International Trade Compliance Update

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

Newsletter | December 2020

In This Issue:

World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters Multilateral Trade Agreements The Americas - North America

The Americas - South America Please see our Webinars, Meetings, Seminars section for contact and regis- Asia-Pacific tration information for the new webinars in our 17th annual Global Trade and Europe, Middle East and North Africa Supply Chain Webinar Series: International Trade Basics and Trends as well as links to past webinar recordings, PowerPoints and handout materials Africa (except North Africa) and information on other events. Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc. In addition, there are links to the video recordings of the

WTO TBT Notifications  2020 Virtual Trade Conference (July 14-16 2020) and the CBSA Adv ance Rulings  2020 Virtual Year-End Review of Import/Export Developments CBP Rulings: Downloads and Searches CBP Rulings: Rev ocations or Modifi- cations European Classification Regulations Amendments to the CN Explanatory Notes Section 337 Actions Antidumping, Counterv ailing Duty and Safeguard Inv estigations, Orders & Rev iews

Asia Pacific International Commercial and Trade Webinar Series December 2020 – January 2021 | 11:00 am – 12:00 pm (GMT+8)

Editor, International Trade Com- To get details, see our Webinars, Meetings, Seminars section pliance Update

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

Please see copyright and acknowledgements on the last page

Ed- Inter- itor national 1 International Trade Compliance Update | DecemberTrade 20 20 8506079-v3\WASDMS Compliance Update Baker McKenzie

To keep abreast of international trade-related news, visit our blogs: The International Trade Compliance For International Trade Compliance Updates, please regularly visit Update is a publication of the https://www.internationaltradecomplianceupdate.com/. Global International Commercial and Trade Practice Group of Baker For additional articles and updates on trade sanctions and export controls, please visit: http://sanctionsnews.bakermckenzie.com/ regularly. McKenzie. Articles and comments are intended to provide our readers For resources and news regarding international trade, particularly in Asia, please visit our Trade w ith information on recent legal de- Crossroads blog at http://tradeblog.bakermckenzie.com/. velopments and issues of signifi- To see how BREXIT (the UK exiting the EU) may affect your business, visit cance or interest. They should not https://brexit.bakermckenzie.com/. be regarded or relied upon as legal For additional compliance news and comment from around the world, please visit advice or opinion. Baker McKenzie advises on all aspects of Interna- https://globalcompliancenews.com/. tional Trade law . Supply Chain blog

https://supplychaincompliance.bakermckenzie.com/ Comments on this Update may be Foreign Inv estment and National Security blog sent to the Editor:

Stuart P. Seidel https://foreigninv estment.bakermckenzie.com. Washington, D.C. +1 202 452 7088 [email protected] World Trade Organization (WTO) A note on spelling, grammar and dates-- Trade Policy Review: Thailand In keeping with the global nature The eighth review of the trade policies and practices of Thailand took place on 24 of Baker McKenzie, the original and 26 November 2020. The basis for the review was a report by the WTO Sec- spelling, grammar and date format- retariat and a report by the Government of Thailand. ting of non-USA English language material has been preserved from Recent disputes the original source whether or not the material appears in quotes. The following disputes have been recently brought to the WTO. Click on the case Translations of most non-English (“DS”) number below to go to the WTO website page for details on that dispute. language documents are unofficial and are performed via an auto- DS No. Case Name Date mated program and are for information purposes only. Depending United States — Origin Marking Requirement (Complainant: DS 597 30-10-20 on the language, readers with the Hong Kong, China) [in consultations] Chrome browser should be able to automatically get a rough to excel- DSB activities lent English translation. During the period covered by this update, the Dispute Settlement Body (DSB) or Credits: parties to a dispute took the following actions or reported the following activities. Unless otherwise indicated, all information is taken from official inter- Requests for a panel are not listed (click on “DS” number to go to summaries of national organization or government the case, click on “Activity” to go to the latest news or documents): websites, or their newsletters or press releases. Case Name DS No. Activity Date Source documents may be Indonesia — Measures Concerning the Im- accessed by clicking on the blue Compliance panel DS 484 portation of Chicken Meat and Chicken 10-11-20 hypertext links. report circulated Products This Update contains public sector information licensed under the Open Govern- ment Licence v3.0 of the United King- COVID-19: Trade and trade-related measures dom. In addition, the Update uses material pursuant to European Commission The WTO has set up a dedicated webpage to help governments, business, the policy as implemented by Commission Decision of 12 December 2011. media and the public track the latest information on trade-related responses to the COVID-19 outbreak. For measures posted after October 31, 2020, see the

International Trade Compliance Update | December 2020 2 8506079-v3\WASDMS Baker McKenzie

WTO COVID-19 Trade and Trade-Related Measures section below. Please see the WTO webpage for measures posted prior to that date.

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 Secre- tariat 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.

WORLD CUSTOMS ORGANIZATION (WCO)

Announcements and news releases [dd-mm-yy]

Date Title RILO WE provides virtual CEN training for its affiliated countries 02-11-20 New Customs Cooperation Fund from Germany 03-11-20 The PTC concludes technical discussions on major WCO deliverables The World Customs Organization (WCO) has successfully completed a Time 05-11-20 Release Study (TRS) Workshop for the Customs Administration of Kazakhstan Achievement made in East Africa under the WCO/JICA Master Trainer Pro- 06-11-20 gramme (MTP) WCO supports the Uganda Revenue Authority to build capacity in the area of non-intrusive inspection 09-11-20 Wildlife and forestry crime: Worldw ide seizures in global WCO-INTERPOL operation Tw o w ebinars on STCE Risk Management and Targeting WCO delivers a virtual Mercator Stocktaking mission to the benefit of the Leso- 10-11-20 tho Revenue Authority WCO becomes a member of the Basel Convention ENFORCE Netw ork 11-11-20 Mercator Programme Report: the WCO launches the second edition Serbia joins the SECO-WCO Global Trade Facilitation Programme Ukraine joins the SECO-WCO Global Trade Facilitation Programme East African Community getting prepared to embrace Electronic Tariff 12-11-20 Successful launch of the 2020 WCO TECH-CON Joint Session of the Regional Heads of Customs Administrative Conference and Regional Contact Point Meeting in the A/P region WCO Releases an Upgraded New Version of the WCO Cargo Targeting Sys- tem Peruvian Customs w elcomes WCO support on Data Analytics 13-11-20 The WCO has published the HS 2017 / HS 2022 Correlation Tables for the Har- monized System WCO Strategic Plan 2022-2025: WCO launches the cycle for development of its next strategy w ith a Workshop on strategic foresight for the MENA region 17th Virtual NCP RILO ESA annual administrative meeting 19th RILO Commonw ealth of Independent States National Contact Points Meet- 16-11-20 ing East and Southern Africa region holds an extraordinary governing Council session 2020 WCO TECH-CON closes w ith lessons learnt for the future 18-11-20 WCO/ROCB Sub Regional Virtual Workshop on PCA for the ASEAN members Successful conclusion of the 17th WCO Counterfeiting and Piracy (CAP) Group Meeting 19-11-20 Customs role in the fight against trafficking in cultural property highlighted during UNESCO Conference 20-11-20 Joint Meeting of the ATA/Istanbul Convention Administrative Committee held at

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Date Title the WCO Botsw ana Customs chairs the 5th Regional Meeting of nCEN Programme Lead- ers for East and Southern Africa WCO inaugurates the European Regional Meeting of nCEN Programme Lead- ers 23-11-20 18th Integrity New sletter New WCO Integrity e-learning module online on the ClicK! platform WCO A-CIP Programme shares its Customs Integrity Perception Survey’s methodological guidelines 24-11-20 First AfCFTA Meeting of Directors General/Heads of Customs Authorities held in Accra WCO Europe Region Heads of Customs Meeting in preparation for the Council Session WCO marks International Day for the Elimination of Violence against Women 25-11-20 “A Manifesto for data mobilisation in Customs” paper released Pilot training on Radiological and Nuclear Detection Aw areness HS Codes for HFCs - how to bridge the gap until HS 2022 26-11-20 WCO signs an agreement w ith the Customs administration of Guatemala for the implementation of its CTS and nCEN applications Customs administrations of Burkina Faso and Côte d'Ivoire mobilized against corruption 27-11-20 Kazakhstan benefits from an Online National Workshop on Transit Good progress for the Master Trainer Programme (MTP) in Southern Africa Successful completion of the WCO virtual PICARD Conference STCE sub-regional training for Customs Administrations in Western Bal- 30-11-20 kans Countries African Union Directors General of Customs Meeting reviews AU Guide- lines on COVID-19

MULTILATERAL TRADE AGREEMENTS

REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP RCEP signed simultaneously in 15 nations On November 15, 2020, the Regional Comprehensive Economic Partnership (RCEP) was signed by China and 14 other nations -- the 10 countries of the As- sociation of Southeast Asian Nations (Brunei*, Cambodia, Indonesia, Laos, Ma- laysia*, Myanmar, Philippines, Singapore*, Thailand and Vietnam*) plus Aus- tralia*, China, Japan*, New Zealand* and South Korea. Many of the products for which tariffs are eliminated are already duty-free. [Countries with an * are also signatories to the CPTPP]

RCEP was originally proposed by China as a counter to the Trans-Pacific Part- nership (TPP), which became the Comprehensive and Progressive Agreement on the Trans-Pacific Partnership (CPTTP) after the Trump Administration with- drew from the TPP in 2017. While it is a more limited trade agreement than the CPTPP, it covers an area with 2.2 billion people and includes many of the same countries of the CPTPP. The signing ceremony was held virtually in each of the 15 member nations due to the pandemic.

Additional details about the RCEP Further to our alert on the development of the Regional Comprehensive Eco- nomic Partnership (RCEP) negotiation (Link), we would like to share additional details about the RCEP based on the current information available.

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The RCEP members are planning to sign the RCEP on 15 November 2020 during the 37th ASEAN Summit. After the signing, the Thai government shall ar- range for a public hearing before presenting to the parliament for ratification.

We will keep you updated on this issue if there are any further developments.

Authors: Pornapa Luengwattanakit, Chana Sooppipat and Supakorn Sri- wasumetharatsami.

OTHER INTERNATIONAL MATTERS 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

05-11-20 2020/067 - Intersessional work of the Standing Committee 16-11-20 2020/068 - Amendments to Appendix III 19-11-20 2020/069 - Democratic Republic of the Congo – Loss of CITES permits 25-11-20 2020/070 - Registration of operations that breed Appendix-I animal species in

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Date Title captivity for commercial purposes

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 Exporter 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

Member GAIN Report Argentina Argentina Introduces Export Tax Compensation Program for Small Farmers Argentina Argentina Introduces Export Tax Compensation Program for Small Farmers Ministry of Agriculture Changes Import License Requirement to Facilitate Corn Brazil and Soybean Imports Chile FAIRS Export Certificate Report Colombia FAIRS Export Certificate Report Ecuador Exporter Guide Egypt Egypt Imposes a Risk-Based Food Import Control System European The EU Adopts Countermeasures Against US Exports Follow ing WTO Ruling Union on Boeing European How the EU Technical Regulation Information System Works Union European The EU Infringement Procedure Union European EU Commission Launches Consultations to Assist in the Review of its Emis- Union sion Reduction Legislation Hong Kong Hong Kong Filed A Complaint to the WTO Against the US India FSSAI Allow s Specialty Food Imports to India for an Additional Six Months India FSSAI Allow s Specialty Food Imports to India for an Additional Six Months India Notifies Draft Amendments for New and Modified Standards on Various India Food Products Government of India Notifies Draft Amendments for Specialty Foods Regula- India tions India India Notifies Fortified Food Product Draft Amendments India Government Extends Timeline to Use Pre-printed Packaging Materials India Stock India Government of India Proposes Imported Foods Regulation Amendments Japan Policies and Procedures for Genome Edited Food and Agricultural Products Japan Guidance on Shipping Individual Small-Sized Samples to Japanese Buyers Japan Japanese Import Regulations for Industrial Hemp Products Japan Japan Joins Regional Comprehensive Economic Partnership Saudi Arabia Exporter Guide Senegal FAIRS Country Report Senegal FAIRS Export Certificate Report South Africa Repeals the Contentious Regulations Relating to Health Mes- South Africa sages on Container Labels of Alcoholic Beverages Thai FDA Announced Ban of Paraquat and Chlorpyrifos on Imported Food Thailand Products Tunisia FAIRS Export Certificate Report Turkey Announces Tariff Reductions on Lentils and Eliminates Tariffs on Sun- Turkey flow er seed Ukraine Ukraine's MRLs for Veterinary Drugs

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. THE AMERICAS - NORTH AMERICA

CANADA Canada successfully concludes talks on transitional trade continuity agreement with the United Kingdom On November 21, 2020, Global Affairs Canada announced the successful conclusion of talks for the Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) - an interim deal that will be in place as Canada and the United Kingdom work towards negotiating a comprehensive free trade agreement. The new agreement will provide continued access to the benefits of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) on a bilateral basis, including the elimination of tariffs on 98% of Cana- dian products exported to the United Kingdom. This will provide a competitive edge to Canadian exporters and businesses who will maintain preferential access to the United Kingdom market, even as the country exits the EU.

After the UK transition period ends, the terms of trade between Canada and the UK will be governed by the Canada-UK TCA. Once in force, the Canada-UK TCA will ensure that Canadian firms will see little to no change in the terms by which they trade with the UK after January 1, 2021. The Canada-UK TCA will reflect the terms and conditions of CETA.

However, there could be changes in the EU-UK relationship or changes to UK domestic processes and regulations that may affect the ease of trade between Canada and the UK. The Government of Canada will continue to monitor how Canada’s trade with the UK might be affected in the short to medium term.

When the transition period ends on December 31, 2020, the UK will no longer be bound by EU treaties with third countries, including CETA.

Miscellaneous regulations and proposals The following documents of interest to international traders were published in the Canada Gazette. (The sponsoring ministry, department or agency is also shown. N=notice, PR=proposed regulation, R=regulation, O=Order; OIC=Orders in Council)

Publication Title Date

PUBLIC HEALTH AGENCY (PHA): Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States). (OIC) 11-07-20 PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibi- tion of Entry into Canada from the United States) (OIC) PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Manda- tory Isolation), No. 7 (OIC) PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibi- 11-28-20 tion of Entry into Canada from the United States) (OIC)

International Trade Compliance Update | December 2020 7 8506079-v3\WASDMS Baker McKenzie Restrictive measures The following documents imposing restrictive measures on imports or exports were published in the Canada Gazette or posted on a Government website.

Publication Title Date

GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures 11-25-20 (Belarus) Regulations (SOR/2020-241, November 5, 2020) (R)

CBSA advance rulings The Canada Border Services Agency (CBSA) has enhanced the Advance 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.

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. (Dates are given in yyyy/mm/dd format.)

Date Reference Title

11-05-20 D10-15-31 Tariff classification of car seat covers 11-06-20 D19-13-5 (Revised) Transportation of Dangerous Goods 11-13-20 CN 20-33 Ontario Tobacco Tax collection in the Postal Mode (Revised) - The Determination of When Goods are Entitled to the D11-4-19 Benefit of the United States Tariff, Mexico Tariff or Mexico-United 11-18-20 States Tariff under NAFTA The Determination of When Goods are Entitled to the Benefit of D11-4-35 the United States Tariff or Mexico Tariff under CUSMA (Revised) - Classification of Parts and Accessories in the Cus- 11-21-20 D10-0-1 toms Tariff

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

MEXICO Diario Oficial The following documents of interest to international traders were published in the Diario Oficial de la Federacion: Note: With regard to standards, only those which appear to apply to international trade are listed. (An unofficial English translation is shown.)

Publication Title Date

ECONOMY: Draft Mexican Official Standard PROY-NOM-004-SE-2020, Com- 11-05-20 mercial information-Labeling of textile products, clothing, accessories and home clothes (it w ill cancel NOM-004-SCFI-2006).

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Publication Title Date

ECONOMY: Acuerdo by w hich the correlation tables betw een the tariff fractions 11-18-20 of the Tariff of the Law of General Import and Export Taxes (TIGIE) 2012 and 2020 are disclosed. HACIENDA: Acuerdo by w hich the General Rules referred to in the Federal Law for the Prevention and Identification of Operations w ith Resources of Illicit 11-30-20 Origin are modified. HACIENDA: Call for certification regarding the prevention of operations w ith resources of illicit origin and financing of terrorism.

Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investiga- tions, 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/COMMENTS; H=HEAR- ING OR MEETING; E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD; W=WITHDRAWAL. PLEASE NOTE: MEETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED. IN ADDITION, IN CITATIONS WITHIN ARTICLES, THE ABBREVIATIONS FR (FOR FEDERAL REGISTER) AND CFR (FOR CODE OF FEDERAL REGULATIONS), THE GOVERNMENT’S PREFERRED ABBREVIATIONS, ARE OFTEN USED INSTEAD OF FED. REG. OR C.F.R., THE BLUE BOOK’S PREFERRED STYLE. FURTHERMORE, STATUTE TITLES AND REGULATIONS ARE ITALICIZED.]

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 30, 2020 – Continuation of the National Emergency w ith Re- 11-02-20 spect to Sudan Proclamation 10107 of October 30, 2020 To Modify Duty-Free Treatment Un- 11-04-20 der the Generalized System of Preferences and for Other Purposes Presidential Determination 2021-02 of October 27, 2020 on Refugee Admis- sions for Fiscal Year 2021 Memorandum of October 26, 2020 - Certification Pursuant to Section 6(E) of the Comprehensive Peace In Sudan Act of 2004 (Public Law 108-497), As 11-06-20 Amended by the Darfur Peace and Accountability Act of 2006 (Public Law 109- 344) Presidential Determination 2020-12 of September 28, 2020 w ith Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons Notice of November 12, 2020 Continuation of the National Emergency With Re- spect to Burundi Notice of November 12, 2020 Continuation of the National Emergency With Re- 11-13-20 spect to Iran Notice of November 12, 2020 Continuation of the National Emergency With Re- spect to the Proliferation of Weapons of Mass Destruction Executive Order 13959 of November 12, 2020 - Addressing the Threat From 11-17-20 Securities Investments That Finance Communist Chinese Military Companies Memorandum of November 7, 2020 - Delegation of Authority Under Section 11-20-20 506(a)(1) of the Foreign Assistance Act of 1961, as Amended Notice of November 24, 2020 - Continuation of the National Emergency With 11-25-20 Respect to the Situation In Nicaragua

International Trade Compliance Update | December 2020 9 8506079-v3\WASDMS Baker McKenzie President signs Executive Order prohibiting US Persons from pur- chasing securities of certain Chinese companies On November 12, 2020, President Trump signed Executive Order 13959, “Ad- dressing the Threat from Securities Investments that Finance Communist Chi- nese Military Companies” (the “China Securities EO”), which aims to prevent US investors from financing the development of the People’s Republic of China’s military, intelligence, and security capabilities by prohibiting purchases of securities of certain “Communist Chinese military companies.” This development builds on US Government concerns over China’s civil/military fusion and access to US capital markets and financing. It could have implications for both direct investors as well as passive investors, such as through mutual funds and retirement plans. The prohibitions will take effect on January 11, 2021.

The China Securities EO prohibits “US Persons” from engaging in any “transaction” involving publicly traded “securities,” derivative securities, or any securities designed to provide investment exposure to such securities, of any “Communist Chinese military company” identified pursuant to Section 1237 of the National Defense Authorization Act for Fiscal Year 1999 (“Section 1237”). For these purposes:

 “US Persons” include US citizens, permanent resident aliens, entities organized under the law s of the United States, and persons physically located w ithin the United States. This does not extend to non-US subsidiaries of US companies.

 A “transaction” is limited to purchases for value of publicly traded securities. The China Securities EO thus prohibits purchases of securities of the specified “Com- munist Chinese military companies” on US and foreign securities ex- changes. Given the reference to “purchases for value,” it is not clear w hether simply continuing to hold securities w ould be a prohibited “transaction.”

 The definition of “securities” is broad and captures both “securities” as defined in the Securities Exchange Act at 15 U.S.C. § 78(a)(10), as w ell as certain additional securities, including “currency or any note, draft, bill of exchange or banker’s acceptance w hich has a maturity at the time of issuance of not exceeding nine months, exclusive of days of grace, or any renew al thereof the maturity of w hich is likew ise limited.” There are a number of questions around the precise scope of the prohibition and type of securities covered, w hich w ill require further guidance from the Office of Foreign Assets Control (“OFAC”).

 The prohibition covers both the 31 “Communist Chinese military companies” identified pursuant to Section 1237 in June and August 2020 by the Department of Defense (available here and here, respectively), as w ell as any person determined in the future by the Secretaries of Defense or Treasury to meet the criteria of a “Communist Chinese military company.” Subsidiaries of such companies must themselves be designated pursuant to Section 1237 in order for the prohibitions to apply. Thus, OFAC’s “50% rule,” under w hich unlisted subsidiaries of parties subject to sanctions are subject to the same prohibitions if the sanctioned person has a 50% or more ow nership interest in the unlisted subsidiaries, does not apply.

Certain grace or “wind-down” periods are provided. For covered securities held as of 9:30 AM EST on January 11, 2021, US Persons have until 11:59 PM EST on November 11, 2021 to engage in transactions solely to divest, in whole or in part, those securities. Transactions involving the securities of additional Chinese companies designated by the Secretaries of Defense or Treasury pursuant to Section 1237 will be prohibited 60 days following their designation, and transactions made solely to divest from securities held in such additional companies as

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of the prohibition’s effective date will be authorized for up to one year following their designation.

Lastly, the China Securities EO authorizes the Secretary of the Treasury, after consultation with the heads of other executive departments and agencies, to promulgate rules and regulations to carry out the China Securities EO and to establish licensing procedures for otherwise prohibited transactions. The China Se- curities EO does not provide a timeframe for the issuance of any rules or regulations related to the order, nor are any potential licensing criteria listed.

We anticipate that the Department of the Treasury will issue guidance further clarifying the scope of the China Securities EO and the expected timeline for any related regulations or licensing procedures in the near future.

Authors: Alison J. Stafford Powell, Meghan Hamilton and Ryan Poitras

President issues Proclamation to modify GSP benefits On October 30, 2020, the President issued a Proclamation 10107 to Modify Duty- Free Treatment Under the Generalized System of Preferences and for Other Pur- poses (published in the Federal Register on Nov. 4, 2020). The Proclamation:

 suspends the duty-free treatment accorded under the GSP to certain eligible articles that are the product of Thailand, effective on December 30, 2020, and modifies general note 4(d) of the Harmonized Tariff Schedule of the United States (HTS)to reflect that suspension;

 modifies the Rates of Duty 1-Special subcolumn for the corresponding HTS subheadings and general note 4(d) to the HTS in order to provide that one or more countries are no longer be treated as beneficiary developing countries w ith respect to one or more eligible articles for purposes of the GSP, as set forth in sections A, B, and C of Annex II to the proclamation;

 modifies the Rates of Duty 1-Special subcolumn for the corresponding HTS subheading In order to w ithdraw the application of duty-free treatment accorded to one eligible article as set forth in section D of Annex II to the proclamation;

 modifies the Rates of Duty 1-Special subcolumn for the corresponding HTS subheading in order to designate a certain article as an eligible article w hen imported from a beneficiary developing country for purposes of the GSP as set forth in section E of Annex II to the proclamation;

 disregards the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the Trade Act of 1974 w ith respect to the eligible articles in the HTS subheadings and to the beneficiary developing countries set forth in Annex III to the proclamation; and

 modifies additional US note 6 to Chapter 20 to reflect the change of name from “Macedonia” to “North Macedonia.

The modifications to the HTS set forth in Annex II and Annex III of the proclamation shall be effective with respect to articles entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on November 1, 2020. The Annexes were not attached to the Proclamation as made available by the White House, but will appear when the Proclamation is published in the Federal Register.

See: CSMS #44639532 - Generalized System of Preferences Updates and

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CSMS #44639601 - GUIDANCE: Generalized System of Preferences (GSP) Eli- gibility under United States Trade Representative’s GSP 2020 Annual Review (both issued October 30, 2020).

FOR COMMERCE SECTION 232 AND USTR SEC. 301 TARIFF AND EXCLUSION INFOR- MATION AND CBP GUIDANCE ON BOTH, PLEASE SEE THE NEW SECTION BELOW.

USTR announces results of 2020 annual GSP review On November 9, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice announcing the results of the 2020 Annual Generalized System of Preferences (GSP) Review with respect to: products considered for the addition to, and removal from, the list of eligible products for certain beneficiary countries; and decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs.

 As described in List I, the President granted the petitions to add fresh-cut roses (HTS 0603.11.00) to the list of GSP eligible products for all Beneficiary Develop- ing Countries (BDCs). Therefore, qualifying products now enter the United States duty-free.

 As described in List II, the President granted the petition to remove rice, semi- milled or w holly milled, w hether or not polished or glazed, parboiled (HTS 1006.30.10) from GSP eligibility for all BDCs. Therefore, this product now is subject to the US normal trade relations (NTR) duty rate.

 As described in List III, the President granted one-year de minimis w aivers to 24 products that exceeded the 50 percent import-share CNL but for w hich the aggregate value of all US imports of that article w as below the 2019 de minimis level of $24.5 million. Qualifying products w ill continue to enter the United States duty-free.

 As described in List IV, six products exceeded the CNLs. For more information regarding petitions concerning CNLs, see 85 FR 27261. These products now enter the United States at the NTR duty rate. The results of the review are available at the USTR website here.

ITC posts recommended modifications to the HTS On November 17, 2020, the US International Trade Commission (ITC) published in the Federal Register a notice of proposed recommendations and solicitation of public comments on Investigation No. 1205-13, Recommended Modifications in the Harmonized Tariff Schedule, 2020, which the ITC instituted on October 1, 2019. The ITC’s proposed recommendations relating to Investigation No. 1205- 13 have been posted on the ITC Web site. Interested Federal agencies and the public are invited to submit written comments on the proposed recommendations by December 14, 2020.

On June 28, 2019, the World Customs Organization (WCO) adopted recommended amendments to the Harmonized System nomenclature that are scheduled to enter into force on January 1, 2022. The ITC has posted a copy of the WCO amendments on its website. On October 1, 2019, the ITC instituted Investi- gation No. 1205-13 to prepare such modifications in the HTS as it considers necessary or appropriate to conform the HTS with such amendments to the Harmo- nized System. As part of this investigation, the ITC will also consider whether it is necessary or appropriate to recommend a modification to the HTS nomenclature

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for blanched peanuts to conform the HTS with a 2018 opinion of the WCO’s Har- monized System Committee, which classified certain blanched peanuts in heading 1202 of the Harmonized System. Prior to the WCO opinion, US Customs and Border Protection (CBP) had classified blanched peanuts in heading 2008 based in part on an HTS subheading in chapter 20 that provided for blanched peanuts. An up-to-date copy of the HTS, which incorporates the Harmonized System in its overall structure, is available on the ITC’s website.

After considering written public comments, the ITC will submit its recommended modifications to the President in the form of a report that will include a summary of the information on which the recommendations were based, together with a statement of the probable economic effect of each recommended change on any industry in the United States. The report also will include a copy of all written views submitted by interested Federal agencies and a copy or summary, prepared by the ITC of the views of all other interested parties. The ITC expects to submit that report in March 2021

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

Investigation. No. and title Requested by: Inv. No. 1205-13 Recommended Modifications to the Harmonized Tariff Statutory Schedule, 2020 (USITC publication 5139, November 2020) (N/RFC)

DHS publishes notice of ratification of actions On November 25, 2020, the Department of Homeland Security (DHS) published in the Federal Register a notice of two ratification documents regarding a number of previous actions by DHS. The ratifications are intended to provide the public with certainty, by resolving any potential defect in the validity of those actions. : The ratification documents were signed on November 16, 2020 and relate back to the original date of each action ratified. DHS, through its Acting Secretary, is ratifying a number of previous actions by the Acting Secretary and by former Act- ing Secretary Kevin K. McAleenan, and one previous action by U. S. Citizenship and Immigration Services Deputy Director for Policy Joseph Edlow. The Depart- ment continues to maintain that the November 8, 2019, succession order desig- nating Chad Wolf as Acting Secretary is valid and that Acting Secretary Wolf had the authority to take the actions being ratified in the attached appendix. And the Department continues to maintain that the April 9, 2019, succession order desig- nating Kevin K. McAleenan as Acting Secretary was valid and that Acting Secre- tary McAleenan had the authority to take the actions being ratified in the appendix.

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SECTIONS 201, 232 AND 301 TARIFF INFORMATION AND PRODUCT EX- CLUSIONS [In order to simplify research, Secs. 201, 232 and 301 proclamations, tariff notices and CBP implementation instructions are now covered in the same section of this Update]

USTR schedules hearing for Sec. 301 investigation of Vietnam’s acts, policies, and practices related to currency valuation On November 25, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR–2020– 0037] that USTR will convene a virtual public hearing and accept rebuttal comments in the Section 301 investigation concerning Vietnam’s acts, policies, and practices related to the valuation of its currency.

To be assured of consideration, requests to appear at the hearing must be submitted through the Federal eRulemaking Portal: www.regulations.gov (Regula- tions.gov), following the instructions for submitting comments in section III of the notice by December 10, 2020. The request to appear must include a summary of the testimony. The hearing will be held virtually on December 29, 2020, at 9:30 am. To be assured of consideration, post-hearing rebuttal comments must be submitted by January 7, 2021, at 11:59 pm.

USTR invites hearing testimony regarding:

 Whether Vietnam’s currency is undervalued, and the level of the undervaluation.

 Vietnam’s acts, policies, or practices that contribute to undervaluation of its currency.

 The extent to w hich Vietnam’s acts, policies, or practices contribute to the undervaluation.

 Whether Vietnam’s acts, policies and practices are unreasonable or discriminatory.

 The nature and level of burden or restriction on U.S. commerce caused by the undervaluation of Vietnam’s currency.

 The determinations required under section 304 of the Trade Act, including w hat action, if any, should be taken.

USTR schedules hearing for Sec. 301 investigation of Vietnam’s acts, policies, and practices related to the import and use of illegal timber On November 25, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice [Docket No. USTR–2020– 0036] that USTR will convene a virtual public hearing and accept rebuttal comments in the Section 301 investigation concerning Vietnam’s acts, policies, and practices related to the import and use of illegal timber.

To be assured of consideration, requests to appear at the hearing must be submitted through the Federal eRulemaking Portal: www.regulations.gov (Regula- tions.gov), following the instructions for submitting comments in section III of the notice by December 10, 2020 at 11:59 pm. The request to appear must include a summary of the testimony. The hearing will be held virtually on December 28,

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2020, at 9:30 am. To be assured of consideration, post-hearing rebuttal comments must be submitted by January 6, 2021, at 11:59 pm.

USTR invites hearing testimony regarding:

 The extent to w hich illegal timber is imported into Vietnam.

 The extent to w hich Vietnamese producers, including producers of w ooden furniture, use illegal timber.

 The extent to w hich products of Vietnam made from illegal timber, including w ooden furniture, are imported into the United States.

 Vietnam’s acts, policies, or practices relating to the import and use of illegal timber.

 The nature and level of the burden or restriction on U.S. commerce caused by Vietnam’s import and use of illegal timber.

 The determinations required under section 304 of the Trade Act, including w hat action, if any, should be taken in the investigation.

USTR issues two technical amendments to product exclusions on Tranche 2 ($16 Bn) On November 18, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to make a technical amendment to a previously announced exclusion. The amendment announced in the notice applies as of July 31, 2020, and continues through December 31, 2020. The Annex makes one technical amendment to U.S. note 20(ggg)(4) to subchapter III of chapter 99 of the HTSUS, as set out in the Annex of the notice published at 85 FR 45949 (July 30, 2020). but does not further extend the period for product exclusion extensions. ANNEX

Effective w ith respect to goods entered for consumption, or w ithdraw n from w arehouse for consumption, on or after 12:01 a.m. eastern daylight time on July 31, 2020, and through December 31, 2020, U.S. note 20(ggg)(4) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS), is modified by deleting “Gasoline or liquid propane (LP)” and inserting “Gas (natural or liquid propane (LP) )” in lieu thereof

On November 18, 2020, USTR also published in the Federal Register a notice that announces the USTR’s determination to make a technical amendment to a previously announced exclusion, which is retroactive to the date the original exclusion was published but does not extend the period for the original exclusion.. The Annex to the notice makes one technical amendment to U.S. note 20(o)(14) to subchapter III of chapter 99 of the HTSUS, as set out in the Annex of the notice published at 84 FR 37381 (July 31, 2019).

ANNEX Effective w ith respect to goods entered for consumption, or w ithdraw n from w arehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 23, 2018, and through July 31, 2020, U.S. note 20(o)(14) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS), is modified by deleting “Gasoline or liquid propane (LP)” and inserting “Gas (natural or liquid propane (LP) )” in lieu thereof.

USTR stated that US Customs and Border Protection (CBP) will issue instructions on entry guidance and implementation for both amendments.

International Trade Compliance Update | December 2020 15 8506079-v3\WASDMS Baker McKenzie USTR issues technical amendment to a product exclusion on Tranche 3 ($200 Bn.) On November 13, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to make one technical amendment to a previously announced exclusion. As stated in a September 20, 2019 notice, product exclusions will apply from September 24, 2018 to August 7, 2020. The amendments announced in the notice are retroactive to the date the original exclusions were published and do not further extend the period for the original exclusions. Paragraph A of the An- nex to the notice contains one technical amendment to US note 20(yy)(75) to subchapter III of chapter 99 of the HTSUS, as set out in the Annex of the notice published at 85 FR 27489 (May 8, 2020): ANNEX

Effective w ith respect to goods entered for consumption, or w ithdraw n from w arehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 24, 2018, and through August 7, 2020, U.S. note 20(yy)(75) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS), is modified by deleting “(described in statistical reporting number 8427.90.0090)” and inserting “(described in statistical reporting number 8427.90.0000 prior to July 1, 2019; described in statistical reporting number 8427.90.0090 effective July 1, 2019)” in lieu thereof.

USTR stated that US Customs and Border Protection (CBP) will issue instructions on entry guidance and implementation.

CBP GUIDANCE ON SECS. 201, 232 AND 301 ACTIONS CBP issues updated guidance on the lifting of the TRO on the modification of Sec. 201 action for solar cells and panels On November 27, 2020, CBP issued CSMS #45000915- - UPDATED GUID- ANCE: Temporary Restraining Order on the Modification of Section 201 Action on Solar Cells and Panels Lifted, which is reproduced below:

The purpose of this message is to update guidance provided by U.S. Customs and Border Protection (CBP) on October 23 and October 28, 2020, regarding the modification of the Section 201 Action on Solar Cells and Panels. On November 19, 2020, the U.S. Court of International Trade (CIT) lifted the temporary restraining order (TRO) that restrained CBP from enforcing or making effective Presidential Proclama- tion 10101 insofar as it related to bifacial solar panels. CBP may now enforce the revocation of the exclusion of bifacial panels announced in Presidential Proclamation 10101.

BACKGROUND On January 23, 2018, the President issued Proclamation 9693 to Facilitate Positive Adjustment to Competition from Imports of Certain Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other Products) and for Other Purposes, effective February 7, 2018. See 83 FR 3541. Proclamation 9693 imposed a safeguard measure under Section 201 of the Trade Act of 1974 (Trade Act) for a period of four years. On October 10, 2020, the President issued Proclamation 10101 to Further Facilitate Positive Adjustment to Competition from Imports of Certain Crystalline Silicon Photo- voltaic Cells (Whether or Not Partially or Fully Assembled Into Other Prod- ucts). See 85 FR 65639. The President determined to make tw o modifications to the Section 201 Action w ith regards to solar cells and panels: (1) The duty rate of the safeguard tariff for solar cells (over quota only) and modules for the fourth year of the safeguard measure w as adjusted from 15 percent to 18 percent; and (2) The exclusion of bifacial solar panels from the Section 201 safeguard tariff w as revoked.

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The modifications announced in Presidential Proclamation 10101 are effective for imports, or w arehouse w ithdraw als for consumption, on or after 12:01 a.m. October 25, 2020.

GUIDANCE

With the lifting of the TRO that had restrained CBP from enforcing or making ef fective Presidential Proclamation 10101 insofar as it related to bifacial solar panels, CBP w ill begin enforcing the revocation of the exclusions under HTSUS Chapter 99, U.S. note 18 to subchapter III, subdivision (c)(iii)(15) “bifacial solar panels that absorb light and generate electricity on each side of the panel and that consist of only bifacial solar cells that absorb light and generate electricity on each side of the cells” on merchandise entered or w ithdraw n from w arehouse for consumption on or after 12:01 a.m. October 25, 2020. As of October 25, 2020, bifacial solar panels are now subject to Section 201 duties.

