Agenda_WP328773_VReynolds_London_w table

Transcription

International Trade Compliance
(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
Newsletter
February 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.
t
In This Issue:
2014 International Trade Compliance Webinar Series
United Nations
Global Trade and the Global Supply Chain: Key Issues for 2014
World Trade Organization (WTO)
World Customs Organization (WCO)
Other International Matters
The Americas - Central America
The Americas - North America
The Americas - South America
Asia-Pacific
Europe
Newsletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc.
WTO TBT Notifications
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifications
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.
Join us for our 2014 International Trade Compliance Webinar Series. Our focus
this year is on “Global Trade and the Global Supply Chain: Key Issues for 2014.”
We expect this year to be an exciting year, with many developments on the trade
regulation side. Our series started in January with a discussion of FCPA enforcement trends, compliance practices and management of third parties. We will also
conduct several webinar sessions that will focus on voluntary self disclosures in
the export context and country of origin, valuation and used goods in the Customs
context. We will also have sessions on major trade agreements and new environmental obstacles for placing products in EU, Russian/CIS and Asian markets.
Terrie Gleason of our Washington DC office, Co-Chair of the Global Customs
Practice, will moderate these webinars (unless otherwise noted).
The next webinar is:
•
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)
For a complete list of remaining webinars, please go to page 71.
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.
If you miss any of the webinars or wish to have copies of the presentation, they
will be posted approximately 2-4 weeks after the webinar is given and can be
viewed by clicking on the blue titles on the above page.
We hope you will participate in and enjoy this webinar series! If you have any
questions regarding this webinar series, please contact: Sal Gonzalez, Marketing
Coordinator, Tel: +1 202 835 1661
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.
Baker & McKenzie
EU Anti-Bribery, Trade and Customs Webinar Series 2014
Our EU Compliance, International Trade and Customs Groups are bringing together their considerable local knowledge and on the ground experience to deliver their third webinar series. This year’s series will cover a range of customs, export control, trade sanctions and anti-bribery and corruption topics.
Our first webinar will be on Thursday 27 February 2014 on the topic of “Union
Customs Code: What to expect from the draft Implementing Provisions and
how to take part in the negotiations”. We are delighted that Jim Repper, HM
Revenue & Customs Policy Advisor working within the UCC Negotiations Team,
will be joining us for this very topical session. Companies will be provided with a
unique insight into the expected changes to the customs rules which will take
place from 2016 and into how they can participate in the current legislative review
and negotiation process.
All webinars will begin at 16.00 (GMT) on each of the dates listed below and are
scheduled to run for 90 minutes. Our panel of speakers will provide a practical
overview of each of the topics listed below, using both examples of recent cases
and case studies. Our panel of speakers and moderators will comprise leading
international trade experts from various EMEA locations including: Alexander Bychkov (Moscow), Ross Denton (London), Jasper Helder (Amsterdam), Nicole
Looks (Frankfurt), Sunny Mann (London), Jennifer Revis (London).
Please see page 72 for the full schedule of webinars.
Our complimentary webinar series is aimed at in-house legal counsel and compliance managers, ranging from those who are new to the areas concerned, through
to experienced practitioners who want to refresh their knowledge and learn more
about customs regulations and compliance.
Participants can register for one or more of these webinars. We hope that you will
be able to join us for what should be an interesting and fruitful series.
For more information, please contact: Abby Gale Zipagan, Business Development
Coordinator +63 2 819 4277
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
2
International Trade Compliance February 2014
Baker & McKenzie
materials. One-day passes are also available at $300 each. For additional information, please contact Ann Lister at [email protected].
United Nations (UN)
UNODC launches new campaign linking organized crime to counterfeit products
On 14 January 2014, the United Nations Office on Drugs and Crime (UNODC)
announced that it was launching a new global campaign to raise awareness
among consumers of the $250 billion a year illicit trafficking of counterfeit goods.
The campaign – ‘Counterfeit: Don’t buy into organized crime’ – informs consumers that buying counterfeit goods could be funding organized criminal groups,
puts consumer health and safety at risk and contributes to other ethical and environmental concerns. The campaign urges consumers to ‘look behind’ counterfeit
goods to boost understanding of the serious repercussions of this illicit trade. The
announcement stated:
The illicit trafficking and sale of counterfeit goods provides criminals with a significant
source of income and facilitates the laundering of other illicit proceeds. Additionally,
monies received from the sale of counterfeit products can be channelled towards the
further production of fake goods or other illicit activities.
As a crime which touches virtually everyone in one way or another, counterfeit goods
pose a serious risk to consumer health and safety. With no legal regulation and very
little recourse, consumers are at risk from unsafe and ineffective products and faulty
counterfeit goods can lead to injury and, in some cases, death. Tyres, brake pads and
airbags, aeroplane parts, electrical consumer goods, baby formula and children’s toys
are just some of the many different items which have been counterfeited.
Fraudulent medicines also present a serious health risk to consumers. Criminal activity
in this area is big business: the sale of fraudulent medicines from East Asia and the
Pacific to South-East Asia and Africa alone amounts to some $5 billion per year. At the
very least, fraudulent medicines have been found to contain no active ingredients,
while at their worst they can contain unknown and potentially harmful chemicals. The
list of fraudulent medicines is extensive, and can range from ordinary painkillers and
antihistamines, to ‘lifestyle’ medicines, such as those taken for weight loss and sexual
dysfunction, to life-saving medicines including those for the treatment of cancer and
heart disease.
A wide range of ethical issues can also be overlooked when considering the impact of
counterfeiting. Labour exploitation is also an aspect of producing counterfeit goods,
with low paid workers facing safety and security concerns with little or no benefits and
unregulated conditions. The problem of migrant smuggling is also further exacerbated
by the counterfeit business, with reports that a number of those smuggled are coerced
into selling counterfeit goods to pay off smuggling debts.
From an environmental standpoint counterfeiting poses a significant challenge: with no
regulations in place, there is a real chance that harmful toxic dyes, chemicals, and unknown components used in counterfeit electrical goods are not disposed of properly,
leading to serious environmental pollution.
As UNODC’s Executive Director Yury Fedotov notes, “In comparison to other crimes
such as drug trafficking, the production and distribution of counterfeit goods present a
lowrisk/high-profit opportunity for criminals. Counterfeiting feeds money laundering activities and encourages corruption. There is also evidence of some involvement or
overlap with drug trafficking and other serious crimes.”
Criminal groups use similar routes and modi operandi to move counterfeit goods as
they do to smuggle illicit drugs, firearms and people. In 2013, the joint UNODC / World
Customs Organization Container Control Programme (CCP) detected counterfeit
3
Baker & McKenzie
goods in more than one-third of the seized containers, despite being set up initially to
intercept drugs.
Relevant links:
•
Public Service Announcement
•
Campaign website
•
Downloads / Focus Sheet: ‘The illicit trafficking of counterfeit goods and transnational organized crime’
UN Security Council Resolutions
The following UN Security Council Resolutions were adopted during January
2014 (dd-mm-yy).
Date
Resolution №
Title
27-01-14 S/RES/2133 (2014)
28-01-14 S/RES/2134 (2014)
S/RES/2135 (2014)
30-01-14
S/RES/2136 (2014)
Threats to international peace and security caused by terrorist acts
Central African Republic
Cyprus
Democratic Republic of the Congo
World Trade Organization (WTO)
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
(dd-mm-yy).
DS. No.
DS474
Case Name
Date
European Union - Cost Adjustment Methodologies and Certain AntiDumping Measures on Imports from Russia (Complainant: Russia);
Russia requests consultations with the EU
06-01-14
DSB activities
During the period covered by this update, the Dispute Settlement Body (DSB) or
parties to a dispute took the following actions or reported the following activities.
Requests for a panel are not listed (click on “DS” number to go to summaries of
the case, click on “Activity” to go to the latest news or documents) (dd-mm-yy):
DS No.
DS464
DS381
DS469
4
Case Name
US — Anti-Dumping and Countervailing
Measures on Large Residential Washers from
Korea
US — Measures Concerning the Importation,
Marketing and Sale of Tuna and Tuna Products — Recourse to Article 21.5 of the DSU by
Mexico
EU — Measures on Atlanto-Scandian Herring
Activity
Date
Panel established
Compliance panel
established
Panel requested by
Denmark; objection
by EU: No panel
22-01-14
Baker & McKenzie
DS No.
Case Name
Activity
Date
DS400
DS401
European Communities — Measures Prohibiting the Importation and Marketing of Seal
Products
Canada and Norway
filed appeals
24-01-14
World Customs Organization (WCO)
WCO Origin Conference 2014
The WCO announced that it organized its Origin Conference in Brussels on 20-21
January 2014. The Conference had a key note speech from Mr. Vangelis Vitalis, Ambassador of New Zealand to the EU, NATO and Sweden, who suggested origin rules
to be: simple, coherent, pro-growth oriented, based on substantial transformation, and
constantly updated. Another key note speaker, Mr. Antoni Estevadeordal, Manager of
Integration and Trade at Inter-American Development Bank. Ambassador Vitalis l
raised a number of emerging questions at the coming era of Mega-regional FTAs.
According to the WCO announcement:
The participants shared national practices relating origin specialized unit, origin verification, advance rulings on origin, and origin irregularities, and were also provided with
latest information on electronic certificates of origin and online verification system developed by the ICC, and a self-certification regime that the EU plans to introduce in
2017.
The participants heard major problems stemming from origin rules and procedures,
which the private sector faced with when to utilize preferential tariff treatment. It was
widely shared that the WCO should continue to work with other international organizations and the business community in order to improve the utilization of preferential tariff treatment for economic growth and better regional economic integration.
***
In his closing remarks, the WCO Secretary General Kunio Mikuriya stressed that the
proliferation of agreements on a multilateral, regional and bilateral level made Customs management of origin rules and procedures a real challenge, and that there was
a need for consistency, predictability and transparency. In order to assure this, the
WCO would continue to focus on the best practice approach particularly for the procedural aspects of rules of origin for regional economic integration and economic growth.
To consult the conference programme and the presentations please click here.
WCO and WTO leaders meet in Geneva on ATF
The WCO has announced that on 20 January 2014, at the invitation of WTO Director General Roberto Azevedo, WCO Secretary General Kunio Mikuriya met
with Mr. Azevedo at WTO headquarters in Geneva, Switzerland. They agreed that
close cooperation between the two organizations is vital for successful implementation of the WTO Agreement on Trade Facilitation (ATF). The announcement
said:
Secretary General Mikuriya emphasized the consistent and complementary nature between the ATF and the WCO Revised Kyoto Convention (RKC). He also described
how the WCO Economic Competitiveness Package, that includes the RKC and all
other Customs trade facilitation instruments, guidelines and best practices, will support
implementation of ATF. Mr. Mikuriya also confirmed his readiness to involve other in5
Baker & McKenzie
ternational organizations, development banks, donors and other stakeholders at a
WCO forum to contribute to cooperation in support of the ATF.
Director General Azevedo was pleased to hear that the WCO was planning to publish
an implementation tool to connect each provision of the ATF to WCO tools as well as
a briefing document enabling Customs administrations to communicate with trade ministries. He expressed his willingness to leverage WCO expertise and experts for the
WTO Preparatory Committee on Trade Facilitation as well as ATF needs assessment
and implementation. Mr. Azevedo also suggested that the ATF provides another opportunity for the two organizations to enhance the good working relations that already
exist in many areas beyond trade facilitation.
The two leaders also discussed how multilateral institutions could work on regional integration matters and agreed on the importance of adopting global standards and best
practices to ensure connectivity at borders.
Other International Matters
Transatlantic Trade and Investment Partnership (TTIP)
US and EU announce fourth round of talks
On 28 January 2014, the EU and the US announced that the fourth round of negotiations for the Transatlantic Trade and Investment Partnership (TTIP) will take
place in Brussels from Monday 10th March until Friday 14th March.
Prior to that round, EU Trade Commissioner Karel De Gucht and United States
Trade Representative Ambassador Michael Froman will meet in Washington D.C.
on Monday 17th and Tuesday 18th February to take stock of the negotiations to
date. The aim of this meeting will be for both Commissioner De Gucht and Ambassador Froman to assess progress made after the first three rounds of talks
and thereby provide their political guidance to the chief negotiators from both
sides on how best to take forward the negotiations. Further details for the media
on logistical arrangements will follow closer to the date of each event.
CITES Notification to Parties
The Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) has issued the following notifications to the parties (dd-mm-yy):
Date
Title
03-01-14 2014/001 - List of valid Notifications Annex: List
10-01-14 2014/002 - CHILE – Pre-Convention stocks of alerce (Fitzroya cupressoides)
2014/003 - Registration of operations that breed Appendix-I animal species
13-01-14
in captivity for commercial purposes
Annex: Malaysia
15-01-14 2014/004 - Celebration of the first World Wildlife Day
2014/005 - BURUNDI – Illegal trade in specimens of Osyris lanceolata (Afri22-01-14
can sandalwood) from Burundi
2014/006 - Rhinoceroses (Rhinocerotidae spp.)
Annex: CITES Rhinoceros Enforcement Task Force Meeting – Nairobi, Kenya: 28 – 29 October 2013
23-01-14
– Strategies and proposed actions to combat poaching of and illegal trade in
rhinoceros
24-01-14 2014/007 - Illegal trade in cheetahs (Acinonyx jubatus)
6
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.
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 (dd-mm-yy):
Publication
Date
15-01-14
Title
Cabinet Council: Cabinet Decree № 2 of 14 Jan. 2014 – Amending the
National Import Tariff
Cabinet Council: Cabinet Resolution № 6 of 14 Jan. 2014 Authorizing the
Minister of Foreign Affairs to propose to the National Assembly a Bill Approving the United Nations Convention on the Use of Electronic Communications in International Contracts, made In New York, November 23, 2005
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. [unless otherwise specified, food is for human consumption;(dd/mm/yy]:
Publication
Date
AUPSA-DINAN №
and Date
086-2013 19-12-13
087-2013 19-12-13
02-01-14
Source documents may be
accessed by clicking on the blue
hypertext links.
088-2013 19-12-13
089-2013 19-12-13
001-2014 07-01-14
16-01-14
002-2014 07-01-14
003-2014 07-01-14
17-01-14
004-2014 07-01-14
7
Food and Origin
Fresh apples (malus domestica) from California ,
USA
Fresh grapes (vitis vinifera l.) from California , USA
Fresh peaches (prunus persica); apricots (prunus
American=Armeniaca) and other fresh fruits from
California, USA
Fresh grapes (vitis vinifera L.) from Washington,
USA
Chilled or frozen snappers (pargos); Repeal of
AUPSA-DINAN-360-2007
Semi-processed or prepared foods that are prepackaged and are intended for personal use or exhibition, laboratory analysis or development of foods
Chilled or frozen bass (Dicentrarchus labrax and
Dicentrarchus punctatus); repeal AUPSA-DINAN216-2007 –
Adds third paragraph to AUPSA-DINAN 008-2006
(22-12-06) food supplements vitamins and minerals
and pre packaged foods for special diet
Baker & McKenzie
Publication
Date
AUPSA-DINAN №
and Date
005-2014 13-01-14
22-01-14 006-2014 13-01-14
007-2014 13-01-14
23-01-14
082-2013 20-11-13
083-2013 20-11-13
084-2013 20-11-13
24-01-14
085-2013 20-11-13
Food and Origin
Chilled or frozen trout or salmon - repeals AUPSADINAN-208-2007
Chilled or frozen, unpeeled or cooked crustaceans
(except crayfish, lobsters, shrimps and prawns); repeals AUPSA-DINAN-207-2007
Chilled or frozen tuna and bonito (striped belly); repeals AUPSA-DINAN-201-2007
Fresh plums and sloes (Prunus domestica) from
France
Fresh pears (Pyrus communis L.) from France
Fresh Kiwis (Actinidia chinensis) from France
Fresh Apples (Malus domestica) from France
The Americas - North America
Canada
Canada to join WTO talks toward global free trade in environmental
goods
On January 24, 2014, in Davos, Switzerland, the Hon. Ed Fast, Minister of International Trade, announced that Canada will join 13 World Trade Organization
members, including China, the European Union, Japan and the United States, in
negotiations toward a new WTO plurilateral agreement on environmental goods.
Minister Fast is in Davos to lay the groundwork for these negotiations. The announcement stated:
The recently announced Global Markets Action Plan identifies the sustainable technologies sector as a priority for Canada. This market was valued at $1 trillion in 2012
and is expected to reach $3 trillion by 2020. The conclusion of an ambitious agreement on environmental goods liberalization would enhance access to a broad range of
environmental products, such as solar panels, wind turbine towers, hydraulic turbines,
air-handling equipment, water treatment technologies and waste management or recycling equipment.
More open trade will increase the availability and lower the cost of environmental
goods for consumers and users and will provide incentives for Canadian businesses to
develop new products to protect the environment. As a result, an ambitious agreement
will significantly facilitate the achievement of the green growth and sustainable development objectives of WTO economies by creating a win-win situation for trade and the
environment. Furthermore, joining these negotiations is consistent with the Harper
government’s leadership on the world stage in support of freer and more open trade
as part of the most ambitious trade expansion plan in Canadian history
New CAED must be used from Jan. 30
Customs Notice 14-001, Release of Canadian Automated Export Declaration
(CAED) Version 2014 announced that the 2014 version of the Canadian Automated Export Declaration (CAED) software is now available. The 2013 version of
CAED will expire on January 30, 2014 at which point, only the 2014 version will
be valid. CAED participants should upgrade to CAED 2014 by downloading the
software from the CAED website along with the release notes at
www.statcan.gc.ca/exp.
The new version:
8
Baker & McKenzie
•
eliminates 16 offices from the “place of exit” field;
•
adds 12 offices to the “place of exit” field;
•
adds Bonaire, Saba, Saint Eustatius, Curaçao, Republic of South Sudan and
Saint Maarten to the list of countries; and
•
removes Netherlands Antilles from the list of countries.
Miscellaneous regulations and proposals
The following documents of interest to international traders (other than CITT antidumping and subsidy matters) were published in the Canada Gazette. (The
sponsoring ministry, department or agency is also shown. N=notice,
PR=proposed regulation, R=regulation, O=Order) (mm-dd-yy).
Publication
Date
12-28-13
01-01-14
01-04-14
01-11-14
01-15-14
9
Title
Environment: Notice of time extension granted by the Minister of the
Environment under subsection 56(3) of the Canadian Environmental Protection Act, 1999 (N)
Foreign Affairs: Allocation Method Order (2014) — Softwood Lumber
Products (SOR/2013-236, December 10, 2013) pursuant to the Export
and Import Permits Act (O)
Agriculture and Agri-Food: New Brunswick Blueberry Order (SOR/2013238, December 13, 2013) pursuant to the Agricultural Products Marketing
Act (O)
Agriculture and Agri-Food: Saskatchewan Mustard Order SOR/2013-239,
December 13, 2013) pursuant to the Agricultural Products Marketing Act
(O)
Agriculture and Agri-Food: Saskatchewan Forage Seed Order SOR/2013240, December 13, 2013) pursuant to the Agricultural Products Marketing
Act (O)
Agriculture and Agri-Food: Saskatchewan Canaryseed Order (SOR/2013241, December 13, 2013) pursuant to the Agricultural Products Marketing
Act (O)
Agriculture and Agri-Food: Saskatchewan Winter Cereals Order
(SOR/2013-242, December 13, 2013) pursuant to the Agricultural Products Marketing Act (O)
Agriculture and Agri-Food: Ontario Grain Order (SOR/2013-243, December 13, 2013) pursuant to the Agricultural Products Marketing Act (O)
Ontario Pork Producers’ Marketing Board: Order Amending the Ontario
Hog Charges (Interprovincial and Export) Order (SOR/2013-248, December 20, 2013) pursuant to the Agricultural Products Marketing Act (O)
Environment: Notice of time extension granted by the Minister of the Environment under subsection 56(3) of the Canadian Environmental Protection Act, 1999 (N)
Environment: Order 2013-87-11-02 Amending the Non-domestic Substances List under the Canadian Environmental Protection Act, 1999
Transport: Proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Safety Standard TP14877: Containers for
Transport of Dangerous Goods by Rail) pursuant to the Transportation of
Dangerous Goods Act, 1992
Canadian Egg Marketing Agency: Regulations Amending the Canadian
Egg Marketing Agency Quota Regulations, 1986 (SOR/2013-250, Dec.
23, 2013) pursuant to the Farm Products Agencies Act [includes Limits to
Export Market Development Quotas for Manitoba; note that several other
egg-marketing, broiler hatching and licensing documents were published
in the same Canada Gazette]
Environment: Order 2013-87-11-01 Amending the Domestic Substances
Baker & McKenzie
Publication
Date
01-18-14
01-25-14
01-29-14
Title
List (SOR/2013-258, Dec. 24, 2013) pursuant to the Canadian Environmental Protection Act, 1999
Environment: Order 2013-87-11-01 Amending the Domestic Substances
List (SOR/2013-259, Dec. 24, 2013) pursuant to the Canadian Environmental Protection Act, 1999
Natural Resources: Regulations Amending the Energy Efficiency Regulations (SOR/2013-260, Dec. 31, 2013) pursuant to the Energy Efficiency
Act
Environment: Significant New Activity Notice No. 17329 pursuant to the
Canadian Environmental Protection Act, 1999 (N)
Environment/Health: Publication after screening assessment of a substance — Phenol, 2-(2H-benzotriazol-2-yl)-4,6-bis(1,1-dimethylpropyl)(BDTP), CAS1 RN 25973-55-1 — specified on the Domestic Substances
List (subsection 77(1) of the Canadian Environmental Protection Act,
1999)
Environment/Health: Publication of results of investigations and recommendations for a substance — Ethene, CAS RN 74-85-1 — specified on
the Domestic Substances List (paragraphs 68(b) and 68(c) of the Canadian Environmental Protection Act, 1999)
Agriculture and Agri-Food: Order Amending the Quebec Beef Cattle Producers’ Levies or Charges (Interprovincial and Export Trade) Order
(SOR/2014-1, Jan. 15, 2014) pursuant to the Agricultural Products Marketing Act
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
12-30-13
Title
Public Safety and Emergency Preparedness: Regulations Amending the
Regulations Establishing a List of Entities (SOR/2013-257, December
24, 2013) pursuant to the Criminal Code
CBSA advance rulings
No recent advance rulings were posted on the Canada Border Services Agency
(CBSA) website.
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. (mm-dd-yy format.)
Date
10
Reference
Action
01-01-14 CN 14-001
New
01-14-14 D13-4-9
Revised
01-16-14 D8-3-1
Revised
01-17-14 D15-2-8
Revised
Title
Release of Canadian Automated Export Declaration (CAED) Version 2014
Royalties and Licence Fees
Administration of the Advertising Material Remission Order
Refined Sugar – Application of Anti-dumping and
Baker & McKenzie
Date
Reference
D10-14-28
D10-15-1
BSF728
BSF722
01-20-14 D10-14-3
01-23-14 D4-1-7
01-27-14 CN 14-002
01-28-14 D19-2-1
Action
Title
Countervailing Duty
Bath Preparations, Shower Gels, and Other PrepRevised
arations for Use in Washing the Skin
Administrative Policy – Florist and Nursery Stock
Revised
Definitions for the Purposes of Headings 06.01
and 06.02
Electronic export reporting of controlled goods
process
Changing bonded status for existing CBSA carriers
Application of Seasonal Duties and Suspension of
Revised
Duty on Fresh Fruits and Vegetables
Revised
Extension of Time Limits for the Storage of Goods
Replaces CN Mandatory electronic notification of cargo arrival
13-018
at sufferance warehouses
Replaces 1994 Administration of the Nuclear Safety and Control
Act
D19-2-1
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Mexico
Diario Oficial
The following documents of interest to international traders were published in the
Diario Oficial de la Federacion: Note: With regard to standards, only those which
appear to apply to international trade are listed. (An unofficial English translation
is shown. dd-mm-yy)
Publication
Date
01-01-14
02-01-14
03-01-14
08-01-14
13-01-14
15-01-14
11
Title
Hacienda: Sixth Resolution Amendments to General Rules on Foreign Trade
for 2013.
Economy: Registry List of the border companies that remain in force after the
entry into force of Decree amending and extending the life of different fixing the
general import tax for the frontier region and the northern frontier free zone.
Health: Acuerdo setting forth the legends, images, pictograms, health messages and information to be included in all packages of snuff products and any
outside packaging and labeling of such external from 24 March 2014
Health: Modification of Item 20 of the Mexican Official Standard NOM- 059SSA1-2013, Good Manufacturing Practices for Drug Manufacturing
Environment and Natural Resources: Responses to comments received on the
Draft Mexican Official Standard NOM-165-SEMARNAT-2012, that establishes
the list of substances subject to reporting for the registration of emissions and
transfers of pollutants, published on December 5, 2012
Economy: Acuerdo announcing Decision No. 72 of the Administrative Committee of the Free Trade Agreement between the United Mexican States and the
Republic of Colombia, adopted on November 22, 2013.
Economy: Notice communicating the allocation of quota for export of new light
vehicles to Brazil, according to the Agreement and the balance of the quota
allocation for the period down 19 March 2012 to 18 March 2013 and the quota
and the amounts allocated to the periods between March 19, 2013 to March 18,
2014 and March 19, 2014 to March 18, 2015, for the export of new light vehi-
Baker & McKenzie
Publication
Date
16-01-14
23-01-14
24-01-14
30-01-14
Title
cles to Brazil in accordance with Appendix II on Trade in the Automotive Sector
between Brazil and Mexico of Economic Complementation Agreement No. 55
between Mercosur and the United Mexican States, published on April 30, 2012
and amended on September 6, 2012.
Environment and Natural Resources: Decree reforming Art. 3 of the General
Law of Ecological Equilibrium and Protection Environment (Hazardous, corrosive, toxic or explosive waste, etc.).
Energy: Official Mexican standard NOM-032-ENER-2013 maximum consumption for electric power equipment and appliances that require standby power.
Test methods and labeling
Economy: Acuerdo announcing Decision No. 73 of the Administrative Committee of the Free Trade Agreement between the United Mexican States and the
Republic of Colombia, adopted on November 22, 2013
Economy: Acuerdo announcing the application of the temporary waiver for the
use of materials produced or obtained outside the free trade area for certain
textile and apparel goods receive preferential tariff treatment provided for in
Decision No. 73 of the Administrative Committee of the Free Trade Agreement
between the United Mexican States and the Republic of Colombia.
Economy: Abstract of the Renewal of a Mutual Recognition Agreement between the Servicios de Análisis Técnicos, S.A. de C.V. (SEATSA) and testing
laboratories Group TÜV SÜD PSB Pte Ltd., for the acceptance of results of the
evaluation of conformity in the Electrical-Electronics branch and to add testing
laboratories TÜV SÜD Asia Ltd. Taiwan Branch of TÜV SÜD PSB Pte Ltd.
Hacienda: Extension of the Convention between the State of Sonora and the
Federal Government for the temporary importation and entry of vehicles into the
State of Sonora (Extension of the 25 Nov. 2005 Convention until 31-12-14)
Economy: Decree amending the Decree on regulating the definitive importation of used vehicles
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.] ALL US DATES ARE MM-DD-YY
Presidential documents
During the past month, President Obama signed the following documents relating
to international trade, national emergencies, sanctions, embargoes, or blocking
orders:
Date
01-15-14
01-22-14
12
Subject
Presidential Policy Directive PPD-27 United States Conventional Arms Transfer
Policy
Notice of January 21, 2014 - Continuation of the National Emergency With Respect to Terrorists Who Threaten To Disrupt the Middle East Peace Process
Baker & McKenzie
US – President continues national emergency with respect to terrorists who disrupt Middle East peace process
On January 22, 2014, the Federal Register published Presidential Notice of January 21, 2014 - Continuation of the National Emergency With Respect to Terrorists
Who Threaten to Disrupt the Middle East Peace Process. The Notice continues
for an additional year the national emergency with respect to foreign terrorists
who threaten to disrupt the Middle East peace process declared by Executive Order 12947 on January 23, 1995, and the measures adopted to deal with that
emergency. On August 20, 1998, by Executive Order 13099, the President modified the Annex to Executive Order 12947 to identify four additional persons who
threaten to disrupt the Middle East peace process. On February 16, 2005, by Executive Order 13372, the President clarified the steps taken in Executive Order
12947. Because the terrorist activities continue to threaten the Middle East peace
process and to pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, the President found it necessary to extend the national emergency.
President signs conventional arms transfer policy directive
On January 15, 2014, President Obama issued Presidential Policy Directive
PPD-27 -- United States Conventional Arms Transfer Policy. After a two-year
comprehensive review, the President approved the update in policy to ensure that
st
the US conventional arms transfer policies support 21 century national security
and foreign policy objectives. The policy was last updated in 1995. PPD-27
states that:
United States conventional arms transfer policy supports transfers that meet legitimate
