Agenda_WP328773_VReynolds_London_w table

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International Trade Compliance
(Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption)
Newsletter
January 2014 | Update
www.internationaltradecomplianceupdate.com
Note: Unless otherwise indicated, all information below is taken from official websites,
newsletters or press releases of international organizations (WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, Customs Unions or government agencies. The specific source
may usually be obtained by clicking on the blue hypertext link. As a general rule fisheries
and fishing matters are not covered in the Update.
In This Issue:
2014 International Trade Compliance Webinar Series
World Trade Organization (WTO)
Global Trade and the Global Supply Chain: Key Issues for 2014
World Customs Organization (WCO)
Other International Matters
The Americas - Central America
The Americas - North America
The Americas - South America
Asia-Pacific
Europe
Africa
Newsletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc.
WTO TBT Notifications
Join us for our 2014 International Trade Compliance Webinar Series. Our focus
this year will be on “Global Trade and the Global Supply Chain: Key Issues for
2014.” We expect this year to be an exciting year, with many developments on
the trade regulation side. We will start our series with a discussion of FCPA enforcement trends, compliance practices and management of third parties. We will
also conduct several webinar sessions that will focus on voluntary self disclosures
in the export context and country of origin, valuation and used goods in the Customs context. We will also have sessions on major trade agreements and new
environmental obstacles for placing products in EU, Russian/CIS and Asian markets. Terrie Gleason of our Washington DC office, Co-Chair of the Global Customs Practice, will moderate these webinars (unless otherwise noted).
•
Tuesday, January 14 FCPA Enforcement Trends – US, EU and Asia - Speakers:
Joan Meyer (Washington, DC), Maria McMahon (Washington, DC), Sunny Mann
(London) and Michelle Gon (Shanghai)
•
Tuesday, February 11 Voluntary Self-Disclosures in Export Compliance Cases in
the US, EU and China - Speakers: John McKenzie (San Francisco), Ross Denton
(London), Julia Pfeil (Frankfurt) and Eugene Lim (Singapore) Moderator: John
McKenzie (San Francisco)
•
Tuesday, March 11 Customs Valuation Issues and Updates – US, Mexico, EU
and China - Speakers: Terrie Gleason (Washington, DC), Edmundo Elias (Guadalajara), Jennifer Revis (London) and William Marshall (Hong Kong)
•
Tuesday, April 15 Country of Origin Rules for Marking and Government Procurement Purposes – US, EU and China - Speakers: Stuart Seidel (Washington, DC),
Holly Files (Washington, DC), Jasper Helder (Amsterdam) and William Marshall
(Hong Kong)
•
Tuesday, May 20 Product-Related Environmental Restrictions and Compliance EU, Russia/CIS and Asia - Speakers: Ulrich Ellinghaus (Frankfurt), Alexander Bychkov (Moscow) and Speaker TBD
•
Tuesday, June 17 The Comprehensive Economic and Trade Agreement (CETA),
The Transatlantic Trade and Investment Partnership (TTIP) and The Trans-Pacific
Partnership (TPP) - Speakers: Paul Burns (Toronto), Diane MacDonald (Chicago)
and Fred Burke (Ho Chi Minh City)
•
Tuesday, July 22 Import and Export of Used and/or Refurbished Goods in Asia Speakers: Eugene Lim (Singapore), Chen Ying (Hong Kong), Daisuke Tatsuno
(Tokyo) and Panya Sittisakonsin (Bangkok)
CBP Rulings: Downloads and Searches
CBP Rulings: Revocations or Modifications
European Classification Regulations
Amendments to the CN Explanatory Notes
Section 337 Actions
Antidumping, Countervailing Duty and
Safeguard Investigations, Orders & Reviews
Editor of International Trade Compliance Update
Stuart P. Seidel
Washington, D.C.
+1 202 452 7088
stuart.seidel@bakermckenzie.com
This may qualify as “Attorney Advertising”
requiring notice in some jurisdictions. Prior
results do not guarantee a similar outcome.
All webinars will begin at 11:00 AM EST (US) and are scheduled to run approximately 90 minutes. Login details will be sent about one week before each webinar. If you reside in a different time zone and wish to verify your time - please
click on the following link: www.timeanddate.com.
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We hope you will participate in and enjoy this webinar series! If you have any
questions regarding this webinar series, please contact: Sal Gonzalez, Marketing
Coordinator, Tel: +1 202 835 1661
MCLE Credit
Each of the webinars in the series will have the following CLE credits available: 1.5 general CLE credit for
California, Illinois, New York, and Texas. Baker & McKenzie LLP is a California and Illinois CLE approved
provider. Baker & McKenzie LLP has been certified by the New York State CLE Board as an accredited provider in the state of New York for the period 12/12/09-12/11/12 (12/12/12- 12/11/15 renewal pending). Baker
& McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee on MCLE. This
non-transitional program is not appropriate for newly admitted New York attorneys.
CES, CCS Credit
These courses have been approved for CES and CCS credit by the National Customs Brokers & Forwarders
Association of America, Inc.
You’re invited! 2014 ICPA Conference
The Spring 2014 Conference of the International Compliance Professionals Association (ICPA) will be held in Orlando, Florida (Disney Coronado Springs Resort,
Lake Buena Vista, Florida). See the ICPA website for the Agenda. There will be
import, export and general track sessions. Registration and opening reception
will be on Sunday, March 23. Substantive sessions are on Monday, March 24
through Wednesday, March 26 with post-conference workshops on Thursday,
March 27. Terrie Gleason of Baker & McKenzie’s Washington, D.C. office and
Adriana Ibarra from the Baker & McKenzie Mexico City office will be speaking.
The cost is $695 for Members/$825 for Non-members. Full conference registration cost includes admission to sessions, meals during the event and conference
materials. One-day passes are also available at $300 each. For additional information, please contact Ann Lister at orlando@icpainc.org.
Cross-Border Transactions – Webinar Series
As leaders in cross-border M&A, Baker & McKenzie has a number of practical
insights on how to structure transactions that manage a patchwork of jurisdictions,
regulatory environments and business cultures. To share these insights, we have
developed a webinar series for in-house counsel, directors and CFOs focused on
opportunity and risk in such transactions. All webinars will held on the second
Tuesday of the month at 1:00 pm (ET), 10:00 am (PT). The series kicks off with:
January 14th: China M&A: Seizing Opportunities Today
China remains the world’s most rapidly growing market and cross-border M&A
involving China is expected to increase in 2014. During our second webinar in
Baker & McKenzie’s series, we will identify best practices to anticipate and overcome challenges in cross-border transactions involving China in order to help
maximize today’s opportunities. By focusing on goals, risks and best practices,
we will offer practical tips to plan and execute a successful acquisition in this market.
Speakers: Bing Ho, Head of U.S./China M&A, Baker & McKenzie (Chicago/
Shanghai) and Cherrie Shi, Special Counsel, Baker & McKenzie (Shanghai)
CLE & CPE Credit Available
For remaining Cross-Border Transactions webinars, please see page 92.
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International Trade Compliance January 2014
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World Trade Organization (WTO)
Round-the-clock consultations produce ‘Bali Package’
On 7 December 2013, the WTO announced that the WTO’s Bali Ministerial Conference concluded a day later than scheduled on 7 December 2013 with agreement on a package of issues designed to streamline trade, allow developing
countries more options for providing food security, boost least developed countries’ trade and help development more generally. This is the first time in its almost 20-year history that the WTO reached a fully multilateral agreement.
The WTO said that in addition to the Bali Package, ministers formally adopted a
number of more routine decisions at the end of a five-day meeting which also saw
Yemen accepted as a new member (see below).
According to the announcement, the deal on the Bali Package was struck after
intensive consultations almost round the clock from Wednesday 4 December until
the early hours of Friday 6 December, followed by overnight meetings of heads of
all delegations the following night.
The Bali Package has sometimes been described as the first major agreement
among WTO members since it was formed in 1995 under agreements from the
1986-94 Uruguay Round negotiations. The most significant for global commerce
is the trade facilitation part of the package, which is about cutting red tape and
speeding up port clearances.
Much of the rest of the package focuses on various issues related to development, including food security in developing countries and cotton and a number of
other provisions for least developed countries.
The package also includes a political commitment to reduce export subsidies in
agriculture and keep them at low levels, and to reduce obstacles to trade when
agricultural products are imported through quotas.
These are the Bali Ministerial Declaration and the ministerial decisions that were
adopted on 7 December 2013.
•
WT/MIN(13)/DEC The Bali Ministerial Declaration
The declaration refers to the following decisions adopted by ministers:
Part I — Regular Work Under The General Council
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•
TRIPS Non-violation and Situation Complaints — Ministerial Decision —
WT/MIN(13)/31 — WT/L/906
•
Work Programme on Electronic Commerce — Ministerial Decision —
WT/MIN(13)/32 — WT/L/907
•
Work Programme on Small Economies — Ministerial Decision — WT/MIN(13)/33
— WT/L/908
•
Aid for Trade — Ministerial Decision — WT/MIN(13)/34 — WT/L/909
•
Trade and Transfer of Technology — Ministerial Decision — WT/MIN(13)/35 —
WT/L/910
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Part II — Doha Development Agenda
Trade Facilitation
•
Agreement on Trade Facilitation — Ministerial Decision — WT/MIN(13)/36 —
WT/L/911
Agriculture
•
General Services — Ministerial Decision — WT/MIN(13)/37 — WT/L/912
•
Public Stockholding for Food Security Purposes — Ministerial Decision —
WT/MIN(13)/38 — WT/L/913
•
Understanding on Tariff Rate Quota Administration Provisions of Agricultural
Products, as Defined in Article 2 of the Agreement on Agriculture — Ministerial
Decision — WT/MIN(13)/39 — WT/L/914
•
Export Competition — Ministerial Declaration — WT/MIN(13)/40 — WT/L/915
Cotton
•
Cotton — Ministerial Decision — WT/MIN(13)/41 — WT/L/916
Development and LDC issues
•
Preferential Rules of Origin for Least-Developed Countries — Ministerial Decision
— WT/MIN(13)/42 — WT/L/917
•
Operationalization of the Waiver Concerning Preferential Treatment to Services
and Service Suppliers of Least-Developed Countries — Ministerial Decision —
WT/MIN(13)/43 — WT/L/918
•
Duty-Free and Quota-Free Market Access for Least-Developed Countries — Ministerial Decision — WT/MIN(13)/44 — WT/L/919
•
Monitoring Mechanism on Special and Differential Treatment — Ministerial Decision — WT/MIN(13)/45 — WT/L/920
Yemen’s accession package approved
On 4 December 2013, the WTO announced that on the second day of the WTO
Bali Ministerial meeting, members formally approved Yemen’s accession package, welcoming Yemen as a new WTO member, once its Parliament ratifies the
accession package.
WTO Director-General Azevêdo congratulated the Yemen government for the
domestic reforms it is undertaking after 13 years to finally become a WTO member. A number of legislative and institutional reforms have been carried out to
prepare for accession and will continue in some sectors as agreed with WTO
members.
th
The Republic of Yemen will be the 35 least developed country in the WTO and
th
the 160 member. Yemen’s Industry and Trade Minister Sa’aduddin Bin Taleb
expressed his country’s gratitude and excitement at finally becoming a WTO
member.
According to a statement released by the European Commission welcoming
Yemen:
In accordance with guidelines adopted by the WTO General Council on the accession
of Least Developed Countries, WTO members have exercised restraint in seeking
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concessions and commitments. The average most-favoured-nation tariff rate applied
on industrial goods is around 20% and on agricultural goods 26% of the price. Yemen’s schedule of specific commitments in services is satisfactory considering its LDC
status. Yemen’s major trading partners are China and, to a lesser extent, the United
Arab Emirates, India, Thailand and the EU. Yemen benefits from a duty-free quotafree access to the EU market under the Generalised System of Preferences.
The Yemeni Parliament will have six months, until 2 June 2014, to ratify its accession package. It will then inform the WTO and 30 days later it will officially become a member.
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 №
DS471
DS472
DS473
Case Name
Date
United States — Certain Methodologies and their Application to AntiDumping Proceedings Involving China (Complainant: China)
Brazil alleged discriminatory tax advantages in the automotive sector; the electronics and related sectors; with regard to goods produced in Free Trade Zones, and tax advantages for Exporters (Complainant: EU) Request for consultations
Anti-dumping measures imposed by the European Union on biodiesel from Argentina (Complainant: Argentina) Request for consultations
06-12-13
19-12-13
20-12-13
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 №
DS397
DS464
Case Name
EU — Definitive anti-dumping measures
on certain iron and steel fasteners from
China
US — Anti-dumping and countervailing
measures on large residential washers
from Korea
Activity
Date
Compliance panel established
US did not agree to first
request for a panel
18-12-13
World Customs Organization (WCO)
Documents from 52nd HSC Session in September 2013 posted.
The WCO has posted the final documents produced by the 52
tem Committee session in September 2013. These are:
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nd
Harmonized Sys-
•
Amendments to the Compendium of Classification Opinions
•
Classification Rulings – HS Committee 52nd Session
•
Amendments to the Harmonized System Explanatory Notes
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Other International Matters
Transatlantic Trade and Investment Partnership (TTIP)
Third round kicks off in Washington DC
The European Commission and the Office of the US Trade Representative
(USTR) reported that a third round of EU-US trade talks kicked off in Washington
DC on Monday, December 16, 2013. The talks will help pave the way for a future
Transatlantic Trade and Investment Partnership (TTIP). An EU-commissioned
study by independent think tank CEPR suggests the deal could boost the EU
economy by up to €120bn a year.
Negotiators will again focus on a broad range of issues, including: services, government procurement, energy and raw materials, sanitary and phytosanitary barriers, intellectual property rights, labor and trade issues, textiles, small- and medium-sized enterprises, regulatory coherence, and sectoral regulatory approaches.
The talks should allow European Trade Commissioner De Gucht and USTR Amb.
Froman to take stock of progress when they next meet - currently set for February
2014.
Both sides will also start to prepare their respective offers on goods, services and
procurement. These set out in detail what each will do to:
•
cut its customs tariffs on goods imported from the other side;
•
open up its market in services to the other side’s companies;
•
enable the other side’s companies to bid for potentially lucrative government contracts in the same way as it does to domestic firms.
Stakeholder outreach - In tandem with next week’s talks, the US Trade Representative will host a meeting of labour, environmental and consumer action
groups in Washington DC on December 18, 2013. Registration for the event is
now closed.
Footage from the discussions will be available soon afterwards on the Commission’s dedicated TTIP webpage and USTR TTIP page.
International Chamber of Commerce
Certificate of Origin experts meet in Paris to strengthen trade documentation
On 10 December 2013, the International Chamber of Commerce (ICC) announced that trade experts from Chambers of Commerce in more than 30 countries met at the ICC Hearing Centre in Paris for the latest in a series of dialogues
on recent developments in Certificates of Origin (CO), including electronic certificates of origin (eCOs), the issuance of preferential certificates of origin (PCOs),
and Self-Certification. The talks help strengthen cooperation between chambers
of commerce, reinforcing the central role of trade documentation in global trade
facilitation.
For more information visit ICC WCF Certificates of Origin
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The International Trade Compliance Update is a publication of
the Global Trade and Commerce
Practice Group of Baker &
McKenzie. Articles and comments are intended to provide our
readers with information on recent legal developments and issues of significance or interest.
They should not be regarded or
relied upon as legal advice or
opinion. Baker & McKenzie advises on all aspects of International Trade law.
Comments on this Update may
be sent to the Editor:
Stuart P. Seidel
Washington, D.C.
+1 202 452 7088
CITES
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:
Notif.
Date
2013/055 02-12-13
2013/056 06-12-13
2013/057 11-12-13
2013/058 11-12-13
2013/059 18-12-13
2013/060 18-12-13
2013/061 19-1213
2013/062 20-12-13
A note on spelling, grammar
and dates-In keeping with the global nature
of Baker & McKenzie, the original
spelling, grammar and date formatting of non-USA English language material has been preserved from the original source
whether or not the material appears in quotes.
Credits:
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be
accessed by clicking on the blue
hypertext links.
2013/063 20-12-13
2013/064 27-12-13
Title
Elephant ivory stocks: marking, inventories and security
Information to be submitted for the 21st meeting of the Plants
Committee and 27th meeting of the Animals Committee
Registration of operations that breed Appendix-I animal species in
captivity for commercial purposes - Annex: Malaysia
Translation of the CITES e-permitting toolkit
Pangolins (Manis spp.)
Tibetan antelope (Pantholops hodgsonii)
Registration of operations that breed Appendix-I animal species in
captivity for commercial purposes- Annex: United States of America
Tortoises and freshwater turtles (Testudines spp.)
Twenty-seventh meeting of the Animals Committee
- Annex 1: Registration form
- Annex 2: Procedure for the admission of observers from organizations and the private sector to meetings of the Animals Committee
- Annex 3: Invitation request for organizations and the private sector
- Annex 4: Hotel information
Twenty-first meeting of the Plants Committee
- Annex 1: Registration form
- Annex 2: Procedure for the admission of observers from organizations and the private sector to meetings of the Plants Committee
- Annex 3: Invitation request for organizations and the private sector
- Annex 4: Hotel information
The Americas - Central America
Nicaragua
Nicaraguan Classification Resolutions (Customs Rulings)
The Dirección General de Servicios Aduaneros (Nicaraguan Customs Service)
has made the full text of tariff classification resolutions issued from 2004 to the
present available on its website. The tariff classification resolutions are based on
the common Central American tariff known as Sistema Arancelario Centroamericano.
Panama
Official Gazette
The following documents of interest to international traders (other than food safety standards) were published in the Gaceta Oficial – Digital (Official Gazette –
Digital) during the period of coverage:
Publication
Title
Date
04-12-13 Food Safety Authority: Res. № 006 (6 Nov. 2013) Approving Peru’s eligibil7
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Publication
Date
06-12-13
Title
ity to export bovine milk products (sterile milk concentrate and concentrated sweet milk) to Panama
National Customs Authority (NCA): Resolution № 396 (8 Nov. 2013)
License to Las Delicias Duty Free № 2 SA, to perform the operations of a
liquor store and other non- nationalized goods.
Food Safety Standards
The following food safety standards (AUPSA-DINAN Decisions) were published
by the Food Safety Authority in the Gaceta Oficial – Digital (Official Gazette –
Digital) during the period of coverage. [Repealed documents are not shown; unless otherwise specified, food is for human consumption; dates are dd/mm/yy]:
Publication
Date
AUPSA-DINAN №
and Date
057-2013, 22-08-13
060-2013, 08-08-13
03-12-13
071-2013, 30-09-13
073-2013, 22-10-13
076-2013, 24-10-13
13-12-13 078-2013 06-11-13
Food and Origin
Phytosanitary requirements for Celery (Apium Graveolens) fresh or chilled from Canada
Repeal AUPSA-DINAN 008-2012, and establishing
import health requirements for flour, and meat or
debris “pellets”, greaves, flour, and fish or crustaceans, molluscs or other aquatic invertebrates “pellets”; and other preparations for animal consumption.
Import health requirements for preparations of meat
from sheep for human consumption, under process
of inactivation of important infectious agents
Phytosanitary requirements for the import of wheat ,
genera and species: hard wheat (triticum durum l.)
and / or wheat , soft or pan (triticum aestivum) dried
beans for human consumption and / or transformation originating in the USA
Phytosanitary requirements for importing tomatillos
(Physalis Ixocarpa ) fresh for consumption and / or
processing , originating in Guatemala
Amending Resolution AUPSA-DINAN-122-2008,
regarding plant protection requirements for the importation of bulbs onion (allium cepa) fresh or chilled
for human consumption, originating in Spain.
The Americas - North America
Canada
Canada amends North Korean sanctions
On December 18, 2013, the Canada Gazette published Regulations Amending
Certain Regulations Imposing Sanctions on the Democratic People’s Republic of
Korea (SOR/2013-219, Nov. 29, 2013) (the latest sanction regulations) pursuant
to subsections 4(1) to (3) of the Special Economic Measures Act; and section 2 of
the United Nations Act.
The latest sanction regulations are necessary (a) for Canada to fulfill its international legal obligation to implement the decisions of the UN Security Council in
Resolution 2094 (2013); (b) to give effect to a recommendation of the Standing
Joint Committee for the Scrutiny of Regulations; and (c) to eliminate duplication of
prohibitions between the Special Economic Measures (Democratic People’s Republic of Korea) Regulations and the Regulations Implementing the United Nations Resolutions on the Democratic Republic of Korea.
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The latest sanction regulations will amend the Regulations Implementing the
United Nations Resolutions on the Democratic People’s Republic of North Korea
(DPRK) as follows: (a) amend the definitions of “DPRK” and “luxury goods”; (b)
prohibit transfers of bulk cash (any amount of currency whose total value is greater than $10,000 in Canadian currency); (c) prohibit the provision of financial services to, from, for the benefit of, or on the direction or order of the DPRK or any
person in the DPRK with respect to activities already prohibited under the Regulations; and (d) further elaborate on the prohibition on the provision of services or
assistance in relation to arms and related material or resources contributing to the
DPRK’s weapons program, namely, to explicitly include brokering or other intermediary services in the class of prohibited services or assistance. Moreover, the
addition of section 6.3 to subsection 15.1(1) of the Regulations Implementing the
United Nations Resolutions on the Democratic People’s Republic of Korea
(DPRK) is intended to give effect to a change of a technical nature recommended
by the Standing Joint Committee for the Scrutiny of Regulations.
The Security Council resolutions relevant to the Regulations are available at the
UN SC’s 1718 Committee website. This link provides information concerning the
work of the 1718 Committee, which oversees the relevant sanctions measures,
including listings.
The Regulations Amending Certain Regulations Imposing Sanctions on the Democratic People’s Republic of Korea will exempt all activities already prohibited by
the Regulations Implementing the United Nations Resolutions on the Democratic
Republic of Korea (DPRK) from the scope of the Special Economic Measures
(Democratic People’s Republic of Korea) Regulations.
Origin and verification regulations for CEFTA, CPTA, and CCOFTA
published
On December 18, 2013, the Canada Gazette published a series of regulations
required to implement certain provisions of its free trade agreements. According
to the Regulatory Impact Analysis Statement which accompanied the regulatory
packages, in order for the Canada Border Services Agency (CBSA) to administer
the customs procedures included in the Canada- European Free Trade Association Free Trade Agreement (CEFTA), the Canada-Peru Free Trade Agreement
(CPFTA), and the Canada-Colombia Free Trade Agreement (CCOFTA), minor
technical amendments must be made to the Exporters’ and Producers’ Records
Regulations, the Free Trade Agreement Advance Rulings Regulations, the Certification of Origin of Goods Exported to a Free Trade Partner Regulations, the Tariff Item Nos. 9971.00.00 and 9992.00.00 Accounting Regulations, the Refund of
Duties Regulations, and the Determination, Re-determination and Further Redetermination of Origin, Tariff Classification and Value for Duty Regulations.
As part of the negotiations for each for each free trade agreement (FTA), Canada
and the EFTA member states, Canada and Peru, and Canada and Colombia,
agreed to procedures governing the verification of origin of goods claiming preferential treatment under the CEFTA, the CPFTA, and the CCOFTA, respectively.
New regulations are therefore necessary in order to codify into Canadian law the
verification of origin procedures agreed to by Canada in each of these FTAs. The
new regulations described below were publicly announced by the CBSA in Customs Notices posted on June 29, 2009 (CN09-014 describing the CEFTA), July
30, 2009 (CN09-018 describing the CPFTA), and August 10, 2011 (CN11-013
describing the CCOFTA). Paragraph 167.1(b) of the Customs Act allows regulatory changes that have previously been the subject of a public announcement to
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have a retroactive effect; since the implementation dates of the CEFTA, the
CPFTA, and the CCOFTA, respectively, the CBSA has therefore been administering these regulations as though the amendments announced in these Customs
Notices were already enacted.
The amendments described below simply finalize the process begun with the
public announcements contained in the Customs Notices, formalizing processes
that are already being administered. The amendments and new regulations described above will officially incorporate these FTAs into Canada’s existing regulatory regime. For a detailed discussion of all the amendments, please refer to the
Regulatory Impact Analysis Statement which begins on page 2867. The Regulations published on December 18, 2013 are as follows:
•
CEFTA Verification of Origin of Exported Goods Regulations (SOR/2013-214,
Nov. 29, 2013)
•
CEFTA Verification of Origin of Imported Goods Regulations (SOR/2013-215,
Nov. 29, 2013)
•
CPFTA Verification of Origin Regulations (SOR/2013-216, Nov. 29, 2013)
•
CCOFTA Verification of Origin Regulations (SOR/2013-217, Nov. 29, 2013)
•
Regulations Amending the Proof of Origin of Imported Goods Regulations
(SOR/2013-218, Nov. 29, 2013)
South Sudan granted MFN, GPT and LDCT status
On December 18, 2013, the Canada Gazette published amendments to the Canada Customs Tariff schedules which officially extends Most Favoured Nation
(MFN), General Preferential Tariff (GPT), and Least Developed Country Tariff
(LDCT) treatment to South Sudan, which became an independent country as a
result of a referendum on self-determination that was held in January 2011.
On December 23, 2012, South Sudan was declared a least developed country by
the United Nations (UN). It is general Canadian practice to extend Least Developed Country Tariff (LDCT) treatment under the Customs Tariff to countries on
the UN list of least developed countries.
The LDCT offers duty-free access on the importation into Canada of all products
(with the exception of certain supply-managed agricultural goods), under the Customs Tariff. In order to be eligible for LDCT treatment, South Sudan must first be
granted Most-Favoured-Nation Tariff (MFN) and General Preferential Tariff (GPT)
treatments.
South Sudan already benefits from MFN, GPT, and LDCT tariff preferences as a
former part of Sudan. However, now that it has been recognized as independent
of Sudan and was declared a least developed country by the UN, it is necessary
to officially extend these tariff treatments.
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•
Schedule to the Customs Tariff (Extension of Most-Favoured-Nation Tariff to
South Sudan) (SOR/2013-228, Dec. 6, 2013)
•
Order Amending the Schedule to the Customs Tariff (Extension of General Preferential Tariff to South Sudan) (SOR/2013-229, Dec. 6, 2013)
•
Order Amending the Schedule to the Customs Tariff (Extension of Least Developed Country Tariff to South Sudan) (SOR/2013-230, Dec. 6, 2013)
Baker & McKenzie
Combating Counterfeit Products Act, promises greater intellectual
property protection for Canadian brand owners
Bill C-8, also known the Combating Counterfeit Products Act (CCPA), was reintroduced in the House of Commons on October 28, 2013, after its predecessor
legislation, Bill C-56, died on paper when Parliament was prorogued in September. Bill C-8 has passed its second reading (in principle) and has recently been
referred to the Standing Committee on Industry, Science, and Technology.
First, the Bill allows owners of copyright and/or trademark rights to work directly
with border officials to stop pirated works or counterfeit goods before they enter
the Canadian marketplace. Secondly, unrelated to the counterfeit trade, the Bill
expands the scope of what can be registered as a trademark, creating the possibility of registering unusual brand elements such as colors or scents. We elaborate on these two developments and their potential benefits for brand owners in
our client alert here, written by Christopher Aide and Alexandra Lewis, Baker &
McKenzie, Toronto.
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
Date
12-04-13
12-07-13
12-14-13
12-18-13
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Title
Public safety and Emergency Preparedness: Regulations Amending the
Firearms Marking Regulations (SPR/2013-203, Nov. 22, 2013) pursuant
to the Firearms Act (R)
Environment: Publication after screening assessment of a living organism — Pseudomonas fluorescens (P. fluorescens) strain ATCC 13525 —
specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N)
Environment: Publication after screening assessment of living organisms
— Nitrococcus sp. 16972-7 and Nitrosococcus sp. 16971-6 — specified
on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) (N)
Environment: Publication of final decision after screening assessment of
living organisms — Nitrobacter winogradskyi ATCC 25391, Nitrobacter
species 18132-6, Nitrobacter species 16969-4, Nitrosomonas europaea
ATCC 25978, Nitrosomonas species 16968-3, Nitrosomonas species
18133-7, Rhodopseudomonas palustris ATCC 17001, Rhodopseudomonas species 18136-1 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999) (N)
Transport: Proposed Motor Vehicle Safety Act Regulations Amending the
Motor Vehicle Safety Regulations (Interpretation and Standards 108 and
131) pursuant to the Motor Vehicle Safety Act (PR)
Environment: Order 2013-87-10-02 Amending the Non-domestic
Substances List pursuant to the Canadian Environmental Protection
Act, 1999 (N)
Industry: Proposed Regulations Amending the Weights and Measures
Regulations (Administrative Monetary Penalties) pursuant to the Weights
and Measures Act (PR)
Public Safety and Emergency Preparedness: CCOFTA Verification of
Origin Regulations (SOR/2013-217, Nov. 29, 2013) pursuant to the Customs Act
Public Safety and Emergency Preparedness: CEFTA Verification of
Origin of Exported Goods Regulations (SOR/2013-214, Nov. 29, 2013)
pursuant to the Customs Act
Baker & McKenzie
Publication
Date
12-21-13
Title
Public Safety and Emergency Preparedness: CEFTA Verification of
Origin of Imported Goods Regulations (SOR/2013-215, Nov. 29, 2013)
pursuant to the Customs Act
Public Safety and Emergency Preparedness: Regulations Amending
Certain Regulations Made Under the Customs Act (CEFTA, CPFTA and
CCOFTA) (SOR/2013-213, Nov. 29, 2013) pursuant to the Customs Act
Public Safety and Emergency Preparedness: CPFTA Verification of
Origin Regulations (SOR/2013-216, Nov. 29, 2013) pursuant to the Customs Act
Environment: — Order 2013-87-10-01 Amending Domestic Substances
List (SOR/2013-222, Dec. 12, 2013) pursuant to the Canadian Environmental Protection Act, 1999
Environment: — Order 2013-112-10-01 Amending Domestic Substances
List (SOR/2013-223, Dec. 12, 2013) pursuant to the Canadian Environmental Protection Act, 1999
Natural Resources: Explosives Regulations, 2013 (SOR/2013-211, Nov.
27, 2013) pursuant to the Explosives Act
International Trade: Regulations Amending the Export Development
Canada Exercise of Certain Powers Regulations (SOR/2013-227, Dec.
6, 2013) pursuant to the Export Development Act
Transport: Regulations Amending the Motor Vehicle Safety Regulations
(Standards 121, 206, 223 and 301.2) (SOR/2013-220, Nov. 29, 2013)
pursuant to the Motor Vehicle Safety Act
Public Safety and Emergency Preparedness/Finance: Regulations
Amending the Proof of Origin of Imported Goods Regulations
(SOR/2013-218, Nov. 29, 2013) pursuant to the Customs Act
Finance: Order Amending the Schedule to the Customs Tariff (Extension
of General Preferential Tariff to South Sudan) (SOR/2013-229, Dec. 6,
2013) pursuant to the Customs Tariff
Finance: Order Amending the Schedule to the Customs Tariff (Extension
of Least Developed Country Tariff to South Sudan) (SOR/2013-230, Dec.
6, 2013) pursuant to the Customs Tariff
Finance: Schedule to the Customs Tariff (Extension of Most-FavouredNation Tariff to South Sudan) (SOR/2013-228, Dec. 6, 2013) pursuant to
the Customs Tariff
Environment: Ministerial Condition No. 15543a (Variation to Ministerial
Condition No. 15543) pursuant to (Subsection 84(3) of the Canadian
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
Date
Title
Foreign Affairs: Regulations Amending Certain Regulations Imposing
Sanctions on the Democratic People’s Republic of Korea (SOR/2013-219,
12-18-13
Nov. 29, 2013) pursuant to the Special Economic Measures Act and the
United Nations Act
CBSA advance rulings
No recent advance rulings were posted by the Canada Border Services Agency
(CBSA).
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D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Customs Notices (CNs) and other publications issued, revised or cancelled during the
past month. (Dates are given in yyyy/mm/dd format.)
Date
Reference
12-06-13
CN13-022
Cancelled CN13-023
12-31-13
CN13-024
Action
Title
Revised
Form
Proposed Regulatory Amendments to the Customs
Sufferance Warehouses Regulations – Annual Licence Fee Removal
Release of Canadian Automated Export Declaration
(CAED) Version 20
Electronic Export Reporting of Controlled Goods
Process
Antidumping and countervailing duty cases
See separate Antidumping Countervailing Duty and Safeguards Investigations, Orders & Reviews section below.
Mexico
Government procurement thresholds
On December 31, 2013, the Diario Oficial de la Federación (Official Federal Gazette) published a Circular issued by the Secretary of Public Functions to the
Federal Government and the Attorney General updating procurement contract
thresholds for 2014 and 2015 (in U.S. dollars) for contracts subject to Free Trade
Agreements. The tables also convert the thresholds into national currency for the
first half of 2014. The thresholds are set forth below:
Procurement Threshold Amount In U.S. Dollars By Treaty
Units of the Federal Public Administration Listed in Government Procurement Chapters or
Titles
Type of Procurement
→
Free Trade Agreement Coverage ↓
NAFTA (Chap. X),
Mexico - Israel FTA
(Chap. VI)
Mexico – EFTA FTA
(Chap. V)
EU-Mexico EPA
(Title III)
Mexico-Japan EPA
(Chap.11)
Mexico- Chile FTA
(Chap. 15a)
Procurement
contracts,
leases of movable goods and
services, including those
related to public works
$ 79,507
Public Works
Contracts
$ 10,335,931
Parastatal Entities Listed in
Government Procurement
Chapters or Titles
Procurement
contracts,
leases of
movable
goods and
services, including those
related to public works
$ 397,535
Public Works
Contracts
$ 12,721,740
Threshold Amount In National Currency (MN)
Same as above FTAs
13
$ 1’049,818 $ 136’476,667
$ 5’249, 092
$ 167’979,127
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Decree amends Customs Law
On December 9, 2013, the Diario Oficial published the Decree amending, supplementing and repealing various provisions of the Customs Act (the Reform).
According to the preamble of the amendments, the purpose of the Reform is to
provide mechanisms to improve the procedures to facilitate international trade,
with better control at the entrance and exit of goods into and from national territory.
Additionally, the purpose of the Reform is to promote the innovation and modernization of customs operations, through: infrastructure investments; updating and
incorporating best practices and processes in customs matters. Practices like the
use of non-intrusive technologies for customs clearance, allowing individuals to
perform directly the importation and exportation of goods, and authorizing the establishment of strategic bonded warehouses outside the limits previously permitted, are now included. These and other changes (approved by the Congress at
the end of October and approved by the President in December) are intended to
promote transparency and to simplify procedures related to foreign trade operations.
The reforms include:
•
Flexibility on location of Customs clearance
•
Direct clearance by companies and individuals
•
Increased requirements for carriers
•
Strategic bonded warehouses
•
Prevalidation of electronic import or export data
•
Electronic data transmission without paper documents
•
Electronic notifications
•
Customs clearance, risk analysis and non-intrusive inspection.
•
Increased rights:
o
to establish the possibility of rectifying pedimentos before and after customs
clearance;
o
allowing the change of customs regime for foreign goods without prior authorization;
o
allowing the regularization of temporarily imported goods; as well as
o
granting a discount for paying fines to be imposed for non-compliance with
formal obligations, other than payment of duties and taxes.
•
Customs broker reforms
•
Cooperation with Customs Authorities in other Countries
•
Other reforms.
Hacienda issues amendment to Foreign Trade Rules
On December 9, 2013, the Ministry of Finance and Public Credit (Hacienda) published in the Diario Oficial the Third Resolution amending the General Rules on
Foreign Trade for 2013 and its annexes 1, 14 and 19.
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On December 13, 2013 the Ministry of Finance and Public Credit (Hacienda) published in the Diario Oficial the Fourth Resolution Amending the General Rules on
Foreign Trade for 2013 and Annex 21.
On December 30, 2013 the Ministry of Finance and Public Credit (Hacienda) published in the Diario Oficial the Fifth Resolution of Amendments to the General
Rules on Foreign Trade for 2013 and Annex 27.
Foreign Trade Rules amended to better monitor steel imports
On December 5, 2013, the Secretariat of Economy (SE) published in the Diario
Oficial the Acuerdo (agreement) amending the rules and criteria of a general
character in Foreign Trade which amends the December 31, 2012 rules to better
prevent the illicit importation or exportation, distribution and marketing of covered
steel products, primarily because of misclassification and undervaluation, by obtaining and monitoring more accurate statistics. The revised rules permit the
(transparent) import license to be suspended or an automatic notice to be issued
when certain acts occur, including when goods are used for a purpose other than
that stated on the import permit, misidentification of the address of the recipient
plant or facility, when conditions are not as stated in the application for the permit,
etc. The permit holder will be given 10 days to provide written evidence of compliance. SE will have three months to adjudicate the matter invalidating or confirming the suspension. The Acuerdo is effective ten days after publication, except
for Rule 2.2.20 which is effective ten days later.
See also the Client Alert prepared by our Mexican International Trade and Customs Practice entitled, Ministry of Economy establishes “Automatic Notice of Importation” for goods of the steel industry.
Diario Oficial
The following documents of interest to international traders were published in the
Diario Oficial de la Federación: Note: With regard to standards, only those which
appear to apply to international trade are listed. (An unofficial English translation
is shown. Dates are dd-mm-yy)
Publication
Date
03-12-13
04-12-13
05-11-13
06-12-13
09-12-13
11-12-13
15
Title
Foreign Affairs: Decree promulgating the Agreement between the United Mexican States and the Republic of Chile on Protection and Restoration of Cultural
Property, signed in Mexico City on 8 July 2011
General Board of Health: Sixth and Seventh Updates 2012 Edition Table of
Drugs Basic and Books.
Economy: Acuerdo amending the rules and criteria of a general character in
Foreign Trade.
Energy: Resolution amending paragraph 5.1 of the Official Mexican Standard
NOM-028 is amended-ENER-2010, Energy efficiency of luminaires for general
use. Limits and test methods, published on 6 December 2010.
Hacienda: Third Resolution Amendments to General Rules on Foreign Trade for
2013 and its annexes 1, 14 and 19.
Decree amending, supplementing and repealing various provisions of the Customs Act.
Acuerdo on the Mexican Section of the Secretariat of Trade Agreements declared as period of recess, the period from December 20, 2013 to January 6,
2014, resuming work on 7 January 2014.
Decree amending, supplementing or repealing certain provisions of the Law on
Tax Value Added, of the Law on Special Tax on Production and Services, of the
Federal Law of Rights, issued the Law on Income Tax, and Law Business Flat
Baker & McKenzie
Publication
Date
13-12-13
19-12-13
26-12-13
30-12-13
31-12-13
Title
Tax and the Law are abrogated Tax on Cash Deposits (Part 1); (Part 2)
Hacienda: Fourth Resolution Amending the General Rules on Foreign Trade for
2013 and Annex 21
Economy: Decree amending the Tariff Law of General Imports and Exports
Economy: Acuerdo amending the Acuerdo in which the Secretary of the Economy issues rules and criteria of character General in Foreign Trade
Economy: Notice on the duration of antidumping duties
Hacienda: Decree granting tax incentives to manufacturing, maquiladora and
export services
Economy: Decree amending the Tariff Law General Taxes of Import and Export
Economy: Decree amending and extending the life of the decree which sets the
import tax for the border region and the northern border
Economy: Acuerdo amending the acuerdo which sets forth the TRQ to import
duty free milk powder originating in a number of WTO member countries
Economy: Acuerdo establishing export and import quotas of non--originating
textile and apparel goods eligible for NAFTA preferential treatment
Economy: Acuerdo amending the acuerdo which sets forth the annual import
TRQ for preparations of milk products containing more than 50% milk solids by
weight, other than those in item 1901.90.04 of the tariff
Hacienda: Fifth Resolution of Amendments to the General Rules on Foreign
Trade for 2013 and Annex 27
Economy: Acuerdo amending the Acuerdo by which the Secretary of the Economy issues rules and criteria of a general character in foreign trade
Public Function: Circular advising agencies of the Federal Government, and the
Attorney General of the Republic, public contracts subject to the coverage of
FTAs, updating thresholds for 2014 and 2015, and their conversion into local
currency for the first half of 2014.
United States
[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW : N=NOTICE, FR=FINAL
RULE, PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE,
TR=TEMPORARY RULE, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING;
E=EXTENSION OF TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD. PLEASE NOTE: MEETINGS
WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT LISTED.]
