(13)/39 — WT/L/914 • Export Competition — Ministerial Declaration — WT/MIN(13)/40 — WT/L/915 Cotton • Cotton — Ministerial Decision — WT/MIN(13)/41 — WT/L/916 Development and LDC issues • Preferential Rules of Origin for Least-Developed Countries — Ministerial Decision — WT/MIN(13)/42 — WT/L/917 • Operationalization of the Waiver Concerning Preferential Treatment to Services and Service Suppliers of Least-Developed Countries — Ministerial Decision — WT/MIN(13)/43 — WT/L/918 • Duty-Free and Quota-Free Market Access for Least-Developed Countries — Ministerial Decision — WT/MIN(13)/44 — WT/L/919 • Monitoring Mechanism on Special and Differential Treatment — Ministerial Decision — WT/MIN(13)/45 — WT/L/920 Yemen’s accession package approved On 4 December 2013, the WTO announced that on the second day of the WTO Bali Ministerial meeting, members formally approved Yemen’s accession package, welcoming Yemen as a new WTO member, once its Parliament ratifies the accession package. WTO Director-General Azevêdo congratulated the Yemen government for the domestic reforms it is undertaking after 13 years to finally become a WTO member. A number of legislative and institutional reforms have been carried out to prepare for accession and will continue in some sectors as agreed with WTO members. th The Republic of Yemen will be the 35 least developed country in the WTO and th the 160 member. Yemen’s Industry and Trade Minister Sa’aduddin Bin Taleb expressed his country’s gratitude and excitement at finally becoming a WTO member. According to a statement released by the European Commission welcoming Yemen: In accordance with guidelines adopted by the WTO General Council on the accession of Least Developed Countries, WTO members have exercised restraint in seeking 4 International Trade Compliance January 2014 Baker & McKenzie concessions and commitments. The average most-favoured-nation tariff rate applied on industrial goods is around 20% and on agricultural goods 26% of the price. Yemen’s schedule of specific commitments in services is satisfactory considering its LDC status. Yemen’s major trading partners are China and, to a lesser extent, the United Arab Emirates, India, Thailand and the EU. Yemen benefits from a duty-free quotafree access to the EU market under the Generalised System of Preferences. The Yemeni Parliament will have six months, until 2 June 2014, to ratify its accession package. It will then inform the WTO and 30 days later it will officially become a member. 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 № DS471 DS472 DS473 Case Name Date United States — Certain Methodologies and their Application to AntiDumping Proceedings Involving China (Complainant: China) Brazil alleged discriminatory tax advantages in the automotive sector; the electronics and related sectors; with regard to goods produced in Free Trade Zones, and tax advantages for Exporters (Complainant: EU) Request for consultations Anti-dumping measures imposed by the European Union on biodiesel from Argentina (Complainant: Argentina) Request for consultations 06-12-13 19-12-13 20-12-13 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 № DS397 DS464 Case Name EU — Definitive anti-dumping measures on certain iron and steel fasteners from China US — Anti-dumping and countervailing measures on large residential washers from Korea Activity Date Compliance panel established US did not agree to first request for a panel 18-12-13 World Customs Organization (WCO) Documents from 52nd HSC Session in September 2013 posted. The WCO has posted the final documents produced by the 52 tem Committee session in September 2013. These are: 5 nd Harmonized Sys- • Amendments to the Compendium of Classification Opinions • Classification Rulings – HS Committee 52nd Session • Amendments to the Harmonized System Explanatory Notes International Trade Compliance January 2014 Baker & McKenzie Other International Matters Transatlantic Trade and Investment Partnership (TTIP) Third round kicks off in Washington DC The European Commission and the Office of the US Trade Representative (USTR) reported that a third round of EU-US trade talks kicked off in Washington DC on Monday, December 16, 2013. The talks will help pave the way for a future Transatlantic Trade and Investment Partnership (TTIP). An EU-commissioned study by independent think tank CEPR suggests the deal could boost the EU economy by up to €120bn a year. Negotiators will again focus on a broad range of issues, including: services, government procurement, energy and raw materials, sanitary and phytosanitary barriers, intellectual property rights, labor and trade issues, textiles, small- and medium-sized enterprises, regulatory coherence, and sectoral regulatory approaches. The talks should allow European Trade Commissioner De Gucht and USTR Amb. Froman to take stock of progress when they next meet - currently set for February 2014. Both sides will also start to prepare their respective offers on goods, services and procurement. These set out in detail what each will do to: • cut its customs tariffs on goods imported from the other side; • open up its market in services to the other side’s companies; • enable the other side’s companies to bid for potentially lucrative government contracts in the same way as it does to domestic firms. Stakeholder outreach - In tandem with next week’s talks, the US Trade Representative will host a meeting of labour, environmental and consumer action groups in Washington DC on December 18, 2013. Registration for the event is now closed. Footage from the discussions will be available soon afterwards on the Commission’s dedicated TTIP webpage and USTR TTIP page. International Chamber of Commerce Certificate of Origin experts meet in Paris to strengthen trade documentation On 10 December 2013, the International Chamber of Commerce (ICC) announced that trade experts from Chambers of Commerce in more than 30 countries met at the ICC Hearing Centre in Paris for the latest in a series of dialogues on recent developments in Certificates of Origin (CO), including electronic certificates of origin (eCOs), the issuance of preferential certificates of origin (PCOs), and Self-Certification. The talks help strengthen cooperation between chambers of commerce, reinforcing the central role of trade documentation in global trade facilitation. For more information visit ICC WCF Certificates of Origin 6 International Trade Compliance January 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 CITES 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: Notif. Date 2013/055 02-12-13 2013/056 06-12-13 2013/057 11-12-13 2013/058 11-12-13 2013/059 18-12-13 2013/060 18-12-13 2013/061 19-1213 2013/062 20-12-13 [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. 2013/063 20-12-13 2013/064 27-12-13 Title Elephant ivory stocks: marking, inventories and security Information to be submitted for the 21st meeting of the Plants Committee and 27th meeting of the Animals Committee Registration of operations that breed Appendix-I animal species in captivity for commercial purposes - Annex: Malaysia Translation of the CITES e-permitting toolkit Pangolins (Manis spp.) Tibetan antelope (Pantholops hodgsonii) Registration of operations that breed Appendix-I animal species in captivity for commercial purposes- Annex: United States of America Tortoises and freshwater turtles (Testudines spp.) Twenty-seventh meeting of the Animals Committee - Annex 1: Registration form - Annex 2: Procedure for the admission of observers from organizations and the private sector to meetings of the Animals Committee - Annex 3: Invitation request for organizations and the private sector - Annex 4: Hotel information Twenty-first meeting of the Plants Committee - Annex 1: Registration form - Annex 2: Procedure for the admission of observers from organizations and the private sector to meetings of the Plants Committee - Annex 3: Invitation request for organizations and the private sector - Annex 4: Hotel information The Americas - Central America Nicaragua Nicaraguan Classification Resolutions (Customs Rulings) The Dirección General de Servicios Aduaneros (Nicaraguan Customs Service) has made the full text of tariff classification resolutions issued from 2004 to the present available on its website. The tariff classification resolutions are based on the common Central American tariff known as Sistema Arancelario Centroamericano. Panama Official Gazette The following documents of interest to international traders (other than food safety standards) were published in the Gaceta Oficial – Digital (Official Gazette – Digital) during the period of coverage: Publication Title Date 04-12-13 Food Safety Authority: Res. № 006 (6 Nov. 2013) Approving Peru’s eligibil7 International Trade Compliance January 2014 Baker & McKenzie Publication Date 06-12-13 Title ity to export bovine milk products (sterile milk concentrate and concentrated sweet milk) to Panama National Customs Authority (NCA): Resolution № 396 (8 Nov. 2013) License to Las Delicias Duty Free № 2 SA, to perform the operations of a liquor store and other non- nationalized goods. Food Safety Standards The following food safety standards (AUPSA-DINAN Decisions) were published by the Food Safety Authority in the Gaceta Oficial – Digital (Official Gazette – Digital) during the period of coverage. [Repealed documents are not shown; unless otherwise specified, food is for human consumption; dates are dd/mm/yy]: Publication Date AUPSA-DINAN № and Date 057-2013, 22-08-13 060-2013, 08-08-13 03-12-13 071-2013, 30-09-13 073-2013, 22-10-13 076-2013, 24-10-13 13-12-13 078-2013 06-11-13 Food and Origin Phytosanitary requirements for Celery (Apium Graveolens) fresh or chilled from Canada Repeal AUPSA-DINAN 008-2012, and establishing import health requirements for flour, and meat or debris “pellets”, greaves, flour, and fish or crustaceans, molluscs or other aquatic invertebrates “pellets”; and other preparations for animal consumption. Import health requirements for preparations of meat from sheep for human consumption, under process of inactivation of important infectious agents Phytosanitary requirements for the import of wheat , genera and species: hard wheat (triticum durum l.) and / or wheat , soft or pan (triticum aestivum) dried beans for human consumption and / or transformation originating in the USA Phytosanitary requirements for importing tomatillos (Physalis Ixocarpa ) fresh for consumption and / or processing , originating in Guatemala Amending Resolution AUPSA-DINAN-122-2008, regarding plant protection requirements for the importation of bulbs onion (allium cepa) fresh or chilled for human consumption, originating in Spain. The Americas - North America Canada Canada amends North Korean sanctions On December 18, 2013, the Canada Gazette published Regulations Amending Certain Regulations Imposing Sanctions on the Democratic People’s Republic of Korea (SOR/2013-219, Nov. 29, 2013) (the latest sanction regulations) pursuant to subsections 4(1) to (3) of the Special Economic Measures Act; and section 2 of the United Nations Act. The latest sanction regulations are necessary (a) for Canada to fulfill its international legal obligation to implement the decisions of the UN Security Council in Resolution 2094 (2013); (b) to give effect to a recommendation of the Standing Joint Committee for the Scrutiny of Regulations; and (c) to eliminate duplication of prohibitions between the Special Economic Measures (Democratic People’s Republic of Korea) Regulations and the Regulations Implementing the United Nations Resolutions on the Democratic Republic of Korea. 8 International Trade Compliance January 2014 Baker & McKenzie The latest sanction regulations will amend the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of North Korea (DPRK) as follows: (a) amend the definitions of “DPRK” and “luxury goods”; (b) prohibit transfers of bulk cash (any amount of currency whose total value is greater than $10,000 in Canadian currency); (c) prohibit the provision of financial services to, from, for the benefit of, or on the direction or order of the DPRK or any person in the DPRK with respect to activities already prohibited under the Regulations; and (d) further elaborate on the prohibition on the provision of services or assistance in relation to arms and related material or resources contributing to the DPRK’s weapons program, namely, to explicitly include brokering or other intermediary services in the class of prohibited services or assistance. Moreover, the addition of section 6.3 to subsection 15.1(1) of the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) is intended to give effect to a change of a technical nature recommended by the Standing Joint Committee for the Scrutiny of Regulations. The Security Council resolutions relevant to the Regulations are available at the UN SC’s 1718 Committee website. This link provides information concerning the work of the 1718 Committee, which oversees the relevant sanctions measures, including listings. The Regulations Amending Certain Regulations Imposing Sanctions on the Democratic People’s Republic of Korea will exempt all activities already prohibited by the Regulations Implementing the United Nations Resolutions on the Democratic Republic of Korea (DPRK) from the scope of the Special Economic Measures (Democratic People’s Republic of Korea) Regulations. Origin and verification regulations for CEFTA, CPTA, and CCOFTA published On December 18, 2013, the Canada Gazette published a series of regulations required to implement certain provisions of its free trade agreements. According to the Regulatory Impact Analysis Statement which accompanied the regulatory packages, in order for the Canada Border Services Agency (CBSA) to administer the customs procedures included in the Canada- European Free Trade Association Free Trade Agreement (CEFTA), the Canada-Peru Free Trade Agreement (CPFTA), and the Canada-Colombia Free Trade Agreement (CCOFTA), minor technical amendments must be made to the Exporters’ and Producers’ Records Regulations, the Free Trade Agreement Advance Rulings Regulations, the Certification of Origin of Goods Exported to a Free Trade Partner Regulations, the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations, the Refund of Duties Regulations, and the Determination, Re-determination and Further Redetermination of Origin, Tariff Classification and Value for Duty Regulations. As part of the negotiations for each for each free trade agreement (FTA), Canada and the EFTA member states, Canada and Peru, and Canada and Colombia, agreed to procedures governing the verification of origin of goods claiming preferential treatment under the CEFTA, the CPFTA, and the CCOFTA, respectively. New regulations are therefore necessary in order to codify into Canadian law the verification of origin procedures agreed to by Canada in each of these FTAs. The new regulations described below were publicly announced by the CBSA in Customs Notices posted on June 29, 2009 (CN09-014 describing the CEFTA), July 30, 2009 (CN09-018 describing the CPFTA), and August 10, 2011 (CN11-013 describing the CCOFTA). Paragraph 167.1(b) of the Customs Act allows regulatory changes that have previously been the subject of a public announcement to 9 International Trade Compliance January 2014 Baker & McKenzie have a retroactive effect; since the implementation dates of the CEFTA, the CPFTA, and the CCOFTA, respectively, the CBSA has therefore been administering these regulations as though the amendments announced in these Customs Notices were already enacted. The amendments described below simply finalize the process begun with the public announcements contained in the Customs Notices, formalizing processes that are already being administered. The amendments and new regulations described above will officially incorporate these FTAs into Canada’s existing regulatory regime. For a detailed discussion of all the amendments, please refer to the Regulatory Impact Analysis Statement which begins on page 2867. The Regulations published on December 18, 2013 are as follows: • CEFTA Verification of Origin of Exported Goods Regulations (SOR/2013-214, Nov. 29, 2013) • CEFTA Verification of Origin of Imported Goods Regulations (SOR/2013-215, Nov. 29, 2013) • CPFTA Verification of Origin Regulations (SOR/2013-216, Nov. 29, 2013) • CCOFTA Verification of Origin Regulations (SOR/2013-217, Nov. 29, 2013) • Regulations Amending the Proof of Origin of Imported Goods Regulations (SOR/2013-218, Nov. 29, 2013) South Sudan granted MFN, GPT and LDCT status On December 18, 2013, the Canada Gazette published amendments to the Canada Customs Tariff schedules which officially extends Most Favoured Nation (MFN), General Preferential Tariff (GPT), and Least Developed Country Tariff (LDCT) treatment to South Sudan, which became an independent country as a result of a referendum on self-determination that was held in January 2011. On December 23, 2012, South Sudan was declared a least developed country by the United Nations (UN). It is general Canadian practice to extend Least Developed Country Tariff (LDCT) treatment under the Customs Tariff to countries on the UN list of least developed countries. The LDCT offers duty-free access on the importation into Canada of all products (with the exception of certain supply-managed agricultural goods), under the Customs Tariff. In order to be eligible for LDCT treatment, South Sudan must first be granted Most-Favoured-Nation Tariff (MFN) and General Preferential Tariff (GPT) treatments. South Sudan already benefits from MFN, GPT, and LDCT tariff preferences as a former part of Sudan. However, now that it has been recognized as independent of Sudan and was declared a least developed country by the UN, it is necessary to officially extend these tariff treatments. 10 • Schedule to the Customs Tariff (Extension of Most-Favoured-Nation Tariff to South Sudan) (SOR/2013-228, Dec. 6, 2013) • Order Amending the Schedule to the Customs Tariff (Extension of General Preferential Tariff to South Sudan) (SOR/2013-229, Dec. 6, 2013) • Order Amending the Schedule to the Customs Tariff (Extension of Least Developed Country Tariff to South Sudan) (SOR/2013-230, Dec. 6, 2013) International Trade Compliance January 2014 Baker & McKenzie Combating Counterfeit Products Act, promises greater intellectual property protection for Canadian brand owners Bill C-8, also known the Combating Counterfeit Products Act (CCPA), was reintroduced in the House of Commons on October 28, 2013, after its predecessor legislation, Bill C-56, died on paper when Parliament was prorogued in September. Bill C-8 has passed its second reading (in principle) and has recently been referred to the Standing Committee on Industry, Science, and Technology. First, the Bill allows owners of copyright and/or trademark rights to work directly with border officials to stop pirated works or counterfeit goods before they enter the Canadian marketplace. Secondly, unrelated to the counterfeit trade, the Bill expands the scope of what can be registered as a trademark, creating the possibility of registering unusual brand elements such as colors or scents. We elaborate on these two developments and their potential benefits for brand owners in our client alert here, written by Christopher Aide and Alexandra Lewis, Baker & McKenzie, Toronto. 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 12-04-13 12-07-13 12-14-13 12-18-13 11 International Trade Compliance January 2014 Title Public safety and Emergency Preparedness: Regulations Amending the Firearms Marking Regulations (SPR/2013-203, Nov. 22, 2013) pursuant to the Firearms Act (R) Environment: Publication after screening assessment of a living organism — Pseudomonas fluorescens (P. fluorescens) strain ATCC 13525 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) Environment: Publication after screening assessment of living organisms — Nitrococcus sp. 16972-7 and Nitrosococcus sp. 16971-6 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) Environment: Publication of final decision after screening assessment of living organisms — Nitrobacter winogradskyi ATCC 25391, Nitrobacter species 18132-6, Nitrobacter species 16969-4, Nitrosomonas europaea ATCC 25978, Nitrosomonas species 16968-3, Nitrosomonas species 18133-7, Rhodopseudomonas palustris ATCC 17001, Rhodopseudomonas species 18136-1 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N) Transport: Proposed Motor Vehicle Safety Act Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 108 and 131) pursuant to the Motor Vehicle Safety Act (PR) Environment: Order 2013-87-10-02 Amending the Non-domestic Substances List pursuant to the Canadian Environmental Protection Act, 1999 (N) Industry: Proposed Regulations Amending the Weights and Measures Regulations (Administrative Monetary Penalties) pursuant to the Weights and Measures Act (PR) Public Safety and Emergency Preparedness: CCOFTA Verification of Origin Regulations (SOR/2013-217, Nov. 29, 2013) pursuant to the Customs Act Public Safety and Emergency Preparedness: CEFTA Verification of Origin of Exported Goods Regulations (SOR/2013-214, Nov. 29, 2013) pursuant to the Customs Act Baker & McKenzie Publication Date 12-21-13 Title Public Safety and Emergency Preparedness: CEFTA Verification of Origin of Imported Goods Regulations (SOR/2013-215, Nov. 29, 2013) pursuant to the Customs Act Public Safety and Emergency Preparedness: Regulations Amending Certain Regulations Made Under the Customs Act (CEFTA, CPFTA and CCOFTA) (SOR/2013-213, Nov. 29, 2013) pursuant to the Customs Act Public Safety and Emergency Preparedness: CPFTA Verification of Origin Regulations (SOR/2013-216, Nov. 29, 2013) pursuant to the Customs Act Environment: — Order 2013-87-10-01 Amending Domestic Substances List (SOR/2013-222, Dec. 12, 2013) pursuant to the Canadian Environmental Protection Act, 1999 Environment: — Order 2013-112-10-01 Amending Domestic Substances List (SOR/2013-223, Dec. 12, 2013) pursuant to the Canadian Environmental Protection Act, 1999 Natural Resources: Explosives Regulations, 2013 (SOR/2013-211, Nov. 27, 2013) pursuant to the Explosives Act International Trade: Regulations Amending the Export Development Canada Exercise of Certain Powers Regulations (SOR/2013-227, Dec. 6, 2013) pursuant to the Export Development Act Transport: Regulations Amending the Motor Vehicle Safety Regulations (Standards 121, 206, 223 and 301.2) (SOR/2013-220, Nov. 29, 2013) pursuant to the Motor Vehicle Safety Act Public Safety and Emergency Preparedness/Finance: Regulations Amending the Proof of Origin of Imported Goods Regulations (SOR/2013-218, Nov. 29, 2013) pursuant to the Customs Act Finance: Order Amending the Schedule to the Customs Tariff (Extension of General Preferential Tariff to South Sudan) (SOR/2013-229, Dec. 6, 2013) pursuant to the Customs Tariff Finance: Order Amending the Schedule to the Customs Tariff (Extension of Least Developed Country Tariff to South Sudan) (SOR/2013-230, Dec. 6, 2013) pursuant to the Customs Tariff Finance: Schedule to the Customs Tariff (Extension of Most-FavouredNation Tariff to South Sudan) (SOR/2013-228, Dec. 6, 2013) pursuant to the Customs Tariff Environment: Ministerial Condition No. 15543a (Variation to Ministerial Condition No. 15543) pursuant to (Subsection 84(3) of the Canadian Environmental Protection Act, 1999 (N) Restrictive measures The following documents imposing restrictive measures on imports or exports were published in the Canada Gazette or posted on a Government website. Publication Date Title Foreign Affairs: Regulations Amending Certain Regulations Imposing Sanctions on the Democratic People’s Republic of Korea (SOR/2013-219, 12-18-13 Nov. 29, 2013) pursuant to the Special Economic Measures Act and the United Nations Act CBSA advance rulings No recent advance rulings were posted by the Canada Border Services Agency (CBSA). 12 International Trade Compliance January 2014 Baker & McKenzie 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 12-06-13 CN13-022 Cancelled CN13-023 12-31-13 CN13-024 Action Title Revised Form Proposed Regulatory Amendments to the Customs Sufferance Warehouses Regulations – Annual Licence Fee Removal Release of Canadian Automated Export Declaration (CAED) Version 20 Electronic Export Reporting of Controlled Goods Process Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Mexico Government procurement thresholds On December 31, 2013, the Diario Oficial de la Federación (Official Federal Gazette) published a Circular issued by the Secretary of Public Functions to the Federal Government and the Attorney General updating procurement contract thresholds for 2014 and 2015 (in U.S. dollars) for contracts subject to Free Trade Agreements. The tables also convert the thresholds into national currency for the first half of 2014. The thresholds are set forth below: Procurement Threshold Amount In U.S. Dollars By Treaty Units of the Federal Public Administration Listed in Government Procurement Chapters or Titles Type of Procurement → Free Trade Agreement Coverage ↓ NAFTA (Chap. X), Mexico - Israel FTA (Chap. VI) Mexico – EFTA FTA (Chap. V) EU-Mexico EPA (Title III) Mexico-Japan EPA (Chap.11) Mexico- Chile FTA (Chap. 15a) Procurement contracts, leases of movable goods and services, including those related to public works $ 79,507 Public Works Contracts $ 10,335,931 Parastatal Entities Listed in Government Procurement Chapters or Titles Procurement contracts, leases of movable goods and services, including those related to public works $ 397,535 Public Works Contracts $ 12,721,740 Threshold Amount In National Currency (MN) Same as above FTAs 13 International Trade Compliance January 2014 $ 1’049,818 $ 136’476,667 $ 5’249, 092 $ 167’979,127 Baker & McKenzie Decree amends Customs Law On December 9, 2013, the Diario Oficial published the Decree amending, supplementing and repealing various provisions of the Customs Act (the Reform). According to the preamble of the amendments, the purpose of the Reform is to provide mechanisms to improve the procedures to facilitate international trade, with better control at the entrance and exit of goods into and from national territory. Additionally, the purpose of the Reform is to promote the innovation and modernization of customs operations, through: infrastructure investments; updating and incorporating best practices and processes in customs matters. Practices like the use of non-intrusive technologies for customs clearance, allowing individuals to perform directly the importation and exportation of goods, and authorizing the establishment of strategic bonded warehouses outside the limits previously permitted, are now included. These and other changes (approved by the Congress at the end of October and approved by the President in December) are intended to promote transparency and to simplify procedures related to foreign trade operations. The reforms include: • Flexibility on location of Customs clearance • Direct clearance by companies and individuals • Increased requirements for carriers • Strategic bonded warehouses • Prevalidation of electronic import or export data • Electronic data transmission without paper documents • Electronic notifications • Customs clearance, risk analysis and non-intrusive inspection. • Increased rights: o to establish the possibility of rectifying pedimentos before and after customs clearance; o allowing the change of customs regime for foreign goods without prior authorization; o allowing the regularization of temporarily imported goods; as well as o granting a discount for paying fines to be imposed for non-compliance with formal obligations, other than payment of duties and taxes. • Customs broker reforms • Cooperation with Customs Authorities in other Countries • Other reforms. Hacienda issues amendment to Foreign Trade Rules On December 9, 2013, the Ministry of Finance and Public Credit (Hacienda) published in the Diario Oficial the Third Resolution amending the General Rules on Foreign Trade for 2013 and its annexes 1, 14 and 19. 14 International Trade Compliance January 2014 Baker & McKenzie On December 13, 2013 the Ministry of Finance and Public Credit (Hacienda) published in the Diario Oficial the Fourth Resolution Amending the General Rules on Foreign Trade for 2013 and Annex 21. On December 30, 2013 the Ministry of Finance and Public Credit (Hacienda) published in the Diario Oficial the Fifth Resolution of Amendments to the General Rules on Foreign Trade for 2013 and Annex 27. Foreign Trade Rules amended to better monitor steel imports On December 5, 2013, the Secretariat of Economy (SE) published in the Diario Oficial the Acuerdo (agreement) amending the rules and criteria of a general character in Foreign Trade which amends the December 31, 2012 rules to better prevent the illicit importation or exportation, distribution and marketing of covered steel products, primarily because of misclassification and undervaluation, by obtaining and monitoring more accurate statistics. The revised rules permit the (transparent) import license to be suspended or an automatic notice to be issued when certain acts occur, including when goods are used for a purpose other than that stated on the import permit, misidentification of the address of the recipient plant or facility, when conditions are not as stated in the application for the permit, etc. The permit holder will be given 10 days to provide written evidence of compliance. SE will have three months to adjudicate the matter invalidating or confirming the suspension. The Acuerdo is effective ten days after publication, except for Rule 2.2.20 which is effective ten days later. See also the Client Alert prepared by our Mexican International Trade and Customs Practice entitled, Ministry of Economy establishes “Automatic Notice of Importation” for goods of the steel industry. Diario Oficial The following documents of interest to international traders were published in the Diario Oficial de la Federación: Note: With regard to standards, only those which appear to apply to international trade are listed. (An unofficial English translation is shown. Dates are dd-mm-yy) Publication Date 03-12-13 04-12-13 05-11-13 06-12-13 09-12-13 11-12-13 15 International Trade Compliance January 2014 Title Foreign Affairs: Decree promulgating the Agreement between the United Mexican States and the Republic of Chile on Protection and Restoration of Cultural Property, signed in Mexico City on 8 July 2011 General Board of Health: Sixth and Seventh Updates 2012 Edition Table of Drugs Basic and Books. Economy: Acuerdo amending the rules and criteria of a general character in Foreign Trade. Energy: Resolution amending paragraph 5.1 of the Official Mexican Standard NOM-028 is amended-ENER-2010, Energy efficiency of luminaires for general use. Limits and test methods, published on 6 December 2010. Hacienda: Third Resolution Amendments to General Rules on Foreign Trade for 2013 and its annexes 1, 14 and 19. Decree amending, supplementing and repealing various provisions of the Customs Act. Acuerdo on the Mexican Section of the Secretariat of Trade Agreements declared as period of recess, the period from December 20, 2013 to January 6, 2014, resuming work on 7 January 2014. Decree amending, supplementing or repealing certain provisions of the Law on Tax Value Added, of the Law on Special Tax on Production and Services, of the Federal Law of Rights, issued the Law on Income Tax, and Law Business Flat Baker & McKenzie Publication Date 13-12-13 19-12-13 26-12-13 30-12-13 31-12-13 Title Tax and the Law are abrogated Tax on Cash Deposits (Part 1); (Part 2) Hacienda: Fourth Resolution Amending the General Rules on Foreign Trade for 2013 and Annex 21 Economy: Decree amending the Tariff Law of General Imports and Exports Economy: Acuerdo amending the Acuerdo in which the Secretary of the Economy issues rules and criteria of character General in Foreign Trade Economy: Notice on the duration of antidumping duties Hacienda: Decree granting tax incentives to manufacturing, maquiladora and export services Economy: Decree amending the Tariff Law General Taxes of Import and Export Economy: Decree amending and extending the life of the decree which sets the import tax for the border region and the northern border Economy: Acuerdo amending the acuerdo which sets forth the TRQ to import duty free milk powder originating in a number of WTO member countries Economy: Acuerdo establishing export and import quotas of non--originating textile and apparel goods eligible for NAFTA preferential treatment Economy: Acuerdo amending the acuerdo which sets forth the annual import TRQ for preparations of milk products containing more than 50% milk solids by weight, other than those in item 1901.90.04 of the tariff Hacienda: Fifth Resolution of Amendments to the General Rules on Foreign Trade for 2013 and Annex 27 Economy: Acuerdo amending the Acuerdo by which the Secretary of the Economy issues rules and criteria of a general character in foreign trade Public Function: Circular advising agencies of the Federal Government, and the Attorney General of the Republic, public contracts subject to the coverage of FTAs, updating thresholds for 2014 and 2015, and their conversion into local currency for the first half of 2014. Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. United States [NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW : N=NOTICE, FR=FINAL RULE, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE, TR=TEMPORARY RULE, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD. 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 12-18-13 12-24-13 12-31-13 16 International Trade Compliance January 2014 Subject Presidential Determination No. 2014–03 of November 29, 2013 - Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012 [oil from Iran] Presidential Determination No. 2014–05 of December 16, 2013 - Eligibility of the Gulf Cooperation Council To Receive Defense Articles and Defense Services Under the Foreign Assistance Act of 1961 and the Arms Export Control Act Proclamation 9072 of December 23, 2013 - To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes Baker & McKenzie Presidential Proclamation modifies HTS On December 31, 2013, the Federal Register published Presidential Proclamation 9072 - To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes. The Proclamation modifies the Harmonized Tariff Schedule of the United States (HTS) to: • Restore Mali’s beneficiary status as a beneficiary sub-Saharan African country under AGOA (GN16(a)) • Extend the Israel agricultural products duty-free quotas through December 2014 (Annex I) • Modify the US-Korea FTA rules of origin (GN 33) to meet the 2012 HTSUS changes (Annex II) • Designate Curaçao as beneficiary under Caribbean Basin Economic Recovery Act (CBERA) and Caribbean Basin Trade Partnership Act (CBTPA) (eligibility to be determined by USTR) • Modify the HTS due to expiration of Andean Trade Preference Act (Annex III) • Correct error in US-Chile FTA treatment (Annex IV) New budget passed – extends Customs user fees On December 18, 2013, the US Senate passed the Bipartisan Budget Act of 2013 (H.J.Res.59), and sent it on to President Barack Obama for his signature. The House of Representatives had passed it earlier. Section 701 of the Act extends the Customs user fees set out in Section 13031(j)(3) of the Consolidated Omnibus 19 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3))until September 30, 2023. Previously the fees were set to expire on October 22, 2021 and October 29, 2021. State imposes additional sanctions on Syria On December 10, 2013, the Bureau of International Security and Nonproliferation, Department of State published in the Federal Register a notice [Public Notice 8545] regarding the imposition of additional sanctions on Syria under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991. On August 2, 2013, a determination was made that the Government of Syria used chemical weapons in violation of international law or lethal chemical weapons against its own nationals. Notice of this determination was published on September 10, 2013, in the Federal Register, under Public Notice 8460. That determination resulted in sanctions against the Government of Syria. Section 307(b) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, 22 U.S.C. 5604(a) and 5605(a), requires a decision within three months of the August 2, 2013 determination regarding the imposition of additional sanctions. The United States Government decided on November 1, 2013, to impose such additional sanctions on the Government of Syria. In addition, the United States Government determined that it is essential to the national security interests of the United States to partially waive the application of these additional sanctions with respect to activities in furtherance of United States policies regarding the Syrian conflict. The following additional sanctions are imposed pursuant to Section 307(b)(2) of the Act (22 U.S.C. 5605(b)), subject to the waiver described above. 1. Bank Loans - The United States Government shall prohibit any United States bank from making any loan or providing any credit to the Government of Syria, except for 17 International Trade Compliance January 2014 Baker & McKenzie loans or credits for the purpose of purchasing food or other agricultural commodities or products. 2. Further Export Restrictions - The authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit exports to Syria of all other goods and technology (excluding food and other agricultural commodities and products). 3. Presidential Action Regarding Aviation – The Executive Branch is authorized to notify the Government of Syria of its intention to suspend the authority of foreign air carriers owned or controlled by Syria to engage in foreign air transportation to or from the United States. The application of these additional sanctions is partially waived with respect to activities in furtherance of United States policies regarding the Syrian conflict. Determinations as to whether activities are in furtherance of U.S. policies regarding the Syrian conflict will be made on a case-by-case basis with the involvement of the Department of State, using existing interagency procedures to the maximum extent possible. These measures shall be implemented by the responsible departments and agencies of the United States Government and will remain in place for at least one year or until further notice. USTR announces signings at US-China JCCT On December 20, 2013, the US Trade Representative announced that a number of Government to Government and commercial agreements were signed at the th 24 US – China Joint Commission on Commerce and Trade (JCCT) meeting in Beijing December 19-20, 2013. See the Fact Sheet on USTR’s website for summaries of the agreements. The Government to Government agreements include: • Memorandum of Understanding (MOU) on Establishing a U.S.-China Commercial Match-Making Program (CMP) Update between the U.S. and Foreign Commercial Service of the U.S. Department of Commerce and the China Council for the Promotion of International Trade (CCPIT) • Memorandum of Understanding between the U.S. Trade and Development Agency (USTDA) and China’s Ministry of Commerce in Support of Intellectual Property Rights Training • Memorandum of Understanding between the U.S. Trade and Development Agency (USTDA) and China’s National Energy Administration (NEA) in Support of U.S.-China Energy Cooperation Program (ECP) • Work Plan on the Foreign Direct Investment Statistics for United States – China Statistics Working Group In addition, USTR announced that outcomes were achieved in the following areas (See the announcement for summaries): • Government Procurement • Intellectual Property Rights and Localization of IPR and Technology • o Trade Secret Protection and Enforcement o Data Disclosure Requirements for Pharmaceutical Patents o Legitimate Sales o Official Use Vehicles o Procedural Improvements to Enhance Civil IP Enforcement o Graphical User Interfaces Regulatory Obstacles o 18 International Trade Compliance January 2014 ZUC Encryption Algorithm Baker & McKenzie o CCC Mark Testing and Certification • Market Access for U.S. Beef • Travel and Tourism Memorandum of Understanding Cooperative Activities • U.S.-China IP Cooperation and Technical Assistance • Administrative Licensing • U.S.