ADDITIONAL INFORMATION Reminder: When importers, brokers, and/or filers are submitting an entry summary in w hich a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858, dated August 30, 2019 (Entry Summary Order of Re- porting for Multiple HTS w hen 98 or 99 HTS are required). Related CSMS Message Numbers: 44583265, 44553480, 18-000262, 18-000169, 18- 000111, 18-000106

CBP issues guidance on Entry Summary and PSC for Sec. 232 exemption for Canadian unwrought aluminum On November 12, 2020, CBP issued CSMS #44838240 - GUIDANCE: Section 232 Exemption for Canadian Unwrought Aluminum - Entry Summary and Post Summary Correction Processing, which is reproduced below:

BACKGROUND

On October 27, 2020, the President signed Presidential Proclamation 10106, “Adjust- ing Imports of Aluminum into the United States,” published in the Federal Register on October 30, 2020 (see 85 FR 68709), reinstating the exemption for products of Canada from the additional 10 percent Section 232 duties on certain non-alloyed unw rought aluminum articles. As a result, for goods entered for consumption, or w ithdraw n from w arehouse for consumption, on or after 12:01am eastern daylight time on September 1, 2020, Harmonized Tariff Schedule (HTS) 9903.85.21 is no longer required for imports of non-alloyed unw rought aluminum articles that are the product of Canada provided for in HTS subheading 7601.10. The Automated Commercial Environment (ACE) w as updated on October 28, 2020 to reflect this change.

The Presidential Proclamation states that the U.S. w ill continue monitoring imports of unw rought aluminum from Canada, and if the U.S. determines that import volume has exceeded a certain amount in any month, the President may re-impose the Section 232 duties retroactively on imports of non-alloyed unw rought aluminum from Canada. Non-alloyed unw rought aluminum of Canada entered on or after August 16, 2020, and prior to September 1, 2020, is still subject to additional duties under 9903.85.21. This is a follow up to CSMS message # 44591106.

GUIDANCE Importers may file Post Summary Corrections (PSCs) to correct entries filed from Sep- tember 1, 2020, through October 27, 2020 that may be eligible for refunds pursuant to the Presidential Proclamation. In the event that a subject entry has liquidated, a protest may be filed seeking a refund based on the Presidential Proclamation. Due to the significant number of entry summary lines filed from September 1, 2020 through October 27, 2020, there may be a delay in processing the post summary corrections and any protests.

Should you have questions regarding this guidance, please contact the Commerc ial

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Operations Revenue and Entry Division (CORE) at [email protected]. Questions from the importing community concerning ACE entry rejections should be referred to their CBP Client Representative. For other trade remedy questions, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04.

Related message numbers: 44591106, 43654621, 42566154, 42355735, 18-000424, 18- 000372, 18-000352, 18-000317.

CBP issues guidance for Sec. 301 Tranche 3 technical amendment On November 18, 2020, CBP issued China, reproduced below:

BACKGROUND On November 13, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 72748, announcing a technical amendment to amend a previously granted exclusion under Section 301 related to goods from China (Tranche 3 - $200B Action).

The technical amendment relates to the imposed additional duties announced in 83 FR 47974, as modified by 83 FR 49153 and 84 FR 20459, on Chinese goods w ith an annual trade value of approximately $200 billion. The USTR has granted a technical amendment to amend a previously granted exclusion under product exclusion round 9903.88.46, announced in 85 FR 27489, dated May 8, 2020.

The technical amendment w ill apply as of September 24, 2018, and w ill extend through August 7, 2020. The functionality for the acceptance of the technical amendment w ill be available in the Automated Commercial Environment (ACE) as of 7 am eastern standard time, November 17, 2020.

GUIDANCE Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below : • Per 85 FR 72748, U.S. note 20(yy)(75) under product exclusion round 9903.88.46 is amended by deleting “(described in statistical reporting number 8427.90.0090)” and inserting “(described in statistical reporting number 8427.90.0000 prior to July 1, 2019; described in statistical reporting number 8427.90.0090 effective July 1, 2019)” in lieu thereof. • Importers shall not submit the corresponding Chapter 99 HTS number for the Sec- tion 301 duties w hen HTS 9903.88.46 is submitted.

ADDITIONAL INFORMATION Imports w hich have been granted a product exclusion from the Section 301 measures, and w hich 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. 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 w ithin the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if w ithin the protest filing timeframe. The latest guidance on the process for submitting retroactive claims for product exclusions to CBP is found in CSMS 42566154. In situations w here an importer has requested a product exclusion and the request is pending w ith the USTR, importers or their licensed representative may submit a request to extend the liquidation of impacted unliquidated entry summaries to CBP. Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS w hen 98 or 99 HTS are required) for guidance w hen filing an entry summary in w hich a heading or subheading in Chapter 99 is claimed on imported merchandise.

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For ease of reference, a summary of Section 301 duties and product exclusion notifications is attached. Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 301 entry-filing requirements, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04. Related Message Numbers: 44451479, 44243021, 44198137, 44016918, 43600625, 43534641, 43400564, 43401456, 43134617, 43044185, 43043838, 42839255, 42837261, 42693720, 42566220, 42355914, 42203908, 42219187, 42181055, 42180527, 42048963, 41955151, 42049352, 48134749, 40003027, 40002982, 40001360, 19-000052, 41702837, 41179115, 41052773, 41538917, 40984510, 40901928, 49710742, 40330403, 40208881, 40969690, 40564257, 39587690, 39587858, 39473933, 39268267, 39169565, 38840764, 19-000332, 19-000260, 19- 000244, 19-000238, 19-000236, 19-000212  Section 301 Tranches and Rounds chart 101620.pdf

THE CHART BELOW SHOWS FEDERAL REGISTER NOTICES AND CSMS MESSAGES RE- LATED TO SEC. 301 EXCLUSIONS

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

Federal Reg- Publication Effectiv e Round Tranche HTS CSMS ister Notice Date Date*

TRANCHE 1 7/6/2018 83 FR 67463 12/28/2018 9903.88.05 19-000052 -12/28/2019 1st 12/28/2019 9903.88.05 84 FR 70616 12/23/2019 41167371 -12/28/2020 extensions 7/6/2018 84 FR 11152 3/25/2019 9903.88.06 19-000155 -3/25/2020 2nd 7/6/2018 – 9903.88.06 85 FR 15849 3/19/2020 42180527 3/25/2021 extensions 7/6/2018 84 FR 16310 4/18/2019 9903.88.07 19-000212 -4/18/2020 3rd 9903.88.07 7/6/2018 - 42355914 Tranche 1 - 85 FR 20332 4/10/2020 4/18/2021 extensions $34 Billion 7/6/2018 84 FR 21389 5/14/2019 9903.88.08 19-000244 25% from -5/14/2020 th 4 7/6/2018 9903.88.08 85 FR 29503 5/15/2020 7/6/2018 - 42839255 Exclusion 12/31/2020 Extensions submis- 7/6/2018 84 FR 25895 6/4/2019 9903.88.10 19-000332 sions due -6/4/2019 th 5 10/9/2018 6/4/2020- 9903.88.50 43043838 85 FR 33775 6/2/2020 12/31/2020 Extensions 7/6/2018 84 FR 32821 7/9/2019 9903.88.11 38840764 -7/9/2020 6th 7/9/2020- 9903.88.52 85 FR 41267 7/9/2020 12/31/2020 Extensions 7/6/2018 84 FR 49564 9/20/2019 9903.88.14 40002982 -9/20/2020 7th 9/20/2020- Extensions 85 FR 59587 9/22/2020 12/31/2020 9903.88.58 44243021 7/6/2018 8th 84 FR 52567 10/2/2019 9903.88.19 40330403 -10/2/2020

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7/6/2018 9th 84 FR 69016 12/17/2019 Amendments & -10/1/2020** corrections

th 7/6/2018 10 85 FR 7816 2/11/2020 9903.88.19 41878462 -10/1/2020**

Original 85 FR 28692 5/13/2020 dates Corrections

Original 43531632 85 FR 42970 7/15/2020 dates Amendment

85 FR 49415 8/13/2020 Original Technical dates amendment 10/2/2020- 9903.88.60 8,9,10 85 FR 62782 10/5/2020 44451479 12/31/2020 Extensions TRANCHE 2 8/23/2018 84 FR 37381 7/31/2019 9903.88.12 39169565 -7/31/2020

Technical 8/23/2018 85 FR 73590 11/18/2020 Amendment -7/31/2020 USN 20(o)(14)

st 7/31/2020- Extensions 1 85 FR 45949 7/30/2020 43600625 12/31/20 9903.88.54 Technical 7/31/2020- 85 FR 73590 11/18/2020 Amendment 12/31/20 USN 20(ggg)(4) 8/23/2018 Tranche 2 - 85 FR 49414 8/13/2020 Technical $16 Billion -7/31/2020 Amendment 8/23/2018 84 FR 49600 9/20/2019 9903.88.17 40001360 25% from -9/20/2020 2nd 8/23/2018 9/20/2020- Extensions 85 FR 59595 9/22/2020 44198137 Exclusion 12/31/2020 9903.88.59 submis- 8/23/2018 3rd 84 FR 52553 10/2/2019 9903.88.20 40208881 sions due -10/2/2020 12/18/2018 8/23/2018 Amendments & 4th 84 FR 69011 12/17/2019 to ** corrections 8/23/2018 Adds US Note -10/1/2020 20(y)(112) 5th 85 FR 10808 2/25/2020 10/2/2019- Amendment 10/1/2020 85 FR 28691 5/13/2020 Original Corrections dates Modifications 8/23/2018 and 1 moved 43531632 85 FR 43291 7/16/2020 -10/2/2020 from tranche 1 to 2

10/2/2020- Extensions 85 FR 62786 10/5/2020 2 44450418 12/31/2020 9903.88.61

TRANCHE 3

st 9/24/2018- 1 84 FR 38717 8/7/2019 9903.88.13 39268267 Tranche 3 - 8/7/2020 $200 Billion 9/24/2018 2nd 84 FR 49591 9/20/2019 9903.88.18 40003027 25% from -8/7/2020 9/24/2018 3rd 9/24/2018 84 FR 57803 10/28/2019 9903.88.33 40564257 -8/7/2020 Exclusion 9/24/2018 4th 84 FR 61674 11/13/2019 9903.88.34 40710742 submis- -8/7/2020 sions due 9/24/2018 5th 9/30/2019 84 FR 65882 11/29/2019 9903.88.35 40901928 -8/7/2020

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9/24/2018 6th 84 FR 69012 12/17/19 9903.88.36 41052773 -8/7/2020 9/24/2018 7th 85 FR 549 1/6/2020 9903.88.37 41702837 -8/7/2020 9/24/2018 8th 85 FR 6674 2/5/2020 9903.88.38 41834749 -8/7/2020 9/24/2018 9th 85 FR 9921 2/20/2020 9903.88.40 41998518 -8/7/2020 9/24/2018 10th 85 FR 15015 3/16/2020 9903.88.41 42048963 -8/7/2020 9/24/2018 11th 85 FR 17158 3/26/2020 9903.88.43 42181055 -8/7/2020 9/24/2018 12th 85 FR 23122 4/24/2020 9903.88.45 42566220 -8/7/2020 9/24/2018 85 FR 27489 5/8/2020 9903.88.46 42693720 -8/7/2020 13th 9/24/2018 Technical 85 FR 72748 11/13/2020 amendment to 44905878 -8/7/2020 USN 20 (yy) (75) 9/24/2018 14th 85 FR 32094 5/28/2020 9903.88.48 43044185 -8/7/2020 9/24/2018 85 FR 38000 6/24/2020 1 exclusion 43400564 -8/7/2020 9/24/2018 85 FR 42968 7/15/2020 Amendments 43464503 -8/7/2020 8/7/2020 9903.88.56 43687570 15th 85 FR 48600 8/11/2020 -12/31/2020 Extensions 43751936 9/24/018 Exclusions & 16th 85 FR 52188 8/24/2020 43828656 -8/7/2020 Amendments Extension 8/7/2020- 44172343 85 FR 57925 9/16/2020 Technical 44172307 12/31/2020 amendment

9/24/2018 Technical 85 FR 63329 10/7/2020 -8/7/2020 Amendment

Technical 8/7/2020- 85 FR 63332 10/7/2020 Amendments 12/31/2020 on Extensions

TRANCHE 4 9/1/2019 1st 85 FR 13970 3/10/2020 9903.88.39 41955151 -9/1/2020 9/1/2019 2nd 85 FR 15244 3/17/2020 9903.88.42 42049352 -9/1/2020 Tranche 4A 9/1/2019 3rd 85 FR 17936 3/31/2020 9903.88.44 42219187 $300 Billion -9/1/2020 Exclusion 9/1/2019 4th submis- 85 FR 28693 5/13/2020 9903.88.47 42837261 sions due -9/1/2020 1/31/20 9/1/2019 9903.88.47 5th 85 FR 32098 5/28/2020 -9/1/2020 Amendments 15% from 9/1/2019 6th 9/1/2019 to 85 FR 35975 6/12/2020 9903.88.49 43134617 -9/1/2020 2/13/2020; 9/1/2019 7th 7.5% from 85 FR 41658 7/10/2020 9903.88.51 43401456 2/14/2020 -9/1/2020 9/1/2019 8th 85 FR 44563 7/23/2020 9903.88.53 43534641 -9/1/2020 9/1/2019 9th 85 FR 48627 8/11/2020 9903.88.55 43656381 -9/1/2020

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9/1/2020 Extensions 10th 85 FR 54616 9/2/2020 44016918 -12/31/2020 9903.88.57 9/1/2019 Technical 85 FR 63331 10/7/2020 -9/1/2020 Amendment

Technical 9/1/2020 85 FR 63330 10/7/2020 Amendments -12/31/2020 On Extensions

*/ Tranche 1 exclusions are retroactive to 7/6/2018 and expire 1 year after publication Tranche 2 exclusions are retroactive to 8/23/2018 and expire 1 year after publication Tranche 3 exclusions are retroactive to 9/24/2018 and will expire on 8/7/2020 Tranche 4 exclusions are retroactive to 9/1/2019 and will expire on 9/1/2020 **/ Corrections are retroactive to original date but do not extend exclusions beyond original expiration dates

CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES DHS/CBP extend land and ferry travel restrictions to/from Mexico and Canada On November 23, 2020, Office of the Secretary of the Department of Homeland Security (DHS) and US Customs and Border Protection (CBP) published in the Federal Register a notification of continuation of temporary travel restrictions at land ports of entry and ferries between the United States and Mexico from No- vember 22 until December 21, 2020. For purposes of the temporary alteration in certain designated ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and (b)(2), travel through the land ports of entry and ferry terminals along the United States-Mexico border shall be limited to “essential travel.” At this time, this Notification does not apply to air, freight rail, or sea travel between the United States and Mexico, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Mexico.

On the same date, a similar notification was published by DHS/CBP in the Fed- eral Register that continues to temporarily limit the travel of individuals from Can- ada into the United States at land ports of entry and ferries along the United States-Canada border through December 21, 2020.

Given the definition of “essential travel” in each notification, the temporary alteration in land ports of entry operations should not interrupt legitimate trade between the two nations or disrupt critical supply chains that ensure food, fuel, medicine, and other critical materials reach individuals on both sides of the two borders. [See our October Update for the definitions of “essential travel” and other details for both notifications.]

CBP announces COAC meeting for December 16. On November 25, 2020 US Customs and Border Protection (CBP) published in the Federal Register a notice [Docket No. USCBP-2020-0064] that Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, December 16, 2020. The meeting will be open to the public via webinar only. There is no on-site, in-person option for this quarterly meeting. The COAC will meet on Wednesday, December 16, 2020, from 1:00 p.m. to 5:00 p.m. EST. The meeting may close early if the committee has completed its business. Comments must be submitted in writing no later than December 15, 2020.

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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: 1. The Secure Trade Lanes Subcommittee w ill present updates related to the four active w orking groups as follow s: Trusted Trader Working Group w ill present recommendations on the new ly issued CBP White Paper for the Implementation of CTPAT Trade Compliance Requirements for Forced Labor; the In-Bond Working Group w ill provide an update on the ongoing w ork w ith the technical enhancements that is being shared w ith the Trade Support Netw ork; the Export Modernization Working Group w ill report on the progress of the development of the White Paper mentioned during the October COAC meeting and present additional recommendations; and, the Remote and Autonomous Cargo Processing Working Group w ill provide an update on the progress review ing the various modes of conveyance and automation opportunities.

2. The Intelligent Enforcement Subcommittee w ill discuss the kickoff of the Intellectual Property Rights Process Modernization Working Group that w ill leverage prior recommendations by formulating recommendations to address automation and data shar- ing. The Bond Working Group w ill report on continued w ork w ith CBP on the Mone- tary Guidelines for Setting Bond Amounts as part of a larger risk-based bonding initiative. The Anti-Dumping and Countervailing Duty (AD/CVD) Working Group w ill report on their continued w ork w ith CBP related to the grow ing number of complex AD/CVD cases. The Forced Labor Working Group w ill report on progress tow ard prioritized recommendations and future scope of w ork.

3. The Next Generation Facilitation Subcommittee w ill provide an update on the progress of the One U.S. Government Working Group and w ork-to-date on the Global Business Identifier initiative. The subcommittee w ill also report on their progress w ith Partner Government Agencies regarding advancement in Trusted Trader initiatives. There w ill be an update by the Emerging Technologies Working Group regarding their assessment of various technologies such as quantum computing evaluated this past quarter that could be adapted for use by CBP and the trade. The subcommittee w ill provide an update on the 21st Century Customs Framew ork initiative.

4. The Rapid Response Subcommittee w ill discuss the w ork that has been done by the Broker Exam Modernization Working Group regarding resolving challenges en- countered during the recent October exam and continuing efforts to modernize and improve the quality and experience of future broker exams.

Meeting materials will be available by December 14, 2020, at: https://www.cbp.gov/trade/stakeholder-engagement/coac/coac-public-meetings.

Miscellaneous DHS and CBP Federal Register documents The following documents not discussed above were published by the Department of Homeland Security (DHS) or CBP in the Federal Register. [Note that multiple listings of approved gaugers and laboratories reflects different locations and/or products.]

F.R. Date Subject

CBP: Agency Information Collection Activities: Bonded Warehouse Regulations [OMB Control No. 1651-0041] (N) 11-18-20 CBP: Agency Information Collection Activities: Documentation Requirements for Articles Entered Under Various Special Tariff Treatment Provisions [OMB Con- trol No. 1651-0067] (N) DHS: Collection of Alien Biometric Data Upon Exit from the United States at Air and Sea Ports of Departure; United States Visitor and Immigrant Status Indica- 11-19-20 tor Technology Program (“USVISIT”) [Docket No. DHS-2008-0039] (PR/W) DHS/CBP: Collection of Biometric Data from Aliens Upon Entry to and Depar- ture from the United States [Docket No. USCBP-2020-0062] (PR)

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F.R. Date Subject CBP: Agency Information Collection Activities: Declaration of Person Who Per- 11-23-20 formed Repairs or Alterations [OMB Control No. 1651-0048] (N) CBP: Agency Information Collection Activities: Generic Clearance for the Collec- 11-25-20 tion of Qualitative Feedback on Agency Service Delivery [OMB Control No. 1651-0136] (N) CBP: Agency Information Collection Activities: Application for Waiver of Pass- 11-3-20 port and/or Visa (DHS Form I-193) [OMB Control No. 1651-0107] (N) [DHS Form I-193]

EAPA Notices of Action and Final Determinations The following Notices of Action and Final Determinations under the Enforce and Protect Act (Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015) relating to alleged evasion of antidumping or countervailing duties were posted by CBP:

Date Subject EAPA Cons. Case No. 7335: Norca Industrial Company, LLC (Norca) and Inter- 11-06-20 national Piping & Procurement Group, LP (Notice of Determination as to Eva- sion)

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 #44676455 - SAVE THE DATE: CBP Conducting Protest Webinar 12/9/2020 CSMS #44677778 - ACE Ocean Manifest Status Notification message delay CSMS #44679522 - ACE Import Accounts System Issue 11-02-20 CSMS #44681174 - RESOLVED - ACE Import Accounts System Issue CSMS #44681863 - UPDATE: ACE Ocean Manifest Status Notification message delay continues CSMS #44683415 - RESOLVED: ACE Ocean Manifest Status Notification Mes- sages Delay CSMS #44689243 - ACE Ocean Manifest Status Notification message delay CSMS #44691296 - EDI message Processing Delays in ACE Air Manifest CSMS #44691495 - FDA Supplemental Guide w as Updated to Address Minor 11-03-20 Issues CSMS #44692305 - RESOLVED: EDI message Processing Delays in ACE Air Manifest CSMS #44698646 - FDA Scheduled System Dow n Time: Sat., Nov 7, 2020 10:00 PM to Sun., Nov 8, 2020 03:00 AM ET CSMS #44698646 - FDA Scheduled System Dow n Time: Sat., Nov 7, 2020 11-04-20 10:00 PM to Sun., Nov 8, 2020 03:00 AM ET CSMS #44702414 - RESOLVED: EDI message Processing Delays in ACE Air Manifest CSMS #44707941 - Guidance for trade to address three issues related to the 11-05-20 National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS) Implementation

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Date CSMS# and Title Guide (dated February 2020) CSMS #44710394 - Updates related to FDA’s Section 804 Drug Importation Program have been deployed to CBP’s Certification Region CSMS #44711185 - November 7 Quota opening: Large Residential Washing Machines 2020 Period 4 CSMS #44714702 - Post Summary Correction (PSC) Revert Capability and Liquidation Timeframe Policy CSMS #44720821 - REMINDER: FDA Scheduled System Dow n Time: Sat., Nov 7, 2020 10:00 PM to Sun., Nov 8, 2020 03:00 AM ET CSMS #44720893 - Food and Drug Administration (FDA) New Center for Bio- logics Evaluation and Research (CBER) Product Code 11-06-20 CSMS #44721344 - Food and Drug Administration (FDA) New Center for Drug Evaluation and Research (CDER) Product Code CSMS #44724455 - FDA Scheduled System Dow n Time: Fri., Nov 6, 2020 11:30 PM to Sat., Nov 7, 2020 12:30 AM ET CSMS #44740755 - ACE under maintenance 11-08-20 CSMS #44740875 - RESOLVED: ACE under maintenance CSMS #44743727 - FDA Section 804 Port Limitation CSMS #44747945 - Status Notification delay for ACE Ocean and Air Manifest CSMS #44749640 - Issue w ith ACE System Failures on Quota Entry Summar- ies 11-09-20 CSMS #44749998 - Full Implementation of the FWS Message Set in ACE is delayed; enforcement of mandatory submission in ACE is now expected in March 2021 CSMS #44753747 - Status Notification delay for ACE Ocean and Air Manifest CSMS #44767878 - Status Notification delay for ACE Ocean and Air Manifest CSMS #44788494 - Information on the Deployment of Real-time ASI in Auto- 11-10-20 mated Commercial Environment (ACE) CSMS #44794401 - Update-Status Notification delay for ACE Ocean and Air Manifest CSMS #44811883 - ACE under maintenance 11-11-20 CSMS #44812998 - RESOLVED: ACE under maintenance CSMS #44836994 -Initiation of Antidumping and Countervailing Duty Investiga- tions: Utility Scale Wind Tow ers from India, Malaysia, and Spain CSMS #44838240 - GUIDANCE: Section 232 Exemption for Canadian Un- w rought Aluminum - Entry Summary and Post Summary Correction Processing CSMS #44839757 - ANNOUNCEMENT: CBP Conducting Protest Webinar 12/9/2020 CSMS #44839787 - Issue w ith Some AEs Failing and Returning ACE System 11-12-20 Failure CSMS #44840249 - Statements Reroute Request Failure CSMS #44840554 - CPSC 1USG Messaging Update CSMS #44840710 - Upcoming implementation dates in ACE CERT and PROD, for enforcing the mandatory submission of the APHIS Core Message Set CSMS #44841067 - RESOLVED - Issue w ith Some AEs Failing and Returning ACE System Failure CSMS #44841718 - Updated: Statements Reroute Request Failure CSMS #44841828 - Updated: Statements Reroute Request Failure CSMS #44847455 - Status Notification delay for ACE Air Manifest CSMS #44847604 - Correction to Title: Status Notification delay for ACE Air Manifest CSMS #44848430 - An updated FDA Supplemental Guide v. 2.5.2, dated No- 11-13-20 vember 9, 2020, is Posted CSMS #44848591 - RESOLVED - Status Notification delay for ACE Air Mani- fest CSMS #44854300 - CERTIFICATION ENVIRONMENT ACE Entry Summary w ith ACE System Failure resolved

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Date CSMS# and Title CSMS #44878076 - REMINDER: Transmitting the proper IRT rate to CBP. 11-16-20 CSMS #44878375 - UPDATE: Programming update for certain CBMA HTS codes. CSMS #44890398 - Accelerated Liquidation Policy and Post Summary Correc- 11-17-20 tion (PSC) Status Check CSMS #44902471 - ACE ABI Cargo Manifest Query delays CSMS #44905160 - RESOLVED: ACE ABI Cargo Manifest Query delays CSMS #44905334 - FDA ITACS Planned Maintenance Friday, 11/20/2020 11-18-20 11:00pm – Saturday 11/21/2020 8:00am ET CSMS #44905385 - Draw back: Duplicate Privilege Approval Policy Update CSMS #44905878 - GUIDANCE: Section 301 Tranche 3 - $200B Action Tech- nical Amendment to Product Exclusion from China CSMS #44912695 - FDA ITACS Planned Maintenance Friday, 11/20/2020 11:00pm – Saturday 11/21/2020 8:00am ET CSMS #44913327 - Correction: FDA ITACS Planned Maintenance Friday, 11-19-20 11/20/2020 9:00pm – Saturday 11/21/2020 6:00am ET CSMS #44917890 - FDA Duns and Bradstreet Portal Status CSMS #44918296 - RESOLVED: Issue w ith Quarterly HMT on Draw back Claims CSMS #44968542 - Delays in ABI Inbond QP/WP Processing 11-24-20 CSMS #44970552 - RESOLVED : Delays in ABI Inbond QP/WP Processing 11-25-20 CSMS #44980005 - ISF CATAIR (ABI) Deployment 12/10/2020 CSMS #45000915 - UPDATED GUIDANCE: Temporary Restraining Order on 11-27-20 the Modification of Section 201 Action on Solar Cells and Panels Lifted CSMS #45015283 - ACE Collections Release 3 - Deferred Tax Draft CATAIR CSMS #45021804 - REMINDER: Upgraded Reports and Data Universes Now 11-30-20 Available in ACE Reports CSMS #45022198 - Updated ACE EPA CATAIR posted – Updated Contacts and Clarifications

Foreign Trade Zones The following documents were published in the Federal Register by the Foreign- Trade Zones Board or the International Trade Administration (ITA):

F.R. Date Document Foreign-Trade Zone 139 -- Sierra Vista, Arizona; Withdraw al of Application for Reorganization (Expansion of Service Area) under Alternative Site Framew ork [B-22-2020] 11-02-20 Foreign-Trade Zone 26 – Atlanta, Georgia; Notification of Proposed Production Activity; Zinus USA Inc. (Foam Bedding), McDonough, Georgia [B- 63-2020] Approval of Subzone Status; Childers Guns, LLC, Fairmont, West Virginia [S- 11-04-20 131-2020] Foreign-Trade Zone 44 – Mt. Olive, New Jersey Application for Subzone MANE USA Wayne and Parsippany, New Jersey [S-196-2020] Foreign-Trade Zone 168--Dallas/Fort Worth, Texas; Notification of Proposed Production Activity; Gulfstream Aerospace Corporation (Disassembly of Air- 11-05-20 craft) Dallas, Texas [B-65-2020] Foreign- Zone 106 – Oklahoma City, Oklahoma Notification of Proposed Pro- duction Activity Miraclon Corporation (Flexographic/Aluminum Printing Plates and Direct Imaging/Thermo Imaging Layer Film) Weatherford, Oklahoma [B-64- 2020] Foreign-Trade Zone 116 – Port Arthur, Texas; Application for Subzone; Port 11-06-20 Arthur LNG, LLC Port Arthur and Jefferson County, Texas [B-66-2020] Approval of Expansion of Subzone 65A; Eastern Shipbuilding Group, Inc.; Pan- 11-09-20 ama City and Port St. Joe, Florida [S-151-2020]

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F.R. Date Document ITA: Agency Information Collection Activities; Submission to the Office of Man- agement and Budget (OMB) for Review and Approval; Comment Request; An- 11-12-20 nual Report from Foreign-Trade Zones [OMB Control Number: 0625-0109] [ITA Form ITA-359P] Foreign-Trade Zone 26 – Atlanta, Georgia; Notification of Proposed Production 11-13-20 Activity; Ricoh Electronics, Inc. (Toner Products, Thermal Paper and Thermal Film), Law renceville and Buford, Georgia [B-67-2020] Foreign-Trade Zone 26 – Atlanta, Georgia; Authorization of Production Activity; Ricoh Electronics, Inc. (Toner Products, Thermal Paper and Film) Law renceville and Buford, Georgia [B-45-2020] 11-16-20 Foreign-Trade Zone 279 – Houma, Louisiana; Notification of Proposed Produc- tion Activity; Deepw ater Riser Services (Offshore Drilling Riser Systems and Equipment), Houma, Louisiana [B-68-2020] Foreign-Trade Zone 18 – San Jose, California; Application for Subzone Expan- 11-18-20 sion; Lam Research Corporation Fremont, California [S-202-2020] Approval of Subzone Status Sager Electronics Carrollton, Texas [S-163-2020] Foreign-Trade Zone 49 – New ark and Elizabeth, New Jersey; Authorization of 11-19-20 Production Activity; Catalent Pharma Solutions (Pharmaceutical Products), Somerset, New Jersey [B-47-2020] Approval of Subzone Status; Lake Charles LNG Export Company, LLC; Lake Charles, Louisiana [Order No. 2107] 11-27-20 Foreign-Trade Zone 183 – Austin, Texas; Authorization of Production Activity; Flextronics America, LLC (Automated Data Processing Machines) Austin, Texas [B-49-2020]

EXPORT CONTROLS AND SANCTIONS OFAC extends Venezuela-related General License authorizing wind-down transactions On November 17, 2020, the US Treasury Department’s Office of Foreign Asset Control (OFAC) amended General License (“GL”) 8F and re-issued it as General License 8G. GL 8G extends the validity period of certain limited maintenance and wind-down transactions and activities involving Petróleos de Venezuela S.A. (“PdVSA”) until June 3, 2021. Our blog posts describing previous amendments to the general license are available here, here, here, and here.

Specifically, GL 8G extends the validity period of the authorization for certain transactions and activities otherwise prohibited by Executive Order (“EO”) 13850 (as amended by EO 13857) or EO 13884 that are ordinarily incident and necessary to the limited maintenance of essential operations, contracts, or other agreements that are (i) for the safety or the preservation of assets in Venezuela, (ii) involve PdVSA or its 50%-or-more owned subsidiaries, and (iii) were in effect prior to July 26, 2019 for the following entities and their subsidiaries: Chevron Corpo- ration; Halliburton; Schlumberger Limited; Baker Hughes; and Weatherford Inter- national (“Covered Entities”). Importantly, GL 8G also extends the validity period of the authorization to wind-down PdVSA-related activities involving Covered En- tities, effectively providing US companies an additional six months to exit the market. The additional six months is likely a recognition by OFAC of the com- plexities in doing so. Beyond the extension of the validity period, there were no further substantial changes to GL as there have been in previously amended ver- sions.

The authors, Nicholas F. Coward and Meghan Hamilton, acknowledge the assistance of Ryan Orange for this blog post.

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US Government restricts remittances to Cuba On October 27, 2020, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published a final rule amending the Cuban Assets Control Regu- lations (CACR) restricting certain remittance-related transactions to and from Cuba (the “Final Rule”). OFAC also published updated and new Frequently Asked Questions (FAQs) related to transactions with Cuba. Significantly, the recent amendments will have the practical effect of making remittances to Cuba more difficult.

The Final Rule becomes effective on November 26, 2020 and is yet another amendment to the CACR targeted at decreasing travel, trade, and transactions with Cuba. For additional information on recent amendments to the CACR, see our blog post here and here.

The Final Rule amends the CACR to prohibit the collection, forwarding, or receipt of remittances involving entities or subentities identified on the US State Depart- ment’s Cuba Restricted List (CRL). The CRL, maintained by the US State De- partment, is a list of entities and subentities that are under the control of, act for or on behalf of, the Cuban military, intelligence, or security service or personnel, and with which direct financial transactions would disproportionately benefit the Cuban military, intelligence, or security services or personnel at the expense of the Cuban people. Specifically, the Final Rule removes CRL entities from the scope of the following general licenses:

1. CACR § 515.570, authorizing, in relevant part, remittances from persons subject to US jurisdiction to nationals of Cuba w ho are close relatives and to Cuban NGOs; 2. CACR § 515.572(a)(3), authorizing, in relevant part, the provision of remittance forw arding services by US-registered money transmitters; and

3. CACR § 515.587, authorizing remittances from Cuban nationals to persons subject to US jurisdiction.

OFAC also made corresponding amendments to clarify that such remittance transactions involving CRL parties are not permitted as ordinarily incident to licensed transactions under CACR § 515.421. As a result of these amendments, persons subject to US jurisdiction will no longer be authorized to process remittances to or from Cuba through Cuban financial services companies like FINCIMEX and RAFIN S.A., which are designated on the CRL.

Authors: Nicholas F. Coward, Inessa Owens and Andrea Tovar.

OFAC designates additional Iranian persons; issues General Li- cense 8A to cover humanitarian transactions involving NIOC On October 26, 2020, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated additional Iranian individuals, entities and vessels to the Specifically Designated Nationals and Blocked Persons List (the “SDN” List) pursuant to Executive Order 13224 (as amended) (EO 13224), a counter-terrorism authority, for their support to Iran’s Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF), an entity designated under EO 13224. Among the designated entities are the Iranian Ministry of Petroleum, the National Iranian Oil Company

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(NIOC), the National Iranian Tanker Company (NITC), and several entities and individuals associated with these three parties, including front companies, subsidiaries, and senior executives. A list of the designated parties is available here and the press release is available here. US persons are prohibited from engaging in dealings with SDNs, and all property and interests in property of these SDNs that come within the United States or within the possession or control of a US person must be blocked (i.e., “frozen”). In addition, providing support to or otherwise dealing with these SDNs may result in the imposition of secondary sanctions against non-US persons.

Concurrent with these designations, OFAC issued an amended General License No. 8A (“GL 8A”) to replace General License No. 8 that adds NIOC to the scope of the general license. Our prior blog post on the issuance of GL 8 is available here. GL 8A authorizes US Persons and non-US entities owned or controlled by US Persons to engage in certain Iran-related humanitarian transactions involving the Central Bank of Iran (“CBI”), NIOC or any entity 50 percent or more owned by the NIOC, including transactions authorized under the Iranian Transac- tions and Sanctions Regulations to export/reexport agricultural commodities, medicines, or medical devices to Iran. OFAC has also updated Frequently Asked Questions relating to GL 8A (821, 822, 823, 825, 828, and 844). The addition of NIOC to GL 8A enables US and non-US persons to receive/process payments from Iran for the sale of humanitarian goods to Iran that may, directly or indirectly, involve NIOC. OFAC has not explained its reasoning for adding NIOC to the general license and NIOC’s possible role in humanitarian transactions. However, OFAC guidance issued in July 2013 noted that Iranian oil revenues held in CBI or non-designated Iranian bank accounts at foreign banks may be used to finance exports of humanitarian goods to Iran without triggering sanctions for the foreign bank. Accordingly, it would seem that NIOC may have been added to GL 8A to allow for the continued use of Iranian oil revenues held in foreign banks outside Iran as payment for the sale of humanitarian goods to Iran notwithstanding the designation of NIOC under EO 13224.

Authors: Kerry B. Contini, Lise S. Test and Iris Zhang.

BIS seeks comments for proposed controls on “Software” for the operation of certain automated nucleic acid assemblers and synthesizers

On November 6, 2020, the Bureau of Industry and Security (BIS) published in the Federal Register a proposed rule [Docket No. 200930-0261] to amend the CCL by adding a new ECCN 2D352 to control “software” for the operation of nucleic acid assemblers and synthesizers controlled under Export Control Classification Number (ECCN) 2B352 that is capable of designing and building functional genetic elements from digital sequence data. Certain items that could be of potential concern for export control purposes are not yet listed on the CCL or controlled multilaterally, because they represent emerging technologies BIS has determined that this “software” is capable of being used to operate nucleic acid assemblers and synthesizers controlled under ECCN 2B352 for the purpose of gen- erating pathogens and toxins without the need to acquire controlled genetic elements and organisms. Consequently, the absence of export controls on this “software” could be exploited for biological weapons purposes The rule also requests

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public comments to ensure that the scope of these proposed controls will be effective and appropriate (with respect to their potential impact on legitimate commercial or scientific applications). Comments must be received by BIS no later than December 21, 2020.

BIS amends Export Administration Regulations to implement export enforcement provisions of ECRA On November 17, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule (“Final Rule”) amending and clarifying certain provisions of the Export Administration Regulations (EAR) to make them consistent with the Export Control Reform Act of 2018 (ECRA). The Final Rule also amends certain provisions of the EAR (not strictly concerning ECRA implementation) regarding the issuance of export licenses and denial orders and the payment of civil penalties. For more information about ECRA, please review our prior blog posts here and here.

