International Trade Compliance Update

(Covering Customs and Other Import Requirements, Export Controls and Sanc- tions, Trade Remedies, WTO and Anti-Corruption)

Newsletter | December 2019

In This Issue:

United Nations World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters

The Americas - Central America The Americas - North America Please see our Webinars, Meetings, Seminars section for contact and registration information for the remaining webinar in our 16th annual Global Trade The Americas - South America and Supply Chain Webinar Series entitled, “2019: What's Up in Interna- Asia-Pacific tional Trade? Keeping up to Speed on Evolving Challenges,” as well as Europe, Middle East and North Africa links to past webinars and information on other events. Africa (except North Africa) In addition, there are links to the video recordings, PowerPoints and handout Newsletters, reports, articles, etc. materials of the Webinars, Meetings, Seminars, etc.  2019 Year-End Import/Export Review in Santa Clara WTO TBT Notifications  2018 Year-End Import/Export Review in Santa Clara CBSA Advance Rulings CBP Rulings: Downloads and  Asia Pacific International Commercial and Trade Client Confer- Searches ence (Tokyo November 2018). CBP Rulings: Revocations or Modifi- cations To keep abreast of international trade-related news, visit our blogs: Amendments to the CN Explanatory For International Trade Compliance Updates, please regularly visit Notes https://www.internationaltradecomplianceupdate.com/. Section 337 Actions For additional articles and updates on trade sanctions and export controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly. Antidumping, Countervailing Duty and Safeguard Investigations, Or- For resources and news regarding international trade, particularly in Asia, please visit our Trade ders & Reviews Crossroads blog at http://tradeblog.bakermckenzie.com/. To see how BREXIT (the UK exiting the EU) may affect your business, visit https://brexit.bakermckenzie.com/. Editor, International Trade Com- For additional compliance news and comment from around the world, please visit pliance Update https://globalcompliancenews.com/.

Stuart P. Seidel Washington, D.C. +1 202 452 7088 [email protected] Note: Unless otherwise indicated, all information in this Update is taken from official gazettes, official websites, newsletters or press releases of international organizations This may qualify as “Attorney Advertis- (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or ing” requiring notice in some jurisdic- government agencies. The specific source usually may be obtained by clicking on the tions. Prior results do not guarantee a blue hypertext link. Please note that as a general rule, information related to fisheries is similar outcome. not covered.

Please see copyright and acknowledgements on the last page

Please see copyright and acknowl- Ed- Inter- edgements on the last page itor national 8483454-v3\WASDMS Trade 1 Compliance Update Baker McKenzie United Nations The International Trade Compliance Update is a publication of the Security Council Resolutions Global International Commercial and Trade Practice Group of Baker The following Security Council Resolutions authorize the establishment or McKenzie. Articles and comments continuation of a full or partial embargo, sanction or collective action. (dd-mm- are intended to provide our readers yy): with information on recent legal developments and issues of signifi- cance or interest. They should not Date Title be regarded or relied upon as legal 05-11-19 Resolution 2496 (2019) The situation in Bosnia and Herzegovina advice or opinion. Baker McKenzie 15-11-19 Resolution 2498 (2019)_ The Situation in Somalia advises on all aspects of Interna- tional Trade law. World Trade Organization (WTO) Comments on this Update may be Trade Policy Review: Lao PDR sent to the Editor: Stuart P. Seidel The first review of the trade policies and practices of Lao People’s Democratic Washington, D.C. Republic (Laos) took place on 18 and 20 November 2019. The basis for the +1 202 452 7088 review was a report by the WTO Secretariat and a report by the Government [email protected] of the Lao PDR.

A note on spelling, grammar Kazakhstan submits application to join government procurement and dates-- pact In keeping with the global nature of Baker McKenzie, the original On 3 December 2019, the WTO announced that Kazakhstan’s application to spelling, grammar and date format- start negotiating its accession to the WTO’s Government Procurement Agree- ting of non-USA English language ment (GPA) was announced at a meeting of the Committee on Government material has been preserved from Procurement on 3 December 2019. Currently, 48 WTO members (including the original source whether or not the European Union and its 28 member states) are bound by the Agree- the material appears in quotes. ment. Australia is the latest member to have acceded to the Agreement earlier in 2019. Translations of most non-English language documents are unofficial and are performed via an auto- The WTO announcement said that Kazakhstan's WTO membership terms, mated program and are for infor- which WTO members approved in 2015, included a commitment to start nego- mation purposes only. Depending tiating its accession to the GPA within four years of joining the Organization. on the language, readers with the Kazakhstan was granted observer status by the GPA parties in October 2016. Chrome browser should be able to The negotiations will take place based on a market access offer to be pro- automatically get a rough to excel- vided by Kazakhstan and its replies to a checklist of issues regarding its gov- lent English translation. ernment procurement legislation. Kazakhstan will host the WTO's 12th Minis- terial Conference in June 2020. Credits: Recent disputes Unless otherwise indicated, all information is taken from official inter- The following disputes have been recently brought to the WTO. Click on the national organization or government case (“DS”) number below to go to the WTO website page for details on that websites, or their newsletters or dispute. press releases.

Source documents may be DS. No. Case Name Date accessed by clicking on the blue hypertext links. Colombia - Anti-Dumping Duties on Frozen Fries from Belgium, DS 591 Germany and the Netherlands - Request for consultations by the 15-11-19 This Update contains public sector infor- European Union mation licensed under the Open Govern- Indonesia - Measures Relating to Raw Materials - Request for DS 592 27-11-19 ment Licence v3.0 of the United King- consultations by the European Union dom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.

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8483454-v3\WASDMS Baker McKenzie WTO authorizes China to seek duties on $3.579 Billion in US goods On 1 November 2019, a WTO arbitrator issued a decision on the level of countermeasures that China may request with respect to the United States in the case “United States — Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China” [DS 471]. DS 471 found that the US calculation of anti-dumping duties on 25 different Chinese products was not in accordance with the WTO agreements. Specifically, the WTO struck down the US use of zeroing, a methodology that produces higher dumping margins and has been found by multiple WTO panels in the past to violate WTO rules.

The arbitrator allowed approximately USD 3.579 Billion in countermeasures against the US based on the level of nullification or impairment concerning the anti-dumping orders at issue by calculating (using a two-step methodology referred to as the Armington model), for each order, the difference between the 2017 value of US imports from China, simulated under the first step, and the counterfactual value of US imports from China, simulated under the second step. In accordance with Article 22.4 of the DSU, China may request authorization from the DSB to suspend concessions or other obligations at a level not exceeding USD 3,579,128,000 per annum. Beijing had initially requested USD 7 Billion. China will be allowed to implement the duties once it gets formal authorization from the WTO's Dispute Settlement Body, which is slated to meet next on Nov. 22.

DSB activities During the period covered by this update, the Dispute Settlement Body (DSB) or parties to a dispute took the following actions or reported the following activities. Requests for a panel are not listed (click on “DS” number to go to summaries of the case, click on “Activity” to go to the latest news or documents):

DS No. Case Name Activity Date United States — Certain Methodologies Arbitrator issues deci- and their Application to Anti-Dumping sion on level of coun- DS 471 01-11-19 Proceedings Involving China (Complain- termeasures that ant: China) China may impose

TBT Notifications Member countries of the WTO are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member countries. The WTO Secretariat distributes this information in the form of “notifications” to all Member countries. See separate section on WTO TBT Notifications for a table which summarizes notifications posted by the WTO during the past month.

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8483454-v3\WASDMS Baker McKenzie World Customs Organization (WCO)

Announcements and news releases [dd-mm-yy]

Date Title WCO contribution to Strategic Foresight for the future of EU Customs SAFE Working Group consolidates its futuristic agenda 04-11-19 Continued support by the WCO to the Antigua and Barbuda Customs and Ex- cise on Risk Management 05-11-19 WCO support for Portuguese-speaking countries The PTC celebrates cooperation with other international organizations and ad- vances key WCO initiatives Malian Customs demonstrate commitment to fighting corruption and promoting integrity 06-11-19 ROCB - WCA is revamping its structure and work organization following the Competency-Based HRM approach guidelines Customs in East Africa sit together with competent authorities and private sector to strengthen IPR Border Control 07-11-19 Central African Customs gears up to establish an advance ruling system 08-11-19 WCO contributes to shaping a smarter future for Customs Paraguay Hosts an International AEO Event Launch of the SECO-WCO Global Trade Facilitation Programme in Peru 11-11-19 WCO participates in a regional ECOWAS workshop on capacity building of women cross border traders WCO-Bahamas Customs and Excise Department mark the close out of 18- month Training Programme 12-11-19 The WCO supports Gambia Revenue Authority and stakeholders with the TRS data analysis and report drafting Implementation of the Strategic Plan 2019-2022: the monitoring tool goes live 9th HRM and Training Managers Meeting of Customs Administrations in the 13-11-19 West and Central Africa Region Modernization programme in Lesotho zooms in on the Harmonized System 14-11-19 WCO supports Nepal with the implementation of the National E Commerce Strategy WCO Asia/Pacific Sub-regional Workshop for Risk Management Trainers held in India 18-11-19 Customs and Industry discuss the future of non-intrusive inspections Customs role highlighted at the ADB CAREC Ministerial Conference Strong presidential support for Customs reform in Uzbekistan 19-11-19 TER for top executives of SUNAT creates positive outlook for the future Kickoff Meeting of the WCO Working Group on Performance Measurement 20-11-19 Digital solutions connecting Armenia to Georgia and Iran Uzbekistan Customs Welcomes the Global Trade Facilitation Programme 21-11-19 Serbia Customs benefits from WCO Integrity testing workshop WCO and International Anti-Corruption Academy enhance collaboration on the integrity agenda 22-11-19 National Workshop on WCO TRS in Apia, Samoa - 4 to 8 November 2019 Pakistan GTAS Implementation WCO visits WTO to consolidate collaboration on e-commerce WCO Participates in the UNODC Implementation Review Group and the Work- ing Group on the Prevention of Corruption in Vienna 25-11-19 State Revenue Committee of Armenia continues to enhance its Integrity development strategy WCO Support for enhancing the Single Window Environment in Zambia National Workshop on the Harmonized System in Ethiopia WCO supports Burundi to improve safety and security through PGS Strategic Trade Control Enforcement (STCE) Train the trainer workshop in 26-11-19 Washington, DC The Revised Kyoto Convention Management Committee (RKC/MC) holds its 21st Meeting on 18 – 20 November 2019

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Date Title Over 5 million US dollars seized in global operation targeting cash smuggling Asia Pacific Members gathered to discuss the regional priorities and the way 28-11-19 forward Asia Pacific Members gathered to discuss the regional priorities and the way forward 29-11-19 Renewed focus on tariff-related work in Sao Tome and Principe

Other International Matters

REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP (RCEP) On 4 November 2019, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (ASEAN) and Australia, China, India, Japan, Korea, and New Zealand, met in Bangkok for the Third RCEP Summit. In a joint statement it was announced that 15 of the 16 RCEP Partici- pating Countries have concluded text-based negotiations for all 20 chapters and essentially all their market access issues; and tasked legal scrubbing by them to commence for signing in 2020.

India has significant outstanding issues, which remain unresolved. All RCEP Participating Countries will work together to resolve these outstanding issues in a mutually satisfactory way. India’s final decision will depend on satisfactory resolution of these issues.

The 20 Chapters are: 1) Initial Provisions and General Definitions; 2) Trade in Goods; 3) Rules of Origin, including Annex on Product Specific Rules; 4) Cus- toms Procedures and Trade Facilitation; 5) Sanitary and Phytosanitary Measures; 6) Standards, Technical Regulations and Conformity Assessment Procedures; 7) Trade Remedies; 8) Trade in Services, including Annexes on Financial Services, Telecommunication Services, and Professional Services; 9) Movement of Natural Persons; 10) Investment; 11) Intellectual Property; 12) Electronic Commerce; 13) Competition; 14) Small and Medium Enterprises; 15) Economic and Technical Cooperation; 16) Government Procurement; 17) General Provisions and Exceptions; 18) Institutional Provisions; 19) Dispute Settlement; and 20) Final Provisions.

The ASEAN nations are: Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.

CITES Notification to Parties The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has issued the following notifications to the parties:

Date Title 01-11-19 2019/061 Totoaba (Totoaba Macdonaldi) – Implementation of Decision 18.292 11-11-19 2019/062 Membership of Standing Committee intersessional working groups 2019/063 Registration of operations that breed Appendix-I animal species in 13-11-19 captivity for commercial purposes 14-11-19 2019/064 China – Change to China's CITES permits and certificates 2019/065 Universal tagging system for the identification of crocodilian skins – 19-11-19 Implementation of Resolution Conf. 11.12 (Rev. CoP15) 21-11-19 2019/066 El Salvador – New portal for CITES permits and certificates 26-11-19 2019/067 Results of the 18th meeting of the Conference of the Parties (CoP18)

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Date Title 2019/068 Registration of scientific institutions 2019/069 Personal and household effects 2019/070 Non-binding guidance for determining whether a proposed recipient of 29-11-19 a living specimen is suitably equipped to house and care for it

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) and Ex- porter Guide series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, import requirements, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports website.

Country GAIN Report Australia Exporter Guide Canada Requirements for Romaine Lettuce and Salad Mixes Hong Kong Suspends Romaine Lettuce Products from Salinas of Califor- Hong Kong SAR nia Jamaica Exporter Guide Proposed Amendments to the Food Sanitation Act Concerning Utensils Japan Containers and Packaging Japan Translates Amended Japanese Agricultural Standards Act Proposes to Enforce Phytosanitary Certificate Requirement for Certain Japan Agricultural Imports Japan Proposes Amendments to its Phytosanitary Certificate Requirements Thailand Update on the Ban on Three Active Ingredients U.A.E. Imposes 50 percent Excise Tax on Sweetened

The Americas - Central America

EL SALVADOR Documents

Date Series and № Subject On the administrative provisions for the application of the extended accumulation of origin within the framework of 06-11-19 № DGA 018-2019 the association agreement with the European Union and Central America (ADA EU-CA)

PANAMA Official Gazette The following documents of interest to international traders (other than food safety standards) were published in the Gaceta Oficial – Digital (Official Ga- zette – Digital) during the period of coverage:

Publication Title Date Law No. 105 (31-10-19) By Which the Free Trade Agreement is Approved Be- 01-11-19 tween the State of Israel and the Republic of Panama [273 pp]

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Publication Title Date Commerce & Industries Res. № 006 (18-11-19) Imposition of a special agri- 20-11-19 cultural safeguard is under the Commercial Promotion Treaty Between Pan- ama and the United States of America on certain imports of bovine meat. Commerce & Industries Res. № 114 (28-10-19) Publication of Agreement No. 03-2019 (Comieco-Ex) Approved by the Council of Ministers of Economic Integration on August 28, 2019. Commerce & Industries Res. № 115 (28-10-19) Publication of Resolution No. 412-2019 (Comieco-Ex) Approved by the Council of Ministers of Eco- nomic Integration on August 28, 2019. 22-11-19 Commerce & Industries Res. № 116 (28-10-19) Publication of Resolution No. 413-2019 (Comieco-Ex) Approved by the Council of Ministers of Eco- nomic Integration on August 28, 2019. Commerce & Industries Res. № 117 (28-10-19) publication of Resolution No. 414-2019 (Comieco-Ex) Approved by the Council of Ministers of Eco- nomic Integration o August 28, 2019.

The Americas - North America

CANADA CBSA advance rulings The Canada Border Services Agency (CBSA) has enhanced the Advance Rul- ing (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.

See separate section below for the advance rulings posted by the CBSA.

D-Memoranda and CNs revised or cancelled

The following is a list of Canada Border Services Agency D-Memoranda, Cus- toms Notices (CNs) and other publications issued, revised or cancelled during the past month.

Date Reference Title (Revised) - Requirements Concerning the Importation and Expor- tation of Ozone-depleting Substances and Halocarbon Alterna- 11-01-19 D19-7-2 tives and certain Products Containing or Designed to Contain these Substances (Revised) - Policy Respecting the Importation and Transportation 11-19-19 D3-1-1 of Goods Canadian Automated Export Declaration (CAED) Program 2020 11-25-19 CN 19-22 Software Release and New Canadian Export Reporting System (CERS)

Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investi- gations, 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

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which appear to apply to international trade are listed. (An unofficial English translation is shown.)

Publication Title Date

HACIENDA: Resolution amending the various provisions of the General Rules regarding the application of the customs provisions of the Free Trade Agree- 11-01-19 ment between the United Mexican States and the Oriental Republic of Uru- guay and its Annexes 1 and 2. ECONOMY: Decree that modifies the Tariff of the Law on General Import and 11-06-19 Export Taxes and the Decree establishing the general import tax for the border region and the northern border strip . ECONOMY: Acuerdo announcing Decision No. 102 of the Administrative Com- 11-15-19 mission of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on October 14, 2019 Decree which repeals the various Declarations of the Special Economic Zones of Puerto Chiapas, Coatzacoalcos, Lázaro Cárdenas-La Unión, Progreso, Sa- 11-19-19 lina Cruz, Campeche and Tabasco published on September 29 and December 19 , both of 2017, and April 18, 2018. HACIENDA: Second Resolution of Modifications to the General Rules of Foreign Trade for 2019 and its annexes 1, 1- A, 19 and 22. 11-22-19 ECONOMY: Acuerdo that modifies the diverse one by which the Ministry of Economy issues rules and criteria of a general nature in matters of Foreign Trade. HACIENDA: Call for certification regarding the prevention of operations with re- 11-25-19 sources of illicit origin and terrorist financing. Promulgatory Decree of the Agreement between the United Mexican States and the European Union amending Annex III of Decision 2/2000 of the EC- Mexico Joint Council of March 23, 2000, concluded by exchange of letters dated in the cities of Brussels and Mexico, the eighteenth of September of two 11-29-19 thousand seventeen. Hacienda: Fourth Resolution of amendments to the Resolution on customs matters of Decision 2/2000 of the Joint Council of the Interim Agreement on Trade and Trade-Related Issues between the United Mexican States and the European Community and its annexes 1 and 2 .

Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investi- gations, Orders & Reviews section below.

UNITED STATES

[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR=FINAL RULE OR ORDER, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE OR ORDER, TR=TEMPORARY RULE OR ORDER, RFI/FRC= REQUEST FOR INFORMATION/COM- MENTS; H=HEARING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COM- MENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED.]

Presidential documents During the past month, President Trump signed the following documents that relate to international trade or travel, regulatory reform, national security, law enforcement or related activities:

Date Subject

Notice of October 31, 2019 Continuation of the National Emergency With Re- 11-01-19 spect to Sudan

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Date Subject

Presidential Determination No. 2020–02 of October 18, 2019 - Presidential De- termination With Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons 11-04-19 Presidential Determination No. 2020–01 of October 18, 2019 - Presidential De- termination and Certification With Respect to the Child Soldiers Prevention Act of 2008 Presidential Determination 2020-03 Pursuant to Section 1245(d)(4)(B) and (C) 11-07-19 of the National Defense Authorization Act for Fiscal Year 2012 Notice of November 12, 2019 - Continuation of the National Emergency With Respect to Iran 11-13-19 Notice of November 12, 2019 - Continuation of the National Emergency With Respect to the Proliferation of Weapons of Mass Destruction Notice of November 19, 2019 - Continuation of the National Emergency With 11-20-19 Respect to Burundi Memorandum of November 19, 2019 - Ocean Mapping of the United States Ex- 11-22-19 clusive Economic Zone and the Shoreline and Nearshore of Alaska Notice of November 25, 2019 - Continuation of the National Emergency With 11-26-19 Respect to the Situation in Nicaragua

President Trump signs Hong Kong Sanctions legislation into law On November 27, 2019, President Trump signed two bills into law that increase US sanctions and export control restrictions as they relate to China. The bills, approved in response to recent political protests in Hong Kong, had near unanimous support from the US Congress. President Trump previously expressed concerns about the legislation while in the midst of negotiating a trade deal with China but ultimately signed both bills in the hopes that the “Leaders and Representatives of China and Hong Kong will be able to amicably settle their differences leading to long term peace and prosperity for all.”

S. 1838, the Hong Kong Human Rights and Democracy Act of 2019

S. 1838, the “Hong Kong Human Rights and Democracy Act“ requires the President to impose sanctions on non-US persons determined to be responsi- ble for committing acts that violate internationally recognized human rights in Hong Kong or the extrajudicial rendition, arbitrary detention, or torture of any person in Hong Kong. The sanctions required to be imposed on such persons include asset blocking (or designation on the List of Specially Designated Na- tionals and Blocked Persons (“SDN List”)) and restrictions on admissibility into the United States.

S. 1838 provides that the civil and criminal penalties authorized under the In- ternational Emergency Economic Powers Act (“IEEPA”) shall apply to violations of S. 1838. See our blog post on the current maximum civil monetary penalties under IEEPA and other US sanctions authorities here.

S. 1838 also requires the submission of annual reports to Congress by the Commerce, State, and Treasury Departments on violations of US export controls and sanctions laws taking place in Hong Kong, including:

 Identification of items reexported from Hong Kong in violation of US export controls and sanctions laws;

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 Assessment of whether certain sensitive dual-use items subject to US export controls laws are being transshipped through Hong Kong and being used to develop certain surveillance technologies;  Assessment of whether China is using Hong Kong’s status as a separate customs territory to import items into China in violation of US export controls, which will inform whether Hong Kong’s Most Favored Nation status protecting the city from tariffs imposed on China should be renewed;  Assessment of whether UN sanctions are being adequately enforced in Hong Kong; and  A description of the types of goods and services transshipped or reexported through Hong Kong in violation of UN sanctions targeting North Korea and Iran or relating to international terrorism, narcotics trafficking, or the proliferation of weapons of mass destruction or that otherwise present a threat to the national security, foreign policy, or economy of the United States.

Finally, the bill includes a “sense of Congress” provision, which while not binding on the Administration, suggests the US Department of Commerce should consider “appropriate adjustments” to US export controls with respect to Hong Kong to “prevent the supply of crowd control and surveillance equipment that could be used inappropriately in Hong Kong.”

S. 2710, To Prohibit the Commercial Export of Covered Munitions Items to the Hong Kong Police Force

Separately, S. 2710 prohibits the issuance of licenses to export certain covered munitions items to the Hong Kong Police. The covered munitions items include: tear gas, pepper spray, rubber bullets, foam rounds, bean bag rounds, pepper balls, water cannons, handcuffs, shackles, stun guns, and tasers.

The authors, Kerry B. Contini, Inessa Owens, Laura Klick and Maleena Paal, thank Bruce Linskens for his contributions to this article.

Three Judge panel of the CIT strikes blow to President’s power to impose tariffs under Section 232 On November 15, 2019, in Transpacific Steel LLC v. United States (Slip Op. 19-142), a three judge panel of the US Court of International Trade (CIT), based upon the facts alleged, found that Transpacific Steel LLC’s (“Plaintiff”) arguments that the President failed to follow the procedure set forth in the statute and, further, that singling out importers from Turkey violated the equal protection guarantees under the US Constitution, support its claim for a refund and defeat Defendants’ motion to dismiss. The CIT denied the United States’ motion to dismiss the case for failure to state a claim for which relief may be granted. The Plaintiff sought a refund of the difference between the 50 percent tariff imposed on certain steel products (“steel articles”) from Turkey, pursuant to Presidential Proclamation 9772, issued on August 10, 2018, and the 25 percent tariff imposed on steel articles from certain other countries.

The Government contended that the President retains the power to modify any action taken under section 232, without conducting a new investigation or following the procedures set forth in the statute, and seems to have envi- sioned the Secretary of Commerce’s January 11 Report as empowering him to take ongoing action. The CIT said that “The President’s expansive view of his power under section 232 is mistaken, and at odds with the language of the

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statute, its legislative history, and its purpose.” The CIT said that the Supreme Court has made clear that section 232 avoids running afoul of the non-delegation doctrine because it establishes “clear preconditions to Presidential action.” The 1988 amendments now impose a 90-day limit for the President to act against imports that threaten the national security. The CIT also found that the Government’s rationale for singling out Turkey did not explain what differ- entiates Turkey from other similarly situated countries—for the President to target alone. Judge Katzmann concurred with the other two judges but said that although the question before the court was whether the statute was followed, a more important question – perhaps for a later stage in the case- is whether the statute is constitutional.

[NOTE: This case may affect the President's ability to impose Sec. 232 tariffs on automotive products as the deadlines have passed without action.]

BREAKING NEWS: USTR proposes tariffs on $2.4 billion in response to France’s digital services tax On December 2, 2019, the US Trade Representative (USTR) published a report concluding France’s Digital Services Tax (DST) “discriminates” against and is “unusually burdensome” for US companies, and published a Federal Register note setting out proposed tariffs as high as 100 percent on $2.4 billion in French imports into the United States. USTR will conduct hearings in January on its proposed actions. In making his announcement, Ambassador Lighthizer also noted that “USTR is exploring whether to initiate similar investigations into the digital services taxes of Austria, Italy, and Turkey.

USTR initiated in July 2019 its investigation of France’s Digital Services Tax DST under section 301(b)(1)(A) of the Trade Act of 1974 (the Trade Act) and concluded that discriminates against US companies. The DST was signed into law by President Macron on July 24, 2019 and imposes a 3 percent levy on revenues that certain companies generate from providing certain digital services to, or aimed at, persons in France. In its report, USTR found:

“France’s [DST] discriminates against U.S. companies, is inconsistent with prevailing principles of international tax policy, and is unusually burdensome for affected U.S. companies. Specifically, USTR’s investigation found that the French DST discriminates against U.S. digital companies, such as Google, Apple, Facebook, and Amazon.”

USTR stated that the French DST is inconsistent with prevailing tax principles on account of its retroactivity to January 1, 2019, its application to revenue rather than income, its extraterritorial application (the DST applies to revenues unconnected to a physical presence in France) and its purpose of penalizing particular US technology companies (since smaller companies, that are more likely to be locally based, are exempt).

The United States has also criticized the impact of the French DST on international negotiations occurring at the Organisation for Economic Co-operation and Development (OECD). Those negotiations are aimed at developing a con- sensus approach to corporate income taxation affecting the digital economy. The United States has argued that France’s law undermines the OECD negotiations.

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In the wake of these findings, USTR is authorized by Section 301 to take all appropriate and feasible action, including the imposition of duties on the goods and imposition of fees or restrictions on the services of France. As noted, USTR is issuing a Federal Register notice soliciting comments from the public on USTR’s proposed action, which includes additional duties of up to 100 percent on certain French products. The notice also seeks comment on the option of imposing fees or restrictions on French services. The list of French products subject to potential duties includes 63 tariff subheadings with an approximate trade value of $2.4 billion. The value of any US action through either duties or fees may take into account the level of harm to the US economy resulting from the DST.

A list of the products proposed by USTR for the additional duties may be found in the Annex to the Federal Register notice.

USTR requests comments with respect to any issue related to the action to be taken in this investigation. With respect to action in the form of additional duties, USTR invites comments regarding:

 The specific products to be subject to increased duties, including whether products listed in the Annex should be retained or removed, or whether products not currently on the list should be added.  The level of the increase, if any, in the rate of duty.  The level of the burden or restriction on the U.S. economy resulting from the DST.

 The appropriate aggregate level of trade to be covered by additional duties.

In commenting on the inclusion or removal of particular products on the list of products subject to the proposed additional duties, USTR requests that com- menters address specifically whether imposing increased duties on a particular product would be practicable or effective to obtain the elimination of France’s DST, and whether imposing additional duties on a particular product would cause disproportionate economic harm to U.S. interests, including small- or medium-size businesses and consumers.

With respect to action in the form of fees or restrictions on services of France, USTR seeks comments on issues such as:

 Which services would be covered by a fee or restriction.

 If a fee is imposed, the rate (flat or percentage) of the fee, and the basis upon which any fee would be applied.  If a restriction is imposed, the form of such restriction.  Whether imposing fees or restrictions on services of France would be practicable or effective to obtain the elimination of France’s acts, policies, and practices.

USTR is inviting public comment on these issues and will be holding a hearing. We are assisting many clients in responding to these proposed tariffs.

If you would like to submit public comments and/or participate in a public hearing to be held on January 7, 2020, we would be pleased to assist.

If you have any questions, please contact one of the authors: Rod Hunter,. Stuart P. Seidel, John M. Foote, or Eunkyung Kim Shin.

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8483454-v3\WASDMS Baker McKenzie USTR posts additional exclusions from the $200 Bn. (Tranche 3) of the Chinese Sec. 301 action On November 29, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice (which had been posted on its website on November 26 as an advance copy) granting exclusions to 32 specially prepared product descriptions, which cover 39 separate requests for exclusion from the $200 billion action.

In accordance with the June 24 notice establishing an exclusion process for Tranche 3 (84 Fed. Reg. 29576), the exclusions are available for any product that meets the description in the Annex to the notice, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the product descriptions in the Annex, and not by the product descriptions set out in any particular request for exclusion.

 Paragraph A subparagraphs (1) and (2) of the Annex to the notice establish the HTS subheading 9903.88.35 and a new US note 20(nn) to subchapter III of chapter 99 covering the exclusions.  Paragraph A, subparagraphs (3)–(5) of the Annex to the notice are conforming amendments to the HTSUS reflecting the modification made by the An- nex.  Paragraph B, subparagraph (1) is a typographical correction of U.S. note 20(ll)(23) to subchapter III of chapter 99 of the HTSUS that modifies the unit of measurement published in the annex to the notice published at 84 Fed. Reg. 57803 (October 28, 2019).  Paragraph B, subparagraphs (2)–(5), make conforming amendments to note 20(g) published at 83 FR 47974 (September 21, 2019), note 20(ll) published at 84 FR 57803 (October 28, 2019), note 20(mm) published at 84 FR 61674 (November 13, 2019), and heading 9903.88.04 of the HTSUS published at 83 FR 47974 (September 21, 2019).

As stated in the September 20, 2019 notice, the exclusions will apply from September 24, 2018, to August 7, 2020. CBP will issue instructions on entry guidance and implementation. USTR will continue to issue determinations on pending requests on a periodic basis.

USTR issues results of the 2019 annual GSP review On November 20, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice [Docket Number USTR–2019– 0001] announcing the results of the 2019 annual Generalized System of Pref- erences (GSP) review with respect to: Products considered for removal from the list of eligible products for certain beneficiary countries; decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs; and requests to reinstate/ redesignate products previously excluded from GSP eligibility for certain countries. Presidential Proclamation 9955 of October 25, 2019, implements the President’s decisions regarding the 2019 annual GSP review, including CNL waivers and product redesignations. These modifications to the GSP program, implemented by Presidential Proclamation 9955, became effective on November 1, 2019. The notice provides a summary of the results of the 2019 annual GSP review.

 List I: the President denied the two petitions to remove Polyethylene Tereph- thalate (PET) resin (HTS 3907.61.00 and HTS 3907.69.00) from GSP eligibility for Pakistan. Qualifying products from Pakistan will continue to enter the United States duty-free.

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 List II: the President granted a petition to redesignate freshcut orchids (HTS 0603.13.00) from Thailand to GSP. In addition, the President granted a petition to redesignate bamboo plywood (HTS 4412.10.05) and certain tropical hardwood plywood (HTS 4412.31.4155 (pre-November 1, 2019) and HTS 4412.31.45 (post November 1, 2019)) from Indonesia to GSP. Qualifying products, therefore, now enter the United States duty-free.  List III: one product from North Macedonia exceeded the CNLs, for which no petition was received, and now enters the United States at the NTR duty rate. This product is motor vehicles with diesel engine for 16 or more passengers (HTS 8702.10.31).  List IV: the President granted a petition for a CNL waiver for plastic spectacle lenses (HTS 9001.50.00) from Thailand; qualifying products will continue to enter the United States duty-free. The President denied a petition for a CNL waiver for stearic acid (HTS 3823.11.00) from Indonesia. Therefore, the product is subject to the NTR duty rate.  List V: the President granted one-year de minimis waivers to 27 products that exceeded the 50- percent import-share CNL but for which the aggregate value of all U.S. imports of that article was below the 2018 de minimis level of $24 million. Qualifying products will continue to enter the United States duty-free

USTR to hold hearing on GSP country practice reviews and designation of Laos On November 19, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice announcing a hearing for the Gen- eralized System of Preferences (GSP) country practice reviews of Azerbaijan, Ecuador, Georgia, Indonesia, Kazakhstan, Thailand, South Africa, and Uzbek- istan, and the country designation review of Laos. These reviews will focus on whether: (1) Azerbaijan, Georgia, Kazakhstan, and Uzbekistan are meeting the GSP eligibility criterion requiring that a GSP beneficiary country afford workers in that country internationally recognized worker rights; (2) Ecuador is meeting the GSP eligibility criterion requiring a GSP beneficiary country to act in good faith in recognizing as binding or in enforcing applicable arbitral awards; (3) Indonesia and South Africa are meeting the GSP eligibility criterion requiring adequate and effective protection of intellectual property rights; (4) Indonesia and Thailand are meeting the GSP eligibility criterion requiring a GSP beneficiary country to provide equitable and reasonable access to its markets and basic commodity resources; and (5) Laos meets all of the GSP eligibility criteria and should be newly designated as a GSP beneficiary country. [See FR Notice for individual docket numbers and requirements for submissions.]

Dates:

 January 17, 2020 at 11:59 p.m. EST: Deadline for submission of comments, pre-hearing briefs, and requests to appear at the January 30, 2020, public hearing.  January 30, 2020: The GSP Subcommittee of the Trade Policy Staff Commit- tee (TPSC) will convene a public hearing on the GSP country practice reviews of Azerbaijan, Ecuador, Georgia, Indonesia, Kazakhstan, Thailand, South Af- rica, and Uzbekistan, and the country designation review of Laos, in Rooms 1 and 2, 1724 F Street NW, Washington, DC 20508, beginning at 10:00 a.m.  February 28, 2020 at 11:59 p.m. EST: Deadline for submission of post-hearing briefs.

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8483454-v3\WASDMS Baker McKenzie USTR publishes additional exclusions from $200 Bn Action (Tranche 3) On November 13, 2019, USTR published in the Federal Register a notice (previously posted as an advance copy) that announces USTR’s determination to grant certain exclusion requests, as specified in the annex to the notice from the additional duties on goods of China with an annual trade value of approximately $200 billion (Tranche 3) as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.

Effective September 24, 2018, USTR imposed additional 10 percent duties on goods of China classified in 5,757 full and partial subheadings of the Harmo- nized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $200 billion. See 83 Fed. Reg. 47974, as modified by 83 Fed. Reg. 49153. In May 2019, USTR increased the additional duty to 25 percent. See 84 Fed. Reg. 20459. On June 24, 2019, USTR established a process by which U.S. stakeholders may request exclusion of particular products classified within an 8-digit HTSUS subheading covered by the $200 billion action from the additional duties. See 84 Fed. Reg. 29576 (the June 24 notice).