security requirements of our allies and partners in support of our national security and
foreign policy interests. At the same time, the policy promotes restraint, both by the
United States and other suppliers, in transfers of weapons systems that may be destabilizing or dangerous to international peace and security.
The PPD sets forth 10 goals of the US Conventional Arms Transfer Policy. It further states that:
Arms transfer decisions will continue to meet the requirements of applicable statutes
such as the Arms Export Control Act, the Foreign Assistance Act, the International
Emergency Economic Powers Act, and the annual National Defense Authorization Act,
as well as the requirements of all applicable export control regulations and of U.S. international commitments.
All arms transfer decisions will be guided by a set of criteria that maintains the appropriate balance between legitimate arms transfers to support U.S. national security and
that of our allies and partners, and the need for restraint against the transfer of arms
that would enhance the military capabilities of hostile states, serve to facilitate human
rights abuses or violations of international humanitarian law, or otherwise undermine
international security. This includes decisions involving the transfer of defense articles,
related technical data, and defense services through direct commercial sales, government-to-government transfers, transfers of arms pursuant to U.S. assistance programs, approvals for the retransfer of arms, changes of end-use, and upgrades. More
specifically, all arms transfer decisions will be consistent with relevant domestic law
and international commitments and obligations, and will take into account [13 listed criteria]:
The PPD states the US will support arms control and arms transfer restraint. It
states:
13
Baker & McKenzie
A critical element of U.S. conventional arms transfer policy is to promote control, restraint, and transparency of arms transfers. The United States will continue its participation in the U.N. Register of Conventional Arms and the U.N. Standardized Instrument for Reporting Military Spending, in the absence of an international legally binding
treaty that requires such transparency measures. The United States will continue to
urge universal participation in the U.N. Register and encourage states reporting to the
Register to include military holdings, procurement through national production, and
model or type information for transfers, thereby providing a more complete picture of
change in a nation’s military capabilities each year. The United States will also continue to examine the scope of items covered under the Register to ensure it meets current U.S. national security concerns. Additionally, the United States will support regional initiatives to enhance transparency in conventional arms.
The United States will continue its participation in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, which
began operations in 1996 and is designed to prevent destabilizing accumulations of
conventional arms and related dual-use goods and technologies. By encouraging
transparency, consultation, and, where appropriate, national policies of restraint, the
Arrangement fosters greater responsibility and accountability in transfers of arms and
dual-use goods and technologies. We will continue to use the Wassenaar Arrangement to promote shared national policies of restraint against the acquisition of armaments and sensitive dual-use goods and technologies for military end-uses by states
whose behavior is a cause for serious concern.
The PPD further states that the United States Government will provide support for
proposed US exports that are consistent with this policy. Presidential Decision
Directive/ NSC-34, dated February 10, 1995 is superseded by the PPD.
Trade Promotion Authority introduced in Congress
On January 9, 2014, Senate Finance Committee Chairman Baucus (D-Mont).,
Finance Committee ranking member Orrin Hatch (R-Utah) introduced the Bipartisan Congressional Trade Priorities Act of 2014 which, if enacted, would provide
the basis for continuing negotiations and enactment of trade agreements. House
Ways and Means Chairman Dave Camp (R-Mich.) introduced the bill in the
House. The former Trade Promotion Authority (TPA) expired in 2007. Free trade
agreements that entered into force after that date were initiated while the TPA
was in force and therefore “grandfathered.”
A summary prepared by the committee staffs indicates that there are three main
components. The bill:
•
14
Directs the Administration to pursue Congressional prerogatives through Congressionally-mandated negotiating objectives:
o
Establishes New Goods and Services Objectives for the Digital Age;
o
Strengthens Rules for Agriculture;
o
Maintains Balanced Objectives for Investment;
o
Protects Intellectual Property (IP);
o
Updates Labor and Environment;
o
Addresses Currency Manipulation;
o
Addresses the Impact of State-Owned Enterprises (SOEs);
o
Seeks Improved Regulatory Practices;
o
Takes on Localization Barriers to Trade;
Baker & McKenzie
•
•
o
Promotes Global Value Chains;
o
Seeks Strong Enforcement; and
o
Preserves Trade Remedies.
Establishes robust consultation and access to information requirements before,
during, and after negotiations that ensure an open and transparent process for
Members and the public:
o
Ensures Access to Text;
o
Strengthens Congressional Consultations;
o
Allows All Members to Participate in Negotiating Process;
o
Establishes House and Senate Advisory Groups on Negotiations; and
o
Enhances Transparency and Coordination with the Public and Advisory
Committees.
Preserves Congressional prerogatives and gives Congress the final say in approving trade agreements through procedures providing for an up-or-down vote
on the final implementing bills without amendment:
o
Meaningfully Extends TPA;
o
Provides Robust Reporting Requirements;
o
Protects U.S. Sovereignty;.
o
Clarifies Scope of Implementing Bills;
o
Tightens Congressional Oversight;
o
Ensures Oversight for Ongoing Negotiations; and
o
Provides Strong, Comprehensive Disapproval Process.
The renewal of TPA is necessary to successfully conclude the TTP (US + 11
Asia-Pacific economies); the TTIP (US + 28 EU Member States) and TISA - the
Trade in Services Agreements with 22 other countries. Combined, the TTP and
TTIP negotiations would open markets with nearly 1 billion consumers, covering
nearly two-thirds of global GDP, and 65% of global trade. TISA covers about 50%
of global GDP, as well, and over 70% of global services trade.
The Administration responded to the bill’s introduction by stating, in part:
Trade Promotion Authority is a key part of a comprehensive strategy to increase exports and support more American jobs at higher wages, including in a stronger manufacturing sector. We welcome the introduction of the Bipartisan Congressional Trade
Priorities Act of 2014 as an important step towards Congress updating its important
role in trade negotiations. We look forward to working with Democrats and Republicans in Congress throughout the legislative process to pass Trade Promotion Authority legislation with as broad bipartisan support as possible.
State grants temporary Iran sanctions relief pursuant to JPOA
On January 28, 2014, the Department of State published in the Federal Register
a notice [Public Notice 8610] providing certain temporary and limited sanctions
relief in order to implement the Joint Plan of Action (JPOA) of November 24, 2013
between the P5+1 and the Islamic Republic of Iran. On November 24, 2013, the
United States and its partners in the P5+1—France, the United Kingdom, Russia,
China, and Germany—reached an initial understanding with Iran that halts progress on its nuclear program and rolls it back in key respects. In return for im15
Baker & McKenzie
portant steps to constrain Iran’s nuclear program, the P5+1 committed to provide
Iran with limited, temporary, and targeted sanctions relief for a period of six
months, starting on January 20, 2014, and concluding on July 20, 2014 (the
“JPOA period”). The Notice outlines the US Government (USG) actions taken to
implement the sanctions relief aspects of this understanding.
The sanctions relief specified in the JPOA focuses on a limited number of commercial
activities and associated services for: Iran’s exports of petrochemical products; Iran’s
purchase and sale of gold and precious metals; the provision of goods and services to
Iran’s automotive sector; and the licensing of safety-of-flight inspections and repairs
for Iranian civil aviation. The sanctions relief also pauses efforts to further reduce
Iran’s crude oil exports, enabling the current importers of Iranian crude oil—China, Japan, South Korea, India, Turkey, and Taiwan—to maintain purchases at current average levels during the JPOA period. (The purchase of Iranian crude oil by entities in jurisdictions outside of China, Japan, South Korea, India, Turkey, and Taiwan remains
sanctionable under US law.) Iran will also gain access, in installments, to $4.2 billion of
its restricted revenues now held in overseas accounts. Finally, Iran and the P5+1 have
committed to establish a financial channel to facilitate Iran’s import of certain humanitarian goods, the payment of medical expenses incurred by Iranians overseas, payments of Iran’s UN obligations, and up to $400 million toward university tuition for Iranian students studying abroad.
To implement this limited sanctions relief, the USG has executed temporary, partial
waivers of certain statutory sanctions and has issued guidance regarding the suspension of sanctions under relevant Executive Orders and regulations. Because some of
the waivers have a duration less than the six-month period of the JPOA, the USG
plans to take such additional actions as may be necessary to extend this limited sanctions relief to July 20, 2014.
All U.S. sanctions not explicitly waived or suspended through these actions remain fully in force. Furthermore, US persons and foreign entities owned or controlled by US
persons (“U.S.-owned or -controlled foreign entities”) continue to be generally prohibited from conducting transactions with Iran, including any transactions of the types permitted pursuant to the JPOA, unless licensed to do so by OFAC. The USG will continue to enforce US sanctions laws and regulations against those who engage in sanctionable activities that are not covered by the suspensions and temporary waivers announced on January 20, 2014.
USTR invites applications for inclusion on the US-Panama TPA
Dispute Settlement Rosters
On January 28, 2014, the Office of the United States Trade Representative
(USTR) published in the Federal Register an invitation for applications for inclusion on the US-Panama Trade Promotion Agreement (TPA) dispute settlement
rosters. The US-Panama TPA calls for the Parties to establish four rosters of individuals that would be available to serve as panelists in dispute settlement proceedings arising under the TPA. A general roster is required to be established
under Chapter Twenty (Dispute Settlement). Chapter Twelve (Financial Services),
Chapter Sixteen (Labor), and Chapter Seventeen (Environment) require the establishment of separate rosters for disputes arising under those chapters. USTR
is inviting interested persons to apply to be on any of the rosters under the TPA,
as indicated in the notice. Applications should be received no later than March
14, 2014 to be assured of consideration.
USTR requests information on IP protection by Spain for Special
301 Out-of-Cycle Review
On January 24, 2014, USTR published in the Federal Register a request for written submissions [Docket No. USTR-2014-0003] concerning the 2013 Special 301
16
Baker & McKenzie
Out-of-Cycle Review of Spain. Section 182 of the Trade Act of 1974 (Trade Act)
(19 U.S.C. 2242) requires USTR to identify countries that deny adequate and effective protection of IPR or deny fair and equitable market access to U.S. persons
who rely on intellectual property protection. The provisions of Section 182 are
commonly referred to as the “Special 301” provisions of the Trade Act.
In the 2013 Special 301 Report, USTR announced that, in order to monitor progress on specific intellectual property rights (IPR) issues, an Out-of-Cycle Review
(OCR) would be conducted for El Salvador and Spain. USTR requests written
submissions from the public concerning any act, policy, or practice that is relevant
to the decision regarding whether Spain should be identified under Section 182 of
the Trade Act.
The deadline for the public, except foreign governments, to submit written comments is February 14, 2014. The deadline for foreign governments to submit written comments is February 21, 2014. Please note that on January 3, 2014, USTR
issued a request for comments from the public and provided notice of a public
hearing related to the 2014 Special 301 Review [Docket number USTR-20130040]. The public is not required to respond to both notices. Written submissions
related to Spain filed under docket number USTR-2013-0040 will be taken into
consideration in this Out-of-Cycle Review.
USTR requests comments for 2014 Special 301 Review
On January 3, 2014, USTR published in the Federal Register a document requesting written submissions from the public and announcing of public hearing
with respect to the identification of countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection.
Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), commonly
referred to as the “Special 301” provisions, requires USTR to identify countries
that deny adequate and effective protection of intellectual property rights (IPR) or
deny fair and equitable market access to US persons who rely on intellectual
property protection. The Trade Act requires USTR to determine which, if any, of
these countries to identify as Priority Foreign Countries. Acts, policies, or practices that are the basis of a country’s identification as a Priority Foreign Country can
be subject to the procedures set out in sections 301-305 of the Trade Act. In addition, USTR has created a “Priority Watch List” and “Watch List” to assist the Administration in pursuing the goals of the Special 301 provisions. Placement of a
trading partner on the Priority Watch List or Watch List indicates that particular
problems exist in that country with respect to IPR protection, enforcement, or
market access for persons that rely on intellectual property protection. Trading
partners placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.
USTR chairs the Special 301 Subcommittee of the Trade Policy Staff Committee
(Subcommittee). The Subcommittee reviews information from many sources, and
consults with and makes recommendations to USTR on issues arising under
Special 301. Written submissions from interested persons are a key source of
information for the Special 301 review process. In 2014, USTR again will conduct
a public hearing as part of the review process as well as offer the opportunity, as
described below, for hearing participants to provide additional information relevant
17
Baker & McKenzie
to the review. At the conclusion of the process, USTR will publish the results of
the review in a “Special 301” Report.
USTR is requesting written submissions from the public concerning foreign countries that deny adequate and effective protection of intellectual property rights or
deny fair and equitable market access to US persons who rely on intellectual
property protection. USTR requests that interested parties provide the information
described in the Federal Register document, and identify whether a particular
trading partner should be named as a Priority Foreign Country under Section 182
of the Trade Act or placed on the Priority Watch List or Watch List. Foreign governments that have been identified in previous Special 301 Reports or that are
nominated for review in 2014 are considered interested parties, and are invited to
respond to this request for public submissions. Interested parties, including foreign governments, wishing to submit information to be considered during the review or testify at the public hearing must adhere to the procedures and deadlines
set forth below.
The schedule and deadlines are set forth in the Federal Register document.
USTR seeks comments on WTO disputes
USTR published the following documents related to WTO disputes in the Federal
Register:
F.R. Date
01-24-14
Matter
WTO Dispute Settlement Proceeding Regarding Certain Methodologies and Their Application to Anti-Dumping Proceedings
Involving China [WTO/DS471]
Comments
Due
02-14-14
Nominations sought for Supply Chain Competitiveness Advisory
Committee
On January 7, 2014, the International Trade Administration (ITA), US Department
of Commerce published in the Federal Register a notice of an opportunity to apply
for membership on the Advisory Committee on Supply Chain Competitiveness.
The ITA is requesting nominations to fill vacancies on the Advisory Committee on
Supply Chain Competitiveness (Committee). The Committee was established under the Federal Advisory Committee Act, 5 U.S.C. App. The Committee was first
chartered on November 21, 2011. The Department of Commerce rechartered the
Committee for another two-year term beginning on November 20, 2013, with
modifications to the charter to clarify the scope of issues on which the Committee
advises the Secretary, including supply chain competitiveness issues related to
trade programs, freight movement and policy, information and data systems associated with system performance measurement, regulatory issues, and infrastructure finance, and to increase the maximum membership from 40 to 45 members. The Committee advises the Secretary on the necessary elements of a comprehensive policy approach to supply chain competitiveness designed to support
US export growth and national economic competitiveness, encourage innovation,
facilitate the movement of goods, and improve the competitiveness of US supply
chains for goods and services in the domestic and global economy; and provides
advice to the Secretary on regulatory policies and programs and investment pri18
Baker & McKenzie
orities that affect the competitiveness of US supply chains. Commerce is seeking
nominations to fill vacancies on the Committee.
Nominations for membership must be received on or before February 21, 2014.
Trade compliance enforcement actions - import, export, IPR, FCPA
CBP and US Immigration and Customs Enforcement (ICE) have been stepping
up enforcement of trade compliance violations, as have the other agencies that
enforce import safety, standards, export and munitions control, sanctions and
FCPA laws. Rather than reproduce articles on these penalties, seizures and arrests, we have decided to list the links to the agency press releases which give
details. Child pornography, controlled substance and currency related seizures
and arrests will not be listed, unless connected to trade violations.
[Agencies: CBP=US Customs and Border Protection, ICE=US Immigration and Customs Enforcement,
Homeland Security Investigations, 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, 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, EPA=Environmental
Protection Agency, FWS=US Fish & Wildlife Service, NOAA=National Oceanic and Atmospheric Administration.]
Date of
Release
12-27-13
01-02-14
01-06-14
01-07-14
01-09-14
01-10-14
01-14-14
01-21-14
19
Subject
In re: Amplifier Research Corp. – Settlement Agreement and Order assessing
and suspending a $500,000 civil penalty for 50 EAR violations (BIS)
Wyoming fossil retailer pleads guilty to smuggling dinosaur and other fossils
into the US (ICE, CBP, DOJ)
Foreign Bribery Charges Unsealed Against Former Chief Executive Officers of
Oil Services Company (FCPA) (DOJ, FBI)
Dallas-Based Companies Agree to Pay Civil Penalty to Settle Clean Air Act
Violations Stemming from Illegal Import of Vehicles (DOJ, EPA,
Tennessee Men Plead Guilty to Illegally Trafficking Narwhal Tusks (DOJ,
FWS, NOAA, Canadian government)
Former CEO Sentenced for Shipping Commercial Industrial Machines to Iran
(DOJ, BIS, ICE)
Alcoa World Alumina Agrees to Plead Guilty to Foreign Bribery and Pay $223
Million in Fines and Forfeiture (FCPA) (DOJ, IRS, FBI, Swiss Atty Gen’l,
Guernsey Fin. Intell. Ser. and Guernsey Police, the Australian Federal Police,
the UK’s Serious Fraud Office, and other law enforcement authorities)
SEC Charges Alcoa With FCPA Violations Alcoa will pay $175 million in disgorgement of ill-gotten gains, of which $14 million will be satisfied by the company’s payment of forfeiture in the parallel criminal matter (SEC, FBI, IRS,
Australian FP, Ontario Sec. Comm., Guernsey Fin. Ser. Comm., Liechtenstein
Fin. Market Auth., Norwegian ØKOKRIM, UK Fin. Control Auth., and Swiss
Atty Gen’l)
3K Aviation Consulting & Logistics a/k/a 3K Havacilik Ve Danismanlik SAN.
TIC. LTD. ST. and others – Denial of Export Privileges (BIS)
ICE returns recovered, ‘most wanted’ stolen antiquities to India (ICE, Indian
authorities, INTERPOL. NY County)
ICE returns stolen 18th –century Chinese sculpture to Harvard Art Museums
(ICE, DOJ)
th
United States v Schulte (10 Cir., Court No. 12-1239) upholding conviction for
false statement relating to the importation of unapproved medical devices
(DOJ, FDA)
Baker & McKenzie
Date of
Release
Subject
Former Connecticut Resident Indicted for Attempting to Ship Sensitive Military
Documents to Iran (BIS, DOJ, ICE, DoD, CBP, FBI)
Settlement Agreement between the U.S. Department of the Treasury’s Office
of Foreign Assets Control and Clearstream Banking, S.A. $151,902,000 to
01-23-14
settle potential civil liability for apparent violations of the Iranian Transactions
and Sanctions Regulations (OFAC)
Joint-Stock Commercial Bank “Bank of Moscow” Settles Potential Civil Liability for Alleged Violations of Executive Order 13382 of June 28, 2005, and the
01-27-14
Weapons of Mass Destruction Proliferators Sanctions Regulations
($9,492,525 civil penalty) (OFAC)
Order Renewing Order Temporarily Denying Export Privileges; Mahan Airways, et al (BIS)
01-30-14 Seven Ohio oncologists have been ordered to collectively pay nearly $2.6
million after pleading guilty to importing (unapproved) cancer medications
(DOJ, FDA)
CIT finds that 19 U.S.C. §580 interest on bonds involving “duties”
does not apply to antidumping duties
On January 23, 2014, US Court of International Trade (CIT) Senior Judge Goldberg issued an opinion which held (after finding the surety liable for antidumping
duties under the bond) that the six-percent statutory interest provided for in 19
U.S.C. §580 for actions to recover duties is not recoverable by the Government in
an action to recover antidumping duties from a surety under the Customs Bond.
The Government had argued that interest was due because 19 U.S.C. § 580 provides that “[u]pon all bonds, on which suits are brought for the recovery of duties,
interest shall be allowed, at the rate of 6 per centum a year, from the time when
said bonds became due.” The CIT traced the statute to 1799, and said that the
statute applied at its inception to bonds securing payment of then-existing customs duties. However, antidumping duties originated much later, in the twentieth
century. Although the section was moved in 1948 from title 28 (pertaining to Judiciary and Judicial Procedure) to title 19 (Customs Duties), Congress has not
substantively updated § 580 or otherwise signaled whether the statute applies to
antidumping duties. The Court held that 19 U.S.C. § 580 does not apply to latercreated “special” antidumping duties serving “fundamentally different purposes”
than historical “regular” customs duties.
Although the CIT refused to award interest under §580, it did find the surety liable
for prejudgment equitable interest in excess of its bond limit (at a rate set forth in
26 U.S.C. § 6621) on other grounds. The court found that the surety need not
have exhibited bad faith to be liable for interest beyond its bond limit. Rather, the
dispositive fact is “that the surety did not pay following the Government’s proper
demand on the continuous bond, thereby depriving the Government of the ability
to use the withheld funds. That failure exposes [the surety] to potential interest
liability in excess of its bond limit.” [United States v. American Home Assurance
Co. (Court № 10-00185, Jan. 23, 2014)]
20
Baker & McKenzie
CBP imposes import restrictions on archaeological and ecclesiastical ethnological material from Bulgaria
On January 16, 2013, US Customs and Border Protection (CBP) published in the
Federal Register a final rule [CBP Dec. 14-01] amending the CBP regulations
(specifically 19 C.F.R. §12.104g) to reflect the imposition of import restrictions on
certain archaeological and ecclesiastical ethnological material from the Republic
of Bulgaria. The restrictions are being imposed pursuant to an agreement between the United States and Bulgaria that has been entered into under the authority of the Convention on Cultural Property Implementation Act in accordance
with the 1970 United Nations Educational, Scientific and Cultural Organization
(UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
The final rule amends CBP regulations by adding Bulgaria to the list of countries
for which a bilateral agreement has been entered into for imposing cultural property import restrictions The agreement enables the promulgation of import restrictions on categories of archaeological material representing Bulgaria’s cultural
heritage dating from the Neolithic period (7500 B.C.) through approximately 1750
A. D. and ecclesiastical ethnological material representing Bulgaria’s Middle Ages
(681 A.D.) through approximately 1750 A.D. A list of the categories of archaeological and ecclesiastical ethnological material subject to the import restrictions, with
examples, is set forth in the final rule. More information on import restrictions can
be found on the Cultural Property Protection Web site. The new rule was effective
January 15, 2014.
CBP publishes quarterly interest rates
On January 15, 2014, CBP published in the Federal Register a general notice
advising the public of the quarterly Internal Revenue Service interest rates used
to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning January 1,
2014, the interest rates for overpayments will be 2 percent for corporations and 3
percent for noncorporations, and the interest rate for underpayments will be 3
percent for both corporations and non-corporations. The notice is published for
the convenience of the importing public and CBP personnel.
CBP proposes to ease rules on documentation for US insular possession imports
On January 14, 2014, CBP published in the Federal Register a notice of proposed
rulemaking [Docket No. USCBP-2014-0001] to amend the CBP regulations to
eliminate the requirement that a customs official at the port of export verify and
sign CBP Form 3229, “Certificate of Origin for U.S. Insular Possessions.” In addition, the proposed rule would require only that the importer present this form, upon CBP’s request, rather than with each entry as is currently required. Under the
proposed rule, the importer must have in his possession, at the time of entry or
entry summary, a completed CBP Form 3229 and must present the form upon
request by the Port Director or his delegate. CBP believes that these amendments will serve to streamline the certification process and modernize the entry
process by making it more efficient, as it will reduce the overall administrative
burden on the importing trade as well as on CBP. The importer is still required to
maintain CBP Form 3229 in its possession or may be subject to the assessment
21
Baker & McKenzie
of a recordkeeping penalty if it cannot be produced. Comments must be received
on or before March 17, 2014.
CBP extends import restrictions for certain archaeological material
from China
On January 13, 2014, CBP published in the Federal Register a final rule [CBP
Dec. 14–02] amending the CBP regulations to reflect the extension of import restrictions on certain archaeological material from the People’s Republic of China
(China) and making a technical change to the regulations to clarify that the restriction to monumental sculpture and wall art at least 250 years old should be
calculated as of January 14, 2009, the date the Memorandum of Understanding
(MOU) became effective. These restrictions, which were originally imposed by
CBP Dec. 09–03, are due to expire on January 14, 2014, unless extended.
The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions on the archaeological materials from China. Accordingly,
the restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to indicate this further extension through January 14,
2019. Additionally, the Designated List of cultural property described in CBP Dec.
09–03 is revised in this document to clarify that the agreement applies to monumental sculpture and wall art at least 250 years old as of January 14, 2009.
These restrictions are being extended pursuant to determinations of the United
States Department of State made under the terms of the Convention on Cultural
Property Implementation Act in accordance with the United Nations Educational,
Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. CBP Dec. 09–03 contains the Designated List of archaeological
materials that describes the articles to which the restrictions apply. The effective
date for the final rule is January 14, 2014.
Miscellaneous CBP Federal Register documents
The following documents not discussed above were published by CBP in the
Federal Register. [Note that multiple listings of approved gaugers and laboratories
reflects different locations and/or products.]
F.R. Date
Subject
Agency Information Collection Activities: Foreign Trade Zone Annual Reconciliation Certification and Record Keeping Requirement
Accreditation and Approval of Columbia Inspection, Inc., as a Commercial
Gauger and Laboratory [Fife, WA to gauge and test petroleum and certain petroleum products]
Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory [Torrance, CA - to gauge and test petroleum
and certain petroleum products]
01-09-14 Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory [Tampa, FL - to gauge and test petroleum and
certain petroleum products]
Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory [Ferndale, WA - to gauge and test petroleum
Accreditation and Approval of Inspectorate America Corporation, as a Com01-03-14
22
Baker & McKenzie
F.R. Date
01-10-14
01-15-14
01-23-14
01-28-14
Subject
mercial Gauger and Laboratory [Baytown, TX - to gauge and test petroleum
Agency Information Collection Activities: Vessel Entrance or Clearance Statement
Accreditation of St Laboratories Group, LLC, as a Commercial Laboratory
[Pasadena, TX - petroleum and certain petroleum products]
Agency Information Collection Activities; Cost Submission (CBP Form 247)
Agency Information Collection Activities: Declaration of the Ultimate Consignee
that Articles were Exported for Temporary Scientific or Educational Purposes
Agency Information Collection Activities: e-Allegations Submission
Agency Information Collection Activities: Importer ID Input Record
Agency Information Collection Activities: Commercial Invoice
CBP advises not to use PSC for omitted invoices
On January 14, 2014, CBP issued CSMS #14-000027 which advises the trade
that Post Summary Correction (PSC) is not the proper mechanism to report omitted invoice(s) from the entry package at the time of entry. Omitted invoice(s) require a new entry not the submission of a PSC or Post Entry Amendment. The
Business Rules and Process Document (BRPD) is currently being revised to include this additional guidance. CBP will issue a subsequent CSMS message once
the BRPD is posted to the CBP website.
CBP posts draft ACE Export Manifest implementation guidelines
On January 8-9, 2014, CBP posted on its website, the following draft ACE Export
documents :
•
Draft Export Air CAMIR
•
Draft Export Ocean CAMIR
•
Draft Export Ocean X12
•
Draft Export Rail X12
•
Draft ACE-CAMIR-Air Message Line Identifiers for Exports
•
ACE CAMIR-Air AMS Message Types for Exports
•
Export Manifest - Input to Customs and Border Protection (CBP)
•
Export Status Notifications from Customs and Border Protection
•
Export Manifest - Automated Manifest Download
•
Export Manifest - Hazardous Materials Download
CBP announces conclusion of Phase I of Cargo Pre-inspection Pilot
On January 02, 2014, CBP announced that CBP in partnership with Canada