-China Legal Exchange • Enforcement Against Counterfeit Semiconductors • Trademark – Bad Faith Trademark Registrations USTR seeks comments on telecoms trade agreements On December 6, 2013, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of request for public comment and reply comment on the operation, effectiveness, and implementation of, and compliance with telecommunications trade agreements. Pursuant to section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106) (§ 1377), USTR is reviewing and requests comments on the operation, effectiveness, and implementation of, and compliance with the following agreements regarding telecommunications products and services of the United States: The WTO General Agreement on Trade in Services; the North American Free Trade Agreement (NAFTA); U.S. free trade agreements (FTAs) with Australia, Bahrain, Chile, Colombia, Korea, Morocco, Oman, Panama, Peru, and Singapore; the Dominican Republic–Central America–United States Free Trade Agreement (CAFTA–DR); and any other telecommunications trade agreements, such as Mutual Recognition Agreements (MRAs) for Conformity Assessment of Telecommunications Equipment. Comments are due on January 3, 2014 and reply comments on January 24, 2014. The USTR will conclude the review by March 31, 2014. USTR determines trade surplus in certain sugar and syrup goods On December 5, 2013, USTR published in the Federal Register a document providing notice of its determination, in accordance with relevant provisions of the Harmonized Tariff Schedule of the United States (HTS), of the trade surplus in certain sugar and syrup goods and sugar-containing products of Chile, Morocco, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama. As described in the notice, the level of a country’s trade surplus in these goods relates to the quantity of sugar and syrup goods and sugar containing products for which the United States grants preferential tariff treatment under 19 • the United States- Chile Free Trade Agreement (Chile FTA); • the United States-Morocco Free Trade Agreement (Morocco FTA); • the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA–DR); • the United States-Peru Trade Promotion Agreement (Peru TPA); • the United States- Colombia Trade Promotion Agreement (Colombia TPA); and • the United States-Panama Trade Promotion Agreement (Panama TPA). International Trade Compliance January 2014 Baker & McKenzie USTR extends Section 301 investigation of Ukraine On December 2, 2013, USTR published in the Federal Register a notice [Docket No. USTR–2013–0023] indicating that USTR has determined to extend for three months the ongoing Section 301 investigation of certain acts, policies, and practices of the Government of Ukraine with respect to intellectual property rights. On May 30, 2013, USTR initiated a Section 301 investigation of certain acts, policies, and practices of the Government of Ukraine with respect to intellectual property rights. See Identification of Ukraine as a Priority Foreign Country and Initiation of Section 301 Investigation, 78 Fed. Reg. 33886 (June 5, 2013). ITC issues annual report on breaches of APOs On December 30, 2013, the US International Trade Commission (ITC or Commission) published in the Federal Register a summary of Commission practice relating to administrative protective orders. Since February 1991, the ITC has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (APOs) under title VII of the Tariff Act of 1930, in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the ITC has added to its report discussions of APO breaches in ITC proceedings other than under title VII and violations of the ITC’s rules including the rule on bracketing business proprietary information (BPI)(the “24-hour rule”), 19 C.F.R. 207.3(c). This notice provides a summary of breach investigations completed during calendar year 2012. This summary addresses two proceedings under section 337 of the Tariff Act of 1930. There were no breach investigations in title VII proceedings or rules violation investigations completed in 2012. The ITC intends that this report inform representatives of parties to ITC proceedings as to some specific types of APO breaches encountered by the ITC and the corresponding types of actions the ITC has taken. 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 Inv. No. TA-103-027 Probable Economic Effect of Certain Modifications to the North American Free Trade Agreement Rules of Origin.(R) (USITC Pub. 4438) Inv. No. 332-543 Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy (Submission of Questionnaire for OMB Review) Inv. No. 332-325 The Economic Effects of Significant U.S. Import Restraints Eighth Update. (R) (USITC Pub. 4440) Requested by: USTR House W&M Senate: Finance USTR Trade compliance enforcement actions - import, export, IPR, FCPA CBP and US Immigration and Customs Enforcement (ICE) have been stepping up enforcement of trade compliance violations, as have the other agencies that enforce import safety, standards, export and munitions control, sanctions and 20 International Trade Compliance January 2014 Baker & McKenzie FCPA laws. Rather than reproduce articles on these penalties, seizures and arrests, we have decided to list the links to the agency press releases which give details. Child pornography, controlled substance and currency related seizures and arrests will not be listed, unless connected to trade violations. [Agencies: CBP=US Customs and Border Protection, ICE=US Immigration and Customs Enforcement, APHIS=Animal & Plant Health Inspection Service, BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce), DOJ=Department of Justice, ATF=Bureau of Alcohol, Tobacco, Firearms and Explosives, DEA=Drug Enforcement Administration, FBI=Federal Bureau of Investigation, GSA= General services Administration, IRS+ Internal Revenue Service, SEC=Securities and Exchange Commission, OFAC=Office of Foreign Assets Control (Treasury), DoD=Dep’t of Defense components [NCIS, DCIS, CID, etc.), DDTC= State Dep’t Directorate of Defense Trade Controls, CPSC=Consumer Product Safety Comm., USPIS=Postal Inspection Service, USMS= US Marshals Service, FWS=Fish & Wildlife Service, NOAA=National Oceanic and Atmospheric Administration, APHIS= Animal & Plant Health Inspection Service, USDA.] Date of Release 12-02-13 12-03-13 12-05-13 12-06-13 12-10-13 12-11-13 12-13-13 12-16-13 12-17-13 12-19-13 12-20-13 21 International Trade Compliance January 2014 Subject ICE, international law enforcement agencies seize 706 domain names selling counterfeit merchandise (ICE, + 10 Foreign agencies, DOJ) State debars LeAnne Lesmeister of Honeywell International, Inc., for ITAR violations (DDTC Compass Bank Settles Potential Civil Liability for an Apparent Violation of the Sudanese Sanctions Regulations [$19,125 for alleged SSR violations] (OFAC) New York Antiques Dealer Sentenced to 37 Months in Prison for Wildlife Smuggling (DOJ, FWS, ICE, NY State) NJ man pleads guilty to selling stolen South Central Asian antiquities (ICE, DOJ) Big Marijuana Bust Made by CBP at Pharr International Bridge (Hidden in commercial shipment of farm equipment) (CBP) Chinese National Sentenced to 57months’ Incarceration for Attempting to Illegally Export Aerospace-Grade Carbon Fiber - Defendant Stated The Carbon Fiber Was Intended For A “Jet Fighter Plane” (DOJ, ICE, BIS) British nationals plead guilty to terrorism-related charges after federal probe (ICE, FBI, Scotland Yard, USMS, IRS, DOJ, DoD) Treasury Department Reaches $33 Million Settlement with the Royal Bank of Scotland plc (OFAC, Federal Reserve, NYState) FTC Approves Final Consent Settling Charges that Marketer of Outdoor Accessories (E.K. Ekcessories, Inc) .Made False Made-in-the-USA Claims (FTC) German Engineering Firm Bilfinger Resolves Foreign Corrupt Practices Act Charges and Agrees to Pay $32 Million Criminal Penalty (DOJ, FBI) 9 members plead guilty in largest-ever counterfeit goods conspiracy (DOJ, ICE, FBI) In re: Donald Bernardo a/k/a Don Bernarndo – Order [dated Dec. 6, 2013] Denying Export Privileges for 5 years due to AECA violations (BIS) ICE transfers lost Nazi diary to US Holocaust Memorial Museum - Historical document recovered after HSI investigation (ICE, DOJ) In re: Andrew Vincent O’Donnell: Order [dated Dec. 13, 2013] denying export privileges until 2021. (BIS) In re: Igor Babel: Order [dated Dec. 13, 2013] denying export privileges until 2017. (BIS) In re: Mohammed Soroush Mahalaty: Order [dated Dec. 13, 2013] denying export privileges until 2017. (BIS) International Arms Smuggler Sentenced to 180 Months in Prison (AECA; IEEPA) (DOJ, ICE, FBI) Canadian Citizen Arrested for Money Laundering in Connection with Illegal Importation and Trafficking of Narwhal Tusks (DOJ, NOAA, FWS) FTC Sends Refund Checks Totaling nearly $6 Million to Consumers Who Bought Dietary Supplements (FTC) SEC Charges Archer-Daniels-Midland Company With FCPA Violations [$36 million SEC penalty] (SEC, FBI), ADM Subsidiary Pleads Guilty to Conspiracy to Violate the Foreign Corrupt Baker & McKenzie Date of Release Subject Practices Act [$17 million fine] (DOJ, FBI, SEC) CBP Officers Intercept More Than 24,000 Counterfeit Headphones (CBP) 12-26-13 Philadelphia CBP Intercepts First in Nation Beetle (CBP, USDA) US Court of Appeals finds railroad not liable for $38 million penalty for unmanifested drugs On December 12, 2013, the U.S. Court of Appeals for the Eighth Circuit decided Union Pacific Railroad Co. v. U.S. Department of Homeland Security, et al.(№ 122143) and held that US Customs and Border Protection (CBP) did not have the authority to penalize the Union Pacific Railroad (UP). The penalties, totaling $38 million, had been assessed against UP because, on thirty-eight occasions between 2001 and 2006, CBP found illegal drugs secreted on trains brought to the US border by Ferrocarril Mexicano S.A. de C.V. (Ferromex) or Kansas City Southern de Mexico S.A. de C.V. (KCSM), both Mexican railroads. Although the UP did not control the trains before their arrival at the US border or even during the time CBP inspected the trains at the border, CBP imposed the penalties against UP, not Ferromex or KCSM, under the Tariff Act of 1930, as amended, 19 U.S.C. § 1584(a)(2), apparently because UP (1) owned some of the individual railcars in which CBP found illegal drugs and (2) forwarded electronic manifest information to CBP, which does not accept electronic manifests directly from Mexican railroads. It should be noted that UP does not pick up the trains until after CBP has inspected them after crossing the border. After exhausting its administrative remedies, UP challenged the penalties in the district court below, invoking the Fifth and Eighth Amendments to the Constitution, and the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A). The government separately filed enforcement actions, which were consolidated with UP’s suit in the district court. UP moved for summary judgment, and the government moved for judgment on the administrative record. The District Court ruled in UP’s favor and also enjoined CBP from issuing such penalties in the future.. The Eighth Circuit agreed with the District Court on the merits and found that the statute does not authorize penalties against UP for drugs found on railcars UP neither owns nor controls. The Circuit Court also said the statute certainly does not authorize CBP to require UP, as a common carrier, to do more than reasonably possible to prevent Mexican drug cartels from hiding drugs on trains UP does not control in a country in which UP has no operations. The Court found that UP was not the “person in charge” of any of the thirty-eight trains at issue in the case. The Court also found that while Congress expressly directed the relevant agency to promulgate regulations, pursuant to formal notice and comment procedures, defining “highest degree of care and diligence,” no regulations were ever finalized, although a proposal was made, although it appears that would only apply to the UP owned railcars. While upholding the District Court’s voiding the penalties, the Circuit Court did say the injunction against future penalties was not appropriate and vacated that portion of the lower court’s decision. CBP announces a Trade Symposium On December 20, 2013, US Customs and Border Protection (CBP) published in the Federal Register a document announcing that CBP will convene only one Symposium in 2014, the East Coast Trade Symposium, which will be held in Washington, DC on Thursday, March 6 and Friday, March 7, 2014. The East 22 International Trade Compliance January 2014 Baker & McKenzie Coast Trade Symposium will feature panel discussions involving agency personnel, members of the trade community and other government agencies, on the agency’s role in international trade initiatives and programs. This marks CBP’s thirteenth year convening the Trade Symposium. Members of the international trade and transportation communities and other interested parties are encouraged to attend. The CBP 2014 East Coast Trade Symposium will be held at the Washington Hilton Hotel, at 1919 Connecticut Avenue NW., Washington, DC 20009. For further information see the Trade Symposium page on CBP’s website. Customs Brokers user fee payment for 2014 On December 20, 2013, CBP published in the Federal Register a general notice to customs brokers that the annual fee of $138 that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by February 21, 2014. CBP announced this date of payment for 2014 in accordance with the Tax Reform Act of 1986. CBP expands definition of “members of a family” for filing of joint Customs Declarations On December 18, 2013, CBP published in the Federal Register a final rule [CBP Dec. 13-19; USCBP-2012-0008] designed to broaden the definition of “members of a family residing in one household” to more accurately reflect relationships for U.S. citizens, residents and international visitors who are traveling together as a family. The expansion of the term includes long-term same-sex couples and other domestic relationships which would allow more returning US citizens, residents and international visitors to file a joint customs declaration for items acquired abroad. The rule will be effective January 17, 2014. The change in regulation will create less paperwork for people who are traveling together as a family and will result in increased efficiency for CBP by streamlining passenger processing. “Domestic relationship” would be defined to include foster children, stepchildren, half-siblings, legal wards, other dependents, and individuals with an in loco parentis or guardianship relationship. Also included within the definition are two adults who are in a committed relationship including, but not limited to, long-term companions and couples in civil unions or domestic partnerships where the partners are financially interdependent, and are not married to, or a partner of, anyone else. “Members of a family residing in one household” will encompass relationships of blood, marriage, domestic relationship or adoption who lived together in one household at their last permanent residence; and intend to live in one household after their arrival in the United States. CBP announces NCAP test for EPA and FSIS data using ACE On December 13, 2013, CBP published in the Federal Register a general notice announcing CBP’s plan to conduct a National Customs Automation Program (NCAP) test concerning transmission of electronic filings of certain Environmental Protection Agency (EPA) and the U.S. Department of Agriculture, Food Safety and Inspection Service (FSIS) import data to CBP for commodities regulated by 23 International Trade Compliance January 2014 Baker & McKenzie these agencies. The test will involve using the Automated Commercial Environment (ACE) Partner Government Agency (PGA) Message Set and the Automated Broker Interface (ABI) to transmit the data. PGA Message Set data may be submitted only for certain entries filed at certain ports. This test is in furtherance of key CBP International Trade Data System (ITDS) initiatives as provided in the Security and Accountability for Every Port Act (SAFE) of 2006 to achieve the vision of ACE as the “single window” for the Government and trade community by automating and enhancing the interaction between international trade partners, CBP, and PGAs by facilitating electronic collection, processing, sharing, and review of trade data and documents required by Federal agencies during the cargo import and export process. The initiatives will significantly increase efficiency and reduce costs over the manual, paper-based interactions that have been in place. The PGA Message Set will improve communication between agencies and filers regarding imports and when applicable, will allow test participants to submit the required data once rather than submitting data separately to each agency, resulting in quicker processing. During this test, participants will collaborate with CBP, EPA, and FSIS to examine the effectiveness of the “single window” capability. This notice invites public comment concerning the test program, provides legal authority for the test, explains the purpose of the test and the test participant responsibilities, identifies the regulation that will be waived under the test, provides the eligibility and selection criteria for participation in the test, provides a link to a list of ports that are accepting PGA Message Set data under this test, explains the application process, and determines the duration of the test. This document also explains the repercussions and appeals process for misconduct under the test. The test will commence January 13, 2014. Comments will be accepted through the duration of the test. 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 Agency Information Collection Activities: Canadian Border Boat Landing Permit 12-09-13 (CBP Form I-68) (N) Agency Information Collection Activities: Passenger and Crew Manifest Agency Information Collection Activities: Request for Information (CBP Form 28) (N) 12-12-13 Agency Information Collection Activities: Importation Bond Structure (CBP Forms 301 or 5297) (N) Agency Information Collection Activities: Entry and Manifest of Merchandise Free of Duty, Carrier’s Certificate and Release (CBP Form 7523) (N) 12-13-13 Agency Information Collection Activities: Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit (CBP Forms 7512, 7512-A) (N) Agency Information Collection Activities: CBP Regulations Pertaining to Customs Brokers (N) 12-19-13 Agency Information Collection Activities: Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006 (N) 12-20-13 Agency Information Collection Activities: Small Vessel Reporting System (N) Agency Information Collection Activities: Documents Required Aboard Private 12-23-13 Aircraft (N) 12-26-13 Agency Information Collection Activities: CBP Regulations Pertaining to Cus24 International Trade Compliance January 2014 Baker & McKenzie F.R. Date Subject toms Brokers (N/C) 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 12-11-13 HQ H241177 (December 3, 2013) – Ethernet switches HQ H243606 (December 4, 2013) – DocAve Software Country of Origin Malaysia USA CBP posts year-end immediate delivery procedures CSMS #13-000625 (Dec. 20, 2013) announced that the CBP Office of International Trade is issuing a blanket authorization for Immediate Delivery (ID) procedures for merchandise to be released on or after December 18, 2013 through December 31, 2013, in accordance with 19 C.F.R. § 142.21(i). The authorization is offered to filers who may elect to take advantage of the interim Harmonized Tariff Schedule changes, which take effect on or after January 1, 2014. This blanket authorization does not apply to absolute quota merchandise and merchandise moved under an immediate transportation entry (type 61). Tariff rate quota merchandise previously authorized for ID release under 19 C.F.R. § 142.21(e) may still be released; however, the entry summary shall be presented within the time specified in 19 C.F.R. § 142.23 or within the quota period, whichever expires first. In those instances where the paper CBP Form 3461/CBP Form 3461(ALT) is used as the entry document and importers wish to elect ID, a line must be drawn through the word “ENTRY” on the document. ABI entry transmissions, including the “paperless” provisional messages, will establish the desired entry date by using the estimated entry date in the summary transmission (“EI” transmission). This will identify the change from “Entry” to “Immediate Delivery” and will allow filers to elect a date of entry in order to take advantage of tariff changes or special programs. Under ID procedures, the entry/entry summary must be filed within 10 working days after release. This blanket authority only extends to shipments released December 18, 2013 through December 31, 2013. No grace period will be granted for the purpose of timely filing ID entry summaries under this one-time allowance. ACE Deployment B to occur on January 4, 2014 CSMS #13-000623 (Dec. 20, 2013) announced that on January 4, 2014, CBP will be deploying the second of seven (A-G) planned deployments to the ACE Commercial Environment (ACE) in support of CBP’s plan to complete core trade processing capabilities in ACE and decommission corresponding capabilities in legacy systems, by the end of 2016. Deployment B includes the following: ACE Cargo Release 25 International Trade Compliance January 2014 Baker & McKenzie • Expansion of the ACE Cargo Release pilot to include ocean and rail manifest shipments • Processing of In-bond transactions with partial quantities, completing In-Bond capability in the air, ocean and rail modes of transportation • Build-out of ACE Cargo Release data, extending the Customs and Trade Automated Interface Requirements (CATAIR) to specify required data elements, syntax and format, enabling the build out for additional entry transactions ACE Entry Summary • ACE Entry Summary validations for simple duty calculations, i.e., entry summary lines with a single Harmonized Tariff Schedule (HTS) classification Partner Government Agency (PGA) Integration • Expansion of the PG00 record to reduce data duplication by the trade filer • Single Accept/Reject message for the filer for cargo release response from CBP and PGAs For more information about ACE Deployment B, please download a copy of the attached Information Notice. This information notice has also been posted to the “What’s New with ACE?” page of CBP.gov/ACE. See also Information_Notice_to_Trade___Deployment_B.pdf CBP signs Partnership Agreements for expanded services On December 19, 2013, CBP announced that it had finalized the agreements for five public-private partnerships during an official signing ceremony. The Consolidated and Further Continuing Appropriations Act, 2013 provides the authority for such public-private partnerships. CBP created a reimbursable fee agreement program to increase CBP’s ability to provide new or enhanced services on a reimbursable basis to support growth in cross-border trade and travel. The announcement stated that: The entities selected for these partnerships are Dallas/Fort Worth International Airport; The City of El Paso, Texas; South Texas Assets Consortium; The City of Houston Airport System; and Miami-Dade County. These locations will cover the entirety of CBP air, land and sea operations. The reimbursable services proposals were reviewed and ranked based on criteria including: impact on current CBP operations, health and safety issues, community and economic benefits, and the feasibility of instituting the agreements in a timely manner. The deadline to complete the negotiations with the five applicants is December 31, 2013. These agreements will not replace existing services, and new services can include all customs and immigration inspection-related matters. The reimbursable services authority is a key component of CBP’s Resource Optimization Strategy, and will allow CBP to provide new or expanded services at domestic ports of entry reimbursed by the partner entity. This will have a positive impact on the Nation’s economy – particularly through a reduction in wait times. CBP updates FTA pages on its website CSMS #13-000615 dated December 18, 2013 announced that each Free Trade Agreement (FTA) page on CBP.gov has been updated and expanded to include the following documents: 26 • Implementation Instructions • Attachment A (Certification of Origin) • General Note Link (Always current) International Trade Compliance January 2014 Baker & McKenzie • Regulation Link (Always current) • Agreement Text • USITC Report (Includes the General note, the goods that went free immediately and the phase-out schedule to determine future duty rates.) • Summaries and Reports (USTR) • Implementation Act (The public law.) • Presidential Proclamation (Implementing the Agreement.) • Reconciliation Link (If reconciliation eligible.) • Agricultural Quota Link Please see below for links to each of the FTA pages. • Australia FTA • Bahrain FTA • Chile FTA • Colombia FTA • Jordan FTA • Korea FTA • Morocco FTA • Oman • Panama FTA • Peru FTA • Singapore FTA The CAFTA and Israel FTA page updates are pending. The NAFTA pages remain very complete but dated. Links to these websites are referenced below. Also be advised that there is some excellent MPF, Value and Reasonable Care information at the link on the Trade Agreements page. • CAFTA-DR • Israel FTA • NAFTA CBP posts updated FTA/Preference Program comparison chart CSMS #13-000590 dated December 3, 2013 announced that CBP has updated its non-textile “Side-by-Side Comparison of Free Trade Agreements and Selected Preferential Trade Legislation Programs” chart. The comparison chart providing basic customs information and citations on the United States’ free trade agreements and selected preference programs. Revocations or modifications of CBP rulings See separate section below. CSMS messages The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update: 27 International Trade Compliance January 2014 Baker & McKenzie Date CSMS# 12-02-13 13-000586 13-000587 12-03-13 13-000588 13-000589 13-000590 12-04-13 13-000591 13-000592 12-05-13 13-000593 13-000594 13-000595 13-000596 13-000597 12-06-13 13-000598 13-000599 13-000600 13-000601 13-000602 13-000603 12-10-13 13-000604 13-000605 13-000606 12-11-13 13-000607 13-000608 13-000609 13-000610 12-12-13 13-000611 13-000612 12-13-13 13-000613 12-17-13 13-000614 12-18-13 13-000615 13-000616 13-000617 13-000618 13-000619 13-000620 12-20-13 13-000621 13-000622 13-000623 28 International Trade Compliance January 2014 Title Free Trade Agreements Certification of Origin and the Preference Criterion (Amendment to 13-000564) Scheduled Weekly ACE Certification Outage for December 4, 2013 Scheduled Weekly ACE Certification Outage for December 4, 2013 ACE Deployment B - ACE Cargo Release Transaction Sets Side-by-Side Comparison of Free Trade Agreements (FTAs) and Selected Preference Programs ACE Certification Environment Now Available! Harmonized System Update 1305 - Changes to the 2013 Harmonized Tariff Schedule of the US Area Port of Portland, Oregon New Mailing Address Revised ACE ABI Entry Summary CATAIR Chapter and Related Documents Now Posted Local Closure for the Port of Lubbock, TX (5503) 2014 Federal Holidays Local Closure for the Port of Dallas/Fort Worth, TX (5501) Weekly ACE Production Outage beginning December 7, 2013 Weekly ACE Production Outage beginning December 7, 2013 New Issue of Frontline Magazine Now Posted! Actualización Mensual de Noviembre 2013 de ACE February 25, 2013 NCBFAA Sponsored ACE Software Vendor Session Federal Government Offices in the Washington, D.C. Metropolitan Today 12/10/2013 Correction: February 25, 2014 NCBFAA Sponsored ACE Software Vendor Session Scheduled Weekly ACE Certification Outage for December 11, 2013 New Team Number Assigned for Center of Excellence and Expertise for Electronics ACE Certification Environment Now Available!! Local Closure for the Port of Baltimore FDA ITACS downtime Friday Dec. 13 at 9 p.m. through Saturday Dec. 14 at 6 p.m. New Phone Numbers for ACS Specialists Laredo, TX office Correction: New Phone Numbers for ACS Specialists Laredo, TX Office Statement Numbers May Contain Alpha Characters Publication of Federal Register Notice Announcing PGA Message Set Pilot Test Scheduled Weekly ACE Certification Outage for December 18, 2013 Free Trade Agreement (FTA) Pages Updated ACE Certification Environment Now Available!! Free Trade Agreement (FTA) Pages Updated ACE Webinar – Portal Functionality and Reports Posted to CBP.gov Harmonized System Update 1306 - Changes to the 2014 Harmonized Tariff Schedule of the US Weekly ACE Production Outage beginning December 21, 2013 FDA Registration Rej. Code “I” Related to Enactment of FDA Food Safety Modernization Act Update: ACE Deployment B - ACE Cargo Release Status Notification Document Information Notice – ACE Deployment B Baker & McKenzie Date CSMS# 13-000624 13-000625 12-24-13 13-000626 12-27-13 13-000627 12-30-13 13-000628 Title December 2013 ACE Trade Account Owner Update Year-End Immediate Delivery Procedures Environmental Protection Agency (EPA) Notice of Arrival (NOA) 3540-1 Form Updated Weekly ACE Production Outage beginning December 28, 2013 Slow Cargo Processing and Entry Documents Required Messages FinCEN, Fed Reserve define “transmittal of funds” and “funds transfer” On December 4, 2013, the Financial Crimes Enforcement Network (FinCEN), Department of the Treasury and the Board of Governors of the Federal Reserve System (Board) published in the Federal Register a final rule amending the regulatory definitions of “funds transfer” and “transmittal of funds” under the regulations implementing the Bank Secrecy Act (BSA). The agencies are amending the definitions to maintain their current scope in light of changes to the Electronic Fund Transfer Act, which will avoid certain currently covered transactions being excluded from BSA requirements. The rule is effective January 3, 2014. Census updates Schedule B and HTS in AES Bureau of Census Broadcast Message #2013106, dated December 31, 2013 announced that effective immediately, the Schedule B and Harmonized Tariff Schedule (HTS) tables in the AES have been updated to accept the changes to the 2014 codes. AES will accept shipments with outdated 2013 codes during a grace period for 30 days beyond the expiration date of December 31st, 2013. Reporting an outdated 2013 code after the 30 day grace period will result in a fatal error. The AESDirect program has been updated with the 2014 codes and will accept shipments with outdated 2013 codes during the grace period as well. All AESPcLink users must update their AESDirect code tables to reflect the 2014 changes in Schedule B and HTS. Web users of AESDirect who file via the website at aesdirect.census.gov will have their code tables updated via the program automatically. The 2014 Schedule B and HTS tables are available on the Census website for downloading. The current list of HTS codes that are not valid for AES are available here. OFAC removes JADE Act tags from SDN list On December 26, 2013, the Office of Foreign Assets Control (OFAC) published in the Federal Register a notice removing from the Specially Designated Nationals List tags that had identified certain individuals and entities as subject to the blocking and financial provisions of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (the JADE Act). In section 8 of Executive Order 13651 (E.O. 13651) of August 7, 2013, the President determined and certified, pursuant to section 5(i) of the JADE Act that it was in the national interest of the United States to waive, and thereby waived, the 29 International Trade Compliance January 2014 Baker & McKenzie sanctions described in section 5(b) of the JADE Act. As a result, as of August 7, the financial and blocking provisions of section 5(b) of the JADE Act do not apply. Except as authorized or exempt, transactions with persons included on the Specially Designated Nationals and Blocked Persons List (SDN List) continue to be prohibited pursuant to the International Emergency Economic Powers Act (IEEPA). DDTC posts “decision tree tools” As part of the Directorate of Defense Trade Controls (DDTC) outreach efforts for the initial implementation of Export Control Reform final rule published on April 16, 2013, DDTC has developed a new web-based decision tool that will assist users in understanding and applying the new rules and regulations as established in Federal Register Notice 78 Fed. Reg. 22740. DDTC points out that these tools are for educational purposes only. They are not binding and are not a substitute for a Commodity Jurisdiction. • Specially Designed - This tool is effective for exports on or after October 15, 2013. It applies only to commodities and software related to United States Munitions List (USML) Categories that have been revised in accordance with the President’s Export Control Reform (ECR) initiative. • Order of Review - This tool will assist users in understanding the steps to follow in reviewing the USML. • Part 130 - This tool has been designed for industry use as an aid for completing Part 130 reports to DDTC. [Note: If you receive the “Allowed Blocked Content” warning message, please right-click on the warning message and select “Allow Blocked Content” which will permit the Decision Tools to display correctly.] BIS updates legal authorities for the EAR On December 19, 2013, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 131114960-3960-01] that updates the Code of Federal Regulations (C.F.R.) legal authority paragraphs in the Export Administration Regulations (EAR) to include the citations to five Presidential notices extending emergencies declared pursuant to the International Emergency Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies to any person under the EAR. BIS revises EAR; Unverified List (UVL) On December 19, 2013, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 20524116-3986-02] amending the Export Administration Regulations (EAR) by: requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party or parties to the transaction who are listed on the Unverified List (the “Unverified List” or UVL); suspending the availability of license exceptions for exports, reexports, and transfers (in-country) involving a party or parties to the transaction who are listed on the UVL; requiring exporters, reexporters, and transferors to obtain a UVL statement from a party or parties to the transaction who are listed on the UVL before proceeding with exports, reexports, and transfers (in-country) involving items subject to the EAR, but where the item does not require a license, 30 International Trade Compliance January 2014 Baker & McKenzie i.e., No License Required (NLR); publishing the UVL in the EAR; and adding to the EAR the procedures to request removal or modification of a UVL entry. These changes to the UVL enhance the US Government’s ability to verify the bona fides of parties to exports, reexports, or transfers (in-country) of items subject to the EAR and provide the U.S. Government increased visibility into such exports, reexports, and transfers involving persons whose bona fides could not be verified. The rule is effective January 21, 2013. BIS seeks comments on impact of CWC on commercial activities On December 13, 2013, the BIS published in the Federal Register a notice of inquiry [Docket No. 131122984-3984-01] seeking public comments on the impact that implementation of the Chemical Weapons Convention (CWC), through the Chemical Weapons Convention Implementation Act (CWCIA) and the Chemical Weapons Convention Regulations (CWCR), has had on commercial activities involving “Schedule 1” chemicals during calendar year 2013. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress on whether the legitimate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms are being harmed by such implementation. This certification is required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the CWC. Comments must be received by January 13, 2014. BIS amends Entity List On December 12, 2013, the BIS published in the Federal Register a final rule [Docket No. 130809700-3700-01] amending the Export Administration Regulations (EAR) by adding thirty-six persons under forty-six entries to the Entity List, revising three existing entries, and removing one entry. The persons who are added to the Entity List have been determined by the US Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the following destinations: Armenia, Canada, China, Germany, Greece, Hong Kong, Iran, Malaysia, Thailand, Turkey, and the United Arab Emirates (U.A.E.). The rule is also revising one existing entry under Sweden to correct the entry by providing an address for this listed person under the destination of Estonia, and revising two entries in Canada, the first by removing two addresses, and the second by updating an address. Lastly, the rule removes one person in Russia from the Entity List. This person is being removed from the Entity List as a result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the procedures for requesting removal or modification of an Entity List entity, and further review conducted by the End-user Review Committee (ERC). 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): 31 International Trade Compliance January 2014 Baker & McKenzie F.R. Date 12-03-13 12-19-13 12-20-13 12-24-13 12-26-13 12-27-13 12-31-13 Applicable orders OFAC: Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to Executive Order 12978 [4 individuals, 2 entities] (N) OFAC: Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to the Foreign Narcotics Kingpin Designation Act [3 individuals] (N) State: In the Matter of the Designation of Al-Mulathamun Battalion also known as (aka) al-Mulathamun Brigade aka …aka The Sentinels as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and Nationality Act, as amended [Public Notice 8561] (N) State: In the Matter of the Designation of Al-Mulathamun Battalion aka alMulathamun Brigade aka …aka The Sentinels as a Specially Designated Global Terrorist pursuant to Section 1(b) of Executive Order 13224, as amended [Public Notice 8562] (N) OFAC: Actions Taken Pursuant to Executive Order 13382, (“Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters”) (N) [4 entities, 3 individuals] State: In the Matter of the Designation of Usamah Amin al-Shihabi aka Abu Dajanah aka …Abu Abdallah as a Specially Designated Global Terrorist pursuant to Section 1(b) of Executive Order 13224, as amended [Public Notice 8567] (N) OFAC: Designation of One Individual and Three Entities Pursuant to Executive Order (13619, “Blocking Property of Persons Threatening the Peace, Security, or Stability of Burma”) (N) OFAC: Designation of 2 individuals Pursuant to Executive Order 13224 of September 23, 2001, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism” (N) OFAC: Supplemental Identification Information for Four Individuals Designated Pursuant to Executive Order 13224 (N) OFAC: Unblocking of One Individual Pursuant to Executive Order 13224 (N) OFAC: Designation of four individuals pursuant to Executive Order 13581, “Blocking Property of Transnational Criminal Organizations” (N) BIS: Removal of Person from the Entity List Based on a Removal Request [Docket No. 131121982-3982-01] (FR) Commerce publishes name change On December 3, 2013, the Department of Commerce published in the Federal Register a final rule and nomenclature change [Docket No.: 131114957-3957-01], which implements the decision by Commerce, through internal Department Organizational Orders 10-3 (effective September 18, 2013) and Department Organizational Order 40-1, (effective September 19, 2013), to consolidate and reorganize certain department organizational functions and revise the name of “Import Administration” to “Enforcement and Compliance.” The revision more accurately reflects the breadth of the agency’s activities with respect to the enforcement of, and compliance with, US trade laws and agreements. Consistent with the consolidation and name change, this rule makes certain changes in parts 301 and 303 of title 15 of the Code of Federal Regulations. Specifically, this rule changes all references to “Import Administration” wherever they appear in parts 301 and 303 of title 15, to “Enforcement and Compliance.” This rule was effective on December 2, 2013 On December 23, 2013, the International Trade Administration published in the Federal Register another final rule making appropriate conforming changes in its regulations. The rule also sets forth a Savings Provision in that preserves, under the new name, all actions taken under the name of Import Administration and provides that any references to Import Administration in any document or other communication shall be deemed to be references to Enforcement and Compliance. This rule is effective December 20, 2013. 