Presidential documents
During the past month, President Obama signed the following documents relating
to international trade, national emergencies, sanctions, embargoes, or blocking
orders:
Date
12-18-13
12-24-13
12-31-13
16
Subject
Presidential Determination No. 2014–03 of November 29, 2013 - Presidential
Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012 [oil from Iran]
Presidential Determination No. 2014–05 of December 16, 2013 - Eligibility of the
Gulf Cooperation Council To Receive Defense Articles and Defense Services
Under the Foreign Assistance Act of 1961 and the Arms Export Control Act
Proclamation 9072 of December 23, 2013 - To Take Certain Actions Under the
African Growth and Opportunity Act and for Other Purposes
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Presidential Proclamation modifies HTS
On December 31, 2013, the Federal Register published Presidential Proclamation
9072 - To Take Certain Actions Under the African Growth and Opportunity Act
and for Other Purposes. The Proclamation modifies the Harmonized Tariff
Schedule of the United States (HTS) to:
•
Restore Mali’s beneficiary status as a beneficiary sub-Saharan African country
under AGOA (GN16(a))
•
Extend the Israel agricultural products duty-free quotas through December 2014
(Annex I)
•
Modify the US-Korea FTA rules of origin (GN 33) to meet the 2012 HTSUS
changes (Annex II)
•
Designate Curaçao as beneficiary under Caribbean Basin Economic Recovery
Act (CBERA) and Caribbean Basin Trade Partnership Act (CBTPA) (eligibility to
be determined by USTR)
•
Modify the HTS due to expiration of Andean Trade Preference Act (Annex III)
•
Correct error in US-Chile FTA treatment (Annex IV)
New budget passed – extends Customs user fees
On December 18, 2013, the US Senate passed the Bipartisan Budget Act of 2013
(H.J.Res.59), and sent it on to President Barack Obama for his signature. The
House of Representatives had passed it earlier. Section 701 of the Act extends
the Customs user fees set out in Section 13031(j)(3) of the Consolidated Omnibus 19 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3))until September 30,
2023. Previously the fees were set to expire on October 22, 2021 and October
29, 2021.
State imposes additional sanctions on Syria
On December 10, 2013, the Bureau of International Security and Nonproliferation,
Department of State published in the Federal Register a notice [Public Notice
8545] regarding the imposition of additional sanctions on Syria under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991.
On August 2, 2013, a determination was made that the Government of Syria used
chemical weapons in violation of international law or lethal chemical weapons
against its own nationals. Notice of this determination was published on September 10, 2013, in the Federal Register, under Public Notice 8460. That determination resulted in sanctions against the Government of Syria. Section 307(b) of the
Chemical and Biological Weapons Control and Warfare Elimination Act of 1991,
22 U.S.C. 5604(a) and 5605(a), requires a decision within three months of the
August 2, 2013 determination regarding the imposition of additional sanctions.
The United States Government decided on November 1, 2013, to impose such
additional sanctions on the Government of Syria. In addition, the United States
Government determined that it is essential to the national security interests of the
United States to partially waive the application of these additional sanctions with
respect to activities in furtherance of United States policies regarding the Syrian
conflict.
The following additional sanctions are imposed pursuant to Section 307(b)(2) of
the Act (22 U.S.C. 5605(b)), subject to the waiver described above.
1. Bank Loans - The United States Government shall prohibit any United States bank
from making any loan or providing any credit to the Government of Syria, except for
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loans or credits for the purpose of purchasing food or other agricultural commodities or
products.
2. Further Export Restrictions - The authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit exports to Syria of all other goods and technology (excluding food and other agricultural commodities and products).
3. Presidential Action Regarding Aviation – The Executive Branch is authorized to notify the Government of Syria of its intention to suspend the authority of foreign air carriers owned or controlled by Syria to engage in foreign air transportation to or from the
United States.
The application of these additional sanctions is partially waived with respect to
activities in furtherance of United States policies regarding the Syrian conflict. Determinations as to whether activities are in furtherance of U.S. policies regarding
the Syrian conflict will be made on a case-by-case basis with the involvement of
the Department of State, using existing interagency procedures to the maximum
extent possible. These measures shall be implemented by the responsible departments and agencies of the United States Government and will remain in place
for at least one year or until further notice.
USTR announces signings at US-China JCCT
On December 20, 2013, the US Trade Representative announced that a number
of Government to Government and commercial agreements were signed at the
th
24 US – China Joint Commission on Commerce and Trade (JCCT) meeting in
Beijing December 19-20, 2013. See the Fact Sheet on USTR’s website for summaries of the agreements. The Government to Government agreements include:
•
Memorandum of Understanding (MOU) on Establishing a U.S.-China Commercial
Match-Making Program (CMP) Update between the U.S. and Foreign Commercial
Service of the U.S. Department of Commerce and the China Council for the Promotion of International Trade (CCPIT)
•
Memorandum of Understanding between the U.S. Trade and Development Agency (USTDA) and China’s Ministry of Commerce in Support of Intellectual Property
Rights Training
•
Memorandum of Understanding between the U.S. Trade and Development Agency (USTDA) and China’s National Energy Administration (NEA) in Support of
U.S.-China Energy Cooperation Program (ECP)
•
Work Plan on the Foreign Direct Investment Statistics for United States – China
Statistics Working Group
In addition, USTR announced that outcomes were achieved in the following areas
(See the announcement for summaries):
•
Government Procurement
•
Intellectual Property Rights and Localization of IPR and Technology
•
o
Trade Secret Protection and Enforcement
o
Data Disclosure Requirements for Pharmaceutical Patents
o
Legitimate Sales
o
Official Use Vehicles
o
Procedural Improvements to Enhance Civil IP Enforcement
o
Graphical User Interfaces
Regulatory Obstacles
o
18
ZUC Encryption Algorithm
Baker & McKenzie
o
CCC Mark Testing and Certification
•
Market Access for U.S. Beef
•
Travel and Tourism Memorandum of Understanding
Cooperative Activities
•
U.S.-China IP Cooperation and Technical Assistance
•
Administrative Licensing
•
U.S.-China Legal Exchange
•
Enforcement Against Counterfeit Semiconductors
•
Trademark – Bad Faith Trademark Registrations
USTR seeks comments on telecoms trade agreements
On December 6, 2013, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of request for public comment and reply
comment on the operation, effectiveness, and implementation of, and compliance
with telecommunications trade agreements.
Pursuant to section 1377 of the Omnibus Trade and Competitiveness Act of 1988
(19 U.S.C. 3106) (§ 1377), USTR is reviewing and requests comments on the
operation, effectiveness, and implementation of, and compliance with the following agreements regarding telecommunications products and services of the United States: The WTO General Agreement on Trade in Services; the North American Free Trade Agreement (NAFTA); U.S. free trade agreements (FTAs) with
Australia, Bahrain, Chile, Colombia, Korea, Morocco, Oman, Panama, Peru, and
Singapore; the Dominican Republic–Central America–United States Free Trade
Agreement (CAFTA–DR); and any other telecommunications trade agreements,
such as Mutual Recognition Agreements (MRAs) for Conformity Assessment of
Telecommunications Equipment. Comments are due on January 3, 2014 and reply comments on January 24, 2014. The USTR will conclude the review by March
31, 2014.
USTR determines trade surplus in certain sugar and syrup goods
On December 5, 2013, USTR published in the Federal Register a document
providing notice of its determination, in accordance with relevant provisions of the
Harmonized Tariff Schedule of the United States (HTS), of the trade surplus in
certain sugar and syrup goods and sugar-containing products of Chile, Morocco,
Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Peru, Colombia, and Panama.
As described in the notice, the level of a country’s trade surplus in these goods
relates to the quantity of sugar and syrup goods and sugar containing products for
which the United States grants preferential tariff treatment under
19
•
the United States- Chile Free Trade Agreement (Chile FTA);
•
the United States-Morocco Free Trade Agreement (Morocco FTA);
•
the Dominican Republic-Central America-United States Free Trade Agreement
(CAFTA–DR);
•
the United States-Peru Trade Promotion Agreement (Peru TPA);
•
the United States- Colombia Trade Promotion Agreement (Colombia TPA); and
•
the United States-Panama Trade Promotion Agreement (Panama TPA).
Baker & McKenzie
USTR extends Section 301 investigation of Ukraine
On December 2, 2013, USTR published in the Federal Register a notice [Docket
No. USTR–2013–0023] indicating that USTR has determined to extend for three
months the ongoing Section 301 investigation of certain acts, policies, and practices of the Government of Ukraine with respect to intellectual property rights.
On May 30, 2013, USTR initiated a Section 301 investigation of certain acts, policies, and practices of the Government of Ukraine with respect to intellectual property rights. See Identification of Ukraine as a Priority Foreign Country and Initiation of Section 301 Investigation, 78 Fed. Reg. 33886 (June 5, 2013).
ITC issues annual report on breaches of APOs
On December 30, 2013, the US International Trade Commission (ITC or Commission) published in the Federal Register a summary of Commission practice
relating to administrative protective orders. Since February 1991, the ITC has
issued an annual report on the status of its practice with respect to violations of its
administrative protective orders (APOs) under title VII of the Tariff Act of 1930, in
response to a direction contained in the Conference Report to the Customs and
Trade Act of 1990. Over time, the ITC has added to its report discussions of APO
breaches in ITC proceedings other than under title VII and violations of the ITC’s
rules including the rule on bracketing business proprietary information (BPI)(the
“24-hour rule”), 19 C.F.R. 207.3(c).
This notice provides a summary of breach investigations completed during calendar year 2012. This summary addresses two proceedings under section 337 of
the Tariff Act of 1930. There were no breach investigations in title VII proceedings
or rules violation investigations completed in 2012. The ITC intends that this report inform representatives of parties to ITC proceedings as to some specific
types of APO breaches encountered by the ITC and the corresponding types of
actions the ITC has taken.
ITC investigations
The ITC initiated (I), terminated (T), requested information or comments (RFC),
issued a report (R), or scheduled a hearing (H) regarding the following investigations (other than 337 and antidumping, countervailing duty or safeguards) this
month: (Click on the investigation title to obtain details from the Federal Register
notice or ITC Press Release)
Investigation. No. and title
Inv. No. TA-103-027 Probable Economic Effect of Certain Modifications
to the North American Free Trade Agreement Rules of Origin.(R)
(USITC Pub. 4438)
Inv. No. 332-543 Trade, Investment, and Industrial Policies in India:
Effects on the U.S. Economy (Submission of Questionnaire for OMB
Review)
Inv. No. 332-325 The Economic Effects of Significant U.S. Import Restraints Eighth Update. (R) (USITC Pub. 4440)
Requested by:
USTR
House W&M
Senate: Finance
USTR
Trade compliance enforcement actions - import, export, IPR, FCPA
CBP and US Immigration and Customs Enforcement (ICE) have been stepping
up enforcement of trade compliance violations, as have the other agencies that
enforce import safety, standards, export and munitions control, sanctions and
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FCPA laws. Rather than reproduce articles on these penalties, seizures and arrests, we have decided to list the links to the agency press releases which give
details. Child pornography, controlled substance and currency related seizures
and arrests will not be listed, unless connected to trade violations.
[Agencies: CBP=US Customs and Border Protection, ICE=US Immigration and Customs Enforcement,
APHIS=Animal & Plant Health Inspection Service, BIS= Bureau of Industry and Security, Office of
Export Enforcement (Commerce), DOJ=Department of Justice, ATF=Bureau of Alcohol, Tobacco,
Firearms and Explosives, DEA=Drug Enforcement Administration, FBI=Federal Bureau of Investigation, GSA= General services Administration, IRS+ Internal Revenue Service, SEC=Securities and
Exchange Commission, OFAC=Office of Foreign Assets Control (Treasury), DoD=Dep’t of Defense
components [NCIS, DCIS, CID, etc.), DDTC= State Dep’t Directorate of Defense Trade Controls,
CPSC=Consumer Product Safety Comm., USPIS=Postal Inspection Service, USMS= US Marshals
Service, FWS=Fish & Wildlife Service, NOAA=National Oceanic and Atmospheric Administration,
APHIS= Animal & Plant Health Inspection Service, USDA.]
Date of
Release
12-02-13
12-03-13
12-05-13
12-06-13
12-10-13
12-11-13
12-13-13
12-16-13
12-17-13
12-19-13
12-20-13
21
Subject
ICE, international law enforcement agencies seize 706 domain names selling
counterfeit merchandise (ICE, + 10 Foreign agencies, DOJ)
State debars LeAnne Lesmeister of Honeywell International, Inc., for ITAR
violations (DDTC
Compass Bank Settles Potential Civil Liability for an Apparent Violation of the
Sudanese Sanctions Regulations [$19,125 for alleged SSR violations] (OFAC)
New York Antiques Dealer Sentenced to 37 Months in Prison for Wildlife
Smuggling (DOJ, FWS, ICE, NY State)
NJ man pleads guilty to selling stolen South Central Asian antiquities (ICE,
DOJ)
Big Marijuana Bust Made by CBP at Pharr International Bridge (Hidden in
commercial shipment of farm equipment) (CBP)
Chinese National Sentenced to 57months’ Incarceration for Attempting to Illegally Export Aerospace-Grade Carbon Fiber - Defendant Stated The Carbon
Fiber Was Intended For A “Jet Fighter Plane” (DOJ, ICE, BIS)
British nationals plead guilty to terrorism-related charges after federal probe
(ICE, FBI, Scotland Yard, USMS, IRS, DOJ, DoD)
Treasury Department Reaches $33 Million Settlement with the Royal Bank of
Scotland plc (OFAC, Federal Reserve, NYState)
FTC Approves Final Consent Settling Charges that Marketer of Outdoor Accessories (E.K. Ekcessories, Inc) .Made False Made-in-the-USA Claims (FTC)
German Engineering Firm Bilfinger Resolves Foreign Corrupt Practices Act
Charges and Agrees to Pay $32 Million Criminal Penalty (DOJ, FBI)
9 members plead guilty in largest-ever counterfeit goods conspiracy (DOJ,
ICE, FBI)
In re: Donald Bernardo a/k/a Don Bernarndo – Order [dated Dec. 6, 2013]
Denying Export Privileges for 5 years due to AECA violations (BIS)
ICE transfers lost Nazi diary to US Holocaust Memorial Museum - Historical
document recovered after HSI investigation (ICE, DOJ)
In re: Andrew Vincent O’Donnell: Order [dated Dec. 13, 2013] denying export
privileges until 2021. (BIS)
In re: Igor Babel: Order [dated Dec. 13, 2013] denying export privileges until
2017. (BIS)
In re: Mohammed Soroush Mahalaty: Order [dated Dec. 13, 2013] denying
export privileges until 2017. (BIS)
International Arms Smuggler Sentenced to 180 Months in Prison (AECA; IEEPA) (DOJ, ICE, FBI)
Canadian Citizen Arrested for Money Laundering in Connection with Illegal
Importation and Trafficking of Narwhal Tusks (DOJ, NOAA, FWS)
FTC Sends Refund Checks Totaling nearly $6 Million to Consumers Who
Bought Dietary Supplements (FTC)
SEC Charges Archer-Daniels-Midland Company With FCPA Violations [$36
million SEC penalty] (SEC, FBI),
ADM Subsidiary Pleads Guilty to Conspiracy to Violate the Foreign Corrupt
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Date of
Release
Subject
Practices Act [$17 million fine] (DOJ, FBI, SEC)
CBP Officers Intercept More Than 24,000 Counterfeit Headphones (CBP)
12-26-13 Philadelphia CBP Intercepts First in Nation Beetle (CBP, USDA)
US Court of Appeals finds railroad not liable for $38 million penalty
for unmanifested drugs
On December 12, 2013, the U.S. Court of Appeals for the Eighth Circuit decided
Union Pacific Railroad Co. v. U.S. Department of Homeland Security, et al.(№ 122143) and held that US Customs and Border Protection (CBP) did not have the
authority to penalize the Union Pacific Railroad (UP). The penalties, totaling $38
million, had been assessed against UP because, on thirty-eight occasions between 2001 and 2006, CBP found illegal drugs secreted on trains brought to the
US border by Ferrocarril Mexicano S.A. de C.V. (Ferromex) or Kansas City
Southern de Mexico S.A. de C.V. (KCSM), both Mexican railroads. Although the
UP did not control the trains before their arrival at the US border or even during
the time CBP inspected the trains at the border, CBP imposed the penalties
against UP, not Ferromex or KCSM, under the Tariff Act of 1930, as amended, 19
U.S.C. § 1584(a)(2), apparently because UP (1) owned some of the individual
railcars in which CBP found illegal drugs and (2) forwarded electronic manifest
information to CBP, which does not accept electronic manifests directly from Mexican railroads. It should be noted that UP does not pick up the trains until after
CBP has inspected them after crossing the border.
After exhausting its administrative remedies, UP challenged the penalties in the
district court below, invoking the Fifth and Eighth Amendments to the Constitution,
and the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(A). The government separately filed enforcement actions, which were consolidated with UP’s suit
in the district court. UP moved for summary judgment, and the government
moved for judgment on the administrative record. The District Court ruled in UP’s
favor and also enjoined CBP from issuing such penalties in the future..
The Eighth Circuit agreed with the District Court on the merits and found that the
statute does not authorize penalties against UP for drugs found on railcars UP
neither owns nor controls. The Circuit Court also said the statute certainly does
not authorize CBP to require UP, as a common carrier, to do more than reasonably possible to prevent Mexican drug cartels from hiding drugs on trains UP does
not control in a country in which UP has no operations. The Court found that UP
was not the “person in charge” of any of the thirty-eight trains at issue in the case.
The Court also found that while Congress expressly directed the relevant agency
to promulgate regulations, pursuant to formal notice and comment procedures,
defining “highest degree of care and diligence,” no regulations were ever finalized, although a proposal was made, although it appears that would only apply to
the UP owned railcars. While upholding the District Court’s voiding the penalties,
the Circuit Court did say the injunction against future penalties was not appropriate and vacated that portion of the lower court’s decision.
CBP announces a Trade Symposium
On December 20, 2013, US Customs and Border Protection (CBP) published in
the Federal Register a document announcing that CBP will convene only one
Symposium in 2014, the East Coast Trade Symposium, which will be held in
Washington, DC on Thursday, March 6 and Friday, March 7, 2014. The East
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Coast Trade Symposium will feature panel discussions involving agency personnel, members of the trade community and other government agencies, on the
agency’s role in international trade initiatives and programs. This marks CBP’s
thirteenth year convening the Trade Symposium. Members of the international
trade and transportation communities and other interested parties are encouraged
to attend.
The CBP 2014 East Coast Trade Symposium will be held at the Washington Hilton Hotel, at 1919 Connecticut Avenue NW., Washington, DC 20009. For further
information see the Trade Symposium page on CBP’s website.
Customs Brokers user fee payment for 2014
On December 20, 2013, CBP published in the Federal Register a general notice
to customs brokers that the annual fee of $138 that is assessed for each permit
held by a broker, whether it may be an individual, partnership, association, or corporation, is due by February 21, 2014. CBP announced this date of payment for
2014 in accordance with the Tax Reform Act of 1986.
CBP expands definition of “members of a family” for filing of joint
Customs Declarations
On December 18, 2013, CBP published in the Federal Register a final rule [CBP
Dec. 13-19; USCBP-2012-0008] designed to broaden the definition of “members
of a family residing in one household” to more accurately reflect relationships for
U.S. citizens, residents and international visitors who are traveling together as a
family. The expansion of the term includes long-term same-sex couples and other
domestic relationships which would allow more returning US citizens, residents
and international visitors to file a joint customs declaration for items acquired
abroad. The rule will be effective January 17, 2014.
The change in regulation will create less paperwork for people who are traveling
together as a family and will result in increased efficiency for CBP by streamlining
passenger processing.
“Domestic relationship” would be defined to include foster children, stepchildren,
half-siblings, legal wards, other dependents, and individuals with an in loco parentis or guardianship relationship. Also included within the definition are two adults
who are in a committed relationship including, but not limited to, long-term companions and couples in civil unions or domestic partnerships where the partners
are financially interdependent, and are not married to, or a partner of, anyone
else.
“Members of a family residing in one household” will encompass relationships of
blood, marriage, domestic relationship or adoption who lived together in one
household at their last permanent residence; and intend to live in one household
after their arrival in the United States.
CBP announces NCAP test for EPA and FSIS data using ACE
On December 13, 2013, CBP published in the Federal Register a general notice
announcing CBP’s plan to conduct a National Customs Automation Program
(NCAP) test concerning transmission of electronic filings of certain Environmental
Protection Agency (EPA) and the U.S. Department of Agriculture, Food Safety
and Inspection Service (FSIS) import data to CBP for commodities regulated by
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these agencies. The test will involve using the Automated Commercial Environment (ACE) Partner Government Agency (PGA) Message Set and the Automated
Broker Interface (ABI) to transmit the data. PGA Message Set data may be submitted only for certain entries filed at certain ports.
This test is in furtherance of key CBP International Trade Data System (ITDS)
initiatives as provided in the Security and Accountability for Every Port Act (SAFE)
of 2006 to achieve the vision of ACE as the “single window” for the Government
and trade community by automating and enhancing the interaction between international trade partners, CBP, and PGAs by facilitating electronic collection, processing, sharing, and review of trade data and documents required by Federal
agencies during the cargo import and export process. The initiatives will significantly increase efficiency and reduce costs over the manual, paper-based interactions that have been in place. The PGA Message Set will improve communication
between agencies and filers regarding imports and when applicable, will allow test
participants to submit the required data once rather than submitting data separately to each agency, resulting in quicker processing. During this test, participants will collaborate with CBP, EPA, and FSIS to examine the effectiveness of
the “single window” capability.
This notice invites public comment concerning the test program, provides legal
authority for the test, explains the purpose of the test and the test participant responsibilities, identifies the regulation that will be waived under the test, provides
the eligibility and selection criteria for participation in the test, provides a link to a
list of ports that are accepting PGA Message Set data under this test, explains the
application process, and determines the duration of the test. This document also
explains the repercussions and appeals process for misconduct under the test.
The test will commence January 13, 2014. Comments will be accepted through
the duration of the test.
Miscellaneous CBP Federal Register documents
The following documents not discussed above were published by CBP in the
Federal Register. [Note that multiple listings of approved gaugers and laboratories
reflects different locations and/or products.]
F.R. Date
Subject
Agency Information Collection Activities: Canadian Border Boat Landing Permit
12-09-13 (CBP Form I-68) (N)
Agency Information Collection Activities: Passenger and Crew Manifest
Agency Information Collection Activities: Request for Information (CBP Form
28) (N)
12-12-13
Agency Information Collection Activities: Importation Bond Structure (CBP
Forms 301 or 5297) (N)
Agency Information Collection Activities: Entry and Manifest of Merchandise
Free of Duty, Carrier’s Certificate and Release (CBP Form 7523) (N)
12-13-13
Agency Information Collection Activities: Transportation Entry and Manifest of
Goods Subject to CBP Inspection and Permit (CBP Forms 7512, 7512-A) (N)
Agency Information Collection Activities: CBP Regulations Pertaining to Customs Brokers (N)
12-19-13
Agency Information Collection Activities: Haitian Hemispheric Opportunity
through Partnership Encouragement Act of 2006 (N)
12-20-13 Agency Information Collection Activities: Small Vessel Reporting System (N)
Agency Information Collection Activities: Documents Required Aboard Private
12-23-13
Aircraft (N)
12-26-13 Agency Information Collection Activities: CBP Regulations Pertaining to Cus24
Baker & McKenzie
F.R. Date
Subject
toms Brokers (N/C)
CBP issues final determinations in procurement cases
CBP has published in the Federal Register the following determinations concerning the country of origin of merchandise for purposes of US Government procurement under the Trade Agreements Act. A copy of the final determination may
be reviewed by clicking on the ruling number. Any party-at-interest may seek judicial review of the final determination within 30 days of the date of publication in
the Federal Register.
F.R. Date
Ruling Reference (Date Issued) and Product
12-11-13
HQ H241177 (December 3, 2013) – Ethernet switches
HQ H243606 (December 4, 2013) – DocAve Software
Country of Origin
Malaysia
USA
CBP posts year-end immediate delivery procedures
CSMS #13-000625 (Dec. 20, 2013) announced that the CBP Office of International Trade is issuing a blanket authorization for Immediate Delivery (ID) procedures for merchandise to be released on or after December 18, 2013 through December 31, 2013, in accordance with 19 C.F.R. § 142.21(i). The authorization is
offered to filers who may elect to take advantage of the interim Harmonized Tariff
Schedule changes, which take effect on or after January 1, 2014.
This blanket authorization does not apply to absolute quota merchandise and
merchandise moved under an immediate transportation entry (type 61). Tariff
rate quota merchandise previously authorized for ID release under 19 C.F.R. §
142.21(e) may still be released; however, the entry summary shall be presented
within the time specified in 19 C.F.R. § 142.23 or within the quota period, whichever expires first.
In those instances where the paper CBP Form 3461/CBP Form 3461(ALT) is
used as the entry document and importers wish to elect ID, a line must be drawn
through the word “ENTRY” on the document. ABI entry transmissions, including
the “paperless” provisional messages, will establish the desired entry date by using the estimated entry date in the summary transmission (“EI” transmission).
This will identify the change from “Entry” to “Immediate Delivery” and will allow
filers to elect a date of entry in order to take advantage of tariff changes or special
programs. Under ID procedures, the entry/entry summary must be filed within 10
working days after release. This blanket authority only extends to shipments released December 18, 2013 through December 31, 2013.
No grace period will be granted for the purpose of timely filing ID entry summaries
under this one-time allowance.
ACE Deployment B to occur on January 4, 2014
CSMS #13-000623 (Dec. 20, 2013) announced that on January 4, 2014, CBP will
be deploying the second of seven (A-G) planned deployments to the ACE Commercial Environment (ACE) in support of CBP’s plan to complete core trade processing capabilities in ACE and decommission corresponding capabilities in legacy systems, by the end of 2016. Deployment B includes the following:
ACE Cargo Release
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•
Expansion of the ACE Cargo Release pilot to include ocean and rail manifest
shipments
•
Processing of In-bond transactions with partial quantities, completing In-Bond capability in the air, ocean and rail modes of transportation
•
Build-out of ACE Cargo Release data, extending the Customs and Trade Automated Interface Requirements (CATAIR) to specify required data elements, syntax and format, enabling the build out for additional entry transactions
ACE Entry Summary
•
ACE Entry Summary validations for simple duty calculations, i.e., entry summary
lines with a single Harmonized Tariff Schedule (HTS) classification
Partner Government Agency (PGA) Integration
•
Expansion of the PG00 record to reduce data duplication by the trade filer
•
Single Accept/Reject message for the filer for cargo release response from CBP
and PGAs
For more information about ACE Deployment B, please download a copy of the
attached Information Notice. This information notice has also been posted to the
“What’s New with ACE?” page of CBP.gov/ACE. See also Information_Notice_to_Trade___Deployment_B.pdf
CBP signs Partnership Agreements for expanded services
On December 19, 2013, CBP announced that it had finalized the agreements for
five public-private partnerships during an official signing ceremony. The Consolidated and Further Continuing Appropriations Act, 2013 provides the authority for
such public-private partnerships. CBP created a reimbursable fee agreement
program to increase CBP’s ability to provide new or enhanced services on a reimbursable basis to support growth in cross-border trade and travel. The announcement stated that:
The entities selected for these partnerships are Dallas/Fort Worth International Airport;
The City of El Paso, Texas; South Texas Assets Consortium; The City of Houston Airport System; and Miami-Dade County. These locations will cover the entirety of CBP
air, land and sea operations.
The reimbursable services proposals were reviewed and ranked based on criteria including: impact on current CBP operations, health and safety issues, community and
economic benefits, and the feasibility of instituting the agreements in a timely manner.
The deadline to complete the negotiations with the five applicants is December 31,
2013. These agreements will not replace existing services, and new services can include all customs and immigration inspection-related matters.
The reimbursable services authority is a key component of CBP’s Resource Optimization Strategy, and will allow CBP to provide new or expanded services at domestic
ports of entry reimbursed by the partner entity. This will have a positive impact on the
Nation’s economy – particularly through a reduction in wait times.
CBP updates FTA pages on its website
CSMS #13-000615 dated December 18, 2013 announced that each Free Trade
Agreement (FTA) page on CBP.gov has been updated and expanded to include
the following documents:
26
•
Implementation Instructions
•
Attachment A (Certification of Origin)
•
General Note Link (Always current)
Baker & McKenzie
•
Regulation Link (Always current)
•
Agreement Text
•
USITC Report (Includes the General note, the goods that went free immediately
and the phase-out schedule to determine future duty rates.)
•
Summaries and Reports (USTR)
•
Implementation Act (The public law.)
•
Presidential Proclamation (Implementing the Agreement.)
•
Reconciliation Link (If reconciliation eligible.)
•
Agricultural Quota Link
Please see below for links to each of the FTA pages.
•
Australia FTA
•
Bahrain FTA
•
Chile FTA
•
Colombia FTA
•
Jordan FTA
•
Korea FTA
•
Morocco FTA
•
Oman
•
Panama FTA
•
Peru FTA
•
Singapore FTA
The CAFTA and Israel FTA page updates are pending. The NAFTA pages remain
very complete but dated. Links to these websites are referenced below. Also be
advised that there is some excellent MPF, Value and Reasonable Care information at the link on the Trade Agreements page.
•
CAFTA-DR
•
Israel FTA
•
NAFTA
CBP posts updated FTA/Preference Program comparison chart
CSMS #13-000590 dated December 3, 2013 announced that CBP has updated
its non-textile “Side-by-Side Comparison of Free Trade Agreements and Selected
Preferential Trade Legislation Programs” chart. The comparison chart providing
basic customs information and citations on the United States’ free trade agreements and selected preference programs.
Revocations or modifications of CBP rulings
See separate section below.
CSMS messages
The following CBP Cargo Systems Messaging Service (CSMS) notices were issued during the period covered by this Update:
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Baker & McKenzie
Date
CSMS#
12-02-13
13-000586
13-000587
12-03-13
13-000588
13-000589
13-000590
12-04-13
13-000591
13-000592
12-05-13
13-000593
13-000594
13-000595
13-000596
13-000597
12-06-13
13-000598
13-000599
13-000600
13-000601
13-000602
13-000603
12-10-13
13-000604
13-000605
13-000606
12-11-13
13-000607
13-000608
13-000609
13-000610
12-12-13
13-000611
13-000612
12-13-13
13-000613
12-17-13
13-000614
12-18-13
13-000615
13-000616
13-000617
13-000618
13-000619
13-000620
12-20-13
13-000621
13-000622
13-000623
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Title
Free Trade Agreements Certification of Origin and the Preference Criterion (Amendment to 13-000564)
Scheduled Weekly ACE Certification Outage for December
4, 2013
4, 2013
ACE Deployment B - ACE Cargo Release Transaction Sets
Side-by-Side Comparison of Free Trade Agreements (FTAs)
and Selected Preference Programs
ACE Certification Environment Now Available!
Harmonized System Update 1305 - Changes to the 2013
Harmonized Tariff Schedule of the US
Area Port of Portland, Oregon New Mailing Address
Revised ACE ABI Entry Summary CATAIR Chapter and Related Documents Now Posted
Local Closure for the Port of Lubbock, TX (5503)
2014 Federal Holidays
Local Closure for the Port of Dallas/Fort Worth, TX (5501)
Weekly ACE Production Outage beginning December 7,
2013
2013
New Issue of Frontline Magazine Now Posted!
Actualización Mensual de Noviembre 2013 de ACE
February 25, 2013 NCBFAA Sponsored ACE Software Vendor Session
Federal Government Offices in the Washington, D.C. Metropolitan Today 12/10/2013
Correction: February 25, 2014 NCBFAA Sponsored ACE
Software Vendor Session
11, 2013
New Team Number Assigned for Center of Excellence and
Expertise for Electronics
ACE Certification Environment Now Available!!
Local Closure for the Port of Baltimore
FDA ITACS downtime Friday Dec. 13 at 9 p.m. through Saturday Dec. 14 at 6 p.m.
New Phone Numbers for ACS Specialists Laredo, TX office
Correction: New Phone Numbers for ACS Specialists Laredo, TX Office
Statement Numbers May Contain Alpha Characters
Publication of Federal Register Notice Announcing PGA
Message Set Pilot Test
18, 2013
Free Trade Agreement (FTA) Pages Updated
ACE Certification Environment Now Available!!
Free Trade Agreement (FTA) Pages Updated
ACE Webinar – Portal Functionality and Reports Posted to
CBP.gov
Harmonized System Update 1306 - Changes to the 2014
Harmonized Tariff Schedule of the US
2013
FDA Registration Rej. Code “I” Related to Enactment of FDA
Food Safety Modernization Act
Update: ACE Deployment B - ACE Cargo Release Status
Notification Document
Information Notice – ACE Deployment B
Baker & McKenzie
Date
CSMS#
13-000624
13-000625
12-24-13
13-000626
12-27-13
13-000627
12-30-13
13-000628
Title
December 2013 ACE Trade Account Owner Update
Year-End Immediate Delivery Procedures
Environmental Protection Agency (EPA) Notice of Arrival
(NOA) 3540-1 Form Updated
2013
Slow Cargo Processing and Entry Documents Required
Messages
FinCEN, Fed Reserve define “transmittal of funds” and “funds transfer”
On December 4, 2013, the Financial Crimes Enforcement Network (FinCEN), Department of the Treasury and the Board of Governors of the Federal Reserve
System (Board) published in the Federal Register a final rule amending the regulatory definitions of “funds transfer” and “transmittal of funds” under the regulations implementing the Bank Secrecy Act (BSA). The agencies are amending the
definitions to maintain their current scope in light of changes to the Electronic
Fund Transfer Act, which will avoid certain currently covered transactions being
excluded from BSA requirements. The rule is effective January 3, 2014.
Census updates Schedule B and HTS in AES
Bureau of Census Broadcast Message #2013106, dated December 31, 2013 announced that effective immediately, the Schedule B and Harmonized Tariff
Schedule (HTS) tables in the AES have been updated to accept the changes to
the 2014 codes.
AES will accept shipments with outdated 2013 codes during a grace period for 30
days beyond the expiration date of December 31st, 2013. Reporting an outdated 2013 code after the 30 day grace period will result in a fatal error.
The AESDirect program has been updated with the 2014 codes and will accept
shipments with outdated 2013 codes during the grace period as well.
All AESPcLink users must update their AESDirect code tables to reflect the 2014
changes in Schedule B and HTS. Web users of AESDirect who file via the website at aesdirect.census.gov will have their code tables updated via the program
automatically.
The 2014 Schedule B and HTS tables are available on the Census website for
downloading. The current list of HTS codes that are not valid for AES are available here.
OFAC removes JADE Act tags from SDN list
On December 26, 2013, the Office of Foreign Assets Control (OFAC) published in
the Federal Register a notice removing from the Specially Designated Nationals
List tags that had identified certain individuals and entities as subject to the blocking and financial provisions of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (the JADE Act).
In section 8 of Executive Order 13651 (E.O. 13651) of August 7, 2013, the President determined and certified, pursuant to section 5(i) of the JADE Act that it was
in the national interest of the United States to waive, and thereby waived, the
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sanctions described in section 5(b) of the JADE Act. As a result, as of August 7,
the financial and blocking provisions of section 5(b) of the JADE Act do not apply.
Except as authorized or exempt, transactions with persons included on the Specially Designated Nationals and Blocked Persons List (SDN List) continue to be
prohibited pursuant to the International Emergency Economic Powers Act (IEEPA).
DDTC posts “decision tree tools”
As part of the Directorate of Defense Trade Controls (DDTC) outreach efforts for
the initial implementation of Export Control Reform final rule published on April
16, 2013, DDTC has developed a new web-based decision tool that will assist
users in understanding and applying the new rules and regulations as established
in Federal Register Notice 78 Fed. Reg. 22740.
DDTC points out that these tools are for educational purposes only. They are not
binding and are not a substitute for a Commodity Jurisdiction.
•
Specially Designed - This tool is effective for exports on or after October 15, 2013.
It applies only to commodities and software related to United States Munitions List
(USML) Categories that have been revised in accordance with the President’s
Export Control Reform (ECR) initiative.
•
Order of Review - This tool will assist users in understanding the steps to follow in
reviewing the USML.
•
Part 130 - This tool has been designed for industry use as an aid for completing
Part 130 reports to DDTC.
[Note: If you receive the “Allowed Blocked Content” warning message, please
right-click on the warning message and select “Allow Blocked Content” which will
permit the Decision Tools to display correctly.]
BIS updates legal authorities for the EAR
On December 19, 2013, the Bureau of Industry and Security (BIS) published in
the Federal Register a final rule [Docket No. 131114960-3960-01] that updates
the Code of Federal Regulations (C.F.R.) legal authority paragraphs in the Export
Administration Regulations (EAR) to include the citations to five Presidential notices extending emergencies declared pursuant to the International Emergency
Economic Powers Act. This is a procedural rule that only updates authority paragraphs of the EAR. It does not alter any right, obligation or prohibition that applies
to any person under the EAR.
BIS revises EAR; Unverified List (UVL)
On December 19, 2013, the Bureau of Industry and Security (BIS) published in
the Federal Register a final rule [Docket No. 20524116-3986-02] amending the
Export Administration Regulations (EAR) by: requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a
party or parties to the transaction who are listed on the Unverified List (the “Unverified List” or UVL); suspending the availability of license exceptions for exports,
reexports, and transfers (in-country) involving a party or parties to the transaction
who are listed on the UVL; requiring exporters, reexporters, and transferors to
obtain a UVL statement from a party or parties to the transaction who are listed
on the UVL before proceeding with exports, reexports, and transfers (in-country)
involving items subject to the EAR, but where the item does not require a license,
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Baker & McKenzie
i.e., No License Required (NLR); publishing the UVL in the EAR; and adding to
the EAR the procedures to request removal or modification of a UVL entry.
These changes to the UVL enhance the US Government’s ability to verify the bona fides of parties to exports, reexports, or transfers (in-country) of items subject
to the EAR and provide the U.S. Government increased visibility into such exports, reexports, and transfers involving persons whose bona fides could not be
verified. The rule is effective January 21, 2013.
BIS seeks comments on impact of CWC on commercial activities
On December 13, 2013, the BIS published in the Federal Register a notice of inquiry [Docket No. 131122984-3984-01] seeking public comments on the impact
that implementation of the Chemical Weapons Convention (CWC), through the
Chemical Weapons Convention Implementation Act (CWCIA) and the Chemical
Weapons Convention Regulations (CWCR), has had on commercial activities involving “Schedule 1” chemicals during calendar year 2013. The purpose of this
notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress on whether the legitimate commercial activities
and interests of chemical, biotechnology, and pharmaceutical firms are being
harmed by such implementation. This certification is required under Condition 9 of
Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and
consent to the ratification of the CWC. Comments must be received by January
13, 2014.
BIS amends Entity List
On December 12, 2013, the BIS published in the Federal Register a final rule
[Docket No. 130809700-3700-01] amending the Export Administration Regulations (EAR) by adding thirty-six persons under forty-six entries to the Entity List,
revising three existing entries, and removing one entry. The persons who are
added to the Entity List have been determined by the US Government to be acting contrary to the national security or foreign policy interests of the United States.
These persons will be listed on the Entity List under the following destinations:
Armenia, Canada, China, Germany, Greece, Hong Kong, Iran, Malaysia, Thailand, Turkey, and the United Arab Emirates (U.A.E.).
The rule is also revising one existing entry under Sweden to correct the entry by
providing an address for this listed person under the destination of Estonia, and
revising two entries in Canada, the first by removing two addresses, and the second by updating an address. Lastly, the rule removes one person in Russia from
the Entity List. This person is being removed from the Entity List as a result of a
request for removal submitted by the person, a review of information provided in
the removal request in accordance with the procedures for requesting removal or
modification of an Entity List entity, and further review conducted by the End-user
Review Committee (ERC).
