International Trade Compliance Update

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

Newsletter | May 2019

In This Issue:

World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - Central America The Americas - North America The Americas - South America Please see our Webinars, Meetings, Seminars section for contact and regis- Asia-Pacific tration information for the new webinars in our 16th annual Global Trade and Europe, Middle East and North Africa Supply Chain Webinar Series entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges,” as well as links to Africa (except North Africa) past webinars and information on other events. Trade compliance enforcement ac- tions - import, export, IPR, FCPA In addition, there are links to the video recordings, PowerPoints and handout Newsletters, reports, articles, etc. materials of the

Webinars, Meetings, Seminars, etc.  2018 Year-End Import/Export Review in Santa Clara as well as WTO TBT Notifications Presentation Materials from the

CBP Rulings: Downloads and  Asia Pacific International Commercial and Trade Client Confer- Searches ence (Tokyo November 2018). CBP Rulings: Revocations or Modifi- cations European Classification Regulations To keep abreast of international trade-related news, visit our blogs: Amendments to the CN Explanatory For International Trade Compliance Updates, please regularly visit www.international- Notes tradecomplianceupdate.com. Section 337 Actions For additional articles and updates on trade sanctions and export controls, please visit: Antidumping, Countervailing Duty http://sanctionsnews.bakermckenzie.com/ regularly. and Safeguard Investigations, Or- ders & Reviews For resources and news regarding international trade, particularly in Asia, please visit our Trade Crossroads blog at http://tradeblog.bakermckenzie.com/. To see how BREXIT (the UK exiting the EU) may affect your business, visit http://brexit.bakermckenzie.com/

Editor, International Trade Com- For additional compliance news and comment from around the world, please visit http://global- pliance Update compliancenews.com/.

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

Please see copyright and acknowl- edgements on the last page

Please see copyright and acknowl- Ed- Inter- edgements on the last page itor na- tional 8465028-v6\WASDMS Trade 1 Compliance Update Baker McKenzie World Trade Organization (WTO) The International Trade Compliance Update is a publication of the Australia ratifies Government Procurement Agreement Global International Commercial and Trade Practice Group of Baker The WTO announced that Australia has ratified the WTO’s Agreement on Gov- McKenzie. Articles and comments ernment Procurement (GPA), submitting its instrument of accession to the WTO are intended to provide our readers Secretariat on 5 April. The announcement said that Australia will become the with information on recent legal de- 48th WTO member to be bound by the GPA. The GPA will take effect for Aus- velopments and issues of signifi- tralia 30 days from the date of submission of its accession instrument, i.e. on 5 cance or interest. They should not May 2019. be regarded or relied upon as legal advice or opinion. Baker McKenzie Six regional trade Agreements reviewed advises on all aspects of Interna- tional Trade law. The WTO announced that members reviewed six regional trade agreements Comments on this Update may be (RTAs) at a meeting of the Committee on RTAs on 1 April 2019. The new chair of sent to the Editor: the Committee, Ambassador Carlos Mario Foradori of Argentina, presided at this first Committee meeting of 2019. The agreements reviewed were: Stuart P. Seidel Washington, D.C.  Closer Economic Partnership Arrangement Between , and Ma- +1 202 452 7088 cao, China [email protected]  Chile-Thailand Free Trade Agreement A note on spelling, grammar and dates--  China-Georgia Free Trade Agreement In keeping with the global nature  Georgia-European Free Trade Association (EFTA) Free Trade Agreement of Baker McKenzie, the original  Accession of Panama to the Central American Common Market (CACM) spelling, grammar and date format- ting of non-USA English language  Accession of Ecuador to the Trade Agreement between the European Union, Co- material has been preserved from lombia and Peru the original source whether or not the material appears in quotes. The results of each review may found through the announcement link. Translations of most non-English Trade Policy Reviews: Bangladesh, Samoa language documents are unofficial and are performed via an auto- The fifth review of the trade policies and practices of Bangladesh took place on 3 mated program and are for infor- and 5 April 2019. The basis for the review was a report by the WTO Secretariat mation purposes only. Depending and a report by the Government of Bangladesh. on the language, readers with the Chrome browser should be able to The first review of the trade policies and practices of Samoa took place on 10 automatically get a rough to excel- and 12 April 2019. The basis for the review was a report by the WTO Secretariat lent English translation. and a report by the Government of Samoa. Credits: Unless otherwise indicated, all in- WTO addresses “essential security interests” claim for the first time formation is taken from official inter- On 5 April 2019, the WTO circulated the panel report in Russia – Measures Con- national organization or government websites, or their newsletters or cerning Traffic In Transit (DS512). The decision is the first time that a WTO panel press releases. has had to decide the extent of WTO jurisdiction over a claim by a Member that its actions were appropriate under Article XXI, the essential security exemption Source documents may be accessed by clicking on the blue from WTO rules. Ukraine brought the dispute in September 2016 after the Rus- hypertext links. sian Federation imposed restrictions preventing Ukraine from using roads and railways to trade goods with several former Soviet republics. Ukraine claimed This Update contains public sector infor- mation licensed under the Open Govern- that the measures appear to be inconsistent with: ment Licence v3.0 of the United King- dom. In addition, the Update uses mate-  Articles V:2, V:3, V:4, V:5, X:1, X:2, X:3(a), XI:1, XVI:4 of the General Agree- rial pursuant to European Commission ments on Tariff and Trade 1994 (GATT 1994); and policy as implemented by Commission Decision of 12 December 2011.  Paragraph 2 of Part I of the Russian Federation's Accession Protocol (to the ex- tent that it incorporates paragraphs 1161, 1426 (first sentence), 1427 (first and

third sentences) and 1428 of the Report of the Working Party on the Accession of the Russian Federation).

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Russia asserted that the measures were among those that it considered neces- sary for the protection of its essential security interests, which it took in response to the emergency in international relations that occurred in 2014, and which pre- sented threats to Russia's essential security interests. Russia invoked the provi- sions of Article XXI(b)(iii) of the GATT, arguing that actions taken pursuant to Ar- ticle XXI were “self-judging” and were not subject to WTO review because they were necessary to protect its “essential security interests.” Russia said that once Article XXI was invoked, the WTO could no longer review the issue and, as a re- sult, the Panel lacked jurisdiction to further address the matter.

Article XXI(b)(iii) provides, inter alia, that “in a time of war or other emergency in international relations” a Party to the GATT may take action that it considers nec- essary to protect its essential security interests taken in time of war or other emergency in international relations.

The Panel disagreed and found that WTO panels have jurisdiction to review as- pects of a Member's invocation of Article XXI(b)(iii). Specifically, the Panel found that, while the chapeau of Article XXI(b) allows a Member to take action “which it considers necessary” for the protection of its essential security interests, this dis- cretion is limited to circumstances that objectively fall within the scope of the three subparagraphs of Article XXI(b). (Emphasis added.) XXI(b) states:

(b) to prevent any contracting party from taking any action which it considers neces- sary for the protection of its essential security interests (i) relating to fissionable mate- rials or the materials from which they are derived; (ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; (iii) taken in time of war or other emergency in international relations; or

Once it is determined that required circumstances exist, it is left in general to every Member to define what it considers to be its essential security interests. Moreover, the Panel found that the specific language “which it considers” meant that it is for a Member itself to decide on the “necessity” of its actions for the pro- tection of its essential security interests.

The Panel found that Russia had met the requirements for invoking Article XXI(b)(iii) in relation to the measures at issue, and therefore, that the transit bans and restrictions were covered by Article XXI(b)(iii) of the GATT 1994.

On 26 April, the Dispute Settlement Body (DSB) formally adopted the panel re- port

[It should be noted that in several current WTO proceedings, the United States has claimed Article XXI as its justification for imposition of the Section 232 tariffs on steel and aluminum.]

Recent disputes The following disputes have been recently brought to the WTO. Click on the case (“DS”) number below to go to the WTO website page for details on that dispute.

DS. No. Case Name Date - Tariff Treatment on Certain Good in the Information and DS582 Communications Technology Sector - Request for consultations by 09-04-19 the European Union

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DS. No. Case Name Date Turkey – Certain Measures concerning the Production, Importation DS583 and Marketing of Pharmaceutical Products. Request for Consulta- 10-04-19 tions by the European Union

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

DS No. Case Name Activity Date Russian Federation — Measures Concern- Panel report issued 05-04-19 DS512 ing Traffic in Transit (Complainant: DSB formally adopted 26-04-19 Ukraine) United States — Anti-Dumping Measures Applying Differential Pricing Methodology DS534 Panel report issued 09-04-19 to Softwood Lumber from Canada (Com- plainant: Canada) Korea, Republic of — Import Bans, and Appellate Body report 11-04-19 DS495 Testing and Certification Requirements for issued 26-04-19 Radionuclides (Complainant: ) DSB formally adopted China — Tariff Rate Quotas for Certain Ag- DS517 Panel report issued 18-04-19 ricultural Products (Complainant: US) China - Domestic support for agricultural DS511 DSB formally adopted producers (Complainant: US) EU – Anti-dumping measures on certain Russia made second DS521 cold-rolled flat steel products from Russia panel request (Complainant: Russia) Qatar – Certain measures concerning 26-04-19 UAE made first panel DS576 goods from the United Arab Emirates request (Complainant: UAE) – Safeguard on certain iron or DS490 steel products {Complainants: Chinese Tai- Compliance report DS496 pei, )

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 coun- tries. See separate section on WTO TBT Notifications for a table which summa- rizes notifications posted by the WTO during the past month. World Customs Organization (WCO)

Announcements and news releases [dd-mm-yy]

Date Title 01-04-19 Fifth Meeting of Capacity Building Coordinators from the MENA region WCO supports the Europe region with the implementation of the Cross border E-commerce Framework of Standards 02-04-19 Inauguration ceremony of the WCO Asia-Pacific Regional Training Centre in Xiamen, China WCO supported Angola’s FTA implementation

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Date Title WCO and OSCE deploy specialized PITCH training for Central Asian Customs Tunisia is revamping its Training System West African Customs implement their regional interconnectivity project to man- age their transit operations 05-04-19 Building a Regional Framework for Customs Integrity in West Africa WCO highlights its E-Commerce work at the UNCTAD eCommerce Week 08-04-19 WCO welcomes the establishment of the Indian Customs Cooperation Fund 09-04-19 Niger Customs has 20 trainers capable of acting as competency developers WCO supports Jamaica Customs to improve the collaborative environment 10-04-19 among the Cross Border Regulatory Agencies (CBRAs) and build a Single Win- dow environment Fourth WGRKC meeting: Driving the comprehensive review of the RKC with momentum 11-04-19 WCO successfully conducted a Sub-regional TRS Workshop for the CIS Mem- ber States 12-04-19 National Workshop on Customs Valuation and use of a database in Montenegro WCO contribution to the implementation of the AfCFTA highlighted at the 15-04-19 UNIDO-AUC International Forum on Quality Infrastructure CBC10: Reflecting on the Past, embracing the Future WCO Leadership and Management Development Workshop in Alexandria, Egypt Customs representatives from the Middle East and North Africa (MENA) region 16-04-19 meet in Tunis for a WCO Regional Security Workshop PSCG discusses a variety of key issues at WCO headquarters WCO Supports Eswatini on Advance Ruling System for Classification, Origin and Valuation CCWP (Customs Cooperation Working Party) Experts Meeting on 28th of 17-04-19 March Opening of the WCO Regional Training Centre in Bishkek, Kyrgyzstan SAFE Working Group launches discussion on AEO 2.0 25-04-19 The WCO’s new anti-corruption programme highlighted at the Integrity Sub- Committee meeting in Brussels Strategic Trade Control Enforcement activities – March 2019 Gambia gears up to accede to the Harmonized System Convention 26-04-19 Members of the MENA region discuss challenges and solutions for efficient transit regimes WCO Europe Region Heads of Customs Conference in Russia Strategic Trade Control Enforcement national training, Jamaica, April 2019 29-04-19 The World Customs Organization and the European Union join forces on a new project! An Integrity Diagnostic Mission delivered for Jamaica Customs Agency 30-04-19 WCO participates in the International Drug Enforcement Conference

Other International Matters

AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA) AfCFTA ratified by necessary 22 countries According to Tralac (the Trade Law Centre), on 2 April 2019, the Gambian parlia- ment ratified the African Continental Free Trade Area (AfCFTA), becoming the 22nd country to do so. AfCFTA was signed on 21 March 2018 by 44 member states of the African Union (AU) and subsequently has been signed by 8 more and now has the required 22 ratifications to come into force.

Under the terms of the AfCFTA, 22 ratifications are needed to bring the agree- ment into force. As of 10 April, 19 of the 22 countries that have received parlia-

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mentary approval have deposited their instruments of ratification (usually a diplo- matic letter confirming ratification of the Agreement) with the depositary, paving the way for the AfCFTA’s entry into force. This means that only 3 more countries have to deposit their instruments of ratification with the AUC Chairperson to reach the 22-member threshold. Thirty (30) days after this threshold is reached, the AfCFTA will enter into force. However, several protocols (investment, IPR and competition), key schedules (tariff concessions) and annexes (MFN exemp- tions, air transport, regulatory cooperation and others) are still being developed and may not be ready until 2020.

According to Tralac, the 19 countries that have deposited their instruments of AfCFTA ratification with the AUC Chairperson are Ghana, Kenya, Rwanda, Ni- ger, Chad, Congo Republic, Djibouti, Guinea, eSwatini (former Swaziland), Mali, Mauritania, Namibia, South Africa, Uganda, Ivory Coast (Côte d’Ivoire), Senegal, Togo, Egypt and Ethiopia. The three countries that have obtained parliamentary approval for ratification but still need to deposit their instruments of ratification with the depositary are Sierra Leone, Zimbabwe, and the Gambia.

As of the end of March 2019, only three countries in Africa have yet to sign the consolidated text of the AfCFTA Agreement: Benin, Eritrea and Nigeria.

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 2019/021 - Enhancing synergies among biodiversity-related conventions at the 03-04-19 national level: improving access to, and quality of, available guidance and tools 2019/022 - Registration of operations that breed Appendix-I animal species in 05-04-19 captivity for commercial purposes 2019/023 - New Zealand – Change to New Zealand CITES permits and certifi- 18-04-19 cates 2019/024 - 18th meeting of the Conference of the Parties: Statement from the 21-04-19 Secretariat 2019/025 - Postponement of the 18th meeting of the Conference of the Parties 26-04-19 (CoP18) and 71st and 72nd meetings of the Standing Committee (SC71 and SC72)

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 require- ments, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the FAS GAIN reports web- site.

Member GAIN Report Algeria FAIRS Report Algeria FAIRS Report Algeria Trade Policy Update Bangladesh FAIRS Report

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Member GAIN Report Bosnia and Exporter Guide Herzegovina Brazil Exporter Guide Canada Canada Removes Federal Barriers to Domestic Alcohol Sales Canada Canada Releases Final Decision on Three Fungicides Canada Canada Releases Select Final Regulatory Decisions for Neonicotinoids Canada FAIRS Report China National Standard for Rice (GB-T 1354-2018) China China's Standard for Fresh and Frozen Livestock and Poultry Products Ecuador FAIRS Report Ecuador FAIRS Report El Salvador FAIRS Report El Salvador FAIRS Report France FAIRS Report France FAIRS Report France Exporter Guide Greece Exporter Guide Guatemala FAIRS Report Haiti FAIRS – Narrative Indonesia New Requirements for Registering and Labelling Fresh Fruit and Vegeta- bles Indonesia Indonesia Issues New Regulation on the Import of Animal-Based Feed Indonesia Registration Guide for Feed Additives Japan Japan Proposes Designation of 7 New Food Additives Japan Japan Proposes an Addition of Argon as a Food Additive Japan Proposes a Revision of the Specification for Hypobromous Acid Water Japan Notifies WTO of Amendments to Pesticide Registration System Japan Japan Notifies WTO of Revised Monepantel Residue Standards Japan Japan Notifies WTO of an Exemption of Glyceryl Caprylate Japan Notifies an Exemption for Citric Acid Esters of Mono and Diglyceride Japan Japan Notifies WTO of Revised Fluxametamide Residue Standards FAIRS Report Malaysia FAIRS Report Pakistan FAIRS Report Peru FAIRS Report Saudi Arabia FAIRS Report Saudi Arabia FAIRS Report Saudi Arabia FAIRS Report South Africa FAIRS Report Spain Exporter Guide Taiwan Pesticide Import Tolerance Application Process FAIRS Report Tunisia List of Products Subject to Pre-Import Surveillance Ukraine FAIRS Report Vietnam FAIRS Report Vietnam FAIRS Report

The Americas - Central America

Central American Customs agencies delay adoption of new Elec- tronic Goods Declaration On 28 March 2019, the Council of Ministers of Central American Economic Inte- gration (COMIECO) approved Resolution 410-2019, delaying the implementation of the Central American Single Declaration (DUCA), until 7 May 2019. [See Costa Rican Originally, the DUCA was adopted on 7 December 2018 by COMIECO Resolution 409-2018 with a 1 April 2019 effective date, to replace

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three documents: the Central American Single Customs Form (FAUCA), the Sin- gle Declaration of Goods for the International Terrestrial Customs Transit (DUT) and the Goods Declaration that are used in Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica and Panama.

EL SALVADOR Documents

Date Series and № Subject Implementación de Declaración Única Centroameri- 05-03-19 DGA № 005-2019 cana (DUCA)

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

Publication Title Date COMMERCE & INDUSTRIES: Res. № 002 (02-04-19) Imposition of special agricul- 04-04-19 tural safeguard on certain products under the US-Panama FTA NATIONAL CUSTOMS AUTHORITY: Resolution № 119 (22-04-19) for which a new range of virtual customs is put in within the procedure established by Resolu- 25-04-19 tion 488 of 26-10-18, for the transfer of non-nationalized goods, through the official computer system of the National Customs Authority and other provi- sions

The Americas - North America

CANADA Canada revises lists of US steel and aluminum subject to remission of countermeasures On April 15, 2019, the Department of Finance issued revised Lists of Steel, Alu- minum and Other Goods Imported from the U.S. Subject to Remission of Coun- termeasures. The latest changes to Schedule 3 of the United States Surtax Re- mission Order (the “Remission Order”) were made pursuant to the Order Amend- ing the United States Surtax Remission Order, No. 2019-1 and entered into force on April 15, 2019.

In response to the U.S. tariffs on Canadian steel and aluminum, the Govern- ment of Canada applied reciprocal countermeasures as of July 1, 2018 on imports of steel, aluminum and other goods from the U.S.

To protect the competitiveness of businesses affected by Canadian counter- measures, the Government has announced that:

 certain steel and aluminum goods will be eligible for relief from surtaxes paid or payable under the United States Surtax Order (Steel and Aluminum); and

 certain other goods will be eligible for relief from surtaxes paid or payable un- der the United States Surtax Order (Other Goods).

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The goods currently covered in Schedule 1, Schedule 2, Schedule 3 and Schedule 4 of the Remission Order are listed below.

 For goods in Schedule 1, relief is granted for an indefinite period for steel and aluminum products imported from the U.S. on or after July 1, 2018.  For goods in Schedule 2, relief is granted for a limited period from July 1, 2018 to April 30, 2019 for steel and aluminum products imported from the U.S.  For goods in Schedule 3, relief is granted for steel and aluminum products imported from the U.S. This relief is limited to specifically listed importers, for specified periods and subject to applicable conditions as prescribed in Schedule 3.  For goods in Schedule 4, relief is granted for an indefinite period for other goods imported from the U.S. on or after July 1, 2018, subject to applicable conditions, as provided in the Remission Order.

The latest changes to Schedule 3 of the Remission Order were made pursu- ant to the Order Amending the United States Surtax Remission Order, No. 2019-1 and entered into force on April 15, 2019. The changes to Schedule 3 of the Remission Order are denoted in bold and consist of:

 amendments to items 5 to 12, 13, 15, 20 to 30, 32 to 68, 71, 78 to 89, 93 to 107, 109 to 120, 123, 124, 127, 128, 130 to 142, 144 to 200, 209 to 219; and  the addition of items 220 to 314.

See the Department of Finance notice for the full schedules of the Remission Or- der.

Canada lifts safeguards on 5 steel categories on April 28 Customs Notice 18-17 - Provisional Safeguard Measures Imposed on the Impor- tation of Certain Steel Goods was revised on April 16, 2019 to reflect the findings of the Canadian International Trade Tribunal (CITT) in its report following its in- quiry into safeguard measures on seven categories of steel goods [see below].

As provided in the Order imposing provisional safeguards, where the CITT rec- ommends final safeguards, provisional safeguards remain in effect for 200 days from when they came into effect.

 The CITT has recommended final safeguards on imports of heavy plate and stainless steel wire; as such, provisional safeguards on these goods will remain in effect up to and including May 12, 2019.

In accordance with Canadian law, where the CITT does not recommend final safeguards, provisional safeguards remain in effect for 200 days from when the Order imposing provisional safeguards was made.

 The CITT has not recommended final safeguards on imports of concrete reinforc- ing bar, energy tubular products, hot-rolled sheet, pre-painted steel and wire rod; as such, provisional safeguards on these goods will remain in effect up to and in- cluding April 28, 2019.

The Government is reviewing the CITT’s recommendations and further an- nouncements will be made in due course, including with respect to surtax as- sessed on goods subject to provisional safeguards.

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Until the provisional safeguards on the respective goods expire, importers must continue to obtain shipment-specific import permits or pay surtaxes for the impor- tation of those products.

CITT issues report on steel safeguards inquiry On April 4, 2019, the Canadian International Trade Tribunal (CITT or Tribunal) posted its April 3 report in the Safeguard Inquiry into the Importation of Certain Steel Goods [Inquiry No. GC-2018-001]. The CITT was directed to conduct a safeguard inquiry concerning the importation into Canada of certain steel goods. The classes of goods subject to the inquiry are: (1) heavy plate, (2) concrete rein- forcing bar, (3) energy tubular products; (4) hot-rolled sheet, (5) pre-painted steel, (6) stainless steel wire, and (7) wire rod.

The purpose of the inquiry was to determine whether any of these goods were im- ported into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of such goods. The Order directed the Tribunal to have regard to Canada’s international trade rights and obligations. The Order provided that certain imports were to be excluded from the Tribunal’s in- quiry—namely, imports from the United States, Israel and other Canada-Israel Free Trade Agreement (CIFTA) beneficiaries, Chile and Mexico (with the exception of en- ergy tubular products and wire rod from Mexico). The Order required the Tribunal, in the event it determined that there was an increase in imports, and serious injury or threat thereof, to make separate determinations re- garding subject goods originating in and imported from certain free trade agreement partners. Specifically, the Tribunal had to determine if subject goods from Panama, Peru, Colombia, Honduras and the Republic of Korea (Korea) were a principal cause of serious injury or threat thereof. The Tribunal also had to determine if energy tubular products or wire rod originating in and imported from Mexico did not account for a substantial share of total imports of energy tubular products or wire rod, or did not contribute importantly to serious injury or threat thereof. Specific treatment was also outlined for imports from countries benefiting from the General Preferential Tariff (GPT).

The Tribunal’s determinations and recommendations are as follows:  The Tribunal finds that heavy plate from the subject countries (other than goods originating in Korea, Panama, Peru, Colombia and Honduras) is being imported in such increased quantities and under such conditions as to be a principal cause of a threat of serious injury to the domestic industry, and recommends a remedy in the form of a tariff rate quota (TRQ) from subject countries, other than goods originating in Korea, Panama, Peru, Colombia, Honduras, or countries whose goods are eligible for GPT treatment.  The Tribunal finds that, while there has been a significant increase in the impor- tation of concrete reinforcing bar from the subject countries, this increase as well as the conditions under which the subject reinforcing bar is being imported have not caused serious injury, and are not threatening to cause serious injury, to the domestic industry and does not recommend a remedy in respect of con- crete reinforcing bar.  The Tribunal finds that, while there has been a significant increase in the impor- tation of energy tubular products from the subject countries, this increase as well as the conditions under which the subject energy tubular products are being

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imported have not caused serious injury, and are not threatening to cause seri- ous injury, to the domestic industry and therefore does not recommend a remedy in respect of energy tubular products.  The Tribunal finds that hot-rolled sheet, pre-painted steel and wire rod im- ported from the subject countries is not being imported in such increased quanti- ties as to cause or threaten to cause serious injury to the domestic industry. Given that a safeguard measure can only be applied if a product is being im- ported in such increased quantities, the Tribunal does not recommend a remedy in respect of hot-rolled sheet, pre-painted steel and wire rod.  The Tribunal finds that stainless steel wire imported from the subject countries (other than goods originating in Korea, Panama, Peru, Colombia and Honduras) is being imported in such increased quantities and under such conditions as to be a principal cause of a threat of serious injury to the domestic industry, and recommends a remedy in the form of a TRQ on imports of stainless steel wire from subject countries, other than goods originating in Korea, Panama, Peru, Co- lombia, Honduras, or countries whose goods are eligible for GPT treatment.

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

Publication Title Date

HEALTH: Regulations Amending the Regulations Amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations Respecting the Pest Control Products Act and Regulations (Penalties and Schedules) (SOR/2019- 70, Mar. 13, 2019) (R) FINANCE: Excise Duties on Cannabis Regulations.(SOR/2019-78, Mar. 26, 04-03-19 2019) (R) FINANCE: Regulations Amending Certain Regulations in Respect of the Taxa- tion of Cannabis Products (SOR/2019-77, Mar. 26, 2019) (R) TRANSPORT: Regulations Amending the Transportation of Dangerous Goods Regulations (Containers for Transport of Dangerous Goods by Rail).(SOR/2019-75, Mar. 26, 2019) (R) ENVIRONMENT/HEALTH: Publication after screening assessment of eight sub- stances of the Phenol-formaldehyde Resins Group specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) 04-06-19 ENVIRONMENT/HEALTH: Publication after screening assessment of eight sub- stances of the Used and Re-refined Oils Group specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) ENVIRONMENT/HEALTH: Publication after screening assessment of three sub- stances — amitrole, CAS RN 61-82-5, sodium dichloroisocyanurate (NaDCC), CAS RN 2893-78-9, and hexa(methoxymethyl melamine, CAS RN 3089-11- 0 — specified on the Domestic Substances List (paragraphs 68(b) and (c) or 04-13-19 subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) ENVIRONMENT/HEALTH: Publication after screening assessment of 21 sub- stances specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N) FOREIGN AFFAIRS: Order Amending Certain Permits Made Under the Export and Import Permits Act (SOR/2019-87, April 4, 2019) (O) 04-17-19 ENVIRONMENT: Regulations Amending the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)(SOR/2019-89, April 8, 2019) (R)

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Publication Title Date

ENVIRONMENT: Regulations Amending the Concentration of Phosphorus in Cer- tain Cleaning Products Regulations (SOR/2019-90, April 8, 2019) pursuant to the Canadian Environmental Protection Act, 1999 (R) ENVIRONMENT: Regulations Amending the Contaminated Fuel Regulations (SOR/2019-91, April 8, 2019) pursuant to the Canadian Environmental Protec- tion Act, 1999 (R) FOREIGN AFFAIRS: Order Amending the Export Control List (SOR/2019-92, April 8, 2019) pursuant to the Export and Import Permits Act (O) ENVIRONMENT: Order 2019-87-04-02 Amending the Non-domestic Substances List pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (O) ENVIRONMENT / HEALTH: Publication after screening assessment of diazenedi- carboxamide, CAS RN 123-77-3, specified on the Domestic Substances List 04-20-19 (subsection 77(1) of the Canadian Environmental Protection Act, 1999) HEALTH: Proposed Order Amending Schedule I to the Controlled Drugs and Substances Act (Tramadol) pursuant to the Controlled Drugs and Substances Act).(PR) HEALTH: Proposed Regulations Amending the Narcotic Control Regulations (Tramadol) pursuant to the Controlled Drugs and Substances Act (PR) ENVIRONMENT: Ministerial Condition No. 19823 pursuant to Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999 (N) [benzoic acid, 2-ben- zoyl-, methyl ester, Chemical Abstracts Service Registry No. 606-28-0] ENVIRONMENT / HEALTH: Publication of final decision after screening assess- ment of three substances of the Fatty Amides Group — 13-docosenamide, (Z)- (erucamide), CAS RN 112-84-5, 9-octadecenamide, (Z)- (oleamide), CAS RN 301-02-0, and isooctadecanoic acid, reaction products with tetraethylene- 04-27-19 pentamine (IODA reaction products with TEPA), CAS RN 68784-17-8 — spec- ified on the Domestic Substances List (subsection 77(6) of the Canadian Envi- ronmental Protection Act, 1999) (N) ENVIRONMENT / HEALTH: Publication of results of investigations and recommen- dations for a substance — cyclohexane, 5-isocyanato-1- (isocyanatomethyl)- 1,3,3-trimethyl- (isophorone diisocyanate; IPDI), CAS RN 4098-71-9 — speci- fied on the Domestic Substances List (paragraphs 68(b) and (c) of the Cana- dian Environmental Protection Act, 1999) (N)

Restrictive measures The following documents imposing restrictive measures on imports or exports were published in the Canada Gazette or posted on a Government website.

Publication Title Date

GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures (Russia) Regulations (SOR/2019-71 (Mar. 15, 2019) (R) 04-03-19 GLOBAL AFFAIRS: Regulations Amending the Special Economic Measures (Ukraine) Regulations (SOR/2019-72, Mar. 15, 2019) (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 pub- lishing ruling letters in their entirety, with the applicant's consent, on the CBSA Web site.

No advance rulings were posted by the CBSA during the period of this Update’s coverage.

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8465028-v6\WASDMS Baker McKenzie 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 04-09-19 D2-5-13 (Revised) International to Domestic Connections Process (Revised) Provisional Safeguard Measures Imposed on the Im- 04-16-19 CN 18-17 portation of Certain Steel Goods 04-24-19 D5-1-5 (Revised) Damaged Mail (Revised) Telephone Reporting for General Aviation and Private 04-25-19 D2-5-12 Boats 04-26-19 D19-6-3 (Revised) Importation of Energy-using Products CN 18-19 (Revised) Cannabis Customs Excise Duty Procedures 04-30-19 CN 19-06 Relocation of Commercial Office, Halifax, N.S.

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: Acuerdo making public Decision 98 of the Administrative Commis- sion of the Free Trade Agreement between the United Mexican States and the Republic of Colombia, adopted on February 28, 2019 04-08-19 ECONOMY: Notice regarding the certification scheme that the Socialist Republic of Vietnam will apply in the framework of the Comprehensive and Progressive Trans-Pacific Association Treaty HACIENDA: Ninth Resolution of Modifications to the Miscellaneous Fiscal Reso- 04-09-19 lution for 2018 and its Annex 1-A. [includes Northern border tax stimulus] Decree modifying the Tariff of the Law on General Import and Export Taxes, the Decree establishing various Sectoral Promotion Programs, the Decree es- tablishing the general import tax for the border region and the northern border 04-10-19 strip and the Decree for the Promotion of the Manufacturing, Maquiladora and Export Services Industries [adjusts PROSEC and IMMEX decrees, creates new national explanatory note to Sec. XI, and creates additional textile and apparel subheadings and changes duty rates, including the border region] Decree modifying the Tariff of the General Import and Export Tax Law and the Decree establishing the general import tax for the border region and the north- 04-10-19 ern border strip [creates additional footwear subheadings, a national explana- tory note to Chapter 64, and changes duty rates, including the border region] HACIENDA: Tenth Resolution of Modifications to the Miscellaneous Fiscal Res- olution for 2018 and its annexes 1-A, 14, 23, 25 and 25-Bis [includes secu- 04-10-19 rity features of the tags and seals that must be adhered to the containers con- taining alcoholic beverages, digital printing of required alcoholic beverage la- bels] 04-12-19 ECONOMY: Call to participate in the National Export Prize 2019.

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Publication Title Date

ECONOMY: Acuerdo that discloses the tariff preferences in Appendix I of Eco- nomic Complementation Agreement No. 55, signed between the United Mexi- can States and the Argentine Republic, the Federative Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, being the States 04-15-19 Parties of the Common Market of the South (MERCOSUR). ECONOMY: Acuerdo that provides the Sixth Additional Protocol to Appendix I “On Trade in the Automotive Sector between Argentina and Mexico, “ of Eco- nomic Complementation Agreement No. 55 concluded between MERCOSUR and the United Mexican States. ECONOMY: Acuerdo that modifies the one by which the Secretary of Economy 04-18-19 emits rules and criteria of general character in matter of Foreign Trade ECONOMY: Notice by means of which the amount of the maximum quota for 04-19-19 the month of March 2019 is announced, to export sugar to the United States of America during the period between October 1, 2018 and September 30, 2019.

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=HEARING 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.]

Presidential documents During the past month, President Trump signed the following documents that re- late to international trade or travel, regulatory reform, national security, law en- forcement or related activities:

Date Subject

Notice of April 1, 2019 Continuation of the National Emergency With Respect to 04-02-19 South Sudan Presidential Permit of March 29, 2019 Authorizing TransCanada Keystone 04-03-19 Pipeline, L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities at the International Boundary Between the United States and Canada Memorandum of April 1, 2019 Delaying Submission of the Small Business Re- 04-04-19 port under the Trade Facilitation And Trade Enforcement Act of 2015 Notice of April 10, 2019 Continuation of the National Emergency With Respect 04-11-19 to Somalia Memorandum of April 3, 2019 on Combating Trafficking in Counterfeit and Pi- * rated Goods Executive Order 13867 of April 10, 2019 - Issuance of Permits With Respect to 04-15-19 Facilities and Land Transportation Crossings at the International Boundaries of the United States National Security Presidential Memorandum Regarding U.S. Conventional 04-19-19* Arms Transfer Policy *) Not yet published in the Federal Register. Link is to Whitehouse.gov

President announces US will not ratify UN Arms Treaty During a speech at the National Rifle Association convention on April 26, 2019, President Trump announced that the US would not ratify the UN Arms Trade

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Treaty and that his administration would ask the Senate to return the Treaty with- out taking action. The US had signed the Treaty in 2013 but it has not been rati- fied by the Senate. The White House issued a fact sheet explaining the decision. The US had been an original sponsor of the Treaty, which would require states parties to regulate importing, exporting, transit, transhipment and brokering of conventional arms and components. To date, over 100 countries have ratified the treaty, and an additional 34 countries have signed but not ratified it.

President delays border closure threat for one year On April 4, 2019, in response to a reporter’s question, President Trump told re- porters and others attending a White House Opportunity and Revitalization Coun- cil meeting that he would not take any action to close the US-Mexico border for a year to see if Mexico can stop the immigrants and drugs using Mexico to reach the United States. If after a year the situation does not improve, he will consider putting tariffs on Mexican products – particularly automobiles. If that doesn’t work, he will; close the border.

White House issues memorandum on counterfeit and pirated goods On April 3, 2019, President Trump issued a memorandum directing coordination across critical federal agencies to combat trafficking in counterfeit and pirated goods. The memorandum emphasizes the importance of intellectual property rights and announces an expanded effort by the Federal Government to combat online counterfeit trafficking. It instructs the Department of Homeland Security to submit a report within 210 days, in which it must:

i. Analyze available data on counterfeit goods and their distribution via online third- party market places, including market incentives, origin, and any other data that supports subsequent policy recommendations. ii. Evaluate existing policies of third-party intermediaries, the Federal Government (especially the Defense Federal Acquisition Regulation Supplement), and foreign governments to combat trafficking. iii. Recommend changes to the data collection practices of the Federal Government. iv. Review practices of counterfeiters and identify changes to administrative and en- forcement actions that could “substantially reduce” the flow of pirated goods. v. Identify types of guidance that the Federal Government may provide to third- party marketplaces and carriers. vi. Identify administrative and policy changes that would promote information shar- ing between agencies. vii. Review government resources and provide recommendations regarding the ef- fective use of technology and increased collaboration with third-party intermediar- ies for the detection and prosecution of counterfeiters.

We expect a public version of the report to follow within 30 days of its submis- sion.

Notably, the Memorandum is directed to several Government entities, including the Secretary of Defense, the Attorney General, the Secretary of Commerce and the United States Trade Representative. This suggests the potential for broad based action following issuance of the report by Homeland Security.

Should you have further queries, please do not hesitate to contact our contrib- uting lawyers: Kevin M. O'Brien, Christine Streatfeild and Victor Wang.

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8465028-v6\WASDMS Baker McKenzie President extends national emergencies re: Somalia, South Sudan On April 11, 2019, the Federal Register published Presidential Notice of April 10, 2019 Continuation of the National Emergency With Respect to Somalia, which extends for an additional year the national emergency first declared in Executive Order (EO) 13536 (April 12, 2019) to deal with the unusual and extraordinary threat to the na- tional security and foreign policy of the United States constituted by the deterioration of the security situation and the persistence of violence in Somalia, and acts of piracy and armed robbery at sea off the coast of Somalia, which have been the subject of the United Nations Security Council resolutions (UNSCRs), and violations of the arms embargo im- posed by the United Nations Security Council. Additional steps were taken in EO 13620 (July 20, 2012) due to additional UNSCRs, and to address: exports of charcoal from So- malia, which generate significant revenue for al-Shabaab; the misappropriation of Somali public assets; and certain acts of violence committed against civilians in Somalia. The na- tional emergency is being extended because the situation with respect to Somalia contin- ues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.

On April 2, 2019, the Federal Register published Presidential Notice of April 1, 2019 Continuation of the National Emergency With Respect to South Sudan, which extends for an additional year the national emergency first declared in EO 13664 (April 3, 2014) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the situation in and in relation to South Sudan, which has been marked by activities that threaten the peace, security, or stability of South Sudan and the surrounding region, including widespread violence and atrocities, human rights abuses, recruitment and use of child soldiers, attacks on peace- keepers, and obstruction of humanitarian operations. The national emergency is being ex- tended because the situation in and in relation to South Sudan continues to pose an unu- sual and extraordinary threat to the national security and foreign policy of the United States.

USTR waives discriminatory purchasing requirements for eligible products and suppliers of Australia On April 29, 2019, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice stating that the United States has agreed to waive discriminatory purchasing requirements for eligible products and suppliers of Australia beginning on May 5, 2019.

On October 17, 2018, the WTO Committee on Government Procurement ap- proved the accession of Australia to the WTO Agreement on Government Pro- curement (GPA). Australia submitted its instrument of accession to the Secretary General of the WTO on April 5, 2019. The GPA will enter into force for Australia on May 5, 2019. The United States, which also is a party to the GPA, has agreed to waive discriminatory purchasing requirements for eligible products and suppli- ers of Australia beginning on May 5, 2019.

USTR publishes additional Sec. 301 product exclusions On April 18, 2019, the Office of the United States Trade Representative. (USTR) published in the Federal Register a notice of product exclusions. This is the third set of product exclusions from the first (July 6, 2018) imposition of 25% additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. In

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December 2018 and March 2019, USTR granted two prior sets of exclusion re- quests. This notice announces USTR’s determination to grant additional exclu- sion requests, as specified in the Annex to this notice. USTR will continue to is- sue decisions on pending requests on a periodic basis.

As set out in the Annex to the notice, the exclusions are reflected in 21 specially prepared product descriptions, which cover 348 separate exclusion requests. In accordance with the July 11 notice, the exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the product descriptions in the Annex to this notice, and not by the prod- uct descriptions set out in any particular request for exclusion.

Paragraph A, subparagraphs (3) – (5) are conforming amendments to the Har- monized Tariff Schedule of the United States (HTSUS) reflecting the modification made by the Annex to the notice. In order to clarify the periodic revisions to the HTSUS, paragraphs B and C of the Annex modifies the text to US notes 20(i)(6) and 20(i)(7) to subchapter III of chapter 99 5 of the HTSUS, as set out in the An- nex of the notice published at 84 Fed. Reg. 11152 (March 25, 2019). Paragraph D of the Annex to this notice corrects a typographical error in US note 20(i)(24) to subchapter III of chapter 99 of the HTSUS, as set out in the Annex of the notice published at 84 Fed. Reg. 11152 (March 25, 2019).

As stated in the July 11 Notice, the exclusions will apply as of the July 6, 2018 ef- fective date of the $34 billion action, and extend for one year after the publication of the notice of exclusions. US Customs and Border Protection (CBP) will issue instructions on entry guidance and implementation. Stakeholders wishing to check the status of their exclusion requests should check USTR’s Initial $34 Bil- lion Trade Action Index of Product Exclusion Requests and Review Status spreadsheet, which is updated weekly.

USTR proposes countermeasures in response to EU aircraft subsi- dies [Update to April 8 article below] On April 12, 2019, the Office of the US Trade Representative published in the Federal Register a notice of initiation of investi- gation, hearing, and request for comments [Docket No. USTR–2019–0003] re- garding enforcement of US rights in the World Trade Organization (WTO) dispute against the European Union (EU) and certain EU member States addressed to EU subsidies on large civil aircraft. USTR proposes determinations that the EU and certain member States have denied US rights under the WTO Agreement and have failed to implement WTO Dispute Settlement Body recommendations. USTR proposes to take action pursuant to section 301 of the Trade Act of 1974, as amended, in the form of additional duties on products of the EU or certain member States, to be drawn from the preliminary list annexed to the Federal Register notice. The interagency Section 301 Committee is seeking public com- ments and will hold a public hearing in connection with the proposed determina- tions.

The preliminary list Annex has two sections. The products that are enumerated and described in Section 1 are being considered for additional import duties if they are the product of any of the following four member States of the European Union: France, Germany, Spain or the United Kingdom. The Section 1 list covers certain civilian helicopters, aircraft, aircraft assemblies and parts in headings 8802 and 8803.

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The products that are enumerated and described in Section 2 of the Annex to the notice are being considered for additional import duties if they are the product of any of the twenty-eight member States of the European Union. The list is very broad and covers products ranging from items in heading 0303 through items in heading 9603 [see examples in the article below].

To be assured of consideration, the following schedule applies:

May 6, 2019: Due date for submission of requests to appear at the public hearing and summary of testimony. May 15, 2019: The Section 301 Committee will convene a public hearing in the Main Hearing Room of the U.S. International Trade Commission, 500 E Street SW, Wash- ington, DC 20436 beginning at 9:30 a.m. May 28, 2019: Due date for submission of written comments, including post-hearing rebuttal comments.

ITC issues report on US-Mexico-Canada Trade Agreement’s im- pact on US jobs and industry sectors On April 18, 2019, the US International Trade Commission (ITC) released its 379 page report, U.S.-Mexico-Canada Trade Agreement: Likely Impact on the U.S. Economy and on Specific Industry Sectors [Inv. TPA 105-003, Pub. No. 4889], as required by the section 105(c) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Title I, Pub. L. 114-26; 129 Stat. 320). The high- lights of the report are contained in the Executive Summary which states (with emphasis as in the original text):

The Commission used a combination of detailed quantitative and qualitative industry analyses and an economy-wide computable general equilibrium model to assess the likely impact of USMCA on the U.S. economy and industry sectors. The model esti- mates that, if fully implemented and enforced, USMCA would have a positive impact on U.S. real GDP and employment. The elements of the agreement that would have the most significant effects on the U.S. economy are (1) provisions that reduce policy uncertainty about digital trade and (2) certain new rules of origin applicable to the automotive sector. Of interest to stakeholders in many sectors, particularly services industries, are US- MCA’s new international data transfer provisions, including provisions that largely pro- hibit forced localization of computing facilities and restrictions on cross-border data flows. Industry representatives consider these provisions to be a crucial aspect of this agreement in terms of changing certain rules of trade across industry sectors, espe- cially given the lack of similar provisions in the North American Free Trade Agree- ment (NAFTA). Because NAFTA has already eliminated duties on most qualifying goods and significantly reduced nontariff measures, USMCA’s emphasis is on reducing re- maining nontariff measures on trade and the U.S. economy; addressing other is- sues that affect trade, such as workers’ rights; harmonizing regulations from country to country; and deterring certain potential future trade and investment barriers. USMCA would strengthen and add complexity to the rules of origin require- ments in the automotive sector by increasing regional value content (RVC) require- ments and adding other requirements. USMCA’s requirements are estimated to in- crease U.S. production of automotive parts and employment in the sector, but also to lead to a small increase in the prices and small decrease in the consumption of vehi- cles in the United States. The agreement would establish commitments to open flows of data, which would positively impact a wide range of industries that rely on international data transfers. USMCA would reduce the scope of the investor-state dispute settlement (ISDS) mechanism, a change that, based on modeling results, would reduce U.S. invest- ment in Mexico and would lead to a small increase in U.S. domestic investment and

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output in the manufacturing and mining sectors. The agreement, if enforced, would strengthen labor standards and rights, including those related to collective bar- gaining in Mexico, which would promote higher wages and better labor conditions in that country. New intellectual property rights provisions would increase protec- tions for U.S. firms that rely on intellectual property. These changes are estimated to increase U.S. trade in certain industries. The Commission’s model estimates that USMCA would raise U.S. real GDP by $68.2 billion (0.35 percent) and U.S. employment by 176,000 jobs (0.12 percent). The model estimates that USMCA would likely have a positive impact on U.S. trade, both with USMCA partners and with the rest of the world. U.S. exports to Canada and Mexico would increase by $19.1 billion (5.9 percent) and $14.2 billion (6.7 percent), respectively. U.S. imports from Canada and Mexico would increase by $19.1 billion (4.8 percent) and $12.4 billion (3.8 percent), respectively. The model es- timates that the agreement would likely have a positive impact on all broad in- dustry sectors within the U.S. economy. Manufacturing would experience the larg- est percentage gains in output, exports, wages, and employment, while in absolute terms, services would experience the largest gains in output and employment.