32 International Trade Compliance January 2014 Baker & McKenzie FTC proposes amendments to Energy Labeling Rule for DOE TV tests On December 26, 2013, the Federal Trade Commission (FTC) published in the Federal Register a proposal for conforming amendments to the Energy Labeling Rule (the Rule) (16 C.F.R. Part 305), to require a new Department of Energy (DOE) test procedure for televisions and establish data reporting requirements for those products. The Rule, issued pursuant to the Energy Policy and Conservation Act (EPCA), requires manufacturers to attach yellow EnergyGuide labels on many consumer products, and prohibits retailers from removing the labels or rendering them illegible. In addition, the Rule directs sellers, including retailers, to post label information on Web sites and in paper catalogs from which consumers can order products. EnergyGuide labels for covered appliances must contain three key disclosures: Estimated annual energy cost (for most products); a product’s energy consumption or energy efficiency rating as determined from Department of Energy (DOE) test procedures; and a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models. The FTC now proposes conforming amendments to revise the Rule’s television testing and reporting requirements in response to a new DOE television test procedure published on October 25, 2013 (78 Fed. Reg. 63823). These amendments will ensure the Rule’s television labeling requirements are consistent with the EPCA, which mandates that FTC labels reflect applicable DOE test procedures when available. Comments must be received by February 10, 2014. CPSC and FTC Federal Register documents The following Consumer Product Safety Commission (CPSC) and Federal Trade Commission (FTC) documents which may be of interest to importers were published Federal Register during the past month: F.R. Date Subject 12-02-13 FTC: Rules and Regulations Under the Wool Products Labeling Act (N/E) CPSC: Safety Standard for Hand-Held Infant Carriers [CPSC Docket No. 12-06-13 CPSC-2012-0068] (FR) CPSC: Revisions to Safety Standards for Infant Bath Seats, Toddler Beds, 12-09-13 and Full-Size Baby Cribs [Docket No. CPSC-2013-0043] (FR) 12-24-13 CPSC: Safety Standard for Bassinets and Cradles; Correction (FR/C) FTC: Energy and Water Use Labeling for Consumer Products Under the En12-26-13 ergy Policy and Conservation Act (‘‘Energy Labeling Rule’’) (PR) TTB publishes instructions for ‘Consolidated’ Wine Export Certificate (US to China) Beginning March 1, 2014, the People’s Republic of China (PRC) will accept a one-page Wine Export Certificate (consolidated certificate) from US industry members for U.S. wine products exported from the United States. This consolidated certificate is a multi-purpose document, which can be used as a certificate of origin, certificate of health/sanitation, and certificate of authenticity/free sale. 33 International Trade Compliance January 2014 Baker & McKenzie Previously, the PRC required US wine exporters to file several certificates as a condition of entry. The one-page, consolidated certificate will replace the number of certificates that currently need to be filed to export wine to China. On December 17, TTB published a guidance document, General Instructions for the ‘Wine Export Certificate’ for U.S. Wine Products Exported from the United States to the People’s Republic of China, with instructions for how to use the consolidated Wine Export Certificate when exporting U.S. wine products from the United States to the PRC. The guidance document also includes a link to download a template of the Consolidated Certificate, a section listing specific instructions for filling out the certificate, and contact information if you have questions about the certificate. FDA proposes rules requiring domestic and foreign food facilities to address potential terrorist vulnerabilities On December 24, 2013, the US Food and Drug Administration (FDA) published in the Federal Register a proposed rule [Docket No. FDA-2013-N-1425] to require domestic and foreign food facilities that are required to register under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to address hazards that may be intentionally introduced by acts of terrorism. These food facilities would be required to identify and implement focused mitigation strategies to significantly minimize or prevent significant vulnerabilities identified at actionable process steps in a food operation. The FDA is proposing these requirements as part of its implementation of the FDA Food Safety Modernization Act (FSMA). Further, as part of the proposal, the FDA discusses an approach to addressing economically motivated intentional adulteration. The FDA expects the proposed rule, if finalized as proposed, would help to protect food from intentional adulteration caused by acts of terrorism. Electronic or written comments on the proposed rule must be submitted by March 31, 2014. In a related Federal Register notice also published on December 24, 2013, the FDA announced a public meeting to discuss the proposed rule described above. The meeting is scheduled for February 20, 2014, with a registration deadline of February 7, 2014 for attendance and January 17 for a request to make a public comment. For information on how to register and participate, please see the Federal Register notice. FDA amends regulations to accept electronic petitions On December 19, 2013, the US Food and Drug Administration (FDA) published in the Federal Register a final rule and technical amendment [Docket No. FDA 2013-S-0610] to modernize its administrative regulations regarding submission of citizen petitions to explicitly provide for electronic submission. The current regulation does not recognize electronic methods for submitting citizen petitions; thus, this action will enable efficiency and ease in the filing of citizen petitions. The final rule was effective upon publication. FDA Federal Register documents The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders: 34 International Trade Compliance January 2014 Baker & McKenzie F.R. Date 12-06-13 12-10-13 12-12-13 12-19-13 12-23-13 12-24-13 12-26-13 12-30-13 Subject Food Additives Permitted for Direct Addition to Food for Human Consumption; Acacia (Gum Arabic) [Docket No. FDA-2011-F-0765] (FR) Draft Guidance for Industry on Size, Shape, and Other Physical Attributes of Generic Tablets and Capsules; Availability [Docket No. FDA–2013–N–1434] (N) Draft Guidance for Industry on Recommendations for Preparation and Submission of Animal Food Additive Petitions; Reopening of the Comment Period [Docket No. FDA–2013–D–0928] (N) Veterinary Feed Directive [Docket No. FDA-2010-N-0155] (PR) Guidance for Industry on New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions With Guidance for Industry #209; Availability [Docket No. FDA-2011-D-0889] (N) Citizen Petition Submission; Technical Amendment [Docket No. FDA 2013-S0610] DSM Nutritional Products; Filing of Food Additive Petition (Animal Use) [Docket No. FDA–2013–F–1539] (N) DSM Nutritional Products; Filing of Food Additive Petition (Animal Use) [Docket No. FDA–2013–F–1540] (N) Focused Mitigation Strategies to Protect Food against Intentional Adulteration [Docket No. FDA-2013-N-1425] (PR) - also Public Meeting Notice Draft Guidance for Industry on Naming of Drug Products Containing Salt Drug Substances; Availability [Docket No. FDA–2013–D–1566] (N) New Animal Drugs for Use in Animal Feeds; Bambermycins; Correction [Docket No. FDA-2013-N-0002] (FR/C) International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Tapentadol; Tramadol; Ketamine; gammaButyrolactone; 22 Additional Substances; Request for Comments [Docket No. FDA-2013-N-1676] (N/RFC) APHIS and other USDA notices issued During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]: F.R. Date 12-03-13 12-04-13 12-10-13 12-23-13 12-31-13 35 International Trade Compliance January 2014 Subject FSIS: Descriptive Designation for Needle- or Blade-Tenderized (Mechanically Tenderized) Beef Products [Docket No. FSIS-2008-0017] (PR/RO) APHIS: Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products [Docket No. APHIS–2008–0010] (FR) APHIS: Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy [Docket No. APHIS–2013–0064] (N) APHIS: Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products [Docket No. APHIS-2008-0010] (FR/C) AMS: Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Changes to the Membership of the Softwood Lumber Board [Document Number AMS-FV-13-0038] (FR) AMS: Standards for Condition of Food Containers – Correction to 7 C.F.R. Part 42 APHIS: Importation of Beef From a Region in Brazil [Docket No. APHIS-20090017] (PR) APHIS: Importation of Avocados From Continental Spain [Docket No. APHIS2012-0002] (FR) APHIS: Importation of Fresh Apricots From Continental Spain [Docket No. APHIS-2011-0132] (FR) Baker & McKenzie F.R. Date Subject APHIS: Importation of Fresh Blueberry Fruit From Morocco Into the Continental United States [Docket No. APHIS-2013-0016] (PR) APHIS: Restructuring of Regulations on the Importation of Plants for Planting [Docket No. APHIS-2008-0011] (PR/RO) 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. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 36 International Trade Compliance January 2014 Australia - Exporter Guide Austria – FAIRS - Narrative Bosnia and Herzegovina - Exporter Guide Brazil - FAIRS- Narrative Bulgaria - Exporter Guide Bulgaria - FAIRS - Narrative Canada - Exporter Guide Canada - FAIRS - Narrative Canada - Food Processing Ingredients China - FAIRS - Narrative China - National Food Safety Standard for Edible Vegetable Oil (Draft) China - National Food Safety Standard for Use of Food Additives Colombia - Exporter Guide Colombia - FAIRS - Narrative Costa Rica - Exporter Guide Costa Rica - Exporter Guide Costa Rica - Exporter Guide Annual Costa Rica - FAIRS - Narrative Croatia - Exporter Guide Croatia - FAIRS - Narrative Cuba - FAIRS - Narrative Curacao - FAIRS Country Report Czech Rep. - Exporter Guide Czech Rep. - FAIRS - Narrative EurAsEC - Amended CU Regulations Allow Replacement Phytosanitary Certificate EurAsEC - EEC Draft Amendments to Regulations on Phytosanitary control in CU Honduras - FAIRS - Narrative Hong Kong - FAIRS - Narrative Hungary - Exporter Guide India - Bovine Germplasm Guidelines for Trade - Revised November 2013 India - Exporter Guide India - Food Processing Ingredients Japan - FAIRS - Narrative Japan - Food Processing Ingredients Kenya - Exporter Guide Korea, S. - Exporter Guide Lithuania - FAIRS - Certification Lithuania - FAIRS - Narrative Malaysia - Exporter Guide Malaysia - FAIRS - Narrative Mexico - Cotton and the VAT Tax in Mexico’s Maquiladora Industry Netherlands - Exporter Guide Netherlands - Food Processing Ingredients New Zealand - Exporter Guide Baker & McKenzie • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Nicaragua - Exporter Guide Pakistan - FAIRS - Narrative Panama - Food Processing Ingredients Philippines - FAIRS - Narrative Poland - FAIRS - Narrative Poland - FAIRS Certificate Report Romania - FAIRS - Narrative Russia - Draft Export Restriction Measure on Hides and Skins Russia - FAIRS - Narrative Russia - Russia Finalizes New National Standard for High Quality Beef Saudi Arabia - Exporter Guide Saudi Arabia - Saudi Arabia to Start Electronic Customs Clearance Serbia - Exporter Guide Serbia - FAIRS - Narrative Singapore - Exporter Guide Sint Maarten - FAIRS Country Report South Africa - Exporter Guide South Africa - Food Processing Ingredients Spain - Exporter Guide Spain - FAIRS - Narrative Spain - Food Processing Ingredients Taiwan - FAIRS- Narrative Trinidad and Tobago - FAIRS - Narrative Tunisia - FAIRS - Narrative Turkey - Turkey Implements Year-End Labeling Requirement Turks and Caicos - Turks and Caicos Islands Set New Meat Import Requirements UAE - FAIRS - Narrative Ukraine - Exporter Guide Ukraine - FAIRS - Certification Ukraine - FAIRS - Narrative Venezuela - Exporter Guide Venezuela - FAIRS- Narrative_ Vietnam - Technical Regulation on Microbiological MRLs in Food Vietnam - Technical Regulations on Mycotoxin and Heavy Metals MRLs in Foods Government Procurement: Thresholds amended On December 31, 2013 the Defense Acquisition Regulations System, Department of Defense (DoD) published in the Federal Register a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate increased thresholds for application of the WTO Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative (USTR). Every two years, the trade agreements thresholds are escalated according to a pre-determined formula set forth in the agreements. The USTR has specified the following new thresholds in the Federal Register (78 Fed. Reg. 76700, December 18, 2013 – see below) effective January 1, 2014: Trade Agreement WTO GPA FTAs: Australia FTA Bahrain FTA CAFTA-DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) Chile FTA 37 International Trade Compliance January 2014 Supply Contract (equal to or exceeding) 204,000 79,507 204,000 Construction Contract (equal to or exceeding) 7,864,000 7,864,000 10,335,931 79,507 7,864,000 79,507 7,864,000 Baker & McKenzie Supply Contract (equal to or exceeding) 79,507 100,000 204,000 25,000 79,507 204,000 204,000 79,507 Trade Agreement Colombia FTA Korea FTA Morocco FTA NAFTA—Canada —Mexico Panama FTA Peru FTA Singapore FTA Construction Contract (equal to or exceeding) 7,864,000 7,864,000 7,864,000 10,335,931 10,335,931 7,864,000 7,864,000 7,864,000 Also on December 31, 2013, the Department of Defense (DoD), General Services Administration (GSA) and the and National Aeronautics and Space Administration (NASA) published in a separate Federal Register final rule [FAC 2005-72; FAR Case 2013-021; Item IV; Docket No. 2013-0021, Sequence No. 1], amending the Federal Acquisition Regulation (FAR) to incorporate revised thresholds for application of the WTO Government Procurement Agreement and the Free Trade Agreements, as determined by USTR, effective January 1, 2014: Trade Agreement WTO GPA FTAs: Australia FTA Bahrain FTA CAFTA-DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) Chile FTA Colombia FTA Korea FTA Morocco FTA NAFTA—Canada —Mexico Oman FTA Panama FTA Peru FTA Singapore FTA Israeli Trade Act Supply Contract (equal to or exceeding) 204,000 79,507 204,000 Service Contract (equal to or exceeding) 204,000 79,507 204,000 Construction Contract (equal to or exceeding) 7,864,000 7,864,000 10,335,931 79,507 79,507 7,864,000 79,507 79,507 100,000 204,000 25,000 79,507 204,000 204,000 204,000 79,507 50,000 79,507 79,507 100,000 204,000 79,507 79,507 204,000 204,000 204,000 79,507 7,864,000 7,864,000 7,864,000 7,864,000 10,335,931 10,335,931 10,335,931 7,864,000 7,864,000 7,864,000 The final rule implements the new thresholds in FAR subpart 25.4, Trade Agreements, and other sections in the FAR that include trade agreements thresholds (i.e., 22.1503, 25.202, 25.603, 25.1101, and 25.1102). In addition, changes are required to the clauses 52.204-8, Annual Representations and Certifications, and 52.222-19, Child Labor—Cooperation with Authorities and Remedies, with conforming changes to the clause dates in 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, and 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items). 38 International Trade Compliance January 2014 Baker & McKenzie Government Procurement: DoD issues interim rule on origin of photovoltaic devices On December 20, 2013 the Defense Acquisition Regulations System, Department of Defense (DoD) published in the Federal Register an interim rule with request for comments (DFARS Case 2014–D006) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify rules of origin under trade agreements for photovoltaic devices to be utilized under covered DoD contracts, as required by a section of the National Defense Authorization Act for Fiscal Year 2011. Comments on the interim rule should be submitted in writing to the address shown in the Federal Register on or before February 18, 2014, to be considered in the formation of a final rule. Section 846 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111–383) addresses the origin of photovoltaic devices purchased by a contractor under an energy savings performance contract, a utility service contract, or a private housing contract, if such contract will result in DoD ownership of photovoltaic devices, by means other than DoD purchase as end products. DoD is deemed to own a photovoltaic device if the device is— (1) Installed on DoD property or in a facility owned by DoD; and (2) Reserved for the exclusive use of DoD for the full economic life of the device. The statute requires that photovoltaic devices provided under covered contracts shall comply with the Buy American statute (41 U.S.C. chapter 83), subject to the exceptions to that statute provided in the Trade Agreements Act, or otherwise provided by law. • Under the Buy American statute, there is an exception for other foreign photovoltaic devices, if covered by the Buy American statute and the cost of a domestic photovoltaic device would be unreasonable (i.e., 50 percent more than the cost of the foreign photovoltaic device). • For DoD, qualifying country photovoltaic devices may be utilized in any covered contract, because DFARS 225.103(a)(i)(A) provides an exception to the Buy American statute for products of qualifying countries, as defined in 225.003. • Depending on the value of the photovoltaic devices to be utilized, various trade agreements may apply to photovoltaic devices that are the product of a designated country. These photovoltaic devices may be broadly identified as WTO Government Procurement Agreement photovoltaic devices, Free Trade Agreement photovoltaic devices, or by the specific country of origin. DoD initially implemented this statute through an interim rule (DFARS Case 2011–D046), published in the Federal Register on December 20, 2011 (76 Fed. Reg. 78858). The interim rule added a new DFARS section 225.7017, Utilization of domestic photovoltaic devices; a clause at 252.225–7017, Photovoltaic Devices; and a provision at 252.225–7018, Photovoltaic Devices—Certificate. DoD finalized the interim rule, with changes on May 22, 2012 (77 FR 30368). The final rule explains that for purposes of determining that a photovoltaic device is eligible for an exception to the Buy American statute due to applicability of a trade agreement, the origin of a photovoltaic device is the country in which the photovoltaic device was wholly manufactured (including all components), or the country in which the photovoltaic device was “substantially transformed” into a new and different article with a name, character, or use distinct from that of the 39 International Trade Compliance January 2014 Baker & McKenzie article or articles from which it was transformed. Since implementation in the DFARS, some questions have arisen as to where the substantial transformation of some solar panels occurs, when different phases of the production process occur in different countries. DOD has determined, after consultation with the United States Trade Representative, that clarification is needed to avoid confusion by offerors on how to determine the country of origin of a photovoltaic device, when trade agreements provide an exception to the Buy American statute. The interim rule makes two clarifications to provide greater certainty and avoid confusion by offerors responding to solicitations that are governed by section 846 and the associated DFARS implementing provisions. Both clarifications are consistent with existing DoD practices. First, the rule clarifies that the country of origin is the country in which the final substantial transformation occurred. Each of the definitions for specific types of designated photovoltaic devices has been amended to specify that the photovoltaic device is not subsequently substantially transformed outside of the specified country. Second, a new paragraph (c) has been added to the provision at 252.225–7018, which directs offerors to certify the origin of a designated country photovoltaic device consistent with country of origin determinations by US Customs and Border Protection for the same or similar items. If the offeror is uncertain, the provision directs the offeror to request a determination from US Customs and Border Protection. This guidance applies only to the origin of designated country photovoltaic devices (as defined in 252.225–7017(a)). The origin of domestic photovoltaic devices and qualifying country photovoltaic devices is not based on substantial transformation, but on place of manufacture (regardless of the origin of the components). FAR 52.225–18 defines “place of manufacture” as the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product to be provided to the Government (in this case the photovoltaic device to be utilized under the contract). US-made photovoltaic devices are not designated country photovoltaic devices, but their utilization is allowed, consistent with FAR 25.403(c), when the value of the photovoltaic devices utilized exceeds $202,000, so that US- made photovoltaic devices that do not qualify as domestic photovoltaic devices are not disadvantaged in favor of designated country photovoltaic devices. US-made photovoltaic devices may be manufactured or substantially transformed in the United States. Therefore, a US-made photovoltaic device may qualify on the basis of manufacture in the US, even if it does not meet the more stringent requirements of substantial transformation in the United States. USTR Publishes TAA Government Procurement Thresholds On December 18, 2013, The Office of the US Trade Representative (USTR) published in the Federal Register a notice of determination of procurement thresholds for implementation of the Trade Agreements Act of 1979, as amended (TAA, 19 U.S.C. 2511 et seq.). Executive Order 12260 requires USTR to set the US dollar thresholds for application of Title III of the TAA, which implements US trade agreement obligations, including those under the WTO Agreement on Government Procurement, Chapter 15 of the US-Australia FTA, Chapter 9 of the USBahrain FTA, Chapter 9 of the US-Chile FTA, Chapter 9 of the United StatesColombia FTA, Chapter 9 of the Dominican Republic-Central American-United 40 International Trade Compliance January 2014 Baker & McKenzie States Free Trade Agreement (DR–CAFTA), Chapter 9 of the US-Morocco FTA, Chapter 10 of the North American Free Trade Agreement (NAFTA), Chapter 9 of the US-Oman FTA, Chapter 9 of the United States-Panama TPA, Chapter 9 of the US-Peru TPA, and Chapter 13 of the US- Singapore FTA. These obligations apply to covered procurements valued at or above specified US dollar thresholds. See table below for the thresholds. Agreement WTO Agreement on Government Procurement US-Australia FTA US-Bahrain FTA US-Chile FTA Government Level Central gov’t (Annex. 1) Sub-central government (Annex. 2) Other entities (Annex 3) Central gov’t (Annex. 15-A, Sec. 1) Sub-central gov’t (Ann. 15-A, Sec. 2) Other entities (Annex 15-A, Sec.3) Central gov’t (Annex 9-A- 1) Other entities (Annex 9-A-2) Central gov’t (Annex. 9.1, Sec. A) Sub-central gov’t (Annex. 9.1, Sec.B) Other entities (Annex 9.1, Sec. C) Central gov’t (Annex. 9.1, Sec. A) Sub-central gov’t (Annex. 9.1, Sec.B) Other entities (Annex 9.1, Sec. C) Central gov’t (Annex. 9.1.2(b)(i) Sec.A) Sub-central gov’t (Annex. 9.1.2(b)(i) DR-CAFTA Sec.B) Other entities (Annex 9.1.2(b)(i) Sec. C) Central gov’t (Annex. 9-A-1) US-Morocco Sub-central gov’t (Annex. 9-A-2) FTA Other entities (Annex 9-A-3) Federal entities (Annex 1001.1a-1) NAFTA Gov’t enterprises (Annex 1001.1a-2) Central gov’t (Annex 9, Sec. A) US-Oman FTA Other entities (Annex 9, Sec. B) Central gov’t (Annex 9.1, sec. A) Sub-central gov’t (Annex. 9.1, Sec.B) US-Panama TPA Other entities (Annex 9.1, Sec. C) Panama Canal Authority Central gov’t (Annex. 9.1, Sec. A) US-Peru TPA Sub-central gov’t (Annex. 9.1, Sec.B) Other entities (Annex 9.1, Sec. C) Central gov’t (Annex. 13A, Sch.1, Sec. A) US-Singapore Sub-central gov’t (Ann. 13A, Sch.1, Sec. ) FTA Other entities (Annex 13A, Sch.1, Sec. C) US-Colombia FTA Goods & Construction Services $204,000 $7,864,000 558,000 7,864,000 629,000 7,864,000 79,507 558,000 (List A) 397,535 (List B) 629,000 204,000 629,000 79,507 558,000 (List A) 397,535 (List B) 629,000 79,507 558,000 629,000 79,507 558,000 629,000 204,000 558,000 629,000 79,507 397,535 204,000 629,000 204,000 558,000 629,000 629,000 204,000 558,000 629,000 79,507 558,000 629,000 7,864,000 7,864,000 7,864,000 10,335,931 12,721,740 7,864,000 7,864,000 7,864,000 7,864,000 7,864,000 12,721,740 7,864,000 7,864,000 7,864,000 7,864,000 7,864,000 7,864,000 10,335,931 12,721,740 10,335,931 12,721,740 7,864,000 7,864,000 7,864,000 7,864,000 7,864,000 7,864,000 7,864,000 7,864,000 7,864,000 Government Procurement: DoD to remove DoD-unique list On December 6, 2013, the Defense Acquisition Regulations System, Department of Defense (DoD), published in the Federal Register a proposed rule [DFARS Case 2013-D020] amend the Defense Federal Acquisition Regulation Supplement (DFARS) to DoD is proposing to revise the DFARS to remove section 225.104 in its entirety, because the articles currently listed no longer qualify as an exception to the Buy American statute (41 U.S.C. § 8302(a)), on the basis of their nonavailability. because these items have been found to be either available domestically or are not used by DoD. 41 International Trade Compliance January 2014 Baker & McKenzie Comments on the proposed rule should be submitted in writing to the address shown below in the Federal Register document or before Comments on the proposed rule should be submitted in writing to the address shown in the Federal Register document on or before February 4, 2014, to be considered in the formation of a final rule. Commerce issues notification of HOPE quantitative limits On December 19, 2013, the International Trade Administration, Department of Commerce published in the Federal Register a notification of annual quantitative limit on certain apparel under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act of 2006 (HOPE). HOPE provides for duty-free treatment for certain apparel articles imported directly from Haiti. Section 213A(b)(1)(B) of HOPE outlines the requirements for certain apparel articles to qualify for duty-free treatment under a “value-added” program. In order to qualify for duty-free treatment, apparel articles must be wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns, as long as the sum of the cost or value of materials produced in Haiti or one or more countries, as described in HOPE, or any combination thereof, plus the direct costs of processing operations performed in Haiti or one or more countries, as described in HOPE, or any combination thereof, is not less than an applicable percentage of the declared customs value of such apparel articles. Pursuant to the Haiti Economic Lift Program Act of 2010 (HELP), the applicable percentage for the period December 20, 2013 through December 19, 2014, is 50 percent or more. For every twelve month period following the effective date of HOPE, duty-free treatment under the value-added program is subject to a quantitative limitation. For the one-year period beginning on December 20, 2013 and extending through December 19, 2014, the quantity of imports eligible for preferential treatment under the value added program is 322,629,971 square meters equivalent. Apparel articles entered in excess of these quantities will be subject to otherwise applicable tariffs. 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 Subject Drug Enforcement Admin. (DEA): Schedules of Controlled Substances: Placement of Perampanel into Schedule III [Docket No. DEA–374] (FR) Energy: Energy Efficiency Program for Industrial Equipment: Final Determina12-02-13 tion Classifying UL Verification Services Inc. as a Nationally Recognized Certification Program for Small Electric Motors [Docket No. EERE–2013–BT–DET– 0017] (N) Final Determination Energy: Energy Conservation Program: Energy Conservation Standards for Certain Consumer Products [Docket Number EERE–2013–BT–NOA–0047] (FR, Tech, amend.) 12-03-13 Labor: Child Labor, Forced Labor, and Forced or Indentured Child Labor in the Production of Goods in Foreign Countries and Efforts by Certain Countries to Eliminate the Worst Forms of Child Labor (N/RFC) Environmental Protection Agency (EPA): Electronic Reporting Under the Toxic Substances Control Act [EPA–HQ–OPPT–2011–0519; FRL–9394–6] (FR) 12-04-13 EPA: Product Cancellation Order for Certain Pesticide Registrations; Correction [EPA–HQ–OPP–2009–1017; FRL–9902–63] (N/C) 42 International Trade Compliance January 2014 Baker & McKenzie F.R. Date 12-05-13 12-06-13 12-09-13 12-10-13 12-11-13 12-13-13 12-17-13 12-18-13 12-20-13 12-24-13 12-26-13 12-27-13 43 International Trade Compliance January 2014 Subject EPA: Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations [EPA–HQ–OPP–2010–0014; FRL–9902–41] (N) National Highway Traffic Safety Administration (NHTSA): Registered Importers of Vehicles Not Originally Manufactured To Conform to the Federal Motor Vehicle Safety Standards [Docket No. NHTSA–2013–0041; Notice 1] (PR) Energy: Energy Conservation Program: Energy Conservation Standards for Commercial and Industrial Electric Motors [Docket Number EERE–2010–BT– STD–0027] (PR) Energy: Energy Efficiency Program for Consumer Products: Energy Conservation Standards for General Service Lamps [Docket No. EERE–2013–BT– STD–0051] (N/H) and Framework Doc. availability NHTSA: Decision that Certain Nonconforming Motor Vehicles are Eligible for Importation [Docket No. NHTSA-2013-0136] (N) EPA: Prohydrojasmon; Exemption from the Requirement of a Tolerance [EPAHQ-OPP-2012-0832; FRL-9398-1] (FR) EPA: Flonicamid; Pesticide Tolerances [EPA-HQ-OPP-2013-0038; FRL-990207] (FR) EPA: Flutriafol; Pesticide Tolerances [EPA-HQ-OPP-2013-0295; FRL-990217] (FR) EPA: Pesticide Products; Registration Applications for New Active Ingredients [EPA-HQ-OPP-2013-0026; FRL-9903-52] (N) Patent and Trademark Office: Changes to Implement the Patent Law Treaty; Correction [Docket No.: PTO-P-2013-0007] (FR/C) Energy: Energy Conservation Program: Test Procedures for Electric Motors [Docket No. EERE-2012-BT-TP-0043] (FR) NHTSA: Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety [Docket No. NHTSA-2013-0116] (N/RFC) EPA: Pesticide Experimental Use Permit; Notice of Receipt of Application; Comment Request [EPA–HQ–OPP–2013–0732; FRL–9903–56] (N) EPA: Notice of Receipt of Pesticide Products; Registration Applications To Register New Uses [EPA–HQ–OPP–2013–0025; FRL–9903–82] (N) EPA: Registration Applications for Pesticide Products Containing New Active Ingredients; Corrections [EPA–HQ–OPP–2013–0770; FRL–9402–9] (N) EPA: Notice of Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities; Corrections [EPA–HQ– OPP–2013–0770; FRL–9904–17] (N/C) EPA: Endothall; Pesticide Tolerances [EPA–HQ–OPP–2012–0431; FRL– 9402–4] (FR) EPA: Tall Oil, Polymer With Polyethylene Glycol and Succinic Anhydride Monopolyisobutylene Derivs.; Tolerance Exemption [EPA–HQ–OPP–2013–0525; FRL–9903–19] (FR) Energy: Energy Conservation Program: Energy Conservation Standards for Certain Consumer Products [Docket No. EERE–2013–BT–NOA–0047] (PR) EPA: Mandipropamid; Pesticide Tolerances [EPA–HQ–OPP–2012–0980; FRL–9903–57] (FR) EPA: Registration Review; Pesticide Dockets Opened for Review and Comment [EPA–HQ–OPP–2013–0769; FRL–9903–60] (N) Energy: Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnace Fans [Docket Number EERE– 2010–BT–STD–0011] (N/E) EPA: Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import and Export [EPA-HQ-OAR-20130263; FRL-9900-52-OAR] (PR) EPA: Notice of Receipt of Pesticide Products; Registration Applications To Register New Uses [EPA–HQ–OPP–2013–0025; FRL–9904–60] (N) NHTSA: Early Warning Reporting, Foreign Defect Reporting, and Motor Vehicle and Equipment Recall Regulations; Meeting [Docket No. NHTSA—2012– 0068; Notice 3] (N/H) EPA: Indoxacarb; Pesticide Tolerances [EPA-HQ-OPP-2012-0420; FRL-990392] (FR) EPA: Isopyrazam; Pesticide Tolerances [EPA-HQ-OPP-2012-0509; FRL- Baker & McKenzie F.R. Date Subject 9903-53] (FR) EPA: Pendimethalin; Pesticide Tolerances [EPA-HQ-OPP-2013-0071; FRL9904-04] (FR) EPA: Copper Sulfate Pentahydrate; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2013-0286; FRL-9904-30] (FR) EPA: Extension of Tolerances for Emergency Exemptions (Multiple Chemicals) [EPA-HQ-OPP-2013-0777; FRL-9904-15] (FR) EPA: 2,5-Furandione, polymer with ethenylbenzene, reaction products with polyethylenepolypropylene glycol 2-aminopropyl Me ether; Tolerance Exemption [EPA-HQ-OPP-2013-0540; FRL-9902-90] (FR) Energy: Energy Conservation Program for Consumer Products and Commercial and Industrial Equipment: Effect of Revised Estimates of the Social Cost of Carbon (N) Energy: Energy Efficiency Program for Industrial Equipment: Petition of CSA Group for Classification as a Nationally Recognized Certification Program for Small Electric Motors [Docket No. EERE-2013-BT-DET-0053] (N) 12-30-13 EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2013-0023; FRL9903-69] (N/RFC) Pipeline and Hazardous Materials Safety Administration: Hazardous Materials: Adoption of ASME Code Section XII and the National Board Inspection Code [Docket Number PHMSA-2010-0019 (HM-241)] (PR) Defense/GSA/NASA: Federal Acquisition Regulation; Federal Acquisition Circular 2005-72; Introduction [Docket No. FAR 2013-0076, Sequence No. 8] Summary of FR Defense/GSA/NSA: Federal Acquisition Regulation; Federal Acquisition Circular 2005-72; Small Entity Compliance Guide [Docket No. FAR 2013-0078, Sequence No. 8] Small Entity Compliance Guide Defense/GSA/NASA: Federal Acquisition Regulation; Prioritizing Sources of Supplies and Services for Use by the Government [FAC 2005-72; FAR Case 2009-024; Item II; Docket No. 2011-0086, Sequence No. 1] (FR) Energy: Energy Conservation Program: Alternative Efficiency Determination Methods, Basic Model Definition, and Compliance for Commercial HVAC, 12-31-13 Refrigeration, and WH Equipment [Docket No. EERE-2011-BT-TP-0024] (FR) Energy: Energy Conservation Program for Consumer Products: Landmark Legal Foundation; Petition for Reconsideration [Docket No. EERE-2013-BTPET-0043] (N) of denial Energy: Energy Conservation Program for Consumer Products: Proposed Determination of Hearth Products as a Covered Consumer Product [Docket No EERE-2013-BT-DET-0057] (Proposed Determination) Energy: Energy Conservation Program: Proposed Determination of Set-Top Boxes and Network Equipment as a Covered Consumer Product [Docket No. EERE-2010-BT-DET-0040] (Proposed Determination/Withdrawal) Energy: Energy Conservation Program: Test Procedure for Set-top Boxes [Docket No. EERE-2012-BT-TP-0046] (PR/Withdrawal) Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. The Americas - South America Argentina Boletin Oficial publications The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de 44 International Trade Compliance January 2014 Baker & McKenzie la Republica Argentina (Official Gazette) or the Customs Bulletin during the period covered by this Update [Unofficial translation]. BO Date Subject Decree 2003/2013 (28-11-2013) exemption from duties and taxes for prod02-12-13 ucts originating in participating countries in the “Fiesta de las Colectividades y Artesanías del Mundo”. Decree 2014/2013 (02-12-2013) amending soybean export duty rates incorporation into Decree 509/2007 National Administration of Drugs, Food and Medical Technology (ANMATM): 03-12-13 Disp. № 7247/2013 (28-11-2013) prohibiting the commercialization in the national territory of a listed food product ANMATM: Disp. № 7248/2013 (28-11-2013) prohibiting the use and commercialization in the national territory of listed medical products Federal Tax Administration (AFIP): Gen. Res. № 3553 (02-11-2013) Temporary importation-exportation “Rally Dakar Argentina-Bolivia-Chile 2014” 04-12-13 ANMATM: Disp. № 7271/2013 (02-12-2013) prohibiting the commercialization in the national territory of listed food products ANMATM: Disp. № 7270/2013 (02-12-2013) prohibiting the use and commercialization in the national territory of listed medical products Decree 2024/2013 (03-12-13 Exempting from duties and taxes products from participating countries in the International Fair known as “Ventana Sur” AFIP: Gen. Res. № 3557 (02-12-13) Reference values of a preventive 05-12-13 character (Exports) supplementing Gen. Res. № 2716 AFIP: Gen. Res. № 3554 (02-12-13) Reference values of a preventive character (Imports) supplementing Gen. Res. № 2730 AFIP: Gen. Res. 3556 (02-12-13) Reference values of a preventive character (Imports) supplementing Gen. Res. № 2730 06-12-13 AFIP: Gen. Res. 3555 (02-12-13) Reference values of a preventive character (Imports) supplementing Gen. Res. № 2730 AFIP: Gen. Res. № 3560 (05-12-13) “Malvina” Information System 09-12-13 AFIP: Gen. Res. № 3559 (04-12-13) Export destinations for natural gas consumption. Determination of taxable value. ANMATM: Disp. № 7427/2013 (04-12-13) prohibiting the use or 10-12-13 commercialization in the national territory of a listed cosmetic product 16-12-13 Law № 26,905 (06-12-13) – Reducing the consumption of Sodium in Food AFIP: Gen. Res. № 3571 (16-12-13) Special regie for issuance and 18-12-13 electronic storage of original receipts. General Resolution No. 2,485 and No. 2,758,amended and supplemented. Standard amended and modified. ANMATM: Disp. № 7748/2013 (18-12-2013) prohibiting the 23-12-13 commercialization in the national territory of listed food products ANMATM: Disp. № 7750/2013 (18-12-2013) prohibiting the 24-12-13 commercialization in the national territory of listed food products ANMATM: Disp. № 7752/2013 (18-12-2013) prohibiting the 26-12-13 commercialization in the national territory of listed food products ANMATM: Disp. № 7842/2013 (20-12-2013) prohibiting the 31-12-13 commercialization in the national territory of listed medical products Brazil Brazil to hold public consultations on IP retaliation for WTO cotton ruling The Council of Ministers of the Chamber of Foreign Trade (CAMEX), chaired by the Ministry of Development, Industry and Foreign Trade (MDIC), announced that at its December 18, 2013, meeting, it decided to restart in January, the process of public consultations on intellectual property in retaliation against the United States, for failure to comply with the WTO cotton decision. Public consultations with stakeholders will be held from January 2, 2014 until January 31, 2014. The 45 International Trade Compliance January 2014 Baker & McKenzie technical group established to identify, evaluate and formulate proposals for the implementation of authorized countermeasures will have until February 28, 2014, to make the decision about the adoption of retaliatory measures of goods. In 2010, on the eve of beginning the original retaliation by Brazil, the United States proposed an interim agreement through a Memorandum of Understanding and US-Brazil Framework Agreement. The agreement suspended operation of retaliation and has made the U.S. government carry out annual payments of $ 147.3 million, in monthly installments to the Brazilian Cotton Institute (IBA). Resources were directed to financing of technical cooperation and assistance to Brazilian cotton farmers activities until a new Farm Bill was passed in the United States, in keeping with the WTO decision. The farm bill expired September 30, 2013. Since that time, the US has not made payments to IBA. The cotton litigation was the result of nearly eight years of litigation and over four years of failure by the US against decisions of the WTO Dispute Settlement Body. The value of retaliation authorized by the WTO arbitrators was the second largest in history and resulted from US noncompliance. Diário Oficial da União publications The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official Gazette) during the period covered by this Update. DOU Date 02-12-13 04-12-13 05-12-13 09-12-13 13-12-13 19-12-13 20-12-13 46 International Trade Compliance January 2014 Subject SECEX Circular № 74 of 29 Nov. 2013 -. Opening, from the date of publication of this consultation, the period of 40 (forty) days to be presented suggestions for amending the Decree No. 1,751, of December 19, 1995, which governs administrative procedures for the implementation of compensatory measures. SECEX Ordinance № 49, of 29 Nov. 2013 -. SECEX Amendment to Ordinance No. 23, dated July 14, 2011 CAMEX Resolution № 102 of 3 Dec. 2013 - Changes the Brazilian List of Exceptions to the Common External Tariff of MERCOSUR CAMEX Resolution № 103 of 6 Dec. 2013- Changes to 2% (two percent) the rates of import duty levied on capital goods, on condition Ex-tariff CAMEX Resolution № 104 of 6 Dec. 2013 - Changes the name of the company’s commitment to constant prices, which Art. 2nd CAMEX Resolution No. 61, 2011 SECEX Ordinance № 50, of 12 Dec. 2013 - Establishes criteria for allocating quotas for imports, determined by CAMEX Resolution 96, of November 25, 2013. CAMEX Resolution № 105, of 18 Dec. 2013 - Approves the resumption of proceedings with a view to the suspension of concessions or obligations assumed by the country under the General Agreement on Tariffs and Trade 1994 and the rights of intellectual property and others, against the United States in the context of litigation “United States America - Cotton Subsidies “(WT / DS 267), repealing Art. 2 of CAMEX Resolution 43, of June 17, 2010, and amending art. 3 of CAMEX Resolution 16, of 12-03-10. SECEX Ordinance № 51, of 19 Dec. 2013 - Terminates the special procedure for declaration of non-preferential origin with disqualification of Malaysian origin for the product “viscose meshes with or without spandex” classified under items 6006.44.00 and 6006.42.00 of the NCM CAMEX Resolution № 108 of 18 Dec. 2013 - Amends. 