The June 24 notice required submission of requests for exclusion from the $200 billion action no later than September 30, 2019, and noted that USTR would periodically announce decisions. In August 2019, USTR granted an initial set of exclusion requests. USTR granted additional exclusions in Septem- ber and October 2019. USTR regularly updates the status of each pending request on the USTR Exclusions Portal at https://exclusions.ustr.gov/s/Pub- licDocket.

Based on the evaluation of the factors set out in the June 24 notice, USTR has determined to grant the product exclusions set out in the Annex to the notice. USTR’s determination also takes into account advice from advisory committees and any public comments on the pertinent exclusion requests.

As set out in the Annex, the exclusions are reflected in 2 ten-digit HTSUS subheadings and 34 specially prepared product descriptions, which cover 42 separate exclusion requests.

In accordance with the June 24 notice, the exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the product descriptions in the Annex, and not by the product descriptions set out in any particular request for exclusion.

 Paragraph A, subparagraphs 1 and 2 establish a new subheading, 9903.88.34 and a new US note 20(mm) to subchapter III of chapter 99 to cover the products granted exclusions;  Paragraph A, subparagraphs 3–5 are conforming amendments to the HTSUS reflecting the modification made by the Annex. As stated in the September 20, 2019 notice, the exclusions will apply from September 24, 2018, to August 7, 2020.

U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.

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USTR will continue to issue determinations on pending requests on a periodic basis.

USTR seeks comments on its OMB request to approve three year renewal of the collection entitled 301 Exclusion Requests On November 1, 2019, the Office of the USTR published in the Federal Regis- ter a notice and request for comments [OMB Control Number: 0350–0015] with respect to its submission of a request to the Office of Management and Budget (OMB) to renew approval for three years of an existing information collection request (ICR) titled 301 Exclusion Requests under the Paperwork Re- duction Act of 1995 (PRA) and its implementing regulations.

USTR is revising the ICR after considering three comments and USTR’s experience to date in administering the exclusion process. USTR added a new question (question 3) that asks if the product is subject to an antidumping or countervailing duty order issued by the US Department of Commerce. USTR also added additional clarifying language to question 4, indicating that requestors, if necessary, may provide a range of unit values when describing the product at issue. In addition, USTR updates the 301 portal to reduce the burden on submitters and currently is working to improve the user experience by increasing the character limit for certain fields to allow requestors additional space for their comments.

USTR also has created a condensed version of the ICR—the Exclusion Exten- sion Comment Form (Annex B)— that interested parties will use to comment on whether to extend particular exclusions granted in December 2018. The condensed ICR reduces the number of data points in the 301 Exclusion Re- quest/Response/Reply Form (Annex A). The condensed ICR is comprised of Part A, which collects information that USTR will post for public inspection via regulations.gov, and Part B, which collects business confidential information (BCI) via email and will not be publicly available.

The revised ICR is included as Annex A to the notice. The condensed ICR for exclusion extension comments is included as Annex B. Comments must be submitted no later than December 2, 2019.

ITC investigations The ITC initiated (I), terminated (T), requested information or comments (RFC), issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this month: (Click on the investigation title to obtain details from the Federal Register notice or ITC Press Release)

Investigation. No. and title Inv. No. 332–345 - Recent Trends in U.S. Services Trade, 2020 Annual Report (N/RFI)

Commerce proposes rules re: securing the information and communications technology and services supply chain; Comments due on or before December 27 On November 26, 2019, the US Department of Commerce (Commerce) issued a highly anticipated proposed rule with proposed regulations (“Proposed Regulations”) to implement Executive Order 13873, “Securing the Information

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and Communications Technology and Services Supply Chain” (Executive Or- der 13873).

Executive Order 13873 gives the Secretary of Commerce (“Secretary”) sweep- ing, unprecedented authority to prevent or modify transactions involving information and communications technology and services (“ICTS”) originating in countries designated as “foreign adversaries” which pose an undue risk to critical infrastructure or the digital economy in the United States, or an unac- ceptable risk to US national security or the safety of United States persons. All industries are potentially affected by the Proposed Regulations, whether directly or indirectly, which allow for case-by-case reviews of transactions at the Secretary’s discretion. Any transaction that is ongoing as of, or was initiated on or after, May 15, 2019, can be reviewed and there is no mechanism by which a company may seek to clear transactions in advance.

To see a summary of the background and the Proposed Regulations please see the rest of this article here.

If you wish to submit a comment to Commerce or have any questions, please contact any member of our Outbound Trade Compliance team. Comments must be submitted to Commerce on or before December 27, 2019.

The authors, Nicholas F. Coward, Paul E. Amberg and Eunkyung Kim Shin acknowledge the assistance of Iris Zhang in the preparation of this article.

CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES Tunisia requests cultural property protection On November 26, 2019, the Department of State published in the Federal Register a notice of receipt of request from Tunisia for cultural property protection [Public Notice: 10957] under Article 9 of the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Tunisia’s request seeks US import restrictions on archaeological and ethnological material representing Tunisia’s cultural patrimony. The notification of the request is published pursuant to the authority vested in the Assistant Secretary of State for Educational and Cultural Af- fairs, and pursuant to 19 U.S.C. 2602(f)(1). A public summary of Tunisia’s request and information about US implementation of the 1970 Convention will be available at the Cultural Heritage Center web-site: https://eca.state.gov/cultural-heritage-center .

CBP publishes notice on customs broker user fee payment for 2020 On November 27, 2019, US Customs and Border Protection (CBP) published in the Federal Register a document that provides notice to customs brokers that the annual user fee that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by January 31, 2020. Pursuant to fee adjustments required by the Fixing America’s Surface Transportation Act (FAST ACT) and CBP regulations, the annual user fee payable for calendar year 2020 will be $147.89. Payment of the 2020 Customs Broker User Fee is due by January 31, 2020.

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8483454-v3\WASDMS Baker McKenzie CBP proposes to limit CIT and CAFC decisions in wrench case On November 20, 2019, US Customs and Border Protection (CBP) published in the Customs Bulletin and Decisions a proposal to limit, pursuant to 19 U.S.C. §1625(d) and 19 C.F.R. §177.10(d), the application of the decisions of the Court of Appeals for the Federal Circuit and the Court of International Trade (“CIT”) in the case of Irwin Industrial Tool Company v. United States, 222 F. Supp. 3d 1210 (CIT 2017) (“Irwin I”), motion for reconsideration denied in 269 F. Supp. 3d 1294 (2017) (“Irwin II”), affirmed in 920 F. 3d 1356 (Fed. Cir. 2019), to the entries before the courts in that litigation (“Irwin III”) and to locking pliers identical in all material respects to the merchandise in those entries before the Court.

In all other cases, CBP will continue to define a wrench as a tool with a special ability to fixedly grasp an object and allow the user to exert a twisting or wrenching force. A wrench usually contains fixed and adapted jaws or sockets or adjustable jaws, one of which is fixed at the end of a lever for holding or turning a bolt, pipe, or other object. A wrench may have a second handle or lever which serves to lock and release the moveable jaw. Once locked, no force is needed to compress the handles. In the case of a chain pipe wrench or oil wrench, no jaws are necessary. Before making this decision final, consideration will be given to any written comments timely received on this matter before December 20, 2019.

Irwin involved the classification of several styles of hand tools, including straight jaw locking pliers, large jaw locking pliers, curved jaw locking pliers with and without wire cutters, and long nose locking pliers with wire cutters. Based on the function they perform and the manner in which they operate, CBP classified these tools as “wrenches” under heading 8204 of the Harmo- nized Tariff Schedule of the United States (“HTSUS”), and denied each of Ir- win Tool Company’s (“Irwin”) protests to classify them as “pliers” under heading 8203, HTUS. Irwin then filed suit in the CIT, challenging CBP’s classification of the merchandise. The CIT denied CBP’s motion for summary judgment that the tools are properly classified as wrenches under heading 8204, HTSUS, and granted Irwin’s motion for summary judgment that the tools are properly classified as pliers under heading 8203, HTSUS.

For the reasons set forth in the Customs Bulletin and Decisions notice, CBP believes that the definition applied by the court unduly limits the scope of the term wrench and precludes articles that function as wrenches and are commonly and commercially known as wrenches from classification as wrenches.

COAC to hold quarterly meeting On November 12, 2019, US Customs and Border Protection (CBP) published in the Federal Register a notice [Docket No. USCBP-2019-0042] that the Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, December 4, 2019, at the Ronald Reagan Building in Washington, D.C. The meeting will be open to the public to attend either in person or via webinar.

Agenda: The COAC will hear from the current subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed:

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1. The Next Generation Facilitation Subcommittee will provide an update on the One U.S. Government Working Group’s progress and an overview of the recent two-day meeting, during which the working group discussed the Global Busi- ness Identifier and working group priorities. There will be a subcommittee update on the progress of the Unified Entry Processes Working Group’s development of an operational framework and the mapping of 5 deficiencies in the current entry process. The subcommittee will discuss progress on the Emerging Technologies Working Group’s various initiatives, including the recent completion of the Intellec- tual Property Rights Blockchain Proof of Concept testing and follow-up assessment. Finally, the subcommittee will provide an update on the efforts of the E- Commerce Working Group’s projects and pilots. 2. The Secure Trade Lanes Subcommittee will provide updates on the Trusted Trader Working Group’s activities. They will also provide an analysis of the In- Bond processes with a view to areas that are being developed for greater efficiency. The newly launched Export Modernization Working Group will provide updates regarding categorizing issues with export handling and identification of export data elements and opportunities for export process efficiencies. The Export Modernization Working Group may also submit recommendations for COAC’s consideration. The subcommittee will report on the planned scope of work to be ad- dressed by the newly formed Remote and Autonomous Cargo Processing Working Group. 3. The Rapid Response Subcommittee will provide an update regarding the newly formed Broker Continuing Education Taskforce and their goal to evaluate a continuing education framework for licensed customs brokers. 4. The Intelligent Enforcement Subcommittee will discuss their progress and activities, and they may also submit recommendations from the working groups under their jurisdiction for COAC’s consideration. There will be updates from the following: the recently launched Intellectual Property Rights Working Group, which encompasses the visions of the 21st Century Customs Framework; the Anti- Dumping and Countervailing Duties (AD/CVD) Working Group (reporting on its efforts to discuss the AD/CVD Redesign and Date of Duty 6 Calculation); the Bond Working Group (reporting on risk-based bonding and bond sufficiency); and, the Forced Labor Working Group, which was previously on hiatus (reporting on new topics).

Meeting materials will be available by December 2, 2019, at the COAC webpage here.

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 Approval of SGS North America, Inc. (Freeport, TX), as a Commercial Gauger (N) Approval of Intertek USA, Inc. (Valdez, AK) as a Commercial Gauger (N) Accreditation and Approval of Inspectorate America Corporation (Beaumont, TX) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Saybolt LP (Houston, TX) as a Commercial Gauger and Laboratory (N) 11-05-19 Approval of SGS North America, Inc. (Sulphur, LA), as a Commercial Gauger (N) Accreditation and Approval of Inspectorate America Corporation (Peñuelas, PR) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Inspectorate America Corporation (St. Croix, USVI) as a Commercial Gauger and Laboratory (N) Approval of Intertek USA, Inc (Freeport, TX) as a Commercial Gauger (N) Approval of Intertek USA, Inc. (Tampa, FL) as a Commercial Gauger (N)

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F.R. Date Subject Accreditation and Approval of Camin Cargo Control, Inc. (Gonzales, LA) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of AmSpec LLC (Tampa, FL) as a Commercial Gauger and Laboratory (N) Accreditation and Approval of SGS North America, Inc. (Seabrook, TX), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Intertek USA, Inc. (Chickasaw, AL) as a Commer- cial Gauger and Laboratory (N) Accreditation and Approval of Camin Cargo Control, Inc. (Nederland, TX), as a Commercial Gauger and Laboratory (N) Accreditation and Approval of Camin Cargo Control, Inc. (Kenner, LA), as a Commercial Gauger and Laboratory (N) Agency Information Collection Activities: Lien Notice [OMB Control No. 1651- 11-19-19 0012] (N) [CBP Form 3485] Agency Information Collection Activities: Application To Pay Off or Discharge an 11-25-19 Alien Crewman [OMB Control No.: 1651-0106] (N) [Form I–408] Agency Information Collection Activities: Declaration of Owner and Declaration of Consignee When Entry is made by an Agent [OMB Control No.: 1651-0093] 11-27-19 (N) [CBP Forms 3347 and 3347A] Approval of AmSpec LLC (La Porte, TX), as a Commercial Gauger (N)

Detention Orders (Withhold Release Orders) When information reasonably but not conclusively indicates that merchandise within the purview of 19 U.S.C. §1307 (forced or convict labor) is being imported, the Commissioner of U.S. Customs and Border Protection (CBP) may issue withhold release orders pursuant to 19 C.F.R. § 12.42(e). The following withhold release orders were issued by the Commissioner during the period of coverage of this Update.

Date Country Merchandise and Manufacturer(s) Tobacco produced in Malawi and products containing tobacco pro- 11-01-19 Malawi duced in Malawi

CBP issues guidance for Section 301 ($200Bn) Tranche 3 third and 4th rounds of product exclusions from China On November 20, 2019, CBP issued CSMS #40710742 - GUIDANCE: Section 301 $200B – Tranche 3 Fourth Round of Product Exclusions from China, which is reproduced below:

BACKGROUND On November 13, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 61674 announcing the decision to grant the fourth round of certain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China ($200B Action - Tranche 3). These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The product exclusions announced in this notice will retroactively apply as of the September 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.

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The exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 61674, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10- digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion. For ease of reference, a link to the entire Federal Register Notice is embedded in this message. The functionality for the acceptance of the fourth round of products of China excluded from Section 301 duties will be available in the Automated Commercial En- vironment (ACE) as of Noon, November 14, 2019. GUIDANCE Instructions for importers, brokers and filers on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures as set out in 84 FR 61674 are as follow:  In addition to reporting the regular Chapters 39, 42, 44, 48, 50, 54, 60, 73, 82, 83, 84, 85, 87, 90, and 94 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.34 (Articles the product of China, as provided for in U.S. note 20(mm) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.  Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.34 is submitted. ADDITIONAL INFORMATION Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of September 24, 2018. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation. Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858 (Entry Summary Order of Reporting for Multi- ple HTS when 98 or 99 HTS are Required). Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146. For ease of reference, Summaries of Section 301 Duties and Product Exclusion Notifications are provided as an attachment. For more information related to the fourth round of products of China excluded from Section 301 duties, please refer to 84 FR 61674, issued November 13, 2019. Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representa- tive. Questions related to Section 301 entry-filing requirements should be emailed to [email protected]. Related messages: #38840764, #38840764, #39169565, #39268267, #39473933, #39587690, 19-000052, 19-000155, 19-000212, 19-000244, 19-000332  Section 301 Goods of China CSMS Action Summary Table.pdf

On November 8, 2019, CBP issued CSMS #40564257 - GUIDANCE: Section 301 $200B-Tranche 3 Third Round of Product Exclusions from China, which is reproduced below:

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BACKGROUND On October 28, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 57803 announcing the decision to grant the third round of certain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China ($200B Action - Tranche 3). These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The product exclusions announced in this notice will retroactively apply as of the September 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020. The exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 57803, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10- digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion. The functionality for the acceptance of the third round of products of China excluded from Section 301 duties will be available in the Automated Commercial En- vironment (ACE) as of 12 pm (Noon) Eastern Standard Time, November 7, 2019. GUIDANCE Instructions for importers, brokers and filers on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures as set out in 84 FR 57803 are as follow:  In addition to reporting the regular Chapters 29, 32, 37, 39, 40, 48, 51, 54, 56, 58, 59, 60, 68, 70, 73, 74, 75, 76, 82, 83, 84, 85, 87, 90, and 94 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.33 (Articles the product of China, as provided for in U.S. note 20(II) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion.  Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.33 is submitted.

ADDITIONAL GUIDANCE FOR APPLYING SEC 301 DUTY TO SETS (Annex B) Annex B to 84 FR 49591 published September 20, 2019 identifies specific HTS numbers described as General Rules of Interpretation (GRI) 1 sets provision. Part A applies to those sets in the Tranche 3 (9903.88.03 or 9903.88.09) list and Part B applies to those sets in the Tranche 4 (9903.88.15) list. The intent is to apply section 301 duties only once on products of a set provision. The reference to “sets” in 84 FR 49591 pertains to so-called “GRI 1 sets”, which are provisions in the HTSUS that identify a specific type of “set” (e.g. tool sets of heading 8206). The General Column 1 duty rate of those “sets” is typically the highest duty rate of all of the individual components that make up the set (i.e. does the “hand saw” of subheading 8202.10 have a higher or lower duty rate than the “band saw” of subheading 8202.20?). Previously, if a component of a set was on its own subject to the China 301 remedy by virtue of being included, for example, under “List 1”, then that component would have the highest duty rate, and therefore subject to entire “set” to the section 301 duties. However, when the entire “set” provision (e.g. heading 8206) was included in a subsequent “List” of provisions subjected to the increased duties, that resulted in a cumulative imposition of the section 301 duties (i.e. the duty rate from the afore- mentioned component subjected to the China 301 remedy under “List 1” plus the increased duty imposed on the overall set by virtue of its inclusion in the subsequent “List”). The effect of 84 FR 49591 is to stop this cumulative imposition of the

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section 301 duties such that they apply only once to products imported under the set provisions designated in the notice. If the component(s) is not subject to section 301 duties then the HTS# associated with the set will have the applicable duty rate applied as per the procedures out- lined with the respective Tranche. If the set and the component(s) are subject to Section 301 duties, use the guidance below. Section 301 duties are to be applied on the component with the highest duty rate.  If the component HTS# is covered under Tranche 1 (9903.88.01), then transmit 9903.88.21. (Only the Tranche 1 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)  If the component HTS# is covered under Tranche 2 (9903.88.02), then transmit 9903.88.22. (Only the Tranche 2 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)  If the component HTS# is covered under Tranche 3 (9903.88.03 or 9903.88.09), then transmit 9903.88.23. (Only the Tranche 3 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)  If the component HTS# is covered under Tranche 4 (9903.88.04), then transmit 9903.88.24. (Only the Tranche 4 duty rate will apply to the component and the set will not be charged the Tranche 3 duty rate.)  If the component HTS# is covered under Tranche 1 (9903.88.01), then transmit 9903.88.25. (Only the Tranche 1 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.)  If the component HTS# is covered under Tranche 2 (9903.88.02), then transmit 9903.88.26. (Only the Tranche 2 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.)  If the component HTS# is covered under Tranche 3 (9903.88.03 or 9903.88.09), then transmit 9903.88.27. (Only the Tranche 3 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.)  If the component HTS# is covered under Tranche 4 (9903.88.04), then transmit 9903.88.28. (Only the Tranche 4 duty rate will apply to the component and the set will not be charged the Tranche 4 duty rate.) NOTE: 9903.88.21, 9903.88.22, 9903.88.23 and 9903.88.24 are valid as of the effective date for Tranche 3, September 24, 2018. 9903.88.25, 9903.88.26, 9903.88.27 and 9903.88.28 are valid as of the effective date for Tranche 4, September 1, 2019. ADDITIONAL INFORMATION Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of September 24, 2018. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation. Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, see CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are Required). Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by

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the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146. For ease of reference, Summaries of Section 301 Duties and Product Exclusion Notifications are provided below:

NOTE: All exclusions apply beginning the effective date of the Tranche and extend for one year after the publication of the FRN granting the exclusion, except 9903.88.18 and 9903.88.33 which applies beginning 9/24/18 and ends 8/7/2020.

SUMMARY OF SECTION 301 DUTIES ON PRODUCTS OF CHINA – Additional Duties Assessed

Federal Publica- Effective Register tion Action Tranche Date HTS Duty CSMS Notice Date

$34B Action Tranche 1 83 FR 28710 6/20/2018 7/6/2018 9903.88.01 +25% 18-000409

$16B Action Tranche 2 83 FR 40823 8/16/2018 8/23/2018 9903.88.02 + 25% 18-000493 9903.88.03 $200B Action Tranche 3 83 FR 47974 9/21/2018 9/24/2018 9903.88.04 +10% 18-000554 9903.88.03 $200B Action Tranche 3 84 FR 20459 5/9/2019 5/10/2019 9903.88.04 +25% 19-000238

84 FR 21892 5/15/2019 19-000238 Tranche 3 5/10/2019 “On the 84 FR 26930 Thru $200B Action Water Pro- 9903.88.09 + 10% 19-000274 vision” (Date Exten- 6/15/2019 6/10/2019 19-000296 sion) 9903.88.15 9/1/2019 Annex A $300B Action Tranche 4 84 FR 43304 8/20/2019 9903.88.16 + 10% 39473933 12/15/2019 Annex C 9903.88.15 9/1/2019 Annex A 9903.88.16 12/15/2019 $300B Action Tranche 4 84 FR 45821 8/30/2019 Annex C + 15% 39587690 suspended

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8483454-v3\WASDMS Baker McKenzie Sets included in Tranche 3 or Tranche 4 – if both the set and the component(s) are subject to Section 301 duties the below HTS# will be transmitted with the component which has the highest duty rate; thus applying the Tranche rate specific to the component and not the set. Sets/Tranche Tranche 1 84 FR 49591 9/20/2019 9/24/2018 9903.88.21 + 25% 40003027 3 Sets/Tranche Tranche 2 84 FR 49591 9/20/2019 9/24/2018 9903.88.22 + 25% 40003027 3 + 25%

+ 10% Sets/Tranche Tranche 3 84 FR 49591 9/20/2019 9/24/2018 9903.88.23 40003027 3 if “on the water” Sets/Tranche Tranche 4 84 FR 49591 9/20/2019 9/24/2018 9903.88.24 + 15% 40003027 3 Sets/Tranche Tranche 1 84 FR 49591 9/20/2019 9/1/2019 9903.88.25 +25% 40003027 4 Sets/Tranche Tranche 2 84 FR 49591 9/20/2019 9/1/2019 9903.88.26 + 25% 40003027 4

+ 25%

+10% Sets/Tranche Tranche 3 84 FR 49591 9/20/2019 9/1/2019 9903.88.27 40003027 4 if “on the water”

Sets/Tranche Tranche 4 84 FR 49591 9/20/2019 9/1/2019 9903.88.28 +15% 40003027 4

SUMMARY OF SECTION 301 DUTIES ON PRODUCTS OF CHINA - Product Exclusions Granted

Federal Regis- Publication Effective Round Tranche HTS CSMS ter Notice Date Date

1st 83 FR 67463 12/28/2018 7/6/2018 9903.88.05 19-000052

2nd 84 FR 11152 3/25/2019 7/6/2018 9903.88.06 19-000155

3rd 84 FR 16310 4/18/2019 7/6/2018 9903.88.07 19-000212 th 84 FR 21389 5/14/2019 7/6/2018 9903.88.08 19-000244 4 Tranche 1 - $34B 5th 84 FR 25895 6/11/2019 7/6/2018 9903.88.10 19-000332

6th 84 FR 32821 7/9/2019 7/6/2018 9903.88.11 38840764

7th 84 FR 49564 9/20/2019 7/6/2018 9903.88.14 40002982

8th 84 FR 52567 10/2/2019 7/6/2018 9903.88.19 40330403

1st 84 FR 37381 7/31/2019 8/23/2018 9903.88.12 39169565 Tranche 2 - 2nd 84 FR 49600 9/20/2019 8/23/2018 9903.88.17 40001360 $16B 3rd 84 FR 52566 10/2/2019 8/23/2018 9903.88.20 40208881

1st 84 FR 38717 8/7/2019 9/24/2018 9903.88.13 39268267 nd Tranche 3 - 84 FR 49591 9/20/2019 9/24/2018 9903.88.18 40003027 2 $200B 3rd 84 FR 57803 10/28/2019 9/24/2018 9903.88.33 40564257

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8483454-v3\WASDMS Baker McKenzie Detention Orders (Withhold Release Orders) When information reasonably but not conclusively indicates that merchandise within the purview of 19 U.S.C. §1307 (forced or convict labor) is being imported, the Commissioner of US Customs and Border Protection (CBP) may issue withhold release orders pursuant to 19 C.F.R. § 12.42(e). The following withhold release orders were issued by the Commissioner during the period of coverage of this Update.

Date Merchandise Country & Manufacturer Status Tobacco produced in Malawi and products 11-01-19 Tobacco Active containing tobacco produced in Malawi

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. ACE outages or delays which have already occurred and problems which have been resolved are not included below.

Date CSMS# and Title CSMS #40504815 - Food and Drug Administration (FDA) Updates to Center for Food Safety and Applied Nutrition (CFSAN) Product Codes CSMS #40505267 - Food and Drug Administration (FDA) New Center for Drug 11-04-19 Evaluation and Research (CDER) Product Code and End- Dating Center for Devices and Radiological Health (CDRH) Product Code CSMS #40524442 - Food and Drug Administration (FDA) New Center for Veteri- 11-05-19 nary Medicine (CVM) Product Codes and Changes CSMS #40531423 - Harmonized System Update (HSU) 1918 created on Octo- ber 31, 2019 CSMS #40532300 - Food and Drug Administration (FDA) End-Dating Center for 11-06-19 Devices and Radiological Health (CDRH) Product Codes CSMS #40538274 - Agriculture License Entry Summaries Subject to FRN 54245 Vol 84 No 196 are Not Allocating CSMS #40564257 - Guidance: Section 301 $200B-Tranche 3 Third Round of 11-08-19 Product Exclusions from China 11-14-19 CSMS #40637910 - Drawback: Revised CBP Form 7553 Posted to CBP.gov CSMS #40649332 - Food and Drug Administration (FDA) New Center for Drug Evaluation and Research (CDER) Product Codes CSMS #40651137 - ACE Truck Manifest Enhancements – Information Sheet Now Available 11-15-19 CSMS #40651219 - Broker Management Office (BMO) Functionality Deploy- ment in the Automated Commercial Environment (ACE) – Date Set for December 7, 2019 CSMS #40653527 - New Draft Importer/Bond Query (KI/KR) CATAIR Posted on CBP.GOV CSMS #40678138 - Update: Issue Searching Antidumping/Countervailing Duty (AD/CVD) Messages to Public Message Website CSMS #40680738 - Updated ACE Development and Deployment Schedule 11-18-19 Posted to CBP.gov/ACE CSMS #40683630 - New Draft Chapter of Entry Summary Status Notification CATAIR (V17) posted on CBP.GOV 11-19-19 CSMS #40696807 - Updated Drawback Error Dictionary Posted on CBP.GOV

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Date CSMS# and Title CSMS #40710742 - Guidance: Section 301 $200B – Tranche 3 Fourth Round of Product Exclusions from China 11-20-19 CSMS #40711448 - Issues accessing ACE Accounts Portal in Prod CSMS #40712644 - RESOLVED - Access to ACE Accounts Portal in Prod CSMS #40723509 - U.S. Customs and Border Protection (CBP) to Begin In- spections for Tomato Brown Rugose Fruit Virus CSMS #40726090 - FINAL NOTICE: Retirement of the Current Cisco EzVPN 11-21-19 Solution CSMS #40609121 - U.S. Customs and Border Protection (CBP) UPDATE: Uru- guay Beef Export Certificate Hard Reject Beginning 11/19/2019 CSMS #40743363 - Update to the Office of Marine Conservation (OMC) Imple- 11-22-19 mentation Guide (IG) CSMS #40770259 - Updated Automated Broker Interface (ABI) Software Ven- dor List CSMS #40777766 - ACE Support Resources for Trade Users – Updated Ver- sion Available on CBP.gov 11-25-19 CSMS #40778701 - ACE Delays processing 1C release messages to Trade CSMS #40779164 - RESOLVED: ACE Delays processing 1C release messages to Trade CSMS #40780284 - Harmonized System Update (HSU) 1919 created on No- vember 20,2019 CSMS #40786207 - UPDATE: Correction Made to Updated Office of Marine Conservation (OMC) Implementation Guide (IG) CSMS #40790865 - Updated ACE Cargo Release Condition Codes Now Availa- 11-26-19 ble on CBP.gov CSMS #40791224 - Updated ACE Cargo Release CATAIR Now Available on CBP.gov CSMS #40803996 - Updated ACE Cargo Release CATAIR Draft Chapter Now 11-27-19 Available on CBP.gov CSMS #40804410 - Update to ACE Appendix PGA

Foreign Trade Zones The following documents were published in the Federal Register by the For- eign-Trade Zones Board:

F.R. Date Document Foreign-Trade Zone 12—McAllen, Texas; Application for Production Authority; Black & Decker (U.S.), Inc. (Lithium Ion Battery Assembly for Cordless Power Tools), Mission, Texas [B–68–2019] 11-04-19 Foreign-Trade Zone 28—New Bedford, Massachusetts; Application for Subzone; The Lobster Trap Co.; Bourne, Massachusetts [S-220-2019] Foreign-Trade Zone 124—Gramercy, Louisiana; Application for Subzone; Frank’s International, LLC; New Iberia/ Lafayette, Louisiana [B–69–2019] Foreign-Trade Zone 38—Spartanburg County, South Carolina; Application for 11-05-19 Subzone, Commerce Warehouse Group, LLC, Rock Hill, South Carolina [S– 223–2019] Foreign-Trade Zone 183—Austin, Texas; Notification of Proposed Production Activity; Flextronics America, LLC; (Automated Data Processing Machines); 11-13-19 Austin, Texas [B–70–2019] Approval of Subzone Status; Patterson Pump Company; Toccoa, Georgia [S– 183–2019] Foreign-Trade Zone 134— Chattanooga, Tennessee; Notification of Proposed 11-19-19 Production Activity; Volkswagen Group of America Chattanooga Operations, LLC; (Passenger Motor Vehicles); Chattanooga, Tennessee [B–71–2019] Foreign-Trade Zone 7—Mayaguez, Puerto Rico; Application for Expansion of 11-25-19 Subzone 7F; Puma Energy Caribe, LLC, Guaynabo, Puerto Rico [S–235–2019]

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F.R. Date Document Foreign-Trade Zone 38 – Spartanburg County, South Carolina; Authorization of 11-26-19 Production Activity; ZF Chassis Systems Duncan, LLC (Automotive Suspen- sion Systems), Duncan, South Carolina [B-45-2019] Foreign-Trade Zone 201 – Holyoke, Massachusetts; Authorization of Produc- 11-27-19 tion Activity; ProAmpac Holdings, Inc. (Flexible Packaging Applications) West- field, Massachusetts [B-47-2019]

EXPORT CONTROLS AND SANCTIONS OFAC amends Venezuelan Sanctions Regulations On November 22, 2019, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule amending 31 C.F.R. Part 591, the Venezuela Sanctions Regulations to incorporate additional Executive orders, add a general license authorizing U.S. Government activities, and add an in- terpretive provision.

State updates Cuba Restricted List On November 19, 2019, the Department of State published in the Federal Register an update to its List of Restricted Entities and Subentities Associated with Cuba (Cuba Restricted List) [Public Notice: 10947] with which direct financial transactions are generally prohibited under the Cuban Assets Control Regulations (CACR). This Cuba Restricted List is also considered during review of license applications submitted to Commerce’s Bureau of Industry and Security (BIS) pursuant to the Export Administration Regulations (EAR).

US targets Iran construction sector and metals industry with new sanctions On October 31, 2019, the US State Department strengthened US secondary sanctions targeting Iran under the Iran Freedom and Counter-Proliferation Act of 2012 (“IFCA”) (codified at 22 U.S.C. § 8801 et seq.), which dates back to 2013. These new IFCA sanctions target the construction sector in Iran and make sanctionable the export to Iran of certain strategic metals.

Under IFCA sections 1245-1246, sanctions may be imposed on persons who knowingly engage in the sale, supply or transfer, directly or indirectly, to or from Iran of certain materials. IFCA Section 1245(a)(1)(C)(i) requires the President to impose five or more of the menu-based sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (“ISA”) against any person where a determination is made that such person has engaged in the sale, supply, or transfer to or from Iran of raw and semi-finished metals, graphite, coal, and software for integrating industrial processes:

1. if they are to be used in connection with any sector of the economy of Iran determined to be controlled directly or indirectly by the Islamic Revolutionary Guard Corps (“IRGC”), or 2. if they are determined to be used in connection with Iran’s nuclear, military, or ballistic missile programs.

Both conditions require specific determinations. The first condition requires identification of the relevant sector. The second condition requires a determination that the qualifying metals are determined to be used in the named programs. The potential ISA sanctions include, among others, SDN designation, a prohibition for the US Government to issue specific export licenses under

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the Export Administration Act, and a prohibition on US-dollar transactions and payments through US banks.

On October 31, the US Secretary of State made two determinations:

1. the construction sector of Iran is controlled directly or indirectly by the IRGC, and 2. four strategic materials (“Strategic Metals”) are being used in connection with the nuclear, military, or ballistic missile programs of Iran. According to the State Department fact sheet, the four Strategic Metals are stainless steel 304L tubes; MN40 manganese brazing foil; MN70 manganese brazing foil; and stainless steel CrNi60WTi ESR + VAR (chromium, nickel, 60 percent tungsten, titanium, electro-slag remelting, vacuum arc remelting).

This is the first time the State Department has made such determinations under IFCA.

The first IFCA determination makes sanctionable the sale, supply or transfer, directly or indirectly, to or from Iran of any raw and semi-finished metals, graphite, coal, and software for integrating industrial processes if such metals are used in connection with the construction sector. Such metals have been previously been described in an FAQ published by the US Treasury Depart- ment’s Office of Foreign Assets Control. The second IFCA determination makes sanctionable the sale, supply or transfer, directly or indirectly, of any Strategic Materials to or from Iran, regardless of the end-user or end-use.

These IFCA sanctions and the accompanying statements from the State De- partment indicate that the metals sector remains a focus of US sanctions efforts targeting Iran, building on Executive Order 13871 from May 2019 that authorized the imposition of sanctions on parties operating in the iron, steel, aluminum, and copper sectors of Iran. These sanctions are in addition to US secondary sanctions targeting other sectors of the Iranian economy, in the energy, shipping, shipbuilding, automotive sectors.

For additional information, please contact the authors: Janet K. Kim, Alexan- dre (Alex) Lamy and Maria Sergeyeva, or any member of the US Outbound group with whom you normally work.