ITC seeks possible modifications to the Harmonized System No- menclature On April 3, 2019, the US International Trade Commission (ITC) published in the Federal Register a request for proposals [Docket No. 1210–007] to amend the international Harmonized Commodity Description and Coding System (Harmo- nized System or HS) in connection with the Seventh Review Cycle of the World Customs Organization (WCO), with a view to keeping the Harmonized System current with changes in technology and trade patterns. The proposals will be re- viewed by the Commission, US Customs and Border Protection (CBP), and the US Department of Commerce, Bureau of the Census (Census), for potential sub- mission by the US Government to the WCO in Brussels, Belgium.

The Commission is seeking proposals for specific modifications to the interna- tional Harmonized System (section and chapter notes, and the texts of 4-digit headings and 6-digit subheadings) that would describe new products or technolo- gies, modify or eliminate unclear or obsolete categories, or otherwise advance the goals set out by the HS Convention. No proposals for changes to US na- tional-level provisions (including Additional US Notes, 8-digit subheadings, 10- digit statistical annotations, and rates of duty) will be considered by the Commis- sion as part of this review. Interested parties, associations, and government agencies should submit specific language for proposed amendments to the HS, together with appropriate descriptive comments and, to the extent available, rele- vant trade data. The implementation of changes in the international HS by the United States is intended to be tariff neutral.

As part of this review, the Commission particularly invites proposals concerning the following matters:

 The deletion of HS headings or subheadings with low trade volume;  The creation of separate 4-digit headings or 6-digit subheadings to identify types of products that are important in international trade but are not adequately classi- fied;  The simplification of the HS, whether by the modification of provisions for greater clarity or the elimination of provisions that are difficult to administer; and/or  The suggestion of other changes that would improve the classification of prod- ucts, especially those being exported from the United States, or assist in the ad- ministration of the HS and the more uniform classification of goods internation- ally.

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The suggested deadline for submissions: March 31, 2020.

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

Investigation. No. and title Inv. 332-503 Earned Import Allowance Program: Evaluation of the Effectiveness of the Pro- gram for Certain Apparel From the Dominican Republic, Tenth Annual Review (N/RFC) Miscellaneous Tariff Bill Petition System - Proposed Information Collection; Comment Re- quest; Miscellaneous Tariff Bill Petition Submission and Comment Forms [Docket № MISC- 034] (N) Inv. 332-227 Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Con- sumers and on Beneficiary Countries (H/RFC, R) [24th report] Inv. No. TPA-105-003 United States-Mexico-Canada Agreement: Likely Impact on the U.S. Economy and Specific Industry Sector (R) [USITC Pub. No. 4889]

FDA and CBP sign agreement to improve public health and safety See article in the FDA section below. CBP receives Domestic Interested Party petition On April 3, 2019, US Customs and Border Protection (CBP) published in the Federal Register a notice [Docket No.: USCBP–2019–0012] that it has received a petition submitted on behalf of a domestic interested party requesting the re- classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of certain steel special profiles from the United Kingdom and Germany, imported for use in manufacturing forklift masts or carriages. In New York Ruling Letter (NY) N293371, dated February 8, 2018, CBP classified the steel special profiles under subheading 8431.20.00, HTSUS, as parts suitable for use solely or principally with forklifts. Petitioner contends that based on their condition as im- ported and the processing that needs to be undertaken after importation, the steel special profiles should be classified under subheading 7216.50.00, HTSUS, as hot-rolled nonalloy steel profile shapes. Petitioner further contends that the re- sult of this ruling is that the products are avoiding the application of additional du- ties for steel imposed by Presidential Proclamation 9705 of March 8, 2018, under Section 232. The CBP document invites comments with regard to the correct- ness of the current classification. Comments must be received on or before May 3, 2019.

CBP publishes quarterly interest rates On April 2, 2019, US Customs and Border Protection (CBP) published in the Federal Register a general notice that advises the public that the quarterly Inter- nal Revenue Service interest rates used to calculate interest on overdue ac- counts (underpayments) and refunds (overpayments) of customs duties will re- main the same as the previous quarter. For the calendar quarter beginning April 1, 2019, the interest rates for overpayments will be 5 percent for corporations and 6 percent for non-corporations, and the interest rate for underpayments will be 6 percent for both corporations and non-corporations. This notice is published

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for the convenience of the importing public and U.S. Customs and Border Protec- tion personnel. The rates announced in this notice are applicable as of April 1, 2019.

Miscellaneous DHS and CBP Federal Register documents The following documents not discussed above were published by Homeland Se- curity 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 DHS-CBP/Coast Guard/ICE/TSA: Civil Monetary Penalty Adjustments for Infla- 04-05-19 tion DHS: Greece Electronic System for Travel Authorization Validity Period [to 2 years] (N) 04-08-19 CBP: Agency Information Collection Activities: Administrative Rulings [OMB Control No.: 1651-0085] (N) CBP: Agency Information Collection Activities: Application for Withdrawal of 04-26-19 Bonded Stores for Fishing Vessels and Certificate of Use [OMB Control No.: 1651-0092] (N) [CBP Form 5125]

CBP issues instructions on filing the third group of Sec. 301 exclu- sions (Tranche 1) On April 19, 2019, CBP issued CSMS# 19-000212 - Submitting Imports of Third Group of Products Excluded from Section 301 Duties. It states:

BACKGROUND: On April 18, 2019, the U.S. Trade Representative published Federal Register Notice 84 FR 16310 announcing the decision to grant the third round of certain exclusion re- quests from the 25 percent duty assessed under the Section 301 investigation related to goods from China (Tranche 1). The product exclusions announced in this notice will apply as of the July 6, 2018 effective date and will extend for one year after the publication of this notice. The exclusions are available for any product that meets the description in the Annex to Federal Register Notice 84 FR 16310, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit headings and product descriptions in the Annex, and not by the product descriptions set out in any particular request for exclusion. The functionality for the acceptance of the third round of products excluded from Sec- tion 301 duties is available in the Automated Commercial Environment (ACE) as of April 18, 2019.

INSTRUCTIONS FOR FILING ENTRIES SUBJECT TO PRODUCT EXCLUSIONS: Instructions on submitting entries to CBP containing products granted exclusions by USTR from the Section 301 measures in Federal Register Notice 84 FR 16310 are as follow: In addition to reporting the regular Chapters 84, 85 & 90 classification of the Harmo- nized Tariff Schedule of the United States (HTSUS) for the imported merchandise, importers shall report the HTSUS classification 9903.88.07 (Articles the product of China, as provided for in U.S. note 20(j) to this subchapter, each covered by an exclu- sion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion. Do not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.07 is submitted.

ADDITIONAL INFORMATION:

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Duty exclusions granted by USTR are retroactive on imports to the initial effective date of July 6, 2018. To request an administrative refund for previous imports of duty- excluded products granted by USTR, importers may follow the same entry filing in- structions as above to file a Post Summary Correction (PSC) on unliquidated entry summaries. If an entry summary liquidates prior to the filling of a PSC, importers may file a protest. Reminder: When submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, please refer to CSMS 18-000657 (Entry Summary Order of Reporting for Multiple HTS in ACE). Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146. For more information, please refer to the March 25, 2019 Federal Register notice. Questions from the importing community concerning ACE entry rejections involving product exclusion numbers should be referred to their CBP Client Representative. Questions related to Section 301 entry filing requirements should be emailed to [email protected] .

CBP issues ITRAC transition to ACE information On April 29, 2019, CBP issued CSMS 19-000223 Transition of Importer Trade Activity (ITRAC) Data to ACE Reports - Information Notice. The CSMS links to the CBP ACE Information Notice - Transition of Importer Trade Activity Data to ACE Reports - April 2019, which explains the ITRAC transition and shows what data and services is and is not available during the transition period.

Revocations or modifications of CBP rulings See separate section below.

CSMS messages The following CBP Cargo Systems Messaging Service (CSMS) notices were is- sued 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# Title ACE PRODUCTION 5106 Importer Accounts Deployment, Tues 04-01-19 19-000171 4/2/2019 @0500ET 19-000172 2019 Procedures and Requirements: Implementing CBMA Harmonized Schedule Update (HSU) 1905 created on April 1, 19-000173 2019 04-02-19 19-000174 Updated 5106 (TP/TT) CATAIR and Error Dictionary Reminder: Account Management (AM) Universe to be Retired on 19-000175 Thursday, April 4, 2019 Reminder: Reconciliation Policy in regards to Post Summary Cor- 19-000176 rections and Protests 19-000177 Updated ABI Software Vendors List ACE PRODUCTION Cargo Release Deployment, Thurs 4/4/2019 19-000178 04-03-19 @0500ET Reminder ACE Account Password Reset and Account Restora- 19-000179 tion Instructions ACE CERTIFICATION deployment, Thursday Apr 4, 2019 @ 19-000180 0600 ET 19-000181 Trade Webinar – 2019 Procedures and Requirements for CBMA 04-04-19 19-000182 Collections Draft CATAIR Chapters Posted

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Date CSMS# Title Update to NMFS Rule: Designated Official List and Certification 04-05-19 19-000183 of Admissibility Form 04-09-19 19-000185 Issue with Manifesting Split Shipments across Multiple Trucks Updated ACE Development and Deployment Schedule Posted to 19-000187 CBP.gov/ACE 04-10-19 ACE PRODUCTION 5106-Importer Deployment, Thursday 19-000188 4/11/2019 @0500ET 19-000189 Denver Port Closed Wednesday, April 10, 2019 04-15-19 19-000191 Updated Drawback CATAIR Posted on CBP.GOV Update: Issue accessing Official Notice of Liquidation, Suspen- 04-16-19 19-000192 sions and Extension Bulletin [See status document here] Update: Submitting Section 232 Product Exclusions: 2018 Ex- 19-000194 pired HTS New Standard Reports will be Available to Importer & Broker 19-000195 04-17-19 ACE Account Users on 4/18/19 19-000196 Retirement of ESM-10002 Universe Delayed CBP to make trade data more accessible to ACE users [See 19-000197 ITRAC_Transition_Overview.pdf] Harmonized System Update (HSU) 1906 created on April 18, 19-000198 2019 19-000199 FDA New CBER Product Codes and Synonyms 19-000200 ACE Portal issues Update: ACE Portal Unavailability; Manifest and Inbond EDI pro- 19-000201 cessing also affected 04-18-19 19-000202 Reconciliation Filing-Free Trade Agreements (FTA) 19-000203 Reminders: Reconciliation Policy and Processing 19-000204 Downtime Procedures during ACE Portal Issues 19-000205 New Center ID Objects now available in ACE Reports 19-000206 Product Exclusions on goods from China effective 4/18/19 Update: ACE Issues impacting ACE Portal and Manifest Pro- 19-000207 cessing Resolved - Product Exclusions on goods from China effective 19-000208 4/18/19 Resolved: Issue accessing Official Notice of Liquidation, Suspen- 19-000209 sions, Extensions Bulletin 04-19-19 CBMA File Naming Conventions for Protests and Non-ABI (Pa- 19-000211 per) Entries Submitting Imports of Third Group of Products Excluded from 19-000212 Section 301 Duties FDA Downtime 4/27/19 11 PM Eastern through 4/28/19 2 AM 04-22-19 19-000213 Eastern ACE 5106-Importer PRODUCTION deployment, this morning, 04-23-19 19-000214 April 23, 2019 Bond Universe and REV-001 Report Now Available to Importers 04-24-19 19-000216 and Sureties in ACE Reports Reminder: FDA Downtime 4/27/19 11 PM Eastern through 19-000218 4/28/19 2 AM Eastern 19-000220 ACE CERTIFICATION Deployment, Sat. Apr 27, 2019 @ 2230 04-26-19 19-000221 Update to AESTIR Appendix O – DDTC ITAR Exemption Codes Reconciliation Flagging of Entry Summary types 01, 02 & 06 Is- 19-000222 sue Transition of Importer Trade Activity (ITRAC) Data to ACE Re- 19-000223 ports - Information Notice Updated AE CATAIR (Consolidated Express Filings) and Up- 04-29-19 19-000224 dated ACE Error Dictionary 19-000225 MQ issues impacting multiple trade partners 19-000226 Resolved: MQ issues impacting multiple trade partners Update: CSMS# 19-000222-Reconciliation Flagging of Entry 04-30-19 19-000227 Summary types 01, 02 & 06 Issue

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

F.R. Date Document Foreign-Trade Zone 47-Boone County, Kentucky; Notification of Proposed Pro- 04-01-19 duction Activity; BWF America, Inc. (Textile/Felt Filter Bags and Other Filter Products for Industrial Use), Hebron, Kentucky [B–18–2019] Foreign-Trade Zone 249— Pensacola, Florida; Notification of Proposed Pro- 04-03-19 duction Activity; GE Renewables North America, LLC (Wind Turbine Nacelles, Hubs, and Drivetrains); Pensacola, Florida [B-19-2019] Foreign-Trade Zone 78 – Nashville, Tennessee; Authorization of Production Activity; Calsonic Kansei North America (Automotive Parts), Shelbyville and Lewisburg, Tennessee [B-65-2018] Foreign-Trade Zone 238 – Dublin, Virginia; Notification of Proposed Production 04-05-19 Activity; EBI, LLC (Mattresses and Sofas), Danville, Virginia [B-07-2019] Foreign-Trade Zone 168 – Dallas/Fort Worth, Texas; Notification of Proposed Production Activity; Samsung Electronics America, Inc. (Packaging for Mobiles and Tablets), Coppell, Texas [B-20-2019] Approval of Expanded Subzone Status; Tesla, Inc., Livermore, California [S-15- 2019] Foreign-Trade Zone 158 – Jackson, Mississippi; Authorization of Production Activity; Calsonic Kansei North America (Automotive Parts), Canton, Missis- 04-08-19 sippi [B-67-2018] Foreign-Trade Zone 23 – Buffalo, New York; Authorization of Production Activ- ity; Panasonic Eco Solutions Solar New York America, Subzone 23E (Crystal- line Silicon Photovoltaic Cells), Buffalo, New York [B–68–2018] Foreign-Trade Zone 136 – Brevard County, Florida; Notification of Proposed Production Activity; Airbus OneWeb Satellites, LLC (Satellites and Satellite Systems); Merritt Island, Florida [B-22-2019] Foreign-Trade Zone 291 – Cameron Parish, Louisiana; Notification of 04-09-19 Proposed Production Activity; Cheniere Energy Partners, L.P. (Liquified Natural Gas), Cameron, Louisiana [B-21-2019] Foreign-Trade Zone 281 – Miami, Florida; Application for Subzone; GDI Technology, Inc., Miami, Florida [S-50-2019] Approval of Subzone Status; WPG Americas Inc., Southaven, Mississippi [S– 23–2019] Foreign-Trade Zone 122—Corpus Christi, Texas; Authorization of Production Activity; Gulf Coast Growth Ventures LLC (Ethylene, Polyethylene and Mo- 04-16-19 noethylene Glycol and Related Co-Products), San Patricio County, Texas [B– 72–2018] Foreign-Trade Zone 38—Mount Pleasant, South Carolina; Notification of Pro- posed Production Activity; Electrolux Home Products, Inc. (Appliances), Ander- son, South Carolina [B–23–2019] Foreign-Trade Zone 116 -- Port Arthur, Texas; Application for Expansion [B-24- 04-17-19 2019] Foreign-Trade Zone 80 – San Antonio, Texas; Notification of Proposed Produc- tion Activity CGT U.S., Ltd. (Polyvinyl Chloride (PVC) Coated Upholstery Fabric Cover Stock) New Braunfels, Texas [B-25-2019] Foreign-Trade Zone 167 – Green Bay, Wisconsin; Notification of Proposed Production Activity ProAmpac Holdings, Inc. (Flexible Packaging Applications) 04-18-19 Neenah and Appleton, Wisconsin [B-26-2019] Foreign-Trade Zone 124 - Gramercy, Louisiana; Application for Subzone Off- shore Energy Services, Inc. Broussard, Louisiana [B-27-2019] Approval of Subzone Expansion; Swagelok Company , Ohio [S-21- 2019] Foreign-Trade Zone 52—Suffolk, County, New York; Authorization of Produc- 04-19-19 tion Activity; LNK International, Inc. (Pharmaceutical Products), Hauppauge, New York [B-70-2018]

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F.R. Date Document Foreign-Trade Zone 230— Greensboro, North Carolina; Authorization of Pro- duction Activity; Patheon Softgels (Pharmaceutical Products), High Point, North Carolina [B-71-2018] Approval of Expansion of Subzone 279A; Thoma-Sea Marine Constructors, 04-26-19 L.L.C., Houma and Lockport, Louisiana [S-29-2019] Approval of Subzone Status; Lexmark International, Inc., Longmont, Colorado 04-29-19 [S-35-2019] Foreign-Trade Zone 18 – San Jose, California Authorization of Production Ac- tivity Bloom Energy Corporation (Commercial Fuel Cells and Related Subas- semblies) Sunnyvale and Mountain View, California [B-74-2018] 04-30-19 Foreign-Trade Zone 87 – Lake Charles, Louisiana; Authorization of Production Activity Driftwood LNG, LLC (Liquified Natural Gas Processing) Sulphur, Louisi- ana [B-75-2018]

DoD prohibits acquisition of certain magnets and tungsten On April 30, 2019, the Department of Defense, Defense Acquisition Regulations System, published in the Federal Register an interim rule [Docket DARS-2019- 0016] amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2019 that prohibits acquisition of certain magnets and tungsten from North Korea, China, Russia, and Iran.

NRC clarifies export reporting for nuclear facilities, equipment and non-nuclear materials On April 2, 2019, the Nuclear Regulatory Commission (NRC) published in the Federal Register a document [NRC–2018–0113] that states it is issuing a Regu- latory Issue Summary (RIS) 2019–01, ‘‘Clarification of Export Reporting Require- ments for Nuclear Facilities, Equipment, and Non-Nuclear Materials.’’ This RIS is intended to clarify the reporting requirements for certain exports of nuclear facili- ties, equipment, and non-nuclear materials. The NRC’s regulations state, in part, that licensees exporting nuclear facilities, equipment, and certain non-nuclear materials under a general or specific license during the previous quarter must submit reports by January 15, April 15, July 15, and October 15 of each year on DOC/NRC Forms AP–M or AP 13, and associated forms. The RIS includes infor- mation relating to this reporting requirement and clarifies that the quarterly report- ing requirement is in addition to, and not obviated by, the separate NRC annual reporting requirement in its regulations. The evaluation of comments filed when an opportunity to comment was published (83 Fed. Reg. 26611) on June 8, 2018. and the resulting changes to the RIS are discussed in a publicly available memo- randum in ADAMS under Accession No. ML18269A255.

The RIS is available as of April 2, 2019.

OFAC issues regulations on sanctions for foreign interference with US elections On April 29, 2019, the Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule adding regulations to implement Executive Order 13848 of September 12, 2018. OFAC is issuing the Foreign Interference in U.S. Elections Sanctions Regulations, 31 C.F.R. part 579 (the “Regulations”), to im- plement E.O. 13848, pursuant to authorities delegated to the Secretary of the Treasury in E.O. 13848.

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The Regulations are being published in abbreviated form at this time for the pur- pose of providing immediate guidance to the public. OFAC intends to supplement part 579 with a more comprehensive set of regulations, which may include addi- tional interpretive and definitional guidance, general licenses, and statements of licensing policy. The appendix to the Regulations will be removed when OFAC supplements part 579 with a more comprehensive set of regulations.

US will not reissue sanctions waivers for countries importing Iranian oil On April 22, 2019, the Trump Administration announced that the US government will not reissue the significant reduction exceptions (SREs) that have allowed en- ergy companies in China, India, Italy, Greece, Japan, , Taiwan, and Turkey to purchase Iranian oil without being subject to relevant US sanctions. The current waivers will expire on May 2, 2019.

The Trump Administration issued SREs on November 5, 2018, in tandem with the reimposition of sanctions targeting Iran, as discussed in our previous blog post here. The SREs are waivers of sanctions that would otherwise be imposed on non-US financial institutions that conduct or facilitate significant transactions with the Central Bank of Iran related to purchases of Iranian petroleum or petro- leum products, under Section 1245(d) of the National Defense Authorization Act of Fiscal Year 2012 (NDAA 2012). Section 1245(d) of NDAA 2012 provides for an exception to these sanctions if the President determines that the country with primary jurisdiction over the financial institution has “significantly reduced” its crude oil purchases from Iran. Funds from SRE-exempt transactions must be held in an account in the SRE country and may only be used for bilateral trade between Iran and the SRE country or the purchase of humanitarian goods.

Under Executive Order 13846 of August 6, 2018, sanctions on non-US persons who engage in any significant transaction for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran would not apply to non-US persons in an SRE country. The Trump Administration issued the current SREs to countries deemed to have demonstrated significant reduc- tions in the purchase of Iranian crude oil during the six months preceding Novem- ber 2018.

In its fact sheet about the SRE discontinuation, the Trump Administration stated that oil revenues have helped to finance Iran’s nuclear weapons and ballistic mis- sile programs. Currently, India, China, South Korea, Japan and Turkey continue to import large amounts of Iranian oil. The decision not to reissue the SREs is part of a recent ramp-up of economic pressure on Iran by the Trump Administra- tion, following designation of the Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization, discussed in our blog post here.

If you have any questions, please contact the authors, Terence Gilroy, Alexandre (Alex) Lamy and Callie Lefevre, or any member of the US Outbound Trade group with whom you normally work.

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8465028-v6\WASDMS Baker McKenzie Trump Administration to end suspension of Title III of Helms-Burton and impose additional restrictions on Cuba On April 17, 2019, the Trump Administration announced several decisions that mark a significant shift in US policy toward Cuba, most notably by declaring that the United States will no longer suspend Title III of the LIBERTAD Act of 1996, which is also known as the Helms-Burton Act.

Title III of the Helms-Burton Act authorizes US nationals (including Cubans who have since become US nationals) who formerly owned commercial property ex- propriated by the Cuban Government after the country’s 1959 communist revolu- tion to file suit in US courts against persons (including non-US companies) that may be “trafficking” in that property. For purposes of Title III, a person “traffics” in confiscated property if that person knowingly and intentionally, without the au- thorization of any US national who holds a claim to the property:

1. Sells, transfers, distributes, dispenses, brokers, manages, or otherwise disposes of confiscated property, or purchases, leases, receives, possesses, obtains con- trol of, manages, uses, or otherwise acquires or holds an interest in confiscated property; 2. Engages in a commercial activity using or otherwise benefiting from confiscated property; or 3. Causes, directs, participates in, profits from or otherwise engages in, trafficking by or through another person.

While the definition of “trafficking” is very broad, it does not include the delivery of international telecommunication services to Cuba, transactions incident to lawful travel to Cuba, or transactions by a person who is a citizen and resident of Cuba and who is not an official of the Cuban Government or the ruling political party in Cuba. Title III does not generally authorize suits regarding real property used for residential purposes. The aim of Title III is effectively to prevent investment in Cuba by threatening investors with potential lawsuits for trafficking in confiscated property.

The universe of potential Title III lawsuits is expansive. It includes potential law- suits made in connection with the almost 6,000 confiscated property claims that were “certified” by the Department of Justice’s Foreign Claims Settlement Com- mission (FCSC) under its now-closed Cuba program, which the State Depart- ment estimates have a total value of approximately $8 billion with interest. Certifi- cation of a claim by the FCSC constitutes conclusive proof of ownership in Title III litigation. The universe of potential Title III lawsuits also includes those made in connection with “uncertified” property claims, which are those held by US na- tionals but not certified by the FCSC. The State Department estimated in 1996 that there may be between 75,000 and 200,000 such uncertified claims and to- day estimates that the value of those claims could be in the tens of billions of dol- lars.

Since its passage in 1996, every US Administration has permitted a Title III cause of action to accrue but has suspended the right to file a lawsuit under Title III for successive six-month periods until February 1, 2019, when the Trump Ad- ministration suspended the right to file a Title III lawsuit for only 45 days. On March 4, 2019, Secretary of State Pompeo announced an extension of the sus- pension to April 17, 2019 that would not, however, apply to Cuban entities and sub-entities included on the Department of State’s List of Restricted Entities and Sub-entities Associated with Cuba (the “Cuba Restricted List,” available here) af- ter March 29, 2019. Please see our prior blog post on this development here.

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Finally, on April 17, 2019, the Trump Administration announced that effective May 2, 2019, it would no longer suspend the right to file a lawsuit under Title III. In addition, the Administration also announced:

 the continued implementation of Title IV of the Helms-Burton Act, which has never been suspended and which provides that entry into the United States will be denied to non-US persons who have trafficked in confiscated property to which US nationals own claims;  the addition of five entities owned by the Cuban military to the Cuba Restricted List, which was subsequently updated on April 24, 2019 to include the following:  Hotel Santa Isabel  Hotel El Caney Varadero  Meliá Marina Varadero Apartamentos  Aerogaviota  Diving Center – Marina Gaviota;  a cap on remittances to Cuba;  the prohibition of dollar transactions involving Cuba through third-party financial institutions; and  restrictions on non-family travel to Cuba.

With the exception of the additions to the Cuba Restricted List, the details of these changes have not yet been clarified or implemented.

The EU Blocking Regulation and Helms-Burton

Due to concerns around the extra-territoriality of the Helms-Burton provisions, the European Union brought into force in 1996 Regulation 2271/96 (the “Blocking Regulation”) shortly after the Helms-Burton Act was passed. At a high level, the Blocking Regulation prohibits direct and indirect compliance with certain extra- territorial laws specified in the Annex of the Regulation. This Annex includes Title III.

The penalties for violations under the Blocking Regulation vary among different EU Member States. For example, in the UK, compliance with blocked US sanc- tions, including the Helms-Burton Act, is a criminal offence and can result in an unlimited fine on indictment. In a number of EU Member States, only administra- tive penalties can be imposed. Overall, across all EU Member States, there has been very limited enforcement of any breaches of the Blocking Regulation. We are not aware of any conviction for breaches of the Blocking Regulation. It is also worth noting that contractual clauses which seek to comply with the blocked US sanctions (and hence violate the Blocking Regulation) would most likely be con- sidered to be unenforceable.

In addition to targeting US sanctions against Cuba, the Blocking Regulation also seeks to neutralize the effect of certain sanctions against Iran. Please see our prior blog entries on the operation of the Blocking Regulation in this con- text here and here.

The Canadian Foreign Extraterritorial Measures Act and Helms-Burton

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On October 9, 1992, Canada issued the Foreign Extraterritorial Measures (United States) Order, 1992 (the “Order”) under the Foreign Extraterritorial Measures Act (FEMA). The Order makes it an offence for Canadian corporations to comply with the US laws against Cuba. A “Canadian corporation” is defined as a corporation that is registered or incorporated under the laws of Canada or of a province and that carries on business in whole or in part in Canada.

After the passage of the Helms-Burton Act, Canada made further amendments to FEMA that took effect on January 1, 1997. Those amendments, as they would apply to actions commenced under Title III, allow the Attorney-General of Can- ada to:

 issue “blocking” orders declaring that judgments handed down under Title III would not be enforced or recognized in Canada;  issue orders restricting or prohibiting the production of records or the giving of in- formation in Canada in relation to the enforcement of Title III actions in the United States; and  allow Canadians to recover in Canadian courts any amounts awarded under Title III rulings, along with their own court costs in Canada and in the United States. This measure is known as “clawback”.

The implementation of Title III could have significant implications for certain Ca- nadian companies. For example, Canadian companies who are found by a U.S. federal district court to be “trafficking” in “confiscated property” may be subject to significant damage awards. While the enforceability of such awards against as- sets located in Canada is questionable, given the FEMA and the Order, assets of Canadian corporations located in the United States are at risk. As a result of the heightened scrutiny around Cuba, Canadian companies should be closely re- viewing any activities related to Cuba and their potential exposure to Title III claims in the United States. Similarly, any urge simply to “comply with US law” must be tempered by the Order, which Canadian corporations must abide by.

Evaluating Risks and Options

Companies that operate in or with Cuba may be at risk under Title III if their activ- ities utilize confiscated property, whether directly or indirectly. Such companies should consider:  Analyzing which parts of their Cuba-related business may touch on confiscated property and assessing whether those contacts are direct or indirect;  Reviewing the terms under which they engage in Cuba-related business to deter- mine options to terminate such business on short notice, potential financial con- sequences of such termination, and the possible application of blocking statutes in certain jurisdictions;  Assessing the possibility of using “claw-back” provisions if they are based in a ju- risdiction that has instituted blocking statutes against the Helms-Burton Act; and  Instituting additional protective measures for ongoing or future Cuba-related ac- tivities, such as obtaining representations and warranties and remedies for breach, from partners, suppliers, vendors and other counterparties in Cuban transactions, confirming the absence of — or requiring the disclosure of — con- fiscated property that may be implicated.

For additional information, please contact the authors: Janet K. Kim, Paul D. Burns, Sunny Mann, Brian Cacic, Lise S. Test, Daniel Andreeff or any Baker

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McKenzie attorney with whom you normally work on trade sanctions and related issues.

State revises ITAR for government transfers On April 19, 2019, the Department of State published in the Federal Register a final rule [Public Notice: 10363] amending the International Traffic in Arms Regu- lations (ITAR) to revise the licensing exemption for transfers made by or for an agency of the US Government. The final rule revises ITAR § 126.4 to clarify when exports, reexports, retransfers, temporary imports, and performance of a defense service (collectively described as “transfers”) may be made by or for an agency of the US Government without a license, including by employees of the US Government in the performance of their official duties. The rule expands the scope of this exemption to allow for permanent exports, reexports, and retrans- fers, in addition to temporary exports and imports, and to allow transfers by third parties acting for the US Government. In addition, the rule revises the section heading from shipments to transfers to reflect the scope of the exemption.

State updates List of Entities and Subentities Associated with Cuba (Cuba Restricted List) On April 24, 2019, the Department of State published in the Federal Register a notice updating its List of Restricted Entities and Subentities Associated with Cuba (Cuba Restricted List) with which direct financial transactions are generally prohibited under §515.209 of the Cuban Assets Control Regulations (CACR). This Cuba Restricted List is also considered during review of license applications submitted to the Commerce’s Bureau of Industry and Security (BIS) pursuant to the Export Administration Regulations (EAR). BIS will generally deny applications to export or re-export items for use by entities or subentities identified on the Cuba Restricted List.

This update includes five additional subentities. This is the third update to the Cuba Restricted List since it was published November 9, 2017 (82 Fed. Reg. 52089). The first update of 26 additional subentities and five amendments was published November 15, 2018 (see 83 Fed. Reg. 57523), and the second update of five additional subentities was publish March 9, 2019 (see 84 Fed. Reg. 8939).

OFAC designates Central Bank of Venezuela and other Venezue- lan and Nicaraguan parties, issues and amends Venezuelan Gen- eral Licenses, and issues FAQ On April 17, 2019, the US Treasury Department’s Office of Foreign Assets Con- trol (OFAC) continued its escalation of sanctions against Venezuela and Nicara- gua through the designation of additional parties as Specially Designated Nation- als (SDNs). OFAC issued two Venezuelan general licenses (GLs), amended certain Venezuelan GLs, and issued one FAQ, as further described below. A summary of OFAC’s measures is available here, and a related press release is- sued by the White House is available here.

As a result of SDN designations, all of the property and interests in property within US jurisdiction of the designated individuals and entities are blocked. “US Persons” are generally prohibited from engaging in transactions with SDNs and any entities 50 percent or more owned by SDNs. “US Persons” include (i) enti- ties organized under US laws and their non-US branches, (ii) individuals or enti- ties in the United States, or (iii) US citizens or permanent resident aliens (“Green Card” holders) wherever located or employed. Non-US Persons may be liable

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under the sanctions if they “cause” SDN-related transactions to occur in whole or in part in the United States.

Developments under US Sanctions Targeting Venezuela

OFAC designated state-owned and controlled bank Banco Central de Venezuela, or the Central Bank of Venezuela, pursuant to Executive Order (EO) 13850 of November 1, 2018, as amended by EO 13857 of January 25, 2019, for operating in the financial sector of the Venezuelan economy. In addition, OFAC desig- nated the Central Bank of Venezuela’s Director, Iliana Josefa Ruzza Terán un- der EO 13692 of March 8, 2015, as amended, for being a Venezuelan Govern- ment official. OFAC’s press release on the Venezuelan designations acknowledge that the designation will inhibit most Central Bank of Venezuela ac- tivities undertaken by the illegitimate Maduro regime, but states that the US Gov- ernment has taken steps to ensure regular debit and credit card transactions, personal remittances, and humanitarian assistance can continue.

To that end, OFAC also issued two new GLs authorizing certain transactions re- lated to the Central Bank of Venezuela, and amended five other GLs, as summa- rized below. These descriptions are not exhaustive; each GL should be reviewed in detail before relying on the authorizations contained therein. The two new GLS are as follows:

 GL 19 authorizes all transactions and activities ordinarily incident and necessary to the wind-down of operations, contracts, or other agreements that were in place prior to April 17, 2019, and involve the Central Bank of Venezuela. (Valid through May 16, 2019.)

 GL 20 authorizes all transactions and activities that are for the official business of the following entities listed below:  CAF Development Bank of Latin America  Fondo Latinoamericano de Reservas  Inter-American Development Bank  International Committee of the Red Cross

 International Federation of the Red Cross and Red Crescent Societies  International Monetary Fund  Organization of American States  United Nations and its specialized agencies, programs, funds, and related organizations  World Bank

GL 20 automatically renews on the first day of each month, and is valid for a pe- riod of 18 months from the effective date of GL 20 (i.e., 18 months from April 17, 2019 or October 17, 2020) or the day of any subsequent renewal of GL 20, whichever is later.

OFAC amended the following five GLs:

 GL 3D and GL 9C were re-issued as GL 3E and GL 9D to explicitly reference the application of the GLs in connection with the Central Bank of Venezuela. The amended licenses extend the expiration of the provisions therein relating to the wind-down of certain financial contracts or other agreements involving the bonds listed in the Annex to GL 3E (“GL 3E Bonds”) and trades in certain securities

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from May 10, 2019 to September 30, 2019. GL 3E also clarifies that GL 3E does not authorize US Persons to sell, or to facilitate in the sale of, the GL 3E Bonds to, directly or indirectly, any person whose property and interests in prop- erty are blocked pursuant to EO 13850, including the Central Bank of Venezuela, Petróleos de Venezuela S.A. (“PdVSA”), or any entities in which the Central Bank of Venezuela or PdVSA owns, directly or indirectly, a 50 percent or greater interest. (Valid through September 29, 2019). Our prior blog posts on the earlier GLs, including the scope of these GLs, are here, here, here, here, and here.

 GL 4A was re-issued as GL 4B. GL 4B continues to authorize US Persons to en- gage in certain transactions related to, the provision of financing for, and other dealings in new debt prohibited under EO 13808 of August 24, 2017 related to the export or reexport from the United States or by US Persons of agricultural commodities, medicine, medical devices, or replacement parts and components for medical devices to Venezuela, or to persons in third countries purchasing specifically for resale to Venezuela. GL 4B now authorizes such transactions where the Central Bank of Venezuela is involved. These exports and reexports must be licensed or otherwise authorized under the Export Administration Regu- lations, 15 C.F.R. Parts 730-774. (No expiration date.) Our prior blog posts on the earlier GLs are here and here.  GL 15 was reissued as GL 15A and has been amended to add the Central Bank of Venezuela and its subsidiaries to the list of entities authorized to transact with the following companies: (i) MasterCard Incorporated, (ii) Visa Inc., (iii) American Express Company, (iv) Western Union Company, and (v) MoneyGram Interna- tional. (Valid through March 21, 2020).

 GL 16 was re-issued as GL 16A. GL 16A has been amended to authorize all transactions and activities ordinarily incident and necessary to processing per- sonal remittances with the Central Bank of Venezuela. (Valid through March 21, 2020). However, GL 16A does not authorize maintaining, operating, or closing accounts of the Central Bank of Venezuela although GL 16A continues to author- ize maintaining, operating, or closing accounts of the other banks within the scope of this GL.

Lastly, OFAC issued a new FAQ 665, which clarifies that due to the amendments to the GLs and the issuance of a new GL (GL 20), the designation of the Central Bank of Venezuela does not restrict the ability of US Persons to engage in or fa- cilitate the provision of humanitarian assistance or non-commercial, personal re- mittances to Venezuela.

Developments under US Sanctions Targeting Nicaragua

OFAC also designated Laureano Ortega Murillo, the son of Nicaraguan President Daniel Ortega, as well as Nicaraguan bank Banco Corporativo SA (“BanCorp”) under EO 13851 of November 27, 2018. OFAC’s press release states that the designations were made for the parties’ continued support of the Ortega regime, which continues to engage in corruption, violence, and human rights viola- tions. In the same press release, OFAC noted that BanCorp, as a subsidiary of Albanisa, is ultimately owned by PdVSA, and thus was already blocked due to the application of the 50 percent rule following the designation of PdVSA on Jan- uary 28, 2019.

If you have any questions, please contact one of the authors, Nicholas F. Cow- ard, Eunkyung Kim Shin and Meghan Hamilton or any member of the US Out- bound Trade group with whom you normally work.

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8465028-v6\WASDMS Baker McKenzie Trump Administration designates Iran’s Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization On April 8, 2019, the Trump administration escalated pressure on Iran by an- nouncing its plan to designate1 the Islamic Revolutionary Guard Corps (IRGC) as a Foreign Terrorist Organization (FTO) under Section 219 of the Immigration and Nationality Act. The designation marks the first time the United States has branded a foreign government military entity a terrorist group. In retaliation, Iran designated US forces in the Middle East as a terrorist group.

The designation of the IRGC as an FTO only has limited additional US sanctions compliance impact given that the IRGC is already listed on the Specially Desig- nated Nationals and Blocked Persons List (SDN List) under a number of sanc- tions authorities. Most recently, the IRGC was designated under the Global Ter- rorism Sanctions Regulations. See our prior blog post on this designa- tion here. The IRGC is also blocked under Executive Orders 13382 (relating to WMD proliferation), 13553 (Iranian human rights abuses), 13606 (Iranian and Syrian human rights abuses via information technology), and 13224 (counterter- rorism). The FTO designation has the following additional consequences:

 Material Support or Resources. The FTO designation makes it a crime to provide “material support or resources” to the IRGC including any property, tangible or intangible, or service, including currency or monetary instruments or financial se- curities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individu- als who maybe or include oneself), and transportation, except medicine or reli- gious materials.

 The Justice Department said Monday it would support the Administration’s efforts in designating the IRGC as an FTO. The IRGC is involved in a wide range of projects in various sectors of Iran’s economy, including construction, automotive, telecommunications, and energy. The IRGC’s designation as an FTO could ex- pose parties subject to the jurisdiction of the United States and engaged in trans- actions with the IRGC to criminal prosecution for providing material support to the IRGC.  Inadmissible and Removable. Representatives and members of the IRGC, if they are aliens (i.e., non-US citizens or nationals), are inadmissible to and, in certain circumstances, removable from the United States.  Blocking. Upon notification to Congressional leaders, the Secretary of the Treas- ury may require United States financial institutions possessing or controlling any assets of IRGC included in the notification to block all financial transactions in- volving those assets until further directive from either the Secretary of the Treas- ury, Act of Congress, or order of court. This blocking requirement overlaps with existing blocking requirements pursuant to the IRGC’s listing on the SDN List. For additional information, contact the authors, Andrea Tovar, Inessa Owens or Paul E. Amberg, or any member of the Outbound Trade group with whom you normally work.

1/ On April 15, 2019, the State Department published in the Federal Register a notice enti- tled, In the Matter of the Designation of the Islamic Revolutionary Guard Corps (and Other Aliases) as a Foreign Terrorist Organization [Public Notice: 10735], which designates the IRGC under various names as an FTO.

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8465028-v6\WASDMS Baker McKenzie BIS revises Unverified List (UVL) On April 11, 2019, the Bureau of Industry and Security (BIS) published in the Federal Register a final rule [Docket No. 190130021–9021–01] amending the Ex- port Administration Regulations (EAR) by adding fifty (50) persons to the Unveri- fied List (UVL), removing ten (10) persons, and adding an additional address for one (1) person currently listed on the UVL. The fifty persons are added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the US Govern- ment’s control. BIS is adding a new address for one person as BIS has deter- mined that this person is receiving exports from the United States at an additional address.

Restrictive measures and additions to OFAC, State BIS blocking or- ders, designations, sanctions and entity lists During the past month, the following notices adding, removing or continuing per- sons (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

STATE: In the Matter of the Designation of the Islamic Revolutionary Guard 04-15-19 Corps (and Other Aliases) as a Foreign Terrorist Organization [Public Notice: 10735] (N) 04-16-19 OFAC: Notice of OFAC Sanctions Actions (N) [1 individual, 2 entities] OFAC: Notice of OFAC Sanctions Action (N) [1 individual] 04-19-19 OFAC: Notice of OFAC Sanctions Actions (N) [2 individuals] OFAC: Notice of OFAC Sanctions Actions (N) [7 individuals, 1 entity] STATE: Updating the State Department’s List of Entities and Subentities Associ- 04-24-19 ated with Cuba (Cuba Restricted List) [Public Notice 10741] (N)

Orders denying export privileges During the past month, the following orders were published:

F.R. Date Subject In the Matter of: Arnoldo Antonio Arredondo … Order Denying Export Privileges 04-01-19 In the Matter of: Mohan L. Nirala, … Order Denying Export Privileges

Treasury, Commerce, 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; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOME- LAND SECURITY; STATE=DEPARTMENT OF STATE. [Note: Only meetings which occur after scheduled distribution of this Update are listed.]