Border Services Agency (CBSA) and Public Safety Canada concluded a five
month pilot test of cargo pre-inspection, and deemed the concept feasible. The
truck cargo pre-inspection pilot began on June 18, 2013 at the Pacific Highway
crossing adjacent to Surrey, British Columbia (BC). The project was coordinated
under the U.S./Canadian “Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness” initiative. Transport Canada, the Royal
23
Baker & McKenzie
Canadian Mounted Police, and the BC Ministry of Transport also participated in
the pilot.
Phase I of the initiative was designed as a “proof of concept” to determine the
feasibility of placing CBP officers on Canadian soil to pre-inspect selected southbound trucks, drivers and cargo prior to arrival into the United States. The Phase I
concept was also designed to test the feasibility of using certain technologies and
jointly-developed procedures in order to conduct CBP primary truck processing in
Canada.
Eligible participants were enrolled members of CBP’s Free and Secure Trade
(FAST) program. FAST-eligible trucks entering the United States had the opportunity to use a dedicated pre-inspection commercial primary booth located on the
Canadian side of the border. Secondary inspections, when required, were conducted in the US port of entry.
Phase II of the pilot will be conducted at the Peace Bridge Crossing in Buffalo,
N.Y./Fort Erie, ON and will begin in January 2014 for up to one year. Phase II will
test the ability of the pre-inspection process to reduce wait times and border congestion—streamlining the flow of cross-border trade that is vital to both country’s
economies
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:
Date
CSMS#
Title
14-000001
14-000002
Weekly ACE Production Outage beginning January 4, 2014
2014 HTSUS GSN 3(c) Updated to Clarify Eligibility under SPI
C#, K# and L#
Proclamation 9072: Korea FTA PSRs Updated, Israel FTA Agri
Prod Extension, Andean Program
Reminder: ACE Deployment B
Intermittent issue with AX Responses
Resolved - Intermittent issue with AX Responses 1/3/2014
Administrative Offices in Detroit, MI, Customs and Border Protection, are Closed 1/6/14
Successful Implementation of ACE Deployment B
Buffalo New York Administrative Offices Closed 1/06/14
Correction to Buffalo Snowday - January 7, 2014
Issue with Improperly Rejected ACE Entry Summaries
Indianapolis CBP Administrative Office status on 01/06/14
Harmonized System Update 1401 - Changes to the 2014 Harmonized Tariff Schedule of the US
No EDI Responses from 5:00 pm EST to 5:15 pm EST
Scheduled Weekly ACE Certification Outage for January 8,
2014
ACE Certification Environment Now Available!!
CBP Boston Entry Unit Closed 1/3/14
Toledo CBP Administrative Office Status on 01/06/14 and
14-000003
01-03-14
14-000004
14-000005
14-000006
14-000007
01-06-14
01-07-14
14-000008
14-000009
14-000010
14-000011
14-000012
14-000013
14-000014
14-000015
14-000016
01-08-14
24
14-000017
14-000018
14-000019
Baker & McKenzie
Date
CSMS#
14-000020
01-09-14
14-000021
14-000022
01-10-14
14-000023
01-12-14
14-000024
14-000025
14-000026
14-000027
01-13-14
01-14-13
14-000028
14-000029
14-000030
14-000031
01-15-14
14-000032
14-000033
01-16-14
01-17-14
01-20-14
14-000034
14-000035
14-000036
14-000037
14-000038
14-000039
01-21-14
14-000040
14-000041
01-22-14
14-000042
14-000043
14-000044
14-000045
14-000046
14-000047
01-24-14
14-000048
14-000049
14-000050
14-000051
14-000052
14-000053
01-28-14
14-000054
14-000055
14-000056
25
Title
01/07/14
Actualización Mensual de diciembre 2013 de ACE
Reminder - February 25, 2014 NCBFAA Sponsored ACE Software Vendor Session
FDA ITACS Downtime January 10 at 9:00 p.m. - January 11 at
11:59 p.m.
Possible Extended Weekly ACE Production Outage beginning
January 11, 2014
ACE Production Now Available
Issues with Trade EDI Reponses
More on Issues with EDI Response Messages
PSC Guidance for Omitted Invoices
2014
2014
More on Issues with EDI Response Messages from 1-13-2013
ACE Certification Environment Now Available!
Revised ACE ABI Entry Summary CATAIR Chapter and Related Documents Now Posted
Additional Centers Team Codes
Draft Version of Export Manifest IGs for Ocean, Rail, and Air
Now Posted
HSU 1402 - Changes to the 2014 Harmonized Tariff Schedule
of the United States
HTS Flagging
Entry Summary AX Responses not Routed
ACS Preliminary Statements not generating today January 21,
2014
Resolved - ACS Preliminary Statements not generating today
January 21, 2014
2014
Port of Baltimore closure
ACE Certification Environment Now Available!
EPA Pilot Informational Webinar
Important!! ACE System Slowdown in Approximately 30
Minutes
Port of Philadelphia Local Closure Day
Local Closure for Ports of Houston/Galveston on January 24,
2014
Reminder-February 25, 2014 NCBFAA Sponsored ACE Software Vendor Session -Agenda Attached
Update to Weekly ACE Production Outage beginning January
25, 2014
New ACE Entry Summary Validations to be Deployed on April
5, 2014
Local closure for Port 2002 New Orleans, LA on January 28,
2014
Local Closure for Ports of Mobile and Pascagoula on January
28, 2014
Local Closure for Port 1703 (Savannah, Georgia) on January
29, 2014
Local Closure for Port of Charleston, SC on January 28, 2014
Baker & McKenzie
Date
CSMS#
14-000057
14-000058
14-000059
01-29-14
14-000060
14-000061
14-000062
14-000063
14-000064
01-30-14
14-000065
01-31-14
14-000066
14-000067
14-000068
14-000069
14-000070
Title
Unscheduled ACE Production Outage Tonight – January 28,
2014
Local Closure for Ports of 1901, 1902 and 1903 in AL and MS
on January 29, 2014
Local Closure for the Port of Birmingham, AL for January 29,
2014
Local Closure for the Port of Atlanta, GA for January 29, 2014
Local Closure for Port of Chattanooga, TN for January 29, 2014
Local Closure for the Port of Charleston, SC for January 29,
2014
Local Closure for the Port of Norfolk-Newport News, VA for
January 29, 2014
Local Closure for Louisiana Ports for January 28, and January
29, 2014
Local Closure for the Port of Norfolk-Newport News, VA for
January 30, 2014
New AD/CVD instructions site on CBP.gov
Correction: New AD/CVD instructions site on CBP.gov
Foreign Trade Zone Concurrence Quantity Issue Fixed
CBP Trade Newsletter January 2014 Now Posted
January 2014 ACE Monthly Trade Update
US issues guidance on temporary easing of Iran sanctions under
Joint Plan
On January 30, 2014, the Office of Foreign Assets Control (OFAC) published in
the Federal Register a notice of the publication of Guidance Relating to the Provision of Certain Temporary Sanctions Relief in Order to Implement the Joint Plan
Of Action (JPOA) Reached on November 24, 2013, Between the P5+1 and the
Islamic Republic of Iran (Guidance), issued on January 20, 2014. The Guidance
sets out how, in furtherance of the U.S. Government’s (USG) commitments under
the JPOA, the Department of State and the Department of the Treasury will implement sanctions relief relating to certain activities and associated services taking place exclusively during the six month period beginning on January 20, 2014,
and ending July 20, 2014.
On January 20, 2014, the Departments of the Treasury and State posted the
Guidance to implement the JPOA understanding agreed to on November 24,
2013, between the United States and its partners in the P5+1 with Iran that halts
progress on Iran’s nuclear program and rolls it back in key respects. The Guidance states:
In return for Iran’s commitment to place meaningful limits on its nuclear program, the
P5+1 committed to provide Iran with limited, targeted, and reversible sanctions relief
for a six-month period. In furtherance of the U.S. Government’s (USG) commitments
under the JPOA, the U.S. Department of State and the U.S. Department of the Treasury will implement sanctions relief relating to certain activities and associated services
taking place exclusively during the six-month period beginning on January 20, 2014,
and ending July 20, 2014 (the “JPOA Period”), as set out below. The USG retains the
authority to revoke this limited sanctions relief at any time if Iran fails to meet its commitments under the JPOA.
For purposes of the JPOA sanctions relief, the USG interprets the term “associated
service” to mean any necessary service – including any insurance, transportation, or
financial service – ordinarily incident to the underlying activity covered by the JPOA,
provided, however, that unless otherwise noted, such services may not involve per26
Baker & McKenzie
sons identified on the Department of the Treasury’s Office of Foreign Assets Control’s
(OFAC) List of Specially Designated Nationals and Blocked Persons (SDN List).
The USG retains the authority to continue imposing sanctions under the authorities
identified below during the JPOA Period for activities that occurred prior to January 20,
2014. Moreover, the USG retains the authority to impose sanctions under the authorities outlined below for activities occurring during the JPOA Period to the extent such
activities are materially inconsistent with sanctions relief described in the JPOA and
outlined in this guidance. The USG also retains the authority to continue imposing
sanctions during the JPOA Period for activities occurring before and during the JPOA
Period under other authorities, such as those used to combat terrorism and the proliferation of weapons of mass destruction. During the JPOA Period, the USG will continue to vigorously enforce our sanctions against Iran, including by taking action against
those who seek to evade or circumvent our sanctions.
Please note that, with the exception of civil aviation activities described in section IV
and the humanitarian channel described in section VI below, none of the sanctions relief outlined in this guidance may involve a U.S. person, or, as applicable, a foreign entity owned or controlled by a U.S. person, if otherwise prohibited under any sanctions
program administered by the USG.
The topics discussed in the Guidance document are:
I. Sanctions Related to Iran’s Export of Petrochemical Products
•
Correspondent or Payable-Through Account Sanctions
•
Blocking Sanctions:
•
Menu-based Sanctions
II. Sanctions Related to Iran’s Auto Industry
•
Correspondent or Payable-through Account Sanctions
•
Menu-based Sanctions:
III. Sanctions Related to Gold and Other Precious Metals
•
Correspondent or Payable-through Account Sanctions:
•
Blocking Sanctions:
IV. Sanctions Related to Civil Aviation
•
Statement of Licensing Policy:
•
•
Blocking Sanctions:
V. Sanctions Related to Iran’s Export of Crude Oil
•
•
Blocking Sanctions:
•
Menu-based Sanctions:
VI. Facilitation of Humanitarian and Certain Other Transactions
VII. Waivers
Notice of Presidential determination in relation to Iran sanctions
a notice [Public Notice 8593] informing the public that the President of the United
States determined, on November 29, 2013, pursuant to Section 1245(d)(4)(B) and
(C) of the National Defense Authorization Act for Fiscal Year 2012, Public Law
27
Baker & McKenzie
112-81, and consistent with his prior determinations, that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit
a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions.
Determination by Secretary of State relating to Iran sanctions
a notice [Public Notice 8594] to the public of a determination by the Secretary of
State on November 29, 2013, pursuant to Section 1245(d)(4)(D) of the National
Defense Authorization Act for Fiscal Year 2012 (NDAA) (Pub. L. 112-81), as
amended by the Iran Threat Reduction and Syria Human Rights Act (Pub. L. 112158), that as of November 29, 2013, each of the following importers of oil from
Iran has qualified for the 180-day exception outlined in section 1245(d)(4)(D): India, Malaysia, the People’s Republic of China, the Republic of Korea, Singapore,
South Africa, Sri Lanka, Taiwan, and Turkey. The Secretary of State last made
exception determinations under Section 1245(d)(4)(D) of the NDAA regarding
these importers on June 5, 2013.
Census announces advanced export information pilot program
On January 31, 2014, the Bureau of the Census (Census) published in the Federal Register a solicitation of pilot program participants to evaluate potential rulemaking procedure. Census, in cooperation with US Customs and Border Protection (CBP), is implementing a pilot program to evaluate a new filing option in the
Automated Export System (AES). Specifically, the Advance Export Information
(AEI) pilot is a voluntary program in which selected exporters agree to submit a
limited set of Electronic Export Information (EEI) in accordance with existing filing
deadlines followed by the full set of data elements submitted within five calendar
days of the date of export. The notice provides a description of the AEI pilot, sets
forth eligibility requirements for participation. If the AEI pilot is successful, we may
discontinue the AES Post-Departure filing option and offer an AEI filing option.
Correspondence indicating interest in the AEI pilot will be accepted until April 1,
2014. Census will notify applicants if they are accepted into the pilot. The notification will provide the date that the test environment will be available and further
information about participation in the pilot. Approved pilot participants will then
have 60 days after notification of acceptance to have their systems ready and
able to transmit live AEI pilot data to the Automated Export System (AES)
BIS seeks comments on proposed revision to Defense Priorities and
Allocations System regulations
On January 31, 2014, the Bureau of Industry and Security (BIS) published in the
Federal Register a proposed rule [Docket No. 0912311453-0016-01] which would
clarify existing standards and procedures by which BIS may require that certain
contracts or orders that promote the national defense be given priority over other
contracts or orders. It also proposes new standards and procedures for such prioritization with respect to contracts or orders for emergency preparedness activities. Finally, the rule proposes new standards and procedures by which BIS may
allocate materials, services and facilities to promote the national defense. This
rule implements provisions in the Defense Production Act Reauthorization of
2009 (123 Stat. 2006) (111 Pub. L. 67) (September 30, 2009) regarding publication of regulations providing standards and procedures for prioritization of con28
Baker & McKenzie
tracts and orders and for allocation of materials, services, and facilities to promote the national defense under emergency and non-emergency conditions.
Comments must be received by April 1, 2014.
BIS amends EAR to harmonize it with Foreign Trade Regulations
On January 29, 2014, the Bureau of Industry and Security (BIS), Commerce published in the Federal Register a final rule [Docket No. 130829771–3771–01]
amending the Export Administration Regulations (EAR) to harmonize it with revisions made to the Census Bureau’s Foreign Trade Regulations (FTR) by correcting citations, nomenclature, and procedures set forth in the EAR.
The Census Bureau amended the Foreign Trade Regulations (FTR) 15 C.F.R.
Part 30, to implement a requirement for mandatory filing of export information
through the Automated Export System (AES) or through AESDirect for all shipments where a Shipper’s Export Declaration (SED) is required and to reflect new
export reporting requirements, respectively on June 2, 2008 (73 Fed. Reg. 31555)
and March 14, 2013 (78 Fed. Reg. 16366). These rules moved many requirements to different sections within the FTR and introduced new terminology, e.g.,
Electronic Export Information (EEI); they did not substantively change any of the
requirements in the EAR. This rule revises many citation references in the EAR to
the FTR, removes the term “Shipper’s Export Declaration (SED)” and adds in its
place “Electronic Export Information (EEI),” and makes other amendments to the
EAR to harmonize it with the current FTR. The rule, which was effective upon
publication, does not change any substantive portions of the EAR.
Commerce issues advisory opinion on application of “specially designed” to multipurpose die, standard packages, and IC’s
On December 13, 2013, the Assistant Secretary of Commerce for Export Administration, Kevin Wolf, issued an Advisory Opinion to the Semiconductor Industry
Association (SIA) regarding application of the term “specially designed” to multipurpose die, standard packages, and integrated circuits comprised thereof.
The opinion was sent in response to a May 13, 2013, request by the SIA submitted to BIS requesting an advisory opinion confirming that paragraph (b) of the
new definition of “specially designed” in the Export Administration Regulations
(EAR) (15 C.F.R. pts. 730-774 (2013)) “releases” multipurpose die, standard
packages, and integrated circuits comprised thereof from the term. See 78 Fed.
Reg. 22660, 22728 (Apr. I 6, 20 13) (codified in 15 C.F.R. § 772.1 (20 13)).
For purposes of the Advisory Opinion, the term “multipurpose die” means a specific die that is used in multiple applications, with the range of such applications
extending from use in commercial and industrial items (including AT-only and
EAR99 items) to use in military items. The term “standard package” means a
specific package that is an unmodified, commercial-off-the- shelf package widely
available, sold in large volume, and used in multiple applications. The phrase “integrated circuits comprised thereof” means integrated circuits that are composed
of such multipurpose dies and standard packages.
Based on the information provided in the request, and as discussed in more detail
in the letter, BIS agrees that multipurpose die, standard packages, and integrated
circuits comprised thereof, as defined above, are not “specially designed” be29
Baker & McKenzie
cause such items (i) were designed with “knowledge” of use in a wide range of
applications, or (ii) have the same function, performance capabilities, and the
same or ‘equivalent’ form and fit as a multipurpose die, standard package, or integrated circuit comprised thereof used in a wide range of applications in “production.”
BIS posts foreign import/export license requirements (Hong Kong
and Singapore)
The BIS recently posted information of foreign import/export license requirements
(Hong Kong and Singapore) which advises exporters that they should be aware
that their foreign customers may be required to obtain import and reexport licenses from their own government whether or not an individually validated US export
license is required. BIS strongly encourages US exporters to know whether foreign customers are obligated to obtain licenses. As a best practice, prior to shipment, BIS recommends US exporters provide foreign customers with the Export
Control Classification Number (ECCN) of items to be exported and request a copy
of any required licenses.
Failure of a foreign customer to honor a request to provide a copy of any required
licenses would present a “red flag” that indicates an export may be destined for
an inappropriate end use, end user or destination. (For “red flag” guidance, see
Supplement No. 3 to Part 732 of the EAR.)
Officials of Hong Kong’s and Singapore’s trade agencies recently requested that
BIS remind US exporters of their licensing requirements. Information on those
requirements may be found at:
•
Hong Kong Trade and Industry Department website
•
Hong Kong Customs and Excise Department website
•
Singapore Customs website
BIS and State amend EAR and ITAR to revise controls for former
USML items
On January 2, 2014, BIS published in the Federal Register a final rule [Docket
No.—120201082–3709–02] that implements four previously proposed rules, and
adds to the Export Administration Regulations (EAR) controls on energetic materials, personal protective equipment, shelters, military training equipment, articles
related to launch vehicles, missiles, rockets, military explosives, and related items
that the President has determined no longer warrant control on the United States
Munitions List (USML). The rule also adds to the EAR controls on items within the
scope of the Munitions List (WAML) of the Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement) that are not specifically identified on the USML or the Commerce Control List (CCL), but that were subject to USML jurisdiction. Finally, the
rule moves certain items that were already subject to the EAR to the new Export
Control Classification Numbers (ECCNs) created by this rule. This rule is being
published in conjunction with the publication of a Department of State, Directorate
of Defense Trade Controls rule revising USML Categories IV, V, IX, X, and XVI to
control those articles the President has determined warrant control in those categories of the USML. Both rules are part of the President’s Export Control Reform
Initiative. The revisions in the final rule are also part of Commerce’s retrospective
30
Baker & McKenzie
regulatory review plan under Executive Order (EO) 13563. The rule is effective
July 1, 2014.
In the same Federal Register of January 2, 2014, the Department of State published the third final rule [Public Notice 8580] amending the International Traffic in
Arms Regulations to (ITAR) to implement Export Control Reform. The rule revises five more US Munitions List (USML) categories and provides other changes.
The following changes are made to the ITAR: (i) Revision of US Munitions List
(USML) Categories IV (Launch Vehicles, Guided Missiles, Ballistic Missiles,
Rockets, Torpedoes, Bombs, and Mines), V (Explosives and Energetic Materials,
Propellants, Incendiary Agents, and Their Constituents), IX (Military Training
Equipment), X (Personal Protective Equipment), and XVI (Nuclear Weapons Related Articles); (ii) addition of a definition for the term “equipment”; (iii) continued
implementation of a new licensing procedure for the export of items subject to the
EAR that are to be exported with defense articles; and (iv) related changes to
other ITAR sections. The revisions contained in this rule are part of the Department of State’s retrospective plan under EO 13563. This rule is effective July 1,
2014.
BIS and State correct final rule on vessels of war and related items;
submersible vessels, oceanographic equipment and related items;
and auxiliary and miscellaneous items
On January 2, 2014, BIS published in the Federal Register a correction [Docket
No. 110928603–3999–02] to a final rule that appeared in the Federal Register of
July 8, 2013 (78 Fed. Reg. 40892) (here and after referred to as the July 8 rule),
which becomes effective on January 6, 2014. The July 8 rule adds to the Export
Administration Regulations (EAR) controls on military vehicles and related items;
vessels of war and related items; submersible vessels, oceanographic equipment
and related items; and auxiliary and miscellaneous items that the President has
determined no longer warrant control on the United States Munitions List (USML).
The July 8 rule also adds to the EAR controls on items within the scope of the
Munitions List (WAML) of the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement) that are not specifically identified on the USML or the Commerce
Control List (CCL) but that were subject to USML jurisdiction. Finally, the July 8
rule moves certain items that were already subject to the EAR to the new Export
Control Classification Numbers (ECCNs) created by this rule. The July 8 rule was
published in conjunction with the publication of a Department of State, Directorate
of Defense Trade Controls rule revising USML Categories VII, VI, XX, and XIII to
control those articles the President has determined warrant control in those Categories of the USML. Both rules are part of the President’s Export Control Reform
Initiative. The revisions in the July 8 final rule are also part of Commerce’s retrospective regulatory review plan under Executive Order (EO) 13563. The Department of State is also correcting today its final rule that appeared in the Federal
Register of July 8, 2013 (78 Fed. Reg. 40922). The rule is effective January 6,
2014.
In the same Federal Register of January 2, 2014, the Department of State published its correction to the amendments of the International Traffic in Arms Regulations (ITAR) [Public Notice 8566] that appeared in the July 8, 2013 (78 Fed.
Reg. 40922).. That rule amended the ITAR to revise four U.S. Munitions List
31
Baker & McKenzie
(USML) categories and provide new and revised definitions. The rule is also effective January 6, 2014.
Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the
Federal Register by the Office of Foreign Assets Control (OFAC) or by the State
Department (State) or the Bureau of Industry and Security (BIS):
F.R. Date
01-09-14
01-13-14
32
Applicable orders
State: In the Matter of the Designation of Qari Saifullah also known as (aka)
Qari Saifullah Al Tokhi aka Qari Sahab as a Specially Designated Global
Terrorist pursuant to Section 1(b) of Executive Order 13224, as amended
[Public Notice 8581] (N)
State: In the Matter of the Designation of Ansar al-Shari’a in Benghazi; aka
as Ansar al-Sharia in Libya; aka Ansar al-Shariah Brigade; aka Ansar alShari’a Brigade; aka Katibat Ansar al-Sharia in Benghazi; aka Ansar alShariah- Benghazi; aka Al-Raya Establishment for Media Production; aka
Ansar al-Sharia; aka Soldiers of the Sharia; aka Ansar al-Shariah; aka Supporters of Islamic Law; as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice
8582] (N)
State: In the Matter of the Designation of Ansar al-Shari’a in Darnah;aka
Supporters of Islamic Law; aka Ansar al-Sharia in Derna; aka Ansar alSharia in Libya;aka Ansar al- Sharia; aka Ansar al-Sharia Brigade in
Darnah; as a Foreign Terrorist Organization Pursuant to Section 219 of the
Immigration and Nationality Act, as Amended [Public Notice 8584] (N)
State: In the Matter of the Designation of Ansar al-Shari’a in Tunisia; aka AlQayrawan Media Foundation; aka Supporters of Islamic Law; aka Ansar alSharia in Tunisia; aka Ansar al-Shari’ah; aka Ansar al-Shari’ah in Tunisia;
aka Ansar al-Sharia; as a Foreign Terrorist Organization Pursuant to Section 219 of the Immigration and Nationality Act, as Amended [Public Notice
8586] (N)
State: In the Matter of the Designation of Abu Sufian Ibrahim Ahmed
Hamuda bin Qumu; aka Sufian bin Qumu; aka Sufian Ben Qhumu; as a
Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive
Order 13224, as Amended [Public Notice 8590] (N)
State: In the Matter of the Designation of Ahmed Abu Khattalah; aka Ahmad
Bukhattalah, as a Specially Designated Global Terrorist Pursuant to Section
1(b) of Executive Order 13224, as Amended [Public Notice 8589] (N)
State: In the Matter of the Designation of Ansar al-Shari’a in Benghazi; aka
Ansar al-Sharia in Libya; aka Ansar al-Shariah Brigade;aka Ansar al- Shari’a Brigade; aka Katibat Ansar al-Sharia in Benghazi;aka Ansar al-ShariahBenghazi; aka Al-Raya Establishment for Media Production; aka Ansar alSharia; aka Soldiers of the Sharia; aka Ansar al-Shariah; aka Supporters of
Islamic Law; as a Specially Designated Global Terrorist Pursuant to Section
1(b) of Executive Order 13224, as Amended [Public Notice 8583] (N)
State: In the Matter of the Designation of Ansar al-Shari’a in Darnah; aka
Supporters of Islamic Law; aka Ansar al-Sharia in Derna; aka Ansar alSharia in Libya; aka Ansar al- Sharia; aka Ansar al-Sharia Brigade in
Darnah; as a Specially Designated Global Terrorist Pursuant to Section 1(b)
of Executive Order 13224, as Amended [Public Notice 8585] (N)
State: In the Matter of the Designation of Ansar al-Shari’a in Tunisia; aka AlQayrawan Media Foundation; aka Supporters of Islamic Law; aka Ansar alSharia in Tunisia; aka Ansar al-Shari’ah; aka Ansar al-Shari’ah in Tunisia;
aka Ansar al-Sharia; as a Specially Designated Global Terrorist Pursuant to
Baker & McKenzie
F.R. Date
01-23-14
01-28-14
Applicable orders
Section 1(b) of Executive Order 13224, as Amended [Public Notice 8587]
(N)
State: In the Matter of the Designation of Saifallah Ben Hassine; aka Abou
Iyadh; aka Seif Allah Ben Hocine; aka Abou Aayadh; aka Sayf Allah ‘Umar
bin Hussayn; aka Saifallah Ben Hassine; aka Abu Ayyad al-Tunisi; aka Sayf
Allah bin Hussayn; aka Abu Iyyadh al-Tunisi; aka Abou Iyadh el-Tounsi; as
a Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as Amended [Public Notice 8588] (N)
OFAC: Additional Designations, Foreign Narcotics Kingpin Designation
Act (N)
OFAC: Additional Designations, Foreign Narcotics Kingpin Designation Act
NRC updating Consumer Product Policy Statement
On January 16, 2014, the Nuclear Regulatory Commission (NRC) published in
the Federal Register a document [NRC-2010-0292] updating its policy statement
on products intended for use by the general public (consumer products). The update reflects the NRC’s current approach to radiation protection, legislation that
has been enacted since the policy was published in 1965, and subsequent approaches taken in the NRC’s regulatory framework for exemptions. The revised
policy statement became effective on publication.
CPSC Federal Register documents
The following Consumer Product Safety Commission (CPSC) documents which
may be of interest to importers were published Federal Register during the past
month:
F.R. Date
Subject
01-15-14 Safety Standard for Bedside Sleepers [Docket No. CPSC-2012-0067] (FR)
Announcement of Consumer Product Safety Apps Challenge Under the Amer01-22-14
ica COMPETES Reauthorization Act of 2011 (N)
TTB announcements and Federal Register documents
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has posted the following
information, rulings or regulatory actions of interest to international traders:
Date
Subject
01-16-14
TTB Ruling 2014-1, Tax Classification of Snuff and Chewing Tobacco, Specifically as Related to “Gutkha” Products (Dated 01/14/2014)
TTB Procedure 2014-1, Testing of Chewing Tobacco and Snuff Products
(Dated 01/14/2014)
FDA Federal Register documents
The US Food and Drug Administration (FDA) has posted the following Federal
Register guides, notices or documents which may be of interest to international
traders:
F.R. Date
Subject
01-10-14 Unapproved and Misbranded Oral and Injectable Drugs Labeled for Prescrip33
Baker & McKenzie
F.R. Date
Subject
tion Use Containing Codeine Sulfate, Codeine Phosphate, or Dihydrocodeine
Bitartrate; Enforcement Action Dates [Docket No. FDA-2013-N-1485] (N)
Draft Guidance for Industry: Submitting Food Canning Establishment Registration Form and Food Process Filing Forms to the Food and Drug Administration in Electronic or Paper Format; Availability [Docket No. FDA-2013-D-1622]
(N)
Food and Drug Administration Modernization Act of 1997: Modifications to the
List of Recognized Standards, Recognition List Number: 033 [Docket No.
01-14-14
FDA-2004-N-0451] (N)
Guidance for Industry: Considerations Regarding Substances Added to
Foods, Including Beverages and Dietary Supplements; Availability [Docket No.
FDA–2009–D–0542] (N)
Guidance for Industry: Distinguishing Liquid Dietary Supplements From Beverages; Availability [Docket No. FDA–2009–D–0542] (N)
Current Good Manufacturing Practice for Medicated Feeds [Docket No. FDA2013-N-0002] (FR/C)
01-23-14
National Environmental Policy Act; Environmental Assessments for Tobacco
Products; Categorical Exclusions [Docket No. FDA-2013-N-1282] (PR)
Food and Drug Administration Modernization Act of 1997: Modifications to the
01-30-14 List of Recognized Standards, Recognition List Number: 034 [Docket No.
FDA–2004–N–0451] (N)
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service (APHIS)
and other US Department of Agriculture (USDA) agencies issued the following
Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]:
F.R. Date
01-10-14
01-16-14
01-17-14
01-21-14
01-22-14
01-23-14
34
Subject
FSIS: 2014 Rate Changes for the Basetime, Overtime, Holiday, and Laboratory Services Rates [Docket Number FSIS-2013-0051] (N)
AMS: Hardwood Lumber and Hardwood Plywood Promotion, Research and
Information Order; Reopening and Extension of Comment Period on Proposed
Establishment of a Program [Document No. AMS-FV-11-0074; PR-1A]
(PR/RO)
AMS: Recommendations of Advisory Committee on Universal Cotton Standards [Doc. # AMS-CN-13-0091] (N)
FSIS: Codex Alimentarius Commission: Meeting of the Codex Committee on
Food Additives [Docket No. FSIS-2013-0047] (H/RFC)
Fresh Fruits and Vegetables [Docket No. FSIS-2013-0049] (H/RFC)
Spices and Culinary Herbs [Docket No. FSIS-2013-0043] (H/RFC)
AMS: National Organic Program: Notice of Final Guidance on Certification