BIS extends Huawei temporary general licenses Effective November 18, 2019, the US Commerce Department’s Bureau of In- dustry and Security (BIS) issued a final rule [Docket No. 191115–0082] ex- tending by 90 days through February 16, 2020 the validity of the Temporary General License (“TGL”) authorizing certain transactions involving the export, reexport, and transfer of items subject to the Export Administration Regula- tions to Chinese-headquartered Huawei Technologies Co. Ltd. (“Huawei”) and one hundred and fourteen of its non-US affiliates designated on the BIS Entity List. The TGL had been set to expire on November 18, 2019.

Please see our prior blog posts on the initial designation of Huawei and sixty- eight of its non-US affiliates to the Entity List on May 16, 2019 here; on the issuance of the original TGL on May 20, 2019 here; on the designation of forty- six additional non-US affiliates of Huawei to the Entity List and on the TGL updates issued on August 19, 2019 here; and on BIS’s publication of Huawei-related FAQs on September 9, 2019 here.

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Since this extension of the TGL, BIS has reportedly begun issuing some individual licenses to authorize limited and specific activities which do not impose a significant risk to US national security or foreign policy interests, but has also stated that it intends to deny other license applications.

Authors: Alison J. Stafford Powell, Lise S. Test and Daniel Andreeff

BIS amends Entity List On November 13, 2019, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 191105-0076] that amends the Export Administration Regulations (EAR) by adding twenty-two entities, under a total of thirty-two entries, to the Entity List. These twenty-two entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These entities will be listed on the Entity List under the destinations of Bahrain, France, Iran, Jor- dan, Lebanon, Oman, Pakistan, Saudi Arabia, Senegal, Syria, Turkey, the United Arab Emirates (U.A.E.) and the United Kingdom (U.K.). This rule also modifies one existing entry on the Entity List under the destination of Pakistan. Finally, this rule removes three entities from the Entity List; one under the destination of Pakistan, one under the destination of Singapore and one under the destination of the U.A.E. The removals are made in connection with requests for removal that BIS received pursuant to sections of the EAR used for requesting removal or modification of an Entity List entry, and the subsequent review by the End-User Review Committee of the information provided in the requests.

US Government expands restrictions against Cuba: BIS further restricts exports to Cuba and DOT suspends scheduled air service for Cuba On October 21, 2019, the US Commerce Department’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to further restrict exports and reexports of items to Cuba (“the Amendment“). Ac- cording to BIS, the Amendment was made to further restrict the Cuban government’s access to items subject to the EAR, thereby supporting the US government’s national security and foreign policy decision to hold the Cuban regime accountable for its repression of the Cuban people and its continuing support for the Maduro regime in Venezuela. The Amendment further implements President Trump’s June 2017 National Security Presidential Memoran- dum on Strengthening the Policy of the United States Toward Cuba. BIS also updated Frequently Asked Questions regarding Cuba, and the US Commerce Department issued a related press release here.

The same week, Secretary of State Michael R. Pompeo wrote to the Secretary of Transportation noting the Administration’s policy and requested that the De- partment of Transportation (DOT) suspend all scheduled US carrier flights between the United States and all airports in Cuba, except José Martí Interna- tional Airport (HAV) in Havana. DOT issued an order suspending service on October 25, 2019. US air carriers have 45 days to discontinue all scheduled air service between the United States and all airports in Cuba, except José Martí International Airport. Please see here for the State Department’s press release.

A summary of specific changes/clarifications made by the Amendment are described below:

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1. Cuba Licensing Policy for Aircraft Leased to Cuban State-Owned Airlines

The Amendment removes the general policy of approval for license applications to export or reexport aircraft leased to Cuban state-owned airlines. License applications to lease aircraft to Cuban state-owned airlines are now subject to the general policy of denial in §746.2(b) of the EAR. BIS will also revoke licenses within seven days, through individual notifications to licensees pursuant to §750.8 of the EAR, for aircraft leased to Cuban state-owned airlines under the former policy.

2. License Exception Aircraft, Vessels, and Spacecraft (“AVS”)

The Amendment restricts certain aspects of License Exception AVS which are summarized as follows:

 The Amendment clarifies that aircraft and vessels are not eligible for License Exception AVS if they are leased to or chartered by a Cuban national or a national of a destination in Country Group E:1. License applications for aircraft or vessels leased to or chartered by Cuban nationals will be reviewed pursuant to the applicable licensing policy described in § 746.2(b) of the EAR while license applications for aircraft or vessels leased to or chartered by, or on the behalf of, the Cuban government, including state-owned airlines or other enterprises, will generally be denied.  The Amendment adds Cuba to restrictions of License Exception AVS regarding (i) the sale or transfer of operational control of foreign registered aircraft or foreign flagged vessels and (ii) the operational control of foreign and US registered aircraft or foreign and US flagged vessels.

3. De Minimis Rule

The Amendment revises the EAR to establish a 10% de minimis level for Cuba, although (i) the US State Department has not re-designated Cuba as a State Sponsor of Terrorism and (ii) BIS has not re-included Cuba into Country Group E:1 and Cuba remains in Country Group E:2. For background, in 2015, the US State Department rescinded the designation of Cuba as a State Sponsor of Terrorism, and BIS amended the EAR and removed Cuba from Country Group E:1, which resulted in increasing the de minimis level from 10% to 25% for Cuba. The current return to the 10% de minimis level by making Country Group E:2, which currently only includes Cuba, subject to the 10% de minimis level is unusual because the 10% de minimis threshold is normally reserved for State Sponsors of Terrorism.

4. License Exception Support for the Cuban People (“SCP”)

The Amendment restricts certain aspects of License Exception SCP which are summarized as follows:

 License Exception SCP (paragraph (c)(1)) no longer covers donations to organizations administered or controlled by the Cuban government or communist party. Donations to the Cuban people and civil society organizations, however, are still eligible for License Exception SCP, provided the items would be used to support activities independent of the Cuban government and communist party.  License Exception SCP (paragraph (d)(1)) is clarified that it is limited to the creation and upgrades of telecommunications infrastructure to improve the free flow of information to, from, and among the Cuban people. For infrastructure items that would be used to connect specific end users (e., non-backbone items), those items may be used to connect individual Cubans or the Cuban private sector only, and not Cuban government ministries or state-owned ho- tels.

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License Exception SCP (paragraph (e)(2)) no longer authorizes the export or reexport of items to be given away for free for promotional purposes. Items for use by the Cuban private sector for private sector economic activities, however, remain eligible for License Exception SCP, provided the associated terms and conditions are met.

Authors: Bart M. McMillan, Jennifer Trock and Eunkyung Kim Shin. The authors acknowledge the assistance of Iris Zhang in the preparation of this article.

FinCEN designates Iran as a jurisdiction of primary money laundering concern and OFAC unveils Iran humanitarian trade mechanism On October 25, 2019, the US Treasury Department’s Financial Crimes En- forcement Network (FinCEN) issued a final rule identifying Iran as a jurisdiction of primary money laundering concern (“Final Rule”) under Section 311 of the USA PATRIOT ACT, seeking to further isolate Iran from the global financial system. Concurrently, the US Treasury and State Departments announced a new humanitarian mechanism to ensure that funds associated with permissible trade in support of the Iranian people are not diverted by the Ira- nian regime to develop ballistic missiles, support terrorism, or finance other malign activities. These measures build upon the US Treasury Department’s Office of Foreign Assets Control’s (OFAC) additional sanctions against the Central Bank of Iran discussed in our prior blog post here.

Section 311 Primary Money-Laundering Concern

The Final Rule, which became effective on November 4, 2019, amends Part 1010 of the FinCEN regulations at 31 C.F.R. Chapter X and prohibits US financial institutions from opening or maintaining correspondent or payable- through accounts for or on behalf of Iranian financial institutions. The Final Rule requires US financial institutions to apply special due diligence to correspondent accounts in the US held by foreign banks to ensure that such correspondent accounts are not used to process transactions involving Iranian financial institutions that are not otherwise permissible under US law. At a mini- mum, the special due diligence must include a notification to correspondent account holders that the US financial institution knows or has reason to be- lieve are using their correspondent accounts to process transactions involving Iranian financial institutions that such prohibited transactions may not take place. US financial institutions must also take reasonable steps to identify any use of their foreign correspondent accounts for transactions involving Iranian financial institutions. Violations of the Final Rule could expose US financial institutions to penalties under the Bank Secrecy Act. These restrictions apply with respect to all Iranian financial institutions and not just those designated on OFAC’s List of Specially Designated Nationals and Blocked Persons (“SDN List”).

According to the Treasury Department’s press release, FinCEN’s action is based on its finding that international terrorists and entities involved in missile proliferation have transacted business in Iran, and that Iran is a jurisdiction characterized by a high level of institutional corruption and weak AML/CFT laws. The Final Rule aims to apply “maximum pressure” to shut off the Iranian regime’s illicit sources of revenue. In line with these goals, the Final Rule will

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limit Iranian banks’ ability to maintain overseas accounts and access foreign currency.

Since sanctions against Iran already largely prohibit US financial institutions from facilitating transactions by Iranian financial institutions, the practical impact of the Final Rule will be limited. As a general matter, US financial institutions have already paid special attention to foreign correspondent accounts to ensure that such accounts do not give rise to sanctions compliance risk. For example, most US financial institutions who maintain accounts for foreign financial institutions require such account holders to represent or certify that they will not use the accounts to process transactions involving US sanctions targets, including Iranian financial institutions. Employment of such a compliance measure was already an expectation of bank regulators, even before the imposition of the Final Rule, in recognition of the significant sanctions compliance risk posed by correspondent account holders who use their accounts with US financial institutions to facilitate US dollar payment activity on behalf of their (non-US) customers.

New Humanitarian Trade Mechanism

Under OFAC’s new humanitarian trade “mechanism,” foreign financial institutions can receive written confirmation from OFAC that they will not be subject to US sanctions for engaging in certain humanitarian trade with Iran, including agricultural commodities, food, medicine and medical devices, if they agree to conduct enhanced due diligence on such transactions and provide the information obtained through the enhanced due diligence to the Treasury Depart- ment. An “illustrative” list of the information foreign financial institutions choos- ing to participate in the mechanism may need to provide to the US Govern- ment includes:

 The information used to identify the Iranian customers of the humanitarian trade and to verify their identities and beneficial ownership  The information used by financial institutions to understand the purpose and intended nature of business relationships between the seller and the customer in Iran  A monthly balance statement of any account of an Iranian financial institution  A list of Iranian SDNs (designated for reasons other than just [IRAN]) with which the Iranian customer indicates it has current business relations  Detailed information as to the commercial terms and logistics of the transaction, including information about the ultimate customer, all intermediaries involved in the transaction, and the financial arrangements and shipping and transportation logistics underlying the transaction  Written confirmation that the Iranian distributor will not allow the goods to be sold or resold to Iranian SDNs (again, designated for reasons other than just [IRAN])  Additional information regularly obtained by the foreign financial institution in connection with its ongoing due diligence measures to verify the consistency of the transaction with the purposes of the humanitarian channel, among other things  Any additional information OFAC may require on a case-by-case basis

The stated purpose of the “mechanism” is to restrict the role of the Central Bank of Iran (the “CBI”) in facilitating humanitarian trade to prevent the CBI

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from diverting funds relating to such trade for illicit purposes. The CBI plays multiple roles in relation to humanitarian exports into Iran – e.g., ranging from actual funds transfers to approval of the allocation and award of foreign exchange for humanitarian purchases by Iranian entities – and it is not entirely clear whether some of those roles are less troubling to OFAC than others. Notably, the announcement does not provide any guidance on suggested payment channels not involving the CBI.

The announcement by the US Treasury and State Departments states that the mechanism may also be used by US persons and US-owned or -controlled foreign entities, while noting that US persons must continue to comply with the existing requirements under the Trade Sanctions Reform and Export En- hancement Act of 2000 (“TSRA”) for humanitarian exports to Iran.

There is no indication in the announcement as to how the mechanism will operate in practice. As an initial matter, it is not clear with whom at the US Treasury Department parties interested in taking advantage of the mechanism should engage. In addition, the announcement does not address the length of time it might take the US Treasury Department (OFAC, presumably, although this is not entirely clear) to render a decision.

Although details on the proposed mechanism are scarce, the initiative by the US government to work with private parties to facilitate humanitarian trade with Iran is consistent with the US government’s overall policy to punish the Iranian government through the use of economic sanctions and not the Iranian people. However, the initiative seems to have only added to the compliance burden associated with US sanctions compliance faced by those engaged in humanitarian trade with US sanctions targets.

For additional information, contact the authors: Andrea Tovar, Inessa Owens and Terence Gilroy

Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the Federal Register by the Office of Foreign Assets Control (OFAC) or by the State Department (State) or the Bureau of Industry and Security (BIS):

F.R. Date Applicable orders 11-07-19 OFAC: Notice of OFAC Sanctions Actions (N) [1 entity, 1 vessel] 11-12-19 OFAC: Notice of OFAC Sanctions Actions (N) [9 individuals, 1 entity] STATE: Updating the State Department’s List of Entities and Subentities Associ- 11-19-19 ated With Cuba (Cuba Restricted List) [Public Notice: 10947] (N) 11-26-19 OFAC: Notice of OFAC Sanctions Action (N) [4 individuals, 5 entities]

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OTHER COVERAGE Treasury, Commerce, Homeland Security and State meetings and notices related to trade

AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES EN- FORCEMENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTI- TUTE OF STANDARDS AND TECHNOLOGY; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY; STATE=DEPARTMENT OF STATE. [Note: Only meetings which occur after scheduled distribution of this Update are listed.]

F.R. Date Subject ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Ar- 11-05-19 ticles of Cheese Subject to an In-Quota Rate of Duty (N) STATE: Notice of Charter Renewal of the Advisory Committee on International 11-19-19 Postal and Delivery Services (IPoDS) [Public Notice 10949] (N) BIS: Proposed Information Collection; Comment Request; Licensing Responsi- bilities and Enforcement [OMB Control No.: 0694–0122] (N) 11-22-19 BIS: Proposed Information Collection; Comment Request; Application for NATO International Bidding [OMB Control No.: 0694–0128] (N) [BIS -4023P] BIS: Regulations and Procedures Technical Advisory Committee; Notice of Par- 11-25-19 tially Closed Meeting (N/H) [Dec. 10, 2019] STATE: Cultural Property Advisory Committee; Notice of Meeting [Public Notice: 11-26-19 10956] (N/H) [January 21-22, 2020] ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [Dec. 19, 11-27-19 2019] TREASURY: Agency Information Collection Activities; Submission for OMB Re- view; Comment Request; Hizballah Financial Sanctions Regulations —Report on Closure by U.S. Financial Institutions of Correspondent Accounts and Paya- ble-Through Accounts [OMB Control No.: 1505-0255] (N) 11-29-19 TREASURY: Agency Information Collection Activities; Submission for OMB Re- view; Comment Request; Imposition of Special Measure Against North Korea as a Jurisdiction of Primary Money Laundering Concern [OMB Control No.: 1506- 0071] (N)

FTC and CPSC Federal Register documents The following Federal Trade Commission (FTC) and Consumer Product Safety Commission (CPSC) documents which may be of interest to importers were published Federal Register during the past month:

F.R. Date Subject CPSC: Performance Requirements for Residential Gas Furnaces and Boilers; 11-07-19 Notice of Reopening of Comment Period [Docket No. CPSC–2019–0020] (RO) CPSC: Safety Standard for Infant Sleep Products [CPSC Docket No. 2017- 11-12-19 0020] (PR)

TTB and ATF announcements and Federal Register documents The Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Bureau of Al- cohol, Tobacco, Firearms and Explosives (ATF) posted or published the following information or regulatory actions of interest to international traders :

Date Subject ATF: Removal of Expired Regulations Concerning Commerce in Firearms and 11-08-19 Ammunition; Correction [Docket No. ATF 2019R–03; AG Order No. 4576–2019] (FR)

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8483454-v3\WASDMS Baker McKenzie FDA Federal Register documents The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders:

F.R. Date Subject Tobacco Products; Required Warnings for Cigarette Packages and Advertise- 11-12-19 ments; Additional Materials; Reopening of the Comment Period [Docket No. FDA-2019-N-3065] (PR/RO) Process to Request a Review of Food and Drug Administration's Decision Not to 11-14-19 Issue Certain Export Certificates for Devices; Guidance for Industry and Food and Drug Administration Staff; Availability [Docket No. FDA-2018-D-2310] (N) Product-Specific Guidances; Draft and Revised Draft Guidances for Industry; 11-21-19 Availability [Docket No. FDA-2007-D-0369] (N) Premarket Tobacco Product Applications and Recordkeeping Requirements; Reopening of the Comment Period [Docket No. FDA-2019-N-2854] (PR/RO) 11-26-19 Compliance Policy for Limited Modifications to Certain Marketed Tobacco Prod- ucts; Guidance for Industry; Availability [Docket No. FDA-2019-D-5324] (N)

APHIS and other USDA notices issued During the past month, the Animal and Plant Health Inspection Service (APHIS) and other US Department of Agriculture (USDA) agencies issued the following Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]:

F.R. Date Subject FSIS: Eligibility of the People’s Republic of China To Export Siluriformes Fish and Fish Products to the United States [Docket No. FSIS–2018–0030] (FR) FSIS: Eligibility of the Socialist Republic of Vietnam To Export Siluriformes Fish 11-05-19 and Fish Products to the United States [Docket No. FSIS–2018–0029] (FR) FSIS: Eligibility of Thailand To Export Siluriformes Fish and Fish Products to the United States [Docket No. FSIS–2018–0031] (FR) FSIS: Eligibility of the People’s Republic of China (PRC) to Export to the United 11-08-19 States Poultry Products from Birds Slaughtered in the PRC [Docket No. FSIS– 2016–0002] (FR) APHIS: Concurrence with OIE Risk Designations for Bovine Spongiform En- cephalopathy [Docket No. APHIS-2018-0087] (N) [Nicaragua] 11-12-19 APHIS: Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Carrots From the Republic of Korea Into the United States [Docket No. APHIS- 2019-0062] (N) APHIS: International Sanitary and Phytosanitary Standard-Setting Activities [Docket No. APHIS–2019–0064] (N/RFC) APHIS: Plants for Planting Whose Importation Is Not Authorized Pending Pest 11-25-19 Risk Analysis; Notice of Availability of Data Sheets for Taxa of Plants for Plant- ing That are Quarantine Pests or Hosts of Quarantine Pests [Docket No. APHIS–2018–0066] (N) FAS: Export Sales Reporting Program (FR/Clarification) FSIS: Publication Method for Lists of Foreign Countries Eligible to Export Meat, 11-27-19 Poultry, or Egg Products to the United States [Docket No. FSIS-2018-0027] (FR)

Government Procurement: Treatment of certain items as commercial items On November 27, 2019, the Department of Defense (DoD) published in the Federal Register a proposed rule [Docket DARS-2019-0052] that would

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amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement several sections of the National Defense Authorization Act for Fis- cal Year 2017 that address treatment of commingled items purchased by contractors and services provided by nontraditional defense contractors as commercial items. DoD is also proposing to further implement a section of the Na- tional Defense Authorization Act for Fiscal Year 2018 that provides that a contract for an item using FAR part 12 procedures shall serve as a prior commercial item determination.

Comments on the proposed rule should be submitted in writing to the address shown below on or before January 27, 2020, to be considered in the formation of a final rule.

Additional Federal Register documents The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies:

F.R. Date Subject

ENVIRONMENTAL PROTECTION AGENCY (EPA): Isotianil; Pesticide Tolerances [EPA–HQ–OPP–2018–0047; FRL–10000–79] (FR) 11-01-19 PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA): Hazard- ous Materials: Unapproved Foreign-Made DOT Cylinders [Docket No. PHMSA–2019–0130; Notice No. 2019–07] (N) HEALTH AND HUMAN SERVICES (HHS): Annual Civil Monetary Penalties Inflation 11-05-19 Adjustment (FR) EPA: Dinotefuran; Pesticide Tolerance for Emergency Exemption [EPA-HQ- 11-07-19 OPP-2019-0357; FRL-10000-96] (FR) DRUG ENFORCEMENT ADMINISTRATION (DEA): Schedules of Controlled Sub- 11-08-19 stances: Placement of Solriamfetol in Schedule IV; Correction [Docket Nop. DEA-504] (C) EPA: Propyzamide; Pesticide Tolerance for Emergency Exemptions [EPA-HQ- OPP-2019-0283; FRL-10000-50] (FR) EPA: Tebuconazole; Pesticide Tolerances [EPA-HQ-OPP-2018-0094; FRL- 11-12-19 10001-27] (FR) US FISH AND WILDLIFE SERVICE (FS): General Provisions; Revised List of Migra- tory Birds [Docket No. FWS–HQ–MB–2018–0047; FXMB 12320900000//189//FF09M29000] (PR) ENERGY: Energy Conservation Program: Test Procedure for Microwave Ovens 11-14-19 [EERE-2017-BT-TP-0024] (PR/H) US COAST GUARD (USCG): Lifejacket Approval Harmonization [Docket No. USCG-2018-0565) (N) [Canada-US harmonization] ENERGY: Energy Conservation Program: Energy Conservation Standards for Consumer Refrigerators, Refrigerator-Freezers, and Freezers [EERE–2017– 11-15-19 BT–STD–0003] (RFI) FEDERAL MARITIME COMMISSION (FMC): Licensing, Registration, Financial Re- sponsibility Requirements, and General Duties for Ocean Transportation Inter- mediaries [Docket No. 18–11] (FR) NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Advanced Driver 11-21-19 Assistance Systems Draft Research Test Procedures [Docket No. NHTSA- 2019-0102] (RFC) EPA: Clothianidin; Pesticide Tolerances [EPA–HQ–OPP–2008–0771; FRL– 10000–64] (FR) 11-25-19 EPA: Cyflumetofen; Pesticide Tolerances [EPA–HQ–OPP–2018–0636; FRL– 9996–61] (FR) DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE (DOD): 11-27-19 Defense Federal Acquisition Regulation Supplement: Treatment of Certain

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F.R. Date Subject Items as Commercial Items (DFARS Case 2019-D029) [Docket DARS-2019- 0052] (PR) NATIONAL NUCLEAR SECURITY ADMINISTRATION, ENERGY: Exports of U.S-Origin Highly Enriched Uranium for Medical Isotope Production: Sufficient or Insuffi- cient Supplies of Non-HEU-based Molybdenum-99 for United States Domestic Demand; Request for Public Comment (N/RFC)

ANTIDUMPING AND SUBSIDIES Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investi- gations, Orders & Reviews section below. The Americas - South America

MERCOSUR EU - Mercosur Free Trade Agreement The European Union (EU) and Mercosur – members include Argentina, Brazil Paraguay and Uruguay – reached on June 28th 2019 a political agreement for a free trade agreement after decades of negotiations. The EU is Mercosur’s biggest foreign investor and trade partner. Potential opportunities for several industries and agribusiness in both regions are numerous.

Thanks to its global presence with five offices in Argentina and Brazil*, and with a robust presence in 13 EU countries, Baker McKenzie has gathered an international group of experts to help clients interpret and seize the opportunities arising from the free trade agreement.

To discuss EU–Mercosur Trade Agreement progress and prepare for it, as well as understand opportunities and implications for your business, please get in touch with your usual Baker McKenzie contact or, alternatively, with one of our Mercosur experts listed below.

*In Brazil in cooperatioin with Trench Rossi Watanabe.

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8483454-v3\WASDMS Baker McKenzie ARGENTINA Key points on the EU and Mercosur Agreement EU and Mercosur: “We have a deal”

After two decades of negotiations and debates, the European Union (EU) and Mercosur (Brazil, Argentina, Paraguay and Uruguay) finally signed a new and ambitious draft Free Trade Agreement on 28 June 2019. Expectations of the political and economic ties between the two regions are high, as is the establishment of a new framework with significant opportunities for sustainable growth on both sides.

The president of the European Commission, Jean-Claude Juncker, stated this is the biggest Free Trade Agreement that the European countries have achieved so far; it will create a market that includes almost 800 million people and will benefit “companies, workers and the economy on both sides of the At- lantic, saving over EUR 4 billion worth of duties per year.”

Furthermore, the Agreement between Mercosur and the EU comprises 25% of the world GDP and represents a major step towards integration and trade lib- eralization. It is a “landmark” in global policymaking and a coup for EU and Mercosur exporting companies.

Key Facts: What the draft Agreement means for both sides

The Agreement establishes both tariff and non-tariff related benefits. For the EU, the draft Agreement aims to eliminate most of the custom duties (ca. 91%) on European exports to the Mercosur market progressively in the next 10 years. Mercosur countries will remove high duties on industrial products (automotive, textile and apparel industries) and will progressively eliminate duties on EU food and drink products. With exports to Mercosur at EUR 45 billion a year, the annual savings for European companies could reach nearly EUR 4 billion yearly.

Mercosur countries, on the other hand, will benefit from reduced duties imposed on the importation of agricultural products into the EU, including poultry meat, beef, coffee, ethanol and sugar. It is a huge victory for the agribusiness sector. The draft Agreement also provides for facilitated measures for Mer- cosur countries concerning compliance with phytosanitary requirements when entering the EU market.

More than a Free Trade Agreement

The scope of the draft Agreement goes far beyond tariffs; it upholds the highest standards of food safety and consumer protection, as well as environmental rules. Further, the draft Agreement opens up business opportunities in Mer- cosur for EU companies while determining access to public procurement contracts and greater freedom to service providers, including the IT, telecommunication and transport sectors.

Various political-related discussions are also enhanced in the draft Agree- ment, such as migration, the digital economy, research and education, corporate and social responsibility and the fight against terrorism and money laundering.

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Next steps

A legal revision of the agreed draft text has to be conducted by both sides to come up with the final version of the Free Trade Agreement. On the EU side, the Commission will translate the text it into all official EU languages and submit the Agreement to EU Member States for approval. The Agreement must then be endorsed by all the EU Member States, which, as has been demon- strated on previous occasions, is not an easy task1.

Approval at Mercosur level undergoes a similar process, starting with the translation to country-specific languages, followed by the legislative approval of each Mercosur Member State before finally being ratified by the President of each country. Particularly, compared to the EU, the Agreement does not necessarily have to be ratified by all the countries to become effective in one of the Member States: for example, it could well be the case that Brazilian importers and exporters start benefiting from the Agreement before Argenti- neans once the approval process is concluded in Brazil. ------1 In previous years, other Agreements have been thrown back in this process. In 2016, Belgium opposed and canceled the signature of the highly controversial CETA trade agreement with Canada.

Contacts: Esteban Pablo Rópolo (Buenos Aires), Marcia A. Calafate (*São Paulo), Rafael Gregorin (*São Paulo), Alessandra S. Machado Villas Boas (*São Paulo), Paul E. Amberg (Amsterdam), Juliana Dantas (Amsterdam), Sunny Mann (London), Jennifer F. Revis (London), Anahita Thoms (Dussel- dorf). *In Brazil in cooperatioin with Trench, Rossi e Watanabe Advogados SP.

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 (Of- ficial Gazette) during the period covered by this Update.

DOU Date Subject CAMEX Res. № 1 (17-10-19) - Amends Annex II of Resolution No. 125, of De- 21-10-19 cember 15, 2016, of the Foreign Chamber of Commerce CAMEX Res. № 2 (22-10-19) - Changes to zero percent the Import Tax rates levied on the Capital Goods that it mentions, as ex-tariffs. 24-10-19 CAMEX Res. № 3 (22-10-19) - Changes to zero percent the Import Tax rates levied on IT and Telecommunication Goods that it mentions, as ex-tariffs CAMEX Res. № 4 (24-10-19) - Amends the Mercosur Common Nomenclature, the Tariff Codes and the Import Tax rates that make up the Common External Tariff - TEC, as set out in Resolutions 52/18, 08/19, 30/19, 31/19, 46/19 47/19 and 48/19 of the Mercosur Common Market Group. CAMEX Res № 5 (23-10-19) - Provides for a temporary reduction in the Import 25-10-19 Tax rate pursuant to Resolution No. 08/08 of the MERCOSUR Common Market Group CAMEX Res. № 6 (23-10-19)- Grant a temporary reduction in the Import Tax rate pursuant to Resolution No. 08/08 of the MERCOSUR Common Market Group CAMEX Res. № 10 (12-11-19) Amends the Brazilian List of Exceptions to the 20-11-19 Common External Tariff of the Southern Common Market - Mercosur CAMEX Res. № 11 (19-11-19) - Grants a temporary reduction of the Import Tax 22-11-19 rate pursuant to Resolution No. 08, of June 20, 2008, of the Mercosur Common Market Group

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DOU Date Subject CAMEX Res. № 13 (19-11-19) – Amends the Common Nomenclature of Mer- cosur and the Import Tax rates that make up the Common External Tariff - TEC, as set out in Resolutions Nos 07/19 and 32/19, of the Mercosur Common Mar- ket Group. CAMEX Res. № 14 (19-11-19) - Changes to zero percent the Import Tax rates levied on the Capital Goods that it mentions, as Ex-Tariffs. CAMEX Res. № 15 (19-11-19) - Changes to zero percent the Import Tax rates levied on IT and Telecommunication Goods that it mentions, as Ex-Tariffs

Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investi- gations, Orders & Reviews section below.

CHILE National Customs postings and Diario Oficial The following documents, which may be of interest to international traders were posted to the National Customs Service (NCS) website or published in the Diario Oficial de la República de Chile (Official Gazette) or [Partial list; Un- official translation].

Date Subject NCS: Exempt Resolution No. 5169 - Modifies Annex 51-34 of the Compen- dium of Customs Regulations , replacing, in numeral 34.1 - AGREEMENTS RE- GIME ALADI - the code of the Agreement of Economic Complementation Chile - Mercosur, that indicated 535 by 500; and also, eliminating the table provided 07-11-19 in 34.2 –MERCOSUR NCS: Exempt Resolution No. 5184 - Modifies Annex 18 of the Compendium of Customs Regulations, in Instructions for filling out the Import Declarations and DIPS forms NCS: Exempt Resolution No. 5233 - Replaces numeral 6 of the first subchapter of Chapter 2, Annex 12 with its filling instructions and letter h) of numeral 12-11-19 10.1 of Chapter 3, of the Compendium of Customs Regulations, is deleted, in order to update provisions regarding the presentation of the Affidavit of Value and its Elements, as a measure of facilitation of import operations. NCS: Exempt Resolution No. 5316 - Modifies Chapter 2 of the Compendium of Customs Regulations, adding a new numeral 17, regarding the valuation of 18-11-19 lawful merchandise, in respect of which the crime of smuggling has been com- mitted, specifying the way to assess in the cases indicated NCS: Exempt Resolution No. 5394 - Modifies Chapter III and IV of the Pay- ment Manual NCS: Circular Letter No. 470 - Informs Argentine entities approved for the issu- 22-11-19 ance of digital certificates of origin (COD), within the framework of Exempt Res- olution No. 4,784 of 07.10.2019 of the National Customs Director NCS: Circular Letter No. 472 - Instructions regarding the use of the purchase and sale clauses in the preparation of customs destinations (Incoterms) Exempt Resolution No. 5416 - Modify Annex 51-15, of the Compendium of 25-11-19 Standards, relating to Storekeepers NCS: Exempt Resolution No. 5465 - Modifies Appendix XVIII of Chapter III of the Compendium of Customs Regulations, modifying numeral 1, and incorporat- 28-11-19 ing numeral 2.4 referring to “Special rules for private companies authorized as Competent Bodies.”

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8483454-v3\WASDMS Baker McKenzie Classification opinions, advance rulings and classification valuation and origin decisions The National Customs Service has recently redesigned its website. Advance Classification and Origin Resolutions (Resoluciones Anticipadas Clasificación y Origen) from 2010 to the present are available. Older classification opinions are also available.

COLOMBIA MinCIT, MinHacienda and DIAN Documents The following documents of interest to international traders were posted by the Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Hacienda) or the National Directorate of Taxes and Customs (DIAN):

Date Subject 01-11-19 Decree 1994 of 01-11-19, “whereby Decree 2291 of 2013 is partially modified”. Decree 2051 of 13-11-19 “whereby the Customs Tariff is partially modified for 14-11-19 the importation of vehicles with an engine operating exclusively with natural gas and Decree 1116 of 2017 for electric vehicles”. Decree 2052 of 13-11-19 “by which Part 3 of Book I of the Single Regulatory De- 18-11-19 cree of the Trade, Industry and Tourism Sector, Decree 1074 of 2015” is added. Decree 2074 of 18-11-19, “whereby the Customs Tariff is partially modified to 19-11-19 establish a tariff levy of zero percent (%) for the importation of supplies for household appliances“.

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.

VENEZUELA Venezuela introduces VAT exemption for payments on specific imports and services for the construction of “peace gymnasiums” The Venezuelan Government has introduced a two-year VAT exemption1 for final imports of movable tangible property made by organs of the National Public Administration (“Administration”) and the provision of certain services, for constructing “peace gymnasiums” in Venezuela.2 The exoneration will be effective from 31 July 2019 to 31 July 2021.

Exempted goods

Amongst the exempted goods are:

ITEM TARIFF CODE 26473 COMMERCIAL DESCRIPTION TARIFF DESCRIPTION White, even artificially 1. 2523.21.000.000 Cement colored cement 97 8428.10.00.00 Elevator Machinery Elevators and forklifts Articles and material for Weights, Exercise Ma- 204. 9506.91.00.00 physical culture, gym- chines nastics or athletics

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The beneficiaries must submit to the import customs office the description of the goods to be imported and the commercial invoice issued in the name of the body or agency of the Administration. If the beneficiary prefers to make the imports through a different customs office, it must notify the original customs office. Customs offices must keep a record of VAT-exempt operations, identifying: (a) the number and CIF value of the goods; (b) the import tax and exempt VAT; (c) surcharges, countervailing duties, anti-dumping rights and late payment interest.

Exempted services

The Venezuelan Government also exonerated the payment of VAT on the provision of onerous services performed or used in Venezuela, including those from abroad, contracted by the Administration, exclusively for constructing peace gymnasiums in Venezuela. The Pro-Patria 2000 Foundation must declare the need for the service and the exonerated amounts. Some services are:

ITEM SERVICES 1. Preliminary architectural design, budget calculation and metric calculation. 12. Transport of construction and finished materials by sea, land or air 23. Hiring of catering services and special events.

