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International Trade Compliance Update (Covering Customs and Other Import Requirements, Export Controls and Sanc- tions, Trade Remedies, WTO and Anti-Corruption) Newsletter | February 2018 In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - Central America The Americas - North America The Americas - South America Please see our Webinars, Meetings, Seminars section for the full schedule of Asia-Pacific webinars in the 2018 Global Trade and Supply Chain Webinar Series - Con- Europe, Middle East and North Africa tinuing Challenges in Global Trade, names of speakers, contacts and infor- Africa (except North Africa) mation on how to register for one or more of these complimentary webinars, as well as information on other events. In addition, there are links to video record- Trade compliance enforcement ac- ings of past webinars and the 2017 Year-End Export Import Seminar in Santa tions - import, export, IPR, FCPA Clara, California. Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. WTO TBT Notifications To keep abreast of international trade-related news, visit our blogs: CBSA Advance Rulings For International Trade Compliance Updates, please regularly visit CBP Rulings: Downloads and www.internationaltradecomplianceupdate.com. Searches For additional articles and updates on Trade Sanctions and Export Controls, CBP Rulings: Revocations or Modifi- cations please visit: http://sanctionsnews.bakermckenzie.com/ regularly. European Classification Regulations For resources and news regarding international trade, particularly in Asia, please visit our new Trade Crossroads blog at Amendments to the CN Explanatory http://tradeblog.bakermckenzie.com/. Notes To see how BREXIT (the UK exiting the EU) may affect your business, visit Section 337 Actions http://brexit.bakermckenzie.com/ Antidumping, Countervailing Duty For additional compliance news and comment from around the world, please and Safeguard Investigations, Or- visit ders & Reviews http://globalcompliancenews.com/. Editor, International Trade Com- pliance Update Note: Unless otherwise indicated, all information in this Update is taken from offi- Stuart P. Seidel cial gazettes, official websites, newsletters or press releases of international or- Washington, D.C. ganizations (UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, +1 202 452 7088 Customs Unions or government agencies. The specific source may usually be [email protected] obtained by clicking on the blue hypertext link. Please note that as a general rule, information related to fisheries is not covered. This may qualify as “Attorney Advertis- ing” requiring notice in some jurisdic- tions. Prior results do not guarantee a similar outcome. Please see copyright and acknowl- edgements on the last page 1 Baker & McKenzie World Trade Organization (WTO) The International Trade Compliance Update is a publication of the Glob- Trade Policy Review: The Gambia al International Commercial and Trade Practice Group of Baker The third review of the trade policies and practices of The Gambia took place on McKenzie. Articles and comments 23 and 25 January 2018. The basis for the review was a report by the WTO Sec- are intended to provide our readers retariat and a report by the Government of The Gambia.. with information on recent legal developments and issues of signifi- Recent disputes cance or interest. They should not be regarded or relied upon as legal The following disputes have been recently brought to the WTO. Click on the case advice or opinion. Baker McKenzie (“DS”) number below to go to the WTO website page for details on that dispute. advises on all aspects of Interna- tional Trade law. Case Name Date DS. No. dd-mm-yy Comments on this Update may be United States - Certain Systemic Trade Remedies Measures - Re- sent to the Editor: DS535 10-01-18 quest for consultations by Canada Stuart P. Seidel United States - Anti-Dumping Measures on Fish Fillets from Viet DS536 12-01-18 Washington, D.C. nam - Request for consultations by Viet nam +1 202 452 7088 Canada - Measures Governing the Sale of Wine - Request for con- DS537 16-01-18 [email protected] sultations by Australia Pakistan – Anti-Dumping Measures on Biaxially Oriented Polypro- DS538 pylene Film From the United Arab Emirates – Request for consulta- 30-01-18 A note on spelling, grammar tions by UAE and dates-- In keeping with the global nature DSB activities of Baker McKenzie, the original spelling, grammar and date format- During the period covered by this update, the Dispute Settlement Body (DSB) or ting of non-USA English language parties to a dispute took the following actions or reported the following activities. material has been preserved from Requests for a panel are not listed (click on “DS” number to go to summaries of the original source whether or not the case, click on “Activity” to go to the latest news or documents): the material appears in quotes. Case Name Activity Date Translations of most non-English DS No. language documents are unofficial dd-mm-yy and are performed via an automat- India — Certain Measures Relating to So- US request for retaliation ed program and are for information DS456 lar Cells and Solar Modules [Complainant: against India is referred to purposes only. United States] arbitration 12-01-18 United States — Anti-Dumping Measures Credits: DS488 on Certain Oil Country Tubular Goods DSB adopted panel ruling (OCTG) from Korea [Complainant: Korea] China — Anti-Dumping and Countervailing Unless otherwise indicated, all in- Compliance panel issues DS427 Duty Measures on Broiler Products from 18-01-18 formation is taken from official in- ruling ternational organization or govern- the United States [Complainant: US] ment websites, or their newsletters United States — Certain Methodologies Arbitrator issued award on or press releases. DS471 and their Application to Anti-Dumping Pro- “reasonable period of 19-01-18 ceedings Involving China time” – 15 months Source documents may be accessed by clicking on the blue TBT Notifications hypertext links. Member countries of the WTO are required under the Agreement on Technical This Update contains public sector infor- Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical mation licensed under the Open Gov- ernment Licence v3.0 of the United King- regulations that could affect trade with other Member countries. The WTO Secre- dom. In addition, the Update uses mate- tariat distributes this information in the form of “notifications” to all Member coun- rial pursuant to European Commission tries. See separate section on WTO TBT Notifications for a table which summa- policy as implemented by Commission rizes notifications posted by the WTO during the past month. Decision of 12 December 2011. International Trade Compliance Update | February 2018 2 Baker & McKenzie World Customs Organization (WCO) Announcements and news releases [dd-mm-yy] Date Title Celebrating the 30th anniversary of the Harmonized System (HS), a universal 03-01-18 language for international trade 08-01-18 WCO supports Brazilian Customs Action Plan on Enforcement 10-01-18 WCO addresses Customs Union Group under EU Bulgarian Presidency WCO underlines the potential of data analytics in Customs 12-01-18 Operation Cosmo 2 Global Planning Seminar 16-01-18 WCO supports SAFE and AEO Implementation in Sri Lanka 18-01-18 9th TFAWG to hold meeting on 15 and 16 February 2018 22-01-18 More Expert trainers accredited on Rules of Origin in AP Region Opening of the WCO's 74th Fellowship Programme 26-01-18 Message from the World Customs Organization - International Customs Day 2018 Burkina Faso Customs enhances its senior management capacities in project management WCO lays down the foundation of a Framework of Standards Cross-Border E- 29-01-18 Commerce WCO celebrates International Customs Day 2018 and invites members to share best practices WCO participates in World Economic Forum’s 48th Annual meeting in Davos Next WCO Capacity Building Week to be held from 26 February to 2nd March 2018. Save the dates! DMPT reaffirms the importance of data for securing and facilitating the cross- 30-01-18 border e-business environment WCO supports Ethiopian Revenues and Customs Authority (ERCA) in enhanc- ing its Post Clearance Audit (PCA) Manual Other International Matters Trans-Pacific Partnership (TPP) TPP-11 countries agree to a revised agreement without the US On January 23, 2018, the Canadian Prime Minister announced that the 11 coun- tries still committed to the Trans-Pacific Partnership, now renamed the Compre- hensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), have agreed to an agreement after talks in Japan this week. Trade ministers will attend a signing ceremony in Chile on March 8. Details will be announced short- ly .Certain provisions will be suspended for now with the thought that a future US administration might join the pact. The negotiation’s timeline and other material from New Zealand Foreign Affairs and Trade and Global Affairs Canada follow: • On 9-10 November 2017 in Da Nang, Viet Nam, Trade Ministers from the 11 countries agreed to the core elements of the deal. A joint Ministerial statement on the outcome has been issued, along with an outline of the Agreement. • On 23 January 2018, in Tokyo, the remaining outstanding issues were resolved and negotiations for the CPTPP were concluded. • The CPTPP is modelled on the Trans Pacific Partnership (TPP), which was signed in February 2016,
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