F.R. Date Subject 04-01-19 BIS: Technical Advisory Committees; Notice of Recruitment of Members (N) ITA: Call for Applications for the International Buyer Program Quarter 4 Calen- 04-04-19 dar Year 2019 [Docket No.: 190319246-9246-01] (N) ITA: Announcement of May through November 2019 International Trade Admin- 04-09-19 istration Trade Missions (N)

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F.R. Date Subject ITA: Renewable Energy and Energy Efficiency Advisory Committee (N/H) [May 04-12-19 7, 2019] BIS: Submission for OMB Review; Comment Request: Chemical Weapons Con- 04-15-19 vention Declaration and Report Handbook and Forms [OMB Control No,: 0694- 0091] (N) STATE: 60-Day Notice of Proposed Information Collection: Application for the Permanent Export, Temporary Export, Temporary Import, or Brokering of De- fense Articles, Defense Services, and Related Technical Data [Public Notice: 04-19-19 10728] (N/RFC) ITA: Meeting of the Civil Nuclear Trade Advisory Committee (N/H) [May 6, 2019] NIST: Visiting Committee on Advanced Technology (N/H) [June 4, 2019] ITA: Notice of Charter Renewal of the U.S. Investment Advisory Council and So- 04-22-19 liciting Nominations for Members (N) ITA: Environmental Technologies Trade Advisory Committee (ETTAC) Public 04-24-19 Meeting (N/H) [May 15, 2019] BIS: Materials Technical Advisory Committee; Notice of Open Meeting (N/H) [May 9, 2019] BIS: Materials Technical Advisory Committee; Notice of Partially Closed Meeting (N/H) [May 9, 2019] 04-25-19 TREASURY: Agency Information Collection Activities; Submission for OMB Re- view; Comment Request; Financial Recordkeeping and Reporting of Currency and Report of Foreign Bank and Financial Accounts [OMB Control No.: 1506- 0009] [FinCEN Form 114] STATE: Meeting of the United States-Korea Environmental Affairs Council and 04-29-19 Environmental Cooperation Commission [Public Notice: 10752] (N) [May 13, 14] OFAC: Proposed Collection; Comment Request for Remittance Forwarding Ser- vices and Travel and Carrier Services to Cuba [OFAC-2019-0002 and OMB Control Numbers 1505-0167 and 1505-0168] (N) 04-30-19 ITA: Submission for OMB Review; Comment Request - Interim Procedures for Considering Requests from the Public under the Textile and Apparel Safeguard Provision of the United States- Korea Free Trade Agreement [OMB Control No.: 0625-0269] (N)

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

F.R. Date Subject CPSC: Petition Requesting Rulemaking to Amend Safety Standard for Walk-Be- 04-09-19 hind Power Lawn Mowers [Docket No. CPSC-2019-0007] (PR) CPSC: Request for Information About Possible Exemptions From Testing and 04-23-19 Other Changes to the Standard for the Flammability of Clothing Textiles [Docket No. CPSC–2019–0008] (RFI)

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

Date Subject ATF: Removal of Expired Regulations Concerning Commerce in Firearms and 04-01-19 Ammunition and Machine Guns, Destructive Devices, and Certain Other Fire- arms [Docket No. ATF 2014R–42; AG Order No. 4419–2019] (FR)

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Date Subject ATF: Removal of Expired Regulations [Docket No. ATF 2017R-21; AG Order 04-08-19 No. 4425-2019] (FR) TTB: Civil Monetary Penalty Inflation Adjustment—Alcoholic Beverage Labeling 04-11-19 Act [Docket No. TTB–2019–0002; Notice No. 180] (N) 04-25-19 TTB: Industry Circular 2019-1, Hemp Ingredients in Alcohol Beverage Formulas

FDA posts overview of new SUPPORT Act authority On April 12, 2019, the US Food and Drug Administration (FDA) posted on its website an Overview of the SUPPORT Act Provisions Related to Imports. The SUPPORT (Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment [SUPPORT] for Patients and Communities) Act was enacted on October 24, 2018. The overview states that:

This new law grants FDA additional import authorities that FDA believes will meaning- fully advance efforts to stop illegal and unsafe drugs from being imported into the United States. For example, the SUPPORT Act includes:  Improvements to the infrastructure and resources of International Mail Facili- ties (IMFs);  Authority to treat an FDA-regulated article as a drug if that article contains an active ingredient that is found in an FDA-approved drug or licensed biologic, and the ingredient presents a significant public health concern;  Authority for FDA to debar people who have been convicted of a felony in- volving illegal importation of drugs or controlled substances, or who have en- gaged in a pattern of illegally importing controlled substances or certain adulterated or misbranded drugs; and  Authority for FDA to treat any imported drugs as illegal from a person who has engaged in a pattern of importing adulterated or misbranded drugs if the shipments are from the same manufacturer, distributor, or importer.

FDA and CBP sign agreement to improve public health and safety On April 4, 2019, the US Food and Drug Administration (FDA) announced that the FDA and US Customs and Border Protection (CBP) leaders signed an agree- ment to maximize inspection and detection capabilities in order to prevent illegal and harmful products entering the US through the nation’s International Mail Fa- cilities (IMFs) and Ports of Entry that pose a threat to public health. Through this joint effort, each agency will work toward enhancing knowledge-transfer to in- crease efficiency, reduce duplication of efforts and facilitate mission responsibili- ties. Collaboration on shared laboratory space, scientific equipment and facilities, along with intellectual, historical and institutional knowledge will optimize the re- sources at each agency’s disposal. The announcement said in part:

Most mail arrives in an IMF without advanced or specific identifying information. The FDA uses advanced screening technology to assess the contents of these packages and to increase efficiency of the agency’s overall investigational capabilities. The FDA and CBP will expand how information is shared between the agencies to identify trends which can target future entries. This may include general data points on frequent countries of origin, as well as specific products and volumes of packages at each location. An additional focus of this effort will be coordinating shared space as well as in- creased scientific presence at high-risk/high-volume IMF locations, helping to facili- tate and support real-time entry decisions and increased data sharing. Additionally, the FDA and CBP will enhance coordination around efforts to identify violative pack- ages and develop new targeting and enforcement strategies at Ports of Entry.

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In Fiscal Year 2018, FDA staff posted at the IMFs around the country examined pack- ages from more than 180 countries. Approximately 90 percent of the packages re- viewed by the FDA contained products that should not have been entering the coun- try. There are currently nine IMF locations across the U.S., with one location in Florida, Hawaii, Illinois, New Jersey, New York, Puerto Rico, U.S. Virgin Islands respectively and two locations in California. CBP provides security and facilitation operations at 328 Ports of Entry throughout the country.

FDA Federal Register documents The FDA has posted the following Federal Register guides, notices or documents which may be of interest to international traders:

F.R. Date Subject Reinstatement of Color Additive Listing for Lead Acetate [Docket No. FDA– 04-01-19 2017–C–1951] (FR) Implementing the Food and Drug Administration Food Safety Modernization Act; 04-02-19 Technical Amendment [Docket Nos. FDA–2011–N–0920, FDA– 2011–N–0921, and FDA–2011–N–0922] (FR) Scientific Data and Information About Products Containing Cannabis or Canna- bis-Derived Compounds; Public Hearing; Request for Comments [Docket No. 04-03-19 FDA–2019–N–1482] (N/H/RFC) Beverages: Bottled Water [Docket No. FDA–2018–N–1815] (PR) Modifications to Compliance Policy for Certain Deemed Tobacco Products; Ex- 04-09-19 tension of Comment Period [Docket No. FDA-2019-D-0661] (N/E) Safety and Effectiveness of Consumer Antiseptic Rubs; Topical Antimicrobial 04-12-19 Drug Products for Over-the-Counter Human Use [Docket No. FDA–2016–N– 0124 (formerly part of Docket No. FDA–1975–N–0012)] (FR) Listing of Color Additives Exempt From Certification; Synthetic Iron Oxide; Con- firmation of Effective Date [Docket No. FDA-2017-C-6238] (FR) Sunscreen Drug Products for Over-the-Counter Human Use; Extension of Com- ment Period [Docket No. FDA-1978-N-0018 (formerly Docket No. FDA-1978-N- 0038)] (PR/E) 04-18-19 Sunscreen Drug Products for Over-the-Counter Human Use; Correction [Docket No. FDA-1978-N-0018 (formerly Docket No. FDA-1978-N-0038)] (PR/C) The Declaration of Allulose and Calories from Allulose on Nutrition and Supple- ment Facts Labels: Draft Guidance for Industry; Availability [Docket No. FDA- 2019-D-0725] (N) Initiation of Voluntary Recalls Draft Guidance for Industry and Food and Drug 04-24-19 Administration Staff; Availability [Docket No. FDA-2018-D-2074] (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 inter- national 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 FSIS: Eligibility of Honduras to Export Poultry Products to the United States 04-05-19 [Docket No. FSIS-2017-0026] (FR) AMS: Mango Promotion, Research and Information Order; Referendum on In- clusion of Frozen Mangos [Document Number AMS-SC-18-0023C] (N) 04-09-19 FSIS: Availability of FSIS Food Product Dating Fact Sheet [Docket No. FSIS- 2019-0009] (N)

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F.R. Date Subject APHIS: Notice of Availability of an Environmental Assessment; Importation of 04-10-19 Plants in Approved Growing Media Into the United States [Docket No. APHIS– 2018–0101] (N/RFC) AMS: Paper and Paper-Based Packaging Promotion, Research and Information Order; Change in Membership and Nominations [Document Number AMS–SC– 18–0072] (PR) 04-12-19 FSIS: Publication Method for Lists of Foreign Countries Eligible To Export Meat, Poultry, or Egg Products to the United States [Docket No. FSIS–2018–0027] (PR) APHIS: Notice of Proposed Revision to Import Requirements for the Importation of Fresh Fragrant Pears From China Into the United States [Docket No. APHIS- 04-17-19 2017-0103] (N) FSIS: Rescission of Dual Labeling Requirements for Certain Packages of Meat and Poultry [Docket Number FSIS-2018-0012] (PR) AMS: Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida and 04-18-19 Imported Grapefruit; Change in Grade and Size Requirements [Doc. AMS-SC- 18-0046; SC18-905-3 FR] (FR) AMS: United States Standards for Grades of Processed Vegetables [Document 04-19-19 No. AMS–FV–14–0088, SC– 19–328] (F notice) AMS: Mushroom Promotion, Research, and Consumer Information Order; Real- 04-24-19 location of Council Membership [Document No. AMS-SC-18-0009] (FR) [pro- vide for equitable representation of producers and importers] APHIS: User Fees for Agricultural Quarantine and Inspection Services [Docket 04-26-19 No. APHIS-2013-0021] (Interpretive Rule/RFC) FSIS: The Public Health Information System (PHIS) Export Component Fee 04-29-19 [Docket No. FSIS–2018–0039] (N) AMS: National Organic Program: Amendments to the National List of Allowed and Prohibited Substances for 2017 NOSB Recommendations (Livestock and 04-30-19 Handling) [Document No. AMS-NOP-17-0080; NOP-17-09] (FR) AMS: 2019 Rates Charged for AMS Services [Document No. AMS-LP-19-0022] (N)

CITA requests comments on a commercial availability request un- der the US-Morocco Free Trade Agreement On April 18, 2019, the Committee for the Implementation of Textile Agreements (CITA) published in the Federal Register a request for public comments concern- ing a request from the Government of Morocco (GOM) for modification of the US- Morocco Free Trade Agreement (USMFTA) rules of origin for women’s or girls’ swimwear made from certain knit fabric. The GOM is requesting that the United States and Morocco (“the Parties”) consider revising the rules of origin for women’s or girls’ swimwear to address availability of supply of certain knit fabric in the territories of the Parties. The President of the United States may proclaim a modification to the USMFTA rules of origin for textile and apparel products after the United States reaches an agreement with the GOM on a modification under Article 4.3.6 of the USMFTA to address issues of availability of supply of fibers, yarns, or fabrics in the territories of the Parties. CITA is soliciting public com- ments on this request, in particular with regard to whether certain knit fabric can be supplied by the US domestic industry in commercial quantities in a timely manner. Comments must be submitted by May 20, 2019.

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

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F.R. Date Subject

ENERGY: Energy Conservation Program: Energy Conservation Standards for 04-01-19 General Service Lamps [EERE–2018–BT–STD–0010] (PR/E) ENERGY: Energy Conservation Program for Appliance Standards: Proposed Procedures for Use in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment [EERE–2017–BT–STD–0062] (N/H/E) ENVIRONMENTAL PROTECTION AGENCY (EPA): Metrafenone; Pesticide Tolerances [EPA–HQ–OPP–2017–0616; FRL–9987–14] (FR) EPA: Zoxamide; Pesticide Tolerances [EPA–HQ–OPP–2017–0665; FRL– 04-02-19 9987–27] (FR) EPA: 2-methyl-2-[(1-oxo-2-propenyl)amino]- 1-propanesulfonic acid monoso- dium salt polymer with 2-propenoic acid, 2- methyl-, C12-16 alkyl esters; Toler- ance Exemption [EPA–HQ–OPP–2018–0058; FRL–9988–62] (FR) NUCLEAR REGULATORY COMMISSION (NRC): Clarification of Export Reporting Re- quirements for Nuclear Facilities, Equipment, and Non-Nuclear Materials [NRC–2018–0113] NATIONAL MARINE FISHERIES SERVICE (NMFS), NATIONAL OCEANIC AND ATMOS- PHERIC ADMINISTRATION (NOAA): Addition of Species to the Annexes of the Pro- 04-03-19 tocol Concerning Specially Protected Areas and Wildlife in the Wider Carib- bean Region [NOAA-NMFS-2019-0020] (N/RFC) EPA: Certain New Chemicals; Receipt and Status Information for October 2018 [EPA-HQ-OPPT-2018-0409; FRL-9990-57] (N) 04-04-19 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA): Federal Motor Vehicle Safety Standards; Glazing Materials [Docket No. NHTSA-2019-0024] (PR/W) EPA: Significant New Use Rules on Certain Chemical Substances [EPA-HQ- OPPT-2017-0575; FRL-9991-19-OCSPP] (FR) EPA: 2-Hydroxypropyl Starch; Exemption from the Requirement of a Tolerance 04-05-19 [EPA-HQ-OPP-2018-0613; FRL-9991-13] (FR) JUSTICE: Civil Monetary Penalties Inflation Adjustment [Docket No. OAG 148; AG Order No. 4424-2019] (FR) DRUG ENFORCEMENT ADMINISTRATION (DEA): Schedules of Controlled Sub- stances: Extension of Temporary Placement of 5FADB, 5F-AMB, 5F- APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMBFUBINACA in Schedule I of the Controlled Substances Act [Docket No. DEA-446] (TR) DEA: Schedules of Controlled Substances: Placement of 5F-ADB, 5F-AMB, 5FAPINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA in 04-08-19 Schedule I [Docket No. DEA-446] (PR) EPA: Flonicamid; Pesticide Tolerances [EPA-HQ-OPP-2018-0273; FRL-9990- 52 (FR) US FISH AND WILDLIFE SERVICE (FWS): Endangered and Threatened Wildlife and Plants; Adding 16 Species, Removing One Species, and Updating Entries for 17 Species on the List of Endangered and Threatened Wildlife [Docket No. FWS–HQ–ES–2018–0096; 4500030113] (FR/CO) ENERGY: Energy Conservation Program: Energy Conservation Standards for 04-09-19 Small Electric Motors [EERE-2019-BT-STD-0008] (RFI) EPA: Certain New Chemicals; Receipt and Status Information for November 2018 [EPA–HQ–OPPT–2018–0410; FRL–9990–58] (N) EPA: Certain New Chemicals; Receipt and Status Information for December 04-10-19 2018 [EPA–HQ–OPPT–2018–0411; FRL–9990–59] EPA: Certain New Chemicals; Receipt and Status Information for January 2019 [EPA–HQ–OPPT–2019–0075; FRL–9991–20] (N) EPA: Fenazaquin; Pesticide Tolerances [EPA–HQ–OPP–2017–0673; FRL– 04-11-19 9990–02] (FR) EPA: Polyvinyl Acetate—Polyvinyl Alcohol Copolymer; Tolerance Exemption [EPA–HQ–OPP–2018–0546; FRL–9987–46] (FR) 04-12-19 NRC: Harmonization of Transportation Safety Requirements With IAEA Stand- ards [NRC–2016–0179] (Draft Reg./RFC) EPA: Pesticide Product Registration; Receipt of Applications for New Active In- 04-15-19 gredients [EPA–HQ–OPP–2019–0039; FRL–9991–16] (N)

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F.R. Date Subject

DRUG ENFORCEMENT ADMINISTRATION (DEA): Schedules of Controlled Sub- stances: Temporary Placement of 5F-EDMBPINACA, 5F-MDMB-PICA, FUB- AKB48, 5F-CUMYL-PINACA, and FUB-144 into Schedule I [Docket No. DEA– 04-16-19 491] (Temp. Order) US FISH AND WILDLIFE SERVICE (FWS): Civil Penalties; 2019 Inflation Adjust- ments for Civil Monetary Penalties [Docket No. FWS–HQ–LE–2018–0117; FF09L00200–FX–LE18110900000] (FR) DEA: Chemical Names of Previously Controlled Fentanyl-Related Substances [Docket No. DEA–476] (N) EPA: Significant New Use Rules on Certain Chemical Substances (19-1) 04-19-19 [EPA–HQ–OPPT–2018–0772; FRL–9992–42] (PR) EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities [EPA–HQ–OPP–2019–0041; FRL– 9991–14] (N) ENERGY: Energy Conservation Program: Test Procedures for Small Electric Motors and Electric Motors [EERE–2017–BT–TP–0047] (PR/RFC) 04-23-19 EPA: Bacteriophage Active Against Xylella fastidiosa; Exemption From the Re- quirement of a Tolerance [EPA–HQ–OPP–2017–0593; FRL–9991–86] (FR) ENERGY: Energy Conservation Program: Data Collection and Comparison with Forecasted Unit Sales of Five Lamp Types [EERE-2011-BT-NOA-0013] (N) 04-25-19 EPA: Restrictions on Discontinued Uses of Asbestos; Significant New Use Rule [EPA–HQ–OPPT–2018–0159; FRL–9991–33] (FR)

The United States wins some, loses some in the WTO’s decision on zeroing On April 9, 2019, the World Trade Organization released the Panel Report in United States - Anti-Dumping Measures Applying Differential Pricing Methodol- ogy to Softwood Lumber from Canada, WT/DS534/R. The decision addresses particular aspects of the US Department of Commerce’s methodology for calcu- lating antidumping duties under the Antidumping Agreement (the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994). In some ways, the decision reiterates already-established principles - for example, Commerce may address perceived “targeted dumping” through the use of “zeroing” in its calculations. In other ways, the decision sets up changes that may be necessary in the margin calculations. After the 60-day period for appeal passes, it will be clearer whether the decision will affect future proceedings and if there is a new avenue for foreign producers to challenge Commerce’s practice domestically.

The idea behind “targeted dumping” is that a foreign producer could mask its dumping by selectively selling at dumped prices to specific customers or regions or over particular timeframes. To address that possibility, Commerce has em- ployed a number of methodologies over the years that allow it to “zero,” where non-dumped (higher-priced) sales are set to zero, while dumped sales are counted in the calculation. (The overall effect of which tends to increase the dumping rate considerably.) Currently, Commerce assesses targeted dumping in two steps under its so-called differential pricing methodology. In the first step, it uses a coefficient (Cohen’s d) to determine whether the weighted average prices in a test group differ significantly from those in a comparison group. It is worth noting that “differ” for Commerce here means higher or lower, as opposed to cap- turing only the lower prices. Commerce’s groups align with the categories in the WTO Antidumping Agreement (purchasers, regions, or time periods). In the sec- ond step, Commerce takes all export transactions that passed the Cohen’s d test and aggregates them to identify a single pattern in the “ratio test.”

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What did the Panel say?

The Panel highlighted the second step of the differential pricing methodology - the aggregation step - and found it problematic. According to the Panel, when Commerce aggregates the export transactions in this way, it no longer has an identified pattern of targeting by purchaser, regions, or time periods. It has a sin- gle pattern across all categories. Without the identified pattern, the use of zero- ing raises concerns.

The Panel went on to green light Commerce's practice where it did identify the more specific patterns. In those cases, Commerce is free to use zeroing to ad- dress the perceived risk of targeted dumping.

What Do You Need To Know?

For companies with current antidumping or countervailing duty proceedings be- fore Commerce, do not expect an announced change to the differential pricing methodology or practices. However, keep in mind that this Panel decision is criti- cal of Commerce's differential pricing methodology, which it currently uses in all ongoing investigations and reviews. The decision instructs that Commerce should apply its differential pricing methodology such that the second step - the ratio test - is assessed across customer, region, and time period categories. This analysis should be done before Commerce can lawfully apply zeroing.

As noted, if Commerce identifies a pattern of targeted dumping within the specific categories, then zeroing is alive and well. That has been the state of the law for several years, where, although the WTO has found Commerce’s widespread ap- plication of zeroing to be inconsistent with the United States’ WTO commitments, it is permitted to address targeted dumping.

The timing of this decision is also noteworthy - as the United States and Canada attempt to ratify their new trade deal with Mexico and tensions continue over the US tariffs on aluminum and steel. Canada has indicated it will appeal the deci- sion. The US also has 60 days to decide whether to appeal the decision.

If you have questions about this decision or its implication on US antidumping duty calculations, please reach out to Christine Streatfeild, Kevin O'Brien, or your Baker & McKenzie attorney.

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 pe- riod covered by this Update [Unofficial translation (dd-mm-yy)].

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BO Date Subject

FEDERAL ADMINISTRATION OF PUBLIC REVENUES (AFIP) GENERAL DIRECTORATE OF CUSTOMS (DGA): General Resolution 4445/2019 - RESOG-2019-4445-E-AFIP- AFIP - Mercosur Common Nomenclature (NCM). Tariff classification of merchandise in the aforementioned nomenclature, in accordance with the procedure provided for in General Resolution No. 1.618. AFIP-DGA: General Resolution 4446/2019 - RESOG-2019-4446-E-AFIP-AFIP - Mercosur Common Nomenclature (NCM). Tariff classification of merchandise in the aforementioned nomenclature, in accordance with the procedure provided for in General Resolution No. 1.618. AFIP: General Resolution 4450/2019 RESOG-2019-4450-E-AFIP-AFIP - 01-04-19 Import and Export Regime by PSP / Courier Postal Service Providers. Resolution No. 2,436 / 96 (ANA), its amendments and complementary. General Resolutions N ° 3,916 and N ° 4,259. Its replacement. AFIP: General Resolution 4451/2019 - RESOG-2019-4451-E-AFIP-AFIP - “Authorized Economic Operator” Program (OAS). Resolution No. 4.150. Replacement. AFIP: General Resolution 4452/2019 - RESOG-2019-4452-E-AFIP-AFIP - Simplified optional regime of import for consumption for the national inhabitants with permanent residence in border areas in the international passes Aguas Blancas and Puerto Las Chalanas. Its implementation Decree 243/2019 - DECTO-2019-243-APN-PTE – Exemption for one (1) am- 03-04-19 phibious dredge and its respective accessories , spare parts, tools and manu- als of corresponding technical specification AFIP: General Resolution 4455/2019 - RESOG-2019-4455-E-AFIP-AFIP - Regulation of plant health and quality controls. Resolution No. 2,013 / 93 (ANA) and its amendments. Its modification 04-04-19 AFIP: General Resolution 4454/2019 - RESOG-2019-4454-E-AFIP-AFIP - Export. Merchandise included in Item 41.01 of the Harmonized Commodity Description and Coding System. General Resolution No. 3,523. Its repeal AFIP: General Resolution 4457/2019 - RESOG-2019-4457-E-AFIP-AFIP - Customs Regime in Factoría (RAF). General Resolution N ° 1.673, its amendments and complementary. Modification 09-04-19 MINISTRY OF PRODUCTION AND LABOR (MPYT) – INDUSTRY SECRETARIAT: Resolution 54/2019 - RESOL-2019-54-APN-SIN # MPYT Re: Special customs and tax regime for Tierra del Fuego Antarctica South Atlantic Islands. AFIP and MPYT: Joint General Resolution 4458/2019 - RESGC-2019-4458-E- AFIP-AFIP - Simplified Export Regime “Exporta Simple”. Joint Resolution No. 10-04-19 4,049 (MP and AFIP). its replacement. MPYT: Resolution 33/2019- RESOL-2019-33-APN-SCE # MPYT re: drawback MPYT: Resolution 242/2019 RESOL-2019-242-APN-MPYT - Establishing rules for Import Regime for Integrating Goods of Large Investment Projects Decree 261/2019 - DECTO-2019-261-APN-PTE – International Fair “arteBA 2019 - Edition 28“. Exemption from the payment of import duty, Value Added 12-04-19 Tax, internal taxes, fees for port services, statistics and proof of destination, which tax the importation for consumption of works of art, paintings, photo- graphs , sculptures, catalogs, magazines, art publications and other forms of information and cultural promotion, originating in and coming from the countries participating in the event AFIP: General Resolution 4461/2019 / RESGC-2019-4461-E-AFIP-AFIP - 17-04-19 Value Added Tax. Perception regime. Definitive Import operations of movable things. RG No. 2,937 and its amendments. Modifying standard. AFIP: General Resolution 4462/2019 - RESOG-2019-4462-E-AFIP-AFIP - Special regime of temporary importation of merchandise to receive an industrial improvement. General Resolution No. 2,147 and its amendments. 22-04-19 Modification AFIP: General Resolution 4464/2019 - RESOG-2019-4464-E-AFIP-AFIP – Cargo notice. General Resolution No. 1,800 and its amendment. Modification Decree 286/2019 - DECTO-2019-286-APN-PTE: National Single Foreign 25-04-19 Trade Window Regime (VUCEA)

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8465028-v6\WASDMS Baker McKenzie 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 inter- est to international traders were published in the Diário Oficial da União (Official Gazette) during the period covered by this Update (dd-mm-yy).

DOU Date Subject SECEX Portaria № 6 (10-04-19) Authorizes the application of the Exception 11-04-19 Mechanism to the Rule of Origin in case of shortages of inputs in Argentina, Brazil and Colombia. SECEX Portaria № 7 (15-04-19) Closes the special non-preferential origin verifi- cation procedure, with the disqualification of the Malaysia origin for the dishware (NCM 6911.10.10, 6911.10.90, 6911.90.00 and 6912.00.00), declared as pro- 17-04-19 duced by the company JOVLOG Smart Enterprise SECEX Portaria № 8 (15-04-19) It disciplines the administrative procedures of evaluation of public interest in measures of commercial defense.

Antidumping and countervailing duty cases See separate Antidumping Countervailing Duty and Safeguards Investiga- tions, Orders & Reviews section below. 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 Defence and Strategic Goods List 2019 enters into force The Defence and Strategic Goods List 2019 commenced on 28 March 2019 and repealed the Defence and Strategic Goods List 1996. The Defence and Strategic Goods List 2019 (DGSL 2019) is divided in 2 Parts.

According to Australia’s Defence Export Control Organisation (DECO), the DSGL 2019 includes a total of 70 notable amendments: 23 are changes which remove or reduce the requirement to obtain an approval prior to export; 13 of the amend- ments are either new controls or changes to existing controls that result in an ex- panded scope; and the remaining 34 amendments are clarifications that do not involve a scope change.

Part 1 of the List covers defence and related goods, that is goods and technolo- gies designed or adapted for use by armed forces or goods that are inherently le- thal. These goods include:

 military goods, being goods or technology that is designed or adapted for military purposes, including their parts and accessories; and

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 non-military lethal goods, being equipment that is inherently lethal, incapacitating or destructive, such as non-military firearms, non-military ammunition and com- mercial explosives and initiators.

Part 2 of the List covers those goods that have a dual use. Dual-use goods com- prise equipment and technologies developed to meet commercial needs but which may be used either as military components, or for the development or pro- duction of military systems or weapons of mass destruction. This Part is made up of the following 10 categories:

 Category 0 — Nuclear Materials;

 Category 1 — Materials, Chemicals, Microorganisms and Toxins;  Category 2 — Materials Processing;  Category 3 — Electronics;  Category 4 — Computers;

 Category 5 — Telecommunications and Information Security;  Category 6 — Sensors and Lasers;  Category 7 — Navigation and Avionics;  Category 8 — Marine;  Category 9 — Aerospace and Propulsion.

The List will be amended from time to time to reflect changes in the various multi- lateral non-proliferation and export control regimes of which Australia is a mem- ber.

In accordance with Australian law, the DGSL 2019 is scheduled to sunset on 1 April 2029.

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

CHINA (INCLUDING HONG KONG SAR) GAC launches pilot self-serve Origin Certificate printing program General Administration of Customs (GAC) Announcement No. 49 [2019] dated March 22, 2019, announced the launching of a “self-service” pilot program allow- ing a Certificate of Origin (CO) applicant, or their appointed agent, to print out COs and certain other documents via the China International Trade Single Win- dow (www.singlewindow.cn) or the Customs Internet integrated online service platform (online.customs.gov.cn), after first uploading the company’s electronic chop and the operator’s electronic signature. Initially, the pilot will be available in Beijing, Tianjin, Shanghai, Jiangsu, Guangdong and Chongqing and will include the following COs and other documents:

 China-Australia Free Trade Agreement (FTA) CO  China-New Zealand FTA CO  China-Pakistan FTA CO

 China-Chile FTA CO  China-Switzerland FTA CO

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 China-Iceland FTA CO  China-Georgia FTA CO  China- FTA CO  China-Korea FTA CO

 Cross-Straits Economic Co-operation Framework Agreement CO  Asia-Pacific Trade Agreement CO (for exports to South Korea)  Non-Preferential CO  Tobacco Authenticity Certificate

 Re-Export Certificate  Processing and Assembly Certificate

GAC launches operation against solid-waste smuggling On April 12, 2019, the General Administration of Customs (GAC) announced that on the early morning of March 22, under the command of Minister Ni Yuefeng, the GAC launched the first round of the “Blue Sky 2019” campaign to combat solid waste smuggling. Through the special action, the Guangdong Sub-Admin- istration and 11 participating Customs Districts (in 8 provinces/municipalities) busted 22 smuggling syndicates, “captured 115 criminal suspects, and seized 338,100 tons of illicit imported waste including waste plastics and waste slag.”

GAC said that in the next stage, China Customs will continue the prevention and crackdown on waste smuggling by deepening law-enforcement cooperation with foreign countries/regions as well as with domestic public security, environmental protection, and market regulation authorities, so as to safeguard domestic eco- environment and human health.

China lowers import duties On April 8, 2019, the Customs Tariff Commission of the State Council issued Taxation Committee Announcement [2019] No. 17 which reduces the duty on a variety of products, including food, medicines, textiles and information technology products, effective April 9, 2019. Some import VAT will also be reduced on cer- tain medicines.

MOFCOM and GAC notices The following Ministry of Commerce (MOFCOM), General Administration of Cus- toms (GAC) and General Administration of Quality Supervision, Inspection and Quarantine (GAQSIQ) notices were posted during the period covered by this Up- date (mm-dd-yy):

Date Series and № Subject Shanghai Customs “Early Declaration, Delivery and Inspection” Customs 03-20-19 2019 No. 1 Clearance of Exports in Waigaoqiao Port Area GAC № 53 Announcement on Changing the Internet Address of (03-26-19) the Kimberley Process Management System 03-27-19 GAC № 55 Announcement on lifting the ban caused by bird flu in (03-27-19) France Notice on Expanding the Implementation of Network GAC № 56 03-29-19 Verification of Three Types of Supervision Documents (03-25-19) on the Customs Clearance Form for Imported Drugs GAC № 57 Announcement on the opening of electronic books for 03-28-19 (03-25-19) export processing

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Date Series and № Subject GAC № 58 Announcement on Issues Concerning the Procedures (03-25-19) for Filing Tax Payment Fees (duties) GAC № 60 Announcement on the closure of the port of Hei- 04-03-19 (04-03-19) longjiang and the port of Huachuan Port A warning notice on the hidden dangers of three-way GAC № 61 catalytic converter mismatch in some imported Mer- (04-04-19) cedes-Benz vehicles GAC № 62 Announcement on matters relating to the status of new (04-04-19) data transmission status of customs declaration forms 04-08-19 Taxation Committee Announcement adjusting the duty on a variety of prod- Ann. [2019] No. 17 ucts effective April 9, 2019 Notice on Adjusting the Classification Table of the En- GAC № 63 try Goods and the Duty-Paid List of Imported Goods of (04-08-19) the PRC GAQSIQ Order 111 Import and Export Toys Inspection and Supervision 04-09-19 (03-02-19) and Administration Measures SAMR, MIIT, Public Se- The Safety Technical Specification on Electric Bicycles

curity No. 53 (GB 17761 - 2018)

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 instruc- tions during the period covered by this Update:

Date Series and № Subject

CBIC Non-Tariff Notifications ICD Kheda denotified as Customs Port for unloading of im- 28/2019-Cus (NT) ported goods and loading of export goods 01-04-19 The Handling of Cargo in Customs Areas Regulations, 2009 29/2019-Cus (NT) amended Exchange rate notification providing conversion rate of for- 04-04-19 30/2019-Cus (NT) eign currencies to INR Tariff Notification regarding fixation of Tariff Value of Edible 15-04-19 31/2019-Cus (NT) Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver Exchange rate notification providing conversion rate of for- 18-04-19 32/2019-Cus (NT) eign currencies to INR The Shipping Bill (Electronic Integrated Declaration and Pa- 25-04-19 33/2019-Cus (NT) perless Processing) Regulations, 2019 notified Tariff Notification regarding fixation of Tariff Value of Edible 30-04-19 34/2019-Cus (NT) Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sil- ver CBIC Tariff Notifications Exemption provided to Light Combat Aircraft Programme of 11-04-19 12/2019-Cus the Ministry of Defence extended till 31 June, 2019 (ap- pears to be typo error should be 30 June, 2019)

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Date Series and № Subject 26-04-19 13/2019-Cus Basic Customs Duty on wheat increased fom 30% to 40% CBIC Circulars Clarification regarding phasing out of physical copies Mer- chandise Exports from India Scheme (MEIS)/ Services Ex- 09-04-19 11/2019-Customs ports from India Scheme (SEIS) Duty Credit Scrips issued with Electronic Data Interchange (EDI) port as port of regis- tration DGFT Notifications Prohibition on import of milk and milk products from China including chocolates, chocolate products, candies, confec- 23-04-19 01/2015-20 tionary, food preparation with milk or milk solids extended until capacity of laboratories at the port of import has been upgraded for testing melamine Export policy of chemicals namely, Chloropicrin: Trichloro nitro Methane and Methyldiehtanolamine listed under Ap- pendix 3 of Schedule 2 of the Indian Trade Classification 02/2015-20 (Harmonised System) Classifications of Export & Import Items [SCOMET List] amended to allow export to State Par- 24-04-19 ties to the Chemical Weapons Convention (CWC) without an export authorisation, on post reporting basis Appendix 3 of Schedule 2 of the Indian Trade Classification 03/2015-20 (Harmonised System) Classifications of Export & Import Items [SCOMET List] amended DGFT Public Notices Telegraphic Release Advice facility for scrips issued from all ports [except Special Economic Zone and Non- Electronic Data Interchange (EDI) ports] withdrawn for Merchandise 03-04-19 84/2015-2020 Exports from India Scheme (MEIS)/ Services Exports from India Scheme (SEIS) Scrips issued on or after April 10, 2019 Validity period of export authorization for restricted goods 04-04-19 01/2015-2020 (Non- SCOMET) extended from 12 months to 24 months Scale of fees for application regarding reimbursement of 05-04-19 02/2015-2020 benefits under Transport and Marketing Assistance (TMA) notified Validity of Pre-Shipment Inspection Agencies whose validity 11-04-19 03/2015-2020 expires on or before 30 June, 2019 extended up to 30 June, 2019 Proforma of End Use Certificate for grant of permission for 12-04-19 04/2015-2020 export of items under SCOMET List amended Online facility provided for filling & tracking quality com- 26-04-19 05/2015-2020 plaints/trade disputes

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

INDONESIA Regulation imposing VAT on e-commerce transactions withdrawn In March 2019, the Minister of Finance withdrew regulation No. 210/PMK.010/2018 which would have imposed a value added tax (VAT) and “sales tax on luxury goods” on all e-commerce transactions—regardless of whether the trader or service provider was a “taxable entrepreneur.” The regula- tion was to come into force on 1 April 2019.

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8465028-v6\WASDMS Baker McKenzie JAPAN Ban on imports from and exports to North Korea extended The Ministry of Economy, Trade and Industry (METI) announced that it was ex- tending the ban on all exports destined for North Korea, and all imports originat- ing in or shipped from North Korea, in line with the “Measures against North Ko- rea Pursuant to the Foreign Exchange and Foreign Trade Act” (decided by the Cabinet on April 9, 2019).

1. The ban on all exports of goods destined for North Korea will be extended by im- posing the requirement that exporters obtain export approval from METI (related article: Article 48, Paragraph 3 of the Foreign Exchange and Foreign Trade Act; hereinafter referred to as the “Act”). 2. The ban on all imports of goods originating in or shipped from North Korea will be extended by imposing the requirement that importers obtain import approval from the METI (related article: Article 52 of the Act). 3. To ensure the enforcement of these restrictions, the following transactions shall be banned: i. Transactions involving buying/selling, loaning/borrowing, or giving of goods that involve the movement of the goods between North Korea and third countries (intermediate trade) (related article: Article 25, Para- graph 6 of the Act); and ii. Payments of import bills for goods originating in or shipped from North Korea which are imported without import approval (related article: Article 16, Paragraph 5 of the Act). 4. Goods exported for humanitarian purposes are exempt from the above re- strictions.

These restrictions will be in effect from April 14, 2019, to April 13, 2021.

South Sudan added to Export Trade Control Order table 3-2 The Ministry of Economy, Trade and Industry (METI) announced that on April 9, 2019, the Japanese Cabinet approved a revision to Appended Table 3-2 of the Export Trade Control Order (Cabinet Order No.378 of 1949; the “Export Order”) and added South Sudan to the list of the areas subject to strict export control (ar- eas against which arms and other embargoes have been imposed by the UN Se- curity Council) in accordance with UN Security Council Resolution 2428 (2018). If an export destination is a target area specified in Appended Table 3-2 of the Ex- port Order, exports are more strictly controlled than those for other areas (Article 4 (1) (iii)-(iv) under the Export Order). Enforcement of the Revised Export Order took effect April 12, 2019.

NEW ZEALAND Arms Act amendments On 12 April 2019, the New Zealand Police announced that new firearms laws (the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019) are now in effect amending the Arms Act by:

 Banning most semi-automatic firearms and some pump action shotguns; and also certain large capacity magazines. There are limited exemptions.  Placing controls around who may possess parts of prohibited firearms.

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There will no longer be a category of firearm known as a military style semi-automatic firearm (or MSSA) and the old “E” endorsement will be obsolete. The newly banned items will be called prohibited firearms, prohibited magazines, and prohibited parts. New offences involving prohibited items carry tougher penalties. Transitional provisions allow for an amnesty until six months after the buyback is an- nounced so that those in possession of prohibited items have time to notify Police and can hand over their firearm/s to Police at a later stage when we advise of that pro- cess. The Act also contains a number of new offences and penalties including the fol- lowing:

 unlawful possession of prohibited firearms, magazines, and parts  using or intending to use a prohibited firearm to resist arrest or commit offence  unlawful possession of a prohibited firearm in a public place  presenting a prohibited firearm at another person  possession of a prohibited firearm while committing any offence that has a pen- alty of imprisonment for 3 years or more  carrying a prohibited firearm with criminal intent  importing prohibited items without a permit  knowingly supplying or selling a prohibited firearm or prohibited magazine to a person who does not hold a permit to import or possess one  using a prohibited part to assemble or convert a firearm into a prohibited firearm  knowingly supplying or selling a prohibited part

NZ Customs announced that all import permits issued before 12 April for what are now prohibited items have been revoked. Any of these items imported from 12 April onwards may be seized. “Importation” re- fers to arrival in New Zealand, not the date of export from supplier. Multi-line permits may be partially or wholly revoked depending upon the goods covered.

“Prohibited items” are prohibited firearms, prohibited magazines and prohibited parts, as defined in the legislation.

“Parts” of a firearm has an expanded definition, so more items will require import per- mits from Police.

Goods imported with a valid permit on 11 April and earlier, which have not cleared Customs control have been made prohibited goods and Customs may authorise the delivery of the goods to the Police.

Importers are liable for the payment of outstanding duty on the importations of the prohibited items.

Importers and their agents are advised to familiarise themselves with information on the Police website, which is being updated regularly. Details of the buy back scheme will be announced in due course. Stricter stink bug controls proposed for imported cargo The Ministry for Primary Industries (MPI) announced that it is seeking feedback on plans to introduce stricter import requirements for vehicles and sea contain- ers. The changes are intended to make it harder for brown marmorated stink bug to establish in New Zealand.

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The proposed changes include extending the list of countries that have requirements to treat vehicles, machinery and equipment imports before they arrive in New Zea- land. At present, 18 countries have pre-treatment requirements. The proposed new list will increase to 33 countries. All imported cargo related to vehicles will need to be treated off-shore, including sea containers. In the past, only uncontainerised cargo has required treatment before arri- val. MPI also intends to refine some of the off-shore management requirements under the existing import standard for vehicles. MPI has also worked with the Australian Department of Agriculture and Water Re- sources to get measures that are aligned, making it easier for traders and shippers to comply. MPI increased its border checks of arriving vessels at the start of this year's stink bug season. It also introduced tighter rules for importing vehicles for a number of coun- tries. So far this season (to the end of March), border officers have detected 123 live stink bugs.

The consultations run from 3 April to 3 June 2019.

New instant fines for minor offences New Zealand Customs announced that from 1 April 2019, individuals and busi- nesses will be subject to a new range of instant fines if they are found breaching Customs requirements.

Customs officers will be able to issue individuals with an instant $400.00 fine, and businesses with an $800.00 fine, for 70 minor infringement offences.

Fines may be issued even if the offending was unintentional.

***

The infringement notices were introduced in October last year as part of the implementation of the Customs and Excise Act 2018, with a six month edu- cation phase to inform the public and businesses about the changes before enforcement began.

Customs could issue fines for petty offences under the previous 1996 Cus- toms Act, but this was limited in how and where it was applied.

Offences that could result in an instant fine include making a false declara- tion on a Passenger Arrival Card, refusing to answer questions from a Cus- toms officer or for importing or exporting prohibited goods.

The infringement notices will affect all international arriving and departing passengers at airports and ports, importers, exporters, excise manufacturers, brokers and Customs-controlled areas.

View the full list of all infringement offences.

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8465028-v6\WASDMS Baker McKenzie PAKISTAN Control lists under the Export Control Act of 2004 The following material from the Strategic Export Control Division (SECDIV) of the Ministry of Foreign Affairs is for reference.

Pursuant to the Export Control on Goods, Technologies, Material and Equip- ment related to Nuclear and Biological Weapons and their Delivery Systems Act 2004, the Government of Pakistan has notified revised Control Lists of Goods, Technologies, Material and Equipment that are subject to SECDIV li- cense for export. The Act enables the Government to control export, re-ex- port, trans-shipment and transit of goods, technologies, material and equip- ment related to Nuclear and Biological Weapons and their Delivery Systems. As part of regular review process, the Strategic Export Control Division (SECDIV) of the Ministry of Foreign Affairs has revised /updated the Control Lists, in consultation with other relevant Ministries and Departments. The re- vised Control Lists have been notified vide Gazette of Pakistan S.R.O. 891(I)/2018 dated 5 July 2018. It may be mentioned that the lists were origi- nally notified in 2005 and subsequently revised in 2011, 2015 and 2016. The revised Control Lists are harmonized with the standards and lists of in- ternational export control regimes i.e. the Nuclear Suppliers Group, the Mis- sile Technology Control Regimes and the Australia Group and incorporate the latest changes/updates made by these export control regimes. The notification signifies the continuing resolve and policy of Pakistan as a responsible nuclear state to advance the shared goals of non-proliferation and strictly adhere to its commitments.

PHILIPPINES Import restrictions on rice replaced by tariffs On March 5, 2019, Official Gazette published Joint Memorandum Circular (JMC) 01-2019 Implementing Rules and Regulations (IRRs) of Republic Act (RA) No. 11203 (“An Act Liberalizing the Importation, Exportation and Trading of Rice, Lift- ing for the Purpose the Quantitative Import Restriction on Rice, and for Other Purposes“). JMC 01-2019 was signed by the Agriculture Secretary, the Socioec- onomic Planning Secretary, and the Acting Budget Secretary. The IRRs provide guidelines for implementing RA No. 11203, which replaces rice quantitative re- strictions with tariffs. Under the IRR’s, the main point affecting importers of rice are:

 There is no longer a requirement for the National Food Authority (NFA) to permit, license, or register trade and importation of rice.

 The food safety regulatory function of the NFA will be transferred to the Bureau of Plant Industry, which will be responsible for issuing Sanitary and Phytosanitary Import Clearances for rice.  Once the IRRs take effect (15 days after publication), NFA is granted a transition period of 60 days to restructure accordingly.  The Minimum Access Volume (MAV), or tariff rate quota, for rice will revert to its 2012 level of 350,000 tons.  The in-quota Most Favored Nation (MFN) duty rate is 40 percent.

 For out-quota imports, the MFN tariff will be 180 percent or the tariff equivalent based on the WTO Agreement on Agriculture upon the expiration of the waiver of the special treatment for rice, whichever is higher.