Revisions to EAR Provisions Related to ECRA Implementation

The Final Rule amends the EAR to reflect the expanded enforcement authorities of the Secretary of Commerce and update certain provisions to make them consistent with ECRA. Such amendments include:

 Replacing references to the Export Administration Act of 1979 (EAA) w ith references to ECRA and other export law s and regulations

 Amending the EAR’s Enforcement Provisions: The revisions to the EAR reflect the expanded scope of authority provided to the Secretary of Commerce in ECRA and also implement the follow ing enforcement tools: o Pre-license checks (PLCs) and Post-Shipment Verifications (PSVs): The Fi- nal Rule clarifies BIS’s authority to conduct PLCs and PSVs outside of the United States. In addition, the results of PLCs, w hen available, w ill be com- municated to licensing officials w ithin existing timeframes governing the conduct of PLCs and considered in determining the outcome of a license application. o Inspection of Books, Records, and Other Information: The amended EAR provisions reflect that ECRA gave BIS clear authority to request production or inspect books, records, and other information kept pursuant to the EAR by both persons located in the United States and outside the United States. o Overseas investigative authority; searches, inspections, detentions, and seizures, and related authorities concerning exports, reexports, and transfers (in-country): The Final Rule amends and renames several EAR provisions to address the Secretary of Commerce’s expanded authority to conduct export enforcement investigations both w ithin and outside the United States under ECRA and ability to enforce EAR provisions that restrict the activities of US persons in connection w ith certain w eapons of mass destruction-related end uses described in EAR Section 744.6. o Violations and Penalties under ECRA: BIS made multiple amendments to the EAR to align provisions w ith ECRA w hile retaining certain EAA provisions that remain in force. In addition, Supplement No. 1 to EAR Part 764 w as amended to include a prohibition on transfers (in-country) to, or on behalf of, a denied person in the terms of a standard denial order. Additional Revisions to the EAR’s Enforcement Provisions

The Final Rule also amends and clarifies certain EAR provisions unrelated to ECRA implementation. These amendments include:

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 Clarification that any license obtained based on a false or misleading misrepre- sentation or the falsification or concealment of a material fact is void as of the date of issuance.

 Revision to the maximum time period for payment of civil penalties, as a condition of receiving certain privileges under the EAR, from one year to tw o years.

 Revision to clarify w hen the US Department of State’s Directorate of Defense Trade Controls may not issue licenses, or may deny licenses, involving certain parties indicted for, or convicted of, violations of certain statutes specified in the Arms Export Control Act.

 Clarification that the Director of the Office of Export Administration is the designated BIS official for the issuance of certain orders, notifications, and authoriza- tions. Authors: Paul Amberg, Alexandre (Alex) Lamy and Andrea Tovar

Commerce amends National Security License Review Policy for items destined to China, Russia, and Venezuela On October 29, 2020, the Commerce Department’s Bureau of Industry and Secu- rity (BIS) issued a final rule (the “final rule”) amending the license review policy under the Export Administration Regulations (EAR) for items controlled for national security (“NS”) reasons when destined to China, Russia, or Venezuela. The amendments add Venezuela to the list of countries to which the policy applies and modify the policy to replace the reference to military capabilities with a new, more nuanced standard for assessing the contribution an item would make to those countries’ weapons systems.

Under the amended licensing policy, BIS will review each license application covering an export, reexport, or transfer (in-country) of items controlled for NS reasons to China, Russia, or Venezuela to determine, on a case-by-case basis, whether the proposed transaction will make a material contribution to the weapons systems capability of those countries. BIS will apply a presumption of approval when an export, reexport, or transfer (in-country) is destined for a civil end-user for civil end-uses in China, Russia, or Venezuela. BIS will apply a presumption of denial when the items would make a material contribution to the “development” or “production” (as those terms are defined in the EAR), maintenance, repair, or operation of weapons systems, subsystems, and assemblies in those countries, such as those described in Supplement No. 7 to Part 742 of the EAR.

The final rule includes an illustrative list of factors BIS will consider in reviewing these license applications. These factors are intended to inform BIS’ assess- ments and licensing determinations. They also provide helpful guidance to exporters with respect to the information and advocacy they can provide in support of their license applications. The factors are as follows:

1. The appropriateness of the export, reexport, or transfer for the stated end-use; 2. The significance of the item for the w eapons systems capabilities of the importing country; 3. Whether any party is a military end-user, as defined in § 744.21(g) of the EAR; 4. The reliability of the parties to the transaction, including w hether:  An export or reexport license application has previously been denied;

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 Any parties are or have been engaged in unlaw ful procurement or diversion activities;  The parties are capable of securely handling and storing the items; and

 End-use checks have been and may be conducted by BIS or another U.S. government agency on parties to the transaction; 5. The involvement of any party to the transaction in military activities; 6. Government strategies and policies that support the diversion of exports from their stated civil end use and redirection tow ards military end use; and 7. The scope and effectiveness of the export control system in the importing country.

License reviews of items subject to the policy will also include an assessment of the impact of the proposed export on the US defense industrial base. The final rule provides that license applications will be denied if BIS finds that the license would have a “significant negative impact” on the US defense industrial base, which is defined to include reductions in US production of items that are the result of research and development funded or carried out by the Department of De- fense, or in the availability of US-produced items likely to be acquired by it, among other criteria. This amendment to the licensing policy for NS items follows an April 2020 expansion of licensing requirements for items intended for military end-use or military end-users in China, Russia, and Venezuela. Our prior blog posts on that development and on the June 2020 clarifications that followed are available here and here.

Authors: Sylwia A. Lis, Lise S. Test and Daniel Andreeff.

State issues guidance for the Protecting Europe’s Energy Security Act (PEESA) On November 5, 2020, the Department of State published in the Federal Register public guidance for the Protecting Europe’s Energy Security Act (PEESA) to take an expansive interpretation of the available authorities under PEESA by issuing clarifying public guidance and FAQs on the term “provided those vessels for the construction of such a project” under Section 7503(a)(1)(B) of PEESA. The public guidance for PEESA is effective on October 20, 2020.

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 11-02-20 OFAC: Notice of OFAC Sanctions Actions (N) 11-03-20 OFAC: Notice of OFAC Sanctions Actions (N) STATE: In the Matter of the Designation of the Eastern Turkistan Islamic Move- ment also know n as ETIM as a “terrorist organization” pursuant to Section 11-05-20 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act, as amended. [Public Notice:11252] (N) 11-13-20 OFAC: Notice of OFAC Sanctions Actions (N) 11-16-20 OFAC: Notice of OFAC Sanctions Actions (N)

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F.R. Date Applicable orders

STATE: Designation of Abdullahi Osman Mohamed as a Specially Designated 11-24-20 Global Terrorist Designation of Abdullahi Osman Mohamed as a Specially Des- ignated Global Terrorist [Public Notice: 11266] (N) STATE: Designation of Maalim Ayman as a Specially Designated Global Terror- ist [Public Notice: 11265 ] (N) STATE: Imposition of Nonproliferation Measures Against Foreign Persons, In- 11-25-20 cluding a Ban on U.S. Government Procurement [Public Notice 11263] (N)

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

AGENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; FINCEN = FINANCIAL CRIMES ENFORCE- MENT NETWORK; ITA: INTERNATIONAL TRADE ADMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; NOAA=NATIONAL OCEANIC AND ATMOSPHERIC ADM.; 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

NOAA: Modification of Deadlines Under the Fish and Fish Product Import Provi- 11-03-20 sions of the Marine Mammal Protection Act [Docket No. 201023-0279] (IFR/RFC] ITA: Quarterly Update to Annual Listing of Foreign Government Subsidies on Ar- 11-05-20 ticles of Cheese Subject to an In-Quota Rate of Duty (N) NOAA/NATIONAL MARINE FISHERIES SERVICE (NMFS): Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act— Notifica- 11-09-20 tion of Rejection of Petition and Issuance of Comparability Findings [Docket No. 201029–0282] BIS: Agency Information Collection Activities; Submission to the Office of Man- agement and Budget (OMB) for Review and Approval; Comment Request; Addi- tional Protocol to the U.S. - International Atomic Energy Agency Safeguards [OMB Control No. 0694-0135] 11-10-20 BIS: Agency Information Collection Activities; Submission to the Office of Man- agement and Budget (OMB) for Review and Approval; Comment Request; Im- port, End-User, Delivery Verification Certificates and Firearms Entry Clearance Requirements [OMB Control No. 0694-0093] [Forms BIS-645P, BIS-647P] STATE: Determination Pursuant to the Foreign Missions Act [Public No- 11-13-20 tice:11251] (N) [National Association for China’s Peaceful Unification] FINCEN: Agency Information Collection Activities; Proposed Renew al; Comment Request; Renew al Without Change of Reports of Foreign Financial Accounts 11-16-20 Regulations and FinCEN Report 114, Report of Foreign Bank And Financial Ac- count [(OMB) Control No. 1506-0009; Docket No. FINCEN-2020-0013] (N/RFC) COMMERCE: Identification of Prohibited Transactions to Implement Executive Or- der 13942 and Address the Threat Posed by TikTok and the National Emer- 11-17-20 gency w ith Respect to the Information and Communications Technology and Services Supply Chain; Preliminary Injunction Order by a Federal District Court [Docket No. 201109-0297] (N) ITA: Agency Information Collection Activities; Submission to the Office of Man- agement and Budget (OMB) for Review and Approval; Renew al of Information 11-24-20 Collection; Comment Request; EU–U.S. Privacy Shield; Invitation for Applica- tions for Inclusion on the List of Arbitrators (N/RFC) BIS: Emerging Technology Technical Advisory Committee Notice of Partially Closed Meeting [Dec. 10, 2020] (N) 11-25-20 BIS: Regulations and Procedures Technical Advisory Committee Notice of Par- tially Closed Meeting [Dec. 8, 2020] (N) JUSTICE (DOJ): Delegation of Defense Production Act Authority [AG Order No. 11-27-20 4917-2020] (FR)

International Trade Compliance Update | December 2020 33 8506079-v3\WASDMS Baker McKenzie

F.R. Date Subject

TREASURY: Agency Information Collection Activities; Submission for OMB Re- view ; Comment Request; Financial Crimes Enforcement Netw ork Due diligence programs for correspondent accounts for foreign financial institutions and private 11-30-20 banking accounts [OMB Control Number: 1506-0046] (N) STATE: 30-Day Notice of Proposed Information Collection: Request to Change EndUser, End-Use and/or Destination of Hardw are [Public Notice 11269] (N)

HHS, CDC and FDA Federal Register documents The Department of Health and Human Services (HHS), Centers for Disease Con- trol and Prevention (CDC) or US Food and Drug Administration (FDA) have posted the following Federal Register guides, notices or documents which may be of interest to international traders:

F.R. Date Subject

CDC: Framew ork for Conditional Sailing and Initial Phase COVID19 Testing Re- 11-04-20 quirements for Protection of Crew (N) FDA: Request for Information and Comments on Consumption of Certain Un- 11-09-20 common Produce Commodities in the United States; Extension of Comment Pe- riod [Docket No. FDA-2020-N-1119] (N/RFI/E) FDA: Guidance Documents Related to Coronavirus Disease 2019; Availability 11-18-20 [Docket Nos. FDA-2020-D-1137 and FDA-2020-D-1138] (N) FDA: Public Availability of Lists of Retail Consignees To Effectuate Certain Hu- 11-23-20 man and Animal Food Recalls; Guidance for Industry and Food and Drug Ad- ministration Staff; Availability [Docket No. FDA–2018–D–1752] (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 Ser- vice, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Ser- vice]:

F.R. Date Subject

FAS: Information on Dairy Import Licenses for the 2021 Tariff -Rate Quota (TRQ) 11-04-20 Year - United Kingdom Designation of Importers for Dairy Import Licenses (N) APHIS: Decision to Revise Import Requirements for the Importation of Fresh Citrus from South Africa into the United States [Docket No. APHIS-2018-0091] (N) 11-05-20 AMS: National Organic Program; Amendments to the National List of Allow ed and Prohibited Substances per October 2018 NOSB Recommendations (Crops and Handling) [Document No. AMS–NOP–19–0023; NOP–19–01] (FR) APHIS: Pioneer Hi-Bred International, Inc.; Availability of a Request and Plant Pest Risk Similarity Assessment for an Extension of Determination of Nonregu- 11-12-20 lated Status for Maize for Use in the Seed Production Technology for Africa Pro- cess [Docket No. APHIS-2020-0097] (N) 11-23-20 AMS: United States Standards for Lentils [Doc No. AMS-FGIS-20-0066] (N/RO) AMS: United States Standards for Beans [Doc No. AMS-FGIS-20-0065] (RO) AMS: United States Standards for Split Peas [Doc No. AMS-FGIS-20-0067] 11-27-20 (RO) APHIS: International Sanitary and Phytosanitary Standard-Setting Activities [Docket No. APHIS-2020-0088] (N/RFC)

International Trade Compliance Update | December 2020 34 8506079-v3\WASDMS Baker McKenzie USPTO seeks comments on development of a national consumer awareness campaign on combating the trafficking in counterfeit and pirated products On November 17, 2020, the US Patent and Trademark Office (USPTO) published in the Federal Register a request for comments [Docket No. PTO-C-2020- 0044] from stakeholders, including, but not limited to, intellectual property rights holders, online third-party marketplaces, third-party intermediaries, and other private sector stakeholders, on the development of a National Consumer Aware- ness Campaign on Combating the Trafficking in Counterfeit and Pirated Products as a public-private partnership, to implement action item 11 identified in the Janu- ary 24, 2020, report from the Department of Homeland Security (DHS) to the President titled “Combating Trafficking in Counterfeit and Pirated Goods” (DHS Report). The report was prepared in response to the April 3, 2019, Presidential Memorandum titled “Memorandum on Combating Trafficking in Counterfeit and Pirated Goods” (Presidential Memorandum).

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

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Federal Motor Vehicle Safety Standards; Child Restraint Systems, Incorporation by Refer- 11-02-20 ence [Docket No. NHTSA-2020-0093] (PR) DRUG ENFORCEMENT ADMINISTRATION (DEA): Suspicious Orders of Controlled Substances [Docket No. DEA–437] (PR) ENVIRONMENTAL PROTECTION AGENCY (EPA): Dipropylene Glycol and Triethylene Glycol; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2013- 0218 and EPA-HQ-OPP-2013-0219; FRL-10015-39] (FR) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA): Modification of 11-03-20 Deadlines Under the Fish and Fish Product Import Provisions of the Marine Mammal Protection Act [Docket No. 201023-0279] (IFR/RFC] NHTSA: Anthropomorphic Test Devices; Q3s 3- Year-Old Child Side Impact Test Dummy; Incorporation by Reference [Docket No. NHTSA–2020–0088] (FR) EPA: Trinexapac-ethyl; Pesticide Tolerances [EPA-HQ-OPP-2020-0046; FRL- 11-04-20 10012-51] (FR) ENERGY: Energy Conservation Program: Test Procedures for Consumer Prod- ucts; Early Assessment Review : Portable Air Conditioners [EERE–2020–BT– TP–0029 (RFI) 11-05-20 EPA: Calcium Pantothenate; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2020-0117; FRL-10015-71] (FR) EPA: Thiamine Mononitrate; Exemption from the Requirement of a Tolerance [EPA-HQ-OPP-2020-0112; FRL-10015-69] (FR) EPA: Mefentrifluconazole; Pesticide Tolerances [EPA-HQ-OPP-2020-0068; 11-06-20 FRL-10015-56] (FR) NOAA/NATIONAL MARINE FISHERIES SERVICE (NMFS): Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act— Notification of Rejection of Petition and Issuance of Comparability Findings 11-09-20 [Docket No. 201029–0282] : ENERGY: Impact of Electric Vehicles on the Transmission System and Whole- sale Electricity Markets; Notice of Roundtable Discussion [Docket No. AD21– 5–000] (N/H) [December 3, 2020] EPA: Mefenoxam; Pesticide Tolerances [EPA-HQ-OPP-2019-0346; FRL- 11-13-20 10012-87] (FR) 11-16-20 EPA: Indoxacarb; Pesticide Tolerances [EPA -HQ-OPP-2019-0384; FRL-

International Trade Compliance Update | December 2020 35 8506079-v3\WASDMS Baker McKenzie

F.R. Date Subject 10012-78] (FR) DoD DEFENSE ACQUISITION REGULATIONS SYSTEM [DARS]: Defense Federal Ac- 11-23-20 quisition Regulation Supplement: Commercial Item Determinations (DFARS Case 2020-D033) [Docket DARS-2020-0044] (PR) DEA: Schedules of Controlled Substances: Placement of cyclopentyl fentanyl, 11-25-20 isobutyryl fentanyl, para-chloroisobutyryl fentanyl, para-methoxybutyryl fentanyl, and valeryl fentanyl in Schedule I [Docket No. DEA-565] (FR) DEA: Established Aggregate Production Quotas for Schedule I and II Con- trolled Substances and Assessment of Annual Needs for the List I Chemicals 11-30-20 Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2021 [Docket No. DEA-688E] (FO)

ANTIDUMPING AND SUBSIDIES Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investiga- tions, Orders & Reviews section below.

THE AMERICAS - SOUTH AMERICA

ARGENTINA Boletin Oficial publications The following Decrees, Administrative Decisions and Resolutions (Res.) which may be of interest to international traders were published in the Boletin Oficial de la Republica Argentina (Official Gazette) or the Customs Bulletin during the period covered by this Update [Unofficial translation].

BO Date Subject

Decree 846/2020 (04-11-20) DCTO-2020-846-A PN-PTE - Extra-Zone Import 05-11-20 Right.- Common Nomenclature of Mercosur FEDERAL ADM. OF PUBLIC REVENUE (AFIP): General Resolution 4852/2020 (05- 11-20) RESOG-2020-4852-E-AFIP-AFIP - Export. Procedure for the payment 06-11-20 of export benefits and determination of the w aiting period. General Resolution No. 1,921, its amendments and supplements. Its amendment. AFIP: General Resolution 4856/2020 (09-11-20) RESOG-2020-4856-E-AFIP- AFIP - Procedure. Calculation of deadlines regarding tax, customs and social 12-11-20 security resources. New period of extraordinary tax fair. General Resolution No. 1,983. Complementary standard. PRODUCTIVE DEVELOPMENT: Resolution 569/2020 - RESOL-2020-569-A PN-SCI # MDP (16-11-20) MERCOSUR Technical Regulations and Conformity As- sessment AFIP: General Resolution 4857/2020 (16-11-20) RESOG-2020-4857-E-AFIP- 18-11-20 AFIP - Common Nomenclature of Mercosur (NCM). Tariff classification of goods in the aforementioned nomenclature in accordance w ith the procedure provided in General Resolution No. 1.618. Classification Criteria Nos. 1/20 to 11/20. PRODUCTIVE DEVELOPMENT: Resolution 586/2020 (17-11-20) RESOL-2020-586- 19-11-20 APN-SCI # MDP LED lamps PRODUCTIVE DEVELOPMENT: Resolution 355/2020 (20-11-20) RESOL-2020-355- 24-11-20 APN-SIECYGCE # MDP [importation of hybrid, electric and fuel cell (Hydro- gen) motor vehicles] AFIP: General Resolution 4861/2020 (24-11-20) RESOG-2020-4861-E-AFIP- AFIP - Common Nomenclature of Mercosur (NCM). Tariff classification of 25-11-20 goods in the aforementioned nomenclature, in accordance w ith the procedure provided for in General Resolution No. 1,618. Classification Criteria Nos. 12/20

International Trade Compliance Update | December 2020 36 8506079-v3\WASDMS Baker McKenzie

BO Date Subject to 23/20 AFIP: General Resolution 4862/2020 (26-11-20) RESOG-2020-4862-E-AFIP- 30-11-20 AFIP - Guarantees. Sw orn declaration of the exporter. General Resolution No. 4,728. Its complementary.

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

BRAZIL Diário Oficial da União publications The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official Gazette) during the period covered by this Update.

DOU Date Subject GECEX Res. № 112 (05-11-20) - Amends Appendix I of Resolution No. 125, of 06-11-20 December 15, 2016, of the Chamber of Foreign Trade.[NCM 9503...] GECEX Res. № 114 (11-11-20) - Amends the List of Non-Produced Auto Parts, contained in Annex I of Resolution No. 23, of December 30, 2019, of the Execu- tive Management Committee of the Foreign Trade Chamber. GECEX Res. № 115 (11-11-20) - Repeals Camex resolutions issued betw een 2013 and 2018 GECEX Res. № 116 (11-11-20) - Changes the Import Tax rates levied on the Capital Goods it mentions to zero percent, as Ex-tariffs. GECEX Res. № 117 (11-11-20) - Changes the Import Tax rates levied on the IT and Telecommunications Goods that it mentions, as Ex-Tariffs, to zero percent. GECEX Res. № 118 (11-11-20) - Provides for the temporary reduction, to zero percent, of the Import Tax rate under Article 50, paragraph d, of the 1980 Mon- 16-11-20 tevideo Treaty, internalized by Legislative Decree No. 66, of November 16, 1981, w ith the objective of facilitate the fight against the Corona Virus / Covid- 19 pandemic. GECEX Res. № 119 (11-11-20) - Grants a temporary reduction in the Import Tax rate under Resolution No. 49, of November 7, 2019, of the MERCOSUR Common Market Group and amends Annex II of Resolution No. 125, of Decem- ber 15, 2016. GECEX Res. № 120 (11-11-20) - Deals w ith the suspension of concessions assumed by Brazil under the General Agreement on Tariffs and Trade of 1994 for a list of imported products originating in Costa Rica, in accordance w ith the provisions of Art. 8.2 of the Safeguards Agreement of the World Trade Organiza- tion, through temporary alteration of the Import Tax rates GECEX Res. № 121 (17-11-20) -Amends Appendix I of Resolution No. 125, of 19-11-20 December 15, 2016, of the Chamber of Foreign Trade [tariff rates for Chap. 95 GECEX Res. № 123 (26-11-20) - Correction to Gecex Resolution No. 115, of 26-11-20 November 11, 2020

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

International Trade Compliance Update | December 2020 37 8506079-v3\WASDMS Baker McKenzie

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

Date Subject

HACIENDA: Exempt Decree № 344 Adds permanent authorized customs point as 04-11-20 indicated HACIENDA: Extract of exempt resolution number 3,119, of 2020.- Modifies Com- pendium of Customs Regulations 06-11-20 HACIENDA: Extract of exempt resolution number 3,127, of 2020.- Modifies Com- pendium of Customs Regulations HACIENDA: Extract of resolution number 3,299, of 2020.- Incorporates Appendix XIX of Chapter III of the Compendium of Customs Regulations HACIENDA: Extract of exempt resolution number 3,194, of 2020.- Modifies the ports table of annex 51-11 of the Compendium of Customs Regulations, in the sense of adding the Guanaco Sonso border crossing, depending on the jurisdic- 19-11-20 tion of the Chañaral customs HACIENDA: Extract of exempt resolution number 3,195, of 2020.- Modifies the Compendium of Customs Regulations HACIENDA: Extract of exempt resolution number 3,233, of 2020.- Modifies Annex 51-7 of the Compendium of Customs Regulations HACIENDA: Extract of exempt resolution number 3,330, of 2020.- Modifies Com- 25-11-20 pendium of Customs Regulations HACIENDA: Extract of exempt resolution number 3,360, of 2020.- Approves new procedure for granting the franchise of article 35 of law N ° 13,039 and incorporates appendix XX in chapter III of the Compendium of Customs Regulations 30-11-20 HACIENDA: Extract of exempt resolution number 3,379, of 2020.- Modifies the Compendium of Customs Regulations HACIENDA: Extract of exempt resolution number 3,389, of 2020.- Modifies Com- pendium of Customs Regulations

Classification opinions, advance rulings and classification valuation and origin decisions The National Customs Service has recently redesigned its website. Advance Classification Rulings (Resoluciones Anticipadas Clasificación) from 2010 to the present are available.

COLOMBIA TPTA information Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be found here. Sample (non-mandatory) Certificates of Origin are available here.

Tariff Classification Resolutions Tariff Classification Resolutions may be found here.

MinCIT, MinHacienda and DIAN Documents The following documents of interest to international traders were posted by the

International Trade Compliance Update | December 2020 38 8506079-v3\WASDMS Baker McKenzie

Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Haci- enda) or the National Directorate of Taxes and Customs (DIAN):

Date Subject

DIAN: Circular 003927 of 2020 - Ad-Valórem levies applicable to agricultural 01-11-20 products of reference, their substitutes, agro-industrial products or by-products MINCIT: Resolution 1054 of October 20, 2020, "by w hich the list of tariff subheadings of capital goods and spare parts to be imported in development of the operations of articles 173 literal c) and 174 of Decree - Law 444 of 1967 and 04-11-20 Resolution 108 of 2017 is repealed ". MINCIT: Resolution 1055 of October 20, 2020, "by w hich the provisions relating to Special Import-Export Systems contemplated in Decree 285 of 2020 are regulated and Resolution 1649 of 2016 is repealed". MINCIT: Resolution 210 of October 30, 2020, "by w hich the beginning of the five- year examination of the anti-dumping duties imposed on imports of potatoes (po- 05-11-20 tatoes) prepared or preserved (except in vinegar or acetic acid), frozen originating in Belgium, is ordered , The Netherlands (Holland) and Germany " MINCIT: Circular 28 of November 10, 2020: presentation and update of exporting companies before the Anti-Narcotics Police through the Single Window for For- 11-11-20 eign Trade - VUCE. MINCIT: Resolution 215 of November 9, 2020, "by w hich a formal error is corrected in Resolution 210 of October 30, 2020". (Dumping) DIAN: Circular 003941 of 2020 - Ad-Valórem levies applicable to agricultural 12-11-20 products of reference, their substitutes, agro-industrial products or by-products MINCIT: Circular 29 of November 13, 2020: application implementation - annual license report. 13-11-20 MINCIT: Resolution 217 of November 9, 2020, "by w hich a direct revocation request is resolved." (Dumping) MINCIT: Resolution 226 of November 18, 2020, "by w hich the term to adopt the 19-11-20 preliminary determination w ithin the administrative investigation initiated by Res- olution 151 of August 26, 2020 is extended." (Dumping) MINCIT: Resolution 1151 of November 19, 2020, "by w hich Resolution 1236 of 24-11-20 2017 is modified and added." MINCIT: Decree 1541 of November 24, 2020, "by w hich article 2 is repealed and 25-11-20 article 3 of Decree 1120 of August 12, 2020 is modified, in relation to the non- ferrous scrap export quota". MINCIT: Decree 285 of February 26, 2020, "by w hich the provisions governing the Special Import-Export Systems are established and Decrees 2331 of 2001,2099 and 2100 of 2008 are repealed". MINCIT: Resolution 1131 of November 12, 2020, "w hich establishes the services 26-11-20 and the list of tariff subheadings of the goods susceptible to be imported under the Special Import-Export Programs for the Export of Services". DIAN: Circular 003959 of 2020 Ad-Valórem levies applicable to agricultural products of reference, their substitutes, agro-industrial products or by-products MINCIT: Circular 30 of November 27, 2020: exclusion of the inspection request 30-11-20 for air operations in transit, through the SIIS application of the VUCE.

PERU Tariff Classification database A searchable Tariff Classification Resolution (ruling) database (from 2006 through the present) is available. It may be searched by the tariff number, resolution number, or description. The database currently has approximately 7400 resolutions, some with photographs.

SUNAT and El Peruano publications The following documents of interest to international traders were posted during

International Trade Compliance Update | December 2020 39 8506079-v3\WASDMS Baker McKenzie

the past month by SUNAT (National Customs Superintendent and Tax Admin- istration) or in the legal standards section of El Peruano (the Official Gazette) (dd-mm-yy):

Date Subject

SUNAT: Resolution № 000193-2020 / SUNAT - The regulations on electronic is- 07-11-20 suance in relation to the electronic invoice are modified by the electronic fee receipt and the electronic credit note SUNAT: Resolution № 000198-2020 / SUNAT Modify the specific procedure 16-11-20 Valuation of goods according to the WTO Value Agreement DESPA-PE.01.10a (version 6) AGRICULTURE: Directoral Resolution № 0019-2020-MINAGRI-SENASA-DSV They establish mandatory phytosanitary requirements for the importation of fresh mandarin and orange fruits of origin and origin Spain AGENCY FOR INTERNATIONAL COOPERATION: Directoral Resolution № 092-2020 / APCI-DE They annul the DRRs. N ° s 099-2010 / APCI-DE and 088-2011 / 17-11-20 APCI-DE and specify that the procedure of Issuance Certificate of Conformity of Entry into the Country of Used and Donated Clothing and Footw ear is established in the files and the Process diagram M03.02.01 Issuance of Certificate of Conformity of Entry into the Country of Used and Donated Clothing and Foot- w ear approved by Executive Director Resolution No. 091-2020 / APCI-DE SUNAT: Resolution № 000199-2020 / SUNAT They approve the general procedure Temporary export for re-importation in the same state and temporary ex- 18-11-20 port for outw ard processing DESPA-PG.05 (version 4) SUNAT: Resolution № 000200-2020 / SUNAT General procedure for re-board- ing DESPA-PG.12 (version 2) and repeal Circular SUNAT: Resolution № 000202-2020 / SUNAT They modify the Specific Proce- dures Extraction and analysis of samples of metallic mineral concentrates DESPA-PE.00.20 (version 1) and Physical recognition - extraction and analysis 19-11-20 of samples DESPA-PE.00.03 (version 3) SUNAT: Resolution № 000201-2020 / SUNAT Approval of the Procedure for Aw arding Donation and Destination of Assets version 1 FOREIGN TRADE AND TOURISM (MINCETUR): Ministerial resolution № 246-2020- MINCETUR They delegate to the Association of Exporters the function of issuing Certificates of Origin to goods produced at the national level w ithin the framew ork of the agreements signed by Peru in the preferential and non-preferential regimes 21-11-20 MINCETUR: Supreme Decree № 009-2020-MINCETUR Supreme Decree that provides for the implementation of Decision No. 7 of the Administrative Commis- sion of the Free Trade Agreement betw een the Government of the Republic of Peru and the Government of the Republic of Chile that modifies and replaces ACE No. 38 its appendixes protocols and other instruments that have been signed under its protection SUNAT: Resolution № 000026-2020-SUNAT / 300000 They approve discretion- 24-11-20 ary pow er not to determine or sanction infractions provided for in the General Customs Law SUNAT: Resolution № 000204-2020 / SUNAT Modify the specific procedure 28-11-20 Immobilization-seizure and legal determination of goods CONTROL-PE.00.01 (version 7) NATIONAL INSTITUTE FOR THE DEFENSE OF COMPETITION AND THE PROTECTION OF IN- TELLECTUAL PROPERTY (INDECOPI): Resolution № 166-2020/CDB-INDECOPI - They provide for the maintenance of anti-dumping duties on imports of plain 29-11-20 w eave polyester / cotton poplin flat fabrics (blends of any composition) dyed bleached unbleached prints or w ith yarns of different colors originating in the Is- lamic Republic of Pakistan imposed by Res. No. 017-2004 / CDS -INDECOPI and extended by various resolutions SUNAT: Resolution № 000206-2020 / SUNAT approves the general procedure 30-11-20 Programming and communication of extraordinary control actions CONTROL- PG.01 (version 1) and modify and repeal other procedures

International Trade Compliance Update | December 2020 40 8506079-v3\WASDMS Baker McKenzie

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

Date Series and № Title Expansion of Origin Waiver benefit for Australian Trusted 10-11-20 ACN № 2020/43 Traders 20-11-20 ACN № 2020/44 Customs Duty Draw back – Tobacco and tobacco products Arrangement for goods imported under the Singapore-Aus- 25-11-20 ACN № 2020/47 tralia Free Trade Agreement

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

CHINA (INCLUDING HONG KONG SAR) MOFCOM and GAC notices The following Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) notices were posted during the period covered by this Update (mm-dd-yy):

Date Series and № Subject Announcement on Adjusting the Electronic Data Items GAC No. 112 of Passenger Manifests for Inbound and Outbound Air Transport 11-10-20 Announcement on Expanding the Pilot Program of Mar- GAC No. 114 ket Procurement Trade Announcement on Inspection and Quarantine Require- GAC No. 116 ments for Imported Uzbekistan Dried Chili Peppers Announcement on Plant Quarantine Requirements for 11-11-20 GAC No. 117 Imported Tanzanian Soybeans MOFCOM 54, 2020 Adjusting the Catalogue of Prohibited Commodities in 11-12-20 and the GAC Processing Trade Announcement on the issuance of the revised contents 11-16-20 GAC No. 118 of the "Import and Export Tariff Commodities and Item Notes" (the sixth and seventh issues) 2021 Licorice and Licorice Products Export Quota Bid- 11-20-20 MOFCOM 56, 2020 ding Public Bidding Announcement for the Export Quota of MOFCOM 62, 2020 Rush and Its Products in 2021 11-30-20 the field of disposable plastic products for business MOFCOM 61, 2020 use, recycling report (Trial)" the announcement]

International Trade Compliance Update | December 2020 41 8506079-v3\WASDMS Baker McKenzie Antidumping and Countervailing Duty Cases See separate Antidumping Countervailing Duty and Safeguards Investiga- tions, Orders & Reviews section below.

INDIA Material in this section and the India Antidumping Countervailing Duty and Safe- guards 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 107/2020-Cus 13-11-20 (NT) Tariff Notification regarding fixation of Tariff Value of Edible 109/2020-Cus Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Silver 27-11-20 (NT) CBIC Tariff Notifications Prescribes Basic Customs Duty (BCD) @ 5% on import of specified parts for manufacture of Open Cell for Light Emitting 11-11-20 42/2020-Cus Diode (LED)/ Liquid Crystal Display (LCD) Television Panels subject to end user condition w .e.f. 12 November, 2020 Prescribes Basic Customs Duty (BCD) @ 27.5% on import of 26-11-20 43/2020-Cus Crude Palm Oil w .e.f. 27 November, 2020 CBIC Circulars Clarification regarding pending claims under the Rebate of State Levies (“ROSL”) Scheme w hich could not be disbursed 03-11-20 49/2020-Cus on account of budgetary limitations to be issued electronically by the DGFT in the form of duty credit scrips w hich can be used for payment of specified Duties and freely transferable Revises policy and guidelines for setting up of Inland Con- 05-11-20 50/2020-Cus tainer Depots (ICDs), Container Freight Stations (CFSs) and Air Freight Stations (AFSs) Clarification regarding availment of exemption on temporary 20-11-20 51/2020-Cus import of durable containers Clarification regarding export of Gems and Jew ellery through 27-11-20 52/2020-Cus courier mode CBIC Instructions Directs field formations to ensure strict compliance of prohibitions on imports from or exports to North Korea and in cases of 18-11-20 19/2020-Cus bonafide errors in data entry, Out of Charge (OOC) and Let Ex port Order (LEO) to be issued only after amending data entry by deleting incorrect reference to North Korea DGFT Notifications No Notification issued by DGFT DGFT Public Notices Unit of quantity for imported item Crushed Bones in Standard 26-11-20 30/2015-2020 Input Output Norms (SION) A1827 of export product Ossein amended from Kilograms to Metric Tons

International Trade Compliance Update | December 2020 42 8506079-v3\WASDMS Baker McKenzie Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investiga- tions, Orders & Reviews section below.

INDONESIA Omnibus Law – Shifting of Authority and (Possible) Change of Pol- icy – Trade Cluster On 5 October 2020, the Parliament approved the job creation law (RUU Cipta Kerja, commonly known as the "Omnibus Law"). The Omnibus Law amends a number of existing laws.

In brief

On 5 October 2020, the Parliament approved the job creation law (RUU Cipta Kerja, commonly known as the “Omnibus Law“). The Omnibus Law amends a number of existing laws, including the following:

 Law No. 7 of 2014 on Trade (“Trade Law “)  Law No. 39 of 2009 on Special Economic Zones (“SEZ Law “)

 Law No. 36 of 2000 on the Stipulation of Government Regulation in Lieu of Law Number 1 of 2000 on Free Trade Zones and Free Ports (“Law 36“)

 Law No. 37 of 2000 on the Stipulation of Government Regulation in Lieu of Law Number 2 of 2000 on Sabang Free Trade Zone and Free Port (“Law 37“) Essential Changes

Changes to the Trade Law

The Omnibus Law amends several provisions of the Trade Law. The notable changes are as follows:

 Introduction of Business Licenses Term

The amendment of the Trade Law reaffirms that trade licensing will be done electronically through the online system.

The amendment also introduces a business license exemption by the central government but does not provide further guideline on this.

 Distribution

The amendment of the Trade Law only states that further regulations of distribution will be regulated in government regulations. We do not see any significant changes in relation to distribution in the amendment of the Trade Law.

 Export and Import

The Omnibus Law aims to drive exports by introducing a new government man- date to issue policies on the improvement and development of exported innova- tive national products.