1 of CAMEX Resolution 57, of 24-07-13 and other measures. CAMEX Resolution № 109 of 19 Dec. 2013 - Dismissed the requests for reconsideration presented in the face of CAMEX Resolution 57, dated 24-07- Baker & McKenzie DOU Date Subject 13 CAMEX Resolution № 110 of 18 Dec. 2013 - Dismisses the request for reconsideration presented in the face of CAMEX Resolution 76, 30-09-13 CAMEX Resolution № 111 of 18 Dec. 2013 - Dismissed the requests for reconsideration presented in the face of CAMEX Resolution No. 77 of 02-1013 CAMEX Resolution № 112 of 18 Dec. 2013 - Dismissed the requests for reconsideration presented in the face of CAMEX Resolution 79, of 03-10-13 CAMEX Resolution № 113 of 18 Dec. 2013 Dismisses the request for reconsideration presented in the face of CAMEX Resolution 80, of 03-10-13 CAMEX Resolution № 118 of 18 Dec. 2013 - Amends. Art 1 of CAMEX Resolution No. 50, 2010. SECEX Ordinance № 52 of 23 December 2013 - Closes special nonpreferential origin verification procedure with the disqualification of India origin for “citric acid” and “sodium citrate” Products , ranked respectively in items 2918.14.00 and 2918.15.00 of the Mercosur Common Nomenclature 24-12-13 SECEX Ordinance № 53 of 23 December 2013 - Terminates the special procedure for declaration of non-preferential origin with disqualification of origin India for “citric acid” product, classified in subsection 2918.14. 00 of the Mercosur Common Nomenclature. CAMEX Resolution № 119 of 26 December 2013 - Changes to 2% (two percent) the rate of import duty levied on Information Technology and Telecommunication Well, on condition Ex-tariff. CAMEX Resolution № 119 of 26 December 2013 - Changes to 2% (two percent) the rate of import duty levied on Information Technology and Telecommunication Well, on condition Ex-tariff. CAMEX Resolution № 120, of 26 December 2013 - Changes to 2% (two 27-12-13 percent) the rates of import duty levied on capital goods, on condition Extariff. CAMEX Resolution № 121 of 26 December 2013 - Extending until June 30, 2014, the term of the former Tariff CAMEX Resolution № 48 of 5 July 2012, CAMEX Resolution № 60 of 20 August 2012 and Resolution CAMEX № 91 of 17 December 2012 , and extending until December 31, 2014, the term of CAMEX Resolution № 10 of 5 February 5, 2013 , CAMEX Resolution № 16 , of 27 February 2013 and CAMEX Resolution № 17 of 28 March 2013 CAMEX Resolution № 125 (26 Dec. 2013) Amendment to the Brazilian List of Exceptions to the Common External Tariff of MERCOSUR - LETEC 30-12-13 CAMEX Resolution № 126 (26 Dec. 2013) Establishes conditions for the marketing of the transactions under the terms of the Export Financing Program - PROEX Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Chile National Customs postings and Diario Oficial The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la República de Chile (Official Gazette) or [Partial list; Unofficial translation]. Date Subject 03-12-13 NCS: Res. № 12114 Are instructions to Customs that indicate the Standards 47 International Trade Compliance January 2014 Baker & McKenzie Date 13-12-13 23-12-13 26-12-13 27-12-13 28-12-13 30-12-13 Subject on Electronic Presentation of Cargo Manifest for Entry via Sea Hacienda: Decree 1155 Applies cuts to customs duty for imports of wheat and flour of wheat or meslin Ministry of Agriculture and Livestock: Res. № 8186 ; Sets phytosanitary import requirements for fresh fruits for consumption of avocado (Persea americana) Hass, from the Departments of Peru indicated and approved work plan Ministry of Agriculture and Livestock: Res. № 8183 Amendment to Resolution No. 3,333, of 2007, which establishes phytosanitary entry requirements of ornamental species seeds Ministry of Agriculture and Livestock: Res. № 8182 Prohibits the use of seed for propagation avocado (Persea Americana), arising from fresh fruit for consumption imported from origins to present Avocado sunblotch Viroid (ASBVd) Hacienda: Decree № 420 Refunds of Customs duties on imports of raw sugars, refined sugar grade 1 and 2 and refined sugar grade 3 and 4 and substandard Energy: Circular 11185 – Prohibiting commercialization of lighted wreaths and wreaths with LED lights Hacienda: Res. № 810 Fixed Amounts of Tariffs for the Development Process Established Law No. 20,129 Agriculture & Livestock: Res. № 7831 Amending Resolution No. 1725, 1990, fixing health requirements for the entry to Chile of chilled or frozen meat of sheep 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 here. For prior years, please see this webpage. MinCIT, MinHacienda and DIAN Documents The following documents of interest to international traders were posted by the Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Hacienda) or the National Directorate of Taxes and Customs (DIAN): Date Subject DIAN: Cir. 1709-2013 (1 Dec. 2013) Ad-Valorem taxes applicable to agricul01-12-13 tural products reference their substitutes, agroindustrial products or byproducts. 48 International Trade Compliance January 2014 Baker & McKenzie Date Subject MinCIT: Circular 033, 2013 (3 Dec. 2013). Method of requests for certificates 03-12-13 of existence of domestic production through the Single Window for Foreign Trade – VUCE MinCIT: Decree 2859 (9 Dec. 2013) – Modifying the Tariff Schedule and 09-12-13 providing certain duty changes Hacienda: Decree 2884 (11 Dec., 2013) Modifying Decree 2685 of 1999 regarding Free Zones Hacienda: Decree 2884 (11 Dec, 2013), whereby the Government adopts the recommendation issued by the AAA (Customs, Tariffs and Foreign Trade 11-12-13 Affairs) Committee at its meeting 267, November 29, 2013, in the sense of allowing the industrial user of a Permanent Special Free Zone Services - contribution of the land of the Free Zone to partner with public entities or administering public funds, in order to promote economic growth and development of the competitiveness of the region through the zone. DIAN: Cir. 000041-2013 (13 Dec. 2013) Reference Price of Agricultural Products. 13-12-13 DIAN: Cir. 1716-2013 (13 Dec. 2013) Ad-Valorem taxes applicable to agricultural products reference their substitutes, agroindustrial products or byproducts. MinCIT: Decree 2909 of 2013 (17 Dec. 2013) through which the Government adopted the recommendations made by the Committee in its Triple A sessions 230 April 14, 2011, 241, April 16, 2012, 248, October 30, 2012 and March 19, 254 2013, amending the Customs Tariff and setting for a term of three (3) years for annual imports of clean technology vehicles (electric and hybrid) quotas. 17-12-13 MinCIT: Decree 2910 of 2013 ( 17 Dec. 2013) by which the Government adopted the recommendation made by the Committee at its meeting Triple A 260 of 17 July 2013 establishing a “Program Development for the Automotive Industry”, which consists in authorizing the program beneficiary (entity) to import duty or tariff tax exemption, certain assets with a commitment to incorporate in the production of vehicles and auto parts for sale in the domestic or foreign market MinCIT: Circular 034 2013 (23 Dec. 2013) - Resolution 000436, 000437 and 000438 in 2013 - is regulate and administer import quotas for beans, pork 23-12-13 and beef originating in Canada for 2014 MinCIT: Circular 035, 2013 (23 Dec. 2013) - Decree 2859 of 2013 - Amends part tariff schedule MinCIT: Circular 036, 2013 (26 Dec. 2013). Distribution and administration of the export quota of sugar and sugar products within the trade promotion agreement for Colombia - United States 26-12-13 DIAN: Circular 1723-2013 (26 Dec. 2013) Ad-Valorem taxes applicable to agricultural products reference their substitutes, agroindustrial products or byproducts. SUNAT: Res. № 14-2013/SUNAT/3A0000 - Amends Resolution No. 00828-12-13 2013-SUNAT/3A0000 National Quartermaster and specific procedure “Entering Notebooks by Airlines Crew” INTA-PE.14.01 (Version 3) SUNAT: Res. № 15-2013/SUNAT – Applications of Preferences under 29-12-13 agreements signed by Peru under the 1980 Montevideo Treaty INTA-PE 01.12 (ver 3) 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. 49 International Trade Compliance January 2014 Baker & McKenzie 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) (ddmm-yy): Date 03-12-13 06-12-13 10-12-13 13-12-13 18-12-13 19-12-13 20-12-13 21-12-13 22-12-13 24-12-13 Subject Foreign Affairs: Agreement between Peru and the Organization for the Prohibition of Chemical Weapons ratified by Sup. Decree № 047-2013-RE Foreign Affairs: Entry into Force of the Chemical Weapons Convention SUNAT: Res. № 347-2013/SUNAT Approving standards for issuing air waybills for international transport Economy and Finance: Vice. Min. Res. № 024-2013-EF/15.01 CIF reference prices for application of the variable duty rates or tariff reduction referred to in DS 115-2001- EF corn, sugar, rice, and whole milk power SUNAT: Res. № 00374-2013-SUNAT/300000 Amends Regulation Scheme for Gradual implementation of the sanctions of fines, approved by Resolution of the National Customs Deputy Superintendent No. 473-2012/SUNAT/A 10/12/2013 Economy and Finance: Sup. Decree № 307-2013-EF Amending regulation of the Customs Law approved by Sup. Decree № 010-2009-EF SUNAT: Res. № 360-2013/SUNAT approving provisions for implementing the Register of Members of Agricultural Cooperative and others – Law № 29972 SUNAT: Res. № 00396-2013/SUNAT/300000 Amends the procedure “Authorization and Accreditation of Foreign trade Operators” INTA-PG.24 (ver 2) Foreign trade and Tourism: Min. res. № 336-2013-MINCETUR Expansion of the Single Window for Foreign trade - VUCE Congress: Law № 30131 Act authorizing SUNAT to provide goods Economics and Finance: Sup. Decree № 318-2013-EF – Updating tables for goods in the Customs price band system ref. Sup. Decree № 115-2001-EF Economics and Finance: Vice Min. Res. № 025-2013-EF/15.01 CIF reference prices for variable duty or tariff reduction (DS № 115-2001-EF for imports of corn, sugar, rice and milk SUNAT: Res. № 362-2013/SUNAT regulate documents issued to agricultural cooperatives and their members under Law 29972. SUNAT: Res. № 00407-2013-SUNAT/300000 Approval of Forms temporary departure baggage, proof of custody and printing of baggage declaration SUNAT: Res. № 410-2013/SUNAT/300000 General procedure approved for postal services (INTA-PG-13 (ver.2) and modification of general procedure “Authorization and Accreditation of Foreign Trade Operators (INTA-PG.24 (ver 2) INDECOPI: Res. № 297-2013/CFD-INDECOPI Dumping duties on imports of certain apparel from China (shirts, socks, pants, shorts, polo shits and underwear) Foreign Affairs: Min. Res. № 1048/RE-2013 relating to UNSC Res. 2128 – Situation in Liberia Health: Sup. Decree № 016-2013-SA Amends articles for the regulation, registration, control and health surveillance of pharmaceutical products, medical devices and health products. Asia-Pacific [Please note that material pertaining to the Eurasian Economic Community (EurAsEC) and the new Customs Union between Russia, Belarus and Kazakhstan is shown under EUROPE.] 50 International Trade Compliance January 2014 Baker & McKenzie Australia Customs Amendment (Infringement Notices) Regulation 2013 On 18 December 2013, the Australian Customs and Border Protection Service (ACBP) released ACBP Notice 2013/67 which announced that the Customs Amendment (Infringement Notices) Regulation 2013, which was previously released to industry as an exposure draft, was approved by the Federal Executive Council on 12 December 2013 and will commence on 1 February 2014. The regulation creates a framework for the use of infringement notices where an infringement officer has reasonable grounds to believe that a provision of the Customs Act 1901 (the Act) has been contravened. Key aspects of the infringement notice scheme (INS) contained in the Regulation include: • when an infringement notice can be issued; • the offences for which an infringement notice may be issued; • what matters must be included in an infringement notice; • the process for seeking a withdrawal of an infringement notice; and • the process for seeking to extend the period for payment of the penalty. The previous Customs Act INS and INS Guidelines continue to apply where the date of the alleged offence is prior to 1 February 2014, even if the infringement notice is issued on or after 1 February 2014. A person can be given an infringement notice in relation to a contravention of a provision of the Act that is subject to an infringement notice under the Schedule. A person who is given an infringement notice can choose to pay an amount as an alternative to having court proceedings brought against the person for a contravention of a provision subject to an infringement notice under the Schedule. If the person does not choose to pay the amount, proceedings can be brought against the person in relation to the contravention. On 18 October 2013, ACBPS released an exposure draft of the Customs Amendment (Infringement Notices) Regulation 2013 and associated draft INS Guide for industry comment (see ACBPN 2013/52 refers). Several members of the trading community provided comments, with most comments focussed on the draft Guide rather than the Regulation. An updated INS Guide, incorporating aspects of the industry feedback, will be published on the ACBPS website before commencement of the Regulation. ACBP has included additional information in the Regulation’s Explanatory Statement in response to some of the feedback provided by industry regarding the Regulation itself. Import Processing Charges Amendment Bill passes Parliament Australian Customs and Border Protection (ACBP) Notice 2013/66 dated 13 December 2013, announced that the Import Processing Charges Amendment Bill 2013 has passed both Houses of Parliament. It is expected that Royal Assent will be completed shortly. The Bill amends the Import Processing Charges Act 2001 to increase the import processing charges (IPC) for air, sea and post consignments with a value of $10,000 or more. The current IPC for consignments valued at more than $1,000 and less than $10,000 will continue to apply. There will continue to be no IPC for consignments valued at $1,000 or less. These changes in51 International Trade Compliance January 2014 Baker & McKenzie troduce a two-tiered schedule of charges that will come into effect on 1 January 2014. ACBP Notice 2013/63 (1 December 2013) “Import Processing Charges Amendment Bill 2013” provides background information on these changes. The revised schedule of charges is summarized in the table below: Import Declaration Import (N10) Warehouse (N20) Electronic Documentary Import Consignment Value More than A$1,000 but less than A$10,000 Sea A$50.00 Air! Post A$40.20 A$10,000 or more Sea A$152.60 Air / Post A$122.10 Sea A$65.75 Air / Post A$48.85 Sea A$152.60 Air! Post A$122.10 Paid By The owner, when the declaration is communicated to ACBPS The owner, when the declaration is communicated to ACBPS. Transitional Scenarios • For all consignments valued at more than A$1,000 but less than $10,000, the current import processing charges will continue to apply. • For all consignments valued at A$10,000 or more, the following rules apply: o Where a Full Import Declaration (FID) is lodged and paid (version 1) before 1 January 2014, and then amendment (version 2) on or after 1 January 2014, the 2013 IPC rates apply. o Where a FID is lodged before 1 January 2014, and then paid (version 1) on or after 1 January 2014, the 2013 IPC rates apply. o Where a FID is lodged before 1 January 2014, and then amendment and prepayment (version 2) on or after 1 January 2014, the new 2014 IPC rates apply. o Where a FID is lodged on or after 1 January 2014, the new 2014 IPC rates apply. ACBP clarifies requirements for authorized agents ACBP Notice 2013/64 dated 6 December 2013 clarified the legislative requirements for those persons purporting to act on behalf of the owner of goods imported into Australia. This Notice replaces Australian Customs Notice No. 2007/56, which has been withdrawn. The Notice states in pertinent part: The Customs Act 1901 (the Act) provides that only the owner of goods or a customs broker licensed by the Chief Executive Officer (CEO) of Customs can submit an import declaration to import goods. Section 180 of the Act specifically provides that a customs broker means a person who holds a broker’s licence that is in force. These requirements do not apply to the making of an export entry or self-assessed clearance (SAC) declaration under section 71AAAF of the Act. Because of the complexity of the laws governing the importation of goods into Australia (similar to those of most other countries) and the potential financial and other implications of lodging an incorrect entry, most importers of goods choose to engage or allow, either explicitly or implicitly, a licensed customs broker to act on their behalf. A person who submits an import declaration and is not the owner of the goods or a licensed customs broker commits an offence, which carries a maximum penalty of 30 penalty units for a natural person or 150 penalty units for a body corporate (sections 181(4) and (5)). Section 181 appears to contemplate that the owner of the goods would authorise the licensed customs broker in writing to act on their behalf before the customs broker ac52 International Trade Compliance January 2014 Baker & McKenzie tually enters the goods for home consumption in order to be capable of complying with the requirements of the Act. However, it is ACBPS’s view that section 181 must be construed in the context of other provisions in Division 2 of Part XI of the Act, including section 183. Section 183 provides that where a person holds himself or herself out as an agent of an owner of goods, that person is deemed to be the owner of the goods. In such circumstances, the person acting as if he or she were the agent may become liable for any duty payable on the goods. There is no penalty for holding oneself out as an agent, per se. Further, it is open to ACBPS to require a person who claims to be an agent of the owner of goods to produce written authority from the owner authorising the person to act as an agent (section 182). If the purported agent fails to produce the written authority, the Customs officer may refuse to recognise their authority, which could delay the release of the goods. These provisions do not create any other penalty where an agent purports to act on behalf of an owner who has not provided written authorisation. The Notice also discusses an increasingly common practice for freight forwarders and others who are not licensed Customs Brokers to describe their businesses as customs brokerages and to advertise that the services they provide include customs brokerage. ACBP states that it is its view that … a business that describes itself as a customs brokerage or that claims that it provides customs brokerage services is asserting that it holds a corporate, partnership or sole trader licence as a customs broker and that it has as its nominees individuals who are licensed customs brokers. Freight forwarders and other businesses that are not themselves licensed customs brokers can arrange for the provision of customs brokerage services for their clients by a licenced customs broker. When they make such arrangements, they should not describe themselves as a customs brokerage or use similar terms that indicate that they provide customs brokerage services themselves. However, they can claim that they arrange or organise the provision of customs brokerage services by independent licensed Customs Brokers. Australia, Korea conclude FTA negotiations On 5 December 2013, the Australian Government announced that Australia has concluded negotiations for a Free Trade Agreement (FTA) with the Republic of Korea, its third-largest goods export market and fourth-largest trading partner. The announcement stated: As a result of the Agreement, tariffs will be eliminated on Australia’s major exports to Korea and there will be significant new market openings in services and investment. The FTA translates to higher economic growth and more jobs for Australians. As part of the FTA, tariffs of up to 300 per cent will be eliminated on key Australian agricultural exports such as beef, wheat, sugar, dairy, wine, horticulture and seafood, as well as resources, energy and manufactured goods. The FTA will also provide new market opportunities in Korea for Australian services in education, telecommunications and a range of professional services including financial, accounting and legal services. The benefits of the FTA start flowing immediately and will be long-lasting. Independent modelling shows the Agreement would be worth $5 billion between 2015 and 2030 and boost the economy by around $650 million annually after 15 years. 53 International Trade Compliance January 2014 Baker & McKenzie Agricultural exports to Korea will be 73 per cent higher after 15 years as a result of the FTA and overall exports to Korea will be 25 per cent higher resulting in the creation of more than 1700 jobs. Australian automotive suppliers would benefit from the immediate removal of tariffs as high as eight per cent; the wine industry from tariffs of 15 per cent and Australian wheat growers, potato farmers and cherry, grape and mango producers would all stand to benefit. The Agreement also opens up opportunities for creative collaboration between Australia and Korea with producers able to develop screen content for the international marketplace. The FTA secures Australia’s position in a major market where competitors like the United States, European Union and ASEAN countries are already benefitting from preferential access. 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 Series and № Title 01-12-13 06-12-13 13-12-13 ACN 2013/63 ACN 2013/64 ACN 2013/66 18-12-13 ACN 2013/67 Import Processing Charges Amendment Bill 2013 Authorised Agents Changes to the Import Processing Charge Customs Amendment (Infringement Notices) Regulation 2013 Australian Tariff Precedents The Australian Customs and Border Protection Service (ACBP) publishes and posts its Tariff Precedent Files. Tariff Precedents are considered statements from Customs made to provide guidance on various classification issues. Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. China (including Hong Kong SAR) MOFCOM and GAC notices The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy): Date Series and № Termination of ADD/CVD investigation against US cars and SUVs MOFCOM and GAC 2014 wool, wool tops import tariff quota implementa№ 86, 2013 tion rules the country MOFCOM № 87, 2013 Cross border direct foreign investment Notice of initiation of WTO dispute ruling re: US MOFCOM № 88, 2013 ADD/.CVD imposed on chicken products 2014 annual requirements for automobiles, motorcyMOFCOM (and Others) cles, off-highway motorcycles and all-terrain vehicles № 90, 2013 List export companies permit conditions MOFCOM № 92, 2013 2014 export quota bidding for “rush” products 12-13-13 MOFCOM № 85, 2013 12-02-13 12-03-13 12-25-13 12-06-13 12-09-13 54 International Trade Compliance January 2014 Subject Baker & McKenzie Date Series and № MOFCOM № 93, 2013 12-26-13 MOFCOM notice [no №] 12-27-13 MOFCOM № 94, 2013 Subject 2014 list of citric acid (salt) exporting enterprises 2014 annual licorice and licorice products export quota for the first time 2014 list of companies Ferroalloy Export License conditions Antidumping and Countervailing Duty Cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. India Other CBEC notifications, circulars and instructions The following Central Board of Excise and Customs (CBEC) Customs notifications (NT-non tariff, T-tariff), circulars (Circ) and instructions (other than antidumping, countervailing duty and safeguard, or personnel matters) were issued during the period covered by this Update: Date Series and № 12-12-13 Instruction 13-12-13 № 130/13-Cus (NT) 16-12-13 № 50/2013-Cus.(T) 20-12-13 № 51/2013-Cus.(T) 26-12-13 № 53/2013-Cus.(T) 30-12-13 Cir. № 44/2013-Cus. № 54/2013-Cus.(T) № 55/2013-Cus.(T) 31-12-13 № 56/2013-Cus.(T) № 57/2013-Cus.(T) № 133/2013-Cus. (NT) № 134/2013-Cus.(NT) Cir. № 45/2013-Cus. Subject Re: Reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme court Amends tariff value for various commodities Further amendments to 10/2008 relating to goods from Singapore Amends table in 12/2012 Amends Not. № 12/2012- Customs, dated 17 March, 2012 Exemption from Special Additional Duty of Customs (SAD) on goods cleared from the SEZ / FTWZ into the DTA – Clarification Substitutes table to Not. № 152/2009-Customs, dated 31 December, 2009 [Exemption of Customs duty on certain goods when imported into India from the Republic of Korea] Amends Not. № 69/2011-Customs dated 29 July, 2011 [exemption to specific goods when imported into India from Japan] Substitutes table to Not. № 53/2011-Customs, dated 1 July, 2011 [concession to specified goods imported from Malaysia under India-Malaysia CECA] Substitutes table to Not. № 46/2011-Customs, dated 1 June, 2011 [duty concessions to Philippines and other ASEAN countries in view of ASEAN- India FTA (AIFTA)] Customs Baggage Declaration (Amendment) Regulations, 2013 Amends tariff value for various commodities Handling of Cargo in Customs Area Regulations, (HCCAR) 2009 Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. 55 International Trade Compliance January 2014 Baker & McKenzie Indonesia Amendment to Regulation on Importation of Certain Products Cosmetics are now subject to verification and technical inspection The Ministry of Trade of the Republic of Indonesia issued Regulation No.61/MDAG/PER/9/2013, Amendment of Ministry of Trade Regulation No.83/MDAG/PER/12/2012 regarding Importation of Certain Products (“Permendag 61/2013”), which became effective on 30 September 2013. Through this regulation, the government is aiming to increase stability, improve the business climate, and improve importation administration. Permendag 61/2013 introduced several changes to the preceding regulation, in particular related to product verification, a new designated port of loading and new product exemptions. Every importation of certain products must be verified and/or go through a technical inspection by the surveyor at the port of loading. Under Article 10 of Regulation No.83/M-DAG/PER/12/2012, product verification and technical inspection was not required for import of cosmetic products. However, in Permendag 61/2013, this exemption has been removed. So cosmetic products would be subject to below verification and technical inspection. The verification and technical inspection cover the following areas: • information or data on state and the port of loading; • time of shipment; • port of destination; • Tariff Post; • HS and description of goods; • number of SNI Marking Product Certificate (SPPT-SNI) for the compulsory SNI products; and • number of Certificate of Analysis (CoA) for certain required products. The last two items in this list were not in the previous regulation. They were added to increase the supervision of goods and service circulation with the aim of protecting consumers and securing the domestic market from unfair competition. Goods with poor quality and that are not in accordance with Indonesian standards cannot be imported. As a consequence, imported products must be adjusted with the prevailing SNI before they can be marketed in Indonesia. Permendag 61/2013 also revised the list of port through which certain products could be imported. In addition, Permendag 61/2013 introduced an additional product exemption to those that already existed, an exemption for electronic products. For further information please contact, Wimbanu Widyatmoko, Managing Partner, Mochamad Fachri, Partner or Riza Fadhli Buditomo, Senior Associate, Hadiputranto, Hadinoto & Partners (a member firm of Baker & McKenzie International). 56 International Trade Compliance January 2014 Baker & McKenzie Increase on Import Income Tax - Higher Consumer Products Price As a part of Economic Policy Package Volume II, the Ministry of Finance issued a new regulation to improve the balance of transactions, maintain rupiah exchange rate, and reduce the import of certain goods. Minister of Finance Regulation Number 175 of 2013 on the Third Amendment of Ministry of Finance Regulation Number 154 of 2010 on Collection of Income Tax Article 22 with Regard to Payments on Delivery of Goods and Import Activities or Other Business Activities (“Regulation 175”) was issued on 5 December 2013 and will come into effect in the first week of January 2014. The regulation contains the following main provisions: 1. The tariff of Import Income Tax on certain products is increased from 2.5% to 7.5%; and 2. The 7.5% tariff applies to goods not related with production input, goods not triggering inflation, and consumption goods with a high import value. 3. The new tariff applies to 502 types of goods based on the Indonesian Customs Tariff Book (BTKI). For further information please contact, Wimbanu Widyatmoko, Managing Partner, Mochamad Fachri, Partner or Riza Fadhli Buditomo, Senior Associate, Hadiputranto, Hadinoto & Partners (a member firm of Baker & McKenzie International). Regulations The following import or export regulations were issued by the Ministry of Trade (T) or the Ministry of Finance (F) during December 2013 (dd-mm-yy). Date 05-12-13 Reference 175/PMK.011/2013 176/PMK.04/2013 06-12-13 177/PMK.04/2013 09-12-13 178/PMK.04/2013 04/M-DAG/ED/12/2013 27-12-13 57 International Trade Compliance January 2014 80/M-DAG/PER/12/2013 82/M-DAG/PER/12/2013 Matter (F) Third Amendment to Regulation of the Minister of Finance No. 154/PMK.03/2010 on Income Tax Collection With respect to Article 22 Payment for Delivery of Goods and Activities on Import or Other Business Activities in the Field (F)Amendment to the Regulation of the Minister of Finance No. 254/PMK.04/2011 on the exemption from import duty on the import of goods and materials to be processed, manufactured, or installed on other goods for export purpose (F)Amendment to the Regulation of the Minister of Finance Number of Returns 253/PMK.04/2011 Duty on Import of Goods and Materials for processed, assembled, or installed on other goods for export purpose (F) Imposition of Customs Tariff Scheme In Asean Trade in Goods Agreement (ATIGA) By Using Self Certification System (Self Certification). (T) Extension of Approval of Mining Products Export (T) Top Export Reference Price of Agricultural and Forestry Products subjected Duty (T) Export Reference Price Top Products Mining subjected Duty Baker & McKenzie Malaysia Federal Government Gazette The following documents were published in the Warta Kerajaan Persekutuan Federal Government Gazette (dd-mm-yy): Date Reference 09-12-13 P.U. (A) 353/2013 P.U. (A) 354/2013 12-12-13 P.U. (A) 355/2013 P.U. (A) 356/2013 19-12-13 P.U. (A) 360/2013 24-12-13 P.U. (A) 371/2013 26-12-13 P.U. (A) 372/2013 27-12-13 P.U. (A) 378/2013 P.U. (A) 380/2013 30-12-13 P.U. (A) 381/2013 P.U. (A) 382/2013 P.U. (A) 385/2013 P.U. (A) 386/2013 P.U. (A) 387/2013 31-12-13 P.U. (A) 390/2013 P.U. (B) 492/2013 Matter Customs (Prohibition of Imports) (Amendment) (No. 4) Order 2013 - Customs Act 1967 Customs (Values) (Crude Petroleum Oil) (No. 25) Order 2013 - Customs Act 1967 Customs (Values of Imported Completely Built-Up Motor Vehicles) (New) (Amendment) (No. 2) Order 2013 - Customs Act 1967 Customs (Values of Imported Completely Built-Up Motor Vehicles) (Used) Order 2013 - Customs Act 1967 Customs (Prohibition of Imports) (Amendment) (No. 5) Order 2013 - Customs Act 1967 Customs Duties (Exemption) Order 2013 - Customs Act 1967 Customs (Values) (Crude Petroleum Oil) (No. 26) Order 2013 - Customs Act 1967 Customs Duties (Goods Under the Agreement Establishing The ASEAN-Australia-New Zealand Free Trade Area) Order 2013 - Customs Act 1967 Customs Duties (Goods of ASEAN Countries Origin) (ASEAN Harmonised Tariff Nomenclature and ASEAN Trade In Goods Agreement) (Amendment) Order 2013 - Customs Act 1967 Customs Duties (Goods Under the Framework Agreement on Comprehensive Economic Co-Operation Among the Government of the Member Countries of the Association of Southeast Asian Nations and the Republic of Korea) (Amendment) Order 2013 - Customs Act 1967 Trade Descriptions (Goods Made From Any Part of Pig or Dog) Order 2013 - Trade Descriptions Act 2011 Customs (Values) (Palm Oil) (No. 13) Order 2013 - Customs Act 1967 Customs (Prohibition of Exports) (Amendment) (No. 3) Order 2013 - Customs Act 1967 Customs (Values) (Palm Kernel) (No. 13) Order 2013 - Customs Act 1967 Customs (Anti-Dumping Duties) (No. 4) Order 2013 - Countervailing And Anti-Dumping Duties Act 1993 and - Customs Act 1967 Notice of Affirmative Final Determination of An AntiDumping Duty Investigation With Regard to Imports of Seven Wires Pre-Stressed Concrete Strand Originating or Exported From the People’s Republic of China - Countervailing 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. 58 International Trade Compliance January 2014 Baker & McKenzie New Zealand New import controls on high-power laser pointers The New Zealand Customs Service (NZCS) e-Newsletter Customs Release for 20 December 2013, reports that two new laws have been passed which introduce new regulatory controls on high-power laser pointers to better manage the health and safety risks from these devices. The new controls, which come into force on 1 March 2014, cover the importation, supply, and acquisition of high-power laser pointers. • The Custom Import Prohibition (High-power Laser Pointers) Order 2013 restricts the importation of high-power laser pointers to those people who have received consent from the Director-General of Health to import them. • The Health (High-power Laser Pointers) Regulations 2013 restrict the supply of high-power laser pointers to those who are authorised suppliers and also restricts the acquisition of such devices to those who are authorised recipients. Anyone will have to apply in writing to the Director-General of Health to get consent to import high-power laser pointers, or become an authorised supplier or recipient. The application process is being finalised and application forms will be available on the Ministry’s website in January 2014. The controls will only apply to hand-held laser pointers with a power output of greater than 1 milliwatt. The controls do not apply to other more sophisticated laser devices (eg, surveying instruments). More information about laser pointers in general, and the new controls, is available on the Ministry of Health’s website. Declaration & Certificate formats for ANZTEC agreement with Chinese Taipei The New Zealand Customs Service (NZCS) e-Newsletter Customs Release for 20 December 2013, advises that traders under ANZTEC may assist their client importers to access preference under ANZTEC by providing a declaration or a certificate of origin. Under ANZTEC, declarations can be made by the exporter, producer, supplier, importer, or competent person on the face of the export invoice or other document relating to the goods. Certificates of origin can be completed by the exporter, producer, supplier, importer, or other competent person. Exporters should approach their importer to see what form of evidence they prefer. The format for a declaration or certificate and guidelines, as set out in ANZTEC, can be found here. New Zealand issues ANZTEC regulations On 11 November 2013, the Customs and Excise (Rules of Origin for ANZTEC Goods) Amendment Regulations 2013 (the ANZTEC Regulations) were issued. The ANZTEC Regulations, which came into force on 1 December 2013, amended the Customs and Excise Regulations 1996 (the principal regulations) to prescribe rules of origin and product specific rules for goods imported from the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu (Chinese Taipei). The rules of origin and product specific rules give effect to the Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, 59 International Trade Compliance January 2014 Baker & McKenzie and Matsu on Economic Cooperation done at Wellington on 10 July 2013 (ANZTEC). The rules of origin and the product specific rules in ANZTEC are incorporated into the principal regulations by reference. Access to the provisions incorporated by reference is also facilitated by the chief executive of the New Zealand Customs Service in the other ways required by section 287D of the Customs and Excise Act 1996. The New Zealand Commerce and Industry Office prepared the following background information about ANZTEC: While New Zealand and Chinese Taipei do not have diplomatic relations, New Zealand’s one China policy allows the full pursuit of trade, economic and cultural links with Chinese Taipei. Accordingly, Chinese Taipei has for a number of years been an important market for New Zealand goods and services exporters. Its import regime, like a number of others in North Asia, was heavily protected against imports of agricultural, fisheries and forestry products. Major liberalisation occurred in 2001 when Chinese Taipei joined the WTO as the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei). Over the years considerable work has been done analysing the potential impact of a bilateral trade liberalisation agreement and assessing potential interest in such an agreement from the Chinese Taipei authorities. In the meantime New Zealand has negotiated a Free Trade Agreement with China and a Closer Economic Partnership with Hong Kong. Negotiations on ANZTEC commenced in May 2012 following the completion of independent Feasibility Studies and a Joint Study by the New Zealand Commerce and Industry Office in Taipei and the Taipei Economic and Cultural Office in Wellington. These studies concluded that a high quality economic cooperation agreement (ECA) between the two parties was feasible, and would bring significant benefits to both sides. ANZTEC was signed in Wellington on 10 July 2013 and entered into force on 1 December 2013. Change in entry period for visiting yachts and small craft New Zealand Customs Service E-Newsletter (Issue 236 of 13 December 2013) announced that from 11 December 2013, the temporary entry period for super yachts, yachts and small craft visiting New Zealand has changed from 12 to 24 months. Visiting vessels are granted a temporary entry to exempt owners from paying Customs charges, provided they are not used commercially or sold, and depart within the time period. The process and criteria remain the same. Find out more about the arrival of private yachts and small craft. Customs Fact Sheet 32 - Arrival of yachts and small craft in New Zealand also details the temporary entry requirements. The change in entry period allows yacht-owners additional time to get vessel repairs and refits done, and has been done in conjunction with the NZ Marine Industry Association. Those wanting to stay longer than two years should contact Customs. These requests will be treated on a case-by-case basis. Updated Synthetic Greenhouse Gas (Goods) Levy effective 1 January 2014 New Zealand Customs Service E-Newsletter (Issue 236 of 13 December 2013) announced that From 1 January 2014, new levy rates will apply to the Synthetic 60 International Trade Compliance January 2014 Baker & McKenzie Greenhouse Gas (Goods) Levy. The new rates are provided for in the Climate Change (Synthetic Greenhouse Gas Levies) Amendment Regulations (No.2) 2013. The new Synthetic Greenhouse Gas (SGG) levy rates are available on the New Zealand Legislation website. The new levy rates will be incorporated into Schedule 2 of the principal regulations (the Climate Change (Synthetic Greenhouse Gas Levies) Regulations 2013). This is expected to happen by 3 February 2014. The levy applies to a range of imported goods including fridges, freezers, heat pumps, air-conditioners, and refrigerated trailers. It is linked to the price of carbon and varies between items to reflect the amount of gas, the specified gas and its global warming potential. Click here for more information Fact Sheets issued, revised During the period covered by this Update the New Zealand Customs Service issued the following new or revised Fact Sheets: • Fact Sheet 48 Agreement Between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation (ANZTEC): Information About the Rules of Origin (Nov. 2013) Saudi Arabia Saudi Food and Drug Authority to start electronic customs clearance The US Foreign Agricultural Service (FAS), in a Global Agricultural Information Network (GAIN) Report dated