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 In- and out-quota imports from ASEAN countries will be levied a uniform 35 per- The International Trade Compliance cent duty. Update is a publication of the  The President may adjust existing duties, including any necessary change in Global International Commercial classification, provided Congress is not in session. and Trade Practice Group of Baker  A special rice safeguard duty may be imposed for the industry’s protection from McKenzie. Articles and comments extreme or sudden price fluctuations. are intended to provide our readers with information on recent legal de- velopments and issues of signifi- SINGAPORE cance or interest. They should not Notices, circulars, etc. be regarded or relied upon as legal advice or opinion. Baker McKenzie Date Reference Matter advises on all aspects of Interna- 15-04-19 Notice 05/2019 Revised Claim Due Date For Security Lodgement / Extension tional Trade law. Comments on this Update may be VIETNAM sent to the Editor: The CPTPP for exporters: opportunities available now Stuart P. Seidel Washington, D.C. The entry into force of the Comprehensive and Progressive Agreement for Trans- +1 202 452 7088 Pacific Partnership (CPTPP) brings with it preferential import tariff rates applica- [email protected] ble to CPTPP originating goods. Import tariffs can amount to a substantial in- A note on spelling, grammar crease on the end cost of goods. For businesses operating in a competitive mar- and dates-- ket, preferential tariff rates may afford them a comparative advantage by reduc- ing costs. Under the CPTPP, tariff rate reductions occur automatically after the In keeping with the global nature of Baker McKenzie, the original Agreement has entered into force in a member country's territory. Accordingly, spelling, grammar and date format- exporters of most CPTPP originating goods can enjoy preferential tariff rates im- ting of non-USA English language mediately. material has been preserved from the original source whether or not To find out how to take advantage of CPTPP preferential import tariff rates as an the material appears in quotes. exporter please download our client alert here. Translations of most non-English language documents are unofficial For additional information, please contact Fred Burke or Nguyen Lan Phuong. and are performed via an auto- mated program and are for infor- Customs value regulations to be amended mation purposes only. Depending On April 18, 2019, Vietnam Customs reported that on April 16, 2019, under the on the language, readers with the Chrome browser should be able to presidency of Deputy Director General Nguyen Duong Thai, the General Depart- automatically get a rough to excel- ment of Customs held the first meeting on the revised contents of the draft Circu- lent English translation. lar amending and supplementing Circular 39/2015/TT-BTC on customs value of imported and exported goods. The report stated: Credits: Unless otherwise indicated, all in- According to the Import and Export Tax Department (General Department of Cus- formation is taken from official inter- toms), Circular No. 39/2015 / TT-BTC dated March 15, 2015, regulating the customs national organization or government value of imported and exported goods, after 4 years of implementation, fully trans- websites, or their newsletters or formed the technical contents on customs valuation of the WTO Customs Valuation press releases. Agreement into the national legal system and complied with Vietnam's obligations as a WTO member. Source documents may be accessed by clicking on the blue At the same time, setting up a mechanism and management system for customs val- hypertext links. uation for imported and exported goods from the General Department level to the Branch level, which clearly defines the responsibilities of each level for the valuation This Update contains public sector infor- and inspection of Customs valuation both in customs clearance and post-clearance mation licensed under the Open Govern- ment Licence v3.0 of the United King- clearance. dom. In addition, the Update uses mate- Thereby, contributing significantly to speeding up customs clearance, reducing cargo rial pursuant to European Commission congestion at customs branches, improving the effectiveness of control, combat policy as implemented by Commission Decision of 12 December 2011. against price fraud, and ensuring state revenue. However, in addition to the positive impacts, the implementation of Circular No. 39/2015/TT-BTC also exposed limitations and shortcomings to be amended such as some concepts have not yet been defined in normative documents on customs value;

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regulations on principles, methods of imported and exported goods also have many different understandings, which makes it difficult for organizations and individuals in the study and implementation of customs valuation. Therefore, Director of Import and Export Tax Department Luu Manh Tuong suggested that amendments and supplements to Circular 39/2015/TT-BTC on customs value of imported and exported goods will focus on four key groups: The first group is general regulations: Supplementing some concepts, rights and obli- gations of customs authority in customs valuation. The second group is principles and methods of customs valuation, focusing on two important contents: principles and methods of determining customs value for export goods and principles of determining customs value of imported goods in the order of methods. The third group is customs valuation methods, which will be re-regulated and have many current regulations obstructed in practical implementation supplemented such as: method for determining transaction value; customs valuation for transaction value of similar imported goods; customs valuation for imported goods by deductive logic method; and adding regulations on customs valuation for a number of specialized im- ported and exported goods (goods with the use purpose changed for destruction; gifts and donations; non-payment goods). The fourth group is the database. This group focuses on building, managing and us- ing the risk management portfolio, which will change the management, instead of managing commodities, it will add risky enterprises. Deputy General Director Nguyen Duong Thai emphasized, the amendments and sup- plements to Circular 39/2015/TT-BTC aiming to amend regulations on customs valua- tion to be consistent with current legal regulations, create transparency, simplification, publicity and convenience implementing regulations on customs value for Customs and enterprises. Besides, it also met the demand for management and combat against trade fraud. Therefore, the Deputy Director General requested, comments on amendments must be specific and based on fully reviewing problems arising from practice. Also at the meeting, participants focused on the revised contents and pointed out problems aris- ing from practice and proposed difficult situations and amendments.

The draft Circular amending and supplementing Circular 39/2015/TT-BTC after agreement will be submitted to the Ministry of Finance at the end of April 2019. In May it will be commented on by relevant ministries, sectors and the business community. This Circular will be signed by the Ministry of Finance in June 2019 as scheduled.

MOH issues new Circular regulating the registration of drugs and drug materials, including importations On 22 November 2018, the Ministry of Health (“MOH”) published Circular 32/2018/TT-BYT regulating the registration of drugs and drug materials (“Circular No. 32”), which will come into effect on 01 September 2019. The enactment of this Circular will render Circular No. 44/2014/TT-BYT dated 25 November 2014 regulating drug registration (“Circular No. 44”) ineffective with the exception of Circular No. 44's provisions on the registration of in-vitro diagnostic biologics.

Below are some notable provisions of Circular No. 32:

1. Verification of the authenticity of legal documentation in drug registration dos- siers

Circular No. 32 provides that the Drug Administration of Vietnam is to coordinate with diplomatic missions and relevant national and foreign agencies to verify the

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authenticity of legal documentation in drug registration dossiers. Such verification processes will be conducted at the time the relevant registration dossiers are evaluated, and within the timelines provided under the Pharmaceutical Law for the issuance, renewal and variation of the Marketing Authorization. Legal docu- ments that require verification of authenticity are as follows:

 Certificate of Pharmaceutical Product (“CPP”) for all application dossiers for the issuance, renewal and variation of the Marketing Authorization; and  Legal documents issued by relevant foreign authorities to Marketing Authoriza- tion Holders registering drugs in Vietnam for the first time. Circular No. 32 also requires Marketing Authorization Holders to be responsible for coordinating with the manufacturers and foreign agencies when responding to the Drug Admin- istration of Vietnam’s request for verification of the authenticity of legal docu- ments pertinent to drug registration dossiers.

2. Criteria for classification as a brand name drug

For classification as a brand name drug, a specific request must be made in the drug registration dossier and the following conditions must be satisfied:

 Clinical data on the safety and efficacy of the drug is complete in accordance with this Circular; and  Such drug is licensed for circulation by one of the Reference Regulatory Authori- ties or by one of the Stringent Regulatory Authorities. This requirement does not apply to new chemical entities manufactured in Vietnam

The classification as a brand name drug does not apply to biologics.

3. Requirement of two CPPs for new chemical entities and imported biologics

With regard to new chemical entities and imported biologics (excluding probiotics - digestive enzymes), the applicant must submit the CPP issued by the manufac- turing country and another CPP issued by one of the Stringent Regulatory Au- thorities, certifying that such drugs are licensed for circulation and physically cir- culated in the market.

If you would like to discuss the potential impacts of Circular No. 32 on your busi- ness and necessary steps going forward, please do not hesitate to contact the authors, Seck Yee Chung and Vu Minh Ha. This article originally appeared as an April 2019 Client Alert.

Vietnam Customs offices will generally not accept cash after 1 April On 3 April 2019, the General Department of Customs (GDC) announced that the first day of implementation of non-cash payment of Customs taxes and fees at the provincial and municipal customs units showed that payment of fees was fast and convenient. The General Department of Customs had issued a document di- recting that from 1 April 2019, all economic units and organizations which have bank accounts who engage in imports and exports and generate State budget re- mittances, to pay those remittances to the State budget (including taxes, late payment fines, fines, fees, charges and other charges) in the form of non-cash payment (bank transfer) or cash payment at commercial banks, for transfer to the Customs account at the State Treasury.

Among the reasons for the new requirement is to make Customs operations transparent, and “prevent negative acts by Customs officers” in their perfor- mance of professional duties.

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At some provincial and municipal Customs Departments beginning in 2017, most enterprises have paid taxes and fees to the state budget through credit institu- tions. Therefore, when these new regulations are fully implemented, there will be no change for the enterprises or for the Customs authorities. According to the So far, the electronic payment of Customs taxes and fees has worked well.

According to the assessment by Customs authorities, the non-cash collection of fees has aided both Customs and enterprises. Customs authorities save human resources in money collection and booking management. The monitoring of tax and fee collection of enterprises is also easier because they are available on the accounting system. Enterprises can be active and save time in paying taxes and fees related to import and export activities.

Although the Customs Department has supported and facilitated the implementa- tion of this new regulation, it has also caused some disturbance for imports and exports of enterprises, particularly in remote areas and at border gates .

The Deputy Director in charge of Ha Tinh Customs Department said that the most difficult thing now is the implementation of this regulation at Cau Treo Inter- national Border Gate Customs Branch. Because the border gate is far from the administrative center, there is no transaction point of the bank or the Treasury. Therefore, in order to pay taxes, fees and charges, enterprises must go to Tay Son town (more than 35km). In addition, most enterprises engaging in imports and exports through Cau Treo international border gate are small and medium enterprises and are restricted in equipment to connect to the treasury system and banks, thus causing many difficulties for implementation of this method. Facing the above difficulties, Ha Tinh Customs Department sent an official dispatch to request Ha Tinh provincial People's Committee, State Treasury and commercial banks in the area to supplement transaction points and collection points near the Customs checkpoints to support enterprises to carry out import and export proce- dures. Europe, Middle East and North Africa European Union and EFTA EU adjusts CDSOA additional duties for certain US products Commission Delegated Regulation (EU) 2019/673 of 27 February 2019 amend- ing Regulation (EU) 2018/196 on additional customs duties on imports of certain products originating in the United States of America was published on 30 April in the Official Journal. As a result of the United States' failure to bring the Contin- ued Dumping and Subsidy Offset Act (CDSOA) in compliance with its WTO obli- gations, the EU had imposed additional duties on certain US products. Over the years, as CDSOA payments were reduced or eliminated, the EU’s additional du- ties were also reduced and certain products eliminated in order to reflect the level of nullification or impairment caused by the CDSOA to the European Union at that time. The level of CDSOA nullification or impairment was reduced to USD 3 355,82 for the last period available. Accordingly, the EU has lowered the addi- tional duties to 0,001%. The products on which additional import duties are to apply are identified by their eight-digit CN codes: 0710 40 00, ex 9003 19 00 “frames and mountings of base metal”, 8705 10 00 and 6204 62 31.

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8465028-v6\WASDMS Baker McKenzie Commission addresses combined effects of anti-dumping or anti- subsidy measures with the safeguard measures on certain steel products A Notice concerning the potential combined effects of anti-dumping or anti-sub- sidy measures with the safeguard measures on certain steel products was pub- lished in the Official Journal on 26 April [2019/C 146/06]. The notice states in per- tinent part:

Regulation (EU) 2015/477 acknowledges that the combination of anti-dumping or anti-subsidy measures and safeguard measures on the same product could have an effect greater than that intended in terms of the Union’s trade defence policy and ob- jectives, and could place an undesirably onerous burden on certain exporting produc- ers seeking to export to the Union. As a result, specific provisions were introduced in order to enable the Commission, where appropriate, to take action to ensure that a combination of anti-dumping or anti-subsidy measures with safeguard measures on the same product does not have such an effect. As concerns the measures imposed by Regulation (EU) 2019/159, whilst there is some uncertainty as to if and when the respective tariff-rate quotas would be ex- hausted, it is possible that imports of those steel product categories which are subject to anti-dumping or anti-subsidy measures would also become subject to the payment of a safeguard duty. The Commission considers that there are grounds to conclude that the combination of these measures could indeed have an effect greater than that intended or desirable in terms of the Union’s trade defence policy and objectives, as laid down in Regulation (EU) 2015/477. The Commission, therefore, considers that it may be appropriate to amend the existing anti-dumping and anti-subsidy measures mentioned in the Annex during the relevant period where anti-dumping/anti-subsidy measures and safeguard duties may apply. In order to ensure legal certainty for the economic operators concerned, the Commis- sion considers it necessary to specify, for these cases, the anti-dumping or the coun- tervailing duty that should apply in the event that the safeguard tariff-rate quotas are exhausted. In particular, in cases where both an anti-dumping or a countervailing duty and a safeguard duty would normally be payable and where the anti-dumping or counter- vailing duty is less than, or equal to, the amount of the safeguard duty, the Commis- sion considers appropriate that no anti-dumping or countervailing duty should be pay- able during the relevant period. Where the anti-dumping or countervailing duty is greater than the amount of the safeguard duty, the Commission considers appropriate that only that part of the anti-dumping or countervailing duty which is in excess of the amount of the safeguard duty should be payable during the relevant period. (Footnote omitted.)

EU amends Union Customs Code to extend transitional use of al- ternatives to certain electronic systems On 25 April 2019, the Official Journal published Regulation (EU) 2019/632 of the European Parliament and of the Council of 17 April 2019 amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the elec- tronic data-processing techniques provided for in the Union Customs Code (Reg- ulation 2019/632). Article 278 of the Union Customs Code (UCC) set a single deadline of 31 December 2020 for the deployment of all the systems referred to in that Article, and despite the efforts made by the Union and some of the Mem- ber States at budgetary and operational levels to complete the work within the time limit given, it has become evident that some systems can only be partially deployed by that date. This implies that some pre-existing systems will need to

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continue in use beyond that date. In the absence of legislative amendments ex- tending that deadline, companies and customs authorities will be unable to per- form their duties and legal obligations as regards customs operations.

Regulation 2019/632 replaces Article 278 of the UCC with a new Article 278 which extends until 31 December 2020, 2022, or 2025 (depending on the specific data-processing techniques) the ability to use means other than the electronic data-processing techniques referred to in Article 6(1) on a transitional basis, where the electronic systems which are necessary for the application of specified provisions of the Code are not yet operational.

Regulation 2019/632 also adds a new Article 278a, which establishes annual re- porting obligations for the European Commission on progress by the Commission and Member States in developing and deploying those electronic systems. The reporting obligations for the Commission commence on 31 December 2019. Arti- cle 278a also requires Member States to provide to the Commission, twice per year, an updated table on their own progress in developing and deploying the electronic systems, which the Commission shall publish on its website.

Commission opens consultation on preliminary list of US products subject to possible retaliatory measures On 17 April 2019, the European Commission posted information on a public con- sultation under Article 9 of the EU Enforcement Regulation (Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014) in which the Commission seeks information and views regarding the EU's economic interests. The Commission expects to receive input from private stakeholders po- tentially affected by planned EU commercial policy measures further to the adju- dication of a trade dispute with the United States on Measures Affecting Trade in Large Civil Aircraft under the WTO Dispute Settlement Understanding (“DSU”).

The information gathering should provide the Commission with input to assist it in assessing the parameters of planned commercial policy measures. Private stake- holders.

On 11 April 2019, the WTO Dispute Settlement Body (“DSB”) adopted its recommen- dations and rulings in United States – Measures Affecting Trade in Large Civil Aircraft (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 be incon- sistent with the Agreement on Subsidies and Countervailing Measures (“SCM Agree- ment”), into conformity with its obligations under that Agreement. In accordance with paragraph 8 of the “Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding and Article 7 of the SCM Agreement” be- tween the European Union and the United States with respect to this dispute, the Eu- ropean Union is taking steps towards requesting the Article 22.6 arbitrator to resume its work. Upon the completion of the arbitrator’s work the European Union will request the DSB for an authorisation to take countermeasures against the United States. Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the EU's rights for the application and enforce- ment of international trade rules (OJ L 189, 27.6.2014) provides for the legal basis for the EU to suspend concessions or other obligations under the multilateral and plurilat- eral agreements covered by the WTO DSU following the adjudication of trade dis- putes under the WTO DSU. In order to be in a position to promptly take action on the basis of and consistent with the decision of the arbitrator under Article 22 DSU, the Commission is required to

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take the respective steps under the Enforcement Regulation and the WTO DSU. In this regard, the Commission is currently assessing the parameters of the planned commercial policy measures in the form of the imposition of increased customs du- ties, including additional ad valorem duties of up to 100 percent, on certain products from the United States.

The Commission services have identified products originating in the United States that could potentially be subject to such increased customs duties.

In assessing the parameters of planned commercial policy measures, the Com- mission seeks input from private stakeholders who may be affected by such measures, as outlined in the 'Form to be completed and submitted’ (in Word) (or in PDF), concerning the products listed in the enclosed document 'List of Prod- ucts'. The forms must be submitted via email at the latest by 31 May 2019, 12:00 am (UTC+01:00), Brussels.

Council authorises negotiations with the US on elimination of tariffs for industrial goods and on conformity assessment On 15 April 2019, the Council of the EU approved mandates for the Commission to open negotiations with the United States on two agreements:

 a trade agreement limited to the elimination of tariffs for industrial goods only, ex- cluding agricultural products;  an agreement on conformity assessment that would have as its objective the re- moval of non-tariff barriers, by making it easier for companies to prove their prod- ucts meet technical requirements both in the EU and the US while maintaining a high level of protection in the EU.

The Council also decided to make both decisions authorising the opening of ne- gotiations with the US and the accompanying negotiating directives public. The announcement from the Council stated:

The EU is now ready to launch negotiations with the US. They will cover a strictly lim- ited set of issues stemming from the July Joint Statement of Presidents Juncker and Trump. The mandates also clarify that the negotiating directives for the Transatlantic Trade and Investment Partnership (TTIP) agreed in June 2013 must be considered obsolete and no longer relevant. The Commission will negotiate on behalf of the EU, ensuring appropriate communica- tion with all relevant EU stakeholders, including civil society and economic operators. The final agreement will need be concluded by the Council after obtaining the consent of the European Parliament. As far as the agreement on the elimination of industrial tariffs is concerned, the objec- tive is to increase trade between the EU and the US, to improve market access and to generate new opportunities for jobs and growth. The mandate given by the Council ensures that negotiations will take full account of particular sensitivities for certain goods, such as energy-intensive products and fisheries products, as well as the envi- ronmental impact arising from the differences in the EU and US regulatory frame- works. The Commission should produce a sustainability impact assessment as soon as pos- sible which would examine the potential economic, environmental and social impacts of this agreement, also in light of the commitments of the EU in international agree- ments such as the Paris agreement on climate change. The findings of this impact as- sessment should be taken into account in the negotiating process. The mandate also ensures that the EU will not conclude negotiations with the US as long as the current tariffs on EU exports of steel and aluminium remain in place, and that it would be able to suspend negotiations unilaterally if the US were to impose further trade restrictions against European products. (Emphasis added.)

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The EU and the US have the largest and deepest bilateral trade and investment rela- tionship in the world and have highly integrated economies. Both economies account together for about half the entire world GDP and for nearly one third of total world trade.

European Council extends Brexit Art. 50 for six months After a special meeting on 10 April 2019, European Council President Donald Tusk announced during a press conference that the European Council had ap- proved a “flexible” six month extension (until 31 October 2019) for the UK to with- draw from the EU. After the six months, the UK could ratify the extension agree- ment extension agreement or revoke the article 50 notice and the UK could re- main in the EU. The EU leaders will meet again to June to assess the situation. Subsequently, on 11 April 2019, the Official Journal published European Council Decision (EU) 2019/584 taken in agreement with the United Kingdom of 11 April 2019 extending the period under Article 50(3) TEU extending the period until 31 October 2019.

Commission releases detailed information on requirements for EU goods exported to the UK in case of a hard Brexit On 8 April 2019, the European Commission announced that its Market Access Database now includes detailed information on the rules that the UK would apply on its imports from the EU in the event of a hard Brexit. It is based on information made publicly available by the United Kingdom authorities.

This is a part of the Commission’s efforts to help industry be prepared in case the United Kingdom leaves the European Union without a negotiated deal.

The Market Access Database provides detailed information on duties and taxes that apply to exports to a given country, as well as on import procedures and formalities that must be accomplished for customs clearance. The database contains information for 121 countries, and as of today, it also provides the same level of information for exports to the UK as for any other EU trade partners such as the US or China.

Commission reports on latest negotiating rounds with Indonesia and Mercosur On 5 April 2019, the European Commission reported that the seventh round of negotiations with Indonesia, that took place in Brussels from 11 to 15 March, brought about good progress across the board, particularly on the chapters on sanitary and phyto-sanitary measures, rules of origin and investment. The chap- ters on trade remedies and customs are now close to completion at technical level. The next round will be held before the summer in Indonesia.

The latest round of negotiations for a trade agreement between the EU and Mer- cosur took place from 11 to 15 March in Buenos Aires, Argentina, at experts and chief negotiators level. The negotiations covered trade in goods, specific rules applicable to wines and spirits, rules of origin, government procurement, intellec- tual property including geographical indications, rules in respect of state-owned enterprises and subsidies.

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.

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8465028-v6\WASDMS Baker McKenzie Amendments to the CN Explanatory Notes No amendments to the Explanatory Notes to the Combined Nomenclature of the European Union were published in the Official Journal during the period covered by this Update.

Binding Tariff Information The European Community has created the Binding Tariff Information (BTI) sys- tem as a tool to assist economic operators to obtain the correct tariff classifica- tion for goods they intend to import or export.

Binding Tariff Information is issued on request to economic operators by the cus- toms authorities of the Member States. It is valid throughout the Community, re- gardless of the Member State which issued it. For information about an existing BTI, you may want to contact the customs administration of the Member State which issued it. However, remember that, according to the provisions for data protection, there are limitations as to the information an administration can pro- vide. You can search and consult existing BTIs on the EBTI-database.

Official Journal documents The following documents of interest to international traders (excluding documents relating to day-to-day management of agricultural matters, individual protected designations of origin registrations, approvals or restrictions on specific sub- stances and fishing rights) were published in the Official Journal of the European Union:

OJ Date Subject Council Decision (CFSP) 2019/538 of 1 April 2019 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the frame- 02-04-19 work of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction Corrigendum to Commission Delegated Regulation (EU) 2018/1922 of 10 Octo- ber 2018 amending Council Regulation (EC) No 428/2009 setting up a Commu- 03-04-19 nity regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 319, 14.12.2018) Commission Regulation (EU) 2019/543 of 3 April 2019 amending Annex IV to Regulation (EC) No 661/2009 of the European Parliament and of the Council and Annexes I, III and IV to Directive 2007/46/EC of the European Parliament and of the Council as regards updating the references to and including certain Regulations of the United Nations Economic Commission for Europe on the type-approval of motor vehicles 04-04-19 Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi- cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) (Text with EEA relevance.) [2019/C 125/03] Commission Regulation (EU) 2019/552 of 4 April 2019 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azoxystrobin, bicyclopyrone, chlormequat, cyprodinil, difenoconazole, fenpropimorph, fenpyroximate, fluopy- ram, fosetyl, isoprothiolane, isopyrazam, oxamyl, prothioconazole, spinetoram, 05-04-19 trifloxystrobin and triflumezopyrim in or on certain products Corrigendum to Commission Delegated Regulation (EU) 2016/341 of 17 De- cember 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet

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OJ Date Subject operational and amending Delegated Regulation (EU) 2015/2446 ( OJ L 69, 15.3.2016 ) Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemi- cals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) [2019/C 126/04] Decision No 64/2018 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2019/557] Decision No 63/2018 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States 08-04-19 of America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Electromagnetic Compatibility [2019/556] Decision No 65/2018 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America of 20 March 2019 related to the listing of Conformity Assessment Bodies under the Sectoral Annex for Telecommunication Equipment and the Sectoral Annex for Electromagnetic Compatibility [2019/558] Commission Implementing Regulation (EU) 2019/561 of 8 April 2019 granting Cape Verde a temporary derogation from the rules on preferential origin laid 09-04-19 down in Delegated Regulation (EU) 2015/2446, in respect of prepared or pre- served fillets of tuna Council Decision (EU) 2019/563 of 8 April 2019 on the conclusion, on behalf of 10-04-19 the Union, of Amendment 1 to Memorandum of Cooperation NAT-I-9406 be- tween the United States of America and the European Union Council Decision (EU) 2019/573 of 8 April 2019 on the conclusion, on behalf of the European Union and its Member States, of the Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union Commission Implementing Decision (EU) 2019/582 of 3 April 2019 confirming or amending the provisional calculation of the average specific emissions of CO2 and specific emissions targets for manufacturers of new light commercial vehi- cles for the calendar year 2017 and for the Volkswagen pool including its mem- bers for the calendar years 2014, 2015 and 2016 pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (notified under doc- ument C(2019) 2342) Commission Implementing Decision (EU) 2019/583 of 3 April 2019 confirming or amending the provisional calculation of the average specific emission of CO2 and specific emissions targets for manufacturers of passenger cars for the 11-04-19 calendar year 2017 and for certain manufacturers belonging to the Volkswagen pool for the calendar years 2014, 2015 and 2016 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (notified under doc- ument C(2019) 2359) Commission Implementing Regulation (EU) 2019/585 of 11 April 2019 amend- ing Regulation (EU) No 206/2010 as regards the inclusion of the United King- dom of Great Britain and Northern Ireland and certain of its Crown Dependen- cies in the lists of third countries, territories or parts thereof authorised for the in- troduction into the Union of certain animals and fresh meat Commission Implementing Regulation (EU) 2019/586 of 11 April 2019 amend- ing Part 1 of Annex I to Commission Regulation (EC) No 798/2008 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries, territories, zones or compartments authorised for the introduction into the Union of consignments of poultry and poultry products Commission Implementing Regulation (EU) 2019/587 of 11 April 2019 amend- ing Annex I to Regulation (EC) No 119/2009 as regards the inclusion of the

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OJ Date Subject United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries or parts thereof authorised for the in- troduction into the Union of consignments of meat of wild leporidae, of certain wild land mammals and of farmed rabbits Commission Implementing Regulation (EU) 2019/588 of 11 April 2019 amend- ing Annex I to Regulation (EU) No 605/2010 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries or parts thereof authorised for the in- troduction into the Union of consignments of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption Commission Implementing Regulation (EU) 2019/589 of 11 April 2019 amend- ing Annex III to Regulation (EC) No 1251/2008 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries, territories, zones or compartments authorised for the introduction into the European Union of consignments of aq- uaculture animals Commission Implementing Regulation (EU) 2019/590 of 11 April 2019 amend- ing Annex I to Implementing Regulation (EU) 2018/659 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries and parts of the territory of third countries from which the entry into the Union of live equidae and semen, ova and embryos of equidae is authorised Commission Implementing Regulation (EU) 2019/591 of 11 April 2019 amend- ing Annex V to Regulation (EC) No 136/2004 as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries authorised for the introduction into the Union of consignments of hay and straw European Council Decision (EU) 2019/584 taken in agreement with the United Kingdom of 11 April 2019 extending the period under Article 50(3) TEU Corrigendum to Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Re- striction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regula- tion (EC) No 1907/2006) ( OJ C 218, 22.6.2018 ) [2019/C 135/06] Commission Implementing Regulation (EU) 2019/595 of 11 April 2019 amend- ing Regulation (EC) No 1635/2006 laying down detailed rules for the application of Council Regulation (EEC) No 737/90 by reason of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union Commission Implementing Decision (EU) 2019/599 of 11 April 2019 amending the Annex to Decision 2007/453/EC as regards the BSE status of the United Kingdom of Great Britain and Northern Ireland and its Crown Dependencies (no- tified under document C(2019) 2830) Commission Implementing Decision (EU) 2019/600 of 11 April 2019 amending Decision 2011/163/EU on the approval of plans submitted by the United King- dom of Great Britain and Northern Ireland and its Crown Dependencies in ac- cordance with Article 29 of Council Directive 96/23/EC (notified under document C(2019) 2831) 12-04-19 Commission Implementing Decision (EU) 2019/601 of 11 April 2019 amending Annex I to Implementing Decision 2011/630/EU as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the list of third countries or parts thereof authorised for the in- troduction into the Union of semen of domestic animals of the bovine species (notified under document C(2019) 2832) Commission Implementing Decision (EU) 2019/602 of 11 April 2019 amending Annex I to Decision 2006/168/EC as regards the inclusion of the United King- dom of Great Britain and Northern Ireland and certain of its Crown Dependen- cies in the list of third countries authorised for the introduction into the European Union of bovine embryos(notified under document C(2019) 2833) Commission Implementing Decision (EU) 2019/603 of 11 April 2019 amending the Annexes to Decision 2006/766/EC as regards the inclusion of the United

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OJ Date Subject Kingdom of Great Britain and Northern Ireland and certain of its Crown Depend- encies in the lists of third countries and territories authorised for the introduction into the Union of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products for human consumption (notified under document C(2019) 2834) Commission Implementing Decision (EU) 2019/604 of 11 April 2019 amending Annexes I and III to Decision 2010/472/EU as regards the inclusion of the United Kingdom of Great Britain and Northern Ireland and certain of its Crown Dependencies in the lists of third countries or parts thereof authorised for the in- troduction into the Union of semen, ova and embryos of animals of the ovine and caprine species (notified under document C(2019) 2838) Commission Implementing Decision (EU) 2019/605 of 11 April 2019 amending Annex II to Decision 2007/777/EC as regards the inclusion of the United King- dom of Great Britain and Northern Ireland and certain of its Crown Dependen- cies in the list of third countries or parts thereof authorised for the introduction into the Union of consignments of certain meat products and treated stomachs, bladders and intestines for human consumption (notified under document C(2019) 2840) Commission Implementing Decision (EU) 2019/606 of 11 April 2019 amending Annex I to Decision 2012/137/EU as regards the inclusion of the United King- dom of Great Britain and Northern Ireland and certain of its Crown Dependen- cies in the lists of third countries or parts thereof authorised for the introduction into the Union of semen of domestic animals of the porcine species (notified un- der document C(2019) 2841) Commission Implementing Decision (EU) 2019/607 of 11 April 2019 amending Decision 2009/821/EC as regards the lists of border inspection posts and veteri- nary units in Traces (notified under document C(2019) 2900) Corrigendum to Commission Delegated Regulation (EU) 2018/1922 of 10 Octo- ber 2018 amending Council Regulation (EC) No 428/2009 setting up a Commu- nity regime for the control of exports, transfer, brokering and transit of dual-use items ( OJ L 319, 14.12.2018 ) Regulation (EU) 2019/592 of the European Parliament and of the Council of 10 April 2019 amending Regulation (EU) 2018/1806 listing the third countries whose nationals must be in possession of visas when crossing the external bor- ders and those whose nationals are exempt from that requirement, as regards the withdrawal of the United Kingdom from the Union Commission Implementing Decision (EU) 2019/609 of 11 April 2019 amending Implementing Decision 2014/709/EU as regards the use of the pathogen identifi- 15-04-19 cation test for African swine fever, the dispatch of the pigs through areas listed in the Annex and the applicability of the Decision (notified under document C(2019) 2739) Council Decision (EU) 2019/610 of 8 April 2019 on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterra- nean Agreement establishing an association between the European Communi- ties and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Croatia to the Eu- ropean Union Council Decision (EU) 2019/614 of 9 April 2019 on the position to be taken on behalf of the European Union within the Joint Committee established under the Agreement between the European Union and Japan for an Economic Partner- ship, as regards the adoption of the Rules of Procedure of the Joint Committee, 16-04-19 the Rules of Procedure of a Panel, the Code of Conduct for Arbitrators and the Mediation Procedure Commission Implementing Decision (EU) 2019/616 of 15 April 2019 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2019) 3024) Commission Implementing Decision (EU) 2019/617 of 15 April 2019 amending the Annex to Implementing Decision 2014/709/EU concerning animal health control measures relating to African swine fever in certain Member States (noti- fied under document C(2019) 3013)

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OJ Date Subject Corrigendum to Commission Delegated Regulation (EU) 2018/1922 of 10 Octo- ber 2018 amending Council Regulation (EC) No 428/2009 setting up a Commu- nity regime for the control of exports, transfer, brokering and transit of dual-use items ( OJ L 319, 14.12.2018 ) Update of reference amounts for the crossing of the external borders, as re- ferred to in Article 6(4) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) [2019/C 140/05] Regulation No 96 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the approval of engines to be in- stalled in agricultural and forestry tractors and in non-road mobile machinery 17-04-19 with regard to the emissions of pollutants by the engine [2019/547] Notice to economic operators — New round of requests for the suspension of the autonomous Common Customs Tariff duties on certain industrial and agri- cultural products [2019/C 141/05] Commission Implementing Regulation (EU) 2019/620 of 17 April 2019 granting Cape Verde a temporary derogation from the rules on preferential origin laid down in Delegated Regulation (EU) 2015/2446, in respect of prepared or pre- served mackerel fillets and prepared or preserved frigate tuna or frigate macke- rel fillets 23-04-19 Commission Implementing Decision (EU) 2019/623 of 16 April 2019 concerning the extension of the action taken by the Belgian Federal Public Service Health, Food Chain Safety and Environment permitting the making available on the market and use of the biocidal product Phostoxin in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (notified under document C(2019) 2828) Commission Implementing Regulation (EU) 2019/637 of 23 April 2019 approv- ing cholecalciferol as an active substance for use in biocidal products of prod- uct-type 14 Council Decision (EU) 2019/638 of 15 April 2019 on the position to be taken on behalf of the European Union at the fourteenth meeting of the Conference of the Parties with regard to certain amendments to Annexes II, VIII and IX to the Ba- sel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Commission Implementing Decision (EU) 2019/641 of 17 April 2019 on the terms and conditions of the authorisation of a biocidal product family containing 1R-trans phenothrin referred by Ireland in accordance with Article 36 of Regula- 24-04-19 tion (EU) No 528/2012 of the European Parliament and of the Council (notified under document C(2019) 2837) Corrigendum to Commission Regulation (EU) 2019/50 of 11 January 2019 amending Annexes II, III, IV and V to Regulation (EC) No 396/2005 of the Euro- pean Parliament and of the Council as regards maximum residue levels for chlorantraniliprole, clomazone, cyclaniliprole, fenazaquin, fenpicoxamid, fluoxas- trobin, lambda-cyhalothrin, mepiquat, onion oil, thiacloprid and valifenalate in or on certain products ( OJ L 10, 14.1.2019 ) Notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2020 and undertak- ings intending to produce or import these substances for essential laboratory and analytical uses in 2020 [2019/C 143/05] Commission Regulation (EU) 2019/649 of 24 April 2019 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards trans fat, other than trans fat naturally occurring in fat of animal origin Commission Regulation (EU) 2019/650 of 24 April 2019 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council 25-04-19 as regards Yohimbe (Pausinystalia yohimbe (K. Schum) Pierre ex Beille) Commission Regulation (EU) 2019/651 of 24 April 2019 refusing to authorise a health claim made on foods and referring to children's development and health Commission Implementing Regulation (EU) 2019/653 of 24 April 2019 amend- ing Regulation (EC) No 847/2006 as regards the Union tariff quotas for certain prepared or preserved fish

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OJ Date Subject Council Decision (EU) 2019/642 of 13 April 2019 amending Decision (EU) 2019/274 on the signing, on behalf of the European Union and of the European Atomic Energy Community, of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 Regulation (EU) 2019/632 of the European Parliament and of the Council of 17 April 2019 amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain Agreement on the withdrawal of the United Kingdom of Great Britain and North- ern Ireland from the European Union and the European Atomic Energy Commu- nity [2019/C 144 I/01] Statement of the Commission relating to Regulation (EU) 2019/632 of the Euro- pean Parliament and the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than electronic data-processing techniques provided for in the Union Customs Code and to the joint statement of the European Parliament and the Council thereon [2019/C 145/01] Council Decision (EU) 2019/658 of 2 March 2015 on the signing, on behalf of the Union and of the Member States, of the Protocol amending the Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People's Republic of China, of the other part, to take account of the accession of the Republic of Croatia to the European Union Council Decision (EU) 2019/659 of 8 April 2019 on the conclusion, on behalf of the Union and of the Member States, of the Protocol amending the Agreement on maritime transport between the European Community and its Member 26-04-19 States, of the one part, and the government of the People's Republic of China, of the other part, to take account of the accession of the Republic of Croatia to the European Union Protocol amending the Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People's Republic of China, of the other part Notice concerning the potential combined effects of anti-dumping or anti-subsidy measures with the safeguard measures on certain steel products [2019/C 146/06] Council Decision (EU) 2019/668 of 15 April 2019 on the position to be taken on behalf of the European Union at the ninth meeting of the Conference of the Par- 29-04-19 ties as regards the listing of certain chemicals in Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade Commission Delegated Regulation (EU) 2019/673 of 27 February 2019 amend- ing Regulation (EU) 2018/196 on additional customs duties on imports of certain products originating in the United States of America Commission Implementing Regulation (EU) 2019/675 of 29 April 2019 amending Regulation (EC) No 1067/2008 opening and providing for the ad- ministration of Community tariff quotas for common wheat of a quality 30-04-19 other than high quality from third countries Commission Implementing Regulation (EU) 2019/676 of 29 April 2019 approv- ing the low-risk active substance ABE-IT 56 (components of lysate of Saccharo- myces cerevisiae strain DDSF623), in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the plac- ing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

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OJ Date Subject Commission Implementing Regulation (EU) 2019/677 of 29 April 2019 concern- ing the non-renewal of the approval of the active substance chlorothalonil, in ac- cordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011

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

OJ Date Restrictive Measure Council Decision (CFSP) 2019/539 of 1 April 2019 amending Decision (CFSP) 02-04-19 2015/1333 concerning restrictive measures in view of the situation in Libya Commission Implementing Regulation (EU) 2019/555 of 5 April 2019 amending for the 298th time Council Regulation (EC) No 881/2002 imposing certain spe- 08-04-19 cific restrictive measures directed against certain persons and entities associ- ated with the ISIL (Da'esh) and Al-Qaida organisations Council Implementing Regulation (EU) 2019/560 of 8 April 2019 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran 09-04-19 Council Decision (CFSP) 2019/562 of 8 April 2019 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain per- sons and entities in view of the situation in Iran Commission Implementing Regulation (EU) 2019/567 of 9 April 2019 amending 10-04-19 Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq Commission Implementing Regulation (EU) 2019/596 of 11 April 2019 amending 12-04-19 Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq Commission Implementing Regulation (EU) 2019/622 of 17 April 2019 amending for the 299th time Council Regulation (EC) No 881/2002 imposing certain specific 23-04-19 restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations Council Implementing Regulation (EU) 2019/672 of 29 April 2019 implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of My- 30-04-19 anmar/Burma Council Decision (CFSP) 2019/678 of 29 April 2019 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma

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

FRANCE Official Gazette (Journal officiel)

Date Measure

Prime Minister: 1 Decree No. 2019-265 of 3 April 2019 on the determination in France of the social rights of persons who have completed periods of insurance 04-04-19 or periods of employment completed under United Kingdom legislation and the practice of the profession lawyer in case of no agreement on the withdrawal of the United Kingdom from the European Union Notices to importers

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The following notices were posted by Directorate General of Customs and Indi- rect Taxes (For laws and regulations, decrees, etc. please see listings under Other EU-EFTA Notices - Import-export related measures, below) :

Release Ref. No. and Subject Date 2019/20 - Notice to Importers of Ferro-Silicon Originating in Russia and the Peo- 02-04-19 ple's Republic of China 2019/21 - Notice to importers of prepared or preserved tuna fillets from Cape 10-04-19 Verde 2019/22 - Notice to Importers of Certain Pipe Fittings 2019/23 - Notice to importers of products eligible for tariff quotas: List of holidays without allowances 12-04-19 2019/24 - Notice to importers of goods from the United Kingdom 2019/25 - Notice to importers of mixtures of urea and ammonium nitrate originat- ing in Russia, Trinidad and Tobago and the United States 16-04-19 2019/26 - Notice to economic operators 2019/27 - Notice to Importers of Sulfanilic Acid Originating in the People's Repub- 17-04-19 lic of China 2019/28 - Notice to Importers of Certain Fiberglass Filament Products Originating 19-04-19 in the People's Republic of China 2019/29 - Notice to importers of iron and steel products 30-04-19 2019/30 - Notice to Importers of Certain Fiberglass Filament Products Originating in the People's Republic of China

THE NETHERLANDS Export control policy amended On 17 April 2019, a letter (22054 № 311) from the Ministers for Foreign Trade and Development Cooperation and Foreign Affairs was presented to the Lower House of the States General (Parliament) which set forth a tightened export con- trol policy. The letter states that as a result of the tightened arms export policy in connection with the conflict in Yemen, General Transit Regulation NL007 was amended and is now no longer usable for exports with Egypt as its final destina- tion. An individual license must now be applied for, which will result in a careful assessment against the eight criteria of the EU Common Position on arms ex- port. The transit arrangement can be used again for the final destination Qatar since this country is no longer part of the coalition led by Saudi Arabia.

A new policy regarding the period of validity of licenses will take effect on 1 July 2019 and is as follows:

Military goods  Individual and global licenses for military goods to allies (including after sales and brokering within the EU) will now be valid for three years, in accordance with the validity of global licenses for transfers within the EU;  The validity of individual and global licenses for military goods to third countries (non-allies) remains unchanged for one year, as it is not possible to make a care- ful risk assessment over a period longer than one year;  The period of validity of permits of a temporary nature, including applications for transit to third countries, as well as permits that are partly linked to other legisla- tion and regulations such as the Weapons and Ammunition Act (Wwm) remain unchanged for one year. Dual-use goods

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 The starting point is a standard validity period for all licenses for dual-use goods (individual and global) of two years;  Individual and global licenses for sensitive dual-use goods to sensitive destina- tions that are submitted to the Ministry of Foreign Affairs for assessment on the basis of the working arrangements with Customs will retain their current validity of one year. This also includes applications for exemption for the Chemical Weapons Convention, license applications for the so-called NSG Trigger List , Wassenaar Sensitive / Very Sensitive and Annex IV goods, permits related to sanctions and in the context of the anti-torture regulation (2019/125).

SWITZERLAND Recueil officiel

Date Measure FSIV Ordinance instituting measures to prevent the introduction of avian influ- enza present in certain Member States of the European Union (RS 29-03-19 916.443.102.1) FSVO Order instituting measures against the spread of African swine fever through import, transit and export trade with the Member States of the European Union, Iceland and Nor- way (RS 916.443.107) DFI Ordinance on Schedules of Narcotic Drugs, Psychotropic Substances, Pre- cursors and Chemical Additives (Ordinance on Narcotic Drugs, OTStup-DFI) (RS 812.121.11) 02-04-19 FSVO Ordinance instituting measures to prevent the introduction in Switzerland of lumpy skin disease present in some Member States of the European Union (RS 916.443.112) Ordinance of the DFI regulating the import, transit and export of animals and an- 03-04-19 imal products with third countries (OITE-PT-DFI) (RS 916.443.106) Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural 16-04-19 Imports, OIAgr) (RS 916.01) FSIV Ordinance instituting measures to prevent the introduction of avian influ- 18-04-19 enza present in certain Member States of the European Union (RS 916.443.102.1) FSVO Order instituting measures against the spread of African swine fever 25-04-19 through import, transit and export trade with the Member States of the European Union, Iceland and Norway (RS 916.443.107) Ordinance of the FDF on goods benefiting from customs relief according to their use (Ordinance on Customs relief, OADou) (RS 631.012) Ordinance on the Importation of Agricultural Products (Ordinance on Agricultural 30-04-19 Imports, OIAgr) (RS 916.01) Ordinance on the Export and Brokerage of Goods for the Surveillance of the In- ternet and Mobile Communications (RS 946.202.3)

Date Restrictive Measure Amendment to the Ordinance of 2 October 2000 instituting measures against 01-04-19 persons and entities related to Osama bin Laden, “al-Qaeda” group or the Tali- ban (RS 946.203) [Entry into force: 29-03-19] Amendment to the Ordinance instituting measures to prevent the circumvention 02-04-19 of international sanctions in relation to the situation in Ukraine (RS 946.231.176.72) [Entry into force 02-04-19 at 6 pm] Amendment to the Ordinance of 7 August 1990 instituting economic measures 05-04-19 towards the Republic of Iraq (RS 946.206) [Entry into force 04-04-19] Amendment to the Ordinance of 7 August 1990 instituting economic measures 09-04-19 towards the Republic of Iraq (RS 946.206) [Entry into force 08-04-19] Amendment to the Ordinance of 2 October 2000 instituting measures against 15-04-19 persons and entities related to Osama bin Laden, “al-Qaeda” group or the Tali- ban (RS 946.203) [Entry into force 13-04-19]

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Date Restrictive Measure Amendment to the Ordinance of 2 October 2000 on Measures against Persons 18-04-19 and Organizations Related to Usama bin Laden, the Al-Qaïda Group or the Tali- ban (RS 946.203) [Entry into force 17-04-19] Amendment to the ordinance of 14 March 2014 imposing measures against the Central African Republic (RS 946.231.123.6) [Entry into force: 18-04-19] 23-04-19 Amendment to the Ordinance of 2 October 2000 establishing measures against persons and organizations linked to Osama bin Laden, the “Al-Qaïda” group or the Taliban (RS 946.203) [Entry into force 18-04-19]

UNITED KINGDOM UK enacts Russia (Sanctions) (EU Exit) Regulations 2019 On 15 April 2019, the legislation.gov.uk website posted SI 2019/855 - The Russia (Sanc- tions) (EU Exit) Regulations 2019. According to the Explanatory Note that accompanied the Regulations, most of which will come into force on exit day:

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) to establish a sanctions regime under that Act in relation to Russia. These Regulations are made for the purpose of encouraging Russia to cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine. Following the UK’s withdrawal from the European Union, these Regulations will replace the EU sanctions regimes in relation to Russia. The EU sanctions regimes are currently implemented via EU Council Decisions and Regula- tions. The Regulations confer a power on the Secretary of State to designate persons who are, or have been, involved in destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine. Designated persons may be excluded from the United Kingdom and may be made subject to financial sanc- tions, including having their funds or economic resources frozen. These Regulations also impose restrictions on trade in military goods and technology, on certain dual-use and energy-related items, and impose restrictions on supplying infrastructure-related goods and technology to Crimea and on importing goods from Crimea. These Regulations also restrict the provision of services related to the trade in those items. The Regulations also restrict persons from dealing with certain finan- cial instruments, restrict the provision of finance and funds, and restrict investment in relation to Crimea. The Regulations provide for certain exceptions to this sanctions regime, including in relation to financial sanctions (for example to allow for frozen accounts to be credited with interest or other earnings), trade sanctions and also acts done for the purpose of national security or the prevention of serious crime. The Regulations also confer pow- ers on the Secretary of State and the Treasury to issue licences in respect of activi- ties that would otherwise be prohibited under the financial and trade sanctions im- posed. Schedule 5 of these Regulations sets out the purposes pursuant to which the Treasury will issue such licences. The Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in these Regulations and prescribe the mode of trial and penalties that apply to such offences. The Regulations also confer powers on specified maritime en- forcement officers to stop and search ships in international and foreign waters for the purpose of enforcing specified trade sanctions and to seize goods found on board ships which are being, or have been, dealt with in contravention, or deemed contra- vention, of those prohibitions. The Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The Regulations revoke the relevant EU Regulations relating to the existing EU Rus- sia sanctions regimes, in so far as those Regulations would have had effect in the UK after exit day. The Regulations also revoke existing UK trade and financial sanctions regulations relating to the existing EU Russia sanctions regimes.

