Baker McKenzie

International Trade Compliance Update

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

Newsletter | July 2021

Dear Readers,
In This Issue:
We take this opportunity to bid a fond farewell and thank you to Stu Seidel,
who for the past 19 years has been the editor of the Baker McKenzie Inter-
national Trade Compliance Update newsletter.
World Trade Organization (WTO)
World Customs Organization (WCO) After a tremendous 51+ years of practicing customs law, Stu will be retiring
Other International Matters on June 30, 2021. Stu joined Baker McKenzie as a partner in the Interna-
North America
tional Trade group in Washington, DC in 2001, having previously served as
Assistant Commissioner for the US Customs Service (now US Customs and
South America Border Protection).
Asia-Pacific
Europe, Middle East and North Africa
Please join us in thanking Stu for his dedication to the Trade community, to
Baker McKenzie, and to the newsletter and in wishing him all of the best for
Africa (except North Africa) his next chapter!
New sletters, reports, articles, etc.
Webinars, Meetings, Seminars, etc. Going forward, we will be transitioning the PDF newsletter to a fully virtual
format that will feature more original curated content from our global trade
WTO Cov id-19 Notifications team. Baker McKenzie's revamped international trade compliance newslet-
WTO TBT Notifications ter and blog will be coming soon! Stay tuned for more details in the coming
CBP Rulings: Dow nloads and
weeks and, in the meantime, we invite you to visit and subscribe to our inter-
Searches national trade blogs:
CBP Rulings: Rev ocations or Modifi-  International Trade Compliance Update
cations  Sanctions & Export Controls Update
European Classification Regulations  Global Supply Chain Compliance
 Foreign Investment and National Security Blog
Section 337 Actions
 BREXIT
Antidumping, Counterv ailing Duty  Global Compliance News
and Safeguard Inv estigations, Or-
ders & Rev iews
Jennifer Trock
Chair, Global Aviation Group and North America International Commercial
Practice Group

Editor, International Trade Com-

pliance Update
Stuart P. Seidel
Washington, D.C.

This may qualify as “Attorney Advertis- Please see our Webinars, Meetings, Seminars section for information for
ing” requiring notice in some jurisdic-
tions. Prior results do not guarantee a
links to the webinars in our 18th annual Global Trade and Supply Chain
similar outcome. Webinar Series: “International Trade & Developments in a World Fo-
cused on Recovery & Renewal,” which is on-going, as well as links to addi-
Please see copyright and acknowl- tional webinars and other events.
edgements on the last page
This Update covers material published through June 26, or 28 (US), 2021

Please see copyright and acknowl-

edgements on the last page Ed- Inter-
itor na- 1
International Trade Compliance Update | July 2021
tional
Trade

Compliance Update
 Baker McKenzie

Note: Unless otherw ise indicated, all information in this Update is taken from official ga-
zettes, official w ebsites, new sletters or press releases of international organizations
The International Trade Compliance
(UN, WTO, WCO, APEC, INTERPOL, etc.), the EU, EFTA, EAEU, Customs Unions or
Update is a publication of the government agencies. The specific source usually may be obtained by clicking on the
Global International Commercial blue hypertext link. Please note that as a general rule, information related to fisheries is
and Trade Practice Group of Baker not covered.
McKenzie. Articles and comments
are intended to provide our readers
w ith information on recent legal de- WORLD TRADE ORGANIZATION (WTO)
velopments and issues of signifi-
cance or interest. They should not Recent disputes
be regarded or relied upon as legal
advice or opinion. Baker McKenzie The following disputes have been recently brought to the WTO. Click on the case
advises on all aspects of Interna- (“DS”) number below to go to the WTO website page for details on that dispute.
tional Trade law .
-o- DS No. Case Name Date

A note on spelling, grammar China - Anti-Dumping Measures on Stainless Steel Products from
DS 601 15-06-21
Japan - Request for consultations by Japan
and dates--
In keeping with the global nature
of Baker McKenzie, the original DSB activities
spelling, grammar and date format-
During the period covered by this update, the Dispute Settlement Body (DSB) or
ting of non-USA English language
parties to a dispute took the following actions or reported the following activities.
material has been preserved from
the original source whether or not
Requests for a panel are not listed (click on “DS” number to go to summaries of
the material appears in quotes. the case, click on “Activity” to go to the latest news or documents):

Translations of most non-English DS No. Case Name Activity Date

language documents are unofficial Request for the es-
and are performed via an auto- China - Measures Concerning the Importa-
DS 589 tablishment of a 18-06-21
mated program and are for infor- tion of Canola Seed from Canada -
Panel by Canada
mation purposes only. Depending
on the language, readers with the
COVID-19: Trade and trade-related measures
Chrome browser should be able to
automatically get a rough to excel- The WTO has set up a dedicated webpage to help governments, business, the
lent English translation. media and the public track the latest information on trade-related responses to
the COVID-19 outbreak. For measures posted during the period covered by this
Credits: Update, see the WTO COVID-19 Trade and Trade-Related Measures section
below.
Unless otherwise indicated, all in-
formation is taken from official inter- TBT Notifications
national organization or government
websites, or their newsletters or Member countries of the WTO are required under the Agreement on Technical
press releases. Barriers to Trade (TBT Agreement) to report to the WTO all proposed technical
regulations that could affect trade with other Member countries. The WTO Secre-
Source documents may be tariat distributes this information in the form of “notifications” to all Member coun-
accessed by clicking on the blue tries. See separate section on WTO TBT Notifications for a table which summa-
hypertext links.
rizes notifications posted by the WTO during the past month.
This Update contains public sector infor-
mation licensed under the Open Govern-
ment Licence v3.0 of the United King-
WORLD CUSTOMS ORGANIZATION (WCO)
dom. In addition, the Update uses mate-
rial pursuant to European Commission Announcements and news releases [dd-mm-yy]
policy as implemented by Commission
Decision of 12 December 2011. Date Title

01-06-21 WCO Workshop to support Esw atini Customs w ith Risk Management
East African Customs administrations confirmed their advancement together un-
02-06-21
der the WCO/JICA Joint Project
The WCO COVID-19 Project supports Madagascar Customs in enhancing its
03-06-21 preparedness by drafting Standard Operating Procedures to expedite the move-
ment of relief goods and humanitarian aid

International Trade Compliance Update | July 2021 2

 Baker McKenzie

Date Title
WCO Secretary General addresses the 43rd Annual Conference of the Carib-
bean Customs Law Enforcement Council (CCLEC)
04-06-21
On World Environment Day, the WCO joins the call for action to restore our eco-
systems
WCO Secretary General addresses trade ministers and business leaders from
the Asia-Pacific Economic Cooperation (APEC)
Regional online Workshop on Customs Valuation and Transfer Pricing jointly
held by WCO and OECD
07-06-21 WCO and OLAF strengthen cooperation to tackle customs fraud
Virtual Workshop on Organizational Performance Measurement for the WCO
MENA Region
Virtual PITCH training deployed in Panama w ithin the WCO-UNODC Container
Control Programme
The GTFP pursues its collaboration w ith the Customs Administration of Peru
w ith a Strategic Planning Mission
The European Union introduces new Value-Added Tax rules for e-commerce
09-06-21
from 1 July 2021
WCO supports global fight against illicit trafficking during a joint Press Confer-
ence in Antw erp
WCO Europe Region Heads of Customs Meeting in preparation for the upcom-
10-06-21
ing Council Session
10th ASEAN - WCO Consultation
11-06-21 Successful completion of West Africa MTP resulting a pool of 18 quality trainers
on Risk Management and Intelligence Analysis (RM & IA)
The WCO facilitates a virtual LMD w orkshop for the National Directorate of Tax
14-06-21
and Customs of Colombia
COPES CCP Training for Iraq Customs
The RKC MC concluded Step 2 under the Four step framew ork of the compre-
16-06-21 hensive review of the RKC
Launching Ceremony of the WCO Regional Dog Training Centre in Korea and
WCO Virtual Workshop on Canines for the Asia/Pacific region
Sida-WCO Trade Facilitation and Customs Modernization Programme initiates
support to the Botsw ana Unified Revenue Service (BURS)
Botsw ana is making headw ay in implementing advance rulings
Zimbabw e Revenue Authority taking steady road to implement HS 2022
17-06-21
Enhancing national border agency cooperation w ith the Peruvian Border Agen-
cies
Free zone experts of the North of Africa, North and Middle East Region discuss
effective implementation of the WCO Practical Guidance on Free Zones
22-06-21 The Intermediate course on Data Analytics is now available on CLiKC!
23-06-21 COPES CCP Training for Kazakhstan Customs
19th Integrity New sletter
WCO Supports Integrity and Trade Facilitation Priorities in Ecuador
WCO Programmes Help Build Trust betw een Customs and the Private Sector in
Mozambique
24-06-21
Latest edition of WCO New s now available
A new WCO Regional Customs Laboratory in Nanjing, China
WCO virtual Workshop to support The Gambia’s process of accession to the
Revised Kyoto Convention
Zimbabw e reaches another landmark in w ork on tariff matters
25-06-21 WCO EUR Regional Workshop on Data Analytics
International Day against Drug Abuse and Illicit Trafficking
WCO Council renew s support for the Secretariat in preparation for a post-pan-
26-06-21
demic w orld

International Trade Compliance Update | July 2021 3

 Baker McKenzie

OTHER INTERNATIONAL MATTERS

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

Date Title

25-06-21 2021/042 - CITES Big Cats Task Force

FAS GAIN Reports

Below is a partial list of Global Agriculture Information Network (GAIN) reports
that were recently issued by the US Foreign Agriculture Service (FAS) in the
Food and Agricultural Import Regulations and Standards (FAIRS) and Exporter
Guide series as well as other reports related to import or export requirements.
These provide valuable information on regulatory standards, import require-
ments, export guides, and MRL (maximum residue limits). Information about,
and access to, other GAIN reports may be found at the FAS GAIN reports web-
site.

Member GAIN Report

Burma FAIRS Export Certificate Report Annual
Consultation on Regulatory Requirements for the Environmental Release of
Canada
Plants
China Draft Food Safety Standard for Use of Food Additives
Hong Kong Written Submission to WTO Panel on U.S. Origin Marking Requirement
India US-India Transitory Timeline for Organic Market Access and Accreditation
India Bulk Food Labeling Requirements Remain in Effect
Indonesia New Foreign Dairy Facility Registration Questionnaire
Japan USJTA Treatment for Fresh Fruit
Japan USJTA Treatment for Frozen and Dried Fruit
Japan USJTA Treatment for Pulses
Japan USJTA Treatment for Vegetable Preparations and Juice
Japan USJTA Treatment for Coarse Grains
Japan USJTA Treatment for Fresh and Frozen Vegetables
Japan Voluntary Government Standards for Vegetarian and Vegan Food
Japan USJTA Treatment for Coffee Tea and Spices
Japan USJTA Treatment for Sugars and Sugar Confectionary
Japan USJTA Treatment for Fruit Juice and Jams 2021
Japan USJTA Treatment for Whey 2021
Japan USJTA Treatment for Fruit Preparations 2021
Japan USJTA Treatment for Yogurt and Other Dairy Components 2021
Japan USJTA Treatment for Fats and Oils 2021
Japan Feed Import Regulations and Standards
Malaysia Enforcing Nutrition Labeling Requirements for Processed Foods
Malaysia New Labeling Requirements for Chilled and Frozen Beef
Mexico Front of Pack Labeling Manual Published
Russia Traceability System for Grain and Grain Products
Russia FAIRS Export Certificate Report
VPSS Introduces Contrasting Proposals on the Importation and Transporta-
Russia
tion of GE Products To and Within the Russian Federation
Sri Lanka Restricting Import of Fertilizers and Agrochemicals
Sri Lanka FAIRS Country Report Annual
Sri Lanka FAIRS Export Certificate Report Annual
Turkey FAIRS Export Certificate Report
Ukraine FAIRS Export Certificate Report

International Trade Compliance Update | July 2021 4

 Baker McKenzie

NORTH AMERICA
CANADA
Canada imposes sanctions against listed persons in Belarus
Effective June 21, 2021, the Government of Canada imposed new sanctions
against 17 individuals and 5 entities under the Special Economic Measures (Bel-
arus) Regulations (the “Regulations”). The sanctions were imposed in response
to alleged systemic human rights violations and the May 23, 2021 diversion, by
the Belarusian regime, of Ryanair Flight 4978 from its planned course in order to
land in Minsk. The imposition of sanctions by the Government of Canada was
taken in coordination with the United Kingdom, European Union, and United
States.
Listed persons under the Regulations are considered inadmissible to Canada un-
der the Immigration and Refugee Protection Act. In addition, the Regulations ef-
fectively impose an asset freeze on listed persons because, subject to prescribed
exceptions, it is prohibited for any person in Canada and any Canadian outside
of Canada to:
1. deal in any property, w herever situated, that is ow ned, held or controlled by a
listed person or by a person acting on behalf of a listed person;
2. enter into or facilitate any transaction related to a dealing referred to in point (1)
above;

3. provide any financial or related services in respect of a dealing referred to in

point (1) above;
4. make available any goods, w herever situated, to a listed person or to a person
acting on behalf of a listed person; and
5. provide any financial or related service to or for the benefit of a listed per son.

The Regulations further prohibit any person in Canada and any Canadian outside
of Canada from knowingly doing anything that causes, facilitates or assists in, or
is intended to cause, facilitate or assist in any of the prohibited activities de-
scribed above. For additional background information, please see the press re-
lease (here) from the Government of Canada regarding the imposition of these
sanctions.
Authors: Paul D. Burns, Brian Cacic and Jacqueline Rotondi.
Miscellaneous regulations and proposals
The following documents of interest to international traders were published in the
Canada Gazette. (The sponsoring ministry, department or agency is also shown.
N=notice, PR=proposed regulation, R=regulation, O=Order)

Publication
Title
Date

PUBLIC HEALTH A GENCY OF CANADA (PHA): Minimizing the Risk of Exposure to

COVID-19 in Canada Order (Prohibition of Entry into Canada from any Coun-
try Other than the United States) (OIC)
PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibi-
06-05-21 tion of Entry into Canada from the United States) (OIC)
PHA: Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quaran-
tine, Isolation and Other Obligations) (OIC)
NATIONAL RESOURCES: Proposed Regulations Amending the Explosives Regu-
lations, 2013 (Restricted Components) (PR)
FINANCE/GLOBAL A FFAIRS: Order Repealing the United States Surtax Order
06-09-21
(Aluminum 2020) (SOR/2021-112, June 1, 2021) (O)..

International Trade Compliance Update | July 2021 5

 Baker McKenzie

Publication
Title
Date

HEALTH : Order Fixing June 30, 2021 as the Day on Which Sections 45 to 58 of
the Canada–European Union Comprehensive Economic and Trade Agree-
ment Implementation Act Come into Force (SI/2021-25, June 1, 2021)
HEALTH : Proposed Regulations Amending the Food and Drug Regulations (Ex-
06-12-21
ports and Transhipments of Drugs). (PR)
GLOBAL A FFAIRS: Order Amending the Export Control List (SOR/2021-121,
June 4, 2021)
HEALTH : Nicotine Concentration in Vaping Products Regulations. (SOR/2021-
06-23-21
123, June 10, 2021) (R)
GLOBAL A FFAIRS: Regulations Defining “official development assistance”
(SOR/2021-128, June 10, 2021) (R)
HEALTH : Interim Order Respecting Ultraviolet Radiationemitting Devices and
Ozone-generating Devices (O)
HEALTH : Order Approving the Interim Order Respecting Ultraviolet Radiation-
emitting Devices and Ozone-generating Devices (OIC)
06-26-21
HEALTH : Proposed Regulations (PR) the Food and Drug Regulations (Supple-
mented Foods) (PR)
HEALTH : Proposed Regulations Amending the Natural Health Products Regula-
tions .(PR)

CBSA advance rulings

The Canada Border Services Agency (CBSA) has enhanced the Advance Ruling
(Tariff Classification and Origin) and National Customs Ruling programs by pub-
lishing ruling letters in their entirety, with the applicant’s consent, on the CBSA
Web site.
D-Memoranda and CNs revised or cancelled
The following is a list of Canada Border Services Agency D-Memoranda, Cus-
toms Notices (CNs) and other publications issued, revised or cancelled during
the past month. (Dates are given in yyyy/mm/dd format.)

Date Reference Title

05-28-21 D9-1-6 Goods manufactured or produced part by prison or forced labour
Amendments to the Departmental Consolidation of the Customs
06-23-21 CN 21-16
Tariff

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
MEXICO
Diario Oficial
The following documents of interest to international traders were published in the
Diario Oficial de la Federacion: Note: With regard to standards, only those which
appear to apply to international trade are listed. (An unofficial English translation
is shown.)

Publication Title
Date

FOREIGN RELATIONS: Promulgative Decree of the Trade Continuity Agreement

06-01-21 betw een the United Mexican States and the United Kingdom of Great Britain
and Northern Ireland, made in Mexico City on December 15, 2020.

International Trade Compliance Update | July 2021 6

 Baker McKenzie

Publication Title
Date

FOREIGN RELATIONS: Promulgative Decree of the Agreement relating to Article

12 of the Trade Continuity Agreement betw een the United Mexican States and
the United Kingdom of Great Britain and Northern Ireland, entered into by
means of an exchange of letters dated in Mexico City on December 29, 2020.
HACIENDA: Resolution that establishes the General Rules relating to the appli-
cation of the customs provisions of the Trade Continuity Agreement betw een
the United Mexican States and the United Kingdom of Great Britain and North-
ern Ireland.
HACIENDA: Sixth Resolution of modifications to the General Rules of Foreign
Trade for 2020.
ECONOMY : Agreement by w hich the Applicable Rate of the General Import Tax
is disclosed for goods originating in the United Kingdom of Great Britain and
Northern Ireland.
ECONOMY : Agreement by w hich the quota is disclosed to export to the United
Kingdom of Great Britain and Northern Ireland in the period from July 1 of one
year to June 30 of the follow ing year, concentrated frozen orange juice w ith a
degree of concentration greater than 20 ° Brix, originating in the United Mexi-
can States.
ECONOMY : Agreement by w hich the quotas to export various products to the
United Kingdom of Great Britain and Northern Ireland originating in the United
Mexican States are disclosed.
ECONOMY : Agreement disclosing the quota and the allocation mechanism for
importing processed tuna, except loins, originating in the United Kingdom of
Great Britain and Northern Ireland.
ECONOMY : Decree by w hich the diverse one that establishes the bases accord-
ing to w hich the Partial Scope Agreement No. 38, signed betw een the United
Mexican States and the Republic of Paraguay, published in the Official Ga-
06-03-21 zette of the Federation w ill be applied on 17 April 2000.
ECONOMY : Acuerdo by w hich the tariff preferences of the Partial Scope of Re-
negotiation Agreement No. 38 entered into betw een the United Mexican
States and the Republic of Paraguay are disclosed
HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the
sale of gasoline in the border region w ith the United States of America, corre-
sponding to the specified period, are disclosed.
06-04-21
HACIENDA: Agreement by w hich the amounts of the fiscal incentives applicable
to the sale of gasoline in the border region w ith Guatemala, corresponding to
the specified period, are disclosed.
FOREIGN RELATIONS: Decree approving the Second Modifying Protocol to the
Free Trade Agreement betw een the United Mexican States and the Eastern
Republic of Uruguay, signed in the city of Santa Cruz de la Sierra, Bolivia, on
November 15, tw o thousand three, signed in Montevideo, on November
tw enty-seven, tw o thousand and nineteen.
FOREIGN RELATIONS: Decree approving the Third Additional Protocol to the
Free Trade Agreement betw een the United Mexican States and the Eastern
06-08-21
Republic of Uruguay, signed in the city of Santa Cruz de la Sierra, Bolivia, on
November 15, tw o thousand three, signed in Montevideo, Oriental Republic of
Uruguay, on November 20, tw o thousand and tw enty.
FOREIGN RELATIONS: Decree approving the Agreement on the Mutual Recogni-
tion and Protection of the Denominations of Spirits betw een the United Mexi-
can States and the United Kingdom of Great Britain and Northern Ireland,
made in Mexico City on November 30 of tw o thousand and tw enty.
FOREIGN RELATIONS: Promulgative Decree of the Agreement betw een the Gov-
ernment of the United Mexican States and the Government of the Hong Kong
Special Administrative Region of the People's Republic of China for the Recip-
rocal Promotion and Protection of Investments, made in Davos, Sw itzerland,
06-11-21
on January 23, tw o thousand tw enty.
HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the
sale of gasoline in the border region w ith the United States of America, corre-
sponding to the specified period, are disclosed.

International Trade Compliance Update | July 2021 7

 Baker McKenzie

Publication Title
Date

HACIENDA: Acuerdo by w hich the amounts of the fiscal incentives applicable to

the sale of gasoline in the border region w ith Guatemala, corresponding to the
specified period, are disclosed.
HACIENDA: Seventh Resolution of Modifications to the General Rules of For-
eign Trade for 2020.
ECONOMY : Acuerdo that modifies the one that establishes the merchandise
w hose importation is subject to regulation by the Ministry of Agriculture and
06-16-21
Rural Development, as w ell as the issuance of the certificate of origin for the
export of coffee.
HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the
sale of gasoline in the border region w ith the United States of America, corre-
sponding to the specified period, are disclosed.
06-18-21
HACIENDA: Acuerdo by w hich the amounts of the fiscal incentives applicable to
the sale of gasoline in the border region w ith Guatemala, corresponding to the
specified period, are disclosed.
ECONOMY : Acuerdo by w hich the quota to import chicken meat is disclosed un-
06-23-21
der the indicated tariff -quota.
HACIENDA: Acuerdo by w hich the amounts of tax incentives applicable to the
sale of gasoline in the border region w ith the United States of America, corre-
sponding to the specified period, are disclosed.
06-24-21
HACIENDA: Acuerdo by w hich the amounts of the fiscal incentives applicable to
the sale of gasoline in the border region w ith Guatemala, corresponding to the
specified period, are disclosed.

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
UNITED STATES
[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED S TATES SECTION BELOW: N=NOTICE, FR=FINAL RULE
OR ORDER , PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE OR
ORDER, TR=TEMPORARY RULE OR ORDER , RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEAR-
ING OR MEETING; E=E XTENSION OF TIME; C=CORRECTION ; RO=REOPENING OF COMMENT PERIOD ;
W=WITHDRAWAL. P LEASE NOTE: M EETINGS WHICH HAVE ALREADY TAKEN PLACE ARE GENERALLY NOT
LISTED . IN ADDITION , IN CITATIONS WITHIN ARTICLES, THE ABBREVIATIONS FR (FOR FEDERAL REGISTER )
AND CFR (FOR CODE OF FEDERAL REGULATIONS), THE GOVERNMENT ’S PREFERRED ABBREVIATIONS, ARE
OFTEN USED INSTEAD OF FED . REG. OR C.F.R., THE B LUE B OOK’ S PREFERRED STYLE. FURTHERMORE,
S TATUTE T ITLES AND REGULATIONS ARE OFTEN ITALICIZED .]

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

Date Subject

Executive Order 14032 of June 3, 2021 - Addressing the Threat From Securi-
06-07-21 ties Investments That Finance Certain Companies of the People's Republic of
China
Executive Order 14033 of June 8, 2021 - Blocking Property and Suspending
Entry Into the United States of Certain Persons Contributing to the Destabilizing
Situation In the Western Balkans
Notice of June 8, 2021- Continuation of the National Emergency With Respect
06-10-21 to the Actions and Policies of Certain Members of the Government of Belarus
and Other Persons to Undermine Democratic Processes or Institutions of Bela-
rus
Notice of June 8, 2021 - Continuation of the National Emergency With Respect
to the Western Balkans

International Trade Compliance Update | July 2021 8

 Baker McKenzie

Date Subject

Executive Order 14034 of June 9, 2021 - Protecting Americans' Sensitive Data

06-11-21
From Foreign Adversaries
Notice of June 21, 2021 - Continuation of the National Emergency With Re-
06-23-21
spect To North Korea

Also see SECTIONS 201, 232 AND 301 TARIFF INFORMATION AND PROD-
UCT EXCLUSIONS and EXPORT CONTROLS AND SANCTIONS sections
The White House announces key findings from 100-day reviews
under “America’s Supply Chains” Executive Order and takes ac-
tions intended to ensure supply chain resilience
On June 9, 2021, Baker McKenzie’s Global Supply Chain Compliance Blog pub-
lished the blog “The White House Announces Key Findings from 100-Day Re-
views Under ‘America’s Supply Chains’ Executive Order and Takes Actions In-
tended to Ensure Supply Chain Resilience.” The post examines a set of reports
published by the White House following a 100-day review of four key supply
chains: semiconductor manufacturing and advanced packaging; large capacity
batteries, including electric vehicle batteries; critical minerals and materials; and
pharmaceuticals and advanced pharmaceutical ingredients. These reports as-
sessed risks within these supply chains and provides policy recommendations to
address those risks. These reports, along with the accompanied fact sheet, out-
line new compliance matters, including export controls, that companies should
consider. Details of these measures will be unpacked in further blog posts on the
Global Supply Chain Compliance Blog, so we encourage you to subscribe to that
blog to ensure that you receive the latest updates.
Authors: Kerry B. Contini and Maria Piontkovska.
FOR COMMERCE SECTION 232 AND USTR SEC. 301 TARIFF AND EXCLUSION INFOR-
MATION AND CBP GUIDANCE ON BOTH, PLEASE SEE THE NEW SECTION BELOW.

USTR announces first meeting of the USMCA Labor Council

On June 11, 2021, the Office of the United States Trade Representative (USTR)
published in the Federal Register a notice announcing that the Parties to the
United States-Mexico-Canada Agreement (USMCA) intend to hold the first meet-
ing of the Labor Council virtually, on June 29, 2021. The session will include a
government-to-government Labor Council meeting and a virtual public session
on implementation of the USMCA labor chapter. The USTR and the US Depart-
ment of Labor (DOL) seek suggestions for topics to be discussed during the La-
bor Council meeting and questions from the public in advance of the public ses-
sion.
The Parties will host a virtual public session on USMCA Chapter 23 (Labor) im-
plementation from 12:00 p.m. to 2:00 p.m. EDT on June 29, 2021. The deadline
for submission of written suggestions for the Labor Council meeting topics and
questions for the public session is June 22, 2021.