December 8, 2013, reports that in November 2013, the Saudi Food and Drug Authority (SFDA) posted on its webpage a notice stating that it will fully implement a mandatory electronic customs clearance system (E-Clearance) for all food products imported into the Kingdom starting on January 1, 2014. It is the FAS’ understanding that this procedure includes prepackaged food products as well as raw materials, The SFDA has indicated that it will not st process any customs clearance requests after January 1 unless it is submitted through the E-Clearance system. Saudi Arabia has not formally notified its trading partners of the new E-Clearance requirements of food imports The SFDA has been working on the preparation of the new E-Clearance system since June 2011, and has asked all importers of food products to register in its EService website. The registration of imported food items is the responsibility of the local importers. Each importer is required to open an E-Account and set up individual user name and password. Once the E-Account is created, the importers can upload their food products information, including harmonized code (HS Code), bar code, item code, and listed ingredients in English and Arabic as well as copy of the product labels. The product label must contain all information required by the Gulf Standard regulation № GSO 9 “Labeling of Prepackaged Food Stuffs”. Importers are also required to register coordinates of their warehouses, name of authorized contact persons to deal with SFDA, including customs brokers contracted in each Saudi port of entry. Importers are required to register all food products they intend to import, even if the products they bring have been already registered by another importer. The electronic registration with the SFDA is free of charge and there is no expiry date for the registration. Importers, however, are required to re-register their products when there are changes in products formulations or labels. According to FAS trade contacts, the registration pro61 International Trade Compliance January 2014 Baker & McKenzie cess seems to be simple and can be quickly completed if needed information is readily available and required documents are uploaded. Europe European Union and EFTA Generalised tariff preferences regulation revised On 31 December 2013, the Official Journal published Commission Delegated Regulation (EU) No 1421/2013 of 30 October 2013 amending Annexes I, II and IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences. The Delegated Regulation revises the list of eligible countries in Annex I to take account of changes in the international status or classification of countries. In accordance with criteria for the granting of tariff preferences under the general arrangement of the Generalised Scheme of Preferences (GSP), a country that has been classified by the World Bank as a high or an upper-middle income country for three consecutive years should not benefit from such preferences. Annex II revises the list of GSP beneficiary countries based on that criteria. Annex IV revises the list of countries identified by the UN as least- developed countries which should benefit from the tariff preferences under the special arrangement for the least-developed countries (EBA – “Everything But Arms”). • Croatia is removed from Annex I, having joined the EU on 1 July 2013; • South Sudan is added to Annexes I, II, and IV • Myanmar/Burma is removed from the tables in Annexes I, II and IV that refer to countries which have had eligibility temporarily withdrawn from the various programmes. • China, Ecuador, the Maldives and Thailand are removed from Annex II as from one year after entry into force of the Delegated Regulation. • Maldives is removed from Annex IV Council issues Decision on the association of the overseas countries and territories with the European Union On 19 December 2013, the Official Journal published Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’). The Treaty on the Functioning of the European Union (TFEU) and its secondary legislation do not automatically apply to the Overseas Countries and Territories (OCTs), with the exception of a number of provisions which explicitly provide for the contrary. Although not third countries, the OCTs do not form part of the single market and must comply with the obligations imposed on third countries in respect of trade, particularly rules of origin, health and plant health standards and safeguard measures. The Overseas Association decision moves the special relationship between the Union and the OCTs away from a classic development cooperation approach to a reciprocal partnership to support the OCTs’ sustainable development, based on their unique relationship and their belonging to the same ‘European family’. The Decision establishes an association of the OCTs with the Union (the ‘association’), which constitutes a partnership, based on Article 198 TFEU, to support the 62 International Trade Compliance January 2014 Baker & McKenzie OCTs’ sustainable development as well as to promote the values and standards of the Union in the wider world. It applies to OCTs listed in Annex II to the TFEU. The Decision covers cooperation between the EU and OCTs in many areas such as, climate change and energy, sustainable trade, sanitary and phytosanitary measures, IPR, competition, technical trade barriers, consumer policy and health protection, monetary matters, Customs, rules of origin, etc. Annex VI to the Decision contains provisions relating to the definition of ‘originating products’ and territorial requirements as well as cumulation, registration of exporters and other rules of origin requirements. Rules of origin for crystalline silicon photovoltaic modules or panels On 18 December 2013, the Official Journal published Commission Implementing Regulation (EU) No 1357/2013 of 17 December 2013 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code. This Regulation establishes a detailed rule for the determination of the origin regard to crystalline silicon photovoltaic modules or panels and one of their key components, crystalline silicon photovoltaic cells. The production process of crystalline silicon photovoltaic modules or panels can be divided into the following major steps: production of silicon wafers; processing of silicon wafers into crystalline silicon photovoltaic cells; assembly of several crystalline silicon photovoltaic cells into a crystalline silicon photovoltaic module or panel. The most important stage in the manufacture of the crystalline silicon photovoltaic panels or modules is the processing of silicon wafers into crystalline silicon photovoltaic cells. That is the decisive production stage during which the use to which the component parts of the panel or module are to be put becomes definite and where they are given their specific qualities. That transformation therefore should be considered as constituting the last substantial transformation in the production process of crystalline silicon photovoltaic modules or panels in accordance with Article 24 of Regulation (EEC) No 2913/92. The country of manufacture of the crystalline silicon photovoltaic cells should thus be the country of non-preferential origin of the crystalline silicon photovoltaic modules or panels. The detailed rules are necessary because EU’s non-preferential rules of origin are to be applied to all non-preferential trade policy measures, including anti-dumping and countervailing duties. In Article 24 of Regulation (EEC) No 2913/92, the basic principle is laid down that goods whose production involved more than one country are to be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture. The declaration for free circulation of crystalline silicon photovoltaic modules or panels and their key components has been made subject to provisional antidumping duties by Commission Regulation (EU) No 513/2013, and therefore uniform rules are needed. Forms for Customs enforcement of IPR On 18 December 2013, the Official Journal published Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning Customs enforcement of intellectual property rights. 63 International Trade Compliance January 2014 Baker & McKenzie Commission proposes a common approach to violations of EU customs law On 13 December 2013, the European Commission announced that it has proposed a framework to harmonise customs infringements and align the 28 national sets of related sanctions (COM (2013) 884). The announcement states, in part: … Since the beginning of the Internal Market, EU customs legislation has been fully harmonised in a single legal act. However, the consequences of violating the common rules vary across the customs union. They depend on the 28 different legal orders and administrative or judicial traditions of the Member States. In the absence of a common approach, there is a patchwork of responses to rule-breakers. *** Currently Member States have widely differing definitions for customs infringements, and apply different types and levels of sanctions. For example, sanctions for certain infringements range from small fines in some Member States, to imprisonment in others. The financial threshold for deciding whether an infringement is criminal or not ranges from €266 to €50 000, according the country it occurs in. National time limits for sanctioning customs offences also vary widely, from 1 to 30 years, while some Member States have no time limit at all. *** To address this problem, [the Commission] proposal sets down a common list of acts that constitute breach of EU customs rules. These are differentiated by the level of severity, and some are categorised as to whether there was intent or negligence. Examples of the listed infringements include non-payment of customs duties, failure to declare goods to customs, falsifying documents to obtain preferential treatment, removing goods from customs supervision without authorisation, or failing to present the proper documentation. Inciting, aiding and abetting an infringement is also punishable. The proposal then sets out a scale of effective, proportionate and dissuasive sanctions to be applied, depending on the infringement. These range from a fine of 1% of the value of goods for inadvertent or administrative errors, to a fine of 30% of the value of the goods (or €45 000 if not related to specific goods) for the most serious breaches. When applying sanctions, Member States must also consider the nature and circumstances of the infringement, including the frequency and duration, whether a “trusted trader” is involved, and the amount of evaded duties. Harmonised time limits are set for pursuing breaches, and administrative procedures will have to be suspended if a criminal procedure is opened on the same case. Council suspends duties on jet fuel imports On 9 December, the Council of the European Union announced that it had adopted a regulation that amends regulation 2658/87 on the common customs tariff, removing duties (currently 4.7%) on jet fuel imports for a period of five years as from 1 January 2014. The suspension of duties for jet fuel will avoid an increase of price that would otherwise have occurred because of a change in the generalised tariff preferences scheme. Currently, a large percentage of jet fuel imports to the Union originate in countries that have benefitted from preferential access to the Union market, and thus in practice the imports have been duty-free. However, from 1 January 2014, a number of exporting countries of jet fuel will cease to benefit from preferential access to the Union market under the new scheme of generalised tariff preferences. The imposition of customs duties on jet fuel from those suppliers would likely cause an increase in the price of jet fuel in the EU as it is not economically viable for refineries in the EU to increase their production of aviation fuel to any significant degree. [see “Amendments to the Common Customs Tariff” below.] 64 International Trade Compliance January 2014 Baker & McKenzie European Commission transmits HSC amendments On 5 December 2013, the Official Journal published a Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature (2013/C 355/01) which advised that Binding Tariff Information ceases to be valid from 5 December if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures: Amendments to the Harmonised System Explanatory Notes and the Compendium of Classification Opinions, approved by the Customs Cooperation Council (CCC doc. NC1874 — report of the 51st Session of the Harmonised System Committee). The affected HS numbers were included in the Communication. Georgia and Moldova agree to closer ties with the EU On 29 November the European Commission announced that the EU had initialled Association Agreements with Georgia and Moldova in Vilnius. The Agreements will set up Deep and Comprehensive Free Trade Areas (DCFTAs). The trade part covers trade in goods, including tariff elimination or reduction, further opening of the services markets, improvement of establishment conditions for investors, facilitation of customs procedures, anti-fraud measures and trade defence instruments. Georgia and Moldova commit to bring their legislation closer to that of the EU in a wide number of regulatory policy areas, such as rules for export of agricultural goods and food safety in general, regulations for industrial products and conformity assessment, management of customs, including enforcement of intellectual property rights at the border, rules on public procurement and wide alignment to the EU rules in services areas. The DCFTA is estimated to increase Georgia’s and Moldova’s GDP by 4.3% and 5.4% respectively. The negotiations on the trade part of the Association Agreements started with both countries in February 2012 and were concluded with Moldova in June 2013 and with Georgia in July 2013. This paved the way to the official closure of the negotiating process with the initialling ceremony on 29 November in Vilnius. EU FTA deal with Guatemala becomes operational On 29 November 2013, the European Commission announced that as of 1 December, EU’s trade deal with Guatemala became operational. Guatemala is the last Latin American country to benefit from the EU-Central America agreement as the deal is already implemented with the other five countries (Costa Rica, El Salvador, Nicaragua, Honduras and Panama). The trade partnership is opening up new markets and simplifies rules which will boost trade and investment on both sides. The Central America economy is expected to grow by over €2.5 billion per year now that the agreement applies to the entire region. Commission establishes tests for classifying uncooked seasoned poultry On 19 December 2013, the Official Journal published Commission Implementing Regulation (EU) No 1362/2013 of 11 December 2013 laying down the methods for the sensory testing of uncooked seasoned poultry meat for the purposes of its classification in the Combined Nomenclature. 65 International Trade Compliance January 2014 Baker & McKenzie Additional Note 6(a) to Chapter 2 of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87 defines ‘uncooked seasoned meat’ as ‘uncooked meat that has been seasoned either in depth or over the whole surface of the product with seasoning either visible to the naked eye or clearly distinguishable by taste’. The Implementing Regulation lays down methods for determining whether or not uncooked poultry meat is seasoned within the meaning of Additional Note 6(a) to Chapter 2 of the Combined Nomenclature, in order to ensure that customs authorities apply a uniform approach for the purposes of customs classification. The methods to verify whether uncooked poultry meat is seasoned or not consist of, firstly, a visual examination and, secondly, the tasting of a sample where the visual examination method does not lead to conclusive results. Amendments to the Common Customs Tariff On 13 December 2013, the Official Journal published Council Regulation (EU) No 1325/2013 of 9 December 2013 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff which suspends for 5 years the customs duty on jet fuels. Also, on 13 December 2013, the Official Journal published Council Regulation (EU) No 1326/2013 of 9 December 2013 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff which simplifies both the Combined Nomenclature and the tariff structure for certain sanitary articles classified under heading 9619, in order to implement four categories of products (instead of eight), each of them associated with a single autonomous rate of duty. Commission issues tariff classification regulations See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update. Amendments to the CN Explanatory Notes See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this Update. Binding Tariff Information The European Community has created the Binding Tariff Information (BTI) system as a tool to assist economic operators to obtain the correct tariff classification for goods they intend to import or export. Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database. 66 International Trade Compliance January 2014 Baker & McKenzie Taric Database The Taric database integrates all measures relating to the Tariff. It allows traders to find the goods code for the item they are importing from outside the community to the required ten-digit level. The Taric code is comprised of the CN code with further subdivisions. The Taric database will allow searches for codes as well as view the following: • Third Country duty • Suspension of duties • Tariff Quotas • Tariff Preferences • Anti-dumping Measures Taric Code Changes for 2014: Taric code changes generally happen on the 1st of January each year. Particular caution is required in this regard as changes of this type can occur at irregular intervals and with little notice from the EU Commission. You can check to see if your Taric code will change in 2014 here 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 (Dates are dd-mm-yy): OJ Date Subject Council Decision of 7 October 2013 on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of the Republic of Croatia, following its accession to the European Union [2013/702/EU] Commission Implementing Regulation (EU) No 1235/2013 of 2 December 2013 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance diclazuril Commission Implementing Decision of 29 November 2013 authorising the plac03-12-13 ing on the market of rooster comb extract as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document C(2013) 8319) [2013/705/EU] Commission communication in the framework of the implementation of Commission Regulation (EU) No 932/2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household tumble driers and of Commission Delegated Regulation (EU) No 392/2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household tumble driers (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2013/C 353/03] Commission Implementing Regulation (EU) No 1251/2013 of 3 December 2013 amending Regulation (EC) No 606/2009 as regards certain oenological practices and Regulation (EC) No 436/2009 as regards the registering of these prac04-12-13 tices in the wine sector registers Commission Implementing Decision of 2 December 2013 authorising a laboratory in the United States of America to carry out serological tests to monitor the effectiveness of rabies vaccines (notified under document C(2013) 8365) 67 International Trade Compliance January 2014 Baker & McKenzie OJ Date Subject [2013/709/EU] Commission Recommendation of 3 December 2013 on the reduction of the presence of dioxins, furans and PCBs in feed and food [2013/711/EU] Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Mem05-12-13 ber States concerning the classification of goods in the customs nomenclature [2013/C 355/01] Council Decision of 2 December 2013 establishing the position to be adopted on behalf of the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Yemen to the World Trade Organization [2013/715/EU] Commission Implementing Decision of 4 December 2013 amending Implementing Decision 2011/861/EU on a temporary derogation from rules of origin laid down in Annex II to Council Regulation (EC) No 1528/2007 to take account of the special situation of Kenya with regard to tuna loins (notified under document C(2013) 8537) [2013/716/EU] Commission Implementing Decision of 4 December 2013 amending Annex I to Decision 2004/211/EC as regards the entry for Brazil in the list of third countries 06-12-13 and parts thereof from which the imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised, amending Annex II(D) to Decision 92/260/EEC as regards test requirements for glanders, and amending Decisions 92/260/EEC, 93/196/EEC and 93/197/EEC as regards certain geographical denominations (notified under document C(2013) 8553) [2013/718/EU] Executive summary of the European Data Protection Supervisor Opinion on the proposal for a regulation amending Regulation (EC) No 273/2004 on drug precursors and the proposal for a regulation amending Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors [2013/C 357/06] Directive 2013/56/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators as regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless power tools, and of button cells with low mercury content, and repealing Commission Decision 2009/603/EC Commission Implementing Regulation (EU) No 1277/2013 of 9 December 2013 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2013 in certain wine-growing regions or a part thereof Commission Directive 2013/60/EU of 27 November 2013 amending for the purposes of adapting to technical progress, Directive 97/24/EC of the European Parliament and of the Council on certain components and characteristics of two or three-wheel motor vehicles, Directive 2002/24/EC of the European Parliament and of the Council relating to the type-approval of two or three-wheel motor vehicles and Directive 2009/67/EC of the European Parliament and of the 10-12-13 Council on the installation of lighting and light-signalling devices on two- or three-wheel motor vehicles Council Decision 2013/726/CFSP of 9 December 2013 in support of the UNSCR 2118 (2013) and OPCW Executive Council EC-M-33/Dec 1, in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction Regulation (EU) No 1258/2013 of the European Parliament and of the Council of 20 November 2013 amending Regulation (EC) No 273/2004 on drug precursors Regulation (EU) No 1259/2013 of the European Parliament and of the Council of 20 November 2013 amending Council Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules govern68 International Trade Compliance January 2014 Baker & McKenzie OJ Date Subject ing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 17; OJ C 77, 5.4.2007, p. 11; OJ C 153, 6.7.2007, p. 21; OJ C 331, 31.12.2008, p. 15; OJ C 87, 1.4.2010, p. 15; OJ C 180, 21.6.2012, p. 2; OJ C 98, 5.4.2013, p. 2; OJ C 256, 5.9.2013, p. 14) [2013/C 360/12] Position (EU) No 11/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures - Adopted by the Council on 15 November 2013 [2013/C 360 E/01] Position (EU) No 12/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures - Adopted by the Council on 15 November 2013 [2013/C 360 E/02] Commission Implementing Regulation (EU) No 1281/2013 of 10 December 2013 laying down rules for the management and distribution of textile quotas established for the year 2014 under Council Regulation (EC) No 517/94 Commission Regulation (EU) No 1283/2013 of 10 December 2013 correcting the French language version of Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein Council Decision of 2 December 2013 establishing the position to be taken by the European Union within the Ministerial Conference of the World Trade Or11-12-13 ganization as regards an extension of the moratorium on customs duties on electronic transmissions and the moratorium on non-violation and situation complaints Council Decision 2013/730/CFSP of 9 December 2013 in support of SEESAC disarmament and arms control activities in South East Europe in the framework of the EU Strategy to Combat the Illicit Accumulation and Trafficking of SALW and their Ammunition Decision No 1/2013 of the Joint Committee on Agriculture of 28 November 2013 amending Annex 10 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products [2013/733/EU] Commission Implementing Regulation (EU) No 1321/2013 of 10 December 2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings Commission Implementing Regulation (EU) No 1322/2013 of 11 December 2013 on the granting of unlimited duty-free access to the Union for 2014 to certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 1216/2009 Council Decision of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, as 12-12-13 regards its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation [2013/744/EU] Council Decision of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation [2013/745/EU] Guidelines on the applicability of Article 53 of the EEA Agreement to horizontal cooperation agreements [2013/C 362/03] Council Regulation (EU) No 1325/2013 of 9 December 2013 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and 13-12-13 on the Common Customs Tariff Council Regulation (EU) No 1326/2013 of 9 December 2013 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and 69 International Trade Compliance January 2014 Baker & McKenzie OJ Date Subject on the Common Customs Tariff Commission Implementing Regulation (EU) No 1328/2013 of 12 December 2013 granting cross-regional cumulation between Indonesia and Sri Lanka as regards the rules of origin used for the purposes of the scheme of generalised tariff preferences pursuant to Regulation (EEC) No 2454/93 Commission Implementing Decision of 11 December 2013 on measures to prevent the introduction into and the spread within the Union of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), as regards South Africa (notified under document C(2013) 8781) [2013/754/EU] Corrigendum to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006) Commission communication in the framework of the implementation of the Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (Publication of titles and references of harmonised standards under Union harmonisation legislation) Commission Implementing Regulation (EU) No 1335/2013 of 13 December 2013 amending Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil Commission Regulation (EU) No 1336/2013 of 13 December 2013 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the awards of contract Commission Implementing Regulation (EU) No 1337/2013 of 13 December 2013 laying down rules for the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance for fresh, chilled and frozen meat of swine, sheep, goats and poultry Communication from the Commission — Corresponding values of the thresholds of Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council [2013/C 366/01] Council Decision of 2 December 2013 establishing the position to be taken on 14-12-13 behalf of the European Union within the Committee on Government Procurement with respect to the decisions implementing certain provisions of the Protocol Amending the Agreement on Government Procurement [2013/756/EU] List of national authorities designed according to the provision in Article 29(2) of Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters [2013/C 366/06] List of national authorities designed according to the provision in Article 30(3) of Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters [2013/C 366/07] Information note — Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items: Information on measures adopted by Member States in conformity with Article 8 [2013/C 366/08] Commission Implementing Regulation (EU) No 1348/2013 of 16 December 2013 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis Commission Implementing Decision of 13 December 2013 approving certain amended programmes for the eradication, control and monitoring of animal diseases and zoonoses for the year 2013, amending Decision 2008/897/EC 17-12-13 approving annual and multiannual programmes for 2009 and following years and amending Implementing Decision 2012/761/EU as regards the Union financial contribution for certain programmes approved by that Decision (notified under document C(2013) 8891) [2013/766/EU] Commission Decision of 16 December 2013 setting up a framework for civil dialogue in matters covered by the common agricultural policy and repealing 70 International Trade Compliance January 2014 Baker & McKenzie OJ Date Subject Decision 2004/391/EC [2013/767/EU] Commission Regulation (EU) No 1317/2013 of 16 December 2013 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 2,4-D, beflubutamid, cyclanilide, diniconazole, florasulam, metolachlor and S-metolachlor, and milbemectin in or on certain products Commission Implementing Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights Commission Implementing Regulation (EU) No 1355/2013 of 17 December 2013 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin Commission Implementing Regulation (EU) No 1357/2013 of 17 December 2013 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code 18-12-13 Commission Implementing Directive 2013/63/EU of 17 December 2013 amending Annexes I and II to Council Directive 2002/56/EC as regards minimum conditions to be satisfied by seed potatoes and lots of seed potatoes Commission Implementing Decision of 17 December 2013 establishing the Consumers, Health and Food Executive Agency and repealing Decision 2004/858/EC [2013/770/EU] Commission Implementing Decision of 17 December 2013 establishing the ‘Executive Agency for Small and Medium-sized Enterprises’ and repealing Decisions 2004/20/EC and 2007/372/EC [2013/771/EU] Commission Regulation (EU) No 1319/2013 of 9 December 2013 amending annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) Council Regulation (EU) No 1360/2013 of 2 December 2013 fixing the production levies in the sugar sector for the 2001/2002, 2002/2003, 2003/2004, 2004/2005 and 2005/2006 marketing years, the coefficient required for calculating the additional levy for the 2001/2002 and 2004/2005 marketing years and the amount to be paid by sugar manufacturers to beet sellers in respect of the difference between the maximum levy and the levy to be charged for the 2002/2003, 2003/2004 and 2005/2006 marketing years Commission Implementing Regulation (EU) No 1362/2013 of 11 December 2013 laying down the methods for the sensory testing of uncooked seasoned poultry meat for the purposes of its classification in the Combined Nomenclature Commission Delegated Regulation (EU) No 1363/2013 of 12 December 2013 amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards the 19-12-13 definition of ‘engineered nanomaterials’ Commission Implementing Regulation (EU) No 1364/2013 of 17 December 2013 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the use of non-organic aquaculture juveniles and non-organic seed of bivalve shellfish in organic aquaculture Commission Implementing Regulation (EU) No 1365/2013 of 18 December 2013 concerning the authorisation of a preparation of alpha-galactosidase produced by Saccharomyces cerevisiae (CBS 615.94) and endo-1,4-betaglucanase produced by Aspergillus niger (CBS 120604) as a feed additive for minor poultry species for fattening and for chickens reared for laying (holder of authorisation Kerry Ingredients and Flavours) Commission Implementing Regulation (EU) No 1366/2013 of 18 December 2013 on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the European Union and its 71 International Trade Compliance January 2014 Baker & McKenzie OJ Date 20-12-13 21-12-13 24-12-13 28-12-13 72 International Trade Compliance January 2014 Subject Member States, on the one hand, and Central America on the other, that apply within quotas for certain products from Guatemala Commission Implementing Decision of 17 December 2013 approving restrictions of authorisations of biocidal products containing bromadiolone notified by Germany in accordance with Directive 98/8/EC of the European Parliament and of the Council (notified under document C(2013) 9030) [2011/774/EU] Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) Commission Implementing Regulation (EU) No 1373/2013 of 19 December 2013 laying down detailed rules for implementing the system of export licences in the pigmeat sector Commission Implementing Decision of 18 December 2013 providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of barkfree sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America (notified under document C(2013) 9166) [2013/780/EU] Commission Implementing Decision of 18 December 2013 amending Decision 2002/757/EC as regards the phytosanitary certificate requirement in respect of the harmful organism Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. L. originating in the United States of America (notified under document C(2013) 9181) [2013/782/EU] Commission Implementing Decision of 18 December 2013 determining that the temporary suspension of the preferential customs duty established under the stabilisation mechanism for bananas of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, is not appropriate for imports of bananas originating in Peru for the year 2013 [2013/783/EU] Commission Implementing Decision of 18 December 2013 amending the model health certificates I, II and III for intra-Union trade in ovine and caprine animals for slaughter, fattening and breeding set out in Annex E to Council Directive 91/68/EEC (notified under document C(2013) 9208)[2013/784/EU] Corrigendum to Commission Delegated Regulation (EU) No 1363/2013 of 12 December 2013 amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as regards the definition of ‘engineered nanomaterials’( OJ L 343, 19.12.2013) Regulation (EU) No 1289/2013 of the European Parliament and of the Council of 11 December 2013 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement Commission Decision of 19 December 2013 amending Decision 2007/506/EC in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to soaps, shampoos and hair conditioners (notified under document C(2013) 9223) [2013/793/EU] Commission Implementing Regulation (EU) No 1404/2013 of 20 December 2013 concerning the authorisation of a 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 pigs for fattening (holder of authorisation BASF SE) Decision No 1/2013 of the Community/Switzerland Inland Transport Committee of 6 December 2013 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road [2013/804/EU] Council Regulation (EU) No 1412/2013 of 17 December 2013 opening and providing for the administration of autonomous Union tariff quotas for imports of certain fishery products into the Canary Islands from 2014 to 2020 Council Decision No 1413/2013/EU of 17 December 2013 amending Decision 2002/546/EC as regards its period of application [re: Canary Islands] Commission Decision of 17 December 2013 establishing the ecological criteria Baker & McKenzie OJ Date Subject for the award of the EU Ecolabel for imaging equipment (notified under document C(2013) 9097) [2013/806/EU] Commission Implementing Decision of 17 December 2013 confirming or amending the average specific emissions of CO2 and specific emissions targets for manufacturers of new light commercial vehicles for the calendar year 2012 pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (notified under document C(2013) 9184) [2013/807/EU] Commission Implementing Decision of 18 December 2013 determining quantitative limits and allocating quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2014(notified under document C(2013) 9205) [2013/808/EU] Regulation (EU) No 1384/2013 of the European Parliament and of the Council of 17 December 2013 amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC 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 Council Regulation (EU) No 1388/2013 of 17 December 2013 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products, and repealing Regulation (EU) No 7/2010 Lists published under Article 29 of Commission Regulation (EC) No 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (These lists replace those published in the OJ C 255 of 24.8.2012, p. 9) [2013/C 379/12] Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 November 2013 to 30 November 2013(published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2013/C 380/01] Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 November 2013 to 30 November 2013(decisions taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC) [2013/C 380/02] Commission Delegated Regulation (EU) No 1421/2013 of 30 October 2013 amending Annexes I, II and IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences Commission Implementing Regulation (EU) No 1422/2013 of 18 December 2013 publishing, for 2014, the agricultural product nomenclature for export re31-12-13 funds introduced by Regulation (EEC) No 3846/87 Council Decision of 6 December 2013 establishing the position to be taken by the European Union within the Ninth Ministerial Conference of the World Trade Organization regarding food security, Tariff Rate Quota administration and the Monitoring Mechanism [2013/809/EU] Corrigendum to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009) Restrictive measures established, amended, corrected During the past month, the following restrictive measures were established, amended or corrected: OJ Date Restrictive Measure 06-12-13 Commission Implementing Regulation (EU) No 1267/2013 of 5 December 2013 73 International Trade Compliance January 2014 Baker & McKenzie OJ Date Restrictive Measure amending for the 207th 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 Regulation (EU) No 1332/2013 of 13 December 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria Commission Implementing Regulation (EU) No 1338/2013 of 13 December 2013 14-12-13 amending for the 208th 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 2013/760/CFSP of 13 December 2013 amending Decision 2013/255/CFSP concerning restrictive measures against Syria Council Implementing Regulation (EU) No 1361/2013 of 17 December 2013 im19-12-13 plementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive 24-12-13 measures against the Central African Republic Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below. Individual Countries United Kingdom HMRC and BIS import updates The following Public Notices and Customs Information Papers (CIPs) were issued by HM Revenue & Customs or by the Department for Business, Innovation & Skills (BIS): Release Date 02-12-13 10-12-13 19-12-13 20-12-13 23-12-13 24-12-13 30-12-13 Ref. No. and Subject CIP (13) 78 This CIP provides additional information about cancellation of the ICS planned system downtime. CIP (13) 79 This CIP provides information on proposed amendments to Customs Civil Penalties CIP (13) 85 New telephone and fax number for the National Duty Repayment Centre Enquiry Line. BIS: BIS/13/1384 Guidance: Do I need an import licence? (28 pages) BIS: BIS/13/988 Open general export licence (access overseas to software and technology for military goods: individual use only) (14 pages, revised) CIP (13) 86 Tariff Preference: Guatemala Implements the Reciprocal Preferential Trade Agreement between the EU and Central America CIP (13) 88 Tariff preference: Derogation from rules of origin for certain products from Guatemala imported under quota. BIS: BIS/13/P101F List of suspension and quota applications round 1 July 2014 Export Control Organisation’s new pages on GOV.UK The websites of all UK government departments and many other agencies and public bodies have been merged into GOV.UK. The Export Control Organisation (ECO) has created three new web pages on GOV.UK to help traders get the information they need from its web pages as fast as it is required. 74 International Trade Compliance January 2014 Baker & McKenzie The first is the ECO’s own landing page on GOV.UK, which can be found by searching for ’Export Control Organisation’ – it should be the first site that comes up. It also has an easily remembered web address or URL: https://www.gov.uk/government/organisations/export-control-organisation Second, there is a ‘contents page’ of all ECO’s detailed guides on GOV.UK that you will find most useful. This is called ‘Export licensing guidance‘ and is the first link you come to on the ECO landing page. Third, in line with its objective to become a more customer-focused organisation, ECO has created a ‘Dashboard‘ page. This is a regularly updated snapshot of our licensing performance against targets. It also includes information on licensing decisions on a country-by-country basis. Revised OGEL for overseas access to software technology for military goods On 20 December 2013, BIS issued a revised Open general export licence (OGEL) (access overseas to software and technology for military goods: individual use only), replacing one issued on 30 June 2011. This OGEL allows, subject to certain conditions, people who would normally be based in the UK, but who are temporarily based abroad, and authorised by their employer, to access their business’ technology and information technology systems in the UK, via laptops if appropriate, in connection with their business’ operations. The revised OGEL came into force on 20 December 2013. The exact name of the licence or the SPIRE reference must be stated on any supporting documentation given to HMRC. 