Restrictive measures and additions to OFAC, State BIS blocking orders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing persons (including entities) to/from restrictive measures lists were published in the
Federal Register by the Office of Foreign Assets Control (OFAC) or by the State
Department (State) or the Bureau of Industry and Security (BIS):
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F.R. Date
12-03-13
12-19-13
12-20-13
12-24-13
12-26-13
12-27-13
12-31-13
Applicable orders
OFAC: Unblocking of Specially Designated Nationals and Blocked Persons
Pursuant to Executive Order 12978 [4 individuals, 2 entities] (N)
OFAC: Unblocking of Specially Designated Nationals and Blocked Persons
Pursuant to the Foreign Narcotics Kingpin Designation Act [3 individuals] (N)
State: In the Matter of the Designation of Al-Mulathamun Battalion also
known as (aka) al-Mulathamun Brigade aka …aka The Sentinels as a Foreign Terrorist Organization pursuant to Section 219 of the Immigration and
Nationality Act, as amended [Public Notice 8561] (N)
State: In the Matter of the Designation of Al-Mulathamun Battalion aka alMulathamun Brigade aka …aka The Sentinels as a Specially Designated
Global Terrorist pursuant to Section 1(b) of Executive Order 13224, as
amended [Public Notice 8562] (N)
OFAC: Actions Taken Pursuant to Executive Order 13382, (“Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters”)
(N) [4 entities, 3 individuals]
State: In the Matter of the Designation of Usamah Amin al-Shihabi aka Abu
Dajanah aka …Abu Abdallah as a Specially Designated Global Terrorist pursuant to Section 1(b) of Executive Order 13224, as amended [Public Notice
8567] (N)
OFAC: Designation of One Individual and Three Entities Pursuant to Executive Order (13619, “Blocking Property of Persons Threatening the
Peace, Security, or Stability of Burma”) (N)
OFAC: Designation of 2 individuals Pursuant to Executive Order 13224 of
September 23, 2001, “Blocking Property and Prohibiting Transactions with
Persons Who Commit, Threaten to Commit, or Support Terrorism” (N)
OFAC: Supplemental Identification Information for Four Individuals Designated Pursuant to Executive Order 13224 (N)
OFAC: Unblocking of One Individual Pursuant to Executive Order 13224 (N)
OFAC: Designation of four individuals pursuant to Executive Order 13581,
“Blocking Property of Transnational Criminal Organizations” (N)
BIS: Removal of Person from the Entity List Based on a Removal Request
[Docket No. 131121982-3982-01] (FR)
Commerce publishes name change
On December 3, 2013, the Department of Commerce published in the Federal
Register a final rule and nomenclature change [Docket No.: 131114957-3957-01],
which implements the decision by Commerce, through internal Department Organizational Orders 10-3 (effective September 18, 2013) and Department Organizational Order 40-1, (effective September 19, 2013), to consolidate and reorganize certain department organizational functions and revise the name of “Import
Administration” to “Enforcement and Compliance.” The revision more accurately
reflects the breadth of the agency’s activities with respect to the enforcement of,
and compliance with, US trade laws and agreements. Consistent with the consolidation and name change, this rule makes certain changes in parts 301 and 303
of title 15 of the Code of Federal Regulations. Specifically, this rule changes all
references to “Import Administration” wherever they appear in parts 301 and 303
of title 15, to “Enforcement and Compliance.” This rule was effective on December 2, 2013
On December 23, 2013, the International Trade Administration published in the
Federal Register another final rule making appropriate conforming changes in its
regulations. The rule also sets forth a Savings Provision in that preserves, under
the new name, all actions taken under the name of Import Administration and
provides that any references to Import Administration in any document or other
communication shall be deemed to be references to Enforcement and Compliance. This rule is effective December 20, 2013.
32
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FTC proposes amendments to Energy Labeling Rule for DOE TV
tests
On December 26, 2013, the Federal Trade Commission (FTC) published in the
Federal Register a proposal for conforming amendments to the Energy Labeling
Rule (the Rule) (16 C.F.R. Part 305), to require a new Department of Energy
(DOE) test procedure for televisions and establish data reporting requirements for
those products.
The Rule, issued pursuant to the Energy Policy and Conservation Act (EPCA),
requires manufacturers to attach yellow EnergyGuide labels on many consumer
products, and prohibits retailers from removing the labels or rendering them illegible. In addition, the Rule directs sellers, including retailers, to post label information on Web sites and in paper catalogs from which consumers can order
products. EnergyGuide labels for covered appliances must contain three key disclosures: Estimated annual energy cost (for most products); a product’s energy
consumption or energy efficiency rating as determined from Department of Energy (DOE) test procedures; and a comparability range displaying the highest and
lowest energy costs or efficiency ratings for all similar models.
The FTC now proposes conforming amendments to revise the Rule’s television
testing and reporting requirements in response to a new DOE television test procedure published on October 25, 2013 (78 Fed. Reg. 63823). These amendments
will ensure the Rule’s television labeling requirements are consistent with the
EPCA, which mandates that FTC labels reflect applicable DOE test procedures
when available. Comments must be received by February 10, 2014.
CPSC and FTC Federal Register documents
The following Consumer Product Safety Commission (CPSC) and Federal Trade
Commission (FTC) documents which may be of interest to importers were published Federal Register during the past month:
F.R. Date
Subject
12-02-13 FTC: Rules and Regulations Under the Wool Products Labeling Act (N/E)
CPSC: Safety Standard for Hand-Held Infant Carriers [CPSC Docket No.
12-06-13
CPSC-2012-0068] (FR)
CPSC: Revisions to Safety Standards for Infant Bath Seats, Toddler Beds,
12-09-13
and Full-Size Baby Cribs [Docket No. CPSC-2013-0043] (FR)
12-24-13 CPSC: Safety Standard for Bassinets and Cradles; Correction (FR/C)
FTC: Energy and Water Use Labeling for Consumer Products Under the En12-26-13
ergy Policy and Conservation Act (‘‘Energy Labeling Rule’’) (PR)
TTB publishes instructions for ‘Consolidated’ Wine Export Certificate
(US to China)
Beginning March 1, 2014, the People’s Republic of China (PRC) will accept a
one-page Wine Export Certificate (consolidated certificate) from US industry
members for U.S. wine products exported from the United States.
This consolidated certificate is a multi-purpose document, which can be used as a
certificate of origin, certificate of health/sanitation, and certificate of authenticity/free sale.
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Previously, the PRC required US wine exporters to file several certificates as a
condition of entry. The one-page, consolidated certificate will replace the number
of certificates that currently need to be filed to export wine to China.
On December 17, TTB published a guidance document, General Instructions for
the ‘Wine Export Certificate’ for U.S. Wine Products Exported from the United
States to the People’s Republic of China, with instructions for how to use the consolidated Wine Export Certificate when exporting U.S. wine products from the
United States to the PRC.
The guidance document also includes a link to download a template of the Consolidated Certificate, a section listing specific instructions for filling out the certificate, and contact information if you have questions about the certificate.
FDA proposes rules requiring domestic and foreign food facilities to
address potential terrorist vulnerabilities
On December 24, 2013, the US Food and Drug Administration (FDA) published in
the Federal Register a proposed rule [Docket No. FDA-2013-N-1425] to require
domestic and foreign food facilities that are required to register under the Federal
Food, Drug, and Cosmetic Act (the FD&C Act) to address hazards that may be
intentionally introduced by acts of terrorism. These food facilities would be required to identify and implement focused mitigation strategies to significantly minimize or prevent significant vulnerabilities identified at actionable process steps in
a food operation.
The FDA is proposing these requirements as part of its implementation of the
FDA Food Safety Modernization Act (FSMA). Further, as part of the proposal, the
FDA discusses an approach to addressing economically motivated intentional
adulteration. The FDA expects the proposed rule, if finalized as proposed, would
help to protect food from intentional adulteration caused by acts of terrorism.
Electronic or written comments on the proposed rule must be submitted by March
31, 2014.
In a related Federal Register notice also published on December 24, 2013, the
FDA announced a public meeting to discuss the proposed rule described above.
The meeting is scheduled for February 20, 2014, with a registration deadline of
February 7, 2014 for attendance and January 17 for a request to make a public
comment. For information on how to register and participate, please see the Federal Register notice.
FDA amends regulations to accept electronic petitions
On December 19, 2013, the US Food and Drug Administration (FDA) published in
the Federal Register a final rule and technical amendment [Docket No. FDA
2013-S-0610] to modernize its administrative regulations regarding submission of
citizen petitions to explicitly provide for electronic submission. The current regulation does not recognize electronic methods for submitting citizen petitions; thus,
this action will enable efficiency and ease in the filing of citizen petitions. The final
rule was effective upon publication.
FDA Federal Register documents
The FDA has posted the following Federal Register guides, notices or documents
which may be of interest to international traders:
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F.R. Date
12-06-13
12-10-13
12-12-13
12-19-13
12-23-13
12-24-13
12-26-13
12-30-13
Subject
Food Additives Permitted for Direct Addition to Food for Human Consumption;
Acacia (Gum Arabic) [Docket No. FDA-2011-F-0765] (FR)
Draft Guidance for Industry on Size, Shape, and Other Physical Attributes of
Generic Tablets and Capsules; Availability [Docket No. FDA–2013–N–1434]
(N)
Draft Guidance for Industry on Recommendations for Preparation and Submission of Animal Food Additive Petitions; Reopening of the Comment
Period [Docket No. FDA–2013–D–0928] (N)
Veterinary Feed Directive [Docket No. FDA-2010-N-0155] (PR)
Guidance for Industry on New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of
Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily
Aligning Product Use Conditions With Guidance for Industry #209; Availability
[Docket No. FDA-2011-D-0889] (N)
Citizen Petition Submission; Technical Amendment [Docket No. FDA 2013-S0610]
DSM Nutritional Products; Filing of Food Additive Petition (Animal Use)
[Docket No. FDA–2013–F–1539] (N)
DSM Nutritional Products; Filing of Food Additive Petition (Animal Use)
[Docket No. FDA–2013–F–1540] (N)
Focused Mitigation Strategies to Protect Food against Intentional Adulteration
[Docket No. FDA-2013-N-1425] (PR) - also Public Meeting Notice
Draft Guidance for Industry on Naming of Drug Products Containing Salt Drug
Substances; Availability [Docket No. FDA–2013–D–1566] (N)
New Animal Drugs for Use in Animal Feeds; Bambermycins; Correction
[Docket No. FDA-2013-N-0002] (FR/C)
International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Tapentadol; Tramadol; Ketamine; gammaButyrolactone; 22 Additional Substances; Request for Comments [Docket No.
FDA-2013-N-1676] (N/RFC)
APHIS and other USDA notices issued
During the past month, the Animal and Plant Health Inspection Service (APHIS)
and other US Department of Agriculture (USDA) agencies issued the following
Federal Register notices during the past month which may be of interest to international traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]:
F.R. Date
12-03-13
12-04-13
12-10-13
12-23-13
12-31-13
35
Subject
FSIS: Descriptive Designation for Needle- or Blade-Tenderized (Mechanically
Tenderized) Beef Products [Docket No. FSIS-2008-0017] (PR/RO)
APHIS: Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products [Docket No. APHIS–2008–0010] (FR)
APHIS: Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy [Docket No. APHIS–2013–0064] (N)
APHIS: Bovine Spongiform Encephalopathy; Importation of Bovines and Bovine Products [Docket No. APHIS-2008-0010] (FR/C)
AMS: Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Changes to the Membership of the Softwood Lumber Board [Document Number AMS-FV-13-0038] (FR)
AMS: Standards for Condition of Food Containers – Correction to 7 C.F.R.
Part 42
APHIS: Importation of Beef From a Region in Brazil [Docket No. APHIS-20090017] (PR)
APHIS: Importation of Avocados From Continental Spain [Docket No. APHIS2012-0002] (FR)
APHIS: Importation of Fresh Apricots From Continental Spain [Docket No.
APHIS-2011-0132] (FR)
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F.R. Date
Subject
APHIS: Importation of Fresh Blueberry Fruit From Morocco Into the Continental United States [Docket No. APHIS-2013-0016] (PR)
APHIS: Restructuring of Regulations on the Importation of Plants for Planting
[Docket No. APHIS-2008-0011] (PR/RO)
FAS GAIN reports
Below is a partial list of Global Agriculture Information Network (GAIN) reports
that were recently issued by the US Foreign Agriculture Service (FAS) in the Food
and Agricultural Import Regulations and Standards (FAIRS) series as well as other reports related to import or export requirements. These provide valuable information on regulatory standards, export guides, and MRL (maximum residue limits). Information about, and access to, other GAIN reports may be found at the
FAS GAIN reports website.
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Australia - Exporter Guide
Austria – FAIRS - Narrative
Bosnia and Herzegovina - Exporter Guide
Brazil - FAIRS- Narrative
Bulgaria - Exporter Guide
Bulgaria - FAIRS - Narrative
Canada - Exporter Guide
Canada - FAIRS - Narrative
Canada - Food Processing Ingredients
China - FAIRS - Narrative
China - National Food Safety Standard for Edible Vegetable Oil (Draft)
China - National Food Safety Standard for Use of Food Additives
Colombia - Exporter Guide
Colombia - FAIRS - Narrative
Costa Rica - Exporter Guide
Costa Rica - Exporter Guide
Costa Rica - Exporter Guide Annual
Costa Rica - FAIRS - Narrative
Croatia - Exporter Guide
Croatia - FAIRS - Narrative
Cuba - FAIRS - Narrative
Curacao - FAIRS Country Report
Czech Rep. - Exporter Guide
Czech Rep. - FAIRS - Narrative
EurAsEC - Amended CU Regulations Allow Replacement Phytosanitary Certificate
EurAsEC - EEC Draft Amendments to Regulations on Phytosanitary control in CU
Honduras - FAIRS - Narrative
Hong Kong - FAIRS - Narrative
Hungary - Exporter Guide
India - Bovine Germplasm Guidelines for Trade - Revised November 2013
India - Exporter Guide
India - Food Processing Ingredients
Japan - FAIRS - Narrative
Japan - Food Processing Ingredients
Kenya - Exporter Guide
Korea, S. - Exporter Guide
Lithuania - FAIRS - Certification
Lithuania - FAIRS - Narrative
Malaysia - Exporter Guide
Malaysia - FAIRS - Narrative
Mexico - Cotton and the VAT Tax in Mexico’s Maquiladora Industry
Netherlands - Exporter Guide
Netherlands - Food Processing Ingredients
New Zealand - Exporter Guide
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Nicaragua - Exporter Guide
Pakistan - FAIRS - Narrative
Panama - Food Processing Ingredients
Philippines - FAIRS - Narrative
Poland - FAIRS - Narrative
Poland - FAIRS Certificate Report
Romania - FAIRS - Narrative
Russia - Draft Export Restriction Measure on Hides and Skins
Russia - FAIRS - Narrative
Russia - Russia Finalizes New National Standard for High Quality Beef
Saudi Arabia - Exporter Guide
Saudi Arabia - Saudi Arabia to Start Electronic Customs Clearance
Serbia - Exporter Guide
Serbia - FAIRS - Narrative
Singapore - Exporter Guide
Sint Maarten - FAIRS Country Report
South Africa - Exporter Guide
South Africa - Food Processing Ingredients
Spain - Exporter Guide
Spain - FAIRS - Narrative
Spain - Food Processing Ingredients
Taiwan - FAIRS- Narrative
Trinidad and Tobago - FAIRS - Narrative
Tunisia - FAIRS - Narrative
Turkey - Turkey Implements Year-End Labeling Requirement
Turks and Caicos - Turks and Caicos Islands Set New Meat Import Requirements
UAE - FAIRS - Narrative
Ukraine - Exporter Guide
Ukraine - FAIRS - Certification
Ukraine - FAIRS - Narrative
Venezuela - Exporter Guide
Venezuela - FAIRS- Narrative_
Vietnam - Technical Regulation on Microbiological MRLs in Food
Vietnam - Technical Regulations on Mycotoxin and Heavy Metals MRLs in Foods
Government Procurement: Thresholds amended
On December 31, 2013 the Defense Acquisition Regulations System, Department
of Defense (DoD) published in the Federal Register a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate increased thresholds for application of the WTO Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade
Representative (USTR).
Every two years, the trade agreements thresholds are escalated according to a
pre-determined formula set forth in the agreements. The USTR has specified the
following new thresholds in the Federal Register (78 Fed. Reg. 76700, December
18, 2013 – see below) effective January 1, 2014:
Trade Agreement
WTO GPA
FTAs: Australia FTA
Bahrain FTA
CAFTA-DR (Costa Rica, Dominican Republic,
El Salvador, Guatemala, Honduras, and Nicaragua)
Chile FTA
37
Supply
Contract
(equal to or
exceeding)
204,000
79,507
204,000
Construction
Contract (equal
to or exceeding)
7,864,000
7,864,000
10,335,931
79,507
7,864,000
79,507
7,864,000
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Supply
Contract
(equal to or
exceeding)
79,507
100,000
204,000
25,000
79,507
204,000
204,000
79,507
Trade Agreement
Colombia FTA
Korea FTA
Morocco FTA
NAFTA—Canada
—Mexico
Panama FTA
Peru FTA
Singapore FTA
Construction
Contract (equal
to or exceeding)
7,864,000
7,864,000
7,864,000
10,335,931
10,335,931
7,864,000
7,864,000
7,864,000
Also on December 31, 2013, the Department of Defense (DoD), General Services
Administration (GSA) and the and National Aeronautics and Space Administration
(NASA) published in a separate Federal Register final rule [FAC 2005-72; FAR
Case 2013-021; Item IV; Docket No. 2013-0021, Sequence No. 1], amending the
Federal Acquisition Regulation (FAR) to incorporate revised thresholds for application of the WTO Government Procurement Agreement and the Free Trade
Agreements, as determined by USTR, effective January 1, 2014:
Trade Agreement
WTO GPA
FTAs: Australia FTA
Bahrain FTA
CAFTA-DR (Costa Rica, Dominican Republic, El Salvador,
Guatemala, Honduras, and
Nicaragua)
Chile FTA
Colombia FTA
Korea FTA
Morocco FTA
NAFTA—Canada
—Mexico
Oman FTA
Panama FTA
Peru FTA
Singapore FTA
Israeli Trade Act
Supply
Contract
(equal to or
exceeding)
204,000
79,507
204,000
Service
Contract
(equal to or
exceeding)
204,000
79,507
204,000
Construction
Contract
(equal to or
exceeding)
7,864,000
7,864,000
10,335,931
79,507
79,507
7,864,000
79,507
79,507
100,000
204,000
25,000
79,507
204,000
204,000
204,000
79,507
50,000
79,507
79,507
100,000
204,000
79,507
79,507
204,000
204,000
204,000
79,507
7,864,000
7,864,000
7,864,000
7,864,000
10,335,931
10,335,931
10,335,931
7,864,000
7,864,000
7,864,000
The final rule implements the new thresholds in FAR subpart 25.4, Trade Agreements, and other sections in the FAR that include trade agreements thresholds
(i.e., 22.1503, 25.202, 25.603, 25.1101, and 25.1102).
In addition, changes are required to the clauses 52.204-8, Annual Representations and Certifications, and 52.222-19, Child Labor—Cooperation with Authorities and Remedies, with conforming changes to the clause dates in 52.212-5,
Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, and 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).
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Government Procurement: DoD issues interim rule on origin of photovoltaic devices
On December 20, 2013 the Defense Acquisition Regulations System, Department
of Defense (DoD) published in the Federal Register an interim rule with request
for comments (DFARS Case 2014–D006) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify rules of origin under trade
agreements for photovoltaic devices to be utilized under covered DoD contracts,
as required by a section of the National Defense Authorization Act for Fiscal Year
2011.
Comments on the interim rule should be submitted in writing to the address
shown in the Federal Register on or before February 18, 2014, to be considered
in the formation of a final rule.
Section 846 of the National Defense Authorization Act for Fiscal Year 2011 (Pub.
L. 111–383) addresses the origin of photovoltaic devices purchased by a contractor under an energy savings performance contract, a utility service contract, or a
private housing contract, if such contract will result in DoD ownership of photovoltaic devices, by means other than DoD purchase as end products. DoD is
deemed to own a photovoltaic device if the device is—
(1) Installed on DoD property or in a facility owned by DoD; and
(2) Reserved for the exclusive use of DoD for the full economic life of the device.
The statute requires that photovoltaic devices provided under covered contracts
shall comply with the Buy American statute (41 U.S.C. chapter 83), subject to the
exceptions to that statute provided in the Trade Agreements Act, or otherwise
provided by law.
•
Under the Buy American statute, there is an exception for other foreign photovoltaic devices, if covered by the Buy American statute and the cost of a domestic
photovoltaic device would be unreasonable (i.e., 50 percent more than the cost of
the foreign photovoltaic device).
•
For DoD, qualifying country photovoltaic devices may be utilized in any covered
contract, because DFARS 225.103(a)(i)(A) provides an exception to the Buy
American statute for products of qualifying countries, as defined in 225.003.
•
Depending on the value of the photovoltaic devices to be utilized, various trade
agreements may apply to photovoltaic devices that are the product of a designated country. These photovoltaic devices may be broadly identified as WTO Government Procurement Agreement photovoltaic devices, Free Trade Agreement
photovoltaic devices, or by the specific country of origin.
DoD initially implemented this statute through an interim rule (DFARS Case
2011–D046), published in the Federal Register on December 20, 2011 (76 Fed.
Reg. 78858). The interim rule added a new DFARS section 225.7017, Utilization
of domestic photovoltaic devices; a clause at 252.225–7017, Photovoltaic Devices; and a provision at 252.225–7018, Photovoltaic Devices—Certificate. DoD finalized the interim rule, with changes on May 22, 2012 (77 FR 30368).
The final rule explains that for purposes of determining that a photovoltaic device
is eligible for an exception to the Buy American statute due to applicability of a
trade agreement, the origin of a photovoltaic device is the country in which the
photovoltaic device was wholly manufactured (including all components), or the
country in which the photovoltaic device was “substantially transformed” into a
new and different article with a name, character, or use distinct from that of the
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article or articles from which it was transformed. Since implementation in the
DFARS, some questions have arisen as to where the substantial transformation
of some solar panels occurs, when different phases of the production process
occur in different countries. DOD has determined, after consultation with the United States Trade Representative, that clarification is needed to avoid confusion by
offerors on how to determine the country of origin of a photovoltaic device, when
trade agreements provide an exception to the Buy American statute.
The interim rule makes two clarifications to provide greater certainty and avoid
confusion by offerors responding to solicitations that are governed by section 846
and the associated DFARS implementing provisions. Both clarifications are consistent with existing DoD practices.
First, the rule clarifies that the country of origin is the country in which the final
substantial transformation occurred. Each of the definitions for specific types of
designated photovoltaic devices has been amended to specify that the photovoltaic device is not subsequently substantially transformed outside of the specified
country.
Second, a new paragraph (c) has been added to the provision at 252.225–7018,
which directs offerors to certify the origin of a designated country photovoltaic device consistent with country of origin determinations by US Customs and Border
Protection for the same or similar items. If the offeror is uncertain, the provision
directs the offeror to request a determination from US Customs and Border Protection. This guidance applies only to the origin of designated country photovoltaic
devices (as defined in 252.225–7017(a)).
The origin of domestic photovoltaic devices and qualifying country photovoltaic
devices is not based on substantial transformation, but on place of manufacture
(regardless of the origin of the components). FAR 52.225–18 defines “place of
manufacture” as the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product to be provided to the Government (in this case the photovoltaic device to be
utilized under the contract).
US-made photovoltaic devices are not designated country photovoltaic devices,
but their utilization is allowed, consistent with FAR 25.403(c), when the value of
the photovoltaic devices utilized exceeds $202,000, so that US- made photovoltaic devices that do not qualify as domestic photovoltaic devices are not disadvantaged in favor of designated country photovoltaic devices. US-made photovoltaic
devices may be manufactured or substantially transformed in the United States.
Therefore, a US-made photovoltaic device may qualify on the basis of manufacture in the US, even if it does not meet the more stringent requirements of substantial transformation in the United States.
USTR Publishes TAA Government Procurement Thresholds
On December 18, 2013, The Office of the US Trade Representative (USTR) published in the Federal Register a notice of determination of procurement thresholds
for implementation of the Trade Agreements Act of 1979, as amended (TAA, 19
U.S.C. 2511 et seq.). Executive Order 12260 requires USTR to set the US dollar
thresholds for application of Title III of the TAA, which implements US trade
agreement obligations, including those under the WTO Agreement on Government Procurement, Chapter 15 of the US-Australia FTA, Chapter 9 of the USBahrain FTA, Chapter 9 of the US-Chile FTA, Chapter 9 of the United StatesColombia FTA, Chapter 9 of the Dominican Republic-Central American-United
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States Free Trade Agreement (DR–CAFTA), Chapter 9 of the US-Morocco FTA,
Chapter 10 of the North American Free Trade Agreement (NAFTA), Chapter 9 of
the US-Oman FTA, Chapter 9 of the United States-Panama TPA, Chapter 9 of
the US-Peru TPA, and Chapter 13 of the US- Singapore FTA. These obligations
apply to covered procurements valued at or above specified US dollar thresholds.
See table below for the thresholds.
Agreement
WTO Agreement on Government Procurement
US-Australia
FTA
US-Bahrain FTA
US-Chile FTA
Government Level
Central gov’t (Annex. 1)
Sub-central government (Annex. 2)
Other entities (Annex 3)
Central gov’t (Annex. 15-A, Sec. 1)
Sub-central gov’t (Ann. 15-A, Sec. 2)
Other entities (Annex 15-A, Sec.3)
Central gov’t (Annex 9-A- 1)
Other entities (Annex 9-A-2)
Central gov’t (Annex. 9.1, Sec. A)
Sub-central gov’t (Annex. 9.1, Sec.B)
Other entities (Annex 9.1, Sec. C)
Central gov’t (Annex. 9.1.2(b)(i) Sec.A)
Sub-central gov’t (Annex. 9.1.2(b)(i)
DR-CAFTA
Sec.B)
Other entities (Annex 9.1.2(b)(i) Sec. C)
Central gov’t (Annex. 9-A-1)
US-Morocco
Sub-central gov’t (Annex. 9-A-2)
FTA
Other entities (Annex 9-A-3)
Federal entities (Annex 1001.1a-1)
NAFTA
Gov’t enterprises (Annex 1001.1a-2)
Central gov’t (Annex 9, Sec. A)
US-Oman FTA
Other entities (Annex 9, Sec. B)
Central gov’t (Annex 9.1, sec. A)
US-Panama
TPA
Panama Canal Authority
US-Peru TPA Sub-central gov’t (Annex. 9.1, Sec.B)
Central gov’t (Annex. 13A, Sch.1, Sec. A)
US-Singapore
Sub-central gov’t (Ann. 13A, Sch.1, Sec. )
FTA
Other entities (Annex 13A, Sch.1, Sec. C)
US-Colombia
FTA
Goods &
Construction
Services
$204,000
$7,864,000
558,000
7,864,000
629,000
7,864,000
79,507
558,000
(List A) 397,535
(List B) 629,000
204,000
629,000
79,507
558,000
(List A) 397,535
(List B) 629,000
79,507
558,000
629,000
79,507
558,000
629,000
204,000
558,000
629,000
79,507
397,535
204,000
629,000
204,000
558,000
629,000
629,000
204,000
558,000
629,000
79,507
558,000
629,000
7,864,000
7,864,000
7,864,000
10,335,931
12,721,740
7,864,000
7,864,000
7,864,000
7,864,000
7,864,000
12,721,740
7,864,000
7,864,000
7,864,000
7,864,000
7,864,000
7,864,000
10,335,931
12,721,740
10,335,931
12,721,740
7,864,000
7,864,000
7,864,000
7,864,000
7,864,000
7,864,000
7,864,000
7,864,000
7,864,000
Government Procurement: DoD to remove DoD-unique list
On December 6, 2013, the Defense Acquisition Regulations System, Department
of Defense (DoD), published in the Federal Register a proposed rule [DFARS
Case 2013-D020] amend the Defense Federal Acquisition Regulation Supplement (DFARS) to DoD is proposing to revise the DFARS to remove section
225.104 in its entirety, because the articles currently listed no longer qualify as an
exception to the Buy American statute (41 U.S.C. § 8302(a)), on the basis of their
nonavailability. because these items have been found to be either available domestically or are not used by DoD.
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Comments on the proposed rule should be submitted in writing to the address
shown below in the Federal Register document or before Comments on the proposed rule should be submitted in writing to the address shown in the Federal
Register document on or before February 4, 2014, to be considered in the formation of a final rule.
Commerce issues notification of HOPE quantitative limits
On December 19, 2013, the International Trade Administration, Department of
Commerce published in the Federal Register a notification of annual quantitative
limit on certain apparel under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act of 2006 (HOPE).
HOPE provides for duty-free treatment for certain apparel articles imported directly from Haiti. Section 213A(b)(1)(B) of HOPE outlines the requirements for certain
apparel articles to qualify for duty-free treatment under a “value-added” program.
In order to qualify for duty-free treatment, apparel articles must be wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components,
components knit-to-shape, and yarns, as long as the sum of the cost or value of
materials produced in Haiti or one or more countries, as described in HOPE, or
any combination thereof, plus the direct costs of processing operations performed
in Haiti or one or more countries, as described in HOPE, or any combination
thereof, is not less than an applicable percentage of the declared customs value
of such apparel articles. Pursuant to the Haiti Economic Lift Program Act of 2010
(HELP), the applicable percentage for the period December 20, 2013 through December 19, 2014, is 50 percent or more.
For every twelve month period following the effective date of HOPE, duty-free
treatment under the value-added program is subject to a quantitative limitation.
For the one-year period beginning on December 20, 2013 and extending through
December 19, 2014, the quantity of imports eligible for preferential treatment under the value added program is 322,629,971 square meters equivalent. Apparel
articles entered in excess of these quantities will be subject to otherwise applicable tariffs.
Federal Register documents
The following Federal Register documents which may be of interest to international traders were published during the past month by various Federal agencies:
F.R. Date
Subject
Drug Enforcement Admin. (DEA): Schedules of Controlled Substances:
Placement of Perampanel into Schedule III [Docket No. DEA–374] (FR)
Energy: Energy Efficiency Program for Industrial Equipment: Final Determina12-02-13
tion Classifying UL Verification Services Inc. as a Nationally Recognized Certification Program for Small Electric Motors [Docket No. EERE–2013–BT–DET–
0017] (N) Final Determination
Energy: Energy Conservation Program: Energy Conservation Standards for
Certain Consumer Products [Docket Number EERE–2013–BT–NOA–0047]
(FR, Tech, amend.)
12-03-13
Labor: Child Labor, Forced Labor, and Forced or Indentured Child Labor in the
Production of Goods in Foreign Countries and Efforts by Certain Countries to
Eliminate the Worst Forms of Child Labor (N/RFC)
Environmental Protection Agency (EPA): Electronic Reporting Under the Toxic
Substances Control Act [EPA–HQ–OPPT–2011–0519; FRL–9394–6] (FR)
12-04-13
EPA: Product Cancellation Order for Certain Pesticide Registrations; Correction [EPA–HQ–OPP–2009–1017; FRL–9902–63] (N/C)
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F.R. Date
12-05-13
12-06-13
12-09-13
12-10-13
12-11-13
12-13-13
12-17-13
12-18-13
12-20-13
12-24-13
12-26-13
12-27-13
43
Subject
EPA: Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide
Registrations [EPA–HQ–OPP–2010–0014; FRL–9902–41] (N)
National Highway Traffic Safety Administration (NHTSA): Registered Importers of Vehicles Not Originally Manufactured To Conform to the Federal Motor
Vehicle Safety Standards [Docket No. NHTSA–2013–0041; Notice 1] (PR)
Commercial and Industrial Electric Motors [Docket Number EERE–2010–BT–
STD–0027] (PR)
Energy: Energy Efficiency Program for Consumer Products: Energy Conservation Standards for General Service Lamps [Docket No. EERE–2013–BT–
STD–0051] (N/H) and Framework Doc. availability
NHTSA: Decision that Certain Nonconforming Motor Vehicles
are Eligible for Importation [Docket No. NHTSA-2013-0136] (N)
EPA: Prohydrojasmon; Exemption from the Requirement of a Tolerance [EPAHQ-OPP-2012-0832; FRL-9398-1] (FR)
EPA: Flonicamid; Pesticide Tolerances [EPA-HQ-OPP-2013-0038; FRL-990207] (FR)
EPA: Flutriafol; Pesticide Tolerances [EPA-HQ-OPP-2013-0295; FRL-990217] (FR)
EPA: Pesticide Products; Registration Applications for New Active Ingredients
[EPA-HQ-OPP-2013-0026; FRL-9903-52] (N)
Patent and Trademark Office: Changes to Implement the Patent Law Treaty;
Correction [Docket No.: PTO-P-2013-0007] (FR/C)
Energy: Energy Conservation Program: Test Procedures for Electric Motors
[Docket No. EERE-2012-BT-TP-0043] (FR)
NHTSA: Federal Motor Vehicle Safety Standards; Small Business Impacts of
Motor Vehicle Safety [Docket No. NHTSA-2013-0116] (N/RFC)
EPA: Pesticide Experimental Use Permit; Notice of Receipt of Application;
Comment Request [EPA–HQ–OPP–2013–0732; FRL–9903–56] (N)
EPA: Notice of Receipt of Pesticide Products; Registration Applications To
Register New Uses [EPA–HQ–OPP–2013–0025; FRL–9903–82] (N)
EPA: Registration Applications for Pesticide Products Containing New Active
Ingredients; Corrections [EPA–HQ–OPP–2013–0770; FRL–9402–9] (N)
EPA: Notice of Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities; Corrections [EPA–HQ–
OPP–2013–0770; FRL–9904–17] (N/C)
EPA: Endothall; Pesticide Tolerances [EPA–HQ–OPP–2012–0431; FRL–
9402–4] (FR)
EPA: Tall Oil, Polymer With Polyethylene Glycol and Succinic Anhydride Monopolyisobutylene Derivs.; Tolerance Exemption [EPA–HQ–OPP–2013–0525;
FRL–9903–19] (FR)
Certain Consumer Products [Docket No. EERE–2013–BT–NOA–0047] (PR)
EPA: Mandipropamid; Pesticide Tolerances [EPA–HQ–OPP–2012–0980;
FRL–9903–57] (FR)
EPA: Registration Review; Pesticide Dockets Opened for Review and Comment [EPA–HQ–OPP–2013–0769; FRL–9903–60] (N)
Energy: Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnace Fans [Docket Number EERE–
2010–BT–STD–0011] (N/E)
EPA: Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import and Export [EPA-HQ-OAR-20130263; FRL-9900-52-OAR] (PR)
EPA: Notice of Receipt of Pesticide Products; Registration Applications To
Register New Uses [EPA–HQ–OPP–2013–0025; FRL–9904–60] (N)
NHTSA: Early Warning Reporting, Foreign Defect Reporting, and Motor Vehicle and Equipment Recall Regulations; Meeting [Docket No. NHTSA—2012–
0068; Notice 3] (N/H)
EPA: Indoxacarb; Pesticide Tolerances [EPA-HQ-OPP-2012-0420; FRL-990392] (FR)
EPA: Isopyrazam; Pesticide Tolerances [EPA-HQ-OPP-2012-0509; FRL-
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F.R. Date
Subject
9903-53] (FR)
EPA: Pendimethalin; Pesticide Tolerances [EPA-HQ-OPP-2013-0071; FRL9904-04] (FR)
EPA: Copper Sulfate Pentahydrate; Exemption from the Requirement of a
Tolerance [EPA-HQ-OPP-2013-0286; FRL-9904-30] (FR)
EPA: Extension of Tolerances for Emergency Exemptions (Multiple Chemicals) [EPA-HQ-OPP-2013-0777; FRL-9904-15] (FR)
EPA: 2,5-Furandione, polymer with ethenylbenzene, reaction products with
polyethylenepolypropylene glycol 2-aminopropyl Me ether; Tolerance Exemption [EPA-HQ-OPP-2013-0540; FRL-9902-90] (FR)
Energy: Energy Conservation Program for Consumer Products and Commercial and Industrial Equipment: Effect of Revised Estimates of the Social Cost
of Carbon (N)
Energy: Energy Efficiency Program for Industrial Equipment: Petition of CSA
Group for Classification as a Nationally Recognized Certification Program for
Small Electric Motors [Docket No. EERE-2013-BT-DET-0053] (N)
12-30-13
EPA: Receipt of Several Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various Commodities [EPA-HQ-OPP-2013-0023; FRL9903-69] (N/RFC)
Pipeline and Hazardous Materials Safety Administration: Hazardous Materials:
Adoption of ASME Code Section XII and the National Board Inspection Code
[Docket Number PHMSA-2010-0019 (HM-241)] (PR)
Defense/GSA/NASA: Federal Acquisition Regulation; Federal Acquisition Circular 2005-72; Introduction [Docket No. FAR 2013-0076, Sequence No. 8]
Summary of FR
Defense/GSA/NSA: Federal Acquisition Regulation; Federal Acquisition Circular 2005-72; Small Entity Compliance Guide [Docket No. FAR 2013-0078,
Sequence No. 8] Small Entity Compliance Guide
Defense/GSA/NASA: Federal Acquisition Regulation; Prioritizing Sources of
Supplies and Services for Use by the Government [FAC 2005-72; FAR Case
2009-024; Item II; Docket No. 2011-0086, Sequence No. 1] (FR)
Energy: Energy Conservation Program: Alternative Efficiency Determination
Methods, Basic Model Definition, and Compliance for Commercial HVAC,
12-31-13 Refrigeration, and WH Equipment [Docket No. EERE-2011-BT-TP-0024] (FR)
Energy: Energy Conservation Program for Consumer Products: Landmark
Legal Foundation; Petition for Reconsideration [Docket No. EERE-2013-BTPET-0043] (N) of denial
Energy: Energy Conservation Program for Consumer Products: Proposed
Determination of Hearth Products as a Covered Consumer Product [Docket
No EERE-2013-BT-DET-0057] (Proposed Determination)
Energy: Energy Conservation Program: Proposed Determination of Set-Top
Boxes and Network Equipment as a Covered Consumer Product [Docket No.
EERE-2010-BT-DET-0040] (Proposed Determination/Withdrawal)
Energy: Energy Conservation Program: Test Procedure for Set-top Boxes
[Docket No. EERE-2012-BT-TP-0046] (PR/Withdrawal)
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
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la Republica Argentina (Official Gazette) or the Customs Bulletin during the period
covered by this Update [Unofficial translation].
BO Date
Subject
Decree 2003/2013 (28-11-2013) exemption from duties and taxes for prod02-12-13 ucts originating in participating countries in the “Fiesta de las Colectividades
y Artesanías del Mundo”.
Decree 2014/2013 (02-12-2013) amending soybean export duty rates
incorporation into Decree 509/2007 National Administration of Drugs, Food and Medical Technology (ANMATM):
03-12-13 Disp. № 7247/2013 (28-11-2013) prohibiting the commercialization in the
national territory of a listed food product
ANMATM: Disp. № 7248/2013 (28-11-2013) prohibiting the use and
commercialization in the national territory of listed medical products
Federal Tax Administration (AFIP): Gen. Res. № 3553 (02-11-2013)
Temporary importation-exportation “Rally Dakar Argentina-Bolivia-Chile
2014”
04-12-13 ANMATM: Disp. № 7271/2013 (02-12-2013) prohibiting the
commercialization in the national territory of listed food products
ANMATM: Disp. № 7270/2013 (02-12-2013) prohibiting the use and
Decree 2024/2013 (03-12-13 Exempting from duties and taxes products from
participating countries in the International Fair known as “Ventana Sur”
AFIP: Gen. Res. № 3557 (02-12-13) Reference values of a preventive
05-12-13
character (Exports) supplementing Gen. Res. № 2716
AFIP: Gen. Res. № 3554 (02-12-13) Reference values of a preventive
character (Imports) supplementing Gen. Res. № 2730
AFIP: Gen. Res. 3556 (02-12-13) Reference values of a preventive character
(Imports) supplementing Gen. Res. № 2730
06-12-13
AFIP: Gen. Res. 3555 (02-12-13) Reference values of a preventive character
(Imports) supplementing Gen. Res. № 2730
AFIP: Gen. Res. № 3560 (05-12-13) “Malvina” Information System
09-12-13 AFIP: Gen. Res. № 3559 (04-12-13) Export destinations for natural gas
consumption. Determination of taxable value.
ANMATM: Disp. № 7427/2013 (04-12-13) prohibiting the use or
10-12-13
commercialization in the national territory of a listed cosmetic product
16-12-13 Law № 26,905 (06-12-13) – Reducing the consumption of Sodium in Food
AFIP: Gen. Res. № 3571 (16-12-13) Special regie for issuance and
18-12-13 electronic storage of original receipts. General Resolution No. 2,485 and No.