[In order to simplify research, Secs. 201, 232 and 301 proclamations, tariff no-
tices and CBP implementation instructions are now be covered in the same sec-
tion of this Update, which follows]
SECTIONS 201, 232 AND 301 TARIFF INFORMATION AND PRODUCT EX-
CLUSIONS

International Trade Compliance Update | July 2021 9

 Baker McKenzie

SEC. 232
US Court of International Trade declares Section 232 steel and alu-
minum tariffs on 'derivative' products invalid and orders refunds the
tariff
In brief
On 5 April 2021, the US Court of International Trade (Court) issued a significant
ruling that overturns a portion of the Section 232 tariffs imposed by President
Trump under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862).
The decision affects the duties imposed on US imports of steel and aluminum
“derivative” products but not the more general steel and aluminum tariffs. The
Court found that President Trump missed the statutory deadline when he ex-
tended Section 232 tariffs to cover steel and aluminum derivative products more
than two years after he received the original Section 232 report. In particular, the
President failed to issue the proclamation expanding the duties within the 105-
day window beginning upon receipt of the investigation report issued by the Sec-
retary of Commerce. The decision may provide a path to meaningful relief (i.e.,
refunds and future imports with no Section 232 duties) to importers of these prod-
ucts and also provides important precedent for the ongoing litigation challenging
the Section 301 tariffs imposed on Chinese goods.
This recent decision follows an earlier one in the same proceeding (Slip Op 21-8,
dated 27 January 2021), in which the Court denied both the government's motion
to dismiss and the plaintiff's motion for summary judgment, meaning the Court or-
dered additional briefing on the critical question of when the 105-day period be-
gan. The US Government declined to submit additional evidence on this ques-
tion, and the Court concluded that the government therefore waived an argument
that it complied with the 105-day time limit. After finding the President's actions
unlawful, the Court ordered covered entries to be liquidated without the assess-
ment of duties and refunds of past duties paid by the plaintiff.
[Ed: On June 17, 2021, a notice of appeal was filed in the US Court of Appeals
for the Federal Circuit and assigned case number 2021-2066. The Short caption
is PrimeSource Building Products, Inc. v. US].
Download alert
Authors: Kevin M. O’Brien, Christine M. Streatfeild and Caroline Bisk.
SEC. 301
US and UK reach understanding on large civil aircraft; tariffs to be
suspended for five years
In a Joint Statement with the UK, on June 17, 2021, the US Trade Representa-
tive (USTR) announced that:
The United States and the United Kingdom [today] reached an understanding
to resolve a long-standing trade irritant relating to large civil aircraft. This de-
velopment strengthens our special relationship and builds on the revitalized
Atlantic Charter, which affirms our ongoing commitment to sustaining and de-
fending our enduring values against new and old challenges.
The framework provides that the US and the UK will work together to over-
come any disagreements in the sector and counter non-market practices. It
also provides that they will not impose tariffs related to this dispute for five
years. The agreement is a model for ensuring fair competition and address-
ing challenges posed by non-market economies.

International Trade Compliance Update | July 2021 10

 Baker McKenzie

The following general principles will guide the cooperation between the
United States and the United Kingdom in this sector:
1. The tw o sides w ill establish a Working Group on large civil aircraft, to be led
by each side’s respective Minister responsible for trade. The Trade Ministers
w ill consult at least yearly. The Working Group w ill meet on request or at
least every 6 months.

2. The Working Group w ill seek to analyze and overcome any disagreements
betw een the sides, including on any existing support measures. The Work-
ing Group w ill collaborate on and continue discussing and developing these
principles and appropriate actions.
3. Each side intends to provide any financing to its large civil aircraft (LCA) pro-
ducer for the production or development of large civil aircraft on market
terms.
4. Each side intends to provide any funding for research and development
(R&D) for large civil aircraft to its LCA producer through an open and trans-
parent process and intends to make the results of fully government funded
R&D w idely available, to the extent permitted by law . Each side intends not
to provide R&D funding, or other support, that is specific, to its LCA producer
in a w ay that w ould cause negative effects to the other side.
5. The tw o sides w ill continue discussions to further operationalize paragraphs
3 and 4, w hich apply to all levels of government.

6. Each side intends to collaborate on jointly analyzing and addressing non-

market practices of third parties that may harm their respective large civil air-
craft industries. The tw o sides w ill implement the annexed understanding on
cooperation on non-market economies through the Working Group.
7. Each side intends not to impose countermeasures for a period of 5 years,
starting from 4 July 2021, in the expectation that the other side w ill contribute
to establishing fair competition and to addressing shared challenges from
non-market economies.

As part of cooperative framework, the United States and the United Kingdom
also released an annex on confronting, China and other non-market econo-
mies. To more effectively address the challenge posed by non-market econo-
mies, the parties will explore concrete ways to intensify their cooperation in
these areas:
a. Inform ation sharing. The tw o sides w ill share information regarding cyber-
security concerns, the priorities described below , and other areas relevant to
non-market practices in the large civil aircraft sector.
b. Inw ard investm ents. The tw o sides w ill coordinate and explore common
approaches and enhanced cooperation regarding the screening of inw ard
investments in the large civil aircraft sector, including those w hose financing
is supported by a non-market economy. Such inw ard investments can lead
to the appropriation of critical technologies relevant to the sector by a non-
market economy or a producer located in the territory of a non-market econ-
omy, w hich may pose a national security risk.
c. Outw ard investm ents. The tw o sides w ill coordinate and explore common
approaches and enhanced cooperation regarding the screening of new out-
w ard investments in joint ventures and production facilities in non-market
economies to ensure that such activities are not influenced by non-market
forces, including conditioning the in-country purchases on the location of
production facilities or other actions, that lead to the transfer of technology or
jobs to the detriment of market-oriented actors, or other risks to national se-
curity.
d. Joint analysis of non-m arket practices. Each side w ill discuss coordinat-
ing their approach to tackling the challenges of non-market competition in
the LCA sector. Some economies do not report transparently all domestic
subsidies and provide extensive support to their large c ivil aircraft sector

International Trade Compliance Update | July 2021 11

 Baker McKenzie

through subsidized equity investment, state lending, and state-directed pur-

chases. The tw o sides w ill share information about such subsidies, and iden-
tify points w here joint w ork is needed to clarify the extent of state support,
w ith the goal of establishing the basis for joint or parallel action in the future,
including through appropriate multilateral mechanisms. Some economies
also do not permit their airlines to make purchases in line w ith commercial
considerations. The tw o sides w ill develop information and consider joint ac-
tion to ensure purchases reflect those that private, market-oriented operators
w ould undertake.

See the framework here.

See the UK statement here.
The Joint Statement follows a similar announcement on June 15, 2021, by the
US and the European Union (see below).
US and EU reach understanding on large civil aircraft; tariffs to be
suspended for five years
On June 15, 2021, the White House announced that the US and European Union
(EU) have reached an agreement in the 16-year WTO Boeing-Airbus dispute and
agreed to address shared challenges from China and other non-market econo-
mies. The US and EU will suspend tariffs that were authorized by the WTO that
are related to this dispute for five years and work together to challenge and coun-
ter China and other non-market economies’ practices in this sector in specific
ways that reflect the standards for fair competition. This includes collaboration on
inward and outbound investment and tech transfer.
A White House Fact Sheet and a USTR press briefing said both sides agreed to
the following general principles to guide their future cooperation:
Suspend the tariffs related to this dispute for five years. This signals a mutual
determination to embark on a fresh start in the relationship. The agree-
ment also retains flexibility for the United States to reapply tariffs if we’re no
longer competing on a level playing field. [These tariffs will remain sus-
pended so long as EU support for Airbus is consistent with the terms of this
agreement. Should EU support cross a red line and U.S. producers are not
able to compete fairly and on a level playing field, the United States retains
the flexibility to reactivate the tariffs that are being suspended.]
Establish a Working Group to analyze and overcome any disagreements that
may arise between the sides. The Working Group will collaborate on and
continue discussing and developing these principles and appropriate ac-
tions. The Trade Ministers leading the Working Group will consult at least
yearly. The Working Group will meet on request or at least every 6 months.
Ensure that workers and industries can compete on a level playing
field. The US and EU agreed to clear statements on acceptable support for
large civil aircraft producers that affirm the outcomes of the disputes and the
intention of the parties to ensure that workers and industries can compete on
a level playing field.
Confront the threat faced from China’s ambitions to build a sector upon non-
market practices, including:
 Meaningful cooperation on countering (1) investments in the EU and
the United States by non-market actors, which can lead to the appro-
priation of technology; and (2) outward investments into China that
are influenced by non-market forces.

International Trade Compliance Update | July 2021 12

 Baker McKenzie

 Identifying where joint work is needed to take parallel action against

non-market practices.
 Sharing information regarding these and other areas to forge a com-
mon approach in the large civil aircraft sector.
See EU announcement in EUROPE section below and here.
See Framework Agreement here.
USTR announces and immediately suspends tariffs in Section 301
Digital Services Taxes investigation
On June 2, 2021, United States Trade Representative (USTR) Katherine Tai an-
nounced the conclusion of the one-year Section 301 investigations of Digital Ser-
vice Taxes (DSTs) adopted by Austria, India, Italy, Spain, Turkey, and the United
Kingdom. The final determination in those investigations is to impose additional
tariffs of 25% on certain goods (specified in Annex A to each notice) from these
countries, while suspending the tariffs for up to 180 days to provide additional
time to complete the ongoing multilateral negotiations on international taxation at
the OECD and in the G20 process. In each notice, Annex A is effective with re-
spect to goods entered for consumption, or withdrawn from warehouse for con-
sumption, on or after 12:01 a.m. eastern standard time on November 29, 2021,
which is 180 days after the determination of action. In the event the USTR deter-
mines that the suspension of the additional duties should be for less than a pe-
riod of 180 days, USTR will issue a subsequent notice amending the effective
date.
The Federal Register notices announcing and suspending the trade actions in
the six investigations were published on June 7, 2021 as indicated below:
 Notice of Action in the Section 301 Investigation of Austria’s Digital Services Tax
[Docket No. USTR–2021–0002] Annex A contains a list of 23 tariff subheadings,
w ith an estimated trade value for calendar year 2019 of approximately $65 million
and inserts new U.S. notes 23(a) and 23(b) to subchapter III of chapter 99 in nu-
merical sequence and a new heading 9903.90.02.
 Notice of Action in the Section 301 Investigation of India’s Digital Services Tax
[Docket No. USTR–2021–0003] Annex A contains a list of 26 tariff subheadings,
w ith an estimated trade value for calendar year 2019 of approximately $119 mil-
lion and inserts U.S. notes 24(a) and 24(b) to subchapter III of chapter 99 in nu-
merical sequence and a new heading 9903.90.03.
 Notice of Action in the Section 301 Investigation of Italy’s Digital Services Tax
[Docket No. USTR–2021–0004] Annex A contains a list of 44 tariff subheadings
w ith an estimated trade value for calendar year 2019 of approximately $386 mil-
lion and inserts new U.S. notes 25(a) and 25(b) to subchapter III of chapter 99 in
numerical sequence and a new heading 9903.90.04.
 Notice of Action in the Section 301 Investigation of Spain’s Digital Services Tax
[Docket No. USTR–2021–0005] Annex A contains a list of 27 tariff subheadings,
w ith an estimated trade value for calendar year 2019 of approximately $324 mil-
lion. Annex A inserts new U.S. notes s 26(a) and 26(b) to subchapter III of chap-
ter 99 in numerical sequence and new heading 9903.90.05.

 Notice of Action in the Section 301 Investigation of Turkey’s Digital Services Tax
[Docket No. USTR–2021–0006] Annex A contains a list of 32 tariff subheadings,
w ith an estimated trade value for calendar year 2019 of approximately $310 mil-
lion. Annex A inserts new U.S. notes 27(a) and 27(b) to subchapter III of chapter
99 in numerical sequence and new heading 9903.90.06.

 Notice of Action in the Section 301 Investigation of the United Kingdom’s Digital
Services Tax [Docket No. USTR–2021–0007] Annex A contains a list of 67 tariff

International Trade Compliance Update | July 2021 13

 Baker McKenzie

subheadings, w ith an estimated trade value for calendar year 2019 of approxi-
mately $887 million. Annex A inserts new U.S. notes 28(a) and 28(b) to subchap-
ter III of chapter 99 in numerical sequence and a new heading 9903.90.07.
In addition, each notice or Annex provides that:

Any product listed in Annex A, except any product that is eligible for admission
under ‘domestic status’ as defined in 19 CFR 146.43, w hich is subject to the ad-
ditional duty imposed by this determination, and is admitted into a U.S. foreign
trade zone on or after 12:01 a.m. eastern standard time on November 29, 2021,
only may be admitted as ‘privileged foreign status’ as defined in 19 CFR 146.41.
Such products w ill be subject upon entry for consumption to any ad valorem
rates of duty or quantitative limitations related to the classification under the ap-
plicable HTSUS subheading.

The additional duties imposed by new headings [9902.90.02 through 9902.90.07]

do not apply to goods for w hich entry is properly claimed under a provision of
chapter 98 of the HTSUS, except for goods entered under subheadings
9802.00.40, 9802.00.50 and 9802.00.60 and heading 9802.00.80. For subhead-
ings 9802.00.40, 9802.00.50 and 9802.00.60, the additional duties apply to the
value of repairs, alterations or processing performed in the named country and
as described in the applicable subheading. For heading 9802.00.80, the addi-
tional duties apply to the value of the article less the cost or value of such prod-
ucts of the United States, as described in heading 9802.00.80.
Products of the named country that are classified in the subheadings enumerated
in the notes 23(a) through 28(a) and that are eligible for temporary duty exemp-
tions or reductions under subchapter II to chapter 99 shall be subject to the addi-
tional duties imposed by the action, and any such duty exemption or reduction
shall apply only to the permanent general rate prescribed in provisions of chap-
ters 1 through 97 of the tariff schedule.

Products of the named countries that are provided for in the new headings
[9903.90.02 through 9903.90.07] and classified in one of the subheadings enu-
merated in notes 23(b) through 28(b) shall continue to be subject to antidumping,
countervailing or other duties (including duties imposed by other provisions of
subchapter III of this chapter and safeguard duties set forth in provisions of sub-
chapter IV of this chapter), fees, exactions and charges that apply to such prod-
ucts, as w ell as to the additional duties imposed herein.

Annex B contains product descriptions that are provided for informational pur-
poses only, and are not intended to delimit in any w ay the scope of the action.

CUSTOMS, IMPORTS AND FOREIGN TRADE ZONES

DHS/CBP extend land and ferry travel restrictions to/from Mexico
and Canada
On June 23, 2021, Office of the Secretary of the Department of Homeland Secu-
rity (DHS) and US Customs and Border Protection (CBP) published in the Fed-
eral Register a notification of continuation of temporary travel restrictions at land
ports of entry and ferries between the United States and Mexico from June 22,
2021 to July 21, 2021, unless amended or rescinded prior to that time. For pur-
poses of the temporary alteration in certain designated ports of entry operations
authorized under 19 U.S.C. 1318(b)(1)(C) and (b)(2), travel through the land
ports of entry and ferry terminals along the United States-Mexico border shall be
limited to “essential travel.” At this time, this Notification does not apply to air,
freight rail, or sea travel between the United States and Mexico, but does apply
to passenger rail, passenger ferry travel, and pleasure boat travel between the
United States and Mexico.
On the same date, a similar notification was published by DHS/CBP in the Fed-
eral Register that continues to temporarily limit the travel of individuals from Can-
ada into the United States at land ports of entry and ferries along the United
States-Canada border through July 21, 2021.

International Trade Compliance Update | July 2021 14

 Baker McKenzie

Given the definition of “essential travel” in each notification, the temporary altera-
tion in land ports of entry operations should not interrupt legitimate trade between
the two nations or disrupt critical supply chains that ensure food, fuel, medicine,
and other critical materials reach individuals on both sides of the two borders.
“Essential travel,” includes, but is not limited to—
 U.S. citizens and law ful permanent residents returning to the United States;
 Individuals traveling for medical purposes (e.g., to receive medical treatment in
the United States);
 Individuals traveling to attend educational institutions;
 Individuals traveling to w ork in the United States (e.g., individuals w orking in the
farming or agriculture industry w ho must travel betw een the United States and
Canada in furtherance of such w ork);
 Individuals traveling for emergency response and public health purposes (e.g.,
government officials or emergency responders entering the United States to sup-
port Federal, state, local, tribal, or territorial government efforts to respond to
COVID-19 or other emergencies);
 Individuals engaged in law ful cross-border trade (e.g., truck drivers supporting
the movement of cargo betw een the United States and Canada or Mexico);
 Individuals engaged in official government travel or diplomatic travel;

 Members of the U.S. Armed Forces, and the spouses and children of members
of the U.S. Armed Forces, returning to the United States; and
 Individuals engaged in military-related travel or operations.

The following travel does not fall within the definition of “essential travel” for pur-
poses of this Notification—
 Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling,
or attending cultural events).

The CBP Commissioner may determine that other forms of travel, such as travel
in furtherance of economic stability or social order, constitute “essential travel”
under this Notification. Further, the CBP Commissioner may, on an individualized
basis and for humanitarian reasons or for other purposes in the national interest,
permit the processing of travelers to the United States not engaged in “essential
travel.”
Import restrictions imposed on categories of archaeological and
ethnological material of Turkey
On June 16, 2021, US Customs and Border Protection (CBP) published in the
Federal Register a final rule [CBP Dec. 21-09] that amends the CBP regulations
to reflect the imposition of import restrictions on certain categories of archaeolog-
ical and ethnological material from the Republic of Turkey (Turkey). These re-
strictions are being imposed pursuant to an agreement between the United
States and Turkey (the Agreement) that has been entered into under the author-
ity of the Convention on Cultural Property Implementation Act (the Act). This final
rule amends the CBP regulations by adding Turkey to the list of countries which
have a bilateral agreement with the United States that imposes cultural property
import restrictions. This final rule also contains the Designated List that describes
the types of archaeological and ethnological material to which the restrictions ap-
ply.
On March 27, 2020, the Assistant Secretary for Educational and Cultural Affairs,
United States Department of State, after consultation with and recommendation
by the Cultural Property Advisory Committee, made the determinations required
by the Act, including: (1) that the cultural patrimony of Turkey is in jeopardy from

International Trade Compliance Update | July 2021 15

 Baker McKenzie

the pillage of archaeological material representing Turkey's cultural heritage da-

ting from approximately 1.2 million years ago to A.D. 1770, and ethnological ma-
terial dating from approximately the 1st century A.D. to A.D. 1923; (2) that the
Turkish government has taken measures consistent with the Convention to pro-
tect its cultural patrimony; (3) that import restrictions imposed by the United
States would be of substantial benefit in deterring a serious situation of pillage
and remedies less drastic are not available; and (4) that the application of import
restrictions as set forth in the final rule is consistent with the general interests of
the international community in the interchange of cultural property among nations
for scientific, cultural, and educational purposes. The Assistant Secretary also
found that the material described in the determinations meets the statutory defini-
tion of “archaeological or ethnological material of the State Party” (19 U.S.C.
2601(2)).
In accordance with the Agreement, importation of material designated below is
subject to the restrictions of 19 U.S.C. 2606 and § 12.104g(a) of title 19 of the
Code of Federal Regulations (19 CFR 12.104g(a)) and will be restricted from en-
try into the United States unless the conditions set forth in 19 U.S.C. 2606 and §
12.104c of the CBP Regulations (19 CFR 12.104c) are met. CBP is amending §
12.104g(a) of the CBP Regulations (19 CFR 12.104g(a)) to indicate that these
import restrictions have been imposed. Import restrictions listed as 19 CFR
12.104g(a) are effective for no more than five years beginning on the date on
which the Agreement enters into force with respect to the United States. This pe-
riod may be extended for additional periods of not more than five years if it is de-
termined that the factors which justified the Agreement still pertain and no cause
for suspension of the Agreement exists. The import restrictions will expire on
March 24, 2026, unless extended.
COAC meeting
On June 8, 2021, US Customs and Border Protection (CBP) published in the
Federal Register a notice [Docket No. USCBP-2021-0020] that the Commercial
Customs Operations Advisory Committee (COAC) will hold its quarterly meeting
on Wednesday, June 23, 2021 from 1-5 p.m. (EDT) . The meeting will be open to
the public via webinar only. There is no on-site, in-person option for this quarterly
meeting. Public comments are welcome.
The COAC will hear from the current subcommittees on the topics listed below
and then will review, deliberate, provide observations, and formulate recommen-
dations on how to proceed:
1. The Secure Trade Lanes Subcommittee w ill present the follow ing updates: the
Trusted Trader Working Group w ill provide an update on the progress of the White
Paper on the Implementation of CTPAT Trade Compliance Requirements for Forced
Labor; the InBond Working Group w ill provide an update on the progress w ith the
technical enhancements being addressed through the Trade Support Netw ork and
the review of regulatory recommendations incorporated w ithin the COA C In-Bond
Modernization White Paper to create future efficiency and process development; the
Export Modernization Working Group w ill present their White Paper on Export Opera-
tions for the 21st Century along w ith proposed recommendations; and, the Remote
and Autonomous Cargo Processing Working Group w ill provide an update on the de-
velopment of a draft White Paper identifying the potential impact of Remote and Au-
tonomous Vehicles to CBP Cargo Processing Operations.
2. The Next Generation Facilitation Subcommittee w ill provide an update on the fol-
low ing w orking groups and task force activities: First, the Re-Imagined Entry Pro-
cesses (RIEP) Working Group has begun a series of deep-dive sessions to review
the entire entry process and examine w hen entry data becomes available. The intent
of these sessions is to determine the points along the supply -chain w here the data is
first available in order to enhance the facilitation and security of the entry process and

International Trade Compliance Update | July 2021 16

 Baker McKenzie

may provide some strategic recommendations in this area. Next, the One U.S. Gov-
ernment Working Group w ill provide an update on the follow ing key project: the auto-
mation of electronic documents that are currently required at time of entry and the
Partner Government Agency Disclaim Handbook. Finally, CBP w ill provide an update
on the progress of the E-Commerce and 21st Century Customs Framew ork Task
Forces.
3. The Intelligent Enforcement Subcommittee w ill provide a status update on the fol-
low ing: the Bond Working Group w ill report on the continued w ork w ith CBP on the
Monetary Guidelines of Setting Bond Amounts, the status of the risk-based bonding
initiative, and recommendations on the eBond Pilot; the Antidumping/Countervailing
Duty (AD/CVD) Working Group w ill discuss the ongoing challenges associated w ith
the grow ing number of AD/CVD cases; the Intellectual Property Rights (IPR) Process
Modernization Working Group w ill provide updates on past recommendations to fur-
ther the modernization of IPR processes; and, the Forced Labor Working Group w ill
provide an update related to the progress of the three subgroups outlined in the
Statement of Work: Informed Compliance Fact Sheet Subgroup, Emerging Traceabil-
ity Subgroup, and Forced Labor Report and Metrics Subgroup.

4. The Rapid Response Subcommittee w ill provide an update on the progress of its
tw o w orking groups. First, the USMCA Working Group has identified specific topics
for review w ith the USMCA Center as the anticipated publication of the new regula-
tions approaches. The topics for discussion include export guidance, e-signatures,
and the marking rules in part 102 of title 19 of the Code of Federal Regulations (19
CFR part 102). Second, the Broker Exam Modernization Working Group w ill provide
an update on recent exam modernization activities.

Meeting materials are available at the COAC website:

https://www.cbp.gov/trade/stakeholder-engagement/coac/coac-public-meetings.
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 laborato-
ries reflects different locations and/or products.]

F.R. Date Subject

Application for Identification Card [OMB Control No. 1651-0008] (N) [CBP Form
06-01-21 3078]
U.S. Customs Declaration (CBP Form 6059B) [OMB Control No. 1651-0009] (N)
Application for Allow ance in Duties [OMB Control No. 1651-0007] (N) [CBP
06-07-21
Form 4315]
06-11-21 Crew man’s Landing Permit (CBP Form I-95) [OMB Control No. 1651-0114] (N)
Application to Use Automated Commercial Environment (ACE) [OMB Control
06-28-21
No. 1651-0105] (N)

CBP issues final determinations in procurement cases

CBP has published in the Federal Register the following determinations concern-
ing the country of origin of merchandise for purposes of US Government procure-
ment 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 judi-
cial review of the final determination within 30 days of the date of publication in
the Federal Register. Please note that since the issuance of Acetris Health, LLC
v. United States, 949 F.3d 719 (Fed. Cir. 2020), CBP will no longer determine
whether a product which is assembled in the United States qualifies as a “U.S. -
made end product.”

International Trade Compliance Update | July 2021 17

 Baker McKenzie

F.R. Date Ruling Reference (Date Issued) and Product Country of Origin
Would not be products of a
HQ H309124 (June 4, 2021) Certain Fixed and foreign country or instrumen-
06-14-21
Portable Patient Ceiling Lift Systems tality designated pursuant to
19 U.S.C. 2511(b)

“Lever-Rule” application(s) filed

CBP has received the following application(s) for “Lever-Rule” protection pursu-
ant to 19 C.F.R. §133.2(f). In the event that CBP determines the goods under
consideration are physically and materially different from the goods authorized
for sale in the United States, CBP will publish a notice in the Customs Bulletin in-
dicating that the referenced trademark is entitled to “Lever-rule” protection with
respect to those physically and materially different goods. [Shown as “Approved”
below]

Customs
Products Covered by the Appli-
Bulletin Applicant Trademark
cation
Date

“ONETOUCH”
USTM REG. 2,863,393
CBP REC.TMK 12-00526
Foreign made blood glucose ---
“ONETOUCH ULTRA”
LifeScan IP testing strips and blood glucose
06-09-21 USTM REG. 2,538,658
Holdings, LLC monitors intended for sale out- CBP REC.TMK 03-00074
side the United States ---
“ONETOUCH VERIO”
USTM REG. 4,112,124
CBP REC. TMK 20-00237

EAPA Notices of Action and Final Determinations

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

Date Subject
EAPA Case 7579: A&A Pharmachem Inc. (Notice of Initiation of Investigation
06-03-21
and Interim Measures, May 27, 2021)

Detention Orders (Withhold Release Orders)

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

Date Country Merchandise and Manufacturer(s)

silica-based products made by Hoshine Silicon Industry Co.,

06-24-21 China
Ltd.,(Xinjiang)

Revocations or modifications of CBP rulings

See separate section below.

International Trade Compliance Update | July 2021 18

 Baker McKenzie

CSMS messages
The following CBP Cargo Systems Messaging Service (CSMS) notices were is-
sued during the period covered by this Update. ACE outages or delays which
have already occurred and problems which have been resolved are not included
below.