Requirements for Handling Unpackaged Organic Products [Document Number AMS–NOP–11–0073; NOP–11–14] (N)
AMS: Paper and Paper-Based Packaging Promotion, Research and
Information Order [Document Number AMS-FV-11-0069 FR] (FR)
APHIS: Change in Disease Status of the Patagonia South Region of Argentina
With Regard to Rinderpest and Foot-and-Mouth Disease [Docket No. APHIS2005-0096] (PR/W)
APHIS: Notice of Availability of Evaluations of the Foot-and-Mouth Disease
and Rinderpest Status of a Region of Patagonia, Argentina [Docket No.
APHIS-2013-0105] (N)
Baker & McKenzie
F.R. Date
Subject
Methods of Analysis and Sampling [Docket No. FSIS–2013–0048] (N)
Fish and Fish Products [Docket No. FSIS–2013–0045] (N)
01-28-14
APHIS: Importation of Fresh Bananas From the Philippines Into Hawaii and
U.S. Territories [Docket No. APHIS–2013–0045] (PR)
01-27-14
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.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
35
New Zealand – FAIRS - Certification
Nigeria – FAIRS - Certification
Philippines – FAIRS - Certification
Poland - Exporter Guide
Russian Fed. - Draft Customs Union SPS Measure on Veterinary Certificates
Thailand – FAIRS - Narrative
Trinidad and Tobago – FAIRS - Certification
Turkey - Turkey Delays Implementation of New Labeling System
Venezuela – FAIRS - Certification
Mexico – FAIRS - Certification
Nigeria - Exporter Guide
Mexico - FAIRS Mexico 2013
Caribbean Basin - Exporter Guide
Jordan – FAIRS - Narrative
Vietnam - New enforcement of plant quarantine regulations causes uncertainty
Senegal – FAIRS - Certification
Guatemala – FAIRS - Certification
El Salvador – FAIRS - Certification
Peru – FAIRS - Certification
Burma - Exporter Guide
Indonesia – FAIRS - Certification
Italy – FAIRS - Certification
India – FAIRS - Certification
Korea – FAIRS - Certification
Malaysia – FAIRS - Certification
Honduras – FAIRS - Certification
Canada – FAIRS - Certification
Austria – FAIRS - Certification
Thailand – FAIRS - Certification
Czech Rep. – FAIRS - Certification
Bulgaria – FAIRS - Certification
Croatia – FAIRS - Certification
Serbia – FAIRS - Certification
China - Rules for Bad Records Administration on Import Food
China - National Food Safety Standard - Honey (Draft for Comm
Ecuador - Exporter Guide
Baker & McKenzie
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Austria - Exporter Guide
Nigeria – FAIRS - Narrative
Thailand -Exporter Guide
Russian Fed. – FAIRS - Certification
Argentina – FAIRS - Narrative
United Kingdom – FAIRS - Narrative
Vietnam - MOIT Food Safety Law Implementing Circular Releas
Ecuador – FAIRS - Narrative
Senegal – FAIRS - Narrative
Russian Fed. - New Russian MRLs for Pesticides in Agricultural and Food Products
Russian Fed. - New Draft Amendments to CU Technical Regulation on Safety of Grain
Mexico - Mexico Publishes NOM to Establish Report Requirements for GE Crops
Russian Fed. - New Draft Amendments to CU TR on Safety of Fat and Oil Products
Uruguay - Food Exporters Guide
Germany – FAIRS - Narrative
Guatemala - Exporter Guide
Guatemala – FAIRS - Narrative
Hong Kong – FAIRS - Certification
Algeria - Exporter Guide
Australia – FAIRS - Certification
Chile – FAIRS - Certification
China – FAIRS - Certification
China - Revised Administrative Measures for Organic Product Certification
Costa Rica – FAIRS - Certification
El Salvador - Exporter Guide
El Salvador – FAIRS - Narrative
EU – FAIRS - Narrative
France - Exporter Guide
Commerce publishes 2014 worsted wool fabric TRQ allocation
On January 15, 2014, the International Trade Administration, Department of
Commerce (Commerce), published in the Federal Register a notice of allocation
of 2014 worsted wool fabric tariff rate quota (TRQ). Commerce has determined
the allocation for Calendar Year 2014 of imports of certain worsted wool fabrics
under tariff rate quotas established by Title V of the Trade and Development Act
of 2000 (Public Law No. 106-200), as amended by the Trade Act of 2002 (Public
Law 107-210), the Miscellaneous Trade Act of 2004 (Public law 108-249), and the
Pension Protection Act of 2006 (Public Law 109-280), and further amended pursuant to the Emergency Economic Stabilization Act of 2008 (Public Law 110-343).
The companies that are being provided an allocation are listed in the notice.
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
01-03-13
01-06-14
36
Subject
Energy: Energy Conservation Program: Test Procedures for Residential Furnace Fans [Docket No. EERE-2010-BT-TP-0010] (FR)
Environmental Protection Agency (EPA): Dimethyl Esters of Glutaric Acid
(i.e., Dimethyl Glutarate), Succinic Acid (i.e., Dimethyl Succinate), and Adipic
Baker & McKenzie
F.R. Date
01-08-14
01-09-14
01-10-14
01-13-14
01-14-14
01-15-14
01-17-14
01-22-14
01-23-14
01-28-14
01-29-14
01-30-14
37
Subject
Acid (i.e., Dimethyl Adipate); Exemption From the Requirement of a Tolerance [EPA–HQ–OPP–2012–0874; FRL–9904–57] (FR)
EPA: Pesticide Registrations Product Cancellation Order for Certain [EPA–
HQ–OPP–2010–0014; FRL–9904–23] (N)
EPA: Tolfenpyrad; Pesticide Tolerances [EPA-HQ-OPP-2012-0909; FRL9904-70] (FR)
Drug Enforcement Administration (DEA): Schedules of Controlled Substances: Temporary Placement of Four Synthetic Cannabinoids into Schedule I
[Docket No. DEA-385] (N)
US Coast Guard (USCG): 2012 Liquid Chemical Categorization Updates
[Docket No. USCG–2013–0423] (IR)
USCG: Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment; Proposed Rule [Docket No. USCG–2012–0196] (PR)
EPA: Amendment of a Pesticide Experimental Use Permit; Notice of Receipt
of Application; Comment Request [EPA–HQ–OPP–2012–0780; FRL–9904–
99] (N)
Energy: Appliance Standards and Rulemaking Federal Advisory Committee:
Notice of Open Meeting for the Commercial/ Industrial Pumps Working
Group to Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy
Conservation Standards for Commercial/Industrial Pumps [EERE-2013-BTNOC-0039] (H)
US Fish and Wildlife Service (FWS): Endangered and Threatened Wildlife
and Plants; Corrections to Rules Adding Species to the List of Endangered
Wildlife [Docket Nos. FWS–R4–ES–2011–0043; FWS–R2–ES–2013–0001;
FWS–R4–ES–2013–0026; 4500030113] (FR/C)
EPA: Greenhouse Gas Reporting Program: Amendments and Confidentiality
Determinations for Fluorinated Gas Production [EPA–HQ–OAR–2009–0927;
FRL–9905– 48–OAR] (PR/E)
EPA: Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations [EPA-HQ-OPP-2013-0069; FRL-990461] (N)
EPA: Pesticide Products; Registration Applications for New Active Ingredients [EPA-HQ-OPP-2013-0026; FRL–9904–69] (N)
National Highway Traffic Safety Administration (NHTSA): Exemption From
Vehicle Theft Prevention Standard [Docket No. NHTSA–2014–0007] (PR)
EPA: Dinotefuran; Pesticide Tolerances for Emergency Exemptions [EPAHQ-OPP-2012-0755; FRL-9402-8] (FR)
EPA: Acetochlor; Pesticide Tolerances [EPA-HQ-OPP-2012-0829; FRL9904-19] (FR)
EPA: Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide
Registrations [EPA-HQ-OPP-2009-0207; FRL-9904-26] (N)
NHTSA: Reports, Forms, and Recordkeeping Requirements [Docket No.
DOT–NHTSA–2013–0142] (N/RFC)
Commerce/ITA: Quarterly Update to Annual Listing of Foreign Government
Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty
Energy: Energy Efficiency Program for Consumer Products: Energy Conservation Standards for General Service Lamps [Docket No. EERE–2013–BT–
STD–0051] (E)
DEA: Schedules of Controlled Substances:
Temporary Placement of 10 Synthetic Cathinones into Schedule I [Docket
No. DEA–386] (N)
NHTSA: Federal Motor Vehicle Safety Standards; Child Restraint Systems,
Child Restraint Systems—Side Impact Protection, Incorporation by Reference [Docket No. NHTSA–2014–0012] (PR)
EPA: Indaziflam; Pesticide Tolerances [EPA–HQ–OPP–2013–0014; FRL–
9903–88] (FR)
DEA: Controlled Substances: 2014 Proposed Aggregate Production Quota
for Three Temporarily Controlled Synthetic Phenethylamines [Docket No.
Baker & McKenzie
F.R. Date
01-31-14
Subject
DEA–387P] (N)
EPA: Diflubenzuron; Pesticide Tolerances [EPA–HQ–OPP–2012–0515;
FRL–9904–27] (FR)
CBP launches new AD/CVD website
CSMS #14-000066 dated January 31, 2014 (as corrected by CSMS #14-000067)
announced that US Customs and Border Protection (CBP) CBP launched a new
updated site on for antidumping and countervailing duty (AD/CVD) instructions
from the US Department of Commerce.
The new “ADDCVD Search” site allows CBP to provide faster and more accurate
access to copies of publicly-available AD/CVD instructions, with extensive search
functionality. The site provides for automatic posting of copies of active public
AD/CVD instructions from CBP’s Automated Commercial Environment (ACE).
The site, which includes AD/CVD cash deposit, liquidation, scope ruling, and other public AD/CVD instructions, will assist importers and other members of the
trade with their AD/CVD compliance, and help to facilitate legitimate trade.
While providing faster access to the trade to AD/CVD instructions, the new automated site also saves CBP significant man hours in manually processing and
reformatting of AD/CVD instructions required under the previous ADDCVD
Search web site. This is part of CBP’s effort to automate AD/CVD functionality
and focus resources on AD/CVD evasion enforcement.
ACE account holders also may access official copies of publicly-available
AD/CVD instructions directly through CBP’s ACE system. ACE is the system of
record for AD/CVD messages and case information. ACE account holders can
also access extensive AD/CVD official case information, including AD/CVD case
numbers, exporter and manufacturer names, and AD/CVD cash deposit rates.
ITC permits former employees to represent parties in subsequent
five-year reviews
On January 17, 2014, the US International Trade Commission (ITC) published in
the Federal Register a notice of a clarification in agency practice regarding appearances by former ITC employees in multiple five-year reviews stemming from
the same underlying Title VII investigation. Former employees of the ITC may
now represent a party in a five-year review conducted under title VII of the Tariff
Act of 1930 even if they participated personally and substantially in an earlier fiveyear review of the same corresponding underlying original title VII investigation
while an ITC employee. The five-year review is not the same particular matter as
the underlying original investigation and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for the
purpose of applying post employment restrictions. In addition, former employees
seeking to appear in a later five-year review will no longer be required to seek
approval to appear before the ITC, pursuant to ITC rule 201.15(b) (19 C.F.R. §
201.15(b)), even if the underlying original investigation or an earlier review had
been pending when they were employed by the ITC.
38
Baker & McKenzie
The Americas - South America
Argentina
Boletin Oficial publications
The following Decrees, Administrative Decisions and Resolutions (Res.) which
may be of interest to international traders were published in the Boletin Oficial de
la Republica Argentina (Official Gazette) or the Customs Bulletin during the period
covered by this Update [Unofficial translation].
BO Date
07-01-14
09-01-14
13-01-14
15-01-14
16-01-14
21-01-14
22-01-14
Subject
Federal Administration of Public Revenue (AFIP): General Resolution №
3577 (6 Jan. 2014) Operations definitive export of goods. Collection regime.
Implementation.
AFIP: Gen. Res. № 3578 (7 Jan. 2014) Preventive reference values. Gen.
Res. № 2716 and 3557. Additional standards.(Exports)
Decree 2285 (20 Dec. 2013) exempting from the payment of duty and taxes
products originating in countries participating in the “XXVII Feria
Internacional Multisectorial Expo Unión de las Naciones”.
Ministry of Foreign Affairs: Res. № 641/2013 (18 Dec. 2013) List of persons
subject to the measures imposed by the Security Council of the United
Nations with respect to Libya
Ministry of Foreign Affairs: Res. № 640/2013 (18 Dec. 2013) List of persons
subject to the measures imposed by the Security Council of the United
Nations with respect to Sudan
Ministry of Foreign Affairs: Res. № 682/2013 (27 Dec. 2013) Making known
the measures imposed by the Security Council of the United Nations with
respect to North Korea
AFIP: Gen. Res. № 3579 (20 Jan. 2014) Purchases from overseas
suppliers. Affidavit acquirer
AFIP: Gen. Res. № 3581 (21-01-14) Customs guarantees, updated
amounts. Foreign trade operators. Bonded Warehouses and port terminals.
Amending standards
Decree 58/2014 (16 Jan. 2014) – Exemption from duties and import taxes
for products from countries participating in the “International Fair of Villa
Gesell”
Brazil
Diário Oficial da União publications
The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official
Gazette) during the period covered by this Update.
DOU
Date
30-12-13
39
Subject
CAMEX Resolution № 125, of 26 Dec. 2013 Changes the Brazilian List of
Exceptions to the Common External Tariff of MERCOSUR - LETEC.
Baker & McKenzie
DOU
Date
31-12-13
03-01-14
06-01-14
23-01-14
Subject
CAMEX Resolution № 126, of 26 Dec. 2013 Establishes the conditions for
the marketing of the transactions under the terms of the Export Financing
Program - PROEX
SECEX Circular № 79 of 30 Dec. 2013 -.extends for thirty (30) days the
period of Public Consultation for changes of Decree No. 1,751, 1995.
Rectification of CAMEX Resolution № 125, 2013 Rectification
SECEX Ordinance № 01, of 03 January 2014 - Establishes criteria for
allocation of quota for imports, determined by CAMEX Resolution 125, of
December 26, 2013.
SECEX Ordinance № 02 of 22 Jan. 2014 -. Discipline for legal
representation of interested parties (domestic or foreign companies) in trade
defense cases
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 is dd/mm/yy.
Date
06-01-14
08-01-14
09-01-14
13-01-14
14-01-14
16-01-14
21-01-14
40
Subject
NCS: Res. № 0059 – (03-01-14) Amendment to Res. № 7591/12 DNA on
Maritime Electric transmission Join Manifesto.
Agriculture and Livestock: Res. № 8577 Makes health requirements for the
entry of horses under the regime of temporary admission and repeal Resolution No. 1808, 1990
Agriculture and Livestock: Res. № 8542 Approves technical instructions for
the analysis of alcohol, alcohol, and vinegar must import, and repeal Resolution № 228, 2011
Hacienda: Decree 390 International Fair Declaration for the Energy Efficiency Expo 2014
Hacienda: Decree 388 International Fair Declaration for the “Feria Sicur Latinoamérica 2014”
Hacienda: Decree 389 International Fair Declaration for the “Hospital Expo
2014”
NCS: Res. № 0136 of 07-01-14) - Approval optionally via web processing
“Permit Application for Extension of Temporary Entry of Vehicles” and their
filling instructions.
Foreign Affairs: Decree № 92 signing of Agreement to modify the Free Trade
Agreement between Canada and Chile
NCS: Res. № 13579 Launch of Electronic System for Indicating and Modifying the Compendium of Customs Norms
NCS: Res. № 14235 Introduce Modificaciones Para El Llenado De Las Din
Que Amparen Mercancías De Partidas Arancelarias Que Indica
NCS: Circular No. 19 – (17-01-14) Upgrade table. Circ. No. 34 of 31-01-13,
product factors ODP HCFC’s and mixtures thereof.
NCS: Res. № 14224 Amending the Compendium of Customs Norms
NCS: Res. № 12710 Authorizing Temporary Admission Arrangements for the
Baker & McKenzie
Date
22-01-14
24-01-14
25-01-14
29-01-14
Subject
country vehicles to be used in The Rally Dakar Argentina - Bolivia - Chile 2014
NCS: Res. № 59 Amending Res. № 7591 of 2012
NCS: Res. № 14361 Approved electronic processing “application to qualify
the uninterrupted stay abroad”, “application for certificate of value” and “application for reduction or waiver of penalty or re-customs clearance”
NCS: Res. № 14229 Establishing procedures for applications for modification of customs documents
NCS: Res. № 14223 eliminating indicated tariffs and leave without effect on
table established in FAX Circular № 5600 of 1996 and amending Compendium of Customs Regulations (Norms)
Hacienda: Decree № 19 Application of rebates of customs duties on imports
of raw sugar, and refined sugar degrees 1 2 and refined sugar grade 3 & 4,
and substandard sugar
Hacienda: Decree № 12 Add Customs station “Puerto Punta Totoralillo” in
the Community of Caldera, Atacama Region Three
Hacienda: Decree № 1 Declaring as International Fairs “Edifica 2015”,
“Expohormigón 2015” and “Conexpo Latin América 2015”
Foreign Affairs: Decree № 109 promulgating the agreement between the
Republic of Chile and Argentine Republic on the establishment and operation
of an integrated border control at Huahum
Foreign Affairs: Decree № 108 promulgating the agreement between the
Republic of Chile and Argentine Republic on the establishment and operation
of an integrated border control at Icalma
Agriculture and Livestock: Res. № 6962 Establishing phytosanitary requirements for importing Rhizomes of Hops (Humulus Lupulus) for propagation
from the member states of the European Community
Agriculture and Livestock: Res. № 7850 amending Resolution № 2677,
1999, import regulations providing for grains and other products intended for
consumption and processing
Classification opinions, advance rulings and classification valuation
and origin decisions
The National Customs Service has recently redesigned its website. Advance
Classification Rulings (Resoluciones Anticipadas Clasificación) from 2010 to the
present and Classification Opinions (Dictámenes de Clasificación) from 19932009 are available. Post entry Classification, valuation and origin decisions on
claims (fallos de reclamaciones) at the first and second instance levels from 2003
to the present are also available.
Colombia
TPTA information
Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be
found here. Sample (non-mandatory) Certificates of Origin are available here.
Tariff Classification Resolutions
Tariff Classification Resolutions issued in 2013 may be found at
http://www.dian.gov.co/DIAN/13Normatividad.nsf/pages/Clasificacion_arancelaria
s_2013. For prior years, please see
http://www.dian.gov.co/DIAN/13Normatividad.nsf/pages/Clasificaciones_arancela
rias.
41
Baker & McKenzie
MinCIT, Hacienda 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
27-12-13
08-01-14
15-01-14
16-01-14
30-01-14
Subject
MinCIT: Circular 037, 2013. Decree 2909 of 2013 by which a quota for the
import of electric and hybrid vehicles are set.
MinCIT: Circular 001 2014 Effective 2014 - Updated computer services values VUCE
DIAN: Circ. № 000001_2014 Reference Price of Agricultural Products.
DIAN: Circ. № 1748_2014 Ad-Valorem taxes applicable to agricultural products reference their substitutes, agroindustrial products or byproducts.
MinCIT: Circular 002 2014 New service of the inspection module simultaneously SIIS- export goods that are shipped from a different customs office
DIAN: Circ. № 1755_2014 Ad-Valorem taxes applicable to agricultural products reference their substitutes, agroindustrial products or byproducts.
Peru
Tariff Classification database
A searchable Tariff Classification Resolution (ruling) database (from 2006 through
the present) is available. It may be searched by the tariff number, resolution
number, or description. The database currently has approximately 7400 resolutions, some with photographs.
SUNAT and El Peruano publications
The following documents of interest to international traders were posted during
the past month by SUNAT (National Customs Superintendent and Tax Administration) or in the legal standards section of El Peruano (the Official Gazette) (ddmm-yy):
Date
Subject
Congress: Legislative Res. № 30145 approving framework agreement be04-01-14 tween Peru and Brazil for the establishment of the Peru-Brazil Integrated
Border Zone.
Economics and Finance: Vice Min. Res. № 001-2014-EF/15.01 CIF reference prices for the application of the additional duty or tariff reduction re08-01-14
ferred to in DS № 115-2001-EF on imports of corn, sugar and whole milk
powder
Foreign Affairs: Entry into force of the Framework Agreement for the Implementation of the Integrated Control Systems for Cooperation and Facilitation
09-01-14
of Transit at the Border Crossings Between the Republic of Peru and Republic of Chile
Economics and Finance: Sup. Decree № 002-2014-EF Approved regulations
10-01-14 of Law № 30131 authorizing National Customs and Tax Adm (SUNAT) to
dispose of goods
SUNAT: Res. № 000002-2014-SUNAT/300000 Replaces the relationship
11-01-14 between frequent importers approved under Res. of the National Adjunct
Superintendency of Customs № 432-2012-SUNAT/A .
Agriculture and Irrigation: Dir. Res. № 0042-2013-MINAGRI SENASA DSV
13-01-14 Amendment of phytosanitary requirements established by SENASA for the
Additional Declaration that conforms to the phytosanitary declaration for im42
Baker & McKenzie
Date
15-01-14
16-01-14
18-01-14
21-01-14
24-01-14
26-01-14
29-01-14
Subject
portations of plants, vegetable products and regulated articles
Foreign Trade and Tourism: Min. Res. № 026-2014-MINCETUR authorizing
representatives to participate in the first round of negotiations for a PeruTurkey FTA
SUNAT: Res. № 008-2014/SUNAT approving the arrangement of charges in
the Table of Staffing – CAP SUNAT.
Foreign Affairs: Ratify the Framework agreement between Peru and Brazil
on an integrated border zone
Foreign Affairs: Min. Res. № 0026/RE-2014 publishing substantive paragraphs of UN Security Counsel Res. 2132 (2013) on the situation in South
Sudan
SUNAT: Res. № 016-2014/SUNAT Establishing simplified enrollment in the
Registry of Controlled Goods
Foreign Affairs: Framework Agreement for the implementation of integrated
control systems for cooperation in facilitating border crossings between Peru
and Chile
Economics and Finance: Vice Min. Res. № 002-2014-EF/15.01 CIF reference prices for the application of the variable duty or tariff reduction for corn,
sugar, rice and whole milk powder [DS № 115-2001-EF]
Health: Res. № 061-2014/MINSA Approved list of active pharmaceutical
ingredients – less stable IFAs
SUNAT: Res. № 01-2014/SUNAT/3A0000 Modifies the non-intrusive inspection procedure, Physics and physical inspection of goods in the Callao Maritime customs intendencia INTA-PE.00.13 (version 1)
Asia-Pacific
[Please note that material pertaining to the Eurasian Economic Community (EurAsEC) and the Customs Union between Russia, Belarus and Kazakhstan is
shown under EUROPE.]
Australia
Commencement of the new Infringement Notice Scheme
Australian Customs and Border Protection Notice No. 2014/07 dated 29 January
2014 advises the public regarding the new Infringement Notice Scheme (INS).
The Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013 (Organised Crime Act) received Royal Assent on 28 May
2013. The legislation made significant changes to the Customs Act 1901 INS.
These changes improve the utility of the INS by increasing penalties to encourage
greater compliance and to move aspects of the scheme into the Customs Regulations to provide some flexibility and simplification.
The new Customs Act INS comes into effect on 1 February 2014 when the Customs Amendment (Infringement Notices) Regulation 2013 commences. We have
published an INS Guide on the Australian Customs and Border Protection Service
(ACBPS) website, which explains the ACBPS approach to issuing an infringement
notice and set outs the amount payable under an infringement notice for a natural
person or body corporate who has allegedly committed an offence.
The INS Guide incorporates some of the feedback ACBPS received from industry
and others during the exposure draft period (see ACBPN 2013/52).
43
Baker & McKenzie
The current Customs Act INS and INS Guidelines continue to apply where the
date of the alleged offence occurred before 1 February 2014, even if the infringement notice is issued on or after 1 February 2014. The new Customs Act INS and
Guide apply where the date of the alleged offence occurs on or after 1 February
2014.
ACBPS notices and advices
The following ACBPS Notices (ACBPS) and Cargo advices (ACCA) were issued
during the period covered by this Update:
Date
Series and №
24-01-14 ACBPS 2014/03
29-01-14 ACBPS 2014/07
Title
Indexation of certain customs and excise duty rates - 1
February 2014
Commencement of the new Infringement Notice Scheme
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.
China (including Hong Kong SAR)
SEMB adjusts Catalogue for Administration of Import of Encryption
Products and Equipment Containing Encryption Technology
On 31 December 2013, the State Encryption Management Bureau (SEMB) issued
Announcement No. 27 and adjusted the Catalogue for the Administration of Import of Encryption Products and Equipment Containing Encryption Technology
(the Adjusted Catalogue), replacing the Catalogue for the Administration of Import
of Encryption Products and Equipment Containing Encryption Technology (First
Batch) annexed to SEMB Notice No. 18 and effective on January 1, 2010 (the
Original Catalogue). The new Catalogue was effective from January 1, 2014.
The Adjusted Catalogue now clearly excludes: (a) smart cards for digital TV, (b)
Bluetooth modules, and (c) dongles used for intellectual property protection purposes from the scope of commercial encryption products which are subject to an
Import Permit requirement.
Prior to this adjustment, there have been quite a few cases where SEMB and / or
Customs queried importers of security tokens with encryption and detained some
shipments at several ports of entry in China.
Password cards no longer subject to the Import Permit requirement under the Adjusted Catalogue, may also no longer be subject to other encryption controls such
as use, export, development, production and sale of commercial encryption products in China.
44
Baker & McKenzie
For a list of products covered by the Adjusted Catalogue, please see the Client
Alert: Adjustment to the Catalogue for the Administration of Import of Encryption
Products and Equipment Containing Encryption Technology prepared by our
Hong Kong office. If you have any questions on this subject, please contact William Marshall or Anne Peng of the Hong Kong office or Jon Eichelberger of the
Beijing office.
China Issues new Customs valuation regulations
On 25 December 2013, the General Administration of Customs of the People’s
Republic of China (“GAC”) issued two new regulations on customs valuation, both
effective from 1 February 2014. GAC Order No. 213, entitled Measures of Customs of the People’s Republic of China for the Determination of Dutiable Value of
Imports and Exports, will replace the existing regulation with the same title issued
under GAC Order No. 148 on 28 March 2006. In addition, GAC Order No. 211,
entitled Measures of Customs of the People’s Republic of China for the Determination of Dutiable Value of Domestic Sales of Bonded Goods, is an entirely new
regulation specifically providing for the valuation of bonded goods sold within the
territory of China.
Changes to the Customs Value Regulations under Order 213:
•
Customs may consider the circumstances of a sale in determining the acceptability of transaction value between related parties
•
Calculation of international freight for imported goods
•
Commissions in the valuation of exported goods
Valuation topics covered by Order 211:
•
Bonded materials or finished goods (including defective and substandard goods)
sold by a contract manufacturer located within the territory of China
•
Bonded waste and scrap materials, by-products and residue after accidents sold
by a contract manufacturer located within the territory of China
•
Bonded waste and scrap materials, by-products and residue after accidents sold
by a contract manufacturer located within the territory of China
•
Bonded materials or finished goods sold by a manufacturer located within a customs bonded area
•
Bonded scrap, defective or substandard products and by-products sold by a manufacturer located within a customs bonded area
•
Bonded goods imported into a customs bonded area for logistics, inspection and
exhibition purposes and sold within the territory of China
•
Bonded goods for Research and Development (“R&D”) in a customs bonded area
and sold within the territory of China
Please see the client alert reviewing the two new regulations in detail and the implications on customs valuation in China. If you have any questions on this subject, please contact William Marshall of the Hong Kong office or Jon Eichelberger
of the Beijing office.
45
Baker & McKenzie
State Council approves 2014 Tariff Implementation Plan
On December 11, 2013, the Tariff Commission of the State Council announced
the 2014 Tariff Implementation Plan [Tax Authority [2013] № 36关于2014年关税
实施方案的通知税委会〔2013〕36号] had been approved by the State Council and
would enter into force on January 1, 2014.
The 2014 plan continues and adjusts certain tariff rate quotas and MFN rates. It
adjusts the tariff rates under certain tariff and trade agreements for the AsiaPacific (S. Korea, India, Sri Lanka, Bangladesh, Laos), ASEAN (Brunei, Indonesia, Malaysia, Singapore, Thailand, Philippines, Vietnam, Myanmar, Laos and
Cambodia), Pakistan, New Zealand, Singapore, Peru, Chile, Costa Rica, Hong
Kong, Macao and Taiwan. In addition, the plan sets special rates for certain
lesser developed countries (LDC’s) and Vanuatu and Equatorial Guinea that have
graduated from LDC status but remain in a transitional period. In general, the export tariff rates remained the same.
MOFCOM and GAC notices
The following Ministry of Commerce (MOFCOM) and General Administration of
Customs (GAC) documents were posted during the period covered by this Update
(mm-dd-yy):
Date
Series and №
12-30-13 GAC Decree № 211
GAC Decree № 212
12-31-13
GAC Decree № 213
01-02-14 GAC Notice № 2, 2014
GAC Notice № 1, 2014
01-03-14
GAC Decree № 214
01-09-14 GAC Notice № 5, 2014
01-14-14 GAC Notice № 6, 2014
01-15-14 GAC Notice № 7, 2014
01-18-14 GAC Notice № 8, 2014
01-22-14 GAC Notice № 9, 2014
01-26-14 GAC Notice № 10, 2014
46
Subject
Measures of Customs of the PRC for the Determination of Dutiable Value of Domestic Sales of Bonded
Goods
Customs decision on revising the “China Customs
temporarily imported or exported goods management
approach”
Measures of Customs of the PRC for the Determination of Dutiable Value of Imports and Exports – eff:
02-01-14
notice of publication of goods classification decisions
and annulled decisions
imports of milk and cream, not concentrated, originating in New Zealand part of the implementation of the
special safeguard measures Announcement
entry and exit road transport freight manifests electronic transmission packet format V1.0
Annual notice on Chinese Customs statistics
Customs decision on revising the “Taiwan Republic
of China Customs on Dadeng small commodities
trading market management approach
development of automobile imports transit operations
between the automobile import port
inbound and outbound international voyages agency
filing electronic payment notice tonnage tax
on entry and exit road transport and cargo manifests
electronic data items related matters in the notice
imports of solid non-concentrated milk and cream in
solid form originating in New Zealand and special
safeguard measures
IPR customs protection system
Anti-dumping and countervailing duties on solar
grade polysilicon originating in the United States and
Baker & McKenzie
Date
Series and №
Subject
South Korea
dotNET coding standards
The way to code - additional customs supervision
announcement
01-28-14 GAC Notice № 11, 2014
01-29-14 GAC Notice № 12, 2014
Antidumping and Countervailing Duty Cases
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) were issued during the period covered by this Update:
Date
09-01-14
Series and №
Cir. 01/2014-Cus.
Cir. 02/2014-Cus.
15-01-14 Not. 2/2014-Cus NT
17-01-14 Not. 01/2014-Cus T
20-01-14 Not. 02/2014-Cus T
21-01-14 Not. 5/2014-Cus NT
27-01-14 Not. 03/2014-Cus T
28-01-14 Not. 7/2014-Cus NT
Subject
Classification of Human Embryo
Classification of “Transmission shafts / Power takeoff
(PTO) shafts” in the HS Harmonised Customs Tariff
Amends Notification No. 36/2001-Customs (N.T.), dated the 3rd August, 2001, setting tariff values for certain
commodities
Exempts materials imported into India against an Advance Authorisation issued in terms of paragraph 4.1.3
of the Foreign Trade Policy meant for export of a prohibited item
Substitution of duty rate – 10%
Amends Notification No.98/2013-Cus(NT) dated
14.9.2013 re: tariff entries and duty rates
Substitution of duty rate -5% for nil
Revision to No.152/84-Customs, dated the 15th May,
1984 re: Bhutan
Indonesia