2,758,amended and supplemented. Standard amended and modified.
ANMATM: Disp. № 7748/2013 (18-12-2013) prohibiting the
23-12-13
24-12-13
26-12-13
31-12-13
Brazil
Brazil to hold public consultations on IP retaliation for WTO cotton
ruling
The Council of Ministers of the Chamber of Foreign Trade (CAMEX), chaired by
the Ministry of Development, Industry and Foreign Trade (MDIC), announced that
at its December 18, 2013, meeting, it decided to restart in January, the process of
public consultations on intellectual property in retaliation against the United
States, for failure to comply with the WTO cotton decision. Public consultations
with stakeholders will be held from January 2, 2014 until January 31, 2014. The
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technical group established to identify, evaluate and formulate proposals for the
implementation of authorized countermeasures will have until February 28, 2014,
to make the decision about the adoption of retaliatory measures of goods.
In 2010, on the eve of beginning the original retaliation by Brazil, the United
States proposed an interim agreement through a Memorandum of Understanding
and US-Brazil Framework Agreement. The agreement suspended operation of
retaliation and has made the U.S. government carry out annual payments of $
147.3 million, in monthly installments to the Brazilian Cotton Institute (IBA).
Resources were directed to financing of technical cooperation and assistance to
Brazilian cotton farmers activities until a new Farm Bill was passed in the United
States, in keeping with the WTO decision. The farm bill expired September 30,
2013. Since that time, the US has not made payments to IBA.
The cotton litigation was the result of nearly eight years of litigation and over four
years of failure by the US against decisions of the WTO Dispute Settlement Body.
The value of retaliation authorized by the WTO arbitrators was the second largest
in history and resulted from US noncompliance.
Diário Oficial da União publications
The following notices, Ordinances (Portarias), Circulars and Resolutions of interest to international traders were published in the Diário Oficial da União (Official
Gazette) during the period covered by this Update.
DOU
Date
02-12-13
04-12-13
05-12-13
09-12-13
13-12-13
19-12-13
20-12-13
46
Subject
SECEX Circular № 74 of 29 Nov. 2013 -. Opening, from the date of
publication of this consultation, the period of 40 (forty) days to be presented
suggestions for amending the Decree No. 1,751, of December 19, 1995,
which governs administrative procedures for the implementation of
compensatory measures.
SECEX Ordinance № 49, of 29 Nov. 2013 -. SECEX Amendment to
Ordinance No. 23, dated July 14, 2011
CAMEX Resolution № 102 of 3 Dec. 2013 - Changes the Brazilian List of
Exceptions to the Common External Tariff of MERCOSUR
CAMEX Resolution № 103 of 6 Dec. 2013- Changes to 2% (two percent) the
rates of import duty levied on capital goods, on condition Ex-tariff
CAMEX Resolution № 104 of 6 Dec. 2013 - Changes the name of the company’s commitment to constant prices, which Art. 2nd CAMEX Resolution
No. 61, 2011
SECEX Ordinance № 50, of 12 Dec. 2013 - Establishes criteria for allocating
quotas for imports, determined by CAMEX Resolution 96, of November 25,
2013.
CAMEX Resolution № 105, of 18 Dec. 2013 - Approves the resumption of
proceedings with a view to the suspension of concessions or obligations assumed by the country under the General Agreement on Tariffs and Trade
1994 and the rights of intellectual property and others, against the United
States in the context of litigation “United States America - Cotton Subsidies
“(WT / DS 267), repealing Art. 2 of CAMEX Resolution 43, of June 17, 2010,
and amending art. 3 of CAMEX Resolution 16, of 12-03-10.
SECEX Ordinance № 51, of 19 Dec. 2013 - Terminates the special procedure for declaration of non-preferential origin with disqualification of Malaysian origin for the product “viscose meshes with or without spandex” classified
under items 6006.44.00 and 6006.42.00 of the NCM
CAMEX Resolution № 108 of 18 Dec. 2013 - Amends. 1 of CAMEX Resolution 57, of 24-07-13 and other measures.
CAMEX Resolution № 109 of 19 Dec. 2013 - Dismissed the requests for
reconsideration presented in the face of CAMEX Resolution 57, dated 24-07-
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DOU
Date
Subject
13
CAMEX Resolution № 110 of 18 Dec. 2013 - Dismisses the request for reconsideration presented in the face of CAMEX Resolution 76, 30-09-13
reconsideration presented in the face of CAMEX Resolution No. 77 of 02-1013
reconsideration presented in the face of CAMEX Resolution 79, of 03-10-13
CAMEX Resolution № 113 of 18 Dec. 2013 Dismisses the request for reconsideration presented in the face of CAMEX Resolution 80, of 03-10-13
CAMEX Resolution № 118 of 18 Dec. 2013 - Amends. Art 1 of CAMEX Resolution No. 50, 2010.
SECEX Ordinance № 52 of 23 December 2013 - Closes special nonpreferential origin verification procedure with the disqualification of India
origin for “citric acid” and “sodium citrate” Products , ranked respectively in
items 2918.14.00 and 2918.15.00 of the Mercosur Common Nomenclature
24-12-13
SECEX Ordinance № 53 of 23 December 2013 - Terminates the special
procedure for declaration of non-preferential origin with disqualification of
origin India for “citric acid” product, classified in subsection 2918.14. 00 of
the Mercosur Common Nomenclature.
CAMEX Resolution № 119 of 26 December 2013 - Changes to 2% (two percent) the rate of import duty levied on Information Technology and Telecommunication Well, on condition Ex-tariff.
CAMEX Resolution № 119 of 26 December 2013 - Changes to 2% (two percent) the rate of import duty levied on Information Technology and Telecommunication Well, on condition Ex-tariff.
CAMEX Resolution № 120, of 26 December 2013 - Changes to 2% (two
27-12-13 percent) the rates of import duty levied on capital goods, on condition Extariff.
CAMEX Resolution № 121 of 26 December 2013 - Extending until June 30,
2014, the term of the former Tariff CAMEX Resolution № 48 of 5 July 2012,
CAMEX Resolution № 60 of 20 August 2012 and Resolution CAMEX № 91
of 17 December 2012 , and extending until December 31, 2014, the term of
CAMEX Resolution № 10 of 5 February 5, 2013 , CAMEX Resolution № 16
,
of 27 February 2013 and CAMEX Resolution № 17 of 28 March 2013
CAMEX Resolution № 125 (26 Dec. 2013) Amendment to the Brazilian List
of Exceptions to the Common External Tariff of MERCOSUR - LETEC
30-12-13 CAMEX Resolution № 126 (26 Dec. 2013) Establishes conditions for the
marketing of the transactions under the terms of the Export Financing Program - PROEX
Chile
National Customs postings and Diario Oficial
The following documents, which may be of interest to international traders were
posted to the National Customs Service (NCS) website or published in the Diario
Oficial de la República de Chile (Official Gazette) or [Partial list; Unofficial translation].
Date
Subject
03-12-13 NCS: Res. № 12114 Are instructions to Customs that indicate the Standards
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Date
13-12-13
23-12-13
26-12-13
27-12-13
28-12-13
30-12-13
Subject
on Electronic Presentation of Cargo Manifest for Entry via Sea
Hacienda: Decree 1155 Applies cuts to customs duty for imports of wheat
and flour of wheat or meslin
Ministry of Agriculture and Livestock: Res. № 8186 ; Sets phytosanitary import requirements for fresh fruits for consumption of avocado (Persea americana) Hass, from the Departments of Peru indicated and approved work plan
Ministry of Agriculture and Livestock: Res. № 8183 Amendment to Resolution No. 3,333, of 2007, which establishes phytosanitary entry requirements
of ornamental species seeds
Ministry of Agriculture and Livestock: Res. № 8182 Prohibits the use of seed
for propagation avocado (Persea Americana), arising from fresh fruit for consumption imported from origins to present Avocado sunblotch Viroid (ASBVd)
Hacienda: Decree № 420 Refunds of Customs duties on imports of raw sugars, refined sugar grade 1 and 2 and refined sugar grade 3 and 4 and substandard
Energy: Circular 11185 – Prohibiting commercialization of lighted wreaths
and wreaths with LED lights
Hacienda: Res. № 810 Fixed Amounts of Tariffs for the Development Process Established Law No. 20,129
Agriculture & Livestock: Res. № 7831 Amending Resolution No. 1725, 1990,
fixing health requirements for the entry to Chile of chilled or frozen meat of
sheep
Classification opinions, advance rulings and classification valuation
and origin decisions
The National Customs Service has recently redesigned its website. Advance
Classification Rulings (Resoluciones Anticipadas Clasificación) from 2010 to the
present and Classification Opinions (Dictámenes de Clasificación) from 19932009 are available. Post entry Classification, valuation and origin decisions on
claims (fallos de reclamaciones) at the first and second instance levels from 2003
to the present are also available.
Colombia
TPTA information
Information, on the Colombia-United States Trade Promotion Agreement including presentations, rules of origin and TRQ information (all in Spanish) may be
found here. Sample (non-mandatory) Certificates of Origin are available here.
Tariff Classification Resolutions
Tariff Classification Resolutions issued in 2013 may be found here. For prior
years, please see this webpage.
MinCIT, MinHacienda and DIAN Documents
The following documents of interest to international traders were posted by the
Ministry of Commerce, Industry and Tourism (MinCIT), Ministry of Finance (Hacienda) or the National Directorate of Taxes and Customs (DIAN):
Date
Subject
DIAN: Cir. 1709-2013 (1 Dec. 2013) Ad-Valorem taxes applicable to agricul01-12-13 tural products reference their substitutes, agroindustrial products or byproducts.
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Date
Subject
MinCIT: Circular 033, 2013 (3 Dec. 2013). Method of requests for certificates
03-12-13 of existence of domestic production through the Single Window for Foreign
Trade – VUCE
MinCIT: Decree 2859 (9 Dec. 2013) – Modifying the Tariff Schedule and
09-12-13
providing certain duty changes
Hacienda: Decree 2884 (11 Dec., 2013) Modifying Decree 2685 of 1999 regarding Free Zones
Hacienda: Decree 2884 (11 Dec, 2013), whereby the Government adopts the
recommendation issued by the AAA (Customs, Tariffs and Foreign Trade
11-12-13 Affairs) Committee at its meeting 267, November 29, 2013, in the sense of
allowing the industrial user of a Permanent Special Free Zone Services - contribution of the land of the Free Zone to partner with public entities or
administering public funds, in order to promote economic growth and development of the competitiveness of the region through the zone.
DIAN: Cir. 000041-2013 (13 Dec. 2013) Reference Price of Agricultural
Products.
13-12-13 DIAN: Cir. 1716-2013 (13 Dec. 2013) Ad-Valorem taxes applicable to agricultural products reference their substitutes, agroindustrial products or byproducts.
MinCIT: Decree 2909 of 2013 (17 Dec. 2013) through which the Government
adopted the recommendations made by the Committee in its Triple A sessions 230 April 14, 2011, 241, April 16, 2012, 248, October 30, 2012 and
March 19, 254 2013, amending the Customs Tariff and setting for a term of
three (3) years for annual imports of clean technology vehicles (electric and
hybrid) quotas.
17-12-13 MinCIT: Decree 2910 of 2013 ( 17 Dec. 2013) by which the Government
adopted the recommendation made by the Committee at its meeting Triple A
260 of 17 July 2013 establishing a “Program Development for the Automotive
Industry”, which consists in authorizing the program beneficiary (entity) to
import duty or tariff tax exemption, certain assets with a commitment to incorporate in the production of vehicles and auto parts for sale in the domestic
or foreign market
MinCIT: Circular 034 2013 (23 Dec. 2013) - Resolution 000436, 000437 and
000438 in 2013 - is regulate and administer import quotas for beans, pork
23-12-13 and beef originating in Canada for 2014
MinCIT: Circular 035, 2013 (23 Dec. 2013) - Decree 2859 of 2013 - Amends
part tariff schedule
MinCIT: Circular 036, 2013 (26 Dec. 2013). Distribution and administration of
the export quota of sugar and sugar products within the trade promotion
agreement for Colombia - United States
26-12-13
DIAN: Circular 1723-2013 (26 Dec. 2013) Ad-Valorem taxes applicable to
agricultural products reference their substitutes, agroindustrial products or
byproducts.
SUNAT: Res. № 14-2013/SUNAT/3A0000 - Amends Resolution No. 00828-12-13 2013-SUNAT/3A0000 National Quartermaster and specific
procedure “Entering Notebooks by Airlines Crew” INTA-PE.14.01 (Version 3)
SUNAT: Res. № 15-2013/SUNAT – Applications of Preferences under
29-12-13 agreements signed by Peru under the 1980 Montevideo Treaty INTA-PE
01.12 (ver 3)
Peru
Tariff Classification database
A searchable Tariff Classification Resolution (ruling) database (from 2006 through
the present) is available. It may be searched by the tariff number, resolution
number, or description. The database currently has approximately 7400 resolutions, some with photographs.
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SUNAT and El Peruano publications
The following documents of interest to international traders were posted during
the past month by SUNAT (National Customs Superintendent and Tax Administration) or in the legal standards section of El Peruano (the Official Gazette) (ddmm-yy):
Date
03-12-13
06-12-13
10-12-13
13-12-13
18-12-13
19-12-13
20-12-13
21-12-13
22-12-13
24-12-13
Subject
Foreign Affairs: Agreement between Peru and the Organization for the Prohibition of Chemical Weapons ratified by Sup. Decree № 047-2013-RE
Foreign Affairs: Entry into Force of the Chemical Weapons Convention
SUNAT: Res. № 347-2013/SUNAT Approving standards for issuing air waybills for international transport
Economy and Finance: Vice. Min. Res. № 024-2013-EF/15.01 CIF reference
prices for application of the variable duty rates or tariff reduction referred to in
DS 115-2001- EF corn, sugar, rice, and whole milk power
SUNAT: Res. № 00374-2013-SUNAT/300000 Amends Regulation Scheme
for Gradual implementation of the sanctions of fines, approved by Resolution
of the National Customs Deputy Superintendent No. 473-2012/SUNAT/A
10/12/2013
Economy and Finance: Sup. Decree № 307-2013-EF Amending regulation of
the Customs Law approved by Sup. Decree № 010-2009-EF
SUNAT: Res. № 360-2013/SUNAT approving provisions for implementing
the Register of Members of Agricultural Cooperative and others – Law №
29972
SUNAT: Res. № 00396-2013/SUNAT/300000 Amends the procedure “Authorization and Accreditation of Foreign trade Operators” INTA-PG.24 (ver 2)
Foreign trade and Tourism: Min. res. № 336-2013-MINCETUR Expansion of
the Single Window for Foreign trade - VUCE
Congress: Law № 30131 Act authorizing SUNAT to provide goods
Economics and Finance: Sup. Decree № 318-2013-EF – Updating tables for
goods in the Customs price band system ref. Sup. Decree № 115-2001-EF
Economics and Finance: Vice Min. Res. № 025-2013-EF/15.01 CIF reference prices for variable duty or tariff reduction (DS № 115-2001-EF for imports of corn, sugar, rice and milk
SUNAT: Res. № 362-2013/SUNAT regulate documents issued to agricultural
cooperatives and their members under Law 29972.
SUNAT: Res. № 00407-2013-SUNAT/300000 Approval of Forms temporary
departure baggage, proof of custody and printing of baggage declaration
SUNAT: Res. № 410-2013/SUNAT/300000 General procedure approved for
postal services (INTA-PG-13 (ver.2) and modification of general procedure
“Authorization and Accreditation of Foreign Trade Operators (INTA-PG.24
(ver 2)
INDECOPI: Res. № 297-2013/CFD-INDECOPI Dumping duties on imports of
certain apparel from China (shirts, socks, pants, shorts, polo shits and underwear)
Foreign Affairs: Min. Res. № 1048/RE-2013 relating to UNSC Res. 2128 –
Situation in Liberia
Health: Sup. Decree № 016-2013-SA Amends articles for the regulation,
registration, control and health surveillance of pharmaceutical products, medical devices and health products.
Asia-Pacific
[Please note that material pertaining to the Eurasian Economic Community (EurAsEC) and the new Customs Union between Russia, Belarus and Kazakhstan is
shown under EUROPE.]
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Australia
Customs Amendment (Infringement Notices) Regulation 2013
On 18 December 2013, the Australian Customs and Border Protection Service
(ACBP) released ACBP Notice 2013/67 which announced that the Customs
Amendment (Infringement Notices) Regulation 2013, which was previously released to industry as an exposure draft, was approved by the Federal Executive
Council on 12 December 2013 and will commence on 1 February 2014. The regulation creates a framework for the use of infringement notices where an infringement officer has reasonable grounds to believe that a provision of the Customs Act 1901 (the Act) has been contravened.
Key aspects of the infringement notice scheme (INS) contained in the Regulation
include:
•
when an infringement notice can be issued;
•
the offences for which an infringement notice may be issued;
•
what matters must be included in an infringement notice;
•
the process for seeking a withdrawal of an infringement notice; and
•
the process for seeking to extend the period for payment of the penalty.
The previous Customs Act INS and INS Guidelines continue to apply where the
date of the alleged offence is prior to 1 February 2014, even if the infringement
notice is issued on or after 1 February 2014.
A person can be given an infringement notice in relation to a contravention of a
provision of the Act that is subject to an infringement notice under the Schedule.
A person who is given an infringement notice can choose to pay an amount as an
alternative to having court proceedings brought against the person for a contravention of a provision subject to an infringement notice under the Schedule. If the
person does not choose to pay the amount, proceedings can be brought against
the person in relation to the contravention.
On 18 October 2013, ACBPS released an exposure draft of the Customs
Amendment (Infringement Notices) Regulation 2013 and associated draft INS
Guide for industry comment (see ACBPN 2013/52 refers). Several members of
the trading community provided comments, with most comments focussed on the
draft Guide rather than the Regulation. An updated INS Guide, incorporating aspects of the industry feedback, will be published on the ACBPS website before
commencement of the Regulation. ACBP has included additional information in
the Regulation’s Explanatory Statement in response to some of the feedback provided by industry regarding the Regulation itself.
Import Processing Charges Amendment Bill passes Parliament
Australian Customs and Border Protection (ACBP) Notice 2013/66 dated 13 December 2013, announced that the Import Processing Charges Amendment Bill
2013 has passed both Houses of Parliament. It is expected that Royal Assent will
be completed shortly. The Bill amends the Import Processing Charges Act 2001
to increase the import processing charges (IPC) for air, sea and post consignments with a value of $10,000 or more. The current IPC for consignments valued
at more than $1,000 and less than $10,000 will continue to apply. There will continue to be no IPC for consignments valued at $1,000 or less. These changes in51
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troduce a two-tiered schedule of charges that will come into effect on 1 January
2014. ACBP Notice 2013/63 (1 December 2013) “Import Processing Charges
Amendment Bill 2013” provides background information on these changes.
The revised schedule of charges is summarized in the table below:
Import Declaration
Import (N10) Warehouse (N20)
Electronic
Documentary
Import
Consignment
Value
More than A$1,000
but less than
A$10,000
Sea A$50.00
Air! Post A$40.20
A$10,000 or more
Sea A$152.60
Air / Post A$122.10
Sea A$65.75
Air / Post A$48.85
Sea A$152.60
Air! Post A$122.10
Paid By
The owner, when
the declaration is
communicated to
ACBPS
The owner, when
the declaration is
communicated to
ACBPS.
Transitional Scenarios
•
For all consignments valued at more than A$1,000 but less than $10,000, the current import processing charges will continue to apply.
•
For all consignments valued at A$10,000 or more, the following rules apply:
o
Where a Full Import Declaration (FID) is lodged and paid (version 1) before 1
January 2014, and then amendment (version 2) on or after 1 January 2014,
the 2013 IPC rates apply.
o
Where a FID is lodged before 1 January 2014, and then paid (version 1) on
or after 1 January 2014, the 2013 IPC rates apply.
o
Where a FID is lodged before 1 January 2014, and then amendment and
prepayment (version 2) on or after 1 January 2014, the new 2014 IPC rates
apply.
o
Where a FID is lodged on or after 1 January 2014, the new 2014 IPC rates
apply.
ACBP clarifies requirements for authorized agents
ACBP Notice 2013/64 dated 6 December 2013 clarified the legislative requirements for those persons purporting to act on behalf of the owner of goods imported into Australia. This Notice replaces Australian Customs Notice No. 2007/56,
which has been withdrawn. The Notice states in pertinent part:
The Customs Act 1901 (the Act) provides that only the owner of goods or a customs
broker licensed by the Chief Executive Officer (CEO) of Customs can submit an import
declaration to import goods. Section 180 of the Act specifically provides that a customs broker means a person who holds a broker’s licence that is in force. These requirements do not apply to the making of an export entry or self-assessed clearance
(SAC) declaration under section 71AAAF of the Act.
Because of the complexity of the laws governing the importation of goods into Australia (similar to those of most other countries) and the potential financial and other implications of lodging an incorrect entry, most importers of goods choose to engage or allow, either explicitly or implicitly, a licensed customs broker to act on their behalf.
A person who submits an import declaration and is not the owner of the goods or a licensed customs broker commits an offence, which carries a maximum penalty of 30
penalty units for a natural person or 150 penalty units for a body corporate (sections
181(4) and (5)).
Section 181 appears to contemplate that the owner of the goods would authorise the
licensed customs broker in writing to act on their behalf before the customs broker ac52
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tually enters the goods for home consumption in order to be capable of complying with
the requirements of the Act.
However, it is ACBPS’s view that section 181 must be construed in the context of other provisions in Division 2 of Part XI of the Act, including section 183. Section 183 provides that where a person holds himself or herself out as an agent of an owner of
goods, that person is deemed to be the owner of the goods. In such circumstances,
the person acting as if he or she were the agent may become liable for any duty payable on the goods. There is no penalty for holding oneself out as an agent, per se.
Further, it is open to ACBPS to require a person who claims to be an agent of the
owner of goods to produce written authority from the owner authorising the person to
act as an agent (section 182). If the purported agent fails to produce the written authority, the Customs officer may refuse to recognise their authority, which could delay
the release of the goods. These provisions do not create any other penalty where an
agent purports to act on behalf of an owner who has not provided written authorisation.
The Notice also discusses an increasingly common practice for freight forwarders
and others who are not licensed Customs Brokers to describe their businesses as
customs brokerages and to advertise that the services they provide include customs brokerage.
ACBP states that it is its view that
… a business that describes itself as a customs brokerage or that claims that it provides customs brokerage services is asserting that it holds a corporate, partnership or
sole trader licence as a customs broker and that it has as its nominees individuals who
are licensed customs brokers.
Freight forwarders and other businesses that are not themselves licensed customs
brokers can arrange for the provision of customs brokerage services for their clients by
a licenced customs broker. When they make such arrangements, they should not describe themselves as a customs brokerage or use similar terms that indicate that they
provide customs brokerage services themselves.
However, they can claim that they arrange or organise the provision of customs brokerage services by independent licensed Customs Brokers.
Australia, Korea conclude FTA negotiations
On 5 December 2013, the Australian Government announced that Australia has
concluded negotiations for a Free Trade Agreement (FTA) with the Republic of
Korea, its third-largest goods export market and fourth-largest trading partner.
The announcement stated:
As a result of the Agreement, tariffs will be eliminated on Australia’s major exports to
Korea and there will be significant new market openings in services and investment.
The FTA translates to higher economic growth and more jobs for Australians.
As part of the FTA, tariffs of up to 300 per cent will be eliminated on key Australian agricultural exports such as beef, wheat, sugar, dairy, wine, horticulture and seafood, as
well as resources, energy and manufactured goods.
The FTA will also provide new market opportunities in Korea for Australian services in
education, telecommunications and a range of professional services including financial, accounting and legal services.
The benefits of the FTA start flowing immediately and will be long-lasting. Independent
modelling shows the Agreement would be worth $5 billion between 2015 and 2030
and boost the economy by around $650 million annually after 15 years.
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Agricultural exports to Korea will be 73 per cent higher after 15 years as a result of the
FTA and overall exports to Korea will be 25 per cent higher resulting in the creation of
more than 1700 jobs.
Australian automotive suppliers would benefit from the immediate removal of tariffs as
high as eight per cent; the wine industry from tariffs of 15 per cent and Australian
wheat growers, potato farmers and cherry, grape and mango producers would all
stand to benefit.
The Agreement also opens up opportunities for creative collaboration between Australia and Korea with producers able to develop screen content for the international
marketplace.
The FTA secures Australia’s position in a major market where competitors like the
United States, European Union and ASEAN countries are already benefitting from
preferential access.
ACBP notices and advices
The following ACBP Notices (ACN) (other than anti-dumping and countervailing
duty) and Cargo advices (ACCA) were issued during the period covered by this
Update:
Date
Series and №
Title
01-12-13
06-12-13
13-12-13
ACN 2013/63
ACN 2013/64
ACN 2013/66
18-12-13
ACN 2013/67
Import Processing Charges Amendment Bill 2013
Authorised Agents
Changes to the Import Processing Charge
Customs Amendment (Infringement Notices) Regulation
2013
Australian Tariff Precedents
The Australian Customs and Border Protection Service (ACBP) publishes and
posts its Tariff Precedent Files. Tariff Precedents are considered statements from
Customs made to provide guidance on various classification issues.
China (including Hong Kong SAR)
MOFCOM and GAC notices
The following Ministry of Commerce (MOFCOM) and General Administration of
Customs (GAC) notices were posted during the period covered by this Update
(mm-dd-yy):
Date
Series and №
Termination of ADD/CVD investigation against US
cars and SUVs
MOFCOM and GAC
2014 wool, wool tops import tariff quota implementa№ 86, 2013
tion rules the country
MOFCOM № 87, 2013 Cross border direct foreign investment
Notice of initiation of WTO dispute ruling re: US
MOFCOM № 88, 2013
ADD/.CVD imposed on chicken products
2014 annual requirements for automobiles, motorcyMOFCOM (and Others)
cles, off-highway motorcycles and all-terrain vehicles
№ 90, 2013
List export companies permit conditions
MOFCOM № 92, 2013 2014 export quota bidding for “rush” products
12-13-13 MOFCOM № 85, 2013
12-02-13
12-03-13
12-25-13
12-06-13
12-09-13
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Subject
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Date
Series and №
MOFCOM № 93, 2013
12-26-13 MOFCOM notice
[no №]
12-27-13 MOFCOM № 94, 2013
Subject
2014 list of citric acid (salt) exporting enterprises
2014 annual licorice and licorice products export quota
for the first time
2014 list of companies Ferroalloy Export License conditions
Antidumping and Countervailing Duty Cases
India
Other CBEC notifications, circulars and instructions
The following Central Board of Excise and Customs (CBEC) Customs notifications (NT-non tariff, T-tariff), circulars (Circ) and instructions (other than antidumping, countervailing duty and safeguard, or personnel matters) were issued
during the period covered by this Update:
Date
Series and №
12-12-13 Instruction
13-12-13 № 130/13-Cus (NT)
16-12-13 № 50/2013-Cus.(T)
20-12-13 № 51/2013-Cus.(T)
26-12-13 № 53/2013-Cus.(T)
30-12-13 Cir. № 44/2013-Cus.
№ 54/2013-Cus.(T)
№ 55/2013-Cus.(T)
31-12-13
№ 56/2013-Cus.(T)
№ 57/2013-Cus.(T)
№ 133/2013-Cus. (NT)
№ 134/2013-Cus.(NT)
Cir. № 45/2013-Cus.
Subject
Re: Reduction of Government litigation - providing
monetary limits for filing appeals by the Department
before CESTAT/High Courts and Supreme court
Amends tariff value for various commodities
Further amendments to 10/2008 relating to goods from
Singapore
Amends table in 12/2012
Amends Not. № 12/2012- Customs, dated 17 March,
2012
Exemption from Special Additional Duty of Customs
(SAD) on goods cleared from the SEZ / FTWZ into the
DTA – Clarification
Substitutes table to Not. № 152/2009-Customs, dated
31 December, 2009 [Exemption of Customs duty on
certain goods when imported into India from the Republic of Korea]
Amends Not. № 69/2011-Customs dated 29 July, 2011
[exemption to specific goods when imported into India
from Japan]
Substitutes table to Not. № 53/2011-Customs, dated 1
July, 2011 [concession to specified goods imported
from Malaysia under India-Malaysia CECA]
Substitutes table to Not. № 46/2011-Customs, dated 1
June, 2011 [duty concessions to Philippines and other
ASEAN countries in view of ASEAN- India FTA
(AIFTA)]
Customs Baggage Declaration (Amendment) Regulations, 2013
Amends tariff value for various commodities
Handling of Cargo in Customs Area Regulations,
(HCCAR) 2009
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Indonesia
Amendment to Regulation on Importation of Certain Products Cosmetics are now subject to verification and technical inspection
The Ministry of Trade of the Republic of Indonesia issued Regulation No.61/MDAG/PER/9/2013, Amendment of Ministry of Trade Regulation No.83/MDAG/PER/12/2012 regarding Importation of Certain Products (“Permendag
61/2013”), which became effective on 30 September 2013. Through this regulation, the government is aiming to increase stability, improve the business climate,
and improve importation administration.
Permendag 61/2013 introduced several changes to the preceding regulation, in
particular related to product verification, a new designated port of loading and
new product exemptions.
Every importation of certain products must be verified and/or go through a technical inspection by the surveyor at the port of loading. Under Article 10 of Regulation No.83/M-DAG/PER/12/2012, product verification and technical inspection
was not required for import of cosmetic products. However, in Permendag
61/2013, this exemption has been removed. So cosmetic products would be subject to below verification and technical inspection.
The verification and technical inspection cover the following areas:
•
information or data on state and the port of loading;
•
time of shipment;
•
port of destination;
•
Tariff Post;
•
HS and description of goods;
•
number of SNI Marking Product Certificate (SPPT-SNI) for the compulsory SNI
products; and
•
number of Certificate of Analysis (CoA) for certain required products.
The last two items in this list were not in the previous regulation. They were added to increase the supervision of goods and service circulation with the aim of
protecting consumers and securing the domestic market from unfair competition.
Goods with poor quality and that are not in accordance with Indonesian standards
cannot be imported. As a consequence, imported products must be adjusted with
the prevailing SNI before they can be marketed in Indonesia.
Permendag 61/2013 also revised the list of port through which certain products
could be imported. In addition, Permendag 61/2013 introduced an additional
product exemption to those that already existed, an exemption for electronic
products.
For further information please contact, Wimbanu Widyatmoko, Managing Partner,
Mochamad Fachri, Partner or Riza Fadhli Buditomo, Senior Associate, Hadiputranto, Hadinoto & Partners (a member firm of Baker & McKenzie International).
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Increase on Import Income Tax - Higher Consumer Products Price
As a part of Economic Policy Package Volume II, the Ministry of Finance issued a
new regulation to improve the balance of transactions, maintain rupiah exchange
rate, and reduce the import of certain goods. Minister of Finance Regulation
Number 175 of 2013 on the Third Amendment of Ministry of Finance Regulation
Number 154 of 2010 on Collection of Income Tax Article 22 with Regard to Payments on Delivery of Goods and Import Activities or Other Business Activities
(“Regulation 175”) was issued on 5 December 2013 and will come into effect in
the first week of January 2014.
The regulation contains the following main provisions:
1. The tariff of Import Income Tax on certain products is increased from 2.5% to 7.5%;
and
2. The 7.5% tariff applies to goods not related with production input, goods not triggering inflation, and consumption goods with a high import value.
3. The new tariff applies to 502 types of goods based on the Indonesian Customs Tariff Book (BTKI).
For further information please contact, Wimbanu Widyatmoko, Managing Partner,
Mochamad Fachri, Partner or Riza Fadhli Buditomo, Senior Associate, Hadiputranto, Hadinoto & Partners (a member firm of Baker & McKenzie International).
Regulations
The following import or export regulations were issued by the Ministry of Trade (T)
or the Ministry of Finance (F) during December 2013 (dd-mm-yy).
Date
05-12-13
Reference
175/PMK.011/2013
176/PMK.04/2013
06-12-13
177/PMK.04/2013
09-12-13
178/PMK.04/2013
04/M-DAG/ED/12/2013
27-12-13
57
80/M-DAG/PER/12/2013
82/M-DAG/PER/12/2013
Matter
(F) Third Amendment to Regulation of the Minister of
Finance No. 154/PMK.03/2010 on Income Tax Collection With respect to Article 22 Payment for Delivery of Goods and Activities on Import or Other Business Activities in the Field
(F)Amendment to the Regulation of the Minister of
Finance No. 254/PMK.04/2011 on the exemption
from import duty on the import of goods and materials to be processed, manufactured, or installed on
other goods for export purpose
(F)Amendment to the Regulation of the Minister of
Finance Number of Returns 253/PMK.04/2011 Duty
on Import of Goods and Materials for processed,
assembled, or installed on other goods for export
purpose
(F) Imposition of Customs Tariff Scheme In Asean
Trade in Goods Agreement (ATIGA) By Using Self
Certification System (Self Certification).
(T) Extension of Approval of Mining Products Export
(T) Top Export Reference Price of Agricultural and
Forestry Products subjected Duty
(T) Export Reference Price Top Products Mining
subjected Duty
Baker & McKenzie
Malaysia
Federal Government Gazette
The following documents were published in the Warta Kerajaan Persekutuan Federal Government Gazette (dd-mm-yy):
Date
Reference
09-12-13 P.U. (A) 353/2013
P.U. (A) 354/2013
12-12-13 P.U. (A) 355/2013
P.U. (A) 356/2013
19-12-13 P.U. (A) 360/2013
24-12-13 P.U. (A) 371/2013
26-12-13 P.U. (A) 372/2013
27-12-13 P.U. (A) 378/2013
P.U. (A) 380/2013
30-12-13
P.U. (A) 381/2013
P.U. (A) 382/2013
P.U. (A) 385/2013
P.U. (A) 386/2013
P.U. (A) 387/2013
31-12-13
P.U. (A) 390/2013
P.U. (B) 492/2013
Matter
Customs (Prohibition of Imports) (Amendment) (No. 4) Order 2013 - Customs Act 1967
Customs (Values) (Crude Petroleum Oil) (No. 25) Order
2013 - Customs Act 1967
Customs (Values of Imported Completely Built-Up Motor
Vehicles) (New) (Amendment) (No. 2) Order 2013 - Customs Act 1967
Customs (Values of Imported Completely Built-Up Motor
Vehicles) (Used) Order 2013 - Customs Act 1967
Customs (Prohibition of Imports) (Amendment) (No. 5) Order 2013 - Customs Act 1967
Customs Duties (Exemption) Order 2013 - Customs Act
1967
Customs (Values) (Crude Petroleum Oil) (No. 26) Order
2013 - Customs Act 1967
Customs Duties (Goods Under the Agreement Establishing
The ASEAN-Australia-New Zealand Free Trade Area) Order 2013 - Customs Act 1967
Customs Duties (Goods of ASEAN Countries Origin)
(ASEAN Harmonised Tariff Nomenclature and ASEAN
Trade In Goods Agreement) (Amendment) Order 2013
- Customs Act 1967
Customs Duties (Goods Under the Framework Agreement
on Comprehensive Economic Co-Operation Among the
Government of the Member Countries of the Association of
Southeast Asian Nations and the Republic of Korea)
(Amendment) Order 2013 - Customs Act 1967
Trade Descriptions (Goods Made From Any Part of Pig or
Dog) Order 2013 - Trade Descriptions Act 2011
Customs (Values) (Palm Oil) (No. 13) Order 2013 - Customs Act 1967
Customs (Prohibition of Exports) (Amendment) (No. 3) Order 2013 - Customs Act 1967
Customs (Values) (Palm Kernel) (No. 13) Order 2013
- Customs Act 1967
Customs (Anti-Dumping Duties) (No. 4) Order 2013 - Countervailing And Anti-Dumping Duties Act 1993 and
- Customs Act 1967
Notice of Affirmative Final Determination of An AntiDumping Duty Investigation With Regard to Imports of Seven Wires Pre-Stressed Concrete Strand Originating or Exported From the People’s Republic of China - Countervailing and Anti-Dumping Duties Act 1993
Customs rulings
Monthly compendiums of Customs classification rulings (with images where
available) are available on the recently redesigned Royal Malaysian Customs Department website. Although the rulings are written in Malay, the product is usually
listed in English and there are often English language descriptions and references
to rulings in English from other Customs administrations. The rulings may be
found under the topic: Keputusan Ketetapan Kastam.
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New Zealand
New import controls on high-power laser pointers
The New Zealand Customs Service (NZCS) e-Newsletter Customs Release for
20 December 2013, reports that two new laws have been passed which introduce
new regulatory controls on high-power laser pointers to better manage the health
and safety risks from these devices. The new controls, which come into force on 1
March 2014, cover the importation, supply, and acquisition of high-power laser
pointers.
•
The Custom Import Prohibition (High-power Laser Pointers) Order 2013 restricts
the importation of high-power laser pointers to those people who have received
consent from the Director-General of Health to import them.
•
The Health (High-power Laser Pointers) Regulations 2013 restrict the supply of
high-power laser pointers to those who are authorised suppliers and also restricts
the acquisition of such devices to those who are authorised recipients.
Anyone will have to apply in writing to the Director-General of Health to get consent to import high-power laser pointers, or become an authorised supplier or recipient. The application process is being finalised and application forms will be
available on the Ministry’s website in January 2014.
The controls will only apply to hand-held laser pointers with a power output of
greater than 1 milliwatt. The controls do not apply to other more sophisticated laser devices (eg, surveying instruments). More information about laser pointers in
general, and the new controls, is available on the Ministry of Health’s website.
Declaration & Certificate formats for ANZTEC agreement with Chinese Taipei
The New Zealand Customs Service (NZCS) e-Newsletter Customs Release for
20 December 2013, advises that traders under ANZTEC may assist their client
importers to access preference under ANZTEC by providing a declaration or a
certificate of origin.
Under ANZTEC, declarations can be made by the exporter, producer, supplier,
importer, or competent person on the face of the export invoice or other document
relating to the goods. Certificates of origin can be completed by the exporter,
producer, supplier, importer, or other competent person.
Exporters should approach their importer to see what form of evidence they prefer. The format for a declaration or certificate and guidelines, as set out in
ANZTEC, can be found here.
New Zealand issues ANZTEC regulations
On 11 November 2013, the Customs and Excise (Rules of Origin for ANZTEC
Goods) Amendment Regulations 2013 (the ANZTEC Regulations) were issued.
The ANZTEC Regulations, which came into force on 1 December 2013, amended
the Customs and Excise Regulations 1996 (the principal regulations) to prescribe
rules of origin and product specific rules for goods imported from the Separate
Customs Territory of Taiwan, Penghu, Kinmen, and Matsu (Chinese Taipei). The
rules of origin and product specific rules give effect to the Agreement between
New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen,
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and Matsu on Economic Cooperation done at Wellington on 10 July 2013
(ANZTEC).
The rules of origin and the product specific rules in ANZTEC are incorporated into
the principal regulations by reference. Access to the provisions incorporated by
reference is also facilitated by the chief executive of the New Zealand Customs
Service in the other ways required by section 287D of the Customs and Excise
Act 1996.
The New Zealand Commerce and Industry Office prepared the following background information about ANZTEC:
While New Zealand and Chinese Taipei do not have diplomatic relations, New Zealand’s one China policy allows the full pursuit of trade, economic and cultural links with
Chinese Taipei. Accordingly, Chinese Taipei has for a number of years been an important market for New Zealand goods and services exporters. Its import regime, like a
number of others in North Asia, was heavily protected against imports of agricultural,
fisheries and forestry products.
Major liberalisation occurred in 2001 when Chinese Taipei joined the WTO as the
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei).
Over the years considerable work has been done analysing the potential impact of a
bilateral trade liberalisation agreement and assessing potential interest in such an
agreement from the Chinese Taipei authorities. In the meantime New Zealand has negotiated a Free Trade Agreement with China and a Closer Economic Partnership with
Hong Kong.
Negotiations on ANZTEC commenced in May 2012 following the completion of independent Feasibility Studies and a Joint Study by the New Zealand Commerce and Industry Office in Taipei and the Taipei Economic and Cultural Office in Wellington. These studies concluded that a high quality economic cooperation agreement (ECA) between the two parties was feasible, and would bring significant benefits to both sides.
ANZTEC was signed in Wellington on 10 July 2013 and entered into force on 1 December 2013.