Date CSMS# and Title

06-01-21 CSMS #48380692 - Draw back: AP Continuous Bonding Policy Change
CSMS #48388153 - Information on Upcoming Webinar Series: Navigating the
06-02-21 ACE Secure Data Portal and Running ACE Reports
CSMS #48390775 - Updated ABI Softw are Vendors List
06-03-21 CSMS #48395804 - Updated ACE CATAIR Error Dictionary on CBP.GOV
CSMS #48406822 - ACE PRODUCTION: Scheduled Maintenance, Saturday
June 5, 2021 at 10pm to 4am ET Sunday, June 6, 2021
for ACE infrastructure maintenance and the follow ing ACE
Deployment
06-04-21 CSMS #48407291 - Message Title: FDA Scheduled Maintenance Saturday,
June 5, 2021, 11:00PM EST to June 6, 2021, 12:30AM
EST
CSMS #48410667 - Update: FDA Scheduled Maintenance Saturday, June 5,
2021, 11:00PM EST to June 6, 2021, 12:30AM EST
CSMS #48416508 - Food and Drug Administration (FDA) Entry Processing De-
lays at this Time
06-05-21
CSMS #48417201 RESOLVED- Food and Drug Administration (FDA) Entry
Processing Delays
CSMS #48425729 -Mitigating Procedures For Very Large Truck Shipments
CSMS #48428585 - Emergency Maintenance Affecting ACE EDI processing.
06-07-21 CSMS #48429282 - Resolved-Emergency Maintenance Affecting ACE EDI
processing.
CSMS #48432535 - Emergency Maintenance Affecting ACE Portal
CSMS #48437563 - ACE EDI Delays
06-08-21
CSMS #48438413 - Resolved-ACE EDI Communication Issues
CSMS #48439244 - ACE Tips for Trade w hen Filing U.S. Fish and Wildlife
Service Data.
06-09-21
CSMS #48452595 - Updated ACE CATAIR PGA Status Notification Codes
document is available
CSMS #48457565 - Clarification related to CSMS #48452595: Updated ACE
CATAIR PGA Status Notification Codes
CSMS #48459454 - ACE Ocean and Rail delays
06-10-21 CSMS #48459673 - Resolved-ACE Ocean and Rail delays
CSMS #48463000 - FDA adds ethylene oxide sterilized medical devices pro-
cessed at Steril Milano facilities in Monza and Reggiolo,
Italy to Import Alert 89-04
CSMS #48488492 - Updated ACE Development and Deployment Schedule
06-14-21
Posted to CBP.gov/ACE
CSMS #48499818 - Updated Draft Draw back/TFTEA Draw back Entry Sum-
mary Create/Resubmission CATAIR Now Available on
CBP.gov
CAMS #48499888 - Updated Draft Draw back/TFTEA Draw back Entry Sum-
mary Create/Resubmission CATAIR Now Available on
06-15-21
CBP.gov
CSMS #48501903 - Draw back: Merchandise Processing Fee (MPF) Apportion-
ment on Exempt Merchandise
CSMS #48505331 - ACE Certification Standard Invasive Maintenance Window
on 06/16/2021 from 5:00pm to 8:00pm EST
CSMS #48523182 - An update to the Department of State, Office of Marine
Conservation (OMC) Supplemental Implementation Guide
06-17-21 is available.
CSMS #48523201 - ACE EDI Delays
CSMS #48524181 - Resolved-ACE EDI Delays

International Trade Compliance Update | July 2021 19

 Baker McKenzie

Date CSMS# and Title

CSMS #48527555 - Government Closure on June 18, 2021
CSMS #48553755 - An update to the Department of State, Office of Marine
Conservation (OMC) Supplemental Implementation Guide
is available.
06-21-21 CSMS #48553831 - Version 5 of the PGA Error Code Dictionary is now availa-
ble
CSMS #48555022 - Updated ABI Softw are Vendors List is now available on
CBP.gov
CSMS #48566907 - ACE Certification Extended Invasive Maintenance Window
06-22-21
on 06/23/2021 from 5:00pm to 9:00pm EST
CSMS #48577331 - Broker Management Officer (BMO) Contact List Available
on cbp.gov
06-23-21
CSMS #48577899 -Updated ACE CATAIR Appendix B is available
CSMS #48578170 - Updated ACE Appendix PGA is available
CSMS #48596102 - FDA Scheduled Maintenance Saturday, June 26, 2021,
11:00PM EST to June 27, 2021, 2:30AM EST
CSMS #48596749 - Retail Sales Long-Term Solution for Draw back Exports to
Canada and Mexico Deployed to CERT
06-25-21 CSMS #48596921 - National Commodity Specialist Division (NCSD) June
through August 2021 Webinars
CSMS #48598532 - CORRECTION: Retail Sales Long-Term Solution for
Draw back Exports to Canada and Mexico Deployed to
CERT

Foreign Trade Zones

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

F.R. Date Document

Foreign-Trade Zone 249 – Pensacola, Florida Application for Reorganization
06-02-21
and Expansion under Alternative Site Framew ork [B-42-2021]
Approval of Subzone Status; Pepperl+Fuchs, Inc., Katy, Texas {B-42-2021]
Foreign-Trade Zone 22— Chicago, Illinois; Authorization of Production Activity,
06-03-21
AbbVie, Inc. (Pharmaceutical Products), North Chicago and Lake County, Illi-
nois [B–04–2021]
Foreign-Trade Zone 265 – Conroe, Texas; Authorization of Production Activity;
06-04-21 Bauer Manufacturing LLC, d/b/a NEORig (Water Well Drilling Rigs), Conroe,
Texas [B-05-2021]
Foreign-Trade Zone 136 – Brevard County, Florida; Notification of Proposed
06-07-21 Production Activity; Airbus OneWeb Satellites North America LLC (Satellites
and Satellite Systems) Merritt Island, Florida [B-44-2021]
Approval of Expansion of Subzone 18F, Lam Research Corporation, New ark,
06-09-21
California [S-59-2021]
Foreign-Trade Zone 134 – Chattanooga, Tennessee; Authorization of Produc-
06-10-21 tion Activity; Wacker Polysilicon North America, LLC (Hydrophilic Fumed Silica)
Charleston, Tennessee [B-7-2021]
Foreign-Trade Zone 18 – San Jose, California; Authorization of Production Ac-
tivity, Enovix Corporation, (Lithium Ion Metal Batteries), Fremont, California [B-
9-2021]
06-15-21
Foreign-Trade Zone 281 – Miami-Dade County, Florida; Notification of Pro-
posed Production Activity; Intel Corporation (Kitting, Assembly and Packaging
of Computer Electronics), Miami, Florida [B-45-2021]
Foreign-Trade Zone 49 – New ark and Elizabeth, New Jersey; Authorization of
Production Activity, Celgene Corporation (Biopharmaceuticals), Warren and
Summit, New Jersey [B-10-2021]
06-17-21
Foreign-Trade Zone 204 – Tri-Cities, Tennessee; Authorization of Production
Activity, Eastman Chemical Company, (Plastics), Kingsport, Tennessee [B-08-
2021]

International Trade Compliance Update | July 2021 20

 Baker McKenzie

F.R. Date Document

Foreign-Trade Zone 5 – Seattle, Washington; Authorization of Production Activ-
ity; Juno Therapeutics, Inc. (Biopharmaceuticals), Bothell, Washington [B-12-
2021]
Foreign-Trade Zone 98 – Birmingham, Alabama; Notification of Proposed Pro-
duction Activity, Mercedes-Benz U.S. International, Inc., (Electric Motor Vehi-
cles and Battery Assemblies), Vance and Woodstock, Alabama [B-46-2021]
Foreign-Trade Zone 38 – Spartanburg County, South Carolina; Authorization of
06-23-21 Production Activity; Bosch Security Systems, LLC (Surveillance, Detection,
Evacuation, and Management Systems) Greer, South Carolina [B-11-2021]
Foreign-Trade Zone 38 – Spartanburg County, South Carolina; Application for
06-24-21 Production Authority; Teijin Carbon Fibers, Inc.; Extension of Rebuttal Com-
ment Period [B-52-2020]
Foreign-Trade Zone 72 – Indianapolis, Indiana Authorization of Production Ac-
08-25-21 tivity XPO Logistics (Wearable Electronic Communication/Data Device Kitting)
Clayton, Indiana [B-13-2021]
Foreign-Trade Zone 145 – Shreveport, Louisiana; Application for Reorganiza-
06-28-21
tion under Alternative Site Framew ork [B-48-2021]

EXPORT CONTROLS AND SANCTIONS

OFAC issues COVID-19-related General licenses for Syria, Vene-
zuela, and Iran
On June 17, 2021, the US Treasury Department’s Office of Foreign Assets Con-
trol (OFAC) issued three pandemic-related general licenses (“GLs“) authorizing
certain transactions and activities through June 16, 2022, involving Syria, Vene-
zuela, Iran, or certain blocked entities in these countries. The new GLs are Syria
General License No. 21, Venezuela General License No. 39, and Iran General
License N, and they authorize certain transactions and activities related to the
prevention, diagnosis, or treatment of COVID-19 (including research or clinical
studies relating to COVID-19). According to OFAC’s press release, the GLs build
upon OFAC’s existing humanitarian authorizations, including authorizations for
COVID-19-related activities. The GLs are part of OFAC’s continued efforts under
the National Security Memorandum – 1, which directed various agencies, includ-
ing OFAC, to review existing US sanctions to evaluate whether they are unduly
hindering responses to the pandemic worldwide.
Companies that wish to rely on the GLs to engage in pandemic-related activities
and services should review the GLs to confirm that their proposed activities are
within the scope of the authorizations and that they are able to comply with the
GL’s terms and conditions. For example, Venezuela General License No. 39
does not authorize dealings with certain Specially Designated Nationals (SDNs).
OFAC also issued six Frequently Asked Questions (FAQs) (FAQ
906, 907, 908, 909, 910, 911), clarifying the scope and effect of the GLs. Nota-
bly, FAQ 910 sets out OFAC’s expectations regarding the due diligence to be
conducted by US financial institutions when processing funds transfers or trade
finance transactions authorized under the GLs. Specifically, OFAC clarifies that
US financial institutions may rely on the transfer originator with regard to compli-
ance with the GLs, provided that the financial institution does not know or have
reason to know that the funds transfer is not in compliance with the GLs.
We also note that according to FAQ 911, non-US persons do not risk exposure
under US sanctions for engaging in activities that are authorized by the GLs with
respect to US persons. In other words, engaging in activities within the scope of

International Trade Compliance Update | July 2021 21

 Baker McKenzie

the GLs would not, without more, put a non-US person at risk of being desig-
nated as a Specially Designated National for providing “support” to a blocked
person.
Authors: Kerry B. Contini, Lise S. Test and Yu (Iris) Zhang.
The authors ack nowledge the assistance of Alexandra Pasch in this blog post.
FEMA announces additional exemptions to restrictions on exports
of certain medical supplies from the United States
On June 14, 2021, the Federal Emergency Management Agency (FEMA) an-
nounced new exemptions from a temporary final rule placing export restrictions
on certain types of medical supplies and personal protection equipment products
(“PPE Products”) used in response to the COVID-19 global health pan-
demic. The new exemptions include industrial N95 respirators, PPE surgical
masks, and specific syringes and needles. The temporary final rule is set to ex-
pire on June 30, 2021.
FEMA first imposed export restrictions on certain PPE Products on April 7, 2020,
to reserve supplies for domestic use to combat the COVID-19 pandemic, as de-
scribed in our blog post here. Exemptions from the export restrictions were is-
sued in April and the original temporary final rule was modified and extended
in August 2020. In December 2020, FEMA expanded the list of covered PPE
Products to include certain syringes and hypodermic needles, in light of the high
rate of influenza vaccine administration and the rollout of the COVID-19 vac-
cines, as described in our blog post here.
All previous blogs posts on trade restrictions imposed throughout the COVID-19
pandemic can be found here. Baker McKenzie’s COVID-19 Product Import/Ex-
port Review (“COVID-19 PIER”), a multijurisdictional tracker for trade restrictions
imposed worldwide, can be found here.
Authors: Sylwia A. Lis and Meghan Hamilton.
The authors ack nowledge the assistance of Ryan Orange in this blog post.
EPA to accept TSCA export notifications electronically
On June 14, 2021, the Environmental Protection Agency (EPA) published in the
Federal Register a notice [EPA-HQ-OPPT-2021-0286; FRL-10023-61] announc-
ing the availability of an electronic option for submitting the export notifications
that are required under the Toxic Substances Control Act (TSCA). As an alterna-
tive to the hardcopy approach, which is still available, EPA is also now accepting
the required export notifications electronically using EPA’s electronic document
submission system, the Central Data Exchange (CDX). Use of CDX to prepare
and submit the required export notifications to EPA will help streamline and re-
duce the administrative costs and burdens associated with submitting paper-
based export notifications for both the submitters and the Agency. TSCA export
notifications may be submitted electronically using CDX as of June 14, 2021

International Trade Compliance Update | July 2021 22

 Baker McKenzie

Biden Administration revokes Executive Orders banning certain

Chinese software applications
On June 9, 2021, the Biden Administration issued Executive Order 14034, “Pro-
tecting Americans’ Sensitive Data from Foreign Adversaries” (“EO 14034”). EO
14034 revokes three executive orders issued by the Trump Administration that
effectively banned certain Chinese connected software applications (“apps”) from
operating in the United States. Although EO 14034 revokes these legal authori-
ties and calls for their implementing rules to be rescinded, EO 14034 signals that
the Biden Administration will continue to analyze the national security risks pre-
sented by apps developed by persons subject to the jurisdiction or control of “for-
eign adversaries” and suggests that additional restrictions may be issued in the
future.
The Revoked EOs
The Trump Administration issued three executive orders (“Revoked EOs”) that
provided the authority for the US Commerce Department to restrict or prohibit
certain Chinese apps from operating in the United States:
 Executive Order 13942 (prohibiting certain transactions involving ByteDance Ltd.
and its subsidiaries (including the TikTok app)) (“EO 13942”);

 Executive Order 13943 (prohibiting certain transactions involving Tecent Hold-

ings Ltd.’s WeChat app) (“EO 13943”); and

 Executive Order 13971 (prohibiting certain transactions involving persons that

develop or control the follow ing Chinese apps, or their subsidiaries: Alipay, Cam-
Scanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay, and WPS Of-
fice) (“EO 13971”).

The Revoked EOs were originally issued under the authority of Executive Order
13873 (“EO 13873”), which authorizes the Commerce Department to block or im-
pose conditions on transactions involving information and communications tech-
nology and services (“ICTS”) originating in certain countries designated as “for-
eign adversaries.” Our blog posts on the EO 13873 regulations and EO 13971
are available here and here, respectively. EO 14034 does not revoke EO 13873
and directs the Secretary of Commerce to continue to evaluate transactions in-
volving apps that may pose risks to US national security under EO 13873 and its
implementing regulations.
EO 14034 repeals the Revoked EOs and directs the relevant executive agencies
to rescind the regulations implementing EO 13942 and 13943. Commerce De-
partment orders barring certain transactions involving ByteDance Ltd. and
WeChat were blocked from taking effect in 2020 through legal challenges that re-
sulted in injunctions against implementation of the orders. The Biden Administra-
tion abandoned litigation challenging the injunctions in February 2021 pending
completion of a broader review of the national security threat presented by the
collection of US persons’ data through such apps.
Broad review of national security risks of apps with ties to “foreign adver-
saries”
EO 14034 reflects the Biden Administration’s new approach to addressing the
national security risks presented by apps from “foreign adversaries.” EO 14034
calls for a “rigorous, evidence-based analysis” of the national security risks asso-
ciated with the transfer of or access to US persons’ data, particularly with regard
to access by persons owned, controlled, or subject to the jurisdiction of “foreign
adversaries,” including the People’s Republic of China.

International Trade Compliance Update | July 2021 23

 Baker McKenzie

Reports analyzing these risks and recommending additional legal actions to ad-
dress such risks are due to be submitted to the US National Security Advisor on
October 7, 2021 and December 6, 2021, respectively. EO 14034 suggests that
future legal authorities issued by the Biden Administration to protect the ICTS
supply chain may be more general and will not focus on individual companies.
Authors: Terence Gilroy, Alexandre (Alex) Lamy and Ryan Poitras.
BIS amends the EAR to reflect the UAE’s termination of Its partici-
pation in the Arab League Boycott of Israel
On June 9, 2021, the US Department of Commerce’s Bureau of Industry and Se-
curity (BIS) issued a final rule, effective June 8, amending the Export Administra-
tion Regulations (EAR) to reflect the formal termination by the United Arab Emir-
ates (UAE) of its participation in the Arab League Boycott of Israel (the “Amend-
ment”). This means that certain requests for information, action or agreement
from the UAE will no longer be presumed to be boycott-related if made after Au-
gust 16, 2020. The Commerce Department has also issued a press release.
Background
On August 13, 2020, the UAE and Israel announced the historic peace agree-
ment between the two countries (known as the UAE-Israel Abraham Accords),
thereby establishing full diplomatic and commercial relations between the two
countries. On August 16, 2020, the UAE issued Federal Decree-Law No. 4 of
2020, which repealed Federal Law No. 15 of 1972 Concerning the Arab League
Boycott of Israel and formally terminated the UAE’s participation in the Arab
League Boycott of Israel. In response to these actions, on April 8, 2021, the US
Treasury Department removed the UAE from Treasury’s List of Countries Requir-
ing Cooperation With An International Boycott. Our prior blog posts regarding the
UAE’s repeal of the boycott law and Treasury’s action can be
found here and here. On April 22, 2021, the US State Department certified to
Congress that the UAE had formally ended its participation in the Arab League
Boycott of Israel.
The Effect of the EAR Amendment
Part 760 of the EAR prohibits US persons from taking certain actions in further-
ance or support of boycotts by foreign countries against countries friendly to the
United States, in particular Israel, and imposes a quarterly reporting requirement
on the receipt of certain boycott-related requests. Through the addition of a new
Supplement No. 17 to part 760 of the EAR, the Amendment confirms that certain
requests for information, action or agreement from the UAE that were presumed
to be boycott-related prior to August 16, 2020 will no longer be presumed to be
boycott-related if made after August 16, 2020. Accordingly, such requests will no
longer be subject to the prohibitions or reporting requirements of part 760 of the
EAR. For example, a request from the UAE for a certification that a vessel is eli-
gible to enter UAE ports, or a request by UAE government officials requiring a
US company to provide the place of birth of employees traveling to the UAE, will
no longer be presumed to be boycott-related if made after August 16, 2020.
Notwithstanding the Amendment, US persons are still required to adhere to the
prohibitions and reporting requirements under part 760 of the EAR with respect
to requests from the UAE that are overtly boycott-related. Therefore, US compa-
nies should remain vigilant for requests from the UAE containing references to
“blacklisted,” “Israel,” “boycott,” “non-Israeli goods,” “six-pointed star,” and other
phrases and words indicating a boycott purpose.
Authors: Janet K. Kim, Lise S. Test and Yu (Iris) Zhang.

International Trade Compliance Update | July 2021 24

 Baker McKenzie

The authors ack nowledge the assistance of Rob O’Brien in the preparation of this
blog post.
President signs Executive Order amending ban on US Persons pur-
chasing securities of certain Chinese companies
On June 3, 2021, President Biden issued Executive Order 14032, “Addressing
the Threat from Securities Investments that Finance Certain Companies of the
People’s Republic of China” (the “CMIC EO”). This amends and replaces Execu-
tive Order 13959 (EO 13959) and revokes Executive Order 13974 (EO 13974)
that restricted investments in certain “Communist Chinese Military Companies”
(CCMCs). The main changes implemented by the CMIC EO and related public
guidance are to (1) change the group of targeted Chinese companies to focus on
“Chinese Military-Industrial Complex” companies, (2) clarify the scope of the pro-
hibitions, and (3) reset the clock for prohibited investments in the targeted com-
panies. Our blog posts on EO 13959 and prior guidance from the US Treasury
Department’s Office of Foreign Assets Control’s (OFAC) about the CCMC sanc-
tions program are available here and here.
At a high level, amended EO 13959 continues to prohibit the purchase or sale by
US Persons of publicly traded securities, or any publicly traded securities that are
derivative of such securities or are designed to provide investment exposure to
such securities, of certain Chinese companies listed in the Annex to EO 13959,
or determined by the Secretary of the Treasury:
 “to operate or have operated in the defense and related materiel sector or the
surveillance technology sector of the economy of the [PRC];” or

 “to ow n or control, or to be ow ned or controlled by, directly or indirectly,” any

such identified company.

Before it was amended by EO 14032, EO 13959’s prohibitions applied to

“any securities that are derivative of [publicly traded CCMC] securities or are de-
signed to provide investment exposure to such securities.” Amended EO 13959
limits the scope by only targeting those securities that are “publicly traded.”
Effective June 3, 2021, EO 13959’s Annex is replaced and superseded in its en-
tirety by the CMIC EO’s Annex (“CMIC Annex”). OFAC’s new Non-SDN Chinese
Military-Industrial Complex Companies List (“NS-CMIC List”) replaces the Non-
SDN Communist Chinese Military Companies List (“NS-CCMC List”), which
OFAC deleted from its website. OFAC will subsequently refer to entities on the
NS-CMIC List as “Chinese Military-Industrial Complex Companies” or “CMICs.”
The CMIC Annex now includes 59 Chinese companies, including 33 additional
entities not included in the previous NS-CCMC List or related lists maintained by
the Department of Defense (DoD). The current list is available here.
OFAC published several new Frequently Asked Questions (FAQs) and updated
existing FAQs to reflect the CMIC EO and its amendments to EO 13959. The fol-
lowing points in OFAC’s FAQs are noteworthy:
 FAQ 905 clarifies that US Persons are not prohibited from engaging in all activi-
ties w ith CMICs. The prohibitions apply only w ith respect to certain purchases or
sales of targeted securities of the NS-CMIC List entities. The CMIC EO does not
prohibit the purchase or sale of goods or services related to CMIC subsidiaries.

 Amended FAQ 857 states that OFAC’s 50% Rule does not apply to the subsidi-
aries or affiliates of NS-CMIC List entities and only named companies on that list
are subject to EO 13959’s investment restrictions.

International Trade Compliance Update | July 2021 25

 Baker McKenzie

 FAQ 902 clarifies that US Persons are not prohibited from providing investment
advisory, investment management, or similar services to a non-US person, in-
cluding a foreign entity or foreign fund, in connection w ith the non-US person’s
purchase or sale of a CMIC’s covered securities, provided that the underlying
purchase or sale does not otherw ise violate EO 13959 (e.g., w here the purchase
or sale is not for the benefit of a US Person or an attempted evasion). FAQ
901 addresses due diligence expectations of US Persons w hen determining the
permissibility of particular purchases or sales, specifically that they may rely on
information available to them in the ordinary course of business.

 FAQ 903 provides that US Persons employed by non-US entities are not prohib-
ited from involvement in purchases or sales related to a covered security on be-
half of their non-US employer, provided that such activity is in the ordinary course
of their employment and otherw ise does not violate the EO 13959.

 FAQ 904 confirms that US market makers are permitted to facilitate divestment
from targeted CMIC securities. Along the same lines, amended FAQ 865 ad-
dresses the permissibility of market intermediaries and other participants w ho en-
gage in ancillary or intermediary activities necessary to effect divestiture.

 FAQ 900 clarifies that OFAC w ill use its discretion to target under EO 13959
those w ho operate or have operated in support of “(1) surveillance of persons by
Chinese technology companies that occurs outside of the PRC; or (2) the devel-
opment, marketing, sale, or export of Chinese surveillance technology that is,
w as, or can be used for surveillance of religious or ethnic minorities or to other-
w ise facilitate repression or serious human rights abuse.”

The CMIC EO also resets the clock on the investment prohibitions. The prohibi-
tions with respect to purchases and sales of publicly traded securities of CMICs
listed in the Annex take effect beginning at 12:01 AM EST on August 2, 2021.
Additionally, the CMIC EO permits the purchase or sale of publicly traded securi-
ties made solely to effect the divestment of such securities by a US Person prior
to 12:01 AM EST on June 3, 2022. For entities not currently listed in the CMIC
Annex, the prohibitions go into effect beginning at 12:01 AM EST on the date 60
days after the entity is added to the NS-CMIC List; purchases and sales solely to
effect divestment in such securities are allowed up to 365 days after the entity is
added to the NS-CMIC List.
The CMIC EO does not include the prohibition on US Persons simply “pos-
sessing” targeted securities that had been introduced in EO 13974. Correspond-
ingly, OFAC did not keep FAQ 872 that had advised that US Persons had to di-
vest from covered CCMC securities after the divestment period ended. Accord-
ingly, US Persons may apparently continue to hold covered CMIC securities after
the relevant period, but then will not be able to engage in other transactions re-
lated to those securities so long as EO 13959’s prohibitions apply.
In addition to OFAC’s updated NS-CMIC List, DoD issued a list of Chinese mili-
tary companies operating directly or indirectly in the United States in accordance
with Section 1260H of the National Defense Authorization Act for Fiscal Year
2021. The list is available here and is not identical to the updated NS-CMIC List.
Under the prior statutory provision that required DoD to identify CCMCs, Section
1260H only mandates that DoD provide a report about these Chinese military
companies and there is language in the provision providing for sanctions to be
imposed on these identified Chinese military companies.
Authors: Alison J. Stafford Powell and Alexandre (Alex) Lamy
The authors ack nowledge the assistance of Alexandra Pasch in the preparation
of the above article.

International Trade Compliance Update | July 2021 26

 Baker McKenzie

Biden Administration re-imposes sanctions on certain Belarusian

state-owned enterprises and suspends application of the 2019 US-
Belarus Air Services Agreement
On May 28, 2021, the Biden Administration issued a press release confirming the
re-imposition of sanctions on certain Belarusian state-owned enterprises (SOEs)
(presaged by the issuance of wind down Belarus General License 2H on April 19,
2021) and suspending the application of the 2019 US-Belarus Air Services
Agreement (“2019 USB Agreement”) in response to the Belarusian government’s
apparent forced diversion of a commercial flight to Minsk on May 23. The Press
Release also indicates additional sanctions targeting Belarusian government offi-
cials are under development and calls for international bodies to inves tigate and
take action regarding the events of May 23. These developments mark a signifi-
cant escalation of US sanctions against the Belarusian government and effec-
tively suspend flights connecting the two countries.
Sanctions on Belarusian SOEs and Additional Sanctions Authority
The Press Release states that the blocking sanctions against nine Belarusian
SOEs would be re-imposed effective June 3, 2021 (“Belarusian SOE
SDNs”). The US Department of the Treasury’s Office of Foreign Assets Control
(OFAC) previously authorized US Persons’ participation in transactions involving
the Belarusian SOE SDNs under Belarus General License 2 (most recently Bela-
rus General License 2G). OFAC revoked Belarus General License 2G on April
19, 2021, and concurrently issued Belarus General License 2H, which authorized
certain wind down transactions with the Belarusian SOE SDNs through June 3,
2021. Our blog post on General License 2H is available here. Now that General
License 2H has expired, US Persons are prohibited from engaging in transac-
tions or dealings with the Belarusian SOE SDNs, their property, or their interests
in property, including any entities in which they own a 50 percent or greater inter-
est.
The Press Release also suggests that additional sanctions targeting members of
the Belarusian government are forthcoming. The Press Release states that the
United States is coordinating with the European Union and other US partners to
develop a list of targeted sanctions against Belarusian government officials “as-
sociated with ongoing abuses, the falsification of the 2020 election, and the
events of May 23.” In parallel, the US Department of the Treasury is also creat-
ing a new executive order providing authority to impose additional sanctions on
the Belarusian government.
Suspension of the 2019 USB Agreement and Broader International Aviation
Implications
The Press Release confirms that the United States will suspend the 2019 USB
Agreement, which will significantly impact the Belarusian aviation industry. The
2019 USB Agreement removed all restrictions on the number of flights and rout-
ings between the US and Belarus and allowed US and Belarusian carriers to op-
erate flights in the other country’s airspace. The suspension of the 2019 USB
Agreement will effectively end flights between the United States and Belarus.
The Press Release expresses the Biden Administration’s intent to advocate for
action against the Belarusian government at international bodies in public con-
demnation of the events of May 23. This follows the International Civil Aviation
Organization (ICAO) Council’s May 27 call for a fact-finding investigation into the
incident to determine whether any ICAO member state had breached interna-
tional aviation law, including the Convention on International Civil Aviation Law,

International Trade Compliance Update | July 2021 27

 Baker McKenzie

also known as the Chicago Convention. The Chicago Convention was estab-
lished in the 1940s and established the framework that allows for international
aviation as we know it today. The United Nations established ICAO in 1944 as a
specialized agency to promote the safe and orderly development of international
civil aviation throughout the world.
Relevant to the recent events in Belarus, the Chicago Convention mandates that
contracting States may not use civil aviation for any purpose contrary to the Con-
vention and requires States to refrain from the use of weapons against civil air-
craft in fight and endangering persons on board the aircraft in the case of inter-
ception. While ICAO does not have the authority to directly enforce measures in
response, under the Chicago Convention, the larger ICAO Assembly could sus-
pend Belarus’s voting rights in the event of non-conformity with the requirements
of the Chicago Convention.
Belarusian Counter Sanctions
In turn, the Belarusian government announced counter-measures mostly focus-
ing on restrictions on diplomatic relations with the United States. Such measures
include the reduction of personnel of the US diplomatic mission, tightening visa
requirements and restricting the work of US specialists in Belarus. The Belarus-
ian government also rescinded the authorization for the United States Agency for
International Development to work in Belarus.
Authors: Jennifer Trock, Paul Amberg, Alexander Korobeinikov, Eunkyung Kim
Shin and Ryan Poitras.
OFAC issues Burma Sanctions Regulations
On June 1, 2021, the US Treasury Department’s Office of Foreign Assets Control
(OFAC) published the Burma Sanctions Regulations at 31 C.F.R. Part 525 (the
“BSR”) to implement Executive Order 14014, “Blocking Property With Respect to
the Situation in Burma” (“EO 14014“). EO 14014 imposed sanctions on certain
Burmese parties in response to the Burmese military’s coup against the demo-
cratically elected civilian government.
The BSR do not expand upon the sanctions previously imposed under EO
14014, but do introduce new general licenses authorizing:
 the provision of certain legal services to Specially Designated Nationals ( “SDNs”)
designated pursuant to EO 14014, and payment for such services from certain
funds originating outside the United States;

 the provision and receipt of nonscheduled emergency medical services;

 deductions from blocked accounts of certain service charges ow ed to US finan-

cial institutions; and

 transfers of funds or credits betw een blocked accounts held by US financial insti-
tutions in their branches and offices, provided that no transfers are made from
accounts held w ithin the United States to accounts held outside the United
States, and also provided that a transfer from a blocked account may be made
only to another blocked account held in the same name.