Regulations and other legal documents
The following import or export regulations and other documents were issued by
the Ministry of Trade (T), the Ministry of Finance (F) or Customs & Excise (CE)
(dd-mm-yy).
Date
Reference
30-12-13 Circular No. 23/BC/2013
47
Matter
(CE) About Research Guidelines of Certificate of
Origin (SKA) Relating to Amendment Scheme Operational Certification Procedures In Asean-Korea Free
Trade Area (AKFTA) and Asean Trade-In Goods
Baker & McKenzie
Date
Reference
KMK-2596/KM.4/2013
207/PMK.011/2013
31-12-13
208/PMK.11/2013
75/M-DAG/PER/12/2013
02-01-14
82/M-DAG/PER/12/2013
80/M-DAG/PER/12/2013
03-01-14
02/M-DAG/PER/1/2014
07-01-14
Customs Rule No.
1/BC/2014
6/PMK.011/2014
11-01-14
04/M-DAG/PER/1/2014
15-01-14
17-01-14
10/PMK.011/2014
11/PMK.011/2014
24-01-14
08/M-DAG/PER/1/2014
142/KM.4/2014
30-01-14
Matter
Agreement (ATIGA)
(F) Determination of Export Price for Calculating
Duty
(F) Amendment to the Regulation of the Minister of
Finance No. 62/PMK.011/2010 on Customs Tariff
Ethyl Alcohol, Beverages Containing Ethyl Alcohol,
Ethyl Alcohol Containing Concentrate
(F) Determination of Rates of Import Duty on imported goods in the framework of the ASEAN-AustraliaNew Zealand Free Trade Area (AANZFTA)
(T) Provisions New Capital Goods Imports
(T) Export Reference Price Top Products Mining
subjected Duty
(T) Top Export Reference Price of Agricultural and
Forestry Products subjected Duty
(T) Amendment to the Regulation of the Minister of
Trade About 29/M-DAG/PER/6/2013 technical verification Against Palm Oil Exports
(CE) Procedures for the Collection of Excise on
Ethyl Alcohol, Beverages Containing Ethyl Alcohol,
Concentrate Containing Ethyl Alcohol
(F) Minister of Finance Regulation No. dated January 11, 2014, on the Second Amendment to the
Regulation of the Minister of Finance No.
75/PMK.011/2012 on the Determination of Export
Goods subjected Duty and Tariff
(T) Provisions of Mining Products Export Processing
and Refining Results
(T)Top Export Reference Price of Agricultural and
Forestry Products subjected Duty
(F) Decree about stipulation for calculation of export
duty
Malaysia
Federal Government Gazette
The following documents were published in the Warta Kerajaan Persekutuan Federal Government Gazette
Date
09-01-14
16-01-14
20-01-14
23-01-14
29-01-14
30-01-14
48
Matter
P.U. (A) 12/2014 Customs (Values) (Crude Petroleum Oil) Order 2014 - Customs Act 1967
P.U. (A) 17/2014 Customs (Values) (Crude Petroleum Oil) (No. 2) Order 2014 Customs Act 1967
P.U. (A) 20/2014 Customs (Prohibition of Imports) (Amendment) Order 2014
- Customs Act 1967
P.U. (A) 24/2014 Customs (Values) (Crude Petroleum Oil) (No. 3) Order 2014
- Customs Act 1967
P.U. (B) 37/2014 Notice of initiation of administrative review of the antidumping duty on imports of newsprint in rolls originating in or exported from
Canada, Indonesia, S.Korea, The Philippines and USA - Countervailing And
Anti-Dumping Duties Act 1993
P.U. (A) 34/2014 Customs (Values) (Palm Oil) Order 2014 - Customs Act 1967
P.U. (A) 38/2014 Customs (Values) (Palm Kernel) Order 2014 - Customs Act
1967
Baker & McKenzie
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.
Europe
European Union and EFTA
EFTA conducts 11th round of free trade negotiations with Russia,
Belarus and Kazakhstan
On 31 January 2014, the European Free Trade Association (EFTA) announced
that it pursued its talks with the member states of the customs union of Russia,
Belarus and Kazakhstan from 27 to 30 January 2014 in Astana, Kazakhstan. The
Member States of EFTA are Norway, Iceland, Switzerland and Liechtenstein. The
announcement stated:
At the round, delegations focused on issues related to trade in goods, including customs and origin as well as sanitary and phytosanitary matters. Further areas covered
by expert groups were: intellectual property rights; government procurement; competition; sustainable development; and institutional and horizontal questions.
The EFTA team was headed by Mr Jan Farberg, Director General at the Norwegian
Ministry of Trade and Industry, while Ms Ekaterina Mayorova, Deputy Director at the
Ministry of Economic Development of the Russian Federation, led the delegations of
the customs union states.
The two sides agreed to continue their negotiation process with dedicated expert
meetings and a next full round scheduled to take place in April 2014.
EEA-Lex: tracking incorporation of EU law into the EEA Agreement
On 27 January 2014, the European Free Trade Association (EFTA) announced
that it is launching an interactive service that offers detailed information on the
status of EU legal acts under consideration or acts already incorporated into the
EEA Agreement. The announcement stated:
Since the entry into force of the EEA Agreement 20 years ago, nearly all EU legislation
covering the internal market has been extended to Iceland, Liechtenstein and Norway.
In total, more than 9 500 EU directives, regulations and decisions have been part of
the Agreement, of which around 5 000 are in force today. At the same time, new acts
are under consideration for incorporation.
To enable stakeholders to keep track of the status of adopted EU acts that may become or are already part of the EEA Agreement, EFTA now offers a quick lookup tool
onhttp://efta.int/eea-lex%20www.efta.int/eea-lex.
Based on the EU act’s Celex number, EEA-Lex returns information on the EEA status
of the act. For incorporated acts, this includes for example the entry into force date,
links to the relevant EU act and EEA Joint Committee Decision, and information on
whether the act is still in force. EEA-Lex will indicate if an act is under consideration by
the EEA EFTA States or if discussions with the EU have started based on a draft EEA
Joint Committee Decision.
49
Baker & McKenzie
EEA-Lex uses Celex numbers to retrieve bibliographical data. Other search criteria will
be available in future developments of the service.
In the future, EEA-Lex will also include links to the Icelandic and Norwegian translations of incorporated EU acts and their relevant Joint Committee Decisions.
Expert group to advise European Commission on EU-US trade talks
On 27 January 2014, the European Commission launched a special Advisory
Group of experts representing a broad range of interests, from environmental,
health, consumer and workers’ interests to different business sectors to provide
EU trade negotiators with high quality advice in the areas being negotiated in the
Transatlantic Trade and Investment Partnership (TTIP) talks.
The Advisory Group complements transparency initiatives, such as stakeholder
consultations during negotiating rounds and regular debriefing through the EU’s
Civil Society Dialogue (CSD). The group’s role is consultative, with the aim to examine specific challenges which may arise during the TTIP negotiations in their
fields of expertise, and to provide candid feedback to EU negotiators. Ignacio
Garcia Bercero, the EU chief negotiator, will chair the group and work directly with
the experts. To enable them to provide the best advice possible, he will share detailed information about progress in the talks, and for the first time, will also when
necessary share EU negotiating documents, in a manner that ensures confidentiality.
The group (which will operate in line with the Commission’s standard Rules on
Expert Groups) met informally on 21 January 2014 to discuss initial working arrangements and practical details. The first full working session will be held on 25
February 2014.
Details of the group’s meetings, including agendas and meeting reports, will be
published on the TTIP website and on the public Register of Expert Groups.
EU and Eastern and Southern Africa region meet in Brussels
The European Commission announced that the third meeting of the EPA Committee under the interim Economic Partnership Agreement (iEPA) between the EU
and the Eastern and Southern Africa (ESA) region was held in Brussels on 28
January 2014. Meeting back-to-back with the EPA Committee, the two SubCommittees – the Customs Cooperation Committee and the Joint Development
Committee –discussed trade, customs and cooperation issues related to iEPA
implementation. The ESA countries of Madagascar, Mauritius, Seychelles and
Zimbabwe all participated in the meetings.
Public consultation on EU-US trade deal on investment and investor-state dispute settlement
On 22 January 2014, EU Trade Commissioner Karel De Gucht said the European
Commission will consult the public on the investment provisions of a future EUUS trade deal, known as the Transatlantic Trade and Investment Partnership
(TTIP). The decision, announced by the Commissioner during a speech in Düsseldorf, follows unprecedented public interest in the talks. It also reflects the
Commission’s determination to secure the right balance between protecting European investment interests and upholding governments’ right to regulate in the
public interest.
50
Baker & McKenzie
EU releases report on export controls of military technology and
equipment
On 21 January 2014, the Official Journal published the Fifteenth Annual Report
According to Article 8(2) of Council Common Position 2008/944/CFSP Defining
Common Rules Governing Control of Exports of Military Technology and Equipment (2014/C 18/01) which covers activities undertaken by the EU and its Member States in the framework of the implementation of Council Common Position
2008/944/CFSP throughout 2012 and 2013. As far as data on conventional arms
exports are concerned, the report covers the 2012 calendar year.
During 2012 and 2013, the EU and its Member States continued to implement Common Position 2008/944/CFSP defining common rules governing control of exports of
military technology and equipment, which replaced in 2008 the EU Code of Conduct
on arms exports in force since June 1998.
Article 15 of the Common Position establishes that the Common Position shall be reviewed three years after its adoption. On this basis, the Council, assisted by the Working Party on Conventional Arms Exports (COARM), has carried out a thorough assessment of the provisions and implementation of the Common Position. The preliminary results of such assessment, as noted in the Foreign Affairs Council conclusions
of 19 November 2012, have confirmed the soundness of the text of the Common Position to further promote the convergence of Member States’ export policies. A number
of areas for further improvement relating to the concrete implementation of the Common Position have been identified by the review and are currently being worked out.
The following third countries have officially aligned themselves with the criteria and
principles of Common Position 2008/944/CFSP: Bosnia and Herzegovina, Canada,
the former Yugoslav Republic of Macedonia, Iceland, Montenegro and Norway. A specific information exchange system between the EU and third countries aligned with the
Common Position is in place since 2012.
The EU and its Member States continued to play a leading role in the Arms Trade
Treaty process, thoroughly preparing for, and actively participating in the UN Conferences on the Arms Trade Treaty in July 2012 and March 2013. Outreach to third countries in support of the Arms Trade Treaty was carried out in the context of Council Decision 2010/336/CFSP ( 4 ) and Council Decision 2013/43/CFSP ( 5 ) on EU activities
in support of the Arms Trade Treaty.
In line with its early committed support to the ATT, the EU intends now to promote its
early entry into force. All EU Member States have already signed the Arms Trade
Treaty and ratification is now underway depending on the relevant national procedural
requirements.
Iran sanctions eased for six months as part of Joint Action Plan
On 20 January 2014, the Official Journal published Council Regulation of 20 January 2014 amending Regulation (EU) No 267/2012 concerning restrictive
measures against Iran [2014/42/EU] and Council Decision 2014/21/CFSP of 20
January 2014 amending Council Decision 2010/413/CFSP concerning restrictive
measures against Iran which eased for six months, the restrictive measures
against Iran in accordance with the 24 November 2013, Joint Plan of Action
agreement reached with Iran by China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy. The Joint Action
Plan sets out an approach towards reaching a long- term comprehensive solution
to the Iranian nuclear issue.
51
Baker & McKenzie
It was agreed that the process leading to this comprehensive solution would include, as a first step, initial mutually-agreed measures to be taken by both sides
for a duration of six months, renewable by mutual consent. As part of this first
step, Iran has undertaken a number of voluntary measures as specified in the
Joint Plan of Action. In return, a number of voluntary measures have been undertaken which includes the suspension by the EU, for a duration of six months, during which the relevant contracts would have to be executed, of the following restrictive measures:
•
the prohibition on the provision of insurance and reinsurance and transport of Iranian crude oil,
•
the prohibition on the import, purchase or transport of Iranian petrochemical products and on the provision of related services,
•
the prohibition on trade in gold and precious metals with the Government of Iran,
its public bodies and the Central Bank of Iran, or persons and entities acting on
their behalf.
Furthermore, in accordance with the Joint Plan of Action, the EU has increased
by tenfold the authorisation thresholds in relation to the transfers of funds to and
from Iran.
Negotiations with Ecuador resumed
On 9 January 2014, the European Commission announced that negotiations will
begin 13-17 January aimed at Ecuador joining the Free Trade Agreement between the EU and the Andean countries of Colombia and Peru. In contact since
2010, the EU and Ecuador have managed to identify sufficient common ground to
resume the process for Ecuador to join. Negotiators will discuss market access
for goods, services and government procurement, as well as certain normative
provisions to make it possible for Ecuador to join.
Commission issues tariff classification regulations
No tariff classification regulations were issued by the European Commission during the period covered by this Update.
Amendments to the CN Explanatory Notes
No amendments to the Explanatory Notes to the Combined Nomenclature of the
European Union were published in the Official Journal during the period covered
by this Update.
Binding Tariff Information
The European Community has created the Binding Tariff Information (BTI) system
as a tool to assist economic operators to obtain the correct tariff classification for
goods they intend to import or export.
Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing
BTI, you may want to contact the customs administration of the Member State
which issued it. However, remember that, according to the provisions for data
52
Baker & McKenzie
protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database.
Official Journal documents
The following documents of interest to international traders (excluding documents
relating to day-to-day management of agricultural matters, individual protected
designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union
(dd-mm-yy):
OJ Date
04-01-14
07-01-14
09-01-14
53
Subject
Commission Delegated Regulation (EU) No 1/2014 of 28 August 2013 establishing Annex III to Regulation (EU) No 978/2012 of the European Parliament
and of the Council applying a scheme of generalised tariff preferences
Commission Regulation (EU) No 4/2014 of 6 January 2014 amending Regulation (EC) No 640/2009 implementing Directive 2005/32/EC of the European
Parliament and of the Council with regard to ecodesign requirements for electric motors
Commission Regulation (EU) No 5/2014 of 6 January 2014 amending Directive
2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes
Commission Delegated Directive 2014/1/EU of 18 October 2013 amending, for
the purposes of adapting to technical progress, the Annex IV to Directive
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an alloying element for bearings and wear surfaces in medical equipment exposed to ionising radiation
2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium in phosphor coatings in image intensifiers for X-ray images until 31 December 2019 and in spare parts for X-ray systems placed on the
EU market before 1 January 2020
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead acetate marker for use in stereotactic head frames for use
with CT (Computed Tomography) and MRI and in positioning systems for
gamma beam and particle therapy equipment
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead enabling vacuum tight connections between aluminium and
steel in X-ray image intensifiers
the purposes of adapting to technical progress, Annex IV to Directive
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders on printed circuit boards, termination coatings of
electrical and electronic components and coatings of printed circuit boards,
solders for connecting wires and cables, solders connecting transducers and
sensors that are used durably at a temperature below – 20 °C under normal
operating and storage conditions
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in the surface coatings of pin connector systems requiring
nonmagnetic connectors which are used durably at a temperature below – 20
°C under normal operating and storage conditions
Baker & McKenzie
OJ Date
Subject
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders, termination coatings of electrical and electronic
components and printed circuit boards, connections of electrical wires, shields
and enclosed connectors which are used (a) in magnetic fields within the
sphere of 1 m radius around the isocentre of the magnet in medical magnetic
resonance imaging equipment, including patient monitors designed to be used
within this sphere, or (b) in magnetic fields within 1 m distance from the external surfaces of cyclotron magnets, magnets for beam transport and beam direction control applied for particle therapy
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders for mounting cadmium telluride and cadmium zinc
telluride digital array detectors to printed circuit boards
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead and cadmium in metallic bonds creating superconducting
magnetic circuits in MRI, SQUID, NMR (Nuclear Magnetic Resonance) or
FTMS (Fourier Transform Mass Spectrometer) detectors
Commission Delegated Directive 2014/10/EU of 18 October 2013 amending,
for the purposes of adapting to technical progress, Annex IV to Directive
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in alloys, as a superconductor or thermal conductor, used in
cryo-cooler cold heads and/or in cryo-cooled cold probes and/or in cryo-cooled
equipotential bonding systems, in medical devices (category 8) and/or in industrial monitoring and control instruments
for the purposes of adapting to technical progress, the Annex IV to Directive
2011/65/EU of the European Parliament and of the Council as regards an exemption for hexavalent chromium in alkali dispensers used to create photocathodes in X-ray image intensifiers until 31 December 2019 and in spare parts
for X-ray systems placed on the EU market before 1 January 2020
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders on printed circuit boards of detectors and data acquisition units for Positron Emission Tomographs which are integrated into
Magnetic Resonance Imaging equipment
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders on populated printed circuit boards used in Directive
93/42/EEC class IIa and IIb mobile medical devices other than portable emergency defibrillators
for the purposes of adapting to technical progress, the Annex III to Directive
2011/65/EU of the European Parliament and of the Council as regards an exemption for 3,5 mg mercury per lamp in single capped compact fluorescent
lamps for general lighting purposes < 30 W with a lifetime equal to or above
20000 h
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead, cadmium and hexavalent chromium in reused spare parts,
recovered from medical devices placed on the market before 22 July 2014 and
used in category 8 equipment placed on the market before 22 July 2021, pro-
54
Baker & McKenzie
OJ Date
10-01-14
11-01-14
14-01-14
16-01-14
18-01-14
21-01-14
55
Subject
vided that reuse takes place in auditable closed-loop business-to-business
return systems, and that the reuse of parts is notified to the consumer
2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as an activator in the fluorescent powder of discharge lamps
when used for extracorporeal photopheresis lamps containing BSP
(BaSi2O5:Pb) phosphors
Commission Delegated Regulation (EU) No 3/2014 of 24 October 2013 supplementing Regulation (EU) No 168/2013 of the European Parliament and of
the Council with regard to vehicle functional safety requirements for the approval of two- or three-wheel vehicles and quadricycles
Council Decision of 5 December 2013 on the signing, on behalf of the Union,
and provisional application of the Protocol to the Partnership and Cooperation
Agreement between the European Communities and their Member States, of
the one part, and Georgia, of the other part, on a Framework Agreement between the European Union and Georgia, on the general principles for the participation of Georgia in Union programmes [2014/7/EU]
Commission Implementing Regulation (EU) No 19/2014 of 10 January 2014
amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in
foodstuffs of animal origin, as regards the substance chloroform
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 butafosfan
amending Regulation (EC) No 1251/2008 as regards the entry for Canada in
the list of third countries, territories, zones or compartments from which certain
aquatic animals may be imported into the Union
Corrigendum to Commission Implementing Regulation (EU) No 839/2012 of 18
September 2012 concerning the authorisation of urea as a feed additive for
ruminants (OJ L 252, 19.9.2012)
Council Decision of 18 November 2013 on the signing and conclusion of the
Agreement between the European Union and Georgia establishing a framework for the participation of Georgia in European Union crisis management
operations [2014/15/EU]
Commission Regulation (EU) No 40/2014 of 17 January 2014 authorising a
health claim made on foods, other than those referring to the reduction of disease risk and to children’s development and health and amending Regulation
(EU) No 432/2012
amending Implementing Regulation (EU) No 170/2013 laying down transitional
measures in the sugar sector by reason of the accession of Croatia
Commission Regulation (EU) No 51/2014 of 20 January 2014 amending Annex
II to Regulation (EC) No 396/2005 of the European Parliament and of the
Council as regards maximum residue levels for dimethomorph, indoxacarb and
pyraclostrobin in or on certain products
Commission Regulation (EU) No 36/2014 of 16 January 2014 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament
and of the Council as regards maximum residue levels for aminopyralid,
chlorantraniliprole, cyflufenamid, mepiquat, metalaxyl-M, propamocarb, pyriofenone and quinoxyfen in or on certain products
Regulation (EU) No 37/2014 of the European Parliament and of the Council of
15 January 2014 amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures
Regulation (EU) No 38/2014 of the European Parliament and of the Council of
15 January 2014 amending certain regulations relating to the common com-
Baker & McKenzie
OJ Date
24-01-14
25-01-14
28-01-14
29-01-14
30-01-14
56
Subject
mercial policy as regards the granting of delegated and implementing powers
for the adoption of certain measures
Fifteenth Annual Report according to Article 8(2) of Council Common Position
2008/944/CFSP defining common rules governing control of exports of military
technology and equipment [2014/C 18/01]
Commission Regulation (EU) No 59/2014 of 23 January 2014 amending Annex
II to Regulation (EC) No 1333/2008 of the European Parliament and of the
Council as regards the use of sulphur dioxide — sulphites (E 220-228) in aromatised wine-based products
Commission communication in the framework of the implementation of the Directive 97/23/EC of the European Parliament and of the Council of 29 May
1997 on the approximation of the laws of the Member States concerning pressure equipment (Publication of titles and references of harmonised standards
under Union harmonisation legislation) [2014/C 22/01
Commission communication in the framework of the implementation of: Commission Regulation (EC) No 244/2009 of 18 March 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard
to ecodesign requirements for non-directional household lamps, amended by
Commission Regulation (EC) No 859/2009 of 18 September 2009 as regards
the ecodesign requirements on ultraviolet radiation of non-directional household lamps and Commission Delegated Regulation (EU) No 874/2012 of 12
July 2012 supplementing Directive 2010/30/EU of the European Parliament
and of the Council with regard to energy labelling of electrical lamps and luminaires and Commission Regulation (EU) No 1194/2012 of 12 December 2012
implementing Directive 2009/125/EC of the European Parliament and of the
Council with regard to ecodesign requirements for directional lamps, light emitting diode lamps and related equipment (Publication of titles and references of
transitional methods of measurement for the implementation of Commission
Regulation (EC) No 244/2009 amended by Commission Regulation (EC) No
859/2009, Commission Delegated Regulation (EU) No 874/2012, and Commission Regulation (EU) No 1194/2012) [2014/C 22/02]
Commission communication in the framework of the implementation of the
Commission Regulation (EC) No 643/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard
to ecodesign requirements for household refrigerating appliances and of Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household refrigerating appliances (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2014/C 22/03]
Commission Regulation (EU) No 61/2014 of 24 January 2014 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament
and of the Council as regards maximum residue levels for cyromazine,
fenpropidin, formetanate, oxamyl and tebuconazole in or on certain products
Commission Regulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 laying down implementing rules for the airworthiness
and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations
Commission Delegated Regulation (EU) No 44/2014 of 21 November 2013
supplementing Regulation (EU) No 168/2013 of the European Parliament and
of the Council with regard to the vehicle construction and general requirements
for the approval of two- or three-wheel vehicles and quadricycles
amending Regulation (EC) No 684/2009 as regards the data to be submitted
under the computerised procedure for the movement of excise goods under
suspension of excise duty
Council Decision of 28 January 2014 on the conclusion of the revised Memorandum of Understanding with the United States of America Regarding the
Importation of Beef from Animals Not Treated with Certain Growth-Promoting
Baker & McKenzie
OJ Date
31-01-14
Subject
Hormones and Increased Duties Applied by the United States to Certain Products of the European Union [2014/44/EU]
Commission Delegated Regulation (EU) No 78/2014 of 22 November 2013
amending Annexes II and III to Regulation (EU) No 1169/2011 of the European
Parliament and of the Council on the provision of food information to consumers, as regards certain cereals causing allergies or intolerances and foods with
added phytosterols, phytosterol esters, phytostanols or phytostanol esters
Commission Regulation (EU) No 79/2014 of 29 January 2014 amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament
and of the Council as regards maximum residue levels for bifenazate, chlorpropham, esfenvalerate, fludioxonil and thiobencarb in or on certain products
concerning the authorisation of preparations of Pediococcus pentosaceus DSM
14021, Pediococcus pentosaceus DSM 23688 or Pediococcus pentosaceus
DSM 23689 as feed additives for all animal species
amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval period of the active substance copper compounds
Commission Delegated Regulation (EU) No 65/2014 of 1 October 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of domestic ovens and range hoods
Commission Regulation (EU) No 66/2014 of 14 January 2014 implementing
Directive 2009/125/EC of the European Parliament and of the Council with
regard to ecodesign requirements for domestic ovens, hobs and range hoods
Summary of European Union decisions on marketing authorisations in respect
of medicinal products from 1 December 2013 to 31 December 2013(Published
pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2014/C 29/01]
Summary of European Union decisions on marketing authorisations in respect
of medicinal products from 1 December 2013 to 31 December 2013(Decisions
taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive
2001/82/EC) [2014/C 29/02]
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established,
amended or corrected:
OJ Date
Restrictive Measure
amending for the 209th time Council Regulation (EC) No 881/2002 imposing
certain specific restrictive measures directed against certain persons and entities
associated with the Al Qaida network
11-01-14
amending for the 210th 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 of 20 January 2014 amending Regulation (EU) No 267/2012
concerning restrictive measures against Iran [2014/42/EU]
20-01-14
Council Decision 2014/21/CFSP of 20 January 2014 amending Council Decision
2010/413/CFSP concerning restrictive measures against Iran
Council Regulation (EU) No 45/2014 of 20 January 2014 amending Regulation
(EU) No 204/2011 concerning restrictive measures in view of the situation in
21-01-14 Libya
Council Implementing Regulation (EU) No 46/2014 of 20 January 2014 implementing Regulation (EC) No 765/2006 concerning restrictive measures in re57
Baker & McKenzie
OJ Date
22-01-14
29-01-14
31-01-14
31-01-14
Restrictive Measure
spect of Belarus
Council Implementing Decision 2014/24/CFSP of 20 January 2014 implementing
Decision 2012/642/CFSP concerning restrictive measures against Belarus
Corrigendum to Council Regulation 2014/42/EU of 20 January 2014 amending
Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ L
15, 20.1.2014)
Council Implementing Regulation (EU) No 74/2014 of 28 January 2014 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive
measures in view of the situation in Libya
Decision 2011/137/CFSP concerning restrictive measures in view of the situation
in Libya
amending Council Regulation (EC) No 1184/2005 imposing certain specific restrictive measures directed against certain persons impeding the peace process
and breaking international law in the conflict in the Darfur region in Sudan
Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures
against Sudan and South Sudan
Council Implementing Regulation (EU) No 81/2014 of 30 January 2014 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed
against certain persons, entities and bodies in view of the situation in Tunisia
Council Decision 2014/49/CFSP of 30 January 2014 amending Decision
2011/72/CFSP concerning restrictive measures directed against certain persons
and entities in view of the situation in Tunisia
Council Decision of 20 January 2014 concerning the renewal of the Agreement
on cooperation in science and technology between the European Community
and the Government of the Russian Federation [2014/50/EU]
specifying a procedure for the amendment of Annex I to Regulation (EU) No
528/2012 of the European Parliament and of the Council concerning the making
available on the market and use of biocidal products
Commission Implementing Regulation (EU) No 89/2014 of 31 January 2014 approving bis(N-cyclohexyl-diazenium-dioxy)-copper (Cu-HDO) as an existing active substance for use in biocidal products for product-type 8
Commission Implementing Regulation (EU) No 90/2014 of 31 January 2014 approving decanoic acid as an existing active substance for use in biocidal products for product-types 4, 18 and 19
Commission Implementing Regulation (EU) No 91/2014 of 31 January 2014 approving S-methoprene as an existing active substance for use in biocidal products for product-type 18