Change in entry period for visiting yachts and small craft
New Zealand Customs Service E-Newsletter (Issue 236 of 13 December 2013)
announced that from 11 December 2013, the temporary entry period for super
yachts, yachts and small craft visiting New Zealand has changed from 12 to 24
months.
Visiting vessels are granted a temporary entry to exempt owners from paying Customs
charges, provided they are not used commercially or sold, and depart within the time
period.
The process and criteria remain the same. Find out more about the arrival of private
yachts and small craft. Customs Fact Sheet 32 - Arrival of yachts and small craft in
New Zealand also details the temporary entry requirements.
The change in entry period allows yacht-owners additional time to get vessel repairs
and refits done, and has been done in conjunction with the NZ Marine Industry Association.
Those wanting to stay longer than two years should contact Customs. These requests will be treated on a case-by-case basis.
Updated Synthetic Greenhouse Gas (Goods) Levy effective 1 January 2014
New Zealand Customs Service E-Newsletter (Issue 236 of 13 December 2013)
announced that From 1 January 2014, new levy rates will apply to the Synthetic
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Greenhouse Gas (Goods) Levy. The new rates are provided for in the Climate
Change (Synthetic Greenhouse Gas Levies) Amendment Regulations (No.2)
2013.
The new Synthetic Greenhouse Gas (SGG) levy rates are available on the New Zealand Legislation website. The new levy rates will be incorporated into Schedule 2 of
the principal regulations (the Climate Change (Synthetic Greenhouse Gas Levies)
Regulations 2013). This is expected to happen by 3 February 2014.
The levy applies to a range of imported goods including fridges, freezers, heat pumps,
air-conditioners, and refrigerated trailers. It is linked to the price of carbon and varies
between items to reflect the amount of gas, the specified gas and its global warming
potential.
Click here for more information
Fact Sheets issued, revised
During the period covered by this Update the New Zealand Customs Service issued the following new or revised Fact Sheets:
•
Fact Sheet 48 Agreement Between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation (ANZTEC): Information About the Rules of Origin (Nov. 2013)
Saudi Arabia
Saudi Food and Drug Authority to start electronic customs clearance
The US Foreign Agricultural Service (FAS), in a Global Agricultural Information
Network (GAIN) Report dated December 8, 2013, reports that in November 2013,
the Saudi Food and Drug Authority (SFDA) posted on its webpage a notice stating that it will fully implement a mandatory electronic customs clearance system
(E-Clearance) for all food products imported into the Kingdom starting on January
1, 2014. It is the FAS’ understanding that this procedure includes prepackaged
food products as well as raw materials, The SFDA has indicated that it will not
st
process any customs clearance requests after January 1 unless it is submitted
through the E-Clearance system. Saudi Arabia has not formally notified its trading
partners of the new E-Clearance requirements of food imports
The SFDA has been working on the preparation of the new E-Clearance system
since June 2011, and has asked all importers of food products to register in its EService website. The registration of imported food items is the responsibility of the
local importers. Each importer is required to open an E-Account and set up individual user name and password. Once the E-Account is created, the importers
can upload their food products information, including harmonized code (HS
Code), bar code, item code, and listed ingredients in English and Arabic as well
as copy of the product labels. The product label must contain all information required by the Gulf Standard regulation № GSO 9 “Labeling of Prepackaged Food
Stuffs”. Importers are also required to register coordinates of their warehouses,
name of authorized contact persons to deal with SFDA, including customs brokers contracted in each Saudi port of entry. Importers are required to register all
food products they intend to import, even if the products they bring have been
already registered by another importer. The electronic registration with the SFDA
is free of charge and there is no expiry date for the registration. Importers, however, are required to re-register their products when there are changes in products formulations or labels. According to FAS trade contacts, the registration pro61
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cess seems to be simple and can be quickly completed if needed information is
readily available and required documents are uploaded.
Europe
European Union and EFTA
Generalised tariff preferences regulation revised
On 31 December 2013, the Official Journal published Commission Delegated
Regulation (EU) No 1421/2013 of 30 October 2013 amending Annexes I, II and IV
to Regulation (EU) No 978/2012 of the European Parliament and of the Council
applying a scheme of generalised tariff preferences. The Delegated Regulation
revises the list of eligible countries in Annex I to take account of changes in the
international status or classification of countries. In accordance with criteria for the
granting of tariff preferences under the general arrangement of the Generalised
Scheme of Preferences (GSP), a country that has been classified by the World
Bank as a high or an upper-middle income country for three consecutive years
should not benefit from such preferences. Annex II revises the list of GSP beneficiary countries based on that criteria. Annex IV revises the list of countries identified by the UN as least- developed countries which should benefit from the tariff
preferences under the special arrangement for the least-developed countries
(EBA – “Everything But Arms”).
•
Croatia is removed from Annex I, having joined the EU on 1 July 2013;
•
South Sudan is added to Annexes I, II, and IV
•
Myanmar/Burma is removed from the tables in Annexes I, II and IV that refer to
countries which have had eligibility temporarily withdrawn from the various programmes.
•
China, Ecuador, the Maldives and Thailand are removed from Annex II as from
one year after entry into force of the Delegated Regulation.
•
Maldives is removed from Annex IV
Council issues Decision on the association of the overseas countries and territories with the European Union
On 19 December 2013, the Official Journal published Council Decision
2013/755/EU of 25 November 2013 on the association of the overseas countries
and territories with the European Union (‘Overseas Association Decision’). The
Treaty on the Functioning of the European Union (TFEU) and its secondary legislation do not automatically apply to the Overseas Countries and Territories
(OCTs), with the exception of a number of provisions which explicitly provide for
the contrary. Although not third countries, the OCTs do not form part of the single
market and must comply with the obligations imposed on third countries in respect of trade, particularly rules of origin, health and plant health standards and
safeguard measures.
The Overseas Association decision moves the special relationship between the
Union and the OCTs away from a classic development cooperation approach to a
reciprocal partnership to support the OCTs’ sustainable development, based on
their unique relationship and their belonging to the same ‘European family’. The
Decision establishes an association of the OCTs with the Union (the ‘association’), which constitutes a partnership, based on Article 198 TFEU, to support the
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OCTs’ sustainable development as well as to promote the values and standards
of the Union in the wider world. It applies to OCTs listed in Annex II to the TFEU.
The Decision covers cooperation between the EU and OCTs in many areas such
as, climate change and energy, sustainable trade, sanitary and phytosanitary
measures, IPR, competition, technical trade barriers, consumer policy and health
protection, monetary matters, Customs, rules of origin, etc. Annex VI to the Decision contains provisions relating to the definition of ‘originating products’ and territorial requirements as well as cumulation, registration of exporters and other rules
of origin requirements.
Rules of origin for crystalline silicon photovoltaic modules or panels
On 18 December 2013, the Official Journal published Commission Implementing
Regulation (EU) No 1357/2013 of 17 December 2013 amending Regulation
(EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code. This
Regulation establishes a detailed rule for the determination of the origin regard to
crystalline silicon photovoltaic modules or panels and one of their key components, crystalline silicon photovoltaic cells.
The production process of crystalline silicon photovoltaic modules or panels can be divided into the following major steps: production of silicon wafers; processing of silicon
wafers into crystalline silicon photovoltaic cells; assembly of several crystalline silicon
photovoltaic cells into a crystalline silicon photovoltaic module or panel.
The most important stage in the manufacture of the crystalline silicon photovoltaic
panels or modules is the processing of silicon wafers into crystalline silicon photovoltaic cells. That is the decisive production stage during which the use to which the component parts of the panel or module are to be put becomes definite and where they
are given their specific qualities.
That transformation therefore should be considered as constituting the last substantial
transformation in the production process of crystalline silicon photovoltaic modules or
panels in accordance with Article 24 of Regulation (EEC) No 2913/92. The country of
manufacture of the crystalline silicon photovoltaic cells should thus be the country of
non-preferential origin of the crystalline silicon photovoltaic modules or panels.
The detailed rules are necessary because EU’s non-preferential rules of origin are
to be applied to all non-preferential trade policy measures, including anti-dumping
and countervailing duties. In Article 24 of Regulation (EEC) No 2913/92, the basic
principle is laid down that goods whose production involved more than one country are to be deemed to originate in the country where they underwent their last,
substantial, economically justified processing or working in an undertaking
equipped for that purpose and resulting in the manufacture of a new product or
representing an important stage of manufacture.
The declaration for free circulation of crystalline silicon photovoltaic modules or
panels and their key components has been made subject to provisional antidumping duties by Commission Regulation (EU) No 513/2013, and therefore uniform rules are needed.
Forms for Customs enforcement of IPR
Regulation (EU) No 1352/2013 of 4 December 2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the
Council concerning Customs enforcement of intellectual property rights.
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Commission proposes a common approach to violations of EU customs law
On 13 December 2013, the European Commission announced that it has proposed a framework to harmonise customs infringements and align the 28 national
sets of related sanctions (COM (2013) 884). The announcement states, in part:
… Since the beginning of the Internal Market, EU customs legislation has been fully
harmonised in a single legal act. However, the consequences of violating the common
rules vary across the customs union. They depend on the 28 different legal orders and
administrative or judicial traditions of the Member States. In the absence of a common
approach, there is a patchwork of responses to rule-breakers.
***
Currently Member States have widely differing definitions for customs infringements,
and apply different types and levels of sanctions. For example, sanctions for certain infringements range from small fines in some Member States, to imprisonment in others.
The financial threshold for deciding whether an infringement is criminal or not ranges
from €266 to €50 000, according the country it occurs in. National time limits for sanctioning customs offences also vary widely, from 1 to 30 years, while some Member
States have no time limit at all.
***
To address this problem, [the Commission] proposal sets down a common list of acts
that constitute breach of EU customs rules. These are differentiated by the level of severity, and some are categorised as to whether there was intent or negligence. Examples of the listed infringements include non-payment of customs duties, failure to declare goods to customs, falsifying documents to obtain preferential treatment, removing goods from customs supervision without authorisation, or failing to present the
proper documentation. Inciting, aiding and abetting an infringement is also punishable.
The proposal then sets out a scale of effective, proportionate and dissuasive sanctions
to be applied, depending on the infringement. These range from a fine of 1% of the
value of goods for inadvertent or administrative errors, to a fine of 30% of the value of
the goods (or €45 000 if not related to specific goods) for the most serious breaches.
When applying sanctions, Member States must also consider the nature and circumstances of the infringement, including the frequency and duration, whether a “trusted
trader” is involved, and the amount of evaded duties. Harmonised time limits are set
for pursuing breaches, and administrative procedures will have to be suspended if a
criminal procedure is opened on the same case.
Council suspends duties on jet fuel imports
On 9 December, the Council of the European Union announced that it had adopted a regulation that amends regulation 2658/87 on the common customs tariff,
removing duties (currently 4.7%) on jet fuel imports for a period of five years as
from 1 January 2014. The suspension of duties for jet fuel will avoid an increase
of price that would otherwise have occurred because of a change in the generalised tariff preferences scheme.
Currently, a large percentage of jet fuel imports to the Union originate in countries
that have benefitted from preferential access to the Union market, and thus in
practice the imports have been duty-free. However, from 1 January 2014, a number of exporting countries of jet fuel will cease to benefit from preferential access
to the Union market under the new scheme of generalised tariff preferences. The
imposition of customs duties on jet fuel from those suppliers would likely cause an
increase in the price of jet fuel in the EU as it is not economically viable for refineries in the EU to increase their production of aviation fuel to any significant degree. [see “Amendments to the Common Customs Tariff” below.]
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European Commission transmits HSC amendments
On 5 December 2013, the Official Journal published a Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the
classification of goods in the customs nomenclature (2013/C 355/01) which advised that Binding Tariff Information ceases to be valid from 5 December if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures: Amendments to the Harmonised
System Explanatory Notes and the Compendium of Classification Opinions, approved by the Customs Cooperation Council (CCC doc. NC1874 — report of the
51st Session of the Harmonised System Committee). The affected HS numbers
were included in the Communication.
Georgia and Moldova agree to closer ties with the EU
On 29 November the European Commission announced that the EU had initialled
Association Agreements with Georgia and Moldova in Vilnius. The Agreements
will set up Deep and Comprehensive Free Trade Areas (DCFTAs). The trade part
covers trade in goods, including tariff elimination or reduction, further opening of
the services markets, improvement of establishment conditions for investors, facilitation of customs procedures, anti-fraud measures and trade defence instruments.
Georgia and Moldova commit to bring their legislation closer to that of the EU in a
wide number of regulatory policy areas, such as rules for export of agricultural
goods and food safety in general, regulations for industrial products and conformity assessment, management of customs, including enforcement of intellectual
property rights at the border, rules on public procurement and wide alignment to
the EU rules in services areas. The DCFTA is estimated to increase Georgia’s
and Moldova’s GDP by 4.3% and 5.4% respectively.
The negotiations on the trade part of the Association Agreements started with
both countries in February 2012 and were concluded with Moldova in June 2013
and with Georgia in July 2013. This paved the way to the official closure of the
negotiating process with the initialling ceremony on 29 November in Vilnius.
EU FTA deal with Guatemala becomes operational
On 29 November 2013, the European Commission announced that as of 1 December, EU’s trade deal with Guatemala became operational. Guatemala is the
last Latin American country to benefit from the EU-Central America agreement as
the deal is already implemented with the other five countries (Costa Rica, El Salvador, Nicaragua, Honduras and Panama). The trade partnership is opening up
new markets and simplifies rules which will boost trade and investment on both
sides. The Central America economy is expected to grow by over €2.5 billion per
year now that the agreement applies to the entire region.
Commission establishes tests for classifying uncooked seasoned
poultry
Regulation (EU) No 1362/2013 of 11 December 2013 laying down the methods
for the sensory testing of uncooked seasoned poultry meat for the purposes of its
classification in the Combined Nomenclature.
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Additional Note 6(a) to Chapter 2 of the Combined Nomenclature annexed to
Regulation (EEC) No 2658/87 defines ‘uncooked seasoned meat’ as ‘uncooked
meat that has been seasoned either in depth or over the whole surface of the
product with seasoning either visible to the naked eye or clearly distinguishable
by taste’.
The Implementing Regulation lays down methods for determining whether or not
uncooked poultry meat is seasoned within the meaning of Additional Note 6(a) to
Chapter 2 of the Combined Nomenclature, in order to ensure that customs authorities apply a uniform approach for the purposes of customs classification.
The methods to verify whether uncooked poultry meat is seasoned or not consist
of, firstly, a visual examination and, secondly, the tasting of a sample where the
visual examination method does not lead to conclusive results.
Amendments to the Common Customs Tariff
On 13 December 2013, the Official Journal published Council Regulation (EU) No
1325/2013 of 9 December 2013 amending Annex I to Regulation (EEC) No
2658/87 on the tariff and statistical nomenclature and on the Common Customs
Tariff which suspends for 5 years the customs duty on jet fuels.
Also, on 13 December 2013, the Official Journal published Council Regulation
(EU) No 1326/2013 of 9 December 2013 amending Annex I to Regulation (EEC)
No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff which simplifies both the Combined Nomenclature and the tariff structure for certain sanitary articles classified under heading 9619, in order to implement four categories of products (instead of eight), each of them associated with
a single autonomous rate of duty.
Commission issues tariff classification regulations
See separate section below for tariff classification regulations issued by the European Commission during the period covered by this Update.
See separate section below for amendments to the Explanatory Notes to the
Combined Nomenclature of the European Union that were published in the Official Journal during the period covered by this Update.
Binding Tariff Information
The European Community has created the Binding Tariff Information (BTI) system
as a tool to assist economic operators to obtain the correct tariff classification for
goods they intend to import or export.
Binding Tariff Information is issued on request to economic operators by the customs authorities of the Member States. It is valid throughout the Community, regardless of the Member State which issued it. For information about an existing
BTI, you may want to contact the customs administration of the Member State
which issued it. However, remember that, according to the provisions for data
protection, there are limitations as to the information an administration can provide. You can search and consult existing BTIs on the EBTI-database.
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Taric Database
The Taric database integrates all measures relating to the Tariff. It allows traders
to find the goods code for the item they are importing from outside the community
to the required ten-digit level. The Taric code is comprised of the CN code with
further subdivisions. The Taric database will allow searches for codes as well as
view the following:
•
Third Country duty
•
Suspension of duties
•
Tariff Quotas
•
Tariff Preferences
•
Anti-dumping Measures
Taric Code Changes for 2014: Taric code changes generally happen on the 1st
of January each year. Particular caution is required in this regard as changes of
this type can occur at irregular intervals and with little notice from the EU Commission. You can check to see if your Taric code will change in 2014 here
Official Journal documents
The following documents of interest to international traders (excluding documents
relating to day-to-day management of agricultural matters, individual protected
designations of origin registrations, approvals or restrictions on specific substances and fishing rights) were published in the Official Journal of the European Union
(Dates are dd-mm-yy):
OJ Date
Subject
Council Decision of 7 October 2013 on the signing, on behalf of the European
Union and its Member States, and provisional application of the Protocol to the
Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino,
of the other part, regarding the participation, as a contracting party, of the Republic of Croatia, following its accession to the European Union [2013/702/EU]
Commission Implementing Regulation (EU) No 1235/2013 of 2 December 2013
amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in
foodstuffs of animal origin, as regards the substance diclazuril
Commission Implementing Decision of 29 November 2013 authorising the plac03-12-13
ing on the market of rooster comb extract as a novel food ingredient under
Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document C(2013) 8319) [2013/705/EU]
Commission communication in the framework of the implementation of Commission Regulation (EU) No 932/2012 implementing Directive 2009/125/EC of
the European Parliament and of the Council with regard to ecodesign requirements for household tumble driers and of Commission Delegated Regulation
(EU) No 392/2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household tumble
driers (Publication of titles and references of harmonised standards under Union harmonisation legislation) [2013/C 353/03]
amending Regulation (EC) No 606/2009 as regards certain oenological practices and Regulation (EC) No 436/2009 as regards the registering of these prac04-12-13 tices in the wine sector registers
Commission Implementing Decision of 2 December 2013 authorising a laboratory in the United States of America to carry out serological tests to monitor the
effectiveness of rabies vaccines (notified under document C(2013) 8365)
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OJ Date
Subject
[2013/709/EU]
Commission Recommendation of 3 December 2013 on the reduction of the
presence of dioxins, furans and PCBs in feed and food [2013/711/EU]
Communication in accordance with Article 12(5)(a) of Council Regulation (EEC)
No 2913/92 on the information provided by the customs authorities of the Mem05-12-13
ber States concerning the classification of goods in the customs nomenclature
[2013/C 355/01]
Council Decision of 2 December 2013 establishing the position to be adopted
on behalf of the European Union within the Ministerial Conference of the World
Trade Organization on the accession of the Republic of Yemen to the World
Trade Organization [2013/715/EU]
Commission Implementing Decision of 4 December 2013 amending Implementing Decision 2011/861/EU on a temporary derogation from rules of origin laid
down in Annex II to Council Regulation (EC) No 1528/2007 to take account of
the special situation of Kenya with regard to tuna loins (notified under document
C(2013) 8537) [2013/716/EU]
Commission Implementing Decision of 4 December 2013 amending Annex I to
Decision 2004/211/EC as regards the entry for Brazil in the list of third countries
06-12-13
and parts thereof from which the imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised, amending Annex
II(D) to Decision 92/260/EEC as regards test requirements for glanders, and
amending Decisions 92/260/EEC, 93/196/EEC and 93/197/EEC as regards
certain geographical denominations (notified under document C(2013) 8553)
[2013/718/EU]
Executive summary of the European Data Protection Supervisor Opinion on the
proposal for a regulation amending Regulation (EC) No 273/2004 on drug precursors and the proposal for a regulation amending Council Regulation (EC) No
111/2005 laying down rules for the monitoring of trade between the Community
and third countries in drug precursors [2013/C 357/06]
Directive 2013/56/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2006/66/EC of the European Parliament and
of the Council on batteries and accumulators and waste batteries and accumulators as regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless power tools, and of button
cells with low mercury content, and repealing Commission Decision
2009/603/EC
authorising an increase of the limits for the enrichment of wine produced using
the grapes harvested in 2013 in certain wine-growing regions or a part thereof
Commission Directive 2013/60/EU of 27 November 2013 amending for the purposes of adapting to technical progress, Directive 97/24/EC of the European
Parliament and of the Council on certain components and characteristics of two
or three-wheel motor vehicles, Directive 2002/24/EC of the European Parliament and of the Council relating to the type-approval of two or three-wheel motor vehicles and Directive 2009/67/EC of the European Parliament and of the
10-12-13
Council on the installation of lighting and light-signalling devices on two- or
three-wheel motor vehicles
Council Decision 2013/726/CFSP of 9 December 2013 in support of the UNSCR 2118 (2013) and OPCW Executive Council EC-M-33/Dec 1, in the framework of the implementation of the EU Strategy against Proliferation of Weapons
of Mass Destruction
Regulation (EU) No 1258/2013 of the European Parliament and of the Council
of 20 November 2013 amending Regulation (EC) No 273/2004 on drug precursors
of 20 November 2013 amending Council Regulation (EC) No 111/2005 laying
down rules for the monitoring of trade between the Community and third countries in drug precursors
Update of the list of national services responsible for border controls for the
purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules govern68
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OJ Date
Subject
ing the movement of persons across borders (Schengen Borders Code) (OJ C
247, 13.10.2006, p. 17; OJ C 77, 5.4.2007, p. 11; OJ C 153, 6.7.2007, p. 21;
OJ C 331, 31.12.2008, p. 15; OJ C 87, 1.4.2010, p. 15; OJ C 180, 21.6.2012, p.
2; OJ C 98, 5.4.2013, p. 2; OJ C 256, 5.9.2013, p. 14) [2013/C 360/12]
Position (EU) No 11/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending
certain regulations relating to the common commercial policy as regards the
procedures for the adoption of certain measures - Adopted by the Council on 15
November 2013 [2013/C 360 E/01]
Position (EU) No 12/2013 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending
certain regulations relating to the common commercial policy as regards the
granting of delegated and implementing powers for the adoption of certain
measures - Adopted by the Council on 15 November 2013 [2013/C 360 E/02]
Commission Implementing Regulation (EU) No 1281/2013 of 10 December
2013 laying down rules for the management and distribution of textile quotas
established for the year 2014 under Council Regulation (EC) No 517/94
Commission Regulation (EU) No 1283/2013 of 10 December 2013 correcting
the French language version of Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No
338/97 on the protection of species of wild fauna and flora by regulating trade
therein
Council Decision of 2 December 2013 establishing the position to be taken by
the European Union within the Ministerial Conference of the World Trade Or11-12-13
ganization as regards an extension of the moratorium on customs duties on
electronic transmissions and the moratorium on non-violation and situation
complaints
Council Decision 2013/730/CFSP of 9 December 2013 in support of SEESAC
disarmament and arms control activities in South East Europe in the framework
of the EU Strategy to Combat the Illicit Accumulation and Trafficking of SALW
and their Ammunition
Decision No 1/2013 of the Joint Committee on Agriculture of 28 November
2013 amending Annex 10 to the Agreement between the European Community
and the Swiss Confederation on trade in agricultural products [2013/733/EU]
2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke
flavourings
2013 on the granting of unlimited duty-free access to the Union for 2014 to certain goods originating in Norway resulting from the processing of agricultural
products covered by Council Regulation (EC) No 1216/2009
Council Decision of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the
World Health Organisation’s Framework Convention on Tobacco Control, as
12-12-13
regards its provisions on obligations related to judicial cooperation in criminal
matters, the definition of criminal offences, and police cooperation
[2013/744/EU]
Council Decision of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the
World Health Organisation’s Framework Convention on Tobacco Control, with
the exception of its provisions on obligations related to judicial cooperation in
criminal matters, the definition of criminal offences, and police cooperation
[2013/745/EU]
Guidelines on the applicability of Article 53 of the EEA Agreement to horizontal
cooperation agreements [2013/C 362/03]
Council Regulation (EU) No 1325/2013 of 9 December 2013 amending Annex I
to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and
13-12-13 on the Common Customs Tariff
Council Regulation (EU) No 1326/2013 of 9 December 2013 amending Annex I
to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and
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OJ Date
Subject
on the Common Customs Tariff
2013 granting cross-regional cumulation between Indonesia and Sri Lanka as
regards the rules of origin used for the purposes of the scheme of generalised
tariff preferences pursuant to Regulation (EEC) No 2454/93
Commission Implementing Decision of 11 December 2013 on measures to prevent the introduction into and the spread within the Union of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), as regards South Africa (notified under document C(2013) 8781) [2013/754/EU]
Corrigendum to Regulation (EC) No 1013/2006 of the European Parliament and
of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006)
Commission communication in the framework of the implementation of the
Council Directive 89/686/EEC of 21 December 1989 on the approximation of
the laws of the Member States relating to personal protective equipment (Publication of titles and references of harmonised standards under Union harmonisation legislation)
2013 amending Implementing Regulation (EU) No 29/2012 on marketing
standards for olive oil
Commission Regulation (EU) No 1336/2013 of 13 December 2013 amending
Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the awards of contract
2013 laying down rules for the application of Regulation (EU) No 1169/2011 of
the European Parliament and of the Council as regards the indication of the
country of origin or place of provenance for fresh, chilled and frozen meat of
swine, sheep, goats and poultry
Communication from the Commission — Corresponding values of the thresholds of Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European
Parliament and of the Council [2013/C 366/01]
Council Decision of 2 December 2013 establishing the position to be taken on
14-12-13 behalf of the European Union within the Committee on Government Procurement with respect to the decisions implementing certain provisions of the Protocol Amending the Agreement on Government Procurement [2013/756/EU]
List of national authorities designed according to the provision in Article 29(2) of
Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and
the Commission to ensure the correct application of the law on customs and
agricultural matters [2013/C 366/06]
List of national authorities designed according to the provision in Article 30(3) of
Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and
the Commission to ensure the correct application of the law on customs and
agricultural matters [2013/C 366/07]
Information note — Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use
items: Information on measures adopted by Member States in conformity with
Article 8 [2013/C 366/08]
2013 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil
and olive-residue oil and on the relevant methods of analysis
Commission Implementing Decision of 13 December 2013 approving certain
amended programmes for the eradication, control and monitoring of animal
diseases and zoonoses for the year 2013, amending Decision 2008/897/EC
17-12-13
approving annual and multiannual programmes for 2009 and following years
and amending Implementing Decision 2012/761/EU as regards the Union financial contribution for certain programmes approved by that Decision (notified
under document C(2013) 8891) [2013/766/EU]
Commission Decision of 16 December 2013 setting up a framework for civil
dialogue in matters covered by the common agricultural policy and repealing
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OJ Date
Subject
Decision 2004/391/EC [2013/767/EU]
Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 2,4-D, beflubutamid, cyclanilide, diniconazole, florasulam, metolachlor and S-metolachlor,
and milbemectin in or on certain products
establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights
2013 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food
of non-animal origin
2013 amending Regulation (EEC) No 2454/93 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code
18-12-13
Commission Implementing Directive 2013/63/EU of 17 December 2013 amending Annexes I and II to Council Directive 2002/56/EC as regards minimum conditions to be satisfied by seed potatoes and lots of seed potatoes
Commission Implementing Decision of 17 December 2013 establishing the
Consumers, Health and Food Executive Agency and repealing Decision
2004/858/EC [2013/770/EU]
Commission Implementing Decision of 17 December 2013 establishing the ‘Executive Agency for Small and Medium-sized Enterprises’ and repealing Decisions 2004/20/EC and 2007/372/EC [2013/771/EU]
annexes to Regulation (EC) No 1059/2003 of the European Parliament and of
the Council on the establishment of a common classification of territorial units
for statistics (NUTS)
Council Regulation (EU) No 1360/2013 of 2 December 2013 fixing the production levies in the sugar sector for the 2001/2002, 2002/2003, 2003/2004,
2004/2005 and 2005/2006 marketing years, the coefficient required for calculating the additional levy for the 2001/2002 and 2004/2005 marketing years and
the amount to be paid by sugar manufacturers to beet sellers in respect of the
difference between the maximum levy and the levy to be charged for the
2002/2003, 2003/2004 and 2005/2006 marketing years
2013 laying down the methods for the sensory testing of uncooked seasoned
poultry meat for the purposes of its classification in the Combined Nomenclature
Commission Delegated Regulation (EU) No 1363/2013 of 12 December 2013
amending Regulation (EU) No 1169/2011 of the European Parliament and of
the Council on the provision of food information to consumers as regards the
19-12-13 definition of ‘engineered nanomaterials’
2013 amending Regulation (EC) No 889/2008 laying down detailed rules for the
implementation of Council Regulation (EC) No 834/2007 as regards the use of
non-organic aquaculture juveniles and non-organic seed of bivalve shellfish in
organic aquaculture
2013 concerning the authorisation of a preparation of alpha-galactosidase produced by Saccharomyces cerevisiae (CBS 615.94) and endo-1,4-betaglucanase produced by Aspergillus niger (CBS 120604) as a feed additive for
minor poultry species for fattening and for chickens reared for laying (holder of
authorisation Kerry Ingredients and Flavours)
2013 on the derogations from the rules of origin laid down in Annex II to the
Agreement establishing an Association between the European Union and its
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OJ Date
20-12-13
21-12-13
24-12-13
28-12-13
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Subject
Member States, on the one hand, and Central America on the other, that apply
within quotas for certain products from Guatemala
Commission Implementing Decision of 17 December 2013 approving restrictions of authorisations of biocidal products containing bromadiolone notified
by Germany in accordance with Directive 98/8/EC of the European Parliament
and of the Council (notified under document C(2013) 9030) [2011/774/EU]
Council Decision 2013/755/EU of 25 November 2013 on the association of the
overseas countries and territories with the European Union (‘Overseas Association Decision’)
2013 laying down detailed rules for implementing the system of export licences
in the pigmeat sector
Commission Implementing Decision of 18 December 2013 providing for a derogation from Article 13(1)(ii) of Council Directive 2000/29/EC in respect of barkfree sawn wood of Quercus L., Platanus L. and Acer saccharum Marsh. originating in the United States of America (notified under document C(2013) 9166)
[2013/780/EU]
Commission Implementing Decision of 18 December 2013 amending Decision
2002/757/EC as regards the phytosanitary certificate requirement in respect of
the harmful organism Phytophthora ramorum Werres, De Cock & Man in ‘t Veld
sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus
spp. L. originating in the United States of America (notified under document
C(2013) 9181) [2013/782/EU]
Commission Implementing Decision of 18 December 2013 determining that the
temporary suspension of the preferential customs duty established under the
stabilisation mechanism for bananas of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru,
of the other part, is not appropriate for imports of bananas originating in Peru
for the year 2013 [2013/783/EU]
Commission Implementing Decision of 18 December 2013 amending the model
health certificates I, II and III for intra-Union trade in ovine and caprine animals
for slaughter, fattening and breeding set out in Annex E to Council Directive
91/68/EEC (notified under document C(2013) 9208)[2013/784/EU]
Corrigendum to Commission Delegated Regulation (EU) No 1363/2013 of 12
December 2013 amending Regulation (EU) No 1169/2011 of the European
Parliament and of the Council on the provision of food information to consumers
as regards the definition of ‘engineered nanomaterials’( OJ L 343, 19.12.2013)
of 11 December 2013 amending Council Regulation (EC) No 539/2001 listing
the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
Commission Decision of 19 December 2013 amending Decision 2007/506/EC
in order to prolong the validity of the ecological criteria for the award of the EU
Ecolabel to soaps, shampoos and hair conditioners (notified under document
C(2013) 9223) [2013/793/EU]
2013 concerning the authorisation of a preparation of endo-1,4-beta-xylanase
produced by Aspergillus niger (CBS 109.713) and endo-1,4-beta-glucanase
produced by Aspergillus niger (DSM 18404) as a feed additive for pigs for fattening (holder of authorisation BASF SE)
Decision No 1/2013 of the Community/Switzerland Inland Transport Committee
of 6 December 2013 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the carriage of goods and
passengers by rail and road [2013/804/EU]
Council Regulation (EU) No 1412/2013 of 17 December 2013 opening and
providing for the administration of autonomous Union tariff quotas for imports of
certain fishery products into the Canary Islands from 2014 to 2020
Council Decision No 1413/2013/EU of 17 December 2013 amending Decision
2002/546/EC as regards its period of application [re: Canary Islands]
Commission Decision of 17 December 2013 establishing the ecological criteria
Baker & McKenzie
OJ Date
Subject
for the award of the EU Ecolabel for imaging equipment (notified under document C(2013) 9097) [2013/806/EU]
Commission Implementing Decision of 17 December 2013 confirming or
amending the average specific emissions of CO2 and specific emissions targets for manufacturers of new light commercial vehicles for the calendar year
2012 pursuant to Regulation (EU) No 510/2011 of the European Parliament
and of the Council (notified under document C(2013) 9184) [2013/807/EU]
Commission Implementing Decision of 18 December 2013 determining quantitative limits and allocating quotas for substances controlled under Regulation
(EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December
2014(notified under document C(2013) 9205) [2013/808/EU]
of 17 December 2013 amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova
Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC
Council Regulation (EU) No 1387/2013 of 17 December 2013 suspending the
autonomous Common Customs Tariff duties on certain agricultural and industrial products and repealing Regulation (EU) No 1344/2011
Council Regulation (EU) No 1388/2013 of 17 December 2013 opening and
providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products, and repealing Regulation (EU) No
7/2010
Lists published under Article 29 of Commission Regulation (EC) No 376/2008
laying down common detailed rules for the application of the system of import
and export licences and advance fixing certificates for agricultural products
(These lists replace those published in the OJ C 255 of 24.8.2012, p. 9)
[2013/C 379/12]
Summary of European Union decisions on marketing authorisations in respect
of medicinal products from 1 November 2013 to 30 November 2013(published
pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council) [2013/C 380/01]
Summary of European Union decisions on marketing authorisations in respect
of medicinal products from 1 November 2013 to 30 November 2013(decisions
taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive
2001/82/EC) [2013/C 380/02]
Commission Delegated Regulation (EU) No 1421/2013 of 30 October 2013
amending Annexes I, II and IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences
2013 publishing, for 2014, the agricultural product nomenclature for export re31-12-13 funds introduced by Regulation (EEC) No 3846/87
Council Decision of 6 December 2013 establishing the position to be taken by
the European Union within the Ninth Ministerial Conference of the World Trade
Organization regarding food security, Tariff Rate Quota administration and the
Monitoring Mechanism [2013/809/EU]
Corrigendum to Directive 2009/48/EC of the European Parliament and of the
Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009)
Restrictive measures established, amended, corrected
During the past month, the following restrictive measures were established,
amended or corrected:
OJ Date
Restrictive Measure
06-12-13 Commission Implementing Regulation (EU) No 1267/2013 of 5 December 2013
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OJ Date
Restrictive Measure
amending for the 207th time Council Regulation (EC) No 881/2002 imposing
certain specific restrictive measures directed against certain persons and entities
associated with the Al Qaida network
Council Regulation (EU) No 1332/2013 of 13 December 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in
Syria
14-12-13 amending for the 208th time Council Regulation (EC) No 881/2002 imposing
certain specific restrictive measures directed against certain persons and entities
associated with the Al Qaida network
Council Decision 2013/760/CFSP of 13 December 2013 amending Decision
2013/255/CFSP concerning restrictive measures against Syria
Council Implementing Regulation (EU) No 1361/2013 of 17 December 2013 im19-12-13 plementing Regulation (EU) No 267/2012 concerning restrictive measures
against Iran
Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive
24-12-13
measures against the Central African Republic
Individual Countries
United Kingdom
HMRC and BIS import updates
The following Public Notices and Customs Information Papers (CIPs) were issued
by HM Revenue & Customs or by the Department for Business, Innovation &
Skills (BIS):
Release
Date
02-12-13
10-12-13
19-12-13
20-12-13
23-12-13
24-12-13
30-12-13
Ref. No. and Subject
CIP (13) 78 This CIP provides additional information about cancellation of the ICS
planned system downtime.
CIP (13) 79 This CIP provides information on proposed amendments to Customs
Civil Penalties
CIP (13) 85 New telephone and fax number for the National Duty Repayment
Centre Enquiry Line.
BIS: BIS/13/1384 Guidance: Do I need an import licence? (28 pages)
BIS: BIS/13/988 Open general export licence (access overseas to software and
technology for military goods: individual use only) (14 pages, revised)
CIP (13) 86 Tariff Preference: Guatemala Implements the Reciprocal Preferential
Trade Agreement between the EU and Central America
CIP (13) 88 Tariff preference: Derogation from rules of origin for certain products
from Guatemala imported under quota.
BIS: BIS/13/P101F List of suspension and quota applications round 1 July 2014
Export Control Organisation’s new pages on GOV.UK
The websites of all UK government departments and many other agencies and
public bodies have been merged into GOV.UK. The Export Control Organisation
(ECO) has created three new web pages on GOV.UK to help traders get the information they need from its web pages as fast as it is required.
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The first is the ECO’s own landing page on GOV.UK, which can be found
by searching for ’Export Control Organisation’ – it should be the first site that
comes up. It also has an easily remembered web address or URL:
https://www.gov.uk/government/organisations/export-control-organisation
Second, there is a ‘contents page’ of all ECO’s detailed guides on GOV.UK that
you will find most useful. This is called ‘Export licensing guidance‘ and is the first
link you come to on the ECO landing page.
Third, in line with its objective to become a more customer-focused organisation,
ECO has created a ‘Dashboard‘ page. This is a regularly updated snapshot of our
licensing performance against targets. It also includes information on licensing
decisions on a country-by-country basis.
Revised OGEL for overseas access to software technology for military goods
On 20 December 2013, BIS issued a revised Open general export licence
(OGEL) (access overseas to software and technology for military goods: individual use only), replacing one issued on 30 June 2011. This OGEL allows, subject to
certain conditions, people who would normally be based in the UK, but who are
temporarily based abroad, and authorised by their employer, to access their business’ technology and information technology systems in the UK, via laptops if appropriate, in connection with their business’ operations. The revised OGEL came
into force on 20 December 2013. The exact name of the licence or the SPIRE
reference must be stated on any supporting documentation given to HMRC.
Other EU-EFTA Notices
Import-export related measures
The following import, export or antibribery measures were published in the on-line
editions of the official gazettes of the countries shown during the period covered
by this Update. [This is a partial listing, unofficial translations.] *The date shown
may be the signature date, release date or publication date, depending on local
practice.
Date*
16-12-13
03-12-13
10-12-13
13-12-13
12-12-13
75
Measure
Germany
Sixth regulation amending the Waste Electrical and Electronic Equipment Act of
Costs (28-11-13) from No. 71 of 16.12.2013, page 4094
Regulation on fees and expenses of the Federal Office of Economics and Export
Control in connection with the approval of the security companies to sea (Seeschiffbewachungsgebührenverordnung? SeeBewachGebV) (12-12-13) from No.
71 of 16.12.2013, page 4110
Eire (Ireland)
S.I. No. 454 of 2013 - European Union (Ecodesign Requirements for Certain Energy-Related Products) (Amendment) Regulations 2013
S.I. No. 475 of 2013 - European Communities (Road Vehicles: Entry Into Service)
(Amendment) Regulations 2013
S.I. No. 484 of 2013 - European Union (Consumer Information, Cancellation and
Other Rights) Regulations 2013
Iceland
№ 1109/2013 Regulation on (15) amending Regulation no. 672/2008 setting maximum levels for pesticide residues in food and feed.
№ 1110/2013 Regulation on effective implementation of Commission Regulation
(EU) no. 489/2012 laying down implementing rules for the application of 16 Arti-
Baker & McKenzie
Date*
13-12-13
20-12-13
30-12-13
09-12-13
13-12-13
20-12-13
Measure
cle. of Regulation (EC) no. 1925/2006 on the addition of vitamins and minerals
and of certain other substances to foods.
№ 1115/2013 Regulation of (9) amending Regulation no. 10/2013 on the allocation of tariff quotas for imports of agricultural products under Annex V of the Customs Act.
№ 1137/2013 Regulation on the coordinated control program for the years 2013,
2014 and 2015 because of maximum pesticide and evaluation of consumer exposure to risks of pesticide residues in and on food of plant and animal origin
№ 1139/2013 Regulation amending Regulation no. 131/2013 for the certification
and recognition of certification authorities in the EU emissions trading system
№ 141/2013 Law on Amendments to the Customs Act, no. 88/2005, Law on Excise Tax, no. 97/1987, the VAT Act, no. 50/1988, the law on the prevention of
environmental pollution caused by disposable packaging for beverages, no.