OFAC also indicated that the BSR is being published in abbreviated form, and
that it intends to provide more comprehensive regulations at a later date. Please
see our prior blog posts on the sanctions imposed under EO 14014 here, and on
two military-affiliated Burmese conglomerates here.
Authors: Kerry B. Contini, Alexandre (Alex) Lamy and Daniel Andreeff.

International Trade Compliance Update | July 2021 28

 Baker McKenzie

The authors ack nowledge the assistance of Alexandra Pasch in the preparation
of this article.
BIS and State publish notice re: transfer of jurisdiction of certain
“software” and “technology” as a result of Court action
On June 1, 2021, the Bureau of Industry and Security (BIS) published in the Fed-
eral Register a notification to the public [Docket No. 210527-0116] concerning
the transfer of jurisdiction of certain “software” and “technology” as a result of ac-
tion by the Court of Appeals for the Ninth Circuit vacating a March 6, 2020 pre-
liminary injunction by the district court in Washington v. U.S. Dep't of State, No.
20-35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir. Apr. 27,
2021). Pursuant to that decision, issued on April 27, 2021, the mandate of the
Ninth Circuit was issued on May 26, 2021 and district court’s injunction was va-
cated. This notice also includes guidance to persons with technology or software
that was previously retained on the US Munitions List (USML) and controlled un-
der the International Traffic in Arms Regulations (ITAR) pursuant to the March 6
district court order, but which is now subject to the jurisdiction of the Export Ad-
ministration Regulations (EAR).
As of May 26, 2021, the “technology” and “software” that meets the criteria in
section 734.7(c) is “subject to the EAR” and is no longer controlled under the
ITAR. In anticipation of the dismissal of the case, BIS updated Frequently Asked
Questions (FAQs) posted on the BIS website to add twelve FAQs to assist public
understanding of section 734.7(c), including addressing application questions.
These FAQs are available on the BIS website here.
On the same date, the Department of State published in the Federal Register a
similar notification [Public Notice: 11434] about the vacatur of the preliminary in-
junction and informing the public that as a result of the vacatur, State’s previously
issued final rule of January 23, 2020, goes into full effect. Therefore, software
and technical data related to 3-D printing of firearms or components transferred
to the Export Administration Regulations (EAR), administered by the Department
of Commerce now is exclusively controlled by the EAR.
The court order vacating the preliminary injunction [Washington v. U.S. Dep't of
State, No. 20-35391, 2021 WL 1621320, 2021 U.S. App. LEXIS 12448 (9th Cir.
Apr. 27, 2021)], took effect May 26, 2021.
Restrictive measures and additions to OFAC, State BIS blocking or-
ders, designations, sanctions and entity lists
During the past month, the following notices adding, removing or continuing per-
sons (including entities) to/from restrictive measures lists were published in the
Federal Register by the Office of Foreign Assets Control (OFAC) or by the State
Department (State) or the Bureau of Industry and Security (BIS):

F.R. Date Applicable orders

BIS: Addition of Entities, Revision of Entries, and Removal of Entity from the
06-01-21 Entity List; and Revision of Entry and Removal of Entity from the Military End-
User List (MEU) [Docket No. 210514-0106] (FR)
06-08-21 OFAC: Notice of OFAC Sanctions Actions (N)
06-09-21 OFAC: Notice of OFAC Sanctions Actions (N)
OFAC: Notice of OFAC Sanctions Actions (N)
06-15-21
OFAC: Notice of OFAC Sanctions Actions (N)
06-16-21 BIS: Removal of Entity from the Entity List [Docket No. 210611-0126] (FR)
OFAC: Notice of OFAC Sanctions Actions (N)
06-22-21
OFAC: Notice of OFAC Sanctions Actions (N)

International Trade Compliance Update | July 2021 29

 Baker McKenzie

F.R. Date Applicable orders

BIS: Addition of Certain Entities to the Entity List [Docket No. 210617-0134]
(FR)
06-24-21
STATE: Notice of Department of State – Delisting Sanctioned Entities [Public No-
tice: 11446] (N)

OTHER COVERAGE
Treasury, Commerce, Homeland Security and State meetings and
notices related to trade
A GENCIES: BIS = BUREAU OF INDUSTRY AND SECURITY; DEP’T OF DEFENSE= DOD; FEMA=FED-
ERAL EMERGENCY MGT. A GENCY; FIN CEN = FINANCIAL CRIMES ENFORCEMENT NETWORK; ITA:
INTERNATIONAL TRADE A DMINISTRATION; NIST- NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY ; OFAC= OFFICE OF FOREIGN ASSETS CONTROL; DHS= HOMELAND SECURITY ;
STATE=DEPARTMENT OF STATE.

[Note: In general, only meetings which occur after scheduled distri bution of this Update
are listed.]

F.R. Date Subject

06-01-21 OFAC: Burma Sanctions Regulations 31 CFR Part 525 (FR)

06-02-21 ITA: District Export Council Nomination Opportunity (N)
FEMA: Meetings to Implement Pandemic Response Voluntary Agreement Un-
06-04-21 der Section 708 of the Defense Production Act [Docket ID FEMA-2020-0016]
(N)
STATE: Notice of Public Meeting in Preparation for International Maritime Organi-
06-07-21
zation III 7 Meeting [Public Notice 11437] (N/H)
ITA: Agency Information Collection Activities; Submission to the Office of Man-
agement and Budget (OMB) for Review and Approval; Comment Request; Ap-
06-08-21
plication for Export Trade Certificate of Review [OMB Control No.: 0625–0125]
[Form: ITA-4093P]
BIS: Export Administration Regulations: Termination of United Arab Emirates
06-09-21 Participation in the Arab League Boycott of Israel [Docket No. 210528-0118]
(FR)
STATE: International Traffic in Arms Regulations: Notification of Temporary Sus-
06-10-21 pensions, Modifications, and Exceptions to Regulations [Public Notice: 11443]
(E)
STATE: Advisory Committee on International Postal and Delivery Services – Pub-
lic Meeting [Public Notice: 11440] (N) [July 15, 2021 virtual meeting]
06-14-21 FEMA: Prioritization and Allocation of Certain Scarce and Critical Health and
Medical Resources for Domestic Use; Additional Exemptions [Docket ID FEMA-
2020-0018] (N)
STATE: Schedule of Fees for Consular Services – Fee Change for Certain Bor-
der Crossing Cards [Public Notice: 11195] (FR)
06-15-21
STATE: Schedule of Fees for Consular Services—Documentary Services Fee
[Public Notice: 11442] (FR)
ITA: U.S. Department of Commerce Trade Finance Advisory Council - Notice of
06-16-21
an Open Meeting. (N/H) [July 13, 2021]
COMMERCE: Rescission of Identification of Prohibited Transactions With Respect
06-23-21
to TikTok and WeChat [Docket Number: 210617-0132]
DoD: Notice of the Removal of the Designation as Communist Chinese Military
Companies under the Strom Thurmond NDAA for FY99 (N)
06-28-21
DoD: Notice of Designation of Chinese Military Companies under the William M.
(Mac) Thornberry NDAA for FY21 (N)

TSA announces opportunity to become a Secured Packing Facility

On June 14, 2021, the Transportation Security Administration (SA), Department
of Homeland Security published in the Federal Register a notice [Docket No.

International Trade Compliance Update | July 2021 30

 Baker McKenzie

TSA-2020-0001] s announcing the opportunity for manufacturers, shippers, sup-

pliers, warehouses, vendors, e-commerce fulfillment centers, and third-party lo-
gistics providers in the air cargo supply chain to become a Secured Packing Fa-
cility (SPF). SPFs must apply security controls to secure cargo that moves
through the supply chain destined for outbound international locations onboard
all-cargo aircraft subject to TSA regulatory oversight. As a prerequisite to becom-
ing an SPF, interested persons must first become an Indirect Air Carrier (IAC)
regulated by TSA and agree to adopt the TSA’s SPF Order. If these require-
ments are met, cargo appropriately transferred to a TSA-regulated all-cargo air-
craft operator by an SPF would not need to be screened in order to meet interna-
tional requirements that take effect on June 30, 2021. The notice states that it is
being published to ensure all interested persons are aware of the opportunity to
become an SPF.
TSA will accept applications from IACs to become an SPF beginning at 12:01
a.m. (EDT) on June 14, 2021.
FTC and CPSC Federal Register documents
The following FEDERAL TRADE COMMISSION (FTC) and CONSUMER PRODUCT
SAFETY COMMISSION (CPSC) documents which may be of interest to importers
were published Federal Register during the past month:

F.R. Date Subject

06-02-21 FTC: Energy Labeling Rule 16 CFR Part 305 (PR)
CPSC: Notice of Availability of Regulatory Flexibility Act Section 610 Review of
the Safety Standards for the Testing and Labeling Regulations Pertaining to
06-07-21
Product Certification of Children’s Products, Including Reliance on Component
Part Testing [Docket No. CPSC-2020-0019]
CPSC: Safety Standard for Infant Sleep Products [CPSC Docket No. 2017-
0020] (FR)
06-23-21
CPSC: Standard for the Flammability of Mattresses and Mattress Pads; Amend-
ment [Docket No. CPSC-2020-0024] (FR)

ATF and TTB announcements and Federal Register documents

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Jus-
tice (ATF) or the Alcohol and Tobacco Tax and Trade Bureau, Department of the
Treasury (TTB) have posted the following information or regulatory actions of in-
terest to international traders :

Date Subject
ATF: Factoring Criteria for Firearms With Attached ‘‘Stabilizing Braces’’ [Docket
06-10-21
No. ATF 2021R–08; AG Order No. 5070–2021] (PR/RFC) [will apply to imports]

HHS, CDC and FDA Federal Register documents

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

F.R. Date Subject

FDA: Definitions of Suspect Product and Illegitimate Product for Verification Ob-
06-04-21 ligations Under the Drug Supply Chain Security Act; Draft Guidance for Industry;
Availability (N)

International Trade Compliance Update | July 2021 31

 Baker McKenzie

F.R. Date Subject

FDA: Drug Supply Chain Security Act Implementation: Identification of Suspect
Product and Notification; Guidance for Industry; Availability [Docket No. FDA-
2014-D-0609] (N)
FDA: Enhanced Drug Distribution Security at the Package Level Under the Drug
Supply Chain Security Act; Draft Guidance for Industry; Availability [Docket No.
FDA-2020-D-2024] (N)
FDA: Product Identifiers Under the Drug Supply Chain Security Act: Questions
and Answ ers; Guidance for Industry; Availability [Docket No. FDA-2018-D-3175]
(N)
CDC: Temporary Suspension of Dogs Entering the United States from High-
06-16-21
Risk Rabies Countries (N)

APHIS and other USDA notices issued

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

F.R. Date Subject

APHIS: Notice of Decision To Add Taxa of Plants for Planting That Are Quaran-
tine Pests or Hosts of Quarantine Pests to the Lists of Plants for Planting Whose
06-02-21
Importation Is Not Authorized Pending Pest Risk Analysis [Docket No. APHIS–
2018–0066] (N)
US CODEX OFFICE: International Standard-Setting Activities [Docket No. USDA-
06-04-21
2021-XXXX] (N)
APHIS: Addition of Thailand to the List of Regions Considered Affected w ith Af-
06-14-21
rican Horse Sickness [Docket No. APHIS-2020-0082] (N)
AMS: United States Standards for Lentils [Doc. No. AMS-FGIS-20-0066] (N)
06-15-21
AMS: United States Standards for Split Peas [Doc. No. AMS-FGIS-20-0067] (N)
APHIS: Removal of Japan from the List of Regions Declared Free of Classical
06-16-21
Sw ine Fever [Docket No. APHIS-2020-0044] (N)
AMS: Mango Promotion, Research and Information Order; Removal of Frozen
Mangos [Document No. AMS-SC-20-0086] (FR)
AMS: National Organic Program: Amendments to the National List of Allow ed
and Prohibited Substances per April 2019 NOSB Recommendations (Livestock
and Handling) [Doc. No. AMS-NOP-19-0053; NOP-19-02] (FR)
06-25-21
APHIS: Importation of Plants in Approved Grow ing Media into the United States;
Availability of a Final Environmental Assessment and Finding of No Significant
Impact [Docket No. APHIS-2018-0101]
APHIS: Concurrence w ith OIE Risk Designation for Bovine Spongiform Enceph-
alopathy [Docket No. APHIS-2021-0007] (N)
06-28-21 AMS: United States Standards for Beans [Doc. No. AMS-FGIS-20-0065] (N)

Labor updates list of goods produced by child labor or forced labor

On June 23, 2021, the Department of Labor published in the Federal Register a
notice announcing public availability of an updated list of goods—along with
countries of origin—that the Bureau of International Labor Affairs (ILAB) has rea-
son to believe are produced by child labor or forced labor in violation of interna-
tional standards (the List). ILAB is required to develop and make available to the
public the List pursuant to the Trafficking Victims Protection Reauthorization Act
(TVPRA of 2005), amended. ILAB published the initial List on September 10,
2009, and has since published nine updated editions. This 2021 update to the
ninth edition contains one additional good (polysilicon) from one country (China).
[Ed. note: 19 U.S.C. 1307 provides that goods produced in whole or in part in any

International Trade Compliance Update | July 2021 32

 Baker McKenzie

foreign country by convict labor or/and forced labor or/and indentured la-
bor (which includes forced or indentured child labor) under penal sanctions shall
not be entitled to entry at any of the ports of the United States, and the importa-
tion thereof is prohibited.]
Additional Federal Register documents
The following Federal Register documents which may be of interest to interna-
tional traders were published during the past month by various Federal agencies.
Abbreviations: DEA=DRUG ENFORCEMENT ADMINISTRATION; EPA= ENVIRONMENTAL
PROTECTION AGENCY; DOE=DEPARTMENT OF ENERGY ; DOD= DEP’T OF DEFENSE;
NHTSA= NATIONAL HIGHWAY TRANSPORTATION SAFETY ADMINISTRATION:

F.R. Date Subject

DEA: Schedules of Controlled Substances: Placement of Remimazolam in

06-02-21
Schedule IV [Docket No. DEA-658] (FR)
DoE: Energy Conservation Program: Energy Conservation Standards for Ceil-
ing Fans [EERE–2021–BT–STD–0011] (RFI/E)
DoE: Energy Conservation Program: Test Procedures for General Service Flu-
orescent Lamps, Incandescent Reflector Lamps, and General Service Incan-
06-03-21
descent Lamps [EERE–2017–BT–TP–0011] (PR?RFC)
EPA: Difenoconazole; Pesticide Tolerances [EPA–HQ–OPP–2019–0626;
EPA–HQ–OPP– 2020–0082; and EPA–HQ–OPP–2020–0345; FRL–10022–
28] (FR)
DoE: Energy Conservation Standards for Consumer Products/Certain Com-
mercial and Industrial Equipment; Early Assessment Review ; Ceiling Fan Light
Kits [EERE-2019- BT-STD-0040] (RFI)
06-04-21
DoE: Energy Conservation Program: Energy Conservation Standards for Con-
sumer Products; Early Assessment Review ; Dehumidifiers [EERE-2019-BT-
STD-0043] (RFI)
DEA: Designation of 3,4-MDP-2- P methyl glycidate (PMK glycidate), 3,4-MDP-
2-P methyl glycidic acid (PMK glycidic acid), and alpha-phenylacetoacetamide
06-07-21 (APAA) as List I Chemicals; Correction [Docket No. DEA-542] (FR/C)
EPA: Cellulose, ethyl ether; Exemption from the Requirement of a Tolerance
[EPA-HQ-OPP-2021-0138; FRL-10023-34] (FR)
DEA: Schedules of Controlled Substances: Placement of NM2201, 5F-AB-PI-
NACA, 4- CN-CUMYL-BUTINACA, MMB-CHMICA, and 5F-CUMYL- P7A ICA in
Schedule I [Docket No. DEA-479] (FR)
06-10-21 DEA: Schedules of Controlled Substances: Placement of Oliceridine in Sched-
ule II [Docket No. DEA-715] (FR)
DoE: Energy Conservation Program: Energy Conservation Standards for Un-
fired Hot Water Storage Tanks [EERE-2017-BT-STD-0021] (N/RFI)
DoE: Energy Conservation Program: Test Procedures for Commercial Equip-
06-11-21 ment; Early Assessment Review : Commercial Refrigerators, Refrigerator-
Freezers, and Freezers [E (RFI)ERE–2017–BT–TP–0008]
DEA: Schedules of Controlled Substances: Placement of N-Ethylpentylone in
Schedule I [Docket No. DEA-482] (FR)
06-14-21 EPA: Electronic Option for Export Notifications Under the Toxic Substances
Control Act (TSCA); Notice of Availability [EPA-HQ-OPPT-2021-0286; FRL-
10023-61] (N)
EPA: Purpureocillium lilacinum strain PL11; Exemption from the Requirement
of a Tolerance [EPA-HQ-OPP-2016-0073; FRL-10023-91] (FR)
06-16-21
EPA: Tolfenpyrad; Pesticide Tolerances [EPA-HQ-OPP-2020-0067; FRL-
10024-51] (FR)
DoE: Energy Conservation Program: Test Procedures for Certain Commercial
06-17-21 and Industrial Equipment; Early Assessment Review : Walk-in Coolers and
Freezers [EERE–2017–BT–TP–0010] (RFI)
DEA: Specific Listing for 4F-MDMB-BINACA, a Currently Controlled Schedule I
06-22-21
Substance [Docket No. DEA-819] (FR)
LABOR : Notice Of Update To The Department Of Labor’s List Of Goods Pro-
08-23-21
duced By Child Labor Or Forced Labor (N)

International Trade Compliance Update | July 2021 33

 Baker McKenzie

F.R. Date Subject

DEA: Schedules of Controlled Substances: Placement of para-Methoxymeth-
08-25-21
amphetamine (PMMA) in Schedule I [Docket No. DEA-509] (FR)
EPA: 1-Aminocyclopropane-1-Carboxylic Acid (1-ACC); Exemption From the
06-26-21 Requirement of a Tolerance [Docket No. EPA-HQ-OPP-2019-0515, FRL-
10021-90] (FR)

ANTIDUMPING AND SUBSIDIES

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

SOUTH AMERICA
VENEZUELA
Value Added Tax, Custom Duties and Customs Service Tariff for
Determination of the Customs Regime for several goods and eco-
nomic sectors
In brief
The National Executive issued Decree No. 4,619 of 1 June 2021 (“De-
cree”)1 which establishes the exemption of the payment for the Value Added Tax
(VAT), Customs Duties and Customs Service Tariff for Determination of the Cus-
toms Regime to imports of various goods and merchandise of certain economic
sectors.
The Decree entered into force on 1 June 2021, and repealed the Decree No.
4,604 of 1 May 2021, which established the exemption for the payment of the
VAT, and established the application of a 2% aliquot or 0% ad valorem, by virtue
of articles 8, 10, 11 and 12 of the Customs Tariff of imports of capital movable
goods, information technology and telecommunications goods, their parts, pieces
and accessories, not produced or insufficiently produced in Venezuela, of first
use, identified as BK or BIT, among others 2.
Unlike Decree No. 4,604, the Decree only establishes the exemption of the Cus-
toms Service Tariff for Determination of the Customs Regime for goods destined
to prevent the expansion of the COVID-19 pandemic. Additionally, it includes in
the exemption of the Custom Duties and VAT, to imports of corporal movable
goods, new or used, carried out by organs and entities of the National Public Ad-
ministration, classified in the tariff subheadings are 7307.11.00.00,
7307.19.20.00 and 7307.99.00.00. These tariff subheadings refer to pipe fittings.
In addition to the above, Resolution No. 011-2021 of 3 June 2021 issued by the
Ministry of Economy, Finance and Foreign Trade (Resolution), included 36 tariff
codes that are part of the Decree and whose goods are subject to a Contingency
Tariff Regime.
Click here to access full alert
View Spanish version
Authors: Manuel Marin and Marie Roscelle Quintero

International Trade Compliance Update | July 2021 34

 Baker McKenzie

ASIA-PACIFIC
[Please note that material pertaining to the Eurasian Economic Union (EAEU)
and the Customs Union between Russia, Armenia, Belarus, Kazakhstan and the
Kyrgyz Republic is shown under EUROPE.]
AUSTRALIA
ABF notices and advices
The following Australian Border Force (ABF Australian Customs Notices (ACN)
and Cargo advices (ACCA) were issued during the period covered by this Up-
date:

Date Series and № Title

04-06-21 ACN № 2021/22 Luxury car tax thresholds for 2021-22

Australian Gazettes
The following documents were published in the Government Notices Gazette, the
Tariff Concessions Gazette (TC) or other Gazettes and Federal Register of Leg-
islation as noted(dd-mm-yy):

Date Matter

Criminal Code (Terrorist Organisation—Jama’at Mujahideen Bangladesh) Regu-

lations 2021 F2021L00672 • as made • Registered: 01/06/2021
01-06-21
Criminal Code (Terrorist Organisation—Neo-Jama’at Mujahideen Bangladesh)
Regulations 2021 F2021L00669 • as made • Registered: 01/06/2021
02-06-21 Tariff Concessions Gazette No. TC 21/19, Wednesday, 2 June 2021
09-06-21 Tariff Concessions Gazette No. TC 21/20, Wednesday, 9 June 2021
Biosecurity (Consequential Amendments and Transitional Provisions) (Extension
of First Points of Entry Determinations) Instrument 2021
10-06-21
Export Control (Tariff Rate Quotas—Feed Grain Export to Indonesia) Rules
2021
Notice of Rates of Exchange - Section 161J Customs Act 1901 - 15/06/2021
15-06-21 Export Control (Tariff Rate Quotas—General) Rules 2021
F2021C00519 • as amended Registered 15/06/21
16-06-21 Tariff Concession Gazette No. TC 21/21 Wednesday 16 June 2021
Australia New Zealand Food Standards Code – Schedule 20 – Maximum resi-
21-06-21
due limits F2021C00533 • as amended • Registered: 21/06/2021
Tariff Concession Gazette No. TC 21/22 Wednesday 23 June 2021
23-06-21 Customs (Prohibited Imports) Regulations 1956
F2021C00545 • SR 1956 No. 90 as amended • Registered: 23/06/2021
Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the Eu-
25-06-21 ropean Union and United Kingdom) Rules 2021
F2021C00555 • as amended • Registered: 25/06/2021
Australia New Zealand Food Standards Code – Schedule 3 – Identity and purity
F2021C00554 • as amended • Registered: 25/06/2021

Australian Tariff Precedents

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

International Trade Compliance Update | July 2021 35

 Baker McKenzie

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
CHINA (INCLUDING HONG KONG SAR)
MOFCOM and GAC notices
The following Ministry of Commerce (MOFCOM) and General Administration of
Customs (GAC) notices were posted during the period covered by this Update
(mm-dd-yy):

Date Series and № Subject

MOFCOM/GA C Ann. On Adjusting the Catalogue of Prohibited Commodities

06-11-21
№ 12, 2021 in Processing Trade

Hong Kong Trade and Industry Department (TID) notices

In addition to Hong Kong circulars, the TID carries PRC Trade Circulars (dd-mm-
yy)

Date Matter

The Mainland of China : Public Consultation on “Administrative Rules of the

01-06-21 Customs of the People's Republic of China on the Filing of Declaration Units
(Consultation Draft)” [374/2021]
The Mainland of China : Notice Concerning Adjusting the Catalogue of Import
04-06-21
and Export Commodities Subject to Compulsory Inspection [383/2021]
The Mainland of China : Notice of the National Medical Products Administration
07-06-21 Concerning the Implementation of the “Administrative Measures on Labeling of
Cosmetics” [386/2021]
The Mainland of China : “Law of the People's Republic of China on the Hainan
Free Trade Port” [397/2021]
Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
15-06-21
Agreement on Trade in Goods (The Agreement)
Request for Revisions to CEPA Rules of Origin (ROOs) (Arrangements for Mak-
ing Requests in 2021) [399/2021]
The Mainland of China : “Notice on Adjustment of the Catalogue of Prohibited
16-06-21
Products for Processing Trade” [404/2021]
The Mainland of China : Notice of the State Taxation Administration Concerning
17-06-21 Certain Issues Related to Optimizing and Integrating the Export Tax Rebate In-
formation System, and Providing Better Service to Taxpayers [407/2021]

INDIA
Material in this section and the India Antidumping Countervailing Duty and Safe-
guards Investigations section was prepared by Sonia Gupta of Ashok Dhingra
Associates, Attorneys at Law, Gurgaon (Haryana), India
Other CBIC and DGFT notifications, circulars and instructions
Central Board of Indirect Taxes and Customs (CBIC) and Directorate General of
Foreign Trade (DGFT) issued following notifications, circulars (Cir) and instruc-
tions during the period covered by this Update:

Date Series and № Subject

CBIC TARIFF NOTIFICATIONS

Rescinds notification reducing Integrated Goods and Ser-
14-06-21 33/2021-Cus vices Tax (IGST) on Oxygen Concentrators imported for
personal use

International Trade Compliance Update | July 2021 36

 Baker McKenzie

Date Series and № Subject

CBIC NON -TARIFF NOTIFICATIONS

Notifies Tariff Value of Edible Oils, Brass Scrap, Poppy
15-06-21 52/2021-Cus (NT)
Seeds, Areca Nut, Gold and Silver
53/2021-Cus (NT)
16-06-21 Notifies Tariff Value of Edible Oils
Corrigendum
CBIC INSTRUCTIONS
Mandatory use of Central Revenues Control Laboratory
(CRCL) module to electronically forw ard test memos for
21-06-21 14/2021-Cus
testing of samples to CRCL and other Revenue Laborato-
ries w .e.f. 1 July, 2021
DGFT NOTIFICATIONS
Export Policy of Amphotericin-B injection revised from Free
01-06-21 07/2015-2020
to Restricted w ith immediate effect
Export Policy of Injection Remdesivir and Remdesivir Active
Pharmaceutical Ingredients (API) revised from Prohibited to
14-06-21 08/2015-2020 Restricted w ith immediate effect. Further export of
Remdesivir Injections/ API against Advance Authorisation
w ill not require separate authorisation/ permission
DGFT PUBLIC NOTICES
Suspends pow ers of the Cashew Export Promotion Council
of India to issue/ renew Registration-Cum- Membership Cer-
6/2015-2020 tificate (RCMC) and designates Agricultural and Processed
14-06-21
Food Products Export Development Authority (APEDA) as
authorized agency to issue RCMC for Cashew Kernels,
Cashew nut Shell Liquid and Kardanol.
Amends Appendix - 4B to Handbook of Procedures of the
Foreign Trade Policy to include registered office address
17-06-21 07/2015-2020
and branch address of M/s Diamond India Limited in list of
Nominated Agencies
OTHERS
07-06- Invites comments from Stakeholders on proposed Anti-Ab-
2021 sorption Rules by 17 June, 2021[SG1]
Stakeholder’s consultation on simplification of Rules, Pro-
08-06-21 cesses and Procedures relating to Trade Remedy held on
10 June 2021[SG2]
To streamline investigation process, revised checklist pre-
16-06-21 4/2/2018-DGTR scribed for submission of AD Duty and CV Duty applications
to the DGTR for initiation of investigation
Stakeholder’s consultation on simplification of Rules, Pro-
21-06-21 cesses and Procedures relating to Trade Remedy w ith law
firms held on 23 June, 2021[SG3]

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
NEW ZEALAND
Update on goods entry exemption rules
As part of the goods clearance fee roll-out, New Zealand Customs has updated
some of its rules around goods exempt from entry requirements, which will come
into effect on 1 July 2021. These rules set out what documents (other than an
entry) are required for certain goods to be exempt from import or export entry, or
how goods may be deemed to be entered. These rules clarify existing Customs
operational requirements and do not change current Customs processes.