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Further, the Trade Law has been amended to mention that there will be further The International Trade Compliance provisions or determination on used imported goods that should be regulated in Update is a publication of the government regulations. Note, in theory, all imported goods must be in new con- Global International Commercial dition (unless regulated otherwise), so this is an exemption to the principle. Fur- and Trade Practice Group of Baker ther, this change indicates that the Ministry of Trade will now share its authority McKenzie. Articles and comments are intended to provide our readers to regulate this matter while previously it was under the sole authority of the Min- w ith information on recent legal de- istry of Trade. velopments and issues of significance or interest. They should not The Trade Law also stipulates that importers are not required to obtain a busi- be regarded or relied upon as legal ness license for imports that are not carried out for business activities. As there is advice or opinion. Baker McKenzie no further explanation of what is meant by imports that are not carried out for advises on all aspects of Interna- tional Trade law . business activities, it is unclear whether it is intended for import for personal use or for any other purposes. It is also uncertain how implementation will be done on Comments on this Update may be imports for that purpose. sent to the Editor: In relation to the temporary import and export, the amendment of the Trade Law Stuart P. Seidel Washington, D.C. deletes a provision that obliges exporters/importers to obtain approvals for tem- +1 202 452 7088 porary importation and exportation. With this deletion, it remains to be seen how [email protected] the temporary importation and exportation will be implemented as this may relate to the authority of the Directorate General of Customs and Excise to supervise A note on spelling, grammar and dates-- the movement of the temporary imported goods. In keeping with the global nature of Baker McKenzie, the original The above summary only applies to the general importation of goods. The impor- spelling, grammar and date format- tation of certain goods should refer to the specific regulation. For example, the ting of non-USA English language provision on the importation of horticulture products must refer to additional spe- material has been preserved from cific import requirements. the original source whether or not the material appears in quotes. Translations of most non-English  Sanctions language documents are unofficial and are performed via an auto- The amendment of the Trade Law provides the types of administrative sanctions mated program and are for infor- that can be imposed for violations of certain provisions of the Trade Law, namely mation purposes only. Depending warning letters, recall of products from distribution, temporary suspension of on the language, readers with the business activities, closure of warehouse, fines and/or revocation of the business Chrome browser should be able to automatically get a rough to excel- license. However, a government regulation will further provide the criteria, type, lent English translation. and amount of fines and procedures for the administrative sanctions. Credits: Unless otherwise indicated, all in- We note that there are some changes in the criminal sanctions and fines under formation is taken from official inter- this amendment. For example, for violating the requirement to use of Indonesian national organization or government websites, or their newsletters or language in labels, there is an increase of the fine from IDR 5 billion to be IDR 10 press releases. billion and the amendment provides an exemption from criminal sanctions for business actors with low or mid-risks. Source documents may be accessed by clicking on the blue hypertext links.  Changing from Ministry Regulation to Government Regulation

This Update contains public sector infor- The amendment of the Trade Law indicates that the government will issue further mation licensed under the Open Govern- ment Licence v3.0 of the United King- guidelines, not the ministerial regulations. This is in line with the spirit of the Om- dom. In addition, the Update uses mate- nibus Law to streamline the licensing and guidelines for ease of doing business rial pursuant to European Commission policy as implemented by Commission in Indonesia. Decision of 12 December 2011. Further, as discussed above, some deletion of the previous provisions may involve the authority of other government institutions, such as the Directorate Gen- eral of Customs and Excise, which is under the Ministry of Finance’s supervision.

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Overall, subject to the issuance of further implementing regulations, we can say that these changes are not significant compared to those in other sectors. The amendment does not include specific proposals to liberalize investment in the trading sector. We may see further implementing regulations from the central government in the near future.

Changes to Special Economic Zones

The SEZ Law is amended to provide more business opportunities and incentives in the special economic zone (“SEZ“). The production, distribution, education and health sectors are now included in the range of business activities allowed to operate in the SEZ. Further examples of new incentives provided under the Omni- bus Law are related to the exemption of import, relaxation on the appointment of foreign commissioners and directors, importation of consumption goods, and broader understanding of foreign parties that may enjoy the facilities in the SEZ.

Changes to the Free Trade Zone and Free Port Zone

The Omnibus Law deletes some specific provisions on free trade zones and free port zones authorized bodies (i.e., zone committee and deputy concession) and stipulates that their authorities will be regulated under government regulations.

Changes to Sabang Free Trade Zone and Free Port Authority

There is no significant change to Law 37. The amendment only stipulates that the provisions on excise exemption facilities should be in accordance with prevailing laws and regulations.

Implementing Regulations

The Omnibus Law provides that the relevant implementing regulations, including government regulations, must be issued at the latest three months after the enactment of the Omnibus Law.

The existing implementing regulations of the Trade Law, SEZ Law, Law 36 and Law 37 remain effective to the extent they do not contradict the provisions under the Omnibus Law. These implementing regulations must be harmonized with the provisions under the Omnibus Law at the latest three months after the enactment of the Omnibus L

Authors: Wimbanu Widyatmoko, Mita Djajadiredja, Cahyani Endahayu, Riza Buditomo and Fikha Ekha. This article first appeared in the Baker McKenzie Global Compliance News

EUROPE, MIDDLE EAST AND NORTH AFRICA European Union and EFTA Europe: Brexit – Impact on food labelling Food labelling changes postponed until 1 October 2022 for foods sold in Great Britain; Northern Ireland will continue to follow the EU rules for food labelling.

On 12 October 2020, the UK government updated its guidance on the food and

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drink labelling rules applicable from 1 January 2021. Previous guidance had indicated that foods sold in Great Britain (GB) would require labelling changes from 1 January 2021, but according to the updated guidance, the requirements for certain labelling changes will instead apply to food placed on the GB market from 1 October 2022. Moreover, Northern Ireland will not follow the specific food labelling rules applicable in GB, but will instead continue to follow the food labelling rules applicable in the EU. It is important to note that the legislative basis for this postponed deadline still needs to be put in place and so the guidance is currently subject to agreement with devolved administrations and Parliamentary process. We do however, expect the extension to be agreed and formally approved.

The decision of the UK government to postpone certain required labelling changes means that most foods that are compliant with EU food labelling rules can be placed on the market in GB until 30 September 2022. Their packaging can still contain an EU address for the Food Business Operator (FBO) and “EU” and “non-EU” country of origin claims. From 1 October 2022, the packaging of foods placed on the GB market must include a UK address for the FBO or, if the FBO is not in the UK, the address of the UK importer. Additionally, from that date the packaging may no longer bear “EU” based origin claims and must instead use “UK” or “non-UK” where the label does not list each country of origin.

It is however, important to note that the postponement is not applicable to the use of the EU organic logo. From 1 January 2021, the EU organic logo may no longer be used on any UK organic foods unless the control body is authorised by the EU to certify UK goods for export to the EU or the UK and EU agree to recog- nise each other’s standards.

The deadline applicable to foods exported from GB to the EU has not been postponed. All foods placed on the EU market as from 1 January 2021 must meet the EU rules for food labelling. However, as Northern Ireland will follow the EU rules, the food label can contain an EU or Northern Ireland address for the FBO or importer. Moreover, the EU emblem and “EU origin”-claims can still be used on the packaging of foods from and sold in Northern Ireland. For the avoidance of doubt, foods produced in GB and sold in the EU or Northern Ireland, on the other hand, may no longer contain these EU-specific particulars as from 1 January 2021.

Authors: Geert Bovy, Joyce Vandenbulcke, Graham Stuart and Aurella Smith-An- thony. This article first appeared in Baker McKenzie’s Global Compliance News

EU announces countermeasures against US products as a result of WTO large aircraft arbitration On 9 November 2020, the Official Journal published Commission Implementing Regulation (EU) 2020/1646 of 7 November 2020 on commercial policy measures concerning certain products from the United States of America following the adjudication of a trade dispute under the Dispute Settlement Understanding of the World Trade Organization. On 11 April 2019, the Dispute Settlement Body of the World Trade Organization (‘WTO’) adopted its recommendations and rulings in the dispute DS353 United States – Measures Affecting Trade in Large Civil Air- craft (Second complaint) – Recourse to Article 21.5 of the DSU by the European Union, confirming that the United States has failed to bring its measures, found to

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be inconsistent with the Agreement on Subsidies and Countervailing Measures (‘SCM Agreement’), into conformity with its obligations under that Agreement. With respect to the FSC/ETI tax concessions, the Appellate Body confirmed that the United States has not withdrawn the subsidies and that the original recommendations and rulings remain operative.

On 13 October 2020, an arbitrator’s decision states that the European Union may request authorisation from the WTO Dispute Settlement Body to take countermeasures with respect to the United States, at a level not exceeding USD 3 993 212 564 annually. On 26 October 2020 the European Union has been authorised by the WTO Dispute Settlement Body to take countermeasures against the United States consistent with the arbitrator’s decision. The countermeasures will consist of the suspension of tariff concessions and the imposition of new or increased customs duties.

The measures adopted are considered sufficiently similar to the countermeasures imposed by the United States, and concern imports of products originating in the United States on which the European Union is not substantially dependent for its supply. This approach avoids as much as possible a negative impact on the various actors on the Union market, including consumers.

The commercial policy measures in the form of additional ad valorem duties on the products listed in Annex I and Annex II shall be applied as follows:

(a) additional ad valorem duties of a rate of 15 % for products specified in Annex I to the Regulation; (b) additional ad valorem duties of a rate of 25 % for products specified in Annex II to the Regulation.

Products listed in the Annexes for which an import licence with an exemption from or a reduction of duty has been issued prior to the date of entry into force of this regulation shall not be subject to additional duty.

Products listed in the Annexes for which the importers can prove that they have been exported from the United States to the Union prior to the date on which an additional duty is applied with respect to that product shall not be subject to the additional duty.

Negotiations between the European Union and the United States aiming at a bal- anced settlement of the WTO disputes on large civil aircraft have so far not yielded results. The United States continues to apply countermeasures in the amount of USD 7,5 ban on imports of products from the European Union. The Commission intends to amend this Regulation, to take into account relevant developments, including with respect to US compliance or lack thereof. In particu- lar, the Commission intends to suspend the application of the implementing Reg- ulation, if the United States suspends its countermeasures against imports from the European Union, or change the level of customs duties, as necessary, to mir- ror the countermeasures applied by the United States.

International Trade Compliance Update | December 2020 47 8506079-v3\WASDMS Baker McKenzie Commission issues tariff classification regulations See separate section below for tariff classification regulations issued by the Euro- pean 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 Offi- cial 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.

Since 1 October 2019 all BTI correspondence between the economic operator and the customs authority is happening through the Trader Portal. This includes among others applications by economic operators for BTI decisions, requests by the customs authority for further information on the product being classified and the economic operators’ replies to those questions. A list of customs authorities designated by Member States for the purposes of receiving applications, or tak- ing decisions relating to binding tariff information may be found here.

Depending on the Member State an economic operator has to access either the EU Customs trader portal or the national trader portal. You can search and con- sult 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 Decision (EU) 2020/1606 of 30 October 2020 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the Netherlands (notified under document C(2020) 7633) Commission Implementing Decision (EU) 2020/1604 of 23 October 2020 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2021 to 31 December 2023 for each producer or importer 03-11-20 w hich has law fully placed hydrofluorocarbons on the market in the Union from 1 January 2015, as reported under that Regulation (notified under document C(2020) 9500) Council Decision (EU) 2020/1599 of 23 October 2020 on the position to be taken on behalf of the European Union in the Joint Consultative Working Group established by the Agreement on the w ithdraw al of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the adoption of its rules of procedure Council Decision (EU) 2020/1599 of 23 October 2020 on the position to be 04-11-20 taken on behalf of the European Union in the Joint Consultative Working Group

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OJ Date Subject established by the Agreement on the w ithdraw al of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the adoption of its rules of procedure Commission Implementing Decision (EU) 2020/1630 of 3 November 2020 amending Implementing Decision (EU) 2019/1326 as regards the electromagnetic compatibility of industrial, scientific and medical equipment, household appliances, electric tools and similar apparatus, electrical lighting and similar equipment, multimedia equipment, sw itchgear and controlgear Commission Regulation (EU) 2020/1633 of 27 October 2020 amending An- nexes II, III, IV and V to Regulation (EC) No 396/2005 of the European Parlia- ment and of the Council as regards maximum residue levels for azinphos-methyl, bentazone, dimethomorph, fludioxonil, flufenoxuron, oxadiazon, phosalone, pyraclostrobin, repellants: tall oil and teflubenzuron in or on certain products Commission Implementing Regulation (EU) 2020/1634 of 4 November 2020 au- thorising the placing on the market of sugars obtained from cocoa (Theobroma cacao L.) pulp as a novel food under Regulation (EU) 2015/2283 of the Euro- pean Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 Decision of the EEA Joint Committee No 103/2018 of 31 May 2018 through De- cision of the EEA Joint Committee No 111/2018; Decision of the EEA Joint 05-11-20 Committee No 114/2018 through Decision of the EEA Joint Committee No 122/2018 of 31 May 2018 Council Decision (EU) 2020/1637 of 3 November 2020 on the position to be taken on behalf of the European Union in the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 13, 16, 17, 44, 55, 83, 93, 94, 95, 100, 115, 137, 144, 151, 152 and 153, as regards the proposals for modifications to Global Technical Regulations Nos 7, 15 and 18, as regards the proposal for amendments to Mutual Resolution M.R.3, as regards the proposals for tw o new UN Regulations in relation to reversing motion and moving off information systems, and as regards the proposal for a new Global Technical Regulation on the determination of electric vehicle pow er Commission Implementing Regulation (EU) 2020/1641 of 5 November 2020 regarding imports of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption from the United States of America Commission Implementing Regulation (EU) 2020/1643 of 5 November 2020 amending Implementing Regulation (EU) No 540/2011 as regards the approval periods of the active substances calcium phosphide, denathonium benzoate, haloxyfop-P, imidacloprid, pencycuron and zeta-cypermethrin 06-11-20 Commission Implementing Decision (EU) 2020/1644 of 5 November 2020 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African sw ine fever in certain Member States (notified under document C(2020) 7740) Commission Implementing Decision (EU) 2020/1645 of 5 November 2020 concerning certain interim protective measures relating to African sw ine fever in Germany (notified under document C(2020) 7742) Council Decision (EU) 2020/1638 of 4 November 2020 on the position to be adopted on behalf of the European Union w ithin the International Coffee Council Commission Implementing Decision (EU) 2020/1654 of 6 November 2020 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the United Kingdom (notified under document C(2020) 7862) 09-11-20 Commission Implementing Regulation (EU) 2020/1646 of 7 November 2020 on commercial policy measures concerning certain products from the United States of America follow ing the adjudication of a trade dispute under the Dispute Set- tlement Understanding of the World Trade Organization Commission Implementing Decision (EU) 2020/1663 of 6 November 2020 10-11-20 amending Annexes I and II to Decision 2004/558/EC as regards the disease- free status of Czechia and the approval of the eradication programme in several

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OJ Date Subject regions of France regarding infectious bovine rhinotracheitis (notified under document number C(2020) 7578) Commission Implementing Decision (EU) 2020/1664 of 9 November 2020 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Germany (notified under document C(2020) 7887) Council Decision (EU) 2020/1659 of 6 November 2020 further extending the temporary derogation from the Council’s Rules of Procedure introduced by Deci- sion (EU) 2020/430, and extended by Decisions (EU) 2020/556, (EU) 2020/702, (EU) 2020/970 and (EU) 2020/1253, in view of the travel difficulties caused by the COVID-19 pandemic in the Union Council conclusions on intellectual property policy and the revision of the industrial designs system in the Union [2020/C 379I/01 Commission Implementing Regulation (EU) 2020/1667 of 10 November 2020 amending Implementing Regulation (EU) 2020/977 as regards the period of application of the temporary measures in relation to controls on the production of organic products Commission Implementing Regulation (EU) 2020/1668 of 10 November 2020 specifying the details and functionalities of the information and communication 11-11-20 system to be used for the purposes of Regulation (EU) 2019/515 of the Euro- pean Parliament and of the Council on the mutual recognition of goods law fully marketed in another Member State Commission Implementing Decision (EU) 2020/1670 of 10 November 2020 amending the Annex to Implementing Decision (EU) 2020/1606 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the Netherlands (notified under document C(2020) 7912) Commission Delegated Regulation (EU) 2020/1676 of 31 August 2020 amending Article 25 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as regards bespoke paints Commission Delegated Regulation (EU) 2020/1677 of 31 August 2020 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Coun- cil on classification, labelling and packaging of substances and mixtures in order to improve the w orkability of information requirements related to emergency health response Commission Regulation (EU) 2020/1681 of 12 November 2020 amending An- nex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council as regards removal from the Union list of certain flavouring substances Commission Regulation (EU) 2020/1682 of 12 November 2020 amending An- nex III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products Commission Regulation (EU) 2020/1683 of 12 November 2020 amending An- nexes II and III to Regulation (EC) No 1223/2009 of the European Parliament 13-11-20 and of the Council on cosmetic products Commission Regulation (EU) 2020/1684 of 12 November 2020 amending An- nex VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products Commission Implementing Regulation (EU) 2020/1685 of 12 November 2020 amending Regulation (EU) No 37/2010 to classify the substance bupivacaine as regards its maximum residue limit Commission Implementing Regulation (EU) 2020/1686 of 12 November 2020 making imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey subject to registration Commission Delegated Directive (EU) 2020/1687 of 2 September 2020 amending the Annex to Council Framew ork Decision 2004/757/JHA as regards the inclusion of the new psychoactive substance N,N-diethyl-2-[[4-(1-methyleth- oxy)phenyl]methyl]-5-nitro-1H-benzimidazole-1-ethanamine (isotonitazene) in the definition of ‘drug’ Regulation (EU) 2020/1693 of the European Parliament and of the Council of 11 November 2020 amending Regulation (EU) 2018/848 on organic production and labelling of organic products as regards its date of application and certain other

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OJ Date Subject dates referred to in that Regulation Council Decision (EU) 2020/1704 of 23 October 2020 on the signing, on behalf of the Union, and provisional application of the Agreement in the form of an Ex- change of Letters betw een the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement betw een the European Community and the Islamic Republic of Mauritania, ex- 16-11-20 piring on 15 November 2020 Agreement in the form of an Exchange of Letters betw een the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisher- ies Partnership Agreement betw een the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020 Commission Implementing Regulation (EU) 2020/1712 of 16 November 2020 amending Regulation (EU) No 37/2010 to classify the substance lidocaine as regards its maximum residue limit Commission Implementing Regulation (EU) 2020/1713 of 16 November 2020 amending Implementing Regulation (EU) 2019/1382 amending certain Regula- tions imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures Commission Implementing Decision (EU) 2020/1714 of 16 November 2020 amending Implementing Decision (EU) 2019/1119 as regards the testing methodology for certain not-off vehicle charging hybrid electric passenger cars and to take into account the use of alternative fuels and Implementing Decision (EU) 17-11-20 2020/1339 as regards rear position lamps Commission Implementing Decision (EU) 2020/1715 of 16 November 2020 amending the Annex to Implementing Decision (EU) 2020/1606 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the Netherlands (notified under document C(2020) 8021) Council Decision (EU) 2020/1707 of 13 November 2020 on the position to be taken on behalf of the European Union w ithin the World Customs Organization w ith regard to the adoption of Explanatory Notes, Classification Opinions or other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation of the Harmonized System under the HS Convention Commission Regulation (EU) 2020/1720 of 17 November 2020 amending Regu- lation (EU) No 142/2011 as regards imports of petfood from Georgia Commission Implementing Decision (EU) 2020/1723 of 16 November 2020 on measures to prevent the introduction into the Union of the foot-and-mouth disease virus from Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia and Turkey (notified under document C(2020) 7661) Commission Implementing Decision (EU) 2020/1724 of 17 November 2020 18-11-20 amending the Annex to Implementing Decision (EU) 2020/1654 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the United Kingdom (notified under document C(2020) 8126) Commission Implementing Decision (EU) 2020/1725 of 17 November 2020 amending the Annex to Implementing Decision (EU) 2020/1664 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Germany (notified under document C(2020) 8128) Commission Implementing Regulation (EU) 2020/1727 of 18 November 2020 19-11-20 amending Implementing Regulation (EU) 2015/2447 as regards certain rules on Authorised Economic Operators Commission Implementing Regulation (EU) 2020/1733 of 19 November 2020 20-11-20 fixing the trigger volumes for the years 2021 and 2022 for the purposes of possible application of additional import duties on certain fruit and vegetables Commission Delegated Regulation (EU) 2020/1737 of 14 July 2020 amending Regulation (EC) No 273/2004 of the European Parliament and of the Council 23-11-20 and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug precursors in the list of scheduled substances Commission Implementing Regulation (EU) 2020/1739 of 20 November 2020

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OJ Date Subject amending and correcting Implementing Regulation (EU) 2020/761 as regards the quantities available for tariff rate quotas for certain agricultural products included in the WTO schedule of the Union follow ing the w ithdraw al of the United Kingdom from the Union, a tariff quota for poultrymeat originating in Ukraine and a tariff quota for meat of bovine animals originating in Canada Commission Implementing Decision (EU) 2020/1741 of 20 November 2020 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African sw ine fever in certain Member States (notified under document C(2020) 8266) Commission Implementing Decision (EU) 2020/1742 of 20 November 2020 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in the United Kingdom (notified under document C(2020) 8265) Council Decision (EU) 2020/1747 of 20 November 2020 on the position to be taken on behalf of the European Union w ithin the Joint Committee established under the Agreement betw een the European Union and Japan for an Economic Partnership, as regards the amendment of Appendices 2-C-1 and 2-C-2 to An- nex 2-C on Motor Vehicles and Parts Corrigendum to Notice of initiation of an anti-dumping proceeding concerning imports of aluminium converter foil originating in the People’s Republic of China ( OJ C 352 I, 22.10.2020 ) Commission Implementing Regulation (EU) 2020/1752 of 23 November 2020 amending Annex I to Regulation (EC) No 798/2008 as regards the entry for Aus- 24-11-20 tralia in the list of third countries, territories, zones or compartments from w hich certain poultry commodities may be imported into or transit through the Union in relation to highly pathogenic avian influenza Information on the date of signature and provisional application of the Agree- ment in the form of an Exchange of Letters betw een the European Union and the Government of the Cook Islands concerning an extension to the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement be- 25-11-20 tw een the European Union and the Government of the Cook Islands Council Decision (EU) 2020/1757 of 19 November 2020 on the position to be taken on behalf of the European Union w ithin the International Sugar Council concerning the accession of the United Kingdom to the International Sugar Agreement, 1992 Commission Implementing Regulation (EU) 2020/1761 of 25 November 2020 concerning the authorisation of L-cysteine hydrochloride monohydrate produced by fermentation w ith Escherichia coli KCCM 80109 and KCCM 80197 as a feed additive for all animal species Commission Implementing Regulation (EU) 2020/1763 of 25 November 2020 approving formaldehyde as an existing active substance for use in biocidal products of product-types 2 and 3 Commission Implementing Regulation (EU) 2020/1764 of 25 November 2020 26-11-20 concerning the authorisation of disodium 5'-inosinate produced by fermentation w ith Corynebacterium stationis KCCM 80161 as a feed additive for all animal species Commission Implementing Decision (EU) 2020/1765 of 25 November 2020 not approving chlorophene as an existing active substance for use in biocidal products of product-type 2 Corrigendum to Commission Regulation (EU) 2020/1683 of 12 November 2020 amending Annexes II and III to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products ( OJ L 379, 13.11.2020 ) Commission Implementing Regulation (EU) 2020/1770 of 26 November 2020 on types and species of plants for planting not exempted from the traceability code requirement for plant passports under Regulation (EU) 2016/2031 of the Euro- pean Parliament and of the Council and repealing Commission Directive 27-11-20 92/105/EEC Commission Implementing Regulation (EU) 2020/1771 of 26 November 2020 approving reaction mass of peracetic acid (PAA) and peroxyoctanoic acid (POOA) as an existing active substance for use in biocidal products of product- types 2, 3 and 4

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OJ Date Subject Commission Implementing Decision (EU) 2020/1775 of 25 November 2020 allow ing the Netherlands to authorise biocidal products consisting of in situ gener- ated nitrogen for the protection of cultural heritage (notified under document C(2020) 8052) Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 October 2020 to 31 October 2020(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2020/C 409/01] Summary of European Union decisions on marketing authorisations in respect of medicinal products from 1 October 2020 to 31 October 2020(Decisions taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 2001/82/EC) [2020/C 409/02] Commission Implementing Regulation (EU) 2020/1777 of 27 November 2020 amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae Commission Implementing Decision (EU) 2020/1779 of 27 November 2020 amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for certain household and similar appliances, electrical supply track systems for luminaires, luminaires for emergency lighting, sw itches for house- 30-11-20 hold and similar fixed electrical installations, circuit breakers, proximity sw itches, arc w elding pow er sources and electrical equipment for measurement, control and laboratory use Commission Implementing Decision (EU) 2020/1780 of 27 November 2020 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African sw ine fever in certain Member States (notified under document C(2020) 8541)

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

OJ Date Restrictive Measure

Council Implementing Regulation (EU) 2020/1648 of 6 November 2020 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus Council Implementing Decision (CFSP) 2020/1650 of 6 November 2020 implementing Decision 2012/642/CFSP concerning restrictive measures against Bela- 06-11-20 rus Council Implementing Regulation (EU) 2020/1649 of 6 November 2020 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria Council Implementing Decision (CFSP) 2020/1651 of 6 November 2020 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria Council Implementing Regulation (EU) 2020/1655 of 6 November 2020 implementing Regulation (EU) 2019/1890 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean 09-11-20 Council Decision (CFSP) 2020/1657 of 6 November 2020 amending Decision (CFSP) 2019/1894 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean Council Implementing Regulation (EU) 2020/1695 of 12 November 2020 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran Council Implementing Regulation (EU) 2020/1696 of 12 November 2020 imple- 13-11-20 menting Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela Council Decision (CFSP) 2020/1699 of 12 November 2020 amending Decision 2010/413/CFSP concerning restrictive measures against Iran Council Decision (CFSP) 2020/1700 of 12 November 2020 amending Decision

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OJ Date Restrictive Measure (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela Council Implementing Regulation (EU) 2020/1744 of 20 November 2020 implementing Regulation (EU) 2019/796 concerning restrictive measures against cyber-attacks threatening the Union or its Member States 23-11-20 Council Decision (CFSP) 2020/1748 of 20 November 2020 amending Decision (CFSP) 2019/797 concerning restrictive measures against cyber-attacks threatening the Union or its Member States

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

EFTA COUNTRIES Import-export related measures The following import, export or antibribery measures were published in the online 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 № 1142/2020 (19-11-20) Regulation on (1st) amendment to Regulation no. Reg- ulation (EC) No 1014/2020 on the entry into force of Commission Implementing Regulation (EU) 2020/466 on temporary measures to control risks to human and animal health and plant health and animal w elfare in the event of a serious dis- ruption of Member States' surveillance systems due to the coronavirus pandemic (COVID-19). № 1143/2020 (19-11-20) Regulation on (3rd) amendment to Regulation no. 884/2010 on the entry into force of Commission Regulation (EC) no. 333/2007 on methods of sampling and analysis for official controls on the content of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo (a) pyrene in foodstuffs. № 1144/2020 (19-11-20) Regulation on (6th) amendment to Regulation no. 477/2017 on organic production and labeling of organic products. № 1145/2020 (19-11-20) Regulation on (6th) amendment to Regulation no. 25-11-20 481/2017 on the entry into force of Commission Regulation (EC) no. 1235/2008 on detailed rules for the implementation of Council Regulation (EC) no. 834/2007 as regards arrangements for the import of organic products from third countries. № 1146/2020 (19-11-20) Regulation on (8th) amendment to Regulation no. 900/2018 on the entry into force of Commission Implementing Regulation (EU) 2017/2470 establishing a Union list of novel foods in accordance w ith Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods. № 1147/2020 (19-11-20) Regulation on (9th) amendment to Regulation no. 135/2010 on the entry into force of Commission Regulation (EC) no. 2073/2005 on microbiological criteria for foodstuffs, as amended. № 1149/2020 (19-11-20) Regulation on the (17th) amendment to Regulation no. 167/2015 on pharmacologically active substances and their classification w ith regard to maximum residue levels in foodstuffs of animal origin. № 1152/2020 (11-11-20) Regulation on (1st) amendment to Regulation no. 26-11-20 200/2020, on the import of dogs and cats. № 1167/2020 (25-11-20) Regulation on (18th) amendment to Regulation no. 27-11-20 544/2015 on plant protection products № 1168/2020 (25-11-20) Regulation on the (15th) amendment to Regulation no.

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Date* Measure 888/2015 on Registration, Evaluation, Authorization and Restriction of Materials (REACH) № 1169/2020 (25-11-20) Regulation on (11th) amendment to Regulation no. 415/2014 on the classification, labeling and packaging of substances and preparations № 1171/2020 (25-11-20) Regulation on (20th) amendment to Regulation no. 878/2014 on biocidal products. № 1183/2020 (13-11-20) Regulation amending Regulation no. 822/2004 on the type and equipment of vehicle № 1185/2020 (19-11-20) Regulation amending Regulation no. 822/2004 on the type and equipment of vehicles. 30-11-20 № 1199/2020 (27-11-20) Regulation on quarantine and isolation and sampling at the Icelandic border due to COVID ‑ 19 № 1200/2020 (27-11-20) on requirements for emission limits for pollutant gases and particulate matter and type-approval of internal combustion engines for off - road portable hardw are LIECHTENSTEIN LGBI № 2020.348 Agreement betw een Liechtenstein and Sw itzerland to regu- 26-11-20 late the participation of Liechtenstein in the income from the auctioning of tariff quotas (LR № 0.631.112.6) NORWAY FOR-2020-10-26-2200 Ministry of Health and Care Services Regulations amending the Regulations on special import conditions for food and feed in connection w ith the accident at the Chernobyl nuclear pow er plant FOR-2020-10-30-2202 Ministry of Finance Regulations amending regulations on the implementation of tax and duty control 02-11-20 FOR-2020-10-30-2205 Ministry of Justice and Emergency Preparedness Regu- lations amending the regulations on entry restrictions for foreigners for reasons of public health FOR-2020-10-30-2207 Ministry of Finance Regulations amending the Regula- tions to the Customs and Trade Act (the Customs Regulations) FOR-2020-10-23-2228 Ministry of Climate and Environment, Ministry of Labor 04-11-20 and Social Affairs Regulations amending the regulations on biocides (Biocides Regulations) FOR-2020-11-06-2248 Ministry of Justice and Emergency Preparedness Regu- lations on amendments to regulations of 29 June 2020 no. 1423 on entry re- 06-11-20 strictions for foreigners for reasons of public health (requirement for a negative test for SARS-CoV-2 upon entry into Norw ay) FOR-2020-11-08-2260 Ministry of Justice and Emergency Preparedness Regu- lations amending Regulations 29 June 2020 No. 1423 on entry restrictions for 08-11-20 foreigners for reasons of public health and Regulations 6 November 2020 No. 2248 amending Regulations 29 June 2020. FOR-2020-11-06-2268 Ministry of Health and Care Services, Ministry of Trade 09-11-20 and Industry, Ministry of Agriculture and Food Regulations amending the regulations on additives for use in feed products FOR-2020-11-04-2293 Ministry of Climate and Environment, Ministry of Agricul- 10-11-20 ture and Food Regulations on notification w hen exporting certain hazardous chemicals FOR-2020-11-10-2328 Ministry of Finance Regulations amending the Customs 11-11-20 Regulations FOR-2020-11-20-2421 Ministry of Justice and Emergency Preparedness Regu- 20-11-20 lations amending regulations on entry restrictions for foreigners for reasons of public health FOR-2020-11-20-2424 Ministry of Health and Care Services, Ministry of Trade 23-11-20 and Industry, Ministry of Agriculture and Food Regulations on imports of bivalve molluscs, echinoderms, tunicates and marine gastropods from the United States FOR-2020-11-25-2461 Ministry of Agriculture and Food Regulations amending 26-11-20 the Regulations on the import and transit of poultry and certain poultry products from third countries 27-11-20 LOV-2020-11-27-131 Ministry of Justice and Emergency Preparedness Act on

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Date* Measure transitional rules, etc. on Britain's w ithdraw al from the European Union (Brexit law ) FOR-2020-11-27-2499 Ministry of Agriculture and Food Regulations amending regulations on preventive measures to prevent transmission of highly pathogenic avian influenza from w ild birds to poultry and other captive birds FOR-2020-11-27-2500 Ministry of Justice and Emergency Preparedness 30-11-20 Shared entry into force of Act of 27 November 2020 no. 131 on transitional rules etc. on Britain's w ithdraw al from the European Union (Brexit law ) FOR-2020-11-30-2502 Ministry of Justice and Emergency Preparedness Regu- lations amending the regulations on entry restrictions for foreigners for reasons of public health SWITZERLAND Treaty of March 29, 1923 betw een Sw itzerland and the Principality of Liechten- stein concerning the reunion of the Principality of Liechtenstein w ith the Sw iss customs territory (RS 0.631.112.514) 03-11-20 FSVO Order Establishing Measures Against the Spread of African Sw ine Fever through Import, Transit and Export Trade w ith European Union Member States, Iceland and Norw ay (RS 916.443.107) Ordinance of the DFI regulating import, transit and export trade in animals and 04-11-20 animal products w ith third countries (OITE-PT-DFI) (RS 916.443.106) Ordinance of the FSVO establishing measures to prevent the introduction of 06-11-20 avian influenza present in certain Member States of the European Union (RS 916.443.102.1) FSVO Order Establishing Measures Against the Spread of African Sw ine Fever 11-11-20 through Import, Transit and Export Trade w ith European Union Member States, Iceland and Norw ay (RS 916.443.107) Ordinance of the FSVO establishing measures to prevent the introduction of 13-11-20 avian influenza present in certain Member States of the European Union (RS 916.443.102.1) Ordinance on the importation of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01) 17-11-20 Ordinance of the FSVO establishing measures to prevent the introduction of avian influenza present in certain Member States of the European Union (RS 916.443.102.1) Ordinance on measures to combat the coronavirus (COVID-19) in the field of in- 18-11-20 ternational passenger transport (COVID-19 Ordinance on measures in the field of international passenger transport) (RS 818.101.27) Ordinance of the FSVO establishing measures to prevent the introduction of 20-11-20 avian influenza present in certain Member States of the European Union (RS 916.443.102.1) Ordinance of the FDF on goods benefiting from customs relief according to their use (Ordinance on customs relief, OADou) (RS 631.012) Ordinance of the FDHA on materials and articles intended to come into contact w ith foodstuffs (Ordinance on materials and articles) (RS 817.023.21) Ordinance on the importation of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01) OFAG ordinance on phytosanitary measures for agriculture and productive horticulture (OMP-OFAG) (RS 916.202.1) 24-11-20 Arrangement betw een Sw itzerland and Liechtenstein concerning the modalities of the participation of Liechtenstein in the revenue from the auctioning of tariff quotas (RS 0.631.112.514.8) Decision No. 1/2020 of the Joint Committee on Agriculture concerning the modification of Annex 12 of the Agreement betw een the European Community and the Sw iss Confederation on trade in agricultural products (RS 0.916.026.81) Arrangement betw een Sw itzerland and Liechtenstein on the modalities of Liechtenstein's participation in market and price support measures taken w ithin the framew ork of Sw iss agricultural policy (RS 0.916.051.41) Ordinance of the FSVO establishing measures to prevent the introduction of 27-11-20 avian influenza present in certain Member States of the European Union (RS 916.443.102.1)

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Date* Measure Ordinance of the DFI regulating import, transit and export trade in animals and animal products w ith third countries (OITE-PT-DFI) (RS 916.443.106)

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

Date* Restrictive Measure

ICELAND № 1131/2020 (20-11-20) Rules the Director of Internal Revenue on the official publication of administrative sanctions according to Act no. 140/2018, on measures against money laundering and terrorist financing and Act no. 64/2019, 23-11-20 on the freezing of funds and the listing of parties on a list of coercive measures in connection w ith the financing of terrorism and the proliferation of w eapons of mass destruction. LIECHTENSTEIN LGBI № 2020.333 Ordinance of 10 November 2020 amending the Ordinance on Measures against Belarus (LR № 946.223.0) 11-11-20 LGBI № 2020.334 Ordinance of 10 November 2020 amending the ordinance on measures against Syria (LR № 946.223.8) LGBI № 2020.335 Ordinance of 10 November 2020 amending the Ordinance on 12-11-20 Measures against Burundi (LR № 946.224.5) LGBI № 2020.353 Ordinance of November 24, 2020 amending the Ordinance on 26-11-20 Measures against the Islamic Republic of Iran (LR № 946.223.3) SWITZERLAND Modification to the Ordinance establishing measures against Syria (RS 30-10-20 946.231.172.7) [Entry into force 30.10.20 at 18 hrs.] Modification to the Ordinance instituting measures against Burundi (RS 12-11-20 946.231.121.8) [Entry into force 12.11.20 at 18 hrs.] Modifications to the ordinance instituting measures against Syria (RS 18-11-20 946.231.172.7) [Entry into force 19-11-20 at 18 hrs.] Modification to the Ordinance establishing measures against the Islamic Repub- lic of Iran (RS 946.231.143.6) [Entry into force 27-11-20 at 18 hrs.] 27-11-20 Modification to the Ordinance instituting measures against Venezuela (RS 946.231.178.5) [Entry into force 27-11-20 at 18 hrs.]

Non EU-EFTA European Countries UNITED KINGDOM [TRANSITIONING OUT OF THE EU] UK introduces major overhaul of national security and foreign investment regime Mandatory, CFIUS-style screening system in place for transactions in 17 industry sectors

On 11 November 2020, the UK Government introduced the long-anticipated Na- tional Security & Investment Bill before Parliament. The new law will significantly expand the Government’s existing powers to review the national security implications of transactions and has been timed to coincide with the end of the Brexit Transition Period.

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The reforms follow concerns globally about foreign control of national businesses active in sensitive sectors, which have further intensified due to the COVID-19 crisis.

Starting in early 2021, a mandatory national security notification system will apply to acquisitions of as little as a 15% shareholding in businesses in one of 17 strategi- cally important industry sectors (such as defence, energy, transport, communications, data infrastructure, a range of special- ised technology industries as well as critical suppliers to the Govern- ment and emergency services). Outside of the 17 focus industries, notification will be voluntary.