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* 16-12-13 03-12-13 10-12-13 13-12-13 12-12-13 75 International Trade Compliance January 2014 Measure Germany Sixth regulation amending the Waste Electrical and Electronic Equipment Act of Costs (28-11-13) from No. 71 of 16.12.2013, page 4094 Regulation on fees and expenses of the Federal Office of Economics and Export Control in connection with the approval of the security companies to sea (Seeschiffbewachungsgebührenverordnung? SeeBewachGebV) (12-12-13) from No. 71 of 16.12.2013, page 4110 Eire (Ireland) S.I. No. 454 of 2013 - European Union (Ecodesign Requirements for Certain Energy-Related Products) (Amendment) Regulations 2013 S.I. No. 475 of 2013 - European Communities (Road Vehicles: Entry Into Service) (Amendment) Regulations 2013 S.I. No. 484 of 2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 Iceland № 1109/2013 Regulation on (15) amending Regulation no. 672/2008 setting maximum levels for pesticide residues in food and feed. № 1110/2013 Regulation on effective implementation of Commission Regulation (EU) no. 489/2012 laying down implementing rules for the application of 16 Arti- Baker & McKenzie Date* 13-12-13 20-12-13 30-12-13 09-12-13 13-12-13 20-12-13 Measure cle. of Regulation (EC) no. 1925/2006 on the addition of vitamins and minerals and of certain other substances to foods. № 1115/2013 Regulation of (9) amending Regulation no. 10/2013 on the allocation of tariff quotas for imports of agricultural products under Annex V of the Customs Act. № 1137/2013 Regulation on the coordinated control program for the years 2013, 2014 and 2015 because of maximum pesticide and evaluation of consumer exposure to risks of pesticide residues in and on food of plant and animal origin № 1139/2013 Regulation amending Regulation no. 131/2013 for the certification and recognition of certification authorities in the EU emissions trading system № 141/2013 Law on Amendments to the Customs Act, no. 88/2005, Law on Excise Tax, no. 97/1987, the VAT Act, no. 50/1988, the law on the prevention of environmental pollution caused by disposable packaging for beverages, no. 52/1989, and the law on excise tax on vehicles, fuel, etc., no. 29/1993, as amended (fines, grace in duties, sugar tax and deposit for reusable beverage containers, excise tax on car rentals, etc.). № 1185/2013 Regulation on the allocation of tariff quotas for imports of bird eggs and their products. № 1186/2013 Regulation on the allocation of tariff quotas for imports of agricultural commodities under Annexes IVA and IVB to the Customs. Liechtenstein № 386 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Regulation (EU) No 1051/2013 amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances (development of the Schengen acquis) № 391 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Regulation (EU) No 1053/2013 on the introduction of an evaluation and monitoring mechanism to verify application of the Schengen acquis and repealing Decision of the Executive Committee of 16 September 1998 (development of the Schengen acquis) № 404 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Regulation (EU) No 1052/2013 establishing a European Border Surveillance System (EUROSUR) (development of the Schengen acquis) № 411 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Implementing Decision 2012/512/EU the Commission to establish the date of implementation of the Visa Information System (VIS) in a third region (development of the Schengen acquis) № 412 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Regulation (EU) No 1273/2012 on migration from the Schengen Information System (SIS 1 +) to the Schengen Information System II (SIS II) (development of the Schengen acquis) № 413 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Implementing Decision 2013/642/EU the Commission to establish the date of implementation of the Visa Information System (VIS) in a ninth, tenth and eleventh region (development of the Schengen acquis) Luxembourg Mem. № 205 - Ministerial Regulation of 25 November 2013 on the publica- tion of the Belgian Law of 28 June 2013 - Ministerial Regulation of 25 November 2013 on the publication of the Belgian 02-12-13 Royal Decree of 18 July 2013 concerning the taxation of manufactured tobacco - Ministerial Regulation of 25 November 2013 on the publication of the Belgian Ministerial Decree of 18 July 2013 concerning the taxation of manufactured tobacco. Mem. № 211 - Grand-Ducal Regulation of 22 November 2013 supplementing Article 11 of the Grand-Ducal Regulation of 30 July 2013 on waste electrical and 10-12-13 electronic equipment. -Coordinated Text - the Grand-Ducal Regulation of 30 July 2013 on waste electrical and electronic equipment. 76 International Trade Compliance January 2014 Baker & McKenzie Date* 19-12-13 24-12-13 06-12-13 17-12-13 03-12-13 06-12-13 10-12-13 12-12-13 13-12-13 18-12-13 19-12-13 77 International Trade Compliance January 2014 Measure Mem. № 212 - Grand-Ducal Regulation of 26 November 2013 amending the Grand-Ducal regulation of 11 December 2003 on food supplements. Mem. № 214 - Ministerial Regulation of 2 December 2013 establishing the conditions of use of public procurement portal Mem. № 215 - Grand-Ducal Regulation of 22 November 2013 replacing Annexes II, III and IV of the amended law of 15 June 1994 - on the classification, packaging and labeling of dangerous substances - amending the Act of 11 March 1981 regulating the marketing and use of certain dangerous substances and preparations. Mem. № 220 - Grand-Ducal Regulation of 22 November 2013 supplementing Article 11 of Regulation grandducal of 30 July 2013 on waste electrical and electronic equipment - Corrigendum Mem. № 224 - Office of Insurance Regulation to № 13/01 of 23 December 2013 on the fight against money laundering and against the financing of terrorism. Malta № 434 of 2013 - European Union Greenhouse Gas Emissions Trading Scheme for Stationary Installations Regulations, 2013 - Government Gazette of Malta No. 19,178 – 06.12.2013 № 437 of 2013 - Excise Duty Act (Amendment of Sixth Schedule) Regulations, 2013 - Government Gazette of Malta No. 19,183 – 17.12.2013 № 439 of 2013 - Consumer Rights Regulations, 2013 - Government Gazette of Malta No. 19,183 – 17.12.2013 Norway FOR-2013-11-19-1366 Regulations amending the TSE Regulations FOR-2013-11-21-1368 Regulation amending the Regulation on Medicinal Products (Medicines Regulations) FOR-2013-11-27-1370 Regulations amending the Regulations relating to restrictions on the use of health-hazardous chemicals and other products (Product Regulations) FOR-2013-11-27-1382 Regulations amending the Regulations on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) FOR-2013-11-29-1393 Regulations amending the Regulations relating to restrictions on the use of health-hazardous chemicals and other products (Product Regulations) FOR-2013-11-12-1400 Regulation amending the Regulation on cosmetics and body care products FOR-2013-11-12-1401 Regulation amending the Regulation on cosmetics and body care products FOR-2013-11-15-1402 Regulation amending the Regulation on feed additives FOR-2013-11-18-1403 Safety Regulations for toys (Toy Regulations) FOR-2013-12-03-1406 Regulations amending the Regulations on imports from third countries of certain live animals, bees, bumblebees and fresh meat of certain animals FOR-2013-12-05-1416 Regulations amending the Regulations on units of measurement LOV-2013-12-13-124 Law amending the Act of 21 December 2007 No. 119 customs and movement of goods (Customs Act) FOR-2013-12-09-1431 Regulation amending the Regulation on technical requirements and approval of vehicles, parts and equipment (Motor Vehicle) FOR-2013-12-05-1487 Parliamentary Decision on Customs for fiscal year 2014 (Chapter 5511 item 70 and 71) FOR-2013-12-10-1500 Regulations amending the Regulations on the approval of vehicles and car trailers FOR-2013-12-10-1501 Regulation amending the Regulation on technical requirements and approval of vehicles, parts and equipment (Motor Vehicle) FOR-2013-12-12-1506 Regulations amending the Regulations on the approval of vehicles and car trailers FOR-2013-12-13-1509 Regulations amending the Regulations on international passenger and freight transport and cabotage FOR-2013-12-16-1519 Regulation amending the Regulation on labeling of food- Baker & McKenzie Date* 20-12-13 23-12-13 27-12-13 30-12-13 05-12-13 06-12-13 09-12-13 11-12-13 13-12-13 16-12-13 18-12-13 27-12-13 30-12-13 78 International Trade Compliance January 2014 Measure stuffs FOR-2013-12-16-1556 Regulations amending the regulations on residues of pesticides in food and feed FOR-2013-12-16-1557 Regulations amending the Regulations on drugs (drug regulations) FOR-2013-12-16-1559 Regulation amending the Regulation on official controls of compliance with legislation on animal nutrition, food and health and welfare of animals (control regulations) FOR-2013-12-17-1563 Regulation amending the Regulation on additives for use in animal nutrition FOR-2013-12-16-1575 Regulation amending the Regulation on the hygiene of foodstuffs (food hygiene regulations) FOR-2013-12-16-1577 Regulation amending the Regulation on nutrition and health claims made on foods FOR-2013-12-19-1603 Regulations amending the Juice Regulations FOR-2013-12-19-1618 Regulations amending the Regulations on duty-free import and temporary use of foreign-registered motor vehicle in Norway Poland № 1451 Regulation of the Minister of Internal Affairs of 31 October 2013 amending Regulation on the establishment of additional air border crossings № 1464 The Act of 23 October 2013 on the ratification of the Additional Protocol to the Criminal Law Convention on Corruption, signed in Strasbourg on 15 May 2003 № 1475 Regulation of the Minister of Finance of 29 October 2013 amending Regulation on the place designated or approved by the customs authority, which may be made to function under customs legislation № 1502 Regulation of the Minister of National Defence on 20 November 2013 amending the regulation on the production, manufacture, processing, use, acquisition, collection, storage, disposal, transfer and use of toxic chemicals and their precursors № 1512 Regulation of the Minister of Agriculture and Rural Development of 27 November 2013 on the sampling of plant protection products for laboratory testing № 1547 Regulation of the Minister of Finance dated 9 December 2013 amending Regulation concerning the types of declarations which may be made by means of electronic communication № 1549 Regulation of the Minister of Agriculture and Rural Development of 27 November 2013 on the collection of samples of plants, plant products or other objects to test for the presence of residues of plant protection products № 1553 Regulation of the Minister of Agriculture and Rural Development of 27 November 2013 on the seed mixtures № 1554 Regulation of the Minister of Agriculture and Rural Development of 27 November 2013 on the model certificates and information concerning the evaluation of seed № 1555 Regulation of the Minister of Agriculture and Rural Development of 6 December 2013 on the amount of the national reserve of the national quota in the quota year 2013/2014 № 1556 Regulation of the Minister of Agriculture and Rural Development of 6 December 2013 on the allocation coefficient of individual quotas from the national reserve for wholesale suppliers in the quota year 2013/2014 № 1576 Regulation of the Minister of Foreign Affairs of 2 December 2013 on the pattern of the report of the actual implementation of the arms exports № 1589 Regulation of the Minister of Finance of 13 December 2013 amending the regulation on the lists of goods for the purposes of collecting the tax on goods and services imports № 1649 Regulation of the Minister of Infrastructure and Development of 16 December 2013 amending Regulation on the granting by the Polish Agency for Enterprise Development financial assistance to support the creation and development of electronic commerce within the framework of the Operational Programme Innovative Economy 2007-2013 № 1664 Regulation of the Minister of Agriculture and Rural Development of 16 Baker & McKenzie Date* 03-12-13 25-12-13 28-12-13 30-12-13 02-12-13 09-12-13 17-12-13 79 International Trade Compliance January 2014 Measure December 2013 amending the Regulation on the list of international control and supervisory bodies empowered to issue documents confirming the importation of agri-food products to third countries Spain Economy and Competitiveness: ECC/2257/2013 Order of 26 November, amending Annex PRE/3026/2003 Order of 30 October, by the standards of inspection and control to dictate the Regional Offices and Territorial amending Trade. (BOEA-2013-12631) Economy and Competitiveness: Resolution of 16 December 2013, the Ministry of Commerce, transmitting the official calendar of international trade fairs in 2014 was approved. (BOE-A-2013-13612) Law 25/2013 of 27 December on the pulse of electronic invoicing and accounting creation of invoices in the Public Sector. (BOE-A-2013-13722) Instrument of Acceptance of the Amendment to Annex A of the Stockholm Convention on Persistent Organic Pollutants, adopted in Geneva on April 29, 2011, (BOE-A-2013-13757) Switzerland Ordinance of the FDF on goods receiving customs relief according to their use (Ordinance on customs concessions, OADou) (RS 631.012) Federal Law on Medicinal Products and Medical Devices (Law on Therapeutic Products HMG) (RS 812.21) DFI order to control movement of fauna and flora protected (Ordinance on CITES controls) (RS 453.1) Order of DFI on the tables of narcotics, psychotropic substances, precursors and chemical additives (Ordinance on tables narcotics OTStup-DFI) (RS 812.121.11) OFAG Ordinance Fixing periods and deadlines as well as the authorization parts tariff quota for fresh vegetables, fresh fruit and fresh cut flowers (Ordinance authorizing imports on the OIELFP) (RS 916.121.100) Ordinance of the FDF on the rates of contributions for the export of agricultural commodities (RS 632.111.723.1) Ordinance on the type-approval of motor vehicles (ORT) (RS 741.511) Ordinance of the Swiss Agency for Therapeutic Products for the enactment of the pharmacopoeia and the recognition of other pharmacopoeias (RS 812.214.11) DHA Ordinance on foreign substances and components in foodstuffs (Ordinance on foreign substances and components, OSEC) (RS 817.021.23) DFI Order of drinking water, mineral water and spring water (RS 817.022.102) DHA Ordinance on special foods (RS 817.022.104) DFI Order of the edible oils and fats and their derivatives (RS 817.022.105) DHA Ordinance on foodstuffs of animal origin (RS 817.022.108) DHA Ordinance on cereals, legumes, vegetable proteins and their derivatives (RS 817.022.109) DHA Ordinance on Alcoholic Beverages (RS 817.022.110) DHA Ordinance on soft drinks (especially tea, infusions, coffee, juice, syrups, soft drinks) (RS 817.022.111) DHA Ordinance on the labeling and advertising of foodstuffs (OEDAI) (RS 817.022.21) DHA Ordinance on additives permitted in foodstuffs (Ordinance on additives, ZuV) (RS 817.022.31) Order of DFI on the addition of essential or physiologically useful substances to foods (RS 817.022.32) DHA Ordinance on the safety of toys (Ordinance on toys, OSJo) (RS 817.023.11) DFI Order of the objects intended to come into contact with mucous membranes, skin or hair and capillary system, and candles, matches, lighters and joke items (Ordinance on articles intended to come into contact with the human body) (RS 817.023.41) OFAG Ordinance Fixing periods and deadlines as well as the authorization parts tariff quota for fresh vegetables, fresh fruit and fresh cut flowers (Ordinance authorizing imports on the OIELFP) (RS 916.121.100) DHA Ordinance on the control of the import and transit of animals and animal products (OITE Ordinance controls) (RS 916.443.106) Baker & McKenzie Date* 27-12-13 03-12-13 06-12-13 09-12-13 11-12-13 12-12-13 16-12-13 17-12-13 19-12-13 23-12-13 24-12-13 Measure Ordinance on the import of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01) DHA Ordinance on the control of the import and transit of animals and animal products (OITE Ordinance controls) (RS 916.443.106) Ordinance on the Protection of Animals (OPA) (RS 455.1) United Kingdom SI 2013/2996 - The Food Safety and Hygiene (England) Regulations 2013 SI 2013/3032 - The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013 SI 2013/3050 - The Plant Health (Fees) (England) (Amendment) Regulations 2013 SI 2013/3113 - The Waste Electrical and Electronic Equipment Regulations 2013 SI 2013/3108 - The Postal Services (Universal Postal Service) (Amendment) Order 2013 SR 2013/291 - The Food Safety, Food Hygiene and Official Controls (Sprouting Seeds and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 SI 2013/3168 - The Enterprise Act 2002 (Part 8 EU Infringements) Order 2013 SI 2013/3134 - The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3133 - The Feed (Hygiene and Enforcement) and the Animal Feed (England) (Amendment) Regulations 2013 SI 2013/3049 - The Food (Miscellaneous Amendments) (Wales) Regulations 2013 / Rheoliadau Bwyd (Diwygiadau Amrywiol) (Cymru) 2013 SR 2013/294 - The Feed (Hygiene and Enforcement) and the Animal Feed (Amendment) Regulations (Northern Ireland) 2013 SI 2013/3171 - The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) and Tractor etc (EC Type-Approval) (Amendment) Regulations 2013 2013 c. 32 - Energy Act 2013 SR 2013/296 - The Contaminants in Food (Amendment) Regulations (Northern Ireland) 2013 SSI 2013/366 - The Plant Health (Scotland) Amendment (No. 3) Order 2013 SR 2013/304 - The Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 SI 2013/3235 - The Single Common Market Organisation (Consequential Amendments) Regulations 2013 Restrictive measures established, amended, corrected The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice. Date* Restrictive Measure Iceland 11-12-13 № 1100/2013 - Regulation on restrictive measures concerning Afghanistan. № 1101/2013 - Regulation amending the Regulation on restrictive measures on Belarus no. 97/2012. Liechtenstein № 383 Regulation of 3 December 2013 concerning the amendment of the Regulation on measures against the Islamic Republic of Iran 09-12-13 № 384 Regulation of 3 December 2013 concerning the amendment of the Ordinance on Measures against persons and organizations with links to “Al Qaeda” № 397 Ordinance of 10 December 2013 concerning the amendment of the Reg13-12-13 ulation on Measures against Libya 80 International Trade Compliance January 2014 Baker & McKenzie Date* Restrictive Measure № 398 Ordinance of 10 December 2013 concerning the amendment of the Ordinance on Sanctions against Liberia № 399 Ordinance of 10 December 2013 concerning the amendment of the Ordinance on Measures against persons and organizations with links to “Al Qaeda” Switzerland Ordinance on Measures against persons and entities associated with Usama bin Laden, the “Al Qaeda” or the Taliban (RS 946.203) Ordinance instituting measures against Belarus (RS 946.231.116.9) Ordinance instituting measures against certain individuals from the Arab Republic of Egypt (RS 946.231.132.1) 27-12-13 Ordinance instituting measures against the Islamic Republic of Iran (RS 946.231.143.6) Ordinance instituting measures against Liberia (RS 946.231.16) Ordinance instituting measures against certain individuals from Tunisia (RS 946.231.175.8) United Kingdom SI 2013/3182 - The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013 18-12-13 SI 2013/3160 - The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2013 Non EU-EFTA European Countries Ukraine Mindohodiv postings The following documents were posted on the Ministry of Revenue and Duties(Mindohodiv) (Міністерства доходів і зборів України - Міндоходів) website. Date 03-12-13 03-12-13 05-12-13 06-12-13 11-12-13 81 International Trade Compliance January 2014 Matter Draft order of Mindohodiv, Ministry of Internal Affairs of Ukraine, Ministry of Infrastructure of Ukraine, the Ministry of Health of Ukraine, the Ministry of Agrarian Policy and Food of Ukraine, the Ministry of Ecology and Natural Resources of Ukraine, Ministry of Culture of Ukraine “On Recognition of the invalid, Joint Order of November 28, 2005 № 1167/886/824/643/655/424/858/900 Draft Decree of Mindohodiv “On Recognition of the void the order of the State Customs Service of Ukraine on March 30, 2005 № 222” Draft Decree of Mindohodiv “On Approval of Boundary Controls of temporal norms officials regulatory authorities, exercising their functions at checkpoints across the state border of Ukraine” Draft Decree of Mindohodiv “On Recognition of the void the order of the State Customs Service of Ukraine from 23.05.2011 № 409” Draft Decree of Mindohodiv “on the termination of certain orders of the State Customs Service of Ukraine, the State Administration of Ukraine for Aviation Safety” Draft Decree of Mindohodiv “On approval of the issuance of the certificate of approval of road vehicles for the carriage of goods under Customs seal“ Mindohodiv Draft Order “On customs formalities for pipelines and power lines” Draft Decree of the Mindohodiv “On declaring null and void, some by the State Customs Service of Ukraine” Draft Joint Order of Mindohodiv and the Ministry of Industrial Policy of Ukraine “On declaring null and void, some by the State Customs Service of Ukraine and the Ministry of Industrial Policy of Ukraine” Draft Joint order Mindohodiv, Minenergouglya, Ministry of Infrastructure “On ceasing to void the order of the State Customs Service of Ukraine, the Ministry of Fuel and Energy of Ukraine, Ministry of Transport and Communications of Ukraine of 12 December 2006 № 1110/484/1146 Baker & McKenzie Date 16-12-13 18-12-13 20-12-13 24-12-13 Matter Draft Order of Mindohodiv “On approval of reimbursement for storage of goods and vehicles in warehouses of income and charges Procedure for calculation of costs in cases of violation of customs regulations and reimbursement and amounts awarded for the warehousing of revenues and charges for goods and vehicles“ Draft Decree of Mindohodiv “On Approval of the Regulation on the conditions and procedure for tender (tender) of the definition of specialized companies organizers customs auctions“ Draft Order of Mindohodiv “On approval of the interaction of structural units of the Ministry and local income and fees from Ukraine specialized laboratory expertise and research Mindohodiv during the research and expertise, standards of sampling (samples) of goods for the study (analysis, expertise)” Draft Decree of Mindohodiv “On some issues opening and operation of a free customs zone commercial or service type“ Draft Order of Mindohodiv “On approval of the Mindohodiv customs warehouse” Eurasian Economic Community (EurAsEC) Supreme Eurasian Economic Council meets The Eurasian Economic Commission (EEC) announced that on 24 December 2013, the Supreme Eurasian Economic Council (SEEC) met in Moscow. The participants were the Presidents of the Russian Federation, Belarus and Kazakhstan and the Chairman of the EEC Board. In addition, the Presidents of Armenia and Kyrgyzstan, two countries that have applied for membership, attended. The Prime Minister of Ukraine, which has applied for Observer status also attended. The participants reviewed progress of the draft treaty on the Eurasian Economic Union and approved a budget for the Commission for 2014. They also discussed the accession roadmap/action plan for Armenia’s accession and a phase-in to the Common Economic Space’s regulation of monopolies. The SEEC was preceded by a meeting on 23 December 2013, of the Council of the EEC, vice-premiers of the Customs Union’s members and members of the Board of the EEC. The Council addressed issues of competition, antitrust regulation, trade, and the course of the project to the Treaty on the Eurasian Economic Union with regard to the provisions aimed at further development of integration. One of the main topics was reducing the tariffs on electric cars from 19% ad valorem to 0% to make the ownership of electric cars more attractive. Their ownership is hampered by a lack of infrastructure (charging stations and service) as well as the 19% tariff. The Council has directed members of the Customs Union and the EEC to examine the issue of infrastructure, and production and report back by the fourth quarter of 2014. Also addressed was the issue of the chairmanship of the Council of the EEC in 2014. In accordance with Article 11 of the Treaty on the EEC, the Presidency of the Council of the EEC is to alternate annually. In 2014, the Presidency of the Council will be held by the representative of the Republic of Kazakhstan, First Deputy Prime Minister Igor Shuvalov. 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. 82 International Trade Compliance January 2014 Baker & McKenzie Publication Date 20-12-13 23-12-13 25-12-13 26-13-12 07-12-13 02-12-13 83 International Trade Compliance January 2014 Title Council of the Eurasian Economic Commission Decision № 88 (13 Dec. 2013) On the draft decision of the Supreme Eurasian Economic Council “On the results of the implementation of the Agreement on common principles and rules of regulation of natural monopolies on December 9, 2010” Decision № 89 (13 Dec. 2013) On the draft decision of the Supreme Eurasian Economic Council “On the final report on implementation of the Phased Plan formation of the Common Economic Space in respect of natural monopolies (in sectoral (industry) section)” Decision № 90 (13 Dec. 2013) On the draft decision of the Supreme Eurasian Economic Council “On the list of normative legal acts of States - members of the Customs Union and the Common Economic Space in the regulation of natural monopolies, which are subject to convergence, with the sequencing of the relevant measures to harmonize legislation in this field” Decision № 91 (13 Dec. 2013) On the progress of the project to the Treaty on the Eurasian Economic Union with regard to the provisions aimed at further development of integration Decision № 92 (13 Dec. 2013) On establishing the rates of customs duties of the Common Customs Tariff of the Customs Union in respect of certain types of motor vehicles that were in operation Decision № 93 (13 Dec. 2013) On the draft decision of the Supreme Eurasian Economic Council “On the transfer of the Eurasian Economic Commission authority to monitor compliance with common rules of competition in cross-border markets in the territories of States - members of the Customs Union and the Common Economic Space” Decision № 95 (23 Dec. 2013) On the draft decision of the Supreme Eurasian Economic Council “On Amendments to the Decision of the Supreme Eurasian Economic Council from October 24, 2013 № 48” Decision № 96 (23 Dec. 2013) On the draft decision of the Supreme Eurasian Economic Council “On the status of the draft Treaty on the Eurasian Economic Union with regard to the provisions aimed at further development of integration” Decision № 97 (23 Dec. 2013) On the dynamics of mutual trade between the Customs Union and Ukraine Decision № 98 (23 Dec. 2013) On Amendments to the single commodity nomenclature of foreign economic activity of the Customs Union and the Common Customs Tariff of the Customs Union in respect of certain types of motor vehicles with an electric motor Decision № 99 (23 Dec. 2013) About the Chairman of the Council of the Eurasian Economic Commission Decision № 100 (23 Dec. 2013) On Amendments to the Decision of the Council of the Eurasian Economic Commission on July 16, 2012 № 55 “On the application of the Republic of Belarus and the Republic of Kazakhstan import duties different from the common customs tariff rate of the Customs Union, in respect of certain categories of goods” Board of the Eurasian Economic Commission Decision № 277 (26 Nov. 2013) About the Program on development (modification, revision) of interstate standards, as a result of compliance with requirements of technical regulations of the Customs Union “On the security of agricultural and forestry tractors and trailers to them” (TR TC 031/2012), as well as interstate standards containing rules and methods (tests) and measurements, including the rules of sampling necessary for the implementation and execution of the technical regulations of the Customs Union “On the security of agricultural and forestry tractors and trailers to them” (TR TC 031/2012) and the implementation of ( confirmation) of compliance products Decision № 279 (2 Dec. 2013) On Amendments to the Rules of the method of determining the customs value of the goods on the transaction value of the imported goods (method 1) Decision № 280 (2 Dec. 2013) On the draft decision of the Eurasian Economic Commission “On the draft decision of the Supreme Eurasian Economic Coun- Baker & McKenzie Publication Date 10-12-13 07-12-13 11-12-13 84 International Trade Compliance January 2014 Title cil” On the list of normative legal acts of States - members of the Customs Union and the Common Economic Space in the regulation of natural monopolies, which are subject to convergence, with the definition of the corresponding sequence of measures to harmonize legislation in this area “ Decision № 281 (2 Dec. 2013) On the draft decision of the Eurasian Economic Commission “On the draft decision of the Supreme Eurasian Economic Council” On the final report on implementation of the Phased Plan formation of the Common Economic Space in respect of natural monopolies (in sectoral (industry) section) “ Decision № 282 (2 Dec. 2013) Part 1 About formats of official statistical information Eurasian Economic Commission authorized bodies of - members of the Customs Union and the Common Economic Space. Part 1 Decision № 282 (2 Dec. 2013) Part 2 About formats of official statistical information Eurasian Economic Commission authorized bodies of - members of the Customs Union and the Common Economic Space. Part 2 Decision № 283 (2 Dec. 2013) On the creation of the Advisory Committee on Interaction supervisory authorities at the customs border of the Customs Union, amending the Regulation on the Advisory Committee on Customs Regulation and Repeal of certain decisions of the Commission of the Customs Union Decision № 284 (2 Dec. 2013) About the Order of the Eurasian Economic Commission for making decisions on the classification of certain goods Decision № 285 (2 Dec. 2013) On Amendments to the Customs Union Commission Decision of 15 July 2011 № 710 Decision № 286 (2 Dec. 2013) On the statistical work program of the Eurasian Economic Commission for 2014 Decision № 287 (10 Dec. 2013) On Amendments to the Advisory Committee on Electric Power Decision № 288 (10 Dec. 2013) On the necessity of execution states - members of the Customs Union and the Common Economic Space Council Decision № 49 on the Eurasian Economic Commission August 16, 2013 Decision № 289 (10 Dec. 2013) On amendments and (or) additions to the information specified in the declaration of goods and Repeal of certain decisions of the Commission of the Customs Union and the Board of Eurasian Economic Commission Decision № 290 (10 Dec. 2013) About the Program on development (modification, revision) of interstate standards, as a result of which, on a voluntary basis, compliance with the technical regulations of the Customs Union “Technical regulations for oil and fat products» (TR TC 024/2011), as well as interstate standards containing rules and research methods (tests) and measurements, including the rules of sampling required for the application and enforcement of the technical regulations of the Customs Union “Technical regulations for oil and fat products» (TR TC 024/2011) and the implementation of assessment (confirmation) of conformity Decision № 291 (10 Dec. 2013) About the Program on development (modification, revision) of interstate standards, as a result of which, on a voluntary basis, compliance with the technical regulations of the Customs Union “On the security of grain” (TR TC 015/2011), as well as interstate standards containing rules and methods of research (tests) and measurements, including the rules of sampling necessary for the implementation and execution of the technical regulations of the Customs Union “On the security of grain” (TR TC 015/2011) and the implementation of assessment (confirmation) of conformity Decision № 292 (10 Dec. 2013) About the Program on development (modification, revision) of interstate standards, as a result of which, on a voluntary basis, compliance with the technical regulations of the Customs Union “On the requirements for lubricants, oils and special fluids” (TR TC 030/2012), as well as interstate standards containing rules and methods of researches (tests) and measurements, including the rules of sampling required for the application and enforcement of the technical regulations of the Customs Union “On the requirements for lubricants, oils and special fluids” (TR TC 030/2012) and implementation of assessment (confirmation) of conformity Baker & McKenzie Publication Date 17-12-13 18-12-13 18-12-13 19-12-13 26-12-13 85 International Trade Compliance January 2014 Title Decision № 293 (10 Dec. 2013) On Amending the Single list of products subject to mandatory assessment (attestation) of the Customs Union with the issuance of common documents in respect of products to which the technical regulation technical regulations of the Customs Union “On the safety of small vessels” (TR TC 026/2012) Decision № 294 (10 Dec. 2013) On amendments to some decisions of the Commission of the Customs Union Decision № 295 (10 Dec. 2013) On the draft decision of the Eurasian Economic Commission “On Amendments to the single commodity nomenclature of foreign economic activity of the Customs Union and the Common Customs Tariff of the Customs Union in respect of certain types of motor vehicles with an electric motor” Decision № 296 (10 Dec. 2013) On the draft decision of the Eurasian Economic Commission “On the establishment of import duty rates of the Common Customs Tariff of the Customs Union in respect of certain types of motor vehicles that were in operation” Decision № 297 (10 Dec. 2013) On the order of introduction of the technical regulations of the Customs Union “On the safety of milk and dairy products” (TR TC 033/2013) Decision № 298 (10 Dec. 2013) On the order of introduction of the technical regulations of the Customs Union “On the safety of meat and meat products” (TR TC 034/2013) Decision № 299 (10 Dec. 2013) About the Memorandum of Understanding between the Eurasian Economic Commission and the World Organisation for Animal Health Decision № 300 (17 Dec. 2013) On Amendments to the single commodity nomenclature of foreign economic activity of the Customs Union and the Common Customs Tariff of the Customs Union in respect of licorice and Decision Board of Eurasian Economic Commission dated August 16, 2012 № 134 Decision № 301 (17 Dec. 2013) On the Repeal of the Customs Union Commission Decision of 18 November 2011 № 851 Decision № 302 (17 Dec. 2013) On approval of the action plan on the issue of mutual recognition of electronic signature, made in accordance with the laws of one state - member of the Customs Union and the Common Economic Space (Republic of Belarus, Kazakhstan and the Russian Federation), another state a member of the Customs Union and the Common Economic Space (Republic Belarus, Kazakhstan and the Russian Federation) for the execution of the Agreement on the state (municipal) procurement from December 9, 2010 Decision № 303 (17 Dec. 2013) About the project Agreement on coordinated policy in the field of traceability Decision № 304 (17 Dec. 2013) Report on the compliance of States - members of the Customs Union and the Common Economic Space in 2012, the provisions of the Uniform Rules for granting industrial subsidies from December 9, 2010 and the draft decision of the Council of the Eurasian Economic Commission “On the draft decision of the Supreme Eurasian Economic Council” On the representation of states - members of the Customs Union and the Common Economic Space of the Eurasian Economic Commission for information sent to other Member States in accordance with the Agreement on common rules for the provision of industrial subsidies from December 9, 2010 “ Decision № 305 (25 Dec. 2013) About the Protocol on the establishment of an information exchange system for an indicative forecast balance gas states members of the Customs Union and Common Economic Space Decision № 306 (25 Dec. 2013) About the Agreement on the transboundary movement of hazardous wastes on a single customs territory of the Customs Union Decision № 307 (25 Dec. 2013) On Amendments to the list of goods that are essential for the domestic market of the Customs Union, in respect of which in exceptional cases may be temporary limitations or bans exports Decision № 308 (25 Dec. 2013) On Amending the Single list of products subject to mandatory assessment (attestation) of the Customs Union with the issu- Baker & McKenzie Publication Date 31-12-13 18-12-13 Title ance of common documents in respect of products to which the technical regulation technical regulations of the Customs Union “On the requirements for lubricants, oils and special fluids” (TR TC 030/2012) Decision № 309 (25 Dec. 2013) Action plan needed for the implementation of technical regulations of the Customs Union “On the safety equipment of high pressure” (TR TC 032/2013) Decision № 310 (25 Dec. 2013) About the Agreement on the regulation of the alcohol market participants in the territories of - members of the Customs Union and Common Economic Space Board Recommendations Recommendation № 17 (17 Dec. 2013) On Amending the Recommendation Board of Eurasian Economic Commission on March 12, 2013 number 4 Belarus Belarusian senators approve bill replacing Customs Code The Belarusian Telegraph Agency (Belta) in a release reproduced by the State Customs Committee announced that on December 19, 2013, the Council of the Republic approved the draft law “On Customs Regulation in the Republic of Belarus.” The draft law replaces the existing Customs Code with a law that takes the Customs Union into account and regulates those activities which remain with national authorities. The bill also would reduce the number of required documents for Customs clearance, simplify the clearance process, and specify requirements for banks in providing Customs guarantees. Once the bill is signed by the President, the State Customs Committee intends to eliminate several existing requirements. 