52/1989, and the law on excise tax on vehicles, fuel, etc., no. 29/1993, as
amended (fines, grace in duties, sugar tax and deposit for reusable beverage
containers, excise tax on car rentals, etc.).
№ 1185/2013 Regulation on the allocation of tariff quotas for imports of bird eggs
and their products.
№ 1186/2013 Regulation on the allocation of tariff quotas for imports of agricultural commodities under Annexes IVA and IVB to the Customs.
Liechtenstein
№ 386 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Regulation (EU) No 1051/2013 amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary
reintroduction of border control at internal borders in exceptional circumstances
(development of the Schengen acquis)
№ 391 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Regulation (EU) No 1053/2013 on the introduction of an evaluation and monitoring mechanism to verify application of the
Schengen acquis and repealing Decision of the Executive Committee of 16 September 1998 (development of the Schengen acquis)
№ 404 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Regulation (EU) No 1052/2013 establishing a
European Border Surveillance System (EUROSUR) (development of the
Schengen acquis)
№ 411 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Implementing Decision 2012/512/EU the Commission to establish the date of implementation of the Visa Information System
(VIS) in a third region (development of the Schengen acquis)
№ 412 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Regulation (EU) No 1273/2012 on migration
from the Schengen Information System (SIS 1 +) to the Schengen Information
System II (SIS II) (development of the Schengen acquis)
№ 413 Exchange of Notes between the Principality of Liechtenstein and the European Union on the adoption of Implementing Decision 2013/642/EU the Commission to establish the date of implementation of the Visa Information System
(VIS) in a ninth, tenth and eleventh region (development of the Schengen acquis)
Luxembourg
Mem. № 205 - Ministerial Regulation of 25 November 2013 on the publica-
tion of the Belgian Law of 28 June 2013
- Ministerial Regulation of 25 November 2013 on the publication of the Belgian
02-12-13 Royal Decree of 18 July 2013 concerning the taxation of manufactured tobacco
- Ministerial Regulation of 25 November 2013 on the publication of the Belgian
Ministerial Decree of 18 July 2013 concerning the taxation of manufactured tobacco.
Mem. № 211 - Grand-Ducal Regulation of 22 November 2013 supplementing
Article 11 of the Grand-Ducal Regulation of 30 July 2013 on waste electrical and
10-12-13 electronic equipment.
-Coordinated Text - the Grand-Ducal Regulation of 30 July 2013 on waste electrical and electronic equipment.
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Date*
19-12-13
24-12-13
06-12-13
17-12-13
03-12-13
06-12-13
10-12-13
12-12-13
13-12-13
18-12-13
19-12-13
77
Measure
Mem. № 212 - Grand-Ducal Regulation of 26 November 2013 amending the
Grand-Ducal regulation of 11 December 2003 on food supplements.
Mem. № 214 - Ministerial Regulation of 2 December 2013 establishing the conditions of use of public procurement portal
Mem. № 215 - Grand-Ducal Regulation of 22 November 2013 replacing Annexes
II, III and IV of the amended law of 15 June 1994 - on the classification, packaging and labeling of dangerous substances - amending the Act of 11 March 1981
regulating the marketing and use of certain dangerous substances and preparations.
Mem. № 220 - Grand-Ducal Regulation of 22 November 2013 supplementing
Article 11 of Regulation grandducal of 30 July 2013 on waste electrical and electronic equipment - Corrigendum
Mem. № 224 - Office of Insurance Regulation to № 13/01 of 23 December 2013
on the fight against money laundering and against the financing of terrorism.
Malta
№ 434 of 2013 - European Union Greenhouse Gas Emissions Trading Scheme
for Stationary Installations Regulations, 2013 - Government Gazette of Malta No.
19,178 – 06.12.2013
№ 437 of 2013 - Excise Duty Act (Amendment of Sixth Schedule) Regulations,
2013 - Government Gazette of Malta No. 19,183 – 17.12.2013
№ 439 of 2013 - Consumer Rights Regulations, 2013 - Government Gazette of
Malta No. 19,183 – 17.12.2013
Norway
FOR-2013-11-19-1366 Regulations amending the TSE Regulations
FOR-2013-11-21-1368 Regulation amending the Regulation on Medicinal Products (Medicines Regulations)
FOR-2013-11-27-1370 Regulations amending the Regulations relating to restrictions on the use of health-hazardous chemicals and other products (Product
Regulations)
FOR-2013-11-27-1382 Regulations amending the Regulations on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
FOR-2013-11-29-1393 Regulations amending the Regulations relating to restrictions on the use of health-hazardous chemicals and other products (Product
Regulations)
FOR-2013-11-12-1400 Regulation amending the Regulation on cosmetics and
body care products
FOR-2013-11-12-1401 Regulation amending the Regulation on cosmetics and
body care products
FOR-2013-11-15-1402 Regulation amending the Regulation on feed additives
FOR-2013-11-18-1403 Safety Regulations for toys (Toy Regulations)
FOR-2013-12-03-1406 Regulations amending the Regulations on imports from
third countries of certain live animals, bees, bumblebees and fresh meat of certain
animals
FOR-2013-12-05-1416 Regulations amending the Regulations on units of measurement
LOV-2013-12-13-124 Law amending the Act of 21 December 2007 No. 119 customs and movement of goods (Customs Act)
FOR-2013-12-09-1431 Regulation amending the Regulation on technical requirements and approval of vehicles, parts and equipment (Motor Vehicle)
FOR-2013-12-05-1487 Parliamentary Decision on Customs for fiscal year 2014
(Chapter 5511 item 70 and 71)
FOR-2013-12-10-1500 Regulations amending the Regulations on the approval of
vehicles and car trailers
FOR-2013-12-10-1501 Regulation amending the Regulation on technical requirements and approval of vehicles, parts and equipment (Motor Vehicle)
FOR-2013-12-12-1506 Regulations amending the Regulations on the approval of
vehicles and car trailers
FOR-2013-12-13-1509 Regulations amending the Regulations on international
passenger and freight transport and cabotage
FOR-2013-12-16-1519 Regulation amending the Regulation on labeling of food-
Baker & McKenzie
Date*
20-12-13
23-12-13
27-12-13
30-12-13
05-12-13
06-12-13
09-12-13
11-12-13
13-12-13
16-12-13
18-12-13
27-12-13
30-12-13
78
Measure
stuffs
FOR-2013-12-16-1556 Regulations amending the regulations on residues of pesticides in food and feed
FOR-2013-12-16-1557 Regulations amending the Regulations on drugs (drug
regulations)
FOR-2013-12-16-1559 Regulation amending the Regulation on official controls of
compliance with legislation on animal nutrition, food and health and welfare of
animals (control regulations)
FOR-2013-12-17-1563 Regulation amending the Regulation on additives for use
in animal nutrition
FOR-2013-12-16-1575 Regulation amending the Regulation on the hygiene of
foodstuffs (food hygiene regulations)
FOR-2013-12-16-1577 Regulation amending the Regulation on nutrition and
health claims made on foods
FOR-2013-12-19-1603 Regulations amending the Juice Regulations
FOR-2013-12-19-1618 Regulations amending the Regulations on duty-free import
and temporary use of foreign-registered motor vehicle in Norway
Poland
№ 1451 Regulation of the Minister of Internal Affairs of 31 October 2013 amending Regulation on the establishment of additional air border crossings
№ 1464 The Act of 23 October 2013 on the ratification of the Additional Protocol
to the Criminal Law Convention on Corruption, signed in Strasbourg on 15 May
2003
№ 1475 Regulation of the Minister of Finance of 29 October 2013 amending
Regulation on the place designated or approved by the customs authority, which
may be made to function under customs legislation
№ 1502 Regulation of the Minister of National Defence on 20 November 2013
amending the regulation on the production, manufacture, processing, use, acquisition, collection, storage, disposal, transfer and use of toxic chemicals and their
precursors
№ 1512 Regulation of the Minister of Agriculture and Rural Development of 27
November 2013 on the sampling of plant protection products for laboratory testing
№ 1547 Regulation of the Minister of Finance dated 9 December 2013 amending
Regulation concerning the types of declarations which may be made by means of
electronic communication
November 2013 on the collection of samples of plants, plant products or other
objects to test for the presence of residues of plant protection products
November 2013 on the seed mixtures
November 2013 on the model certificates and information concerning the evaluation of seed
December 2013 on the amount of the national reserve of the national quota in the
quota year 2013/2014
December 2013 on the allocation coefficient of individual quotas from the national
reserve for wholesale suppliers in the quota year 2013/2014
№ 1576 Regulation of the Minister of Foreign Affairs of 2 December 2013 on the
pattern of the report of the actual implementation of the arms exports
№ 1589 Regulation of the Minister of Finance of 13 December 2013 amending
the regulation on the lists of goods for the purposes of collecting the tax on goods
and services imports
№ 1649 Regulation of the Minister of Infrastructure and Development of 16 December 2013 amending Regulation on the granting by the Polish Agency for Enterprise Development financial assistance to support the creation and development of electronic commerce within the framework of the Operational Programme
Innovative Economy 2007-2013
Baker & McKenzie
Date*
03-12-13
25-12-13
28-12-13
30-12-13
02-12-13
09-12-13
17-12-13
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Measure
December 2013 amending the Regulation on the list of international control and
supervisory bodies empowered to issue documents confirming the importation of
agri-food products to third countries
Spain
Economy and Competitiveness: ECC/2257/2013 Order of 26 November, amending Annex PRE/3026/2003 Order of 30 October, by the standards of inspection
and control to dictate the Regional Offices and Territorial amending Trade. (BOEA-2013-12631)
Economy and Competitiveness: Resolution of 16 December 2013, the Ministry of
Commerce, transmitting the official calendar of international trade fairs in 2014
was approved. (BOE-A-2013-13612)
Law 25/2013 of 27 December on the pulse of electronic invoicing and accounting
creation of invoices in the Public Sector. (BOE-A-2013-13722)
Instrument of Acceptance of the Amendment to Annex A of the Stockholm Convention on Persistent Organic Pollutants, adopted in Geneva on April 29, 2011,
(BOE-A-2013-13757)
Switzerland
Ordinance of the FDF on goods receiving customs relief according to their use
(Ordinance on customs concessions, OADou) (RS 631.012)
Federal Law on Medicinal Products and Medical Devices (Law on Therapeutic
Products HMG) (RS 812.21)
DFI order to control movement of fauna and flora protected (Ordinance on CITES
controls) (RS 453.1)
Order of DFI on the tables of narcotics, psychotropic substances, precursors and
chemical additives (Ordinance on tables narcotics OTStup-DFI) (RS 812.121.11)
OFAG Ordinance Fixing periods and deadlines as well as the authorization parts
tariff quota for fresh vegetables, fresh fruit and fresh cut flowers (Ordinance authorizing imports on the OIELFP) (RS 916.121.100)
Ordinance of the FDF on the rates of contributions for the export of agricultural
commodities (RS 632.111.723.1)
Ordinance on the type-approval of motor vehicles (ORT) (RS 741.511)
Ordinance of the Swiss Agency for Therapeutic Products for the enactment of the
pharmacopoeia and the recognition of other pharmacopoeias (RS 812.214.11)
DHA Ordinance on foreign substances and components in foodstuffs (Ordinance
on foreign substances and components, OSEC) (RS 817.021.23)
DFI Order of drinking water, mineral water and spring water (RS 817.022.102)
DHA Ordinance on special foods (RS 817.022.104)
DFI Order of the edible oils and fats and their derivatives (RS 817.022.105)
DHA Ordinance on foodstuffs of animal origin (RS 817.022.108)
DHA Ordinance on cereals, legumes, vegetable proteins and their derivatives (RS
817.022.109)
DHA Ordinance on Alcoholic Beverages (RS 817.022.110)
DHA Ordinance on soft drinks (especially tea, infusions, coffee, juice, syrups, soft
drinks) (RS 817.022.111)
DHA Ordinance on the labeling and advertising of foodstuffs (OEDAI) (RS
817.022.21)
DHA Ordinance on additives permitted in foodstuffs (Ordinance on additives, ZuV)
(RS 817.022.31)
Order of DFI on the addition of essential or physiologically useful substances to
foods (RS 817.022.32)
DHA Ordinance on the safety of toys (Ordinance on toys, OSJo) (RS 817.023.11)
DFI Order of the objects intended to come into contact with mucous membranes,
skin or hair and capillary system, and candles, matches, lighters and joke items
(Ordinance on articles intended to come into contact with the human body) (RS
817.023.41)
OFAG Ordinance Fixing periods and deadlines as well as the authorization parts
tariff quota for fresh vegetables, fresh fruit and fresh cut flowers (Ordinance authorizing imports on the OIELFP) (RS 916.121.100)
DHA Ordinance on the control of the import and transit of animals and animal
products (OITE Ordinance controls) (RS 916.443.106)
Baker & McKenzie
Date*
27-12-13
03-12-13
06-12-13
09-12-13
11-12-13
12-12-13
16-12-13
17-12-13
19-12-13
23-12-13
24-12-13
Measure
Ordinance on the import of agricultural products (Ordinance on agricultural imports, OIAgr) (RS 916.01)
DHA Ordinance on the control of the import and transit of animals and animal
products (OITE Ordinance controls) (RS 916.443.106)
Ordinance on the Protection of Animals (OPA) (RS 455.1)
United Kingdom
SI 2013/2996 - The Food Safety and Hygiene (England) Regulations 2013
SI 2013/3032 - The Immigration (European Economic Area) (Amendment) (No. 2)
Regulations 2013
SI 2013/3050 - The Plant Health (Fees) (England) (Amendment) Regulations
2013
SI 2013/3113 - The Waste Electrical and Electronic Equipment Regulations 2013
SI 2013/3108 - The Postal Services (Universal Postal Service) (Amendment) Order 2013
SR 2013/291 - The Food Safety, Food Hygiene and Official Controls (Sprouting
Seeds and Miscellaneous Amendments) Regulations (Northern Ireland) 2013
SI 2013/3168 - The Enterprise Act 2002 (Part 8 EU Infringements) Order 2013
SI 2013/3134 - The Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013
SI 2013/3133 - The Feed (Hygiene and Enforcement) and the Animal Feed (England) (Amendment) Regulations 2013
SI 2013/3049 - The Food (Miscellaneous Amendments) (Wales) Regulations
2013 / Rheoliadau Bwyd (Diwygiadau Amrywiol) (Cymru) 2013
SR 2013/294 - The Feed (Hygiene and Enforcement) and the Animal Feed
(Amendment) Regulations (Northern Ireland) 2013
SI 2013/3171 - The Agricultural or Forestry Tractors (Emission of Gaseous and
Particulate Pollutants) and Tractor etc (EC Type-Approval) (Amendment) Regulations 2013
2013 c. 32 - Energy Act 2013
SR 2013/296 - The Contaminants in Food (Amendment) Regulations (Northern
Ireland) 2013
SSI 2013/366 - The Plant Health (Scotland) Amendment (No. 3) Order 2013
SR 2013/304 - The Seeds (Miscellaneous Amendments) Regulations (Northern
Ireland) 2013
SI 2013/3235 - The Single Common Market Organisation (Consequential
Amendments) Regulations 2013
Restrictive measures established, amended, corrected
The following restrictive measures (grouped by country) were established,
amended or corrected and published in the national official journals or agency
websites during the period covered by this Update. [This is a partial listing, unofficial translations.] *The date shown may be the signature date, release date or
publication date, depending on local practice.
Date*
Restrictive Measure
Iceland
11-12-13 № 1100/2013 - Regulation on restrictive measures concerning Afghanistan.
№ 1101/2013 - Regulation amending the Regulation on restrictive measures on
Belarus no. 97/2012.
Liechtenstein
№ 383 Regulation of 3 December 2013 concerning the amendment of the Regulation on measures against the Islamic Republic of Iran
09-12-13
№ 384 Regulation of 3 December 2013 concerning the amendment of the Ordinance on Measures against persons and organizations with links to “Al Qaeda”
№ 397 Ordinance of 10 December 2013 concerning the amendment of the Reg13-12-13
ulation on Measures against Libya
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Date*
Restrictive Measure
№ 398 Ordinance of 10 December 2013 concerning the amendment of the Ordinance on Sanctions against Liberia
№ 399 Ordinance of 10 December 2013 concerning the amendment of the Ordinance on Measures against persons and organizations with links to “Al Qaeda”
Switzerland
Ordinance on Measures against persons and entities associated with Usama bin
Laden, the “Al Qaeda” or the Taliban (RS 946.203)
Ordinance instituting measures against Belarus (RS 946.231.116.9)
Ordinance instituting measures against certain individuals from the Arab Republic of Egypt (RS 946.231.132.1)
27-12-13 Ordinance instituting measures against the Islamic Republic of Iran (RS
946.231.143.6)
Ordinance instituting measures against Liberia (RS 946.231.16)
Ordinance instituting measures against certain individuals from Tunisia (RS
946.231.175.8)
United Kingdom
SI 2013/3182 - The Export Control (North Korea and Ivory Coast Sanctions and
Syria Amendment) Order 2013
18-12-13
SI 2013/3160 - The Libya (Restrictive Measures) (Overseas Territories)
(Amendment) Order 2013
Non EU-EFTA European Countries
Ukraine
Mindohodiv postings
The following documents were posted on the Ministry of Revenue and Duties(Mindohodiv) (Міністерства доходів і зборів України - Міндоходів) website.
Date
03-12-13
03-12-13
05-12-13
06-12-13
11-12-13
81
Matter
Draft order of Mindohodiv, Ministry of Internal Affairs of Ukraine, Ministry of Infrastructure of Ukraine, the Ministry of Health of Ukraine, the Ministry of Agrarian
Policy and Food of Ukraine, the Ministry of Ecology and Natural Resources of
Ukraine, Ministry of Culture of Ukraine “On Recognition of the invalid, Joint Order
of November 28, 2005 № 1167/886/824/643/655/424/858/900
Draft Decree of Mindohodiv “On Recognition of the void the order of the State
Customs Service of Ukraine on March 30, 2005 № 222”
Draft Decree of Mindohodiv “On Approval of Boundary Controls of temporal
norms officials regulatory authorities, exercising their functions at checkpoints
across the state border of Ukraine”
Draft Decree of Mindohodiv “On Recognition of the void the order of the State
Customs Service of Ukraine from 23.05.2011 № 409”
Draft Decree of Mindohodiv “on the termination of certain orders of the State
Customs Service of Ukraine, the State Administration of Ukraine for Aviation
Safety”
Draft Decree of Mindohodiv “On approval of the issuance of the certificate of
approval of road vehicles for the carriage of goods under Customs seal“
Mindohodiv Draft Order “On customs formalities for pipelines and power lines”
Draft Decree of the Mindohodiv “On declaring null and void, some by the State
Customs Service of Ukraine”
Draft Joint Order of Mindohodiv and the Ministry of Industrial Policy of Ukraine
“On declaring null and void, some by the State Customs Service of Ukraine and
the Ministry of Industrial Policy of Ukraine”
Draft Joint order Mindohodiv, Minenergouglya, Ministry of Infrastructure “On ceasing to void the order of the State Customs Service of Ukraine, the Ministry of Fuel
and Energy of Ukraine, Ministry of Transport and Communications of Ukraine of
12 December 2006 № 1110/484/1146
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Date
16-12-13
18-12-13
20-12-13
24-12-13
Matter
Draft Order of Mindohodiv “On approval of reimbursement for storage of goods
and vehicles in warehouses of income and charges Procedure for calculation of
costs in cases of violation of customs regulations and reimbursement and
amounts awarded for the warehousing of revenues and charges for goods and
vehicles“
Draft Decree of Mindohodiv “On Approval of the Regulation on the conditions and
procedure for tender (tender) of the definition of specialized companies organizers customs auctions“
Draft Order of Mindohodiv “On approval of the interaction of structural units of the
Ministry and local income and fees from Ukraine specialized laboratory expertise
and research Mindohodiv during the research and expertise, standards of sampling (samples) of goods for the study (analysis, expertise)”
Draft Decree of Mindohodiv “On some issues opening and operation of a free
customs zone commercial or service type“
Draft Order of Mindohodiv “On approval of the Mindohodiv customs warehouse”
Eurasian Economic Community (EurAsEC)
Supreme Eurasian Economic Council meets
The Eurasian Economic Commission (EEC) announced that on 24 December
2013, the Supreme Eurasian Economic Council (SEEC) met in Moscow. The participants were the Presidents of the Russian Federation, Belarus and Kazakhstan
and the Chairman of the EEC Board. In addition, the Presidents of Armenia and
Kyrgyzstan, two countries that have applied for membership, attended. The Prime
Minister of Ukraine, which has applied for Observer status also attended.
The participants reviewed progress of the draft treaty on the Eurasian Economic
Union and approved a budget for the Commission for 2014. They also discussed
the accession roadmap/action plan for Armenia’s accession and a phase-in to the
Common Economic Space’s regulation of monopolies.
The SEEC was preceded by a meeting on 23 December 2013, of the Council of
the EEC, vice-premiers of the Customs Union’s members and members of the
Board of the EEC. The Council addressed issues of competition, antitrust regulation, trade, and the course of the project to the Treaty on the Eurasian Economic
Union with regard to the provisions aimed at further development of integration.
One of the main topics was reducing the tariffs on electric cars from 19% ad valorem to 0% to make the ownership of electric cars more attractive. Their ownership is hampered by a lack of infrastructure (charging stations and service) as
well as the 19% tariff. The Council has directed members of the Customs Union
and the EEC to examine the issue of infrastructure, and production and report
back by the fourth quarter of 2014.
Also addressed was the issue of the chairmanship of the Council of the EEC in
2014. In accordance with Article 11 of the Treaty on the EEC, the Presidency of
the Council of the EEC is to alternate annually. In 2014, the Presidency of the
Council will be held by the representative of the Republic of Kazakhstan, First
Deputy Prime Minister Igor Shuvalov.
Decisions and recommendations of the Eurasian Economic Commission
The following Eurasian Economic Commission (EEC) decisions and recommendations have been posted in the documents section of the new Eurasian Economic Commission documentation page.
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23-12-13
25-12-13
26-13-12
07-12-13
02-12-13
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Title
Council of the Eurasian Economic Commission
Decision № 88 (13 Dec. 2013) On the draft decision of the Supreme Eurasian
Economic Council “On the results of the implementation of the Agreement on
common principles and rules of regulation of natural monopolies on December
9, 2010”
Economic Council “On the final report on implementation of the Phased Plan
formation of the Common Economic Space in respect of natural monopolies (in
sectoral (industry) section)”
Economic Council “On the list of normative legal acts of States - members of
the Customs Union and the Common Economic Space in the regulation of natural monopolies, which are subject to convergence, with the sequencing of the
relevant measures to harmonize legislation in this field”
Decision № 91 (13 Dec. 2013) On the progress of the project to the Treaty on
the Eurasian Economic Union with regard to the provisions aimed at further
development of integration
Decision № 92 (13 Dec. 2013) On establishing the rates of customs duties of
the Common Customs Tariff of the Customs Union in respect of certain types of
motor vehicles that were in operation
Economic Council “On the transfer of the Eurasian Economic Commission authority to monitor compliance with common rules of competition in cross-border
markets in the territories of States - members of the Customs Union and the
Common Economic Space”
Economic Council “On Amendments to the Decision of the Supreme Eurasian
Economic Council from October 24, 2013 № 48”
Economic Council “On the status of the draft Treaty on the Eurasian Economic
Union with regard to the provisions aimed at further development of integration”
Decision № 97 (23 Dec. 2013) On the dynamics of mutual trade between the
Customs Union and Ukraine
Decision № 98 (23 Dec. 2013) On Amendments to the single commodity nomenclature of foreign economic activity of the Customs Union and the Common
Customs Tariff of the Customs Union in respect of certain types of motor vehicles with an electric motor
Decision № 99 (23 Dec. 2013) About the Chairman of the Council of the Eurasian Economic Commission
Decision № 100 (23 Dec. 2013) On Amendments to the Decision of the Council
of the Eurasian Economic Commission on July 16, 2012 № 55 “On the application of the Republic of Belarus and the Republic of Kazakhstan import duties
different from the common customs tariff rate of the Customs Union, in respect
of certain categories of goods”
Board of the Eurasian Economic Commission
Decision № 277 (26 Nov. 2013) About the Program on development (modification, revision) of interstate standards, as a result of compliance with requirements of technical regulations of the Customs Union “On the security of agricultural and forestry tractors and trailers to them” (TR TC 031/2012), as well as
interstate standards containing rules and methods (tests) and measurements,
including the rules of sampling necessary for the implementation and execution
of the technical regulations of the Customs Union “On the security of agricultural and forestry tractors and trailers to them” (TR TC 031/2012) and the implementation of ( confirmation) of compliance products
Decision № 279 (2 Dec. 2013) On Amendments to the Rules of the method of
determining the customs value of the goods on the transaction value of the
imported goods (method 1)
Decision № 280 (2 Dec. 2013) On the draft decision of the Eurasian Economic
Commission “On the draft decision of the Supreme Eurasian Economic Coun-
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Title
cil” On the list of normative legal acts of States - members of the Customs Union and the Common Economic Space in the regulation of natural monopolies,
which are subject to convergence, with the definition of the corresponding sequence of measures to harmonize legislation in this area “
Commission “On the draft decision of the Supreme Eurasian Economic Council” On the final report on implementation of the Phased Plan formation of the
Common Economic Space in respect of natural monopolies (in sectoral (industry) section) “
Decision № 282 (2 Dec. 2013) Part 1 About formats of official statistical information Eurasian Economic Commission authorized bodies of - members of the
Customs Union and the Common Economic Space. Part 1
Decision № 282 (2 Dec. 2013) Part 2 About formats of official statistical information Eurasian Economic Commission authorized bodies of - members of the
Customs Union and the Common Economic Space. Part 2
Decision № 283 (2 Dec. 2013) On the creation of the Advisory Committee on
Interaction supervisory authorities at the customs border of the Customs Union,
amending the Regulation on the Advisory Committee on Customs Regulation
and Repeal of certain decisions of the Commission of the Customs Union
Decision № 284 (2 Dec. 2013) About the Order of the Eurasian Economic
Commission for making decisions on the classification of certain goods
Decision № 285 (2 Dec. 2013) On Amendments to the Customs Union Commission Decision of 15 July 2011 № 710
Decision № 286 (2 Dec. 2013) On the statistical work program of the Eurasian
Economic Commission for 2014
Decision № 287 (10 Dec. 2013) On Amendments to the Advisory Committee on
Electric Power
Decision № 288 (10 Dec. 2013) On the necessity of execution states - members of the Customs Union and the Common Economic Space Council Decision № 49 on the Eurasian Economic Commission August 16, 2013
Decision № 289 (10 Dec. 2013) On amendments and (or) additions to the information specified in the declaration of goods and Repeal of certain decisions
of the Commission of the Customs Union and the Board of Eurasian Economic
Commission
Decision № 290 (10 Dec. 2013) About the Program on development (modification, revision) of interstate standards, as a result of which, on a voluntary basis,
compliance with the technical regulations of the Customs Union “Technical regulations for oil and fat products» (TR TC 024/2011), as well as interstate standards containing rules and research methods (tests) and measurements, including the rules of sampling required for the application and enforcement of the
technical regulations of the Customs Union “Technical regulations for oil and fat
products» (TR TC 024/2011) and the implementation of assessment (confirmation) of conformity
compliance with the technical regulations of the Customs Union “On the security of grain” (TR TC 015/2011), as well as interstate standards containing rules
and methods of research (tests) and measurements, including the rules of
sampling necessary for the implementation and execution of the technical regulations of the Customs Union “On the security of grain” (TR TC 015/2011) and
the implementation of assessment (confirmation) of conformity
compliance with the technical regulations of the Customs Union “On the requirements for lubricants, oils and special fluids” (TR TC 030/2012), as well as
interstate standards containing rules and methods of researches (tests) and
measurements, including the rules of sampling required for the application and
enforcement of the technical regulations of the Customs Union “On the requirements for lubricants, oils and special fluids” (TR TC 030/2012) and implementation of assessment (confirmation) of conformity
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Decision № 293 (10 Dec. 2013) On Amending the Single list of products subject to mandatory assessment (attestation) of the Customs Union with the issuance of common documents in respect of products to which the technical regulation technical regulations of the Customs Union “On the safety of small vessels” (TR TC 026/2012)
Decision № 294 (10 Dec. 2013) On amendments to some decisions of the
Commission of the Customs Union
Commission “On Amendments to the single commodity nomenclature of foreign
economic activity of the Customs Union and the Common Customs Tariff of the
Customs Union in respect of certain types of motor vehicles with an electric
motor”
Commission “On the establishment of import duty rates of the Common Customs Tariff of the Customs Union in respect of certain types of motor vehicles
that were in operation”
Decision № 297 (10 Dec. 2013) On the order of introduction of the technical
regulations of the Customs Union “On the safety of milk and dairy products”
(TR TC 033/2013)
Decision № 298 (10 Dec. 2013) On the order of introduction of the technical
regulations of the Customs Union “On the safety of meat and meat products”
(TR TC 034/2013)
Decision № 299 (10 Dec. 2013) About the Memorandum of Understanding between the Eurasian Economic Commission and the World Organisation for Animal Health
Decision № 300 (17 Dec. 2013) On Amendments to the single commodity nomenclature of foreign economic activity of the Customs Union and the Common
Customs Tariff of the Customs Union in respect of licorice and Decision Board
of Eurasian Economic Commission dated August 16, 2012 № 134
Decision № 301 (17 Dec. 2013) On the Repeal of the Customs Union Commission Decision of 18 November 2011 № 851
Decision № 302 (17 Dec. 2013) On approval of the action plan on the issue of
mutual recognition of electronic signature, made in accordance with the laws of
one state - member of the Customs Union and the Common Economic Space
(Republic of Belarus, Kazakhstan and the Russian Federation), another state a member of the Customs Union and the Common Economic Space (Republic
Belarus, Kazakhstan and the Russian Federation) for the execution of the
Agreement on the state (municipal) procurement from December 9, 2010
Decision № 303 (17 Dec. 2013) About the project Agreement on coordinated
policy in the field of traceability
Decision № 304 (17 Dec. 2013) Report on the compliance of States - members
of the Customs Union and the Common Economic Space in 2012, the provisions of the Uniform Rules for granting industrial subsidies from December 9,
2010 and the draft decision of the Council of the Eurasian Economic Commission “On the draft decision of the Supreme Eurasian Economic Council” On the
representation of states - members of the Customs Union and the Common
Economic Space of the Eurasian Economic Commission for information sent to
other Member States in accordance with the Agreement on common rules for
the provision of industrial subsidies from December 9, 2010 “
Decision № 305 (25 Dec. 2013) About the Protocol on the establishment of an
information exchange system for an indicative forecast balance gas states members of the Customs Union and Common Economic Space
Decision № 306 (25 Dec. 2013) About the Agreement on the transboundary
movement of hazardous wastes on a single customs territory of the Customs
Union
Decision № 307 (25 Dec. 2013) On Amendments to the list of goods that are
essential for the domestic market of the Customs Union, in respect of which in
exceptional cases may be temporary limitations or bans exports
Decision № 308 (25 Dec. 2013) On Amending the Single list of products subject to mandatory assessment (attestation) of the Customs Union with the issu-
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ance of common documents in respect of products to which the technical regulation technical regulations of the Customs Union “On the requirements for lubricants, oils and special fluids” (TR TC 030/2012)
Decision № 309 (25 Dec. 2013) Action plan needed for the implementation of
technical regulations of the Customs Union “On the safety equipment of high
pressure” (TR TC 032/2013)
Decision № 310 (25 Dec. 2013) About the Agreement on the regulation of the
alcohol market participants in the territories of - members of the Customs Union
and Common Economic Space
Board Recommendations
Recommendation № 17 (17 Dec. 2013) On Amending the Recommendation
Board of Eurasian Economic Commission on March 12, 2013 number 4
Belarus
Belarusian senators approve bill replacing Customs Code
The Belarusian Telegraph Agency (Belta) in a release reproduced by the State
Customs Committee announced that on December 19, 2013, the Council of the
Republic approved the draft law “On Customs Regulation in the Republic of Belarus.” The draft law replaces the existing Customs Code with a law that takes the
Customs Union into account and regulates those activities which remain with national authorities. The bill also would reduce the number of required documents
for Customs clearance, simplify the clearance process, and specify requirements
for banks in providing Customs guarantees. Once the bill is signed by the President, the State Customs Committee intends to eliminate several existing requirements.
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 3 Dec. 2013. It may
be searched by tariff code or description (in Russian).
Russian Federation
Legislation (acts, resolutions, orders, etc.)
The following Russian Federation (RF) Acts, Government Resolutions/Decrees
(Постановление Правительства) (GR), Federal Customs Service (FCS) Orders
and other pieces of legislation were published in the Rossiyskaya Gazeta or the
Official Portal for Legal Information (Официальный интернет-портал правовой
информации) during the period of coverage of this Update:
86
R.G. Date
of Publication
Subject
04-12-13
Federal Law № 318-FZ (30 Nov. 2013) On Amending Articles 13 and 24 of the
Federal Law On the basis of state regulation of foreign trade activity and Articles 1 and 3 of the Federal Law On Gas Export
Federal Law № 339-FZ (2 Dec. 2013) On Amending the Federal Law On Customs Regulation in the Russian Federation
Federal list of extremist materials
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of Publication
06-12-13
09-12-13
11-12-13
13-12-13
19-12-13
20-12-13
23-12-13
25-12-13
27-12-13
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Subject
Order № 1610 of the Ministry of Industry and Trade of the Russian Federation
(Russian Ministry of Industry) (7 Oct. 2013) On Amendments to the Administrative Regulations of the Ministry of Industry for the provision of public services to
issue licenses and other permits for export and (or) the importation of certain
goods, as well as the formation and maintenance of the federal bank licenses
issued, approved by the Ministry of Industry and Trade of the Russian Federation dated February 17, 2012 N 135 “
Federal Law № 347-FZ of the Russian Federation (2 Dec. 2013) On Amending
Article 61 of the Federal Law On Customs Regulation in the Russian Federation
Order № 1710 of the Federal Customs Service (FCS of Russia) (10 Sept.
2013) On Amendments to the Administrative Regulations of the Federal Customs Service for the provision of public services for maintaining a register of
authorized economic operators, approved by FCS Order № 1877 (14 Sept.
2011)
Order № 252-OD of the Federal Agency for Development of the State Border of
the Russian Federation (30 Oct. 2013) On the reconstruction of marine cargo
standing multilateral border crossing the state border of the Russian Federation
in the seaport of Makhachkala
the Russian Federation (30 Oct. 2013) On the reconstruction of river cargopassenger standing multilateral border crossing the state border of the Russian
Federation Khabarovsk (Khabarovsk Territory)
Order № 1597 of the Ministry of Industry and Trade of the Russian Federation
(Russian Ministry of Industry (3 Oct. 2013) On Approval of the List of high-tech
products based on the priority of modernizing the Russian economy
Order № 2098 of the FCS of Russia (6 Nov. 2013) On Amendments to the annex to the Order of the organization system of remuneration of executives of
customs bodies of the Russian Federation and institutions under the jurisdiction
of the FCS, approved by FCS Order № 2529 of December 16, 2011
Order № 682 of the Federal Security Service of the Russian Federation (18
Nov. 2013) On Amendments to the Rules of the border regime, approved by
order of the Federal Security Service of Russia from October 15, 2012 № 515
Government Decree № 1202 (21 Dec. 2013) On Amendments to the rates of
export customs duties on goods exported from the Russian Federation outside
the - members of the Customs Union
Federal Law № 374-FZ (21 Dec. 2013) On Amending the Federal Law On the
Procedure for Exit from the Russian Federation and Entry into the Russian
Federation
Federal Law № 372-FZ (21 Dec. 2013) On Amending the Federal Law On Export Control”
Federal Law № 361-FZ (21 Dec. 2013) On Amending Article 303 of the Federal
Law On Customs Regulation in the Russian Federation
Federal Law № 362-FZ (21 Dec. 2013) On Amending Article 317 of the Federal
Law On Customs Regulation in the Russian Federation
Federal Law № 352-FZ (20 Dec. 2013) On ratification of the Agreement between the Government of the Russian Federation and the Government of the
People’s Republic of China to expand cooperation in trade crude oil
Republic of South Ossetia on trade mode
Republic of Abkhazia on the regime of trade
Order № 1452 of the FCS of Russia (6 Aug. 2013) On Approval of the Rules of
lump sum payment, monthly monetary compensation and order payment of the
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31-12-13
Subject
amounts of compensation of property damage by customs officers of the Russian Federation in connection with the performance of official duties
Order № 1451 of the FCS of Russia (6 Aug. 2013) On approval of the payment
of benefits in case of death or bodily injury by the federal government civilian
employee of the customs authority of the Russian Federation and the amounts
of compensation of property damage in connection with the performance of
official responsibilities”
Order № 1631 of the FCS of Russia (30 Aug. 2013) On Approval of the Procedure and timing of the certification candidates for the head and the head of an
educational institution under the jurisdiction of the Federal Customs Service
the Russian Federation (5 Dec. 2013) On the reconstruction of air cargo and
passenger permanent multilateral border crossing the state border of the Russian Federation Ufa (Bashkortostan)
Order № 868 of the Ministry of Energy of the Russian Federation (Russian Ministry of Energy) (3 Dec.2013) On approval of guidelines for analyzing the reasonableness of the use of special formulas for calculating the rates of export
customs duties on crude oil as specified in subparagraph 2 of paragraph 5 of
Article 3.1 of the Law the Russian Federation “On Customs Tariff”, the application form on the application of the formula for calculating the special export duty
on crude oil and form certificate of planned and actual capital and operating
(operating) costs incurred by the subsoil user and associated with the activities
of exploration and (or) development of the field, and the actual revenue from
the sale of the subsoil user hydrocarbons produced in the field
Order № 2259 of the FCS of Russia (2 Dec. 2013) On the competences of the
customs post ZHDPP [ЖДПП] Skangali (department of customs clearance and
customs control N 2) Pskov Customs
Africa
Kenya
Tariff classification rulings
Copies of the latest tariff classification rulings (September 2013) issued by the
Kenya Revenue Authority (KRA) may be found here. In addition, a spreadsheet
summarizing tariff classification rulings issued in 2010-2013 may be found here.
South Africa
South African Customs and Excise Act Amendments of Rules and
Tariff Schedules
Publication Publication
Date
Details
88
27-12-13
GG 37180
R.1031
20-12-13
GG 37175
R.1025
Subject
Amendment of the rules for s.15 on traveller declarations and deletion of the DA 331 form
• Notice R.1031 New
Imposition of provisional payment in relation to
anti-dumping on disodium carbonate imported from
the United States of America produced by OCI
Chemical Corporation; TATA Chemicals (SODA
ASH) Partners Inc. (TCSAP); as well as other
manufacturers excluding that produced by TATA
Chemicals (SODA ASH) Partners Inc. (TCSAP)
and OCI Chemical Corporation
Implementation
Date
27-12-13
Up to and including
20-06-14
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Details
GG 37175
R.1024
GG 37154
R.1011
GG 37154
R.1010
GG 37154
R.1009
GG 37154
R.1008
GG 37154
R.1007
GG 37154
R.1006
GG 37169
R.1017
GG 37169
R.1018
Subject
•
Notice R.1025 New!
Imposition of provisional payment in relation to
anti-dumping duty on frozen potato chips or French
fries originating in or imported from Belgium and
produced by Clarebout Potatoes N.V; all other
manufacturers excluding Clarebout Potatoes N.V.;
and originating in or imported from the Netherlands, excluding that produced by Lamb Weston/Meijer V.O.F.
•
Notice R.1024 New!
Schedule No. 8 - Reduction of all licence fees to a
rate of “free”
•
Notice R.1011 New!
Part 2 of Schedule No. 4 - Deletion of rebate item
460.11/00.00/05.00 upon request of the Minister of
Trade and Industry
•
Notice R.1010 New!
Part 1 of Schedule No. 4 - Deletion of rebate items
412.25/00.00/01.00 and 412.25/00.00/02.00 upon
request of the Minister of Trade and Industry
•
Notice R.1009 New!