Want to find out more? Read the full version of this update by Samantha Mobley and Sunny Mann on our free global Foreign Investment and National Security blog at https://foreigninvestment.bakermckenzie.com.

UK to be added to EU’s list of safe countries to export ‘dual-use items’ The EU announced last week that the UK would be added to its list of safe countries to export ‘dual-use items’.

Following the UK’s exit from the EU, the UK is no longer a Member State of the EU since 31 January 2020 and the EU law will cease to apply to the UK after the end of a transition period on 31 December 2020. As a result, the export of ‘dual- use items’ from the EU to the UK will require, as of 1 January 2021, an export authorisation. This authorisation would need to be issued by the competent national authority of the Member State where the exporter is established and would create a significant administrative burden for the authorities of the Member States and EU exporters, impacting on their competitiveness.

In order to reduce the impact of the UK’s withdrawal from the EU, the UK will be added to Annex IIa of Council Regulation (EC) No 428/2009 (the “Regulation”). Exports to the UK will therefore be eligible under the Union General Export Au- thorisation EU001. In justifying the UK’s addition to the list, the EU gave the following reasons:

the UK is party to the relevant international treaties and a member of international non-proliferation regimes and maintains full compliance under these; and

the UK applies proportionate and adequate controls effectively addressing con- siderations about intended end use and the risk of diversion consistent with the provisions and objectives of this Regulation.

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The full proposal for amending the Regulation is available here. The UK joins the other existing 8 so-called safe countries, namely Australia, Canada, Japan, New Zealand, Norway, Switzerland (including Lichtenstein) and the US.

Author: Sunny Mann.

Legislation (legislation.gov.uk)

Date Measure

SI 2020/1190 - The Health Protection (Coronavirus, International Travel) (Eng- land) (Amendment) (No. 21) Regulations 2020 SSI 2020/343 - The Health Protection (Coronavirus) (International Travel) (Scotland) 30-10-20 Amendment (No. 20) Regulations 2020 SR 2020/234 - The Health Protection (Coronavirus, International Travel) (Amendment No. 17) Regulations (Northern Ireland) 2020 SI 2020/1191 - The Health Protection (Coronavirus, International Travel) (Wales) 02-11-20 (Amendment) (No. 17) Regulations 2020 / Rheoliadau Diogelu Iechyd (Coro- nafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 17) 2020 SI 2020/1210 - The Citizens’ Rights (Restrictions of Rights of Entry and Resi- 04-11-20 dence) (EU Exit) Regulations 2020 SSI 2020/349 - The Common Agricultural Policy (Simplifications and Improve- 05-11-20 ments) (Miscellaneous Amendments) (Scotland) Regulations 2020 SI 2020/1227 - The Health Protection (Coronavirus, International Travel) (Eng- land) (Amendment) (No. 22) Regulations 2020 SSI 2020/354 - The Health Protection (Coronavirus) (International Travel) (Scot- land) Amendment (No. 21) Regulations 2020 06-11-20 SI 2020/1223 - The Health Protection (Coronavirus, International Travel) (Wales) (Amendment) (No. 18) Regulations 2020 / Rheoliadau Diogelu Iechyd (Coro- nafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 18) 2020 SR 2020/241 - The Health Protection (Coronavirus, International Travel) (Amendment No. 18) Regulations (Northern Ireland) 2020 SI 2020/1238 - The Health Protection (Coronavirus, International Travel) (Eng- land) (Amendment) (No. 23) Regulations 2020 SSI 2020/358 - The Health Protection (Coronavirus) (International Travel) (Scot- land) Amendment (No. 22) Regulations 2020 07-11-20 SI 2020/1237 - The Health Protection (Coronavirus, International Travel and Re- strictions) (Amendment) (Wales) Regulations 2020 / Rheoliadau Diogelu Iechyd (Coronafeirw s, Teithio Rhyngw ladol a Chyfyngiadau) (Diw ygio) (Cymru) 2020 SR 2020/243 - The Health Protection (Coronavirus, International Travel) (Amendment No. 19) Regulations (Northern Ireland) 2020 SI 2020/1239 - The Health Protection (Coronavirus, Travel from Denmark) (Eng- 08-11-20 land) Regulations 2020 SI 2020/1234 - The Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 SI 2020/1232 - The Health Protection (Coronavirus, International Travel) (Wales) 09-11-20 (Amendment) (No. 19) Regulations 2020 / Rheoliadau Diogelu Iechyd (Coro- nafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 19) 2020 SR 2020/244 - The Health Protection (Coronavirus, International Travel) (Amendment No. 20) Regulations (Northern Ireland) 2020 SR 2020/247 - The Health Protection (Coronavirus, Travel from Denmark) Regu- 10-11-20 lations (Northern Ireland) 2020 SSI 2020/368 - The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 11-11-20 2020 SI 2020/1277 - The Health Protection (Coronavirus, International Travel, Travel from Denmark) (England) (Amendment) Regulations 2020 SSI 2020/378 - The Health Protection (Coronavirus) (International Travel) (Scot- 13-11-20 land) Amendment (No. 23) Regulations 2020 SI 2020/1288 - The Health Protection (Coronavirus, International Travel and Re- strictions) (Amendment) (No. 2) (Wales) Regulations 2020 / Rheoliadau Diogelu Iechyd (Coronafeirw s, Teithio Rhyngw ladol a Chyfyngiadau) (Diw ygio) (Rhif 2)

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Date Measure (Cymru) 2020 SR 2020/254 - The Health Protection (Coronavirus, International Travel) (Amendment No. 21) Regulations (Northern Ireland) 2020 SI 2020/1292 - The Health Protection (Coronavirus, International Travel) (Eng- 16-11-20 land) (Amendment) (No. 24) Regulations 2020 SR 2020/261 - The Health Protection (Coronavirus, Travel from Denmark) 18-11-20 (Amendment) Regulations (Northern Ireland) 2020 SSI 2020/381 - The Genetically Modified Organisms and Pesticides (EU Exit) 19-11-20 (Scotland) (Amendment etc.) Regulations 2020 SI 2020/1323 - The Health Protection (Coronavirus, International Travel) (Eng- land) (Amendment) (No. 25) Regulations 2020 SI 2020/1329 - The Health Protection (Coronavirus, International Travel) (Wales) 20-11-20 (Amendment) (No. 20) Regulations 2020 / Rheoliadau Diogelu Iechyd (Coro- nafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 20) 2020 SR 2020/275 - The Health Protection (Coronavirus, International Travel) (Amendment No. 22) Regulations (Northern Ireland) 2020 SR 2020/272 - The Organic Products Regulations (Northern Ireland) 2020 23-11-20 SR 2020/268 - The Pesticides and Invasive Alien Species (Enforcement and Per- mitting)(Amendment)(EU Exit) Regulations (Northern Ireland) 2020 SR 2020/278 - The Health Protection (Coronavirus, International Travel) 24-11-20 (Amendment No. 23) Regulations (Northern Ireland) 2020 SSI 2020/398 - The Official Feed and Food Controls (Miscellaneous Amend- 25-11-20 ments) (Scotland) Regulations 2020 SI 2020/1360 - The Health Protection (Coronavirus, International Travel) (Eng- land) (Amendment) (No. 27) Regulations 2020 SSI 2020/404 - The Health Protection (Coronavirus) (International Travel) (Scot- land) Amendment (No. 24) Regulations 2020 SI 2020/1362 - The Health Protection (Coronavirus, International Travel) (Wales) 27-11-20 (Amendment) (No. 21) Regulations 2020 / Rheoliadau Diogelu Iechyd (Coro- nafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 21) 2020 SR 2020/289 - The Health Protection (Coronavirus, International Travel) (Amendment No. 24) Regulations (Northern Ireland) 2020 SR 2020/288 - The Health Protection (Coronavirus, Travel from Denmark) (Rev- ocation) Regulations (Northern Ireland) 2020 SI 2020/1379 - The Customs Safety, Security and Economic Operators Registra- tion and Identification (Amendment etc.) (EU Exit) Regulations 2020 30-11-20 SI 2020/1354 - The Prevention of Trade Diversion (Key Medicines) (EU Exit) Regulations 2020

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

SI 2020/1233 - The Syria (United Nations Sanctions) (Cultural Property) (EU 10-11-20 Exit) Regulations 2020 SI 2020/1272 - The Zimbabw e (Sanctions) (Overseas Territories) Order 2020 SI 2020/1270 - The Cyber (Sanctions) (Overseas Territories) (No. 2) Order 2020 SI 2020/1266 - The Guinea (Sanctions) (Overseas Territories) Order 2020 SI 2020/1260 - The Iraq (Sanctions) (Overseas Territories) Order 2020 SI 2020/1271 - The Republic of Belarus (Sanctions) (Overseas Territories) Order 12-11-20 2020 SI 2020/1269 - The Nicaragua (Sanctions) (Overseas Territories) (No. 2) Order 2020 SI 2020/1268 - The Bosnia and Herzegovina (Sanctions) (Overseas Territories) Order 2020

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Date* Restrictive Measure SI 2020/1267 - The Chemical Weapons (Sanctions) (Overseas Territories) Order 2020 SI 2020/1264 - The Burma (Sanctions) (Overseas Territories) Order 2020 SI 2020/1263 - The Burundi (Sanctions) (Overseas Territories) Order 2020 SI 2020/1262 - The Venezuela (Sanctions) (Overseas Territories) Order 2020 SI 2020/1289 - The Sanctions (EU Exit) (Consequential Provisions) (Amend- 16-11-20 ment) Regulations 2020 17-11-20 SI 2020/1278 - The Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020 SI 2020/1287 - The South Sudan (Sanctions) (Overseas Territories) Order 2020 SI 2020/1286 - The Central African Republic (Sanctions) (Overseas Territories) Order 2020 SI 2020/1285 - The Somalia (Sanctions) (Overseas Territories) Order 2020 18-11-20 SI 2020/1284 - The Afghanistan (Sanctions) (Overseas Territories) Order 2020 SI 2020/1282 - The Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (Overseas Territories) Order 2020 SI 2020/1281 - The Democratic Republic of the Congo (Sanctions) (Overseas Territories) Order 2020

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 27-11-20 Change of address for Banana Weighers Authorisations Team (CIP19) Additional data element required for goods held in Temporary Storage or a Spe- 30-11-20 cial Procedure, w hich are released to free circulation (CIP 8) Tariff, Anti-Dumping and Other Notices Moving excise goods as freight under the Northern Ireland Protocol from 1 Janu- ary 2021 Imports of certain ammonium nitrate products from Russia (anti-dumping duty 26-10-20 2436) Changes to commodity codes (Tariff stop press notice 40) Ex tending anti-dumping duty to imports of certain monosodium glutamate from China (anti-dumping duty 2435) Imports of heavyw eight thermal paper from the Republic of Korea (anti-dumping duty 2439) 28-10-20 Imports of heavyw eight thermal paper from the Republic of Korea (anti-dumping duty 2439) Imports of birch plyw ood from Russia (anti-dumping duty 2437) Imports of mono ethylene glycol from the United States of America and the King- 29-10-20 dom of Saudi Arabia (anti-dumping duty 2438) Changes to commodity codes (Tariff stop press notice 42) Pay no import duty and VAT on medical supplies, equipment and protective garments (COVID-19) Designated export place (DEP) codes for Data Element 5/23 of the Customs 30-10-20 Declaration Service Draft and final notices to be made under The Customs (Bulk Customs Declara- tion and Miscellaneous Amendments) (EU Exit) Regulations 2020 03-11-20 Prepared or preserved citrus fruits imported from China (anti-dumping duty 2441) Imports of aluminium converter foil from China (anti-dumping duty 2442) 04-11-20 Imports of steel w ind tow ers from China (anti-dumping duty 2440) 10-11-20 Changes to the level of EU steel safeguard quotas (Tariff stop press notice 45) Changes to commodity codes (Tariff stop press notice 47) 11-11-20 Transition review of anti-dumping duties on w ire rod originating in China (Tariff stop press notice 46)

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Release Ref. No. and Subject Date

Changes to legal rulings for the classification of goods from 1 January 2021 12-11-20 Notice 60: Intrastat general guide Changes to legal rulings for the classification of goods from 1 January 2021 Designated export place (DEP) codes for Data Element 5/23 of the Customs Declaration Service Changes to commodity codes (Tariff stop press notice 48) 16-11-20 Register for the National Export System to make an export declaration Commercial policy measures of imported products originating in the USA (Tariff stop press notice 49) Tobacco Products Duty External temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service 17-11-20 Data Element 2/3: Documents and Other Reference Codes (Union) of the Cus- toms Declaration Service (CDS) Transporting goods betw een Great Britain and the EU from 1 January 2021: 18-11-20 guidance for hauliers and commercial drivers 19-11-20 Changes to legal rulings for the classification of goods from 1 January 2021 Customs, VAT and Excise UK transition legislation from 1 January 2021 Accounting for VAT on goods moving betw een Great Britain and Northern Ireland from 1 January 2021 20-11-20 VAT and overseas goods sold to customers in Great Britain using online marketplaces from 1 January 2021 VAT and overseas goods sold directly to customers in Great Britain from 1 Janu- ary 2021 23-11-20 Steel imports from Indonesia, China and Taiw an (anti-dumping duty 2446) Hot rolled stainless steel sheets and coils from China and Indonesia (anti-dump- 24-11-20 ing duty 2444) Commission implementing Regulation (EU) 2020/1702 (Tariff notice 27) Intellectual property rights (Notice 34) 25-11-20 Exports of certain UK steel products subject to EU safeguard measures (antidumping duty 2443) Transporting goods betw een Great Britain and the EU from 1 January 2021: 26-11-20 guidance for hauliers and commercial drivers Hot rolled stainless steel sheets and coils from China and Indonesia (anti-dump- 25-11-20 ing duty 2444) Transporting goods betw een Great Britain and the EU from 1 January 2021: guidance for hauliers and commercial drivers 27-11-20 Duty due on bananas imported into the UK or EU Registration of hot-rolled flat products from Turkey (anti-dumping duty 2445) 30-11-20 Apply for approval as a registered consignor of excise goods

ECJU Notices to Exporters and DIT documents The following Export Control Joint Unit (ECJU) Notices to Exporters and other Department for International Trade (DIT) documents were issued:

Date Notice No. and Subct 10-11-20 Notice to exporters 2020/15: contacting the MOD team in ECJU 24-11-20 Notice to exporters 2020/16: UK exporters fined for unlicensed exports

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

Date Subject 05-11-20 Supplementary Decision to Import Regime Decision (Decision No: 3182) Communiqué on Inspection of Some Textile, Garment and Leather Products 07-11-20 (Product Safety and Inspection: 2021/18) 14-11-20 Communiqué on Prevention of Unfair Competition in Imports (No: 2020/23) The Communiqué on the Repeal of the General Customs Communiqué (Intro- 19-11-20 duction to Free Movement) (Serial No: 3) (Introduction to Free Movement) (Se- rial No: 17) The Communiqué Amending the Customs General Communiqué (Tariff -Classi- 21-11-20 fication Decisions) (Serial No: 16) (Serial No: 34) 27-11-20 Communiqué on Restructuring Customs Receivables Under Law No. 7256 Medicinal Leech (Hirudo Verbana) Communiqué on Allocation of Export Quota for 2021 (No: 2020/38) Regulation Amending the Regulation on the Transport of Live Animals and Ani- mal Products in the Country 28-11-20 Regulation Amending the Regulation on Identification, Registration and Moni- toring of Bovine Animals Regulation Amending the Regulation on Identification, Registration and Moni- toring of Sheep and Goat Animals Regulation on Identification and Transport of Nomadic Animals

UKRAINE Legislation (laws, resolutions, orders, etc.) The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presi- dential 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 Parlia- mentary (Верховної Ради) website during the period of coverage of this Update:

Date Subject Expiration of the term of application of final compensatory measures on import to Ukraine of cars originating from the Russian Federation 02.021.2021 04-11-20 Expiry of definitive anti-dumping measures on imports into Ukraine of caustic soda originating in the Russian Federation 05.06-21 On the adoption of the draft Law of Ukraine on the Principles of State Anti-Cor- 05-11-20 ruption Policy for 2020-2024 Resolution of the Verkhovna Rada of Ukraine of November 5, 2020 № 976-IX On Amendments to the Procedure for Using Funds Provided in the State Budget for National Measures in the Spheres of Culture and Arts, Protection of Cultural Heritage, Export, Import and Return of Cultural Property, State Lan- 11-11-20 guage Policy, International Relations, Religion and Protection of National Mi- norities Resolution of the Cabinet of Ministers of Ukraine of 11.11.2020 № 1102 Measures to import polymeric materials to Ukraine, regardless of the country of 21-11-20 origin and export (№ СП-440 / 2020 / 4411-03) Notice of initiation and anti-dumping investigation into imports into Ukraine of thermal insulation materials originating in the Republic of Belarus and the Rus- sian Federation (№ AD-468/2020 / 4411-03) 25-11-20 Notice on establishing the facts of discriminatory and unfriendly actions on the part of the Republic of Belarus regarding the legal rights and interests of the subjects of foreign economic activity of Ukraine - producers of steel bars and

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Date Subject application of adequate measures in response (№ 467/2020 /4411-03)

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 Economic Commission documentation page. In general, only Решения, Распоряжение and Recommendations having a direct effect on international traders are listed.

Publication Title Date

Council (Совет) of the Eurasian Economic Commission Решение No. 92 (30-10-20) On amendments to the List of regulated products (regulated goods, regulated materials, regulated goods) subject to quarantine phytosanitary control (supervision) at the customs border of the Eurasian Economic Un- ion and the customs territory of the Eurasian Economic Union No. 93 (30-11-20) On amending the list of goods in respect of w hich the Repub- lic of Kazakhstan, in accordance w ith the obligations assumed as a condition of accession to the World Trade Organization, applies the rates of import customs duties, w hich are low er than the rates of the Unified Customs Tariff of the Eura- sian Economic Union, and the amounts of such duty rates for certain types of cabins of motor vehicles for the carriage of goods No. 94 (30-10-20) On amending the list of goods in respect of w hich the Repub- 11-11-20 lic of Kazakhstan, in accordance w ith the obligations assumed as a condition of accession to the World Trade Organization, applies import customs duty rates that are low er than those of the Eurasian Economic Union's Common Customs Tariff, and the amount of such duty rates for certain types of timber No. 95 (30-10-20) On amending the list of goods in respect of w hich the Repub- lic of Kazakhstan, in accordance w ith the obligations assumed as a condition of accession to the World Trade Organization, applies import customs duty rates that are low er than those of the Eurasian Economic Union's Common Customs Tariff, and the amount of such duty rates No. 97 (07-10-20) On amendments to the Decision of the Customs Union Com- mission dated November 27, 2009 No. 130 in relation to certain types of turbo- prop civilian passenger aircraft No. 98 (30-10-20) On amendments to the Procedure for considering cases of violation of general rules of competition in cross-border markets No. 99 (30-10-20) amendments to the Methodology for calculating and the procedure for imposing fines for violation of the general rules of competition in cross-border markets No. 100 (30-10-20) On amendments to the Unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union, as w ell as to the list of sensi- 19-11-20 tive goods in respect of w hich the decision to change the import customs duty rate is made by the Council of the Eurasian Economic Commission, in relation to certain types of organic chemical compounds No. 101 (30-10-20) On amendments to the Unified Commodity Nomenclature of Foreign Economic Activity of the Eurasian Economic Union and the Unified Customs Tariff of the Eurasian Economic Union, as w ell as to the list of sensitive goods in respect of w hich the decision to change the rate of import customs duty is made by the Council of the Eurasian Economic Commission, in relation to goods for leather and footw ear industry No. 102 (30-10-20) On amendments to the Decision of the Council of the Eura- 23-11-20 sian Economic Commission dated December 5, 2018 No. 98

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Publication Title Date

Board (Коллегии) of the Eurasian Economic Commission Решения No. 139 (03-11-20) On the classification of the transpedicular system of fixation of the spine and its components in accordance w ith the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union No. 140 (03-11-20) On the classification of the alcoholic drink Divin (Divin) in accordance w ith the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union 06-11-20 No. 141 (03-11-20) About the Procedure for the formation and maintenance of the official w ebsite of the Eurasian Economic Union No. 142 (03-11-20) On the extension of the anti-dumping measure against tracked bulldozers w ith fixed and sw ivel blade w ith a capacity of up to 250 HP, originating from the People's Republic of China and imported into the customs territory of the Eurasian Economic Union No. 143 (13-11-20) On the extension of the anti-dumping measure for truck tires originating from the People's Republic of China and imported into the customs territory of the Eurasian Economic Union 17-11-20 No. 144 (13-11-20) On the procedure for introducing amendments to the technical regulations of the Customs Union "On the safety of milk and dairy products" (TR CU 033/2013) No. 145 (27-10-20) On the classifier of units of measurement and account of 19-11-20 the Eurasian Economic Union No. 146 (17-11-20) On the transitional provisions of the technical regulation of the Eurasian Economic Union "On requirements for the energy efficiency of energy-consuming devices" (TR EAEU 048/2019) 25-11-20 No. 147 (17-11-20) On the classification of an edible liquid mixture of vegetable oils in accordance w ith the unified Commodity nomenclature for foreign economic activity of the Eurasian Economic Union No. 148 (24-11-20) On establishing the rate of import customs duty of the Uni- fied Customs Tariff of the Eurasian Economic Union in relation to photographic plates and other photographic films, the length of either side of w hich is more than 255 mm No. 149 (24-11-20) On approval of methods for assessing the breeding value of farm animals in the member states of the Eurasian Economic Union No. 150 (24-11-20) On the classification of a portable w ireless speaker system in accordance w ith the unified Commodity nomenclature for foreign economic activity of the Eurasian Economic Union No. 151 (24-11-20) On the classification of a reprocessor for processing endo- scopes in accordance w ith the unified Commodity nomenclature for foreign economic activity of the Eurasian Economic Union No. 152 (24-11-20) On the classification of bushings for transformers in accordance w ith the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union No. 153 (24-11-20) On the classification of feed additives based on yeast in ac- 30-11-20 cordance w ith the unified Commodity nomenclature for foreign economic activity of the Eurasian Economic Union No. 154 (24-11-20) On amendments to the Decision of the Customs Union Commission dated September 20, 2010 No. 378 No. 155 (24-11-20) On amendments to some decisions of the Board of the Eur- asian Economic Commission No. 156 (24-11-20) On amendments to the Program for the development (amendment, revision) of interstate standards, as a result of w hich, on a voluntary basis, compliance w ith the requirements of the technical regulations of the Customs Union "On the safety of perfumery and cosmetic products" (TR CU 009/2011), as w ell as interstate standards containing the rules and methods of research (testing) and measurements, including the rules for sampling necessary for the application and fulfillment of the requirements of the technical regulations of the Customs Union "On the safety of perfumery and cosmetic products" (TR CU 009/2011) and the implementation of conformity assessment of technical objects regulation

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Publication Title Date

No. 157 (24-11-20) On the fulfillment by the Republic of Belarus of obligations w ithin the framew ork of the functioning of the internal market of the Eurasian Economic Union

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 Economic Union. It was last updated 28 October 2020. The table lists the tariff codes, a description, ra- tionale (GRIs) for the decision.

AFRICA (EXCEPT NORTH AFRICA)

SOUTH AFRICA South African Customs and Excise Act Amendments of Rules and Tariff Schedules

Publication Implemen- Date Subject Details tation Date

Imposition of Provisional Payment in the form of Safeguard duty against the increased imports of 13-11-20 GG 43901 bolts w ith hexagon heads of iron or steel: Prelimi- 13 -11-20 R.1222 nary investigation – ITAC Report 636  Notice R.1222 Amendment to Part 1 of Schedule No. 1, by the substitution of tariff subheadings 1001.91 and 1001.99 as w ell as 1101.00.10, 1101.00.20, 1101.00.30 and 1101.00.90, to reduce the rate of GG 43927 23 -11-20 customs duty on w heat and w heaten flour from 23 -11-20 R.1245 83,21c/kg and 124,81c/kg to 54,42c/kg and 81,63c/kg respectively, in terms of the existing variable tariff formula – Minute 07/2020  Notice R.1245 Amendment to rules under section 120 – Provid- ing for 24 hour operations at Lebombo, Oshoek 27-11-20 GG.43935 and Kopfontein border posts w ith effect from 1 01-12-20 R.1265 December 2020 (DAR204)  Notice R.1265

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. Con- tacts for the Global VAT/GST Newsletter are:

 Jochen Meyer-Burrow , Partner, jochen.meyer-burow @bakermckenzie.com

International Trade Compliance Update | December 2020 66 8506079-v3\WASDMS Baker McKenzie

 Martin Moraw ski, Associate, martin.moraw [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 2020 {older issues}

Foreign Investment Client Alert: UK introduces major overhaul of national security and foreign investment regime – Mandatory, CFIUS-style screening system for transactions in 17 industry sectors Other areas InsightPlus: Antitrust & Competition - China: Chinese antitrust authority gets ready to take action on internet platform economy WEBINARS, MEETINGS, SEMINARS, ETC.

Asia Pacific International Commercial and Trade Webinar Series December 2020 – January 2021 | 11:00 am – 12:00 pm (GMT+8) We are pleased to present the Asia Pacific Trade Webinar Series which focuses on the Nuts and Bolts of Trade Compliance and will deliver practical guidance and on- the-ground insights from our teams in Asia Pacific. This program features overarching customs developments and highlights on specially regulated goods. Key themes will include:  Significant changes to customs clearance requirements  Customs enforcement and audit priorities  Changes in import and export controls/prohibitions and specific permitting or licensing requirements  Other jurisdictional specific updates, such as: o COVID regulation special measures o Government trade incentive programs o FTA developments, including the RCEP Agreement o Trade war tensions

International Trade Compliance Update | December 2020 67 8506079-v3\WASDMS Baker McKenzie

o Sanctions developments o New regulatory regimes impacting supply chains o Regulatory reforms in development This webinar series is complimentary but registration is required. To register for the sessions, please click on the registration buttons below. Please note that the Zoom platform will be used for this webinar series. If you have any questions relating to the webinars, please contact Sharon How or Amanda Murillo.

December 2020 Sessions Jurisdictional Updates Date Singapore Thursday, 3 December Register Vietnam Tuesday, 8 December Register Malaysia Thursday, 10 December Register Thailand Tuesday, 15 December Register Indonesia Thursday, 17 December Register January 2021 Sessions Jurisdictional Updates Date Australia Tuesday, 19 January Register Philippines Thursday, 21 January Register China/Hong Kong Tuesday, 26 January Register Japan Thursday, 28 January Register Asia Pacific Key Contacts Australia: Anne Petterd (Partner) China/Hong Kong Jon Cowley (Registered Foreign Lawyer) Indonesia Riza Buditomo (Partner) Japan Junko Suetomi (Partner) Malaysia Adeline Wong (Partner) Philippines Ronald Bernas (Partner) Singapore Ken Chia (Principal) Taiwan Chris Tsai (Partner) Thailand Panya Sittisakonsin (Partner) Vietnam Thanh Vinh Nguyen (Partner)

International Trade Compliance Update | December 2020 68 8506079-v3\WASDMS Baker McKenzie

The Ever-Changing International Trade Landscape

Our Virtual Global Trade Conference was held on July 14-16, 2020. Below you will find links to the recordings and materials from the conference. Please let us know if you have any additional feedback on the sessions. Thank you for joining us virtually this year!

Day One - July 14, 2020  Current Trade and Investment Landscape o Click here to view the recording o Presentation Slides  USMCA and Future US/UK Trade o Click here to view the recording o Presentation Slides  Import Developments o Click here to view the recording o Presentation Slides Day Two - July 15, 2020  Export Control Developments o Click here to view the recording o Presentation Slides  Economic Sanctions Developments o Click here to view the recording o Presentation Slides  Export Sanctions Enforcement o Click here to view the recording o Presentation Slides Day 3 - July 16, 2020  The View from China and Hong Kong o Click here to view the recording o Presentation Slides  Rebuilding Supply Chains

International Trade Compliance Update | December 2020 69 8506079-v3\WASDMS Baker McKenzie

o Click here to view the recording o Presentation Slides Supplemental Links  Speakers Bios

Join us for our 17th Annual Global Trade and Details Supply Chain Webinar Series entitled, “International Trade: Basics and Trends” which includes the latest international trade Webinar Start Time: developments and updates on Trade Wars, 08:00 AM (Pacific) - San Francisco 10:00 AM (Central) - Chicago Brexit, Trade Agreement negotiations and key 11:00 AM (Eastern) - DC Customs, Export Controls and Sanctions 4:00 PM (GMT) - London developments. In addition to our usual topics of 5:00 PM (CET) - Frankfurt Customs and Export Controls/Sanctions, we will 12:00 AM+ (CST) - Beijing 1:00 AM+ (JST) - Tokyo also cover Foreign Investment Review regimes *see timeanddate.com for time in your around the world. location. Duration: Our program of basic webinars will cover the 90 Minutes areas of Customs, Export Controls and Login Details: Sanctions. These webinars (dates highlighted in Log-in details will be sent via email one blue) are primarily aimed at participants who week before the event. are new to Global Trade and/or those who Webinar Series Lead: Adriana Ibarra-Fernandez would like a refresher. Partner, Mexico City T +52 55 5279 2947 All webinars will begin at 11:00 AM Eastern Sylwia Lis (US) and are scheduled to run for approximately Partner, Washington, DC 90 minutes. If you reside in a different time zone T + 202 835 6147 and wish to verify your time - please click on the Jennifer F. Rev is following link:www.timeanddate.com. Partner, London T +44 20 7919 1381

All webinars are complimentary and you can These webinars are all sign-up for as many as you would like. complimentary.

DatDate Topic and Speakers US, Brazil, EU China Trade Policy and FTA Update plus Brexit REGISTER NOW! Tuesday, Speakers: Stu Seidel (Washington, DC), January 28 Marcelle Silbiger (Sao Paulo), Jon Cowley (Hong Kong), Jenny Revis (London), Pablo Bentes (Geneva) and Meera Rolaz Questions: (London) If y ou hav e any questions regarding this

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Basic: How to Classify Your Products webinar series, please contact: (Customs) Tuesday, Speakers: Jose Hoyos-Robles (Mexico Sal Gonzalez Business Dev elopment Specialist City), John Foote (Washington, DC), Olof February 25 Tel: +1 202 835 1661 Johannesson (Stockholm), Andrew Rose sal.gonzalez (London), and Riza Buditomo (Jakarta) @bakermckenzie.com

Foreign Inv estment Rev iew Regimes MCLE Credit: Around the World: Focus on US, UK, Applied f or 1.5 general Calif ornia CLE Germany, Italy, and Canada Tuesday, credit, 1.5 general Illinois CLE credit, 1.5 ar- Speakers: Sylwia Lis (DC), Ross Evans eas of prof essional practice New York CLE March 31 (London), Anahita Thoms (Dusseldorf), credit, and 1.5 general Texas CLE credit. Antonio Lattanzio (Rome), Yana Ermak Participants requesting CLE f or other states (Toronto) will receiv e Unif orm CLE Certif icates. Baker Moderator: Rod Hunter (DC) & McKenzie LLP is a Calif ornia and Illinois CLE approv ed prov ider. Baker & McKenzie Basic: Key Compliance Issues under LLP has been certif ied by the New York Tuesday, US, EU, and China Export Controls State CLE Board as an accredited prov ider in the state of New York f or the period Speakers: Lise Test (Washington, DC), 12/12/18-12/11/21. This program is appro- April 28 Ben Smith (London), Jenny Pan (Shang- priate f or both experienced and newly ad- hai) )and Akash Sikka (London) mitted New York attorney s. Baker & Restricted Parties Screening: McKenzie LLP is an accredited sponsor, Compliance Issues and Best Practices approv ed by the State Bar of Texas, Com- mittee on MCLE. under US, EU, and Canadian Trade Tuesday, Sanctions and Export Controls **While CLE credit may be pre-approv ed in May 19 Speakers: Meghan Hamilton (Chicago), certain jurisdictions, f inal CLE accreditation Ross Denton (London), Quentin Vander approv al is anticipated, but not guaranteed. Schueren (Toronto)

USMCA: How to Claim Preferential Tariff Thursday Treatment (Part 1) Speakers: Paul Burns June 4 (Toronto), Adriana Ibarra (Mexico City), John Foote (Washington

USMCA: How to Claim Preferential Tariff Applied f or 1.5 CCS, CES and MES credit Treatment (Part 2) Speakers: Eunkyung by the National Customs Brokers & For- warders Association of America, Inc. Thursday Kim Shin (Chicago), Jose Hoyos-Robles June 11 (Mexico City), Quentin Vander Schueren (Toronto) Interested in learning more?

USMCA: Labor Rules and Trade Remedies (Part 3) Speakers: John Foote Thursday (Washington), Liliana Hernandez-Salgado June 18 (Mexico City), Salvador Pasquel-Villegas (Mexico City), Kevin Coon (Toronto) Basic: How to v alue your products (Customs) Tuesday, Speakers: Kevin Nordin (London); Jaap June 23 Huenges Wajer (Amsterdam); John McKenzie (San Francisco); Ivy Tan (Kuala Lumpur) What you need to know about importing into Africa, China, Russia and the Middle East (Customs) Tuesday, Speakers: Virusha Subban July 28 (Johannesburg), Tina Li (Shanghai), Vladimir Efremov (Moscow), and Laya Aoun Hani (Dubai) Basic: Key Compliance Issues under US, EU, and Canada trade Sanctions Tuesday, Speakers: Callie LeFevre (Washington, August 25 DC), Sven Bates (London), Quentin Vander Schueren (Toronto)

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Customs Audits and Latest Customs Dev elopments Tuesday, Speakers: Andrea Dieguez (Mexico City) September 29 Nicole Looks (Frankfurt), Kelvin Hong (Kuala Lumpur), John Foote (Washington, DC) To register for this complimentary w ebinar series, click on the Basic: How to determine the origin of your products (Customs) Register Now button above and provide your information. You can Tuesday, Speakers: Jessica Mutton (London), Mariana Rojas (Mexico City), register for one or all w ebinars. October 27 Eukyung Kim Shin (Chicago), Weng Keong Kok (Hong Kong)

Hot Topics in US, EU, Russian Trade Sanctions and Export Controls Tuesday, Speakers: Inessa Owens (Washington, November 24 DC), Derk Christiaans (Amsterdam), Julian Godfray (London), Alexander Bychkov (Moscow) What you need to know about importing into Mexico, Brazil and Tuesday, Argentina (Customs) Speakers: Veronica Rejon (Guadalajara), December 15 Alessandra Machado (Sao Paulo), and Esteban Ropolo (Buenos Aires

2020 Virtual Year-End Review of Import/Export Developments

Welcome to our first Virtual Year-End Review of Import/Export Developments Conference, a virtual offering for all our clients and friends worldwide. Baker McKenzie's international trade compliance lawyers from around the world discussed the major global legislative, judicial and administrative activities and trends in export controls, trade sanctions, customs compliance, and import requirements in nine one-hour sessions which took place from 17 to 19 November 2020.

Below you will find the topics discussed in each of the sessions. To see the recordings, please click here.

Day One - November 17, 2020

Introduction and Overview Topics discussed:  Current Worldw ide Trade & Investment Environment

 New Administration's Trade Policy Objectives and Prospects

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 Foreign Investment Regulatory Developments Speakers: John McKenzie, Mattias Hedw all, Rod Hunter, Anahita Thoms, Junko Suetomi, Ben Smith Export Control Developments Topics discussed:  The Military End-User Licensing Requirements for China, Russia and Venezuela

 The New "Foreign Direct Product" Rule  Entity List Restrictions

 Change in the Status of Hong Kong for Export Control Purposes  Update on the Emerging and Foundational Technologies Export Control Initiative

 European Union Export Control Developments  The Export Control Implications of Brexit Speakers: Nick Cow ard, Alison Stafford Pow ell, Paul Amberg, Ben Smith Focus on China Topics discussed:

 The Chinese National Security Law and Hong Kong

 The New Chinese Export Control Regulations and Update on the China Technology Transfer Catalogue

 The Regulations Implementing China's "Unreliable Entity List"

 Executive Order 13943: Securing the Information and Communications Technology and Services Supply Chain

 Section 889 of the NDAA for 2019: U.S. Government restrictions on procurement of "covered telecommunications equipment and services" from specified Chinese suppliers

 Human Rights Abuses involving Minority Population of Xinjiang Province  Status Report and Prospects of the "Phase One Trade Agreement" Day Tw o - November 18, 2020 Economic Sanctions Developments Topics discussed:  Hong Kong Autonomy Act  Iran Sanctions

 Update on Venezuelan Sanctions  Update on Russian Sanctions

 Emerging Sanctions Issues: Cybersecurity, Human Rights, Election Interference  OFAC Developments

 Status Report on Pending Litigation under the Helms-Burton Act involving investments in Cuba Speakers: Alison Stafford Pow ell, Janet Kim, Alex Lamy, Ben Smith, Vladimir Efremov

Export Control and Economic Sanctions Enforcement Developments Topics discussed:  Department of Justice Voluntary Disclosure Guidelines

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 Recent Export Control and Economic Sanctions Enforcement Actions  EU Economic Sanctions Enforcement Actions

 Handling an Export Control or Economic Sanctions Enforcement Investigation  The Role of Banks in Economic Sanctions Enforcement Speakers: Alison Stafford Pow ell, Jessica Nall, Terry Gilroy, Tristan Grimmer Trade Agreements Developments Topics discussed:

 USMCA  Brexit

 Prospects for a United States-United Kingdom Free Trade Agreement  Transpacific Partnership (w ithout the United States) Speakers: John McKenzie, Adriana Ibarra, Stuart Seidel, Paul Burns, Jenny Revis Day Three - November 19, 2020 Import and Customs Developments: United States Topics discussed:  Overview of United States Customs Developments

 Update on Section 301 Duties on Products of China  The Digital Services Tax Dispute

 Transfer Pricing and Customs Valuation Speakers: John McKenzie, Stuart Seidel, Christine Streatfeild, Juliana Marques Import and Customs Developments: International Topics discussed:  European Customs Developments

 Import Developments in North America  Compliance Challenges in Importing into Brazil

 Asia/Pacific Customs Developments Speakers: John McKenzie, Jenny Revis, Brian Cacic, Jose Hoyos, Alessandra Machado, Ivy Tan, Junko Suetomi Rebuilding International Supply Chains Topics discussed:  Continued Pressure to Reduce Dependency on China

 Forced Labor and Modern Slavery and Trafficking Legislation  Screening Parties against the OFAC SDN List

 Compliance Challenges and Due Diligence of Suppliers and Customers under the FCPA  Supply Chains Reimagined and the "Extended Enterprise" Speakers: Alison Stafford Pow ell, Anne Petterd, Aleesha Fow ler, Kerry Contini, Helena Engfeldt

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WTO COVID-19 Trade and Trade-Related Measures

The WTO has created a dedicated page on the WTO website to provide up-to- the minute trade-related information including relevant notifications by WTO members, the impact the virus has had on exports and imports and how WTO activities have been affected by the pandemic. The following list contains notifications posed by the WTO after October 9, 2020. For earlier notifications see the WTO webpage..