Commission Implementing Regulation (EU) No 92/2014 of 31 January 2014 approving zineb as an existing active substance for use in biocidal products for
product-type 21
Commission Implementing Regulation (EU) No 93/2014 of 31 January 2014 approving octanoic acid as an existing active substance for use in biocidal products
for product-types 4 and 18
Commission Implementing Regulation (EU) No 94/2014 of 31 January 2014 approving iodine, including polyvinylpyrrolidone iodine, as an existing active substance for use in biocidal products for product-types 1, 3, 4 and 22
58
Baker & McKenzie
Individual EU-EFTA Countries
Norway
2014 Tariff released
On 10 January 2014, the Norwegian Law Gazette (Norsk Lovtidend) posted Ministry of Finance Regulations relating to new and changing divisions of the Nomenclature (FOR-2014-01-01-3) that publish the 2014 Customs Tariff which is
valid from 1 January through 31 December 2014.
Switzerland
Federal Council suspends some Iran sanctions temporarily
On 29 January 2014, the Swiss Federal Council amended the Ordinance instituting measures against the Islamic Republic of Iran (RS 946.231.143.6) to temporarily suspend, from 30 January until 14 August 2014, certain sanctions imposed
against Iran, in accordance with the recently agreed to Joint Action Plan.
United Kingdom
HMRC and BIS updates
The following Public Notices and Customs Information Papers (CIPs) and BIS
documents were issued by HM Revenue & Customs and the Department for
Business, Innovation & Skills::
Release
Date
Ref. No. and Subject
BIS/13/995 Open general export licence: export under the US-UK defence trade
co-operation treaty 28-05-12 OGEL revoked
BIS/13/996 Open general export licence (historic military goods) 06-07-11 OGEL
revoked
BIS/13/997 Open general export licence (historic military vehicles and artillery
pieces) 10-08-12 OGEL revoked
BIS/13/1001 Open general export licence (military goods: for demonstration) 0607-12 OGEL revoked
BIS/13/1344 Open general export licence (certified companies) 01-07-13 OGEL
revoked
BIS/13/1346 Open general export licence (export for exhibition: military goods)
02-07-12 OGEL is revoked
BIS/13/1345 Open general export licence (export after exhibition or demonstra01-01-14 tion: military goods) 01-07-13 OGEL revoked
BIS/13/1347 Open general export licence (export after repair/replacement under
warranty: military goods) 06-09-13 OGEL is revoked
BIS/13/1348 Open general export licence (export for repair/replacement under
warranty: military goods) 06-09-13 OGEL is revoked
BIS/13/1349 Open general export licence (exports or transfers in support of UK
Government defence contracts) 29-09-13 OGEL is revoked
BIS/13/1350 Open General Export Licence (Military Goods, Software and Technology) 01-08-13 licence replaced
BIS/13/1351 Open General Export Licence (Military Goods: Collaborative Project
Typhoon) 31-07-13 OGEL revoked
BIS/13/1352 Open general export licence (military goods, software and technology: government or NATO end use) 01-07-13 Licence replaced
BIS/13/1370 Open general export licence (military components) 29-09-13 Licence
59
Baker & McKenzie
Release
Date
06-01-14
07-01-14
09-01-14
10-01-14
20-01-14
60
replaced
BIS/13/2003 Open general export licence (military surplus vehicles) 06-07-11
OGEL revoked
BIS/10/689 Open general export licence (military and dual-use goods: UK force
deployed in embargoed destinations) updated –revoked by 29-01-14 licence
BIS/11/884 Open general export licence (military and dual-use goods: UK forces
deployed in non-embargoed destinations) updated –revoked by 29-01-14 licence
BIS/12/1015 Open general export licence (exports of non-lethal military and dualuse goods: to UK diplomatic missions or consular posts) updated –revoked by 2901-14 licence
BIS/12/1016 Open general export licence (historic military vehicles and artillery
pieces) updated –revoked by 01-01-14 licence
BIS/13/1004 Guidance: Open general export licence (software and source code
for military goods) updated –revoked by 01-01-14 licence
BIS/13/1005 Open general export licence (technology for military goods) updated
–revoked by 27-01-14 licence
BIS/13/1006 Open general export licence (vintage aircraft) updated –revoked by
27-01-14 licence
BIS/13/1339 Open general export licence (export after repair/replacement under
warranty: dual-use items) all previous licences revoked
BIS/13/1340 Open general export licence (export for repair/replacement under
warranty: dual-use items) all previous licences revoked
BIS/13/1341 Open general export licence (low value shipments) all previous licences revoked
BIS/13/1342 Open general export licence (oil and gas exploration: dual-use items)
all previous licences revoked
BIS/13/1343 Open general export licence (technology for dual-use items) all previous licences revoked
BIS/13/1369 Open general export licence (X) all previous licences revoked
BIS/13/1382 Open general export licence (exports in support of joint strike fighter:
F-35 Lightning II)
BIS/13/972 Open general export licence (access overseas to software and technology for military goods: individual use only) updated, replaced by 29-01-14
OGEL
BIS/13/976 Open general export licence (chemicals) all previous licences revoked
BIS/13/977 Open general export licence (cryptographic development) upodated
then replaced by 27-01-14 OGEL
BIS/13/978 Open general export licence (export after exhibition: dual-use items)
updated then replaced by 31-01-14 OGEL
BIS/13/981 Open general export licence (dual-use items: Hong Kong Special Administrative Region) all previous licences revoked
BIS/13/982 Open general export licence (international non-proliferation regime
decontrols: dual-use items) all previous licences revoked
BIS/13/986 Open general export licence (Turkey) 15-06-12 OGEL revoked
BIS/13/990 Open general export licence (export after exhibition or demonstration:
military goods) Updated on 09-01-14 then revoked by 29-01-14 OGEL
BIS/14/506 Open general export licence (international non-proliferation regime
decontrols: military items) previous licences are revoked
BIS/13/1370 Open general export licence (military components) revokes 29-09-13
licence; updated then revoked by 29-01-14 OGEL
military goods) Updated then revoked by 29-01-14 OGEL
BIS/13/P97E Export control training bulletin: January to March 2014
CIP (14) 01 Tariff Preference: GSP+ Beneficiaries
CIP (14) 02 Tariff Preference: South Africa-EU TDCA and GSP
CIP (14) 04 Update 2 - Policy Review of ERTS
Baker & McKenzie
Release
Date
22-01-14
23-01-14
27-01-14
29-01-14
30-01-14
31-01-14
BIS/14/530 Open general trade control licence (category C goods) revokes 06-0711 OGTCL
BIS/14/531 Open general trade control licence (maritime anti-piracy)
BIS/14/532 Open general trade control licence (trade and transportation: small
arms and light weapons) revokes 06-07-11 OGTCL
BIS/13/1350 Open General Export Licence (Military Goods, Software and Technology) updated to remove erroneous text in the Glossary section:
BIS/14/520 Open general export licence (technology for military goods) revokes
06-01-14 OGEL
BIS/14/521 Open general export licence (technology for dual-use items) revokes
06-01-14 OGEL
BIS/14/555 Open general export licence (vintage aircraft) revokes 06-01-14 OGEL
BIS/14/556 Open general export licence (cryptographic development) revokes 0601-14 OGEL
BIS/14/522 Open general export licence (military and dual-use goods: UK force
deployed in embargoed destinations) revokes 06-01-14 OGEL
BIS/14/523 Open general export licence (military and dual-use goods: UK forces
deployed in non-embargoed destinations) revokes 06-01-14 OGEL
BIS/14/524 Open general export licence (exports of non-lethal military and dualuse goods: to UK diplomatic missions or consular posts) revokes 06-01-14 OGEL
BIS/14/525 Open general export licence (access overseas to software and technology for military goods: individual use only) revokes 25-06-13 OGEL
military goods) revokes 01-07-13 OGEL
BIS/14/576 Open general export licence (export after exhibition: dual-use items)
revokes 01-07-13 OGEL
UK amends Iranian sanctions
On 22 January 2014, the UK published the Iran (European Union Financial Sanctions) (Amendment) Regulations 2014. These Regulations amend the Iran (European Union Financial Sanctions) Regulations 2012 (S.I. 2012/925) (“the 2012
Regulations”). The 2012 Regulations make provision relating to the enforcement
of Council Regulation (EU) No 267/2012 of 23 March 2012 (OJ L 88, 24.3.2012,
p.1) (“the first Council Regulation”) concerning restrictive measures against Iran
and repealing Regulation (EU) No 961/2010.
The first Council Regulation has been amended most recently by Council Regulation (EU) No 42/2014 of 20 January 2014 (OJ L No 15, 20.01.2014, p.18) (“the
amending Regulation”). The amending Regulation introduces revised financial
thresholds concerning the prohibitions on both transfers of funds between EU
credit and financial institutions and Iranian credit and financial institutions, and
transfers of funds to Iranian persons, entities and bodies. These Regulations
amend the 2012 Regulations to reflect those changes.
Regulation 3 amends the 2012 Regulations to revise the financial thresholds for
measures concerning the prohibition on transfers of funds to and from Iranian
banks.
Regulation 4 amends the 2012 Regulations to revise the thresholds for measures
concerning the transfers of funds to or from Iranian persons, entities or bodies.
61
Baker & McKenzie
A list of designated persons is available on the internet. Further information is
available from Financial Sanctions, HM Treasury.
ECO Notices to Exporters
The following Notices to Exporters were issued by the Export Control Organisation (ECO):
Date
07-01-14
21-01-14
24-01-14
Notice No. and Subject
Notice to Exporters 2014/01: New reporting requirements for Open General Export Licences
Notice to Exporters 2014/02: Joint Strike Fighter OGEL published
Notice to Exporters 2014/03: Changes to EU Sanctions against Iran
Other EU-EFTA Notices
Import-export related measures
The following import, export or antibribery measures were published in the on-line
editions of the official gazettes of the countries shown during the period covered
by this Update. [This is a partial listing, unofficial translations.] *The date shown
may be the signature date, release date or publication date, depending on local
practice (dd-mm-yy).
Date*
06-01-14
03-01-14
10-01-14
14-01-14
24-01-14
28-01-14
31-01-14
07-01-14
22-01-14
27-01-14
62
Measure
Germany
Regulation amending seed legal regulations and amending phytosanitary expertise Regulation from No. 2 of 01.09.2014, page 26
Eire (Ireland)
S.I. No. 529 of 2013 - Public Health (Tobacco) (Amendment) Act 2013 (Commencement) Order 2013.
S.I. No. 530 of 2013 - Public Health (Tobacco) (Control of Sales Promotion) Regulations 2013.
S.I. No. 562 of 2013 - European Union (Customs Enforcement of Intellectual
Property Rights) Regulations 2013
S.I. No. 581 of 2013 - European Communities (Pesticide Residues) (Amendment)
(No. 2) Regulations 2013
S.I. No. 3 of 2014 - European Union (Common Fisheries Policy) (Point System)
Regulations 2014.
S.I. No. 11 of 2014 - European Union (Nutrition And Health Claims Made on
Foods) Regulations 2014
S.I. No. 12 of 2014 - European Communities (Official Controls on the Import of
Food of Non-Animal Origin for Pesticide Residues) (Amendment) Regulations
2013.
S.I. No. 14 of 2014 - European Communities (Official Controls on the Import of
Food of Non-Animal Origin) (Amendment) Regulations 2014
S.I. No. 15 of 2014 - European Communities (Microbiological Criteria For Foodstuffs) (Amendment) Regulations 2014
Iceland
B № 4/2014 Regulation of (1) amending Regulation no. 1186/2013 on the allocation of tariff quotas for imports of agricultural commodities under Annexes IVA
and IVB to the Customs.
A № No. 3/2014 law amending the law on product liability, № 25 of 27 March
1991 (the responsibility of distributors).
A № 5/2014 Law on Amendments to the Customs Act, no. 88/2005, as amended
Baker & McKenzie
Date*
28-01-14
24-01-14
15-01-14
16-01-14
24-01-14
30-01-14
14-01-14
02-01-14
03-01-14
07-01-14
10-01-14
14-01-14
17-01-14
21-01-14
63
Measure
(the allocation of tariff quotas).
B № 65/2014 Regulation of (2) amending Regulation no. 1186/2013 on the allocation of tariff quotas for imports of agricultural commodities under Annexes IVA
and IVB to the Customs.
B № 66/2014 Regulation on the allocation of tariff quotas for imports of Hatching
eggs and egg yolks.
B № 74/2014 Regulation on the procedure for the application of certain national
technical rules for products lawfully marketed in another Member State of the
European Economic Area.
Liechtenstein
№ 24 Protocol against the Illicit Manufacturing of and Trafficking in Firearms,
Their Parts and Components and Ammunition illicit trafficking to the United Nations Convention against organized cross-border crime
Luxembourg
Mem. № 5 Implementation of new European standards in the electrotechnical
field applicable in the Grand Duchy of Luxembourg
Mem. № 6 Implementation of new European standards applicable in the Grand
Duchy non-electric field of Luxembourg
Mem. № 7 Grand-Ducal Regulation of 23 December 2013 concerning the inclusion of active substances in Annex I of the Law of 24 December 2002 on biocidal
products legislation
Mem. № 12 Various Tobacco Control measures and amendments to existing law
Mem. № 16 Grand-Ducal Regulation of 24 January 2014 amending Annex of the
Grand-Ducal Regulation of 20 March 1974 on certain psychotropic substances
Malta
№ 6 of 2014 - Waste (Amendment) Regulations, 2014 - Government Gazette of
Malta No. 19,194 – 14.01.2014
№ 7 of 2014 - Feed-in Tariffs Scheme (Electricity Generated from Solar Photovoltaic Installations) (Amendment) Regulations, 2014 - Government Gazette of Malta
No. 19,194 – 14.01.2014
Norway
FOR-2013-12-20-1646 Ministry of Finance: Regulations amending the Regulations to the law on customs and movement of goods (Customs Regulations)
FOR-2013-12-20-1664 Agriculture and Food Regulations amending the regulations on importation and exportation of certain animal species
FOR-2013-12-16-1678 Health and Care Regulations amending the aroma Regulations
FOR-2013-12-17-1679 Health and Care Regulation amending the Regulation on
feed additives
FOR-2013-12-17-1722 Ministry of Finance Regulations amending the Regulations to the law on customs and movement of goods (Customs Regulations)
FOR-2013-12-23-1724 Fisheries and Coastal Affairs, Agriculture and Food,
Health and Care Regulation amending the Regulation on official controls of compliance with legislation on animal nutrition, food and health and welfare of animals
(control regulations)
FOR-2014-01-01-3 Ministry of Finance Regulations relating to new and changing
divisions of the (Tariff) Nomenclature
FOR-2014-01-07-10 Climate and Environment Ministry Regulations amending the
regulations on the recycling of waste (Waste)
FOR-2014-01-10-21 Health and Care Regulations on dietary foods for special
groups
FOR-2014-01-13-26 Justice and Public Security Regulations amending the Regulations concerning the International Carriage of Dangerous Goods
FOR-2014-01-15-27 Agriculture and Food Regulations amending the Annex to
the Regulation on security mechanism for imports of agricultural products from
developing countries covered by the scheme for general tollprefranser (Generalized System of Preferences for goods imported from Developing countries -
Baker & McKenzie
Date*
24-01-14
28-01-14
31-01-14
02-01-14
03-01-14
07-01-14
09-01-14
13-01-14
15-01-14
16-01-14
30-01-14
31-01-14
04-01-14
21-01-14
24-01-14
64
Measure
GSP).
FOR-2014-01-16-34 Health and Care Regulation on trans fatty acids in foods
FOR-2014-01-20-36 Finance Regulations amending the Regulations on duty-free
import and temporary use of foreign-registered motor vehicle in Norway
FOR-2014-01-22-40 Finance Regulations amending the Regulations on duty-free
import and temporary use of foreign-registered motor vehicle in Norway
FOR-2014-01-20-50 Health and Care Services, Food and Fisheries, the Ministry
of Agriculture and Food Regulation amending the Regulation on additives for use
in animal nutrition
FOR-2014-01-27-67 Industry and Fisheries, the Ministry of Agriculture and Food,
Health and Care Regulations amending the Regulations on Control of kitchenware plastic imported from China and Hong Kong
FOR-2014-01-29-77 Climate and Environment Ministry Regulations amending the
regulations on pollution control (Pollution Regulations), Chapter 20 of the delivery
and reception of waste and cargo residues
Poland
№ 1 Council of Ministers of 17 December 2013 amending the regulation on Suwalki Special Economic Zone
№ 6 Regulation of the Minister of Health of 23 December 2013 amending Regulation on criteria and classification of chemical substances and mixtures
№ 23 The Act of 22 November 2013 amending the Act on the production and
bottling of wine products, marketing of these products and the organization of the
wine market
№ 29 The Act of 22 November 2013 amending the Act on the Protection of animal health and control of infectious animal diseases and certain other laws
№ 63 Statement of the Minister of Finance dated 12 July 2013 on the publication
of the consolidated text of the Regulation of the Minister of Finance on the implementation of the common agricultural policy
№ 67 Decree of the President of the Council of Ministers of 14 November 2013
on the uniform text of the Council of Ministers on Tarnobrzeg special economic
zone
№ 70 Notice of the Minister of Economy of 12 September 2013 on the publication
of the consolidated text of the Regulation of the Minister of Economy on the establishment plan for the development of Tarnobrzeska Special Economic Zone
EURO-PARK WISŁOSAN
№ 79 Regulation of the Council of Ministers of 10 January 2014 on the issuing
opinions official of the Central Anti-Corruption Bureau
№ 145 Regulation of the Minister of Health of 23 January 2014 amending Regulation on labeling of hazardous substances and mixtures, and certain mixtures
№ 147 Regulation of the Minister of Agriculture and Rural Development of 22
January 2014 on the border phytosanitary inspection of wood packaging carried
out on a random basis
№ 148 Proclamation of the Marshal of the Polish Sejm of 13 December 2013 on
the publication of the consolidated text of the Law on Trade Inspection
№ 154 Regulation of the Minister of Agriculture and Rural Development of 28
January 2014 amending Regulation on the list of points of entry through which
you can enter plants, plant products or objects
Spain
Nuclear Security Council: Instruction IS-35, of December 4, 2013, in relation to
the treatment of the design modifications of transport packages of radioactive
material with the approval certificate of Spanish origin and physical or operational
changes made by the sender of a package on the packaging used. (BOE-A-2014130)
Corrigendum Consolidated Agreement on international transport of perishable
goods and special vehicles used for such transport (ATP) done at Geneva Text
the September 1, 1970, updated to 23 September 2013. (BOE-A-2014-590)
Foreign Affairs and Cooperation: Convention on mutual recognition of test punches portable firearms and Regulation Schedules I and II made in Brussels on
Baker & McKenzie
Date*
29-01-14
14-01-14
21-01-14
28-01-14
09-01-14
10-01-14
13-01-14
16-01-14
23-01-14
65
Measure
July 1, 1969. Decisions of the Permanent International Commission for testing
portable firearms in its Plenary Session XXXI 25 and September 26, 2012 (Decisions XXXI-XXXI-43 to 50). (BOE-A-2014-690)
Defense: Royal Decree 33/2014 of 24 December, amending Title II of Law
12/2012, of 26 December, on urgent measures to liberalize trade and certain services develops. (BOE-A-2014-876)
Ministry of the Presidency: PRE/70/2014 Order of 28 January, which the airport
Teruel is enabled as a frontier post. (BOE-A-2014-882)
Switzerland
RO 2014 65 Ordinance of the FDF on goods receiving customs relief according to
their use (Ordinance on customs concessions, OADou) (RS 631.012)
RO 2014 93 Amending Protocol of 26 June 1999 to the International Convention
of 18 May 1973 on the simplification and harmonization of customs procedures
(RS 0.631.21)
RO 2014 95 International Convention of 14 June 1983 on the Harmonized Commodity Description and Coding System (RS 0.632.11)
RO 2014 97 Agreement of 15 April 1994 on public procurement (RS
0.632.231.422)
Ordinance on the import of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01)
RO 2014 201 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)
RO 2014 203 DHA Ordinance on the control of the import and transit of animals
and animal products (OITE Ordinance controls) (RS 916.443.106)
RO 2014 211 Agreement between the Federal Council of the Swiss Confederation and the Government of the People’s Republic of China on Import and Export
illegal and repatriation of cultural property (with schedule) (RS 0.444.124.91)
RO 2014 285 Ordinance on the import of agricultural products (Ordinance on
agricultural imports, OIAgr) (RS 916.01)
RO 2014 293 Decision №1/2013 of the EU Joint Commission / EFTA amending
Appendix III of the Convention of 20 May 1987 on a common transit procedure
(RS 0.631.242.04)
RO 2014 315 European Agreement of 26 May 2000 concerning the International
Carriage of Dangerous Goods by Inland Waterways (ADN) (RS 0.747.20)
RO 2014 349 Decision N o 1/2013 of the Joint Committee on Agriculture of 28
November 2013 concerning the amendment of Annex 10 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (RS 0.916.026.81)
United Kingdom
SR 2014/1 - The Common Agricultural Policy Single Payment and Support
Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2014
SI 2013/3207 - The Feed (Hygiene and Enforcement) and the Animal Feed
(Wales) (Amendment) Regulations 2013
SSI 2014/4 - The Environmental Protection (Duty of Care) (Scotland) Regulations
2014
SSI 2014/6 - The Common Agricultural Policy Schemes (Cross-Compliance)
(Scotland) Amendment Regulations 2014
SSI 2014/12 - The Infant Formula and Follow-on Formula (Scotland) Amendment
Regulations 2014
SR 2014/11 - The Infant Formula and Follow-on Formula (Amendment) Regulations (Northern Ireland) 2014
SR 2014/10 - The Deregulation (Improvement of Enforcement Procedures) (Food
Safety) (Revocation) Order (Northern Ireland) 2014
Baker & McKenzie
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
Eire (Ireland)
S.I. No. 525 Of 2013 - European Union (Restrictive Measures Concerning the Republic Of Guinea-Bissau) Regulations 2013.
S.I. No. 526 of 2013 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2))
(Counter Terrorism) (Financial Sanctions) Regulations 2013
S.I. No. 527 of 2013 - European Union (Belarus) (Financial Sanctions) Regulations
2013
S.I. No. 528 of 2013 - European Union (Democratic Republic of Congo) (Financial
Sanctions) (No. 2) Regulations 2013
S.I. No. 531 of 2013 - Financial Transfers (Restrictive Measures Concerning the
Republic of Guinea-Bissau) (Prohibition) Order 2013
S.I. No. 532 of 2013 - European Union (Afghanistan) (Financial Sanctions) (No. 2)
Regulations 2013
S.I. No. 533 of 2013 - European Union (Liberia) (Financial Sanctions) Regulations
2013
S.I. No. 534 of 2013 - Financial Transfers (Afghanistan) (Prohibition) Order 2013.
S.I. No. 535 Of 2013. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2))
(Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions)
Regulations 2013
S.I. No. 536 Of 2013. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6))
(Usama Bin Laden, the Al- Qaida Network and the Taliban) (Financial Sanctions)
Regulations 2013
S.I. No. 544 of 2013 - Financial Transfers (Libya) (Prohibition) Order 2013
S.I. No. 545 of 2013 - Financial Transfers (Iraq) (Prohibition) Order 2013.
03-01-14
S.I. No. 547 of 2013 - Financial Transfers (Democratic People’s Republic Of Korea)
(Prohibition) Order 2013
S.I. No. 548 Of 2013 - Financial Transfers (Somalia) (Prohibition) Order 2013.
S.I. No. 549 of 2013 - European Union (Tunisia) (Financial Sanctions) (No. 2) Regulations 2013.
S.I. No. 550 Of 2013 - Financial Transfers (Zimbabwe) (Prohibition) Order 2013
S.I. No. 551 of 2013 - European Union (Zimbabwe) (Financial Sanctions) Regulations 2013
S.I. No. 552 of 2013 - Financial Transfers (Tunisia) (Prohibition) Order 2013.
S.I. No. 554 of 2013 - European Union (Libya) (Financial Sanctions) Regulations
2013
S.I. No. 555 of 2013 - Financial Transfers (Liberia) (Prohibition) Order 2013
S.I. No. 556 of 2013 - European Union (Iraq) (Financial Sanctions) Regulations
2013
S.I. No. 557 of 2013 - European Union (Democratic People’s Republic Of Korea)
(Financial Sanctions) Regulations 2013.
S.I. No. 558 of 2013 - European Union (Somalia) (Financial Sanctions) Regulations
2013
S.I. No. 559 of 2013 - Financial Transfers (Belarus) (Prohibition) Order 2013
S.I. No. 560 of 2013 - Financial Transfers (Democratic Republic of Congo) (Prohibition) Order 2013
S.I. No. 561 of 2013 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6))
(Counter Terrorism) (Financial Sanctions) Regulations 2013
Liechtenstein
66
Baker & McKenzie
Date*
Restrictive Measure
17-01-14
30-01-14
31-01-14
24-01-14
29-01-14
22-01-14
№ 1 Regulation of 14 January 2014 concerning the amendment of the Regulation
on measures against the Islamic Republic of Iran
№ 2 Regulation of 14 January 2014 concerning the amendment of the Ordinance
on Sanctions against Liberia
on Measures against persons and organizations with links to “Al Qaeda”
on Measures against persons and organizations with links to the Taliban
on Sanctions against Belarus
№ 26 Ordinance of 30 January 2014 concerning the amendment of the Regulation
on measures against the Islamic Republic of Iran
Norway
FOR-2014-01-17-35 Foreign Affairs Regulation amending the regulation on sanctions and measures against Iran
Switzerland
Ordinance instituting measures against the Islamic Republic of Iran - Modification
United Kingdom
SI 2014/105 - The Iran (European Union Financial Sanctions) (Amendment) Regulations 2014
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
14-01-14
22-01-14
Matter
Mindohodiv Order № 15 of 14.01.14 On approval of explanations to the Ukrainian Classification of Goods of Foreign Economic Activity
Mindohodiv Order № 54 of 22.01.2014, № 54 On approval of the Transitional
Table of Nomenclature version 2007 to version 2012 Nomenclature
CEFTA
The Central European Free Trade Agreement (CEFTA) Secretariat maintains a
CEFTA Trade Portal which provides general information for each member country
(Albania, Bosnia and Herzegovina, Macedonia, Moldova, Montenegro, Serbia and
UNMIK Kosovo), links to government websites and detailed information for each
country in each of the following areas:
•
•
•
•
•
•
•
67
Customs
Licensing
Sanitary, Phytosanitary & Veterinary Regulation
Technical Requirements
Border Police Control
Trade Regime
Public Procurement
Baker & McKenzie
Eurasian Economic Community (EurAsEC)
[Customs Union of Russia-Kazakhstan-Belarus]
Decisions and recommendations of the Eurasian Economic Commission
The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Economic
Commission documentation page.
Publication
Date
03-02-14
03-02-14
17-01-14
20-01-14
22-01-14
29-01-14
68
Title
Council of the Eurasian Economic Commission
Decision № 1 (31 Jan. 2014) On the development of cooperation between
states - members of the Customs Union and the Common Economic Space in
light industry
Decision № 2 (31 Jan. 2014) About the Agreement on the protection of confidential information and the responsibility for its disclosure in the implementation
of the Eurasian Economic Commission authority to monitor compliance with
uniform competition rules
Recommendation of the Council
Recommendation № 1 (31 Jan. 2014) On the development of cooperation between states - members of the Customs Union and the Common Economic
Space in light industry
Board of the Eurasian Economic Commission
Decision № 1 (16 Jan. 2014) On Amendments to the Advisory Committee for
Natural Monopolies
Decision № 2 (16 Jan. 2014) On approval of the list of products for which the
customs declaration is accompanied by presentation of the evaluation (confirmation) of compliance with the technical regulations of the Customs Union
“Electromagnetic compatibility of technical means” (TR TC 020/2011)
Decision № 3 (16 Jan. 2014) On the execution of step 5, paragraph 5, a
phased plan of forming a single economic space in respect of natural monopolies (in sectoral (industry) section)
Decision № 4 (16 Jan. 2014) On the draft decision of the Eurasian Economic
Commission, “the draft agreement on the requirements for the implementation
of activities in the financial markets States - the Single Economic Space”
Decision № 5 (16 Jan. 2014) On the draft decision of the Eurasian Economic
Commission, “the draft agreement on the exchange of information, including
confidential States - parties to the Agreement on the establishment of conditions in the financial markets to ensure the free movement of capital from December 9, 2010”
Decision № 6 (21 Jan. 2014) On Amendments to paragraph 12 Instructions on
how to use transport (shipping), commercial and (or) other documents as the
Goods declaration
Decision № 7 (21 Jan. 2014) On amendments to some decisions of the Commission of the Customs Union
Decision № 8 (21 Jan. 2014) On approval of the draft decision of the Council of
the Eurasian Economic Commission “On Amendments to the list of categories
of goods in respect of which can be equipped with a special customs procedure
and the conditions of their placement under a customs procedure”
Decision № 9 (29 Jan. 2014) On establishing the rates of customs duties of the
Common Customs Tariff of the Customs Union in respect of certain types of
paper and cardboard
Baker & McKenzie
Preliminary classification decisions issued by the Customs Authorities of the States
The EurAsian Economic Commission has posted a table which provides a collection of preliminary decisions of the Customs authorities of Russia, Belarus and
Kazakhstan which involve the tariff classification of goods as of December 2013
(October 2013 for Russia). The tables list the tariff codes, a description, rationale
(GRIs) for the decision and country that issued the decision.
Belarus
Preliminary decisions on tariff classification
The State Customs Committee maintains a searchable database of preliminary
decisions on the tariff classification of goods (База данных товаров, в
отношении которых принято предварительное решение о
классификации). The database has been updated through 11 January 2014. 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:
R.G. Date
of Publication
10-01-14
10-01-14
16-01-14
22-01-14
24-01-14
69
Subject
Presidential Decree “On Amendments to the Decree of the President of the
Russian Federation dated August 19, 2013 N 686” On the use of enhanced
security measures during the XXII Olympic Winter Games and XI Paralympic
Winter Games of 2014 in Sochi “
Order № 2273 of the Federal Customs Service (FCS of Russia) of December
2, 2013 On the competence of the customs post Dimitrovgrad Ulyanovsk Customs
Order № 308-OD of the Federal Agency for Development of the State Border
of the Russian Federation of December 31, 2013 On Amendments to Order №
13-PP of the Federal Agency for the Development of the State Border of the
Russian Federation of January 13, 2011 On the discovery of air cargo and passenger standing multilateral checkpoint across the state border of the Russian
Federation at the international airport of Sochi
Order № 321 of the Ministry of Transport of the Russian Federation (Russian
Ministry of Transport) on October 21, 2013 On Amendments to the typical organization chart through the state border of the Russian Federation, persons,
vehicles, cargoes, goods and animals in the sea and river (lake ) checkpoints
across the state border of the Russian Federation, approved by the Ministry of
Transport of the Russian Federation of December 22, 2009 № 247
Federal list of extremist materials
Order № 9-OD of the Federal agency for Development of the State Border of
the Russian Federation of January 20, 2014 On Amendments to Order № 100OD of the Federal Agency for the Development of the State Border of the Russian Federation on April 11, 2013 On the discovery of marine cargo-passenger
Baker & McKenzie
R.G. Date
of Publication
31-01-14
Subject
standing multilateral checkpoint across the state border of the Russian Federation in the seaport of Sochi
Order № 2299 of the Federal Customs Service (FCS of Russia) of December
5, 2013 The failure to provide documents confirming the authority of the person
supplying the goods declaration in electronic form