The new rules, listed below, can be found on Customs’ website:

International Trade Compliance Update | July 2021 37

 Baker McKenzie

 Customs (Deemed Entry of Goods) Rules 2021. These Rules prescribe

requirements for Simplified Import Declarations and Inward Cargo Report
write-off requests to be made through Customs registered user system.
The International Trade Compliance
 Customs (Cargo Report (Export)) Rules 2021 These Rules prescribe re-
Update is a publication of the
quirements for a Cargo Report (Export) to be made through Customs
Global International Commercial
and Trade Practice Group of Baker
registered user system.
McKenzie. Articles and comments  2021 Chief Executive Direction in relation to regulation 25(1)(i)
are intended to provide our readers
w ith information on recent legal de-  2021 Chief Executive Direction in relation to regulation 26(2)(b)(i)
velopments and issues of signifi-
 2021 Chief Executive Direction in relation to regulation 29(1AAA)(b)
cance or interest. They should not
be regarded or relied upon as legal New Zealand Gazette
advice or opinion. Baker McKenzie
advises on all aspects of Interna- The following international trade related documents were published in the New
tional Trade law . Zealand Gazette (dd-mm-yy):

A note on spelling, grammar Date Matter

and dates--
In keeping with the global nature Tariff Concession (Advertisement) Notice No. 2021/21
03-06-21
of Baker McKenzie, the original Tariff Concession Approvals, Withdraw als and Declines Notice No .2021/21
spelling, grammar and date format- Notice of Start of Investigation into the Alleged Dumping of Certain Aluminium-
09-06-21
ting of non-USA English language zinc Coated Steel From Korea and Taiw an
material has been preserved from 14-06-21 Tariff Concession Advertisment Notice 22 2021
the original source whether or not Tariff Concession Approvals, Withdraw als and Declines Notice (No. 23) 2021
18-06-21
the material appears in quotes. Tariff Concession Advertisment Notice 23 2021
25-06-21 Tariff Concession Advertisment Notice 24 2021
Translations of most non-English Excise and Excise-equivalent Duties Table (effective from 1 July 2021)
language documents are unofficial Introduction to the Working Tariff Document Effective 1 July 2021
and are performed via an auto-
mated program and are for infor- SINGAPORE
mation purposes only. Depending
on the language, readers with the Commencement of Import Control Regime for Power-Assisted Bicy-
Chrome browser should be able to cles (PABs) and Motorised Personal Mobility Devices (PMDs)
automatically get a rough to excel-
The Land Transport Authority (LTA) has notified traders and declaring agents
lent English translation.
that with effect from 28 June 2021, under the Small Motorised Vehicles (Safety)
Act 2020 (“SMVA”), all importers of Power-Assisted Bicycles (PABs) and motor-
Credits:
ised Personal Mobility Devices (PMDs) will be required to obtain approval from
Unless otherwise indicated, all in- the LTA before importing these devices into Singapore. This will apply to devices
formation is taken from official inter- imported under Harmonised System (HS) codes 87116091 and 87116092. For
national organization or government details see the LTA notification.
websites, or their newsletters or
press releases. T HAILAND
Source documents may be
Duty surcharge rate reduced from 1 June to 30 September 2021
accessed by clicking on the blue In the midst of the COVID-19 situation in Thailand, a new Ministerial Regulation
hypertext links.
(Ministerial Regulation (No. 2) B.E. 2564 (2021)) sets a temporary measure dur-
This Update contains public sector infor- ing the period of 1 June to 30 September 2021 to reduce the duty surcharge rate
mation licensed under the Open Govern- to 0.25% per month for all importers and exporters who voluntarily disclose their
ment Licence v3.0 of the United King- errors by themselves and pay additional duty to Thai Customs.
dom. In addition, the Update uses mate-
rial pursuant to European Commission Under Customs Act, B.E. 2560 (2017), importers or exporters who fail to pay the
policy as implemented by Commission
Decision of 12 December 2011. full amount of the import duty are liable to also pay a duty surcharge at the rate of
1% of duty shortfall per month; however, the amount of duty surcharge shall not
exceed the amount of duty shortfalls.
Generally speaking, the Ministerial Regulation issued in 2017 determines the cri-
teria of the duty surcharge reduction. It grants the duty surcharge reduction rate

International Trade Compliance Update | July 2021 38

 Baker McKenzie

from 0.25 to 0.75% depending on the period between the payment date and date
that the goods are released from the customs custody, which is summarized in
the diagram below.
Considering the criteria of the new Ministerial Regulation, this provisional meas-
ure gives more benefits to importers and exporters, provided that this duty sur-
charge reduction scheme does not limit the period between the payment date
and the date that the goods are released from the customs custody, like the 2017
regulation. Thus, importers or exporters who imported or exported goods for
more than 3 years are also entitled to enjoy this duty surcharge reduction.

Unless the Minister of the Ministry of Finance extends the eligible period, the cri-
teria under the new Ministerial Regulation is merely a temporary measure. After
30 September 2021, importers and exporters will be subject to the duty sur-
charge reduction rate under the established Ministerial Regulation, B.E. 2560
(2017).
Please contact us for further information or assistance for voluntary disclosure
during this period.
Contacts: Pornapa Luengwattanakit, Panya Sittisakonsin, Suriyong Tungsuwan,
Keerati Saneewong Na Ayudthaya.

EUROPE, MIDDLE EAST AND NORTH AFRICA

European Union and EFTA
EU introduces sector-based economic sanctions on Belarus
Following coordinated designations of certain Belarusian individuals and entities
earlier this week (see our previous post here), the EU has announced that further
sector-based economic sanctions will come into force on 25 June 2021. The re-
strictions are implemented by Council Regulation (EU) 2021/1030 (the “Regula-
tion“), which amends Regulation (EC) No 765/2006.

International Trade Compliance Update | July 2021 39

 Baker McKenzie

The new sanctions target a broad range of technology and software, dual-use
goods and technology, tobacco, petroleum and potash products, and financial
services. The prohibitions apply regardless of the origins of the products or tech-
nologies, and apply directly and indirectly. Furthermore, parties may not circum-
vent the restrictions.
Like all EU sanctions, these measures apply to: (i) all EU-incorporated entities
and their non-EU branches; (ii) nationals of EU Member States, wherever lo-
cated; (iii) activities taking place within EU territory; and (iv) other persons in re-
spect of business done in whole or in part within the EU.
While the EU co-ordinated the designations earlier this week with Canada, the
UK and the US, no further sanctions have been announced by these other juris-
dictions at this time.
Financial Services
Parties are prohibited from engaging in a variety of financial services and dealing
with related financial instruments, including:
 purchasing, selling, providing investment services for or assistance in the issu-
ance of, or otherw ise dealing w ith, transferable securities and money-market in-
struments w ith a maturity exceeding 90 days issued the Belarusian state and its
government, Belarussian public bodies, corporations and agencies, and three
Belarusian banks, as w ell as their majority-ow ned non-EU subsidiaries;

 loans or credit w ith a maturity exceeding 90 days maturity to the same (subject to
an exception for the financing of legitimate EU trade); and

 insurance or re-insurance to the Belarusian Government and related entities.

Telecoms monitoring equipment

The sanctions impose a licensing obligation on the sale, supply, transfer or ex-
port to or for use in Belarus of a wide variety of equipment, software and technol-
ogy for telecoms interception and monitoring.
EU persons are also prohibited from providing technical assistance, brokering
services, financing or financial assistance, or monitoring and interception ser-
vices to any party for use in Belarus or that will benefit the Belarusian authorities.
Dual-use items
EU persons are prohibited from selling, supplying, transferring or exporting dual-
use items to any person or entity in (or for use in) Belarus if the items may be
wholly or partially intended for military use or a military end-user (including the
Belarusian military). The sanctions also provide for such items to be prohibited
for supply to named parties in Belarus, although no such parties have been listed
at this time.
EU persons are also prohibited from providing technical assistance, brokering
services, financing or financial assistance, in relation to dual-use items for such
end-uses and end-users.
Tobacco-related items
EU persons may not sell, supply, transfer or export goods used in the production
or manufacturing of tobacco products (including filters, papers, flavours and ma-
chinery) to or for use in Belarus.
Import restrictions on petroleum and potash

International Trade Compliance Update | July 2021 40

 Baker McKenzie

The sanctions also impose prohibitions on the import into the EU of petroleum
products originating in or exported from Belarus, the purchase of petroleum prod-
ucts originating in or located in Belarus, and the provision of transport for petro-
leum products originating in or being exported from Belarus. It is also prohibited
to provide technical assistance, brokering services, financing and financial assis-
tance in relation to such items.
Import, purchase and transfer restrictions have also been imposed on potassium
chloride (potash) sourced from Belarus.
Authors: Andrew Rose and Ben Smith.
EU and UK coordinate on further sanctions targeting Belarus along-
side US and Canada
On 21 June 2021, the EU and UK announced coordinated sanctions against
specified Belarusian individuals and entities. This follows the forced landing of a
commercial aircraft in Belarus and subsequent detention of a Belarusian journal-
ist, and suggests that the UK is continuing to align its sanctions regime with key
allies following Brexit. The sanctions were further coordinated with the US and
Canada.
The designated parties will be subject to asset freezes, whilst individuals will be
subject to travel bans stopping them entering or transiting the EU and UK. Indi-
viduals and entities in these jurisdictions will also be prohibited from making
funds or economic resources available to the designated parties or parties owned
or controlled by them.
The additional designated parties target individuals and companies with close
ties to President Lukashenko, his family and the Belarusian Government. This
brings the total number of designated parties to 181 in the EU (166 individuals
and 15 entities), and 108 in the UK (99 individuals and 9 entities).
Whilst sectoral sanctions have not yet been introduced, the EU is reportedly con-
sidering their introduction at a scheduled summit on 24 June 2021. These may
be broad-based, and target Belarus’ exports in tobacco, oil and oil-related prod-
ucts, and potash. This is in addition to measures reportedly agreed by the EU to
target Belarus’ financial system, which could include bans in trading Belarusian
bonds and securities, and providing financial services to parties in Belarus.
Author: Sunny Mann.
UK and EU announce further Myanmar sanctions
On 21 June 2021, the UK and EU both announced further sanctions targeting in-
dividuals and entities linked to Myanmar’s military regime.
The EU announced that it was imposing sanctions against an additional 8 individ-
uals, 3 economic entities (Myanmar Gems Enterprise; Myanmar Timber Enter-
prise (“MTE”); and Forest Products Joint Venture Corporation Limited) and the
War Veterans Organisation. All designated persons are subject to asset freezes,
with individuals subject to travel bans. EU persons are prohibited from making
funds or economic resources available to the listed parties, or parties they own or
control. There are now 43 individuals and 6 entities targeted under the EU re-
gime which can be found here and here.
Similarly, the UK announced further sanctions targeting Myanmar’s State Admin-
istration Council (“SAC”) as well as MTE and Myanmar Pearl Enterprise. A con-
solidated list of financial sanctions targets can be found here. The UK also an-
nounced that it will maintain its suspension on trade promotion, and that it will

International Trade Compliance Update | July 2021 41

 Baker McKenzie

strengthen its Overseas Business Risk guidance. This will reiterate that UK com-
panies must undertake enhanced supply chain due diligence when conducting
business in Myanmar, and should not enter into trading relationships that benefit
the Myanmar military.
In the guidance, published on 21 June along with the new designations, the UK
has drawn out issues that cut across the sanctions, the underlying situation in
Myanmar and a number of compliance issues that are highly relevant for busi-
nesses such as:
 Draw ing a link betw een human rights abuses and w orkforce concerns, in particu-
lar emphasising that suppliers and partners of UK business are respecting their
employees’ individual rights.

 Draw ing a link to anti-bribery and corruption risk, in particular noting that the ade-
quate procedures defence to the failure to prevent bribery offence (under the UK
Bribery Act) requires “strong, up-to-date and effective anti-bribery policies and
systems in place to prevent bribery by persons associated with them”.

 Emphasising that ”Businesses are ultimately responsible for conducting due dili-
gence regarding their engagement and operations within Myanmar and should
seek legal advice” but also noting that businesses are expected to follow best
practice and that in some cases this means conducting enhanced supply chain
due diligence to ensure that they are not supporting the military or its associated
entities.

Please see our previous blog posts about EU and UK Myanmar sanc-
tions here and here.
Author: Sunny. Mann.
Recast EU Dual-Use Regulation to come into force on 9 September
2021 – our summary and how to receive full analysis
On 11 June 2021, the Recast Dual-Use Regulation was published in the Official
Journal of the European Union as Regulation 2021/821 (the “Regulation”). The
Regulation, which comes into force on 9 September 2021, will replace the current
Dual-Use Regulation introduced in 2009.
Key changes include:
 Tw o new general export authorisations: The Regulation introduces a general
export authorisation for intra-group transfers of dual use softw are and technology
to specified countries for product development purposes, that is available w here
the parent company is resident in an EU Member State or an EU GEA 001 desti-
nation country, and is subject to conditions including the parent company provid-
ing a guarantee for the subsidiary’s compliance w ith the authorisation. A further
export authorisation is introduced for certain encryption items, and permits ex-
ports to countries other than those on a negative list.

 New requirements for internal com pliance policies and due diligence : Whilst
some Member States already require exporters to implement an Internal Compli-
ance Programme for export controls in order to obtain global export authorisa-
tions, this is now an EU-w ide requirement (w ith limited exceptions).

 Technical assistance : The Regulation introduces new controls covering situa-

tions w here a company provides technical assistance relating to dual-use items.
Previously, export controls w ould not apply to the provision of technical assis-
tance other than w here controlled technology (or controlled goods or softw are)
w ere exported as part of the assistance.

 Cyber-surveillance: The Regulation introduces a new end-use control on cyber-

surveillance equipment, w here the exporter is aw are or has been informed that
the exported items are or may be intended for use in connection w ith internal re-

International Trade Compliance Update | July 2021 42

 Baker McKenzie

pression or the commission of serious violations of human rights and interna-

tional humanitarian law . This applies to items (w hether or not listed) that are spe-
cially designed to enable the covert surveillance of natural persons by monitor-
ing, extracting, collecting or analysing data from information and telecommunica-
tion systems.

 Relationship w ith national control lists : To address public security concerns

and facilitate cooperation betw een member states to prevent circumvention of
national controls, exporters may be required to seek authorisation w here items
are placed on national control lists in another Member State.

 License duration and record-keeping: Global and individual authorisations w ill

now only be valid for a maximum of tw o years. Further, records must be kept for
five years (as opposed to the current three year period) follow ing the end of the
calendar year in w hich a transfer took place.

Following Brexit, the Regulation will not automatically apply in Great Britain,
where the retained Dual-Use Regulation (Regulation 428/2009) – based on the
pre-Brexit controls – will continue to apply as the basis for the export control re-
gime (although the UK separately issued new guidance on export of dual-use
technologies earlier this year, see our previous post here). However, there re-
mains some residual uncertainty as to how the UK Government will administer
the revised rules in practice under the new Regulation for exports out of Northern
Ireland given the terms of the Brexit agreement.
For more detail on the Regulation, please contact Alex Phillips to be added to our
mailing list and receive our full client alert and analysis.
Authors: Sunny Mann, Andrew Rose and Ross Evans
EU and US reach understanding on Large Civil Aircraft dispute
On 15 June 2021, the European Commission announced that European Com-
mission Executive Vice-President Valdis Dombrovskis and US Trade Repre-
sentative Katherine Tai reached an understanding relating to large civil aircraft,
transforming almost 17 years of disputes into a forward-looking, collaborative
platform to address bilateral issues as well as global challenges.
Both sides w ill now seek to overcome long-standing differences in order to avoid fu-
ture litigation and preserve a level playing field betw een our aircraft manufacturers
and w ill also w ork to prevent new differences from arising.
The EU and the US also agreed to suspend application of harmful tariffs w orth of
USD 11.5 billion for a period of five years that hurt companies and people on both
sides of the Atlantic.
The tw o sides w ill collaborate on jointly analysing and addressing non-market prac-
tices of third parties that may harm our large civil aircraft sectors.

Under the Understanding on a cooperative framework for Large Civil Aircraft, the
two sides expressed their intention to:
 establish a Working Group on Large Civil Aircraft led by each side's respective
Minister responsible for Trade,

 provide financing to large civil aircraft producers on market terms,

 provide R&D funding through an open and transparent process and make the re-
sults of fully government funded R&D w idely available, to the extent permitted by
law ,

 not to provide R&D funding as w ell as specific support (such as specific tax
breaks) to their ow n producers that w ould harm the other side,

 collaborate on addressing non-market practices of third parties that may harm

their respective large civil aircraft industries,

International Trade Compliance Update | July 2021 43

 Baker McKenzie

 continue to suspend application of their countermeasures, for a period of 5 years,

avoiding billions of euros in duties for importers on both sides of the Atlantic

See White House announcement in the US section, above.

New e-commerce VAT rules take effect on 1 July
The EU Taxation and Customs Union announced that new VAT rules on cross-
border business-to-consumer (B2C) e-commerce transactions will enter into ef-
fect on 1 July. The following is from the announcement:
Everyone in the e-commerce supply chain is affected, from online sellers and market-
places/platforms both inside and outside the EU, to postal operators and couriers,
customs and tax administrations, right through to consumers.
Online sellers, including online marketplaces/platforms can register in one EU Mem-
ber State and this w ill be valid for the declaration and payment of VAT on all distance
sales of goods and cross-border supplies of services to customers w ithin the EU.
They w ill benefit from a reduction in red tape of up to 95% by registering w ith the
new One Stop Shop (OSS).

The existing thresholds for distance sales of goods w ithin the EU w ill be abolished
and replaced by a new EU-w ide threshold of EUR 10 000. Below this EUR 10 000
threshold, the supplies of TBE (telecommunications, broadcasting and electronic) ser-
vices and distance sales of goods w ithin the EU may remain subject to VAT in the
Member State w here the taxable person is established.
Special provisions are introduced w hereby online marketplaces/platforms facilitating
supplies of goods are deemed for VAT purposes to have received and supplied the
goods themselves (“deemed supplier”).
In addition, new record keeping requirements are introduced for online market-
places/platforms facilitating supplies of goods and services, including w here such
online marketplaces/platform are not a deemed supplier.

The VAT exemption at importation of small consignments of a value up to EUR 22 w ill

be removed. This means all goods imported in the EU w ill now be subject to VAT.
But help is at hand! A new special scheme for distance sales of low goods imported
from third territories or third countries w ill be created. The Import One Stop Shop
(IOSS) has been created to simplify the declaration and payment of VAT.
Finally, simplification measures for distance sales of imported goods in consignments
not exceeding EUR 150 w ill be introduced, in case the IOSS is not used (special ar-
rangements).

Which are the transactions covered by the new changes?

 Distance sales of goods w ithin the EU carried out by s uppliers or deemed suppli-
ers;
 Domestic sales of goods by deemed suppliers;
 Supplies of services by EU and non-EU sellers to consumers in the EU;
 Distance sales of goods imported from third territories or third countries carried
out by suppliers and deemed suppliers, except for goods subject to excise duties.

See the announcement for links to detailed provisions.

Between a rock and a hard place: EU Advocate-General Opinion
signals strict interpretation of the EU Blocking Regulation
On 12 May, Advocate General (“A-G”) Hogan issued an Opinion in a case before
the Court of Justice of the European Union (“CJEU”) concerning the application
of the EU Blocking Statute (Regulation (EC) No 2271/96). While the Opinion is
not binding on the CJEU, it signals that the EU and Member State courts are
likely to take a strict approach in their interpretation of the Bloc king Regulation,

International Trade Compliance Update | July 2021 44

 Baker McKenzie

and highlights the complexities that face European businesses impacted by US

sanctions against Iran and/or Cuba.
The Blocking Statute prohibits EU businesses from complying with certain extra-
territorial US sanctions targeting Iran and Cuba. It also gives EU parties a right
of action where they suffer loss resulting from the blocked US sanctions. This di-
rect conflict between the EU and US position often places businesses in a diffi-
cult position of ensuring compliance with EU law, whilst also seeking to minimise
their risk under US extraterritorial sanctions.
In the case in question (C-124/20 Bank Melli Iran, Aktiengesellschaft nach
iranischem Recht v Telekom Deutschland GmbH)a German telecommunications
provider terminated its contract with a German branch of an Iranian bank shortly
after the US tightened its sanctions against Iran in 2018. The bank was at the
time listed on the US Specially Designated Nationals and Blocked Persons
(“SDN”) List. The bank claimed that termination was motivated solely by the tele-
communications provider’s desire to comply with US sanctions that created po-
tential secondary sanctions risks for non-US businesses from trading with Iranian
SDNs.
In the Opinion, the A-G sets out the following positions:
 the Blocking Statute places a burden of proof on the terminating party to demon-
strate that the decision to terminate is not motivated by US sanctions;

 national courts must order the continued performance of a contract that has been
unlaw fully terminated due to the application of US sanctions; and

 the Blocking Statute prohibits any activity by an EU business intended to comply

w ith the blocked US sanctions, even if no US court or agency has attempted to
compel the EU business to comply.

The A-G, also refers to the Blocking Statute as “a very blunt instrument” that
“gives rise to a series of hitherto unresolved legal issues and a variety of in-
tensely practical problems”, and suggests that the EU institutions may wish to re-
view the legislation. This is a rare form of judicial criticism, and could contribute
to an impetus for reform of the Blocking Statute (including opportunities for busi-
ness to contribute their experiences as part of the conversation around re-
form). The Opinion is not binding. However, A-G Opinions are highly persuasive
and the CJEU follows them more often than not, so it is possible the CJEU may
take a similarly robust stance when it hands down its judgment in due course.
Businesses affected by the Blocking Statute would be advised to keep an eye out
for the judgment, which may have a significant impact upon how businesses bal-
ance the risks under US sanctions with their obligations under EU law.
Authors: Sunny Mann and Andrew Rose..
Commission issues tariff classification regulations
See separate section below for tariff classification regulations issued by the Euro-
pean Commission during the period covered by this Update.
Amendments to the CN Explanatory Notes
No amendments to the Explanatory Notes to the Combined Nomenclature of the
European Union were published in the Official Journal during the period covered
by this Update.

International Trade Compliance Update | July 2021 45

 Baker McKenzie

Binding Tariff Information

The European Community has created the Binding Tariff Information (BTI) sys-
tem as a tool to assist economic operators to obtain the correct tariff classifica-
tion for goods they intend to import or export.
Since 1 October 2019 all BTI correspondence between the economic operator
and the customs authority is happening through the Trader Portal. This includes
among others applications by economic operators for BTI decisions, requests by
the customs authority for further information on the product being classified and
the economic operators’ replies to those questions. A list of customs authorities
designated by Member States for the purposes of receiving applications, or tak-
ing decisions relating to binding tariff information may be found here.