Evaluation of the exemption

The Minister of the People's Power for Economy and Finance and the Minister of the People's Power of the Office of the President and Monitoring of Govern- ment Management must evaluate the exoneration every two years, under the VAT Law,4 according to a weighted index. ______1 Presidential Decree No. 3.390, Official Gazette No. 41.684 of 31 July 2019 2 Projects Continuation I Stage of Urban Implementation and Construction of CDC and acquisition and installation of equipment and furniture for 50 peace gyms 3 Presidential Decree No. 2,647, establishing the Common Tariff Nomenclature of MERCOSUR's State Parties, based on the Harmonized Merchandise Description and Coding System (HS) of the Customs Cooperation Council (C.C.A.) - World Customs Organization (W.C.C.A.), Official Gazette No. 6,281 Ext. of 30 December 2016 4 VAT Law, Official Gazette No. 6.396 Ext. of 21 August 2018

Authors: Ronald Evans, José P. Barnola Jr., Óscar Moreán, Douvelin Serra. Asia-Pacific

[Please note that material pertaining to the Eurasian Economic Union (EAEU) and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the Kyrgyz Republic is shown under EUROPE.]

AUSTRALIA Customs notices and advices The following Australian Border Force Customs Notices (ACN) and Cargo advices (ACCA) were issued during the period covered by this Update:

Date Series and № Title Amendments to Schedule 4 of the Customs Tariff Act 1995 12-11-19 ACN № 2019/37 Item 1 by-law and Clarification of Origin Preference Codes

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Date Series and № Title for the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Changes to import licence requirements for equipment con- 25-11-19 ACN № 2019/40 taining hydrochlorofluorocarbon (HCFC) refrigerant 29-11-19 ACN № 2019/41 Evidentiary Requirements for Duty Drawback Claims

Australian Tariff Precedents The Australian Border Force (ABF) has published a List of Current Prece- dents, updated through 13 June 2017. Tariff Precedents are considered statements from Customs made to provide guidance on various classification issues. New information and tariff classification guides can be found on Tariff Public Advice Products webpage

Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investi- gations, Orders & Reviews section below.

CHINA Antidumping and Countervailing Duty Cases See separate Antidumping Countervailing Duty and Safeguards Investi- gations, Orders & Reviews section below.

INDIA Material in this section and the India Antidumping Countervailing Duty and Safeguards Investigations section was prepared by Sonia Gupta of Ashok Dhingra Associates, Attorneys at Law, Gurgaon (Haryana), India

Other CBIC and DGFT notifications, circulars and instructions Central Board of Indirect Taxes and Customs (CBIC) and Directorate General of Foreign Trade (DGFT) issued following notifications, circulars (Cir) and instructions during the period covered by this Update:

Date Series and № Subject

CBIC NON-TARIFF NOTIFICATIONS No CBIC Tariff Notifications CBIC TARIFF NOTIFICATIONS Amends All Industry Rates of Duty Drawback for specified 82/2019-Cus (NT) entries relating to Chapter 71 The Commissioner of Customs (Audit) to act as the Com- 83/2019-Cus (NT) missioner of Customs (Appeals), Delhi, in specified cases 15-11-19 relating to appeals filed on or before 30 September, 2019 Tariff Notification regarding fixation of Tariff Value of Edible 84/2019-Cus (NT) Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil- ver Tariff Notification regarding fixation of Tariff Value of Edible 29-11-19 86/2019-Cus (NT) Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil- ver CBIC CIRCULARS System of electronic (digital) generation of Document Identi- 05-11-19 37/2019-Cus fication Number (DIN) for all communications sent by officers to taxpayers and other concerned persons implemented

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Date Series and № Subject Amendment in Import Policy of Iron & Steel and incorporation of Policy Condition in Chapter 72, 73 and 86 of Indian 21-11-19 38/2019-Cus Trade Clarification based on Harmonized System of Cod- ing [ITC(HS)], 2017 Schedule-1 The Principal Director General/ the Director General, Direc- torate of Revenue Intelligence to appoint officers of the rank 28-11-19 39/2019-Cus of the Principal Commissioner or the Commissioner of Cus- toms as Adjudicating Authority in specified cases Auto Out of Charge under Express Cargo Clearance Sys- 40/2019-Cus tem (ECCS) implemented Clarification on procedure for clearance of import of metal 41/2019-Cus scrap 29-11-19 Clarification regarding mandatory uploading of specified supporting documents and mention of Document Code and 42/2019 -Cus Image Reference Number (IRN) in Bill of Entry (BoE) filed at the time of import DGFT NOTIFICATIONS Refund of drawback of Duty paid on inputs also allowed on 31-10-19 28/2015-2020 All Industry Rate with effect from December 5, 2017 Notifies requirement of Certificate of Inspection from Export Inspection Council (EIC) / Export Inspection Agency (EIA) 04-11-19 29/2015-2020 for export of Rice (Basmati and Non-Basmati) to European Union Countries in addition to existing policy conditions Policy Condition for Nano Category of Civil Remotely Pi- loted Aircrafts (RPAs) laid down in sync with guidelines is- 08-11-19 30/2015-2020 sued by the Directorate General of Civil Aviation of Wireless Planning & Coordination (WPC) wing of Department of Tel- ecommunication, Ministry of Communications Amends Indian Trade Clarification based on Harmonized 31/2015-2020 System of Coding [ITC(HS)], 2017 Schedule-1 in sync with the Finance (No. 2) Act, 2019 13-11-19 Provides for one-time relaxation until 20 November, 2019 32/2015-2020 for obtaining Steel Import Monitoring System (SIMS) registration DGFT PUBLIC NOTICES Refund of drawback of Duty paid on inputs also allowed on 31-10-19 40/2015-2020 All Industry Rate with effect from December 5, 2017 Revised territorial jurisdiction of Regional Authority of the 01-11-19 41/2015-2020 Directorate General of Foreign Trade (the DGFT) notified Tariff Rate Quota (TRQ) for import of 30,000 MT of Crude 08-11-19 42/2015-2020 Soya Oil from Paraguay under India-Mercosur Preferential Trade Agreement laid down 13-11-19 43/2015-2020 Enlists Kattupalli Port as designated port for import of scrap Amends list of agencies enlisted for issuing Certificate of 20-11-19 44/2015-2020 Origin (Non-Preferential) Software Technology Park (STP) to submit Service Export 26-11-19 45/2015-2020 Reporting Form (SERF) in Annexure VI for capturing services exports data for services listed in Annexure V DGFT TRADE NOTICES Notice issued for immediate corrective action by exporters before 15 December, 2019 where incorrect Permanent Ac- count No (PAN) details are provided to the Directorate Gen- 19-11-19 39/2019-2020 eral of Foreign Trade (the DGFT) or more than one Importer Exporter Code (IEC) is issued against one PAN, to avoid suspension of IEC

Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investi- gations, Orders & Reviews section below.

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Europe, Middle East and North Africa The International Trade Compliance Update is a publication of the European Union and EFTA Global International Commercial and Trade Practice Group of Baker European Commission proposes updates to the EU Dual-Use McKenzie. Articles and comments List and published its latest annual report are intended to provide our readers In approximately one month, the next round of changes to the EU Dual-Use with information on recent legal de- list will take effect. velopments and issues of signifi- cance or interest. They should not be regarded or relied upon as legal On 17 October 2019, the European Commission adopted a delegated Regula- advice or opinion. Baker McKenzie tion updating Annex I to Regulation 428/2009 (the “Dual-Use List”). The up- advises on all aspects of Interna- date is not yet in force, but is currently halfway through a two month period tional Trade law. during which the European Parliament or Council can raise any objections to the proposed changes. Once this two month period has lapsed in mid-Decem- Comments on this Update may be ber, or earlier if the Parliament and Council confirm to the Commission that sent to the Editor: they have no objections, the Regulation will be published in the Official Jour- nal and will take effect the following day. Stuart P. Seidel Washington, D.C. +1 202 452 7088 An overview of the proposed changes is provided in the comprehensive [email protected] change note summary, which can be accessed here, and the full text can be accessed here. A note on spelling, grammar and dates-- Of particular interest from these changes are the amendments to Category 5 In keeping with the global nature part 2. These amendments are aimed at making the associated control entries of Baker McKenzie, the original more user friendly. The key changes to note are as follows: spelling, grammar and date format- ting of non-USA English language material has been preserved from  There is a new decontrol note for ‘information security’ items that are specially designed for a “connected civil industry application”, covering certain net- the original source whether or not work-capable endpoint devices limited to network connected consumer or civil the material appears in quotes. industry applications other than “information security”, digital communication, general purpose networking or computing, and also covering certain network- Translations of most non-English ing equipment specially designed to communicate with such devices. Addi- language documents are unofficial tional parameters also apply governing the cryptographic functionality and the and are performed via an auto- standards implemented, which items must satisfy in order to quality for this mated program and are for infor- decontrol. mation purposes only. Depending on the language, readers with the  The defined term “described security algorithm” replaces the references to Chrome browser should be able to key length strength thresholds in the main control text. The existing strength thresholds for symmetric and asymmetric algorithms are kept in the new defi- automatically get a rough to excel- nition, along with alternative new criteria for certain quantum-resistant asym- lent English translation. metric algorithms.

Credits:  The new threshold for quantum-resistant cryptography includes algorithms where the security is based on: Unless otherwise indicated, all in-  Shortest vector or closest vector problems associated with lattices formation is taken from official inter- (e.g., NewHope, Frodo, NTRUEncrypt, Kyber, Titanium); national organization or government websites, or their newsletters or  Finding isogenies between Supersingular elliptic curves (e.g., Su- press releases. persingular Isogeny Key Encapsulation); or Source documents may be  Decoding random codes (e.g., McEliece, Niederreiter). accessed by clicking on the blue hypertext links.  The definition of cryptographic activation remains unchanged but the controls for software and technology converting or enabling controlled cryptographic This Update contains public sector infor- functionality has been rewritten using a local definition of a “cryptographic mation licensed under the Open Govern- activation token”, to make it clearer what kinds of software and technology ment Licence v3.0 of the United King- are liable to be caught by these controls. dom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011. International Trade Compliance Update | December 2019 46

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Limited substantive changes are also made to Categories 1, 2, 3, 6, 8 and 9 (although minor and editorial changes are made to other Categories).

This month the European Commission also published its latest annual report covering the implementation of the Dual-Use regime in 2018, and including aggregated export data for 2017. This notes changes to national implementing export control legislation – chiefly the measures introduced in Italy in 2017 and in Luxembourg in 2018, as well as referencing guidance on cloud exports issued by the Netherlands authority in 2018.

Other key statistics and trends from the report include:

 There were 120 breaches of export control regulations recorded in 2017, with 130 administrative penalties and 2 criminal penalties applied by national law enforcement authorities.  Around 25600 single export licenses were issued in 2017, with approximately 631 denials during the same period.  Within these licence applications, an increasing trend is observed since 2014 in licensing applications for cyber-surveillance items (including 5A001.f 5A001.j 4A005, 4D004, 4E001). In 2017, the most recent year for which aggregate figures are reported, 285 of these licenses were awarded, whilst 34 were denied. The full annual report can be accessed here.

EU-Singapore trade agreement to enter into force on 21 Novem- ber On 8 November 2019, the European Commission announced that EU Member States endorsed the trade agreement between the EU and Singapore allowing the EU’s first agreement with a Southeast Asian country to enter into force as soon as 21 November. According to the announcement:

Singapore is by far the EU's largest trading partner in the Southeast Asian region, with total bilateral trade in goods of over €53 billion and another €51 billion of trade in services. Over 10,000 EU companies are established in Singapore and use it as a hub for the whole Pacific region. Singapore is also the number one location for European investment in Asia, with investment between the EU and Singapore growing rapidly in recent years: combined bilateral investment stocks reached €344 billion in 2017. Under the trade agreement, Singapore will remove all remaining tariffs on EU products. The agreement also provides new opportunities for EU services' providers, among others in sectors such as telecommunications, environmental services, engineering, computing and maritime transport. It will also make the business environment more predictable. The agreement will also enable legal protection for 190 iconic European food and drink products, known as Geographical Indications. Singapore is already the third-largest destination for such European speciality products. Singapore also agreed to remove obstacles to trade besides tariffs in key sectors, for instance by recognising the EU's safety tests for cars and many electronic appliances or by accepting labels that EU companies use for textiles.

 MEMO: Key elements of the EU-Singapore trade and investment agreements  Texts of the trade and investment agreements  Factsheets about the EU-Singapore agreements

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The EU and Singapore have also concluded an investment protection agreement, which can enter into force after it has been ratified by all EU Member States according to their own national procedures.

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 See separate section below for amendments to the Explanatory Notes to the Combined Nomenclature of the European Union that were published in the Of- ficial 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 Commu- nity, regardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Mem- ber State which issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI- database.

Official Journal documents The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union: OJ Date Subject Commission Implementing Regulation (EU) 2019/1839 of 31 October 2019 amending Implementing Regulation (EU) 2017/1152 as regard the determination and reporting of WLTP CO2 values for certain categories of new light commercial vehicles and adjusting the input data for the correlation tool 04-11-19 Commission Implementing Regulation (EU) 2019/1840 of 31 October 2019 amending Implementing Regulation (EU) 2017/1153 as regards the reporting of WLTP CO2 values for certain categories of new passenger cars and adjusting the input data for the correlation tool Commission Implementing Regulation (EU) 2019/1844 of 22 October 2019 granting a Union authorisation for the biocidal product family ‘BPF_Iodine_VET’ Commission Delegated Directive (EU) 2019/1845 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Di- rective 2011/65/EU of the European Parliament and of the Council as regards 05-11-19 an exemption for bis(2-ethylhexyl) phthalate (DEHP) in certain rubber components used in engine systems Commission Delegated Directive (EU) 2019/1846 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Di- rective 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders used in certain combustion engines

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OJ Date Subject Regulation No 29 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle [2019/1850] Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi- cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) Commission Regulation (EU) 2019/1857 of 6 November 2019 amending Annex VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products Commission Regulation (EU) 2019/1858 of 6 November 2019 amending Annex V to Regulation (EC) No 1223/2009 of the European Parliament and of the 07-11-19 Council on cosmetic products Commission Implementing Decision (EU) 2019/1861 of 31 October 2019 amending Implementing Decision (EU) 2016/587 in order to clarify whether the scope of that Implementing Decision includes exterior LED lighting fitted to certain not off-vehicle charging hybrid electric M1 vehicles (NOVC-HEV) Council Decision (EU) 2019/1864 of 24 October 2019 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Swiss Confederation in the context of negotiations under Article XXVIII of the GATT 1994 on the modification of Switzerland’s WTO concessions with regard to seasoned meat Commission Regulation (EU) 2019/1869 of 7 November 2019 amending and correcting Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for certain undesirable substances in animal feed Commission Regulation (EU) 2019/1870 of 7 November 2019 amending and correcting Regulation (EC) No 1881/2006 as regards maximum levels of erucic 08-11-19 acid and hydrocyanic acid in certain foodstuffs Commission Regulation (EU) 2019/1871 of 7 November 2019 on reference points for action for non-allowed pharmacologically active substances present in food of animal origin and repealing Decision 2005/34/EC Commission Implementing Regulation (EU) 2019/1872 of 7 November 2019 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Ja- pan in the list of third countries, territories, zones or compartments from which certain poultry commodities may be imported into or transit through the Union Commission Implementing Regulation (EU) 2019/1873 of 7 November 2019 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germi- nal products, animal by-products and composite products Commission Implementing Regulation (EU) 2019/1881 of 8 November 2019 amending Regulation (EU) No 37/2010 to classify the substance diflubenzuron 11-11-19 as regards its maximum residue limit (Text with EEA relevance) Commission Recommendation (EU) 2019/1888 of 7 November 2019 on the monitoring of the presence of acrylamide in certain foods Commission Regulation (EU) 2019/1892 of 31 October 2019 amending Reg- ulation (EU) No 1230/2012 as regards type-approval requirements for certain motor vehicles fitted with elongated cabs and for aerodynamic devices and equipment for motor vehicles and their trailers ( 1 ) Commission Implementing Decision (EU) 2019/1895 of 7 November 2019 recognising several islands in Portugal as free from varroosis and amend- 12-11-19 ing the Annex to Implementing Decision 2013/503/EU (notified under document C(2019) 7905) Agreement on the withdrawal of the United Kingdom of Great Britain and North- ern Ireland from the European Union and the European Atomic Energy Commu- nity [2019/C I/01] Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom [2019/C I/02]

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OJ Date Subject Commission Implementing Decision (EU) 2019/1900 of 12 November 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal 13-11-19 health control measures relating to African swine fever in certain Member States (notified under document C(2019) 8161) Notice concerning the date of entry into force of the Free Trade Agreement between the European Union and the Republic of Singapore Commission Regulation (EU) 2019/1901 of 7 November 2019 amending Regu- lation (EC) No 1881/2006 as regards maximum levels of citrinin in food supple- ments based on rice fermented with red yeast Monascus purpureus Council Decision (EU) 2019/1908 of 8 November 2019 on the position to be taken, on behalf of the European Union, in the Council for Trade in Goods of the World Trade Organization as regards the rules of procedure of the Committee on Trade Facilitation 14-11-19 Council Decision (EU) 2019/1875 of 8 November 2019 on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singa- pore  Free trade Agreement between the European Union and the Republic of Singapore Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regu- lations (EU) No 1052/2013 and (EU) 2016/1624 Commission Notice Guidance document on the export, re-export, import and in- tra-Union trade of rhinoceros horns [2019/C 386/04] Council Decision (EU) 2019/1911 of 8 November 2019 on the position to be taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 16, 17, 21, 29, 43, 44, 48, 53, 55, 58, 67, 74, 80, 83, 85, 86, 98, 107, 112, 113, 115, 116, 123, 129, 135, 148, 149 and 150, as regards the proposal for modifications to Global Technical Regulation (GTR) No 2, as regards the proposal for amendments to Mutual Resolution MR.1, as regards the proposals for amendments to Consolidated Resolutions R.E.3 and R.E.5, and as regards the proposals for authorisations to develop an amendment to GTR No 6 and to develop a new GTR on the Determination of Electri- 15-11-19 fied Vehicle Power Decision No 1/2019 of the EU-Georgia Association Committee in Trade Config- uration of 18 October 2019 updating Annex III-A to the Association Agreement [2019/1913] Decision No 2/2019 of the EU-Georgia Association Committee in Trade Config- uration of 18 October 2019 updating Annex XVI to the Association Agreement [2019/1914] Corrigendum to Commission Implementing Regulation (EU) 2019/1776 of 9 Oc- tober 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (Official Journal of the European Union L 280 of 31 October 2019) Commission Implementing Regulation (EU) 2019/1916 of 15 November 2019 18-11-19 laying down detailed provisions as regards the use of rear aerodynamic devices pursuant to Council Directive 96/53/EC Commission Implementing Regulation (EU) 2019/1921 of 18 November 2019 correcting the Danish language version of Implementing Regulation (EU) No 873/2011 concerning the classification of certain goods in the Combined No- menclature Commission Directive (EU) 2019/1922 of 18 November 2019 amending, for the purposes of adaptation to technical and scientific developments, point 13 of part 19-11-19 III of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards aluminium ( 1 ) Corrigendum to Commission Regulation (EC) No 2019/1870 of 7 November 2019 amending and correcting Regulation (EC) No 1881/2006 as regards maximum levels of erucic acid and hydrocyanic acid in certain foodstuffs ( OJ L 289, 8.11.2019 ) Commission Implementing Regulation (EU) 2019/1927 of 19 November 2019 on 20-11-19 the derogations from the ‘originating products’ rules laid down in the Free Trade

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OJ Date Subject Agreement between the European Union and the Republic of Singapore that apply within the limits of annual quotas for certain products from Singapore Commission Directive (EU) 2019/1929 of 19 November 2019 amending Appen- dix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council for the purpose of adopting specific limit values for chemicals used in certain toys, as regards formaldehyde Commission Implementing Decision (EU) 2019/1931 of 19 November 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 8424) ( 1 ) Council Decision (EU) 2019/1932 of 18 November 2019 on the position to be taken, on behalf of the European Union, within the ACP-EU Committee of Am- 21-11-19 bassadors as regards the adoption of a decision to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement Council Decision (EU) 2019/1934 of 18 March 2019 on the signing, on behalf of the European Union and its Member States, of the Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the 22-11-19 European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the European Union Commission Regulation (EU) 2019/1939 of 7 November 2019 amending Regu- lation (EU) No 582/2011 as regards Auxiliary Emission Strategies (AES), access to vehicle OBD information and vehicle repair and maintenance information, measurement of emissions during cold engine start periods and use of portable emissions measurement systems (PEMS) to measure particle numbers, with respect to heavy duty vehicles Council Decision (EU) 2019/1941 of 18 November 2019 establishing the posi- 25-11-19 tion to be taken, on behalf of the European Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, in connection with the adoption of the list of arbitrators Commission Implementing Decision (EU) 2019/1942 of 22 November 2019 not approving carbendazim as an existing active substance for use in biocidal products of product-type 9 Commission Implementing Regulation (EU) 2019/1947 of 22 November 2019 concerning the authorisation of cassia gum as a feed additive for cats and dogs Commission Implementing Decision (EU) 2019/1950 of 25 November 2019 postponing the expiry date of approval of K-HDO for use in biocidal products of product-type 8 Commission Implementing Decision (EU) 2019/1951 of 25 November 2019 postponing the expiry date of approval of tebuconazole for use in biocidal prod- 26-11-19 ucts of product-type 8 Commission Implementing Decision (EU) 2019/1952 of 25 November 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (notified under document C(2019) 8592) Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 ( OJ L 150, 14.6.2018) Council Decision (EU) 2019/1954 of 18 November 2019 establishing the position to be adopted, on behalf of the European Union, in the EPA Committee set up by the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, in connection with the adoption of the 27-11-19 rules of procedure for mediation, the rules of procedure for arbitration and the code of conduct for arbitrators Council Decision (EU) 2019/1955 of 21 November 2019 on the position to be taken on behalf of the European Union within the General Council of the World Trade Organization as regards the adoption of a decision on the review of the

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OJ Date Subject Understanding on Tariff Rate Quota Administration Provisions of Agricultural Products (‘TRQ Understanding’) Commission Implementing Decision (EU) 2019/1956 of 26 November 2019 on the harmonised standards for electrical equipment designed for use within certain voltage limits and drafted in support of Directive 2014/35/EU of the Euro- pean Parliament and of the Council Commission Implementing Decision (EU) 2019/1958 of 25 November 2019 on a derogation from mutual recognition of an authorisation for a biocidal product containing hydrogen cyanide by Poland in accordance with Article 37 of Regula- tion (EU) No 528/2012 of the European Parliament and of the Council (notified under document C(2019) 8346) Commission Implementing Decision (EU) 2019/1959 of 26 November 2019 not approving silver sodium hydrogen zirconium phosphate as an existing active substance for use in biocidal products of product-types 2 and 7 ( 1 ) Commission Implementing Decision (EU) 2019/1960 of 26 November 2019 not approving silver zeolite as an existing active substance for use in biocidal products of product-types 2 and 7 ( 1 ) Commission Implementing Regulation (EU) 2019/1964 of 26 November 2019 concerning the authorisation of L-lysine base, liquid, L-lysine monohydrochloride, liquid, L-lysine monohydrochloride, technically pure, and L-lysine sulphate as feed additives for all animal species Commission Implementing Regulation (EU) 2019/1965 of 26 November 2019 concerning the authorisation of sodium molybdate dihydrate as feed additive for sheep Commission Regulation (EU) 2019/1966 of 27 November 2019 amending and correcting Annexes II, III and V to Regulation (EC) No 1223/2009 of the Euro- pean Parliament and of the Council on cosmetic products 28-11-19 Commission Implementing Decision (EU) 2019/1969 of 26 November 2019 postponing the expiry date of approval of IPBC for use in biocidal products of product-type 8 Commission Implementing Decision (EU) 2019/1972 of 26 November 2019 amending Implementing Decision 2013/764/EU concerning animal health control measures relating to classical swine fever in certain Member States (notified under document C(2019) 8396) Commission Implementing Decision (EU) 2019/1973 of 27 November 2019 not approving silver copper zeolite as an existing active substance for use in biocidal products of product-types 2 and 7 Commission Implementing Regulation (EU) 2019/1976 of 25 November 2019 authorising the placing on the market of Phenylcapsaicin as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 Commission Implementing Regulation (EU) 2019/1977 of 26 November 2019 concerning the authorisation of phenylmethanethiol, benzyl methyl sulfide, sec- pentylthiophene, tridec-2-enal, 12-methyltridecanal, 2,5-dimethylphenol, hexa- 2(trans),4(trans)-dienal and 2-ethyl-4-hydroxy-5-methyl-3(2H)-furanone as feed additives for cats and dogs Commission implementing Regulation (EU) 2019/1979 of 26 November 2019 authorising the placing on the market of 2'-Fucosyllactose/Difucosyllactose mix- ture as a novel food under Regulation (EU) 2015/2283 of the European Parlia- 29-11-19 ment and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 Commission Implementing Regulation (EU) 2019/1981 of 28 November 2019 amending Implementing Regulation (EU) 2019/626 as regards lists of third countries and regions thereof authorised for the entry into the European Union of snails, gelatine and collagen, and insects intended for human consumption Commission Implementing Decision (EU) 2019/1992 of 27 November 2019 amending Implementing Decision (EU) 2016/2008 concerning animal health control measures relating to lumpy skin disease in certain Member States by prolonging its period of application (notified under document C(2019) 8571) Commission Implementing Decision (EU) 2019/1994 of 28 November 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal

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OJ Date Subject health control measures relating to African swine fever in certain Member States (notified under document C(2019) 8745) Commission Regulation (EU) 2019/1933 of 6 November 2019 establishing the ‘Prodcom list’ of industrial products referred to in Council Regulation (EEC) No 3924/91

Restrictive measures established, amended, corrected During the past month, the following restrictive measures were established, amended or corrected:

OJ Date Restrictive Measure Commission Implementing Regulation (EU) 2019/1853 of 5 November 2019 06-11-19 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq Commission Implementing Regulation (EU) 2019/1883 of 8 November 2019 amending for the 307th time Council Regulation (EC) No 881/2002 imposing cer- 11-11-19 tain specific restrictive measures against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations Council Regulation (EU) 2019/1889 of 11 November 2019 amending Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Vene- zuela Council Regulation (EU) 2019/1890 of 11 November 2019 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Medi- terranean Council Implementing Regulation (EU) 2019/1891 of 11 November 2019 imple- 12-11-19 menting Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela Council Decision (CFSP) 2019/1893 of 11 November 2019 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela Council Decision (CFSP) 2019/1894 of 11 November 2019 concerning restrictive measures in view of Turkey's unauthorised drilling activities in the Eastern Medi- terranean Corrigendum to Council Decision 2011/299/CFSP of 23 May 2011 amending De- cision 2010/413/CFSP concerning restrictive measures against Iran ( OJ L 136, 24.5.2011 ) 18-11-19 Corrigendum to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 ( OJ L 088, 24.3.2012 ) Council Implementing Regulation (EU) 2019/1943 of 25 November 2019 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures di- rected against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, enti- 25-11-19 ties or bodies associated with them Council Decision (CFSP) 2019/1944 of 25 November 2019 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al- Qaeda and persons, groups, undertakings and entities associated with them

Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investi- gations, Orders & Reviews section below.

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8483454-v3\WASDMS Baker McKenzie Individual Countries FRANCE Notices to importers The following notices were posted by Directorate General of Customs and In- direct Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices - Import-export related measures, below) :

Release Ref. No. and Subject Date 2019/76 - Notice to Importers of certain polyvinyl alcohols originating in China 07-11-19 2019/77 – Notice to importers of certain citrus fruits prepared or preserved originating in China 2019/78 – Notice to traders on the entry into force of the EU-Singapore trade 20-11-19 agreement 28-11-19 2019/79 - Notice to importers of steel from China 2019/80 – Notice to importers of threaded, molded, malleable cast iron and sphe- 29-11-19 roidal graphite cast iron fittings originating in China and Mfd. by Jinan Meide Cast- ings Co.Ltd.

SWITZERLAND Federal Council gives green light to exceptions to North Korea sanctions On 6 November, the Federal Council announced that it made selective adjustments to sanctions against the Democratic People’s Republic of Korea. This means that the exceptions to the export ban agreed by the United Nations Se- curity Council Sanctions Committee can now be implemented. The amendment will come into force on 1 December 2019.

The Ordinance on Measures against the Democratic People’s Republic of Korea prohibits the sale, delivery, export, transit and transport of all goods under customs tariff numbers 72 to 89, including some medical and orthopaedic equipment. In accordance with the corresponding Security Council resolutions, the Ordinance has until now only provided for a possible exemption for ships. The amendment to the Ordinance means that the delivery of humanitarian aid and other goods for which an exception has been granted by the UN Security Council sanctions committee can in future also be authorised under Swiss law. This will increase legal certainty for those involved. Nothing will change for exporters of such goods. SECO will still have to be notified in advance of all exports. In addition, all shipments to North Korea will continue to be physically inspected.

Contact: Philippe Reich

Recueil officiel

Date Measure Ordinance of the DFI regulating the import, transit and export of animals and an- 01-11-19 imal products with third countries (OITE-PT-DFI) (RS 916.442.106) DFI Ordinance on Maximum Levels for Residues of Pharmacologically Active Substances and Feed Additives in Foods of Animal Origin (ORésDAlan) (RS 05-11-19 817.022.13) Ordinance of the DFI on the safety of toys (Ordinance on toys, OSJo) (RS 817.023.11)

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Date Measure Ordinances of the DFI on materials and articles intended to come into contact with foodstuffs (Ordinance on Materials and Articles) (RS 817.023.21) Ordinance of the DFI on articles intended to come into contact with the mucous membranes, the skin or the hair and capillary system, and on candles, matches, lighters and joke articles (Ordinance on articles intended to come into contact with contact with the human body, OCCH) (RS 817.023.41) Ordinance of the DFI on Aerosol Generators (RS 817.023.61) FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) Ordinance on the Energy Efficiency Requirements of Serially Manufactured Fa- 12-11-19 cilities, Vehicles and Appliances (OEEE Ordinance on Energy Efficiency Re- quirements) (RS 730.02) FSVO Ordinance on the Importation of Food Originating in or Coming from Ja- pan (RS 817.026.2) 13-11-19 Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) Ordinance of the DFI regulating the import, transit and export of animals and an- 14-11-19 imal products with third countries (OITE-PT-DFI) (RS 916.443.106) Ordinance of the DFI on the control of the circulation of protected fauna and flora species (Ordinance on CITES controls) (RS 453.1) DETEC Ordinance on Energy Efficiency Data for New Passenger Cars (OEE- VT) (RS 730.022.2) Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural 15-11-19 Imports, OIAgr) (RS 916.01) Decision № 1/2017 of the EFTA-Turkey Joint Committee amending Protocol B concerning the definition of the concept of “originating products” and methods of administrative cooperation of the Agreement of 10 December 1991 between the EFTA countries and Turkey (RS 0.632.317.631) Ordinance of the DFI regulating the import, transit and export of animals and animal products with third countries (OITE-PT-DFI) (RS 916.443.106) 19-11-19 FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) Ordinance of the FDF on goods benefiting from customs relief according to their use (Ordinance on Customs relief, OADou) (RS 631.012) Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural 26-11-19 Imports, OIAgr) (RS 916.01) FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) FSVO Order instituting measures against the spread of African swine fever 29-11-19 through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107)

Restrictive measures established, amended, corrected The following restrictive measures were established, amended or corrected and published during the period covered by this Update. *The date shown may be the signature date, release date or publication date, depending on local practice.

Date* Restrictive Measure Amendment to the Ordinance instituting measures against Syria (RS 05-11-19 946.231.172.7) [Entry into force: 15-11-19] Amendment to Ordinance of 2 October 2000 on Measures against Persons and 06-11-19 Organizations Related to Usama bin Laden, the Al Qaïda Group or the Taliban (RS 946.203) [Entry into force: 05-11-19]

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Date* Restrictive Measure Amendment to the Ordinance instituting measures against Burundi (RS 08-11-19 946.231.121.8) [Entry into force 08-11-19] Order instituting measures against the Democratic People's Republic of Korea 12-11-19 (RS 946.231.127.6) [Entry into force: 01-12-19] Amendment to the Ordinance of 28 March 2018 on Measures against Venezuela 21-11-19 (SR 946.231.178.5) [Entry into force: 22-11-19] Amendment to the Ordinance of 11 November 2015 instituting measures against 29-11-19 the Islamic Republic of Iran (RS 946.231.143.6) [Entry into force: 03-12-19]

UNITED KINGDOM Sanctions clauses and US extraterritorial sanctions under review at the English High Court – what can be learned from the Aegis and Lamesa cases? In two judgments in the last year, the English High Court has examined sanctions clauses in detail. Each case involved a refusal by parties to pay under an agreement, citing risks under US extraterritorial (“secondary”) sanctions. The Court’s judgments in these cases raise a number of issues for the drafting of sanctions clauses, and highlight the need to consider carefully the scope of the contract and the impacts that US sanctions may have upon its performance.

See the rest of the article here.

Authors: Ross Denton and Andrew Rose.

Legislation (legislation.gov.uk)

Date Measure SI 2019/1257 - Correction Slip 1 - These Regulations amend the Plant Health (Export Certification) (England) Order 2004 (S.I. 2004/1404) (the “2004 Regula- 12-11-19 tions”) and the Plant Health etc. (Fees) (England) Regulations 2018 (S.I. 2018/28 SI 2019/1236 - Correction Slip 1 - This Order amends various existing subordi- nate legislation making provision in connection with trade restrictions. SI 2019/812 - Correction Slip 2 - These Regulations correct The Common Agri- 20-11-19 cultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 SI 2019/1476 - The Official Feed and Food Controls (England) (Miscellaneous 26-11-19 Amendments) Regulations 2019 SSI 2019/407 - The Official Feed and Food Controls (Miscellaneous Amend- ments) (Scotland) Regulations 2019 28-11-19 SI 2019/1482 - The Official Feed and Food Controls (Wales) (Miscellaneous Amendments) Regulations 2019 / Rheoliadau Rheolaethau Swyddogol ar Fwyd Anifeiliaid a Bwyd (Cymru) (Diwygiadau Amrywiol) 2019

Date* Restrictive Measure SI 2019/1446 - The Terrorism Act 2000 (Proscribed Organisations) (Amend- 01-11-19 ment) (No. 2) Order 2019

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HMRC updates The following Public Notices, Customs Information Papers (CIPs) were issued by HM Revenue & Customs:

Release Ref. No. and Subject Date Customs Information Papers 22-11-19 Preferential trade deal between the EU and The Republic of Singapore (CIP16) Tariff, Anti-Dumping and Other Notices Changes to your customs authorisations in a no-deal Brexit 04-11-19 Notice 760: Customs Freight Simplified Procedures (CFSP) UK Trade Tariff: excise duties, reliefs, drawbacks and allowances Claim tariff quotas under transitional simplified procedures 05-11-19 Notice 375: Tariff quotas Telepresence robot (Tariff notice 38) Reusable water bottle (Tariff notice 39) 08-11-19 Clarifying the product under investigation for dumping polyvinyl alcohols from the People’s Republic of China (Anti-Dumping Duty 2369) Notice 760: Customs Freight Simplified Procedures (CFSP) 11-11-19 Documents and other reference codes for data element 2/3 of CDS Changes to commodity codes in chapters 29, 38 and 39 (Tariff stop press notice 18-11-19 41) 19-11-19 Overseas customs and tax administrations: help from HMRC experts List of customs agents and fast parcel operators International Exchange of Information Manual 22-11-19 Civil evasion penalties for Customs, Excise and VAT CEP7500 - Civil evasion penalties for Customs, Excise and VAT: the investigation process IMPS04400 - Value for import VAT: normal rules: methods of calculating import 25-11-19 VAT 26-11-19 Toy building blocks (Tariff notice 40) Electronic Binding Tariff Information: service availability and issues 27-11-19 SPE14210 - Specific rules relating to Outward Processing: risk - exporting or importing gold and jewellery Customs special procedures for the Union Customs Code (Notice 3001) 28-11-19 Meat and fish products (Tariff stop press notice 42) 29-11-19 Imports

OTHER EU-EFTA COUNTRIES Import-export related measures The following import, export or antibribery measures were published in the on- line editions of the official gazettes of the countries shown during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.