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
Global January 2014 International Trade Compliance Update
EU Customs Trade Compliance Client Alert: Customs Valuation: EU Proposal To Withdraw First Sale for Export
Hong Kong Tax and Customs Client Alert: Adjustment to the Catalogue for the Administration of Import of Encryption Products and Equipment Containing Encryption Technology
Mexico International Trade and Customs Legal Alert № 56: Third Amendment to the
Foreign Trade General Rules for 2013 (Eng.); Tercera modificación a las Reglas de Carácter General en materia de Comercio Exterior para 2013 (Span.)
Mexico International Trade and Customs Legal Alert № 58: Amendments to the Foreign
Trade General Rules for 2013 (Ministry of Finance and Public Credit, and Ministry of
Economy) and General Importation and Exportation Duties Law (Eng.); Modificaciones a
Reglas de Carácter General en Materia de Comercio Exterior (Secretaría de Hacienda y
Secretaría de Economía) y Ley de los Impuestos Generales de Importación y Exportación (Span.)
Mexico Tax Client Alert № 53: 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.)
Mexico Tax Legal Alert № 59: Decree granting Tax Incentives to companies of the
Manufacturing and Export Maquiladora Industry (Eng.); Decreto que otorga estímulos
70
Baker & McKenzie
Subject
fiscales a la Industria manufacturera, maquiladora y de servicios de exportación (Span.)
Buenos Aires Tax Alert: Extension of the Amnesty Program for the Disclosure of Unreported Foreign Currency (Eng.); Prorroga Del Regimen de Blanqueo de Moneda Extranjera (Span.)
Buenos Aires Tax Alert: New Income Tax perception on certain exportations of goods
(Eng.); Nueva percepción en el Impuesto a las Ganancias para los exportadores (Span.)
Other Topics
Kyiv Real Estate & Construction: Real Estate and Construction 2013 Year in Review
(Eng.); Нерухомість та Будівництво Огляд Hововведень 2013 року (Ukr.);
Недвижимость и Строительство Обзор Нововведений 2013 года Russ.)
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)
Toronto Client Alert: Canada’s Anti-Spam Law To Come Into Force July 1, 2014
Webinars, Meetings, Seminars, Etc.
2014 International Trade Compliance Webinar Series
Global Trade and the Global Supply Chain: Key Issues for 2014
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).
71
•
FCPA Enforcement Trends – US, EU and Asia - Speakers: Joan Meyer (Washington, DC), Maria McMahon (Washington, DC), Sunny Mann (London) and
Michelle Gon (Shanghai) – [Original broadcast: January 14] PowerPoint. This will
be posted shortly.
•
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
Baker & McKenzie
•
Tuesday, June 17 The Comprehensive Economic and Trade Agreement (CETA),
The Transatlantic Trade and Investment Partnership (TTIP) and The Trans-Pacific
Partnership (TPP) - Speakers: Paul Burns (Toronto), Diane MacDonald (Chicago)
and Fred Burke (Ho Chi Minh City)
•
Tuesday, July 22 Import and Export of Used and/or Refurbished Goods in Asia Speakers: Eugene Lim (Singapore), Chen Ying (Hong Kong), Daisuke Tatsuno
(Tokyo) and Panya Sittisakonsin (Bangkok)
All webinars will begin at 11:00 AM EST (US) and are scheduled to run approximately 90 minutes. Login details will be sent about one week before each webinar. If you reside in a different time zone and wish to verify your time - please
click on the following link: www.timeanddate.com.
We hope you will participate in and enjoy this webinar series! If you have any
questions regarding this webinar series, please contact: Sal Gonzalez, Marketing
Coordinator, Tel: +1 202 835 1661
MCLE Credit
Each of the webinars in the 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.
2014 EU Anti-Bribery, Trade and Customs Webinar Series
Our EU Compliance, International Trade and Customs Groups are bringing together their considerable local knowledge and on the ground experience to deliver their third webinar series. This year’s series will cover a range of customs, export control, trade sanctions and anti-bribery and corruption topics.
Our first webinar will be on Thursday 27 February 2014 on the topic of “Union
Customs Code: What to expect from the draft Implementing Provisions and
how to take part in the negotiations”. We are delighted that Jim Repper, HM
Revenue & Customs Policy Advisor working within the UCC Negotiations Team,
will be joining us for this very topical session. Companies will be provided with a
unique insight into the expected changes to the customs rules which will take
place from 2016 and into how they can participate in the current legislative review
and negotiation process.
All webinars will begin at 16.00 (GMT) on each of the dates listed below and are
scheduled to run for 90 minutes. Our panel of speakers will provide a practical
overview of each of the topics listed below, using both examples of recent cases
and case studies. Our panel of speakers and moderators will comprise leading
international trade experts from various EMEA locations including: Alexander Bychkov (Moscow), Ross Denton (London), Jasper Helder (Amsterdam), Nicole
Looks (Frankfurt), Sunny Mann (London), Jennifer Revis (London).
•
72
Thursday, February 27: Union Customs Code: What to expect from the draft Implementing Provisions and how to take part in the negotiations. Guest speaker:
Jim Repper from HM Revenue & Customs
Baker & McKenzie
•
Thursday, March 28: Anti-Bribery and Corruption: Insight into SFO/ DOJ and update on the introduction of Deferred Prosecutions Agreements (DPAs) in the UK
and lessons learnt from DPAs in the US
•
Thursday, April 10: EU Trade Sanctions Update
•
Thursday, May 8: How to conduct M&A due diligence in the areas of International
Trade and Anti-Bribery and Corruption
•
Thursday, June 26: Customs: How to classify and value your products
•
o
Overview of tariff classification and valuation rules
o
Recent examples
Thursday, September 25: Customs: How to determine the origin of your products
o
Overview of non-preferential and preferential origin rules
o
Practical examples
o
Update on Free Trade Agreements (FTA) negotiations
•
Thursday, October 23: Fundamentals and Pitfalls of EU Export Controls
•
Thursday, November 20: Investigations and Voluntary Disclosures in International
Trade and Anti-Bribery and Corruption
•
Thursday, December 11: Anti-Bribery and Corruption: Key Developments
Register Now. Our complimentary webinar series is aimed at in-house legal
counsel and compliance managers, ranging from those who are new to the areas
concerned, through to experienced practitioners who want to refresh their
knowledge and learn more about customs regulations and compliance.
Participants can register for one or more of these webinars. We hope that you will
be able to join us for what should be an interesting and fruitful series.
For more information, please contact: Abby Gale Zipagan, Business Development
Coordinator +63 2 819 4277
15th Latin America Tax Conference – Miami March 12-14
Baker & McKenzie is pleased to invite you to attend our 15th Annual Latin America Tax Conference on March 12 - 14, in Miami, Florida.
Our Latin American Tax Conference has become a key professional development
and networking event for law and tax experts with business interests in Latin
America. It presents a great opportunity for in-depth exploration and discussion of
today’s evolving Latin American tax landscape.
The 15th edition of the Latin America Conference will bring an even stronger
global focus, with the participation of U.S. and European Tax Partners, who will
discuss the tax issues attributed to U.S. parent companies and the use of European holding structures for your Latin America investments. The Seminar will also
offer one-on-one meetings, designed to allow our clients and friends to discuss
issues of their own concern.
The 15th Conference plenary and breakout sessions will include:
Plenary Sessions
73
Baker & McKenzie
•
Major Developments and Tax Reforms in the Region
•
Key Transfer Pricing issues, including new opportunities of obtaining APA´s in
Latin America
•
Developments at the OECD and the BEPS and how it affects your investment in
Latin America
•
Repatriation Strategies
Breakout Sessions
•
Tax Audits and Disputes Across the Region
•
Acquisitions and Restructuring in Latin America
•
Taxation of Expatriates
•
Use of European Holding, Trading and Finance Vehicles for Multinational Groups
•
Tax Structures for Infrastructure Projects
•
Taxation of Transfer of Technology and Intellectual Property
We are also offering an optional Pre-Conference Session the morning of March
12, designed to provide a comprehensive Overview of the Latin America Tax Systems, before addressing more specific topics.
To download the detailed Agenda, please click here
We are also pleased to offer supplemental one-to-one meetings on Friday March
14, 2014. These meetings are designed to allow our clients and friends to discuss
issues of their own concern during a one-hour session.
The cost of attending the conference is:
Option 1: Full Conference plus March 12 Pre-Conference Session and Luncheon
•
Early Bird Individual Registration (on or before February 12, 2014) - US $950 per
person
•
Early Bird with Group Registration (on or before February 12, 2014) - US $850
per person
•
Individual Registration - US $1,050 per person
•
Group Registration - US $950 per person
Option 2: Full Conference (does not include March 12 Pre-Conference Session or Luncheon)
•
Early Bird Individual Registration (on or before February 12, 2014) - US $850 per
person
•
Early Bird with Group Registration (on or before February 12, 2014) - US $750
per person
•
Individual Registration - US $950 per person
•
Group Registration - US $850 per person
To register, click here. For more information please contact: Pilar Segretin
Baker & McKenzie Latin America.
74
Baker & McKenzie
Approved for 10.75 California general CLE credit, 10.75 Illinois general CLE credit, 12.5 New York
general CLE credit, and 10.75 Texas general CLE credit. 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 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 12/12/1212/11/15. 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 12.5 Texas CPE credit. A uniform certificate for 12.5 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.
View 2013 International Trade Compliance Webinar Series on-line
Our recently completed 2013 International Trade Compliance Webinar Series focused on
“Globalization of the Supply Chain: Trade Regulation and Developments.” If you
missed any webinars in this series, or would like to see them again, you may view them or
download only the PowerPoint used, by clicking on the link above or title below:
•
•
•
•
•
•
•
Russia’s Accession to the WTO - Speakers: Alexander Bychkov (Moscow) and
Vladimir Efremov (Moscow), Terrie Gleason (Washington, DC) [Original broadcast January 15] PowerPoint only
US, EU and Swiss Trade Sanctions Enforcement Cases and Trends - Speakers:
Jasper Helder (Amsterdam), Jonathan Poling (Washington, DC) Philippe Reich
(Zurich), Terrie Gleason (Washington, DC) [Original broadcast: February 12,
2013] PowerPoint only
Trans-Pacific Partnership and Other Trade Agreement Developments - Speakers:
Frederick Burke (Ho Chi Minh City), Edmundo Elias (Guadalajara), Diane MacDonald (Chicago), Brian Cacic (Toronto), Terrie Gleason (Washington, DC) [Original broadcast March 12, 2013] PowerPoint only
Increased Customs Scrutiny and Enforcement Activity in Latin America - Speakers: Adriana Ibarra-Fernandez (Mexico City), Alessandra Machado (Sao Paulo),
Esteban Ropolo (Buenos Aires), Terrie Gleason (Washington, DC) [Original
broadcast April 23, 2013] PowerPoint only
Post-Election US Trade Policy - Speakers: Stuart Seidel (Washington, DC), Teresa Gleason (Washington, DC), and John McKenzie (San Francisco/Palo Alto)
[Original broadcast June 4, 2013] PowerPoint only
FCPA and Anti-Bribery Cases and Trends in the US, China and Russia - Speakers: Reagan Demas (Washington, DC), Michelle Gon (Shanghai), Alexander Bychkov (Moscow) - Moderator: Maria McMahon (Washington, DC) [Original broadcast June 18, 2013] PowerPoint only
Customs Valuation and Transfer Pricing: Developments in the US, Canada, EU
and China - Speakers: Robert Eisen (New York), Paul Burns (Toronto), Jennifer
Revis (London), Eugene Lim (Hong Kong) - Moderator: William D. Outman (San
Francisco) [Original broadcast July 23, 2013] PowerPoint only
View 2013 EU Anti-Bribery, Trade and Customs Webinar Series online
Our EU Compliance, International Trade and Customs Groups brought together
their considerable local knowledge and on the ground experience to deliver their
second webinar series. The 2013 series covered a range of customs, export control, trade sanctions and anti-bribery and corruption topics.
All webinars were recorded and are available for viewing at your convenience, as
are the accompanying PowerPoint presentations, by clicking on the links below..
Our panel of speakers provided a practical overview of each of the topics listed
75
Baker & McKenzie
below, using both examples of re-cent cases and case studies. Our speakers and
moderators comprise leading international trade experts from various EMEA locations.
•
March 21: EU Trade Sanctions (Presentation only)
•
April 18: Anti-Bribery and Corruption : M&A Due Diligence (Presentation only)
•
May 23: Third Party Supply Chain Risks (Customs, Export Controls and AntiBribery) (Presentation only)
•
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 (Presentation only)
Our complimentary webinar series is aimed at in-house legal counsel and compliance managers, ranging from those who are new to the areas concerned, through
to experienced practitioners who want to refresh their knowledge and learn more
about customs regulations and compliance.
View 2012 EU Customs Webinar Series: Boost Your Local Compliance
Our EU Customs Group brought together its considerable local knowledge and
“on the ground” experience to deliver its first webinar series. This 2012 series was
centred around several key EU Customs topics, which have been identified to
help companies review and boost their local compliance procedures.
Our panel of speakers and moderators was comprised of leading Customs experts from various EMEA locations. 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:
76
•
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)
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.
•
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.
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).
•
Anti-Corruption and Anti-Bribery Corruption Compliance Programs in the US, EU
and China [Broadcast January 10, 2012]
•
Export Control Compliance Programs in the US, EU and Mexico [Broadcast February 14, 2012]
•
Trade Sanctions Compliance Programs in the US, EU and Canada [Broadcast
March 13, 2012]
•
Customs Free Trade Agreements and Duty Preference Compliance Programs in
the US, Canada, Mexico and China [Broadcast April 17]
•
Customs Valuation and Transfer Pricing Compliance Programs in the US, EU and
Canada [Broadcast May 15, 2012]
•
Antidumping and Countervailing Duty Compliance Programs in the US and Canada [Broadcast June 12, 2012]
•
Customs Classification Compliance Programs in the US, EU and China [Broadcast August 28, 2012]
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.
View 2011 International Trade Compliance webinar series on-line
International Trade Developments and Audits, Investigations and Prior
Disclosures Around the World
Baker & McKenzie’s Global International Trade, Compliance and Customs Practice Group began its 2011 webinar series in January. Each completed 90 minute
webinar has been made available on-line in case you missed it or want to see it
again.
77
Baker & McKenzie
•
•
•
•
•
•
•
•
US and EU Iran Sanctions Update [Broadcast January 18, 2011]
Antidumping/CVD Developments: Asia, North American and Brazil [Broadcast
February 15, 2011]
Export Control and Sanctions [Broadcast March 15, 2011]
Foreign Corrupt Practices Act (FCPA) and Anti-bribery [Broadcast April 19, 2011]
Customs (Europe) [Broadcast May 17, 2011]
Customs (The Americas) (Part 1) [Broadcast May 24, 2011]
Customs (The Americas) (Part 2) [Broadcast June 14, 2011]
Customs (Asia) [Broadcast July 19, 2011]
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
Brazil
BRA/325/Rev.1
Date
Issued
Final Date
for
Comments
Merchandise Covered
1/14/2014
Not given
Almond of the cashew chestnut
1/21/2014
Not given
Household and similar electrical appliances
1/28/2014
Not given
Household and similar electrical appliances
Brazil
BRA/343/Add.1/
Rev.1
BRA/343/Rev.1/
Corr.1
Brazil
BRA/396/Add.5
1/6/2014
Not given
Festive or other entertainment articles, including conjuring tricks and novelty jokes (HS 9505)
Brazil
BRA/401/Rev.1/
Corr.1
1/28/2014
Not given
Wooden baby cribs (HS 9403.50)
Brazil
BRA/408/Rev.1
1/28/2014
Not given
Parts and accessories for motor vehicles (brakes, radiators, mufflers, exhaust pipes, clutches, steering
wheels, etc.) (HS 8708)
Brazil
BRA/491/Add.1/
Rev.1
1/21/2014
Not given
Wires, cables and electric flexible cords (HS 8544)
Brazil
BRA/494/Rev.1/
Corr.1
1/28/2014
Not given
Brazil
BRA/515/Add.2
1/23/2014
Not given
Brazil
BRA/542/Add.1
1/21/2014
Not given
Brazil
BRA/547/Add.1
1/21/2014
Not given
Brazil
78
Notification
Wires, cables and electrical cords (Electrical apparatus
for making connections to or in electrical circuits) (HS
8536)
Parts of motor vehicles (Steering wheels, and parts
thereof) (HS 8708)
Child restraint devices; Baby carriages and parts
thereof (HS 8715)
Friction material and articles thereof (for example,
sheets, rolls, strips, segments, discs, washers, pads),
not mounted, for brakes, for clutches or the like, with a
basis of asbestos, of other mineral substances or of
cellulose, whether or not combined with textile or other
Baker & McKenzie
Country
Notification
Date
Issued
Final Date
for
Comments
Merchandise Covered
materials (HS 6813)
79
Brazil
BRA/565/Corr.1
1/14/2014
Not given
Cashew chestnut almonds (HS 0801.30)
Brazil
BRA/570
1/9/2014
Not given
Brazil
BRA/571
1/9/2014
3/11/2014
Brazil
BRA/572
1/15/2014
2/8/2014
Fertilizers (HS 31)
Animal Products, Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit
for human consumption (HS 0511)
Cane Sugar, Cane or beet sugar and chemically pure
sucrose, in solid form (HS 1701)
Brazil
BRA/573
1/23/2014
2/13/2014
Waters, including natural or artificial mineral waters
and aerated waters, not containing added sugar or
other sweetening matter nor flavoured; ice and snow
(HS 2201)
Brazil
BRA/574
1/24/2014
2/24/2014
Medicines
Brazil
BRA/474/Add.2
1/31/2014
Not given
Baby carriages (HS 8715)
Canada
CAN/362/Add.1
1/6/2014
Not given
Explosives
Canada
CAN/375/Add.1
1/6/2014
Not given
Motor vehicles
Canada
CAN/358/Add.1
1/9/2014
Not given
Motor vehicle tires
Canada
CAN/234/Add.5
1/20/2014
Not given
Residential dehumidifiers; residential dishwashers;
commercial ice-makers; residential gas furnaces;
commercial clothes washers; residential wine chillers;
commercial and industrial gas unit heaters; torchieres
(floor lamps); ceiling fan lighting; traffic signal modules
and pedestrian modules; general service lamps, general service incandescent reflector lamps and compact
fluorescent lamps
Canada
CAN/395/Add.1
1/20/2014
Not given
Non-medicated eyewashes
Canada
CAN/407
1/21/2014
3/27/2014
Rail tank cars
Chile
CHL/250
1/14/2014
3/16/2014
Luminaires with LED - public lighting
Chile
CHL/251
1/14/2014
3/16/2014
Luminaires with discharge lamps
China
CHN/1015
12/20/2013 2/20/2014
Ceramic cartridge faucets
China
CHN/1018
1/31/2014
3/31/2014
Medical devices
Colombia
COL/11/Add.5
1/8/2014
Not given
Motor vehicles and their trailers
Colombia
COL/58/Add.11
1/9/2014
Not given
Tyres
Colombia
COL/100/Add.4
1/8/2014
Not given
Bullet-proof glass (HS 70, 8707)
Colombia
COL/105/Add.6
1/28/2014
Not given
Ecuador
ECU/123
12/16/2013 3/11/2014
Ecuador
ECU/127
12/16/2013 3/11/2014
Compressed Natural Gas (CNG) cylinders, and CNG
conversion kits and spare parts therefor (HS 7311,
8409)
Sugar confectionery (HS 1704.10, 1704.10.10,
1704.10.90, 1704.90, 1704.90.10 and 1704.90.90)
Cocoa products: chocolate (HS 1806, 1806.10.00,
1806.20, 1806.20.10, 1806.20.90, 1806.31.00,
1806.32.00 and 1806.90.00)
Baker & McKenzie
Country
80
Notification
Date
Issued
Final Date
for
Comments
Merchandise Covered
Dispersing and spraying appliances (HS 8424.30.00,
8424.81.20, 8424.81.31.10, 8424.81.31.29,
8424.81.39, 8424.81.90 and 8424.89.00)
Electric accumulators (HS 8507.10.00, 8507.20.00,
8507.30.00, 8507.40.00, 8507.50.00, 8507.50.00,
8507.60.00, 8507.60.00, 8507.80.00 and 8507.80.00)
Low-voltage switching apparatus (HS 8536, 8536.10,
8536.10.10, 8536.10.20, 8536.10.90, 8536.20,
8536.20.20, 8536.20.90, 8536.30, 8536.49.11,
8536.49.19, 8536.50, 8536.50.90, 85.36.61, and
8536.69)
Engine parts and fittings (HS 8407.29, 8407.31,
8407.32, 8407.33, 8407.34, 8407.90, 8408.20.10,
8408.20.90, 8408.90.10, 8408.90.20, 8409.91.10,
8409.91.20, 8409.91.30, 8409.91.40, 8409.91.50,
8409.91.60, 8409.91.70, 8409.91.80, 8409.91.91,
8409.91.99, 8409.99.10, 8409.99.20, 8409.99.30,
8409.99.40, 8409.99.50, 8409.99.60, 8409.99.70,
8409.99.80, 8409.99.91, and 8409.99.92)
Audio-frequency electric amplifiers (HS 8518.40 and
8518.50)
Ecuador
ECU/129
12/16/2013 3/11/2014
Ecuador
ECU/132
12/18/2013 3/11/2014
Ecuador
ECU/125
12/16/2013 3/11/2014
Ecuador
ECU/134
12/19/2013 3/10/2014
Ecuador
ECU/135
12/19/2013 3/13/2014
Ecuador
ECU/133
12/18/2013 3/11/2014
8417.20.9000 and 8417.80.9000
Ecuador
ECU/136
1/7/2014
3/18/2014
Gas meters (HS 9028.10)
Ecuador
ECU/137
1/7/2014
3/18/2014
Ecuador
ECU/139
1/7/2014
3/18/2014
Ecuador
ECU/140
1/7/2014
3/18/2014
Ecuador
ECU/141
1/7/2014
Not given
Ecuador
ECU/142
1/17/2014
4/13/2014
Ecuador
ECU/143
1/17/2014
4/13/2014
Ecuador
ECU/144
1/17/2014
4/13/2014
Ecuador
ECU/138
1/7/2014
3/18/2014
Ecuador
ECU/145
1/17/2014
4/13/2014
Ecuador
ECU/146
1/17/2014
4/13/2014
Ecuador
ECU/147
1/17/2014
4/13/2014
Headphones and earphones (HS 8518.30)
Ecuador
ECU/148
1/17/2014
4/13/2014
Microphones (HS 8518.10)
Pneumatic tools (HS 8467.11.10, 8467.11.20,
8467.11.90, 8467.19.10, 8467.19.20, 8467.19.90,
8467.81.00, 8467.89.10, and 8467.89.90)
Doors and windows (HS 4418.10.00.00,
4418.20.00.00, 7308.30.00.00, and 7610.10.00.00)
Carpets and other textile floor coverings (HS
5701.10.00, 5701.90.00, 5702.10.00, 5702.20.00,
5702.31.00, 5702.32.00, 5702.39.00, 5702.41.00,
5702.42.00, 5702.49.00, 5702.50.00, 5702.91.00,
5702.92.00, 5702.99.00, 5703.10.00, 5703.20.00,
5703.30.00, 5703.90.00, 5704.10.00, and 5704.90.00)
Toys (HS 9503)
Ball and roller bearings (HS 8482.10, 8482.30,
8482.40, 8482.50, 8482.80, 8482.91, and 8482.99)
Coach screws and other wood screws (HS 7318,
7318.11 and 7318.12)
Thermal performance of solar collectors (HS
8419.19.90)
External limb prostheses and external orthoses (HS
9021, 9021.10.10, 9021.10.20, 9021.29, 9021.31,
9021.40, 9021.50 and 9021.90)
Bare copper conductors for electrical use (HS
7408.00, 7408.11, 7408.19 and 7413.00)
Bare aluminium conductors for electrical use (HS
7614.00, 7614.10 and 7614.90)
Baker & McKenzie
Country
European Union
81
Notification
EU/176
Date
Issued
Final Date
for
Comments
1/28/2014
4/28/2014
Merchandise Covered
Lightweight plastic carrier bags
-Electric mains-operated professional storage cabinets
including those sold for the refrigeration of items other
than foodstuffs; -Electric mains-operated blast cabinets; -Process chillers intended to operate at low and
medium temperature; -Condensing units operating at
low and medium temperature.
Electric mains-operated professional storage cabinets
including those sold for the refrigeration of items other
than foodstuffs
European Union
EU/177
1/28/2014
3/28/2014
European Union
EU/178
1/28/2014
3/28/2014
Gambia, The
GMB/1
1/22/2014
Not given
All businesses
Gambia, The
GMB/2
1/22/2014
3/22/2014
All goods and services
Georgia
GEO/76
1/28/2014
Not given
Lifts
Georgia
GEO/77
1/28/2014
Not given
Pressure vessels
Georgia
GEO/78
1/29/2014
Not given
Pressure Vessels (ICS: 23.020.30;
77.140.30;27.060.30)
Georgia
GEO/79
1/29/2014
Not given
Recreational craft (ICS: 03.220.40; 47.020; 47.040)
Georgia
GEO/80
1/29/2014
Not given
Cableway
Georgia
GEO/81
1/29/2014
Not given
Boilers
Indonesia
IDN/19/Add.7
1/7/2014
Not given
Indonesia
IDN/40/Add.2
1/7/2014
Not given
Indonesia
IDN/49/Add.1
1/7/2014
Not given
Indonesia
IDN/53/Add.1
1/7/2014
Not given
Tank Steel for LPG (HS 7311); Valve of Tank Steel for
LPG (HS 8481.80); LPG Stove of One Tank with Mechanic Burning (HS 7321.11, 7321.81, 7321.90); Low
Pressure Regulator for LPG Tank Steel (HS 8481.10,
8481.80); Rubber Hose for LPG (HS 4009.11,
4009.12)
Vehicle rim category M, N, O SNI: 1896:2008 (HS
8708.70) Vehicle rim category L - SNI 4658:2008 (HS
8714.19)
Rubber seals for LPG steel cylinder valve (HS
4016.93.90.00)
SNI:7617:2010 Babies’ Garments and Accessories,
Knitted or Crocheted: of cotton; HS 6111.20.00.00); -of
synthetic fibres; (HS 6111.30.00.00); -of other textile
materials, (HS 6111.90.00.00); Babies - garments and
clothing accessories -of cotton: -T-shirts, shirts, pyjamas, napkins (diapers) and similar articles;(HS
6209.20.30.00)--other: suits, pants and similar articles
(HS 6209.20.90.10)- other; (HS 6209.20.90.90) of synthetic fibres;-suits, pants and similar articles; (HS
6209.30.10.00);--T-shirts, shirts, pyjamas, napkins
(diapers) and similar articles; HS 6209.30.30.00-clothing accessories, (HS 6209.30.40.00); Of other
textile materials; (HS 6209.90.00.00). Sanitary towels
(pads) and tampons, napkins and napkin liners for
babies and similar articles, of any material- Other: Knitted or crocheted: With an absorbent core of wadding of textile materials; (HS 9619.00.91.10) Other:
(HS 9619.00.91.90);- Other: With an absorbent core of
Baker & McKenzie
Country
Notification
Date
Issued
Final Date
for
Comments
Merchandise Covered
wadding of textile materials (HS 9619.00.99.10) - Other: (HS 9619.00.99.90)
82
Indonesia
IDN/82
1/7/2014
3/7/2014
HS Ex. 7009.91.00.00; Ex. 7009.92.00.00
Indonesia
IDN/83
1/7/2014
3/7/2014
Silvered flat-glass mirror (HS Ex. 7009.91.00.00; Ex.
7009.92.00.00)
Indonesia
IDN/84
1/13/2014
3/13/2014
Processed food
Indonesia
IDN/64/Add.2
1/31/2014
Not given
Toys (HS 9503), Baby walker-of metal (HS 9403.20) of
plastics (9403.70), Tricycles, scooters, pedal cars and
similar wheeled toys; dolls’ carriages (HS 9503), Dolls
(HS 9503), Electric trains, including tracks, signals and
other accessories therefore (HS 9503), FtalatReduced size (“scale”) models and similar recreational
models, working or not: Model aircraft assembly kits,
Others (HS 9503)
Indonesia
IDN/66/Add.1
1/31/2014
Not given
Air conditioner, refrigerator, and washing machine
Cement, Portland cement, aluminous cement, slag
cement, supersulphate cement and similar hydraulic
cements, whether or not coloured or in the form of
clinkers (HS 2523)
Tobacco products, Unmanufactured tobacco; tobacco
refuse. (HS 2401), Cigars, cheroots, cigarillos and
cigarettes, of tobacco or of tobacco substitutes. (HS
2402), Other manufactured tobacco and manufactured
tobacco substitutes; “homogenized” or “reconstituted”
tobacco; tobacco extracts and essences (HS 2403)
Israel
ISR/729
1/9/2014
3/9/2014
Israel
ISR/730
1/9/2014
3/9/2014
Japan
JPN/447/Corr.1
1/23/2014
Not given
Chemical substances
Japan
JPN/450
1/31/2014
3/3/2014
Pharmaceutical products (HS 30)
Kenya
KEN/400
1/14/2014
3/14/2014
Animal feed (HS 2309.90)
Kenya
KEN/401
1/14/2014
3/14/2014
Domestic biogas stoves (HS 7321.81)
Kenya
KEN/402
1/14/2014
3/14/2014
Domestic biogas lamps - Specification
Korea, Republic of
KOR/462
1/13/2014
3/13/2014
Pharmaceuticals
Korea, Republic of
KOR/463
1/13/2014
3/13/2014
Livestock products
Korea, Republic of
KOR/464
1/13/2014
3/13/2014
Cosmetics
Korea, Republic of
KOR/465
1/14/2014
3/14/2014
Food Labelling
Korea, Republic of
KOR/466
1/14/2014
3/14/2014
Medical devices
Korea, Republic of
KOR/467
1/14/2014
3/14/2014
Automobiles
Korea, Republic of
KOR/468
1/20/2014
3/20/2014
Cosmetics
Korea, Republic of
KOR/469
1/28/2014
3/19/2014
Railway vehicles and constituents (including a list of
applicable constituents)
Korea, Republic of
KOR/470
1/28/2014
3/28/2014
Mobile station
Kuwait
KWT/198
1/17/2014
3/17/2014
All low voltage electrical appliances included in HS
Baker & McKenzie
Country
Date
Issued
Final Date
for
Comments
chapters 84 & 85
Construction products (HS 7005.29.90, 7005.21.90,
7005.10.90, 7005.30, 7607.20.10, 6811.82.10,
6811.82.20, 6811.82.90, 6806.10, 7019.90.10)
MYS/37
1/21/2014
Mexico
MEX/250/Add.1
12/19/2013 Not given
Liquefied petroleum gas storage systems
Mexico
MEX/242/Add.2
12/18/2013 Not given
Biotechnological medicines and biopharmaceuticals
07.030
Mexico
MEX/263/Add.1
1/7/2014
Not given
Electronic equipment and appliances
Mexico
MEX/255/Add.3
1/15/2014
Not given
Good manufacturing practices for medicinal products
Mexico
MEX/266
1/14/2014
3/7/2014
Turbine-type vertical pumps with external vertical electric motors
Mexico
MEX/267
1/14/2014
3/7/2014
Water pump motors
Mexico
MEX/268
1/15/2014
2/24/2014
Cream
Nicaragua
NIC/133
1/15/2014
3/15/2014
Oil Palm
Paraguay
PRY/68/Add.1
1/28/2014
Not given
Bell peppers (Capsicum annuum)
Not given
Pharmaceutical products (HS 30); perfumes and toilet
waters (HS 3303); beauty or make-up preparations
and preparations for the care of the skin (other than
medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations (HS 3304);
preparations for use on the hair (HS 3305); soap; organic surface-active products and preparations for use
as soap, in the form of bars, cakes, moulded pieces or
shapes, whether or not containing soap; organic surface-active products and preparations for washing the
skin, in the form of liquid or cream and put up for retail
sale, whether or not containing soap; paper, wadding,
felt and nonwovens, impregnated, coated or covered
with soap or detergent (HS 3401); organic surfaceactive agents (other than soap); surface-active preparations, washing preparations (including auxiliary
washing preparations) and cleaning preparations,
whether or not containing soap, other than those of
heading 34.01 (HS 3402); -- of a kind used in the textile or like industries (HS 380991); toilet paper and
similar paper, cellulose wadding or webs of cellulose
fibres, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut
to size or shape; handkerchiefs, cleansing tissues,
towels, tablecloths, serviettes, napkins and napkin
liners for babies, sanitary towels (pads) and tampons,
bed sheets and similar household, sanitary or hospital
articles, articles of apparel and clothing accessories
(HS 4818); wadding of textile materials and articles
thereof; textile fibres, not exceeding 5 mm in length
(flock), textile dust and mill neps (HS 5601); instruments and appliances used in medical, surgical, dental
or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sighttesting instruments (HS 9018); mechano-therapy appliances; massage apparatus; psychological aptitude-
PER/54
1/13/2014
3/21/2014
Merchandise Covered
Malaysia
Peru
83
Notification
Baker & McKenzie
Country
Notification
Date
Issued
Final Date
for
Comments
Merchandise Covered
testing apparatus; ozone therapy, oxygen therapy,
aerosol therapy, artificial respiration or other therapeutic respiration apparatus (HS 9019); orthopaedic appliances, including crutches, surgical belts and trusses;
splints and other fracture appliances; artificial parts of
the body; hearing aids and other appliances which are
worn or carried, or implanted in the body, to compensate for a defect or disability (HS 9021); apparatus
based on the use of X-rays or of alpha, beta or gamma
radiations, whether or not for medical, surgical, dental
or veterinary uses, including radiography or radiotherapy apparatus, X-ray tubes and other X-ray generators, high tension generators, control panels and
desks, screens, examination or treatment tables,
chairs and the like (HS 9022); medical, surgical, dental
or veterinary furniture (for example, operating tables,
examination tables, hospital beds with mechanical
fittings, dentists’ chairs); barbers’ chairs and similar
chairs, having rotating as well as both reclining and
elevating movements; parts of the foregoing articles
(HS 9402). Pharmaceutical products: medicine, herbal
medicine, dietary products and sweeteners, and biological and galenic products classified under Chapter
30 of the Harmonized System or Customs Tariff. Medical devices classified under headings 9018, 9019,
9021, 9022 and 9402 of the Harmonized System or
Customs Tariff. Sanitary products: cosmetics, domestic hygiene products and absorbent personal hygiene