Depending on the Member State an economic operator has to access either the
EU Customs trader portal or the national trader portal. You can search and con-
sult existing BTIs on the EBTI-database.
Official Journal documents
The following documents of interest to international traders (excluding documents
relating to day-to-day management of agricultural matters, individual protected
designations of origin registrations, approvals or restrictions on specific sub-
stances and fishing rights) were published in the Official Journal of the European
Union:

OJ Date Subject

Amendments to the Customs Convention on the International Transport of

goods under cover of TIR carnets (TIR Convention 1975) – According to UN De-
01-06-21
positary Notification C.N.85.2021.TREATIES-XI.A.16 the following amendments
to the TIR Convention enter into force on 1 June 2021 for all Contracting Parties
Commission Delegated Regulation (EU) 2021/880 of 5 March 2021 amending
Delegated Regulation (EU) 2020/686 supplementing Regulation (EU) 2016/429
of the European Parliament and the Council as regards the traceability, animal
health and certification requirements for movements w ithin the Union of germi-
nal products of certain kept terrestrial animals (Text w ith EEA relevance)
02-06-21 Commission Delegated Directive (EU) 2021/884 of 8 March 2021 amending, for
the purposes of adapting to scientific and technical progress, Annex IV to Di-
rective 2011/65/EU of the European Parliament and of the Council as regards
the validity period of an exemption for the use of mercury in electric rotating con-
nectors used in intravascular ultrasound imaging systems (Text w ith EEA rele-
vance)
Commission Regulation (EU) 2021/899 of 3 June 2021 amending Regulation
(EU) No 142/2011 as regards transitional measures for the export of meat-and-
bone meal as a fuel for combustion
Commission Implementing Regulation (EU) 2021/900 of 3 June 2021 authoris-
ing a change of the conditions of use of the novel food ‘galacto-oligosaccharide’
under Regulation (EU) 2015/2283 of the European Parliament and of the Coun-
cil and amending Commission Implementin g Regulation (EU) 2017/2470
Commission Implementing Regulation (EU) 2021/901 of 3 June 2021 correcting
the Sw edish language version of Implementing Regulation (EU) 2019/2072 es-
04-06-21
tablishing uniform conditions for the implementation of Regulation (EU)
2016/2031 of the European Parliament of the Council, as regards protective
measures against pests of plants
Commission Implementing Regulation (EU) 2021/902 of 3 June 2021 amending
Implementing Regulation (EU) 2021/605 laying dow n special control measures
for African sw ine fever
Commission Directive (EU) 2021/903 of 3 June 2021 amending Directive
2009/48/EC of the European Parliament and of the Council as regards specific
limit values for aniline in certain toys

International Trade Compliance Update | July 2021 46

 Baker McKenzie

OJ Date Subject

Council Recommendation (EU) 2021/892 of 3 June 2021 amending Council

Recommendation (EU) 2020/912 on the temporary restriction on non-essential
travel into the EU and the possible lifting of such restriction
Decision No 1/2021 of the EU-Colombia- Peru- Ecuador Trade Committee of
17 May 2021 amending Appendix 1 of Annex XII (Government Procurement) to
the Trade Agreement betw een the European Union and its Member States, of
the one part, and Colombia, Peru and Ecuador, of the other part (2021/894)
Commission Implementing Decision (EU) 2021/913 of 3 June 2021 on the har-
monised standards for household dishw ashers drafted in support of Regulation
(EU) 2019/2022 and Delegated Regulation (EU) 2019/2017
Commission Implementing Decision (EU) 2021/906 of 3 June 2021 amending
the Annex to Implementing Decision (EU) 2021/641 concerning emergency
07-06-21 measures in relation to outbreaks of highly pathogenic avian influenza in certain
Member States (notified under document C(2021) 4096)
Commission notice — Commission guidelines on single-use plastic products in
accordance w ith Directive (EU) 2019/904 of the European Parliament and of the
Council on the reduction of the impact of certain plastic products on the environ-
ment [2021/C 216/01]
Council Decision (EU) 2021/924 of 3 June 2021 on the position to be adopted
on behalf of the European Union w ithin the International Cocoa Council as re-
gards the extension of the International Cocoa Agreement 2010
Council Decision (EU) 2021/925 of 7 June 2021 on the position to be taken on
09-06-21 behalf of the European Union in the World Forum for Harmonisation of Vehicle
Regulations of the United Nations Economic Commission for Europe as regards
the proposals for modifications to UN Regulations Nos 13, 13-H, 24, 30, 41, 49,
79, 83, 95, 101, 124, 129, 134, 137 and 157, and the proposals for modifications
to Global Technical Regulations Nos 4 and 9
Commission Implementing Regulation (EU) 2021/934 of 9 June 2021 laying
dow n special control measures for classical sw ine fever
Commission Implementing Decision (EU) 2021/936 of 3 June 2021 on the har-
monised standards for household w ashing machines and household w asher -
10-06-21 dryers drafted in support of Regulation (EU) 2019/2023 and Delegated Regula-
tion (EU) 2019/2014
Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of
the Council of 30 May 2018 on organic production and labelling of organic prod-
ucts and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018)
Regulation (EU) 2021/821 of the European Parliament and of the Council of
11-06-21 20 May 2021 setting up a Union regime for the control of exports, brokering,
technical assistance, transit and transfer of dual-use items (recast)
Commission Implementing Regulation (EU) 2021/952 of 11 June 2021 amend-
14-06-21 ing Implementing Regulation (EU) 2021/605 laying dow n special control
measures for African sw ine fever
Regulation (EU) 2021/953 of the European Parliament and of the Council of
14 June 2021 on a framew ork for the issuance, verification and acceptance of
interoperable COVID-19 vaccination, test and recovery certificates (EU Digital
COVID Certificate) to facilitate free movement during the COVID-19 pandemic
- Statement by the Commission
15-06-21 Regulation (EU) 2021/954 of the European Parliament and of the Council of
14 June 2021 on a framew ork for the issuance, verification and acceptance of
interoperable COVID-19 vaccination, test and recovery certificates (EU Digital
COVID Certificate) w ith regard to third-country nationals legally staying or resid-
ing in the territories of Member States during the COVID-19 pandemic
- Statement by the Commission
Commission Implementing Regulation (EU) 2021/963 of 10 June 2021 laying
dow n rules for the application of Regulations (EU) 2016/429, (EU) 2016/1012
16-06-21 and (EU) 2019/6 of the European Parliament and of the Council w ith regard to
the identification and registration of equine animals and establishing model iden-
tification documents for those animals
Commission Implementing Regulation (EU) 2021/966 of 11 June 2021 granting
17-06-21
Cabo Verde a temporary derogation from the rules on preferential origin laid

International Trade Compliance Update | July 2021 47

 Baker McKenzie

OJ Date Subject
dow n in Delegated Regulation (EU) 2015/2446, in respect of prepared or pre-
served tuna fillets, prepared or preserved mackerel fillets and prepared or pre-
served frigate tuna or frigate mackerel fillets
Commission Implementing Directive (EU) 2021/971 of 16 June 2021 amending
Annex I to Council Directive 66/401/EEC on the marketing of fodder plant seed,
Annex I to Council Directive 66/402/EEC on the marketing of cereal seed, An-
nex I to Council Directive 2002/54/EC on the marketing of beet seed, Annex I to
Council Directive 2002/55/EC on the marketing of vegetable seed and Annex I
to Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants,
as regards the use of biochemical and molecular techniques
Council Decision (EU) 2021/972 of 14 June 2021 on the position to be taken on
behalf of the European Union w ithin the General Council of the World Trade Or-
ganization on the European Union request for an extension of the WTO w aiver
permitting autonomous trade preferences to the Western Balkans
Corrigendum to Commission Regulation (EU) 2021/850 of 26 May 2021 amend-
ing and correcting Annex II and amending Annexes III, IV and VI to Regulation
(EC) No 1223/2009 of the European Parliament and of the Council on cosmetic
products ( OJ L 188, 28.5.2021 )
Corrigendum to Commission Delegated Regulation (EU) 2020/217 of 4 October
2019 amending, for the purposes of its adaptation to technical and scientific pro-
gress, Regulation (EC) No 1272/2008 of the European Parliament and of the
Council on classification, labelling and packaging of substances and mixtures
and correcting that Regulation ( OJ L 44, 18.2.2020 )
Commission Implementing Decision (EU) 2021/973 of 1 June 2021 confirming
or amending the provisional calculation of the average specific emissions of
CO2 and the specific emissions targets for manufacturers of passenger cars and
light commercial vehicles for the calendar year 2019 and, for the passenger car
manufacturer Dr Ing. h.c. F. Porsche AG and the Volksw agen pool, for the cal-
endar years 2014 to 2018 pursuant to Regulation (EU) 2019/631 of the Euro-
pean Parliament and of the Council (notified under document C(2021) 3682)
Commission Regulation (EU) 2021/979 of 17 June 2021 amending Annexes VII
to XI to Regulation (EC) No 1907/2006 of the European Parliament and of the
Council concerning the Registration, Evaluation, Authorisation and Restriction of
Chemicals (REACH)
Council Decision (EU) 2021/964 of 26 May 2021 on the conclusion of the Volun-
tary Partnership Agreement betw een the European Union and the Republic of
Honduras on forest law enforcement, governance and trade in timber products
18-06-21 to the European Union
 Voluntary Partnership Agreement betw een the European Union and
the Republic of Honduras on forest law enforcement, governance and
trade in timber products to the European Union
Commission Implementing Decision (EU) 2021/989 of 17 June 2021 amending
the Annex to Implementing Decision (EU) 2021/641 concerning emergency
measures in relation to outbreaks of highly pathogenic avian influenza in certain
Member States (notified under document C(2021) 4257)
Commission Implementing Regulation (EU) 2021/994 of 18 June 2021 amend-
ing Annex I to Implementing Regulation (EU) 2021/605 laying dow n special con-
trol measures for African sw ine fever
Council Decision (EU) 2021/990 of 7 June 2021 on the conclusion, on behalf of
the Union, of the Agreement in the form of an Exchange of Letters betw een the
European Union and the Republic of Cuba pursuant to Article XXVIII of the Gen-
eral Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of
21-06-21
concessions on all the tariff -rate quotas included in the EU Schedule CLXXV as
a consequence of the United Kingdom’s w ithdraw al from the European Union
Agreement in the form of an exchange of letters betw een the European Union
and the Republic of Cuba pursuant to Article XXVIII of the General Agreement
on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on
all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence
of the united Kingdom’s w ithdraw al from the European Union

International Trade Compliance Update | July 2021 48

 Baker McKenzie

OJ Date Subject
Council Recommendation (EU) 2021/992 of 18 June 2021 amending Recom-
mendation (EU) 2020/912 on the temporary restriction on non-essential travel
into the EU and the possible lifting of such restriction
UN Regulation No 160 – Uniform provisions concerning the approval of motor
vehicles w ith regard to the Event Data Recorder
Commission Delegated Regulation (EU) 2021/1006 of 12 April 2021 amending
Regulation (EU) 2018/848 of the European Parliament and of the Council as re-
gards the model of the certificate attesting compliance w ith the rules on organic
production
Commission Implementing Regulation (EU) 2021/1008 of 21 June 2021 amend-
ing Annex I to Implementing Regulation (EU) 2021/620 as regards the disease-
free status of Croatia and a region of Portugal from infection w ith Brucella abor-
tus, B. melitensis and B. suis in bovine animal populations, amending Annex VIII
thereto as regards the disease-free status of Lithuania and certain regions of
Germany, Italy and Portugal from infection w ith bluetongue virus (serotypes 1-
24) and amending Annex XIII thereto as regards the disease-free status of Den-
22-06-21
mark and Finland from infectious haematopoietic necrosis
Commission Implementing Decision (EU) 2021/1015 of 17 June 2021 amending
Implementing Decision (EU) 2019/1956 as regards harmonised standards for
refrigerating, ice-cream and ice makers appliances, laboratory equipment for the
heating of materials, automatic and semi-automatic laboratory equipment for
analysis and other purposes, electrical equipment w ith ratings related to electri-
cal supply, appliances for skin exposure to ultraviolet and infrared radiation,
room heaters, electric irons, stationary cooking ranges, hobs, ovens and similar
appliances, fabric steamers, electromechanical control circuit devices, blankets,
pads, clothing and similar flexible heating appliances and certain other electrical
equipment designed for use w ithin certain voltage limits
Council Decision (CFSP) 2021/1026 of 21 June 2021 in support of the Cyber
Security and Resilience and Information Assurance Programme of the Organi-
sation for the Prohibition of Chemical Weapons (OPCW) in the framew ork of the
24-06-21 implementation of the EU Strategy against Proliferation of Weapons of Mass
Destruction
Amendments to the Agreement betw een the EFTA States on the establishment
of a Surveillance Authority and a Court of Justice [2021/C 245/13]
Commission Delegated Regulation (EU) 2021/1040 of 16 April 2021 amending
Delegated Regulation (EU) 2016/128 as regards the requirements on pesticides
in food for special medical purposes developed to satisfy the nutritional require-
ments of infants and young children (Text w ith EEA relevance)
Commission Delegated Regulation (EU) 2021/1041 of 16 April 2021 amending
Delegated Regulation (EU) 2016/127 as regards the requirements on pesticides
in infant formula and follow -on formula (Text w ith EEA relevance)
Commission Delegated Directive (EU) 2021/1047 of 5 March 2021 amending
Directive 2009/43/EC of the European Parliament and of the Council as regards
the updating of the list of defence-related products in line w ith the updated Com-
mon Military List of the European Union of 17 February 2020 (Text w ith EEA rel-
evance)
Commission Implementing Regulation (EU) 2021/1029 of 24 June 2021 amend-
25-06-21 ing Commission Implementing Regulation (EU) 2019/159 to prolong the safe-
guard measure on imports of certain steel products
Decision (EU) 2021/1032 of the European Parliament of 27 April 2021 extend-
ing, by an additional period, the term of office of the Committee of Inquiry to in-
vestigate alleged contraventions and maladministration in the application of Un-
ion law in relation to the protection of animals during transport w ithin and out-
side the Union
Decision No 1/2020 of the Joint Committee established by the Agreement be-
tw een the European Union and the Sw iss Confederation on the linking of their
greenhouse gas emissions trading systems of 5 November 2020 on the adop-
tion of Common Operational Procedures (COP) [2021/1033]
Decision No 2/2020 of the Joint Committee established by the Agreement be-
tw een the European Union and the Sw iss Confederation on the linking of their
greenhouse gas emissions trading systems of 5 November 2020 on amending

International Trade Compliance Update | July 2021 49

 Baker McKenzie

OJ Date Subject
Annexes I and II to the Agreement and the adoption of Linking Technical Stand-
ards (LTS) (2021/1034)
Commission Implementing Decision (EU) 2021/1035 of 23 June 2021 amending
Implementing Decisions 2013/648/EU and 2013/650/EU as regards the authori-
sation holder and its representative in the Union for the placing on the market of
products containing, consisting of, or produced from certain genetically modified
maize (notified under document C(2021) 4317)
Decision of the EEA Joint Committee No 130/2021 of 15 March 2021 amending
Protocol 10 to the EEA Agreement, on simplification of inspections and formali-
ties in respect of carriage of goods [2021/1039]
Notice on the application of the trade defence legislation and measures of the
European Union in Northern Ireland from 1 January 2021 [2021/C 248/03]
Summary of European Union decisions on marketing authorisations in respect
of medicinal products from 1 May 2021 to 31 May 2021(Published pursuant to
Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parlia-
ment and of the Council) [2021/C 249/01]

Restrictive measures established, amended, corrected

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

OJ Date Restrictive Measure

Council Regulation (EU) 2021/907 of 4 June 2021 amending Regulation (EC)

No 765/2006 concerning restrictive measures in respect of Belarus
04-06-21 Council Decision (CFSP) 2021/908 of 4 June 2021 amending Deci-
sion 2012/642/CFSP concerning restrictive measures in view of the situation in
Belarus
Council Regulation (EU) 2021/996 of 21 June 2021 amending Regulation (EC)
No 765/2006 concerning restrictive measures in respect of Belarus
Council Implementing Regulation (EU) 2021/997 of 21 June 2021 implementing
Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in
respect of Belarus
Council Implementing Regulation (EU) 2021/998 of 21 June 2021 implementing
Regulation (EU) No 401/2013 concerning restrictive measures in view of the situ-
ation in Myanmar/Burma
Council Implementing Regulation (EU) 2021/999 of 21 June 2021 implementing
Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in
21-06-21
respect of Belarus
Council Decision (CFSP) 2021/1000 of 21 June 2021 amending Deci-
sion 2013/184/CFSP concerning restrictive measures in view of the situation in
Myanmar/Burma
Council Decision (CFSP) 2021/1001 of 21 June 2021 amending Deci-
sion 2012/642/CFSP concerning restrictive measures in view of the situation in
Belarus
Council Implementing Decision (CFSP) 2021/1002 of 21 June 2021 implement-
ing Decision 2012/642/CFSP concerning restrictive measures in view of the situ-
ation in Belarus
Council Regulation (EU) 2021/1005 of 21 June 2021 amending Regulation (EU)
2016/44 concerning restrictive measures in view of the situation in Libya
Council Decision (CFSP) 2021/1010 of 21 June 2021 amending Decision
2014/386/CFSP concerning restrictive measures in response to the illegal an-
nexation of Crimea and Sevastopol
Council Decision (CFSP) 2021/1014 of 21 June 2021 amending Decision
22-06-21
(CFSP) 2015/1333 concerning restrictive measures in view of the situation in
Libya
Commission Implementing Regulation (EU) 2021/1016 of 21 June 2021 amend-
ing for the 321st time Council Regulation (EC) No 881/2002 imposing certain
specific restrictive measures directed against certain persons and entities asso-
ciated w ith the ISIL (Da'esh) and Al-Qaeda organisations

International Trade Compliance Update | July 2021 50

 Baker McKenzie

OJ Date Restrictive Measure

Council Decision (CFSP) 2021/1025 of 21 June 2021 amending Decision
(CFSP) 2017/809 in support of the implementation of United Nations Security
Council Resolution 1540 (2004) on the non-proliferation of w eapons of mass de-
struction and their means of delivery
24-06-21 Council Regulation (EU) 2021/1030 of 24 June 2021 amending Regulation (EC)
No 765/2006 concerning restrictive measures in respec t of Belarus
Council Decision (CFSP) 2021/1031 of 24 June 2021 amending Council Deci-
sion 2012/642/CFSP concerning restrictive measures in view of the situation in
Belarus

Antidumping and countervailing duty cases

See separate Antidumping Countervailing Duty and Safeguards Investiga-
tions, Orders & Reviews section below.
INDIVIDUAL COUNTRIES
EFTA COUNTRIES
Swiss and Russian Customs Services sign MoU
On 9 June 2021, the Swiss Government announced that the Federal Customs
Administration (FCA) and the Federal Customs Service of the Russian Federa-
tion (FCS) signed a memorandum of understanding (MoU) on customs coopera-
tion in Moscow on 9 June 2021.
The main objective of the MoU is to promote technical cooperation and the ex-
change of best practices in various areas. The MoU also provides an opportunity
to optimise processes in the cross-border movement of goods with Russia. It will
be implemented through bilateral meetings and seminars at expert level both in
Switzerland and in Russia.
Swiss take part in Operation PANGEA XIV: campaign against
counterfeit and illegally imported medicinal products
On 8 June 2021, the Swiss Agency for Therapeutic Products issued a press re-
lease announcing the results of Operation PANGEA XIV. The release said in
part:
Authorities worldwide have been checking for criminal online sales of medi-
cines in a coordinated operation: The week from 18 to 25 May saw a coordi-
nated worldwide campaign against the illegal online trade in medicines. For
years, this market has been dominated by erectile stimulants. Some 90% of
the shipments confiscated by the Federal Customs Administration (FCA) and
Swissmedic contained such products. Also seized were a number of other il-
legally imported prescription-only medicines that pose serious health risks.
Switzerland has for many years been participating in the PANGEA interna-
tional week of action, which is coordinated by Interpol. This year, 55 coun-
tries took part actively. The aim of this operation, now conducted for the 14th
time, was once again to combat illegal internet-based sales of medicinal
products. In total, the international authorities scrutinised almost 120,000
websites and closed down 113,000 of them. Worldwide, some 9 million units
of illegal and counterfeit medicinal products were seized.
In Switzerland, Swissmedic, the FCA and Antidoping Switzerland inspected
695 shipments at the Zurich-Mülligen postal sorting office. Half of them (346)
were confiscated, as they contained illegal medicinal or doping products.
Consignments from Ukraine, which often contained forgeries of the erectile

International Trade Compliance Update | July 2021 51

 Baker McKenzie

stimulants Viagra and Cialis loomed large among them. Confiscated narcot-
ics were reported to the cantonal authorities so that they could institute crimi-
nal proceedings.
Import-export related measures
The following import, export or antibribery measures were published in the on-
line editions of the official gazettes of the countries shown during the period cov-
ered by this Update. [This is a partial listing, unofficial translations.] *The date
shown may be the signature date, release date or publication date, depending on
local practice.

Date* Measure

ICELAND
№ 41/2021 – (28-05-21) Law on amendments to the Aviation Act, no. 60/1998,
w ith subsequent amendments (obligations of carriers due to COVID-19)
№ 641/2021 (17-05-21) Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards the energy
labeling of electronic screens and repealing the delegated Commission Regula-
tion (EU) no. 1062/2010.
№ 642/2021 (17-05-21) Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards the energy
labeling of household w ashing machines and w ashing machines w ith household
dryers and repealing the delegated Commission Regulation (EU) no. 1061/2010
and Commission Directive 96/60 / EC
№ 643/2021 (17-05-21) Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards energy la-
01-06-21
beling of light sources and repealing Commission Delegated Regulation (EU)
No. 874/2012
№ 644/2021 (17-05-21)Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards energy la-
beling of refrigeration appliances and repealing the delegated Commission Reg-
ulation (EU) no. 1060/2010.
№ 645/2021 (17-05-21) Regulation on amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards energy la-
beling of household dishw ashers and repealing the delegated Commission Reg-
ulation (EU) no. 1059/2010
№ 646/2021 (17-05-21) Regulation von amendments to Regulation (EU)
2017/1369 of the European Parliament and of the Council as regards energy la-
beling of refrigeration appliances used in direct sales.
№ 650/2021– (01-06-21) Regulation on the obligation of air carriers to inspect
02-06-21
COVID-19 certificates in international flights.
№ 51/2021 (21-05-21) Law on the Schengen Information System in Iceland
06-06-21 № 677/2021 (25-05-21) Regulation on the treatment of plant protection prod-
ucts and pesticides
№ 689/2021 (26-05-21) Regulation on (1st) amendment to Regulation no.
167/2014 on the entry into force of Commission Regulation (EU) no. 284/2011
on special conditions and detailed procedures for the importation of kitchen
11-06-21 utensils made of polyamide and melamine plastics originating in or dispatched
from the People's Republic of China and Hong Kong
№ 692/2021 (11-06-21) Regulation on quarantine and isolation and sampling at
the Icelandic border due to COVID-19
№ 747/2021 (24-06-21) Regulation on quarantine and isolation and sampling at
25-06-21
the Icelandic border due to COVID‑19.
LIECHTENSTEIN
LGBI № 2021.195 Exchange of notes betw een the Principality of Liechtenstein
and the European Union regarding the adoption of the implementing decisions
24-06-21
of the Commission of 19 and 20 May 2021 in connection w ith ETIAS (further de-
velopment of the Schengen acquis) (LR № 0.362.380.127)
NORWAY

International Trade Compliance Update | July 2021 52

 Baker McKenzie

Date* Measure

Regulations amending the regulations on quota obligations and trade in quotas

for greenhouse gas emissions (the climate quota regulations)
FOR-2021-05-28-1713 Ministry of Climate and Environment
Regulations amending the Regulations on measures against money laundering
01-06-21
and terrorist financing (the Money Laundering Regulations) and the Regulations
on payment service systems (implementation of Directive (EU) 2018/843 (Fifth
Money Laundering Directive) and certain other amendments) FOR-2021-05-31-
1715 Ministry of Finance
Delegation of the King's authority pursuant to Temporary Act of 19 June 2020
no. 83 on entry restrictions for foreigners for reasons of public health § 2 fourth
11-06-21
paragraph second sentence to the Department of Justice and Emergency Pre-
paredness. FOR-2021-06-11-1858 Ministry of Health and Care Services
Regulations amending regulations on entry restrictions for foreigners for reasons
12-06-21 of public health FOR-2021-06-12-1895 Ministry of Justice and Emergency Pre-
paredness
Regulations amending the regulations on restrictions on the use of chemicals
that are hazardous to health and the environment and other products (the prod-
uct regulations) FOR-2021-06-02-1924 Ministry of Climate and Environment
Regulations on amendments to regulations on requirements for CO2 emissions,
15-06-21
etc. for manufacturers of cars and vans FOR-2021-06-11-1927 Ministry of
Transport
Regulations amending regulations to the Customs and Goods Movement Act
(the Customs Regulations) FOR-2021-06-15-1932 Ministry of Finance
Regulations amending the Regulations to the Customs and Trade Act (the Cus-
16-06-21
toms Regulations) FOR-2021-06-14-1938 Ministry of Finance
Regulations amending the regulations on customs and the movement of goods
(the customs regulations) FOR-2021-06-10-1948 Ministry of Finance
Regulations amending temporary regulations on exemptions from the provisions
17-06-21
of the Ecology Regulations on control of the production of organic products due
to the corona outbreak (covid-19), Regulation (EU) 2020/977
FOR-2021-06-15-1950 Ministry of Agriculture and Food
Regulations repealing regulations on transitional rules on registration by a repre-
sentative in the VAT register on the United Kingdom's w ithdraw al from the Euro-
pean Union FOR-2021-06-18-1969 Ministry of Finance
Shared entry into force of Act no. 67 of 12 June 2020 on amendments to the
Trademarks Act and the Customs Act, etc. (implementation of a new trademark
18-06-21
directive, etc.) w ith transitional provisions FOR-2021-06-18-1975 Ministry of
Justice and Emergency Preparedness
Regulations amending regulations on entry restrictions for foreigners for reasons
of public health FOR-2021-06-18-2001 Ministry of Justice and Emergency Pre-
paredness
Regulations repealing regulations 22 June 2012 no. 573 on the export credit
scheme and amendments to the Public Administration Regulations and the Pub-
lic Regulations FOR-2021-06-18-2010 Ministry of Trade and Industry
21-06-21
Regulations on amendments to regulations on foreigners' access to the realm
and their stay here (Immigration Regulations) FOR-2021-06-18-2022 Ministry of
Justice and Emergency Preparedness
Decision on amendment of the Storting's decision on customs
22-06-21
FOR-2021-06-18-2051 Ministry of Finance
Shared entry into force of Act no. 5 of 10 February 2017 on amendments to the
Tobacco Damage Act (implementation of Directive 2014/40 / EU and standard-
ized tobacco packaging) FOR-2021-06-23-2065 Ministry of Health and Care
23-06-21 Services
Regulations repealing Regulations of 13 October 1989 No. 1044 on the prohibi-
tion of new tobacco and nicotine products FOR-2021-06-23-2069 Ministry of
Health and Care Services
Regulations on amendments to regulations on foreigners' access to the realm
24-06-21 and their stay here (Immigration Regulations)
FOR-2021-06-22-2123 Ministry of Justice and Emergency Preparedness
25-06-21 Regulations on approval schemes for new tobacco and nicotine products

International Trade Compliance Update | July 2021 53

 Baker McKenzie

Date* Measure
FOR-2021-06-17-2131 Ministry of Health and Care Services
Regulations on changes in regulations on import, export, possession, etc. of en-
dangered species of w ild fauna and flora (CITES Regulation) - Appendix 1 - list
of species FOR-2021-06-23-2135 Ministry of Climate and Environment
SWITZERLAND
Ordinance of 26 May 2021 on the exclusion of the liability of debtors of customs
debt in connection w ith the coronavirus (RS 631.031)
Ordinance on measures to combat the coronavirus (COVID-19) in the field of in-
01-06-21 ternational passenger transport (Ordinance COVID-19 measures in the field of
international passenger transport) (RS 818.101.27
Ordinance on the release of phytosanitary products (Ordinance on phytosanitary
products, OPPh) (RS 916.161)
Ordinance of the DFI regulating import, transit and export trade in animals and
02-06-21
animal products w ith third countries (OITE- PT-DFI) (RS 916.443.10)
Customs Convention of 14 November 1975 on the international transport of
goods under cover of TIR carnets (TIR Convention) (RS 0.631.252.512)
07-06-21
Ordinance on energy efficiency requirements of mass -produced plants, vehicles
and devices (Ordinance on energy efficiency requirements, OEEE) (RS 730.02)
Decision No 2/2018 of the EFTA-Serbia Joint Committee amending Annex IV of
09-06-21 the Free Trade Agreement betw een the EFTA States and the Republic of Serbia
on Trade Facilitation (RS 0.632.316.821)
Ordinance on measures to combat the coronavirus (COVID-19) in the field of in-
16-06-21 ternational passenger transport (Ordinance COVID-19 measures in the field of
international passenger transport) (RS 818.101.27)
OFAG ordinance concerning the lists of countries according to the agricultural
21-06-21
ordinance on the declaration (Lists of OAgrD countries) (RS 916.511)
Ordinance of the FDF on goods benefiting from customs relief according to their
use (Ordinance on customs relief, OADou) (RS 631.012)
22-06-21 Ordinance of 23 June 2021 on measures to combat the coronavirus (COVID-19)
in the field of international passenger transport (COVID-19 Ordinance on
measures in the field of international passenger transport) (RS 818.101.27)
Ordinance on the importation of agricultural products (Ordinance on agricultural
23-06-21
imports, OIAgr) (RS 916.01)
Ordinance on the importation of agricultural products (Ordinance on agricultural
24-06-21
imports,) (RS 916.01)

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, unoffi-
cial translations.] *The date shown may be the signature date, release date or
publication date, depending on local practice.