Date* Measure

ICELAND № 955/2019 (31-10-19) Regulation on (2) an amendment to Regulation no. 147/2016 on the imposition of special conditions for imports of feed and food 04-11-19 originating in or consigned from Japan following the accident at the Fukushima nuclear power plant. № 978/2019 (07-11-19) Regulation on the allocation of tariff quotas for imports 08-11-19 of agricultural products from the EU Member States.

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Date* Measure № 983/2019 (06-11-19) Regulation amending Regulation no. 944/2014, on the 11-11-19 safety of toys and their marketing in the European Economic Area. № 992/2019 (07-11-19) Regulation on (4) an amendment to Regulation no. 13-11-19 674/2017 on health rules as regards animal by-products and derived products not intended for human consumption № 1004/2019 (05-11-19) Regulation on (10) amendment to Regulation no. 415/2014 on the classification, labeling and packaging of substances and preparations № 1006/2019 (05-11-19) Regulation on (16) an amendment to Regulation no. 20-11-19 577/2013 on cosmetics № 1007/2019 (05-11-19) Regulation on (18) an amendment to Regulation no. 878/2014 on biocidal products № 1008/2019 (05-11-19) Regulation on (16) an amendment to Regulation no. 544/2015 on Plant Protection Products. № 1016/2019 (19-11-19) Regulation on the entry into force of EU regulations on 25-11-19 pharmaceuticals (XVI) № 1044/2019 (14-11-19) Regulation on (35) an amendment to Regulation no. 672/2008 on the maximum levels of pesticide residues in food and feed. № 1045/2019 (14-11-19)Regulation on (23) an amendment to Regulation no. 978/2011 on the entry into force of Regulation (EC) No 1408/2008 of the Euro- pean Parliament and of the Council 1333/2008 on food additives. № 1046/2019 (14-11-19) Regulation on (12) an amendment to Regulation no. 187/2015 on flavoring and certain food ingredients that have flavoring properties for use in and on foods 28-11-19 № 1047/2019 (14-11-19) Regulation on (16) an amendment to Regulation no. 167/2015 on pharmacologically active substances and their classification as regards maximum residue levels in food of animal origin № 1048/2019 (14-11-19) Regulation on (7) an amendment to Regulation no. 327/2010 on the entry into force of European Union Regulation no. 1925/2006 on the addition of vitamins and minerals and certain other substances in food № 1050/2019 (14-11-19) Regulation on the entry into force of Commission Reg- ulation (EU) 2019/651 on the refusal of a health claim for food and refers to the development and health of children № 1061/2019 (13-11-19) Notice on branding of goods and services for trademarks. № 1067/2019 (14-11-19) Regulation on (8) an amendment to Regulation 29-11-19 no. 630/2014 on restrictions on the use of certain hazardous substances in electrical and electronic equipment № 1071/2019 (29-11-19) Regulation on (5) an amendment to Regulation no. 609/1996 on the handling of packaging and packaging waste IRELAND (EIRE) S.I. No. 533/2019 - European Communities (Kimberley Process) (Trade in 01-11-19 Rough Diamonds) Regulations 2019 LIECHTENSTEIN LGBI № 2019.267 Announcement of 5 November 2019 of the Swiss legislation 08-11-19 applicable pursuant to the customs agreement in the Principality of Liechtenstein (Annexes I and II) (LR № 170.551.631) LGBI № 2019.284 Statute of the Universal Postal Union (LR № 0.783.51) LGBI № 2019.285 General Rules of Procedure of the Universal Postal Union (LR № 0.783.511) LGBI № 2019.286 General Rules of Procedure of the Universal Postal Union (LR № 0.783.511) 22-11-19 LGBI № 2019.287 General Rules of Procedure of the Universal Postal Union (LR № 0.783.511) LGBI № 2019.288 Universal Postal Union (LR № 0.783.52) LGBI № 2019.289 Universal Postal Union (LR № 0.783.52) LGBI № 2019.290 Universal Postal Union (LR № 0.783.52) LGBI № 2019.291 Universal Postal Union (LR № 0.783.52) NORWAY

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Date* Measure FOR-2019-10-31-1446 Ministry of Health and Care Services Regulations on 01-11-19 amendments to regulations on the addition of vitamins, minerals and certain other substances to foods FOR-2019-10-31-1454 Ministry of Health and Care Services, Ministry of Trade and Industry, Ministry of Agriculture and Food 04-11-19 Regulation amending the Regulation on special import conditions for feed and foodstuffs originating in or exported from Japan FOR-2019-11-06-1470 Ministry of Agriculture and Food, Ministry of Trade and 07-11-19 Industry, Ministry of Health and Care Services Regulations amending the regulations on additives for use in animal feed FOR-2019-11-07-1483 Ministry of Health and Care Services, Ministry of Trade 11-11-19 and Industry, Ministry of Agriculture and Food Regulations on amendments to regulations on additives for use in animal feed FOR-2019-11-15-1516 Ministry of Agriculture and Food Regulations amending 18-11-19 Regulations on import and transit of poultry and certain poultry products from third countries FOR-2019-11-15-1522 Ministry of Children and Family Affairs Repeal of decision on delegation of authority to the Ministry of Children and Family Affairs in 19-11-19 accordance with the Act on the Finality and Stamping of Gold, Silver and Plati- num Products and the Act on the handling of consumer disputes FOR-2019-11-15-1522 Ministry of Children and Family Affairs Repeal of decision on delegation of authority to the Ministry of Children and Family Affairs in 20-11-19 accordance with the Act on the Finality and Stamping of Gold, Silver and Plati- num Products and the Act on the handling of consumer disputes FOR-2019-11-22-1550 Ministry of Finance Regulations on amendments to regu- 22-11-19 lations on anti-money laundering and terrorist financing measures (some exceptions in the lottery field) POLAND № 2165 - Regulation of the Minister of Health of October 24, 2019 amending the 08-11-19 regulation on narcotic drugs, psychotropic substances, category 1 precursors and preparations containing these substances or substances № 2174 Ordinance of the Minister of Finance, Investment and Development of November 4, 2019 amending the ordinance on the place of rendering services 08-11-19 and refunding the amount of input tax to the entity purchasing (importing) goods or services № 2178 Announcement of the Speaker of the Sejm of the Republic of Poland of 12-11-19 October 18, 2019 regarding the publication of a uniform text of the Act on the commercial quality of agri-food products № 2182 Announcement of the Speaker of the Sejm of the Republic of Poland of October 18, 2019 regarding the publication of a uniform text of the Act on health protection against the consequences of using tobacco and tobacco products № 2322 Announcement of the Prime Minister of 24 October 2019 on the announcement of a uniform text of the Regulation of the Council of Ministers on the Tarnobrzeg special economic zone № 2332 Regulation of the Minister of State Assets of November 27, 2019 re- 28-11-19 garding a detailed list of liquid fuels whose production, storage or transhipment, transmission or distribution, trade, including trade with foreign countries, requires a license and whose import requires an entry in the register of importing entities

Restrictive measures established, amended, corrected The following restrictive measures (grouped by country) were established, amended or corrected and published in the national official journals or agency websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.

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Date* Restrictive Measure

IRELAND (EIRE) S.I. No. 538/2019 European Union (Restrictive Measures Against the Prolifera- 08-11-19 tion and Use of Chemical Weapons) Regulations 2019 S.I. No. 574/2019 - European Union (Restrictive Measures concerning ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them) (No.2) Regulations 2019 S.I. No. 575/2019 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42) 22-11-19 (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da’esh) and Al-Qaida Organisations) (No.5) Regulations 2019 S.I. No. 578/2019 - European Union (Money Laundering and Terrorist Financing) Regulations 2019 LIECHTENSTEIN LGBI № 2019.263 Order of 5 November 2019 amending the Regulation on measures against Burundi (LR № 946.224.5) 08-11-19 LGBI № 2019.264 Ordinance of 5 November 2019 on measures against Nicara- gua (LR № 946.224.8) LGBI № 2019.283 Order of 19 November 2019 amending the Regulation on 22-11-19 measures against Venezuela (LR № 946.224.7) LGBI № 2019.296 Order of 26 November 2019 amending the Regulation on 29-11-19 measures against the Democratic People's Republic of Korea (LR № 946.223.1)

Non EU-EFTA European Countries TURKEY Ministry of Trade announces new Customs Guidelines On November 16, 2019, the Ministry of Trade (“Ministry”) announced the launch of the Customs Guidelines (“Guidelines”). The Guidelines aim to provide guidance and inform individuals and companies of customs procedures.

What’s New?

The Guidelines are for individuals to carry out customs procedures. ”Individual transactions” and “commercial transactions”. The “individual transactions” section provides basic information on customs procedures and customs exemptions for goods such as vehicles imported without returns; temporarily imported vehicles; goods delivered through mail or fast cargo; special vehicles for disabled persons; household goods; and cash and jewelry. The “commercial transactions” section provides information on the customs rules; customs operations; taxation of commodities; and temporary storage of goods.Conclu- sion

The Ministry of Trade continues to take active steps to increase the efficiency and ease of customs operations. The Ministry’s Guidelines contain simple and comprehensive instructions.

For additional information contact: İlay Yılmaz, Can Sözer or Aybüke Gündel Solak

Legislation (laws, resolutions, orders, etc.) The following documents were published in the on-line T.C. Resmî Gazete.

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Date Subject Communiqué Amending the General Communiqué on Customs (Customs 06-11-19 Transactions) (Serial No: 102) (Customs Transactions) (Serial No: 161) 07-11-19 7190 Amendments to the Customs Law and Certain Laws Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/30) Communiqué on the Announcement of the Amendment to the Regulation on 08-11-19 the Determination of the Institutions to Prepare Technical Legislation on In- creasing the Export of Turkish Products (Product Safety and Inspection: 2019/29) 09-11-19 Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/32) Addendum to the Council of Ministers Decision No 30/9/2013 of 2013/5428 on the freezing of persons, entities or organizations listed by Decisions 1267 (1999), 1988 (2011) and 1989 (2011) of the United Nations Security Council (1) 11-11-19 (Amendment to the list numbered) (Number of decisions: 1769) Decree Amending the Decision on the Provision of Stamped Passports for Ex- porters (Number of Decisions: 1770) 16-11-19 Communiqué on the Prevention of Unfair Competition in Imports (No: 2019/31) 21-11-19 Communiqué on Implementation of Surveillance in Imports (No: 2019/8) Communiqué on Management of Quota and Tariff Quota in Imports (No: 2019/7) 22-11-19 Communiqué on Implementation of Surveillance in Imports (No: 2019/9) Communiqué Amending the Communiqué on the Implementation of Surveil- lance in Imports (Communiqué No: 2018/4) Communiqué on the Amendment of the Inward Processing Regime Communi- 28-11-19 qué (Export: 2006/12) (Export: 2019/8)

UKRAINE Legislation (laws, resolutions, orders, etc.) The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presidential Decrees (Указ Президента), Decrees of the Cabinet of Ministers (Розпорядження Кабінету Міністрів України), Regulations (Положення), Agency Orders (Наказ) and other pieces of legislation were posted on the Parliamentary (Верховної Ради) website during the period of coverage of this Update:

Date Subject On Adoption of the Draft Law of Ukraine on Prevention and Counteraction of Legalization (Laundering) of Proceeds from Crime, Financing Terrorism and Fi- 01-11-19 nancing the Proliferation of Weapons of Mass Destruction Resolution of the Verkhovna Rada of Ukraine No. 268-IX of 01.11.2019 On holding a parliamentary hearing on “Building an effective intellectual prop- 12-11-19 erty protection system in Ukraine” Resolution of the Verkhovna Rada of Ukraine No. 287-IX of 12.11.2019 On adoption as a basis of the draft Law of Ukraine on restriction of circulation 12-11-19 of plastic bags in the territory of Ukraine Resolution of the Verkhovna Rada of Ukraine of 12.11.2019 number 290-IX On the adoption of the Draft Law of Ukraine on Amendments to Section XX “Transitional Provisions” of the Tax Code of Ukraine on creation of conditions for ensuring fulfillment of Ukraine's obligations for separation of natural gas transportation activities under the Protocol on Ukraine's accession to the En- 14-11-19 ergy Community Treaty, and Having regard to the relevant provisions of the As- sociation Agreement between Ukraine, of the one part, and the European Un- ion, the European Atomic Energy Community and their Member States, on the other hand Resolution of the Verkhovna Rada of Ukraine of 14.11.2019 № 299- IX On adoption as a basis of the draft Law of Ukraine on amendments to the Law 15-11-19 of Ukraine “On state regulation of production and circulation of alcohol of ethyl,

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Date Subject cognac and fruit, alcoholic beverages, tobacco and fuel” concerning liberaliza- tion of activity in the field of production and circulation of ethyl alcohol Resolution of the Verkhovna Rada of Ukraine No. 303-IX of November 15 , 2019 On the settlement of certain issues of financing the costs related to the protection of the rights and interests of Ukraine in the settlement of disputes under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, with the other party Resolution of the Cabinet of Ministers of Ukraine; Order, Model Document Form, Report, Statement dated 15.11.2019 No. 944 Approval of the List and volumes (value / weight / quantity) restricted or prohibited from moving through the line of demarcation and to / from humanitarian and logistic centers of goods, as well as goods that can be attributed to per- 18-11-19 sonal effects Ministry of Mining, occupation of territories ; Order, List dated No- vember 18, 2019 No. 92 Registered: Ministry of Justice of Ukraine on 11/26/2019 № 1181/34152 On amendments to the Procedure of entry of persons, movement of goods to temporarily occupied territories in Donetsk and Luhansk regions and departure 20-11-19 of persons, transfer of goods from such territories Resolution of the Cabinet of Ministers of Ukraine # 953 of 20.11.2019

EURASIAN ECONOMIC UNION (EAEU) Decisions and recommendations of the Eurasian Economic Com- mission The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the Eurasian Eco- nomic Commission documentation page. In general, only Решения, Распоряжение and Recommendations having a direct effect on international traders are listed. Most draft documents are not included.

Publication Title Date Council (Совет) of the Eurasian Economic Commission Решение № 96 (09-09-19) On amendments to the Procedure for the consideration of applications (materials) on violation of the general rules of competition in cross- border markets № 97 (09-09-19) On amendments to Section III of the Unified List of Products 07-10-19 (Goods) Subject to State Sanitary and Epidemiological Surveillance (Control) at the Customs Border and Customs Territory of the Eurasian Economic Union № 98 (09-09-19) On the draft decision of the Supreme Eurasian Economic Council “On Amending the Regulation on the Council on Agro-Industrial Policy of the Eurasian Economic Union” № 99 (08-08-19) On the categories of goods in respect of which a special customs procedure is applied, the conditions for placing such categories of goods 18-10-19 under a special customs procedure and the procedure for its application in order to organize and hold the 12th Ministerial Conference of the World Trade Or- ganization № 100 97 (06-21-19) On the condition for applying a separate criterion for the admissibility of specific subsidies 19-11-19 № 101 (09-09-19) On the draft decision of the Supreme Eurasian Economic Council “On the Main Directions of the International Activities of the Eurasian Economic Union for 2020” Board (Коллегии) of the Eurasian Economic Commission Решения № 168 (08-10-19) About the Advisory Committee on State (Municipal) Procure- 10-10-19 ment

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Publication Title Date № 169 (08-10-19) On amendments to the list of standards containing the rules and methods of research (testing) and measurements, including sampling rules necessary for the application and implementation of the requirements of the technical regulation of the Eurasian Economic Union “On the safety of packaged drinking water, including natural mineral water” (TR EAEU 044/2017) and the implementation of conformity assessment of technical regulation objects № 170 (08-10-19) On approval of the list of products in respect of which the submission of a customs declaration is accompanied by the submission of a conformity assessment document (information about the conformity assessment document) to the requirements of the technical regulation of the Eurasian Economic Union “On requirements for fire safety and fire fighting means” (EAEU TR 043/2017) № 171 (08-10-19) About the classifier of drug packaging components № 172 (08-10-19) On approval of the list of products in respect of which the submission of a customs declaration is accompanied by the submission of a document on conformity assessment (information on a conformity assessment document) to the requirements of the technical regulation of the Customs Union “Safety requirements for food additives, flavorings and technological aids” (TR TS 029/2012) № 173 (08-10-19) On the classification of the drug based on germ-free aqueous substrates of the metabolism products of microorganisms in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union № 174 (08-10-19) About modification of the Decision of the Commission of the Customs Union of September 20, 2010 No. 378 № 175 (08-10-19) On amendments to some decisions of the Commission of the Customs Union and the Board of the Eurasian Economic Commission № 176 (08-10-19) On amendments to the Decision of the Board of the Eurasian Economic Commission of April 21, 2015 No. 30 № 177 (08-10-19) On amendments to the Decision of the Board of the Eurasian Economic Commission of August 6, 2019 No. 137 № 178 (14-10-19) On amendments to paragraph 2 of the Decision of the Board 14-10-19 of the Eurasian Economic Commission of September 22, 2015 No. 122 № 179 (14-10-19) On the classification of the scraper planner in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union № 180 (14-10-19) On the classification of a magnesium-containing preparation in accordance with the unified Commodity Nomenclature for Foreign Economic 17-10-19 Activity of the Eurasian Economic Union № 181 (14-10-19) On amendments to some decisions of the Board of the Eura- sian Economic Commission № 182 (14-10-19) On the directory of activities carried out by persons in relation to goods subject to veterinary control (supervision) № 183 (21-10-19) On amendments to the Decision of the Board of the Eurasian 23-10-19 Economic Commission of May 10, 2016 No. 38 № 184 (29-10-19) On the classification of the heat sink for the central proces- sor of a television receiver in accordance with the unified Commodity Nomen- clature of Foreign Economic Activity of the Eurasian Economic Union № 185 (29-10-19) On approval of the Rules for the implementation of the general process “Ensuring the exchange of electronic documents and (or) information between the customs authorities of the Member States of the Eurasian Economic Union in the process of controlling the transport of goods in accord- 01-11-19 ance with the customs procedure of customs transit” № 186 (29-10-19) On technological documents governing information interac- tion during the implementation of the general process “Ensuring the exchange of information in the field of ensuring the uniformity of measurements contained in the information funds of the Member States of the Eurasian Economic Union” by means of the integrated information system of the Eurasian Economic Un- ion“

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Publication Title Date № 187 (29-10-19) On the fulfillment by the Republic of Belarus of obligations within the framework of the functioning of the internal market of the Eurasian Economic Union № 188 (29-10-19) On the Establishment of the Import Customs Duty Rate of the Single Customs Tariff of the Eurasian Economic Union for Optical Glass Bars № 189 (29-10-19) On the classification of a backhoe loader in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eura- sian Economic Union № 190 (11-11-19) On approval of the Rules for the implementation of the general process “Ensuring the exchange of documents and (or) information between the Eurasian Economic Commission and authorized bodies of the Mem- ber States of the Eurasian Economic Union while monitoring compliance with the general rules of competition in cross-border markets and competitive (anti- trust) legislation, as well as the introduction of state price regulation and challenging the decisions of member states of the Eurasian Economic Union on its introduction’ 15-11-19 № 191 (11-11-19) On making changes to the composition of information on issued certificates of state registration of products that can be obtained by customs authorities of the Member States of the Eurasian Economic Union, and the procedure for obtaining such information № 192 (11-11-19) On amendments to paragraph 2 of the Decision of the Board of the Eurasian Economic Commission of January 22, 2019 No. 8 № 193 (11-11-19) On the Regulation on the Electricity Advisory Committee № 194 (11-11-19) On the Regulation on the Oil and Gas Advisory Committee № 195 (19-11-19) On approval of the terms of reference for the implementation of the project “Unified search system” Work without borders” № 196 (19-11-19) On the classification of paper bags in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union № 197 (19-11-19) On amendments to the Internal Document Management Rules at the Eurasian Economic Commission № 198 (19-11-19) On the list of international and regional (interstate) standards, and in case of their absence - national (state) standards, the application of which on a voluntary basis ensures compliance with the technical regulations of the Customs Union “On the safety of meat and meat products” (TR TS 034/2013 ), and the list of international and regional (interstate) standards, and in case of their absence - national (state) standards containing the rules and methods of research (testing) and measurements, including the rules of sam- 22-11-19 pling required for the implementation and enforcement of the requirements of technical regulations of the Customs Union “On Safety of Meat and Meat Prod- ucts” (CU TR 034/2013) and the implementation of conformity assessment of technical regulation objects № 199 (19-11-19) On the certificate of ensuring the fulfillment of the obligation to pay customs duties and taxes № 200 (19-11-19) On the list of international and regional (interstate) standards, and in case of their absence - national (state) standards, the application of which on a voluntary basis ensures compliance with the technical regulations of the Eurasian Economic Union “On requirements for fire safety and fire fighting” (TR EAEU 043/2017), and the list of international and regional (interstate) standards, and in case of their absence - national (state) standards, containing their rules and methods of research (testing) and measurements, including the rules of sampling,

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8483454-v3\WASDMS Baker McKenzie Classification decisions adopted by the Commission and preliminary decisions adopted by the States-Members The Commission has posted a table which provides a collection of classification decisions under the common tariff adopted by the Commission. A separate website exists for preliminary decisions on the classification of goods adopted by the customs authorities of states - members of the Eurasian Eco- nomic Union. It was last updated 4 December 2019. The table lists the tariff codes, a description, rationale (GRIs) for the decision. Africa

AFCFTA AfCFTA’s Three Trillion Dollar Opportunity The African Continental Free Trade Area (AfCFTA) is a landmark deal that aims to bring together 54 African countries with a combined population of more than one billion people and a combined GDP of over USD 3 trillion. The result: a single African market for goods and services, accompanied by the free movement of people and capital.

Slated to take effect in June 2020, the agreement is expected to stimulate in- traregional trade flows, address Africa's industrial deficit, and reduce the continent's over reliance on primary goods exports.

We have prepared a thought leadership report that ooks at the gains and benefits for the continent as a whole, and examines the barriers to the deal's effective implementation.

Some of the report's key takeaways:

 While AfCFTA will be positive for all the region's economies in the long term, costs and benefits are likely to be unevenly distributed across countries and sectors in the short term. Analysis by Oxford Economics reinforces that economies will reap more benefits when they are more export-oriented, have a higher propensity for tariff reduction, or have more favorable business envi- ronments.  Africa's trade in services potential represents a way to overcome current production and industrialization limitations. With improved infrastructure and human capital development, African nations can hopefully leverage regional partnerships to reduce their reliance on imports from non-African nations.  Currently, African countries are lagging behind the global average in terms of utility infrastructure. Within the AfCFTA context, reliable utility infrastructure is vital for businesses to be able to scale up production for regional export or to develop manufacturing bases.  A longer-term consideration of Africa's multiple currencies and exchange rate regimes is crucial. The continent should look to address exchange rate volatil- ity which concerns liquidity shortages and the inability to repatriate profits.

For additional information, please contact Wildu du Plessis (Johannesburg), Mattias Hedwall (Stockholm), Mohamed A. Ghannam (Cairo), Kamal Nasrol- lah (Casablanca), Virusha Subban (Johannesburg) or Morné van der Merwe (Johannesburg).

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8483454-v3\WASDMS Baker McKenzie SOUTH AFRICA South African Customs and Excise Act Amendments of Rules and Tariff Schedules

Publication Implementation Date Subject Details Date Amendment to Part 5A of Schedule No. 1, by the substitution of fuel levy item 195.20.01, in order to With retrospec- GG.42840 15-11-19 rectify the rate of fuel levy on biodiesel from tive effect from R.1489 170,5c/kg to 170,5c/li 05-06-19  Notice R.1489 Explanatory memorandum to the amendments to Schedules No. 1, 4, 5 and 6 of the Customs and Excise Act No. 91 of 1964, to implement changes to the rates of customs duties in terms of the Eco-

nomic Partnership Agreement between the Euro- pean Union and the Southern African Develop- ment Community EPA States for 2020 and other miscellaneous amendments Amendment to General Note G to Schedule No. 1, to insert the abbreviation and symbol “CO2e” to GG.42850 mean CO2 equivalent as well as amend note G. R.1515 47 to read as ton/tonne in the abbreviation to align with the wording in the Carbon Tax Act  Notice R.1515 Amendment to Additional Notes to Chapter 11 by the substitution of Note 1(a) and Note 1(b) in Chapter 11 of section II to Part 1 of Schedule No. GG.42850 1 as a consequence to the statement issued by R.1517 the President of South Africa on 29 May 2019 regarding the merging of Govern- ment Departments  Notice R.1517 Amendment to Part 1 of Schedule No. 1, to implement changes to the rates of customs duties in 22-11-19 terms of the Economic Partnership Agreement be- 01-01-20 GG.42850 tween the European Union and the Southern Afri- R.1514 can Development Community EPA States for 2020 and other miscellaneous amendments  Notice R.1514 Amendment to Part 1 of Schedule No. 1, in terms GG.42850 of technical and other miscellaneous amendments R.1516  Notice R.1516 Amendment to Note 5 in Schedule No. 4, in order to substitute the reference to form DA 331 to form GG.42850 TC-01 which refers to a traveller card used at R.1518 ports of entry to declare personal and household effects  Notice R.1518 Amendment to Part 1 of Schedule No. 4, by the substitution of item 409.00 as a consequence to the statement issued by the President of South Af- rica on 29 May 2019 regarding the merging of GG.42850 Government departments resulting in the Depart- R.1519 ment of Agriculture, Forestry and Fisheries to be changed to Department of Agriculture, Land Re- form and Rural Development  Notice R.1519 GG.42850 Amendment to Part 2 of Schedule No. 4, by the R.1522 substitution of various items as a consequence to

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Publication Implementation Date Subject Details Date the statement issued by the President of South Af- rica on 29 May 2019 regarding the merging of Government departments resulting in the Depart- ment of Agriculture, Forestry and Fisheries to be changed to Department of Agriculture, Land Re- form and Rural Development  Notice R.1522 Amendment to Part 3 of Schedule No. 5, in order to delete refund items 537.00 and GG.42850 537.02/87.00/01.02, as they were applicable to R.1520 MIDP up to and including 31 December 2018. They have now become redundant  Notice R.1520 Amendment to Part 3 Schedule No. 6, by the de- letion of rebate items 672.01, GG.42850 672.01/105.10/01.01 and 672.01/105.10/02.01, as R.1521 they have become redundant  Notice R.1521 Amendment to Part 1 of Schedule No. 1, by the substitution of tariff subheading 8517.62.20, in or- GG.42850 der to exclude two-way radios from ad val- R.1523 orem excise duties With retrospec- tive effect from  Notice R.1523 01-04-18 Amendment to Part 2B of Schedule No. 1, by the

GG.42850 substitution of item 124.37.11, in order to exclude R.1524 two-way radios from ad valorem excise duties  Notice R.1524 GG.42862 Places where container depots may be estab- 29-11-19 R.1549 lished – Item 200.08 29-11-19  Notice R.1549

Newsletters, Reports, Articles, Etc.

Baker & McKenzie Global VAT/GST Newsletter Baker & McKenzie’s Global VAT/GST Newsletter provides a quick update into important developments in the field of VAT/GST across the globe. In order to maximize the effectiveness of this newsletter to you, most articles are brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are:

 Jochen Meyer-Burrow, Partner, [email protected]  Martin Morawski, Associate, [email protected] Publications, Alerts, Newsletters The following Baker McKenzie publications, client alerts, legal alerts, newsletters or postings released during the period of coverage of this Update may be of interest to you:

Subject International Trade, Tax and Anti-corruption Global International Trade Compliance Update – November 2019 {older issues}

Francophone Africa- Legal Alert November 2019 Newsletter (English and French)

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Subject Insight: Japanese Government Revises Rules on Foreign Investment Insight: Russia: Corporate Anti-Corruption Enforcement Research Insight: Thai Exchange Control Law Relaxed to Stimulate Capital Outflows and Lessen Pressure on the Thai Baht: More Opportunity for Offshore Investment Insight: Updates on Argentina, Sweden and the United Kingdom Insight: Vietnam: New Circular 68 Guiding the Implementation of E-Invoicing London IT/C Client Alert: Black Friday: buy today, but you can still return tomorrow Presentation: Key Updates on Export Controls and Sanctions: US, EU/UK, APAC and Rus- sia Publication: Global Financial Services Regulatory Guide Publication: Guide to Doing Business in the United Arab Emirates 2019 Thailand Tax Client Alert: Second public hearing planned on draft act to reduce tax evasion Ukraine Tax Client Alert: Ukraine ratifies protocol to amend tax treaty with Cyprus (Eng.); Україна ратифікувала Протокол про внесення змін до Конвенції про уникнення подвійного оподаткування з Кіпром US International Trade Client Alert: Commerce Proposes Rules re Securing the Information and Communications Technology and Services Supply Chain; Comments Due on or Be- fore December 27 Vietnam Tax Alert: New Circular guiding the implementation of e-invoicing Other areas

Australia Client Alert: Practical Guidance from the Myer case for Directors and Executives China Intellectual Property News Byte (21 November 2019) Insight: (Argentina) Promotion Regimes for Renewable Energies and Distributed Genera- tion Insight: (US) SEC Enforcement Annual Report: Retail Focus Raises Regulatory Risk for In- vestment Advisers Insight: BRI Beyond 2020: Embracing New Routes and Opportunities Insight: Forms of Doing Business in Vietnam 2019 Insight: Hong Kong: SFC Clarifies Regulatory Standards for Electronic Record Keeping Insight: UK High Court Finds Copyright Exists in Make-Up Palette and Powder Designs Insight: UK Statement on Legal Status of Cryptoassets and Smart Contracts Mexico Client Alert: New regulation for drone operations in Mexico (Eng.); Nueva normati- vidad para la operación de drones en México (Span.) Mexico Client Alert: The Mexican Competition Commission (“COFECE”) has begun an investigation of the aircraft fuel market. (Eng.); La Comisión Federal de Competencia Econó- mica (la “COFECE”) ha iniciado una investigación sobre el mercado de combustibles para aeronaves. (Span.) Thailand: Newsletter - Fraud in the Workplace #3: Other fraud schemes in the workplace Thailand: Publication – Doing Business in Thailand 2019 (November) Ukraine Tax Client Alert: Ukraine ratifies protocol to amend tax treaty with Cyprus (Eng.); Україна ратифікувала Протокол про внесення змін до Конвенції про уникнення подвійного оподаткування з Кіпром (Ukr.) Vietnam Financial Service / M&A Client Alert: Proposed cap on foreign ownership on inter- mediary payment services companies Vietnam Renewable Energy: Updates of key changes to Draft Decision on the potential second Feed-in-Tariff Program from 1 July 2019 and the impact on private investors of so- lar power projects in Vietnam

International Trade Compliance Update | December 2019 68

8483454-v3\WASDMS Baker McKenzie Webinars, Meetings, Seminars, Etc.