products classified under the following headings of the
Harmonized System or Customs Tariff: 3303, 3304,
3305, 3401, 3402, 4818, 5601, subheading
3808.91.3401, 3402, 3809.91.00, 4818 and 5601.
84
Qatar
QAT/319
1/17/2014
3/17/2014
Low voltage electrical equipment
Russian Federation
RUS/29
1/8/2014
3/1/2014
Products for children and adolescents
Russian Federation
RUS/31
1/8/2014
3/1/2014
Light industry products
Russian Federation
RUS/32
1/8/2014
2/27/2014
Oil and fat products
Rwanda
RWA/13
1/31/2014
Not given
Fertilizers and Pesticides: Calcium ammonium nitrate,
Solid compound fertilizer, Granulated Superphosphate
fertilizers, Urea fertilizer grade, Pyrethrins based insecticides spray application, Household insecticidal
aerosols
Rwanda
RWA/14
1/31/2014
Not given
Fortified food products
Rwanda
RWA/15
1/31/2014
Not given
Rwanda
RWA/16
1/31/2014
Not given
Rwanda
RWA/17
1/31/2014
Not given
Processed Products: Milk based foods, Cakes, Cookies, Fruit Jams, Jellies and Marmalade, Peanut Butter,
Chilli Sauce Ground cassava leaves (ISOMBE), Fresh
Tofu, Cooked Packaged Beans, Cooked Packaged
Maize, Roasted macadamia.
Edible fats and oils, Named Animal fats, Edible palm
Oil, Named vegetable oils, Margarine, named vegetable oils
Tea and Coffee: Black tea, Roasted Coffee Beans and
Roasted Ground Coffee, Instant (soluble) Coffee,
Baker & McKenzie
Country
Notification
Date
Issued
Final Date
for
Comments
Merchandise Covered
Green coffee, Green Tea
Rwanda
85
RWA/18
1/31/2014
Not given
Sugar and sugar products: Honey
Rwanda
RWA/19
1/31/2014
Not given
Milk and Milk products: Unprocessed Whole Milk, Pasteurized Liquid Milk, Fermented (Cultured) Milks, UHT
Milk; Specification, Milk powders and Cream powders,
Yoghurt, Cheese
Rwanda
RWA/20
1/31/2014
Not given
Meat and meat products including fish
Rwanda
RWA/21
1/31/2014
Not given
Beverages
Rwanda
RWA/22
1/31/2014
Not given
Roots and Tubers
Rwanda
RWA/23
1/31/2014
Not given
Fertilizers, Animal Feeds
Rwanda
RWA/24
1/31/2014
Not given
Cosmetics and Related Products
Rwanda
RWA/25
1/31/2014
Not given
Toiletries and Surface Active Agents: Washing bars
Synthetic laundry detergents for household use, Detergent for industrial dishwashing equipment, Liquid
household hand dishwashing detergent
Rwanda
RWA/26
1/31/2014
Not given
Products of the textile industry
Rwanda
RWA/27
1/31/2014
Not given
Water quality; Tolerance limits of discharged industrial
wastewater
Rwanda
RWA/28
1/31/2014
Not given
Construction materials in general
Rwanda
RWA/9
1/29/2014
Not given
Labeling and Hygiene: General standard for the labeling of Pre-Packaged Foods; General standard for the
labeling of Food Additives when sold as such; General
standard for the labeling and claims for prepackaged
foods for special dietary uses; Code of practice ?General Principle for Food Hygiene; Code of Hygienic
Practice for Meat; Code of hygienic practice for powdered formulae for infants and young children; Requirements for Hazard Analysis Critical Control Points
(HACCP) system.
Rwanda
RWA/10
1/29/2014
Not given
Sugar and sugar products
Rwanda
RWA/11
1/29/2014
Not given
Cereals, pulses and derived products
Rwanda
RWA/12
1/29/2014
Not given
Prepackaged and prepared foods
Saudi Arabia
SAU/710
1/6/2014
3/6/2014
Saudi Arabia
SAU/711
1/6/2014
3/6/2014
Saudi Arabia
SAU/712
1/6/2014
3/6/2014
Saudi Arabia
SAU/713
1/7/2014
3/7/2014
Vehicles, fuel economy
Saudi Arabia
SAU/714
1/28/2014
3/28/2014
Rigid, cellular polystyrene thermal insulation
Saudi Arabia
SAU/715
1/28/2014
3/28/2014
Polyurethane foam for thermal insulation
Saudi Arabia
SAU/716
1/28/2014
3/28/2014
Polyurethane foam for thermal insulation
D.C. or A.C. supplied electronic control gear for LED
modules
Secondary cells and batteries containing alkaline or
other non-acid electrolytes
Secondary cells and batteries containing alkaline or
other non-acid electrolytes
Baker & McKenzie
Country
86
Notification
Date
Issued
Final Date
for
Comments
Merchandise Covered
Saudi Arabia
SAU/717
1/28/2014
3/28/2014
Pesticides Residues and Contaminants in Organic
Food
Saudi Arabia
SAU/718
1/28/2014
3/28/2014
Bottled drinking water
Saudi Arabia
SAU/719
1/28/2014
3/28/2014
South Africa
ZAF/85/Rev.1
1/14/2014
Not given
Sunflower seed (HS 1206)
South Africa
ZAF/86/Rev.1
1/14/2014
Not given
Soya beans (HS 1201)
South Africa
ZAF/169/Corr.1
1/14/2014
Not given
Sunflower seeds, whether or not broken (HS 1206)
South Africa
ZAF/170/Corr.1
1/14/2014
Not given
Soya beans, whether or not broken (HS 1201)
Sri Lanka
LKA/33
1/29/2014
Not given
Taiwan Economy
TPKM/154
1/7/2014
2/7/2014
Taiwan Economy
TPKM/144/Add.1 1/15/2014
Products covered and HS Codes are given in the Gazette Notification No. 1844/49.
Prepackaged Fresh Milk, Sterilized Milk, Flavoured
Milk, Milk Drink, and Milk Powder product
Not given
Pre-packaged Food Products
Ukraine
UKR/94
1/6/2014
3/6/2014
Animal by-products not intended for human consumption (animal by-products) - all or part of the carcase or
carcase parts of the slaughtered, dead animals, raw
animal products not intended or declared unfit for human consumption, including inedible animal products,
manure, are to have compulsory treatment, recycled,
recovered or removed
Ukraine
UKR/95
1/14/2014
3/14/2014
All products.
Ukraine
UKR/96
1/17/2014
List of products subject to compulsory certification (HS
Not given
8517, 3604, 9018, 8701-8708, 8711-8712, 8716,
by country
8721)
Cosmetics and Personal Care Products categorised as
3/15/2014
Halal
United Arab Emirates ARE/183
1/15/2014
1/15/2014
3/15/2014
USA/538/Add.3/
United States
Corr.1
1/21/2014
3/21/2014
Meat and meat products
1/13/2014
Not given
Bassinets and cradles (HS 9404)
United States
USA/703/Add.3
1/15/2014
Not given
Furnace fans (HS 8414)
United States
USA/710/Add.2
1/15/2014
Not given
Energy conservation
United States
USA/778/Add.2
1/15/2014
Not given
Set-top boxes
United States
USA/863/Add.1
1/13/2014
Not given
Residential furnace fans (HS 8414)
United States
USA/876
1/13/2014
1/21/2014
Air conditioners (HS 8415)
United States
USA/877
1/13/2014
2/10/2014
Televisions (HS 8525)
United States
USA/878
1/13/2014
3/31/2014
Hazardous materials
United States
USA/879
1/15/2014
1/30/2014
Hearth products
United States
USA/770/Add.1
1/31/2014
Not given
Bedside sleepers
United States
USA/874/Add.1
1/31/2014
Not given
General service lamps (HS 8512.90)
Baker & McKenzie
Country
Notification
Date
Issued
Final Date
for
Comments
Merchandise Covered
United States
USA/880
1/31/2014
3/18/2014
Road vehicles
United States
USA/881
1/31/2014
4/8/2014
Tobacco products (HS 2402)
United States
USA/882
1/31/2014
4/28/2014
Child restraint systems
CBP Rulings: Downloads and Searches
Because US Customs and Border Protection issues several thousand rulings a
year, it is not practical to list each ruling. However, rulings are made available for
downloading in self extracting files approximately every two weeks at:
http://www.cbp.gov/xp/cgov/trade/legal/rulings/downloadable_rulings/. In addition, almost all rulings issued by US Customs or US Customs and Border Protection from 1993 to the present and many issued before 1993 are available for
search and downloading using the CROSS search engine at
http://rulings.cbp.gov.
CBP Rulings: Revocations or Modifications
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. Dates are given in mm/dd/yy format
Published in
CBP Bulletin
(P) Proposed
(A) Action
(P) 01/02/14
(A) 01/29/14
87
Product(s) or Issue(s)
Ruling(s) to be
Modified (M) or
Revoked (R)
Tariff classification of a
brick type plate used in
NY N016133 (R)
ballistic jackets from Italy.
plastic placemat and
NY N020816 (R)
coaster set
Tariff classification of
NY N022500 (R)
thermal transfer ribbons
NY G89656 (R)
NY I81158
(R)
power distribution units
NY B88396 (M)
HQ W968020 (R)
HQ H050118 (R)
NY N091640 (R)
Aquadoodle products
NY R03958 (R)
NY L88572 (R)
HQ 088500 (M)
certain pump assemblies NY D82549 (M)
NY N090938 (R)
hole saw kit
NY N202500 (M)
Old Classification or Position
New Ruling
New Classification or
Position
6903.20.00
HQ H218236 6914.90.80
3924.10.40
HQ H236273 3924.90.10
8443.99.25
3702.39.01,
HQ H097674
3702.44.01
Comments Due
(C) or Effective
Date (E)
(C) 02/03/14
8471.80.1000
8536.69.8000 HQ H203636 8537.10.90
8471.80.1000
6307
HQ H236028 9503.00.00
8424.89.00
HQ H237855 8413.20.00
8207.50.20
HQ H097658 8202.99.00
0710
HQ H212286 2004.90.85
(E) 03/31/14
Baker & McKenzie
Published in
CBP Bulletin
(P) Proposed
(A) Action
Brussels sprouts with
butter sauce
Reagent kit IM1579 RIA
Free T3
polyurethane coated
gloves
(P) 01/29/14
Ruling(s) to be
Modified (M) or
Revoked (R)
Product(s) or Issue(s)
Tariff classification of the
“Minkomatic” mink feeding vehicle
assembled multi-die
products
Old Classification or Position
non-NAFTA;
origin Belgium
New Ruling
New Classification or
Position
non-NAFTA; origin
Belgium
NY N019762 (M) 3002.10.01
HQ H035574 2844.40.00
NY N238691 (R)
NY N013115* (R) 3926.20
NY N042821*(M)
6116.10.55 [The rulHQ H246529 ings indicated by * are
HQ*H220278 attached but not mentioned in the notice]
NY 849985
Comments Due
(C) or Effective
Date (E)
(R) 8707.21.0000 HQ H183882 8436.80.00
(C) 02/28/14
HQ H013678 (R) 8543.89.9695 HQ H240792 9031.80.80
Section 337 Actions
In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C.
§1337) provides in rem relief from unfair practices in import trade, including unfair
methods of competition in the importation of articles, importation and sale in
the United States of articles which infringe US patents, registered trademarks,
copyrights or mask works. Listed below are 337 actions published during the past
month by the US International Trade Commission, the independent United States
agency charged with enforcement of section 337.
Ref. Number
Commodity
Action
Certain digital models, digital data, and
treatment plans for use in making incremental Commission determination to extend the target date for completion
337–TA–833 dental positioning adjustment appliances, the of the investigation; schedule for filing of additional written submisappliances made therefrom, and methods of sions from the parties and the public
making the same
Commission determination to affirm-in-part and reverse-in-part the
Certain rubber resins and processes for
final initial determination of the administrative law judge and to
337–TA–849
terminate the investigation with a finding of violation with respect to
manufacturing same
certain respondents; issuance of limited exclusion order
Commission has determined not to review an initial determination
Certain wireless communications base sta337–TA–871
by the presiding administrative law judge terminating the investitions and components thereof
gation in its entirety based on withdrawal of the complaint.
Commission determination not to review an initial determination
Certain Omega-3 extracts from marine or
granting a joint motion to terminate the investigation with respect
337–TA–877 aquatic biomass and products containing the to respondents Aker Biomarine as, Aker Biomarine Antarctic as,
same
and Aker Biomarine Antarctic Usa, Inc. on the basis of a settlement agreement
Commission determination not to review an initial determination
Certain crawler cranes and components
337–TA–887
granting in-part complainants’ motion to amend the complaint and
thereof
notice of investigation
Certain marine sonar imaging devices, prod- Commission determination not to review an initial determination
337–TA–898 ucts containing the same, and components
granting complainants’ motion to amend the complaint and the
thereof
notice of Investigation
88
Baker & McKenzie
Ref. Number
Commodity
Certain acousto-magnetic electronic article
337–TA–904 surveillance systems, components thereof,
and products containing same
Certain wireless devices, including mobile
337–TA–905
phones and tablets II
Certain standard cell libraries, products containing or made using the same, integrated
337–TA–906
circuits made using the same, and products
containing such integrated circuits
Certain vision-based driver assistance sys337–TA–907
tem cameras and components thereof
Certain soft-edged trampolines and components thereof
337–TA–908
Action
Institution of investigation based on a complaint filed on behalf of
Tyco Fire & Security GmbH; Sensormatic Electronics, LLC and
Tyco Integrated Security, LLC alleging patent infringement
Pragmatus Mobile, LLC alleging patent infringement
Tela Innovations, Inc. alleging patent infringement
[337-TA-906 Corrected]
Magna Electronics Inc. alleging patent infringement
Springfree Trampoline, Inc.; Springfree Trampoline USA Inc.; and
Spring Free Limited Partnership 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. Number
DN 2995
DN 2996
DN 2997
Commodity
Complaint filed on behalf of, or action taken:
Certain soft-edged trampolines and components thereof
Certain non-volatile memorychips and products containing
same
Certain electronic hand-held pulse massagers and components thereof
Correction published
Macronix International Co., Ltd. and Macronix
America, Inc.
Prospera Corporation
Antidumping, Countervailing Duty and Safeguards
Investigations, Orders & Reviews
In order to assist our clients in planning, we are listing antidumping, countervailing
duty and safeguards notices published or posted during the past month from the
US, Canada, Mexico, the EU, Australia, China, India, Brazil, and occasionally
other countries. (Click on blue text for link to official document.)
Key: AD, ADD=antidumping, antidumping duty, CVD=countervailing duty or subsidy; LTFV=less than fair value.
United States Department of Commerce, International Trade Administration (ITA)
Case №
Merchandise/Country
A–570–967 Aluminum extrusions from China
A–570–937
A–570–832
C–570–968
C–570–938
89
Citric acid and certain citrate salts from China
Pure magnesium from China
Aluminum extrusions from China
Citric acid and certain citrate salts from China
Action
Final results of ADD administrative review and rescission, in part,
2010/12
Final results of ADD administrative review; 2011–2012
Final results of CVD administrative review; 2010 and 2011
Final results of CVD administrative review; 2011
Baker & McKenzie
Case №
Merchandise/Country
A–570–967
C–570–968
Certain small diameter carbon and alloy seamA–428–820 less standard, line, and pressure pipe From
Germany
A–570–928 Uncovered innerspring units from China
A–557–815
A–549–830
A–552–816
A–583–837
A–570–905
A–552–802
A–351–841
A–405–803
A–570–909
A–570–918
A–570–912
A–570–008
C–570–009
C–570–968
A–570–941
C–570–913
A–570–886
C–570–999
A–570–928
A–533–843
A–570–891
A–201–836
A–549–822
A–570–601
C–570–971
C–533–858
C–489–817
A–570–010
90
Action
Final results of changed circumstances reviews; partial revocation
of AD and CVD orders
Rescission of ADD administrative review; 2012–2013
Rescission of ADD administrative review; 2012-2013
Preliminary determination of sales at LTFV, affirmative preliminary
Welded stainless pressure pipe from Malaysia determination of critical circumstances, in part, and postponement
of final determination
Preliminary determination of sales at LTFV and postponement of
Welded stainless pressure pipe from Thailand
final determination
Preliminary determination of sales at LTFV and postponement of
Welded stainless pressure pipe from Vietnam
final determination
Polyethylene terephthalate film from Taiwan
Partial rescission of ADD administrative review; 2012–2013
Certain polyester staple fiber from China
Partial rescission of ADD administrative review; 2012–2013
Certain frozen warmwater shrimp from ViInitiation and preliminary results of changed circumstances review
etnam
Polyethylene terephthalate film, sheet, and
Final results of ADD administrative review; 2011-2012
strip from Brazil
Purified carboxymethylcellulose from Finland Final results of ADD administrative review; 2011-2012
Certain steel nails from China
Continuation of ADD order
Steel wire garment hangers from China
Final results of expedited sunset review of the ADD order
Certain new pneumatic off-the-road tires from
Final results of the expedited sunset review of the ADD order
China
Calcium hypochlorite from China
Initiation of ADD investigation
Calcium hypochlorite from China
Initiation of CVD investigation
Notice of partial rescission of CVD administrative review
Certain kitchen appliance shelving and racks Final results and partial rescission of ADD administrative review;
from China
2011-2012
Certain new pneumatic off-the-road tires from
Rescission of CVD administrative review; 2012
China
Polyethylene retail carrier bags from China
Notice of postponement of preliminary determination in the CVD
1,1,1,2- Tetrafluoroethane from China
investigation
Uncovered innerspring units from China
Affirmative final determination of circumvention of the ADD order
Certain lined paper products from India
Initiation of changed circumstances review
Hand trucks and certain parts thereof from
Preliminary results of ADD administrative review; 2011-2012
China
Light-walled rectangular pipe and tube from
Mexico
Certain frozen warmwater shrimp from ThaiAmended final results of ADD administrative review
land
Tapered roller bearings and parts thereof, fin- Final results of the 2011–2012 ADD administrative review and new
ished and unfinished, from China
shipper reviews
Multilayered wood flooring from China
Preliminary results of CVD administrative review; 2011
Certain oil country tubular goods from India
Preliminary determination of critical circumstances in the CVD inand Turkey
vestigations
Certain crystalline silicon photovoltaic products Initiation of ADD investigations
Baker & McKenzie
Case №
Merchandise/Country
Action
A–583–853 from China and Taiwan
Certain crystalline silicon photovoltaic products
C–570–011
Initiation of CVD investigations
from China
Notice of court decision not in harmony with final determination of
A–583–841 Polyvinyl Alcohol From Taiwan
sales at LTFV and revocation of ADD order
A–570–898 Chlorinated Isocyanurates from China
A–570–970 Multilayered wood flooring from China
Initiation of ADD new shipper review
Light-walled rectangular pipe and tube from
A–201–836
Mexico
Circular welded carbon quality steel pipe from
C–570–911
Rescission of CVD administrative review; 2012
China
C–533–844 Certain lined paper products from India
Notice of partial rescission of CVD administrative review: 2012
Corrosion-resistant carbon steel flat products
C–580–818
Final results of CVD administrative review; 2011
from S. Korea
United States International Trade Commission (USITC)
Case №
Merchandise/Country
Small diameter graphite electrodes
from China
731–TA–394–A
Ball bearings and parts thereof from
731–TA–399–A
Japan and the United Kingdom
701–TA–511 731– Certain crystalline silicon photovoltaic
TA–1246-1247
products from China and Taiwan
Steel wire garment hangers from Chi731-TA-1123
na
Prestressed concrete steel rail tie wire
731–TA–1207-1209
from China, Mexico, and Thailand
731–TA–1143
Action
(Review) Institution of a five-year review
(Third Review) Institution of Five-year Reviews
(Preliminary) Institution of AD and CVD investigations and scheduling of preliminary phase investigations
(Review) Scheduling of an expedited five-year review concerning
the ADD order
(Final) Scheduling of the final phase of ADD investigations
(Final) Determination that an industry in the United States is not
materially injured or threatened with material injury, and the estab731–TA–1205
Silica bricks and shapes from China
lishment of an industry in the United States is not materially retarded
by reason of imports that have been found to be sold at LTFV
701–TA–415,
Polyethylene terephthalate film, sheet, (Second Review) Scheduling of full five-year reviews concerning
731–TA–933, 934
and strip (“PET film”) from India
the CVD order (from India) and the ADD orders (India and Taiwan)
701–TA–498
Certain steel threaded rod from India
(Final) Scheduling of the final phase of CVD and AD investigations
731–TA–1213-1214 and Thailand
(Second Review) Determination that revocation of the CVD or701–TA–405, 406,
Hot-rolled steel products from China, ders (India, Indonesia, and Thailand) and the ADD orders on
408
would be likely to lead to continuation or recurrence of material
India, Indonesia, Taiwan, Thailand,
731–TA–899-901,
injury to an industry in the United States within a reasonably foreand Ukraine
906-908
seeable time
(Review) Determination that revocation of the CVD order and
701–TA–448
ADD order would be likely to lead to continuation or recurrence of
Certain off-the-road tires from China
731–TA–1117
material injury to an industry in the United States within a reasonably foreseeable time.
701–TA–452
Raw flexible magnets from China and (Review) Determination that revocation of the CVD order (China)
731–TA–1129-1130 Taiwan
and the ADD orders (China and Taiwan) would be likely to lead to
91
Baker & McKenzie
United States International Trade Commission (USITC)
Case №
Merchandise/Country
Action
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.
Canadian International Trade Tribunal (CITT)
Ref. Number
Merchandise/Country
Hot-rolled carbon steel plate and high-strength
low-alloy steel plate originating in or exported
from Bulgaria, the Czech Republic and Romania
Mattress innerspring units originating in or exported from China
Hot-rolled carbon steel plate originating in or exported from Brazil, Chinese Taipei, Denmark,
Indonesia, Italy, Japan, and S. Korea.
RR-2013-002
LE-2013-002
Action
Continuation of order after an expiry review; reasons issued
Notice of expiry finding
Notice of commencement of inquiry to determine whether
the dumping of the above-mentioned goods has caused
injury or retardation or is threatening to cause injury
Findings that the dumping of the aforementioned goods
Dumping: Circular copper tube originating in or
originating in or exported from the Federative Republic of
exported from Brazil, Greece, China, S. Korea
Brazil, the Hellenic Republic, the People’s Republic of
and Mexico; Subsidizing of those goods originatChina and the Republic of Korea, and the subsidizing of
ing in or exported from the People’s Republic of
the aforementioned goods originating in or exported from
China
the People’s Republic of China have caused injury.
NQ-2013-005
NQ-2013-004
Canada Border Services Agency (CBSA)
Ref. Number
Merchandise/Country
Action
4214-12 AD/1358 Certain copper pipe fittings originating in or exported
Notice of initiation of a re-investigation
4218-21 CVD/118 from the USA, S. Korea and China
Certain hot-rolled carbon steel plate and high-strength
low-alloy steel plate originating in or exported from BraAD/1402
Preliminary determinations of dumping
zil, Chinese Taipei, Denmark, Indonesia, Italy, Japan
and S. Korea
Certain hot-rolled carbon steel plate and high-strength
low-alloy steel plate originating in or exported from Bra4214-41 AD/1402
Statement of reasons issued
zil, Chinese Taipei, Denmark, Indonesia, Italy, Japan
and S. Korea
NAFTA Panels
Ref. Number
Merchandise/Country
Action
No cases this month
Mexico - Ministry of Economy
Ref. №
13/12
92
Merchandise/Country
Seamless steel pipe, originating in China, regardless of the
Action
Final resolution of the AD investigation
Baker & McKenzie
Mexico - Ministry of Economy
Ref. №
Merchandise/Country
Action
country of origin
Steel plate of carbon sheet originating in the Russian Federation and Ukraine, regardless of country of origin
Pieces of china and ceramic tableware, including porcelain
from China, regardless of the country of origin
Steel plate sheet, originating in China, regardless of the
country of origin.
A.E. 04/13
06/12
09/13
Final resolution of the review for evasion of payment of CVD
Final resolution of the AD investigation
Resolution for preliminaryAD investigation
European Union
Ref. Number
Merchandise/Country
Action
Commission Regulation initiating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1008/2011 imposing a definiHand pallet trucks and their essential tive anti-dumping duty on imports as amended by Council Imple(EU) No 32/2014
parts originating in China
menting Regulation (EU) No 372/2013, repealing the duty with
regard to imports of one exporter in this country and making such
imports subject to registration
Notice concerning the anti-dumping measures in force in respect
Certain welded tubes and pipes of iron
2014/C 13/08
of imports into the Union: modification of the name of companies
or non-alloy steel from Ukraine
subject to individual anti-dumping duty rates
Crystalline silicon photovoltaic modCorrigendum to Council Implementing Regulation imposing a de(EU) No 1238/2013 ules and key components (i.e. cells)
finitive ADD and collecting definitively the provisional duty imposed
originating in or consigned from China on imports of (OJ L 325, 5.12.2013)
Certain iron or steel fasteners originat- Notice of initiation of an expiry review of the applicable AD
2014/C 27/11
ing in China
measures
2014/C 28/09
Ceramic tiles originating in China
Notice of initiation of a partial interim review of the AD measures
Australian Anti-Dumping Commission
Ref. №
2013/107
2014/01
2014/02
2014/03
2014/04
2014/05
2014/06
2014/07
Merchandise/Country
Sodium bicarbonate from China
Quenched and tempered steel place from Finland, Japan and Sweeden
Currants, processed dried from Greece
Currants, processed dried from greece
Zinc coated (galvanised) steel from China, Korea and Taiwan
Various
Copy paper from China
Pineapple, consumer from Thailand
Action
Inititation of an accelerated review
Initiation into alleged dumping
Findings in relation to a continuation inquiry
Findings in relation to a review of AD measures
Findings of exemption inquiries
Status report at 31 December 2013
Extension of time granted to issue the Statement of Essential Facts
Revocation of Ministerial decision
China Ministry of Commerce (MOFCOM)
Ref. Number
1, 2014
93
Merchandise/Country
X-ray security inspection equipment imported
from the EU
Action
Review for implementation of rulings and recommendations of
the WTO
Baker & McKenzie
China Ministry of Commerce (MOFCOM)
Ref. Number
2, 2014
4, 2014
5, 2014
6, 2014
7, 2014
10, 2014
Merchandise/Country
Coated paper from Japan and South Korea
Solar-grade polysilicon imports originating in the
United States
Solar-grade polysilicon originating in the United
States and South Korea
Solar-grade polysilicon originating in the EU
Solar-grade polysilicon originating in the EU
Pulp from the United States, Canada and Brazil
Action
Expiry review
Countervailing investigations final determination
Final determination of AD investigations; imposition of ADD for
five years
Preliminary ruling in countervailing investigations
Preliminary ruling anti-dumping investigations
Extension of anti-dumping cases to 02-04-14
Government of India Ministry of Finance (Department of Revenue)
Reference
01/2014-Cust. (ADD)
02/2014-Cust. (ADD)
03/2014-Cust. (ADD)
04/2014-Cust. (ADD)
05/2014-Cust. (ADD)
06/2014-Cust. (ADD)
07/2014-Cust. (ADD)
08/2014-Cust. (ADD)
09/2014-Cust. (ADD)
Merchandise/Country
Action
Nylon tyre cord fabric, originating in, or exported
from, Belarus
Compact fluorescent lamps originating
in or exported from China
Caustic soda originating in, or exported from, China
Caustic soda originating in, or exported from, Korea
Nonyl phenol originating in or exported from, Chinese Taipei
Acrylonitrile butadiene rubber, originating in, or
exported from Korea
Certain float glass of thickness 2 mm to 12 mm
(both inclusive) originating in, or exported from,
China and Indonesia
Hexamine originating in or exported from Saudi
Arabia and Russia
4, 4 diamino stilbene 2, 2 disulphonic acid
(DASDA) originating in, or exported from China
Substitution of “JSC Grodno Azot” for certain column entries
ADD shall remain in force up to and inclusive of 20
Nov. 2014
Dec. 2014
ADD extended until 25 Dec. 2014
ADD extended for additional five years
Jan. 2015
Jan. 2015
ADD extended for additional five years
Imposition of definitive anti-dumping duty for five
years
Brazil Ministry of Development, Industry and Trade
Reference
Merchandise/Country
Liquid epoxy resins from S. Korea, Saudi
Arabia, Mexico, China, India and Chinese
Taipei.
New rubber tires for passenger cars, radial
CAMEX Res. № 01 construction from S. Korea, Thailand, Chinese Taipei and Ukraine
Polypropylene resins, originating in South
CAMEX Res. № 02
Africa, S. Korea and India
Porcelain objects for table, originating in
CAMEX Res. № 03
China
SECEX Cir. № 80
94
Action
Closed at the request of the petitioner, the investigation to
determine the existence of dumping
Applies ADD for a period of five (5) years
Applies provisional ADD for a period up to six (6) months
Applies ADD for a period of five (5) years
Baker & McKenzie
Brazil Ministry of Development, Industry and Trade
Reference
SECEX Cir. № 01
Merchandise/Country
Butyl acrylate, originating in the USA
Action
Initiation of review of ADD imposed by CAMEX Resolution
15, of March 24, 2009, subsequently amended by Resolution
CAMEX 4 of 5 February 2013
Opportunity to Request Administrative Review
In a January 2, 2014 Federal Register notice, the US Department of Commerce
announced that it will receive requests to conduct administrative reviews of various antidumping (AD) and countervailing duty (CVD) orders and findings with
January anniversary dates:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidumping Duty Proceedings
Brazil: Prestressed Concrete Steel Wire Strand
A–351–837
India: Prestressed Concrete Steel Wire Strand
A–533–828
Mexico: Prestressed Concrete Steel Wire Strand
A–201–831
S. Korea: Prestressed Concrete Steel Wire Strand
A–580–852
South Africa: Ferrovanadium
A–791–815
Thailand: Prestressed Concrete Steel Wire Strand
A–549–820
PR of China: Crepe Paper Products
A–570–895
Ferrovanadium
A–570–873
Folding Gift Boxes,
A–570–866
Potassium Permanganate
A–570–001
Wooden Bedroom Furniture
A–570–890
Countervailing Duty Proceedings
PR of China: Certain Oil Country Tubular Goods
C–570–944
Circular Welded Carbon Quality Steel Line Pipe
C–570–936
Suspension Agreements
Russia: Certain Cut-To-Length Carbon Steel Plate
A–821–808
Period
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
1/1/13–12/31/13
Initiation of Sunset Reviews
In a January 2, 2014, Federal Register notice, the US Department of Commerce
advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and countervailing duty orders listed below.
AD/CVD DOC
Case No.
A–570–929
A–588–804
A–412–801
95
ITC Case No.
Country
731–TA–1143 China
731–TA–394A Japan
731–TA–399A UK
Merchandise
st
Small Diameter Graphite Electrodes (1 R.)
Ball Bearings and Parts Thereof
Ball Bearings and Parts Thereof
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
Advance Notification of Sunset Reviews
In a January 2, 2014, Federal Register notice, the US Department of Commerce
advised that the following cases were scheduled for five-year (“Sunset”) reviews
for .
AD/CVD Proceedings - Merchandise/Country
Case No.
Antidumping Duty Proceedings
nd
Barium Carbonate from China
A–570–880 (2 Review)
st
Circular Welded Austenitic Stainless Pressure Pipe from China A–570–930 (1 Review).
nd
Refined Brown Aluminum Oxide from China
A–570–882 (2 Review)
Countervailing Duty Proceedings
st
Circular Welded Austenitic Stainless Pressure Pipe from China C–570–931 (1 Review).
Suspended Investigations
No Sunset Review of any suspended investigations is scheduled for initiation in February
2014
[email protected]
Customs
Terrie A. Gleason
Washington, D.C., USA
+1 (202) 452- 7030
[email protected]
Export Controls and Sanctions
Silwia A. Lis
+1 (202) 835-6147
[email protected]
Trade Remedies
B. Thomas Peele
+1 (202) 452-7035
[email protected]
WTO
Serge Pannatier
Geneva, Switzerland
+41 (0) 22-707-98-00
[email protected]
Anti-corruption
Maria I. McMahon
+1 (202) 452-7058
[email protected]
96
©2014 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance
with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in
such a law firm. Similarly, reference to an “office” means an office of any such law firm.
This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

Agenda_WP328773_VReynolds_London_w table

Transcription

Similar documents

PDF

New Client Checklist Transmark Customs Brokers

ORD - Chicago O`Hare International Airport

YUL - Montréal–Pierre Elliott Trudeau International Airport

Logicare_Company Profile - LOGICARE Customs Brokerage Services

- United States Fashion Industry Association

MEDICAL LOGISTICS IN RUSSIA AND UKRAINE

Trinidad and Tobago Customs and Excise Division

On June 19, 2012, Bangkok At Grand Ballroom, The Westin Grande

1878 Full Silver MacDougall Bagpipes