Date* Restrictive Measure

ICELAND
№ 638/2021 (17-05-21) Regulation amending the Guinea-Bissau Enforcement
01-06-21
Regulation, No. 567/2014
№ 651/2021 (17-05-21) Regulation repealing the Regulation on coercive
measures concerning Egypt, No. 908/2015
№ 652/2021 (17-05-21) Regulation amending the Regulation on coercive
measures concerning Somalia, no. 792/2015, together w ith subsequent amend-
02-06-21
ments
№ 653/2021 (17-05-21) Regulation amending the Regulation on coercive
measures against Zimbabw e, no. 744/2015, together w ith subsequent amend-
ments
LIECHTENSTEIN

International Trade Compliance Update | July 2021 54

 Baker McKenzie

Date* Restrictive Measure

LGBI № 2021.188 Ordinance of 8 June 2021 amending the ordinance on

11-06-21
measures against Syria (LR № 946.223.8)
SWITZERLAND
Modification to the Ordinance on measures against Syria (RS 946.231.172.7)
10-06-21
[Entry into force 11-06-21 at 18 hrs]
Modification to the Ordinance of October 2, 2000 instituting measures against
18-06-21 persons and entities linked to Osama bin Laden, to the “Al-Qaida” group or to
the Taliban (RS 946.203) [Entry into force 17-06-2021]

Non EU-EFTA European Countries

UNITED KINGDOM
UK and US reach an understanding to resolve a long-standing
trade irritant relating to large civil aircraft
On 17 June 2021, the US and UK reached an understanding to resolve a long-
standing trade irritant relating to large civil aircraft. See United States section
above and UK release here, which is identical to the US release. This follows the
US-EU understanding announced on 15 June..
UK agrees to an FTA with Australia
On 15 June 2021, the UK Government announced that the UK has secured a
trade deal with Australia eliminating tariffs on all UK goods and boosting jobs and
businesses across the country, in the first major trade deal negotiated from
scratch by the Government since the UK left the EU.
The announcement said that the main elements of the deal were agreed by
Prime Minister Boris Johnson and Australian Prime Minister Scott Morrison at a
meeting in Downing Street on 14 June. A final Agreement in Principle will be pub-
lished in the coming days.
Parliament will have the opportunity to scrutinise the agreement in detail once the
text is published, along with an impact assessment and explanatory memoran-
dum.
The leaders reaffirmed the enduring partnership between the UK and Australia
during their discussion and agreed to work closely together on defence, technol-
ogy collaboration and tackling climate change – including through a future Clean
Tech Partnership.
The announcement also said:
The new Free Trade Agreement means iconic British products like cars, Scotch
w hisky, biscuits and ceramics w ill be cheaper to sell into Australia, boosting UK in-
dustries that employ 3.5 million people across the country. The UK-Australia trade re-
lationship w as w orth £13.9 billion last year and is set to grow under the deal, creating
opportunities for businesses and producers in every part of the UK.
British farmers w ill be protected by a cap on tariff -free imports for 15 years, using tariff
rate quotas and other safeguards. We are also supporting agricultural producers to
increase their exports overseas, including to new markets in the Indo-Pacific.
Under the agreement, Brits under the age of 35 w ill be able to travel and w ork in Aus-
tralia more freely, opening exciting opportunities for young people.

An FTA with Australia is also a gateway into the fast-growing Indo-Pacific region
and will boost the UK’s bid to join CPTPP, one of the largest free trade areas in
the world, covering £9 trillion of GDP and 11 Pacific nations from Australia to
Mexico.

International Trade Compliance Update | July 2021 55

 Baker McKenzie

 UK-Australia free trade agreement: benefits for the UK

 UK-Australia free trade agreement negotiations: agreement in principle

UK secures new deal with Norway, Iceland and Liechtenstein

On 4 June 2021, the UK government announced that it has secured a new trade
deal with Norway, Iceland and Liechtenstein that will boost critical British sectors
like digital, slash tariffs on high-quality British food and farm products and sup-
ports jobs in every corner of the UK. The announcement said:
The deal agreed in principle today (4th June) is the first time these three European
countries have included dedicated chapters on digital trade and small businesses in
any trade deal, making it the most advanced they have done to date.
Cutting-edge digital provisions mean w hen British firms export to Norw ay and Iceland,
they w ill be able to benefit from commitments that limit unnecessary paperw ork. Elec-
tronic documents, contracts and signatures w ill allow goods to move seamlessly
across borders, saving businesses time and money.
The agreement significantly cuts tariffs as high as 277% for exporters to Norw ay of
West Country Farmhouse Cheddar, Orkney Scottish Island Cheddar, Traditional
Welsh Caerphilly, and Yorkshire Wensleydale cheese. There are also tariff reductions
and quotas on pork, poultry and other goods. UK w ines and spirits including Scotch
Whisky w ill also now be recognised in Norw ay and Iceland.

Reduced import tariffs on shrimps, praw ns and haddock w ill reduce costs for UK fish
processing, helping support some 18,000 jobs in that industry in Scotland, East York-
shire and Northern Lincolnshire.
***
The agreement means British businesses can bid for more government contracts in
partner countries w orth some £200 million a year.

The deal w ill allow caps on the charges mobile operators are allow ed to charge each
other for international mobile roaming, a w orld-first in an FTA, keeping costs low for
holiday makers and business travellers.
***

CPTPP nations agree to the UK’s bid to begin the accession pro-
cess to the CPTPP
On 2 June 2021, the UK government announced that the CPTPP nations had
agreed to the UK’s bid to begin the accession process to join the Comprehensive
and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP
is a trade agreement between 11 countries (Australia, Brunei, Canada, Chile, Ja-
pan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam), covering
500 million people.
The announcement said the UK will continue to work closely with Japan, as this
year’s chair of the CPTPP commission, alongside the other CPTPP nations to
progress negotiations as quickly as possible as UK accession could cut tariffs in
vital UK industries like food and drink and the automotive sector, as well as creat-
ing new opportunities in areas like digital, data, and across services.
The government will publish its outline approach, scoping assessment and con-
sultation response before negotiations start in the coming weeks.
Legislation (legislation.gov.uk)
Date Measure

SI 2021/645 - The Trade in Endangered Species of Wild Fauna and Flora

01-06-21
(Council Regulation (EC) No 338/97) (Amendment) (No. 2) Regulations 2021

International Trade Compliance Update | July 2021 56

 Baker McKenzie

Date Measure
SSI 2021/230 - The Health Protection (Coronavirus) (International Travel) (Scotland)
04-06-21 Amendment (No. 12) Regulations 2021
SI 2021/670 - The Health Protection (Coronavirus, International Travel and Op-
erator Liability) (England) (Amendment) (No. 2) Regulations 2021
07-06-21 SI 2021/639 - The Proceeds of Crime Act 2002 (Administrative Forfeiture No-
tices) (England and Wales and Northern Ireland) (Amendment) Regulations
2021
SI 2021/675 - The Climate Change Levy (General) (Amendment and Modifica-
tion) Regulations 2021
SI 2021/669 - The Health Protection (Coronavirus, International Travel) (Wales)
08-06-21 (Amendment) (No. 8) Regulations 2021 / Rheoliadau Diogelu Iechyd (Coro-
nafeirw s, Teithio Rhyngw ladol) (Cymru) (Diw ygio) (Rhif 8) 2021
SR 2021/154 - The Health Protection (Coronavirus, International Travel)
(Amendment No. 4) Regulations (Northern Ireland) 2021
SI 2021/661 - The Customs Tariff (Establishment) (EU Exit) (Amendment) (No.
2) Regulations 2021
09-06-21
SI 2021/690 - The Customs Tariff (Establishment) (EU Exit) (Amendment) (No.
2) Regulations 2021 (Appointed Day) Regulations 2021
SSI 2021/237 - The Health Protection (Coronavirus) (International Travel) (Scot-
land) Amendment (No. 13) Regulations 2021
SI 2021/693 - The Customs Tariff (Preferential Trade Arrangements and Tariff
10-06-21 Quotas) (EU Exit) (Amendment) (No. 3) Regulations 2021
SI 2021/695 - The Customs (Declaration Modification) Regulations 2021
SI 2021/697 - The Taxation (Cross-border Trade) (Miscellaneous Amendments)
(EU Exit) Regulations 2021
SI 2021/730 - The Conformity Assessment (Mutual Recognition Agreements)
and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations
21-06-21 2021
SI 2021/731 - The Health Protection (Coronavirus, International Travel and Op-
erator Liability) (England) (Amendment) (No. 3) Regulations 2021
SI 2021/756 - The Common Organisation of the Markets in Agricultural Prod-
24-06-21 ucts (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine)
(Amendment etc.) Regulations 2021
SI 2021/745 - The Ecodesign for Energy-Related Products and Energy Infor-
mation Regulations 2021
25-06-21
SSI 2021/254 - The Health Protection (Coronavirus) (International Travel etc.)
(Miscellaneous Amendments) (Scotland) (No. 3) Regulations 2021

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

Release
Ref. No. and Subject
Date

Tariff, Anti-Dum ping and Other Notices

Reference Document for The Customs Tariff (Establishment) (EU Exit) Regula-
04-06-21
tions 2020
07-06-21 Changes to CHIEF commodity codes (Tariff stop press notice 17)
Reference Document for The Customs Tariff (Establishment) (EU Exit) Regula-
09-06-21
tions 2020
Reference Documents for The Customs (Tariff Quotas) (EU Exit) Regulations
2020
Notices made under The Customs (Transitional Arrangements) (EU Exit) Regula-
10-06-21 tions 2020
Notices made under the Customs (Import Duty) (EU Exit) Regulations 2018
The Taxation Cross-border Trade (Miscellaneous Amendments) (EU Exit) Regu-
lations 2021

International Trade Compliance Update | July 2021 57

 Baker McKenzie

Release
Ref. No. and Subject
Date

Reference Documents for The Customs Tariff (Preferential Trade Arrangements

11-06-21
and Tariff Quotas) (EU Exit) (Amendment) (No 3) Regulations 2020
Decision on the Amendment of the Import Regime Decision (Decision Number:
13-06-21
4087)
17-06-21 Automatic Licence Verification System (ALVS) across HM Government

ECJU Notices to Exporters and DIT documents

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

Date Notice No. and Subct

07-06-21 Notice to Exporters 2021/04: open general licences amended
Notice to Exporters 2021/05: Export Control Order 2008 amendment
08-06-21
Notice to Exporters 2021/06: F680 express applications
11-06-21 Notice to Exporters 2021/07: Licences for strategically controlled items

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

Date Subject

Communiqué Amending the Customs General Communiqué (Customs Trans-

actions) (Serial No: 104) (Customs Transactions) (Serial No: 170)
01-06-21
Communiqué Amending the Communiqué on Registrant Goods for Export
(Communiqué No: Export 2006/7) (Exports 2021/4)
Decision on the Approval of the Instrument for the Amendment of the Protocol
on Agriculture betw een Turkey and Iceland and the Instrument for the Amend-
ment of the Protocol of 10 December 1991 on Trade in Agricultural Products
02-06-21 Betw een Turkey and Norw ay (Decision Number: 4037)
Communiqué Amending Customs General Communiqué (Temporary Import)
Serial No: 4 (Temporary Import) (Serial No: 7)
Communiqué on the Prevention of Unfair Competition in Imports (No: 2021/28)
7321 Law Concerning the Approval of the Agreement on Trade and Economic
Cooperation betw een the Government of the Republic of Turkey and the Gov-
ernment of the Republic of Mozambique
03-06-21 7323 Law on Approval of the Agreement on Cooperation and Mutual Assis-
tance in Customs Matters betw een the Ministry of Customs and Trade of the
Republic of Turkey and the Ministry of Finance of the Socialist Republic of Vi-
etnam
Communiqué Amending the Communiqué on Registrant Goods for Export
04-06-21
(Communiqué No: Export 2006/7) (Export 2021/5)
Decision Concerning the Freezing of Assets in Turkey in the Disposition of Cer-
tain Organizations and Persons in accordance w ith the United Nations Security
05-06-21 Council Resolution No. 1373 (2001) (Decision Number: 4082)
Regulation on the Regulation and Implementation of Sugar Quotas (Decision
Number: 4080)
Scope of Bilateral Cumulation of Origin System Regulation Amending the Reg-
ulation on Determination of the Preferential Origin of Goods in Trade
11-06-21 Scope of the Regional Convention on Pan-European Mediterranean Preferen-
tial Rules of Origin Regulation Amending the Regulation on Determination of
the Preferential Origin of Goods in Trade
16-06-21 Communiqué on the Prevention of Unfair Competition in Imports (No: 2021/30)
Annex of the Council of Ministers Decision dated 30/9/2013 and numbered
19-06-21 2013/5428 on the Freezing of Assets in the possession of Persons, Organiza-
tions or Organizations Listed by the Resolutions 1267 (1999), 1988 (2011) and

International Trade Compliance Update | July 2021 58

 Baker McKenzie

Date Subject
1989 (2011) of the United Nations Security Council (1 ) Decision on Amending
the List No. (Number of Decisions: 4088)
Regulation Amending the Regulation on Facilitating Customs Procedures
Regulation Amending the Customs Regulation
Regulation Amending the Regulation on Duty Free Shops
Regulation Amending the Regulation on the Establishment and Duties of Turk-
ish Exporters Assembly and Exporters' Associations
Communiqué on the Prevention of Unfair Competition in Imports (No: 2021/31)
Communiqué Amending Customs General Communiqué (Collection Proce-
dures) (Serial No: 2) (Collection Procedures) (Serial No: 3)
Communiqué Amending Customs General Communiqué (Truck Transactions)
(Serial No: 1) (Truck Transactions) (Serial No: 8)
Communiqué Amending the Customs General Communiqué (Transit Regime)
(Serial No: 4) (Transit Regime) (Serial No: 10)
Communiqué Amending the Customs General Communiqué (Transit Regime)
(Serial No: 3) (Transit Transactions) (Serial No: 11)
Communiqué Amending the Customs General Communiqué (Transit Regime)
(Serial No: 5) (Transit Regime) (Serial No: 11)
Communiqué Amending the Customs General Communiqué (Transit Regime)
(Serial No: 6) (Transit Regime) (Serial No: 12)
Communiqué Amending the Customs General Communiqué (Sequence No: 1)
on the Status of Approved Person (Sequence No: 6)
Communiqué on Restructuring of Customs Claims w ithin the Scope of Law No.
21-06-21
7326
Decision on the Amendment of the Import Regime Decision (Number of Deci-
sion: 4106)
Decision on Amending the Import Regime Decision (Decision Number: 4107)
Decision on Amending the Decisions on the Implementation of Tariff Quotas in
the Imports of Certain Agricultural and Processed Agricultural Products w ithin
the Framew ork of Bilateral Agreements (Decision Number: 4108)
22-06-21
Communiqué Amending the Communiqué on the Implementation of Tariff Quo-
tas in the Imports of Certain Agricultural Products Originating from the Euro-
pean Union
Communiqué Amending the Communiqué on the Implementation of Tariff Quo-
tas for Some Agricultural and Processed Agricultural Products of Georgia
Origin
24-06-21 Customs General Communiqué (Tariff -Classification Decisions) (Serial No: 35)

UKRAINE
Ukraine introduces VAT on digital services
In brief
On 3 June 2021, the Parliament of Ukraine adopted the Law of Ukraine “On
Amendments to the Tax Code of Ukraine on Repealing Taxation of Income Re-
ceived by Non-Residents in the Form of Payment for Production and/or Distribu-
tion of Advertising and Improvement of the Procedure for Value Added Taxation
of Supply of Electronic Services to Individuals by Non-Residents” (“Law”).
Key takeaways
The Law introduces 20% VAT on electronically supplied services (“ESS”) pro-
vided by nonresidents to Ukrainian customers.
By its terms, the Law is expected to apply from 1 January 2022.
In more detail
1. SCOPE

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 Baker McKenzie

The ESS VAT regime covers supplies of digital services to customers under the
B2C model as well as — in the narrowly defined cases — under the B2B model.
In this context, for B2B purposes, 20% VAT would apply to ESS supplied to “pri-
vate entrepreneurs” (PEs) who are not registered as VAT payers. By the term of
Ukrainian law, PEs are private individuals who register as a business for tax pur-
poses.
ESS are defined as “services that are provided [1] via the Internet network, [2] in
an automated manner, [3] by means of information technologies, and [4] predom-
inantly without interference of humans.”
The Law provides for a non-exhaustive list of ESS, including, among others:
 supply of digital copies, access to images, text and information, including sub-
scription to online new spapers and journals, and e-books

 supply of digital copies and/or access to audiovisual w orks, video and audio on
demand, games, including the provision of services involving participation in such
games, access to television programs, unless they are broadcast simultaneous
to being transmitted over a television netw ork
 provision of access to informational, commercial and entertaining electronic re-
sources, other similar resources
 distance teaching via the internet, the supply of w hich requires no human inter-
vention, including virtual classrooms
 cloud services in terms of computing resources, data w arehousing resources and
electronic communications systems
 supply of softw are and updates, including digital copies, as w ell as remote servic-
ing of softw are and electronic equipment

 provision of advertising services via the internet netw ork, in mobile applications
and via other electronic resources, the provision of advertising space including
banner ads on a w ebsite/w eb page/w eb portal

The Law expressly excludes from the list of ESS:

 supply of services ordered via the internet but delivered offline (w ithout the use of
the internet)
 supply of copies of w orks in the field of science, literature and art on physical
storage media
 supply of consulting services via email
 rendering of internet access services

2. CUSTOMER STATUS AND LOCATION

The Law presumes that a service is provided to a private individual, unless a cus-
tomer agreement states that such a recipient of a digital service is a business.
ESS are deemed to be supplied at the customer's location. The Law provides a
non-exhaustive list of customer location proxies:
 “main” ones in case of supply through:
 a fixed landline — the customer is presumed to be located in the country
w here their fixed landline is located (location of the telecommunications pro-
vider w hose services w ere used in the process of receiving digital services)

 mobile netw orks — the customer is presumed to be located in the country

identified by the mobile country code of the SIM card used to receive the ser-
vices
 other means — the customer can be presumed to be located w here the de-
vice is situated or w here the access card is sent to for use there, including
the IP address of the device used by the customer

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 Baker McKenzie

 “additional” ones that should be applied simultaneously w ith the main ones :
 the billing address of the customer
 bank details, such as the location of the bank account used for paying for
digital services
 other commercially relevant information

3. REGISTRATION
The nonresident must register for VAT in Ukraine by 31 March of the reporting
year if the overall sales of digital services exceed UAH 1 million (approximately
USD 37,143) for the preceding calendar year.
The registration application may be filed online in English. No state-issued elec-
tronic signatures would be required.
4. REPORTING AND PAYMENT
The VAT returns should be filed online on a quarterly basis, i.e., within 40 calen-
dar days following the reporting quarter, in Ukrainian or English.
VAT liability should be (i) assessed with respect to the price of the digital services
at 20% and (ii) payable (a) in euro or US dollars (b) within 30 calendar days fol-
lowing the statutory deadline for submission of the VAT return and (c) to a bank
account of the State Treasury Service of Ukraine.
The taxpayers are not required to open local bank accounts, for VAT liabilities
may be discharged from their foreign bank accounts.
The taxpayers are not required to issue VAT invoices and/or to appoint a local
fiscal representative.
5. TIMING
The ESS VAT regime is expected to apply from 1 January 2022.
Authors: Hennadiy Voytsitskyi and Roman Koren.
Legislation (laws, resolutions, orders, etc.)
The following Ukrainian Laws (Закон України), Resolutions (Постанова), Presi-
dential Decrees (Указ Президента), Decrees of the Cabinet of Ministers
(Розпорядження Кабінету Міністрів України), Regulations (Положення),
Agency Orders (Наказ) and other pieces of legislation were posted on the Parlia-
mentary (Верховної Ради) website during the period of coverage of this Update:

Date Subject
Investigation into the import of ceramic tiles to Ukraine, regardless of country of
origin and export Commission Decision of 24.05.2021 № SP-494/2021 / 4411-
03
01-06-21 On Amendments to Section XXI "Final and Transitional Provisions" of the Cus-
toms Code of Ukraine to Continue Granting Ukrainian Airlines a Transitional
Period for the Use of Domestic Aircraft
The Verkhovna Rada of Ukraine ; Law of 01.06.2021 № 1492-IX
On Amendments to the Licensing Conditions for Business Activities for the Pro-
duction and Repair of Non-Military Firearms and Ammunition, Cold Weapons,
Pneumatic Weapons Over 4.5 Miles and Bullet Velocities Over 100 Meters per
Second, Trade in Non-Military Firearms and Ammunition to it, cold steel, air
02-06-21
guns of caliber over 4.5 millimeters and bullet speed of over 100 meters per
second; of production of special means charged w ith substances of lacrimation
and irritating action, individual protection, active defense and their sale
Resolution of the Cabinet of Ministers of Ukraine dated 02.06.2021 № 571

International Trade Compliance Update | July 2021 61

 Baker McKenzie

Date Subject
On Amendments to the Tax Code of Ukraine on Repealing Taxation of Income
Received by Non-Residents in the Form of Payment for Production and/or Dis-
03-06-21
tribution of Advertising and Improvement of the Procedure for Value Added
Taxation of Supply of Electronic Services to Individuals by Non-Residents
On the delegation of Ukraine to participate in negotiations w ith the European
Union on the acceleration and expansion of the abolition of import duties in
trade under the Association Agreement betw een Ukraine, of the one part, and
11-06-21
the European Union, the European Atomic Energy Community and their Mem-
ber States, of the other part
Order of the President of Ukraine dated 11.06.2021 № 501/2021-rp

EURASIAN ECONOMIC UNION (EAEU)

Decisions and recommendations of the Eurasian Economic Com-
mission
The following Eurasian Economic Commission (EEC) decisions and recommen-
dations have been posted in the documents section of the Eurasian Economic
Commission documentation page. In general, only Решения, Распоряжение
and Recommendations having a direct effect on international traders are listed.

Publication
Title
Date

Council (Совет) of the Eurasian Econom ic Com m ission Решение

№ 50 (18-05-21) On the establishment of the rates of import customs duties of
the Unified Customs Tariff of the Eurasian Economic Union for knitted and cro-
cheted fabrics
№ 51 (18-05-21) On the conclusion on confirmation of the fulfillment by the
state - a member of the Eurasian Economic Union of the provisions of the
Agreement on the specifics of carrying out operations w ith precious metals and
precious stones w ithin the framew ork of the Eurasian Economic Union dated
November 22, 2019
№ 52 (18-05-21) On amending the list of goods in respect of w hich the Repub-
lic of Kazakhstan, in accordance w ith the obligations assumed as a condition of
accession to the World Trade Organization, applies the rates of import customs
duties that are low er than the rates of the Unified Customs Tariff of the Eura-
07-06-21
sian Economic Union, and the amount of such duty rates for certain types of
light emitting diode (LED) lamps
No. 53 (18-05-21) On some issues of the implementation of the Agreement on
Trademarks, Service Marks and Appellations of Origin of Goods of the Eura-
sian Economic Union dated February 3, 2020
No. 54 (18-05-21) On amendments to some decisions of the Council of the Eur-
asian Economic Commission
No. 55 (18-05-21) On Amending Appendix No. 1 to the Rules for Determining
the Country of Origin of Certain Types of Goods for the Purposes of State (Mu-
nicipal) Purchases
No. 56 (18-05-21) On the establishment of the rates of import customs duties of
the Unified Customs Tariff of the Eurasian Economic Union in relation to silicon
No. 57 (23-04-21) On the plan for the development of technical regulations of
08-06-21
the Eurasian Economic Union and amendments to them
№ 58 (18-06-21) On the head of the w orking group for ensuring the functioning
of the single market for services w ithin the Eurasian Economic Union and the
head of the w orking groups for sectors (subsectors) of services, for w hich the
formation of a single market for services w ithin the Eurasian Economic Union
25-06-21
w ill be carried out in accordance w ith the liberalization plans (during the transi-
tion period)
№ 60 (18-06-21) On amendments to the passport of the project "Eurasian net-
w ork of industrial cooperation, subcontracting and technology transfer"
Board (Коллегии) of the Eurasian Econom ic Com m ission Решения

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 Baker McKenzie

Publication
Title
Date

№ 58 (25-05-21) On the Program for the development (amendment, revision) of

interstate standards, as a result of w hich, on a voluntary basis, compliance w ith
the requirements of the technical regulations of the Customs Union “On the
safety of devices operating on gaseous fuel” (TP CU 016/2011) and interstate
standards containing rules and methods of research (testing) and measure-
ments, including sampling rules necessary for the application and implementa-
tion of the requirements of the technical regulations of the Customs Union “On
01-06-21 the safety of devices operating on gaseous fuel” (TP TS 016/2011) and the im-
plementation of conformity assessment of technical objects regulation
№ 59 (25-05-21) On amendments to the Unified Commodity Nomenclature of
Foreign Economic Activity of the Eurasian Economic Union and the Unified
Customs Tariff of the Eurasian Economic Union, as w ell as to some decisions
of the Supreme Eurasian Economic Council and the Board of the Eurasian Eco-
nomic Commission in relation to certain goods used for the production of solar
panels
№ 60 (01-06-21) On amendments to the Decision of the Board of the Eurasian
Economic Commission dated December 5, 2017 No. 164
№ 61 (01-06-21) On the classification of a set-top box in accordance w ith the
02-06-21 unified Commodity nomenclature of foreign economic activity of the Eurasian
Economic Union
№ 62 (01-06-21) On amendments to the Decision of the Customs Union Com-
mission dated September 20, 2010 No. 378
№ 63 (08-06-21) On the application of the customs procedure for customs
transit in relation to goods of the Eurasian Economic Union of commodity items
2402 and 2208 of the EAEU nomenclature of goods subject to foreign trade,
placed under the customs procedure for export
№ 64 (08-06-21) On amendments to the Program for the development (amend-
ment, revision) of interstate standards, as a result of w hich, on a voluntary ba-
sis, compliance w ith the requirements of the technical regulations of the Cus-
10-06-21
toms Union “On the safety of milk and dairy products” (TR CU 033/2013), as
w ell as interstate standards is ensured containing the rules and methods of re-
search (testing) and measurements, including the rules for sampling necessary
for the application and fulfillment of the requirements of the technical regula-
tions of the Customs Union “On the safety of milk and dairy products” (TR CU
033/2013) and the implementation of conformity assessment of objects of tech-
nical regulation
№ 65 (15-06-21) On technological documents regulating information interaction
during the implementation by means of the integrated information system of the
Eurasian Economic Union of the general process “Ensuring the exchange of
documents and (or) information betw een the Eurasian Economic Commission
and the authorized bodies of the member states of the Eurasian Economic Un-
ion in monitoring compliance w ith the general rules of competition in cross-bor-
der markets and competition (antimonopoly) legislation, as w ell as the introduc-
18-06-21
tion of state price regulation and challenging decisions of the member states of
the Eurasian Economic Union on its introduction “(regarding the exchange of
documents and (or) information w hen introducing state price regulation and
challenging decisions on its introduction)
№ 66 (15-06-21) On amendments to the Decision of the Board of the Eurasian
Economic Commission dated April 21, 2015 No. 30 and on the introduction of
temporary quantitative export restrictions on buckw heat
№ 67 (21-06-21) On the Program for the development (amendment, revision) of
interstate standards, as a result of w hich, on a voluntary basis, compliance w ith
the requirements of the technical regulation of the Customs Union "On food
safety" (TR CU 021/2011), and interstate standards containing rules and re-
24-06-21 search methods is ensured (tests) and measurements, including the sampling
rules necessary for the application and fulfillment of the requirements of the
technical regulations of the Customs Union "On food safety" (TR CU 021/2011)
and the implementation of conformity assessment of objects of technical regu-
lation

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 Baker McKenzie

Classification decisions adopted by the Commission and prelimi-

nary decisions adopted by the States-Members
The Commission has posted a table which provides a collection of classification
decisions under the common tariff adopted by the Commission. A separate web-
site exists for preliminary decisions on the classification of goods adopted by the
customs authorities of states - members of the Eurasian Economic Union. It was
last updated 23 June 2021. The table lists the tariff codes, a description, rationale
(GRIs) for the decision.