Date Member Measure This Botsw ana standard prescribes the requirements and methods of test for alcohol based Botsw ana hand sanitizers. (G/TBT/N/BWA/111) Por Resolución SCI N° 435/2020 se prorroga la suspensión dispuesta en la Resolución SCI Nº 119/2020, notificada bajo signatura G/TBT/N/ARG/404 hasta el 31 de diciembre de 2020 (G/TBT/N/ARG/404/Add.1) 27-10-20 Por Resolución SCI N° 420/2020 se prorroga la suspensión dispuesta en la Resolución SCI Argentina Nº 117/2020 modificada por Resolución SCI N° 149/2020, notificada bajo signatura G/TBT/N/ARG/309/Add.6, mientras se encuentre vigente lo establecido por el Decreto DNU N° 297/2020 y sus modificatorios, que establece el "aislamiento social, preventivo y obliga- torio" dispuesto como consecuencia de la emergencia sanitaria declarada con motivo de la pandemia causada por el COVID-19. (G/TBT/N/ARG/309/Add.7) New temporary export licensing scheme w hich w ill remain in force until 30 November 2020 and eliminates export licensing requirements for respiratory machines and includes new ex- 29-10-20 Israel port licensing requirement for a number of Covid-19 tests products (G/MA/QR/N/ISR/1/Add.2) EU statement on COVID-19 at the SPS Committee informal meeting, 4 November 03-11-20 European Union 2020 (G/SPS/GEN/1854) Phytosanitary requirements governing the importation into Chile of fresh blueberries (Vaccin- 04-11-20 Chile ium spp.) from Peru that have undergone methyl bromide fumigation or been cold-treated, and approving the w ork plan (G/SPS/N/CHL/568/Add.2) Request to suspend the process and entry into force of reductions of maximum residue limi- European Union tes for plant protection products due to the COVID-19 pandemic – 05-11-20 G/SPS/GEN/1778/Rev.4 (G/SPS/GEN/1814/Rev.1) Removal of temporary quantitative restriction had been imposed on the exportation of filter- Korea, Rep. of ing respirators, surgical masks and anti-droplet masks (G/MA/QR/N/KOR/3/Add.1) The purpose of the law is to prevent the spread of COVID-19 among mink in the sake of public health. In mid-June, the first mink farms in North Jutland w ere found infected w ith COVID-19, and the virus has since spread to over 200 farms across Jutland, and on the rec- ommendation of the veterinary and health authorities, the government decided on 1 October Denmark 2020 to cull all infected crew s as w ell as crew s within a radius of 7.8 kilometers. The health 10-11-20 authorities assess that continued mink breeding during an ongoing COVID-19 epidemic en- tails a significant risk to public health, including the possibilities for preventing COVID-19 w ith vaccines. (G/TBT/N/DNK/104) Ad hoc report on extraordinary COVID-19 measures taken by Norw ay in the agricultural sec- Norw ay tor (G/AG/GEN/172) China's COVID-19 related trade actions against food and agricultural prod- United States ucts (G/SPS/GEN/1863) Ante la pandemia generada por el COVID-19 se considera imperativo fomentar y generalizar la utilización de medios electrónicos, principalmente la firma electrónica. Para lograr lo anterior, es necesario habilitar que las personas naturales y jurídicas, nacionales o extranjeras, puedan obtener la acreditación para prestar los servicios de almacenamiento de documen- 17-11-20 tos electrónicos o realizar por cuenta propia el almacenamiento de documentos electrónicos El Salvador con el interés que dichos documentos tengan el valor legal otorgado por la Ley; a través de lo anterior, dado el contexto sanitario mundial, se facilita al Estado la adopción y permanen- cia de medidas sanitarias de protección y conservación de la salud y la vida humana, como lo es el distanciamiento social. ; Reducción de obstáculos al comercio y facilitación del comercio. (G/TBT/N/SLV/210)

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Date Member Measure The objective of this draft Regulation is to postpone the latest application date and the sunset date for uses of the substance OPE for the research, development and production of medicinal products falling w ithin the scope of Directive 2001/83/EC or medical devices or ac- European Union cessories to medical devices falling w ithin the scope of Directive 93/42/EEC, Regulation (EU) 2017/745, Directive 98/79/EC or Regulation (EU) 2017/746 of the European Parliament and of the Council, in view of their use for the diagnosis, treatment or prevention of the coronavirus disease (COVID-19). (G/TBT/N/EU/758) Due to the situation of Coronavirus disease (COVID-19) pandemic, Thai Industrial Standards Institute (TISI), Ministry of Industry issued the regulation to exempt fees for conformity as- Thailand sessment bodies, prescribed in the Ministerial Regulation on Accreditation Fee for Conform- ity Assessment Bodies B.E. 2552 (2009) until 30 April 2021. (G/TBT/N/THA/583)

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 cop- ies of any of these notifications, please contact stuart.seidel@bakermckenzie.com 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 Member Notification Date Issued for Com- Merchandise Covered ments

Argentina ARG/309/Add.7 10/28/2020 Not given Textile products and footw ear Light-emitting diode (LED) lamps for general lighting services; electric filament or discharge lamps, ARG/373/Add.3 10/28/2020 Not given Argentina including sealed beam lamp units and ultra-violet or infra-red lamps; arc-lamps (HS 8539) Argentina ARG/404/Add.1 10/28/2020 Not given Low -voltage electrical products ARG/309/Add.7/ 11/09/2020 Not given Textile products and footw ear Argentina Corr.1 Argentina ARG/309/Add.8 11/09/2020 Not given Textile products and footw ear Argentina ARG/337/Add.3 11/05/2020 Not given Solar collectors and compact solar systems Australia AUS/126 11/09/2020 01/08/2021 Medicines; Pharmaceutical Products (HS 30) Bahrain, Kingdom of BHR/584 11/04/2020 01/03/2021 Food products in general (ready-to-eat-foods)

Bahrain, Kingdom of BHR/585 11/05/2020 01/04/2021 Food products in general (Food supplements)

Bolivia BOL/3/Add.9 11/12/2020 Not given Processes in the food industry Environment. Health Protection. Safety (battery BWA/121 11/02/2020 01/01/2021 Botsw ana chargers) Environment. Health Protection. Safety (room heat- BWA/122 11/02/2020 01/01/2021 Botsw ana ers) Environment. Health Protection. Safety (oral hy- BWA/123 11/02/2020 01/01/2021 Botsw ana giene appliances) Environment. Health Protection. Safety (w ashing BWA/124 11/02/2020 01/01/2021 Botsw ana machines)

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

Botsw ana BWA/125 11/02/2020 01/01/2021 Environment. Health Protection. Safety (fans) Environment. Health Protection. Safety (vertically BWA/126 11/02/2020 01/01/2021 Botsw ana moving garage doors) Environment. Health Protection. Safety (Portable BWA/127 11/02/2020 01/01/2021 Botsw ana general purpose luminaires)

Botsw ana BWA/128 11/02/2020 01/01/2021 Environment. Health Protection. Safety (Floodlights) Environment. Health Protection. Safety (Self-bal- BWA/129 11/02/2020 01/01/2021 Botsw ana lasted fluorescent lamps) Environment. Health Protection. Safety (Self-bal- BWA/130 11/02/2020 01/01/2021 Botsw ana lasted LED-lamps)

Brazil BRA/384/Add.8 11/04/2020 Not given Helmets; Safety headgear (HS 6506)

Brazil BRA/840/Add.2 11/04/2020 Not given Sardines/pre packed (HS 160413) Whey and modified w hey, w hether or not concen- Brazil BRA/966/Add.1 11/04/2020 Not given trated or containing added sugar or other sw eetening matter (HS 040410); Milk and milk products Whey and modified w hey, w hether or not concen- Brazil BRA/966/Add.2 11/04/2020 Not given trated or containing added sugar or other sw eetening matter (HS 040410); Milk and milk products Regulatory Agenda of the National Mining Agency – BRA/1096 11/04/2020 Not given Brazil ANM BRA/760/Add.1/ 11/05/2020 Not given Paraquat Brazil Corr.1 Regulatory Agenda of the National Mining Agency – BRA/1096/Add.1 11/05/2020 Not given Brazil ANM

Brazil BRA/1097 11/05/2020 Not given Radio Frequency Bands Electronic stability control (ESC) (HS Chapter 87 - BRA/702/Add.1 11/09/2020 Not given Brazil Vehicles)

Brazil BRA/764/Add.4 11/09/2020 Not given Agriculture and livestock products

Brazil BRA/781/Add.4 11/09/2020 Not given Food supplements and labelling

Brazil BRA/823/Add.3 11/09/2020 Not given Kombucha (HS 09.02) HS: 02.10 beef jerky, cured and dried salted meat BRA/948/Add.1 11/09/2020 Not given Brazil and dried salted offal

Brazil BRA/1098 11/12/2020 01/04/2021 Regulatory Guillotine

Brazil BRA/1099 11/20/2020 Not given Vaccines for human medicine (HS 300220) Other garments, men's or boys' (HS 62113) (Ballis- BRA/1100 11/25/2020 12/15/2020 Brazil tic Protection Vests) Labelling of personal hygiene products, cosmetics BRA/608/Add.1 11/27/2020 Not given Brazil and perfumes Machinery for filling, closing, sealing or labelling bottles, cans, boxes, bags or other containers; ma- Brazil BRA/1101 11/27/2020 Not given chinery for capsuling bottles, jars, tubes and similar containers; machinery for aerating beverages (HS 842230) Festive or other entertainment articles, including BRA/396/Add.12 11/30/2020 Not given Brazil conjuring tricks and novelty jokes (HS 9505)

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

Brazil BRA/760/Add.3 11/30/2020 Not given Paraquat

Brazil BRA/760/Add.4 11/30/2020 Not given Paraquat HS Code(s): medical devices (2936, 2937, 3001, 3002, 3003, 3004, 3006); Provitamins and vitamins, natural or reproduced by synthesis, incl. natural concentrates, derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, w hether or not in any solvent (HS 2936); Hor- mones, prostaglandines, thromboxanes and leuko- trienes, natural or reproduced by synthesis; derivatives and structural analogues thereof "incl. chain modified polypeptides", used primarily as hormones (HS 2937); Dried glands and other organs for organo-therapeutic uses, w hether or not pow dered; extracts of glands or other organs or their secre- tions, for organo-therapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, n.e.s (HS 3001); Human blood; animal blood prepared for Brazil BRA/1029/Add.1 11/30/2020 Not given therapeutic, prophylactic or diagnostic uses; anti- sera and other blood fractions and modified immu- nological products, w hether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excl. yeasts) and similar products (HS 3002); Medicaments consisting of tw o or more constituents mixed together for therapeutic or prophylactic uses, not in meas- ured doses or put up for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3003); Medica- ments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in meas- ured doses "incl. those in the form of transdermal administration" or in forms or packings for retail sale (excl. goods of heading 3002, 3005 or 3006) (HS 3004); Pharmaceutical preparations and products of subheading Nos 3006.10.10 to 3006.60.90 (HS 3006) Tacit approval for the public acts of release of BRA/1077/Add.3 11/30/2020 Not given Brazil Inmetro's responsibility Radiocommunications, Electromagnetic compatibil- CAN/623 11/18/2020 01/18/2021 Canada ity (EMC) (Testing Laboratories) Radiocommunications, Electromagnetic compatibil- CAN/624 11/18/2020 01/18/2021 Canada ity (EMC) (Certification Bodies) Radiocommunications, Electromagnetic compatibil- CAN/625 11/18/2020 01/18/2021 Canada ity (EMC) (Terminal Equipment) Radiocommunications, Electromagnetic compatibil- CAN/626 11/18/2020 01/18/2021 Canada ity (EMC) (Handset telephones) Radiocommunications, Electromagnetic compatibil- CAN/627 11/18/2020 01/18/2021 Canada ity (EMC) (Testing Laboratories) Fertilizers and Supplements imported under HS codes: 25 - Salt; Sulphur; Earths and Stone; Plas- Canada CAN/571/Add.1 11/20/2020 Not given tering Materials, Lime and Cement; 30 - Pharma- ceutical Products; 31 - Fertilizers; 38 - Miscellane- ous chemical products Canada CAN/628 11/20/2020 01/25/2021 Radiocommunications

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

Canada CAN/629 11/30/2020 02/03/2021 Radiocommunications Quality specifications for liquid fuels for marine use, covering the follow ing categories: - Seven categories of distillate marine fuels, referred to as marine CHL/497/Add.1 10/29/2020 Not given Chile diesel, including fuels used in emergency diesel engines on vessels, and - Six categories of residual fuels, referred to as marine residual fuel oils.

Chile CHL/537 11/04/2020 01/03/2021 Electric vehicles

Chile CHL/538 11/06/2020 01/05/2021 Medicinal gases

Chile CHL/539 11/06/2020 01/05/2021 Agricultural pesticides

Chile CHL/538 11/06/2020 01/05/2021 Medicinal gases

Chile CHL/539 11/06/2020 01/05/2021 Agricultural pesticides Inorganic Chemicals; Organic or Inorganic Com- pounds of Precious Metals, of Rare-Earth Metals, of CHN/1488 11/06/2020 01/05/2021 China Radioactive Elements or of Isotopes (HS 28); Ferti- lizers (HS 31) Primary cells and primary batteries, electrical; parts thereof (excl. spent) (HS 8506); Electric accumula- China CHN/1489 11/06/2020 01/05/2021 tors, incl. separators therefor, w hether or not rec- tangular or square; parts thereof (excl. spent and those of unhardened rubber or textiles) (HS 8507)

China CHN/1490 11/06/2020 01/05/2021 Cyanides and cyanide oxides (HS 28371) Glazing materials used in pow er-driven vehicles including Class M, Class N, Class O, Class L vehicles w ith cab, and agricultural and forestry vehicles; China CHN/1491 11/06/2020 01/05/2021 Safety glass, toughened "tempered", laminated safety glass (excl. multiple-w alled insulating units of glass, glasses for spectacles and clock or w atch glasses) (HS 7007) Centrifuge; Parts of centrifuges, incl. centrifugal dry- CHN/1492 11/06/2020 01/05/2021 China ers, n.e.s (HS 842191) Continuous casting machine; Casting machines of a China CHN/1493 11/06/2020 01/05/2021 kind used in metallurgy or in metal foundries (HS 845430) En-masse conveyors; Continuous-action elevators China CHN/1494 11/06/2020 01/05/2021 and conveyors for goods or materials, belt type (excl. those for underground use) (HS 842833) Brake replacement parts such as brake lining, brake shoe assembly, pad assembly, brake drum and brake disc for automobile and trailer brake system; Parts and accessories for tractors, motor vehi- China CHN/1495 11/06/2020 01/05/2021 cles for the transport of ten or more persons, motor cars and other motor vehicles principally designed for the transport of persons, motor vehicles for the transport of goods and special purpose motor vehicles of heading 8701 to 8705, n.e.s (HS 8708) Vehicles; Vehicles Other Than Railw ay Or Tramw ay China CHN/1496 11/06/2020 01/05/2021 Rolling Stock, and Parts And Accessories Thereof (HS 87) Vehicles; Vehicles Other Than Railw ay or Tramw ay CHN/1497 11/06/2020 01/05/2021 China Rolling Stock, and Parts And Accessories Thereof

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

(HS 87) Elevating w ork platforms; Lifting, handling, loading or unloading machinery, e.g. lifts, escalators, conveyors, teleferics (excl. pulley tackle and hoists, w inches and capstans, jacks, cranes of all kinds, CHN/1498 11/06/2020 01/05/2021 China mobile lifting frames and straddle carriers, w orks trucks fitted w ith a crane, fork-lift trucks and other w orks trucks fitted w ith lifting or handling equipment) (HS 8428) Indoor decorating and refurbishing materials; Wall- China CHN/1499 11/09/2020 01/08/2021 paper and similar w allcoverings of paper; w indow transparencies of paper (HS 4814) Feed processing machinery; Machinery for prepar- ing animal feedingstuffs in agricultural holdings and China CHN/1500 11/09/2020 01/08/2021 similar undertakings (excl. machinery for the feed- ingstuff industry, forage harvesters and autoclaves for cooking fodder) (HS 843610) Requirements for critical netw ork devices; Auto- matic data-processing machines and units thereof; China CHN/1501 11/09/2020 01/08/2021 magnetic or optical readers, machines for transcrib- ing data onto data media in coded form and machines for processing such data, n.e.s (HS 8471) Packaging for food and cosmetics sales; Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose w adding or w ebs of CHN/1502 11/09/2020 01/08/2021 China cellulose fibres, n.e.s.; box files, letter trays, and similar articles, of paperboard of a kind used in offices, shops or the like (HS 4819) Zinc manganese dioxide battery, zinc silver oxide battery and zinc air battery; Primary cells and pri- CHN/1503 11/09/2020 01/08/2021 China mary batteries, electrical; parts thereof (excl. spent) (HS 8506) Electrical and electronic equipment w ithin the field of audio, video, information and communication technology, and business and office machines w ith a rated voltage not exceeding 600V; Electrical Ma- CHN/1504 11/09/2020 01/08/2021 China chinery and Equipment and Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles (HS 85) Rock Drilling Machinery and Pneumatic Tools.; Moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; pile-drivers and pile- extractors; snow ploughs and snow blow ers (excl. those mounted on railw ay w agons, motor vehicle China CHN/1505 11/09/2020 01/08/2021 chassis or lorries, self-propelled machinery of heading 8429, lifting, handling, loading or unloading machinery of heading 8425 to 8428 and hand-operated tools) (HS 8430); Tools for w orking in the hand, pneumatic, hydraulic or w ith self-contained electric or non-electric motor; parts thereof (HS 8467) Vehicles, boats and internal combustion engines; Spark-ignition reciprocating or rotary internal com- CHN/1506 11/13/2020 01/12/2021 China bustion piston engine (excl. those for aircraft or marine propulsion and reciprocating piston engine of a

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

kind used for vehicles of chapter 87) (HS 840790); - Other vehicles, w ith only compression-ignition internal combustion piston engine (diesel or semi-diesel): (HS 87033); Inflatable vessels for pleasure or sports (HS 890310) Cooled multi-connected air-condition (heat pump) units, low ambient temperature air source multi-connected heat pump (air-conditioning) units; Refriger- China CHN/1507 11/13/2020 01/12/2021 ators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps; parts thereof (excl. air conditioning machines of heading 8415) (HS 8418)

China CHN/1508 11/13/2020 01/12/2021 Molten splash protective garments (HS 392620) Disposable copper-bearing contraceptive intrauter- CHN/1509 11/13/2020 01/12/2021 China ine devices and its placers (HS 9018)

China CHN/1510 11/13/2020 01/12/2021 HS 3926, 6116 (Hand Protection)

China CHN/1511 11/13/2020 01/12/2021 Dental intra-oral X-ray equipment (HS 9022) Study products for children and adolescents, including textbook, teaching-aid book, magazine for education, exercise book, examination paper, new spa- China CHN/1512 11/13/2020 01/12/2021 per for education, book for learning in preschool children, luminaire for classroom, desk lamp for paper task, and multimedia device for teaching (HS 482390, 940520) X-ray equipment for interventional procedures (HS CHN/1513 11/13/2020 01/12/2021 China 9022)

China CHN/1514 11/13/2020 01/12/2021 Fall protection equipment (HS 630720)

China CHN/1515 11/13/2020 01/12/2021 Cosmetics (HS 33)

China CHN/1516 11/16/2020 01/15/2021 Chemical protective clothing (HS 621139) Sodium calcium silicate flat glass w ith thickness not CHN/1517 11/16/2020 01/15/2021 China less than 2mm. (HS 70) Protective gloves against mechanical risks (HS CHN/1518 11/16/2020 01/15/2021 China 401519)

China CHN/1519 11/16/2020 01/15/2021 Cement (HS 68)

China CHN/1520 11/16/2020 01/15/2021 Eye and face protection equipments (HS 900490) Mobile phones w ith Radio frequency exposure in the frequency w ithin 300 GHz, and mobile terminals CHN/1521 11/16/2020 01/15/2021 China used in close proximity to human head and body (HS 87) Food; (HS: 02, 03, 04, 07, 08, 09, 10, 11, 12, 15, CHN/1522 11/16/2020 01/15/2021 China 16, 17, 18, 19, 20, 21, 22)

China CHN/1523 11/16/2020 01/15/2021 Personal fall protection systems (HS 630720)

China CHN/1524 11/18/2020 01/17/2021 Cosmetics (HS 33)

China CHN/1525 11/18/2020 01/17/2021 Cosmetics (HS 33)

China CHN/1526 11/18/2020 01/17/2021 Cosmetics (HS 33)

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China CHN/1527 11/18/2020 01/17/2021 Cosmetics (HS 33) Imperfect, used, repaired, remanufactured, recondi- COL/175/Add.2 11/05/2020 Not given Colombia tioned or discontinued products The draft law concerns the culling of mink and a DNK/104 11/11/2020 11/27/2020 temporary ban on keeping mink.; Live Animals (HS Denmark 01) Refill containers (for electronic cigarettes) w ithout DNK/105 11/26/2020 01/25/2021 Denmark nicotine Electronic cigarettes and refill containers w ith or DNK/106 11/26/2020 01/25/2021 Denmark w ithout nicotine

DNK/107 11/26/2020 01/25/2021 Tobacco surrogates (not containing tobacco) Denmark Ecuador ECU/448/Add.1 10/26/2020 Not given Rivets (HS 731823) Other vehicles (HS 871680) (Hand-propelled w heel- ECU/460/Add.1 10/26/2020 Not given Ecuador barrow s) Ecuador ECU/475/Rev.1 10/23/2020 Not given Natural processed products for medicinal use The notified Sanitary Technical Regulation applies to all national or foreign natural or legal persons in- volved or engaged in the manufacturing, produc- Ecuador ECU/490/Add.1 10/23/2020 Not given tion, processing, preparation, packaging, packing, assembly, transportation, storage and marketing in Ecuador of processed foods for human consumption, as w ell as to mass catering establishments. Hydraulic brake fluids and other prepared liquids for hydraulic transmission, not containing or containing ECU/398/Rev.2 10/29/2020 Not given Ecuador less than 70% by w eight of petroleum oils or oils obtained from bituminous minerals (HS 3819) Safety or relief valves (HS 848140); Other appli- ECU/436/Rev.2 10/29/2020 Not given Ecuador ances (HS 848180) Aluminium bars, rods and profiles, n.e.s. (HS 7604); Ecuador ECU/491 10/29/2020 12/28/2020 Aluminium tubes and pipes (excluding hollow profiles) (HS 7608) - Other: (HS 73239) (Household cooking recepta- ECU/492 10/29/2020 01/04/2021 Ecuador cles) "premium" and "super" petrol, diesel fuel (HS 2707.50.90, 2710.11.11, 2710.11.13, 2710.19.14, ECU/66/Add.8 11/04/2020 Not given Ecuador 2710.19.21, 2710.19.22, 2711.11.00, 2711.12.00, 2711.13.00, 2711.21.00) "premium" and "super" petrol, diesel fuel (HS 2707.50.90, 2710.11.11, 2710.11.13, 2710.19.14, ECU/66/Add.8 11/4/2020 Not given Ecuador 2710.19.21, 2710.19.22, 2711.11.00, 2711.12.00, 2711.13.00, 2711.21.00)

Egypt EGY/276 11/09/2020 Not given Food

Egypt EGY/277 11/09/2020 Not given Food

Egypt EGY/3/Add.38 11/10/2020 Not given Chemical, textile and engineering products

Egypt EGY/70/Add.1 11/10/2020 Not given Toys

Egypt EGY/164/Add.3 11/10/2020 Not given Toys

Egypt EGY/278 11/09/2020 1/8/2021 Furniture, Equipment for children

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European Union EU/756 11/10/2020 12/10/2020 Organic products

European Union EU/757 11/12/2020 01/11/2021 Cosmetics

European Union EU/758 11/18/2020 Not given Chemical substances

European Union EU/759 11/18/2020 01/17/2021 Chemical substances

European Union EU/760 11/24/2020 01/23/2021 Chemical substances Electrical and electronic equipment for consumers: large household appliances, small household appli- FRA/195 10/30/2020 12/29/2020 France ances, IT and telecommunications equipment, consumer equipment, electrical and electronic tools This Order applies to all electrical and electronic equipment subject to calculation and display of the repairability index according to the provisions of the FRA/196 10/30/2020 12/29/2020 France Decree on procedures for applying the repairability index for electrical and electronic products, its criteria and calculation method. This Order applies to front-loading household w ashing machines falling w ithin the scope of Regulation France FRA/197 10/30/2020 12/29/2020 (EU) 2019/2023 laying dow n ecodesign requirements for household w ashing machines and household w asher-dryers. This Order applies to notebook computers falling w ithin the scope of Regulation (EU) 617/2013 on FRA/198 10/30/2020 12/29/2020 France ecodesign requirements for computers and com- puter servers.

France FRA/199 10/30/2020 12/29/2020 Smartphones This Order applies to televisions falling w ithin the France FRA/200 10/30/2020 12/29/2020 scope of Regulation (EU) 2019/2021 laying dow n ecodesign requirements for electronic displays. This Order applies to law nmow ers falling w ithin the scope of the Order of 17 June 1987 relating to the France FRA/201 10/30/2020 12/29/2020 permissible sound pow er level of the aforementioned law nmow ers, operating w ith an electric motor and equipped w ith a battery. This Order applies to law nmow ers falling w ithin the scope of the Order of 17 June 1987 relating to the permissible sound pow er level of law nmow ers oper- FRA/202 10/30/2020 12/29/2020 France ating w ith an electric motor and connected to the electricity netw ork w ith a cable ("corded electric law nmow ers"). This Order applies to law nmow ers falling w ithin the scope of the Order of 17 June 1987 relating to the France FRA/203 10/30/2020 12/29/2020 permissible sound pow er level of autonomous law nmow ers operating w ith an electric motor ("robot electric law nmow ers"). Products placed on the market for household use France FRA/204 11/09/2020 12/15/2020 and subject to the principle of extended producer responsibility

Guyana GUY/57 11/05/2020 12/31/2020 Cell Phones

Guyana GUY/58 11/05/2020 12/31/2020 Electrical Equipment, fittings and appliances

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India IND/173 11/04/2020 12/04/2020 Refrigerating Appliances

India IND/174 11/09/2020 01/08/2021 Food Products 3 (N, N Di-Ethyl) Aminophenol (HS Code IND/175 11/16/2020 01/15/2021 India 29222914) Methylene Chloride (Dichloromethane) (HS Code IND/176 11/16/2020 01/15/2021 India 29031200)

India IND/177 11/16/2020 01/15/2021 Red Phosphorus (HS Code 28047020)

India IND/178 11/20/2020 01/19/2021 Food Products

India IND/179 11/25/2020 01/24/2021 Food Products

India IND/180 11/25/2020 01/24/2021 Food Products

India IND/181 11/25/2020 01/24/2021 Food Products (Edible oils and fats)

Israel ISR/1177 11/25/2020 01/24/2021 Wine (HS 2204)

Israel ISR/1178 11/27/2020 01/26/2021 Wine; (HS: 2204);

Israel ISR/1179 11/27/2020 01/26/2021 Honey; (HS: 0409); Lifting platforms for person w ith impaired mobility ISR/870/Add.1 11/30/2020 Not given Israel (HS 8428)

Israel ISR/927/Rev.1 11/30/2020 Not given Mayonnaise (HS 210390) Vehicle for food products transport in a controlled ISR/1136/Add.1 11/30/2020 Not given Is rael temperature

Israel ISR/1180 11/30/2020 01/29/2021 Steel pipes for use in a fire (HS 7304, 7306) Jamaica JAM/95 11/11/2020 01/06/2021 Processed foods

Japan JPN/650/Add.1 11/04/2020 Not given 920 MHz band Active Low Pow er Wireless system In vitro Diagnostic Pharmaceutical Products (HS: JPN/678 11/17/2020 01/16/2021 Japan 30). Medical Devices (HS: 90) Substances w ith probable effects on the central JPN/679 11/20/2020 Not given Japan nervous system

Kenya KEN/1027 11/10/2020 01/10/2021 Meat and meat products

Kenya KEN/1028 11/10/2020 01/10/2021 Meat and meat products

Kenya KEN/1029 11/10/2020 01/10/2021 Meat and meat products

Korea, Republic of KOR/934 11/17/2020 01/16/2021 Medical Device In-Vitro Diagnostic Medical Devices; Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents w hether or not on a backing, and certified reference materials (excl. compound diagnostic reagents designed to be ad- KOR/935 11/17/2020 01/16/2021 Korea, Republic of ministered to the patient, blood-grouping reagents, animal blood prepared for therapeutic, prophylactic or diagnostic uses and vaccines, toxins, cultures of micro-organisms and similar products) (HS 3822); Instruments and apparatus for physical or chemical

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analysis, or for measuring or checking viscosity, po- rosity, expansion, surface tension or the like, or for measuring or checking quantities of heat, sound or light, n.e.s (HS 902780)

Korea, Republic of KOR/936 11/25/2020 01/24/2021 Grinders Kuw ait KWT/556 11/04/2020 01/03/2021 Food products in general (ready-to-eat-foods) Kuw ait KWT/557 11/05/2020 01/04/2021 Food products in general (Food supplements) Non-Biodegradable Single Use Plastic products; Bi- MUS/11 11/05/2020 Not given Mauritius odegradable Single Use Products Non-biodegradable plastic bag and Biodegradable MUS/12 11/05/2020 Not given Mauritius and compostable plastic bag Mexico MEX/404/Add.1 10/26/2020 Not given Water, national tariff heading 22019001 Mexico MEX/64/Add.1 11/02/2020 Not given Products in general MEX/178/Add.1 Labelling of pre-packaged food and non-alcoholic 11/02/2020 Not given Mexico 5 beverages Mexico MEX/258/Add.3 11/02/2020 Not given Electronic, electrical and home electrical appliances Textile products, articles of apparel, clothing acces- MEX/480 11/09/2020 01/08/2021 Mexico sories and household linen (HS 61, 62 and 63) • Rubber hoses for agricultural spraying • Thermo- plastic mulch films for agricultural and horticultural use • Thermoplastic stretch films for w rapping bales - Requirements and test methods • Thermoplastic silage films • Multilayer piping systems for hot and cold w ater installations inside buildings: Fittings • PVC-coated fabrics for tarpaulins • Plastic piping systems for non-pressure underground drainage and sew erage • Unplasticized PVC pipes and fittings for underground communication lines • Gloves to protect against ionizing radiation and radioactive contamination • Protective gloves for w elders • Plastic hoses - Textile-reinforced types for com- MAR/32 11/04/2020 12/04/2020 Morocco pressed-air applications • Rubber hoses, textilereinforced, for general-purpose w ater applications • Thermoplastic hoses, textilereinforced, for general- purpose w ater applications • Corrugated unplasticized PVC pipes used for agricultural drainage • Emitting-pipe systems • Pipes and joints made of oriented unplasticized poly(vinyl chloride) (PVC-O) for the conveyance of w ater under pressure • Plas- tic piping systems for the conveyance of w ater under pressure • Conduit systems for cable management • Lighting columns • Furnishing articles • Structural hollow sections of non-alloy steel • Insu- lators for overhead lines New Zealand NZL/103 11/20/2020 01/19/2021 Specific single-use plastic items

Nicaragua NIC/156/Add.1 11/04/2020 Not given Steel bars and w ire for concrete reinforcement Road vehicles used for the transportation of dan- NGA/9 11/18/2020 01/17/2021 Nigeria gerous goods Nigeria NGA/10 11/18/2020 01/17/2021 Cross-border road transport management system Nigeria NGA/11 11/18/2020 01/17/2021 Vehicle test station evaluation - Code of practice Nigeria NGA/12 11/18/2020 01/17/2021 Definitions and classifications for w heeled vehicles,

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equipment and parts Nigeria NGA/13 11/18/2020 01/17/2021 Roadw orthiness of motor vehicles already in use Roadw orthiness of vehicles prior to entry into ser- NGA/14 11/18/2020 01/17/2021 Nigeria vice, and thereafter Supporting information for vehicle examiners and NGA/15 11/18/2020 01/17/2021 Nigeria test stations Requirements for selection and appointment of ve- NGA/16 11/18/2020 01/17/2021 Nigeria hicle examiners Selection and installation of testing equipment re- NGA/17 11/18/2020 01/17/2021 Nigeria quired to test the roadw orthiness of vehicles Information to aid vehicle examiners on roadw orthi- NGA/18 11/18/2020 01/17/2021 Nigeria ness Oman OMN/418 11/04/2020 01/03/2021 Food products in general (ready-to-eat-foods) Oman OMN/419 11/05/2020 01/04/2021 Metering systems Oman OMN/420 11/05/2020 01/04/2021 Metering systems Oman OMN/421 11/05/2020 01/04/2021 Metering systems Oman OMN/422 11/05/2020 01/04/2021 Food products in general (Food supplements) 2207.10.00.00: Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol. or higher; 2208.90.10.00: Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol.; Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol. or higher (HS 227010); Un- Peru PER/126 11/9/2020 01/29/2021 denatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol.; spirits and other spir- ituous beverages (excluding compound alcoholic preparations of a kind used for the manufacture of beverages, spirits obtained by distilling grape w ine or grape marc, w hiskies, rum and tafia, gin and Ge- neva, vodka and liqueurs) (HS 220890) Philippines PHL/246 11/24/2020 01/23/2021 Kerosene; Fuels Air conditioning machines comprising a motor- driven fan and elements for changing the temperature and humidity, incl. those machines in w hich the PHL/247 11/26/2020 01/25/2021 Philippines humidity cannot be separately regulated; parts thereof (HS 8415); Ventilators. Fans. Air-conditioners Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps; Philippines PHL/248 11/26/2020 01/25/2021 parts thereof (excl. air conditioning machines of heading 8415) (HS 8418); Domestic electrical appliances in general Philippines PHL/249 11/26/2020 01/25/2021 Domestic electrical appliances in general Lamps and lighting fittings, incl. searchlights and spotlights, and parts thereof, n.e.s; illuminated Philippines PHL/250 11/26/2020 01/25/2021 signs, illuminated nameplates and the like having a permanently fixed light source, and parts thereof, n.e.s (HS 9405); Lamps and related equipment Qatar QAT/577 11/04/2020 01/03/2021 Food products in general (ready-to-eat-foods) Qatar QAT/578 11/05/2020 01/04/2021 Food products in general (Food supplements)

Russian Federation RUS/107 11/02/2020 01/21/2021 Light industry products

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Russian Federation RUS/108 11/04/2020 01/25/2021 Furniture

Rw anda RWA/383 11/20/2020 01/19/2021 Starch and derived products

Rw anda RWA/384 11/20/2020 01/19/2021 Cheese

Rw anda RWA/385 11/20/2020 01/19/2021 Cereals, pulses and derived products

Rw anda RWA/386 11/20/2020 01/19/2021 Pharmaceutics in general

Rw anda RWA/387 11/20/2020 01/19/2021 Animal feeding stuffs

Rw anda RWA/388 11/20/2020 01/19/2021 Fertilizers

Rw anda RWA/389 11/20/2020 01/19/2021 Tea. Coffee. Cocoa

Rw anda RWA/390 11/20/2020 01/19/2021 Cereals, pulses and derived products

Rw anda RWA/391 11/20/2020 01/19/2021 Cereals, pulses and derived products

Rw anda RWA/392 11/20/2020 01/19/2021 Cereals, pulses and derived products

Rw anda RWA/393 11/20/2020 01/19/2021 Fertilizers

Rw anda RWA/394 11/20/2020 01/19/2021 Fertilizers

Rw anda RWA/395 11/20/2020 01/19/2021 Cereals, pulses and derived products (Groundnuts)