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While most of the Regulations come into force on exit day, the following provi- sions came into force the day after the day on which the Regulations were made: regulation 2 (interpretation); regulation 4 (purposes); Part 2; and Schedule 1 (rules for interpretation of regulations 7(2) and 16(7)).

Legislation (legislation.gov.uk)

Date Measure SI 2019/670 - The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2019 SI 2019/696 - The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/719 - The Stamp Duty (Method of Denoting Duty) Regulations 2019 01-04-19 SI 2019/720 - The Chemicals (Health and Safety) and Genetically Modified Or- ganisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/732 - The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regu- lations 2019 / Rheoliadau Bwyd (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019 SI 2019/733 - The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/741 - The Common Rules for Access to the International Market for 02-04-19 Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 SR 2019/73 - The Plant Health (Import Inspection Fees) Regulations (Northern Ireland) 2019 SSI 2019/130 - The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 SSI 2019/131 - The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 SI 2019/753 - The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 03-04-19 SI 2019/758 - The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/759 - The Food and Farming (Amendment) (EU Exit) Regulations 2019 SI 2019/763 - The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 SI 2019/765 - The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 SI 2019/771 - The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019 SI 2019/782 - The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019 04-04-19 SI 2019/784 - The Health Services (Cross-Border Health Care and Miscellane- ous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 SI 2019/795 - The Import of and Trade in Animals and Animal Products (Amend- ment etc.) (EU Exit) Regulations 2019 SI 2019/786 - The Plant Health (Amendment) (England) (EU Exit) Regulations 2019 SI 2019/787 - The Plant Health (EU Exit) Regulations 2019 SI 2019/788 - The Food and Drink, Veterinary Medicines and Residues (Amend- ment etc.) (EU Exit) Regulations 2019 SI 2019/791 - The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 05-04-19 SI 2019/806 - The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) (No. 2) Regulations 2019 SI 2019/809 - The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 SI 2019/811 - The Trade in Animals and Related Products (Amendment) (North- ern Ireland) (EU Exit) Regulations 2019 SI 2019/812 - The Common Agricultural Policy and Market Measures (Miscella- neous Amendments) (EU Exit) Regulations 2019

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Date Measure SI 2019/813 - The Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019 SI 2019/819 - The Taxation (Cross-border Trade) Act 2018 (Appointed Day No. 5 and Miscellaneous Commencements) (EU Exit) Regulations 2019 SI 2019/802 - The Animal Welfare (Amendment) (EU Exit) Regulations 2019 SI 2019/814 - The Livestock (Records, Identification and Movement) (Amend- ment) (EU Exit) Regulations 2019 08-04-19 SI 2019/817 - The Aquatic Animal Health and Plant Health (Legislative Func- tions) (EU Exit) Regulations 2019 SI 2019/820 - The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regu- lations 2019 SI 2019/821 - The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 SI 2019/822 - The Market Measures (Marketing Standards) (Amendment) (EU 09-04-19 Exit) Regulations 2019 SI 2019/823 - The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 SI 2019/824 - The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 SI 2019/828 - The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regu- 10-04-19 lations 2019 SI 2019/830 - The Cat and Dog Fur (Control of Import, Export and Placing on the Market) (Amendment) (EU Exit) Regulations 2019 SI 2019/849 - The Regulated Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 SR 2019/82 - The Animal Health and Welfare (Amendment) Regulations (North- ern Ireland) 2019 SI 2019/859 - The European Union (Withdrawal) Act 2018 (Exit Day) (Amend- 11-04-19 ment) (No. 2) Regulations 2019 SI 2019/860 - The Food Additives, Flavourings, Enzymes and Extraction Sol- vents (Amendment etc.) (EU Exit) Regulations 2019 SI 2019/844 - The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 SI 2019/846 - The Heavy Duty Vehicles (Emissions and Fuel Consumption) (Amendment) (EU Exit) Regulations 2019 12-04-19 SI 2019/848 - The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 SI 2019/858 - The REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 SR 2019/85 - The Common Agricultural Policy (Review of Decisions) (Amend- ment) Regulations (Northern Ireland) 2019 15-04-19 SI 2019/732 - Correction Slip 1 SI 2019/735 - Correction Slip 1 SI 2019/737 - Correction Slip 1 SI 2019/865 - The Food and Drink, Veterinary Medicines and Residues (Amend- 16-04-19 ment etc.) (EU Exit) Regulations 2019 SSI 2019/142 - The Public Health and Tobacco (EU Exit) (Scotland) (Amend- 23-04-19 ment) Regulations 2019 SSI 2019/149 - The International Joint Investigation Teams (International Agree- 26-04-19 ments) (EU Exit) (Scotland) Order 2019

Date Restrictive Measure 05-04-19 SI 2019/792 - The Syria (Sanctions) (EU Exit) Regulations 2019 SI 2019/843 - The Sanctions (EU Exit) (Miscellaneous Amendments) Regula- 15-04-19 tions 2019 SI 2019/855 - The Russia (Sanctions) (EU Exit) Regulations 2019

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8465028-v6\WASDMS Baker McKenzie 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 03-04-19 Authorised Economic Operator Central Site change of address (CIP9) Tariff, Anti-Dumping and Other Notices 01-04-19 Notice 117: Authorised Economic Operator Notice 101: deferring duty, VAT and other charges Urea ammonium nitrate solutions originating in Russia, Trinidad and Tobago and 02-04-19 the US (Anti-Dumping Duty 2326) Ceramic tableware and kitchenware originating in China (Anti-Dumping Duty 2327) Revenue and Customs Brief 12 (2018): refunds of VAT in the UK for non-EU 04-04-19 businesses Anti-money laundering supervision: discussion about fees 05-04-19 Excise Notice 207: Excise Duty drawback 05-04-19 Partnership pack: preparing for changes at the UK border after a no deal EU exit Get a UK EORI number to trade goods into and out of the UK 08-04-19 Partnership pack: preparing for changes at the UK border after a no deal EU exit Notice 3001: customs special procedures for the Union Customs Code 10-04-19 How to make a cash declaration when entering or leaving the UK 16-04-19 Iron and steel pipe and tube fittings (Anti-Dumping Duty 2329) 18-04-19 Help and support for traders if the UK leaves the EU with no deal (Updated) 24-04-19 Guidance: Customs Warehousing (Updated) Urea and ammonium nitrate solutions, originating in Russia, US, Trinidad and Tobago (Anti-Dumping Duty 2330) Imports of melamine, originating in the People’s Republic of China (Anti-Dumping 25-04-19 Duty 2332) Grain-oriented flat-rolled products of silicon-electrical steel, originating in Japan (Anti-Dumping Duty 2331) Woven textile fabrics (Tariff notice 4) Threaded articles made of stainless steel with an internal thread (Tariff notice 5) Notice 205: official customs seals and trader sealing 29-04-19 Article used to organise cables in cabinets (Tariff notice 6) Apparatus for the transfer of liquid droplets (Tariff notice 7) Fabric designed to be hung on a high bed rail (Tariff notice 8) Classification of high speed cameras (Tariff notice 10) Goods Location Codes for data element 5/23 of CDS 30-04-19 Audio apparatus for sound reproduction of audio files (Tariff notice 11) Customs Declaration Service procedure codes (Tariff stop press notice 15)

ECJU Notices to Exporters and DIT documents The following Export Control Joint Unit (ECJU) Notices to Exporters and other re- leases, and Department for International Trade (DIT) documents, reports, consul- tations, trade agreements and country guides were issued [DBEIS= Department for Business, Energy & Industrial Strategy; FCO=Foreign & Commonwealth Of- fice; HMT= HM Treasury; RPC= Regulatory Policy Committee]:

Date Notice No. and Subject Notice to Exporters 2019/05. Her Majesty’s Revenue & Customs (HMRC) re- cently issued a compound penalty of £82,152.33 to a UK exporter. This related 03-04-19 to unlicensed exports of military goods controlled by The Export Control Order 2008.[unlicenced exports of controlled military goods]

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Date Notice No. and Subject Signed UK trade agreements transitioned from the EU Added Iceland and Nor- way (DIT) 02-04-19 Guidance - Existing trade agreements if the UK leaves the EU with no deal Removed EEA countries from the list (DIT) EU-Vietnam Free Trade Agreement (EUVTFA): RPC Opinion (DIT, RPC) 05-04-19 Collection - CARIFORUM-UK Economic Partnership Agreement 10-04-19 Guidance - Proof of origin: trade continuity agreements and GSP (DIT) Policy paper - Continuing the UK's trade relationship with the Pacific States: par- 12-04-19 liamentary report (DIT) Updated Collection - Providing services to EEA and EFTA countries after EU Exit (DIT, 17-04-19 DBEIS, FCO) Guidance - Trade remedies: investigating dumped or subsidised goods (DIT) 23-04-19 Guidance - Who is subject to financial sanctions in the UK? (DIT, OFSI) (Up- dated)

OTHER EU-EFTA COUNTRIES Import-export related measures The following import, export or antibribery measures were published in the on- line editions of the official gazettes of the countries shown during the period cov- ered 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

GERMANY Law for the transitional period following the withdrawal of the United Kingdom of 03-04-19 Great Britain and Northern Ireland from the European Union (Brexit Transition Law BrexitÜG) (27-03-19) from No. 11 from 03.04.19, page 402 ICELAND № 311/2019 Rules amending rules № 200/2017 on Foreign Exchange, with sub- 02-04-19 sequent amendments № 390/2019 Regulation on the allocation of tariff quotas for imports of agricul- 30-04-19 tural products from the EU Member States. IRELAND (EIRE) S.I. № 149 of 2019 - Communications Regulation (Universal Postal Service) (Amendment) Regulations 2019. 12-04-19 S.I. № 150 of 2019 - Communications Regulation (Universal Postal Services) Order 2019. LIECHTENSTEIN LGBI № 2019.087 Notice of 26 March 2019 amending Annex 3 to the Agree- 04-04-19 ment establishing the World Trade Organization (LR № 0.632.20 LGBI № 2019.093 Announcement of 16 April 2019 of the Swiss legislation appli- cable pursuant to the customs agreement in the Principality of Liechtenstein (Annexes I and II) (LR № 170.551.631) LGBI № 2019.098 Exchange of Letters between the Principality of Liechtenstein and the European Union concerning the adoption of certain Commission Imple- menting Decisions of 15 October 2018 and 25 February 2019 in the context of the Entry / Exit System (EES) (further development of the Schengen acquis) (LR 23-04-19 № 0.362.380.093) LGBI № 2019.099 Exchange of Letters between the Principality of Liechtenstein and the European Union concerning the adoption of Regulation (EU) 2019/592 amending Regulation (EU) 2018/1806 establishing the list of third countries whose nationals must be in possession of visas when crossing the external bor- ders, and the list of third countries whose nationals are exempt from that re- quirement, with a view to the withdrawal of the United Kingdom from the Union (further development of the Schengen acquis) (LR № 0.362.380.094)

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Date* Measure

LUXEMBOURG Mem A237: Law of 8 April 2019 on measures to be taken in relation to the finan- cial sector in the event of withdrawal from the United Kingdom of Great Britain and Northern Ireland of the European Union and amending: 1 ° the amended law of 5 April 1993 relating to the financial sector; 2 ° the amended law of 10 November 2009 on payment services; 3 ° the amended law of 17 December 2010 on undertakings for collective invest- ment; 4 ° the amended law of 12 July 2013 on alternative investment fund managers; 5 ° the amended law of 7 December 2015 on the insurance sector; and 6 ° the amended law of 18 December 2015 on the default of credit institutions and certain investment firms. Mem A238: Law of 8 April 2019 on measures to be taken in relation to the finan- 11-04-19 cial sector in the event of withdrawal from the United Kingdom of Great Britain and Northern Ireland of the European Union and amending: 1 ° the amended law 13 February 2007 relating to specialized investment funds; and 2 ° the amended law of 17 December 2010 on undertakings for collective invest- ment. Mem A244: Grand-Ducal Regulation of 8 April 2019 amending the amended Grand-Ducal Regulation of 27 February 2014 laying down the conditions for the marketing, production and certification of cereal seed. Mem A245: Grand-Ducal Regulation of 8 April 2019 amending the Grand-Ducal Regulation of 1 June 2018 laying down the conditions for the marketing, produc- tion and certification of fodder plant seeds. Mem A249: Publication of the Annex to Commission Directive (EU) 2019/514 of 14 March 2019 amending Directive 2009/43 / EC of the European Parliament 16-04-19 and of the Council as regards the list of products related to the defense, in ac- cordance with article 22 of the law of 27 June 2018 on the control of exports. Mem A250: Grand-Ducal Regulation of 8 April 2019 amending the Grand-Ducal 17-04-19 Regulation of 25 April 2001 concerning the marketing of propagating material of ornamental plants. Mem A267: Implementation of new European non-electric standards applicable in the Grand Duchy of Luxembourg. Mem A268: Implementation of new European standards in the electrotechnical 24-04-19 field applicable to the Grand Duchy of Luxembourg. Mem A269: Implementation of new European telecommunications standards ap- plicable in the Grand Duchy of Luxembourg. MALTA LN 77 of 2019 – Prevention of Money Laundering and Funding of Terrorism 16-04-19 (Amendment) Regulations, 2019 - Government Gazette of Malta No. 20,171– 16.04.2019 NORWAY FOR-2019-03-30-426 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the regulations on nutrition and health claims about food FOR-2019-04-01-427 MINISTRY OF HEALTH AND CARE SERVICES Regulations on 02-04-19 amendments to regulations on residues of pesticides in food and feed FOR-2019-04-01-428 MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to regulations on pesticides FOR-2019-03-18-434 MINISTRY OF CLIMATE AND ENVIRONMENT Regulations on amendments to the product regulations (amendment to § 2-5) [prohibited to pro- duce, import, export, market and use octylphenol and octylphenol ethoxylates, and preparations containing these substances] FOR-2019-03-18-435 MINISTRY OF CLIMATE AND ENVIRONMENT Regulations on the 03-04-19 amendment of the product regulations FOR-2019-03-29-437 MINISTRY OF HEALTH AND CARE SERVICES Regulations on changes in the aroma regulations FOR-2019-03-29-438 MINISTRY OF CLIMATE AND ENVIRONMENT Regulations on amendments to the regulation on biocides (the Biocides Regulations)

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Date* Measure

FOR-2019-03-30-439 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to regulations on limit values for drug residues in foodstuffs from animals FOR-2019-04-01-440 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to regulations on materials and objects in contact with foodstuffs (food contact regulations) FOR-2019-04-01-441 MINISTRY OF HEALTH AND CARE SERVICES, MINISTRY OF AGRI- CULTURE AND FOOD, MINISTRY OF TRADE AND FISHERIES Regulations on amend- ments to regulations on limit values for drug residues in foodstuffs from animals FOR-2019-04-01-442 MINISTRY OF LABOR AND SOCIAL AFFAIRS, MINISTRY OF CLI- MATE AND ENVIRONMENT, MINISTRY OF JUSTICE AND EMERGENCY PLANNING, MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the CLP regula- tions [classification, labeling and packaging of substances and preparations classification, labeling and packaging of substances and preparations] FOR-2019-04-02-445 MINISTRY OF CLIMATE AND ENVIRONMENT, MINISTRY OF LABOR AND SOCIAL AFFAIRS, MINISTRY OF JUSTICE AND EMERGENCY PLANNING Regulations on amendments to regulations on the registration, assessment, approval and limitation of chemicals (REACH regulations) FOR-2019-04-04-456 MINISTRY OF AGRICULTURE AND FOOD, MINISTRY OF TRADE 05-04-19 AND INDUSTRY Regulations on amendments to regulations on labeling and marketing of feed materials FOR-2019-04-01-461 MINISTRY OF AGRICULTURE AND FOOD Regulations on 08-04-19 amendments to regulations on notification and notification of disease in animals FOR-2019-04-08-468 MINISTRY OF TRANSPORT AND COMMUNICATIONS Regula- tions on certain aspects of aviation security with regard to the UK's exit from the EU FOR-2019-04-10-471 MINISTRY OF FINANCE Regulations on statutory insurance etc. which are subscribed to British companies and have access to provide in- 10-04-19 surance services, etc. after the United Kingdom of Great Britain and Northern Ireland (UK) withdrawal from the European Union (EU) FOR-2019-04-10-481 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the Regulations of 2 November 2004 no. 1441 on the manufac- ture and import of pharmaceuticals, … on Pharmacy at the United Kingdom's withdrawal from the European Union FOR-2019-04-02-493 MINISTRY OF HEALTH AND CARE SERVICES Regulations on amendments to the regulations on food additives 12-04-19 FOR-2019-04-09-494 MINISTRY OF FOREIGN AFFAIRS Regulations on amend- ments to regulations on the export of defense materials, multipurpose goods, technology and services FOR-2019-04-24-532 MINISTRY OF HEALTH AND CARE SERVICES, MINISTRY OF 26-04-19 TRADE AND INDUSTRY, MINISTRY OF AGRICULTURE AND FOOD Regulations on amendments to the regulations on additives for use in feed POLAND № 620 Act of 15 March 2019 on the rules of conducting business activity by some entities of the financial market in connection with the occurrence of the United Kingdom of Great Britain and Northern Ireland from the European Union without concluding the agreement referred to in art. 50 ust. 2 of the Treaty on European Union № 621 Act of 15 March 2019 on the regulation of certain matters related to the recognition of professional qualifications in connection with the occurrence of the 02-04-19 United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community without concluding the agreement referred to in art. 50 ust. 2 of the Treaty on European Union № 622 Act of March 15, 2019 on the regulation of certain cases in connection with the occurrence of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community without concluding the agreement referred to in art. 50 ust. 2 of the Treaty on European Union № 638 The Act of February 22, 2019 amending the Act on Health Protection 04-04-19 against the Consequences of Using Tobacco and Tobacco Products

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Date* Measure № 703 Regulation of the Minister of Entrepreneurship and Technology of March 16-04-19 29, 2019 amending the ordinance on permits for the import or export of goods granted under the means of administering trade in goods with foreign countries № 714 Decree of the Minister of Finance of March 22, 2019 regarding the publi- cation of a uniform text of the Minister of Finance's ordinance on the place of providing services and refund of the amount of tax charged to an entity purchas- 17-04-19 ing (importing) goods or services № 716 Regulation of the Minister of Finance of April 12, 2019 regarding ele- ments of the security provided on the unit packaging of tobacco products sold in free zones to travelers traveling to third countries № 754 Regulation of the Minister of Agriculture and Rural Development of 17 April 2019 amending the regulation on the labeling of particular types of food- stuffs 25-04-19 № 758 Announcement of the Prime Minister of April 2, 2019 regarding the publi- cation of a uniform text of the regulation of the Council of Ministers regarding the Special Economic Zone of Legnica SPAIN INDUSTRY, TRADE & TOURISM (ITT): Resolution of April 1, 2019, of the General Di- rectorate of Industry and of the Small and Medium-Sized Companies, by which the UNE standard projects that the Spanish Standardization Association has in process, corresponding to the month of the year, are submitted to public infor- mation. March 2019.(BOE-A-2019-5063) 05-04-19 ITT: Resolution of April 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, whereby the European and international standards projects that have been processed as UNE standard projects by the Spanish Association are submitted to public information. of Normalization, corre- sponding to the month of March 2019. (BOE-A-2019-5064) ITT: Resolution of April 1, 2019, of the General Directorate of Industry and of the Small and Medium-Sized Companies, publishing the list of European standards that have been ratified during the month of March 2019 as Spanish norms. (BOE-A-2019-5219) ITT: Resolution of April 1, 2019, of the General Directorate of Industry and of the 08-04-19 Small and Medium-Sized Companies, publishing the list of UNE regulations an- nulled during the month of March 2019. (BOE-A-2019-5220) ITT: Resolution of April 1, 2019, of the General Directorate of Industry and of Small and Medium-Sized Enterprises, by which the list of UNE standards ap- proved by the Spanish Association for Standardization is published, during the month of March 2019.(BOE-A-2019-5221) Resolution of April 3, 2019, of the Congress of Deputies, ordering the publication of the Convalidation Agreement of Royal Decree-Law 5/2019, of March 1, by which contingency measures are adopted before the withdrawal of the United 10-04-19 Kingdom of Great Britain and Northern Ireland of the European Union without the agreement provided for in Article 50 of the Treaty on European Union being reached.(BOE-A-2019-5328) Law 2/2019, of March 1, on food quality, differentiated quality and direct sale of food products. (BOE-A-2019-5481) PRESIDENCY: Royal Decree 258/2019, of April 12, which modifies Royal Decree 12-04-19 824/2010, of June 25, which regulates pharmaceutical laboratories, manufactur- ers of active pharmaceutical ingredients and foreign trade of medicines and medicines in research. (BOE-A-2019-5568) AGRICULTURE, ETC.: Order APA / 447/2019, of April 12, which modifies Order APA / 1076/2018, of October 11, which establishes the phytosanitary require- 16-04-19 ments for the import or entry of wooden packaging and pallets in the Autono- mous Community of the Canary Islands. (BOE-A-2019-5799 - 2 pages - 220 KB )

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

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websites during the period covered by this Update. [This is a partial listing, unoffi- cial translations.] *The date shown may be the signature date, release date or publication date, depending on local practice.

Date* Restrictive Measure

IRELAND (EIRE) S.I. No. 168/2019 - European Union (Restrictive Measures concerning the Dem- ocratic People’s Republic of Korea) (No. 2) Regulations 2019 S.I. No. 169/2019 - European Union (Restrictive Measures concerning Tunisia) Regulations 2019 S.I. No. 170/2019 - European Union (Restrictive Measures concerning Syria) 26-04-19 Regulations 2019 S.I. No. 171/2019 - European Union (Restrictive Measures concerning South Sudan) (No. 2) Regulations 2019 S.I. No. 172/2019 - European Union (Restrictive Measures concerning the Dem- ocratic Republic of the Congo) Regulations 2019 LIECHTENSTEIN LGBI № 2019.090 Ordinance of 9 April 2019 amending the Regulation on 11-04-19 measures against Libya (LR № 946.221.4) LGBI № 2019.092 Ordinance of 16 April 2019 amending the Ordinance on 23-04-19 Measures against the Islamic Republic of Iran (LR № 946.223.3)

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

Date Subject Regulation Amending the Regulation on the Procedures to be Applied in the 02-04-19 Import and Export of Measurement and Measurement Instruments Communiqué on the Administration of Quota and Tariff Quotas in Importation (No: 2019/2) 03-04-19 Communiqué Amending the Communiqué on Imports to be Taken by Public In- stitutions and Imports (Import: 2018/2) Regulation Amending the Regulation on the Procedures to be Applied in the 04-04-19 Import and Export of Measurement and Measurement Instruments 07-04-19 PRESIDENT: (Additional Decision to Import Decree (Number of Decision: 863) Regulation Amending the Regulation on the Announcement of the Finalization 10-04-19 of the Finalized Conviction in relation to the Types of Smuggling Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/11) Communiqué on the Prevention of Unfair Competition in Importation (No: 12-04-19 2019/12) Communiqué on the Prevention of Unfair Competition in Importation (No: 2019/13) The Presidency of the Presidency No: 2019/6 Concerning the Coordination 13-04-19 Committee on Trade Facilitation Decision on the Amendment of the Decision on the Implementation of Tariff 17-04-19 Quota in Potato Imports (Number of Decisions: 951) The United Nations Security Council 2140 (2014), 2216 (2015), 2402 (2018) and 2456 (2019) of Decision No Line with some of the people, found Banks in Turkey and other financial institutions with real and legal persons in Deposit 18-04-19 Box Available at Reserve Position Including, All Rights and Receivables and assets to freeze up to 26/2/2020 Date and all sorts of transactions related to the Treasury and the Ministry of Finance Resolution on the Resolution of the Decision (Number of decisions: 969)

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Date Subject Communiqué on the Amendment to the Communiqué Regarding Exported Goods (Communiqué No: Export 2006/7) (Export: 2019/3) Decision on the Implementation of Tariff Quotas in the Import of Some Textile 19-04-19 Products (Number of Decisions: 1002) December 10, 1991 “Agreement between the EFTA States and Turkey,” dated 20-04-19 April 6, 2017 and the Joint Committee established by Decision No. 1/2017 on the Ratification of the Decision (Decision Number: 1009) Presidency of the Presidency of the World Trade Organization Coordination 27-04-19 Council No: 2019/7 List of Inward Processing Permits (D1) of March 2019 List of Taxes, Duties and Exemptions for March 2019 (Y) 28-04-19 List of Permissions for Inward Processing, Revoked Based on Company Re- quest

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 or Central Executive Authorities (Урядовий Кур'єр) website during the period of coverage of this Update:

Date Subject № AD-408/2019/4411-03 (03-04-19) - Notification of anti-dumping investigation and implementation of the anti-dumping investigation on the importation of ca- bles and wire ropes from Russia № SP-409/2019 / 4411-03 (03-04-19) - Notification on violation and conduct of review of special measures for the import into Ukraine of flexible porous plates, 06-04-19 blocks and sheets of polyurethane foams, regardless of country of origin and export № AD-410/2019/4411-03 (03-04-19) Notification of extending for additional 5 years the anti-dumping measures on glass containers of medical purpose with capacity up to 0,15 liters originating in Russia On amendments to the list of goods prohibited for import into the customs terri- tory of Ukraine originating from the Russian Federation Resolution of the Cabinet of Ministers of Ukraine dated April 10, 2019 No. 305 On amendments to the list of goods prohibited for import into the customs terri- tory of Ukraine originating from the Russian Federation 10-04-19 Resolution of the Cabinet of Ministers of Ukraine dated April 10, 2019 No. 306 On the submission for ratification by the Verkhovna Rada of Ukraine of an agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Poland on the maintenance of border road bridge objects at the Ukrainian-Polish state border Order of the Cabinet of Ministers of Ukraine dated April 10, 2019 No. 244-p № AD-413/2019/4411-03 (17-04-19) – Certain solid fertilizers (ammonium ni- trate) and other mineral or chemical products originating in Russia – AD review № AD-411/2019/4411-03 (17-04-19) - Termination of the anti-dumping investi- gation on import of syringes originating in India, Turkey and China without the use of definitive anti-dumping measures 20-04-19 № AD-412/2019 / 4411-03 (17-04-19) - On the application of final anti-dumping measures regarding the importation into Ukraine of tubes of rubber medical supplies originating in Poland and China – 5 years anti-dumping measures № AD-414/2019 / 4411-03 (17-04-19) Notification of anti-dumping investigation and implementation of the anti-dumping investigation on the importation of gas concrete blocks originating In Belarus

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Date Subject Ministry of Economic Development and Trade announces the expiration of the term of application of the final anti-dumping measures on imports into Ukraine of seamless stainless steel pipes originating in the People's Republic of China № AD-326/2014/4421-06 of 27-11-2014 Ministry of Economic Development and Trade announces the expiration of the term of application of the final anti-dumping measures on imports into Ukraine of switching transfers originating in Russia № AD-325-2014/4421-06 of 25-11- 2014

MIDDLE EAST AND NORTH AFRICA MOROCCO Recent Developments on Transfer Pricing The legal framework relating to transfer pricing has undergone several changes over the past two years in Morocco.

More recently, the 2019 Financial Act has introduced new requirements for trans- fer pricing documentation.

Moroccan taxpayers will have to prepare specific documentation to justify their transfer pricing policy to the tax administration. This is intended to improve the control of transfer pricing and audit procedures and to align with existing interna- tional practices in this area.

Previously, an Advance Transfer Pricing Agreement program (APA), which is op- tional, had been introduced in 2017 by the Moroccan government for multina- tional companies established in Morocco allowing the conclusion of APAs be- tween the tax administration and taxpayers located in Morocco.

The APA mechanism is governed by Articles 234 bis and 234 ter of the Moroc- can General Tax Code.

Under these articles, only Moroccan companies with direct or indirect links of de- pendence with foreign companies and carrying out specific transactions with said foreign companies are allowed to apply for the APA. The specific transactions consist of transfer of goods, provision of services, sale/concession of intangible items, financial transactions, current or exceptional transactions, provision of per- sonnel or goods. The APA’s validity is limited to four fiscal years.

This program allows the taxpayer to ensure that there will be no reassessment from the tax administration of corporate income tax relating to its transfer pricing policy throughout the expected period, if it complies with the provisions of the APA as concluded. Decree No. 2-16-571 dated 3 July 2017 sets forth the proce- dure to be followed for the conclusion of the APA.

Contacts: Richard Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila.

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8465028-v6\WASDMS Baker McKenzie EURASIAN ECONOMIC UNION (EAEU) Decisions and recommendations of the Eurasian Economic Com- mission The following Eurasian Economic Commission (EEC) decisions and recommen- dations 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 Board (Коллегии) of the Eurasian Economic Commission Решения № 46 (02-04-19) On introducing changes in the structure and format of prelimi- nary information on goods intended for importation into the customs territory of the Eurasian Economic Union by road № 47 (02-04-19) On introducing changes in the structure and format of prelimi- nary information on goods intended for importation into the customs territory of the Eurasian Economic Union by rail № 48 (02-04-19) On introducing changes in the structure and format of prelimi- nary information on goods intended for importation into the customs territory of the Eurasian Economic Union by water transport № 49 (02-04-19) On introducing changes in the structure and format of prelimi- nary information on goods intended to be imported into the customs territory of 05-04-19 the Eurasian Economic Union by air № 50 (02-04-19) About non-application of some recommendations of the Board of the Eurasian Economic Commission № 51 (02-04-19) About the classifier types of checkpoints across the customs border of the Eurasian Economic Union № 52 (02-04-19) On the list of technical regulations of the Eurasian Economic Union (technical regulations of the Customs Union) № 53 (02-04-19) On the classifier of types of identification documents № 54 (02-04-19) About the classifier of organizational and legal forms of man- agement in the framework of the Eurasian Economic Union № 55 (02—4-19) On the technical task for the development of an integrated in- formation system of the Eurasian Economic Union № 56 (16-04-19) On the classification of the drug based on live lactic acid bac- teria in accordance with the single Commodity Nomenclature of Foreign Eco- nomic Activity of the Eurasian Economic Union № 57 (16-04-19) On the classification of semi-finished meat “beef patty” in ac- cordance with the single Commodity Nomenclature of Foreign Economic Activ- ity of the Eurasian Economic Union № 58 (16-04-19) On the requirements for the package of documents for initiat- ing a project in the framework of the implementation of the digital agenda of the Eurasian Economic Union and the form of a passport for such a project № 59 (16-04-19) About the classifier medicinal plant materials № 60 (16-04-19) On making changes to the list of standards containing the rules and methods of research (testing) and measurements, including the rules 19-04-19 for sampling, necessary for the application and implementation of the require- ments of the Technical Regulations of the Customs Union “On packaging safety” (ТР ТС 005/2011) and implementation compliance of technical regula- tion objects № 61 (16-04-19) On the transitional provisions of the technical regulations of the Eurasian Economic Union “On the safety of alcoholic beverages” (TP EAEU 047/2018) № 62 (16-04-19) About the classifier of medical applications for medical de- vices № 63 (16-04-19) On introducing changes to section 2.1 of the list of goods in respect of which a permitting procedure has been established for importation into the customs territory of the Eurasian Economic Union and (or) exportation from the customs territory of the Eurasian Economic Union

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Publication Title Date № 64 (16-04-19) On Amendments to the List of Executive Authorities of the Member States of the Eurasian Economic Union, the authorized representa- tives of which are included in the Advisory Committee on the interaction of reg- ulatory bodies at the customs border of the Eurasian Economic Union № 65 (16-04-19) On the classification of gasohol in accordance with the single Commodity Nomenclature for Foreign Economic Activity of the Eurasian Eco- nomic Union № 66 (16-04-19) On amending Annex No. 4 to the Instruction on the procedure for filling in a goods declaration № 67 (16-04-19) About reference books and classifiers used in the field of transport and traffic № 68 (23-04-19) About the Program for the development (amendment, revi- sion) of intergovernmental standards, as a result of which voluntary compliance with the requirements of the technical regulations of the Eurasian Economic Union “On the safety of fish and fish products” (EAEU TR 040/2016), as well as 26-04-19 intergovernmental standards containing rules and methods of research (testing) and measurements, including the rules for sampling, necessary for the applica- tion and execution of the requirements of the technical regulations of the Eura- sian Economic ”On the safety of fish and fish products” (EAEU TR 040/2016) and the assessment of compliance of technical regulation objects Board Распоряжение № 56 (02-04-19) On the implementation of the general process “Formation, maintenance and use of a single register of medical devices registered within the Eurasian Economic Union” № 57 (02-04-19) On the implementation of the general process “Formation and maintenance of unified registers of issued or adopted documents on conformity 05-04-19 assessment to the technical regulations of the Eurasian Economic Union (Tech- nical Regulations of the Customs Union)” in terms of a unified register of issued certificates of conformity and registered declarations of conformity № 58 (02-04-19) On amending the composition of the Advisory Committee on the agro-industrial complex

Classification decisions adopted by the Commission and prelimi- nary 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 web- site 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 24 March 2019. The table lists the tariff codes, a description, ra- tionale (GRIs) for the decision.

BELARUS Preliminary decisions on tariff classification The State Customs Committee maintains a searchable database of preliminary decisions on the tariff classification of goods (База данных товаров, в отношении которых принято предварительное решение о классификации). The database has been updated through March 2019. It may be searched by tariff code or description (in Russian).

RUSSIAN FEDERATION Russia expands sanctions against Ukraine Russia has introduced additional sanctions against Ukraine, including banning the export of oil and oil products.

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Governmental Resolution No. 460-25, adopted on 18 April 2019 with immediate effect, sets out the following new Russian sanctions on Ukraine:

1. Further extends the list of banned imports introduced by Resolution No. 1716-83. The list, which initially included agricultural products, raw materials, food prod- ucts, industrial goods and certain personal hygiene products, now also covers certain engineering products, light industry goods and metalwork products listed according to their names and HS classification codes. 2. These goods are prohibited from entering Russia if they (i) originate from Ukraine, (ii) are supplied from Ukraine, or (iii) have been in transit through the territory of Ukraine. 3. Lists products that cannot be exported from Russia to Ukraine. The list covers oil, oil products and other goods identified by their names and HS classification codes. 4. Introduces a list of products that, starting from June 1, 2019, cannot be exported from Russia to Ukraine without permission from the Russian Ministry of Eco- nomic Development. The list includes certain fuel and energy products specified in accordance with their names and HS classification codes.

According to the Russian Prime Minister, Resolution No. 460-25 was adopted in response to Ukraine’s recent decision to expand its own list of products the im- portation of which from Russia to Ukraine is prohibited.

If you have any questions, please contact the authors, Alexander Bychkov and Vladimir Efremov.

Legislation (acts, resolutions, orders, etc.) The following Russian Federation (RF) Acts, Government Resolutions/Decrees (Постановление Правительства) (GR), Federal Customs Service (FCS) Or- ders and other pieces of legislation were published in the Rossiyskaya Gazeta or the Official Portal for Legal Information (Официальный интернет-портал правовой информации) during the period of coverage of this Update:

Date of Subject Publication Order of the Federal Customs Service of 28.02.2019 № 340 ”On approval of the form of confirmation of payment of customs duties and taxes” (Registered on 03/29/2019 No. 54206) 01-04-19 Order of the Federal Customs Service of February 28, 2019 № 341 ”On the de- termination of customs authorities taking decisions on granting deferral or in- stallment plans for the payment of import customs duties and taxes” (Registered on 3/29/2019 No. 54207) Order of the Federal Customs Service of 08.02.2019 № 226 ”On approval of the decision form based on the results of customs control, the procedure for fill- ing it out and making changes (amendments) to the said decision, the form of 03-04-19 the decision on introducing changes (amendments) to the decision according to the results of customs control, the order of its filling” (Registered 02/04/2019 No. 54247) Order of the Federal Customs Service of 12.03.2019 № 377 ”On approval of the procedure for confirming the placement of goods for personal use in the places of their temporary storage by a foreign individual who imported such goods and intends to move to a permanent place of residence in the Russian 04-04-19 Federation, receive refugee status immigrant in accordance with the legislation of the Russian Federation “ (Registered on 03/04/2019 No. 54255) Order of the Federal Customs Service dated 12/03/2019 № 378 ”On Approval of the decision on the classification of goods and to goods for personal use, the

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Date of Subject Publication order of its filling, changes in the decision” (Registration number 54257 04/03/2019) Order of the Federal Customs Service of 12.03.2019 № 379 ”On approval of the form of the act of acceptance of goods placed under the customs procedure of refusal in favor of the state” (Registered 03.04.2019 No. 54256) Order of the Federal Customs Service of 12.03.2019 № 380 ”On establishing the procedure for keeping records of goods placed under the free warehouse customs procedure and goods manufactured (received) using goods placed un- der the free warehouse customs procedure, reporting forms for such goods, fill- ing out such forms and the procedure and deadlines for submitting such reports to the customs authority” (Registered on 03/04/2019 No. 54261) Order of the Federal Customs Service of 12.03.2019 № 381 ”On approval of the procedure for organizing customs escort for customs escort of vehicles only on the territory of the Russian Federation” (Registered on 03/04/2019 No. 54260) Order of the Federal Customs Service of 05.02.2019 № 180 ”On approval of the Procedure for withdrawal of customs, transport (conveyance), commercial and other documents, means of identification of such documents and goods for 05-04-19 conducting customs examination and the form of an act of withdrawal of cus- toms, transportation (transportation), and other documents, means of identifica- tion of such documents and goods for the customs examination “ (Registered 04/04/2019 No. 54281) Order of the Federal Customs Service of February 28, 2019 No. 342 ”On ap- proval of the forms of documents required to change the deadlines for the pay- 09-04-19 ment of import customs duties and taxes in the form of deferment or installment plans, as well as the procedures for their filling, consideration and decision- making on them” (Registered 09.04.2019 No. 54314) Order of the Federal Customs Service of 18.03.2019 No. 446 ”On approval of the carrier’s application form for unloading (transfer) of supplies and the form of 11-04-19 a decision of the customs authority based on the results of the said applica- tion” (Registered on 11.04.2019 No. 54339) Order of the Federal Customs Service of 06.02.2019 No. 194 ”On approval of the forms and procedures for filling out documents used in making decisions on the classification of goods moved across the customs border of the Eurasian Economic Union in unassembled or disassembled, including incomplete or in- complete, import or the export of which is expected by various consignments for a fixed period of time, when making changes to such a decision, if the appli- cation is refused and the decision is made, and also upon termination of such a decision “ (Registered 04/11/2019 No. 54347) Order of the Federal Customs Service of March 18, 2019 No. 424 ”On recog- nizing invalid the order of the Federal Customs Service of Russia of June 23, 2015 No. 1232” On approval of the forms of documents used in making deci- sions on the classification of goods in unassembled or disassembled, including incomplete or an uncompleted form according to the uniform Commodity No- 12-04-19 menclature of Foreign Economic Activity of the Eurasian Economic Union, as well as the procedure for filling in the decision on the classification of goods in unassembled or disassembled, including incomplete or uncompleted de, import or export of which is assumed various consignments within the stipulated pe- riod of time “ (4.11.2019 Registered № 54346) Order of the Federal Customs Service of 18.03.2019 No. 442 ”On approval of the application form for the transfer of goods placed under the customs proce- dure of temporary admission (tolerance), the form of the obligation of the per- son to whom the goods are transferred, on compliance with the conditions of use of goods in accordance with the customs procedure of temporary admis- sion ( admission), the requirements and conditions of temporary importation and the form of the decision of the customs authority on the results of consider- ation of the said application “ (Registered 04/11/2019 No. 54345) Order of the Federal Customs Service of 14/1/2019 № 28, ”On the classifica- 16-04-19 tion in accordance with the Single Commodity Nomenclature of Foreign Trade

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Date of Subject Publication of the Eurasian Economic Union of certain goods” (Registration № 54388 04/16/2019) Order of the Ministry of Internal Affairs of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, the Federal Customs Service of 18.03.2019 No. 135/857/409 ”On the recognition of regulatory acts on the is- suance of vehicle passports and vehicle chassis passports” (registered 15.04 .2019 No. 54380) Order of the Federal Customs Service of 18/3/2019 № 443 ”On approval of the application form for an extension of the customs procedure of temporary export and shape decisions of the customs authority on the results of consideration of the application” (Member 04.15.2019 № 54373) Order of the Federal Customs Service of 18/3/2019 № 445 ”On approval of the application form for transactions with goods placed under the customs proce- dure of customs warehouse, and shape decisions of the customs authority on the results of consideration of the application” (Registration № 54374 15/04/2019)

Africa

AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA) AfCFTA ratified by necessary 22 countries

See article under OTHER INTERNATIONAL MATTERS above.

CÔTE D’IVOIRE Launch of the unique identification certificate for business creation Cote d'Ivoire has recently implemented a unique identification certificate for busi- ness creation. Established in 2015 by the Ordinance No. 2015-182 of 24 March 2015 and its implementation Decree No. 2015-287 of 27 April 2015, the unique identification certificate (certificat d’identification unique) for business creation was officially launched on 11 March 2019.

The unique identification certificate (IDU) is a 14-digit number document which seeks to register companies created online on the website dedicated to invest- ments in Cote d'Ivoire, managed by the Ivory Coast Investment Promotion Centre (Centre de promotion des investissements en Côte d’Ivoire - CEPICI).

The certificate replaces all other numbers generated at each new business crea- tion: Trade Register Number (Numéro de Registre de Commerce) assigned by the Registrar of the Commercial Court, Tax Account Number (Numéro de Compte Contribuable) assigned by the Directorate General for Taxation (Direc- tion Générale des Impôts), Registration Number of the National Occupational So- cial Security Fund (Caisse Nationale de Prévoyance Sociale) and the Im- porter/Exporter Code assigned by the Ministry of Commerce.

Formerly registered businesses are invited to get their IDU within one year.

Contacts: Richard Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila.

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GUINEA

Establishment of a Commercial Court in Conakry The country's first commercial court was inaugurated by President Alpha Condé in Conakry on 20 March 2019, four years after the adoption of Law L/2015/019 AN on the judicial organization that established the Commercial Court. This law was then amended in 2017 by Law L/2017/033/AN which creates, organizes and defines the operating rules of the Commercial Court of Conakry.

The first instance court specializing in the adjudication of disputes between trad- ers as defined by the OHADA Uniform Acts aims to provide legal and judicial cer- tainty with a view to facilitating business activity.

The creation of the Commercial Court is an integral part of the International Fi- nance Corporation's (IFC) conditions for accompanying Guinea. The installation of the new Court is accompanied by a number of measures, including an in- crease in the salaries of commercial magistrates in order to guarantee their inde- pendence and the establishment of the High Council of the Judiciary (conseil su- périeur de la magistrature) to ensure compliance with the ethical and deontologi- cal rules of the profession.