Our 16th annual Global Trade and Supply Chain Details Webinar Series was entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges”. The series included updates on Trade Wars, Trade Agreement negotiations and key customs, export controls and sanctions Webinar Start Time: developments.We also covered Foreign investment 08:00 AM (Pacific) - San Francisco 10:00 AM (Central) - Chicago review regimes around the world and emerging 11:00 AM (Eastern) - DC compliance risks in areas such as Human Rights and 4:00 PM (GMT) - London Forced Labour. 5:00 PM (CET) - Frankfurt We expanded our program of basic customs webinars to 12:00 AM+ (CST) - Beijing cover the areas of export controls and sanctions. The 1:00 AM+ (JST) - Tokyo

Basic program (highlighted in orange) was primarily *see timeanddate.com for time in aimed at participants who were new to Global Trade your location. and/or those who would like a refresher. Jenny Revis, a partner in our London office and co- Duration: 90 Minutes leader of the EMEA Customs practice, and others

moderated these webinars and were joined by experts Login Details: from across our global network. Log-in details will be sent via email If you missed a webinar or wish to see it again or want to one week before the event. download a presentation, you may do so at this link or by Webinar Series Lead: clicking the blue title below which indicates the material

has been posted. Webinars are usually posted approxi- Jennifer F. Revis mately two weeks after the live presentation. Partner (London) Webinar Dates and Topics: T 44 20 7919 1381 jenny.revis @bakermckenzie.com Date Topic These webinars are all complimentary. Basic: How to Classify Your Prod- January 29

ucts (Customs) Speakers: Jose Hoyos-Robles (Mex- REGISTER NOW! ico City), Olof Johannesson (Stock- holm), Andrew Rose (London), and Riza Buditomo (Jakarta) Trade Wars vs. Free Trade Agree- February 26 ments (Brexit, TPP, NAFTA) Questions: Speakers: Stu Seidel and Cindy Ow- If you have any questions ens DC), Jenny Revis (London), and regarding this webinar series, Meera Rolaz (London) please contact: Basic: Export controls and sanc- March 19 Sal Gonzalez

tions Business Development Specialist Speakers: Ben Smith (London), Olof Tel: +1 202 835 1661 Konig (Stockholm), Hanna Shtepa sal.gonzalez (Kyiv), and Paul Amberg (Amster- @bakermckenzie.com dam) Export compliance investigation MCLE Credit: April 30

and disclosures

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Speakers: Ross Denton (Lon- don), John McKenzie (San Fran- Approved for 1.5 California general CLE cisco), Anahita Thoms (Dusseldorf), credits, 1.5 Illinois general CLE credits, and Lise Test (DC) 1.5 New York areas of professional Basic: How to determine the practice CLE credits, and 1.5 Texas May 21 general CLE credits. Florida and origin of your products (Customs) Virginia CLE applications can be made Speakers: Adrianna Ibarra-Fernan- upon request. Participants requesting dez (Mexico City), Jessica Mutton CLE for other states will receive (Barcelona), and John F. McKenzie Uniform CLE Certificates. (San Francisco) Baker & McKenzie LLP is a California Overview of global ABC enforce- June 25 and Illinois CLE approved provider.

ment Baker & McKenzie LLP has been Speakers: Yindi Gesinde (Lon- certified by the New York State CLE Board as an accredited provider in the don), Julian Godfray (London), Omid state of New York for the period Uskowi (DC), and Henry Chen 12/12/15-12/11/18. We have applied to (Shanghai). renew our accreditation for our webinar

Moderator: Tristan Grimmer (Lon- in December and our upcoming webinars in 2019. This program may don) Added: earn newly admitted New York What Happens if the JCPOA Col- July 3 attorneys credit under Areas of lapses Professional Practice. Speakers: Ross Denton and Ben Baker & McKenzie LLP is an accredited Smith (London), Anahita Thoms sponsor, approved by the State Bar of Texas, Committee on MCLE. (Dusseldorf), Inessa Owens (DC) Basic: How to value your prod- These webinars July 30 have been approved ucts (Customs) for 1.5 CCS, CES Speakers: Jennifer Revis and Meera and MES credit by Cordelia Lara Rolaz (London) Jon the National Cowley (Hong Kong), and Quentin Customs Brokers & Forwarders Vander Schueren (Toronto) Association of Foreign investment review re- America, Inc August 27 gimes around the world: Focus on

US, EU, UK, Germany and Canada

Speakers: Ross Evans; (Lon- To register for this complimentary don) Rod Hunter and Sylwia Lis webinar series, click on the Register (DC), Anahita Thoms (Dusseldorf) Now button above and provide your and Yana Ermak (Toronto) information. You can register for one or Basic: Overview of customs and all webinars. September 24 imports developments: US, Brazil, We hope you will participate in and enjoy China/Asia and Mexico this exciting webinar series! Speakers: Eunkyung Kim Shin (Chi- cago), Alessandra Machado (Sao Interested in learning more? Paolo), Jon Cowley and Tina Li (Hong Kong), and Armando De Lille (Monterrey) Key updates on export controls October 29 and sanctions (US, EU/UK, APAC,

Russia) Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (London), Alexander Bychkov (Mos- cow), and Anne Petterd (Singapore) Basic: Overview of customs and November 19 imports developments: EU, Mid- dle East and Russia

Speakers: Nicole Looks (Frank- furt), Ana Royuela (Barcelona), Reg- gie Mezu (Dubai), and Vladimir Efremov (Moscow) Managing Emerging Compliance December 17 Risks Speakers: Tristan Grimmer (Lon- don), Christopher Burkett (Toronto), and Francesca Richmond (London)

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RECORDED SESSIONS FROM OUR 2019 ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA 13 November 2019 – 2019 Year-End Review of Import/Export Developments (Export Controls and Economic Sanctions)  United States Export Control Developments  CFIUS Developments  European Union Export Control Developments  Asia/Pacific Export Control Developments  Canada Export Control Developments  Economic Sanctions  Export Control and Economic Sanctions Enforcement Developments Click here to view and/or download all materials

14 November 2019 – 2019 Year-End Review of Import/Export Developments (Customs and Import Compliance Developments)  Trade Wars  Trade Agreements Developments  Customs and Import Developments: An Overview  Update on Foreign Import Regulations and Developments Click here to view and/or download all materials

Our 15th annual Global Trade and Supply Chain Webinar Series entitled, “2018: Continu- ing Challenges in Global Trade” ended on December 8, 2018.

In 2018, we again expanded our usual program to include our Customs Academy, which

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featured six “Customs 101” webinars ( highlighted in green below). The Customs 101 program is primarily aimed at participants who are new to Customs and/or those who would like a refresher and included introductory sessions on key Customs topics such as tariff classification, valuation and origin; and an overview of Customs in some key jurisdictions.

Terrie Gleason, a partner in our San Francisco, CA office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London office, moderated these webinars and were joined by experts from across our global network.

If you missed a webinar that has already been given, wish to see it again or want to download a presentation, you may do so at this link or by clicking the blue title below which indicates the material has been posted. Webinars are usually posted approximately two weeks after the live presentation.

Human Rights, Forced Labor, and Ethical Sup- Webinar Series Lead: January 30 ply Chains: Best Practices for Managing Grow- Teresa A. Gleason ing Legal Obligations and Risks Head, Global Customs Focus Group (San Francisco, CA) Speakers: Reagan Demas (DC), John Foote Tel: +1 415 576 3021 January 30 (DC), Francesca Richmond (London), and teresa.gleason @bakermcken- Christopher Burkett (Toronto) zie.com

Customs Basic: How to Classify Your Products Questions: February 27 If you have any questions regard- Speakers: Jose Hoyos-Robles (Mexico City), ing this webinar series, please Olof Johannesson (Stockholm), Andrew Rose contact: (London), Riza Buditomo (Jakarta) and Nicole Looks (Frankfurt) Sal Gonzalez Business Development Specialist Hot Topics in US, European, and Asian Ex- Tel: +1 202 835 1661 port Controls March 27 [email protected]

Speakers: Marc Lager (Vienna), Anne Petterd (Singapore), Alex Lamy (DC), John McKenzie MCLE Credit: Approved for 1.5 California general CLE (San Francisco) credits, 1.5 Illinois general CLE credits, Customs Basic: How to determine the origin of 1.5 New York areas of professional April 24 your products practice CLE credits, and 1.5 Texas general CLE credits. Florida and Vir- Speakers: Adrianna Ibarra-Fernandez (Mexico ginia CLE applications can be made City), Jessica Mutton (London), and John upon request. Participants requesting CLE for other states will receive Uni- McKenzie (Palo Alto) form CLE Certificates. Russian and EU Customs Update May 22 Baker & McKenzie LLP is a California Speakers: Alexander Bychkov (Moscow), Ni- and Illinois CLE approved provider. cole Looks (Frankfurt) and Jenny Revis (Lon- Baker & McKenzie LLP has been certi- don) fied by the New York State CLE Board as an accredited provider in the state of Customs Basic: How to value your products New York for the period 12/12/15- June 26 12/11/18. This program may earn newly Speakers: Kevin Nordin (London), Jon Cow- admitted New York attorneys credit un- ley (Hong Kong) and Brian Cacic (Toronto) der Areas of Professional Practice. Baker & McKenzie LLP is an accredited Update on US “Protectionism”, Brexit and TPP sponsor, approved by the State Bar of July 24 Texas, Committee on MCLE. Speakers: Stu Seidel (DC), Jenny Revis (London), Cindy Owens (Singapore) and Fred Burke (Ho Chi Minh) Customs Basic: What you need to know about August 28 importing into China, Russia and the Middle East

Speakers: Frank Pan (Shanghai), Vladimir Pending - We have applied for CES and CCS credit for these webinars to the Efremov (Moscow), and Reggie Mezu (Middle National Customs Brokers & Forward- East) ers Association of America, Inc. Customs Audits and Enforcement Actions: September 25 Best Practices and Trends Interested in learning more? Speakers: Adriana Ibarra-Fernandez (Mex- ico), Nicole Looks (Frankfurt), and Stuart Seidel (DC)

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Customs Basic: What you need to know about October 30 importing into Mexico, Brazil and Argentina

Speakers:Armando de Lille-Calatayud (Mon- terrey), Alessandra Machado (Sao Paolo), and Esteban Ropolo (Buenos Aires) Hot Topics in US, European, and Asian Trade November 27 Sanctions

Speakers: Kerry Contini (DC), Ben Smith (London), and Jon Cowley (Hong Kong)

December 18 Customs Basic: How to mitigate duties through use of customs procedures

Speakers: Eunkyung Kim Shin (Chicago), Edith Salcedo-Hinojosa (Guadalajara), and Daniel Sanchez-Elizondo (Guadalajara)

RECORDED SESSIONS FROM OUR 2018 ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA 14 November 2018 – Year-End Review of Import/Export Developments (Export Day) Video  Foreign Investment Risk Review Act (“FIRRMA”) and the Revision of the CFIUS Pro- cess  United States Export Control Developments  European Union Export Control Developments  Emerging Export Control Programs in the Asia/Pacific Region  Economic Sanctions Developments  Export Control and Economic Sanctions Enforcement Click here to view and/or download the materials. 15 November 2018 – Year-End Review of Import/Export Developments (Import Day) Video  The Trump Administration Trade Agenda (this panel did not include slides)  Trade Wars  Trade Agreements Developments  Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil  Update on Foreign Import Restrictions  Anti-Corruption Compliance and Trade Issues Click here to view and/or download the materials.

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Presentation Materials  Changes and Developments in Japan and Asia Pacific  Business Implications of Trade Conflict  Free Trade Agreement Developments  Trade Sanctions and Export Controls  E Commerce Challenges and Opportunities

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 stu- [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.

Final Date Country Notification Date Issued for Merchandise Covered Comments

Metallic packaging, linings, utensils, lids and equip- Argentina ARG/379 10/25/2019 12/20/2019 ment; Materials and articles in contact with foodstuffs Argentina ARG/380 10/25/2019 Not given Lactose-free, and low and reduced lactose products Argentina ARG/265/Add.2 10/25/2019 Not given Plant foods Argentina ARG/302/Add.1 10/23/2019 Not given Plastic piping for the supply of gaseous fuels Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or ARG/381 11/04/2019 Not given Argentina other sweetening matter nor flavoured; ice and snow (HS 2201) Liquefied Petroleum Gas (LPG) cylinders are trans- ported by vehicles, due to importance of safety, BHR/565 11/06/2019 01/05/2020 Bahrain, Kingdom of some safety requirements have been established to reduce the risk of accidents Concrete Reinforcement Steel Bars (HS Chapter: BHR/566 11/19/2019 01/18/2020 Bahrain, Kingdom of 7214)

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Final Date Country Notification Date Issued for Merchandise Covered Comments

Brazil BRA/931 11/05/2019 Not given HS Code(s): 84133090 (desalinated sea water)

Brazil BRA/932 11/05/2019 Not given HS Code(s): 30022000 (Vaccines) Refrigerated raw milk, pasteurized milk and milk BRA/810/Add.3 11/12/2019 Not given Brazil type A HS 04.01

Brazil BRA/821/Add.5 11/12/2019 Not given Public Taking of subsidies

Brazil BRA/821/Add.6 11/12/2019 Not given Public Taking of subsidies

Brazil BRA/933 11/11/2019 Not given Telecommunication equipment

Brazil BRA/624/Add.3 11/14/2019 Not given Car body shell for road vehicles (HS 8707)

Brazil BRA/631/Add.3 11/14/2019 Not given Car body shell for road vehicles (HS 8707)

Brazil BRA/780/Add.1 11/25/2019 Not given HS CODE: 30 - pharmaceutical products

Brazil BRA/838/Add.1 11/25/2019 Not given Sugars and sugar confectionery (HS 17) Telecommunication equipment - Valve Regulated BRA/934 11/25/2019 Not given Brazil Stationary Lead Acid Energy Accumulators Telecommunication equipment - Valve regulated Brazil BRA/935 11/25/2019 Not given stationary lead acid energy accumulators for specific applications Telecommunication equipment - vented stationary Brazil BRA/936 11/25/2019 Not given lead acid energy accumulators for specific applications Telecommunication equipment - vented stationary BRA/937 11/25/2019 Not given Brazil lead acid energy accumulators Telecommunication equipment - Vented stationary Brazil BRA/938 11/25/2019 Not given lead acid energy accumulators for specific applications (low voltage photovoltaic systems)

Chile CHL/506 10/30/2019 12/29/2019 Radiopharmaceutical products Packaging of carton, metal, paper, plastic, liquid CHL/507 11/06/2019 01/05/2020 Chile packaging carton (Tetra Pak) or glass

Chile CHL/406/Add.1 11/13/2019 Not given Honey Costa Rica CRI/121/Add.4 11/19/2019 Not given Steel bars and wire for concrete reinforcement Transfer media flow sensors with a multi-hole orifice plate; Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flowmeters, level Czech Republic CZE/247 11/04/2019 01/08/2020 gauges, manometers, heat meters), excluding instruments and apparatus of heading 90.14, 90.15, 90.28 or 90.32 (HS 9026); Metrology and measurement. Physical phenomena (Vocabularies), Measur- ing instruments Multi-orifice diaphragm gas flow sensors; Instru- ments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flowmeters, level gauges, ma- CZE/248 11/04/2019 01/08/2020 Czech Republic nometers, heat meters), excluding instruments and apparatus of heading 90.14, 90.15, 90.28 or 90.32 (HS 9026); Metrology and measurement. Physical phenomena (Vocabularies), Measuring instruments

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Final Date Country Notification Date Issued for Merchandise Covered Comments

Flow-through type vibrational relative gas density CZE/211/Add.1 11-26-2019 Not given Czech Republic transducers Tubes, pipes and hoses, rigid: (HS 39172); Other Ecuador ECU/363/Rev.1 10/28/2019 Not given tubes, pipes and hoses: (HS 39173); Fittings (HS 391740) Other prepared or preserved meat, meat offal or ECU/370/Rev.1 10/28/2019 Not given Ecuador blood (HS 1602) 6907.21.00 - Of a water absorption coefficient by weight not exceeding 0.5%; 6907.22.00 - Of a water absorption coefficient by weight exceeding 0.5% but not exceeding 10% 6907.23.00 - Of a water absorption coefficient by weight exceeding 10%; Bricks, blocks, tiles and other ceramic goods of siliceous fossil meals (for example, kieselguhr, tripolite or di- ECU/372/Rev.1 10/28/2019 Not given Ecuador atomite) or of similar siliceous earths (HS 6901); Refractory bricks, blocks, tiles and similar refractory ceramic constructional goods, other than those of siliceous fossil meals or similar siliceous earths (HS 6902); Unglazed ceramic flags and paving, hearth or wall tiles; unglazed ceramic mosaic cubes and the like, whether or not on a backing. Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or ECU/383/Rev.1 10/28/2019 Not given Ecuador other sweetening matter nor flavoured; ice and snow (HS 2201) Of size and shape suitable for incorporation in vehicles, aircraft, spacecraft or vessels (HS 700711); Of Ecuador ECU/397/Rev.1 10/28/2019 Not given size and shape suitable for incorporation in vehicles, aircraft, spacecraft or vessels (HS 700721); Other (HS 870829) Lead-acid, of a kind used for starting piston engines Ecuador ECU/404/Rev.1 10/28/2019 Not given (HS 850710); Other lead-acid accumulators (HS 850720) Lifts and skip hoists (HS 842810); Escalators and ECU/414/Rev.1 10/28/2019 Not given Ecuador moving walkways (HS 842840) 1701.13.00.00 -- Cane sugar specified in Subhead- ing Note 2 to this Chapter; 1701.14.00.00 -- Other ECU/426/Rev.1 10/28/2019 Not given Ecuador cane sugar; - Other (HS 17019); Beet sugar (HS 170112) Nuts, ground-nuts and other seeds, whether or not mixed together (HS 20081); Prepared foods obtained by the swelling or roasting of cereals or cereal products (HS 190410); Prepared foods ob- Ecuador ECU/367/Rev.1 10/28/2019 Not given tained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals (HS 190420); Flours, meals and pellets, of meat or meat offal; greaves (HS 230110) Soups and broths and preparations therefor; ho- ECU/371/Rev.1 10/29/2019 Not given Ecuador mogenised composite food preparations (HS 2104) 8702.20 - With both compression-ignition internal combustion piston engine (diesel or semi-diesel) Ecuador ECU/373/Rev.1 10/28/2019 Not given and electric motor as motors for propulsion; 8702.30 - With both spark-ignition internal combustion reciprocating piston engine and electric motor

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as motors for propulsion; 8702.40 - With only electric motor for propulsion; 8703.40 - Other vehicles, with both spark-ignition internal combustion reciprocating piston engine and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power; 8703.50 - Other vehicles, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power; 8703.60 - Other vehicles, with both spark-ignition internal combustion reciprocating piston engine and electric motor as motors for propulsion, capable of being charged by plugging to external source of electric power; 8703.70 - Other vehicles, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, capable of being charged by plugging to external source of electric power; 8703.80 - Other vehicles, with only electric motor for propulsion; Tractors (other than tractors of heading 87.09) (HS 8701); Motor vehicles for the transport of ten or more persons, including the driver (HS 8702); Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 87.02), including station wagons and racing cars (HS 8703); Motor vehicles for the transport of goods (HS 8704); Spe- cial purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries, crane lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units) (HS 8705); Chassis fitted with engines, for the motor vehicles of headings 87.01 to 87.05 (HS 8706) 040140 - Of a fat content, by weight, exceeding 6% but not exceeding 10%; 040150 - Of a fat content, by weight, exceeding 10%; Other (HS 190190); Of a fat content, by weight, not exceeding 1% (HS 040110); Of a fat content, by weight, exceeding 1% but not exceeding 6% (HS 040120); Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not else- ECU/384/Rev.1 10/29/2019 Not given Ecuador where specified or included (HS 0404); Cheese and curd (HS 0406); Butter and other fats and oils derived from milk; dairy spreads (HS 0405); Butter- milk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa (HS 0403); Milk and cream, concentrated or containing added sugar or other sweetening matter (HS 0402)

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Ice cream and other edible ice, whether or not con- ECU/401/Rev.1 10/29/2019 Not given Ecuador taining cocoa (HS 2105); Other (HS 210690) Other (HS 841919); Heat exchange units (HS ECU/441/Rev.1 10/29/2019 Not given Ecuador 841950) Sugar confectionery (including white chocolate), not ECU/402/Rev.1 10/30/2019 Not given Ecuador containing cocoa (HS 1704) Tableware, kitchenware, other household articles and toilet articles, of porcelain or china (HS 6911); Ecuador ECU/348/Rev.1 10/30/2019 Not given Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china (HS 6912); - Other articles: (HS 68159) Coated corrugated steel culverts and structural ECU/356/Rev.1 10/30/2019 Not given Ecuador plates for sewage conduits (HS 730890) Bicycles and other cycles (including delivery tricy- Ecuador ECU/377/Rev.1 10/30/2019 Not given cles), not motorised (HS 8712); Other (HS 87149); Other (HS 871190) Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in Note 4 to this Chapter (HS 3208); Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous ECU/378/Rev.1 10/28/2019 Not given Ecuador medium (HS 3209); Other paints and varnishes (including enamels, lacquers and distempers); prepared water pigments of a kind used for finishing leather (HS 3210); Other (HS 321290); Colours in sets (HS 321310); Glaziers' putty, grafting putty, resin cements, caulking compounds and other mas- tics; painters' fillings (HS 321410); Other (HS 390799) Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials (HS 6404); Other footwear (HS 6405); Other footwear (HS 64029); Other footwear with outer soles of leather (HS 64035); Other footwear (HS 64039); Covering the ankle but not covering Ecuador ECU/386/Rev.1 10/30/2019 Not given the knee (HS 640192); Other (HS 640199); Other (HS 640219); Footwear with upper straps or thongs assembled to the sole by means of plugs (HS 640220); Other (HS 640319); Footwear with outer soles of leather, and uppers which consist of leather straps across the instep and around the big toe (HS 640320) Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not pre- Ecuador ECU/389/Rev.1 10/30/2019 Not given pared (HS 1902); Of wheat (HS 110311); Of maize (corn) (HS 110313); Bulgur wheat (HS 190430); Other (HS 190490); Crispbread (HS 190510); Gin- gerbread and the like (HS 190520); Rusks, toasted bread and similar toasted products (HS 190540) 090421 Dried, neither crushed nor ground; 090422 ECU/390/Rev.1 10/30/2019 Not given Ecuador Crushed or ground; 090510 Neither crushed nor

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ground; 090520 Crushed or ground; 090611 Cinna- mon (Cinnamomum zeylanicum Blume); 090619 Other; 090710 Neither crushed nor ground; 090720 Crushed or ground; 090811 Neither crushed nor ground; 090812 Crushed or ground; 090821 Neither crushed nor ground; 090822 Crushed or ground; 090831 Neither crushed nor ground; 090832 Crushed or ground; 090921 Neither crushed nor ground; 090922 Crushed or ground; 090931 Neither crushed nor ground; 090932 Crushed or ground; 090961 Neither crushed nor ground; 090962 Crushed or ground; 091011 Neither crushed nor ground; 091012 Crushed or ground; 091091 Mix- tures referred to in Note 1 (b) to this Chapter; Other (HS 121190); Mustard flour and meal and prepared mustard (HS 210330); Other (HS 210390); Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta (HS 0904); Vanilla (HS 0905); Cinnamon and cinnamon-tree flowers (HS 0906); Cloves (whole fruit, cloves and stems) (HS 0907); Nutmeg, mace and cardamoms (HS 0908); Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries (HS 0909); Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices (HS 0910); Celery other than celeriac (HS 070940); Other vegetables; mixtures of vegetables (HS 071290) Vinegar and substitutes for vinegar obtained from acetic acid (HS 2209); Tomato ketchup and other ECU/391/Rev.1 10/30/2019 Not given Ecuador tomato sauces (HS 210320); Mustard flour and meal and prepared mustard (HS 210330) Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing ECU/398/Rev.1 10/30/2019 Not given Ecuador less than 70% by weight of petroleum oils or oils obtained from bituminous minerals (HS 3819) Ecuador ECU/406/Rev.1 10/30/2019 Not given 852872 - Other, colour (Televisions) Electric instantaneous or storage water heaters and ECU/428/Rev.1 10/30/2019 Not given Ecuador immersion heaters (HS 851610) Other vegetables and mixtures of vegetables (HS 200490); Fruit and nuts, uncooked or cooked by Ecuador ECU/454/Rev.1 11/04/2019 Not given steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter (HS 0811) Other electric conductors, for a voltage exceeding ECU/458/Rev.1 10/30/2019 Not given Ecuador 1,000 V (HS 854460) Safety or relief valves (HS 848140); Other appli- ECU/436/Rev.1 11/06/2019 Not given Ecuador ances (HS 848180) Ecuador ECU/439/Rev.1 11/06/2019 Not given Drying machines (HS 84512) Other wood screws (HS 731812); Self-tapping screws (HS 731814); Other screws and bolts, ECU/442/Rev.1 11/06/2019 Not given Ecuador whether or not with their nuts or washers (HS 731815); Other (HS 731819) Tooth brushes, including dental-plate brushes (HS ECU/449/Rev.1 10/30/2019 Not given Ecuador 960321)

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Ecuador ECU/450/Rev.1 11/04/2019 Not given Padlocks (HS 830110) Other bars and rods of stainless steel; angles, ECU/457/Rev.1 11/04/2019 Not given Ecuador shapes and sections of stainless steel (HS 7222) Other vehicles (HS 871680) (Hand-propelled wheel- ECU/460/Rev.1 11/04/2019 Not given Ecuador barrows) Ecuador ECU/462/Rev.1 10/30/2019 Not given Unframed (HS 700991) (Silvered flat glass mirrors) Pressure-reducing valves (HS 8481.10); Check Ecuador ECU/464/Rev.1 11/04/2019 Not given (nonreturn) valves; (HS 8481.30); Other appliances (HS 8481.80) Ecuador ECU/466/Rev.1 11/04/2019 Not given Roofing tiles (HS 690510) Other ovens; cookers, cooking plates, boiling rings, ECU/468/Rev.1 11/06/2019 Not given Ecuador grillers and roasters (HS 851660) 962000: Monopods, bipods, tripods and similar articles; Articles of yarn, strip or the like of heading 54.04 or 54.05, twine, cordage, rope or cables, not elsewhere specified or included (HS 5609); Articles of apparel and clothing accessories (including gloves, mittens and mitts) (HS 392620); Other (HS Ecuador ECU/474/Rev.1 11/06/2019 Not given 401590); Belts and bandoliers (HS 420330); Other clothing accessories (HS 420340); Other (HS 630790); Other (HS 731290); Other screws and bolts, whether or not with their nuts or washers (HS 731815); Other (HS 731829); Other (HS 732690); Other (HS 761090) (Personal protective equipment used to prevent falls from a height) 8703.31 - Of a cylinder capacity not exceeding 1,500 cc; Of a cylinder capacity not exceeding 1,000 cc (HS 870321); g.v.w. not exceeding 5 tonnes (HS 870421); g.v.w. not exceeding 5 tonnes (HS 870431); With reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc (HS 871110); With reciprocating internal combustion piston engine of a cylinder capacity ex- Ecuador ECU/385/Rev.1 11/06/2019 Not given ceeding 50 cc but not exceeding 250 cc (HS 871120); With reciprocating internal combustion piston engine of a cylinder capacity exceeding 250 cc but not exceeding 500 cc (HS 871130); With reciprocating internal combustion piston engine of a cylinder capacity exceeding 500 cc but not exceeding 800 cc (HS 871140); With reciprocating internal combustion piston engine of a cylinder capacity exceeding 800 cc (HS 871150) Window or wall types, self-contained or “split-sys- Ecuador ECU/394/Rev.1 11/06/2019 Not given tem” (HS 841510); Other, incorporating a refrigerating unit (HS 841582) 6813.20.00.00 Containing asbestos; 6813.81.00.00 Brake linings and pads; 6813.89.00.00 Other; ECU/399/Rev.1 11/06/2019 Not given Ecuador Brakes and servo-brakes and parts thereof (HS 87083) 950300: Tricycles, scooters, pedal cars and similar wheeled toys; dolls' carriages; dolls; other toys; re- ECU/408/Rev.1 11/06/2019 Not given Ecuador duced-size (“scale”) models and similar recreational models, working or not; puzzles of all kinds.

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Oil or petrol-filters for internal combustion engines Ecuador ECU/409/Rev.1 11/06/2019 Not given (HS 842123); Intake air filters for internal combustion engines (HS 842131); Other (HS 842199) Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; ECU/415/Rev.1 11/06/2019 Not given Ecuador side-cars (HS 8711); Of a cylinder capacity not exceeding 1,000 cc (HS 870321) Baths, shower-baths, sinks and wash-basins (HS 392210); Other, including parts (HS 732490); Sani- ECU/416/Rev.1 11/06/2019 Not given Ecuador tary ware and parts thereof (HS 741820); Other appliances (HS 848180) Other jacks and hoists, hydraulic (HS 842542); ECU/422/Rev.1 11/06/2019 Not given Ecuador Other (HS 842549) Desiccated (HS 080111); Dates (HS 080410); Apri- ECU/453/Rev.1 11/06/2019 Not given Ecuador cots (HS 081310) Other (HS 392690); Other (HS 900490) (Personal ECU/472/Rev.1 11/06/2019 Not given Ecuador face and eye protectors) Ecuador ECU/461/Rev.1 11/04/2019 Not given Other centrifugal pumps (HS 841370) 1701.13.00.00 -- Cane sugar specified in Subhead- ECU/426/Rev.1/ ing Note 2 to this Chapter; 1701.14.00.00 -- Other 11/20/2019 Not given Ecuador Add.1 cane sugar; - Other (HS 17019); Beet sugar (HS 170112) Other filament lamps, excluding ultra-violet or infra- ECU/477 11/20/2019 01/25/2020 Ecuador red lamps (HS 85392) Other (HS 700719); Other (HS 700729); Paving blocks, slabs, bricks, squares, tiles and other articles of pressed or moulded glass, whether or not wired, of a kind used for building or construction Ecuador ECU/478 11/21/2019 01/20/2020 purposes; glass cubes and other glass smallwares, whether or not on a backing, for mosaics or similar decorative purposes; leaded lights and the like; multicellular or foam glass in blocks, panels, plates, shells or similar forms (HS 7016) EGY/3/Add.19/C 11/12/2019 Not given Chemical, textile and engineering products Egypt orr.1

Egypt EGY/76/Add.1 11/12/2019 Not given Electrical lamps Domestic safety, Domestic electrical appliances in EGY/233 11/12/2019 01/11/2020 Egypt general

Egypt EGY/234 11/12/2019 01/11/2020 Sacks. Bags

Egypt EGY/235 11/12/2019 01/11/2020 Furniture

Egypt EGY/236 11/12/2019 01/11/2020 Other wood-based panels

Egypt EGY/237 11/12/2019 01/11/2020 Plywood

European Union EU/689 11/04/2019 01/03/2020 Hazardous substances Metalaxyl-M (pesticide active substance); Pesti- EU/690 11/04/2019 01/03/2020 European Union cides and other agrochemicals (ICS 6

European Union EU/691 11/07/2019 01/06/2020 Gunshot containing lead Railway interoperability constituents, subsystems EU/692 11/18/2019 01/17/2020 European Union and vehicles

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European Union EU/679/Add.1 11/20/2019 Not given Electrical and electronic equipment

Grenada GRD/23 11/07/2019 02/08/2020 Specification for Packaged Water

Guyana GUY/53 11/26/2019 01/25/2020 Liquid Petroleum Gases Cylinders

Guyana GUY/54 11/26/2019 01/25/2020 Steel Compressed Gas Cylinders

India IND/112 11/18/2019 01/17/2020 Domestic Pressure Cooker Steel Tubes, Tubulars and Other Wrought Steel Fit- India IND/113 11/18/2019 01/17/2020 tings, Steel Tubes for Structural Purposes and Steel Tubes Used for Water Wells Heavy Duty Electric Cables, Cross-linked Polyeth- ylene Insulated Sheathed Cables, Aerial Bunched Cables, Elastomer Insulated Cables, Thermocouple India IND/114 11/18/2019 01/17/2020 Compensating Cables, Welding Cables, Elastomer Insulated Flexible Cables for use in mines, Flexible Cables for Miner's Cap Lamps, Shot Firing Cables and Halogen Free Flame Retardant (HFFR) Cables. Rubber Hose for Liquefied Petroleum Gas (LPG)- IS 9573:2017 (Part I Industrial Application) and IS IND/115 11/19/2019 01/18/2020 India 9573:2017 (Part II Domestic and Commercial Appli- cation)

India IND/116 11/25/2019 01/24/2020 IS 5158: Phthalic Anhydride (HS code 29173500) 1. IS 14887 Textiles – High Density Polyethylene (HDPE)/Polypropylene (PP) Woven Sacks for packaging of 50 kilogram Foodgrains - Specification 2. IS 16208 Textiles – High Density Polyethylene (HDPE)/Polypropylene (PP) Woven Sacks for pack- IND/117 11/25/2019 01/24/2020 India aging 10 kilogram., 15 kilogram, 20 kilogram, 25 kilogram, and 30 kilogram Foodgrains - Specification 3. IS 14968 Textiles – High Density Polyethylene (HDPE)/Polypropylene (PP) Woven Sacks for packaging 50 kilogram/25 kilogram Sugar- Specification

Israel ISR/1076 11/11/2019 01/10/2020 Warming plates and similar appliances

Israel ISR/1077 11/11/2019 01/10/2020 Electrical oral hygiene appliances

Israel ISR/1078 11/11/2019 01/10/2020 Whirlpool baths and whirlpool spas

Israel ISR/1079 11/11/2019 01/10/2020 Electric foot warmers and heating mats Electrical amusement machines and personal ser- ISR/1080 11/11/2019 01/10/2020 Israel vice machines

Israel ISR/1082 11/11/2019 01/10/2020 Vertically moving garage doors for residential use

Israel ISR/1076 11/11/2019 01/10/2020 Warming plates and similar appliances

Israel ISR/1077 11/11/2019 01/10/2020 Electrical oral hygiene appliances

Israel ISR/1078 11/11/2019 01/10/2020 Whirlpool baths and whirlpool spas

Israel ISR/1079 11/11/2019 01/10/2020 Electric foot warmers and heating mats Electrical amusement machines and personal ser- ISR/1080 11/11/2019 01/10/2020 Israel vice machines

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Israel ISR/1081 11/12/2019 01/11/2020 Electrical fabric steamers;

Israel ISR/1082 11/11/2019 01/10/2020 Vertically moving garage doors for residential use

srael ISR/1083 11/26/2019 1/25/2020 Tumble dryers Electrical deep fat fryers, frying pans and similar ap- ISR/1084 11/26/2019 01/25/2020 Israel pliances;

Israel ISR/1085 11/26/2019 01/25/2020 Electrical food waste disposers Electrical appliances for skin exposure to optical ra- ISR/1086 11/26/2019 01/25/2020 Israel diation; Electrical range hoods and other cooking fume ex- ISR/1087 11/26/2019 01/25/2020 Israel tractors;

Israel ISR/1088 11/26/2019 01/25/2020 Electrical insect killers;

Israel ISR/1089 11/26/2019 01/25/2020 Electrical water-bed heaters Electrical commercial dispensing appliances and ISR/1090 11/26/2019 01/25/2020 Israel vending machines;

Israel ISR/1091 11/28/2019 01/27/2020 Vehicle lifts Nickel systems of secondary cells and batteries ISR/1092 11/28/2019 01/27/2020 Israel containing alkaline Lithium systems of secondary cells and batteries ISR/1093 11/28/2019 01/27/2020 Israel containing alkaline Radio station for cable TV transmission line com- JPN/638 11/12/2019 01/11/2020 Japan plementation

Japan JPN/639 11/12/2019 01/11/2020 Radio station for Field Pickup Unit

Japan JPN/640 11/12/2019 01/11/2020 Vehicle (HS: 87.02, 87.03, 87.04) Substances with probable effects on the central JPN/641 11/18/2019 Not given Japan nervous system

Japan JPN/642 11/18/2019 Not given Phytase as a feed additive

Japan JPN/643 11/21/2019 12/93/2019 Psychotropics

Kenya KEN/909 11/04/2019 12/24/2019 Food additives (Food grade succhrin)

Kenya KEN/910 11/04/2019 12/24/2019 Food additives (Food grade Aspartame)

Kenya KEN/911 11/04/2019 12/24/2019 Food additives (Baker's Yeast)

Kenya KEN/912 11/06/2019 12/28/2019 Paints and varnishes (Gloss solvent borne paints) Paints and varnishes (Semi-gloss (egg shell) sol- KEN/913 11/06/2019 12/28/2019 Kenya vent borne paints) Paints and varnishes (Silk (sheen) emulsion paint KEN/914 11/06/2019 12/28/2019 Kenya for interior use)

Kenya KEN/915 11/06/2019 12/28/2019 Paints and varnishes (Textured paints) Paints and varnishes (Drop on materials for road KEN/916 11/06/2019 12/28/2019 Kenya marking paints) Animal and vegetable fats and oils (Raw cashew KEN/917 11/20/2019 01/18/2020 Kenya nuts)