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 3 Dec. 2013. It may be searched by tariff code or description (in Russian). Russian Federation 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: 86 R.G. Date of Publication Subject 04-12-13 Federal Law № 318-FZ (30 Nov. 2013) On Amending Articles 13 and 24 of the Federal Law On the basis of state regulation of foreign trade activity and Articles 1 and 3 of the Federal Law On Gas Export Federal Law № 339-FZ (2 Dec. 2013) On Amending the Federal Law On Customs Regulation in the Russian Federation Federal list of extremist materials International Trade Compliance January 2014 Baker & McKenzie R.G. Date of Publication 06-12-13 09-12-13 11-12-13 13-12-13 19-12-13 20-12-13 23-12-13 25-12-13 27-12-13 87 International Trade Compliance January 2014 Subject Order № 1610 of the Ministry of Industry and Trade of the Russian Federation (Russian Ministry of Industry) (7 Oct. 2013) On Amendments to the Administrative Regulations of the Ministry of Industry for the provision of public services to issue licenses and other permits for export and (or) the importation of certain goods, as well as the formation and maintenance of the federal bank licenses issued, approved by the Ministry of Industry and Trade of the Russian Federation dated February 17, 2012 N 135 “ Federal Law № 347-FZ of the Russian Federation (2 Dec. 2013) On Amending Article 61 of the Federal Law On Customs Regulation in the Russian Federation Order № 1710 of the Federal Customs Service (FCS of Russia) (10 Sept. 2013) On Amendments to the Administrative Regulations of the Federal Customs Service for the provision of public services for maintaining a register of authorized economic operators, approved by FCS Order № 1877 (14 Sept. 2011) Order № 252-OD of the Federal Agency for Development of the State Border of the Russian Federation (30 Oct. 2013) On the reconstruction of marine cargo standing multilateral border crossing the state border of the Russian Federation in the seaport of Makhachkala Order № 256-OD of the Federal Agency for Development of the State Border of the Russian Federation (30 Oct. 2013) On the reconstruction of river cargopassenger standing multilateral border crossing the state border of the Russian Federation Khabarovsk (Khabarovsk Territory) Order № 1597 of the Ministry of Industry and Trade of the Russian Federation (Russian Ministry of Industry (3 Oct. 2013) On Approval of the List of high-tech products based on the priority of modernizing the Russian economy Federal list of extremist materials Federal list of extremist materials Order № 2098 of the FCS of Russia (6 Nov. 2013) On Amendments to the annex to the Order of the organization system of remuneration of executives of customs bodies of the Russian Federation and institutions under the jurisdiction of the FCS, approved by FCS Order № 2529 of December 16, 2011 Order № 682 of the Federal Security Service of the Russian Federation (18 Nov. 2013) On Amendments to the Rules of the border regime, approved by order of the Federal Security Service of Russia from October 15, 2012 № 515 Government Decree № 1202 (21 Dec. 2013) On Amendments to the rates of export customs duties on goods exported from the Russian Federation outside the - members of the Customs Union Federal Law № 374-FZ (21 Dec. 2013) On Amending the Federal Law On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation Federal Law № 372-FZ (21 Dec. 2013) On Amending the Federal Law On Export Control” Federal Law № 361-FZ (21 Dec. 2013) On Amending Article 303 of the Federal Law On Customs Regulation in the Russian Federation Federal Law № 362-FZ (21 Dec. 2013) On Amending Article 317 of the Federal Law On Customs Regulation in the Russian Federation Federal Law № 352-FZ (20 Dec. 2013) On ratification of the Agreement between the Government of the Russian Federation and the Government of the People’s Republic of China to expand cooperation in trade crude oil Federal Law № 354-FZ (21 Dec. 2013) On ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of South Ossetia on trade mode Federal Law № 356-FZ (21 Dec. 2013) On ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Abkhazia on the regime of trade Federal list of extremist materials Order № 1452 of the FCS of Russia (6 Aug. 2013) On Approval of the Rules of lump sum payment, monthly monetary compensation and order payment of the Baker & McKenzie R.G. Date of Publication 30-12-13 31-12-13 Subject amounts of compensation of property damage by customs officers of the Russian Federation in connection with the performance of official duties Order № 1451 of the FCS of Russia (6 Aug. 2013) On approval of the payment of benefits in case of death or bodily injury by the federal government civilian employee of the customs authority of the Russian Federation and the amounts of compensation of property damage in connection with the performance of official responsibilities” Order № 1631 of the FCS of Russia (30 Aug. 2013) On Approval of the Procedure and timing of the certification candidates for the head and the head of an educational institution under the jurisdiction of the Federal Customs Service Order № 285-OD of the Federal Agency for Development of the State Border of the Russian Federation (5 Dec. 2013) On the reconstruction of air cargo and passenger permanent multilateral border crossing the state border of the Russian Federation Ufa (Bashkortostan) Order № 868 of the Ministry of Energy of the Russian Federation (Russian Ministry of Energy) (3 Dec.2013) On approval of guidelines for analyzing the reasonableness of the use of special formulas for calculating the rates of export customs duties on crude oil as specified in subparagraph 2 of paragraph 5 of Article 3.1 of the Law the Russian Federation “On Customs Tariff”, the application form on the application of the formula for calculating the special export duty on crude oil and form certificate of planned and actual capital and operating (operating) costs incurred by the subsoil user and associated with the activities of exploration and (or) development of the field, and the actual revenue from the sale of the subsoil user hydrocarbons produced in the field Order № 2259 of the FCS of Russia (2 Dec. 2013) On the competences of the customs post ZHDPP [ЖДПП] Skangali (department of customs clearance and customs control N 2) Pskov Customs Africa Kenya Tariff classification rulings Copies of the latest tariff classification rulings (September 2013) issued by the Kenya Revenue Authority (KRA) may be found here. In addition, a spreadsheet summarizing tariff classification rulings issued in 2010-2013 may be found here. South Africa South African Customs and Excise Act Amendments of Rules and Tariff Schedules Publication Publication Date Details 88 27-12-13 GG 37180 R.1031 20-12-13 GG 37175 R.1025 International Trade Compliance January 2014 Subject Amendment of the rules for s.15 on traveller declarations and deletion of the DA 331 form • Notice R.1031 New Imposition of provisional payment in relation to anti-dumping on disodium carbonate imported from the United States of America produced by OCI Chemical Corporation; TATA Chemicals (SODA ASH) Partners Inc. (TCSAP); as well as other manufacturers excluding that produced by TATA Chemicals (SODA ASH) Partners Inc. (TCSAP) and OCI Chemical Corporation Implementation Date 27-12-13 Up to and including 20-06-14 Baker & McKenzie Publication Publication Date Details GG 37175 R.1024 GG 37154 R.1011 GG 37154 R.1010 GG 37154 R.1009 GG 37154 R.1008 GG 37154 R.1007 GG 37154 R.1006 GG 37169 R.1017 GG 37169 R.1018 Subject • Notice R.1025 New! Imposition of provisional payment in relation to anti-dumping duty on frozen potato chips or French fries originating in or imported from Belgium and produced by Clarebout Potatoes N.V; all other manufacturers excluding Clarebout Potatoes N.V.; and originating in or imported from the Netherlands, excluding that produced by Lamb Weston/Meijer V.O.F. • Notice R.1024 New! Schedule No. 8 - Reduction of all licence fees to a rate of “free” • Notice R.1011 New! Part 2 of Schedule No. 4 - Deletion of rebate item 460.11/00.00/05.00 upon request of the Minister of Trade and Industry • Notice R.1010 New! Part 1 of Schedule No. 4 - Deletion of rebate items 412.25/00.00/01.00 and 412.25/00.00/02.00 upon request of the Minister of Trade and Industry • Notice R.1009 New! The General Notes to Schedule No. 1 is amended as follows: General Note K.5(a) and (b) and General Note 6(a) and (b) are deleted; General Note K.5 and General Note 6 are substituted as a consequence to the expiry of the MMTZ quota agreement • Notice R.1008 New! Part 1 of Schedule No. 1 - Substitution of tariff subheading 3920.91 in order to replace EFTA phase-down amendment thereof • Notice R.1007 New! Part 1 of Schedule No. 1 - Substitution of tariff subheading 3920.91 to reduce the rate of duty on polyvinyl butyral from 10% to free - ITAC Report 448 • Notice R.1006 Amendment of the rules for s.119A relating to the electronic submission of excise accounts and returns via eFiling • Notice R.1017 New! Note the dates in rule 119A.R101A(10)(e) and rule 119A.R101(10)(g) Substitution in item 202.00 of the Schedule to the Rules of all the DA 260 Excise Accounts and their schedules • Notice R.1018 New! • • • • • • • • • • 89 International Trade Compliance January 2014 DA 260 - Excise Account: Wine (SVM) DA 260 - Excise Account: Wine (SOS) DA 260 - Excise Account: Wine (OS) DA260 - Excise Account: Vermouth (SVM) DA 260 - Excise Account: Vermouth (OS) DA 260 - Excise Account: Vermouth (SOS) DA 260 - Excise Account: Other Fermented Beverages (SVM) DA 260 - Excise Account: Other Fermented Beverages (SOS) DA 260 - Excise Account: Other Fermented Beverages (OS) DA 260 - Excise Account: Spirits Products Implementation Date 20 -12-13 15-11-13 20-12-13 01-01-14 20-12-13 up to and including 31 -12-13 20-12-13 Baker & McKenzie Publication Publication Date Details Subject • • • • • • • • GG 37150 R.1000 GG 37150 R.999 GG 37150 R.998 GG 37150 R.997 13-12-13 GG 37124 R.976 GG 37124 R.975 06-12-13 90 International Trade Compliance January 2014 GG 37093 R.940 (VMP) DA 260 - Excise Account: Spirits Products (VMS) (110-day cycle) DA 260 - Excise Account: Spirits Products (VMS) (130-day cycle) DA 260 - Excise Account: Spirits Products (SOS) DA 260 - Excise Account: Tobacco Products (VM) DA 260 - Excise Account: Tobacco Products (SOS) DA 260 - Excise Account: Malt Beer (VM) DA 260 - Excise Account: Malt Beer (SOS) DA 260 - Excise Account: Traditional African Beer Products (SVM) Implementation Date Schedule No. 6 - Amendment of Part 3 by the insertion of Note 6(h)(vi) in respect of refunds relat01-11-09 ing to distillate fuel used by the farming sector • Notice R.1000 Schedule No. 6 - Amendment of Part 3 by the insertion of Note 6(a)(xi) in respect of refunds relat01-04-13 ing to distillate fuel used by the farming sector • Notice R.999 Schedule No. 6 - Amendment of Part 3 by the insertion of Note 6(h)(ii)(cc)(B)(DD) and Note 13-12-13 6(h)(vii) in respect of diesel refunds • Notice R.998 Schedule No. 6 - Amendment of Part 3 by the substitution of Note 6(f)(iii)(cc) and Note 6(f)(iv) in re01-01-11 spect of refunds relating to mining activities • Notice R.997 Amendment of the Diamond Export Levy Rules in terms of s.18 of the Diamond Export Levy (Administration) Act, 2007 and substitution of the forms listed below: • Notice R.976 • DL 163 13-12-13 • DL 163A Rule 14.02 de• DL 163B leted with effect • DL 163C from: • DL 163D 30-09-09 • DL 185 Note: The deletion in Schedule A of rule 14.02 is deemed to have come into operation on 30 September 2009 Substitution of form DA 185.4B1 - Licensing Client Type 4B1 - Special Manufacturing Warehouse 13-12-13 • Notice R.975 • DA 185.4B1 Insertion of new rule 35.06 that applies to licensed special customs and excise warehouses in order to place certain restrictions on the removal of wine in 06-12-13 bulk • Notice R.940 Baker & McKenzie Newsletters, Reports, Articles, Etc. Baker & McKenzie Global VAT/GST Newsletter Baker & McKenzie’s October 2013 Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are: • • • • • Erik Scheer (Chair, Baker & McKenzie Global VAT Group) Folkert Idsinga (Chair, Baker & McKenzie European VAT Group) Jan Snel (Steering Committee, Baker & McKenzie Global VAT Group) Edmund Leow (Chair, Baker & McKenzie APAC VAT Group) Roger van de Berg (General Editor) Publications, Alerts, Newsletters The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to you: Subject International Trade, Tax and Anti-corruption December 2013 International Trade Compliance Update Global International Compliance – Client Alert: Transparency International Publishes Corruption Perceptions Index 2013 (also PDF) Buenos Aires Tax Alert: New Information Regime - Register of Related Taxpayers and Monthly Information Regime of Transactions with Related Taxpayers (Eng.); Nuevo Régimen de Información - Registro de Sujetos Vinculados y Régimen Informativo Mensual de Operaciones con Sujetos Vinculados (Span.) London Intellectual Property Client Alert: New Customs Regulation: practical and procedural considerations Mexico International Trade and Customs Practice Client Alert: Ministry of Economy establishes “Automatic Notice of Importation” for goods of the steel industry (Eng.); Secretaría de Economía implementa “Aviso Automático de Importación” para mercancías del sector acero (Span.) Mexico: Tax/International Trade practices Legal Alert: Statement released by INDEX (Eng.); Comunicado realizado por INDEX (Span.) regarding tax reform legislation Mexico Tax Client Alert: Relevant aspects of the Tax Reform affecting directly the Maquiladora Industry and possibilities of amparo (Eng.); Aspectos relevantes de la Reforma Hacendaria que afectan directamente a la Industria Maquiladora y posibilidades de amparo (Span.) Other Topics Global IP Practice Group-IP Dispatch - December 2013 LegalBytes Special Edition: How Should I Respond to California’s Do-Not-Track Requirements? LegalBytes Newsletter: December 2013 European Union – State Aid/Energy Antitrust and Competition Client Alert: Update: New State aid guidelines could impose strict limitations on national support schemes for renewable energy generation Buenos Aires Oil & Gas Alert: New penalties for oil & gas companies operating in the Argentine continental platform (Malvinas area) without the authorization of the Argentine Government (Eng.); Nuevas sanciones a compañías de gas y petróleo que operan en la plataforma continental argentina (área de Malvinas) sin la autorización del gobierno argentino (Span.) Buenos Aires Labor Newsletter: Labor & Employee Relations Newsletter November 2013 (Eng.); Resumen de la Normativa Relevante del Mes de Noviembre 2013 (Span.) 91 International Trade Compliance January 2014 Baker & McKenzie Subject Kyiv Energy, Mining & Infrastructure Legal Alert: Ukraine’s Electricity Market Reform: New Market, New Rules (Eng.); Реформування Ринку Електричної Енергії України: Нова Модель, Нові Правила (Ukr.); Реформирование Рынка Электрической Энергии Украины: Новая Модель, Новые Правила (Russ.) London Media: December 2013 Digital Media Update London Regulatory & Public Law Group: Annual Digest December 2013 Mexico Energy, Mines and Infrastructure Legal Alert: The Energy Reform Bill (Eng.); Proyecto de Reforma Energética (Span.) Paris Information Technology/Communications Legal Alert: What is the best way to set up a Cloud project? Recommendations from the European Outsourcing Association (EOA) (Eng.); Comment bien monter un projet Cloud ? Les recommandations de l’European Outsourcing Association (EOA) (French) Russia Intellectual Property Legal Alert: New Procedures for Paying Patent Fees North America Banking & Finance Client Alert: The Volcker Rule—Key Considerations for Foreign Banking Entities Toronto Intellectual Property: Client Alert - Canada’s Combating Counterfeit Products Act, promises greater intellectual property protection for Canadian brand owners Articles The following articles authored by Baker & McKenzie attorneys may be of interest to you: Authors, Title and Publication John McKenzie: “FCPA Compliance Issues for Import/Export Operations,” published in the Summer 2013, Volume 47, Number 1 issue of The International Lawyer. Alexandre Lamy and Jonathan Poling: “The ‘too big to jail’ environment: How financial institutions have run afoul of US money laundering and sanctions regulations,” published in The Compliance Officer Bulletin Brian Hengesbaugh and Amy de La Lama: “How Should I Respond to California’s DoNot-Track Requirements?” published in The Privacy Advisor. Terrie Gleason and Meredith DeMent: “Don’t Miss the Mark: U.S. Customs Country-ofOrigin Marking Requirements,” published in the Thomson Reuters Publication, World Trade Executive Practical Trade & Customs Strategies. Webinars, Meetings, Seminars, Etc. Cross-Border Transactions – Webinar Series As leaders in cross-border M&A, Baker & McKenzie has a number of practical insights on how to structure transactions that manage a patchwork of jurisdictions, regulatory environments and business cultures. To share these insights, we have developed a webinar series for in-house counsel, directors and CFOs focused on opportunity and risk in such transactions. All webinars will held on the second Tuesday of the month at 1:00 pm (ET), 10:00 am (PT). 92 • January 14th: China M&A: Seizing Opportunities Today • February 11, 2014: Brazil M&A: Seizing Opportunities Today • March 11, 2014: Joint Ventures: Tackling the Unique Challenges in a Cross-Border Joint Venture • April 8, 2014: Africa M&A: Seizing Opportunities Today • May 13, 2014: Global Supply Chains: Transactional Strategies to Strengthen and Manage Supply Chains International Trade Compliance January 2014 Baker & McKenzie • June 10, 2014: Southeast M&A: Seizing Opportunities Today in SEA • July 8, 2014: Compliance: Navigating the Regulatory Minefield in CrossBorder Transactions • August 12, 2014: Successfully Implementing a Cross-Border Transaction • September 9, 2014: Middle East M&A: Seizing Opportunities Today • October 14, 2014: Technology & IP: Winning Strategies in Cross-Border Deal Making • November 11, 2014: Russia M&A: Seizing Opportunities Today • December 9, 2014: India M&A: Seizing Opportunities Today For any or all Cross-Border webinars, click box to register: For more information, please contact Kathy Heffley or Chad Cole. CLE & CPE Credit Available: Approved for 1.0 California general CLE credit, 1.0 Illinois general CLE credit, 1.0 New York general CLE credit, and 1.0 Texas general CLE credit. Florida and Virginia CLE applications can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/12-12/11/15. This non-transitional program is not appropriate for newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. Approved for 1.0 Texas CPE credit. A uniform certificate for 1.0 CPE credit will be provided for participants to use for CPE credit applications in other states. We have registered with the Texas State Board of Public Accountancy as a CPE sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE program. 2013 International Trade Compliance Webinar Series Our recently completed 2013 International Trade Compliance Webinar Series focused on “Globalization of the Supply Chain: Trade Regulation and Developments.” If you missed any webinars in this series, or would like to see them again, you may view them or download only the PowerPoint used, by clicking on the link above or title below: • • • • • • 93 International Trade Compliance January 2014 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 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. • Customs Valuation and Transfer Pricing: Developments in the US, Canada, EU and China - Speakers: Robert Eisen (New York), Paul Burns (Toronto), Jennifer Revis (London), Eugene Lim (Hong Kong) - Moderator: William D. Outman (San Francisco) [Original broadcast July 23, 2013] PowerPoint only EU Anti-Bribery, Trade and Customs Webinar Series 2013 Our EU Compliance, International Trade and Customs Groups brought together their considerable local knowledge and on the ground experience to de-liver their second webinar series. The 2013 series covered a range of customs, export control, trade sanctions and anti-bribery and corruption topics. All webinars were recorded and will be available for viewing at your convenience, as will the accompanying PowerPoint presentations. Those that have already been posted are available by clicking on the links below. The remaining webinar and presentation will be posted as soon as possible. Our panel of speakers provided a practical overview of each of the topics listed below, using both examples of re-cent cases and case studies. Our speakers and moderators 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). • • • • • • • • • March 21: EU Trade Sanctions (Presentation only) April 18: Anti-Bribery and Corruption : M&A Due Diligence (Presentation only) May 23: Third Party Supply Chain Risks (Customs, Export Controls and Anti-Bribery) (Presentation only) June 20: Customs Valuation: Focus on Intercompany Transactions (Presentation only) September 5: Import and Export Controls for Encryption Items (Presentation only) September 19: Customs Tariff Classification Update (Presentation only) October 24: Fundamentals and Pitfalls in EU Export Controls (Presentation only) November 21: Customs: Free Trade Agreements / Origin (Presentation only) December 12: Anti-Bribery and Corruption: Key Developments Our complimentary EU Anti-Bribery, Trade and Customs 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. 2012 EU Customs Webinar Series: Boost Your Local Compliance In 2012, 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 were identified to help companies review and boost their local compliance procedures. Our panel of speakers and moderators was comprised of leading Customs experts from various EMEA locations including: Alexander Bychov (Moscow), Ross Denton (London), Jasper Helder (Amsterdam), Nicole Looks (Frankfurt), Erik 94 International Trade Compliance January 2014 Baker & McKenzie Scheer (Amsterdam). If you missed any of the webinars, you will be able to watch them by clicking on the title below. If you just want the PowerPoint, click on “For PowerPoint only” after the appropriate webinar. Webinar Dates and Topics: • Tariff classification: Understanding YOUR responsibility to properly classify products in the EU Combined Nomenclature [Broadcast: March 29, 2012] (For PowerPoint only) • Customs valuation: Developments and trends in customs valuation: identifying potential risks and savings opportunities [Broadcast: April 26, 2012] (For PowerPoint only) • Origin and FTAs: Update on Free Trade Agreements in the EU: how to benefit from trade arrangements [Broadcast: May 24, 2012] [For PowerPoint only] • Relationships with third parties: Assessing risks on third-party relationships: how to deal with your customs broker? [Broadcast: June 28, 2012] (For PowerPoint only] • CIS developments: Customs compliance in Russia, Single Economic Area and CIS [Broadcast: September 20] (For PowerPoint only) • The impact and compliance risks of transfer pricing adjustments on customs valuation: Profit based transfer pricing vs. cost based customs value: how does it work in practice? [Broadcast October 18, 2012] (For PowerPoint Only) • Compliance and risk management: Best practices in mitigating risks and tackling your compliance challenges [Broadcast November 15, 2012] (For PowerPoint only) • Building and implementing an effective compliance programme for customs, VAT and other indirect taxes: Implementing an indirect tax control framework: how does it work? [Broadcast December 6, 2012] (For PowerPoint Only) Our complimentary webinar series was aimed at in-house legal counsel and customs compliance managers, ranging from those who are new to the areas concerned, through to experienced practitioners who wanted to refresh their knowledge and learn more about customs regulations and compliance. For more information, please contact [email protected]. View 2012 International Trade Compliance Webinars on-line Our 2012 Global International Trade Compliance Webinar Series focused on “Best Practices” in Customs, Export Control and Sanctions, Antidumping/Countervailing Duty, and Anti-Corruption/Anti-Bribery Compliance Programs in numerous regions around the world as we explore what major multinationals do to have stellar “Best Practices” compliance programs in the international trade arena. If you missed any of the 90 minute programs in our series or just want a copy of the presentation, they are available on our website (Click the blue title to access the video and presentation). • 95 International Trade Compliance January 2014 Anti-Corruption and Anti-Bribery Corruption Compliance Programs in the US, EU and China [Broadcast January 10, 2012] Baker & McKenzie • Export Control Compliance Programs in the US, EU and Mexico [Broadcast February 14, 2012] • Trade Sanctions Compliance Programs in the US, EU and Canada [Broadcast March 13, 2012] • Customs Free Trade Agreements and Duty Preference Compliance Programs in the US, Canada, Mexico and China [Broadcast April 17] • Customs Valuation and Transfer Pricing Compliance Programs in the US, EU and Canada [Broadcast May 15, 2012] • Antidumping and Countervailing Duty Compliance Programs in the US and Canada [Broadcast June 12, 2012] • Customs Classification Compliance Programs in the US, EU and China [Broadcast August 28, 2012] 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 96 Notification Date Issued Final Date for Merchandise Covered Comments Argentina ARG/283 11/22/2013 Not given Air conditioners Argentina ARG/285 11/27/2013 11/29/2013 Personal hygiene products, cosmetics and perfumes Brazil BRA/312/Add.5 12/13/2013 Not given Tyres (HS 4011) Brazil BRA/397/Rev.1 12/3/2013 Not given Conformity assessment procedure Brazil BRA/419/Add.2 12/3/2013 Not given Ceramic building bricks, flooring blocks, support or filler tiles and the like (HS 69.04) Brazil BRA/534/Corr.1 12/13/2013 Not given Refrigerating/freezing equipment Brazil BRA/566 12/3/2013 1/20/2014 Cribs and cradles for domestic use; Other furniture and parts thereof (HS 9403) Brazil BRA/567 12/12/2013 1/31/2014 Baby Feeding Bottles and Nipples Brazil BRA/401/Add.2 12/20/2013 Not given Wooden baby cribs (HS 9403.50) Brazil BRA/568 12/20/2013 2/8/2014 Medicines Canada CAN/370/Add.1 12/11/2013 Not given Toxic substances Canada CAN/403 12/9/2013 2/13/2014 Canada CAN/404 12/12/2013 1/30/2014 Canada CAN/405 12/19/2013 3/1/2014 Drugs and Medical Devices Canada CAN/406 12/20/2013 2/20/2014 Multifunction school activity bus (MFSAB) International Trade Compliance January 2014 Consumer Products (not including food, therapeutic or cosmetics) Means of containment for the transport of dangerous goods Baker & McKenzie Country 97 Notification Date Issued Final Date for Merchandise Covered Comments China CHN/996 12/2/2013 2/2/2014 Wrought aluminium alloy extruded profiles with acrylic coating for architecture (HS 7604.29) China CHN/997 12/2/2013 2/2/2014 Anchor devices China CHN/998 12/2/2013 2/2/2014 Powered air-purifying respirator China CHN/999 12/2/2013 2/2/2014 Eye and face protection -Laser eyeprotectors China CHN/1000 12/2/2013 2/2/2014 Chain-mail gloves and guards China CHN/1001 12/2/2013 2/2/2014 China CHN/1002 12/2/2013 2/2/2014 China CHN/1003 12/2/2013 2/2/2014 China CHN/1004 12/2/2013 2/2/2014 China CHN/1005 12/2/2013 2/2/2014 Seamless steel pipes for crane jib China CHN/1006 12/4/2013 2/4/2014 Water dispensers (HS 8516) China CHN/1007 12/4/2013 2/4/2014 China CHN/1008 12/4/2013 2/4/2014 China CHN/1009 12/4/2013 2/4/2014 China CHN/1010 12/4/2013 2/4/2014 Marine auxiliary boiler China CHN/1011 12/16/2013 2/16/2014 Spark ignition engines China CHN/1012 12/16/2013 2/16/2014 Bonded abrasive products China CHN/1013 12/16/2013 2/16/2014 Tyre shaping and curing press China CHN/1014 12/16/2013 2/16/2014 Electric and optical cables China CHN/1016 12/20/2013 2/20/2014 Lithium ion cells and batteries used in portable electronic equipment China CHN/1017 12/20/2013 2/20/2014 Gasoline for motor vehicles Ecuador ECU/110 11/14/2013 2/10/2014 Ecuador ECU/116 11/22/2013 Not given Ecuador ECU/118 11/22/2013 Not given Ecuador ECU/119 11/22/2013 2/4/2014 International Trade Compliance January 2014 Steel plates of carbon steel and low alloy steel for nuclear power plants Welded austenitic stainless steel tubes and pipes for nuclear power plant Seamless stainless steel tubes and pipes for nuclear power plant Steel plates for low temperature pressure vessels Domestic gas cooking appliances (HS 7321) Water-source (ground-source) heat pumps (HS 8418) Diesel engines of non-road mobile machinery Generators, generating sets and electric rotary converters Cosmetic products (HS 3303, 3304.10, 3304.20, 3304.30, 3304.91, 3305.10, 3305.20, 3305.30, 3305.90, 3306.10, 3306.90, 3307.10, 3307.20, 3307.30 and 3307.90.90) Lifts (elevators) and escalators (HS 8428.10.10, 8428.10.90, 8428.20, 8428.31, 8428.32, 8428.33, 8428.39, 8428.40, 8428.60, 8428.90.10 and 8428.90.90) Generators, generating sets and electric rotary converters (HS 8502.11, 8502.11.10, 8502.11.90, 8502.12, Baker & McKenzie Country Notification Date Issued Final Date for Merchandise Covered Comments 8502.12.10, 8502.12.90, 8502.13, 8502.13.10, 8502.13.90, 8502.20, 8502.20.10, 8502.20.90 and 8502.40) 98 Ecuador ECU/12/Add.3 11/27/2013 Not given Ceramic products Ecuador ECU/121 12/9/2013 3/2/2014 Aggregate grading machines (HS 8474.10.10, 8474.10.20 and 8474.10.90) Ecuador ECU/28/Add.1 11/27/2013 Not given Plastic tubes and accessories (HS 3917) Ecuador ECU/33/Add.2 11/29/2013 Not given Insulated electrical conductors and wires Ecuador ECU/39/Add.2 11/29/2013 Not given Compact fluorescent lamps (HS 8539) Ecuador ECU/4/Add.2 11/21/2013 Not given Cement, lime and gypsum Ecuador ECU/70/Add.2 11/21/2013 Not given Condoms(HS 4014.10) Ecuador ECU/71/Add.2 11/21/2013 Not given Ecuador ECU/88/Add.2 12/2/2013 Not given Ecuador ECU/95/Add.3 11/29/2013 Not given Ecuador ECU/120 12/9/2013 2/27/2014 Ecuador ECU/122 12/16/2013 3/11/2014 Ecuador ECU/124 12/16/2013 3/11/2014 Ecuador ECU/126 12/16/2013 3/11/2014 Ecuador ECU/128 12/16/2013 3/11/2014 Ecuador ECU/130 12/16/2013 3/11/2014 Ecuador ECU/131 12/16/2013 3/11/2014 El Salvador SLV/171 12/13/2013 2/13/2014 Sanitary inspection of pork European Union EU/170 12/9/2013 2/9/2014 Construction products European Union EU/172 12/16/2013 2/16/2014 Agricultural products European Union EU/173 12/16/2013 2/16/2014 European Union EU/174 12/18/2013 2/18/2014 European Union EU/175 12/20/2013 2/20/2014 Chemical substances Israel ISR/609/Add.2 12/16/2013 Not given b Alcoholic beverages (HS 2208) Israel ISR/720 12/3/2013 2/3/2014 Medical electrical equipment (HS 9018) Israel ISR/721 12/3/2013 2/3/2014 Medical electrical equipment (HS 9018) International Trade Compliance January 2014 Electrical panels, cabinets, pull boxes, light junction boxes and racks and rack accessories (HS 8538.10, 8538.90) Foods for special dietary uses (HS 1806, 1901, 2005, 2007, 2104, 2106) Washing machines (HS 8450.11.00.00 and 8450.20.00.00) Injection-moulding machines (HS 8477.10; 8477.30; 8477.40; 8477.80) Sound or visual signalling equipment (HS 8531.10, 8531.20, 8531.80 and 8531.90) Furniture (HS 9403, 9403.10, 9403.30, 9403.40 and 9403.50) Primary cells (HS 8506, 8506.10, 8506.10.11, 8506.10.19, 8506.10.91, 8506.10.91.10, 8506.10.91.90, 8506.10.99, 8506.30.10, 8506.30.90, 8506.40.10, 8506.40.90, 8506.50.10, 8506.50.90, 8506.60.10, 8506.60.90, 8506.80.10 and 8506.80.90) Ethyl alcohol (HS 2207, 2207.10, 2207.20 and 2207.20.00.90) Copper and aluminium wires and cables (HS 7413, 7614, 7614.10 and 7614.90) Loudspeakers (HS 8518.21, 8518.22 and 8518.29) Fenbutatin oxide (pesticide active substance) Agricultural products intended to be marked as organic Baker & McKenzie Country 99 Notification Date Issued Final Date for Merchandise Covered Comments Fire protection equipment (HS 7304), Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel (HS 7306) Arc welding equipment (HS 8504.32, 8515.30, 8515.90) Cylinder for lock; Building accessories (HS 8301.60) Refrigerating appliances, ice-cream appliances and ice makers; Domestic refrigerating appliances (HS 8418) Dangerous substances and mixtures (HS 2707, 2710, 3402, 3405, 3824) Israel ISR/722 12/3/2013 2/3/2014 Israel ISR/723 12/3/2013 2/3/2014 Israel ISR/724 12/3/2013 2/3/2014 Israel ISR/725 12/3/2013 2/3/2014 Israel ISR/726 12/3/2013 2/3/2014 Israel ISR/727 12/16/2013 2/16/2014 Luminaires (HS 9405) Israel ISR/728 12/16/2013 2/16/2014 Olive oil (HS 1509) Japan JPN/447 12/2/2013 2/2/2014 Chemical substances Food, beverages and other agricultural, forestry and fishery products (including processed products) other than alcoholic beverages and pharmaceuticals. Substances with probable effects on the central nervous system Japan JPN/448 12/16/2013 2/16/2014 Japan JPN/449 12/20/2013 1/18/2014 Korea, Republic of KOR/459 12/9/2013 2/9/2014 Quasi-drug Korea, Republic of KOR/460 12/18/2013 2/18/2014 Motor Vehicles and Motor Vehicle parts Korea, Republic of KOR/461 12/18/2013 2/18/2014 Quasi-drugs Lithuania LTU/22 12/11/2013 2/11/2014 Beverages Mexico MEX/245/Add.2 12/11/2013 Not given Low-pressure regulators for liquefied petroleum gas (HS 7321.11) Mexico MEX/259/Add.1 12/11/2013 Not given Dangerous goods Mexico MEX/198/Add.3 12/12/2013 Not given Toys and school items Mexico MEX/216/Add.3 12/12/2013 Not given Waste and Urban Solid Waste Mexico MEX/203/Add.3 12/13/2013 Not given Lamps Pharmaceutical products: medicine, herbal medicine, dietary products and sweeteners, and biological and galenic products (classified under Chapter 30 of the Harmonized System and of the Customs Tariff) Pharmaceutical products: medicine, herbal medicine, dietary products and sweeteners, and biological and galenic products (classified under Chapter 30 of the Harmonized System and of the Customs Tariff) Peru PER/52 11/27/2013 2/9/2014 Peru PER/53 11/27/2013 2/9/2014 Qatar QAT/318 12/6/2013 2/6/2014 Pesticide residues Saudi Arabia SAU/684 12/18/2013 2/18/2014 Trans Fatty Acids International Trade Compliance January 2014 Baker & McKenzie Country 100 Notification Date Issued Final Date for Merchandise Covered Comments Saudi Arabia SAU/685 12/18/2013 2/18/2014 Saudi Arabia SAU/686 12/18/2013 2/18/2014 Saudi Arabia SAU/687 12/19/2013 2/19/2014 Saudi Arabia SAU/688 12/19/2013 2/19/2014 Luminaires Saudi Arabia SAU/689 12/19/2013 2/19/2014 Nightlights Saudi Arabia SAU/690 12/19/2013 2/19/2014 Saudi Arabia SAU/691 12/19/2013 2/19/2014 Saudi Arabia SAU/692 12/19/2013 2/19/2014 Saudi Arabia SAU/693 12/19/2013 2/19/2014 Edison screw lamp holders Saudi Arabia SAU/694 12/19/2013 2/19/2014 Low voltage electrical installations Saudi Arabia SAU/695 12/19/2013 2/19/2014 Electrical installations in caravans and motor caravans Saudi Arabia SAU/696 12/19/2013 2/19/2014 Electrical installations of buildings Saudi Arabia SAU/697 12/19/2013 2/19/2014 Saudi Arabia SAU/698 12/19/2013 2/19/2014 Saudi Arabia SAU/699 12/20/2013 2/20/2014 Electrical installations of buildings Saudi Arabia SAU/700 12/20/2013 2/20/2014 Electrical installations of buildings Saudi Arabia SAU/701 12/20/2013 2/20/2014 Low-voltage electrical installations Saudi Arabia SAU/702 12/20/2013 2/20/2014 Low-voltage electrical installations Saudi Arabia SAU/703 12/20/2013 2/20/2014 Protection against electric shock Saudi Arabia SAU/704 12/20/2013 2/20/2014 Saudi Arabia SAU/705 12/20/2013 2/20/2014 Saudi Arabia SAU/706 12/20/2013 2/20/2014 Saudi Arabia SAU/707 12/20/2013 2/20/2014 Saudi Arabia SAU/708 12/20/2013 2/20/2014 Saudi Arabia SAU/709 12/20/2013 2/20/2014 South Africa ZAF/171 12/11/2013 2/11/2014 Luminaires (HS 9405) South Africa ZAF/172 12/11/2013 2/11/2014 Poultry meat (HS 0207) South Africa ZAF/172/Add.1 12/16/2013 Not given Poultry meat (HS 0207) International Trade Compliance January 2014 Efficiency classes of single-speed, threephase, cage-induction motors Non-ducted air conditioners and heat pumps Ducted air-conditioners and air-to-air heat pumps D.C. supplied electronic ballasts for general lighting A.C. and/or D.C. supplied electronic control gear for fluorescent lamps Electromagnetic control gear for discharge lamps (excluding fluorescent lamps) Protection against voltage disturbances and electromagnetic disturbances Measures of protection against overcurrent D.C. or A.C. supplied electronic ballasts for discharge lamps (excluding fluorescent lamps) D.C. or A.C. supplied electronic stepdown convertors for filament lamps D.C. supplied electronic ballasts for public transport lighting Ballasts for fluorescent lamps Battery supplied electronic control gear for emergency lighting (self-contained) D.C. supplied electronic ballasts for aircraft lighting Baker & McKenzie Country Notification Date Issued Final Date for Merchandise Covered Comments CHE/173 12/9/2013 1/31/2014 Biocidal products Taiwan Economy TPKM/142/Add.1 12/13/2013 Not given Pre-packaged Rice Thread Taiwan Economy TPKM/152 12/13/2013 2/13/2014 Non-wood walking sticks Taiwan Economy TPKM/153 12/16/2013 12/11/2013 Food for human consumption United Arab Emirates ARE/180 12/11/2013 2/11/2014 Trans fatty acids United Arab Emirates ARE/181 12/16/2013 2/16/2014 Halal Foods United Arab Emirates ARE/182 12/16/2013 2/16/2014 Slaughterhouses United States USA/489/Add.3 12/16/2013 Not given Infant bath seats (HS 9401.80) United States USA/539/Add.2 12/16/2013 Not given Toddler beds (HS 9404) United States USA/560/Add.1 12/16/2013 Not given Manufactured housing United States USA/564/Add.3 12/16/2013 Not given Baby cribs Switzerland United States USA/578/Add.4 12/11/2013 Not given Consumer products and commercial and industrial equipment United States USA/771/Add.1 12/12/2013 Not given Infant carriers United States USA/829/Add.2 12/11/2013 Not given Mechanically tenderized beef products United States USA/838/Add.1 12/16/2013 Not given Electric motors United States USA/859/Add.1 12/11/2013 Not given Wool products (HS 4102) United States USA/871 12/9/2013 12/6/2013 Appliances United States USA/872 12/11/2013 1/28/2014 Fuels United States USA/873 12/11/2013 2/4/2014 Commercial and industrial electric motors United States USA/874 12/16/2013 1/23/2014 General service lamps (HS 8512.90) United States USA/872/Add.1 12/19/2013 Not given Fuels United States USA/872/Corr.1 12/19/2013 Not given Fuels United States USA/875 12/19/2013 6/16/2014 Consumer antiseptics Viet Nam VNM/35 12/4/2013 2/4/2014 Iron and steelmaking technologies and equipment Viet Nam VNM/36 12/4/2013 2/4/2014 Medical devices 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. 101 International Trade Compliance January 2014 Baker & McKenzie CBP Rulings: Revocations or Modifications The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise. Published in CBP Bulletin (P) Proposed (A) Action Ruling(s) to be Modified (M) or Revoked (R) Product(s) or Issue(s) Tariff classification of a 3D Starter Pack Kit for a (A) 12-18-13 3D or 3D-Ready DLP Television Tariff classification of Amalfi Lanterns from (P) 12-18-13 India Tariff classification of certain USB flash drives Old Classification or Position New Ruling New Classification or Position NY N123038 (R) 9013.80.90 HQ H234514 9004.90.00 NY N084615 (R) 7013.99.90 HQ H097728 9405.50.40 NY N011540 (R) 8471.70.90 HQ H168206 8523.51.00 Comments Due (C) or Effective Date (E) (E) 02-17-14 (C) 01-17-14 European Classification Regulations The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update. Commission Implementing Regulation Description of the goods The article is a rectangular box made of solid paperboard with an outer surface of plastic sheeting not exceeding half of the total thickness. The box is constructed like a chest holding a single drawer which pulls away from inside the box and is designed to display a bottle when the box is opened. (EU) № 1228/2013 of 28 Nov. 2013 The drawer is made to hold a bottle of wine of specific dimensions. On the inside of the drawer a circular button is fixed to one wall and a ring-like structure is fixed to the opposite wall. The ring-like structure is designed to enclose the top of a bottle and the circular button to fit into the hollow part of the bottom of a bottle. Moreover, inside the drawer a paperboard sleeve is fixed to the side wall to hold a leaflet. See photograph which is purely for information. 102 International Trade Compliance January 2014 Classification (CN code) 4202 92 19 Reasons Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(h) to Chapter 48 and the wording of CN codes 4202, 4202 92 and 4202 92 19. Classification under heading 4819 as a box of paperboard is excluded, as the article is not just a simple box of paperboard of that heading but, due to its design, its solidity, the plastic sheeting and the internal structure to accommodate a bottle of specific dimensions, it is recognizable as a bottle-case of paperboard and sheeting of plastics, covered by the second part of the text of heading 4202. The article is therefore to be classified under CN code 4202 92 19 as a “bottle-case”. Baker & McKenzie Commission Implementing Regulation Description of the goods Article consisting of a wooden platform (measuring approximately 40 to 40 cm) covered on the upper and edges with a felt lined woven fabric of synthetic fibres (polypropylene). The fabric has a backing of cellular plastic. (EU) № 1229/2013 of 28 Nov. 2013 In the centre of the platform, there is a 60 cm high tube made of cardboard, with a cover on both ends. The cover at the bottom end is made of hard plastic, and a screw is passed through the wooden platform into that plastic cover in order to attach the platform to the tube. The cover at the top end of the tube consists of a round piece of wooden material having a diameter of approximately 12 cm and being covered with a woven pile fabric (a plush of 60% polyacryl and 40% polyester). The tube is covered with a sisal mat glued to it and fixed to it by staples. The sisal mat consists of a latex backing applied to a woven fabric of spun vegetable fibres of sisal (see photo no 668B). The spun strings of sisal fibres measure more than 20 000 decitex each. (See photographs nos. 668A and 668B) which are purely for information Classification (CN code) 6307 90 98 Reasons Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature (GIR), note 7(f) to Section XI and the wording of CN code 6307, 6307 90 and 6307 90 98. Given its objective characteristics, the article is an article for cats and is designed to attract cats and to keep them away from furniture that they would otherwise scratch and occupy. Classification as furniture under heading 9403 is excluded because that heading covers products of a different nature which are used for private dwellings, hotels, offices, schools, churches, shops, laboratories, etc. (see also the Harmonised System Explanatory Notes (HSEN) to heading 9403 of the HS). Classification as toys under heading 9503 is also excluded because the article is identifiable as intended exclusively for animals and thus not covered by that heading in accordance with note 5 to Chapter 95. The textile material is essential to attract cats (e.g. to scratch their claws on it, sit on it and play with it) and consequently essential to the use of the article as a scratching and playing facility for cats. Thus, it is the textile material (not the wood, paperboard or plastic) that gives the article its essential character within the meaning of GIR 3(b). The sisal fibres of heading 5305 have been spun 103 International Trade Compliance January 2014 Baker & McKenzie Commission Implementing Regulation Description of the goods Classification (CN code) Reasons into twine of heading 5607 within the meaning of note 3 (A) (e) to Section XI of the CN (see also the HSEN to heading 5305, first paragraph, and the distinction between yarns and twine in table I, type: of other vegetable fibres, in the HSEN to Section XI, General, (1) (B) (2)). However, the woven sisal fabric cannot be classified in heading 5609 as an article of twine, because this heading does not cover textile articles covered by a more specific heading for textile fabrics such as heading 6307 (see also the HSEN to heading 5609, first paragraph and third paragraph, point (c)). Neither the sisal mat nor the felt lined woven fabric of synthetic fibres with its backing of cellular plastic can be classified in Chapter 57 within the meaning of note 1 to that Chapter as those materials are part of a cat scratcher and do not have a furnishing purpose (see also the HSEN to Chapter 57, General, first paragraph) 668A Consequently, a made-up article consisting of woven sisal fabric, woven pile fabric, and felt lined woven fabric of synthetic fibres, should be classified under heading 6307. The article should therefore be classified under CN code 6307 90 98 as “other made-up textile articles”. 