The General Notes to Schedule No. 1 is amended
as follows:
General Note K.5(a) and (b) and General Note 6(a)
and (b) are deleted; General Note K.5 and General
Note 6 are substituted as a consequence to the
expiry of the MMTZ quota agreement
•
Notice R.1008 New!
Part 1 of Schedule No. 1 - Substitution of tariff
subheading 3920.91 in order to replace EFTA
phase-down amendment thereof
•
Notice R.1007 New!
Part 1 of Schedule No. 1 - Substitution of tariff
subheading 3920.91 to reduce the rate of duty on
polyvinyl butyral from 10% to free - ITAC Report
448
•
Notice R.1006
Amendment of the rules for s.119A relating to the
electronic submission of excise accounts and returns via eFiling
•
Notice R.1017 New!
Note the dates in rule 119A.R101A(10)(e) and rule
119A.R101(10)(g)
Substitution in item 202.00 of the Schedule to the
Rules of all the DA 260 Excise Accounts and their
schedules
•
Notice R.1018 New!
•
•
•
•
•
•
•
•
•
•
89
DA 260 - Excise Account: Wine (SVM)
DA 260 - Excise Account: Wine (SOS)
DA 260 - Excise Account: Wine (OS)
DA260 - Excise Account: Vermouth (SVM)
DA 260 - Excise Account: Vermouth (OS)
DA 260 - Excise Account: Vermouth
(SOS)
DA 260 - Excise Account: Other Fermented Beverages (SVM)
DA 260 - Excise Account: Other Fermented Beverages (SOS)
DA 260 - Excise Account: Other Fermented Beverages (OS)
DA 260 - Excise Account: Spirits Products
Implementation
Date
20 -12-13
15-11-13
20-12-13
01-01-14
20-12-13 up to
and including
31 -12-13
20-12-13
Baker & McKenzie
Date
Details
Subject
•
•
•
•
•
•
•
•
GG 37150
R.1000
GG 37150
R.999
GG 37150
R.998
GG 37150
R.997
13-12-13
GG 37124
R.976
GG 37124
R.975
06-12-13
90
GG 37093
R.940
(VMP)
(VMS) (110-day cycle)
(VMS) (130-day cycle)
(SOS)
DA 260 - Excise Account: Tobacco Products (VM)
DA 260 - Excise Account: Tobacco Products (SOS)
DA 260 - Excise Account: Malt Beer (VM)
DA 260 - Excise Account: Malt Beer
(SOS)
DA 260 - Excise Account: Traditional African Beer Products (SVM)
Implementation
Date
Schedule No. 6 - Amendment of Part 3 by the insertion of Note 6(h)(vi) in respect of refunds relat01-11-09
ing to distillate fuel used by the farming sector
•
Notice R.1000
Schedule No. 6 - Amendment of Part 3 by the insertion of Note 6(a)(xi) in respect of refunds relat01-04-13
ing to distillate fuel used by the farming sector
•
Notice R.999
Schedule No. 6 - Amendment of Part 3 by the insertion of Note 6(h)(ii)(cc)(B)(DD) and Note
13-12-13
6(h)(vii) in respect of diesel refunds
•
Notice R.998
Schedule No. 6 - Amendment of Part 3 by the substitution of Note 6(f)(iii)(cc) and Note 6(f)(iv) in re01-01-11
spect of refunds relating to mining activities
•
Notice R.997
Amendment of the Diamond Export Levy Rules in
terms of s.18 of the Diamond Export Levy (Administration) Act, 2007 and substitution of the forms
listed below:
•
Notice R.976
•
DL 163
13-12-13
•
DL 163A
Rule 14.02 de•
DL 163B
leted with effect
•
DL 163C
from:
•
DL 163D
30-09-09
•
DL 185
Note:
The deletion in Schedule A of rule 14.02 is deemed
to have come into operation on 30 September
2009
Substitution of form DA 185.4B1 - Licensing Client
Type 4B1 - Special Manufacturing Warehouse
13-12-13
•
Notice R.975
•
DA 185.4B1
Insertion of new rule 35.06 that applies to licensed
special customs and excise warehouses in order to
place certain restrictions on the removal of wine in
06-12-13
bulk
•
Notice R.940
Baker & McKenzie
Newsletters, Reports, Articles, Etc.
Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie’s October 2013 Global VAT/GST Newsletter provides a quick
update into important developments in the field of VAT/GST across the globe. In
order to maximize the effectiveness of this newsletter to you, most articles are
brief and are designed to flag topics that are likely to affect multi-national businesses. Contacts for the Global VAT/GST Newsletter are:
•
•
•
•
•
Erik Scheer (Chair, Baker & McKenzie Global VAT Group)
Folkert Idsinga (Chair, Baker & McKenzie European VAT Group)
Jan Snel (Steering Committee, Baker & McKenzie Global VAT Group)
Edmund Leow (Chair, Baker & McKenzie APAC VAT Group)
Roger van de Berg (General Editor)
Publications, Alerts, Newsletters
The following Baker & McKenzie publications, client alerts, legal alerts or newsletters released during the period of coverage of this Update may be of interest to
you:
Subject
International Trade, Tax and Anti-corruption
December 2013 International Trade Compliance Update
Global International Compliance – Client Alert: Transparency International Publishes
Corruption Perceptions Index 2013 (also PDF)
Buenos Aires Tax Alert: New Information Regime - Register of Related Taxpayers and
Monthly Information Regime of Transactions with Related Taxpayers (Eng.); Nuevo Régimen de Información - Registro de Sujetos Vinculados y Régimen Informativo Mensual
de Operaciones con Sujetos Vinculados (Span.)
London Intellectual Property Client Alert: New Customs Regulation: practical and procedural considerations
Mexico International Trade and Customs Practice Client Alert: Ministry of Economy establishes “Automatic Notice of Importation” for goods of the steel industry (Eng.); Secretaría de Economía implementa “Aviso Automático de Importación” para mercancías del
sector acero (Span.)
Mexico: Tax/International Trade practices Legal Alert: Statement released by INDEX
(Eng.); Comunicado realizado por INDEX (Span.) regarding tax reform legislation
Mexico Tax Client Alert: Relevant aspects of the Tax Reform affecting directly the Maquiladora Industry and possibilities of amparo (Eng.); Aspectos relevantes de la Reforma
Hacendaria que afectan directamente a la Industria Maquiladora y posibilidades de amparo (Span.)
Other Topics
Global IP Practice Group-IP Dispatch - December 2013
LegalBytes Special Edition: How Should I Respond to California’s Do-Not-Track Requirements?
LegalBytes Newsletter: December 2013
European Union – State Aid/Energy Antitrust and Competition Client Alert: Update: New
State aid guidelines could impose strict limitations on national support schemes for renewable energy generation
Buenos Aires Oil & Gas Alert: New penalties for oil & gas companies operating in the
Argentine continental platform (Malvinas area) without the authorization of the Argentine
Government (Eng.); Nuevas sanciones a compañías de gas y petróleo que operan en la
plataforma continental argentina (área de Malvinas) sin la autorización del gobierno argentino (Span.)
Buenos Aires Labor Newsletter: Labor & Employee Relations Newsletter November
2013 (Eng.); Resumen de la Normativa Relevante del Mes de Noviembre 2013 (Span.)
91
Baker & McKenzie
Subject
Kyiv Energy, Mining & Infrastructure Legal Alert: Ukraine’s Electricity Market Reform:
New Market, New Rules (Eng.); Реформування Ринку Електричної Енергії України:
Нова Модель, Нові Правила (Ukr.); Реформирование Рынка Электрической
Энергии Украины: Новая Модель, Новые Правила (Russ.)
London Media: December 2013 Digital Media Update
London Regulatory & Public Law Group: Annual Digest December 2013
Mexico Energy, Mines and Infrastructure Legal Alert: The Energy Reform Bill (Eng.);
Proyecto de Reforma Energética (Span.)
Paris Information Technology/Communications Legal Alert: What is the best way to
set up a Cloud project? Recommendations from the European Outsourcing Association (EOA) (Eng.); Comment bien monter un projet Cloud ? Les recommandations de l’European Outsourcing Association (EOA) (French)
Russia Intellectual Property Legal Alert: New Procedures for Paying Patent Fees
North America Banking & Finance Client Alert: The Volcker Rule—Key Considerations
for Foreign Banking Entities
Toronto Intellectual Property: Client Alert - Canada’s Combating Counterfeit Products
Act, promises greater intellectual property protection for Canadian brand owners
Articles
The following articles authored by Baker & McKenzie attorneys may be of interest
to you:
Authors, Title and Publication
John McKenzie: “FCPA Compliance Issues for Import/Export Operations,” published in
the Summer 2013, Volume 47, Number 1 issue of The International Lawyer.
Alexandre Lamy and Jonathan Poling: “The ‘too big to jail’ environment: How financial
institutions have run afoul of US money laundering and sanctions regulations,” published
in The Compliance Officer Bulletin
Brian Hengesbaugh and Amy de La Lama: “How Should I Respond to California’s DoNot-Track Requirements?” published in The Privacy Advisor.
Terrie Gleason and Meredith DeMent: “Don’t Miss the Mark: U.S. Customs Country-ofOrigin Marking Requirements,” published in the Thomson Reuters Publication, World
Trade Executive Practical Trade & Customs Strategies.
Webinars, Meetings, Seminars, Etc.
Cross-Border Transactions – Webinar Series
As leaders in cross-border M&A, Baker & McKenzie has a number of practical
insights on how to structure transactions that manage a patchwork of jurisdictions,
regulatory environments and business cultures. To share these insights, we have
developed a webinar series for in-house counsel, directors and CFOs focused on
opportunity and risk in such transactions. All webinars will held on the second
Tuesday of the month at 1:00 pm (ET), 10:00 am (PT).
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•
January 14th: China M&A: Seizing Opportunities Today
•
February 11, 2014: Brazil M&A: Seizing Opportunities Today
•
March 11, 2014: Joint Ventures: Tackling the Unique Challenges in a
Cross-Border Joint Venture
•
April 8, 2014: Africa M&A: Seizing Opportunities Today
•
May 13, 2014: Global Supply Chains: Transactional Strategies to
Strengthen and Manage Supply Chains
Baker & McKenzie
•
June 10, 2014: Southeast M&A: Seizing Opportunities Today in SEA
•
July 8, 2014: Compliance: Navigating the Regulatory Minefield in CrossBorder Transactions
•
August 12, 2014: Successfully Implementing a Cross-Border Transaction
•
September 9, 2014: Middle East M&A: Seizing Opportunities Today
•
October 14, 2014: Technology & IP: Winning Strategies in Cross-Border
Deal Making
•
November 11, 2014: Russia M&A: Seizing Opportunities Today
•
December 9, 2014: India M&A: Seizing Opportunities Today
For any or all Cross-Border webinars, click box to register:
For more information, please contact Kathy Heffley or Chad Cole.
CLE & CPE Credit Available: Approved for 1.0 California general CLE credit, 1.0 Illinois general CLE credit,
1.0 New York general CLE credit, and 1.0 Texas general CLE credit. Florida and Virginia CLE applications
can be made upon request. Participants requesting CLE for other states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE approved provider. Baker & McKenzie LLP has
been certified by the New York State CLE Board as an accredited provider in the state of New York for the
period 12/12/12-12/11/15. This non-transitional program is not appropriate for newly admitted New York
attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by the State Bar of Texas, Committee
on MCLE.
Approved for 1.0 Texas CPE credit. A uniform certificate for 1.0 CPE credit will be provided for participants to
use for CPE credit applications in other states. We have registered with the Texas State Board of Public
Accountancy as a CPE sponsor. This registration does not constitute an endorsement by the Board as to the
quality of our CPE program.
2013 International Trade Compliance Webinar Series
Our recently completed 2013 International Trade Compliance Webinar Series focused on
“Globalization of the Supply Chain: Trade Regulation and Developments.” If you
missed any webinars in this series, or would like to see them again, you may view them or
download only the PowerPoint used, by clicking on the link above or title below:
•
•
•
•
•
•
93
Russia’s Accession to the WTO - Speakers: Alexander Bychkov (Moscow) and Vladimir Efremov (Moscow), Terrie Gleason (Washington, DC)
[Original broadcast January 15] PowerPoint only
US, EU and Swiss Trade Sanctions Enforcement Cases and Trends Speakers: Jasper Helder (Amsterdam), Jonathan Poling (Washington,
DC) Philippe Reich (Zurich), Terrie Gleason (Washington, DC) [Original
broadcast: February 12, 2013] PowerPoint only
Trans-Pacific Partnership and Other Trade Agreement Developments Speakers: Frederick Burke (Ho Chi Minh City), Edmundo Elias (Guadalajara), Diane MacDonald (Chicago), Brian Cacic (Toronto), Terrie Gleason
(Washington, DC) [Original broadcast March 12, 2013] PowerPoint only
Increased Customs Scrutiny and Enforcement Activity in Latin America Speakers: Adriana Ibarra-Fernandez (Mexico City), Alessandra Machado
(Sao Paulo), Esteban Ropolo (Buenos Aires), Terrie Gleason (Washington, DC) [Original broadcast April 23, 2013] PowerPoint only
Post-Election US Trade Policy - Speakers: Stuart Seidel (Washington,
DC), Teresa Gleason (Washington, DC), and John McKenzie (San Francisco/Palo Alto) [Original broadcast June 4, 2013] PowerPoint only
FCPA and Anti-Bribery Cases and Trends in the US, China and Russia Speakers: Reagan Demas (Washington, DC), Michelle Gon (Shanghai),
Alexander Bychkov (Moscow) - Moderator: Maria McMahon (Washington, DC) [Original broadcast June 18, 2013] PowerPoint only
Baker & McKenzie
The International Trade Compliance Update is a publication of
the Global Trade and Commerce
Practice Group of Baker &
McKenzie. Articles and comments are intended to provide our
readers with information on recent legal developments and issues of significance or interest.
They should not be regarded or
relied upon as legal advice or
opinion. Baker & McKenzie advises on all aspects of International Trade law.
Comments on this Update may
be sent to the Editor:
Stuart P. Seidel
Washington, D.C.
+1 202 452 7088
A note on spelling, grammar
and dates-In keeping with the global nature
of Baker & McKenzie, the original
spelling, grammar and date formatting of non-USA English language material has been preserved from the original source
whether or not the material appears in quotes.
Credits:
Unless otherwise indicated, all information is taken from official international organization or government websites, or their newsletters or press releases.
Source documents may be
accessed by clicking on the blue
hypertext links.
•
Customs Valuation and Transfer Pricing: Developments in the US, Canada, EU and China - Speakers: Robert Eisen (New York), Paul Burns (Toronto), Jennifer Revis (London), Eugene Lim (Hong Kong) - Moderator:
William D. Outman (San Francisco) [Original broadcast July 23, 2013]
PowerPoint only
EU Anti-Bribery, Trade and Customs Webinar Series 2013
Our EU Compliance, International Trade and Customs Groups brought together
their considerable local knowledge and on the ground experience to de-liver their
second webinar series. The 2013 series covered a range of customs, export control, trade sanctions and anti-bribery and corruption topics.
All webinars were recorded and will be available for viewing at your convenience,
as will the accompanying PowerPoint presentations. Those that have already
been posted are available by clicking on the links below. The remaining webinar
and presentation will be posted as soon as possible. Our panel of speakers provided a practical overview of each of the topics listed below, using both examples
of re-cent cases and case studies. Our speakers and moderators comprise leading international trade experts from various EMEA locations including: Alexander
Bychkov (Moscow), Ross Denton (London), Jasper Helder (Amsterdam), Nicole
Looks (Frankfurt), Sunny Mann (London).
•
•
•
•
•
•
•
•
•
March 21: EU Trade Sanctions (Presentation only)
April 18: Anti-Bribery and Corruption : M&A Due Diligence (Presentation
only)
May 23: Third Party Supply Chain Risks (Customs, Export Controls and
Anti-Bribery) (Presentation only)
June 20: Customs Valuation: Focus on Intercompany Transactions
(Presentation only)
September 5: Import and Export Controls for Encryption Items
(Presentation only)
September 19: Customs Tariff Classification Update (Presentation only)
October 24: Fundamentals and Pitfalls in EU Export Controls
(Presentation only)
November 21: Customs: Free Trade Agreements / Origin (Presentation
only)
December 12: Anti-Bribery and Corruption: Key Developments
Our complimentary EU Anti-Bribery, Trade and Customs webinar series is aimed
at in-house legal counsel and compliance managers, ranging from those who are
new to the areas concerned, through to experienced practitioners who want to
refresh their knowledge and learn more about customs regulations and compliance.
2012 EU Customs Webinar Series: Boost Your Local Compliance
In 2012, our EU Customs Group brought together its considerable local
knowledge and “on the ground” experience to deliver its first webinar series. This
2012 series was centred around several key EU Customs topics, which were
identified to help companies review and boost their local compliance procedures.
Our panel of speakers and moderators was comprised of leading Customs experts from various EMEA locations including: Alexander Bychov (Moscow), Ross
Denton (London), Jasper Helder (Amsterdam), Nicole Looks (Frankfurt), Erik
94
Baker & McKenzie
Scheer (Amsterdam). If you missed any of the webinars, you will be able to
watch them by clicking on the title below. If you just want the PowerPoint, click on
“For PowerPoint only” after the appropriate webinar.
Webinar Dates and Topics:
•
Tariff classification: Understanding YOUR responsibility to properly classify products in the EU Combined Nomenclature [Broadcast: March 29,
2012] (For PowerPoint only)
•
Customs valuation: Developments and trends in customs valuation: identifying potential risks and savings opportunities [Broadcast: April 26, 2012]
(For PowerPoint only)
•
Origin and FTAs: Update on Free Trade Agreements in the EU: how to
benefit from trade arrangements [Broadcast: May 24, 2012] [For PowerPoint only]
•
Relationships with third parties: Assessing risks on third-party relationships: how to deal with your customs broker? [Broadcast: June 28, 2012]
(For PowerPoint only]
•
CIS developments: Customs compliance in Russia, Single Economic Area and CIS [Broadcast: September 20] (For PowerPoint only)
•
The impact and compliance risks of transfer pricing adjustments on customs valuation: Profit based transfer pricing vs. cost based customs value: how does it work in practice? [Broadcast October 18, 2012] (For
PowerPoint Only)
•
Compliance and risk management: Best practices in mitigating risks and
tackling your compliance challenges [Broadcast November 15, 2012] (For
PowerPoint only)
•
Building and implementing an effective compliance programme for customs, VAT and other indirect taxes: Implementing an indirect tax control
framework: how does it work? [Broadcast December 6, 2012] (For PowerPoint Only)
Our complimentary webinar series was aimed at in-house legal counsel and customs compliance managers, ranging from those who are new to the areas concerned, through to experienced practitioners who wanted to refresh their
knowledge and learn more about customs regulations and compliance.
For more information, please contact sophie.ash@bakermckenzie.com.
View 2012 International Trade Compliance Webinars on-line
Our 2012 Global International Trade Compliance Webinar Series focused on
“Best Practices” in Customs, Export Control and Sanctions, Antidumping/Countervailing Duty, and Anti-Corruption/Anti-Bribery Compliance Programs
in numerous regions around the world as we explore what major multinationals do
to have stellar “Best Practices” compliance programs in the international trade
arena.
If you missed any of the 90 minute programs in our series or just want a copy of
the presentation, they are available on our website (Click the blue title to access
the video and presentation).
•
95
Anti-Corruption and Anti-Bribery Corruption Compliance Programs in
the US, EU and China [Broadcast January 10, 2012]
Baker & McKenzie
•
Export Control Compliance Programs in the US, EU and Mexico
[Broadcast February 14, 2012]
•
Trade Sanctions Compliance Programs in the US, EU and Canada
[Broadcast March 13, 2012]
•
Customs Free Trade Agreements and Duty Preference Compliance
Programs in the US, Canada, Mexico and China [Broadcast April 17]
•
Customs Valuation and Transfer Pricing Compliance Programs in the
US, EU and Canada [Broadcast May 15, 2012]
•
Antidumping and Countervailing Duty Compliance Programs in the
US and Canada [Broadcast June 12, 2012]
•
Customs Classification Compliance Programs in the US, EU and
China [Broadcast August 28, 2012]
WTO TBT Notifications
Member countries of the World Trade Organization (WTO) are required under
the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the
WTO all proposed technical regulations that could affect trade with other Member
countries. The WTO Secretariat distributes this information in the form of “notifications” to all Member countries. This chart summarizes notifications in English
posted by the WTO during the past month. If you are interested in obtaining copies of any of these notifications, please contact stuart.seidel@bakermckenzie.com
who will try to obtain the text. Some notifications are only available in the official
language of the country publishing the notification. Note: All dates are given as
mm/dd/yyyy; National flags are not scaled for relative comparison.
Country
96
Notification
Date Issued
Final Date for Merchandise Covered
Comments
Argentina
ARG/283
11/22/2013
Not given
Air conditioners
Argentina
ARG/285
11/27/2013
11/29/2013
Personal hygiene products, cosmetics
and perfumes
Brazil
BRA/312/Add.5
12/13/2013
Not given
Tyres (HS 4011)
Brazil
BRA/397/Rev.1
12/3/2013
Not given
Conformity assessment procedure
Brazil
BRA/419/Add.2
12/3/2013
Not given
Ceramic building bricks, flooring blocks,
support or filler tiles and the like (HS
69.04)
Brazil
BRA/534/Corr.1
12/13/2013
Not given
Refrigerating/freezing equipment
Brazil
BRA/566
12/3/2013
1/20/2014
Cribs and cradles for domestic use; Other furniture and parts thereof (HS 9403)
Brazil
BRA/567
12/12/2013
1/31/2014
Baby Feeding Bottles and Nipples
Brazil
BRA/401/Add.2
12/20/2013
Not given
Wooden baby cribs (HS 9403.50)
Brazil
BRA/568
12/20/2013
2/8/2014
Medicines
Canada
CAN/370/Add.1
12/11/2013
Not given
Toxic substances
Canada
CAN/403
12/9/2013
2/13/2014
Canada
CAN/404
12/12/2013
1/30/2014
Canada
CAN/405
12/19/2013
3/1/2014
Drugs and Medical Devices
Canada
CAN/406
12/20/2013
2/20/2014
Multifunction school activity bus
(MFSAB)
Consumer Products (not including food,
therapeutic or cosmetics)
Means of containment for the transport of
dangerous goods
Baker & McKenzie
Country
97
Notification
Date Issued
Comments
China
CHN/996
12/2/2013
2/2/2014
Wrought aluminium alloy extruded profiles with acrylic coating for architecture
(HS 7604.29)
China
CHN/997
12/2/2013
2/2/2014
Anchor devices
China
CHN/998
12/2/2013
2/2/2014
Powered air-purifying respirator
China
CHN/999
12/2/2013
2/2/2014
Eye and face protection -Laser eyeprotectors
China
CHN/1000
12/2/2013
2/2/2014
Chain-mail gloves and guards
China
CHN/1001
12/2/2013
2/2/2014
China
CHN/1002
12/2/2013
2/2/2014
China
CHN/1003
12/2/2013
2/2/2014
China
CHN/1004
12/2/2013
2/2/2014
China
CHN/1005
12/2/2013
2/2/2014
Seamless steel pipes for crane jib
China
CHN/1006
12/4/2013
2/4/2014
Water dispensers (HS 8516)
China
CHN/1007
12/4/2013
2/4/2014
China
CHN/1008
12/4/2013
2/4/2014
China
CHN/1009
12/4/2013
2/4/2014
China
CHN/1010
12/4/2013
2/4/2014
Marine auxiliary boiler
China
CHN/1011
12/16/2013
2/16/2014
Spark ignition engines
China
CHN/1012
12/16/2013
2/16/2014
Bonded abrasive products
China
CHN/1013
12/16/2013
2/16/2014
Tyre shaping and curing press
China
CHN/1014
12/16/2013
2/16/2014
Electric and optical cables
China
CHN/1016
12/20/2013
2/20/2014
Lithium ion cells and batteries used in
portable electronic equipment
China
CHN/1017
12/20/2013
2/20/2014
Gasoline for motor vehicles
Ecuador
ECU/110
11/14/2013
2/10/2014
Ecuador
ECU/116
11/22/2013
Not given
Ecuador
ECU/118
11/22/2013
Not given
Ecuador
ECU/119
11/22/2013
2/4/2014
Steel plates of carbon steel and low alloy
steel for nuclear power plants
Welded austenitic stainless steel tubes
and pipes for nuclear power plant
Seamless stainless steel tubes and pipes
for nuclear power plant
Steel plates for low temperature pressure
vessels
Domestic gas cooking appliances (HS
7321)
Water-source (ground-source) heat
pumps (HS 8418)
Diesel engines of non-road mobile machinery
Generators, generating sets and electric
rotary converters
Cosmetic products (HS 3303, 3304.10,
3304.20, 3304.30, 3304.91, 3305.10,
3305.20, 3305.30, 3305.90, 3306.10,
3306.90, 3307.10, 3307.20, 3307.30 and
3307.90.90)
Lifts (elevators) and escalators (HS
8428.10.10, 8428.10.90, 8428.20,
8428.31, 8428.32, 8428.33, 8428.39,
8428.40, 8428.60, 8428.90.10 and
8428.90.90)
Generators, generating sets and electric
rotary converters (HS 8502.11,
8502.11.10, 8502.11.90, 8502.12,
Baker & McKenzie
Country
Notification
Date Issued
Comments
8502.12.10, 8502.12.90, 8502.13,
8502.13.10, 8502.13.90, 8502.20,
8502.20.10, 8502.20.90 and 8502.40)
98
Ecuador
ECU/12/Add.3
11/27/2013
Not given
Ceramic products
Ecuador
ECU/121
12/9/2013
3/2/2014
Aggregate grading machines (HS
8474.10.10, 8474.10.20 and 8474.10.90)
Ecuador
ECU/28/Add.1
11/27/2013
Not given
Plastic tubes and accessories (HS 3917)
Ecuador
ECU/33/Add.2
11/29/2013
Not given
Insulated electrical conductors and wires
Ecuador
ECU/39/Add.2
11/29/2013
Not given
Compact fluorescent lamps (HS 8539)
Ecuador
ECU/4/Add.2
11/21/2013
Not given
Cement, lime and gypsum
Ecuador
ECU/70/Add.2
11/21/2013
Not given
Condoms(HS 4014.10)
Ecuador
ECU/71/Add.2
11/21/2013
Not given
Ecuador
ECU/88/Add.2
12/2/2013
Not given
Ecuador
ECU/95/Add.3
11/29/2013
Not given
Ecuador
ECU/120
12/9/2013
2/27/2014
Ecuador
ECU/122
12/16/2013
3/11/2014
Ecuador
ECU/124
12/16/2013
3/11/2014
Ecuador
ECU/126
12/16/2013
3/11/2014
Ecuador
ECU/128
12/16/2013
3/11/2014
Ecuador
ECU/130
12/16/2013
3/11/2014
Ecuador
ECU/131
12/16/2013
3/11/2014
El Salvador
SLV/171
12/13/2013
2/13/2014
Sanitary inspection of pork
European Union
EU/170
12/9/2013
2/9/2014
Construction products
European Union
EU/172
12/16/2013
2/16/2014
Agricultural products
European Union
EU/173
12/16/2013
2/16/2014
European Union
EU/174
12/18/2013
2/18/2014
European Union
EU/175
12/20/2013
2/20/2014
Chemical substances
Israel
ISR/609/Add.2
12/16/2013
Not given b
Alcoholic beverages (HS 2208)
Israel
ISR/720
12/3/2013
2/3/2014
Medical electrical equipment (HS 9018)
Israel
ISR/721
12/3/2013
2/3/2014
Medical electrical equipment (HS 9018)
Electrical panels, cabinets, pull boxes,
light junction boxes and racks and rack
accessories (HS 8538.10, 8538.90)
Foods for special dietary uses (HS 1806,
1901, 2005, 2007, 2104, 2106)
Washing machines (HS 8450.11.00.00
and 8450.20.00.00)
Injection-moulding machines (HS
8477.10; 8477.30; 8477.40; 8477.80)
Sound or visual signalling equipment (HS
8531.10, 8531.20, 8531.80 and 8531.90)
Furniture (HS 9403, 9403.10, 9403.30,
9403.40 and 9403.50)
Primary cells (HS 8506, 8506.10,
8506.10.11, 8506.10.19, 8506.10.91,
8506.10.91.10, 8506.10.91.90,
8506.10.99, 8506.30.10, 8506.30.90,
8506.40.10, 8506.40.90, 8506.50.10,
8506.50.90, 8506.60.10, 8506.60.90,
8506.80.10 and 8506.80.90)
Ethyl alcohol (HS 2207, 2207.10,
2207.20 and 2207.20.00.90)
Copper and aluminium wires and cables
(HS 7413, 7614, 7614.10 and 7614.90)
Loudspeakers (HS 8518.21, 8518.22 and
8518.29)
Fenbutatin oxide (pesticide active substance)
Agricultural products intended to be
marked as organic
Baker & McKenzie
Country
99
Notification
Date Issued
Comments
Fire protection equipment (HS 7304),
Other tubes, pipes and hollow profiles
(for example, open seam or welded, riveted or similarly closed), of iron or steel
(HS 7306)
Arc welding equipment (HS 8504.32,
8515.30, 8515.90)
Cylinder for lock; Building accessories
(HS 8301.60)
Refrigerating appliances, ice-cream appliances and ice makers; Domestic refrigerating appliances (HS 8418)
Dangerous substances and mixtures (HS
2707, 2710, 3402, 3405, 3824)
Israel
ISR/722
12/3/2013
2/3/2014
Israel
ISR/723
12/3/2013
2/3/2014
Israel
ISR/724
12/3/2013
2/3/2014
Israel
ISR/725
12/3/2013
2/3/2014
Israel
ISR/726
12/3/2013
2/3/2014
Israel
ISR/727
12/16/2013
2/16/2014
Luminaires (HS 9405)
Israel
ISR/728
12/16/2013
2/16/2014
Olive oil (HS 1509)
Japan
JPN/447
12/2/2013
2/2/2014
Chemical substances
Food, beverages and other agricultural,
forestry and fishery products (including
processed products) other than alcoholic
beverages and pharmaceuticals.
Substances with probable effects on the
central nervous system
Japan
JPN/448
12/16/2013
2/16/2014
Japan
JPN/449
12/20/2013
1/18/2014
Korea, Republic of
KOR/459
12/9/2013
2/9/2014
Quasi-drug
Korea, Republic of
KOR/460
12/18/2013
2/18/2014
Motor Vehicles and Motor Vehicle parts
Korea, Republic of
KOR/461
12/18/2013
2/18/2014
Quasi-drugs
Lithuania
LTU/22
12/11/2013
2/11/2014
Beverages
Mexico
MEX/245/Add.2
12/11/2013
Not given
Low-pressure regulators for liquefied
petroleum gas (HS 7321.11)
Mexico
MEX/259/Add.1
12/11/2013
Not given
Dangerous goods
Mexico
MEX/198/Add.3
12/12/2013
Not given
Toys and school items
Mexico
MEX/216/Add.3
12/12/2013
Not given
Waste and Urban Solid Waste
Mexico
MEX/203/Add.3
12/13/2013
Not given
Lamps
Pharmaceutical products: medicine,
herbal medicine, dietary products and
sweeteners, and biological and galenic
products (classified under Chapter 30 of
the Harmonized System and of the Customs Tariff)
Pharmaceutical products: medicine,
herbal medicine, dietary products and
sweeteners, and biological and galenic
products (classified under Chapter 30 of
the Harmonized System and of the Customs Tariff)
Peru
PER/52
11/27/2013
2/9/2014
Peru
PER/53
11/27/2013
2/9/2014
Qatar
QAT/318
12/6/2013
2/6/2014
Pesticide residues
Saudi Arabia
SAU/684
12/18/2013
2/18/2014
Trans Fatty Acids
Baker & McKenzie
Country
100
Notification
Date Issued
Comments
Saudi Arabia
SAU/685
12/18/2013
2/18/2014
Saudi Arabia
SAU/686
12/18/2013
2/18/2014
Saudi Arabia
SAU/687
12/19/2013
2/19/2014
Saudi Arabia
SAU/688
12/19/2013
2/19/2014
Luminaires
Saudi Arabia
SAU/689
12/19/2013
2/19/2014
Nightlights
Saudi Arabia
SAU/690
12/19/2013
2/19/2014
Saudi Arabia
SAU/691
12/19/2013
2/19/2014
Saudi Arabia
SAU/692
12/19/2013
2/19/2014
Saudi Arabia
SAU/693
12/19/2013
2/19/2014
Edison screw lamp holders
Saudi Arabia
SAU/694
12/19/2013
2/19/2014
Low voltage electrical installations
Saudi Arabia
SAU/695
12/19/2013
2/19/2014
Electrical installations in caravans and
motor caravans
Saudi Arabia
SAU/696
12/19/2013
2/19/2014
Electrical installations of buildings
Saudi Arabia
SAU/697
12/19/2013
2/19/2014
Saudi Arabia
SAU/698
12/19/2013
2/19/2014
Saudi Arabia
SAU/699
12/20/2013
2/20/2014
Saudi Arabia
SAU/700
12/20/2013
2/20/2014
Saudi Arabia
SAU/701
12/20/2013
2/20/2014
Low-voltage electrical installations
Saudi Arabia
SAU/702
12/20/2013
2/20/2014
Low-voltage electrical installations
Saudi Arabia
SAU/703
12/20/2013
2/20/2014
Protection against electric shock
Saudi Arabia
SAU/704
12/20/2013
2/20/2014
Saudi Arabia
SAU/705
12/20/2013
2/20/2014
Saudi Arabia
SAU/706
12/20/2013
2/20/2014
Saudi Arabia
SAU/707
12/20/2013
2/20/2014
Saudi Arabia
SAU/708
12/20/2013
2/20/2014
Saudi Arabia
SAU/709
12/20/2013
2/20/2014
South Africa
ZAF/171
12/11/2013
2/11/2014
Luminaires (HS 9405)
South Africa
ZAF/172
12/11/2013
2/11/2014
Poultry meat (HS 0207)
South Africa
ZAF/172/Add.1
12/16/2013
Not given
Poultry meat (HS 0207)
Efficiency classes of single-speed, threephase, cage-induction motors
Non-ducted air conditioners and heat
pumps
Ducted air-conditioners and air-to-air
heat pumps
D.C. supplied electronic ballasts for general lighting
A.C. and/or D.C. supplied electronic control gear for fluorescent lamps
Electromagnetic control gear for discharge lamps (excluding fluorescent
lamps)
Protection against voltage disturbances
and electromagnetic disturbances
Measures of protection against overcurrent
D.C. or A.C. supplied electronic ballasts
for discharge lamps (excluding fluorescent lamps)
D.C. or A.C. supplied electronic stepdown convertors for filament lamps
D.C. supplied electronic ballasts for public transport lighting
Ballasts for fluorescent lamps
Battery supplied electronic control gear
for emergency lighting (self-contained)
D.C. supplied electronic ballasts for aircraft lighting
Baker & McKenzie
Country
Notification
Date Issued
Comments
CHE/173
12/9/2013
1/31/2014
Biocidal products
Taiwan Economy
TPKM/142/Add.1
12/13/2013
Not given
Pre-packaged Rice Thread
Taiwan Economy
TPKM/152
12/13/2013
2/13/2014
Non-wood walking sticks
Taiwan Economy
TPKM/153
12/16/2013
12/11/2013
Food for human consumption
United Arab Emirates
ARE/180
12/11/2013
2/11/2014
Trans fatty acids
ARE/181
12/16/2013
2/16/2014
Halal Foods
ARE/182
12/16/2013
2/16/2014
Slaughterhouses
United States
USA/489/Add.3
12/16/2013
Not given
Infant bath seats (HS 9401.80)
United States
USA/539/Add.2
12/16/2013
Not given
Toddler beds (HS 9404)
United States
USA/560/Add.1
12/16/2013
Not given
Manufactured housing
United States
USA/564/Add.3
12/16/2013
Not given
Baby cribs
Switzerland
United States
USA/578/Add.4
12/11/2013
Not given
Consumer products and commercial and
industrial equipment
United States
USA/771/Add.1
12/12/2013
Not given
Infant carriers
United States
USA/829/Add.2
12/11/2013
Not given
Mechanically tenderized beef products
United States
USA/838/Add.1
12/16/2013
Not given
Electric motors
United States
USA/859/Add.1
12/11/2013
Not given
Wool products (HS 4102)
United States
USA/871
12/9/2013
12/6/2013
Appliances
United States
USA/872
12/11/2013
1/28/2014
Fuels
United States
USA/873
12/11/2013
2/4/2014
Commercial and industrial electric motors
United States
USA/874
12/16/2013
1/23/2014
General service lamps (HS 8512.90)
United States
USA/872/Add.1
12/19/2013
Not given
Fuels
United States
USA/872/Corr.1
12/19/2013
Not given
Fuels
United States
USA/875
12/19/2013
6/16/2014
Consumer antiseptics
Viet Nam
VNM/35
12/4/2013
2/4/2014
Iron and steelmaking technologies and
equipment
Viet Nam
VNM/36
12/4/2013
2/4/2014
Medical devices
CBP Rulings: Downloads and Searches
Because US Customs and Border Protection issues several thousand rulings a
year, it is not practical to list each ruling. However, rulings are made available for
downloading in self extracting files approximately every two weeks at:
http://www.cbp.gov/xp/cgov/trade/legal/rulings/downloadable_rulings/. In addition, almost all rulings issued by US Customs or US Customs and Border Protection from 1993 to the present and many issued before 1993 are available for
search and downloading using the CROSS search engine at
http://rulings.cbp.gov.
101
Baker & McKenzie
CBP Rulings: Revocations or Modifications
The following table summarizes proposals made or actions taken that were published in the weekly Customs Bulletin and Decisions during the past month by US
Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify binding rulings or treatment previously accorded to substantially identical merchandise.
Published in
CBP Bulletin
(P) Proposed
(A) Action
Ruling(s) to be
Modified (M) or
Revoked (R)
Product(s) or Issue(s)
Tariff classification of a
3D Starter Pack Kit for a
(A) 12-18-13
3D or 3D-Ready DLP
Television
Tariff classification of
Amalfi Lanterns from
(P) 12-18-13 India
Tariff classification of
certain USB flash drives
Old Classification or Position
New Ruling
New Classification or
Position
NY N123038 (R) 9013.80.90
HQ H234514 9004.90.00
NY N084615 (R) 7013.99.90
HQ H097728 9405.50.40
NY N011540 (R) 8471.70.90
HQ H168206 8523.51.00
Comments Due
(C) or Effective
Date (E)
(E) 02-17-14
(C) 01-17-14
European Classification Regulations
The table below shows the Classification Regulations that were published in the
Official Journal during the period covered by this International Trade Compliance
Update.
Commission
Implementing
Regulation
Description of the goods
The article is a rectangular box made
of solid paperboard with an outer surface of plastic sheeting not exceeding
half of the total thickness.
The box is constructed like a chest
holding a single drawer which pulls
away from inside the box and is designed to display a bottle when the
box is opened.
(EU) № 1228/2013
of 28 Nov. 2013
The drawer is made to hold a bottle of
wine of specific dimensions. On the
inside of the drawer a circular button
is fixed to one wall and a ring-like
structure is fixed to the opposite wall.
The ring-like structure is designed to
enclose the top of a bottle and the
circular button to fit into the hollow
part of the bottom of a bottle.
Moreover, inside the drawer a paperboard sleeve is fixed to the side wall
to hold a leaflet.
See photograph which is purely for
information.
102
Classification
(CN code)
4202 92 19
Reasons
Classification is determined by General Rules 1
and 6 for the interpretation of the Combined Nomenclature, note 2(h) to Chapter 48 and the
wording of CN codes 4202, 4202 92 and 4202 92
19.
Classification under heading 4819 as a box of
paperboard is excluded, as the article is not just
a simple box of paperboard of that heading but,
due to its design, its solidity, the plastic sheeting
and the internal structure to accommodate a bottle of specific dimensions, it is recognizable as a
bottle-case of paperboard and sheeting of plastics, covered by the second part of the text of
heading 4202.
The article is therefore to be classified under CN
code 4202 92 19 as a “bottle-case”.
Baker & McKenzie
Commission
Implementing
Regulation
Article consisting of a wooden platform (measuring approximately 40 to
40 cm) covered on the upper and
edges with a felt lined woven fabric of
synthetic fibres (polypropylene). The
fabric has a backing of cellular plastic.