Rw anda RWA/396 11/20/2020 01/19/2021 Fruits. Vegetables (Peanuts)

Rw anda RWA/397 11/20/2020 01/19/2021 Cereals, pulses and derived products Livestock buildings, installations and equipment RWA/398 11/20/2020 01/19/2021 Rw anda (Milk collection centre) Fruits, vegetables and derived products in general RWA/399 11/20/2020 01/19/2021 Rw anda (Processed mushrooms) Fruits, vegetables and derived products in general RWA/400 11/20/2020 01/19/2021 Rw anda (Chillies) Fruits, vegetables and derived products in general RWA/401 11/20/2020 01/19/2021 Rw anda (Chillies)

Rw anda RWA/402 11/20/2020 01/19/2021 Storing. Warehousing (Potato collection centre)

Rw anda RWA/403 11/20/2020 01/19/2021 Plant grow ing (Silk cocoon production) Animal husbandry and breeding (Silk cocoon pro- RWA/404 11/20/2020 01/19/2021 Rw anda duction)

Rw anda RWA/405 11/20/2020 01/19/2021 Other animal produce (Silk cocoon production)

Rw anda RWA/406 11/20/2020 01/19/2021 Hospital equipment (Surgical clothing and drapes)

Rw anda RWA/407 11/20/2020 01/19/2021 Textile fibres in general (Ear buds)

Rw anda RWA/408 11/20/2020 01/19/2021 Hospital equipment (Hospital linen)

Rw anda RWA/409 11/20/2020 01/19/2021 Man-made fibres (Silk yarn) Mineral and metal fibres (Spun silk w oven fabric RWA/410 11/20/2020 01/19/2021 Rw anda and silk sheet) Cereals, pulses and derived products (Ready-to-eat RWA/411 11/20/2020 01/19/2021 Rw anda puffed cereals)

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

Rw anda RWA/412 11/20/2020 01/19/2021 Ice cream and ice confectionery Ice cream and ice confectionery (Macadamia but- RWA/413 11/20/2020 01/19/2021 Rw anda ter)

Rw anda RWA/414 11/20/2020 01/19/2021 Vegetables and derived products

Rw anda RWA/415 11/20/2020 01/19/2021 Fruits and derived products (Fruit ketchup) Agricultural tractors and trailed vehicles (Agricul- RWA/416 11/20/2020 01/19/2021 Rw anda tural trailer)

Rw anda RWA/417 11/20/2020 01/19/2021 Fertilizers

Rw anda RWA/418 11/23/2020 01/22/2021 Cereals, pulses and derived products

Saudi Arabia SAU/1160 11/04/2020 01/03/2021 Food products in general (ready-to-eat-foods)

Saudi Arabia SAU/1161 11/05/2020 01/04/2021 Food products in general (Food supplements) Receiving and transmitting equipment, Radio re- SAU/1162 11/16/2020 01/15/2021 Saudi Arabia ceivers HS 8443, 8471, 8472, 8504, 8517, 8518, 8519, 8521, 8523, 8523, 8526, 8527, 8528, 8529, 8531, 8543, 8544, 9108, 8421, 8422, 8443, 8450, 8501, SAU/1163 11/20/2020 01/19/2021 Saudi Arabia 8508, 8509, 8516, 8536, 8539, 8544, 9405, 8414, 8450, 8504, 8508, 8516, 8536 (Hazardous Sub- stances)

South Africa ZAF/241/Add.1 11/25/2020 Not given Coffee, Chicory and Related Products

South Africa ZAF/242/Add.1 11/25/2020 Not given Tea and related products HS codes 28, 29 (excluding 29.35, 29.36, 29.37, 29.39 and 29.40) and 38.08 (excluding 38.08.10.20, ESP/43 11/03/2020 01/02/2021 Spain 38.08.20.20 and 38.08.90.92) (Plant protection products) Chair mounted seat (HS/CCCN 9401.71.00.00-1B, 9401.79.00.00-3B, and 9401.80.00.00-0D); Seats, TPKM/427/Add. 11/03/2020 Not given w hether or not convertible into beds, and parts Taiw an Economy 1 thereof, n.e.s. (excl. medical, surgical, dental or veterinary of heading 9402) (HS 9401) Playpens for domestic use (HS/CCCN 9403.60.10.00.0-C, 9403.60.90.00.3-C, 9403.70.00.00.0-D); Wooden furniture (excl. for of- TPKM/438 11/06/2020 12/06/2020 Taiw an Economy fices, kitchens and bedrooms, and seats) (HS 940360); Furniture of plastics (excl. medical, dental, surgical or veterinary, and seats) (HS 940370) TPKM/425/Add. Exterior Tile Reference C.C.C. Code is under Chap- 11/10/2020 Not given Taiw an Economy 1 ter 6907 Flush urinals; Ceramic sinks, w ash basins, w ash TPKM/416/Add. basin pedestals, baths, bidets, w ater closet pans, 11/11/2020 Not given Taiw an Economy 1 flushing cisterns, urinals and similar sanitary fix- tures (HS 6910) Children's chairs and stools (HS/CCCN 9401.61.10.00.1A, 9401.61.90.00.4A, 9401.69.10.00.3A, 9401.69.90.00.6A, Taiw an Economy TPKM/439 11/13/2020 12/13/2020 9401.71.00.00.1D, 9401.79.00.00.3D, 9401.80.00.00.0F); - Other seats, w ith w ooden frames : (HS 94016); - Other seats, w ith metal frames : (HS 94017); Seats, n.e.s (HS 940180)

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Children's chairs and stools (HS/CCCN 9401.61.10.00.1A, 9401.61.90.00.4A, 9401.69.10.00.3A, 9401.69.90.00.6A, Taiw an Economy TPKM/439 11/13/2020 12/13/2020 9401.71.00.00.1D, 9401.79.00.00.3D, 9401.80.00.00.0F); - Other seats, w ith w ooden frames : (HS 94016); - Other seats, w ith metal frames : (HS 94017); Seats, n.e.s (HS 940180) Table mounted chairs (HS/CCCN 9401.71.00.00.1E, 9401.79.00.00.3E); Seats, Taiw an Economy TPKM/440 11/23/2020 12/23/2020 w hether or not convertible into beds, and parts thereof, n.e.s. (excl. medical, surgical, dental or veterinary of heading 9402) (HS 9401) Safety barriers (HS/CCCN 4421.91.00.00-3, 4421.99.00.90-6, 7308.90.90.00-7,7326.90.90.90- 6); Other articles of w ood, n.e.s (HS 4421); Struc- tures and parts of structures "e.g., bridges and bridge-sections, lock-gates, tow ers, lattice masts, roofs, roofing framew orks, doors and w indow s and Taiw an Economy TPKM/441 11/23/2020 12/23/2020 their frames and thresholds for doors, shutters, bal- ustrades, pillars and columns", of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel (excl. prefabricated buildings of heading 9406) (HS 7308); Articles of iron or steel, n.e.s. (excl. cast articles) (HS 7326) Condoms (4014.10.00.10;4014.10.00.90), Medical masks (6307.90.50.31); Sheath contraceptives, of Taiw an Economy TPKM/442 11/25/2020 01/24/2021 vulcanised rubber (excl. hard rubber) (HS 401410); Made-up articles of textile materials, incl. dress pat- terns, n.e.s (HS 630790) TPKM/419/Add. 11/30/2020 Not given Food ingredient to be used in food Taiw an Economy 1 Pork and Other Edible Parts of Pig for Directly Sup- Taiw an Economy TPKM/443 11/30/2020 Not given ply Food Served in Catering Place; MEAT AND ED- IBLE MEAT OFFAL (HS 02)

Taiw an Economy TPKM/444 11/30/2020 01/29/2021 Medical equipment Reference C.C.C Codes: 9403.20.00.00.1E, 9403.70.00.00.0G; Metal furniture (excl. for offices, seats and medical, surgical, dental or veterinary fur- TPKM/445 11/30/2020 12/30/2020 Taiw an Economy niture) (HS 940320); Furniture of plastics (excl. medical, dental, surgical or veterinary, and seats) (HS 940370)

Tanzania TZA/475 11/04/2020 12/03/2020 Kitchen equipment (Aluminum Cookw are)

Tanzania TZA/476 11/04/2020 12/03/2020 Kitchen equipment (Aluminum Cookw are)

Tanzania TZA/477 11/04/2020 12/03/2020 Kitchen equipment (Steel Cookw are) Materials and articles in contact w ith foodstuffs TZA/478 11/09/2020 01/08/2021 Tanzania (Polystyrene) Materials and articles in contact w ith foodstuffs TZA/479 11/09/2020 01/08/2021 Tanzania (Polyethylene Terephthalate (Pet) Bottles) Materials and articles in contact w ith foodstuffs TZA/480 11/09/2020 01/08/2021 Tanzania (Polyethylene (PE)) Spices and condiments. Food additives (Benzoic TZA/481 11/09/2020 01/08/2021 Tanzania acid and its salts)

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

Spices and condiments. Food additives (Propionic TZA/482 11/09/2020 01/08/2021 Tanzania acid and its salts) Spices and condiments. Food additives (Sorbic acid TZA/483 11/09/2020 01/08/2021 Tanzania and its salts)

Tanzania TZA/484 11/12/2020 01/11/2021 Meat and meat products (Minced meat)

Tanzania TZA/485 11/12/2020 01/11/2021 Meat and meat products (Bacon)

Tanzania TZA/486 11/12/2020 01/11/2021 Meat and meat products (Rabbit meat)

Tanzania TZA/487 11/12/2020 01/11/2021 Meat and meat products (Ham) Food products in general (Cassava maize compo- TZA/488 11/12/2020 01/11/2021 Tanzania site flour) Food products in general (Cassava millet composite TZA/489 11/12/2020 01/11/2021 Tanzania flour) Food products in general (Pre-cooked semi-dried TZA/490 11/12/2020 01/11/2021 Tanzania sw eet potato chips)

Tanzania TZA/491 11/12/2020 01/11/2021 Food products in general (Dried cassava pellets) Sugar. Sugar products. Starch (Stingless Bee TZA/492 11/12/2020 01/11/2021 Tanzania Honey)

Tanzania TZA/493 11/13/2020 01/12/2021 Beverages (Craft beer)

Tanzania TZA/493 11/13/2020 1/12/2021 Beverages (Craft beer)

Tanzania TZA/136/Rev.1 11/20/2020 Not given Draught beer

Tanzania TZA/139/Rev.1 11/20/2020 Not given Liqueurs

Tanzania TZA/494 11/20/2020 01/19/2021 Prepackaged and prepared foods (Cashew butter) OIL SEEDS AND OLEAGINOUS FRUITS; MIS- CELLANEOUS GRAINS, SEEDS AND FRUIT; IN- TZA/495 11/20/2020 01/19/2021 Tanzania DUSTRIAL OR MEDICINAL PLANTS; STRAW AND FODDER (HS 12) (Edible tallow )

Tanzania TZA/496 11/20/2020 01/19/2021 Edible oils and fats. Oilseeds (Edible Almond oil) Waters, incl. mineral w aters and aerated w aters, containing added sugar or other sw eetening matter Tanzania TZA/497 11/24/2020 01/23/2021 or flavoured, and other non-alcoholic beverages (excl. fruit or vegetable juices and milk) (HS 2202) (Fruit juices and nectars) Waters, incl. mineral w aters and aerated w aters, containing added sugar or other sw eetening matter Tanzania TZA/498 11/24/2020 01/23/2021 or flavoured, and other non-alcoholic beverages (excl. fruit or vegetable juices and milk) (HS 2202) (Non-carbonated non-alcoholic beverage) Waters, incl. mineral w aters and aerated w aters, containing added sugar or other sw eetening matter Tanzania TZA/499 11/24/2020 01/23/2021 or flavoured, and other non-alcoholic beverages (excl. fruit or vegetable juices and milk) (HS 2202) (Sugarcane juice) Waters, incl. mineral w aters and aerated w aters, containing added sugar or other sw eetening matter Tanzania TZA/500 11/24/2020 01/23/2021 or flavoured, and other non-alcoholic beverages (excl. fruit or vegetable juices and milk) (HS 2202) (Apple juice)

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

Waters, incl. mineral w aters and aerated w aters, containing added sugar or other sw eetening matter Tanzania TZA/501 11/24/2020 01/23/2021 or flavoured, and other non-alcoholic beverages (excl. fruit or vegetable juices and milk) (HS 2202) (Guava juice) Tomatoes, prepared or preserved otherw ise than by TZA/502 11/24/2020 01/23/2021 Tanzania vinegar or acetic acid (HS 2002) Waters, incl. mineral w aters and aerated w aters, containing added sugar or other sw eetening matter Tanzania TZA/503 11/24/2020 01/23/2021 or flavoured, and other non-alcoholic beverages (excl. fruit or vegetable juices and milk) (HS 2202) (Fruit drinks) The type 1, 2 and 3 hazardous substances (only for THA/582 11/03/2020 12/15/2020 Thailand the items under the FDA's responsibility) THA/496/Add.1/ 11/17/2020 Not given Electrical w ires and cables in general Thailand Corr.1

Thailand THA/583 11/17/2020 Not given Industrial products

Thailand THA/584 11/30/2020 12/20/2020 Herbal products Compostable and biodegradable food-contact, single-use tablew are, packaging, products and materi- Trinidad and Tobago TTO/126 11/05/2020 01/04/2021 als, inclusive of cutlery, plates, straw s, cups, and other disposable food and beverage containers and associated lids. Compostable and biodegradable food-contact, single-use tablew are, packaging, products and materi- Trinidad and Tobago TTO/126/Add.1 11/13/2020 Not given als, inclusive of cutlery, plates, straw s, cups, and other disposable food and beverage containers and associated lids. Compostable and biodegradable food-contact, single-use tablew are, packaging, products and materi- Trinidad and Tobago TTO/126/Add.1 11/13/2020 Not given als, inclusive of cutlery, plates, straw s, cups, and other disposable food and beverage containers and associated lids.

Turkey TUR/86/Add.1 11/04/2020 Not given Olive oil and olive pomace oil (HS 1509) Stay blocks, cable concrete cover; Tiles, flagstones, bricks and similar articles, of cement, concrete or UGA/1246 11/10/2020 01/09/2021 Uganda artificial stone (excl. building blocks and bricks) (HS 681019) Saturated bitumen felts (underlay), self-finished bi- Uganda UGA/1247 11/10/2020 01/09/2021 tumen felts; Bitumen and asphalt, natural; asphal- tites and asphaltic rocks (HS 271490) Polymer film; Plates, sheets, film, foil and strip, of non-cellular polymers of ethylene, not reinforced, laminated, supported or similarly combined w ith other materials, w ithout backing, unw orked or UGA/1248 11/10/2020 01/09/2021 Uganda merely surface-w orked or merely cut into squares or rectangles (excl. self-adhesive products, and floor, w all and ceiling coverings of heading 3918) (HS 392010) Polymer film; Plates, sheets, film, foil and strip, of non-cellular polymers of ethylene, not reinforced, UGA/1249 11/10/2020 01/09/2021 Uganda laminated, supported or similarly combined w ith other materials, w ithout backing, unw orked or

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

merely surface-w orked or merely cut into squares or rectangles (excl. self-adhesive products, and floor, w all and ceiling coverings of heading 3918) (HS 392010) Minced meat; Fresh or chilled bovine meat, bone- UGA/1250 11/10/2020 01/09/2021 Uganda less (HS 020130) Bacon; Frozen meat of sw ine (excl. carcases and Uganda UGA/1251 11/10/2020 01/09/2021 half-carcases, and hams, shoulders and cuts thereof, w ith bone in) (HS 020329) Ham; Frozen hams, shoulders and cuts thereof of UGA/1252 11/10/2020 01/09/2021 Uganda sw ine, w ith bone in (HS 020322) Rabbit meat; Fresh, chilled or frozen meat and edi- UGA/1253 11/10/2020 01/09/2021 Uganda ble offal of rabbits or hares (HS 020810) Cocoa beans, w hole or broken, raw or roasted (HS 1801); Cocoa shells, husks, skins and other cocoa w aste (HS 1802); Cocoa paste, w hether or not UGA/1254 11/11/2020 01/11/2021 Uganda defatted (HS 1803); Cocoa butter, fat and oil (HS 1804); Cocoa pow der, not containing added sugar or other sw eetening matter (HS 1805) Cocoa beans, w hole or broken, raw or roasted (HS 1801); Cocoa shells, husks, skins and other cocoa w aste (HS 1802); Cocoa paste, w hether or not UGA/1255 11/11/2020 01/11/2021 Uganda defatted (HS 1803); Cocoa butter, fat and oil (HS 1804); Cocoa pow der, not containing added sugar or other sw eetening matter (HS 1805) Live Animals (HS 01); Cocoa beans, w hole or broken, raw or roasted (HS 1801); Cocoa shells, husks, skins and other cocoa w aste (HS 1802); Co- Uganda UGA/1256 11/11/2020 01/21/2021 coa paste, w hether or not defatted (HS 1803); Co- coa butter, fat and oil (HS 1804); Cocoa pow der, not containing added sugar or other sw eetening matter (HS 1805) Mayonnaise; Dairy Produce; Birds' Eggs; Natural Honey; Edible Products of Animal Origin, Not Else- w here Specified or Included (HS 04); Preparations Uganda UGA/1257 11/12/2020 01/11/2021 for sauces and prepared sauces; mixed condiments and seasonings (excl. soya sauce, tomato ketchup and other tomato sauces, mustard, and mustard flour and meal) (HS 210390)

Ukraine UKR/166/Add.1 11/06/2020 Not given Organic products

Ukraine UKR/157/Add.1 11/13/2020 Not given Textile products Space heaters and combination heaters w ith a rated output = 70 kW, packages of space heater = Ukraine UKR/168/Add.1 11/13/2020 Not given 70 kW, temperature control and solar device and packages of combination heater = 70 kW, temperature control and solar device United Arab Emirates ARE/487 11/04/2020 01/03/2021 Food products in general (ready-to-eat-foods) United Arab Emirates ARE/488 11/05/2020 01/04/2021 Food products in general (Food supplements) United States USA/590/Rev.1 11/02/2020 Not given Mattresses, mattress pads (HS 9404) United States USA/1505/Add.2 11/02/2020 Not given Dishw ashers; Of the household type (HS 842211) United States USA/1515/Add.1 11/02/2020 Not given 4-series specification cylinders

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Final Date Member Notification Date Issued for Com- Merchandise Covered ments

United States USA/1666 11/02/2020 12/28/2020 Occupant crash protection, air bags United States USA/870/Add.1 11/05/2020 Not given Anthropomorphic test devices (HS 8703) United States USA/1667 11/05/2020 01/04/2021 Child restraint systems United States USA/970/Add.3 11/06/2020 Not given Portable air conditioners United States USA/1543/Add.1 11/06/2020 Not given Organics United States USA/1668 11/06/2020 12/07/2020 Hydrofluorocarbons United States USA/1669 11/06/2020 12/07/2020 Rechargeable lithium batteries United States USA/1670 11/17/2020 12/17/2020 Chemical substances United States USA/1663/Add.1 11/20/2020 Not given Marine pollution control devices United States USA/1671 11/20/2020 12/18/2020 Chemical substances United States USA/1672 11/20/2020 12/21/2020 Electric motor-driven mine equipment Lentils; Fresh or chilled leguminous vegetables, shelled or unshelled (excl. peas "Pisum sativum" United States USA/1654/Add.1 11/24/2020 Not given and beans "Vigna spp., Phaseolus spp.") (HS 070890); Dried, shelled lentils, w hether or not skinned or split (HS 071340) United States USA/1518/Add.1 11/27/2020 Not given Hazardous materials USA/1528/Add.1 11/27/2020 Not given Emissions United States /Corr.1 United States USA/1599/Add.2 11/27/2020 Not given Chemical data reporting

Yemen YEM/183 11/04/2020 01/03/2021 Food products in general (ready-to-eat-foods)

Yemen YEM/184 11/05/2020 01/04/2021 Food products in general (Food supplements)

CBSA ADVANCE RULINGS

The following table lists advance rulings posted by the Canada Border Services Agency (CBSA). In September of 2014, the CBSA 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.

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 mean- ingful 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 03-02-16 273073 Fish oil soft gel capsules 3004.90.00.50 [GIR 1, 6] 04-12-16 273467 Parts of Backpacks, Back Portion 6307.90.99.90 [GIR 1, 6] 04-12-16 273622 Tire valve stem caps 8481.90.00.10 [GIR 1, 6; Sec XVI n 2(b)] 04-23-16 273455 Ladies Woven Upper Garment, Q01-71274H 6208.92.00.10 [GIR 1, 6] 04-26-16 273858 Apparel Men’s Nylon Jkt Grey C002 P/N 2000015744 6210.40.90.90 [GIR 1, 6; Chap 59

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TRS Date Merchandise Tariff Classification and Basis Number

LN2(A)] 04-26-16 274338 Kinetic Foam 3407.00.10.00 [GIR 1, 6; EN 95.03 (b)] 05-03-16 274033 Vee Packing hi-tech seals, part number VP 02500873 4016.93.99.30 [GIR 1, 6; CR1; EN 84.84] 05-03-16 273982 Vee Packing hi-tech seals, part number VPT 03750872 3926.90.99.90 [GIR 1, 6; CR1; EN 84.84] 05-03-16 274046 Vee Packing hi-tech seals, part number VPV 0375087S1000 4016.93.99.30 [GIR 1, 6; EN 84.84] 6307.90.99.90 [GIR 1,6; Sec. XI LN 7(f); 05-17-16 273831 Duplex eye-eye w ebbing sling EN 63.07 (15)]

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 204,000 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 Due CBP Bulletin New Classification or Product(s) or Issue(s) Modified (M) or cation or Po- New Ruling (C) or Effectiv e (P) Proposed Position Rev oked (R) sition Date (E) (A) Action

PROPOSED REVOCATIONS/MODIFICATIONS Tariff classification and Remove citations to country of origin marking of HQ 561405 HQ H308208 HQ 561745 Cited rulings certain steel, iron, and alu- HQ H276962 HQ H308209 HQ 561710 M that have minum products to remove HQ H303867 HQ H308207 HQ 561744 been revoked (P) 11-11-20 citations to cases that have HQ H303868 HQ H308206 Findings and classifica- (C) 12-11-20 been rescinded tion are not affected Tariff classification of two- 8428.90.02 [GRI 1, 6; NY N008193 M 8425.41.00 HQ H312164 post vehicle lifts EN 8425, 8428] REVOCATIONS/MODIFICATIONS Tariff classification of a certain netw ork devices known NY N301462 M 8517.62.0020 HQ H304471 8517.62.0090 [GRI 1, 6] as access points (A) 11-04-20 Tariff classification of a cer- (E) 01-03-21 tain netw orking equipment NY N304478 R 8517.62.0020 HQ H307923 8517.62.0090 [GRI 1, 6] know n as powerline adapt- NY N300884 ers 6307.90.9889 [GRI 1, NY N293709 Tariff classification of textile 9403.89.6020 3(b); Sec. XI n 7, Chap. NY N295394 R HQ H206079 hanging shelves 9403.89.6015 94 n 2(a); Chap 94 EN; (A) 11-11-20 NY N298740 (E) 01-10-21 essential character.] Tariff classification of rigid NY N285560 M 9403.70.40 HQ H305292 4202.12.2120 [GRI 1;

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

plastic coolers NY N259674 9403.70.80 Chap 38 n 2(m); EN to NY N262814 Chap. 94, 9403; NY N263691 4202;HQ 085323 is also NY N276904 R GRI 3(b)] HQ 085323 3923.10.90 NY N024773 3924.10.40 Tariff classification of note- 4820.10.2060 [GRI 1, NY N306048 R 4820.10.4000 HQ H309572 books w ith gel pens 3(b), 6; ENs] 6307.90.98 [GRI 1, 6; HQ 966911 Tariff classification of ma- R 9019.10.2010 Sec. XI n 7; Chap. 59 n NY N051743 chine covers [disposable 7(b); Chap. 63 n 1] fleece covers for the HQ H308383 Danniflex (CPM 460) ma- Incorrect de- chine] HQ H283893 M scription of Description is corrected HQ 966911 HQ 952720 R 9018.90.50 9018.19.95 [GRI 1, 6] Tariff classification of digital NY 884125 (A) 11-18-20 HQ H304293 (E) 01-17-21 blood pressure monitors Delete ref. to “used in HQ 961998 M language professional setting”

EUROPEAN CLASSIFICATION REGULATIONS

The table below shows the Classification Regulations that were published in the Official Journal during the period covered by this International Trade Compliance Update.

Commission Im- Classification plementing Description of the goods Reasons (CN code) Regulation

A product, put up in a set for retail sale, 7323 93 00 Classification is determined by general rules 1, packed in a black cotton bag, consisting of 3(b) and 6 for the interpretation of the Combined tw o articles: Nomenclature, and by the w ording of CN codes — a stainless steel tube of circular cross- 7323 and 7323 93 00 . section w ith a length of approximately The component that gives the set its essential 21,5 cm and a diameter of approxi- character is the tube, that can be used as a reus- mately 0,5 cm. It has a number of able drinking straw even if not accompanied by notches to help ensure a firm grip. It is the brush. The brush, on the other hand, is only designed to be used as a reusable of ancillary nature. drinking straw ; The objective characteristics of the product (spe- (EU) 2020/1701 cific dimensions, shape, degree of processing, 10-11-20 — a tw isted stainless steel brush w ith a length of approximately 20,2 cm and a food safe material, presence of circumferential creases) make it identifiable as a finished product brush head made of nylon hair w ith a (drinking straw ) of heading 7323 diameter of 0,5 cm. The brush is designed to fit through the straw to clean Classification under heading 7304 or 7306 as it after use. tubes, pipes and hollow profiles is therefore ex- See image: cluded as the product is a specific finished article covered by another heading. Consequently, the product is to be classified under CN code 7323 93 00 as other household articles of stainless steel.

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Commission Im- Classification Description of the goods Reasons plementing (CN code) Regulation

Cable w inding system consisting of the fol- 8544 42 90 low ing components: Classification is determined by general rules 1 — a cable fitted w ith a connector (a plug) and 6 for the interpretation of the Combined No- at one end for a voltage not exceeding menclature, note 3 to Section XVI and by the 1 000 V; w ording of CN codes, 8544 , 8544 42 and — a plastic cable w inder equipped w ith a 8544 42 90 . spring operated retractable mechanism Classification under heading 8508 as parts of (including a brake system to stop the vacuum cleaners is excluded as based on its ob- w inding), a brass contact system for jective characteristics the article is not identifiable transmission of electric current and as being solely or principally suitable for a vac- plastic fittings. uum cleaner. (EU) 2020/1702 It is designed to be built into a vacuum The article is a composite machine (its compo- 10-11-20 cleaner. nents are fitted together to form a w hole) w ithin See images: the meaning of note 3 to Section XVI, consisting essentially of a cable fitted w ith a connector of heading 8544 and a w inder of heading 8479 . It is the cable that performs the principal function of the machine. The article is therefore to be classified under CN code 8544 42 90 as other electrical conductors, for a voltage not exceeding 1 000 V, fitted w ith connectors.

AMENDMENTS TO THE CN EXPLANATORY NOTES

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

Official Journal Page or CN code Description of Articles

Add text re: small bags consisting of sheeting of plastics w ith a closing system (for exam- 2020/C 383/07 p. 210 4202 ple, a zipper) designed for prolonged use.

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.

Inv. № Commodity Action

Certain Industrial Automation Systems and Com- ponents Thereof Including Control Systems, Con- Notice of Commission Determination to Issue a Corrected 337–TA–1074 trollers, Visualization Hardw are, Motion and Motor General Exclusion Order Control Systems, Netw orking Equipment, Safety

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Inv. № Commodity Action

Devices, and Pow er Supplies Commission Decision to Institute a Rescission Proceeding; Certain Digital Video Receivers and Related Hard- 337–TA–1103 Rescission of a Limited Exclusion Order and Cease and w are and Softw are Components Desist Orders; Termination of Rescission Proceeding Notice of Commission Determination to Issue a Corrected 337–TA–1142 Certain Pocket Lighters General Exclusion Order Certain Dental and Orthodontic Scanners and Soft- Commission’s Final Determination Finding No Violation of 337–TA–1144 w are Section 337; Termination of the Investigation Certain Toner Cartridges, Components Thereof, Issuance of a General Exclusion Order and Cease and De- 337–TA–1174 and Systems Containing Same sist Orders; Termination of Investigation Commission Determination Not to Review an Initial Deter- mination Granting a Motion for Partial Summary Determina- Certain Foldable Reusable Drinking Straw s and 337–TA–1183 tion and Finding a Violation of Section 337; Request for Components and Accessories Thereof Written Submissions on Remedy, the Public Interest, and Bonding Notice of Commission Determination Not to Review an Ini- Certain Vaporizer Cartridges and Components and 337–TA–1211 tial Determination Granting Complainant’s Motion For Accessories Thereof Leave to Amend the Complaint and Notice of Investigation Commission Determination not to Review an Initial Deter- Certain Height-Adjustable Desk Platforms and 337–TA–1214 mination Terminating the Investigation; Termination of the Components Thereof Investigation Commission Determination Not to Review an Initial Deter- mination Terminating the Investigation as to Respondents 337–TA–1217 Certain Blow ers and Components thereof East West Manufacturing, LLC and East West Industries Based on a Consent Order Stipulation; Issuance of Con- sent Order and Termination of the Investigation Notice of a Commission Determination Not to Review an Certain Active Matrix OLED Display Devices and Initial Determination Terminating the Investigation in Its En- 337–TA–1225 Components Thereof tirety Based on Withdraw al of the Complaint; Termination of the Investigation Institution of an Investigation based on a complaint filed on Certain Automated Storage and Retrieval Systems, behalf of AutoStore Technology AS of Norw ay; AutoStore 337–TA–1228 Robots, and Components Thereof AS of Norw ay; and AutoStore System Inc. alleging patent infringement Institution of an Investigation based on a complaint filed on Certain Furniture Products Finished w ith Decora- 337–TA–1229 behalf of Toppan Interamerica, Inc. alleging copyright in- tive Wood Grain Paper and Components Thereof fringement Certain Electric Shavers and Components and Ac- Institution of an Investigation based on a complaint filed on 337–TA–1230 cessories Thereof behalf of Skull Shaver, LLC alleging patent infringement

In addition to the above actions, the ITC has published notices indicating that it has received complaints filed on behalf of the following companies alleging violations of §337 with regard to the listed commodities and soliciting comments on any public interest issues raised by the complaints:

Ref. № Commodity Complaint filed on behalf of:

DN 3503 Certain Active Optical Cables and Products Containing the Same Cosemi Technologies, Inc. DN 3504 Certain Chocolate Milk Pow der and Packaging Thereof Meenaxi Enterprise Inc. DN 3506 Certain Sponge or Foam Products Abundant Freedom LLC Certain Radio Frequency Identification (“RFID”) Products, Com- DN 3507 Amtech Systems LLC ponents Thereof, and Products Containing the Same Certain Vehicle Control Systems, Vehicles Containing the Same, Jaguar Land Rover Limited and Jaguar Land DN 3508 and Components Thereof Rover North America, LLC

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Ref. № Commodity Complaint filed on behalf of:

d Certain Polycrystalline Diamond Compacts and Articles Con- DN 3509 US Synthetic Corporation taining Same

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 occasionally 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.

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

Case № Merchandise/Country Action

A–469–815 Finished Carbon Steel Flanges From Spain: Preliminary Results of ADD Administrative Review ; 2018-2019 C–489–834 Large Diameter Welded Pipe From Turkey Rescission of 2018-2019 CVD Administrative Review Preliminary Results of ADD Administrative Review and Partial A–580–874 Certain Steel Nails from S. Korea Rescission of ADD Administrative Review ; 2018-2019 C–570–978 High Pressure Steel Cylinders from China Rescission of CVD Administrative Review ; 2019 Preliminary Affirmative Determination of Sales at LTFV, Pre- liminary Affirmative Determination of Critical Circumstances, A–555–001 Mattresses from Cambodia Postponement of Final Determination, and Extension of Provi- sional Measures Preliminary Affirmative Determination of Sales at LTFV, Post- A–560–836 Mattresses from Indonesia ponement of Final Determination, and Extension of Provisional Measures Preliminary Affirmative Determination of Sales at LTFV, Post- A–557–818 Mattresses from Malaysia ponement of Final Determination, and Extension of Provisional Measures Preliminary Affirmative Determination of Sales at LTFV, Post- A–549–841 Mattresses from Thailand ponement of Final Determination, and Extension of Provisional Measures Preliminary Affirmative Determination of Sales at LTFV, Pre- liminary Negative Determination of Critical Circumstances, A–489–841 Mattresses from Turkey Postponement of Final Determination, and Extension of Provi- sional Measures Preliminary Affirmative Determination of Sales at LTFV, Pre- liminary Negative Determination of Critical Circumstances, A–801–002 Mattresses from Serbia Postponement of Final Determination, and Extension of Provi- sional Measures Preliminary Affirmative Determination of Sales at LTFV, Post- A–552–827 Mattresses from Vietnam ponement of Final Determination, and Extension of Provisional Measures A–428–850 A–588–880 Thermal Paper from Germany, Japan, S. Korea, Initiation of LTFV Investigations A–580–911 and Spain A–469–824 A–570–016 Certain Passenger Vehicle and Light Truck Tires Final Results of the Expedited First Sunset Review of the ADD

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

Case № Merchandise/Country Action

from China Order Final Results of the Expedited Third Sunset Review of the A–570–891 Hand Trucks and Certain Parts Thereof from China ADD Order Certain Cold-Draw n Mechanical Tubing of Carbon A–428–845 and Alloy Steel from the Federal Republic of Ger- Rescission of ADD Administrative Review : 2019-2020 many Notice of Final Results of ADD Changed Circumstances Re- A–533–840 Certain Frozen Warmw ater Shrimp from India view Prestressed Concrete Steel Wire Strand from Tur- Alignment of Final CVD Determination w ith Final LTFV Deter- C–489–843 key minations Notice of Court Decision Not in Harmony w ith the Final Results A–580–870 Certain Oil Country Tubular Goods from S. Korea in the ADD Administrative Review and Notice of Amended Fi- nal Results Circular Welded Non-Alloy Steel Pipe from S. Ko- A–580–809 Final Results of ADD Administrative Review ; 2017-2018 rea Final Results and Partial Rescission, of the 24th ADD Adminis- A–570–831 Fresh Garlic from China trative Review ; 2017-2018 A–201–844 Steel Concrete Reinforcing Bar from Mexico Final Results of ADD Administrative Review ; 2017-2018 A–560–835 Common Alloy Aluminum Sheet from Indonesia Postponement of Final Determinations of LTFV Investigations A–485–809 and Romania Certain Passenger Vehicle and Light Truck Tires Final Results of the Expedited First Sunset Review of the CVD C–570–017 from China Order Initiation and Preliminary Results of Changed Circumstances A–475–818 Certain Pasta from Italy Review C–570–991 Chlorinated Isocyanurates from China Final Results of CVD Administrative Review ; 2017 A–570–002 Chloropicrin from China Final Results of Sunset Review and Revocation of Order A–423–813 Citric Acid and Certain Citrate Salts from Belgium Preliminary Results of ADD Administrative Review ; 2018-2019 A–533–848 Commodity Matchbooks from India Continuation of AD and CVD Orders C–533–849 A–570–900 Diamond Saw blades and Parts Thereof from China Final Results of ADD Administrative Review ; 2017-2018 A–583–863 Forged Steel Fittings from Taiw an Rescission of ADD Administrative Review ; 2018-2019 A–560–826 Monosodium Glutamate from Indonesia and China Continuation of ADD Orders A–570–992 A–351–837 A–533–828 A–588–068 Prestressed Concrete Steel Wire Strand from Bra- A–580–852 Continuation of the ADD Finding/Orders and CVD Order zil, India, Japan, S. Korea, Mexico, and Thailand A–201–831 A–549–820 C–533–829 C–489–830 Steel Concrete Reinforcing Bar from Turkey Rescission of CVD Administrative Review ; 2019 Certain Vertical Shaft Engines Betw een 99cc and Postponement of Final Determination of Sales at LTFV Investi- A–570–124 Up to 225cc, and Parts Thereof, From China gation A–570–887 Tetrahydrofurfuryl Alcohol From China Continuation of ADD Order A–560–826 Monosodium Glutamate from Indonesia Final Results of ADD Administrative Review ; 2017-2018 Passenger Vehicle and Light Truck Tires from Vi- Preliminary Affirmative CVD Determination and Alignment of C–552–829 etnam Final Determination w ith Final ADD Determination Polyethylene Terephthalate Film, Sheet, and Strip A–520–803 Preliminary Results of ADD Administrative Review ; 2018-2019 from the United Arab Emirates A–588–854 Certain Tin Mill Products from Japan Rescission of ADD Administrative Review ; 2019-2020 A–570–943 Oil Country Tubular Goods from China Self-Initiation of Anti-Circumvention Inquiries on the ADD and