668B The product is put up for retail sale in tablet form with a total weight of ca. 900 mg each, one tablet consisting of (mg): 3004 90 00 — alpha-lipoic acid 300, Although the product is presented as a food supplement, it has effects in the field of the prevention or treatment of diseases or ailments. Its classification under heading 2106 as a food preparation not elsewhere specified or included is therefore excluded (see also Harmonized System Explanatory Notes to heading 2106, point (16)). — calcium (as dibasic calcium phosphate) 88,5, (EU) № 1230/2013 of 28 Nov. 2013 — microcrystalline cellulose, hydroxypropyl ethylcellulose, colloidal silicon dioxide and magnesium stearate ca. 511. The product is put up for retail sale in measured doses and exhibits clearly defined prophylactic or therapeutic properties, e.g. against polyneuropathy. According to the label, the product is presented as a food supplement for human consumption. The recommended daily dose indicated on the label is one tablet per day. (EU) № 1231/2013 of 28 Nov. 2013 104 Treated distillate aromatic extract (TDAE) having the following physico- International Trade Compliance January 2014 Classification is determined by the General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3004 and 3004 90 00. It is therefore to be classified as a medicament put up in measured doses for retail sale of heading 3004. 2707 99 99 Classification is determined by the General Rules 1, and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes Baker & McKenzie Commission Implementing Regulation Description of the goods Classification (CN code) Reasons chemical properties: 2707, 2707 99 and 2707 99 99. — content of aromatic constituents between 74,2 % and 75 % by weight, as determined by the chromatography column process described in Annex A to Chapter 27 of the Explanatory Notes to the Combined Nomenclature (CNEN); As the product has not been directly obtained by distillation or refining of crude petroleum oils or of crude oils obtained from bituminous materials and the weight of the aromatic constituents in the product exceeds that of the non-aromatic constituents, classification under heading 2710 as petroleum oils and oils obtained from bituminous minerals, other than crude, preparations not elsewhere specified or included containing by weight 70 % or more of petroleum oils and oils obtained from bituminous minerals or waste oils is excluded (see Note 2 to Chapter 27). — density at 15 °C between 0,9521 and 0,9590 g/cm 3 ; — not more than 4 % by volume distils up to 300 °C, as determined by the ASTM D 86-67 (EN ISO 3405) method. As the product has not been directly obtained from petroleum, petroleum oils or from oils of bituminous minerals and the content of aromatic constituents in the product is less than 80 %, classification under heading 2713 as petroleum coke, petroleum bitumen or other residues therefrom is excluded (see also the Explanatory Notes to the Combined nomenclature (CNEN) to subheadings 2713 90 10 and 2713 90 90). TDAE is an extract that is the result of the refining of lubricants from vacuum distillation residues. The aromatic constituents are produced as by- products in the refining of lubricating oil base stocks and waxes. The product is an aromatic extract obtained by the refining of lubricants from vacuum distillation residues. Due to its content of aromatic constituents, it belongs to the category of oils or similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents (see also the CNEN to subheadings 2707 99 91 and 2707 99 99, item 2). The product is used as plasticizer for non- vulcanised rubber compounds that constitute raw materials in the manufacture of tyres and other vulcanised rubber products. It is therefore to be classified under CN code 2707 99 99. A non-alcoholic beverage ready for immediate consumption consisting of (% by weight): (EU) № 1232/2013 of 28 Nov. 2013 Peach puree 31 Carrot juice concentrate 28 Apple juice concentrate 12 Pear puree 7 Pineapple juice concentrate 7 Grape juice concentrate 4 Pear juice concentrate 3 2202 90 10 Classification is determined by the General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Chapter 22 and the wording of CN codes 2202, 2202 90 and 2202 90 10. As the product is obtained from a mixture of several fruit juice concentrates and a vegetable juice concentrate with the addition of fruit purees, the product has lost the original character of a fruit juice of heading 2009 (see also the Harmonized System Explanatory Notes to heading 2009). The product is presented as a non- alcoholic beverage consisting of fruit juice concentrates, a vegetable juice concentrate and fruit purees. and orange pulp, acerola cherry puree concentrate, apple fibre and lemon juice concentrate. The product is therefore to be classified under CN code 2202 90 10. The ingredients of this product are pasteurised and filled in small containers (100 ml) for retail sale. (EU) No 1405/2013 A product with the following composition: of 20 Dec.2013 105 International Trade Compliance January 2014 2207 20 00 Classification is determined by the General Rules 1, 3(b) and 6 for the interpretation of the Com- Baker & McKenzie Commission Implementing Regulation Description of the goods Classification (CN code) — 90,0 to 99,9 % by weight of ethyl alcohol (anti-freeze agent); — Additives (denaturation agents): — 20 mg/litre pure alcohol of denatonium benzoate, — 5 ml/litre pure alcohol of isopropyl alcohol, and — either 5 ml/litre pure alcohol of butyl alcohol or 10 ml/litre pure alcohol of methyl ethyl ketone; — 1 g/litre pure alcohol of surface active agent. The addition of denatonium benzoate, isopropyl alcohol, and butyl alcohol or methyl ethyl ketone renders the product unfit for human consumption. The product is transported in tanks or cisterns. No packaging is available for retail sale. According to the accompanying documents, the product is a concentrate for the production of anti-freezing fluid. Reasons bined Nomenclature and the wording of CN codes 2207 and 2207 20 00. Due to its high ethyl alcohol contents, the product is not suitable to be directly used as an antifreezing fluid, since it needs to be diluted with water in order to minimize the adverse chemical reaction with the elastomers which are in contact with the circulating anti-freezing fluid. The product can therefore not be used as an anti-freezing or de-icing fluid of heading 3820. Classification under heading 3820 is therefore excluded. Given its objective characteristics, namely the high proportion of ethyl alcohol and the presence of various denaturing agents (denatonium benzoate, isopropyl alcohol, butyl alcohol, methyl ethyl ketone), as well as the absence of antifreeze agents other than ethyl alcohol, the essential character of the product is given by the denatured alcohol. The product is therefore to be classified as denatured ethyl alcohol of CN code 2207 20 00. Amendments to the CN Explanatory Notes The table below shows amendments to the explanatory notes to the Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this International Trade Compliance Update. Official Journal CN code or page 03-12-13 2711 (p. 125) (2013/C 353/04) 19-12-13 1602 (p. 74) (2013/C 372/04) 31-12-13 9705 (p. 397) (2013/C 382/04) Description of Articles New text is added after 2711 ‘Petroleum gases and other gaseous hydrocarbons’ : 2711 19 00 and 2711 29 00 Insert new text between heading 1602 and subheading 1602 10 00 related to seasoned poultry The Explanatory note to subheading 9705 00 00 is deleted. 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. 106 International Trade Compliance January 2014 Baker & McKenzie Inv. № Commodity 337–TA–739 337–TA–841 Certain ground fault circuit interrupters and products containing same Certain computers and computer peripheral devices, and components thereof, and products containing same 337–TA–847 Certain mobile phones and tablet computers, and components thereof 337–TA–850 Certain electronic imaging devices 337–TA–860 337–TA–863 337–TA–878 337–TA–879 337–TA–885 Certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same Certain paper shredders, certain processes for manufacturing or relating to same and certain products containing same and certain parts thereof Certain electronic devices having placeshifting or display replication functionality and products containing same Certain sleep-disordered breathing treatment systems and components thereof Certain portable electronic communications devices, including mobile phones and components thereof 337–TA–890 Certain sleep-disordered breathing treatment systems and components thereof 337–TA–891 Certain laundry and household cleaning products and related packaging 337–TA–894 Certain tires and products containing same 337–TA–895 Certain multiple mode outdoor grills and parts thereof 337–TA–903 Certain antivenom compositions and products containing the same Action (Enforcement Proceeding) Final Commission determination; issuance of cease and desist orders; termination of the investigation Commission determination terminating the investigation with a finding of no violation of section 337 Commission determination to review in part a final initial determination finding a violation of section 337; schedule for briefing on the issues under review and on remedy, the public interest, and bonding Notice of Commission determination to review-in-part a final determination Notice of request for statements on the public interest Commission determination not to review an initial determination terminating the investigation based on a settlement agreement, consent order, and withdrawal of the complaint; termination of investigation Issuance of a limited exclusion order and cease and desist orders against respondents found in default; termination of investigation Institution of an advisory opinion proceeding Commission determination not to review an initial determination granting Google, Inc.’s motion to intervene Commission determination not to review an initial determination granting an unopposed motion of complainants Resmed Corp., Resmed Inc., and Resmed Ltd. to amend the complaint Commission determination not to review an initial determination granting a joint motion to terminate the investigation in its entirety; termination of investigation Commission determination not to review an initial determination granting-in-part complainants’ motion to amend the complaint and notice of investigation to add respondents Commission determination not to review an initial determination granting complainant’s motion to amend the complaint and notice of investigation Institution of an investigation based on a complaint filed by BTG International alleging patent infringement In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging violations of §337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints: Ref. № DN 2990 DN 2991 DN 2993 DN 2994 107 Commodity Certain acousto-magnetic electronic article surveillance systems, components thereof, and products containing same Certain wireless devices, including mobile phones and tablets II Certain vision-based driver assistance system cameras and components thereof Certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and International Trade Compliance January 2014 Complaint filed on behalf of: Tyco Fire & Security GmbH, Sensormatic Electronics, LLC and Tyco Integrated Security, LLC Pragmatus Mobile, LLC Magna Electronics Inc. Tela Innovations, Inc. Baker & McKenzie Ref. № Commodity Complaint filed on behalf of: products containing such integrated circuits DN 2995 Certain soft-edged trampolines and components thereof Springfree Trampoline, Inc., Springfree Trampoline USA, Inc. and Spring Free Limited Partnership 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) Inv. № Merchandise/Country Certain stilbenic optical brightening agents from Taiwan A–469–814 Chlorinated isocyanurates from Spain A–583–848 A–549–821 Polyethylene retail carrier bags from Thailand Certain frozen warmwater shrimp from Vietnam Non-malleable cast iron pipe fittings from ChiA–570–875 na Countervailing duty investigation of chlorinated A–570–991 isocyanurates from China A–552–802 A–570–890 Wooden bedroom furniture from China A–570–910 C–570–911 A–570–983 A–570–943 A–570–933 A–821–808 A–570–998 A–570–836 Circular welded carbon-quality steel pipe from China Circular welded carbon-quality steel pipe from China Drawn stainless steel sinks from China Certain oil country tubular goods from China Frontseating service valves from China Certain cut-to-length carbon steel plate from the Russian Federation 1,1,1,2-Tetrafluoroethane from China Glycine from China C–489–819 Steel concrete reinforcing bar from Turkey C–570–999 1,1,1,2-Tetrafluoroethane from China C–570–993, Monosodium glutamate from China and IndoC–560–827 nesia C–570–995 Grain-oriented electrical steel from China 108 International Trade Compliance January 2014 Action Rescission of ADD administrative review; 2011-2013 Final results of ADD administrative review; 2011-2012 Notice of court decision not in harmony with final results of administrative review and notice of amended final results of administrative review; 2009-2010 Rescission of ADD new shipper review Final results of the expedited second sunset review of the ADD order Postponement of preliminary determination 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 Continuation of ADD order Continuation of CVD order Initiation of new shipper review Rescission of ADD administrative review; 2012-2013 Final results of ADD administrative review; 2011-2012 Suspension agreement; final results of ADD administrative review Initiation of ADD investigation Final rescission of ADD new shipper review; 2012 Postponement of preliminary determination in the CVD investigation Initiation of CVD investigation Postponement of preliminary determination in the CVD investigations Postponement of preliminary determination in the CVD investigation Baker & McKenzie United States Department of Commerce, International Trade Administration (ITA) Inv. № Merchandise/Country A–201–837 Certain magnesia carbon bricks from Mexico Prestressed concrete steel rail tie wire from A–201–843 Mexico Prestressed concrete steel rail tie wire from A–570–990 China Prestressed concrete steel rail tie wire from A–549–829 Thailand A–588–804 Ball bearings and parts thereof from Japan A–412–801 and the UK A–570–893 Certain frozen warmwater shrimp from China Certain cut-to-length carbon steel plate from A–570–849 China A–570–886 Polyethylene retail carrier bags from China Rescission of ADD administrative review Preliminary determination of sales at LTFV and postponement of final determination Preliminary determination of sales at LTFV and postponement of final determination Preliminary determination of sales at LTFV and postponement of final determination Notice of reinstatement of ADD orders, resumption of administrative reviews, and advance notification of sunset reviews Notice of final reconsideration of changed circumstances review Final results and final no shipments determination of ADD administrative review; 2011-2012 Affirmative preliminary determination of circumvention of the ADD order C–570–997 Non-oriented electrical steel from China, S. C–580–873 Korea, and Taiwan C–583–852 Postponement of preliminary determinations in the CVD investigations C–533–856 Steel threaded rod from India Preliminary affirmative CVD determination and alignment of final determination with final AD determination Certain new pneumatic off-the-road tires from China Diamond sawblades and parts thereof from A–570–900 China C–570–913 C–533–858 Certain oil country tubular goods from India C–489–817 Certain oil country tubular goods from Turkey A–570–904 Certain activated carbon from China A–570–922 A–583–842 C–570–923 A–821–820 A–307–824 Raw flexible magnets from China and Taiwan Raw flexible magnets from China Ferrosilicon from the Russian Federation and Venezuela Polyethylene terephthalate film, sheet, and A–520–803 strip from the United Arab Emirates A–427–818 Low enriched uranium from France A–570–831 Fresh garlic from China A–201–838 A–570–836 A–570–924 A–428–840 A–580–809 A–570–941 A–570–912 109 Action Seamless refined copper pipe and tube from Mexico Glycine from China Polyethylene terephthalate film, sheet, and strip from China Lightweight thermal paper from Germany Circular welded non-alloy steel pipe from S. Korea Certain kitchen appliance shelving and racks from China Certain new pneumatic off-the-road tires from China International Trade Compliance January 2014 Final results of the expedited sunset review of the CVD order Preliminary results of ADD administrative review; 2011–2012 Preliminary affirmative CVD determination and alignment of final determination with final AD determination Preliminary negative CVD determination and alignment of final determination with final AD determination 2012-2013; partial rescission of the sixth ADD administrative review Final results of the expedited sunset reviews of the ADD orders Final results of expedited sunset review Postponement of preliminary determinations of ADD investigations Preliminary results of ADD administrative review; 2011-2012 Continuation of ADD order Preliminary results and partial rescission of the 18th ADD administrative review; 2011-2012 Preliminary results of ADD administrative review; 2011-2012 Preliminary results of ADD administrative review; 2012–2013 Preliminary results of ADD administrative review; 2011–2012 Preliminary results of ADD administrative review; 2011–2012 Preliminary results and partial rescission of ADD administrative review; 2011–2012 Rescission of ADD administrative review; 2012-2013 Initiation and preliminary results of ADD changed circumstances review Baker & McKenzie United States Department of Commerce, International Trade Administration (ITA) Inv. № A–421–811 A–570–924 A–201–805 A–423–808 A–489–501 A–588–845 Merchandise/Country Purified carboxymethylcellulose from the Netherlands Polyethylene terephthalate film, sheet, and strip from China Certain circular welded non-alloy steel pipe from Mexico Stainless steel plate in coils from Belgium Welded carbon steel standard pipe and tube products from Turkey Stainless steel sheet and strip in coils from Japan A–549–831 Steel threaded rod from Thailand Action Final results of ADD administrative review and final no shipment determination; 2011-2012 Initiation of ADD new shipper review Final results of the 2011-2012 ADD administrative review Final results of ADD administrative review; 2011-2012 final results of ADD administrative review; 2011-2012 Initiation of expedited changed circumstances review, and preliminary results of changed circumstances review Preliminary determination of sales at LTFV and affirmative preliminary determination of critical circumstances United States International Trade Commission (USITC) Inv. № 701–TA–455 731–TA–1149 731–TA–1092 701–TA–448 731–TA–1117 701–TA–452 731–TA–1129-1130 701–TA–506-508 731–TA–1238-1243 701–TA–449 731–TA–1118-1121 731–TA–1206 731–TA–909 701–TA–503-504 731–TA–1229-1230 701–TA–417 731–TA–953, 957– 959, 961, and 962 731–TA–991 701–TA–509 110 Merchandise/Country Action Circular welded carbon quality steel (Review) Institution of five-year reviews line pipe from China Diamond sawblades and parts there(Review) Institution of five-year review of from China (Review) Scheduling of an expedited five-year review of AD and Certain off-the-road tires from China CVD orders Raw flexible magnets from China and (Review) Scheduling of expedited five-year reviews concerning the Taiwan CVD order (China) and the ADD orders (Preliminary) Determinations that there is a reasonable indication Non-oriented electrical steel from that an industry in the United States is materially injured by reason of imports from all six countries that are alleged to be sold at China, Germany, Japan, Korea, LTFV, and by reason of imports l that are allegedly subsidized by Sweden, and Taiwan the Governments of China, Korea, and Taiwan Light-walled rectangular pipe and (Review) Scheduling of full five-year reviews concerning the CVD tube from China, Korea, Mexico, and order (China) and the ADD orders (China, Korea, Mexico, and Turkey Turkey) Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Ja(Final) Scheduling of the final phase of an ADD investigation pan (Second Review) Determination that revocation of the ADD order Low enriched uranium from would be likely to lead to continuation or recurrence of material France injury to an industry in the United States within a reasonably foreseeable time (Preliminary) Determinations that there is a reasonable indication Monosodium glutamate from China that an industry in the United States is materially injured by reason of imports that are alleged to be sold in the United States at LTFV and Indonesia and subsidized by the Governments of China and Indonesia. Carbon and certain alloy steel wire (Second Review) Scheduling of full five-year reviews concerning rod from Brazil, Indonesia, Mexico, the CVD order (Brazil) and the ADD orders (Brazil, Indonesia, Moldova, Trinidad and Tobago, and Mexico, Moldova, Trinidad and Tobago, and Ukraine) Ukraine (Second Review) Scheduling of a full five-year review concerning Silicon metal from Russia ADD order 1,1,1,2-Tetrafluoroethane from China (Preliminary) Determinations that there is a reasonable indication International Trade Compliance January 2014 Baker & McKenzie United States International Trade Commission (USITC) Inv. № 731–TA–1244 701–TA–490 731–TA–1204 701–TA–510 731–TA–1245 731–TA–1114 701–TA–509 731–TA–1244 Merchandise/Country Action that an industry in the United States is materially injured by reason of imports that are alleged to be sold in the United States at LTFV, and that are allegedly subsidized by China (Final) Determinations that an industry in the United States is not materially injured or threatened with material injury, and the estabHardwood plywood from China lishment of an industry in the United States is not materially retarded, by reason of imports that are subsidized and sold in the United States at LTFV (Preliminary) Institution of AD and CVD investigations and schedCalcium hypochlorite from China uling of preliminary phase investigations (Review) Determination that revocation of the ADD order would be Steel nails from China likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. (Preliminary) Determinations that there is a reasonable indication that an industry in the United States is materially injured by reason 1,1,1,2-Tetrafluoroethane from China of imports that are alleged to be sold in the United States at LTFV, and that are allegedly subsidized by the Government of China. Canadian International Trade Tribunal (CITT) Ref. Number NQ-2013-003 NQ-2013-004 RR-2013-001 Merchandise/Country Certain silicon metal from China Action Reasons issued for finding that the dumping and subsidizing of the aforementioned goods have not caused injury but are threatening to cause injury to the domestic industry Dumping of circular copper tube originating in or exported from Brazil, Greece, China, S. Korea and Findings that the dumping and the subsidizing have Mexico; Subsidizing of circular copper tube originat- caused injury. ing in or exported from China Structural tubing originating in or exported from S. Expiry review: orders and reasons issued Korea, South Africa and Turkey Canada Border Services Agency (CBSA) Ref. Number Merchandise/Country 4214-32 AD/1392 Certain stainless steel sinks originating in or ex4218-31 CV/129 ported from China Dumping: Certain copper tube originating in or ex4214-40 AD/1401 ported from Brazil, Greece, China, S. Korea and 4218-38 CV/137 Mexico; Subsidizing: Certain copper tube originating in or exported from China 4214-24 AD/1383 Mattress innerspring units from China Dumping and subsidizing: Certain thermoelectric RR-2012-004 containers, excluding liquid dispensers, originating in or exported from China. 4214-28 AD/1387 Greenhouse bell peppers from the Netherlands 111 International Trade Compliance January 2014 Action Notice of re-investigation Statement of reasons Notice of conclusion of re-investigation Order and reasons issued Notice of conclusion of re-investigation Baker & McKenzie NAFTA Panels Ref. № MEX-USA-2011-1904-01 Merchandise/Country Action Certain types of stearic acid originating in the United States, regardless of the country of origin Notice of completion of panel review of the Final Determination of validity exam and review of office of the antidumping duties Mexico - Ministry of Economy Ref. № 12/08 Merchandise/Country Cold rolled sheet exported from S. Korea, regardless of the country of origin Action Resolution accepting the commitments of Posco and Hyundai Hysco Co. Ltd. exporters and suspends the process of the AD investigation Notice of Mexican Antidumping Cases That Will Expire in 2014 Date of DOF Notice April 22, 2014 7612.10.01 Venezuela May 14, 2014 April 3, 2014 7209.16.01 Russia and Kazakhstan 7209.17.01 June 30, 2014 May 26, 2014 2835.39.02 China August 4, 2014 June 30, 2014 7307.93.01 China 7317.00.99 China August 5, 2014 November 30, 2014 July 1, 2014 October 24, 2014 Product Tariff Plastic Sprayers Flexible tubular containers of aluminum 19 Dec. ‘13 9616.10.01 China Deadline to Receive the Representation of Interest March 13, 2014 Cold Rolled Steel Sheet Hexametaphosphate sodium Carbon steel connections Steel concrete nails Country Of Origin Last Day of the AD Term European Union Ref. Number Merchandise/Country Certain seamless pipes and tubes of iron or steel originating in Ukraine Crystalline silicon photovoltaic modules and (EU) No 1238/2013 key components (i.e. cells) originating in or consigned from China Crystalline silicon photovoltaic modules and (EU) No 1239/2013 key components (i.e. cells) originating in or consigned from China 2013/C 353/07 2013/707/EU Crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China Certain filament glass fibre products originating in China Tube and pipe fittings of iron or steel originating in or exported from China and Thailand 2013/C 366/09 extended to Taiwan, Indonesia, Sri Lanka and Philippines Certain iron or steel ropes and cables originat(EU) No 1342/2013 ing in the Russian Federation (EU) No 1343/2013 Peroxosulphates (persulphates) originating in 2013/C 362/05 112 International Trade Compliance January 2014 Action Notice concerning the AD measures in force: modification of the name of a company subject to individual ADD Council Implementing Regulation imposing a definitive ADD and collecting definitively the provisional duty imposed Council Implementing Regulation imposing a definitive CVD Commission Implementing Decision confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings for the period of application of definitive measures Notice of initiation of an anti-subsidy proceeding Notice of the impending expiry of certain AD measures Council Implementing Regulation repealing the AD measures following an expiry review Council Implementing Regulation imposing a definitive Baker & McKenzie European Union Ref. Number Merchandise/Country Action China ADD Commission Regulation initiating an investigation concerning the possible circumvention of anti-dumping measures Certain open mesh fabrics of glass fibres orig- imposed by Council Implementing Regulation (EU) No (EU) No 1356/2013 inating in China 791/2011 by imports of certain slightly modified open mesh fabrics of glass fibres originating in China, and making such imports subject to registration Certain filament glass fibre products originat- Notice of initiation of a partial interim review of the AD 2013/C 371/07 ing in China measures Certain welded tubes and pipes of iron or non2013/C 372/10 alloy steel originating in Belarus, China, Rus- Notice of initiation of an expiry review of the AD measures sia and Ukraine Certain welded tubes and pipes of iron or non2013/C 372/11 Notice of the expiry on 20-12-13 of certain AD measures alloy steel originating in Thailand Polyester staple fibres originating in China, 2013/C 372/12 Notice of initiation of an anti-subsidy proceeding India and Vietnam 2013/C 373/11 Synthetic fibre ropes originating in India Notice of the expiry on 23.12.2013 of certain AD measures Council Implementing Regulation extending the definitive ADD imposed by Implementing Regulation (EU) No Certain open mesh fabrics of glass fibres orig(EU) No 1371/2013 791/2011 to imports consigned from India and Indonesia, inating in China whether declared as originating in India and Indonesia or not Corrigendum to Council Regulation imposing a definitive ADD following a proceeding pursuant to Article 5 of Regulation (EC) No 384/96, originating in Thailand following an Certain welded tubes and pipes of iron or nonexpiry review, originating in Ukraine following an expiry (EC) No 1256/2008 alloy steel originating in Belarus, China and review and an interim review, and terminating the proceedRussia ings in respect of imports of the same product originating in Bosnia and Herzegovina and Turkey (OJ L 343, 19.12.2008, p. 1) Australian Customs and Border Protection Service ADN № 2013/95 2013/97 Wind towers exported from China and S. Korea Tubeless steel demountable rims exported from China 2013/99 Wind towers exported from China and S.Korea 2013/100 various Zinc coated (galvanised) steel and Aluminium zinc coated steel Exported from China Prepared or preserved peach products exported from South Africa Prepared or preserved tomatoes exported from Italy Zinc coated (galvanised) steel and aluminium zinc coated steel exported from China Power transformers exported from China, Indonesia, S. Korea, Taiwan, Thailand and Vietnam 2013/101 2013/102 2013/103 2013/104 2013/106 113 Merchandise/Country International Trade Compliance January 2014 Action Preliminary affirmative determination and imposition of securities Expiration of AD measures Extension of time granted to issue the statement of essential facts Status report at 30 November 2013 Termination of accelerated reviews for exports by South Polar Lights Steel (Shanghai) Co., Ltd Termination of Investigation Further extension of time granted to issue the statement of essential facts Statement of essential facts to be published as soon as practicable Revision of level of securities Baker & McKenzie China Ministry of Commerce (MOFCOM) Ref. № 85, 2013 Merchandise/Country Automobiles and SUVs from the US Action Termination of ADD/CVD investigation Government of India Ministry of Finance (Department of Revenue) Reference Merchandise/Country Polypropylene originating in, or exported from, Oman, Saudi Arabia and Singapore Seamless pipes, tubes and hollow 132/2013-Cus.(NT) profiles of iron or non-alloy steel 32/2013 (ADD) 33/2013 (ADD) Phosphoric acid from China 34/2013 (ADD) Recordable Digital Versatile Disc (DVD) of all kinds originating in or exported from Vietnam Action Revokes the duty imposed on imports of the subject goods originating in or exported from Oman, and for that purpose amends the Table to the said notification Extends the period up to 21st March, 2014 for submission of final findings on safeguard investigation Continued imposition of definitive anti-dumping duty on modified rates Enhancement in the quantum of anti-dumping duty Brazil Ministry of Development, Industry and Trade Reference SECEX Cir. № 75 SECEX Cir. № 76 SECEX Cir. № 77 CAMEX Res. № 106 CAMEX Res. № 107 CAMEX Res. № 114 CAMEX Res. № 115 CAMEX Res. № 116 CAMEX Res. № 117 SECEX Cir. № 78 CAMEX Res. № 122 CAMEX Res. № 123 CAMEX Res. № 124 114 Merchandise/Country Adipic acid from Germany, USA, France, Italy and China Biaxially oriented polypropylene film (BOPP) without graphic printing from Argentina, Chile, Peru, Colombia, India and Chinese Taipei Pencil resin from China New pneumatic rubber, diagonal, of a kind used on motorcycles, from Thailand, China, and Vietnam Basic refractory magnesia originating in China and Mexico. New rubber tires for passenger cars originating in China Polycarbonate resin in powder forms, flake, granule or pellet, with melt flow index . between 1 and 59.9 g/10 min, from Thailand Viscose fibers length of 32 mm to 120 mm from Austria , Indonesia, China, Thailand and Chinese Taipei Flat-rolled products of stainless steel originating in Germany, China, South Korea, Finland, Chinese Taipei and Vietnam Grooved copper tubes originating in Mexico and China Indigo blue reduction from Germany. indigo blue reduction from China and Singapore. Nylon threads originating in China, S. Korea, Thailand and Chinese Taipei International Trade Compliance January 2014 Action Commencement of investigation to determine the existence of dumping Commencement of investigation to determine the existence of dumping Investigation terminated at the request of the petitioner Applies ADD for a period of five (5) years Applies ADD for a period of five (5) years Amending Annex I to CAMEX Res. № 56, 24-07-13 Suspends for a period of one year, the levying of ADD imposed by Resolution CAMEX No. 43 of June 19, 2013 Suspends until April 8, 2014, the levying of ADD imposed by Resolution CAMEX No. 20 of 8 April 2009 Denies request to suspend the ADD Commencement of investigation to determine the existence of dumping Extending the definitive ADD for a period of five (5) years Applies ADD for a period of five (5) years Applies ADD for a period of five (5) years 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] Opportunity to Request Administrative Review In a December 3, 2013 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 December anniversary dates: AD/CVD Proceedings - Country/ Merchandise Case No. Antidumping Duty Proceedings Brazil: Carbon Steel Butt-Weld Pipe Fittings A–351–602 Chile: Certain Preserved Mushrooms A–337–804 India: Carbozole Violet Pigment 23 A–533–838 Certain Hot-Rolled Carbon Steel Flat Products A–533–820 Commodity Matchbooks A–533–848 Stainless Steel Wire Rod A–533–808 Indonesia: Certain Hot-Rolled Carbon Steel Flat Products A–560–812 Japan: P.C. Steel Wire Strand A–588–068 Welded Large Diameter Line Pipe A–588–857 S. Korea: Welded Astm A–312 Stainless Steel Pipe A–580–810 SR of Vietnam: Uncovered Innerspring Units A–552–803 South Africa: Uncovered Innerspring Units A–791–821 Taiwan: Carbon Steel Butt-Weld Pipe Fittings A–583–605 Steel Wire Garment Hangers A–583–849 Welded Astm A–312 Stainless Steel Pipe A–583–815 The PR of China: Carbazole Violet Pigment 23 A–570–892 Cased Pencils A–570–827 Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules A–570–979 Hand Trucks and Parts Thereof . A–570–891 Honey A–570–863 Malleable Cast Iron Pipe Fittings A–570–881 Multilayered Wood Flooring A–570–970 Porcelain-On-Steel Cooking Ware A–570–506 Silicomanganese A–570–828 Countervailing Duty Proceedings India: Carbozole Violet Pigment 23 C–533–839 Certain Hot-Rolled Carbon Steel Flat Products C–533–821 Commodity Matchbooks C–533–849 Indonesia: Certain Hot-Rolled Carbon Steel Flat Products C–560–813 Thailand: Certain Hot-Rolled Carbon Steel Flat Products C–549–818 The PR of China: Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled into Modules C–570–980 Multilayered Wood Flooring C–570–971 Suspension Agreements None. Period 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 8/2/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 5/25/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 12/1/12–11/30/13 1/1/12–12/31/12 1/1/13–12/31/13 1/1/12–12/31/12 1/1/13–12/31/13 1/1/12–12/31/12 3/26/12–12/31/12 1/1/12—12/31/12 Anti-corruption Requested Reviews Maria I. McMahon Washington, D.C., USA +1 (202) 452-7058 In a December 3, 2013 Federal Register notice, the US Department of Commerce announced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with October anniversary dates. See actual notices for companies requesting review: [email protected] 115 International Trade Compliance January 2014 Baker & McKenzie AD/CVD Proceedings - Country/ Merchandise Case No. Period Antidumping duty proceedings Mexico: Carbon and Certain Alloy Steel Wire Rod A–201–830 The PR of China: Helical Spring Lock Washers A–570–822 Steel Wire Garment Hangers A–570–918 Countervailing Duty Proceedings: The PR of China: Certain Magnesia Carbon Bricks C–570–955 Suspension Agreements No suspension agreements 10/1/12–9/30/13 10/1/12–9/30/13 10/1/12–9/30/13 1/1/12—12/31/12 In a December 30, 2013 Federal Register notice, the US Department of Commerce announced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with November anniversary dates. See actual notices for companies requesting review: AD/CVD Proceedings - Country/ Merchandise Case No. Antidumping duty proceedings Brazil: Polyethylene Terephthalate (PET) Film A-351-841 Germany: Lightweight Thermal Paper A-428-840 Mexico: Certain Circular Welded Non-Alloy Steel Pipe A-201-805 Seamless Refined Copper Pipe and Tube A-201-838 S. Korea: Certain Circular Welded Non-Alloy Steel Pipe A-580-809 PR of China: Certain Cut-to-Length Carbon Steel Plate A-570-849 Certain Hot-Rolled Carbon Steel Flat Products A-570-865 Diamond Sawblades and Parts Thereof A-570-900 Fresh Garlic A-570-831 Lightweight Thermal Paper A-570-920 Polyethylene Terephthalate (PET) Film A-570-924 Seamless Refined Copper Pipe and Tube A-570-964 United Arab Emirates: Polyethylene Terephthalate (PET) Film A-520-803 Countervailing Duty Proceedings: Indonesia: Coated Paper Suitable For High-Quality Print Graphic Using Sheet-Fed Presses C-560-824 PR of China: Coated Paper Suitable For High-Quality Print Graphic Using Sheet-Fed Presses C-570-959 Lightweight Thermal Paper C-570-921 No suspension agreements Period 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 11/1/12 - 10/31/13 1/1/12 - 12/31/12 1/1/12 - 12/31/12 1/1/12 - 12/31/12 Initiation of Sunset Reviews In a December 2, 2013, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and countervailing duty orders listed below. DOC AD/CVD Case No. ITC Case No. Country A–570–935 731–TA–1149 China A–570–900 731–TA–1092 China C–570–936 701–TA–455 China 116 International Trade Compliance January 2014 Merchandise Circular Welded Carbon Quality Steel Line Pipe st (1 Review). Diamond Sawblades (1st Review) Circular Welded Carbon Quality Steel Line Pipe st (1 Review). Baker & McKenzie Advance Notification of Sunset Reviews In a December 3, 2013, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year (“Sunset”) reviews for January 2014. AD/CVD Proceedings - Merchandise/Country Case No. st Small Diameter Graphite Electrodes from China A-570-929 (1 Review) No Sunset Review of countervailing duty orders is scheduled for initiation in January 2014 No Sunset Review of suspended investigations is scheduled for initiation in January 2014 ©2013 Baker & McKenzie. All rights reserved. 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