(EU) № 1229/2013
of 28 Nov. 2013
In the centre of the platform, there is a
60 cm high tube made of cardboard,
with a cover on both ends. The cover
at the bottom end is made of hard
plastic, and a screw is passed through
the wooden platform into that plastic
cover in order to attach the platform to
the tube. The cover at the top end of
the tube consists of a round piece of
wooden material having a diameter of
approximately 12 cm and being covered with a woven pile fabric (a plush
of 60% polyacryl and 40% polyester).
The tube is covered with a sisal mat
glued to it and fixed to it by staples.
The sisal mat consists of a latex backing applied to a woven fabric of spun
vegetable fibres of sisal (see photo no
668B). The spun strings of sisal fibres
measure more than 20 000 decitex
each.
(See photographs nos. 668A and
668B) which are purely for information
Classification
(CN code)
6307 90 98
Reasons
Classification is determined by general rules 1,
3(b) and 6 for the interpretation of the Combined
Nomenclature (GIR), note 7(f) to Section XI and
the wording of CN code 6307, 6307 90 and 6307
90 98.
Given its objective characteristics, the article is
an article for cats and is designed to attract cats
and to keep them away from furniture that they
would otherwise scratch and occupy.
Classification as furniture under heading 9403 is
excluded because that heading covers products
of a different nature which are used for private
dwellings, hotels, offices, schools, churches,
shops, laboratories, etc. (see also the Harmonised System Explanatory Notes (HSEN) to
heading 9403 of the HS).
Classification as toys under heading 9503 is also
excluded because the article is identifiable as
intended exclusively for animals and thus not
covered by that heading in accordance with note
5 to Chapter 95.
The textile material is essential to attract cats
(e.g. to scratch their claws on it, sit on it and play
with it) and consequently essential to the use of
the article as a scratching and playing facility for
cats. Thus, it is the textile material (not the wood,
paperboard or plastic) that gives the article its
essential character within the meaning of GIR
3(b).
The sisal fibres of heading 5305 have been spun
103
Baker & McKenzie
Commission
Implementing
Regulation
Classification
(CN code)
Reasons
into twine of heading 5607 within the meaning of
note 3 (A) (e) to Section XI of the CN (see also
the HSEN to heading 5305, first paragraph, and
the distinction between yarns and twine in table I,
type: of other vegetable fibres, in the HSEN to
Section XI, General, (1) (B) (2)).
However, the woven sisal fabric cannot be classified in heading 5609 as an article of twine, because this heading does not cover textile articles
covered by a more specific heading for textile
fabrics such as heading 6307 (see also the
HSEN to heading 5609, first paragraph and third
paragraph, point (c)).
Neither the sisal mat nor the felt lined woven
fabric of synthetic fibres with its backing of cellular plastic can be classified in Chapter 57 within
the meaning of note 1 to that Chapter as those
materials are part of a cat scratcher and do not
have a furnishing purpose (see also the HSEN to
Chapter 57, General, first paragraph)
668A
Consequently, a made-up article consisting of
woven sisal fabric, woven pile fabric, and felt
lined woven fabric of synthetic fibres, should be
classified under heading 6307.
The article should therefore be classified under
CN code 6307 90 98 as “other made-up textile
articles”.
668B
The product is put up for retail sale in
tablet form with a total weight of ca.
900 mg each, one tablet consisting of
(mg):
3004 90 00
— alpha-lipoic acid 300,
Although the product is presented as a food supplement, it has effects in the field of the prevention or treatment of diseases or ailments. Its
classification under heading 2106 as a food
preparation not elsewhere specified or included
is therefore excluded (see also Harmonized System Explanatory Notes to heading 2106, point
(16)).
— calcium (as dibasic calcium phosphate) 88,5,
(EU) № 1230/2013
of 28 Nov. 2013
— microcrystalline cellulose, hydroxypropyl ethylcellulose, colloidal silicon dioxide and magnesium stearate ca. 511.
The product is put up for retail sale in measured
doses and exhibits clearly defined prophylactic or
therapeutic properties, e.g. against polyneuropathy.
According to the label, the product is
presented as a food supplement for
human consumption. The recommended daily dose indicated on the
label is one tablet per day.
(EU) № 1231/2013
of 28 Nov. 2013
104
Treated distillate aromatic extract
(TDAE) having the following physico-
Classification is determined by the General Rules
1 and 6 for the interpretation of the Combined
Nomenclature and the wording of CN codes
3004 and 3004 90 00.
It is therefore to be classified as a medicament
put up in measured doses for retail sale of heading 3004.
2707 99 99
1, and 6 for the interpretation of the Combined
Nomenclature and by the wording of CN codes
Baker & McKenzie
Commission
Implementing
Regulation
Classification
(CN code)
Reasons
chemical properties:
2707, 2707 99 and 2707 99 99.
— content of aromatic constituents
between 74,2 % and 75 % by
weight, as determined by the
chromatography column process
described in Annex A to Chapter
27 of the Explanatory Notes to the
Combined Nomenclature (CNEN);
As the product has not been directly obtained by
distillation or refining of crude petroleum oils or of
crude oils obtained from bituminous materials
and the weight of the aromatic constituents in the
product exceeds that of the non-aromatic constituents, classification under heading 2710 as
petroleum oils and oils obtained from bituminous
minerals, other than crude, preparations not
elsewhere specified or included containing by
weight 70 % or more of petroleum oils and oils
obtained from bituminous minerals or waste oils
is excluded (see Note 2 to Chapter 27).
— density at 15 °C between 0,9521
and 0,9590 g/cm 3 ;
— not more than 4 % by volume distils up to 300 °C, as determined by
the ASTM D 86-67 (EN ISO 3405)
method.
As the product has not been directly obtained
from petroleum, petroleum oils or from oils of
bituminous minerals and the content of aromatic
constituents in the product is less than 80 %,
classification under heading 2713 as petroleum
coke, petroleum bitumen or other residues therefrom is excluded (see also the Explanatory Notes
to the Combined nomenclature (CNEN) to subheadings 2713 90 10 and 2713 90 90).
TDAE is an extract that is the result of
the refining of lubricants from vacuum
distillation residues.
The aromatic constituents are produced as byproducts in the refining
of lubricating oil base stocks and
waxes.
The product is an aromatic extract obtained by
the refining of lubricants from vacuum distillation
residues. Due to its content of aromatic constituents, it belongs to the category of oils or similar
products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents (see also the CNEN to subheadings
2707 99 91 and 2707 99 99, item 2).
The product is used as plasticizer for
non- vulcanised rubber compounds
that constitute raw materials in the
manufacture of tyres and other vulcanised rubber products.
It is therefore to be classified under CN code
2707 99 99.
A non-alcoholic beverage ready for
immediate consumption consisting of
(% by weight):
(EU) № 1232/2013
of 28 Nov. 2013
Peach puree
31
Carrot juice concentrate
28
Apple juice concentrate
12
Pear puree
7
Pineapple juice concentrate
7
Grape juice concentrate
4
Pear juice concentrate
3
2202 90 10
1 and 6 for the interpretation of the Combined
Nomenclature, Note 3 to Chapter 22 and the
wording of CN codes 2202, 2202 90 and 2202 90
10.
As the product is obtained from a mixture of several fruit juice concentrates and a vegetable juice
concentrate with the addition of fruit purees, the
product has lost the original character of a fruit
juice of heading 2009 (see also the Harmonized
System Explanatory Notes to heading 2009).
The product is presented as a non- alcoholic
beverage consisting of fruit juice concentrates, a
vegetable juice concentrate and fruit purees.
and orange pulp, acerola cherry puree
concentrate, apple fibre and lemon
juice concentrate.
The product is therefore to be classified under
CN code 2202 90 10.
The ingredients of this product are
pasteurised and filled in small containers (100 ml) for retail sale.
(EU) No 1405/2013 A product with the following composition:
of 20 Dec.2013
105
2207 20 00
1, 3(b) and 6 for the interpretation of the Com-
Baker & McKenzie
Commission
Implementing
Regulation
Classification
(CN code)
— 90,0 to 99,9 % by weight of ethyl
alcohol (anti-freeze agent);
— Additives (denaturation agents):
— 20 mg/litre pure alcohol of denatonium benzoate,
— 5 ml/litre pure alcohol of isopropyl
alcohol, and
— either 5 ml/litre pure alcohol of butyl alcohol or 10 ml/litre pure alcohol of methyl ethyl ketone;
— 1 g/litre pure alcohol of surface
active agent.
The addition of denatonium benzoate,
isopropyl alcohol, and butyl alcohol or
methyl ethyl ketone renders the product unfit for human consumption.
The product is transported in tanks or
cisterns. No packaging is available for
retail sale.
According to the accompanying documents, the product is a concentrate
for the production of anti-freezing fluid.
Reasons
bined Nomenclature and the wording of CN
codes 2207 and 2207 20 00.
Due to its high ethyl alcohol contents, the product
is not suitable to be directly used as an antifreezing fluid, since it needs to be diluted with
water in order to minimize the adverse chemical
reaction with the elastomers which are in contact
with the circulating anti-freezing fluid. The product can therefore not be used as an anti-freezing
or de-icing fluid of heading 3820. Classification
under heading 3820 is therefore excluded.
Given its objective characteristics, namely the
high proportion of ethyl alcohol and the presence
of various denaturing agents (denatonium benzoate, isopropyl alcohol, butyl alcohol, methyl
ethyl ketone), as well as the absence of antifreeze agents other than ethyl alcohol, the essential character of the product is given by the
denatured alcohol.
The product is therefore to be classified as denatured ethyl alcohol of CN code 2207 20 00.
The table below shows amendments to the explanatory notes to the Combined
Nomenclature of the European Union that were published in the Official Journal
during the period covered by this International Trade Compliance Update.
Official Journal
CN code or page
03-12-13
2711 (p. 125)
(2013/C 353/04)
19-12-13
1602 (p. 74)
(2013/C 372/04)
31-12-13
9705 (p. 397)
(2013/C 382/04)
Description of Articles
New text is added after 2711 ‘Petroleum gases and other gaseous hydrocarbons’ : 2711
19 00 and 2711 29 00
Insert new text between heading 1602 and subheading 1602 10 00 related to seasoned
poultry
The Explanatory note to subheading 9705 00 00 is deleted.
Section 337 Actions
In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C.
§1337) provides in rem relief from unfair practices in import trade, including unfair
methods of competition in the importation of articles, importation and sale in
the United States of articles which infringe US patents, registered trademarks,
copyrights or mask works. Listed below are 337 actions published during the past
month by the US International Trade Commission, the independent United States
agency charged with enforcement of section 337.
106
Baker & McKenzie
Inv. №
Commodity
337–TA–739
337–TA–841
Certain ground fault circuit interrupters and
products containing same
Certain computers and computer peripheral
devices, and components thereof, and products containing same
337–TA–847
Certain mobile phones and tablet computers, and components thereof
337–TA–850
Certain electronic imaging devices
337–TA–860
337–TA–863
337–TA–878
337–TA–879
337–TA–885
Certain optoelectronic devices for fiber optic
communications, components thereof, and
products containing the same
Certain paper shredders, certain processes
for manufacturing or relating to same and
certain products containing same and certain parts thereof
Certain electronic devices having placeshifting or display replication functionality and
products containing same
Certain sleep-disordered breathing treatment systems and components thereof
Certain portable electronic communications
devices, including mobile phones and components thereof
337–TA–890
Certain sleep-disordered breathing treatment systems and components thereof
337–TA–891
Certain laundry and household cleaning
products and related packaging
337–TA–894
Certain tires and products containing
same
337–TA–895
Certain multiple mode outdoor grills and
parts thereof
337–TA–903
Certain antivenom compositions and products containing the same
Action
(Enforcement Proceeding) Final Commission determination; issuance of cease and desist orders; termination of the investigation
Commission determination terminating the investigation with a
finding of no violation of section 337
Commission determination to review in part a final initial determination finding a violation of section 337; schedule for briefing on
the issues under review and on remedy, the public interest, and
bonding
Notice of Commission determination to review-in-part a final determination
Notice of request for statements on the public interest
Commission determination not to review an initial determination
terminating the investigation based on a settlement agreement,
consent order, and withdrawal of the complaint; termination of investigation
Issuance of a limited exclusion order and cease and desist orders
against respondents found in default; termination of investigation
Institution of an advisory opinion proceeding
granting Google, Inc.’s motion to intervene
granting an unopposed motion of complainants Resmed Corp.,
Resmed Inc., and Resmed Ltd. to amend the complaint
granting a joint motion to terminate the investigation in its entirety;
termination of investigation
granting-in-part complainants’ motion to amend the complaint and
notice of investigation to add respondents
granting complainant’s motion to amend the complaint and notice
of investigation
Institution of an investigation based on a complaint filed by BTG
International alleging patent infringement
In addition to the above actions, the ITC has published notices indicating that it
has received complaints filed on behalf of the following companies alleging violations of §337 with regard to the listed commodities and soliciting comments on
any public interest issues raised by the complaints:
Ref. №
DN 2990
DN 2991
DN 2993
DN 2994
107
Commodity
Certain acousto-magnetic electronic article surveillance systems, components thereof, and products containing same
Certain wireless devices, including mobile phones and tablets
II
Certain vision-based driver assistance system cameras and
components thereof
Certain standard cell libraries, products containing or made
using the same, integrated circuits made using the same, and
Complaint filed on behalf of:
Tyco Fire & Security GmbH, Sensormatic Electronics, LLC and Tyco Integrated Security, LLC
Pragmatus Mobile, LLC
Magna Electronics Inc.
Tela Innovations, Inc.
Baker & McKenzie
Ref. №
Commodity
Complaint filed on behalf of:
products containing such integrated circuits
DN 2995
Certain soft-edged trampolines and components thereof
Springfree Trampoline, Inc., Springfree Trampoline
USA, Inc. and Spring Free Limited Partnership
Antidumping, Countervailing Duty and Safeguards
Investigations, Orders & Reviews
In order to assist our clients in planning, we are listing antidumping, countervailing
duty and safeguards notices published or posted during the past month from the
US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other
countries. (Click on blue text for link to official document.)
Key: AD, ADD=antidumping, antidumping duty, CVD=countervailing duty or subsidy; LTFV=less than fair value.
United States Department of Commerce, International Trade Administration (ITA)
Inv. №
Merchandise/Country
Certain stilbenic optical brightening agents
from Taiwan
A–469–814 Chlorinated isocyanurates from Spain
A–583–848
A–549–821 Polyethylene retail carrier bags from Thailand
Certain frozen warmwater shrimp from Vietnam
Non-malleable cast iron pipe fittings from ChiA–570–875
na
Countervailing duty investigation of chlorinated
A–570–991
isocyanurates from China
A–552–802
A–570–890 Wooden bedroom furniture from China
A–570–910
C–570–911
A–570–983
A–570–943
A–570–933
A–821–808
A–570–998
A–570–836
Circular welded carbon-quality steel pipe from
China
Circular welded carbon-quality steel pipe from
China
Drawn stainless steel sinks from China
Certain oil country tubular goods from China
Frontseating service valves from China
Certain cut-to-length carbon steel plate from
the Russian Federation
1,1,1,2-Tetrafluoroethane from China
Glycine from China
C–489–819 Steel concrete reinforcing bar from Turkey
C–570–999 1,1,1,2-Tetrafluoroethane from China
C–570–993, Monosodium glutamate from China and IndoC–560–827 nesia
C–570–995 Grain-oriented electrical steel from China
108
Action
Rescission of ADD administrative review; 2011-2013
Final results of ADD administrative review; 2011-2012
Notice of court decision not in harmony with final results of administrative review and notice of amended final results of administrative review; 2009-2010
Rescission of ADD new shipper review
Final results of the expedited second sunset review of the ADD
order
Postponement of preliminary determination
Notice of court decision not in harmony with final results of administrative review and notice of amended final results of administrative review pursuant to court decision
Continuation of ADD order
Continuation of CVD order
Initiation of new shipper review
Suspension agreement; final results of ADD administrative review
Initiation of ADD investigation
Final rescission of ADD new shipper review; 2012
Postponement of preliminary determination in the CVD investigation
Initiation of CVD investigation
Postponement of preliminary determination in the CVD investigations
Postponement of preliminary determination in the CVD investigation
Baker & McKenzie
Inv. №
Merchandise/Country
A–201–837 Certain magnesia carbon bricks from Mexico
Prestressed concrete steel rail tie wire from
A–201–843
Mexico
A–570–990
China
A–549–829
Thailand
A–588–804 Ball bearings and parts thereof from Japan
A–412–801 and the UK
A–570–893 Certain frozen warmwater shrimp from China
Certain cut-to-length carbon steel plate from
A–570–849
China
A–570–886 Polyethylene retail carrier bags from China
Rescission of ADD administrative review
Preliminary determination of sales at LTFV and postponement of
final determination
final determination
final determination
Notice of reinstatement of ADD orders, resumption of administrative reviews, and advance notification of sunset reviews
Notice of final reconsideration of changed circumstances review
Final results and final no shipments determination of ADD administrative review; 2011-2012
Affirmative preliminary determination of circumvention of the ADD
order
C–570–997
Non-oriented electrical steel from China, S.
C–580–873
Korea, and Taiwan
C–583–852
Postponement of preliminary determinations in the CVD investigations
C–533–856 Steel threaded rod from India
Preliminary affirmative CVD determination and alignment of final
determination with final AD determination
Certain new pneumatic off-the-road tires from
China
Diamond sawblades and parts thereof from
A–570–900
China
C–570–913
C–533–858 Certain oil country tubular goods from India
C–489–817 Certain oil country tubular goods from Turkey
A–570–904 Certain activated carbon from China
A–570–922
A–583–842
C–570–923
A–821–820
A–307–824
Raw flexible magnets from China and Taiwan
Raw flexible magnets from China
Ferrosilicon from the Russian Federation and
Venezuela
Polyethylene terephthalate film, sheet, and
A–520–803
strip from the United Arab Emirates
A–427–818 Low enriched uranium from France
A–570–831 Fresh garlic from China
A–201–838
A–570–836
A–570–924
A–428–840
A–580–809
A–570–941
A–570–912
109
Action
Seamless refined copper pipe and tube from
Mexico
Glycine from China
strip from China
Lightweight thermal paper from Germany
Circular welded non-alloy steel pipe from S.
Korea
Certain kitchen appliance shelving and racks
from China
Certain new pneumatic off-the-road tires from
China
Final results of the expedited sunset review of the CVD order
Preliminary results of ADD administrative review; 2011–2012
Preliminary affirmative CVD determination and alignment of final
Preliminary negative CVD determination and alignment of final
2012-2013; partial rescission of the sixth ADD administrative review
Final results of the expedited sunset reviews of the ADD orders
Final results of expedited sunset review
Postponement of preliminary determinations of ADD investigations
Preliminary results of ADD administrative review; 2011-2012
Continuation of ADD order
Preliminary results and partial rescission of the 18th ADD administrative review; 2011-2012
Preliminary results of ADD administrative review; 2011-2012
Preliminary results and partial rescission of ADD administrative
review; 2011–2012
Initiation and preliminary results of ADD changed circumstances
review
Baker & McKenzie
Inv. №
A–421–811
A–570–924
A–201–805
A–423–808
A–489–501
A–588–845
Merchandise/Country
Purified carboxymethylcellulose from the
Netherlands
strip from China
Certain circular welded non-alloy steel pipe
from Mexico
Stainless steel plate in coils from Belgium
Welded carbon steel standard pipe and tube
products from Turkey
Stainless steel sheet and strip in coils from
Japan
A–549–831 Steel threaded rod from Thailand
Action
Final results of ADD administrative review and final no shipment
determination; 2011-2012
Initiation of ADD new shipper review
Final results of the 2011-2012 ADD administrative review
final results of ADD administrative review; 2011-2012
Initiation of expedited changed circumstances review, and preliminary results of changed circumstances review
Preliminary determination of sales at LTFV and affirmative preliminary determination of critical circumstances
United States International Trade Commission (USITC)
Inv. №
701–TA–455
731–TA–1149
731–TA–1092
701–TA–448
731–TA–1117
701–TA–452
731–TA–1129-1130
701–TA–506-508
731–TA–1238-1243
701–TA–449
731–TA–1118-1121
731–TA–1206
731–TA–909
701–TA–503-504
731–TA–1229-1230
701–TA–417
731–TA–953, 957–
959, 961, and 962
731–TA–991
701–TA–509
110
Merchandise/Country
Action
Circular welded carbon quality steel
(Review) Institution of five-year reviews
line pipe from China
Diamond sawblades and parts there(Review) Institution of five-year review
of from China
(Review) Scheduling of an expedited five-year review of AD and
Certain off-the-road tires from China
CVD orders
Raw flexible magnets from China and (Review) Scheduling of expedited five-year reviews concerning the
Taiwan
CVD order (China) and the ADD orders
(Preliminary) Determinations that there is a reasonable indication
Non-oriented electrical steel from
that an industry in the United States is materially injured by reason
of imports from all six countries that are alleged to be sold at
China, Germany, Japan, Korea,
LTFV, and by reason of imports l that are allegedly subsidized by
Sweden, and Taiwan
the Governments of China, Korea, and Taiwan
Light-walled rectangular pipe and
(Review) Scheduling of full five-year reviews concerning the CVD
tube from China, Korea, Mexico, and order (China) and the ADD orders (China, Korea, Mexico, and
Turkey
Turkey)
Diffusion-Annealed, Nickel-Plated
Flat-Rolled Steel Products from Ja(Final) Scheduling of the final phase of an ADD investigation
pan
(Second Review) Determination that revocation of the ADD order
Low enriched uranium from
would be likely to lead to continuation or recurrence of material
France
injury to an industry in the United States within a reasonably foreseeable time
Monosodium glutamate from China
of imports that are alleged to be sold in the United States at LTFV
and Indonesia
and subsidized by the Governments of China and Indonesia.
Carbon and certain alloy steel wire
(Second Review) Scheduling of full five-year reviews concerning
rod from Brazil, Indonesia, Mexico,
the CVD order (Brazil) and the ADD orders (Brazil, Indonesia,
Moldova, Trinidad and Tobago, and
Mexico, Moldova, Trinidad and Tobago, and Ukraine)
Ukraine
(Second Review) Scheduling of a full five-year review concerning
Silicon metal from Russia
ADD order
1,1,1,2-Tetrafluoroethane from China (Preliminary) Determinations that there is a reasonable indication
Baker & McKenzie
United States International Trade Commission (USITC)
Inv. №
731–TA–1244
701–TA–490
731–TA–1204
701–TA–510
731–TA–1245
731–TA–1114
701–TA–509
731–TA–1244
Merchandise/Country
Action
of imports that are alleged to be sold in the United States
at LTFV, and that are allegedly subsidized by China
(Final) Determinations that an industry in the United States is not
materially injured or threatened with material injury, and the estabHardwood plywood from China
lishment of an industry in the United States is not materially retarded, by reason of imports that are subsidized and sold in the
United States at LTFV
(Preliminary) Institution of AD and CVD investigations and schedCalcium hypochlorite from China
uling of preliminary phase investigations
(Review) Determination that revocation of the ADD order would be
Steel nails from China
likely to lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.
1,1,1,2-Tetrafluoroethane from China
of imports that are alleged to be sold in the United States at LTFV,
and that are allegedly subsidized by the Government of China.
Canadian International Trade Tribunal (CITT)
Ref. Number
NQ-2013-003
NQ-2013-004
RR-2013-001
Merchandise/Country
Certain silicon metal from China
Action
Reasons issued for finding that the dumping and subsidizing of the aforementioned goods have not caused
injury but are threatening to cause injury to the domestic
industry
Dumping of circular copper tube originating in or
exported from Brazil, Greece, China, S. Korea and Findings that the dumping and the subsidizing have
Mexico; Subsidizing of circular copper tube originat- caused injury.
ing in or exported from China
Structural tubing originating in or exported from S.
Expiry review: orders and reasons issued
Korea, South Africa and Turkey
Canada Border Services Agency (CBSA)
Ref. Number
Merchandise/Country
4214-32 AD/1392 Certain stainless steel sinks originating in or ex4218-31 CV/129 ported from China
Dumping: Certain copper tube originating in or ex4214-40 AD/1401 ported from Brazil, Greece, China, S. Korea and
4218-38 CV/137 Mexico; Subsidizing: Certain copper tube originating in or exported from China
4214-24 AD/1383 Mattress innerspring units from China
Dumping and subsidizing: Certain thermoelectric
RR-2012-004
containers, excluding liquid dispensers, originating
in or exported from China.
4214-28 AD/1387 Greenhouse bell peppers from the Netherlands
111
Action
Notice of re-investigation
Statement of reasons
Notice of conclusion of re-investigation
Order and reasons issued
Notice of conclusion of re-investigation
Baker & McKenzie
NAFTA Panels
Ref. №
MEX-USA-2011-1904-01
Merchandise/Country
Action
Certain types of stearic acid originating
in the United States, regardless of the
country of origin
Notice of completion of panel review of the Final Determination of validity exam and review of office of the
antidumping duties
Mexico - Ministry of Economy
Ref. №
12/08
Merchandise/Country
Cold rolled sheet exported from S. Korea, regardless of the country of origin
Action
Resolution accepting the commitments of Posco and Hyundai
Hysco Co. Ltd. exporters and suspends the process of the AD
investigation
Notice of Mexican Antidumping Cases That Will Expire in 2014
Date of
DOF Notice
April 22, 2014
7612.10.01 Venezuela
May 14, 2014
April 3, 2014
7209.16.01
Russia and Kazakhstan
7209.17.01
June 30, 2014
May 26, 2014
2835.39.02 China
August 4, 2014
June 30, 2014
7307.93.01 China
7317.00.99 China
August 5, 2014
November 30, 2014
July 1, 2014
October 24, 2014
Product
Tariff
Plastic Sprayers
Flexible tubular containers
of aluminum
19 Dec. ‘13
9616.10.01 China
Deadline to
Receive the
Representation of
Interest
March 13, 2014
Cold Rolled Steel Sheet
Hexametaphosphate
sodium
Carbon steel connections
Steel concrete nails
Country Of
Origin
Last Day of the
AD Term
European Union
Ref. Number
Merchandise/Country
Certain seamless pipes and tubes of iron or
steel originating in Ukraine
Crystalline silicon photovoltaic modules and
(EU) No 1238/2013 key components (i.e. cells) originating in or
consigned from China
(EU) No 1239/2013 key components (i.e. cells) originating in or
2013/C 353/07
2013/707/EU
key components (i.e. cells) originating in or
Certain filament glass fibre products originating in China
Tube and pipe fittings of iron or steel originating in or exported from China and Thailand
2013/C 366/09
extended to Taiwan, Indonesia, Sri Lanka and
Philippines
Certain iron or steel ropes and cables originat(EU) No 1342/2013
ing in the Russian Federation
(EU) No 1343/2013 Peroxosulphates (persulphates) originating in
2013/C 362/05
112
Action
Notice concerning the AD measures in force: modification
of the name of a company subject to individual ADD
Council Implementing Regulation imposing a definitive
ADD and collecting definitively the provisional duty imposed
CVD
Commission Implementing Decision confirming the acceptance of an undertaking offered in connection with the
anti-dumping and anti-subsidy proceedings for the period of
application of definitive measures
Notice of initiation of an anti-subsidy proceeding
Notice of the impending expiry of certain AD measures
Council Implementing Regulation repealing the AD
measures following an expiry review
Baker & McKenzie
European Union
Ref. Number
Merchandise/Country
Action
China
ADD
Commission Regulation initiating an investigation concerning the possible circumvention of anti-dumping measures
Certain open mesh fabrics of glass fibres orig- imposed by Council Implementing Regulation (EU) No
(EU) No 1356/2013
inating in China
791/2011 by imports of certain slightly modified open mesh
fabrics of glass fibres originating in China, and making such
imports subject to registration
Certain filament glass fibre products originat- Notice of initiation of a partial interim review of the AD
2013/C 371/07
ing in China
measures
Certain welded tubes and pipes of iron or non2013/C 372/10
alloy steel originating in Belarus, China, Rus- Notice of initiation of an expiry review of the AD measures
sia and Ukraine
Certain welded tubes and pipes of iron or non2013/C 372/11
Notice of the expiry on 20-12-13 of certain AD measures
alloy steel originating in Thailand
Polyester staple fibres originating in China,
2013/C 372/12
Notice of initiation of an anti-subsidy proceeding
India and Vietnam
2013/C 373/11
Synthetic fibre ropes originating in India
Notice of the expiry on 23.12.2013 of certain AD measures
Council Implementing Regulation extending the definitive
ADD imposed by Implementing Regulation (EU) No
Certain open mesh fabrics of glass fibres orig(EU) No 1371/2013
791/2011 to imports consigned from India and Indonesia,
inating in China
whether declared as originating in India and Indonesia or
not
Corrigendum to Council Regulation imposing a definitive
ADD following a proceeding pursuant to Article 5 of Regulation (EC) No 384/96, originating in Thailand following an
Certain welded tubes and pipes of iron or nonexpiry review, originating in Ukraine following an expiry
(EC) No 1256/2008 alloy steel originating in Belarus, China and
review and an interim review, and terminating the proceedRussia
ings in respect of imports of the same product originating in
Bosnia and Herzegovina and Turkey
(OJ L 343, 19.12.2008, p. 1)
Australian Customs and Border Protection Service
ADN №
2013/95
2013/97
Wind towers exported from China and S. Korea
Tubeless steel demountable rims exported
from China
2013/99
Wind towers exported from China and S.Korea
2013/100
various
Zinc coated (galvanised) steel and Aluminium
zinc coated steel Exported from China
Prepared or preserved peach products exported from South Africa
Prepared or preserved tomatoes exported
from Italy
Zinc coated (galvanised) steel and aluminium
zinc coated steel exported from China
Power transformers exported from China, Indonesia, S. Korea, Taiwan, Thailand and Vietnam
2013/101
2013/102
2013/103
2013/104
2013/106
113
Merchandise/Country
Action
Preliminary affirmative determination and imposition of securities
Expiration of AD measures
Extension of time granted to issue the statement of essential
facts
Status report at 30 November 2013
Termination of accelerated reviews for exports by
South Polar Lights Steel (Shanghai) Co., Ltd
Termination of Investigation
Further extension of time granted to issue the statement of essential facts
Statement of essential facts to be published as soon as practicable
Revision of level of securities
Baker & McKenzie
China Ministry of Commerce (MOFCOM)
Ref. №
85, 2013
Merchandise/Country
Automobiles and SUVs from the US
Action
Termination of ADD/CVD investigation
Government of India Ministry of Finance (Department of Revenue)
Reference
Merchandise/Country
Polypropylene originating in, or exported from, Oman, Saudi Arabia and
Singapore
Seamless pipes, tubes and hollow
132/2013-Cus.(NT)
profiles of iron or non-alloy steel
32/2013 (ADD)
33/2013 (ADD)
Phosphoric acid from China
34/2013 (ADD)
Recordable Digital Versatile Disc
(DVD) of all kinds originating in or exported from Vietnam
Action
Revokes the duty imposed on imports of the subject goods originating in or exported from Oman, and for that purpose amends the
Table to the said notification
Extends the period up to 21st March, 2014 for submission of final
findings on safeguard investigation
Continued imposition of definitive anti-dumping duty on modified
rates
Enhancement in the quantum of anti-dumping duty
Brazil Ministry of Development, Industry and Trade
Reference
SECEX Cir. № 75
SECEX Cir. № 76
SECEX Cir. № 77
CAMEX Res. № 106
CAMEX Res. № 107
CAMEX Res. № 114
CAMEX Res. № 115
CAMEX Res. № 116
CAMEX Res. № 117
SECEX Cir. № 78
CAMEX Res. № 122
CAMEX Res. № 123
CAMEX Res. № 124
114
Merchandise/Country
Adipic acid from Germany, USA, France, Italy
and China
Biaxially oriented polypropylene film (BOPP)
without graphic printing from Argentina, Chile,
Peru, Colombia, India and Chinese Taipei
Pencil resin from China
New pneumatic rubber, diagonal, of a kind
used on motorcycles, from Thailand, China,
and Vietnam
Basic refractory magnesia originating in China
and Mexico.
New rubber tires for passenger cars originating in China
Polycarbonate resin in powder forms, flake,
granule or pellet, with melt flow index . between 1 and 59.9 g/10 min, from Thailand
Viscose fibers length of 32 mm to 120 mm
from Austria , Indonesia, China, Thailand and
Chinese Taipei
Flat-rolled products of stainless steel originating in Germany, China, South Korea, Finland,
Chinese Taipei and Vietnam
Grooved copper tubes originating in Mexico
and China
Indigo blue reduction from Germany.
indigo blue reduction from China and Singapore.
Nylon threads originating in China, S. Korea,
Thailand and Chinese Taipei
Action
Commencement of investigation to determine the
existence of dumping
Investigation terminated at the request of the petitioner
Applies ADD for a period of five (5) years
Amending Annex I to CAMEX Res. № 56, 24-07-13
Suspends for a period of one year, the levying of ADD
imposed by Resolution CAMEX No. 43 of June 19, 2013
Suspends until April 8, 2014, the levying of ADD imposed
by Resolution CAMEX No. 20 of 8 April 2009
Denies request to suspend the ADD
Extending the definitive ADD for a period of five (5) years
Baker & McKenzie
www.bakermckenzie.com
For further information please contact:
Editor of International Trade
Compliance Update
Stuart P. Seidel
Washington, D.C.
(202) 452-7088
Steering Committee Contacts
for the International Trade,
Compliance and Customs Practice Group
Edmundo Elias
Guadalajara, Mexico
+52 (33) 3819-0322
edmundo.elias@bakermckenzie.com
Customs
Terrie A. Gleason
Washington, D.C., USA
+1 (202) 452- 7030
teresa.gleason@bakermckenzie.com
Export Controls and Sanctions
Silwia A. Lis
+1 (202) 835-6147
silwia.lis@bakermckenzie.com
Trade Remedies
B. Thomas Peele
+1 (202) 452-7035
Thomas.peele@bakermckenzie.com
WTO
Serge Pannatier
Geneva, Switzerland
+41 (0) 22-707-98-00
serge.pannatier@bakermckenzie.com
Opportunity to Request Administrative Review
In a December 3, 2013 Federal Register notice, the US Department of Commerce
announced that it will receive requests to conduct administrative reviews of various antidumping (AD) and countervailing duty (CVD) orders and findings with December anniversary dates:
AD/CVD Proceedings - Country/ Merchandise
Case No.
Antidumping Duty Proceedings
Brazil: Carbon Steel Butt-Weld Pipe Fittings
A–351–602
Chile: Certain Preserved Mushrooms
A–337–804
India: Carbozole Violet Pigment 23
A–533–838
Certain Hot-Rolled Carbon Steel Flat Products
A–533–820
Commodity Matchbooks
A–533–848
Stainless Steel Wire Rod
A–533–808
Indonesia: Certain Hot-Rolled Carbon Steel Flat
Products
A–560–812
Japan: P.C. Steel Wire Strand
A–588–068
Welded Large Diameter Line Pipe
A–588–857
S. Korea: Welded Astm A–312 Stainless Steel Pipe
A–580–810
SR of Vietnam: Uncovered Innerspring Units
A–552–803
South Africa: Uncovered Innerspring Units
A–791–821
Taiwan: Carbon Steel Butt-Weld Pipe Fittings
A–583–605
Steel Wire Garment Hangers
A–583–849
Welded Astm A–312 Stainless Steel Pipe
A–583–815
The PR of China: Carbazole Violet Pigment 23
A–570–892
Cased Pencils
A–570–827
Crystalline Silicon Photovoltaic Cells,
Whether Or Not Assembled into Modules
A–570–979
Hand Trucks and Parts Thereof .
A–570–891
Honey
A–570–863
Malleable Cast Iron Pipe Fittings
A–570–881
Multilayered Wood Flooring
A–570–970
Porcelain-On-Steel Cooking Ware
A–570–506
Silicomanganese
A–570–828
Countervailing Duty Proceedings
India: Carbozole Violet Pigment 23
C–533–839
C–533–821
Commodity Matchbooks
C–533–849
Indonesia: Certain Hot-Rolled Carbon Steel Flat
Products
C–560–813
Thailand: Certain Hot-Rolled Carbon Steel Flat
Products
C–549–818
The PR of China: Crystalline Silicon Photovoltaic Cells,
Whether Or Not Assembled into Modules
C–570–980
Multilayered Wood Flooring
C–570–971
Suspension Agreements
None.
Period
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
8/2/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
5/25/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
12/1/12–11/30/13
1/1/12–12/31/12
1/1/13–12/31/13
1/1/12–12/31/12
1/1/13–12/31/13
1/1/12–12/31/12
3/26/12–12/31/12
1/1/12—12/31/12
Anti-corruption
Requested Reviews
Maria I. McMahon
+1 (202) 452-7058
In a December 3, 2013 Federal Register notice, the US Department of Commerce
announced that it has received timely requests to conduct administrative reviews
of various antidumping and countervailing duty orders and findings with October
anniversary dates. See actual notices for companies requesting review:
maria.mcmahon@bakermckenzie.com
115
Baker & McKenzie
Case No.
Period
Antidumping duty proceedings
Mexico: Carbon and Certain Alloy Steel Wire Rod
A–201–830
The PR of China: Helical Spring Lock Washers
A–570–822
Steel Wire Garment Hangers
A–570–918
Countervailing Duty Proceedings:
The PR of China: Certain Magnesia Carbon Bricks
C–570–955
Suspension Agreements
No suspension agreements
10/1/12–9/30/13
10/1/12–9/30/13
10/1/12–9/30/13
1/1/12—12/31/12
In a December 30, 2013 Federal Register notice, the US Department of Commerce announced that it has received timely requests to conduct administrative
reviews of various antidumping and countervailing duty orders and findings with
November anniversary dates. See actual notices for companies requesting review:
Case No.
Antidumping duty proceedings
Brazil: Polyethylene Terephthalate (PET) Film
A-351-841
Germany: Lightweight Thermal Paper
A-428-840
Mexico: Certain Circular Welded Non-Alloy Steel Pipe A-201-805
Seamless Refined Copper Pipe and Tube
A-201-838
S. Korea: Certain Circular Welded Non-Alloy Steel Pipe A-580-809
PR of China: Certain Cut-to-Length Carbon Steel Plate A-570-849
A-570-865
Diamond Sawblades and Parts Thereof
A-570-900
Fresh Garlic
A-570-831
Lightweight Thermal Paper
A-570-920
Polyethylene Terephthalate (PET) Film
A-570-924
Seamless Refined Copper Pipe and Tube
A-570-964
United Arab Emirates: Polyethylene Terephthalate
(PET) Film
A-520-803
Countervailing Duty Proceedings:
Indonesia: Coated Paper Suitable For High-Quality Print
Graphic Using Sheet-Fed Presses
C-560-824
PR of China: Coated Paper Suitable For High-Quality
Print Graphic Using Sheet-Fed Presses
C-570-959
Lightweight Thermal Paper
C-570-921
No suspension agreements
Period
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
11/1/12 - 10/31/13
1/1/12 - 12/31/12
1/1/12 - 12/31/12
1/1/12 - 12/31/12
Initiation of Sunset Reviews
In a December 2, 2013, Federal Register notice, the US Department of Commerce advised that it was automatically initiating a five-year (“Sunset”) review of
the antidumping and countervailing duty orders listed below.
DOC
AD/CVD
Case No.
ITC Case
No.
Country
A–570–935 731–TA–1149 China
A–570–900 731–TA–1092 China
C–570–936 701–TA–455 China
116
Merchandise
Circular Welded Carbon Quality Steel Line Pipe
st
(1 Review).
Diamond Sawblades (1st Review)
Circular Welded Carbon Quality Steel Line Pipe
st
(1 Review).
Baker & McKenzie
Advance Notification of Sunset Reviews
In a December 3, 2013, Federal Register notice, the US Department of Commerce advised that the following cases were scheduled for five-year (“Sunset”)
reviews for January 2014.
AD/CVD Proceedings - Merchandise/Country
Case No.
st
Small Diameter Graphite Electrodes from China
A-570-929 (1 Review)
No Sunset Review of countervailing duty orders is scheduled for initiation in January 2014
No Sunset Review of suspended investigations is scheduled for initiation in January 2014
©2013 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service
organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm.
This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
117

Agenda_WP328773_VReynolds_London_w table

Transcription

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