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Animal and vegetable fats and oils (Raw cashew KEN/918 11/20/2019 01/18/2020 Kenya Kernels) Animal and vegetable fats and oils (Roasted KEN/919 11/20/2019 01/18/2020 Kenya cashew Kernels)

Kenya KEN/920 11/20/2019 01/18/2020 Animal and vegetable fats and oils (Cashew Butter) Animal and vegetable fats and oils (Raw Macada- KEN/921 11/20/2019 01/18/2020 Kenya mia Kernel) Animal and vegetable fats and oils (Roasted Maca- KEN/922 11/20/2019 01/18/2020 Kenya damia Kernel) Animal and vegetable fats and oils (Sesame (sim- KEN/923 11/20/2019 01/18/2020 Kenya sim)) (HS: 12); Animal and vegetable fats and oils (Chia KEN/924 11/20/2019 01/18/2020 Kenya seeds) (HS: 0204); Meat and meat products (Lamb and KEN/925 11/20/2019 01/15/2020 Kenya mutton, goat)

Kenya KEN/926 11/20/2019 01/15/2020 Meat and meat products (Pork)

Kenya KEN/927 11/25/2019 01/15/2020 Meat and meat products (Camel)

Kenya KEN/928 11/25/2019 01/15/2020 Meat and meat products Packaging as paper packs, glass bottles, cans, KOR/857/Add.1 11/11/2019 Not given Korea, Republic of plastics

Korea, Republic of KOR/864 11/11/2019 01/10/2020 Health functional foods

Korea, Republic of KOR/865 11/11/2019 01/10/2020 Food

Korea, Republic of KOR/866 11/11/2019 01/10/2020 Cosmetics Packaging as paper packs, glass bottles, cans, KOR/857/Add.1 11/11/2019 Not given Korea, Republic of plastics

Korea, Republic of KOR/864 11/11/2019 01/10/2020 Health functional foods

Korea, Republic of KOR/865 11/11/2019 01/10/2020 Food

Korea, Republic of KOR/866 11/11/2019 01/10/2020 Cosmetics Malaysia MYS/99 11/25/2019 01/24/2020 All products including food and health care products Lighting equipment that distributes, filters or controls light emitted by one or more light emitting di- Mexico MEX/444/Add.1 11/04/2019 Not given odes (LEDs) and includes all necessary accessories for mounting, protecting and operating those LEDs (Tariff heading: 854140) Mexico MEX/373/Add.2 11/21/2019 Not given Remotely piloted aircraft system (RPAS) Conformity assessment - The list of covered prod- Mongolia MNG/8 11/04/2019 01/03/2020 ucts classified by HS code is attached (in mongo- lian) Primary processed cashmere, cashmere tops, cashmere component fibres, coarse hair, intermedi- MNG/9 11/04/2019 01/03/2020 Mongolia ate hair, down fibre (definitions are given in the draft) Products which belong to mandatory conformity as- MNG/10 11/04/2019 01/03/2020 Mongolia sessment Products and services subject to mandatory con- MNG/11 11/04/2019 01/03/2020 Mongolia formity assessment (Notified in previous TBT N)

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All countries: New and used motorcycles imported New Zealand NZL/85/Add.1 11/04/2019 Not given into New Zealand that are to be registered for use on public roads.; Motorcycles and mopeds This notification covers all chemical substances that meet the definition of “hazardous substance” in Section 2 of the Hazardous Substances and New Organisms (HSNO) Act 1996, and that exceed the New Zealand NZL/92 11/07/2019 01/09/2020 thresholds set in the Hazardous Substances (Mini- mum Degrees of Threshold) Notice 2017. This is equivalent to the coverage of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Metallic packaging, linings, utensils, lids and equip- PRY/114 11/07/2019 01/05/2020 Paraguay ment in contact with foodstuffs. List of Products under Mandatory Certification which cover certain products divided into catego- PHL/220/Rev.1 11/11/2019 Not given Philippines ries, namely, building and construction, electrical and electronics, chemical and consumer products. Philippines PHL/225 11/11/2019 12/10/2019 Ceramic products (HS 69) Vehicles other than railway or tramway rolling- PHL/226 11/11/2019 12/10/2019 Philippines stock, and parts and accessories thereof (HS 87) Plywood, veneered panels and similar laminated PHL/227 11/11/2019 12/10/2019 Philippines wood (HS 4412) Philippines PHL/228 11/11/2019 12/10/2019 Electronic Cigarettes

Saudi Arabia SAU/1105/Add.1 11/04/2019 Not given Food products in general

Saudi Arabia SAU/943/Rev.1 11/11/2019 Not given Building materials

Saudi Arabia SAU/944/Rev.1 11/11/2019 Not given Building materials

South Africa ZAF/131/Rev.2 11/14/2019 Not given Eggs (HS 0407) Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included (HS 8471); Electrical SWZ/2 11/14/2019 01/13/2020 Swaziland apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for current-carrier line systems or for digital line systems; videophones (HS 8517) Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included (HS 8471); Electrical SWZ/3 11/14/2019 01/13/2020 Swaziland apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication apparatus for current-carrier line systems or for digital line systems; videophones (HS 8517) - Audio-frequency electric amplifiers (HS 851840); Transmission apparatus for radio-telephony, radio- SWZ/4 11/14/2019 01/13/2020 Swaziland telegraphy, radio- Broadcasting or television, whether or not incorporating reception apparatus or

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sound recording or reproducing apparatus; television cameras; still image video cameras and other video camera recorders; digital cameras (HS 8525); Other aircraft (for example, helicopters, airplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles (HS 8802) Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included (HS 8471); Electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets SWZ/5 11/14/2019 01/13/2020 Swaziland and telecommunication apparatus for current-carrier line systems or for digital line systems; videophones (HS 8517); - Other instruments and apparatus, specially designed for telecommunications (for example, cross-talk meters, gain measuring instruments, distortion factor meters, psophometers) (HS 903040) Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included (HS 04); Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 15.16 (HS 1517); Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel (HS 1702); Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40% by SWZ/6 11/14/2019 01/13/2020 Swaziland weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading 04.01 to 04.04, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included (HS 1901); Ice cream and other edible ice, whether or not containing cocoa (HS 2105); Food preparations not elsewhere specified or included (HS 2106); Albu- mins (including concentrates of two or more whey proteins, containing by weight more than 80% whey proteins, calculated on the dry matter), albuminates and other albumin derivatives (HS 3502); Milk and milk products Flammable hazardous goods; Vehicles other than Swaziland SWZ/7 11/18/2019 01/17/2020 railway or tramway rolling- stock, and parts and accessories thereof (HS 87); - Tankers (HS 890120) Dehumidifiers, ice machines, aerosol products, water coolers, insulation boards and pre-polymers; Air or vacuum pumps, air or other gas compressors SWZ/8 11/18/2019 01/17/2020 Swaziland and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters (HS 8414); Air conditioning machines, comprising a mo-

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tor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated (HS 8415); Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15 (HS 8418); - Fire extinguishers, whether or not charged (HS 842410) Electrical and electronic waste; Human hair, un- worked, whether or not washed or scoured; waste of human hair (HS 0501); Pebbles, gravel, broken or crushed stone, of a kind commonly used for concrete aggregates, for road metalling or for railway or other ballast, shingle and flint, whether or not heat- treated; macadam of slag, dross or similar industrial waste, whether or not incorporating the materials Swaziland SWZ/9 11/18/2019 01/17/2020 cited in the first part of the heading; tarred macadam; granules, chippings and powder, of stones of heading 25.15 or 25.16, whether or not heat-treated (HS 2517); Residual products of the chemical or al- lied industries, not elsewhere specified or included; municipal waste; sewage sludge; other wastes specified in Note 6 to this Chapter (HS 3825); Re- covered (waste and scrap) paper or paperboard (HS 4707) Refrigerating appliances; household washing machines; household washer-dryers; household dish- washers; vacuum cleaner; light sources and separate control gear; electronic displ; refrigerating appliances with a direct sales function; external power CHE/240 11/25/2019 01/21/2020 Switzerland supplies; electric motors and variable speed drives; transformers; welding equipment; servers and data storage products; air heating products, cooling products, high temperature process chillers and fan coil units Steel bars for concrete reinforcement; Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel (HS 7213); Other bars and rods of iron or non-alloy steel, not further worked than TPKM/383/Add. forged, hot-rolled, hot-drawn or hot-extruded, but in- 11/06/2019 Not given Taiwan Economy 1 cluding those twisted after rolling (HS 7214); Other bars and rods of iron or non-alloy steel (HS 7215); Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel (HS 7228) TPKM/380/Add. 11/12/2019 Not given Food for human consumption Taiwan Economy 1 TPKM/373/Add. 11/11/2019 Not given Prepackaged Food Products Taiwan Economy 1

Taiwan Economy TPKM/391 11/11/2019 01/10/2020 Toys

Taiwan Economy TPKM/392 11/14/2019 01/13/2020 Prepackaged Food Grade Salt Products TPKM/369/Add. 11/18/2019 Not given Cosmetics Taiwan Economy 2 TPKM/364/Add. 11/21/2019 Not given Organic Agricultural Products Taiwan Economy 2

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TPKM/366/Add. 11/21/2019 Not given Organic agricultural products Taiwan Economy 2 TPKM/370/Add. 11/21/2019 Not given Organic agricultural products Taiwan Economy 2 TPKM/371/Add. 11/21/2019 Not given Organic agricultural products Taiwan Economy 2

Tanzania TZA/323 11/04/2019 1/03/2020 Spices and condiments (Natural Vanilla Extract) Paints and varnishes (Silk (sheen) emulsion paint TZA/324 11/04/2019 01/03/2020 Tanzania for interior use) Paints and varnishes (Gloss solvent borne paints TZA/325 11/04/2019 01/03/2020 Tanzania for interior and exterior use) Paints and varnishes (Semi-gloss (egg shell) sol- TZA/326 11/04/2019 01/03/2020 Tanzania vent borne paint)

Tanzania TZA/327 11/04/2019 01/03/2020 Paints and varnishes (Textured paints)

Tanzania TZA/328 11/04/2019 01/03/2020 Paints and varnishes (road marking paints)

Tanzania TZA/329 11/14/2019 01/13/2020 Bathing bars - Surface active agents

Tanzania TZA/330 11/14/2019 01/13/2020 Scouring compounds - Surface active agents

Tanzania TZA/331 11/14/2019 01/13/2020 Liquid detergents - Surface active agents

Tanzania TZA/332 11/14/2019 01/13/2020 Hand sanitizers - Surface active agents

Tanzania TZA/333 11/14/2019 01/13/2020 Antibacterial bathing bars - Surface active agents

Tanzania TZA/334 11/14/2019 01/13/2020 Coal - Protection against dangerous goods

Tanzania TZA/335 11/25/2019 01/24/2020 Edible oils and fats. Oilseeds (Desiccated coconut)

Tanzania TZA/336 11/25/2019 01/24/2020 Edible oils and fats. Oilseeds (desiccated coconut)

Tanzania TZA/337 11/25/2019 01/24/2020 Food additives (Baking powder)

Tanzania TZA/338 11/25/2019 01/24/2020 Food additives (Food grade sucralose)

Tanzania TZA/339 11/25/2019 01/24/2020 Food additives (Food grade aspartame)

Tanzania TZA/340 11/25/2019 01/24/2020 Food additives (Food grade saccharin)

Tanzania TZA/341 11/25/2019 01/24/2020 Food additives (Baker's yeast)

Tanzania TZA/342 11/25/2019 01/24/2020 Fruits and derived products (Raw cashew nut)

Tanzania TZA/343 11/25/2019 01/24/2020 Fruits and derived products (Raw cashew kernels) Fruits and derived products (Roasted cashew ker- TZA/344 11/25/2019 01/24/2020 Tanzania nels)

Tanzania TZA/345 11/25/2019 01/24/2020 Fruits and derived products (Cashew butter) Fruits and derived products (Raw macadamia ker- TZA/346 11/25/2019 01/24/2020 Tanzania nel) Fruits and derived products (Roasted macadamia TZA/347 11/25/2019 01/24/2020 Tanzania kernel)

Tanzania TZA/348 11/25/2019 01/24/2020 Fruits and derived products (Sesame (simsim))

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Tanzania TZA/349 11/25/2019 01/24/2020 Fruits and derived products (Chia seeds)

Thailand THA/559 11/06/2019 11/21/2019 Hazardous substances (Pesticides)

Thailand THA/560 11/14/2019 01/13/2020 Toys Hygienic or pharmaceutical articles (including Thailand THA/561 11/18/2019 01/17/2020 teats), of vulcanised rubber other than hard rubber, with or without fittings of hard rubber (HS 4014) Hygienic or pharmaceutical articles (including Thailand THA/562 11/19/2019 01/18/2020 teats), of vulcanised rubber other than hard rubber, with or without fittings of hard rubber (HS 4014)

Trinidad and Tobago TTO/121/Rev.1 11/13/2019 Not given Toys

Turkey TUR/62/Add.1 11/13/2019 Not given Vegetable oil The addition of vitamins and minerals and of certain TUR/78/Add.1 11/13/2019 Not given Turkey other substances to food Dry soybeans. Soya beans, whether or not broken. Uganda UGA/570/Add.2 11/04/2019 Not given (HS 1201), Soya beans, whether or not broken. (HS 120100) Sorghum flour. Cereal flours other than of wheat or UGA/571/Add.2 11/04/2019 Not given Uganda meslin (HS 1102) Millet flour. Cereal flours other than of wheat or UGA/572/Add.2 11/04/2019 Not given Uganda meslin (HS 1102) UGA/575/Rev.1/ 11/04/2019 Not given Milled maize (corn) products (HS 110220) Uganda Add.2 UGA/576/Rev.1/ 11/04/2019 Not given Wheat flour (HS 1101; 110100) Uganda Add.2

Uganda UGA/596/Add.2 11/04/2019 Not given Maize grains (HS 1005) Milled rice (Semi-milled or wholly milled rice, Uganda UGA/598/Add.2 11/04/2019 Not given whether or not polished or glazed (HS 100630), - Rice flour (HS 110230))

Uganda UGA/599/Add.2 11/04/2019 Not given Wheat grains (HS 1001) Dry roasted silver cyprinid. Fish, dried, salted or in brine; smoked fish, whether or not cooked before or UGA/756/Add.2 11/04/2019 Not given Uganda during the smoking process; flours, meals and pellets of fish, fit for human consumption (HS 0305)

Uganda UGA/757/Add.2 11/04/2019 Not given Dried fish maws

Uganda UGA/781/Add.3 11/04/2019 Not given Gaming equipment

Uganda UGA/782/Add.2 11/04/2019 Not given Gaming equipment

Uganda UGA/793/Add.2 11/04/2019 Not given Butcheries (HS 02)

Uganda UGA/794/Add.2 11/04/2019 Not given Abattoirs and slaughterhouses (HS 01) Domestic ungulates, ratite, domestic solipeds (HS UGA/795/Add.2 11/04/2019 Not given Uganda 01)

Uganda UGA/797/Add.2 11/04/2019 Not given Meat and edible meat offal (HS 02)

Uganda UGA/798/Add.2 11/04/2019 Not given Live animals (HS 01)

Uganda UGA/808/Add.2 11/04/2019 Not given Baking powder (HS 210230)

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Uganda UGA/809/Add.2 11/04/2019 Not given Saccharin (food grade) (HS 292511) Beeswax, Vegetable waxes (other than triglycer- Uganda UGA/811/Add.2 11/04/2019 Not given ides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured (HS 1521) Blended fertilizers; Fertilisers (HS 31). Fertilizers UGA/926/Add.2 11/04/2019 Not given Uganda (ICS 65.080). Organic-inorganic compound fertilizer; Fertilisers UGA/927/Add.2 11/04/2019 Not given Uganda (HS 31). Fertilizers (ICS 65.080). Compound microbial fertilizer; Fertilisers (HS 31). UGA/928/Add.2 11/04/2019 Not given Uganda Fertilizers (ICS 65.080).

Uganda UGA/1124 11/06/2019 01/05/2020 Table honey; Natural honey (HS 0409)

Uganda UGA/1125 11/06/2019 01/05/2020 Bee pollen; - Other (HS 210690)

Uganda UGA/1126 11/06/2019 01/05/2020 Bee propolis; - Other (HS 210690)

Uganda UGA/1127 11/06/2019 01/05/2020 Stingless bee honey; Natural honey (HS 0409)

Uganda UGA/1128 11/06/2019 01/05/2020 Beeswax; - Other (HS 152190) Baking powder; - Prepared baking powders (HS UGA/1129 11/06/2019 01/05/2020 Uganda 210230) Food grade sucralose; - Compounds containing an Uganda UGA/1130 11/06/2019 01/05/2020 unfused furan ring (whether or not hydrogenated) in the structure: (HS 29321)

Uganda UGA/1131 11/06/2019 01/05/2020 -- Saccharin and its salts (HS 292511)

Uganda UGA/1132 11/06/2019 01/05/2020 Baker's yeast; - Active yeasts (HS 210210) Zinc oxide surgical adhesive plaster; Instruments and appliances used in medical, surgical, dental or Uganda UGA/1133 11/21/2019 01/20/2020 veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight- testing instruments (HS 9018) Plastic basins; Tableware, kitchenware, other Uganda UGA/1134 11/21/2019 01/20/2019 household articles and toilet articles, of plastics (HS 3924)

Uganda UGA/1135 11/21/2019 01/20/2020 Plastics and articles thereof (HS 39)

Uganda UGA/1136 11/21/2019 01/20/2019 Beeswax for cosmetic industry; (HS: 1521) Food grade aspartame; - Other (HS 170490); - Cy- Uganda UGA/1137 11/21/2019 01/20/2020 clic amides (including cyclic carbamates) and their derivatives; salts thereof: (HS 29242)

Uganda UGA/1138 11/25/2019 01/24/2020 Raw cashew nut; -- In shell (HS 080131)

Uganda UGA/1139 11/25/2019 01/24/2020 Raw cashew kernels; -- Shelled (HS 080132) Roasted cashew kernels; -- Other, including mix- UGA/1140 11/25/2019 01/24/2020 Uganda tures (HS 200819)

Uganda UGA/1141 11/25/2019 01/24/2020 Cashew butter; - Butter (HS 040510)

Uganda UGA/1142 11/25/2019 01/24/2020 Raw macadamia kernel; - Other (HS 080290) Roasted macadamia kernel; -- Other, including mix- UGA/1143 11/25/2019 01/24/2020 Uganda tures (HS 200819)

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Uganda UGA/1144 11/25/2019 01/24/2020 Sesame seeds; - Sesamum seeds (HS 120740)

Uganda UGA/1145 11/25/2019 01/24/2020 Chia seeds; -- Other (HS 120799)

Ukraine UKR/156 11/04/2019 01/03/2020 Electrical and electronic equipment Fire suppression systems intended for engine com- ARE/465 11/21/2019 01/20/2019 United Arab Emirates partments USA/539/Rev.1/ 11/04/2019 Not given Toddler beds (HS 9404) United States Add.1 USA/622/Rev.1/ 11/04/2019 Not given Prepackaged food (HS 2101-2106) United States Add.1 United States USA/1448/Add.1 11/04/2019 Not given Appliance labeling United States USA/1510/Add.1 11/04/2019 Not given Renewable fuel standard program United States USA/1392/Add.3 11/04/2019 Not given Chemical substances United States USA/295/Rev.1 11/06/2019 Not given Indoor Air Cleaners United States USA/1545 11/06/2019 12/04/2019 Chemical substances Residential gas furnaces and boilers; - Boilers (HS 840310); Furnace burners for liquid fuel, for pulver- United States USA/1520/Add.1 11/13/2019 Not given ised solid fuel or for gas; mechanical stokers, including their mechanical grates, mechanical ash dischargers and similar appliances (HS 8416) United States USA/1546 11/13/2019 Not given Vapor products and flavors Packaging, tobacco products; Tobacco and manu- USA/1519/Add.1 11/14/2019 Not given United States factured tobacco substitutes (HS 24) United States USA/1285/Rev.1 11/18/2019 Not given Infant inclined sleep products Helicopters; Other aircraft (for example, helicopters, airplanes); spacecraft (including satellites) and sub- USA/1547 11/19/2019 12/16/2019 United States orbital and spacecraft launch vehicles (HS 8802); Quality, Aircraft and space vehicles in general Transport airplanes; Other aircraft (for example, helicopters, airplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles USA/1548 11/19/2019 Not given United States (HS 8802); Quality, Air transport, Plugs, socket-out- lets, couplers, Aircraft and space vehicles in general Product-safety testing and certification services; Services , Quality, Medical equipment, Occupa- United States USA/1549 11/19/2019 Not given tional safety. Industrial hygiene, Electrical and electronic testing, Chemical laboratories. Laboratory equipment Microwave ovens; - Microwave ovens (HS 851650); United States USA/1550 11/19/2019 01/13/2020 Environmental protection, Test conditions and procedures in general, Kitchen equipment Residential refrigerators, refrigerator-freezers and USA/583/Add.2 11/20/2019 Not given United States freezers (HS 8418.10-29, 8418.30-69) Stationary compression ignition internal combustion USA/1499/Add.3 11/20/2019 Not given United States engines (HS 8407) USA/1393/Add.3 11/25/2019 Not given Chemical substances United States /Corr.1 United States USA/1551 11/25/2019 11/29/2019 Vaping products

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Viet Nam VNM/154 11/18/2019 01/17/2020 Imported motor vehicles Food grade salt (sodium chloride); Salt (including table salt and denatured salt) and pure sodium Viet Nam VNM/155 11/19/2019 01/18/2020 chloride, whether or not in aqueous solution or containing added anti-caking or free-flowing agents; sea water (HS 2501) Pure salt (sodium chloride); Salt (including table salt and denatured salt) and pure sodium chloride, Viet Nam VNM/156 11/19/2019 01/18/2020 whether or not in aqueous solution or containing added anti-caking or free-flowing agents; sea water (HS 2501)

Viet Nam VNM/157 11/19/2019 12/19/2019 Construction materials in general

Viet Nam VNM/116/Add.1 11/25/2019 Not given Car, Truck, Bus

Yemen YEM/166 11/20/2019 01/19/2020 Textile fabrics (ladies polyester)

CBSA Advance Rulings

The following table lists advance rulings posted by the Canada Border Ser- vices Agency (CBSA). In September of 2014, the CBSA enhanced the Ad- vance Ruling (Tariff Classification and Origin) and National Customs Ruling programs by publishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.

It is important to note that rulings are binding only between the CBSA and the applicant. While posted rulings are for reference purposes only, they provide meaningful guidance and help other importers in complying with Canada's trade legislation. Click on the “Merchandise” listing to see full text of the posted ruling.

TRS Date Merchandise Tariff Classification and Basis Number 9506.99.90.99 [GIR 1, 6; Chap 95 LN 3, 11-15-17 278965 CoverSkate Chap 64 LN 1(f), Sec. XI LN 1(t)] So Delicious Low Fat CocoWhip, SKU 103310 and So Deli- 01-19-18 279747 2106.90.39.10 [GIR 1, 6] cious CocoWhip, SKU 103309 02-06-18 279916 Novocart® 3D (FR700U) 3001.90.00.20 [GIR 1, 6] 2005.70.10.00 [GIR 1, 6; CR 1; EN 04-10-18 280142 Pitted Black Olives in tin cans, Product #12-1200535 Chap 7; Chap.20 LN 3] 9019.10.00.10 [GIR 1, 3(b), 6; EN 04-25-18 280057 TR-80, TR-65, TR-55, TR-50, TR-30 massage chairs 94.01, 90.19] 05-03-18 280150 Article # 3064476 - Plastic Over Cabinet / Door Storage Bin 3924.90.00.99 [GIR 1, 6; EN 39.23, .24] HDPE Mesh Bags, Items MO-FWBLK 20″ X 24″ and 24″ X 6305.39.00.00 [GIR 1, 6;Sec. XI LN 05-03-18 280259 24″ 1(g), N 7(f); EN 63.05] SHIMANO STEPS - Integrated Type Battery for Down Tube, 8507.60.90.00 [GIR 1, 6; Chap.85 LN 3; 08-10-18 280868 Product no. BT-E8020 Sec. XVII LN 2(f); Sec. XVI LN 2(a)] 10-01-18 280625 WT1500 Wheel Trolley and WTA500 Wheel Trolley 8428.90.00.90 [GIR 1, 6; EN 84.28]

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8483454-v3\WASDMS Baker McKenzie CBP Rulings: Downloads and Searches

As US Customs and Border Protection (CBP) issues several thousand rulings a year, it is not practical to list each ruling. However, almost all rulings issued by US Customs or CBP from 1993 to the present and many issued before 1993 are available for search and downloading using the CROSS search engine. Over 190,000 such rulings are in the database. CBP Rulings: Revocations or Modifications

The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise.

Published in Ruling(s) to be Old Classifi- Comments CBP Bulletin New Classification or Product(s) or Issue(s) Modified (M) or cation or Po- New Ruling Due (C) or Ef- (P) Proposed Position Revoked (R) sition fective Date (E) (A) Action

Proposed Revocations/modifications HQ 950007 NY N257834 Remove essential char- NY N257469 acter discussion and Tariff classifi- NY N243946 base classification on cation based NY N242436 GRI 1 – original tariff on essential NY N235714 M classification is correct character and NY N208296 use of GRI NY N173438 [GRI 1; Sec. XI sub- 3(b) NY N138899 heading Note 2; ENs to NY N138900 Chaps. 61,62] NY N043115 Parenthetical describes the term “overlay” Remove the parenthe- as that tical that inaccurately de- HQ 960960 M “(which is scribes the term “over- merely a dec- lay.” Classification is cor- Tariff classification of gar- orative addi- rect (P) 11-06-19 HQ H270389 (C) 12-06-19 ments with overlays tion to the garment).” 6110.30.30 [Sec. XI subheading Note 2(B)(a)] Pullover body Apply GRI 3(b) with the imparts the NY N255267 essential character be- R essential ing imparted by the open character: work knit fabric overlay 6110.20.2079 rather than the body fabric: Classify on the basis of 6110.20.20 [GRI 1] its overlay Properly classified on fabric by ap- NY N254620 R the basis of its knit body plying GRI fabric rather than on the 3(c) basis of its overlay fabric 6211.32.0081 6211.33.0061

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Tariff classification re- Means of clo- Tariff classification of mains unchanged NY N019202 sure is neces- women’s shirts with partial [Chap 61 N 9] Remove NY N018064 M sary for gar- HQ H304882 openings and no means of the language indicating NY M80970 ments of closure that a means of closure heading 6106 is necessary. NY N249630 R Tariff classification of pump 8424.89.90 [GRI 1, 6; (P) 11-20-19 NY N299353 or 8424.20.1000 HQ H305296 (C) 12-20-19 dispensers EN 84.24(B)] NY N298787 M Revocations/Modifications Tariff classification of the 3 (A) 11-06-19 NY N248177 R 8516.79.00 HQ H293445 8477.80.00 [GRI 1] (E) 01-06-20 Doodler Create Pen Set Tariff classification of anti- 8541.40.60 [GRI 1, 2(a), reflection coated silicon HQ 957189 R 8541.90.00 HQ H301201 6] wafers. Each pill case Only the outermost must be container must be Country of origin for mark- marked – ulti- marked as ultimate NY N153956 M HQ H303064 ing purposes of a pill case mate pur- purchaser is pharma. (A) 11-20-19 (E) 01-20-20 chaser is con- company - 19 C.F.R. § sumer 134.24(b) NAFTA coun- Determination for 232, Country of origin of steel try of origin 302 and 201 requires re- tubing subject to Sec. 232 NY N298549 R rule for mark- HQ H301494 quires a substantial duties ing and duty transformation analysis: purposes: US US origin found.

Amendments to the CN Explanatory Notes

The table below shows amendments to the explanatory notes to the Com- bined Nomenclature of the European Union that were published in the Official Journal during the period covered by this International Trade Compliance Up- date.

Official Journal Page or CN code Description of Articles

Subheadings 9503 00 35 and 9503 00 39: Insert text and photographs as second para- 2019/C 387/04 Pg 412; 9503 graph to the explanatory note [to include building blocks] 15-11-19 New text and photograph are inserted: ‘9503 00 61 and 9503 00 69 Puzzles…’ Pg. 413; 9503 New text and photograph are inserted: ‘9503 00 95 and 9503 00 99 Other

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.

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Inv. № Commodity Action

Certain Color Intraoral Scanners and Re- Notice of a Commission Determination Finding No Violation of 337–TA–1091 lated Hardware and Software Section 337; Termination of the Investigation Certain Infotainment Systems, Components 337–TA–1119 Thereof, and Automobiles Containing the Notice of Request for Statements on the Public Interest Same Commission Determination to Vacate the Domestic Industry Find- ing as to One Asserted Patent; Remand the Investigation in Part to Certain Earpiece Devices and Components the Presiding Administrative Law Judge for Further Proceedings as 337–TA–1121 Thereof to That Asserted Patent; and Extend the Target Date; Issuance of a General Exclusion Order, A Limited Exclusion Order, and Cease and Desist Orders as to the Other Five Asserted Patents Commission Determination Not To Review an Initial Determination Certain Height-Adjustable Desk Platforms Granting in Part a Motion for Summary Determination; Schedule 337–TA–1125 and Components Thereof for Filing Written Submissions on Remedy, the Public Interest, and Bonding Certain Water Filters and Components Issuance of a General Exclusion Order and Cease and Desist Or- 337–TA–1126 Thereof ders; Termination of the Investigation Commission Decision to Review a Final Initial Determination in Its Certain Beverage Dispensing Systems and 337–TA–1130 Entirety; Schedule for Filing Written Submissions on the Issues Components Thereof Under Review and on Remedy, the Public Interest, and Bonding Certain Motorized Vehicles and Compo- 337–TA–1137 Notice of Request for Statements on the Public Interest nents Thereof Commission Determination Not To Review an Initial Determination Certain Light-Emitting Diode Products, Sys- 337–TA–1163 Terminating the Investigation in Its Entirety; Termination of Investi- tems, and Components Thereof (I) gation Notice of a Commission Determination Not to Review an Initial De- 337–TA–1100 Certain Reload Cartridges for Laparoscopic termination Granting Complainants’ Unopposed Motion to Amend 337–TA–1167 Surgical Staplers the Complaint, Case Caption, and Notice of Investigation [CORRECTED INV. NO.] Certain Lithium-Ion Battery Cells, Battery Institution of an investigation based on a complaint, as supple- Modules, Battery Packs, Components 337–TA–1181 mented, filed on behalf of LG Chem, Ltd.; LG Chem Michigan Inc.; Thereof, and Products Containing the and Toray Industries, Inc. alleging patent infringement Same Certain Argon Plasma Coagulation System Institution of an investigation based on a complaint filed on behalf Probes, Their Components, and Other Ar- 337–TA–1182 of Erbe Elektromedizin GmbH and Erbe USA, Inc. alleging patent gon Plasm Coagulation System Compo- infringement nents for Use Therewith Certain Foldable Reusable Drinking Straws Institution of an investigation based on a complaint filed on behalf 337–TA–1183 and Components and Accessories Thereof of The Final Co. LLC alleging patent infringement Certain Shaker Screens for Drilling Fluids, Institution of an investigation based on a complaint filed on behalf 337–TA–1184 Components Thereof, and Related Market- of M-I L.L.C. alleging patent infringement ing Materials Certain Smart Thermostats, Smart HVAC Institution of an investigation based on a complaint filed on behalf 337–TA–1185 Systems, and Components Thereof of EcoFactor, Inc. alleging patent infringement Institution of an investigation based on a complaint filed on behalf Certain Balanced Armature Devices, Prod- of Knowles Corporation; Knowles Electronics, LLC; and Knowles 337–TA–1186 ucts Containing Same, and Components Electronics (Suzhou) Co., Ltd. alleging misappropriation of trade Thereof secrets, the threat or effect of which is to destroy or substantially injure a domestic industry

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:

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Ref. № Commodity Complaint filed on behalf of:

Certain Electronic Devices with Optical Filters and Optical Sensor DN 3419 Viavi Solutions Inc. Systems and Components Thereof Dissolving Microneedle Patch Technology for Cosmetic and Phar- DN 3420 TheraJect, Inc. maceutical Use

Antidumping, Countervailing Duty and Safe- guards Investigations, Orders & Reviews

In order to assist our clients in planning, we are listing antidumping, countervailing duty and safeguards notices published or posted during the past month from the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasion- ally other countries. (Click on blue text for link to official document.)

Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or subsidy; LTFV=less than fair value.