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

Case № Merchandise/Country Action

C–570–944 CVD Orders Carbon and Alloy Seamless Standard, Line and A–485–805 Rescission of ADD Administrative Review ; 2019-2020 Pressure Pipe (Under 4.5 Inches) from Romania A–570–022 Affirmative Preliminary Determinations of Circumvention of the Certain Uncoated Paper from China C–570–023 AD and CVD Orders for Uncoated Paper Rolls A–301–803 Citric Acid and Certain Citrate Salts from Colombia Final Results of ADD Administrative Review ; 2018-2019 C–570–068 Forged Steel Fittings from China Preliminary Results of CVD Administrative Review ; 2018 A–489–833 Large Diameter Welded Pipe from Turkey Rescission of 2018-2020 ADD Administrative Review C–533–898 Utility Scale Wind Tow ers from India and Malaysia Initiation of CVD Investigations C–557–822 A–533–897 Utility Scale Wind Tow ers from India, Malaysia, A–557–821 Initiation of LTFV Investigations and Spain A–469–823 Seamless Refined Copper Pipe and Tube from Vi- Postponement of Preliminary Determination in the LTFV Inves- A–552–831 etnam tigation Postponement of Preliminary Determination in the LTFV Inves- A–201–853 Standard Steel Welded Wire Mesh from Mexico tigation Preliminary Affirmative Determination of Sales at LTFV, Pre- Prestressed Concrete Steel Wire Strand from Indo- liminary Affirmative Determination of Critical Circumstances, in A–560–837 nesia Part, Postponement of Final Determination, and Extension of Provisional Measures Preliminary Affirmative Determination of Sales at LTFV, Pre- liminary Negative Determination of Critical Circumstances, A–475–843 Prestressed Concrete Steel Wire Strand from Italy Postponement of Final Determination, and Extension of Provi- sional Measures Preliminary Affirmative Determination of Sales at LTFV, Post- Prestressed Concrete Steel Wire Strand from Ma- A–557–819 ponement of Final Determination, and Extension of Provisional laysia Measures Preliminary Affirmative Determination of Sales at LTFV, Post- Prestressed Concrete Steel Wire Strand from A–791–826 ponement of Final Determination, and Extension of Provisional South Africa Measures Preliminary Affirmative Determination of Sales at LTFV, Pre- Prestressed Concrete Steel Wire Strand from liminary Negative Determination of Critical Circumstances, A–469–821 Spain Postponement of Final Determination, and Extension of Provi- sional Measures Preliminary Affirmative Determination of Sales at LTFV, Post- Prestressed Concrete Steel Wire Strand from Tuni- A–723–001 ponement of Final Determination, and Extension of Provisional sia Measures Preliminary Affirmative Determination of Sales at LTFV and Prestressed Concrete Steel Wire Strand from Preliminary Negative Determination of Critical Circumstances, A–823–817 Ukraine Postponement of Final Determination, and Extension of Provi- sional Measures A–580–909 Seamless Carbon and Alloy Steel Standard, Line, Postponement of Preliminary Determinations in the LTFV In- A–821–826 and Pressure Pipe From S. Korea, the Russian vestigations A–823–819 Federation, and Ukraine Initiation and Preliminary Results of ADD Changed Circum- A–570–900 Diamond Saw blades and Parts Thereof from China stances Review Postponement of Preliminary Determination in the LTFV Inves- A–557–820 Silicon Metal from Malaysia tigation Certain Corrosion-Resistant Steel Products from Preliminary Results of ADD Administrative Review and Prelimi- A–583–856 Taiw an nary Determination of No Shipments; 2018-2019 Certain Corrosion-Resistant Steel Products from S. C–580–879 Preliminary Results of CVD Administrative Review ; 2018 Korea

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

Case № Merchandise/Country Action

Preliminary Results of ADD Administrative Review and Prelimi- A–475–818 Certain Pasta from Italy nary Determination of No Shipments; 2018-2019 Preliminary Results of ADD Administrative Review and Prelimi- A–557–816 Certain Steel Nails from Malaysia nary Determination of No Shipments; 2018-2019 A–553–875 Fine Denier Polyester Staple Fiber from India Preliminary Results of ADD Administrative Review ; 2018-2019 Polyethylene Terephthalate Film, Sheet, and Strip Preliminary Results and Partial Rescission of ADD Administra- A–533–824 from India tive Review ; 2018-2019 Polyethylene Terephthalate Film, Sheet, and Strip Preliminary Results and Partial Rescission of CVD Administra- C–533–825 from India tive Review ; 2018 Polyethylene Terephthalate Film, Sheet, and Strip Preliminary Results of ADD Administrative Review and Prelimi- A–583–837 from Taiw an nary Determination of No Shipments; 2018-2019 Welded Carbon Steel Standard Pipes and Tubes A–533–502 Rescission of ADD Administrative Review 2019-2020 from India Preliminary Results of the ADD Administrative Review , and A–570–985 Xanthan Gum from China Partial Rescission; 2018-2019 A–560–838 A–557–823 Polyester Textured Yarn from Indonesia, Malaysia, Initiation of LTFV Investigations A–549–843 Thailand, and Vietnam A–552–832 Final Results of ADD Administrative Review and Final Deter- A–570–814 Certain Carbon Butt-Weld Pipe Fittings from China mination of No Shipments; 2018-2019 Certain Corrosion-Resistant Steel Products from S. Preliminary Results and Partial Rescission of ADD Administra- A–580–878 Korea tive Review ; 2018-2019 A–588–873 Cold-Rolled Steel Flat Products from Japan Rescission of ADD Administrative Review ; 2019-2020 A–533–810 Stainless Steel Bar from India Final Results of ADD Administrative Review ; 2018-2019 Preliminary Results of ADD Administrative Review and Prelimi- A–489–829 Steel Concrete Reinforcing Bar from Turkey nary Determination of No-Shipments; 2018-2019 Preliminary Determination of No Shipments in the ADD Admin- A–570–026 Corrosion-Resistant Steel Products from China istrative Review and Rescission, in Part; 2018-2019 C–570–027 Corrosion-Resistant Steel Products from China Rescission of Countervailing Duty Administrative Review ; 2018 Final Results of ADD Administrative Review and Final Deter- A–583–854 Certain Steel Nails from Taiw an mination of No Shipments; 2018-2019 Final Results and Partial Rescission of CVD Administrative C–570–971 Multilayered Wood Flooring from China Review ; 2017 A–122–857 Certain Softw ood Lumber Products from Canada Final Results of ADD Administrative Review ; 2017-2018 C–714–001 Phosphate Fertilizers from Morocco Preliminary Affirmative CVD Determination C–821–825 Phosphate Fertilizers from the Russian Federation Preliminary Affirmative CVD Determination Tapered Roller Bearings and Parts Thereof, Fin- Rescission, in Part, of ADD Administrative Review ; 2019 - A–570–601 ished and Unfinished, from China 2020 A–580–876 Welded Line Pipe from S. Korea Final Results of ADD Administrative Review ; 2017-2018

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

Cut-to-Length Carbon Steel Plate From 731–TA–753, 754, 756 [FOURTH REVIEW] Institution of Five-Year Review s China, Russia, and Ukraine 701–TA–526 Melamine From China [REVIEW] Institution of Five-Year Review s 731–TA–1262 701–TA–473 Potassium Phosphate Salts From China [SECOND REVIEW] Institution of Five-Year Review s

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United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

731–TA–1173 [THIRD REVIEW] Determination that revocation of the ADD or- 731–TA–1046 Tetrahydrofurfuryl Alcohol From China der w ould be likely to lead to continuation or recurrence of material injury 701–TA–525 Welded Line Pipe From Korea and Tur- [REVIEW] Institution of Five-Year Review s 731–TA–1260-1261 key [SECOND REVIEW] Determinations that revocation of the AD 701–TA–459 Commodity Matchbooks from India and CVD orders w ould be likely to lead to continuation or re- 731–TA–1155 currence of material injury Polyester Textured Yarn from Indonesia, [PRELIMINARY] Institution of ADD Investigations and Schedul- 731–TA–1550-1553 Malaysia, Thailand, and Vietnam ing of Preliminary Phase Investigations [TA: THIRD REVIEW; AA: FIFTH REVIEW] Determinations that rev- 701–TA–432 Prestressed Concrete Steel Wire Strand ocation of the CVD and ADD orders as w ell as the ADD find- 731–TA–1024-1028 from Brazil, India, Japan, Korea, Mexico, ing w ould be likely to lead to continuation or recurrence of AA1921-188 and Thailand material injury to an industry [FINAL] Determination , that an industry in the United States is 731–TA–1462 Glass Containers from China not materially injured or threatened w ith material injury 731–TA–130 Chloropicrin from China [FIFTH REVIEW] Termination of Five-Year Review Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Ger- 701–TA–639-642 many, Greece, India, Indonesia, Italy, [FINAL] Scheduling of the Final Phase of CVD and ADD Inves- 731–TA–1475-1492 Korea, Oman, Romania, Serbia, Slove- tigations nia, South Africa, Spain, Taiw an, and Turkey [PRELIMINARY] Determinations that ), that there is a reasonable indication that an industry in the United States is materi- 701–TA–658-659 Aluminum Foil from Armenia, Brazil, ally injured d by reason of imports that are alleged to be sold 731–TA–1538-1642 Oman, Russia, and Turkey in the United States at LTFV and imports that are allegedly subsidized by the governments of Oman and Turkey 701–TA–456 Citric Acid and Certain Citrate Salts from [SECOND REVIEW] Scheduling of Expedited Five-Year Review s 731–TA–1152 China [THIRD REVIEW] Determination that revocation of the AD duty Certain Frozen Fish Fillets From order w ould be likely to lead to continuation or recurrence of 731–TA–1012 Vietnam material injury to an industry in the United States w ithin a rea- sonably foreseeable time. Mattresses from Cambodia, China, Indo- 701–TA–645 [FINAL] Scheduling of the final phase of CVD and ADD investi- nesia, Malaysia, Serbia, Thailand, Tur- 731–TA–1495-1501 gations key, and Vietnam 701–TA–643 [FINAL] Scheduling of the Final Phase of CV and ADD Investi- Small Vertical Shaft Engines from China 731–TA–1493 gations [SECOND REVIEW] Determination that revocation of the CV and 701–TA–463 Oil Country Tubular Goods from China ADD orders w ould be likely to lead to continuation or recur- 731–TA–1159 rence of material injury to an industry in the United States [PRELIMINARY] Determination that there is a reasonable indica- Thermal Paper from Germany, Japan, tion that industries in the United States are materially injured 731–TA–1546-1549 Korea, and Spain by reason of subject imports, that are alleged to be sold in the United States at less than fair value (“LTFV”).2

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Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

Hot-rolled Carbon Steel Plate and High- RR-2019-004 strength Low -alloy Steel Plate originating Continuation of Order in or exported from Ukraine Safeguards Report [for Inquiry into and Reporting on, the Matter of GC-2018-001-E3 Certain Steel Goods the Exclusion of Certain Steel Goods from the Order Imposing a Surtax on the Importation of Certain Steel Goods] Findings that the dumping of the mentioned goods, originating in or Corrosion-resistant Steel Sheet originat- exported from Turkey and Vietnam, and the subsidizing of the NQ-2019-002 ing in or exported from Turkey, the mentioned goods, originating in or exported from Turkey have United Arab Emirates, and Vietnam caused injury to the domestic industry (w ith certain exclusions) Certain Concrete Reinforcing Bar originating in or exported from Algeria, Egypt, PI-2020-004 Preliminary Determination of Injury Indonesia, Italy, Malaysia, Singapore and Vietnam,

Canada Border Services Agency (CBSA)

Ref. Number Merchandise/Country Action

Wheat gluten from Australia, Austria, Belgium, WG 2020 IN Notice of extension of investigation France, Germany and Lithuania Dumping and Subsidizing: Certain decorative DONP 2020 IN and other non‑structural plyw ood originating in Statement of Reasons—Preliminary determinations or exported from China

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action

Galvanized mesh or cloth of carbon steel Final Resolution of the administrative procedure for the examina- EC 15/19 w ire, in the form of a grid, originating in China tion of the validity of the ADD Resolution – Final review of the Commitment assumed by a spe- 20/18 Cold rolled sheet originating in S. Korea cific company Resolution declaring the beginning of the administrative proce- EC 28/20 Seamless steel pipe originating in Japan dure to examine the validity of the ADD imposed

European Union

Reference Merchandise/Country Action

Certain graphite electrode systems origi- Commission Implementing Decision terminating the partial interim (EU) 2020/1605 nating in India review of the AD and CV measures Certain hot rolled stainless steel sheets Commission Implementing Decision (EU) 2020/1653 terminating (EU) 2020/1653 and coils originating in China and Indo- the anti-subsidy proceeding nesia Cold-rolled flat steel products originating 2020/C 389/04 Notice of the impending expiry of certain AD measures 5.8.2021 in or exported from China and Russia Certain steel products subject to safe- Amending certain Regulations imposing AD or anti-subsidy (EU) 2020/1713 guards measures

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Australian Anti-Dumping Commission

Ref. № Case № Merchandise/Country Action

Steel reinforcing bar from Korea, Singapore, 2020/111 546 Findings in relation to Continuation Inquiry Spain, Taiw an 2020/117 520 Grinding balls from China Findings in relation to Review 520 2020/122 522 Aluminium zinc coated steel from China Extension of time to issue SEF and Final Report Zinc coated (galvanised) steel from China, India, 2020/122 521 Extension of time to issue SEF and Final Report Korea, Malaysia, Taiw an, Vietnam 2020/123 554 Concrete underlay film from Malaysia Extension of time to issue SEF and Final Report 2020/124 557 Copper tube from China, Korea Extension of time to issue SEF and Final Report Pineapple fruit, consumer / FSI from Philippines, 2020/125 Expiry of Measures Thailand 2020/126 Clear float glass from China, Indonesia, Thailand Expiry of Measures Precision pipe and tube steel from China, Korea, 2020/127 550 Extension of time to issue SEF and Final Report Taiw an, Vietnam A4 copy paper from Brazil, China, Indonesia, Thai- 2020/128 551 Extension of time to publish SEF and Final Report land 2020/129 527 Resealable can end closures from Malaysia Extension of time to issue final report 2020/130 540 Aluminium extrusions (mill finish) from Malaysia Extension of time to issue SEF and Final Report Aluminium extrusions (surface finished) from Ma- 2020/131 541 Extension of time to issue SEF and Final Report laysia 2020/132 544 Aluminium extrusions from Malaysia, Vietnam Extension of time to issue SEF and Final Report 2020/133 562 Rod in coil from China Extension of time to issue SEF and Final Report 2020/134 548 Kraft paperboard from the USA Extension of time to issue SEF and Final Report 2020/135 Various Monthly Status Report - October 2020 2020/138 552 A4 copy paper from China Extension of time to publish SEF and Final Report

China Ministry of Commerce (MOFCOM)

Ref. № Merchandise/Country Action

MOFCOM 59, 2020 Wines originating in Australia Preliminary ruling on the AD investigation

Government of India Ministry of Finance (Department of Revenue)

Notification № Merchandise/Country Action

34/2020-Cus (ADD) Carbon Black used in rubber applications originating Extends ADD upto 31 December, 2020 09-11-20 in or exported from China PR and Russia Woven Fabric (having more than 50% Flax content) 35/2020-Cus (ADD) commonly know n as Flax Fabric originating in or ex- Imposes ADD for a period of five years 10-11-20 ported from China PR and Hong Kong 36/2020-Cus (ADD) Revokes ADD imposed and rescinds notification Acrylic Fibre originating in or exported from Thailand 11-11-20 imposing ADD 37/2020-Cus (ADD) Clear Float Glass originating in or exported from Ma- Imposes ADD for a period of five years 11-11-20 laysia 38/2020-Cus (ADD) Phthalic Anhydride originating in or exported from Ja- Extends ADD upto 31 January, 2021 19-11-20 pan and Russia Fully Draw n or Fully Oriented Yarn/Spin Draw n 39/2020-Cus (ADD) Yarn/Flat Yarn of Polyester originating in or exported Extends ADD upto 31 December, 2020 26-11-20 from China PR & Thailand 40/2020-Cus (ADD) Fluoroelastomers (FKM) originating in or exported Pursuant to Sunset review imposes ADD for a pe- 27-11-20 from China PR riod of five years

International Trade Compliance Update | December 2020 104 8506079-v3\WASDMS Baker McKenzie

Government of India Ministry of Finance (Department of Revenue)

Notification № Merchandise/Country Action

Front Axle Beam and Steering Knuckles meant for 41/2020-Cus (ADD) heavy and medium commercial vehicles originating Extends ADD upto 31 January, 2021 27-11-20 in or exported from China PR

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

File № and Date Merchandise/Country Action

INITIATIONS No Initiation Notification issued by the DGTR ORAL HEARINGS Flat Rolled Products of Stainless Steel originating in 6/12/2019-DGTR or exported from China PR, Korea RP, European Un- Schedules oral hearing in AD Investigation on 6 02-11-2020 ion, Japan, Taiw an, Indonesia, the USA, Thailand, November, 2020 South Africa, UAE, Hong Kong, Singapore, Mexico, Vietnam and Malaysia Toluene Di-Isocyanate originating in or exported from 6/43/2019-DGTR Schedules oral hearing in AD Investigation on 9 European Union, Saudi Arabia, Chinese Taipei and 02-11-2020 November, 2020 United Arab Emirates Plain Medium Density Fibre Board originating in or 7/6/2020-DGTR Schedules oral hearing in Sunset Review of ADD exported from China PR, Malaysia, New Zealand, 06-11-2020 imposed on 11 November, 2020 Thailand and Sri Lanka. 7/11/2020-DGTR Phthalic Anhydride (PAN) originating in or exported Schedules oral hearing in Sunset Review of ADD 06-11-2020 from Japan and Russia imposed on 11 November, 2020 Front Axle Beam and Steering Knuckles meant for 7/26/2020-DGTR Schedules oral hearing in Sunset Review of ADD heavy and medium commercial vehicles originating 10-11-2020 imposed on 11 November, 2020 in or exported from China PR 6/32/2019-DGTR 1-Phenyl-3-Methyl-5-Pyrazolone originating in or ex- Schedules oral hearing in AD Investigation on 13 12-11-2020 ported from China PR November, 2020 6/37/2019-DGTR Dimethyl Formamide (DMF) originating in or ex- Schedules oral hearing in AD Investigation on 16 12-11-2020 ported from China PR and Saudi Arabia November, 2020 6/39/2019 –DGTR Soda Ash originating in or exported from Turkey and Schedules oral hearing in AD Investigation on 16 12-11-2020 the USA November, 2020 7/32/2020-DGTR Schedules oral hearing in Sunset Review of ADD Melamine originating in or exported from China PR 12-11-2020 imposed on 16 November, 2020 6/38/2019 –DGTR Schedules oral hearing in Anti-Subsidy Investiga- Soda Ash originating in or exported from Turkey 17-11-2020 tion on 23 November, 2020 Polytetrafluoroethylene (PTFE) originating in or ex- 7/22/2020-DGTR ported from Russia being circumvented by w ay of im- Schedules oral hearing in Anti-Circumvention In- 18-11-2020 ports of Polytetrafluoroethylene from Korea RP and vestigation on 4 December, 2020 Polytetrafluoroethylene originating in or exported from China PR (O.I.) - 17/2019 Polyethylene Terephthalate (PET Resin) originating Schedules oral hearing in AD Investigation on 4 25-11-2020 in or exported from China PR December, 2020

6/16/2019-DGTR Flat Products of Stainless Steel originating in or ex- Schedules oral hearing in Anti-Subsidy Investiga- 27-11-2020 ported from Indonesia tion on 8 December, 2020

6/40/2019-DGTR New sprint in rolls or sheets, excluding glazed new s- Schedules oral hearing in AD Investigation on 4 27-11-2020 print originating in or exported from Australia, Can- December, 2020

International Trade Compliance Update | December 2020 105 8506079-v3\WASDMS Baker McKenzie

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

File № and Date Merchandise/Country Action

ada, European Union, Hong Kong, Russia, Singa- pore and United Arab Emirates 6/41/2019-DGTR Viscose Spun Yarn originating in or exported from Schedules oral hearing in AD Investigation on 7 27-11-2020 China PR, Indonesia and Vietnam December, 2020 FINAL FINDINGS 7/9/2020-DGTR Fully Draw n or Fully Oriented Yarn/ Spin Draw n Final Findings issued in Sunset Review of ADD im- 23-11-2020 Yarn/ Flat Yarn of Polyester originating in or exported posed from China PR and Thailand 07/02/2020-DGTR Final Findings issued in Sunset Review of ADD im- 26-11-2020 posed Float Glass originating in or exported from China PR 07/04/2020-DGTR Final Findings issued in Mid-Term Review of ADD 26-11-2020 imposed New pneumatic radial tyres of rubber for buses and 6/30/2019-DGTR lorries, w ith or w ithout tubes and/ or flaps originating Final Findings issued in AD Investigation 27-11-2020 or exported from Thailand OTHERS Time for completing Safeguard (Quantitative Re- 22/6/2019-DGTR Isopropyl Alcohol imported into India strictions) Investigation extended by the Central 02-11-2020 Government until 2 February, 2021 Viscose Rayon Filament Yarn above 60 deniers orig- Notifies registered interested parties in Anti-Sub- 03-11-2020 inating in and exported from China PR sidy Investigation 6/31/2020-DGTR Silicone Sealants originating in or exported from Time for filing questionnaire response in AD Inves- 03-11-2020 China PR tigation extended until 3 December, 2020 6/45/2020-DGTR Calcined Gypsum Pow der originating in or exported Time for filing questionnaire response in AD Inves- 03-11-2020 from Iran, Oman, Saudi Arabia and UAE tigation extended until 5 December, 2020 Time for filing questionnaire response in Sunset 7/34/2020-DGTR Glass Fibre and articles thereof originating in or ex- Review of ADD imposed extended until 27 Novem- 03-11-2020 ported from China PR ber, 2020 6/38/2020-DGTR Decor Paper originating in or exported from China Time for filing questionnaire response in AD Inves- 04-11-2020 PR tigation extended until 4 December, 2020 6/39/2020-DGTR Caprolactam originating in and exported from Euro- Time for filing questionnaire response in AD Inves- 05-11-2020 pean Union, Korea RP, Russia and Thailand tigation extended until 4 December, 2020 Cold Rolled Flat Products of Stainless Steel of w idth 600 mm to 1250 mm and above 1250 mm of non bo- Time for filing questionnaire response in Sunset 7/18/2020-DGTR nafide usage originating in or exported from China Review of ADD imposed extended until 16 Novem- 05-11-2020 PR, Korea RP, European Union, South Africa, Tai- ber, 2020 w an, Thailand and the USA Time for filing questionnaire response in Anti-Cir- 7/36/2020-DGTR Measuring Tapes originating in or exported from cumvention Investigation extended until 1 Decem- 05-11-2020 China PR ber, 2020 Time for filing questionnaire response in Sunset 7/40/2020-DGTR Methyl Acetoacetate originating in or exported from Review of ADD imposed extended until 5 Decem- 05-11-2020 China PR ber, 2020 6/28/2020-DGTR Aceto Acetyl Derivatives also know n as Arylides orig- Time for filing questionnaire response in AD Inves- 06-11-2020 inating in or exported from China PR tigation extended until 25 November, 2020 6/32/2020-DGTR Time for filing questionnaire response in AD Inves- Vitamin C originating in or exported from China PR 06-11-2020 tigation extended until 27 November, 2020 Acrylonitrile Butadiene Rubber originating in or exported from China PR, European Union, Japan and Notifies registered interested parties in AD Investi- 09-11-2020 Russia gation

International Trade Compliance Update | December 2020 106 8506079-v3\WASDMS Baker McKenzie

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

File № and Date Merchandise/Country Action

Notifies registered interested parties in Sunset Re- view of ADD imposed and directs interested par- 7/32/2020 -DGTR Melamine originating in or exported from China PR ties to email Non-Confidential Version of submis- 09-11-2020 sions filed and future submissions to other interested parties w ith copy to the Investigation Team 6/27/2020-DGTR Certain Flat Rolled Products of Aluminium originating Time for filing questionnaire response in AD Inves- 10-11-2020 in or exported from China PR tigation extended until 6 December, 2020 6/40/2020-DGTR Untreated Fumed Silica originating in or exported Time for filing questionnaire response in AD Inves- 10-11-2020 from China PR and Korea RP tigation extended until 2 December, 2020 6/20/2020-DGTR Rubber Chemical PX-13 originating in or exported Preliminary Findings issued in AD Investigation 11-11-2020 from China PR, Korea RP and the USA Notifies registered interested parties in Anti-Sub- sidy Investigation and directs interested parties to 6/38/2019-DGTR Soda Ash originating in or exported from Turkey email Non-Confidential Version of submissions 11-11-2020 filed and future submissions to other interested parties w ith copy to the Investigation Team Normal Butanol originating in or exported from Euro- Time for filing questionnaire response in Sunset 7/29/2020-DGTR pean Union, Malaysia, Singapore, South Africa and Review of ADD imposed extended until 24 Novem- 11-11-2020 the USA ber, 2020

Cold Rolled Flat Products of Stainless Steel of w idth Notifies final Product Control Number (PCN) meth- 7/18/2020-DGTR 600 mm to 1250 mm and above 1250 mm of non bo- odology in Sunset Review of ADD imposed and di- 11-11-2020 nafide usage originating in or exported from China rects interested parties to file questionnaire re- PR, Korea RP, European Union, South Africa, Tai- sponses along w ith PCN w ise information by 16 w an, Thailand and the USA November, 2020 Isononanol (INA) originating in or exported from Eu- ropean Union and Singapore 14/22/2016-DGAD 2-Propylheptyl Alcohol (2- pH) originating in or ex- 11-11-2020 Terminates AD Investigation ported from European Union

2-Ethyl Hexanol (2-EH) originating in or exported from Saudi Arabia and Singapore Notifies registered interested parties in Sunset Re- view of ADD imposed and directs interested par- 7/28/2020-DGTR ties to email Non-Confidential Version of submis- 13-11-2020 2-Ethyl Hexanol originating in or exported from Euro- pean Union, Indonesia, Korea RP, Malaysia, Taiw an sions filed and future submissions to other inter- and the USA ested parties w ith copy to the Investigation Team Notifies revised list of registered interested parties 17-11-2020 in Sunset Review of AD imposed Persulphates originating in or exported from China 6/25/2020-DGTR Time for filing questionnaire response in AD Inves- PR and the USA 17-11-2020 tigation extended until 10 December, 2020

6/33/2020-DGTR Hydrofluorocarbons (HFC) component R-32 originat- Time for filing questionnaire response in AD Inves- 17-11-2020 ing in or exported from China PR tigation extended until 13 December, 2020 6/46/2020-DGTR Ceftriaxone Sodium Sterile originating in or exported Time for filing questionnaire response in AD Inves- 17-11-2020 from China PR tigation extended until 11 December, 2020 Notifies revised list of registered interested parties 17-11-2020 Soda Ash originating in or exported from Turkey in Anti-Subsidy Investigation Polyester Yarn (Polyester Spun Yarn) originating in 18-11-2020 Notifies registered interested parties in AD Investi- or exported from China PR, Indonesia, Nepal and Vi- gation etnam Low Density Polyethylene (LDPE) originating in or 6/30/2020-DGTR Time for filing questionnaire response in AD Inves- exported from Qatar, Saudi Arabia, Singapore, Thai- 19-11-2020 tigation extended until 27 December, 2020 land, United Arab Emirates and the USA

International Trade Compliance Update | December 2020 107 8506079-v3\WASDMS Baker McKenzie

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

File № and Date Merchandise/Country Action

Notifies registered interested parties in AD Investi- gation and directs interested parties to email Non- 6/24/2020-DGTR Glass Fibre and articles thereof originating in or ex- Confidential Version of submissions filed and fu- 20-11-2020 ported from Bahrain and Egypt ture submissions to other interested parties w ith copy to the Investigation Team 6/29/2019- DGTR Mono Ethylene Glycol originating in or exported from Terminates AD Investigation 20-11-2020 Kuw ait, Oman, Singapore and United Arab Emirates Coated/Plated Tin Mill Flat Rolled Steel Products, Office Memorandum regarding Central Govern- 354/78/2020-TRU originating in or exported from the European Union, ment’s decision not to impose ADD proposed in 20-11-2020 Japan, the USA and Korea RP the Final Findings Aluminium Wire/ Wire Rods above 7 mm dia originat- Notifies registered interested parties in Anti-Sub- 23-11-2020 ing in or exported from Malaysia sidy Investigation Time for filing questionnaire response in Anti-Sub- 4/10/2020-DGTR Copper Tubes and Pipes originating in or exported sidy Investigation extended until 10 December, 25-11-2020 from Malaysia, Thailand and Vietnam 2020 Notifies registered interested parties in Bilateral Safeguard Investigation and directs interested par- 22/6/2020-DGTR ties to email Non-Confidential Version of submis- 25-11-2020 sions filed and future submissions to other inter- PVC Suspension Grade Resin imported into India ested parties w ith copy to the Investigation Team from Japan under India-Japan Comprehensive Eco- nomic Partnership Agreement (Bilateral Safeguard Notifies revised list of registered interested parties Measures) Rules, 2017 in Bilateral Safeguard Investigation and directs in- 22/6/2020-DGTR terested parties to email Non-Confidential Version 26-11-2020 of submissions filed and future submissions to other interested parties w ith copy to the Investiga- tion Team Notifies final Product Control Number (PCN) meth- 7/34/2020-DGTR Glass Fibre and articles thereof originating in or ex- odology in Sunset Review of ADD imposed and 26-11-2020 ported from China PR extends time to file questionnaire response upto 11 December, 2020 6/34/2020-DGTR Hydrofluorocarbons (HFC) Blends originating in or Time for filing questionnaire response in AD Inves- 27-11-2020 exported from China PR tigation extended until 19 December, 2020 Directs interested parties in AD Investigation to 6/1/2020-DGTR Self-adhesive Polyvinyl Chloride Film originating in or share their email ID for finalisation of list of inter- 27-11-2020 exported from China PR ested parties

Argentina Ministry of Production – Secretary of Commerce

Ref. Number Merchandise/Country Action Res. 596/2020 Non-alloyed aluminum tubes or aluminum alloys Closure of this investigation for alleged dumping w ith RESOL-2020-596- of Series …originating in Brazil and China the application of definitive AD measures APN-MDP Res. 286/2020 Affirmative verification of Non-Preferential Origin for RESOL-2020-286- Sunglasses, frames for glasses and corrective or parts declared as from Taiw an for a specific com- APN-SIECYGCE # undergraduate glasses (spectacles) from China pany MDP Res. 288/2020 Crow ns, pinions for chains and sets of crow n and RESOL-2020-288- pinion or crow n,…, of the types used in motorcy- Opening of the investigation for alleged dumping APN-SIECYGCE # cles (including mopeds), originating in China MDP Res. 289/2020 Toluene Diisocyanate 80:20, w ith tolerances be- RESOL-2020-289- tw een 82-78 and betw een 18- 22 of its constitu- Opening of an investigation for alleged dumping APN-SIECYGCE # tive isomers ”, originating in the USA

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Argentina Ministry of Production – Secretary of Commerce

Ref. Number Merchandise/Country Action MDP Res.290/2020 Affirmative verification of Non-Preferential Origin for RESOL-2020-290- Measuring tapes originating in China goods declared as originating in India for a specific APN-SIECYGCE # company MDP Res. 322/2020 RESOL-2020-322- Tablew are, tea and coffee accessories, ceram- Close the non-preferential origin verification of table- APN-SIECYGCE # ics, originating in China w are declared as originating in Thailand MDP

Brazil Ministry of Development, Industry and Trade

Reference Merchandise/Country Action

Cast iron pipes, originating in China, Public interest assessment ends w ith extension of the suspension GECEX № 113 UAE and India of AD measures for up to one year

Opportunity to Request Administrative Review In a November 3, 2020 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 Austria: Strontium Chromate A-433-813 6/18/19 - 10/31/20 Brazil: Circular Welded Non-Alloy Steel Pipe A-351-809 11/1/19 - 10/31/20 France: Strontium Chromate A-427-830 5/17/19 - 10/31/20 Editor, International Trade India: Welded Stainless Pressure Pipe A-533-867 11/1/19 - 10/31/20 Compliance Update Indonesia: Monosodium Glutamate A-560-826 11/1/19 - 10/31/20 Stuart P. Seidel Coated Paper Suitable For High-Quality Print Graphics Washington, D.C. Using Sheet-Fed Presses A-560-823 11/1/19 - 10/31/20 +1 202 452 7088 Italy: Forged Steel Fittings A-475-839 11/1/19 - 10/31/20 stuart.seidel@bakermcken- Mexico: Circular Welded Non-Alloy Steel Pipe A-201-805 11/1/19 - 10/31/20 zie.com Refillable Stainless Steel Kegs A-201-849 10/9/19 - 9/30/20 Seamless Refined Copper Pipe and Tube A-201-838 11/1/19 - 10/31/20 This may qualify as “Attorney Steel Concrete Reinforcing Bar A-201-844 11/1/19 - 10/31/20 Advertising” requiring notice in S. Korea: Circular Welded Non-Alloy Steel Pipe A-580-809 11/1/19 - 10/31/20 some jurisdictions. Prior re- Taiw an: Certain Circular Welded Non-Alloy Steel Pipe A-583-814 11/1/19 - 10/31/20 sults do not guarantee a simi- Certain Hot-Rolled Carbon Steel Flat Products A-583-835 11/1/19 - 10/31/20 lar outcome. Please see copyright and Thailand: Certain Hot-Rolled Carbon Steel Flat Products A-549-817 11/1/19 - 10/31/20 acknowledgements on the last PR of China: Fresh Garlic A-570-831 11/1/19 - 10/31/20 page Certain Hot Rolled Carbon Steel Flat Products A-570-865 11/1/19 - 10/31/20 Certain Coated Paper Suitable For High-Quality Print Graphic Using Sheet-Fed Presses A-570-958 11/1/19 - 10/31/20 Diamond Saw blades and Parts Thereof A-570-900 11/1/19 - 10/31/20 Forged Steel Fittings A-570-067 11/1/19 - 10/31/20 Lightw eight Thermal Paper A-570-920 11/1/19 - 10/31/30 Monosodium Glutamate A-570-992 11/1/19 - 10/31/20 Paper Clips A-570-826 11/1/19 - 10/31/20 Polyethylene Terephthalate (Pet) Film A-570-924 11/1/19 - 10/31/20 Pure Magnesium in Granular Form A-570-864 11/1/19 - 10/31/20

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

Refined Brow n Aluminum Oxide A-570-882 11/1/19 - 10/31/20 Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe A-570-956 11/1/19 - 10/31/20 Seamless Refined Copper Pipe and Tube A-570-964 11/1/19 - 10/31/20 Sodium Gluconate, Gluconic Acid, and Derivative Products A-570-071 11/1/19 - 10/31/20 Ukraine: Certain Hot-Rolled Carbon Steel Flat Products A-823-811 11/1/19 - 10/31/20 United Arab Emirates: Polyethylene Terephthalate (Pet) Film A-520-803 11/1/19 - 10/31/20 Countervailing Duty Proceedings India: Welded Stainless Pressure Pipe C-533- 868 1/1/19 - 12/31/19 Indonesia: Certain Coated Paper Suitable For High- Quality Print Graphics Using Sheet-Fed Presses C-560-824 1/1/19 - 12/31/19 PR of China: Chlorinated Isocyanurates C-570-991 1/1/19 - 12/31/19 Certain Coated Paper Suitable For High-Quality Print Graphic Using Sheet-Fed Presses C-570-959 1/1/19 - 12/31/19 Forged Steel Fittings C-570-068 1/1/19 - 12/31/19 Lightweight Thermal Paper C-570-921 1/1/19 - 12/31/19 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe C-570- 957 1/1/19 - 12/31/19 Sodium Gluconate, Gluconic Acid, and Derivative Products C-570-072 1/1/19 - 12/31/19 Turkey: Steel Concrete Reinforcing Bar C-489-819 1/1/19 - 12/31/19 Suspension Agreements Ukraine: Certain Cut-To-Length Carbon Steel Plate A-823-808 11/1/19 - 10/31/20

Initiation of Sunset Reviews In a November 3, 2020, 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-570-849 731-TA-753 China Cut-to-Length Carbon Steel (4th Review ) A-570-020 731-TA-1262 China Melamine (1st Review ) C-570-021 701-TA-526 China Melamine (1st Review ) A-570-962 731-TA-1173 China Potassium Phosphate (2nd Review ) C-570-963 701-TA-473 China Potassium Phosphate (2nd Review ) A-580-876 731-TA-1260 S. Korea Welded Line Pipe (1st Review ) A-821-808 731-TA-754 Russia Cut-to-Length Carbon Steel Plate (4th Rev.) A-489-822 731-TA-1261 Turkey Welded Line Pipe (1st Review ) C-489-823 701-TA-525 Turkey Welded Line Pipe (1st Review ) A-823-808 731-TA-756 Ukraine Cut-to-Length Carbon Plate (4th Review )

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Mattias Hedw all Global Chair

International Commercial & Trade

International Commercial & Trade Leadership Team

Regional Chairs / Steering Committee

Anne Petterd Sunny Mann Alejandro C. Mesa-Neira Jennifer Trock Sy dney London Bogota Washington DC Asia Pacif ic 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 Frankf urt 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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