Contacts: Richard Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila.

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

Publication Implemen- Date Subject Details tation Date Regulations prescribing electronic services for the purpose of the definition of “electronic services” in section 1 of the Value-Added Tax Act, 1991 GG 42316 18-03-19  Notice R.429 01-04-19 R. 429 See also the Consolidated Regulations after Amend- ment to Regulations prescribing electronic services, and the Explanatory Memorandum on the Regulations pre- scribing electronic services Amendment to Part 7A of Schedule No. 1 to amend Note 5 to include the reference to grams GG.42381 per 100 millimeters and insert Note 6 to indicate 05-04-19 R.563 how sugar content will be calculated  Notice R.563 Correction Notice Amendment to Part 1 of Schedule No. 1 – as pub- lished in Government Gazette No. 42338 dated 29 With retro- GG.42385 spective 05-04-19 March 2019 – by the substitution of tariff sub- R.565 heading 8471.49.90 to change the wording from effect from “with a screen size exceeding 45cm” to “other” 01-04-19  Notice R.565 Amendment to the Rules in terms of the Cus- toms & Excise Act, 1964, to enhance the admin- GG.42381 istration and compliance in respect of Health 05-04-19 R.562 Promotion Levy on Sugary Beverage  Notice R.562

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Publication Implemen- Date Subject Details tation Date o DA 185.4A16 – Client type 4A16 – Non- commercial manufacturer of sugary bev- erages (Section 59A and Rule 54I.03) o DA 185 – Registration and Licensing of Customs and Excise Clients o DA 185.4B2 – Licensing client type 4B2 – Manufacturing warehouse Amendment to the Rules in terms of the Cus- GG.42381 toms & Excise Act, 1964, relating to the imple- R.564 mentation of the UCR  Notice R.564

TOGO Creation of the National Agency for Cyber Security (ANCy) On 13 February 2019, the Council of Ministers adopted a decree forming the Na- tional Agency for Cyber Security (ANCy). The decree, which defines the jurisdic- tional status, mission and authority of ANCy, sets forth the framework for the agency's governance and establishes the management and control of its ac- counts, reflects the Togolese government's commitment to fighting cybercrime.

The ANCy was first created under Law No. 2018-026 of 7 December 2018 on Cybersecurity and the Fight against Cybercrime, which aims to “prevent and ad- dress digital threats while ensuring the promotion and development of infor- mation and communication technologies.” Pursuant to the statute, ANCy is placed under the authority of the Ministry of Posts, Digital Economy and Techno- logical Innovations and supports the definition and implementation of the Togo- lese Republic's policy and strategic direction in matters of cybersecurity.

The Agency is responsible at the national level for the prevention and detection of cyberattacks, the protection of information resources against such attacks and the development of response actions.

Contacts: Richard Mugni, Céline van Zeebroeck, Fabien Hecquet and Keltoum Boudribila.

OTHER AFRICAN COUNTRIES (EXCEPT NORTH AFRICA)

Date Subject Eswatini (formerly Swaziland) 31-03-19 Guideline on Registration of Exporters for Preferential Treatment Access Seychelles S.I. 14 of 2019 Excise Tax (Imposition of Sugar Tax on Drinks) Regulations, 2019 S.I. 15 of 2019 Food Act (Labelling of Pre-Packaged Foods) Regulations, 2019 29-03-19 S.I. 16 of 2019 - Food (Contaminant and toxins in food or feed) Regulations, 2019 S.I. 17 of 2019 - Food (Import Certificate) Regulations, 2019 Zimbabwe S.I. 39 of 2019 – Customs and Excise (Clothing Manufacturer)(Rebate)(Amend- ment) Regulations, 2019 (No. 3) 01-03-19 S.I. 42 of 2019 – Customs and Excise (Suspension)(Amendment) Regulations, 2019 (No.208)

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Date Subject S.I. 52 of 2019 Customs and Excise (General) (Amendment) Regulations, 2019 08-03-19 (No. 93) S.I. 54 of 2019 – Customs and Excise (Suspension) (Amendment) Regulations, 2019 (No. 94) S.I. 66 of 2019 – Customs and Excise (Textile Manufacturers)(Rebate)(Amend- 15-03-19 ment) Regulations, 2019 (No. 4) S.I. 68 of 2019 – Customs and Excise (General)(Amendment) Regulations, 2019 (No. 94) [free importation of vehicles by certain health workers]

Trade compliance enforcement actions - import, export, IPR, FCPA

The links below will take you to official press releases and summaries of adminis- trative and judicial trade compliance enforcement actions (arrests, indictments, penalties, seizures, convictions, debarments, etc.) involving US and foreign im- port, export, FCPA/anti-bribery, IPR border enforcement and related matters. Child pornography, controlled substance and currency related seizures and ar- rests will not be listed, unless connected to trade violations. [Foreign government cases are preceded by the letter (F) in parenthesis].

[Agency abbreviations: US agencies - APHIS= Animal & Plant Health Inspection Service; ATF=Bu- reau of Alcohol, Tobacco, Firearms and Explosives; BIS= Bureau of Industry and Security, Office of Export Enforcement (Commerce); CBP=US Customs and Border Protection; CPSC=Consumer Prod- uct Safety Commission; DDTC= State Dep’t Directorate of Defense Trade Controls; DEA=Drug En- forcement Administration; DoD=Dep’t of Defense components [NCIS, DCIS, CID, etc.); DOJ=Depart- ment of Justice, including US Attorneys; DOT = Department of Transportation; DSS= Diplomatic Se- curity Service; FBI=Federal Bureau of Investigation; FDA= US Food and Drug Administration; FRB= Federal Reserve Board of Governors; FTC= Federal Trade Commission; FWS= US Fish & Wildlife Service; GSA= General services Administration; HSI=US Immigration and Customs Enforcement, Homeland Security Investigations; NOAA=National Oceanic and Atmospheric Administration; OFAC=Office of Foreign Assets Control (Treasury); SEC=Securities and Exchange Commission; SSA= Social Security Adm.; USCG= US Coast Guard; USPIS=Postal Inspection Service; USDA= US Department of Agriculture. Local agencies - PD = Police departments; Non-US agencies - CBSA= Canada Border Services Agency; RCMP= Royal Canadian Mounted Police; SAT=Mexican Customs; HKCE= Hong Kong Customs & Excise; HMRC= HM Revenue & Customs; SFO = UK Serious Fraud Office.]

Date of Subject Release (F) Over 10,000 kilograms of contraband tobacco seized at the Peace Bridge port 03-28-19 of entry (CBSA) Two Corporate Executives Indicted in First-Ever Criminal Prosecution for Failure 03-29-19 to Report Under Consumer Product Safety Act (DOJ, CPSC, ICE) (F) HMRC recently issued a compound penalty of £82,152.33 to a UK exporter. This related to unlicensed exports of military goods controlled by The Export Con- trol Order 2008. United States Wins Civil Forfeiture Suit Against Taiwanese National Accused of 04-03-19 Laundering Funds Through the United States to Assist Syrian and North Korean Regimes With Procuring Goods (DOJ, FBI, OFAC) Micronesian Government Official Pleads Guilty to Money Laundering Scheme In- volving FCPA Violations (DOJ, FBI, DOT) Settlement Agreement between the U.S. Department of the Treasury’s Office of Foreign Assets Control and Standard Chartered Bank [$639,023,750] (OFAC) 04-09-19 Standard Chartered Bank Admits to Illegally Processing Transactions in Violation of Iranian Sanctions and Agrees to Pay More Than $1 Billion (DOJ, FBI, IRS, NY District Attorney, OFAC)

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Date of Subject Release Univar USA Inc. to Pay U.S. $62.5 Million to Resolve Allegations that it Evaded $36 Million in Antidumping Duties on Imported Chinese Saccharin (DOJ, ICE, CBP) (F) National Parks Board, Singapore Customs and Immigration & Checkpoints 04-10-19 Authority seized 12.7 tonnes of pangolin scales; record combined haul of 25.6 tonnes seized within five days [endangered species] Acteon Group Ltd., and 2H Offshore Engineering Ltd. Settle Potential Civil Liabil- ity for Apparent Violations of the Cuban Assets Control Regulations and Sepa- rately, Acteon Group Ltd. Settles Potential Civil Liability for Apparent Violations of 04-11-19 the Cuban Assets Control Regulations, and KKR & Co. Inc. Settles Potential Civil Liability for Apparent Violations of the Iranian Transactions and Sanctions Regula- tions (OFAC) Marketer of Water Filtration Systems to Pay $110,000 Civil Penalty for Deceptive Made-in-USA Advertisements in Violation of 2017 Order (FTC, DOJ) 04-12-19 Indiana recycling executive sentenced to 3 years in federal prison for scheming to illegally landfill and re-sell potentially hazardous electronic waste (DOJ, ICE, EPA, GSA, IRS, Hong Kong Environ. Prot. Dep’t) Settlement Agreements between the U.S. Department of the Treasury’s Office of Foreign Assets Control and UniCredit Group Banks (OFAC, 04-15-19 (F) Firm falsifies licenses to import shipments of medical equipment (Vietnam Customs, Police and Ministry of Health) 04-17-19 Philadelphia CBP Seizes Cache of Counterfeit Juul Products (CBP) ICE arrests Orange County man on federal charges stemming from $72 million scheme to smuggle counterfeit cell phone parts from China (ICE, DOJ, local PD) 04-18-19 Somerset County, New Jersey, Man Sentenced to 46 Months in Prison for Inter- national Arms Trafficking (DOJ, ATF, ICE, NJ Police) CBP Agriculture Enforcement Encountering Commercial Importations at Passen- 04-22-19 ger Bridges (CBP) Owner of Defense Contracting Firm Admits Defrauding U.S. Department of De- fense and Conspiring to Violate Arms Export Control Act (DOJ, DoD, ICE, IRS, SSA) 04-23-19 CBP Sees Increase in Unreported Money Seizures` (CBP) Owners of Northwest’s Largest Electronics Recycling Firm Sentenced to Prison for Wire Fraud Conspiracy (DOJ, EPA) [includes exporting flat screen monitors to Hong Kong] Monongalia County man sentenced for lying to federal agent (BIS, DOJ) [exports 04-24-19 to Iran after OFAC denied license] Haverly Systems, Inc. Settles Potential Civil Liability for Apparent Violations of the 04-25-19 Ukraine Related Sanctions Regulations (OFAC)

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, [email protected]  Martin Morawski, Associate, [email protected]

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8465028-v6\WASDMS Baker McKenzie Publications, Alerts, Newsletters The following Baker & McKenzie publications, client alerts, legal alerts or news- letters 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 – April 2019 {older issues} Vietnam International Commercial and Trade Client Alert: The CPTPP for exporters: oppor- tunities available now - What are the main and immediate benefits that the CPTPP brings to Vietnam? Baker McKenzie FenXun China Tax Update (April 2019) Thailand (Tax) Client Alert: Another Chance for Tax Amnesty on Penalties, Surcharges, and Criminal Charges for SMEs Insight: Chinese FDI: A New Reality UK Client Alert: Crime (Overseas Production Orders) Act 2019 - Extension of the SFO's Evidence Gathering Powers UAE: Strengthening Compliance Against Financial Crime: Recent Developments and En- forcement Trends in the UAE Francophone Africa Newsletter April 2019 Other areas Baker McKenzie FenXun Dispute Resolution Client Alert: Landmark development allows interim relief protection in China for Hong Kong arbitrations Baker McKenzie FenXun China Employment Law Update (March 2019) EMEA Healthcare Newsletter (April 2019) Poland: New rules regarding employees’ privacy and documentation Vietnam Insurance Client Alert: Vietnam issues approved Restructuring Plan for the Insur- ance Business Market until 2020, oriented towards 2025 Vietnam Healthcare Client Alert: Ministry of Health issues a new Circular regulating the registration of drugs and drug materials Vietnam Renewable Energy Client Alert: Updated draft policy on Feed-in-Tariff Program from 1 July 2019 to 31 December 2021 for solar power projects in Vietnam Vietnam Renewable Energy Client Alert: Vietnam's New Draft Development Guidelines on Rooftop Solar Power Systems from 1 July 2019 EU Copyright Directive Alert: Brave new (digital) copyright world? Thailand Quarterly Alert: January-March 2019 Hong Kong Retirement Schemes/ Employment Client Alert: The Occupational Retirement Schemes (Amendment) Bill 2019 Ukraine Banking & Finance Client Alert: Shell Companies Face Scrutiny in Ukraine Financial Institutions Hub: Takeaways From the European Blockchain Conference (blog) Webinars, Meetings, Seminars, Etc.

We are very pleased to announce our 16th annual Global Trade and Supply Chain Webinar Series Details

entitled, “2019: What's Up in International Trade? Keeping up to Speed on Evolving Challenges”.

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The series will include the latest international trade developments including updates on Trade Wars, Webinar Start Time: Trade Agreement negotiations and key customs, 08:00 AM (Pacific) - San Francisco export controls and sanctions developments. In 10:00 AM (Central) - Chicago addition to our usual topics of Customs and export 11:00 AM (Eastern) - DC controls/sanctions, we will also cover Foreign 4:00 PM (GMT) - London investment review regimes around the world and 5:00 PM (CET) - Frankfurt 12:00 AM+ (CST) - Beijing emerging compliance risks in areas such as Human 1:00 AM+ (JST) - Tokyo Rights and Forced Labour. This year, we will expand our program of basic *see timeanddate.com for time in your location. customs webinars to cover the areas of export controls and sanctions. The Basic program Duration: (highlighted in orange) will be primarily aimed at 90 Minutes participants who are new to Global Trade and/or those who would like a refresher. Login Details: Log-in details will be sent via email Terrie Gleason, a partner in our San Francisco, CA one week before the event. office and Head of the Firm's Global Customs Focus Group, and Jenny Revis, a partner in our London Webinar Series Lead: office and co-leader of the EMEA Customs practice, Teresa A. Gleason Head, Global Customs Focus will moderate these webinars and be joined by Group experts from across our global network. (San Francisco, CA) All webinars will begin at 11:00 AM Eastern (US) and T +1 415 576 3021 teresa.gleason are scheduled to run approximately 90 minutes. If you @bakermckenzie.com reside in a different time zone and wish to verify your time - please click on the following Jennifer F. Revis link:www.timeanddate.com. Partner (London) If you missed a webinar that has already been given, T 44 20 7919 1381 wish to see it again or want to download a presenta- jenny.revis tion, you may do so at this link or by clicking the blue @bakermckenzie.com title below which indicates the material has been posted. Webinars are usually posted approximately These webinars are all two weeks after the live presentation. complimentary.

Upcoming Webinar Dates and Topics: REGISTER NOW!

Date Topic

Basic: How to Classify Your Prod- Questions: January 29 ucts (Customs) If you have any questions Speakers: Jose Hoyos-Robles (Mexico regarding this webinar series, City), Olof Johannesson (Stockholm), please contact: Andrew Rose (London), and Riza Budi- tomo (Jakarta) Sal Gonzalez Business Development Specialist Trade Wars vs. Free Trade Agree- February 26 Tel: +1 202 835 1661 ments (Brexit, TPP, NAFTA) sal.gonzalez Speakers: Stu Seidel (DC), Cindy Ow- @bakermckenzie.com ens (Singapore), Jenny Revis (Lon- don), and Meera Rolaz (London) MCLE Credit: Approved for 1.5 California general CLE Basic: Export controls and sanc- March 19 credits, 1.5 Illinois general CLE credits, tions 1.5 New York areas of professional Speakers: Ben Smith (London), Olof practice CLE credits, and 1.5 Texas Konig (Stockholm), Hanna Shtepa general CLE credits. Florida and (Kyiv), and Paul Amberg (Amsterdam) Virginia CLE applications can be made upon request. Participants requesting Conducting investigations and mak- CLE for other states will receive April 30 ing disclosures Uniform CLE Certificates. Speakers: Ross Denton (Lon- don), John McKenzie (San Francisco), Baker & McKenzie LLP is a California and Illinois CLE approved provider. Anahita Thoms (Dusseldorf), and Lise Baker & McKenzie LLP has been Test (DC) certified by the New York State CLE

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Basic: How to determine the origin May 21 of your products (Customs) Board as an accredited provider in the Speakers: Adrianna Ibarra-Fernandez state of New York for the period (Mexico City), Jessica Mutton (Barce- 12/12/15-12/11/18. We have applied to lona), and John F. McKenzie (San renew our accreditation for our webinar Francisco) in December and our upcoming webinars in 2019. This program may Overview of global ABC enforce- earn newly admitted New York June 25 ment attorneys credit under Areas of Professional Practice. Speakers: Yindi Gesinde (Lon- Baker & McKenzie LLP is an accredited don), Julian Godfray (London), Omid sponsor, approved by the State Bar of Uskowi (DC), and Henry Chen (Shang- Texas, Committee on MCLE. hai). Moderator: Tristan Grimmer (London) These webinars have been approved Basic: How to value your products for 1.5 CCS, CES July 30 (Customs) and MES credit by the National Speakers: Kevin Nordin; (London) Jon Customs Brokers & Cowley (Hong Kong), and Brian Cacic Forwarders (Toronto) Association of Foreign investment review regimes America, Inc August 27 around the world: Focus on US, EU, UK, Germany and Canada Speakers: Kevin Nordin; (London) Jon To register for this complimentary Cowley (Hong Kong), and Brian Cacic webinar series, click on the Register (Toronto) Now button above and provide your information. You can register for one or Basic: Overview of customs and im- all webinars. September 24 ports developments: US, Brazil, China/Asia and Mexico We hope you will participate in and enjoy Speakers: Eunkyung Kim Shin (Chi- this exciting webinar series! cago), Alessandra Machado (Sao Paolo), Frank Pan (Shanghai), and Ar- Interested in learning more? mando De Lille (Monterrey) Key updates on export controls and October 29 sanctions Speakers: Kerry Contini (DC), Sven Bates (London), Alexandra Alberti (London), Alexander Bychkov (Mos- cow), and Anne Petterd (Singapore) Basic: Overview of customs and im- November 19 ports developments: EU, Middle East and Russia Speakers: Nicole Looks (Frank- furt), Ana Royuela (Barcelona), Reggie Mezu (Dubai), and Vladimir Efremov (Moscow) Managing Emerging Compliance December 17 Risks Speakers: Tristan Grimmer (London), Christopher Burkett (Toronto), and Francesca Richmond (London)

RECORDED SESSIONS FROM OUR 2018

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ANNUAL YEAR-END REVIEW OF IMPORT/EXPORT DEVELOPMENTS IN SANTA CLARA, CALIFORNIA

14 November 2018 – Year-End Review of Import/Export Developments (Export Day) Video

 Foreign Investment Risk Review Act (“FIRRMA”) and the Revision of the CFIUS Pro- cess  United States Export Control Developments  European Union Export Control Developments  Emerging Export Control Programs in the Asia/Pacific Region  Economic Sanctions Developments  Export Control and Economic Sanctions Enforcement

Click here to view and/or download the materials.

15 November 2018 – Year-End Review of Import/Export Developments (Import Day) Video  The Trump Administration Trade Agenda (this panel did not include slides)  Trade Wars  Trade Agreements Developments  Overview of Customs and Import Developments: USA, Canada, EU, Mexico and Brazil  Update on Foreign Import Restrictions  Anti-Corruption Compliance and Trade Issues Click here to view and/or download the materials.

Presentation Materials  Changes and Developments in Japan and Asia Pacific  Business Implications of Trade Conflict

 Free Trade Agreement Developments  Trade Sanctions and Export Controls  E Commerce Challenges and Opportunities

WTO TBT Notifications

Member countries of the World Trade Organization (WTO) are required under the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical regulations that could affect trade with other Member

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countries. The WTO Secretariat distributes this information in the form of “notifi- cations” 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@bakermcken- zie.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 Country Notification Date Issued for Merchandise Covered Comments

Albania ALB/89 04/25/2019 06/24/2019 Electrical instalations

Albania ALB/90 04/25/2019 06/24/2019 Power Lines Vehicles other than railway or tramway rolling stock, ARG/359 03/25/2019 Not given Argentina and parts and accessories thereof (HS 87) Argentina ARG/290/Add.5 04/16/2019 Not given Food products Argentina ARG/320/Add.1 04/12/2019 Not given Milk powder Undenatured ethyl alcohol of an alcoholic strength Argentina ARG/348/Add.1 04/12/2019 Not given by volume of less than 80% vol.; spirits, liqueurs and other spirituous beverages (HS 2208) Frozen and packaged meat of various species; ARG/360 04/16/2019 06/08/2019 Argentina Meat and edible meat offal (HS 02) Equipment working under pressure, whether fire- ARG/350/Add.1 4/23/2019 Not given Argentina heated or non-fire-heated BRA/833/Add.1/ 04/09/2019 Not given In vitro diagnosis products Brazil Corr.1 Festive or other entertainment articles, including BRA/396/Add.10 04/10/2019 Not given Brazil conjuring tricks and novelty jokes (HS 9505)

Brazil BRA/624/Add.2 04/10/2019 Not given Car body shell for road vehicles (HS 8707)

Brazil BRA/631/Add.2 04/10/2019 Not given Car body shell for road vehicles (HS 8707) Portable tanks bulk containers (IBC) used in land BRA/658/Add.2 04/10/2019 Not given Brazil transport of certain dangerous goods Portable tanks bulk containers (IBC) used in land BRA/806/Add.1 04/10/2019 Not given Brazil transport of certain dangerous goods

Brazil BRA/863 04/10/2019 06/09/2019 Margarine HS Code(s): 1517.10; 1517.90

Brazil BRA/864 04/10/2019 06/30/2019 Biological Products Pencil sharpeners (HS 8214.10); backpacks and briefcases (HS 4202); drawing sets (HS 9017); Ball point pens; felt tipped and other porous -tipped pens and markers; fountain pens, stylograph pens BRA/375/Add.6 04/11/2019 Not given Brazil and other pens; duplicating stylos; propelling or slid- ing pencils (HS 9608); student rubber (HS 4016); child scissors (HS 8214); student glue (HS 3505) and others school items

Brazil BRA/595/Add.1 04/24/2019 Not given Household washing machines (HS 8450)

Burundi BDI/16 04/02/2019 06/01/2019 Footwear

Burundi BDI/17 04/02/2019 06/01/2019 Footwear (Ladies shoes)

Burundi BDI/18 04/02/2019 06/01/2019 Footwear

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Final Date Country Notification Date Issued for Merchandise Covered Comments

Burundi BDI/19 04/02/2019 06/01/2019 Footwear (Children's shoes)

Burundi BDI/20 04/02/2019 06/01/2019 Footwear (men's shoes)

Burundi BDI/21 04/02/2019 06/01/2019 Footwear (Children's shoes) Meat of bovine animals, fresh or chilled (HS 0201); BDI/22 04/02/2019 06/01/2019 Burundi Meat of bovine animals, frozen (HS 0202)

Burundi BDI/23 04/02/2019 06/01/2019 Meat of bovine animals, fresh or chilled (HS 0201) Meat and edible offal, of the poultry of heading BDI/24 04/02/2019 06/01/2019 Burundi 01.05, fresh, chilled or frozen (HS 0207) Sausages and similar products, of meat, meat offal Burundi BDI/25 04/02/2019 06/01/2019 or blood; food preparations based on these prod- ucts (HS 1601) Occupational safety. Industrial hygiene (Production BDI/26 04/02/2019 06/01/2019 Burundi of packaged meat products) Product and company certification. Conformity as- BDI/27 04/08/2019 06/07/2019 Burundi sessment

Burundi BDI/28 04/08/2019 06/07/2019 Quality Control of Products Marketed in Burundi Canada CAN/581 04/02/2019 06/07/2019 Drug Products Canada CAN/582 04/04/2019 06/07/2019 Radiocommunications Canada CAN/583 04/04/2019 06/07/2019 Radiocommunications Energy efficiency standards for consumer and com- CAN/551/Add.1 04/11/2019 Not given Canada mercial products Canada CAN/584 04/18/2019 05/28/2019 Radiocommunications Cleaning products containing Phosphorus (HS Canada CAN/547/Add.1 04/24/2019 Not given 3401.19.0020; 3401.20.90; 3402.20.10; 3402.20.90; 3405.20; 3405.40) Canada CAN/548/Add.1 04/24/2019 Not given Contaminated fuels Canada CAN/585 04/24/2019 06/18/2019 The substance tramadol

Chile CHL/468 04/01/2019 05/31/2019 Light vehicles

Chile CHL/469 04/01/2019 05/31/2019 Medium-sized vehicles

Chile CHL/470 04/03/2019 06/02/2019 Panels - Wall segments

Chile CHL/471 04/03/2019 06/02/2019 Panels - Wall segments

Chile CHL/472 04/03/2019 06/02/2019 Panels - Wall segments

Chile CHL/473 04/03/2019 06/02/2019 Panels - Wall segments Passenger Vehicle Products; Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 87.02), in- CHN/1317 04/08/2019 06/07/2019 China cluding station wagons and racing cars (HS 8703); Parts and accessories of the motor vehicles of headings 87.01 to 87.05 (HS 8708) Safety headgear, whether or not lined or trimmed. Safety headgear (helmets). Other headgear, COL/233/Add.1 04/04/2019 Not given Colombia whether or not lined or trimmed. Headgear and parts thereof (6506.10.00.00); (HS: 650610 - Safety

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Final Date Country Notification Date Issued for Merchandise Covered Comments

headgear); (ICS: 13.340.20 Head protective equip- ment) Safety headgear, whether or not lined or trimmed. Safety headgear (helmets). Other headgear, whether or not lined or trimmed. Headgear and COL/233 05/31/2018 08/29/2018 Colombia parts thereof (6506.10.00.00); (HS: 650610 - Safety headgear); (ICS: 13.340.20 Head protective equip- ment) For gas fuel or for both gas and other fuels (HS Ecuador ECU/344 04/03/2019 06/02/2019 732111); For gas fuel or for both gas and other fuels (HS 732181) Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades (HS 3813); - ECU/346 04/03/2019 06/02/2019 Ecuador Fire extinguishers, whether or not charged (HS 842410) Containers for compressed or liquefied gas, of iron or steel (HS 7311); -- Other, not reinforced or other- wise combined with other materials, without fittings ECU/347 04/03/2019 06/02/2019 Ecuador (HS 391732); - Pressure-reducing valves (HS 848110); - Safety or relief valves (HS 848140); - Other appliances (HS 848180) Tableware, kitchenware, other household articles and toilet articles, of porcelain or china (HS 6911); Ecuador ECU/348 04/03/2019 06/02/2019 Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china (HS 6912); - Other articles: (HS 68159) Combined refrigerator-freezers, fitted with separate external doors (HS 841810); Compression-type (HS 841821); Other (HS 841829); Freezers of the chest ECU/349 04/08/2019 06/07/2019 Ecuador type, not exceeding 800 l capacity (HS 841830); Freezers of the upright type, not exceeding 900 l capacity (HS 8418.40) Other grill, netting and fencing, welded at the inter- section (HS 73143); Containing indentations, ribs, grooves or other deformations produced during the rolling process (HS 721310); Forged (HS 721410); Containing indentations, ribs, grooves or other de- formations produced during the rolling process or twisted after rolling (HS 721420); Other, of free-cut- Ecuador ECU/350 04/08/2019 06/07/2019 ting steel (HS 721430); Other (HS 721499); Plated or coated with zinc (HS 721720); Grill, netting and fencing, welded at the intersection, of wire with a maximum cross-sectional dimension of 3 mm or more and having a mesh size of 100 cm² or more (HS 731420); Plated or coated with zinc (HS 731441); Other (HS 731449); Articles of iron or steel wire (HS 732620) 2710.12 - Light oils and preparations; 2710.20 - Pe- troleum oils and oils obtained from bituminous min- erals (other than crude) and preparations not else- where specified or included, containing by weight 70% or more of petroleum oils or of oils obtained ECU/351 04/08/2019 06/07/2019 Ecuador from bituminous minerals, these oils being the basic constituents of the preparations, containing bio- diesel, other than waste oils; Petroleum gases and other gaseous hydrocarbons (HS 2711); Petroleum oils and oils obtained from bituminous minerals,

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Final Date Country Notification Date Issued for Merchandise Covered Comments

other than crude and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bitu- minous minerals, these oils being the basic constit- uents of the preparations, other than waste oils (HS 27101) 401170 - Of a kind used on agricultural or forestry vehicles and machines; 401180 - Of a kind used on construction, mining or industrial handling vehicles and machines; Other (HS 40119); Of motorcycles (including mopeds) (HS 87141); Of a kind used on motor cars (including station wagons and racing ECU/352 04/08/2019 06/07/2019 Ecuador cars) (HS 401110); - Of a kind used on buses or lor- ries (HS 401120); - Of a kind used on motorcycles (HS 401140); - Of a kind used on bicycles (HS 401150); - Road wheels and parts and accessories thereof (HS 870870); - Wheel rims and spokes (HS 871492) 271020 - Petroleum oils and oils obtained from bitu- minous minerals (other than crude) and prepara- tions not elsewhere specified or included, contain- ing by weight 70% or more of petroleum oils or of ECU/353 04/08/2019 06/07/2019 Ecuador oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils; Other (HS 271019) Angles, shapes and sections of iron or non-alloy steel (HS 7216); Other bars and rods, not further Ecuador ECU/354 04/08/2019 06/07/2019 worked than hot-rolled, hot-drawn or extruded (HS 722830); - Angles, shapes and sections (HS 722870) Gypsum; anhydrite; plasters (consisting of calcined gypsum or calcium sulphate) whether or not col- oured, with or without small quantities of accelera- tors or retarders (HS 2520); Quicklime, slaked lime ECU/345 04/03/2019 06/02/2019 Ecuador and hydraulic lime, other than calcium oxide and hydroxide of heading 28.25 (HS 2522); Portland ce- ment: (HS 25232); Other hydraulic cements (HS 252390) Articles of apparel, household linen and clothing ac- cessories; 611521 - Of synthetic fibres, measuring per single yarn less than 67 decitex; 611522 - Of synthetic fibres, measuring per single yarn 67 de- citex or more; 611529 - Of other textile materials; 611530 - Other women's full-length or knee-length hosiery, measuring per single yarn less than 67 de- citex; 611594 - Of wool or fine animal hair; 611595 - Of cotton; 611596 - Of synthetic fibres; 630420 - Ecuador ECU/355 04/11/2019 06/10/2019 Bed nets specified in Subheading Note 1 to this Chapter; 650500 - Felt hats and other felt head- gear, made from the hat bodies, hoods or plateaux of heading 6501.00.00, whether or not lined or trimmed; Articles of apparel and clothing accesso- ries, of leather or of composition leather (HS 4203); Articles of apparel, clothing accessories and other articles of furskin (HS 4303); Women's or girls' overcoats, car-coats, capes, cloaks, anoraks (in- cluding ski-jackets), wind-cheaters, wind- jackets

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Final Date Country Notification Date Issued for Merchandise Covered Comments

and similar articles, knitted or crocheted, other than those of heading 61.04 (HS 6102); Men's or boys' suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted (HS 6103); Wom- en's or girls' suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted (HS 6104); Men's or boys' shirts, knitted or crocheted (HS 6105); Women's or girls' blouses, shirts and shirt-blouses, knitted or crocheted (HS 6106); Men's or boys' un- derpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles, knitted or cro- cheted (HS 6107); Women's or girls' slips, petti- coats, briefs, panties, nightdresses, pyjamas, negli- gees, bathrobes, dressing gowns and similar arti- cles, knitted or crocheted (HS 6108); T-shirts, sin- glets and other vests, knitted or crocheted (HS 6109); Track suits, ski suits and swimwear, knitted or crocheted (HS 6112); Garments, made up of knitted or crocheted fabrics of heading 59.03, 59.06 or 59.07 (HS 6113); Gloves, mittens and mitts, knit- ted or crocheted (HS 6116); Men's or boys' over- coats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, other than those of heading 62.03 (HS 6201); Women's or girls' overcoats, car-coats, capes, cloaks, anoraks (including ski-jackets), wind- cheaters, wind-jackets and similar articles, other than those of heading 62.04 (HS 6202); Men's or boys' suits, ensembles, jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear) (HS 6203); Women's or girls' suits, ensembles, jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear) (HS 6204); Wom- en's or girls' blouses, shirts and shirt-blouses (HS 6206); Men's or boys' singlets and other vests, un- derpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles (HS 6207); Women's or girls' singlets and other vests, slips, petticoats, briefs, panties, nightdresses, pyjamas, negligees, bathrobes, dressing gowns and similar articles (HS 6208); Garments, made up of fabrics of heading 56.02, 56.03, 59.03, 59.06 or 59.07 (HS 6210); Brassieres, girdles, corsets, braces, sus- penders, garters and similar articles and parts thereof, whether or not knitted or crocheted (HS 6212); Shawls, scarves, mufflers, mantillas, veils and the like (HS 6214); Ties, bow ties and cravats (HS 6215); Gloves, mittens and mitts (HS 6216); Other made up clothing accessories; parts of gar- ments or of clothing accessories, other than those of heading 62.12 (HS 6217); Blankets and travelling rugs (HS 6301); Curtains (including drapes) and in- terior blinds; curtain or bed valances (HS 6303); Other furnishing articles, excluding those of heading 94.04 (HS 6304); Hats and other headgear, plaited

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Final Date Country Notification Date Issued for Merchandise Covered Comments

or made by assembling strips of any material, whether or not lined or trimmed (HS 6504); Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed (HS 6505); Of wool or fine animal hair (HS 61101); Panty hose, tights and stockings (HS 61151); Swimwear (HS 62111); Other bed linen, printed (HS 63022); Other bed linen (HS 63023); Other table linen (HS 63025); Other (HS 65069); Articles of apparel and clothing accessories (includ- ing gloves, mittens and mitts) (HS 392620); Of cot- ton (HS 610120); Of man-made fibres (HS 610130); Of other textile materials (HS 610190); Of cotton (HS 611020); Of synthetic fibres (HS 611030); Of cotton (HS 611120); Of synthetic fibres (HS 611130); Of other textile materials (HS 611190); Of cotton (HS 611420); Of man-made fibres (HS 611430); Of other textile materials (HS 611599); Shawls, scarves, mufflers, mantillas, veils and the like (HS 611710); Other accessories (HS 611780); Of cotton (HS 620520); Of man-made fibres (HS 620530); Of other textile materials (HS 620590); Of cotton (HS 620920); Of synthetic fibres (HS 620930); Of other textile materials (HS 620990); Ski suits (HS 621120); Of cotton (HS 621132); Of man- made fibres (HS 621133); Of other textile materials (HS 621139); Of cotton (HS 621142); Of man-made fibres (HS 621143); Of other textile materials (HS 621149); Of cotton (HS 621320); Of other textile materials (HS 621390); Bed linen, knitted or cro- cheted (HS 630210); Table linen, knitted or cro- cheted (HS 630240); Of cotton (HS 630251); Of flax (HS 630252); Of man-made fibres (HS 630253); Of other textile materials (HS 630259); Toilet linen and kitchen linen, of terry towelling or similar terry fab- rics, of cotton (HS 630260); Of cotton (HS 630291); Of man-made fibres (HS 630293); Of other textile materials (HS 630299); Floorcloths, dishcloths, dusters and similar cleaning cloths (HS 630710); Sleeping bags (HS 940430); Other (HS 940490). Coated corrugated steel culverts and structural ECU/356 04/11/2019 06/10/2019 Ecuador plates for sewage conduits (HS 730890) Insulated cables and conductors for electrical use; Ecuador ECU/357 04/11/2019 06/10/2019 other (HS 854449); other electric conductors, for a voltage exceeding 1,000 V (HS 854460) Corrugated sheets of chrysotile-cement; 6811.40.00 Ecuador ECU/358 04/11/2019 06/10/2019 - Containing asbestos; Articles of asbestos-cement, of cellulose fibre-cement or the like (HS 6811) Matches, other than pyrotechnic articles of heading ECU/359 04/11/2019 06/10/2019 Ecuador 36.04 (HS 3605) Steel; (HS 730661: Of square or rectangular cross- section; HS 730669: Of other non-circular cross- section; Longitudinally welded (HS 730531); Other, ECU/360 04/11/2019 06/10/2019 Ecuador welded, of circular cross-section, of iron or non-al- loy steel (HS 730630); Other, welded, of circular cross-section, of stainless steel (HS 730640);

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Final Date Country Notification Date Issued for Merchandise Covered Comments

Other, welded, of circular cross-section, of other al- loy steel (HS 730650) Ecuador ECU/361 04/11/2019 06/10/2019 Steel (HS 730890) Ecuador ECU/362 04/11/2019 06/10/2019 Steel panels (Corrugated) (HS 721041) Tubes, pipes and hoses, rigid: (HS 39172); Other Ecuador ECU/363 04/11/2019 06/10/2019 tubes, pipes and hoses: (HS 39173); Fittings (HS 391740) Steel corrugated angles, shapes and sections and ECU/364 04/16/2019 06/15/2019 Ecuador posts for guardrails; Other (HS 730890) Combined refrigerator-freezers, fitted with separate external doors (HS 841810); Compression-type (HS 841821); Other (HS 841829); Freezers of the chest ECU/365 04/16/2019 06/15/2019 Ecuador type, not exceeding 800 l capacity (HS 841830); Freezers of the upright type, not exceeding 900 l capacity (HS 841840) Ecuador ECU/366 04/16/2019 06/15/2019 Condoms (HS 401410) Nuts, ground-nuts and other seeds, whether or not mixed together (HS 20081); Prepared foods ob- tained by the swelling or roasting of cereals or ce- real products (HS 190410); Prepared foods ob- Ecuador ECU/367 04/16/2019 06/15/2019 tained from unroasted cereal flakes or from mix- tures of unroasted cereal flakes and roasted cereal flakes or swelled cereals (HS 190420); Flours, meals and pellets, of meat or meat offal; greaves (HS 230110) Pocket lighters, gas fuelled, non-refillable (HS Ecuador ECU/368 04/16/2019 06/15/2019 961310); Pocket lighters, gas fuelled, refillable (HS 961320); Other lighters (HS 961380) Ecuador ECU/369 04/17/2019 06/16/2019 Fluorescent, hot cathode (HS 853931) Other prepared or preserved meat, meat offal or ECU/370 04/17/2019 06/16/2019 Ecuador blood (HS 1602) Soups and broths and preparations therefor; ho- ECU/371 04/17/2019 06/16/2019 Ecuador mogenised composite food preparations (HS 2104) 6907.21.00 - Of a water absorption coefficient by weight not exceeding 0.5%; 6907.22.00 - Of a water absorption coefficient by weight exceeding 0.5% but not exceeding 10% 6907.23.00 - Of a water absorp- tion coefficient by weight exceeding 10%; Bricks, blocks, tiles and other ceramic goods of siliceous fossil meals (for example, kieselguhr, tripolite or di- ECU/372 4/18/2019 06/17/2019 Ecuador atomite) or of similar siliceous earths (HS 6901); Refractory bricks, blocks, tiles and similar refractory ceramic constructional goods, other than those of siliceous fossil meals or similar siliceous earths (HS 6902); Unglazed ceramic flags and paving, hearth or wall tiles; unglazed ceramic mosaic cubes and the like, whether or not on a backing.