WTO Safeguard Notifications

Notification № Member Merchandise Action

G/SG/N/6/IDN/34 Indonesia Fructose syrop Initiation of a safeguard investigation G/SG/N/6/IND/47 India Isopropyl alcohol Initiation of a safeguard investigation

United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

Carbon and Alloy Seamless Standard, Line A–485–805 and Pressure Pipe (Under 4.5 Inches) From Partial Rescission of ADD Administrative Review; 2018–2019 Romania Certain Passenger Vehicle and Light Truck CVD Administrative Review, Correction of Notification of Rescis- C–570–017 Tires From China sion, in Part, 2017 Certain Malleable Cast Iron Pipe Fittings From A–570–881 Final Results of Expedited Third Sunset Review of the ADD Order China A–570–601 Tapered Roller Bearings From China Rescission of ADD Administrative Review; 2018–2019 A–570–112 Preliminary Affirmative Determinations of Critical Circumstances in Certain Collated Steel Staples From China C–570–113 the AD and CVD Investigations A–533–824 Polyethylene Terephthalate Film, Sheet and Final Results of the Expedited Third Sunset Reviews of the ADD A–583–837 Strip From India and Taiwan Orders Polyethylene Terephthalate Film, Sheet, and C–533–825 Final Results of the Expedited Sunset Review of the CVD Order Strip From India Certain Cold Drawn Mechanical Tubing of Car- A–475–838 Partial Rescission of ADD Administrative Review; 2017-2019 bon and Alloy Steel From Italy Certain Cold-Rolled Steel Flat Products From A–412–824 Final Results of ADD Administrative Review; 2017-2018 the United Kingdom Certain New Pneumatic Off-the-Road Tires A–570–912 Final Results of ADD Administrative Review; 2017-2018 From China Certain Cold-Drawn Mechanical Tubing of Car- A–441–801 Rescission of ADD Administrative Review: 2017-2019 bon and Alloy Steel From Switzerland

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

Certain Cold-Drawn Mechanical Tubing of Car- A–428–845 Rescission of ADD Administrative Review: 2017- 2019 bon and Alloy Steel From Germany Certain Cold-Rolled Steel Flat Products From C–580–882 Preliminary Results of CVD Administrative Review; 2017 S. Korea A–560–828 Certain Uncoated Paper From Indonesia Preliminary Results of ADD Administrative Review; 2018-2019 C–560–829 Uncoated Paper From Indonesia Preliminary Results of CVD Administrative Review; 2018 Preliminary Affirmative Determination of Sales at LTFV, Prelimi- nary Negative Determination of Critical Circumstances, Postpone- A–122–866 Sodium Sulfate Anhydrous From Canada ment of Final Determination, and Extension of Provisional Measures Preliminary Affirmative CVD Determination, and Alignment of Final C–570–113 Certain Collated Steel Staples From China Determination with Final ADD Determination C–552–819 Certain Steel Nails From Vietnam Rescission of CVD Administrative Review; 2018 Final Results of the Semiannual ADD New Shipper Review of A–570–831 Fresh Garlic From China Jinxiang Infang Fruit & Vegetable Co., Ltd. A–570–051 Hardwood Plywood Products From China Rescission of ADD New Shipper Review; 2019; Correction A–570–943 Oil Country Tubular Goods From China Rescission of ADD Administrative Review; 2018-2019 Preliminary Results of ADD Administrative Review, Preliminary A–533–843 Certain Lined Paper Products From India Determination of No Shipments; 2017-2018 Emulsion Styrene-Butadiene Rubber From A–351–849 Preliminary Results of ADD Administrative Review; 2017-2018 Brazil Preliminary Affirmative Determination of Sales at LTFV Preliminary A–570–108 Ceramic Tile From China Negative Critical Circumstances Determination, and Postpone- ment of Final Determination Wooden Cabinets and Vanities and Compo- A–570–106 Amended Preliminary Determination of Sales at LTFV nents Thereof Certain Oil Country Tubular Goods From Vi- A–552–817 Preliminary Results of ADD Administrative Review etnam A–533–840 Certain Frozen Warmwater Shrimp From India Rescission of ADD Administrative Review; 2018-2019, in Part Certain Hardwood Plywood Products From A–570–051 Partial Rescission of ADD Administrative Review; 2017-2018 China Crystalline Silicon Photovoltaic Cells, Whether Notice of Correction to the Final Results of the 2016-2017 ADD A–570–979 or Not Assembled Into Modules, From China Administrative Review A–475–835 Finished Carbon Steel Flanges From Italy Rescission of ADD Administrative Review; 2018–2019 Certain Cold Rolled Steel Flat Products From A–580–881 Preliminary Results of ADD Administrative Review; 2017– 2018 S. Korea Heavy Walled Rectangular Welded Carbon Preliminary Results of ADD Administrative Review and Preliminary A–201–847 Steel Pipes and Tubes From Mexico Determination of No Shipments; 2017–2018 Certain New Pneumatic Off-The-Road Tires Preliminary Results and Partial Rescission of the CVD Administra- C–570–913 From China tive Review; 2017 Heavy Walled Rectangular Welded Carbon A–580–880 Preliminary Results of ADD Administrative Review; 2017–2018 Steel Pipes and Tubes From S. Korea Certain Oil Country Tubular Goods From S. A–580–870 Preliminary Results of ADD Administrative Review; 2017– 2018 Korea A–588–854 Certain Tin Mill Products From Japan Rescission of ADD Administrative Review; 2018–2019 Final Affirmative CVD Determination and Final Affirmative Determi- C–570–098 Polyester Textured Yarn From China nation of Critical Circumstances Final Determination of Sales at LTFV, and Final Affirmative Deter- A–570–097 Polyester Textured Yarn From China mination of Critical Circumstances C–533–886 Polyester Textured Yarn From India Final Affirmative CVD Determination A–533–885 Polyester Textured Yarn From India Final Determination of Sales at LTFV

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United States Department of Commerce, International Trade Administration (ITA)

Case № Merchandise/Country Action

A–471–807 Certain Uncoated Paper From Portugal Final Results of ADD Administrative Review; 2017– 2018 Circular Welded Carbon Steel Pipes and Final Results of ADD Administrative Review and Final Determina- A–549–502 Tubes From Thailand tion of No Shipments; 2017– 2018 Diffusion-Annealed, Nickel-Plated Flat Rolled Final Results of the ADD Administrative Review and Final Determi- A–588–869 Steel Products From Japan nation of No Shipments; 2017– 2018 Certain Carbon and Alloy Steel Cut-to-Length A–427–828 Final Results of ADD Administrative Review; 2016–2018 Plate From France Amended Preliminary Affirmative CVD Determination, Preliminary C–533–890 Certain Quartz Surface Products From India Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final ADD Determination A–570–062 Initiation and Preliminary Results of Changed Circumstances Re- Cast Iron Soil Pipe Fittings From China C–570–063 views Emulsion Styrene-Butadiene Rubber From A–201–848 Preliminary Results of ADD Administrative Review; 2017-2018 Mexico Emulsion Styrene-Butadiene Rubber From Po- A–455–805 Final Results of ADD Administrative Review; 2017-2018 land C–533–-892 Forged Steel Fittings From India Initiation of CVD Investigation A–533–891 Forged Steel Fittings From India and S. Korea Initiation of LTFV Investigations A–580–904 Certain Carbon and Alloy Steel Cut-To-Length Notice of Court Decision Not in Harmony with Final CVD Determi- C–580–888 Plate From S. Korea nation, and Notice of Amended Final CVD Determination Certain Circular Welded Carbon Steel Pipes A–583–008 Partial Rescission of ADD Administrative Review; 2018-2019 and Tubes From Taiwan Certain Frozen Warmwater Shrimp From Vi- Final Results and Final Determination of No Shipments of ADD A–552–802 etnam Administrative Review; 2018-2019 Heavy Walled Rectangular Welded Carbon Final Results of ADD Administrative Review and Final Determina- A–489–824 Steel Pipes and Tubes From Turkey tion of No Shipments; 2017-2018 Final Results and No Shipments Determination of ADD Adminis- A–533–857 Oil Country Tubular Goods From India trative Review; 2017-2018 A–523–810 Polyethylene Terephthalate Resin From Oman Final Results of ADD Administrative Review; 2017-2018 Final Results of ADD Administrative Review and Final Determina- A–570–985 Xanthan Gum From China tion of No Shipments; 2017–2018 Emulsion Styrene-Butadiene Rubber From S. A–580–890 Preliminary Results of ADD Administrative Review; 2017-2018 Korea Fine Denier Polyester Staple Fiber From S. Ko- A–580–893 Amended Final Results of ADD Changed Circumstances Review rea Correction to the Preliminary Results of ADD Administrative Re- A–580–867 Large Power Transformers From S. Korea view; 2017-2018 A–433–813 Strontium Chromate From Austria and France ADD Orders A–427–830 A–570–051 Certain Hardwood Plywood Products From Affirmative Final Determination of Circumvention of the AD and C–570–052 China CVD Orders A–570–932 Certain Steel Threaded Rod From China Final Results of the Expedited Sunset Review of the ADD Order C–508–813 Magnesium From Israel Final Affirmative CVD Determination A–508–812 Magnesium From Israel Final Affirmative Determination of Sales at LTFV

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United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

Non-Oriented Electrical Steel From 701–TA–506, 508 China, Germany, Japan, Korea, [REVIEW] Institution of Five-Year Reviews 731–TA–1238–1243 Sweden, and Taiwan 701–TA–610 Refillable Stainless Steel Kegs [FINAL] Supplemental Schedule for the Final Phase of AD and CVD 731–TA–1425-1426 From China and Germany Investigations [PRELIMINARY] Determinations: reasonable indication that an industry 701–TA–630 in the United States is materially injured by reason of imports that are Glass Containers From China 731– TA–1462 alleged to be sold in the United States at LTFV and to be subsidized by the government of China [THIRD REVIEW] Determination that revocation of the ADD order would Malleable Iron Pipe Fittings From 731–TA–1021 be likely to lead to continuation or recurrence of material injury to an China industry in the United States within a reasonably foreseeable time. [REVIEW] [SECOND REVIEW] Determinations that revocation of the ADD 731–TA–1210–1212 Welded Stainless Steel Pressure and CVD orders (China) and ADD orders (Malaysia, Thailand, and 701–TA–454 Pipe From China, Malaysia, Thai- Vietnam) would be likely to lead to continuation or recurrence of ma- 731–TA–1144 land, and Vietnam terial injury to an industry in the United States within a reasonably foreseeable time Strontium Chromate from Austria [FINAL] Determinations that an industry in the United States is materi- 731–TA–1422-1423 and France ally injured by imports that Commerce found to be sold at LTFV 701–TA–513 Sugar From Mexico [Review] Institution of Five-Year Reviews 731–TA–1249

Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

Hot-rolled carbon steel plate and high-strength low-alloy LE-2019-003 Notice of Expiry of Order on Jan. 29, 2020 steel plate originating in or exported from Ukraine Dumping and Subsidizing: corrosion-resistant flat-rolled steel sheet products of carbon steel originating in or ex- PI-2019-002 Notice of Commencement of Preliminary Injury Inquiry ported from Turkey, Vietnam, and the United Arab Emir- ates Determination that there is evidence that discloses a Certain Sucker Rods originating in or exported from Ar- PI-2019-001 reasonable indication that the dumping of the subject gentina, Brazil and Mexico goods has caused or is threatening to cause injury

Canada Border Services Agency (CBSA)

Ref. Number Merchandise/Country Action

Dumping and Subsidizing of certain corrosion-resistant Notice of Initiation of Investigations and State- COR2 2019 IN steel sheet from Turkey, the United Arab Emirates and Vi- ment of Reasons etnam Notice of Conclusion of Re-investigation of nor- Certain carbon steel fasteners originating in or exported FAS 2019 RI mal values, export prices and amount of Chinese from China and Chinese Taipei subsidy Certain dry wheat pasta originating in or exported from Tur- DWP 2019 RI Notice of Re-investigation key

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NAFTA Panels

Case Number Merchandise/Country Action No NAFTA Panels this period

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action Resolution accepting the interested party's request and declaring 14/19 Bottle-type hydraulic jacks originating in China the initiation of the anti-dumping investigation Resolution Final examination of the validity of the commitments EC 06/18 Cold rolled foil originating in the South Korea assumed by exporters POSCO and Hyundai Hysco Co. Ltd EC 18/19 Steel nails for concrete originating in China Resolution declaring the beginning of the review of the ADD Flat steel products stainless originating in 02/19 Preliminary resolution in the ADD investigation China and Chinese Taipei

European Union

Reference Merchandise/Country Action

Certain prepared or preserved citrus Commission Implementing Regulation amending Commission Imple- (EU) 2019/1860 fruits (namely mandarins, etc.) origi- menting Regulation imposing a definitive ADD following an expiry re- nating in China view Certain polyvinyl alcohols originating in 2019/C 378/08 Notice clarifying the Notice of initiation of an AD proceeding China Corrigendum to Commission Implementing Regulation amending Im- (EU) 2019/1706 High tenacity yarns of polyesters origi- plementing Regulation imposing a definitive ADD following an expiry Corrigendum nating in China review Commission Implementing Regulation initiating an investigation con- Certain corrosion resistant steels origi- (EU) 2019/1948 cerning possible circumvention of AD measures and making such im- nating in China ports subject to registration Commission Implementing Regulation making certain imports subject to registration following the re-opening of the investigation in order to Threaded tube or pipe cast fittings, of implement the judgment of 20 September 2019, in case T-650/17, (EU) 2019/1982 malleable cast iron and spheroidal with regard to Implementing Regulation (EU) 2017/1146 re-imposing graphite cast iron originating in China a definitive ADD on imports manufactured by Jinan Meide Castings Co., Ltd Threaded tube or pipe cast fittings, of Notice of re-opening the investigation following the judgment of 20 2019/C 403/03 malleable cast iron and spheroidal September 2019, in Case T‑650/17 graphite cast iron, originating in China

Australian Anti-Dumping Commission

Notice № Case № Merchandise/Country Action

Hot rolled structural steel sections /Ja- 2019/125 499 Findings in relation to Review 499 pan, Korea, Taiwan, Thailand Hot rolled structural steel sections / Ja- 2019/126 505 Findings in relation to Continuation 505 pan, Korea, Taiwan, Thailand Power transformers / Indonesia, Taiwan, Findings of the Continuation Inquiry No. 504 into Anti-Dumping 2019/127 504 Thailand Measures

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Australian Anti-Dumping Commission

Notice № Case № Merchandise/Country Action

Extension of time granted to issue the Statement of Essential 2019/133 520 Grinding balls / China Facts and Final Report 2019/135 531 Aluminium extrusions / China Initiation of Accelerated Review 531 2019/137 525 Aluminium extrusions / Malaysia Termination of Accelerated Review 2019/138 Aluminium extrusions /China Expiry of Measures 2019/140 Various Monthly Status Report - October 2019 2019/141 532 Hollow structural sections / Thailand Initiation of Continuation Inquiry 2019/142 533 Grinding balls / China Initiation of an Accelerated Review

China Ministry of Commerce (MOFCOM)

Ref. № Merchandise/Country Action

Methyl Ethyl Ketone Originating in Japan and 51, 2019 Terminating the AD Final Review Investigation Taiwan 7-Phenylacetamino-3-chloromethyl-4-cephe- 53, 2019 Postponement of the AD Case manic Acid p-methoxybenzyl ester from India 7-Phenylacetamino-3-chloromethyl-4-cefa- 54, 2019 Postponement of the CV Case noic acid p-methoxybenzyl ester from India 50, 2019 Pyridine from India and Japan Terminating the AD Final Review Investigation

Government of India Ministry of Finance (Department of Revenue)

Notification № Merchandise/Country Action

43/2019-Cus (ADD) Jute Products namely, Jute Yarn/ Twine (multiple Rescinds notification providing for imposition of 11-11-19 folded/ cabled and single), Hessian fabric, and Jute provisional ADD on New Shipper 44/2019-Cus (ADD) sacking bags originating in or exported from Bangla- Notifies rate of ADD imposed on New Shipper 11-11-19 desh and Nepal

Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

INITIATIONS (SG) 06/2019 Initiates Safeguard (Quantitative Restrictions) In- Isopropyl Alcohol imported into India 04-11-19 vestigation 6/17/2019-DGTR Fiberboards originating in or exported from Indone- Initiates Anti-Subsidy Investigation 05-11-19 sia, Malaysia, Sri Lanka, Thailand and Vietnam Polybutadiene Rubber originating in or exported from 22/7/2019-DGTR Korea RP under India-Korea Comprehensive Eco- Initiates Bilateral Safeguard Investigation 07-11-19 nomic Partnership Agreement (Bilateral Safeguard Measures) Rules, 2017 7/22/2019-DGTR Nylon Tyre Cord Fabric originating in or exported Initiates Sunset Review in AD Investigation 21-11-19 from China PR ORAL HEARINGS 22/5/2019-DGTR Schedules oral hearing in Safeguard Investigation Single Mode Optical Fiber imported into India 07-11-19 on 21 November, 2019

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Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

7/17/2019-DGTR Glass Fibre and articles thereof originating in or ex- Reschedules oral hearing in Mid Term Review of 19-11-19 ported from China PR AD Investigation on 3 December, 2019 22/3/2019-DGTR Schedules oral hearing in Safeguard Investigation Phenol imported into India 20-11-19 on 4 December, 2019 Polystyrene of all types except expandable Polysty- Schedules second oral hearing in AD Investigation 6/10/2019-DGTR rene originating in or exported from Iran, Malaysia, on 11 December, 2019 pursuant to change of the 25-11-19 Singapore, Chinese Taipei, UAE and USA Designated Authority Refined Bleached Deodorised Palmolein and Re- fined Bleached Deodorised Palm Oil originating in or Schedules second oral hearing in Bilateral Safe- 22/04/2019-DGTR exported from Malaysia under India-Malaysia Com- guard Investigation on 11 December, 2019 pursu- 25-11-19 prehensive Economic Cooperation Agreement (Bilat- ant to change of the Designated Authority eral Safeguard Measures) Rules, 2017 Aluminium and Zinc coated flat products originating Schedules second oral hearing in AD Investigation 6/4/2019-DGTR in or exported from China PR, Vietnam and Korea on 4 December, 2019 pursuant to change of the 25-11-19 RP Designated Authority Schedules second oral hearing in AD Investigation 6/11/2019-DGTR Multi Filament Yarn originating in or exported from on 5 December, 2019 pursuant to change of the 25-11-19 China PR, Taiwan, Thailand and Korea RP Designated Authority Chlorinated Polyvinyl Chloride (CPVC) Resin- Schedules second oral hearing in AD Investigation 6/3/2019-DGTR whether or not further processed into compound orig- on 3 December, 2019 pursuant to change of the 25-11-19 inating in or exported from China PR and Korea RP Designated Authority Coated/ plated tin mill flat rolled steel products origi- Schedules second oral hearing in AD Investigation 6/9/2019-DGTR nating in or exported from European Union, Japan, on 6 December, 2019 pursuant to change of the 25-11-19 USA and Korea RP Designated Authority Cold-Rolled Flat Products of Stainless-Steel originat- Schedules second oral hearing in Anti-Circumven- 14/1/2014-DGAD (Pt) ing in or exported from China PR, Korea RP, Euro- tion Investigation on 3 December, 2019 pursuant 25-11-19 pean Union, South Africa, Taiwan, Thailand and USA to change of the Designated Authority Schedules second oral hearing in AD Investigation 6/7/2019-DGTRD (Pt) Digital Offset Printing Plates originating in or ex- on 5 December, 2019 pursuant to change of the 25-11-19 ported from China PR, Korea, Taiwan and Vietnam Designated Authority Schedules second oral hearing in Sunset Review 7/9/2019-DGTR Acetone originating in or exported from Korea RP, Investigation on 6 December, 2019 pursuant to 25-11-19 Taiwan, Saudi Arabia change of the Designated Authority Schedules second oral hearing in Mid-Term Re- 7/11/2019-DGTR Di Methyl Acetamide (DMAC) originating in or ex- view Investigation on 5 December, 2019 pursuant 25-11-19 ported from China PR and Turkey to change of the Designated Authority Flat Rolled Products of Stainless-Steel originating in or exported from China PR, Korea RP, European Un- Schedules second oral hearing in AD Investigation 6/12/2019-DGTR ion, Japan, Taiwan, Indonesia, USA, Thailand, South on 12 December, 2019 pursuant to change of the 25-11-19 Africa, UAE, Hong Kong, Singapore, Mexico, Vi- Designated Authority etnam and Malaysia Schedules second oral hearing in Sunset Review 7/10/2019-DGTR Sheet Glass originating in or exported from China PR in AD Investigation on 18 December, 2019 pursu- 26-11-19 ant to change of the Designated Authority Flexible Slabstock Polyol originating in or exported Schedules second oral hearing in Sunset Review 7/12/2019-DGTR from Singapore in AD Investigation on 18 December, 2019 pursu- 26-11-19 ant to change of the Designated Authority FINAL FINDINGS Continuous Cast Copper Wire Rods originating in or 6/17/2018-DGAD exported from Indonesia, Malaysia, Thailand and Vi- Final Findings issued in Anti-Subsidy Investigation 05-11-19 etnam

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Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

Clear Float Glass originating in or exported from Pa- 7/3/2019-DGTR Final Findings issued in Sunset Review in AD In- kistan, Saudi Arabia and United Arab Emirates 07-11-19 vestigation (UAE) 15/06/2016-DGAD Sodium Nitrite originating in or exported from China Final Findings issued in AD Investigation 08-11-19 PR OTHERS 7/15/2019-DGTR Proposes final Product Control Number (PCN) 04-11-19 Methodology in Sunset Review of AD Investigation Electronic Calculators originating in or exported from Time for filing questionnaire response in Sunset 7/15/2019-DGTR China PR Review of AD Investigation extended until 18 No- 04-11-19 vember, 2019 6/22/2019-DGTR Electronic Calculators originating in or exported from Proposes final Product Control Number (PCN) 04-11-19 Malaysia Methodology in AD Investigation 6/23/2019-DGTR Faced Glass Wool in rolls originating in or exported Time for filing questionnaire response in AD Inves- 04-11-19 from China PR tigation extended until 22 November, 2019 Questionnaire forms issued for Importers, Govern- ment and Exporters in Anti-Subsidy Investigation Styrene Butadiene Rubber originating in or exported 05-11-19 Importer's Questionnaire from Korea RP Government's Questionnaire Exporter's Questionnaire Phthalic Anhydride originating in or exported from Time for filing questionnaire response in Bilateral 22/8/2019-DGTR Korea RP under India-Korea Comprehensive Eco- Safeguard Investigation extended until 30 Novem- 06-11-19 nomic Partnership Agreement (Bilateral Safeguard ber, 2019 Measures) Rules, 2017 22/5/2019-DGTR Preliminary Findings issued in Safeguard Investi- 06-11-19 gation Single Mode Optical Fiber imported into India Time for filing questionnaire response in Safe- 22/5/2019-DGTR guard Investigation extended until 15 November, 07-11-19 2019 Time for filing questionnaire response in Sunset 7/18/2019-DGTR Acrylic Fiber originating in or exported from Thailand Review of AD Investigation extended until 3 De- 08-11-19 cember, 2019 Cold Rolled Flat Products of Stainless-Steel originat- 15/4/2014-DGAD ing in or exported from China PR, Korea, European 08-11-19 Union, South Africa, Taiwan, Thailand and USA Name of exporter changed Styrene Butadiene Rubber of 1500 series and 1700 14/10/2015-DGAD series originating in or exported from European Un- 08-11-19 ion, Korea RP or Thailand Questionnaire forms issued for Importers, Govern- ment and Exporters in Anti-Subsidy Investigation Fiberboards originating in or exported from Indone- 11-11-19 Importer's Questionnaire sia, Malaysia, Sri Lanka, Thailand and Vietnam Government's Questionnaire Exporter's Questionnaire Questionnaire forms issued for Importers, Domes- tic Producer and Exporters in Safeguard (Quantita- 15-11-19 tive Restrictions) Investigation Isopropyl Alcohol imported into India Importer's Questionnaire Domestic Producer's Questionnaire Exporter's Questionnaire Polybutadiene Rubber originating in or exported from Questionnaire forms issued for Importers, Domes- Korea RP under India-Korea Comprehensive Eco- tic Producer and Exporters in Bilateral Safeguard 18-11-19 nomic Partnership Agreement (Bilateral Safeguard Investigation Measures) Rules, 2017 Importer's Questionnaire

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Government of India Ministry of Commerce and Industry (Department of Commerce)

File № and Date Merchandise/Country Action

Domestic Producer's Questionnaire Exporter's Questionnaire Hot Rolled Flat Products of Stainless Steel - 304 Time for filing questionnaire response of Sunset 7/16/2019-DGTR grade originating or exported from China PR, Korea Review in AD Investigation extended until 6 De- 19-11-19 RP and Malaysia cember, 2019

7/16/2019-DGTR Choline Chloride in all forms originating or exported Time for filing questionnaire response in AD Inves- 19-11-19 from China PR, Malaysia and Vietnam tigation extended until 4 December, 2019 Polyethylene Terephthalate originating in or exported 6/24/2019-DGTR Time for filing questionnaire response in AD Inves- from China PR 19-11-2019 tigation extended until 9 December, 2019

Time for filing questionnaire response in Anti-Sub- 6/14/2019-DGTR Clear Float Glass originating in or exported from Ma- sidy Investigation extended until 3 December, 19-11-19 laysia 2019 6/23/2019-DGTR Faced Glass Wool in Rolls originating in or exported Time for filing questionnaire response in AD Inves- 19-11-19 from China PR tigation extended until 2 December, 2019 Styrene Butadiene Rubber of 1500 series and 1700 14/10/2015-DGAD Corrigendum issued to Final Findings in AD Inves- series originating, in or exported from European Un- 22-11-19 tigation ion, Korea RP or Thailand Time for filing questionnaire response in Anti-Sub- 6/16/2019-DGTR Flat Products of Stainless-Steel originating in or ex- sidy Investigation extended until 16 December, 29-11-19 ported from Indonesia 2019

Brazil Ministry of Development, Industry and Trade

Reference Merchandise/Country Action

Ethanolamines - monoethanolamines Extends definitive ADD for a period of up to 5 (five) years. It sus- CAMEX Res. № 7 (MEA) and triethanolamines (TEA), origi- pends the application of the ADD to Germany immediately after its nating in Germany and USA extension. Cast iron pipes originating in China, the Applies a definitive ADD for a period of up to five (5) years and sus- CAMEX Res. № 8 United Arab Emirates and India pends its application for up to one year, in the public interest Extends the definitive anti-dumping duty for a period of up to 5 CAMEX Res. № 9 Padlocks, originating in China (five) years with immediate suspension after its extension CAMEX Res. № Extends the definitive anti-dumping duty for a period of up to 5 Hair brushes originating in China 12 (five) years

Opportunity to Request Administrative Review In a November 1, 2019 Federal Register notice, the US Department of Com- merce announced that it will receive requests to conduct administrative reviews of various antidumping (AD) and countervailing duty (CVD) orders and findings with November anniversary dates:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Duty Proceedings Brazil: Circular Welded Non-Alloy Steel Pipe, A–351–809 11/1/18–10/31/19 India: Welded Stainless Pressure Pipe, A–533–867 11/1/18–10/31/19 Indonesia: Coated Paper Suitable For High-Quality

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AD/CVD Proceedings - Country/ Merchandise Case No. Period

Print Graphics Using Sheet-Fed Presses, A–560–823 11/1/18–10/31/19 Monosodium Glutamate, A–560–826 11/1/18–10/31/19 Italy: Forged Steel Fittings, A–475–839 5/17/18–10/31/19 Mexico: Circular Welded Non-Alloy Steel Pipe, A–201–805 11/1/18–10/31/19 Seamless Refined Copper Pipe and Tube, A–201–838 11/1/18–10/31/19 Steel Concrete Reinforcing Bar, A–201–844 11/1/18–10/31/19 S. Korea: Circular Welded Non-Alloy Steel Pipe, A–580–809 11/1/18–10/31/19 Taiwan: Certain Circular Welded Non-Alloy Steel Pipe, A–583–814 11/1/18–10/31/19 Certain Hot-Rolled Carbon Steel Flat Products, A–583–835 11/1/18–10/31/19 Thailand: Certain Hot-Rolled Carbon Steel Flat Products, A–549–817 11/1/18–10/31/19 PR of China: Diamond Sawblades and Parts Thereof, A–570–900 11/1/18–10/31/19 Certain Hot Rolled Carbon Steel Flat Products, A–570–865 11/1/18–10/31/19 Certain Coated Paper Suitable For High-Quality Print Graphic Using Sheet-Fed Presses, A–570–958 11/1/18–10/31/19 Certain Cut-To-Carbon Steel, A–570–849 11/1/18–10/31/19 Editor, International Trade Fresh Garlic, A–570–831 11/1/18–10/31/19 Compliance Update Forged Steel Fittings, A–570–067 5/17/18–10/31/19 Stuart P. Seidel Lightweight Thermal Paper, A–570–920 11/1/18–10/31/19 Washington, D.C. Monosodium Glutamate, A–570–992 11/1/18–10/31/19 +1 202 452 7088 Paper Clips, A–570–826 11/1/18–10/31/19 stuart.seidel@bakermcken- Polyethylene Terephthalate (Pet) Film, A–570–924 11/1/18–10/31/19 zie.com Pure Magnesium in Granular Form, A–570–864 11/1/18–10/31/19 Refined Brown Aluminum Oxide, A–570–882 11/1/18–10/31/19 This may qualify as “Attorney Seamless Carbon and Alloy Steel Standard, Line And Advertising” requiring notice in Pressure Pipe, A–570–956 11/1/18–10/31/19 some jurisdictions. Prior re- Seamless Refined Copper Pipe and Tube, A–570–964 11/1/18–10/31/19 sults do not guarantee a simi- Sodium Gluconate, Gluconic Acid, and Derivative lar outcome. Products, A–570–071 7/10/18–10/31/19 Ukraine: Certain Hot-Rolled Carbon Steel Flat Products, A–823–811 11/1/18–10/31/19 Please see copyright and United Arab Emirates: Polyethylene Terephthalate (Pet) acknowledgements on the last page Film, A–520–803 11/1/18–10/31/19 Countervailing Duty Proceedings India: Welded Stainless Pressure Pipe, C–533–868 1/1/18–12/31/18 Indonesia: Certain Coated Paper Suitable For High- Quality Print Graphics Using Sheet-Fed Presses, C–560–824 1/1/18–12/31/18 PR of China: Chlorinated Isocyanurates, C–570–991 1/1/18–12/31/18 Certain Coated Paper Suitable For High-Quality Print Graphic Using Sheet-Fed Presses, C–570–959 1/1/18–12/31/18 Forged Steel Fittings, C–570–068 3/14/18–12/31/18 Lightweight Thermal Paper, C–570–921 1/1/18–12/31/18 Seamless Carbon and Alloy Steel Standard, Line, And Pressure Pipe, C–570–957 1/1/18–12/31/18 Sodium Gluconate, Gluconic Acid, and Derivative Products, C–570–072 5/23/18–12/31/18 Turkey: Steel Concrete Reinforcing Bar, A–489–819 1/1/18–12/31/18 Suspension Agreements Ukraine: Certain Cut-To-Length Carbon Steel Plate, A–823–808 11/1/18–10/31/19

Requested Reviews In a November 12, 2019 Federal Register notice, the US Department of Com- merce announced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with September anniversary dates. See actual notices for companies requesting review:

AD/CVD Proceedings - Country/ Merchandise Case No. Period

Antidumping Proceedings

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AD/CVD Proceedings - Country/ Merchandise Case No. Period

Brazil: Cold-Rolled Steel Flat Products A-351-843 9/1/18 - 8/31/19 Emulsion Styrene-Butadience Rubber A-351-849 9/1/18 - 8/31/19 India: Certain Line Paper Products A-533-843 9/1/18 - 8/31/19 Oil Country Tubular Goods A-533-857 9/1/18 - 8/31/19 Japan: Tin Mill Products A-588-854 8/1/18 - 7/31/19 Mexico: Emulsion Styrene-Butadiene Rubber A-201-848 9/1/18 - 8/31/19 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes A-201-847 9/1/18 - 8/31/19 S. Korea: Certain Cold-Rolled Steel Flat Products A-580-881 9/1/18 - 8/31/19 Emulsion Styrene-Butadiene Rubber A-580-890 9/1/18 - 8/31/19 Heavy Walled Rectangular Welded Carbon Pipes and Tubes A-580-880 9/1/18 - 8/31/19 Oil Country Tubular Goods A-580-870 9/1/18 - 8/31/19 SR of Vietnam: Oil Country Tubular Goods A-552-817 9/1/18 - 8/31/19 Taiwan: Forged Steel Fittings A-583-863 5/17/18 - 8/31/19 Narrow Woven Ribbons With Woven Selvedge A-583-844 9/1/18 - 8/31/19 PR of China: Certain Magnesia Carbon Bricks A-570-954 9/1/18 - 8/31/19 Turkey: Oil Country Tubular Goods A-489-816 9/1/18 - 8/31/19 Heavy Walled Rectangular Welded Carbon Steel Pipes A-489-824 9/1/18 - 8/31/19 United Kingdom: Cold-Rolled Steel Flat Products A-412-824 9/1/18 - 8/31/19 Countervailing Duty Proceedings Brazil: Cold-Rolled Steel Flat Products C-351-844 1/1/18 - 12/31/18 S. Korea: Certain Cold-Rolled Steel Flat Products C-580-882 1/1/18 - 12/31/18 PR of China: Magnesia Carbon Bricks C-570-955 1/1/18 - 12/31/18 Narrow Woven Ribbons With Woven Selvedge C-570-953 1/1/18 - 12/31/18 Turkey: Oil Country Tubular Goods C-489-817 1/1/18 - 12/31/18 Heavy Walled Rectangular Welded Carbon Steel Pipes C-489-825 1/1/18 - 12/31/18 Suspension Agreements None

Initiation of Sunset Reviews In a November 1, 2019, Federal Register notice, the US Department of Com- merce advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping and countervailing duty orders listed below.

AD/CVD DOC Case ITC Case No. Country Merchandise No.

A–570–996 731–TA–1238 China Non-Oriented Electrical Steel (1st Review) C–570–997 701–TA–506 China Non-Oriented Electrical Steel (1st Review) A–428–843 731–TA–1239 Germany Non-Oriented Electrical Steel (1st Review) A–588–872 731–TA–1240 Japan Non-Oriented Electrical Steel (1st Review) A–580–872 731–TA–1241 S. Korea Non-Oriented Electrical Steel (1st Review) A–401–809 731–TA–1242 Sweden Non-Oriented Electrical Steel (1st Review) A–583–851 731–TA–1243 Taiwan Non-Oriented Electrical Steel (1st Review) C–583–852 701–TA–508 Taiwan Non-Oriented Electrical Steel (1st Review)

CORRECTION (84 FR 66154, 12-03-19): Commerce inadvertently omitted the ADD and CVD suspension agreements on Sugar from Mexico (A– 201–845 and C–201–846) from the list of cases for which sunset reviews initiate in November 2019.

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8483454-v3\WASDMS Baker McKenzie Advance Notification of Sunset Reviews In a November 1, 2019, Federal Register notice, the US Department of Com- merce advised that the following cases were scheduled for five-year (“Sunset”) reviews for December.

AD/CVD Proceedings - Merchandise/Country Case No.

Antidumping Duty Proceedings Calcium Hypochlorite from China A–570–008 (1st Review) Carbon and Certain Alloy Steel Wire Rod from China A–570–012 (1st Review) Electrolytic Manganese Dioxide from China A–570–919 (2nd Review) Lightweight Thermal Paper from China A–580–872 (2nd Review) Countervailing Duty Proceedings Calcium Hypochlorite from China C–570–009 (1st Review) Carbon and Certain Alloy Steel Wire Rod from China C–570–013 (1st Review) Lightweight Thermal Paper from China A–580–872 (2nd Review) Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in December 2019

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Mattias Hedwall Global Chair

International Commercial & Trade

International Commercial & Trade Leadership Team

Regional Chairs / Steering Committee

Kana Itabashi Ulf Wauschkuhn Alejandro C. Mesa-Neira Jennifer Trock Tokyo Munich Bogota Washington DC Asia Pacific EMEA Latin America North America

IC&T Focus Groups

Product Liability / Anticorruption / Agency & Distribution / Franchising Customs & Trade Agreements Compliance Liaison

Will Woods Ulrich Ellinghaus Fred Burke Dallas Frankfurt Ho Chi Minh City Supply Chain / Logistics Sanctions / Export Controls JV / FDI / Emerging Markets

Peerapan Tungsuwan Nick Coward & Janet Kim Miguel Noyola Bangkok Washington DC Chicago/Washington DC

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