Egypt EGY/209 04/25/2019 06/24/2019 Foods for Special Dietary Uses

European Union EU/651 04/23/2019 06/22/2019 Methiocarb (pesticide active substance)

European Union EU/652 04/25/2019 06/24/2019 Electrical and electronic equipment

European Union EU/653 04/25/2019 06/24/2019 Electrical and electronic equipment

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Final Date Country Notification Date Issued for Merchandise Covered Comments

Germany DEU/16 04/24/2019 06/23/2019 Food products of animal origin

India IND/91 04/08/2019 06/07/2019 Poly Aluminium Chloride Surgical Rubber Gloves, Disposable Surgical Rub- India IND/92 04/09/2019 06/08/2019 ber Gloves, Gloves made from rubber latex or rub- ber solution, gloves made from poly (vinyl chloride) Infant Radiant Warmer, Multifunction Patient Moni- IND/93 04/09/2019 06/08/2019 India toring Equipment, Pulse Oximeter Equipment Blades, Surgical, Detachable (Bard Parker Type) IND/94 04/09/2019 06/08/2019 India and Handles Products listed in the following Indian Standards 1. IS 1110: 1990 Ferro - Silicon containing > 55% Sili- con 2. IS 4409: 1973 Ferro - Nickel 3. IS 1029: 1970 Hot rolled steel strip (bailing) 4. IS 2385: 1977 Hot-rolled mild steel sheet and strip in coil form for cold-reduced tinplate and cold-reduced black plate 5. IS 3039: 1988 Structural steel for construction of hulls of ships 6. IS 9550 2001 Bright steel bars 7. IS 3748: 1990 Tool and die steels 8. IS 5517: 1993 India IND/95 04/15/2019 06/14/2019 Steel for hardening and tempering 9. IS 7291: 1981 High speed tool steels 10. IS 7494: 1981 Steel for valves for internal combustion engines 11. IS 12146: 1987 Carbon manganese steel forgings for pressure vessels 12. IS 16585: 2016 Magnetic ma- terials – specification for individual material – Fe based amorphous strip delivered in the semi-pro- cessed state. 13. IS 2831: 2012 Carbon steel cast billet ingots, billets, blooms and slabs for re-rolling into structural steel (ordinary quality)

India IND/96 04/15/2019 06/14/2019 Methanol (Methyl Alcohol) (HS Code 29051100)

India IND/97 04/15/2019 06/14/2019 Aniline (HS Code 29214110)

Israel ISR/1036 04/10/2019 06/09/2019 Portable fire extinguishers; (HS: 842410)

Israel ISR/1037 04/10/2019 06/09/2019 Portable extinguishers; (HS: 842410)

Israel ISR/1038 04/10/2019 06/09/2019 Portable fire extinguishers; (HS: 842410)

Israel ISR/1039 04/11/2019 06/10/2019 Portable fire extinguishers; (HS: 842410)

Israel ISR/1040 04/11/2019 06/10/2019 Portable fire extinguishers; (HS: 842410)

Israel ISR/1041 04/11/2019 06/10/2019 Portable fire extinguishers; (HS: 842410)

Israel ISR/1042 04/11/2019 06/10/2019 Disposable fire extinguishers; (HS: 842410) Mattresses and bumpers for infants; (HS: 9403, ISR/1043 04/11/2019 06/10/2019 Israel 9404)

Israel ISR/1051 04/25/2019 06/24/2019 Fire detection systems (HS 8531)

Israel ISR/1044 04/24/2019 06/23/2019 Canned pickled vegetables; (HS: 2001)

Israel ISR/1045 04/24/2019 06/23/2019 Installations for Liquefied Petroleum Gases (LPG)

Israel ISR/1046 04/24/2019 06/23/2019 Leaded gasoline; (HS: 2710)

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Final Date Country Notification Date Issued for Merchandise Covered Comments

Israel ISR/1047 04/24/2019 06/23/2019 Installations for Liquefied Petroleum Gases (LPG)

Israel ISR/1048 04/24/2019 06/23/2019 Pudding and jelly powders; (HS: 190190, 190590)

Israel ISR/1049 04/24/2019 06/23/2019 Steam boilers; (HS: 8402)

Israel ISR/1050 04/24/2019 06/23/2019 Cow's milk for drinking; (HS: 0401) Computers (HS: 8471.30, 8471.41, 8471.49, 8471.50) Other digital automatic data processing machines: (HS 84714), - Portable digital automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing Japan JPN/619/Add.1 04/08/2019 Not given unit, a keyboard and a display (HS 847130), - Digi- tal processing units, other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of unit: storage units, input units, output units (HS 847150). Microprocessor systems. Utensils, containers and packaging for food and JPN/625 04/24/2019 06/23/2019 Japan food additives

Kenya KEN/852 04/01/2019 05/14/2019 Textile fabrics (Disposable adult diapers)

Kenya KEN/853 04/01/2019 05/14/2019 Textile fabrics (Disposable baby diapers) Protection against dangerous goods (Packaging for KEN/854 04/01/2019 05/14/2019 Kenya road and rail transport) Protection against dangerous goods (Road and rail KEN/855 04/01/2019 05/14/2019 Kenya transport) Protection against dangerous goods (Transport of KEN/856 04/01/2019 05/04/2019 Kenya dangerous goods) Protection against dangerous goods (Transport of KEN/857 04/01/2019 05/04/2019 Kenya dangerous goods) Protection against dangerous goods (Transport of KEN/858 04/01/2019 05/04/2019 Kenya dangerous goods)

Kenya KEN/859 04/01/2019 05/04/2019 Plant growing

Kenya KEN/860 04/12/2019 05/31/2019 Masonry (Clay masonry units)

Kenya KEN/861 04/12/2019 05/31/2019 Masonry

Kenya KEN/862 04/12/2019 05/31/2019 Masonry (Clay masonry units)

Kenya KEN/863 04/15/2019 05/31/2019 Masonry

Kenya KEN/864 04/15/2019 05/31/2019 Masonry

Kenya KEN/865 04/15/2019 05/31/2019 Masonry

Kenya KEN/866 04/15/2019 05/31/2019 Masonry

Kenya KEN/867 04/15/2019 05/31/2019 Masonry

Kenya KEN/868 04/15/2019 05/31/2019 Masonry

Kenya KEN/869 04/15/2019 05/31/2019 Masonry Fire protection (construction products and building KEN/870 04/16/2019 05/31/2019 Kenya elements)

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Kenya KEN/871 04/16/2019 06/02/2019 Laboratory medicine, Radiation protection

Kenya KEN/872 04/16/2019 06/02/2019 Radiation protection

Kenya KEN/873 04/16/2019 06/02/2019 Health care technology, Radiation protection Cleansing & Hygiene Products (Newly added: tattoo KOR/820 04/10/2019 06/09/2019 Korea, Republic of ink) Railroad constituents notified by MOLIT (Korean KOR/823 04/16/2019 06/15/2019 Korea, Republic of government); Rails and railway components

Korea, Republic of KOR/824 04/18/2019 06/17/2019 Health/Functional Foods

Korea, Republic of KOR/821 04/11/2019 06/10/2019 Veterinary pharmaceutical products

Korea, Republic of KOR/822 04/11/2019 06/10/2019 Veterinary pharmaceutical products

Korea, Republic of KOR/825 04/24/2019 06/23/2019 Pharmaceuticals Waste generated by the hydrocarbon sector (see MEX/439/Add.1 04/04/2019 Not given Mexico Appendix A to the draft) Mexico MEX/397/Add.2 04/04/2019 Not given Pets Packages, overpacks, tanks and freight containers Mexico MEX/370/Add.1 04/15/2019 Not given used for the transport and in-transit storage of radi- oactive material within national territory Mexico MEX/383/Add.1 04/15/2019 Not given Radioactive material Processed meat products and meat processing es- MEX/386/Add.2 04/09/2019 Not given Mexico tablishments Mexico MEX/391/Add.3 04/08/2019 Not given Milk powder or dried milk Mexico MEX/452 04/17/2019 06/10/2019 Concrete sleepers Gasoline and Diesel, Petroleum oils; Petroleum oils and oils obtained from bituminous minerals, crude (HS 2709); Petroleum oils and oils obtained from bi- tuminous minerals, other than crude; preparations Moldova MDA/51 04/09/2019 06/08/2019 not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils ob- tained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils (HS 2710) Moldova MDA/52 04/09/2019 06/08/2019 Natural gas (HS 271111) Only sub-sets of these categories. That is, there are both prohibited and non-prohibited items within each category. Refer to 6. Description of content for the precise coverage.; Military weapons, other than revolvers, pistols and the arms of heading 93.07 (HS 9301); Revolvers and pistols, other than those of heading 93.03 or 93.04 (HS 9302); Other arms NZL/87 04/16/2019 04/26/2019 New Zealand (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 93.07 (HS 9304); Parts and accessories of articles of headings 93.01 to 93.04 (HS 9305); - Other sporting, hunting or target-shooting shotguns, including combination shotgun-rifles (HS 930320); - Other sporting, hunt- ing or target-shooting rifles (HS 930330) Nicaragua NIC/159 04/11/2019 06/10/2019 Pharmaceuticals 11.120.01

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Water treatment devices/systems which product PHL/211 04/03/2019 06/02/2019 Philippines water is for drinking purposes Philippines PHL/212 04/03/2019 06/02/2019 In vitro diagnostic test systems Philippines PHL/213 04/03/2019 06/02/2019 Medical equipment Installations and equipment for waste disposal and PHL/214 04/03/2019 06/02/2019 Philippines treatment Philippines PHL/215 04/03/2019 06/02/2019 Medical equipment

Rwanda RWA/234 04/25/2019 06/24/2019 Cosmetics. Toiletries (Perfumes)

Rwanda RWA/235 04/25/2019 06/24/2019 Transport exhaust emissions

Rwanda RWA/236 04/25/2019 06/24/2019 Transport exhaust emissions

Rwanda RWA/237 04/25/2019 06/24/2019 Transport exhaust emissions

Rwanda RWA/238 04/25/2019 06/24/2019 Pesticides and other agrochemicals in general

Rwanda RWA/239 04/25/2019 06/24/2019 Pesticides and other agrochemicals in general

Rwanda RWA/240 04/25/2019 06/24/2019 Cosmetics. Toiletries (Baby oils)

Rwanda RWA/241 04/25/2019 06/24/2019 Cosmetics. Toiletries (Aftershave)

Rwanda RWA/242 04/25/2019 06/24/2019 Cosmetics. Toiletries (Air freshener aerosols)

Rwanda RWA/243 04/25/2019 06/24/2019 Protection against dangerous goods

Rwanda RWA/244 04/25/2019 06/24/2019 Protection against dangerous goods

Rwanda RWA/245 04/25/2019 06/24/2019 Protection against dangerous goods

Rwanda RWA/246 04/25/2019 06/24/2019 Protection against dangerous goods

Rwanda RWA/247 04/25/2019 06/24/2019 Coffee and coffee substitutes (Green coffee beans) Coffee and coffee substitutes (Roasted coffee RWA/248 04/25/2019 06/24/2019 Rwanda beans and roasted ground coffee) Surface active agents (Liquid oxygen based bleach RWA/249 04/25/2019 06/24/2019 Rwanda for domestic use)

Rwanda RWA/250 04/25/2019 06/24/2019 Surface active agents (Household fabric softeners) Coffee and coffee substitutes (Instant (soluble) cof- RWA/251 04/25/2019 06/24/2019 Rwanda fee)

Rwanda RWA/252 04/25/2019 06/24/2019 Cosmetics. Toiletries (Lip shine (gloss))

Rwanda RWA/253 04/25/2019 06/24/2019 Cosmetics. Toiletries (Lip balm (Lip salve))

Rwanda RWA/254 04/25/2019 06/24/2019 Cosmetics. Toiletries (Hair spray) Cosmetics. Toiletries (Glycerine for cosmetic indus- RWA/255 04/25/2019 06/24/2019 Rwanda try) Cosmetics. Toiletries (Deodorants and antiperspi- RWA/256 04/25/2019 06/24/2019 Rwanda rants)

Rwanda RWA/257 04/25/2019 06/24/2019 Cosmetics. Toiletries (Body oils)

Rwanda RWA/258 04/25/2019 06/24/2019 Other standards related to water quality

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Rwanda RWA/259 04/25/2019 06/24/2019 Stationary containers and tanks

Rwanda RWA/260 04/25/2019 06/24/2019 Cosmetics. Toiletries (Butter for cosmetic use) Products of the chemical industry in general (Hair RWA/261 04/25/2019 06/24/2019 Rwanda extensions)

Rwanda RWA/262 04/25/2019 06/24/2019 Cosmetics. Toiletries (Lipstick) Products that are covered under this regulation are: 1. Refrigerators and freezers: HS 84189910 2. Air conditioners: HS 84151000 3. Incandescent lamps, linear fluorescent lamps, compact fluorescent lamps and fluorescent lamp ballasts: HS 8539 Air condi- tioning machines, comprising a motor-driven fan and elements for changing the temperature and hu- Samoa WSM/1 4/8/2019 Not given midity, including those machines in which the hu- midity cannot be separately regulated (HS 8415); Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air conditioning machines of heading 84.15 (HS 8418); Electric filament or discharge lamps, including sealed beam lamp units and ultra- violet or infra-red lamps; arc-lamps (HS 8539)

Saudi Arabia SAU/1106 04/03/2019 06/02/2019 Lighting products (Street lighting) Road vehicle systems in general, Trucks and trail- SAU/1107 04/11/2019 06/10/2019 Saudi Arabia ers

Saudi Arabia SAU/1108 04/16/2019 06/15/2019 Food products in general Dishwashers Intended for Household Use HS SGP/41/Add.2 04/04/2019 Not given Singapore 8422.11.00

Singapore SGP/50 04/17/2019 06/16/2019 See Full text. Timber and timber products, notably HS 4401, 4403, 4006, 4407, 4408, 4409, 4410, 4411, 4412, 441300, 441400, 4415 Pulp and paper of Chapters CHE/234/Corr.1 04/18/2019 Not given Switzerland 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products Timber and timber products, notably HS 4401, 4403, 4006, 4407, 4408, 4409, 4410, 4411, 4412, 441300, 441400, 4415 Pulp and paper of Chapters CHE/234 04/16/2019 6/15/2019 Switzerland 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products TPKM/341/Add. Food required to be registered with the central com- 04/12/2019 Not given Taiwan Economy 1 petent authority TPKM/291/Rev. 04/18/2019 Not given Chemical substances Taiwan Economy 1/Add.1

Taiwan Economy TPKM/373 04/23/2019 06/22/2019 Prepackaged Food Products Children's raincoats; Garments, made up of fabrics TPKM/354/Add. of heading 56.02, 56.03, 59.03, 59.06 or 59.07. (HS 04/26/2019 Not given Taiwan Economy 1 6210), - Articles of apparel and clothing accessories (including gloves, mittens and mitts) (HS 392620) A. Cosmetics used for washing hair, cosmetics TPKM/375 04/26/2019 06/25/2019 Taiwan Economy used for bathing, cosmetics used for face-washing,

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and soap as defined in relevant provisions of the Cosmetic Hygiene and Safety Act. B. Facial scrub, and C. Toothpaste

Taiwan Economy TPKM/374 04/24/2019 06/23/2019 Cosmetics; Cosmetics. Toiletries

Tanzania TZA/262 04/05/2019 06/04/2019 Sacks. Bags

Tanzania TZA/263 04/05/2019 06/04/2019 Sacks. Bags

Tanzania TZA/264 04/05/2019 06/04/2019 Sacks. Bags

Tanzania TZA/265 04/05/2019 06/04/2019 Clothes

Tanzania TZA/266 04/05/2019 06/04/2019 Textile fabrics

Tanzania TZA/267 04/05/2019 06/04/2019 Sacks. Bags

Tanzania TZA/268 04/05/2019 06/04/2019 Sacks. Bags

Tanzania TZA/269 04/05/2019 06/04/2019 Sacks. Bags

Tanzania TZA/270 04/26/2019 06/25/2019 Liquid fuels (Ethanol for Industrial use)

Tanzania TZA/271 04/26/2019 06/25/2019 Liquid fuels (Industrial denatured spirit)

Tanzania TZA/272 04/26/2019 06/25/2019 Fruits. Vegetables (Pumpkin seeds)

Thailand THA/535/Corr.1 04/03/2019 Not given Food in General Inner tubes, of rubber (HS 4013); Road vehicle THA/538 04/11/2019 06/10/2019 Thailand tyres

Thailand THA/517/Add.1 04/18/2019 Not given Telecommunications terminal equipment

Thailand THA/518/Add.1 04/23/2019 Not given Telecommunications terminal equipment

Thailand THA/539 04/24/2019 06/23/2019 Double-Capped LED Lamps

Uganda UGA/1044 04/02/2019 06/01/2019 Face pack (HS: 33) Butter Sauce, Ghee sauce; Butter and other fats UGA/1045 04/02/2019 06/01/2019 Uganda and oils derived from milk; dairy spreads (HS 0405) Pasteurized goat milk; Milk and cream, not concen- Uganda UGA/1046 04/02/2019 06/01/2019 trated nor containing added sugar or other sweeten- ing matter (HS 0401) Cider, Perry; Other fermented beverages (for exam- ple, cider, perry, mead); mixtures of fermented bev- Uganda UGA/1047 04/02/2019 06/01/2019 erages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included (HS 2206) Country wine; Other wine; grape must with fermen- Uganda UGA/1048 04/02/2019 06/01/2019 tation prevented or arrested by the addition of alco- hol: (HS 22042) Medical ultrasound gel; - Gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical opera- UGA/1049 04/08/2019 06/07/2019 Uganda tions or physical examinations or as a coupling agent between the body and medical instruments (HS 300670)

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Hypodermic syringes, hypodermic needles; - Sy- Uganda UGA/1050 04/08/2019 06/07/2019 ringes, needles, catheters, cannulae and the like: (HS 90183) Dry soybeans. Soya beans, whether or not broken. Uganda UGA/570/Add.1 04/10/2019 Not given (HS 1201), Soya beans, whether or not broken. (HS 120100) Sorghum flour. Cereal flours other than of wheat or UGA/571/Add.1 04/10/2019 Not given Uganda meslin (HS 1102) Millet flour. Cereal flours other than of wheat or UGA/572/Add.1 04/10/2019 Not given Uganda meslin (HS 1102) UGA/575/Rev.1/ 04/10/2019 Not given Milled maize (corn) products (HS 110220) Uganda Add.1 UGA/576/Rev.1/ 04/09/2019 Not given Wheat flour (HS 1101; 110100) Uganda Add.1

Uganda UGA/596/Add.1 04/09/2019 Not given Maize grains (HS 1005) Dry beans (- Beans (Vigna spp., Phaseolus spp.) (HS 070820), -- Beans (Vigna spp., Phaseolus Uganda UGA/597/Add.1 04/10/2019 Not given spp.) (HS 071022), - Beans (Vigna spp., Phaseolus spp.): (HS 07133), - Beans (Vigna spp., Phaseolus spp.): (HS 20055), -- Beans, shelled (HS 200551) Milled rice (Semi-milled or wholly milled rice, Uganda UGA/598/Add.1 04/10/2019 Not given whether or not polished or glazed (HS 100630), - Rice flour (HS 110230))

Uganda UGA/599/Add.1 04/10/2019 Not given Wheat grains (HS 1001)

Uganda UGA/757/Add.1 04/10/2019 Not given Dried fish maws

Uganda UGA/793/Add.1 04/10/2019 Not given Butcheries (HS 02)

Uganda UGA/794/Add.1 04/10/2019 Not given Abattoirs and slaughterhouses (HS 01) Domestic ungulates, ratite, domestic solipeds (HS UGA/795/Add.1 04/10/2019 Not given Uganda 01) Packaged meat products, processed meat products UGA/796/Add.1 04/10/2019 Not given Uganda (HS 02)

Uganda UGA/797/Add.1 04/10/2019 Not given Meat and edible meat offal (HS 02)

Uganda UGA/798/Add.1 04/10/2019 Not given Live animals (HS 01) Milk albumin, including concentrates of two or more whey proteins (HS 350220), Milk and cream, not concentrated nor containing added sugar or other sweetening matter (HS 0401), Milk and cream, con- centrated or containing added sugar or other sweet- ening matter (HS 0402), Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concen- UGA/805/Add.1 04/09/2019 Not given Uganda trated or containing added sugar or other sweeten- ing matter or flavoured or containing added fruit, nuts or cocoa (HS 0403), Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included (HS 0404), Butter and other

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fats and oils derived from milk; dairy spreads (HS 0405)

Uganda UGA/808/Add.1 04/10/2019 Not given Baking powder (HS 210230)

Uganda UGA/809/Add.1 04/10/2019 Not given Saccharin (food grade) (HS 292511)

Uganda UGA/810/Add.1 04/10/2019 Not given Aspartame Beeswax, Vegetable waxes (other than triglycer- Uganda UGA/811/Add.1 04/10/2019 Not given ides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured (HS 1521)

Uganda UGA/812/Add.1 04/10/2019 Not given Coffee, not roasted (HS 09011)

Uganda UGA/827/Add.1 04/09/2019 Not given Rice flour

Uganda UGA/828/Add.1 04/09/2019 Not given Instant cereal and cereal based flour

Uganda UGA/829/Add.1 04/09/2019 Not given Pre-cooked dehydrated pulse products

Uganda UGA/851/Add.1 04/10/2019 Not given Sesame paste Vegetable and nut spread; Jams, fruit jellies, mar- malades, fruit or nut purée and fruit or nut pastes, UGA/858/Add.1 04/10/2019 Not given Uganda obtained by cooking, whether or not containing added sugar or other sweetening matter (HS 2007)

Uganda UGA/911/Add.1 04/09/2019 Not given Milk and processed milk products Whipping cream; Milk and cream, not concentrated nor containing added sugar or other sweetening Uganda UGA/912/Add.1 04/09/2019 Not given matter. (HS 0401), Milk and cream, concentrated or containing added sugar or other sweetening matter. (HS 0402)

Uganda UGA/540/Add.1 04/12/2019 Not given Bathing bars (HS 34011)

Uganda UGA/541/Add.1 04/12/2019 Not given Antibacterial bathing bars (HS 34011)

Uganda UGA/677/Add.1 04/12/2019 Not given Sparkling wine (HS 2204) School Clothing. Other articles of plastics and arti- Uganda UGA/711/Add.1 04/12/2019 Not given cles of other materials of headings 39.01 to 39.14 (HS 3926, 6309, 420310, 681250) School Clothing, blazers. Other articles of plastics and articles of other materials of headings 39.01 to UGA/712/Add.1 04/12/2019 Not given Uganda 39.14 (HS 3926, 6103, 6204, 6309, 420310, 681250) School clothing, trousers and shorts (HS 6103, UGA/713/Add.1 04/12/2019 Not given Uganda 6203, 6309, 392610, 420310, 681250) School clothing, girls' shirts, boys' shirts (HS 6106, UGA/714/Add.1 04/12/2019 Not given Uganda 6205, 6206, 6309, 392610, 420310, 681250) School clothing, girls' dresses, girls' tunics, girls' UGA/715/Add.1 04/12/2019 Not given Uganda gyms (HS 6104, 6309, 392610, 420310, 681250) School clothing, girls' slacks, girls' skirts (HS 6104, UGA/716/Add.1 04/12/2019 Not given Uganda 6204, 6309, 392610, 420310, 681250) School clothing, knee-high stockings, ankle socks UGA/717/Add.1 04/12/2019 Not given Uganda (HS 6115, 6309, 392610, 420310) School clothing, jerseys, cardigans (HS 6110, 6309, UGA/718/Add.1 04/12/2019 Not given Uganda 392610, 420310, 681250)

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School clothing, girls' briefs (HS 6108, 6208, 6309, UGA/719/Add.1 04/12/2019 Not given Uganda 392610, 420310, 681250) School clothing, tracksuits (HS 6112, 6211, 6309, UGA/720/Add.1 04/12/2019 Not given Uganda 392610, 420310, 681250) School clothing, athletic wear (HS 6309, 9506, UGA/721/Add.1 04/12/2019 Not given Uganda 61123, 61124, 392610, 420310, 681250) Methylated spirit. Ethyl alcohol and other spirits, de- UGA/776/Add.1 04/12/2019 Not given Uganda natured, of any strength (HS 220720) Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilato- ries and other perfumery, cosmetic or toilet prepara- UGA/779/Add.1 04/12/2019 Not given Uganda tions, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or hav- ing disinfectant properties (HS 3307) Body oils, Essential oils and resinoids; perfumery, UGA/780/Add.1 04/12/2019 Not given Uganda cosmetic or toilet preparations (HS 33)

Uganda UGA/799/Add.1 04/12/2019 Not given Shea butter (HS 33)

Uganda UGA/800/Add.1 04/12/2019 Not given Lip balm, Lip salve (HS 33)

Uganda UGA/801/Add.1 04/12/2019 Not given Lip shine, Lip gloss (HS 33)

Uganda UGA/802/Add.1 04/12/2019 Not given Aftershave (HS 33)

Uganda UGA/804/Add.1 04/12/2019 Not given Fishing gill nets (HS 560811) Caustic Soda (Sodium hydroxide); Sodium hydrox- UGA/907/Add.1 04/12/2019 Not given Uganda ide (caustic soda) (HS 28151)

Uganda UGA/919/Add.1 04/12/2019 Not given Baby diapers (HS 481840, 560110)

Uganda UGA/674/Add.1 04/11/2019 Not given Potable spirit (HS 220720)

Uganda UGA/676/Add.1 04/11/2019 Not given Fortified wine (HS 2204)

Uganda UGA/678/Add.1 04/11/2019 Not given Whisky (HS 220830)

Uganda UGA/679/Add.1 04/11/2019 Not given Vodka (HS 220860)

Uganda UGA/680/Add.1 04/11/2019 Not given Brandy

Uganda UGA/681/Add.1 04/11/2019 Not given Neutral spirit (HS 22)

Uganda UGA/682/Add.1 04/11/2019 Not given Gin

Uganda UGA/683/Add.1 04/11/2019 Not given Rum - Rum and tafia (HS 220840)

Uganda UGA/754/Add.1 04/11/2019 Not given Glycerol (HS 290545) Baby oils, Essential oils and resinoids; perfumery, UGA/755/Add.1 04/11/2019 Not given Uganda cosmetic or toilet preparations (HS 33) Dry roasted silver cyprinid. Fish, dried, salted or in brine; smoked fish, whether or not cooked before or UGA/756/Add.1 04/11/2019 Not given Uganda during the smoking process; flours, meals and pel- lets of fish, fit for human consumption (HS 0305)

Uganda UGA/815/Add.1 04/11/2019 Not given Lipstick Nectars Fruit juices (including grape must) and veg- UGA/850/Add.1 04/11/2019 Not given Uganda etable juices, unfermented and not containing

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added spirit, whether or not containing added sugar or other sweetening matter (HS 2009) Blended fertilizers; Fertilisers (HS 31). Fertilizers UGA/926/Add.1 04/11/2019 Not given Uganda (ICS 65.080). Organic-inorganic compound fertilizer; Fertilisers UGA/927/Add.1 04/11/2019 Not given Uganda (HS 31). Fertilizers (ICS 65.080). Compound microbial fertilizer; Fertilisers (HS 31). UGA/928/Add.1 04/11/2019 Not given Uganda Fertilizers (ICS 65.080).

Uganda UGA/930/Add.1 04/11/2019 Not given Kombucha (HS: 2206). (ICS: 67.160.20). Shirting fabrics, blouse fabrics, school wear fabrics. Uganda UGA/751/Add.1 04/16/2019 Not given Men's or boys' shirts. (HS 6205), Women's or girls' blouses, shirts and shirt- Blouses. (HS 6206) School wear fabrics, textured yarns. Woven fabrics obtained from high tenacity yarn of nylon or other UGA/752/Add.1 04/18/2019 Not given Uganda polyamides or of polyesters (HS 540710), Tufted textile fabrics (HS 580230) School wear fabrics, warp knitted fabrics. Warp knit fabrics (including those made on galloon knitting UGA/753/Add.1 04/18/2019 Not given Uganda machines), other than those of headings 60.01 to 60.04. (HS 6005) UGA/372/Rev.1/ 04/23/2019 Not given Lubricants, industrial oils and related products Uganda Add.1 UGA/373/Rev.1/ 04/23/2019 Not given Lubricants, industrial oils and related products Uganda Add.1 UGA/374/Rev.1/ 04/23/2019 Not given Lubricants, industrial oils and related products Uganda Add.1 UGA/375/Rev.1/ 04/23/2019 Not given Lubricants, industrial oils and related products Uganda Add.1 Paper and paperboard; articles of paper pulp, of pa- UGA/504/Add.1 04/23/2019 Not given Uganda per or of paperboard (HS 48) Paper and paperboard; articles of paper pulp, of pa- UGA/505/Add.1 04/23/2019 Not given Uganda per or of paperboard (HS 48)

Uganda UGA/506/Add.1 04/23/2019 Not given Base paper for waxed bread wrap (HS 48)

Uganda UGA/507/Add.1 04/23/2019 Not given Facial tissue paper (HS 4803)

Uganda UGA/508/Add.1 04/23/2019 Not given General-purpose paper (HS 4803)

Uganda UGA/509/Add.1 04/23/2019 Not given Paper serviettes/napkins (HS 4803)

Uganda UGA/510/Add.1 04/23/2019 Not given Photocopy paper

Uganda UGA/511/Add.1 04/23/2019 Not given Corrugated fibre board boxes for general packaging

Uganda UGA/512/Add.1 04/23/2019 Not given Multi-wall paper sacks for packaging of cement

Uganda UGA/513/Add.1 04/23/2019 Not given Waxed paper for bread wrap

Uganda UGA/514/Add.1 04/23/2019 Not given Natural and extensible kraft paper (HS 48042)

Uganda UGA/515/Add.1 04/23/2019 Not given Wrapping paper Cotton khanga, Containing 85% or more by weight UGA/567/Add.1 04/23/2019 Not given Uganda of cotton (HS 520710)

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Knitted polyester/cellulosic, Woven fabrics obtained Uganda UGA/568/Add.1 04/23/2019 Not given from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710)

Uganda UGA/686/Add.1 04/23/2019 Not given Biomass stoves (HS 7321)

Uganda UGA/746/Add.1 04/23/2019 Not given Fabrics, school wear fabrics Fabrics, blazer fabrics, school wear blazers. Jack- ets and blazers: (HS 61033), Jackets and blazers: UGA/747/Add.1 04/23/2019 Not given Uganda (HS 61043), Jackets and blazers: (HS 62033), Jackets and blazers: (HS 62043). Polyester fabrics, viscose fabrics. Worn clothing and other worn articles. (HS 6309), Woven fabrics obtained from high tenacity yarn of nylon or other Uganda UGA/749/Add.1 04/23/2019 Not given polyamides or of polyesters (HS 540710), Woven fabrics obtained from high tenacity yarn of viscose rayon (HS 540810), Clothing, clothing accessories, footwear and headgear (HS 681250) School wear fabrics, polyester fabrics, cotton fab- rics. Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing more than 200 g/m². (HS 5209), Woven fabrics of cotton, contain- ing less than 85% by weight of cotton, mixed mainly UGA/750/Add.1 04/23/2019 Not given Uganda or solely with man-made fibres, weighing not more than 200 g/m². (HS 5210), Worn clothing and other worn articles. (HS 6309), Woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters (HS 540710)

Uganda UGA/781/Add.2 04/24/2019 Not given Gaming equipment

Uganda UGA/788/Add.1 04/24/2019 Not given Wheelbarrows

Uganda UGA/789/Add.1 04/24/2019 Not given Machetes (HS 8201)

Uganda UGA/790/Add.1 04/24/2019 Not given Spades and shovels (HS 820110) Hand tools, the following: spades, shovels, mat- tocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge UGA/791/Add.1 04/24/2019 Not given Uganda shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry. (HS 8201), - Harrows, scarifiers, cultivators, weeders and hoes: (HS 84322). Hand tools, the following: spades, shovels, mat- tocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of Uganda UGA/792/Add.1 04/24/2019 Not given any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry (HS 8201)

Uganda UGA/803/Add.1 04/24/2019 Not given Pesticides and other agrochemicals in general Motorcycle rubber wheel inner tubes; Inner tubes, UGA/807/Add.1 04/24/2019 Not given Uganda of rubber (HS 4013)

Uganda UGA/813/Add.1 04/23/2019 Not given Surgical instruments and materials

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Uganda UGA/814/Add.1 04/23/2019 Not given Surgical instruments and materials

Uganda UGA/816/Add.1 04/24/2019 Not given Buses

Uganda UGA/833/Add.1 04/23/2019 Not given Surgical instruments and materials

Uganda UGA/836/Add.1 04/23/2019 Not given Surgical instruments and materials Needles Used in Surgical Sutures (HS 9018, UGA/837/Add.1 04/23/2019 Not given Uganda 844851) Needles Used in Surgical Sutures (HS 844851, UGA/838/Add.1 04/23/2019 Not given Uganda 901832)

Uganda UGA/840/Add.1 04/23/2019 Not given Cotton T-Shirts (HS 6109) Salt; sulphur; earths and stone; plastering materi- UGA/862/Add.1 04/24/2019 Not given Uganda als, lime and cement (HS 25) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/863/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/864/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/865/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Hospital cotton bed sheets Toilet paper and similar paper, cellulose wadding or webs of cellulose fi- bres, of a kind used for household or sanitary pur- poses, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tis- UGA/892/Add.1 04/23/2019 Not given Uganda sues, towels, tablecloths, serviettes, napkins for ba- bies, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres (HS 4818) Green surgical fabric for gowns and drapery, Wo- ven fabrics of cotton, containing 85% or more by UGA/893/Add.1 04/23/2019 Not given Uganda weight of cotton, weighing more than 200 g/m² (HS 5209) Engine oil; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/920/Add.1 04/23/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Petroleum products; Petroleum oils and oils ob- Uganda UGA/937/Add.1 04/23/2019 Not given tained from bituminous minerals, crude. (HS 2709). Petroleum products in general (ICS 75.080).

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Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease Uganda UGA/938/Add.1 04/23/2019 Not given treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease Uganda UGA/939/Add.1 04/23/2019 Not given treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Lubricating Oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease Uganda UGA/940/Add.1 04/23/2019 Not given treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Lubricating oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease Uganda UGA/941/Add.1 04/23/2019 Not given treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Lubricating oils; Lubricating preparations (including cutting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease Uganda UGA/942/Add.1 04/23/2019 Not given treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Engine Oils; Lubricating preparations (including cut- Uganda UGA/943/Add.1 04/23/2019 Not given ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and

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mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Engine Oil; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease Uganda UGA/944/Add.1 04/23/2019 Not given treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Automotive Engine Oil; Lubricating preparations (in- cluding cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion prepara- tions and mould release preparations, based on lubricants) and preparations of a kind used for the Uganda UGA/945/Add.1 04/23/2019 Not given oil or grease treatment of textile materials, leather, furskins or other materials, but excluding prepara- tions containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals. (HS 3403). Lubricants, industrial oils and related products (ICS 75.100). Automotive Engine Oils; Lubricating preparations (including cutting-oil preparations, bolt or nut re- lease preparations, anti-rust or anti-corrosion prep- arations and mould release preparations, based on lubricants) and preparations of a kind used for the UGA/946/Add.1 04/23/2019 Not given Uganda oil or grease treatment of textile materials, leather, furskins or other materials, but excluding prepara- tions containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/948/Add.1 04/23/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) UGA/949/Add.1 04/23/2019 Not given Uganda and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight

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of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/950/Add.1 04/23/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/951/Add.1 04/23/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Petroleum products; Petroleum oils and oils ob- UGA/952/Add.1 04/23/2019 Not given Uganda tained from bituminous minerals, crude (HS 2709) Vulcanized Rubber, Thermoplastic Elastomers; Vul- UGA/953/Add.1 04/23/2019 Not given Uganda canised rubber thread and cord

Uganda UGA/954/Add.1 04/23/2019 Not given Rubber and articles thereof (HS 40)

Uganda UGA/955/Add.1 04/23/2019 Not given Rubber and articles thereof (HS 40)

Uganda UGA/956/Add.1 04/23/2019 Not given All products, conformity Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/957/Add.1 04/23/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/958/Add.1 04/23/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- Uganda UGA/959/Add.1 04/23/2019 Not given tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease

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treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils, Base oils; Lubricating preparations (in- cluding cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion prepara- tions and mould release preparations, based on lubricants) and preparations of a kind used for the UGA/960/Add.1 04/23/2019 Not given Uganda oil or grease treatment of textile materials, leather, furskins or other materials, but excluding prepara- tions containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/961/Add.1 04/23/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils, Lubricating Additives; Lubricating prep- arations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind Uganda UGA/963/Add.1 04/23/2019 Not given used for the oil or grease treatment of textile materi- als, leather, furskins or other materials, but exclud- ing preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403), - Ad- ditives for lubricating oils: (HS 38112) Bed blankets; Blankets and travelling rugs (HS UGA/1051 04/23/2019 06/22/2019 Uganda 6301) Bed blankets; - Blankets (other than electric blan- Uganda UGA/1052 04/23/2019 06/22/2019 kets) and travelling rugs, of wool or of fine animal hair (HS 630120) School bags; Trunks, suit-cases, vanity-cases, ex- ecutive-cases, brief-cases, school satchels, specta- cle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or bever- age bags, toilet bags, rucksacks, handbags, shop- ping bags, wallets, purses, map-cases, cigarette- UGA/1053 04/23/2019 06/22/2019 Uganda cases, tobacco-pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder-boxes, cut- lery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of tex- tile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper (HS 4202) Sewing thread of man-made staple fibres, whether UGA/1054 04/23/2019 06/22/2019 Uganda or not put up for retail sale (HS 5508)

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Vests; T-shirts, singlets and other vests, knitted or UGA/1055 04/23/2019 06/22/2019 Uganda crocheted (HS 6109) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/866/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/867/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/868/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/869/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/870/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic ce- UGA/871/Add.1 04/24/2019 Not given Uganda ments, whether or not coloured or in the form of clinkers (HS 2523) Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or UGA/923/Add.1 04/24/2019 Not given Uganda other sweetening matter nor flavoured; ice and snow. (HS 2201). Drinking water (ICS 13.060.20). Environmental water, waste water; Waters, includ- ing natural or artificial mineral waters and aerated Uganda UGA/924/Add.1 04/24/2019 Not given waters, not containing added sugar or other sweet- ening matter nor flavoured; ice and snow. (HS 2201). Drinking water (ICS 13.060.20). Surface water, saline water, domestic and industrial Uganda UGA/925/Add.1 04/24/2019 Not given wastes; Mineral waters and aerated waters (HS 220110). Drinking water (ICS 13.060.20). Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/947/Add.1 04/24/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) UGA/962/Add.1 04/24/2019 Not given Uganda and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight

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of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Wooden Door Shutters; - Shutters, blinds (including Uganda UGA/964/Add.1 04/24/2019 Not given Venetian blinds) and similar articles and parts thereof (HS 392530) Wooden door shutters; Doors, windows and their frames and thresholds for doors (HS 392520), Shut- ters, blinds (including Venetian blinds) and similar Uganda UGA/965/Add.1 04/24/2019 Not given articles and parts thereof (HS 392530), Doors and their frames and thresholds (HS 441820), Doors, windows and their frames and thresholds for doors (HS 761010) Dining tables; Other furniture and parts thereof (HS UGA/966/Add.1 04/24/2019 Not given Uganda 9403) Library furniture and fittings: timber; Other furniture UGA/967/Add.1 04/24/2019 Not given Uganda and parts thereof (HS 9403) Library furniture and fittings: steel; Other furniture UGA/968/Add.1 04/24/2019 Not given Uganda and parts thereof (HS 9403) Steel shelving cabinets; Filing cabinets, card-index cabinets, paper trays, paper rests, pen trays, office- stamp stands and similar office or desk equipment, UGA/970/Add.1 04/24/2019 Not given Uganda of base metal, other than office furniture of heading 94.03. (HS 8304), - Metal furniture of a kind used in offices (HS 940310) Steel filing cabinets; Filing cabinets, card-index cab- inets, paper trays, paper rests, pen trays, office- Uganda UGA/971/Add.1 04/24/2019 Not given stamp stands and similar office or desk equipment, of base metal, other than office furniture of heading 94.03 (HS 8304) Office metal chairs, non-revolving chairs, non-tilting Uganda UGA/972/Add.1 04/24/2019 Not given chairs; - Metal furniture of a kind used in offices (HS 940310) Metal chairs, revolving metal chairs, tilting metal Uganda UGA/973/Add.1 04/24/2019 Not given chairs; - Metal furniture of a kind used in offices (HS 940310) Wooden shelving cabinets, adjustable wooden Uganda UGA/974/Add.1 04/24/2019 Not given shelving cabinets; - Wooden furniture of a kind used in offices (HS 940330)

Uganda UGA/975/Add.1 04/24/2019 Not given Composite office tables Polymer; Polymers of ethylene, in primary forms Uganda UGA/977/Add.1 04/24/2019 Not given (HS 3901), - Cyclic polymers of aldehydes (HS 291250) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/978/Add.1 04/24/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- Uganda UGA/979/Add.1 04/24/2019 Not given ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and

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mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/980/Add.1 04/24/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Engine oils; Lubricating preparations (including cut- ting-oil preparations, bolt or nut release prepara- tions, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/981/Add.1 04/24/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Mineral fuels, mineral oils and products of their dis- Uganda UGA/982/Add.1 04/24/2019 Not given tillation; bituminous substances; mineral waxes (HS 27) Diesel Engine Oil; Lubricating preparations (includ- ing cutting-oil preparations, bolt or nut release prep- arations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease UGA/983/Add.1 04/24/2019 Not given Uganda treatment of textile materials, leather, furskins or other materials, but excluding preparations contain- ing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals (HS 3403) Stainless steel milk cans; -- Cans which are to be UGA/986/Add.1 04/24/2019 Not given Uganda closed by soldering or crimping (HS 731021) Foil for pharmaceutical packaging; Aluminium and UGA/987/Add.1 04/24/2019 Not given Uganda articles thereof (HS 76)

Uganda UGA/1056 04/24/2019 06/23/2019 Eaves gutters and fittings; - Other (HS 392590) Directional lamps; light-emitting diode (LED) lamps; equipment designed for installation between the mains and the lamps, including lamp control gear, UKR/123/Add.1 04/09/2019 Not given Ukraine control devices and luminaires (other than ballasts and luminaires for fluorescent and high-intensity discharge lamps) Directional lamps; light-emitting diode (LED) lamps; equipment designed for installation between the UKR/123/Add.2 04/18/2019 Not given Ukraine mains and the lamps, including lamp control gear, control devices and luminaires (other than ballasts

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and luminaires for fluorescent and high-intensity discharge lamps)

Ukraine UKR/151 04/23/2019 06/22/2019 Equipment for use outdoors

Ukraine UKR/112/Add.2 04/24/2019 Not given Radio equipment Fluorescent lamp ballasts - Fluorescent, hot cath- USA/1046/Rev.1 04/01/2019 Not given United States ode (HS 8539.31) United States USA/1451 04/01/2019 05/20/2019 Volatile organic compounds Off highway recreational vehicle emissions; Motor cars and other motor vehicles principally designed United States USA/1452 04/01/2019 04/22/2019 for the transport of persons (other than those of heading 87.02), including station wagons and rac- ing cars (HS 8703) School buses; Motor vehicles for the transport of USA/1453 04/01/2019 04/05/2019 United States ten or more persons, including the driver (HS 8702) Gaming devices, systems and associated equip- USA/1454 04/01/2019 Not given United States ment Methylene chloride and N-Methylpyrrolidone (HS USA/1271/Add.2 04/03/2019 Not given United States 290312) Formaldehyde emission control for certain wood USA/1455 04/03/2019 04/22/2019 United States products Methylene Chloride; Paints and varnishes (including enamels and lacquers) based on synthetic poly- mers or chemically modified natural polymers, dis- persed or dissolved in a non-aqueous medium; so- United States USA/1456 04/03/2019 05/28/2019 lutions as defined in Note 4 to this Chapter (HS 3208); Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemi- cally modified natural polymers, dispersed or dis- solved in an aqueous medium (HS 3209) Small unmanned aircraft systems; Other aircraft (for example, helicopters, airplanes); spacecraft (includ- USA/1457 04/03/2019 04/15/2019 United States ing satellites) and suborbital and spacecraft launch vehicles (HS 8802) United States USA/1458 04/03/2019 04/15/2019 Product-safety testing and certification services Electric utility generating units emissions; Electric United States USA/1459 04/04/2019 03/18/2019 motors and generators (excluding generating sets) (HS 8501) Wine, distilled spirits, and malt beverages; Beer made from malt (HS 2203), Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 (HS 2204), Vermouth and other wine of fresh grapes flavoured with plants or aro- matic substances (HS 2205), Other fermented bev- erages (for example, cider, perry, mead); mixtures USA/1429/Corr. of fermented beverages and mixtures of fermented 04/10/2019 Not given United States 1 beverages and non-alcoholic beverages, not else- where specified or included (HS 2206), Undena- tured ethyl alcohol of an alcoholic strength by vol- ume of 80% vol or higher; ethyl alcohol and other spirits, denatured, of any strength (HS 2207), Un- denatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages (HS 2208)

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Final Date Country Notification Date Issued for Merchandise Covered Comments

United States USA/1462 04/10/2019 06/17/2019 Mycoplasma United States USA/1463 04/10/2019 05/06/2019 Flow cytometer instruments United States USA/1464 04/10/2019 06/26/2019 Mammography quality United States USA/1407/Add.1 04/11/2019 Not given Portable air conditioners Softwood lumber; Wood in the rough, whether or United States USA/1465 04/11/2019 04/29/2019 not stripped of bark or sapwood, or roughly squared (HS 4403); Other articles of wood (HS 4421) United States USA/1466 04/11/2019 Not given Auto titration device for oral appliances United States USA/1467 04/11/2019 Not given Software application for contraception Device to detect and identify microorganisms and associated resistance marker nucleic acids directly USA/1468 04/11/2019 Not given United States in respiratory specimens; Medical equipment (ICS 11.040) Transcranial magnetic stimulation system for neuro- USA/1469 04/11/2019 Not given United States logical and psychiatric disorders and conditions United States USA/1470 04/11/2019 05/22/2019 Lead in candy United States USA/715/Add.1 04/16/2019 Not given Glazing materials (HS 3207.20) United States USA/1167/Add.1 04/16/2019 Not given Topical antimicrobial drug products United States USA/1401/Add.1 04/16/2019 Not given Chemical substances USA/1461/Corr. 04/16/2019 Not given Organic crop production United States 1 Bottled water; Waters, including natural or artificial mineral waters and aerated waters, not containing United States USA/1471 04/16/2019 06/03/2019 added sugar or other sweetening matter nor fla- voured; ice and snow (HS 2201); Quality, Bever- ages, Water quality Walk-behind power lawn mowers; Domestic safety United States USA/1472 04/16/2019 06/10/2019 (ICS 13.120), Agricultural machines, implements and equipment United States USA/1473 04/24/2019 05/17/2019 Test procedures United States USA/1474 04/24/2019 Not given In vitro diagnostic devices

Viet Nam VNM/140 04/05/2019 Not given Manufactured and assembled automobiles

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 1991 to the present and many issued before 1991 are available for search and downloading using the CROSS search engine. Over 203,000 such rulings are in the database. CBP Rulings: Revocations or Modifications

The following table summarizes proposals made or actions taken that were pub- lished 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

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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 Effective (P) Proposed Position Revoked (R) sition Date (E) (A) Action

PROPOSED REVOCATIONS/MODIFICATIONS Tariff classification of three 6402.99.31 [GRI 1, 6; NY N270791 R 6402.99.4960 HQ H278605 styles of women’s sandals. Chap. 64 N 3(a), 4] 7326.90.86 [GRI 1; Sec. Tariff classification of a sur- NY N177676 M 9018.49.8080 HQ H277654 XV, N 1(h), Chap 90 N 2; gical tray EN] NY H84223 6203.49.8060 6203.43.90 NY F89120 6110.90.9010 6110.20.20 [GRI 1, 6; NY H84975 6205.90.4040 6205.30.20 Sec. XI N (P) 04-03-19 Tariff classification of (C) 05-03-19 2(A), men’s shorts, men’s sweat- 6303.91.00 or R HQ H293468 Subheading ers, men’s shirts, tunic-type HQ 085998 6303.92.00 N 2(A); EN garments and dust skirts modifying instead of 6303.92.20 HQ 085150 6304.19.05 or Sec. XI N 6304.19.15 2(A)] HQ 088132 6110.90.0074 6110.11.00 Tariff classification of plas- NY 874164 8424.90.9080 8424.89.90 [GRI 1, Sec. R HQ H294716 tic spray actuators NY R00270 3923.50.0000 XVI, N 2(a); EN] Tariff classification of wood 7318.15.5090 [GRI 3(c); fence post bracket assem- NY L83439 R 7326.90.8587 HQ H268650 EN (VIII) of GRI 3(b)] bly Tariff classification of re- 9401.61.6011 [GRI 1; NY N289071 M 9401.61.4011 HQ H290176 clining sofas EN 94.01] (P) 04-24-19 (C) 05-24-19 Because of China or Malaysia or any Country of origin marking software: other country of manu- determination of the HQ H014068 M country of HQ H243924 facture where an article TEMS™ Pocket network origin is Swe- recognizable as a mobile testing device den telephone is created PROPOSALS WITHDRAWN Tariff classification of cer- 11 Rulings R Proposal Proposal was published (A) 04-03-19 (E) 04-03-19 tain sheep’s milk cheeses 5 Rulings M Withdrawn in 09-26-18 Cus. Bull. REVOCATIONS/MODIFICATIONS Tariff classification of 2103.90.90 [GRI 1, 6; NY N283364 R 0406.10.84 HQ H285620 Greek yogurt dips EN 21.03] Tariff classification of wall- 8516.79.00 [GRI 1, 6; NY 898469 R 8516.10.00 HQ H297833 paper strippers. AUSR1(a); EN 85.16] NY N245635 HQ 958353 NY 811379 6802.99.00 [GRI 1, 6; Tariff classification of arti- NY 811779 chap 71 N 1, chap 68 N cles of soapstone or stea- NY B86726 R 7116.20.40 HQ H250466 1(d); EN 68.02, 71.03, tite NY H80981 (A) 04-03-19 71.16] (E) 06-03-19 NY N063856 NY N156155 NY N156975 4202.92.45 [GRI 1, 6; Tariff classification of plas- Chap. 42 AUSN 1, Chap tic play food packaged in a PC K88915 M 9503.00.00 HQ H300680 95 N 1(d), 4 – not GRI plastic backpack 3(b) or 5(a)] Tariff classification of a cer- Not eligible – not NY N278872 Eligible for HQ H300625 tain men’s woven shirt and M specially designed or NY N282688 9817.00.96 HQ H300660 a men’s woven suit adapted for handicapped

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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 Classification Implementing Description of the goods Reasons (CN code) Regulation

1. An article made of woven textile fabric 6304 92 00 (cotton), in the form of a tower, held up by a Classification is determined by general rules 1, metal frame to be placed next to a high bed 3(b) and 6 for the interpretation of the Combined at one of the openings and attached by Nomenclature and by the wording of CN codes means of the screws to the bed. It is not 6304 and 6304 92 00. free standing and cannot be moved. The article is not intended essentially for the It has openings in the form of cutouts re- amusement of children as it can neither be sembling doors or windows. It is decorated moved, nor is it a play tent (see also the Harmo- in order to match the theme of a child's nised System Explanatory Notes (HSEN) to room. heading 9503 (D) first paragraph, (xxiii)). Consid- ering its objective characteristics (instability, con- See image below struction, high windows, need to be attached by means of the screws), the article is not designed to play with but it rather serves for decorative pur- poses. Consequently, classification under head- ing 9503 as ‘other toys’ is excluded. It is a decorative furnishing article of textile mate- rial for a child's room (see also the HSEN to heading 6304). It is therefore to be classified under CN code 6304 92 00 as other furnishing articles, excluding (EU) 2019/612 those of heading 9404, not knitted or crocheted, (of 09-04-19) of cotton.

An article made of woven textile fabric (cot- 6304 92 00 Classification is determined by general rules 1 ton), and designed to hang from a high bed and 6 for the interpretation of the Combined No- to the floor to create a covered space below menclature and by the wording of CN codes 6304 the bed. and 6304 92 00. It has an opening either as a cut-out in the The article is not intended essentially for the shape of a door or as a split in the textile. It amusement of children as it covers the space be- is decorated in order to match the theme of low the bed (see also the HSEN to heading 9503 the child's room. (D) first paragraph). See image above Consequently, classification under heading 9503 as ‘other toys’ is excluded. It is a decorative furnishing article of textile mate- rial for a child's room (see also the HSEN to heading 6304). It is therefore to be classified under CN code 6304 92 00 as other furnishing articles, excluding those of heading 9404, not knitted or crocheted, of cotton.

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Commission Classification Implementing Description of the goods Reasons (CN code) Regulation

A threaded article made of stainless steel 7318 16 39 Classification is determined by general rules with an internal thread. It is in the form of a (GIR) 1 and 6 for the interpretation of the Com- nut with a flange on one end. bined Nomenclature and by the wording of CN codes 7318, 7318 16 and 7318 16 39. The article is designed to be used in the pipeline assembly of the hydraulic braking The article has the objective characteristics of system of a motor vehicle. ‘threaded articles’ classified under heading 7318. The article, when tightened, causes the Classification under heading 7307 as tube or pipe components of the connecting joint to settle fittings is excluded as the article only presses on into the correct position, thus securing the the components that form the connection in the hydraulic seal. joint and is not in contact with the liquid transmit- ted via the pipeline. The inner thread of the article See images below is not designed to form or maintain a hydraulic seal. (EU) 2019/613 (of 09-04-19) The article cannot be classified as an unfinished fitting/coupling by virtue of GIR 2(a) for the inter- pretation of the Combined Nomenclature be- cause it does not have the essential character of the finished fitting/coupling.

Bolts, nuts, screws, etc. suitable for use in the as- sembly of tube or pipe fittings are excluded from heading 7307 (see also the Harmonized System Explanatory Notes to heading 7307, exclusions, point (b)). Consequently, the article is to be classified under CN code 7318 16 39 as other nuts of stainless steel.

An article consisting of a rectangular plate 8302 42 00 Classification is determined by general rules 1, made of steel with a length of 48,26 cm (19 3(b) and 6 for the interpretation of the Combined inches) and rectangular shaped brackets of Nomenclature, notes 2(c) and 3 to Section XV, plastics. note 1(d) to Chapter 94 and by the wording of CN The brackets are attached perpendicularly codes 8302 and 8302 42 00 . to the plate, and have an opening in their The steel plate gives the article its essential char- short sides opposite to the plate. acter because it is the plate which is fixed to the The article has perforations at both ends of cabinets and supports and holds the brackets in the plate to enable it to be fixed by screwing place. to steel cabinets of a length matching that of Heading 8302 covers general purpose classes of the article (19 inch cabinets), which can be base metal accessory fittings and mountings, used in telecommunication, data processing such as are used largely on furniture, doors, win- (EU) 2019/643 systems, etc. dows, coachwork etc. even if they are designed (of 15-04-19) The article is designed to be used to organ- for particular uses (see also the Harmonized Sys- ise cables in the cabinets. tem Explanatory Notes to heading 8302 , first paragraph). See image Steel cabinets are classified as furniture within the meaning of note 2 to Chapter 94 (see also the HS classification opinions 940320/3 and 940320/4). The article has the objective characteristics of a fitting of base metal suitable for furniture classi- fied under heading 8302 . In accordance with note 2(c) to Section XV, arti- cles of heading 8302 are parts of general use.

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Commission Classification Implementing Description of the goods Reasons (CN code) Regulation

Classification as parts of furniture under head- ing 9403 is therefore excluded by virtue of note 1(d) to Chapter 94. Consequently, the article is to be classified under CN code 8302 42 00 as other base-metal mount- ings, fittings and similar articles suitable for furni- ture. An apparatus for the precise transfer of liq- 8479 89 97 Classification is determined by general rules uid droplets (so-called ‘liquid handler’) (GIR) 1, 3(b) and 6 for the interpretation of the measuring approximately 540 × 680 × 930 Combined Nomenclature and by the wording of mm and weighing approximately 128 kg. CN codes 8479, 8479 89 and 8479 89 97 . The apparatus consists of two devices for The apparatus is a composite product within the receiving microplates (source plate and meaning of GIR 3(b) and it is to be classified ac- destination plate), two deionisation rods and cording to the component that gives the product an ultrasound head incorporated in a com- its essential character. Despite the fact that pact housing with a control LED, a small measuring and analysing are necessary in order display and an emergency button. to ensure a precise dosing of the volume of liq- The apparatus utilises the Acoustic Droplet uid, it is the exact dosing, using ultrasound, of the Ejection (ADE) method which uses sound ejected droplets that is considered to be the func- (EU) 2019/644 energy (targeted ultrasonic pulses) to move tion that gives the apparatus its essential charac- (of 15-04-19) ultralow volume of droplets of liquid from a ter. source plate to an inverted destination plate Classification under heading 9026 as instruments with extremely high precision and accuracy. or apparatus for measuring or checking the flow, The system transfers droplets of 2,5 nano-li- level, pressure or other variables of liquids or tres per ejection enabling the transfer of gases is excluded as measuring and analysing larger volumes of liquid. Multiple droplets are ancillary functions of the apparatus. are ejected from the source at up to 500 The apparatus is therefore to be classified under times per second. CN code 8479 89 97 as other machines and me- The apparatus is used in the preparation of chanical appliances having individual functions, samples in laboratory sites to transfer spe- not specified or included elsewhere. cific volumes of reagents from one micro- plate to another. An article made of woven textile fabric (cot- 6307 90 98 Classification is determined by general rules 1 ton) composed of three textile pockets and 6 for the interpretation of the Combined No- stitched together and designed to be hung menclature, note 7(f) to Section XI and on a high bed rail. by the wording of CN codes 6307 , 6307 90 The article is intended for storing small and 6307 90 98 . items. The pockets may be decorated to The pockets are not considered furnishing arti- match the theme of a child's room. cles (see also the Harmonised System Explana- See image tory Notes (HSEN) to heading 6304) but serve as (EU) 2019/645 storage units. (of 15-04-19) Consequently, classification of the article under heading 6304 as other furnishing articles is ex- cluded. It is a made-up textile article, not included more specifically in other headings of Section XI or elsewhere within the meaning of heading 6307 (see also the HSEN to heading 6307). It is therefore to be classified under CN code 6307 90 98 as other made-up articles. Track link assembly (so-called ‘track-chain’) 8431 49 20 Classification is determined by general rules 1 made of cast steel, consisting of track links and 6 for the interpretation of the Combined No- which are connected by pins/joints. The menclature, note 1(f) to Section XV, note 2(b) (EU) 2019/646 (of 15-04-19) links have drilled holes for attaching plates Section XVI and by the wording of CN codes of rectangular shape (so-called 8431 , 8431 49 and 8431 49 20 .

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Commission Classification Implementing Description of the goods Reasons (CN code) Regulation

‘shoes/pads’), not included upon presenta- Based on its objective characteristics, the article tion. is identifiable as a part being solely or principally The design of the article, mainly the pres- suitable for use with machinery of heading 8429 ence of the drilled holes to which the (see also the Harmonised System classification ‘shoes/pads’ are to be attached makes the opinion 8431.49/1). The objective characteristics article identifiable as a caterpillar belt (which of the article (size and shape) are those of a cat- both delivers the propulsion and supports erpillar belt designed for use with machinery of the machinery to move on it) suitable for heading 8429 . Classification under heading 7315 use solely or principally with earth-moving as chains of iron or steel is consequently ex- machinery of heading 8429. (See image) cluded. The article is therefore to be classified under CN code 8431 49 20 as other parts suitable for use solely or principally with the machinery of head- ings 8425 to 8430 ; of cast iron or cast steel.

An audio apparatus (so-called ‘soundbar’) 8519 81 45 Classification is determined by general rules 1 for sound reproduction of audio files of vari- and 6 for the interpretation of the Combined No- ous formats from various interfaces. Its menclature and by the wording of the CN codes overall dimensions are approximately 110 × 8519, 8519 81 and 8519 81 45. 14 × 7 cm. The apparatus combines the function of a loud- The apparatus is equipped with: speaker of heading 8518 (when used in connec- — Ethernet interface, tion with another sound reproducing apparatus or with a television apparatus) and a function of a — Bluetooth and WiFi network connectivity, sound reproducing apparatus of heading 8519 (EU) 2019/647 — digital optical input and RCA line inputs (when reproducing audio files from a USB flash (of 15-04-19) and outputs, memory or from an internet radio). — two USB ports, of which one is mini and As the apparatus also performs a sound repro- for product servicing. ducing function, classification under heading The apparatus can be used with another 8518 is excluded. Since the apparatus is supplied sound reproducing apparatus or with a tele- with a USB connection, it means that it is using vision apparatus. It can also reproduce au- semiconductor media. dio files stored on the USB flash memory or Therefore, the product is to be classified under an internet radio. It is designed to create CN code 8519 81 45 as ‘other sound reproducing surround sound and stereo effects. apparatus using semiconductor media’. An apparatus designed to capture a se- Implementing In its judgment in Case C-372/17 (Judgment of quence of images and incorporating a vola- Regulation (EU) 13 September 2018, Vision Research Europe, C- tile internal memory able to temporarily No 113/2014 is 372/17, EU:C:2018:708), the Court of Justice store those images (so-called ‘high speed repealed ruled that Implementing Regulation (EU) No (EU) 2019/648 camera’). 113/2014 is invalid. (of 15-04-19) By Implementing Regulation (EU) No For reasons of legal certainty, provisions which 113/2014, the Commission classified the have been declared invalid by the Court of Jus- camera, under CN code 8525 80 19 as tice should be formally removed from the legal or- other television cameras. der of the Union.

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

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past month by the US International Trade Commission, the independent United States agency charged with enforcement of section 337.

Inv. № Commodity Action

Certain Robotic Vacuum Cleaning De- [ENFORCEMENT PROCEEDING] Notice of Institution of Formal Enforce- 337–TA–1057 vices and Components Thereof Such as ment Proceeding Spare Parts Certain Mobile Electronic Devices and Notice of the Commission’s Final Determination Finding No Viola- 337–TA–1065 Radio Frequency and Processing Compo- tion of Section 337; Termination of the Investigation nents Thereof Commission Determination To Review in Part a Final Initial Deter- Certain Road Milling Machines and Com- 337–TA–1067 mination; Schedule for Filing Written Submissions on Remedy, the ponents Thereof Public Interest, and Bonding Certain Industrial Automation Systems and Components Thereof Including Con- trol Systems, Controllers, Visualization Issuance of a General Exclusion Order and a Cease and Desist 337–TA–1074 Hardware, Motion and Motor Control Sys- Order; Termination of the Investigation tems, Networking Equipment, Safety De- vices, and Power Supplies Commission Determination to Review in Part a Final Initial Deter- Certain LED Light Devices, LED Power mination Finding a Violation of Section 337; Schedule for Filing 337–TA–1081 Supplies, and Components Thereof Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date Commission Determination to Review-in-Part a Final Initial Deter- Certain Road Construction Machines and mination Finding a Section 337 Violation; Schedule for Filing Writ- 337–TA–1088 Components Thereof ten Submissions; Extension of the Target Date for Completion of the Investigation Certain Color Intraoral Scanners and Re- 337–TA–1091 Notice of Request for Statements on the Public Interest lated Hardware and Software Commission Determination Not To Review an Initial Determination Certain Microperforated Packaging Granting a Motion To Terminate the Investigation With Respect to 337–TA–1127 Containing Fresh Produce (II) Respondent Growers Express, LLC.; Termination of the Investiga- tion Certain Lithography Machines and Sys- 337–TA–1128 Termination of Investigation on the Basis of Settlement tems and Components Thereof (I) Commission Determination Not To Review an Initial Determination Certain Lithography Machines and Sys- 337–TA–1129 Terminating the Investigation Based on Settlement; Termination of tems and Components Thereof (II) the Investigation Certain Obstructive Sleep Apnea Treat- 337–TA–1136 ment Mask Systems and Components Termination of Investigation on the Basis of Settlement Thereof Notice of Commission Decision Not To Review an Initial Determi- Certain Electronic Nicotine Delivery Sys- 337–TA–1139 nation Granting-in-Part a Joint Motion To Amend the Complaint tems and Components Thereof and Notice of Investigation Certain Semiconductor Devices, Inte- Institution of Investigation based on a complaint filed on behalf of 337–TA–1149 grated Circuits, and Consumer Products Innovative Foundry Technologies LLC alleging patent infringement Containing the Same Certain Data Transmission Devices, Com- Institution of Investigation based on a complaint filed on behalf of 337–TA–1150 ponents Thereof, Associated Software, Data Scape Limited and C-Scape Consulting Corp. alleging patent and Products Containing the Same infringement Institution of Investigation based on a complaint filed on behalf of Certain Photovoltaic Cells and Products 337–TA–1151 Hanwha Q CELLS USA Inc. and Hanwha Q CELLS & Containing Same Advanced Materials Corporation alleging patent infringement Certain Vehicle Security and Remote Institution of Investigation based on a complaint filed on behalf of 337–TA–1152 Convenience Systems and Components DEI Holdings, Inc., Directed, LLC, and Directed Electronics Can- Thereof ada Inc

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Inv. № Commodity Action

Certain Bone Cements, Components Institution of Investigation based on a complaint filed on behalf of 337–TA–1153 Thereof and Products Containing the Heraeus Medical LLC and Heraeus Medical GmbH alleging misap- Same propriation of trade secrets Certain Child Carriers and Components Institution of Investigation based on a complaint filed on behalf of 337–TA–1154 Thereof LILLEbaby 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 viola- tions 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:

Mohawk Industries, Inc., Flooring Industries Ltd. DN 3376 Certain Luxury Vinyl Tile and Components Thereof Sarl, and IVC US Inc. Current Lighting Solutions, LLC, General Electric Certain LED Packages Containing PFS Phosphor and Products DN 3379 Co., and Consumer Lighting (U.S.), LLC d/b/a GE Containing Same Lighting Certain Cardio-Strength Training Magnetic-Resistance Cable Ex- DN 3380 ICON Health & Fitness, Inc. ercise Machines and Components Thereof

Antidumping, Countervailing Duty and Safeguards Investigations, Orders & Reviews

In order to assist our clients in planning, we are listing antidumping, countervail- ing 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.

WTO Safeguard Notifications

Notification № Member Merchandise Action

G/SG/N/6/COL/8 Colombia Sheets of cardboard and polyethylene Initiation of a safeguard investigation on 09-04-19 (16-04-19)

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

Case № Merchandise/Country Action

Initiation of AD and CVD Administrative Reviews. Period of review A–122–857 Certain Softwood Lumber Products From Can- for AD: 6/30/17–12/31/18 for CVD: 4/28/17–12/31/18. See notice C–122–858 ada for list of companies seeking reviews Postponement of Preliminary Determination in the LTFV Investiga- A–570–092 Mattresses From China tion Wooden Cabinets and Vanities and Compo- C–570–107 Initiation of CVD Investigation nents Thereof From China

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

Case № Merchandise/Country Action

A–570–848 Freshwater Crawfish Tail Meat From China Preliminary Results of ADD New Shipper Review; 2017–2018 Wooden Cabinets and Vanities and Compo- A–570–106 Initiation of LTFV Investigation nents Thereof From China Certain New Pneumatic Off-the-Road Tires Notice of Partial Rescission of the ADD Administrative Review; A–570–912 From China 2017-2018 Preliminary Affirmative CVD Determination and Alignment of Final C–570–094 Refillable Stainless Steel Kegs From China Determination with Final ADD Determination Seamless Refined Copper Pipe and Tube from A–201–838 Rescission of ADD Administrative Review; 2017-2018 Mexico Preliminary Affirmative CVD Determination and Alignment of Final C–570–096 Aluminum Wire and Cable From China Determination with Final ADD Determination A–580–891 Carbon and Alloy Steel Wire Rod From S. Ko- Notice of Final Results of ADD Changed Circumstances Review A–412–826 rea and the UK A–201–842 Large Residential Washers From Mexico Preliminary Results of the ADD Administrative Review; 2017–2018 C–552–824 Laminated Woven Sacks From Vietnam Final Affirmative CVD Determination Circular Welded Carbon Quality Steel Pipe C–570–911 Rescission of CVD Administrative Review; 2017 From China A–552–823 Laminated Woven Sacks From Vietnam Final Determination of Sales at LTFV A–351–825 Stainless Steel Bar From Brazil Final Results of ADD Administrative Review; 2017 Certain New Pneumatic Off-the-Road Tires Notice of Correction to the Partial Rescission of the ADD Adminis- A–570–912 From China trative Review; 2017– 2018 AGENCY: Certain Crystalline Silicon Photovoltaic Prod- Preliminary Results of ADD Administrative Review and Preliminary A–583–853 ucts From Taiwan Determination of No Shipments; 2017– 2018 Certain Cut-to-Length Carbon-Quality Steel Preliminary Results of CVD Administrative Review; and Rescission C–580–837 Plate From S. Korea: of Review, in Part; Calendar Year 2017 C–122–865 Certain Fabricated Structural Steel From Can- Postponement of Preliminary Determinations in the CVD Investiga- C–201–851 ada, Mexico, and China tions C–570–103 A–533–810 Stainless Steel Bar From India Preliminary Results of ADD Administrative Review; 2017– 2018 Circular Welded Carbon Quality Steel Pipe Final Results of the Expedited Second Sunset Review of the ADD A–570–910 From China Order Certain Crystalline Silicon Photovoltaic Prod- Preliminary Results of CVD Administrative Review, and Rescission C–570–011 ucts From China of Review in Part; 2017 Preliminary Results of ADD Administrative Review and Rescission A–570–967 Aluminum Extrusions From China of Review, in Part; 2017– 2018 Certain Coated Paper Suitable for High-Quality A–570–958 Print Graphics Using Sheet-Fed Presses From Rescission of the ADD Administrative Review; 2017–2018 China Certain Hot-Rolled Steel Flat Products From A–421–813 Rescission of the ADD Administrative Review; 2017–2018 the Netherlands A–475–818 C–475–819 Certain Pasta From Italy and Turkey Continuation of the ADD and CVD Orders A–489–805 C–489–806 A–570–879 Polyvinyl Alcohol From China Notice of Final Results of ADD Changed Circumstances Review A–580–867 Large Power Transformers From S. Korea Final Results of ADD Administrative Review; 2016–2017

A–570–928 Uncovered Innerspring Units From China Final Results of the ADD Administrative Review; 2017-2018 C–570–089 Steel Racks From China Amended Preliminary CVD Determination Certain Hot-Rolled Carbon Steel Flat Products Correction to the Preliminary Results of the 2016-2017 Administra- A–821–809 From the Russian Federation tive Review

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

Case № Merchandise/Country Action

Certain Steel Wheels 12 to 16.5 Inches in Di- Preliminary Affirmative Determination of Sales at LTFV, and Pre- A–570–090 ameter From China liminary Affirmative Determination of Critical Circumstances Light-Walled Rectangular Pipe and Tube From A–201–836 Final Results of ADD Administrative Review; 2016-2017 Mexico Certain Frozen Warmwater Shrimp From Vi- A–552–802 Preliminary Results of ADD Administrative Review; 2017-2018 etnam A–570–097 Preliminary Affirmative Determinations of Critical Circumstances in Polyester Textured Yarn From China C–570–098 the AD and CVD Investigations A–533–840 Certain Frozen Warmwater Shrimp From India Preliminary Results of ADD Administrative Review; 2017–2018 A–533–885 Postponement of Preliminary Determinations in the LTFV Investi- Polyester Textured Yarn From India and China A–570–097 gations Postponement of Preliminary Determination in the LTFV Investiga- A–508–812 Magnesium From Israel tion Final Results of ADD Administrative Review, and Final Determina- A–570–909 Certain Steel Nails From China tion of No Shipments; 2016-2017 C–552–819 Certain Steel Nails From Vietnam Rescission of CVD Administrative Review; 2017 A–122–866 Sodium Sulfate Anhydrous From Canada Initiation of LTFV Investigation C–533–888 Carbon and Alloy Steel Threaded Rod From In- Postponement of Preliminary Determinations in the CVD Investiga- C–570–105 dia and China tions Certain Passenger Vehicle and Light Truck C–570–017 Final Results of CVD Administrative Review; 2016 Tires From China Final Results of the ADD Administrative Review and Final Determi- A–570–028 Hydrofluorocarbon Blends From China nation of No Shipments; 2016- 2017 Certain Passenger Vehicle and Light Truck Final Results of the ADD Administrative Review and Final Determi- A–570–016 Tires From China nation of No Shipments; 2016-2017 A–549–835 Rubber Bands From Thailand ADD Order Certain Hot-Rolled Steel Flat Products From S. A–580–883 2017– 2018; Rescission of the ADD Administrative Review in Part Korea Certain Coated Paper Suitable for High-Quality C–570–959 Print Graphics Using Sheet-Fed Presses From Rescission of CVD Administrative Review; 2017 China Final Results, and Final Results of No Shipments of the ADD Ad- A–552–801 Certain Frozen Fish Fillets From Vietnam ministrative Review; 2016–2017 Certain Hot-Rolled Steel Flat Products from A–602–809 Final Results of ADD Administrative Review; 2016-2017 Australia

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

Diffusion-Annealed, Nickel-Plated 731–TA–1206 Flat-Rolled Steel Products From Ja- [REVIEW] Institution of a Five-Year Review pan 701–TA–455 Circular Welded Carbon Quality [SECOND REVIEW] Institution of Five-Year Reviews 731– TA–1149 Steel Line Pipe From China 731–TA–752 Crawfish Tail Meat From China [FOURTH REVIEW] Institution of a Five-Year Reviews Sodium Sulfate Anhydrous From [PRELIMINARY] Institution of ADD Investigation and Scheduling of 731–TA–1446 Canada Preliminary Phase Investigation

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United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

[PRELIMINARY] Determination: reasonable indication that an industry in the United States is materially injured by reason of imports sub- Acetone From Belgium, Korea, ject goods from Belgium, Korea, Singapore, South Africa, and 731–TA–1435–1440 Saudi Arabia, Singapore, South Af- Spain, that are alleged to be sold in the United States at LTFV. the rica, and Spain Commission terminates the ADD investigation on acetone from Saudi Arabia. [FINAL] Determination: an industry in the United States is materially 701–TA–597 injured by imports that have been found by Commerce to be sold in Cast Iron Soil Pipe From China 731– TA–1407 the United States at LTFV, and to be subsidized by the government of China. [PRELIMINARY] Determinations: reasonable indication that an industry Carbon and Alloy Steel Threaded 701–TA–618–619 in the United States is materially injured by imports that are alleged Rod From China, India, Taiwan, and 731–TA–1441–1444 to be sold in the United States at LTFV and to be subsidized by the Thailand governments of China and India 701–TA–621 [PRELIMINARY] Institution of AD and CVD Investigations and Sched- Ceramic Tile From China 731–TA–1447 uling of Preliminary Phase Investigations Certain Welded Large Diameter Line 731–TA–919 [THIRD REVIEW] Scheduling of a Full Five-Year Review Pipe From Japan [THIRD REVIEW] Determination: revocation of the ADD orders would Silicomanganese from India, Ka- 731–TA–929-931 be likely to lead to continuation or recurrence of material injury to an zakhstan, and Venezuela industry in the United States within a reasonably foreseeable time [FINAL] Determinations that for certain subheadings an industry in the United States is materially injured (Canada, Korea, and Turkey) by sales at LTFV and by subsidies (S. Korea); threatened with ma- terial injury by reason of LTFV imports from Greece. Further, the 701–TA–595–596 Commission terminated the CVD investigation on imports from Tur- Large Diameter Welded Pipe From 731–TA–1401, 1403, key. For certain other subheadings: Commission determined mate- Canada, Greece, Korea, and Turkey 1405–1406 rially injury for LTFV imports from Canada, Korea, and Turkey and subsidized imports from Korea and Turkey and terminated investi- gation on imports from Greece. Finally for subheading 7305.31.60, no injury or threatened injury from Canada and Korea; terminates ADD investigation for Greece and AD/CVD for Turkey 701–TA–447 Circular Welded Carbon-Quality [SECOND REVIEW] Scheduling of Expedited Five-Year Reviews 731–TA–1116 Steel Pipe From China [FINAL] Determination: an industry in the United States is materially 731–TA–1410 Rubber Bands From Thailand injured by imports found by Commerce to be sold at LTFV [PRELIMINARY] Determinations: reasonable indication that an industry 701–TA–620 Wooden Cabinets and Vanities from in the United States is materially injured by imports alleged to sold 731–TA–1445 China at LTFV and subsidized by China 701–TA–607 Steel Propane Cylinders From China [FINAL] Revised Scheduling of the Final Phase of Countervailing 731– TA–1417, 1419 and Thailand 1419 Duty and Anti-Dumping Duty Investigations 701–TA–622 [PRELIMINARY] Institution of ADD and CVD Investigations and Sched- Dried Tart Cherries From Turkey 731– TA–1448 uling of Preliminary Phase Investigations [REVIEW] Determinations: revocation of the AD and CVD duty orders on products from Korea would not be likely to lead to continuation or recurrence of material injury to an industry in the United States 701–TA–488 Certain Large Residential Washers within a reasonably foreseeable time; revocation of the ADD order 731–TA–1199-1200 from Korea and Mexico on products from Mexico would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time

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Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

Certain Steel Goods [The classes of goods subject to the inquiry are: (1) heavy plate, (2) concrete reinforcing bar, (3) energy tubular Determinations and Recommendations Report on Safeguard In- GC-2018-001 products; (4) hot-rolled sheet, (5) pre- quiry painted steel, (6) stainless steel wire, and (7) wire rod] Finding that the dumping of the subject goods has not caused NQ-2018-005 Certain Nitisinone Capsules from Sweden injury and is not threatening to cause injury to the domestic in- dustry Certain corrosion-resistant flat-rolled steel sheet products of carbon steel originating in Finding that the dumping of the subject goods has not caused NQ-2018-004 or exported from China, Chinese Taipei, In- injury but is threatening to cause injury to the domestic industry. dia and S. Korea

Canada Border Services Agency (CBSA)

Ref. Number Merchandise/Country Action

Oil Country Tubular Goods from Indone- OCTG2 2018 UP 02 Notice of Conclusion of Normal Value Review sia Certain Carbon Steel Fasteners originat- Notice of Re-investigation of the normal values and export FAS 2019 RI ing in or exported from China, and Chi- prices from all listed countries, and the amounts of subsidy for nese Taipei the subject goods from China NIT 2018 IN Certain Nitisinone Capsules from Sweden Statement of Reasons for the Final Determination of Dumping CPF 2019 RI Certain Copper Pipe Fittings from the CBSA has extended the re-investigation to update the normal United States, South Korea and China values and export prices and the amounts of subsidy from China Dumping and Subsidizing: Certain Ther- TC 2018 ER Expiry Review Determination – Statement of Reasons moelectric Containers from China Notice of Expiry Review Decision – Determinations that expiry Dumping: Certain copper tube originating is likely to result in the continuation or resumption of dumping of in or exported from Brazil, China, Greece, such goods originating in or exported from Mexico, Brazil, CT 2018 ER Mexico and S. Korea. Subsidizing: those China, Greece, and South Korea; and in the continuation or re- goods originating in or exported from sumption of subsidizing of such goods originating in or exported China from China

NAFTA Panels

Case Number Merchandise/Country Action None

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action Stainless steel flat products originating in Resolution accepting the request of an interested party and de- 02/19 China and Chinese Taipei, regardless of the claring the initiation of the AD investigation country of export. Plastic Atomizers originating in China, regard- Resolution declaring the commencement of the examination of EC 04/19 less of the country of export the validity of the ADD

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Mexico - Ministry of Economy

Ref. № Merchandise/Country Action Wind Towers originating in China, regardless Resolution accepting the interested party's request and declaring 19/18 of the country of export the initiation of the AD investigation Sheet steel plate originating in Italy regardless 10/17 Final resolution in the AD investigation of the country of export

European Union

Reference Merchandise/Country Action

Ferro-silicon originating in Russia and 2019/C 123/13 Notice of initiation of an expiry review of the AD measures China Certain tube and pipe fittings originating Commission Implementing Regulation imposing a definitive ADD on (EU) 2019/566 in the Russian Federation, S. Korea and imports following an expiry review and terminating the investigation Malaysia concerning the imports of the same product originating in Turkey Certain grain-oriented flat-rolled prod- Notice concerning the AD measures: name change of one company 2019/C 133/04 ucts of silicon-electrical steel originating, subject to the ADD rate for cooperating non-sampled companies inter alia, in Japan Mixtures of urea and ammonium nitrate (EU) 2019/576 originating in Russia, Trinidad and To- Commission Implementing Regulation imposing a provisional ADD bago and the USA Notice concerning the AD measures in force: change of the name of 2019/C 140/06 Melamine originating in China a company subject to the minimum import price for cooperating non- sampled companies 2019/C 140/07 Sulphanilic Acid originating in China Notice of the impending expiry of certain AD measures on 19.12.19 Certain filament glass fibre products Notice of the impending expiry of certain anti-subsidy measures on 2019/C 141/04 originating in China 24.12.19

Australian Anti-Dumping Commission

Ref. № Merchandise/Country/Case # Action

2019/27 Aluminium Zinc Coated Steel from China #500 Findings in relation to an Accelerated Review Tomato Products, Prepared or Preserved from It- 2019/31 Findings of a continuation inquiry into AD Measure aly #488 A4 Copy Paper from Finland, Korea, Russia, Slo- 2019/37 Findings in relation to a Dumping Investigation vakia #463 2019/38 Grinding Balls from China #502 Findings in relation to Accelerated Review Notice for longer period for the decision of the Minister for Industry, 2019/42 Railway Wheels from China and France #466 Science and Technology Steel Reinforcing Bar from Korea and Taiwan 2019/43 Extension of time granted to issue Final Report #486/489 2019/46 PVC Flat Electrical Cables from China #469 Termination of part of an investigation Hollow Structural Sections from China, Korea, 2019/48 Findings of Exemption inquiry EX0064 Malaysia, Taiwan EX0064 2019/49 Deep Drawn Stainless Steel Sinks from China Notice of Expiry Ammonium Nitrate from China, Sweden, Thailand 2019/50 Extension of time granted to issue the Final Report #473 2019/51 Various Monthly status report – March 2019 Extension of time to granted to issue the Statement of Essential 2019/52 Aluminium Extrusions from China #497 Facts and Final Report Tomato Products, Prepared or Preserved from It- Notice for longer period for the decision of the Minister for Industry, 2019/53 aly #488 Science and Technology

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Australian Anti-Dumping Commission

Ref. № Merchandise/Country/Case # Action

Hot Rolled Structural Steel Sections from Japan, Extension of time granted to publish Statement of Essential Facts 2019/55 Korea, Taiwan, Thailand #499 / #505 and Final Report 2019/56 Steel Reinforcing Bar from Turkey #495 Revision to Securities 2019/59 Aluminium Extrusions from Malaysia #509 Initiation of a Review

China Ministry of Commerce (MOFCOM)

Ref. № Merchandise/Country Action

MOFCOM № 12, Phenol from the US, EU, South Korea, Extension of investigation for six months 2019 Japan and Thailand MOFCOM № 16, Methionine originating in Singapore, Commencement of ADD investigation 2019 Malaysia and Japan MOFCOM № 18, Dried distillers corn originating in the Review on need for continued ADD and CVD at request of US 2019 United States Grains Council Final review of AD measures found that if terminated, dumping may MOFCOM № 17, Imported electrolytic capacitor paper continue or reoccur and damage domestic industry – continue for 5 2019 originating in Japan years

Government of India Ministry of Finance (Department of Revenue)

Notification № Merchandise/Country Action

16/2019-Cus (ADD) Cast Aluminium Alloy Wheels or Alloy Road Wheels Notification imposing Anti-dumping Duty rescinded 09-04-19 used in Motor Vehicles, whether or not attached with their accessories, of a size in diameters ranging from 17/2019-Cus (ADD) 12 inches to 24 inches, originating in or exported Definitive Anti-dumping Duty imposed for a period 09-04-19 from China PR, Korea RP and Thailand of 5 years 18/2019-Cus (ADD) Ductile Iron Pipes originating in or exported from Extends imposition of Anti-dumping Duty till 9 May, 10-04-19 China PR 2019 19/2019-Cus (ADD) Paracetamol originating in or exported from China Notification imposing Anti-dumping Duty rescinded 16-04-19

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

File № and Date Merchandise/Country Action

INITIATIONS Aluminium and Zinc coated flat products originating 6/4/2019-DGTR in or exported from China PR, Vietnam and Korea Initiates Anti-dumping Investigation 02-04-19 RP ORAL HEARINGS 7/36/2018-DGAD Purified Terephthalic Acid (PTA) originating in or ex- Schedules oral hearing on 29 April, 2019 in Sunset 02-04-19 ported from Korea RP and Thailand Review Investigation 7/44/2018-DGTR Electrical Insulators originating in or exported from Schedules oral hearing on 24 April, 2019 in Sunset 04-04-19 China PR Review Investigation 7/37/2018-DGTR Low Ash Metallurgical Coke originating in or ex- Schedules oral hearing on 24 April, 2019 in Mid- 05-04-19 ported from Australia and China PR term Review Investigation

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

File № and Date Merchandise/Country Action

7/38/2018-DGTR Saturated Fatty Alcohols originating in or exported Schedules oral hearing on 9 May, 2019 in New- 29-04-19 from Indonesia, Malaysia, Thailand and Saudi Arabia Shipper Review Investigation FINAL FINDINGS 7/18/2018-DGAD Ductile Iron Pipes originating in or exported from Final Findings issued in Sunset Review Investiga- 01-04-19 China PR tion OTHERS Continuous Cast Copper Wire Rods originating in or Invites comments by 18 April, 2019 on Product 6/17/2018-DGAD exported from Indonesia, Malaysia, Thailand and Vi- Control Number (PCN) methodology to be adopted 05-04-19 etnam in Anti-subsidy Investigation Time for filing additional data of 6 months beyond 7/34/2018-DGTR PVC Suspension Grade Resin originating in or ex- Period of Investigation by producers/ exporters in 25-04-19 ported from China PR, Thailand, and USA Sunset Review Investigation extended till 29 April, 2019

Argentina Ministry of Production and Labor

Ref. Number Merchandise/Country Action Res. 218/2019 Sunglasses, frames for eyeglasses Application of combined AD measure, consisting of a specific RESOL-2019-218- and glasses (glasses) corrective or duty and an ad valorem duty for a term of TWO (2) years. APN-MPYT pre-graduated, originating in China Res. 26/2019 Closing of non-preferential verification of origin procedure for Hand adjustment keys originating in RESOL-2019-26- hand adjustment keys, declared as originating in Spain; return of China and Taipei APN-SCE # MPYT guarantees Res. 243/2019 Certain thermos flasks and other RESOL-2019-243- containers isothermal originating in ADD imposed for five years APN-MPYT China Res. 27/2019 Certain boilers for central heating Investigation continues without the application of provisional anti- RESOL-2019-27- originating in Italy and Slovakia dumping duties APN-SCE # MPYT Res. 253/2019 Shock absorbers used in motor-cy- RESOL-2019-253- Close investigation and assess ADD for 5 years cles, etc. from China APN-MPYT Res. 42/2019 Certain vacuum cleaners, with built- RESOL-2019-42- in electric motors originating in Close investigation without application of definitive ADD APN-SCE # MPYT China Res. 43/2019 Certain poly (ethylene tereph- RESOL-2019-43- thalate), in granules originating in Commence AD investigation APN-SCE # MPYT Oman Res. 45/2019 Machines and apparatus for welding RESOL-2019-45- metal, arc, except welding robots, Opening of investigation for alleged dumping APN-SCE # MPYT originating in China Res. 46/2019 Certain Boards of wood fiber ob- Investigation continues without application of provisional dumping RESOL-2019-46- tained by wet process, originating in duties APN-SCE # MPYT Brazil

Brazil Ministry of Development, Industry and Trade

Reference Merchandise/Country Action

New radial tires for buses and trucks, SECEX Cir. № 16 Update of the price commitment originating in Japan

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Brazil Ministry of Development, Industry and Trade

Reference Merchandise/Country Action

Metallic magnesium originating in China Initiates public interest assessment concerning definitive AD SECEX Cir. № 17 and Russia measures polypropylene thermoplastic resins of the PP homo and PP cup types origi- Initiates public interest assessment concerning definitive AD SECEX Cir. № 18 nating in the USA, South Africa, South measures Korea and India Cast iron pipes for pipes, originating in Initiates public interest assessment concerning definitive AD SECEX Cir. № 19 China, the United Arab Emirates and In- measures dia Updates the deadlines that will serve as a parameter for the remain- SECEX Cir. № 20 Automobile tires originating in China der of the final ADD review Extends the deadline for the conclusion of the end-of-period review SECEX Cir. № 21 Padlocks originating in China of ADD Ferro-alloy pipe pipes from China, the Announces the new deadline for the final determination in the inves- SECEX Cir. № 22 United Arab Emirates and India tigation of dumping Initiates public interest assessment concerning definitive AD GNO steel originating in China, South SECEX Cir. № 23 measures and on the possible application of AD measures on origi- Korea, and Chinese Taipei nating imports from Germany. Certain seamless carbon steel pipes 1) Discloses the deadlines for the revision of the AD measures used for oil and gas pipelines originat- 2) Extends the deadline for the conclusion of the end-of-period re- ing in China; 2) ethanolamines originat- SECEX Cir. № 24 view of the ADD ing in Germany and the United States 3) Extends the deadline for the conclusion of the end-of-period re- of America; 3) loudspeakers originating view of the ADD in China GNO (NGW) steel originating in Ger- Announces the new deadline for the final determination in the inves- SECEX Cir. № 25 many tigation of dumping

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

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

Antidumping Duty Proceedings Argentina: Biodiesel A–357–820 10/31/17–3/31/19 Indonesia: Biodiesel A–560–830 10/31/17–3/31/19 R. of Korea: Phosphor Copper A–580–885 4/1/18–3/31/19 The PR of China: 1,1,1,2-Tetrafluoroethane A–570–044 4/1/18–3/31/19 Activated Carbon A–570–904 4/1/18–3/31/19 Aluminum Foil A–570–053 11/2/17–3/31/19 Drawn Stainless Steel Sinks A–570–983 4/1/18–3/31/19 Magnesium Metal A–570–896 4/1/18–3/31/19 Non-Malleable Cast Iron Pipe Fittings A–570–875 4/1/18–3/31/19 Stainless Steel Sheet and Strip A–570–042 4/1/18–3/31/19 Steel Threaded Rod A–570–932 4/1/18–3/31/19 Countervailing Duty Proceedings The PR of China: Aluminum Foil C–570–054 8/14/17–12/31/18 Drawn Stainless Steel Sinks C–570–984 1/1/18–12/31/18 Stainless Steel Sheet and Strip C–570–043 1/1/18–12/31/18 Suspension Agreements None

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Requested Reviews In an April 1, 2019 Federal Register notice, the US Department of Commerce an- nounced that it has received timely requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates. See actual notices for companies requesting review:

Editor, International Trade AD/CVD Proceedings - Country/ Merchandise Case No. Period Compliance Update Antidumping Duty Proceedings Stuart P. Seidel Thailand: Prestressed Concrete Steel Wire Strand A–549–820 1/1/18–12/31/18 Washington, D.C. +1 202 452 7088 The PR of China: Hardwood Plywood Products A–570–051 6/23/17–12/31/18 stuart.seidel@bakermcken- Multilayered Wood Flooring A–570–970 12/1/17–11/30/18 zie.com Certain Cased Pencils A–570–827 12/1/17–11/30/18 Potassium Permanganate A–570–001 1/1/18–12/31/18 This may qualify as “Attorney Wooden Bedroom Furniture A–570–890 1/1/18–12/31/18 Advertising” requiring notice in Countervailing Duty Proceedings some jurisdictions. Prior re- Argentina: Biodiesel C–357–821 8/28/17–12/31/18 sults do not guarantee a simi- Indonesia: Biodiesel C–560–831 8/28/17–12/31/18 lar outcome. The PR of China: Hardwood Plywood Products C–570–052 4/25/18-12/31/18 Tool Chests and Cabinets C–570–057 9/15/18–12/31/18 Please see copyright and acknowledgements on the last Suspension Agreements page None

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

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

A–570–935 731–TA–1149 China Circular Welded Carbon Quality Steel Line (2nd) C–570–936 701–TA–455 China Circular Welded Carbon Quality Steel Line (2nd) A–570–848 731–TA–752 China Freshwater Crawfish Tailmeat (4th Review) A–588–869 731–TA–1206 Japan Diffusion-Annealed Nickel-Plated Flat Rolled Steel Products (1st Review)

Advance Notification of Sunset Reviews In an April, 2019, Federal Register notice, the US Department of Commerce ad- vised that the following cases were scheduled for five-year (“Sunset”) reviews for May 2019.

AD/CVD Proceedings - Merchandise/Country Case No.

Antidumping Duty Proceedings Light-Walled Rectangular Pipe and Tube from China A–570–914 (2nd Review) Prestressed Concrete Steel Rail Tie Wire from China A–570–990 (1st Review) Small Diameter Graphic Electrodes from China A–570–929 (2nd Review) Light-Walled Rectangular Pipe and Tube from Mexico A–201–836 (2nd Review) Prestressed Concrete Steel Rail Tie Wire from Mexico A–201–843 (1st Review) Light-Walled Rectangular Pipe and Tube from South Korea A–580–859 (2nd Review) Light-Walled Rectangular Pipe and Tube from Turkey A–489–815 (2nd Review) Countervailing Duty Proceedings Light-Walled Rectangular Pipe and Tube from China C–570–915 (2nd Review)

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AD/CVD Proceedings - Merchandise/Country Case No.

Suspended Investigations No Sunset Reviews of suspended investigations are scheduled for initiation in May 2019

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Mattias Hedwall Global Chair

International Commercial & Trade

International Commercial & Trade Leadership Team

Regional Chairs / Steering Committee

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

IC&T Focus Groups

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

Will Woods Ulrich Ellinghaus Fred Burke Terrie Gleason Dallas Frankfurt Ho Chi Minh City San Francisco 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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This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. This UPDATE is issued to inform Baker & McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in indi- vidual cases. Before you send an e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer- client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure. NOTE: This Update contains public sector information licensed under the Open Government Licence v3.0 of the United Kingdom. In addition, the Update uses material pursuant to European Commission policy as implemented by Commission Decision of 12 December 2011.

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