AFRICA (EXCEPT NORTH AFRICA)

SOUTH AFRICA
South African Customs and Excise Act Amendments of Rules and
Tariff Schedules
Publication Implemen-
Date Subject
Details tation Date
Amendment to rules under sections 38 and 120 –
South African Customs Union (SACU) Unique
11-06-21 GG. 44700
Consignment Reference (UCR) Number 11-06-21
R. 503
(DAR214)
 Notice R.503
Amendment of rules under sections 49 and 120 –
Interim administrative arrangement for SACUM-
11-06-21 GG. 44700 UK EPA tariff rate quotas to be carried out by
R. 502 SARS on a first-come first-served basis (DAR215)
 Notice R.502
With effect
from 01-08-
21, except
Amendment to rules under sections 21, 60, 119A for rule
and 120 – Insertion of Rule 21.05 relating to Spe- 21.05.12
GG. 44705 cial Shops for Diplomats (DAR216) and Form
R. 525  Notice R.525 DA 185.
 DA 185.4B4 – Licensing Client Type 4B4 4B4 w hich
– Special Shops for Diplomats comes into
effect on
the date of
publication
14-06-21 Amendment to Notices Numbers R.360, 361, 362,
363, 364, 365, 366, and 367 of Government Ga-
GG. 44705 zette No. 44473, in order to change the effective
R. 524 date to 1 August 2021 to the Schedules of the
Customs and Excise Act, 1964
 Notice R.524 With effect
Amendment to Notice No. R.368 of Government from
Gazette No. 44473, in order to change the effec- 01-08-21
tive date to 1 August 2021, the substitution of
GG. 44705
Notes 5 and 7 and header of rebate item 406,05
R. 523
to the Schedules of the Customs and Excise Act,
1964
 Notice R.523
Correction Notice to Government Gazette No.
GG. 44716
16-06-21 44705 Notice No R. 525 (DAR216) 16-01-21
R. 531
 Notice R.531
Amendment to Part 1 of Schedule No. 3, by the
GG. 44426 insertion of rebate item 310.01/2815.12/09.06 in
18-06-21 18-06-21
R. 542 order to create a rebate provision for Sodium Hy-
droxide (Caustic Soda) in aqueous solution for the

International Trade Compliance Update | July 2021 64

 Baker McKenzie

Publication Implemen-
Date Subject
Details tation Date

manufacture of semi-chemical fluting paper –

ITAC Report No. 617
 Notice R.542
Amendment to Notes 5 and 8 to Chapter 98 in
Part 1 of Schedule No. 1, in order to include refer-
GG. 44759 ence of new rebate item 307.04, to implement
R. 554 APDP Phase II – ITAC Minute M10/2020
 Notice R. 554
Amendment to Part 1 of Schedule No. 3, by the
GG. 44759 insertion of new Notes and item 317.04, to provide
R. 552 for APDP Phase II – ITAC Minute 10/2020
 Notice R. 552
Amendment to Part 2 of Schedule No. 4, in order
to include new rebate item 317.04 and to remove
With effect
the reference to “production rebate credit certifi-
from
GG. 44759 cate (PRCC)” and insert production rebate certifi-
01-07-21
R. 553 cate (PRC) as w ell as the insertion of various new
rebate items, to give effect to APDP Phase II –
ITAC Minute M10/2020
 Notice R.553
Amendment to Part 3 of Schedule No. 5, in order
to amend Notes to item 537.00 to include new re-
bate item 317.04 and make provision for produc-
25-06-21 GG. 44759 tion rebate certificate (PRC) as w ell as insertion of
R. 551 new refund items 537.04, to give effect to APDP
Phase II – ITAC Minute M10/2021
 Notice R. 551
Amendment to Part 6 of Schedule No. 5, by the
GG. 44759 substitution of Note 4 ,in order to correct the refer-
R. 548 ence to rebate to read as refund
 Notice R.548
Amendment to Part 6 of Schedule No. 5, by the
GG. 44759 substitution of Note 4 ,in order to correct the refer-
R. 548 ence to rebate to read as refund
 Notice R.548
Amendment to Part 5 of Schedule No. 5, by the 25-06-21
GG. 44759 substitution of Note 5, in order to correct the refer-
R. 549 ence to rebate to read as refund
 Notice R.549
Amendment to Part 1 of Schedule No. 4, by the
substitution of Note 2 to Rebate Item 407.00, in
GG. 44759
order to correct the reference to rebate item
R. 550
407.01/00.00/01.02 to 407.01/00.00/02.00
 Notice R.550
Amendment to rules under sections 59A, 60 and
120 – Electronic submission of applications for
registration and licensing (DAR217)
 Notice
 DA 8 – Application for registration as a
With retro-
person submitting reporting documents –
spective ef-
GG Sea Cargo
02-07-21 fect from
R  DA 185.4A3 – Registration Client Type 25 June
A43 – Rebate user 2021
 DA 185.4B9 – Licensing Client Type 4B9
– Storage w arehouse
 DA 185.4B10 – Licensing Client Type
4B10 – Manufacturing Warehouse (Cus-
toms Controlled Area Enterprise)

International Trade Compliance Update | July 2021 65

 Baker McKenzie

Publication Implemen-
Date Subject
Details tation Date

 DA 185.4B14 – Licensing Client Type

4B14 – Degrouping depot
 DA 185.4B16 – Licensing Client Type
4B16 – Container depot
This am endm ent will be gazetted on 2 July
2021

NEWSLETTERS, REPORTS, ARTICLES, ETC.

Baker & McKenzie Global VAT/GST Newsletter
Baker & McKenzie’s Global Indirect Tax Newsletter provides a quick update into
important developments in the field of VAT/GST across the globe. In order to
maximize the effectiveness of this newsletter to you, most articles are brief and
are designed to flag topics that are likely to affect multi-national businesses. Con-
tacts for the Global Indirect Tax Newsletter are:
 Jochen Meyer-Burrow , Partner, jochen.meyer-burow @bakermckenzie.com
 Martin Moraw ski, Associate, martin.moraw ski@baker mckenzie.com

Publications, Alerts, Newsletters

The following Baker McKenzie publications, client alerts, legal alerts, newsletters
or postings released during the period of coverage of this Update may be of inter-
est to you:

Subject

International Trade, Tax and Anti-corruption

Global International Trade Compliance Update – June 2021 {older issues}

Thailand Client Alert: Duty surcharge rate reduced from 1 June to 30 September 2021
Hong Kong: FSDC releases research paper on “Revitalisation of Hong Kong's REIT Mar-
ket“
EMEA Healthcare and Life Sciences New sletter May 2021
Kyiv Tax Legal Alert: Ukraine introduces VAT on digital services
Venezuela Client Alert: Venezuela: Decree established exemption from the payment of the
Value Added Tax, Customs Duties and Customs Service Tariff for Determination of the
Customs Regime for several goods
Venezuela: Value Added Tax, Custom Duties and Customs Service Tariff for Determination
of the Customs Regime for several goods and economic sectors
Thailand Competition Law Focus Series New sletter #4 (June 2021)- OTCC publishes the
first decision on anti-competitive agreements

WEBINARS, MEETINGS, SEMINARS, ETC.

International Trade Compliance Update | July 2021 66

 Baker McKenzie

Join us for our 18th Annual Global Trade and Supply Chain Webinar Series entitled,
“International Trade & Developm ents in a World Focused on Recovery & Renew al,”
w hich includes the latest international trade developments including updates on Trade Wars,
Trade Agreement negotiations and key customs, export controls and sanctions developments.
In addition to our usual topics of Customs and export controls/sanctions, w e have also covered
Foreign investment review regimes around the w orld. This year’s remaining w ebinars w ill
cover export controls and sanctions, an overview of customs and imports developments in the
Latin America, EU, Middle East and Russia, and managing emerging compliance risks.
Recordings w ill be available approximately tw o w eeks after the presentation. When a
recording is available, it w ill appear on our w ebsite here:
https://w ww.bakermckenzie.com/en/insight/publications/resources/2021-global-trade-supply-
chain-w ebinar-series
This year, w e expanded our program of basic customs w ebinars to cover the areas of export
controls and sanctions. The Basic program is primarily aimed at participants w ho are new to
Global Trade and/or those w ho w ould like a refresher.
Supply Chain: Env ironmental and Human Rights Due
Diligence

Speakers: Aleesha Fowler (New York), Ulrich Ellinghaus

Wednesday, (Frankfurt), Graham Stuart (London), and Francesca
January 27 Richmond (London)

Moderator: Kerry Contini

(Washington, DC)

Trade Focus on China

Tuesday, Speakers: Jon Cowley (Hong Kong), Eunkyung Kim Shin

(Chicago), and Jessica Mutton (London)
February 23
Moderator: Lise Test (Washington, DC)

Trade Dev elopments Under the New Biden

Administration and Brexit

Tuesday, Speakers: Sylwia Lis (Washington, DC), Lise Test/Inessa

Owens (Washington, DC), Eunkyung Kim Shin (Chicago),
March 23
and Christine Streatfeild (Washington, DC)

Moderator: Jenny Revis (London)

Future of the WTO, Trade Remedies and Trade Wars

Tuesday, Speakers: Kevin O’Brien (Washington, DC), Pablo Bentes

(Geneva), and Andrew Rose/Sven Bates (London)
April 27
Moderator: Christine Streatfeild (Washington, DC)

Hot Topics on Sanctions (Focus on US, Canada, UK,

EU and Middle East)

Tuesday, Speakers: Brian Cacic (Toronto),Olof Konig (Stockholm),

Callie Lefevre (Washington, DC), and Samir Safar-Aly
May 25
(Dubai)

Moderator: Sunny Mann (London)

Foreign Inv estment Rev iew Trends (Focus on US, UK,

Germany and Spain)

Tuesday, Speakers: Sylwia Lis (Washington, DC),Tristan Grimmer / Register

Ross Evans (London), Anahita Thoms (Dusseldorf), and
June 29
Valeria Enrich (Barcelona) Now

Moderator: Rod Hunter (Washington, DC)

Hot Topics for Customs Audits (Focus on US, Canada,

Tuesday, Mexico, EU, UK, Russia and Asia-Pacific) Register
July 27 Now
Speakers: Nicole Looks (Amsterdam)/Alexandra Alberti

International Trade Compliance Update | July 2021 67

 Baker McKenzie

(London), Mariana Rojas-Islas (Mexico City),Paul Burns

(Toronto), Ivy Tan (Kuala Lumpur), and Vladimir Efremov
(Moscow)

Moderator: John McKenzie (San Francisco)

August Vacation Break

Hot Topics on Export Controls (Focus on US, China,

EU, UK and Russia)

Tuesday, Speakers: Ben Smith (London), Derk Christiaans (Amster- Register

dam), Weng Keong Kok (Hong Kong), and Alexander By-
September 28
chkov (Moscow) Now

Moderator: Megan Hamilton (Chicago)

Global FTAs dev elopments (Focus on Africa, EU, UK,

and Latin America)

Tuesday, Speakers: Virusha Subban (Johannesburg), Kevin Nordin Register

(London), Alessandra S. Machado (Sao Paulo), Kelvin
October 26
Hong (Kuala Lumpur), and Hania Negm (Cairo) Now

Moderator: Adriana Ibarra-Fernandez (Mexico City)

November (Dates Year-End Rev iew of

TBD) Import/Export Dev elopments

Webinar Start Time: *see timeanddate.com for time in your location.

08:00 AM (Pacific) - San Francisco
10:00 AM (Central) - Chicago
11:00 AM (Eastern) - DC
4:00 PM (GMT) - London
5:00 PM (CET) - Frankfurt
12:00 AM+ (CST) - Beijing
1:00 AM+ (JST) - Tokyo

Duration: 90 Minutes

Login Details: Log-in details will be sent via email one week before the event.

Co-Chairs: Adriana Ibarra-Fernandez, Partner, Mexico City, T +52 55 5279 2947 Email

Sylw ia Lis, Partner, Washington, DC, T + 202 835 6147 Email

Jennifer F. Rev is, Partner, London, T +44 20 7919 1381 Email

Questions: Sal Gonzalez, Business Development Specialist, T +1 202 835 1661 Email

These w ebinars are all complimentary and you can sign-up for as many as you w ould like.

MCLE Credit:
Pending for 1.5 general California CLE credits, 1.5 general Illinois CLE credits, 1.5 areas of professional
practice New York CLE credits, and 1.5 general Texas CLE credits. Participants requesting CLE for other
states will receive Uniform CLE Certificates. Baker & McKenzie LLP is a California and Illinois CLE ap-
proved 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 12/12/18 -12/11/21. This program is appropriate for both experienced
and newly admitted New York attorneys. Baker & McKenzie LLP is an accredited sponsor, approved by
the State Bar of Texas, Committee on MCLE.

A uniform certificate for 1.5 CPE credits will be provided to participants for CPE credit applications.

**While CLE credit may be pre-approved in certain jurisdictions, final CLE accreditation approval is antici-
pated, but not guaranteed.

International Trade Compliance Update | July 2021 68

 Baker McKenzie

These webinars are pending for 1.5 CCS, CES and MES credit by the National
Customs Brokers & Forwarders Association of America, Inc.

Asia Pacific International Commercial and Trade Webinar Series

December 2020 – January 2021 | 11:00 am – 12:00 pm (GMT+8)
We are pleased to present the Asia Pacific Trade Webinar Series which focused on
the Nuts and Bolts of Trade Compliance and delivered practical guidance and on-
the-ground insights from our teams in Asia Pacific.
This program featured overarching customs developments and highlights on spe-
cially regulated goods. Key themes included:

 Significant changes to customs clearance requirements

 Customs enforcement and audit priorities
 Changes in import and export controls/prohibitions and specific permitting or
licensing requirements
 Other jurisdictional specific updates, such as:
o COVID regulation special measures
o Government trade incentive programs
o FTA developments, including the RCEP Agreement
o Trade war tensions
o Sanctions developments
o New regulatory regimes impacting supply chains
o Regulatory reforms in development
If you have any questions relating to the webinars, please contact Sharon
How or Amanda Murillo. Recordings are available as follows (original dates are
shown as well).
December 2020 Sessions
Jurisdictional Updates Original Date

International Trade Compliance Update | July 2021 69

 Baker McKenzie

Singapore Thursday, 3 December Singapore recording

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

The Ever-Changing International Trade Landscape

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

Day One - July 14, 2020

 Current Trade and Investment Landscape
o Click here to view the recording
o Presentation Slides
 USMCA and Future US/UK Trade
o Click here to view the recording
o Presentation Slides
 Import Developments

International Trade Compliance Update | July 2021 70

 Baker McKenzie

o Click here to view the recording

o Presentation Slides
Day Two - July 15, 2020
 Export Control Developments
o Click here to view the recording
o Presentation Slides
 Economic Sanctions Developments
o Click here to view the recording
o Presentation Slides
 Export Sanctions Enforcement
o Click here to view the recording
o Presentation Slides
Day 3 - July 16, 2020
 The View from China and Hong Kong
o Click here to view the recording
o Presentation Slides
 Rebuilding Supply Chains
o Click here to view the recording
o Presentation Slides

Supplemental Links
 Speakers Bios

Welcome to our first Virtual Year-End Review of Import/Export Developments

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

Below you will find the topics discussed in each of the sessions. To see the
recordings, please click here.
Day One - Novem ber 17, 2020

International Trade Compliance Update | July 2021 71

 Baker McKenzie

Introduction and Overview

Topics discussed:

 Current Worldw ide Trade & Investment Environment

 New Administration’s Trade Policy Objectives and Prospects

 Foreign Investment Regulatory Developments

Speakers: John McKenzie, Mattias Hedw all, Rod Hunter, Anahita Thoms, Junko Suetomi, Ben
Smith
Export Control Developm ents
Topics discussed:

 The Military End-User Licensing Requirements for China, Russia and Venezuela

 The New “Foreign Direct Product” Rule

 Entity List Restrictions

 Change in the Status of Hong Kong for Export Control Purposes

 Update on the Emerging and Foundational Technologies Export Control Initiative

 European Union Export Control Developments

 The Export Control Implications of Brexit

Speakers: Nick Cow ard, Alison Stafford Pow ell, Paul Amberg, Ben Smith
Focus on China
Topics discussed:

 The Chinese National Security Law and Hong Kong

 The New Chinese Export Control Regulations and Update on the China Technology
Transfer Catalogue
 The Regulations Implementing China’s “Unreliable Entity List”

 Executive Order 13943: Securing the Information and Communications Technology

and Services Supply Chain

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

 Human Rights Abuses involving Minority Population of Xinjiang Province

 Status Report and Prospects of the “Phase One Trade Agreement”

Day Tw o - Novem ber 18, 2020
Econom ic Sanctions Developm ents
Topics discussed:

 Hong Kong Autonomy Act

 Iran Sanctions

 Update on Venezuelan Sanctions

 Update on Russian Sanctions

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

 OFAC Developments

 Status Report on Pending Litigation under the Helms-Burton Act involving

International Trade Compliance Update | July 2021 72

 Baker McKenzie

investments in Cuba
Speakers: Alison Stafford Pow ell, Janet Kim, Alex Lamy, Ben Smith, Vladimir Efremov
Export Control and Econom ic Sanctions Enforcem ent Developm ents
Topics discussed:

 Department of Justice Voluntary Disclosure Guidelines

 Recent Export Control and Economic Sanctions Enforcement Actions

 EU Economic Sanctions Enforcement Actions

 Handling an Export Control or Economic Sanctions Enforcement Inv estigation

 The Role of Banks in Economic Sanctions Enforcement

Speakers: Alison Stafford Pow ell, Jessica Nall, Terry Gilroy, Tristan Grimmer
Trade Agreem ents Developm ents
Topics discussed:

 USMCA

 Brexit

 Prospects for a United States-United Kingdom Free Trade Agreement

 Transpacific Partnership (w ithout the United States)

Speakers: John McKenzie, Adriana Ibarra, Stuart Seidel, Paul Burns, Jenny Revis
Day Three - Novem ber 19, 2020
Im port and Custom s Developm ents: United States
Topics discussed:

 Overview of United States Customs Developments

 Update on Section 301 Duties on Products of China
 The Digital Services Tax Dispute
 Transfer Pricing and Customs Valuation
Speakers: John McKenzie, Stuart Seidel, Christine Streatfeild, Juliana Marques
Im port and Custom s Developm ents: International
Topics discussed:

 European Customs Developments

 Import Developments in North America

 Compliance Challenges in Importing into Brazil

 Asia/Pacific Customs Developments

Speakers: John McKenzie, Jenny Revis, Brian Cacic, Jose Hoyos , Alessandra Machado, Ivy
Tan, Junko Suetomi
Rebuilding International Supply Chains
Topics discussed:

 Continued Pressure to Reduce Dependency on China

 Forced Labor and Modern Slavery and Trafficking Legislation

 Screening Parties against the OFAC SDN List

 Compliance Challenges and Due Diligence of Suppliers and Customers under the
FCPA

International Trade Compliance Update | July 2021 73

 Baker McKenzie

 Supply Chains Reimagined and the “Extended Enterprise”

Speakers: Alison Stafford Pow ell, Anne Petterd, Aleesha Fow ler, Kerry Contini, Helena
Engfeldt

Our 17th Annual Global Trade and Supply Chain Webinar Series entitled,
“International Trade: Basics and Trends” included the latest international trade
developments and updates on Trade Wars, Brexit, Trade Agreement negotiations
and key Customs, Export Controls and Sanctions developments. In addition to our
usual topics of Customs and Export Controls/Sanctions, we also covered Foreign
Investment Review regimes around the world.
Our program of basic webinars covered the areas of Customs, Export Controls and
Sanctions. These webinars (dates highlighted in blue) are primarily aimed at
participants who are new to Global Trade and/or those who would like a refresher.
All webinars are scheduled to run for approximately 90 minutes.
All webinars are complimentary and you can sign-up for as many as you would like.
DatDate Topic and Speakers

US, Brazil, EU China Trade Policy and FTA Update plus Brexit
Tuesday, Speakers: Stu Seidel (Washington, DC), Marcelle Silbiger (Sao Paulo), Jon Cowley
January 28 (Hong Kong), Jenny Revis (London), Pablo Bentes (Geneva) and Meera Rolaz
(London)

Basic: How to Classify Your Products (Customs)

Tuesday, Speakers: Jose Hoyos-Robles (Mexico City), John Foote (Washington, DC), Olof
February 25 Johannesson (Stockholm), Andrew Rose (London), and Riza Buditomo (Jakarta)

Foreign Inv estment Rev iew Regimes Around the World: Focus on US, UK,
Germany, Italy, and Canada
Tuesday, Speakers: Sylwia Lis (DC), Ross Evans (London), Anahita Thoms (Dusseldorf), Antonio
March 31 Lattanzio (Rome), Yana Ermak (Toronto)
Moderator: Rod Hunter (DC)

Basic: Key Compliance Issues under US, EU, and China Export Controls
Tuesday, Speakers: Lise Test (Washington, DC), Ben Smith (London), Jenny Pan (Shanghai)
April 28 and Akash Sikka (London)

Restricted Parties Screening: Compliance Issues and Best Practices under US,
EU, and Canadian Trade Sanctions and Export Controls
Tuesday,
May 19 Speakers: Meghan Hamilton (Chicago), Ross Denton (London), Quentin Vander
Schueren (Toronto)

Thursday, USMCA: How to Claim Preferential Tariff Treatment (Part 1) Speakers: Paul Burns
(Toronto), Adriana Ibarra (Mexico City), John Foote (Washington
June 4
Thursday, USMCA: How to Claim Preferential Tariff Treatment (Part 2) Speakers: Eunkyung Kim
Shin (Chicago), Jose Hoyos-Robles (Mexico City), Quentin Vander Schueren (Toronto)
June 11

International Trade Compliance Update | July 2021 74

 Baker McKenzie

USMCA: Labor Rules and Trade Remedies (Part 3) Speakers: John Foote
Thursday, (Washington), Liliana Hernandez-Salgado (Mexico City), Salvador Pasquel -Villegas
June 18 (Mexico City), Kevin Coon (Toronto)

Basic: How to v alue your products (Customs)

Tuesday, Speakers: Kevin Nordin (London); Jaap Huenges Wajer (Amsterdam); John McKenzie
June 23 (San Francisco); Ivy Tan (Kuala Lumpur)

What you need to know about importing into Africa, China, Russia and the Middle
Tuesday, East (Customs)
Speakers: Virusha Subban (Johannesburg), Tina Li (Shanghai), Vladimir Efremov
July 28 (Moscow), and Laya Aoun Hani (Dubai)

Basic: Key Compliance Issues under US, EU, and Canada trade Sanctions
Tuesday, Speakers: Callie LeFevre (Washington, DC), Sven Bates (London), Quentin Vander
August 25 Schueren (Toronto)

Customs Audits and Latest Customs Dev elopments

Tuesday, Speakers: Andrea Dieguez (Mexico City) Nicole Looks (Frankfurt), Kelvin Hong (Kuala
September 29 Lumpur), John Foote (Washington, DC)

Basic: How to determine the origin of your products (Customs)

Tuesday, Speakers: Jessica Mutton (London), Mariana Rojas (Mexico City), Eukyung Kim Shin
October 27 (Chicago), Weng Keong Kok (Hong Kong)

Hot Topics in US, EU, Russian Trade Sanctions and Export Controls
Tuesday, Speakers: Inessa Owens (Washington, DC), Derk Christiaans (Amsterdam), Julian
November 24 Godfray (London), Alexander Bychkov (Moscow)

What you need to know about importing into Mexico, Brazil and Argentina
Tuesday, (Customs)
December 15 Speakers: Veronica Rejon (Guadalajara), Alessandra Machado (Sao Paulo), and
Esteban Ropolo (Buenos Aires

International Trade Compliance Update | July 2021 75

 Baker McKenzie

WTO COVID-19 Trade and Trade-Related

Measures
The WTO has created a dedicated page on the WTO website to provide up-to-
the minute trade-related information including relevant notifications by WTO
members, the impact the virus has had on exports and imports and how WTO
activities have been affected by the pandemic. The following list contains notifica-
tions posted by the WTO during the period covered by this Update. For earlier
notifications see the WTO webpage.
Type abbreviations: TFA=Trade Facilitation Agreement, SPS=sanitary and Phy-
tosanitary Measures, QR= Quantitative Restrictions, TBT= Technical Barriers to
Trade, MA=Market Access, ER=Agriculture Transparency (dd/mm/yyyy)

Date Member Measure

Request to suspend the process and entry into force of reductions of maximum residue limits
28-05-21 European Union for plant protection products due to the COVID-19 pandemic – G/SPS/GEN/1778/Rev.5,
G/TBT/GEN/296/Rev.5 (G/SPS/GEN/1814/Rev.2 ; G/TBT/GEN/315)
Follow ing consultation, the United Kingdom Government has now developed a draft of the
regulation for Mandatory Validation of Covid-19 In vitro Diagnostic antigen and Molecular
03-06-21 United Kingdom tests. This text w ill amend the Medical Device Regulations 2002, using pow ers provided in
the Medicines and medical Devices Act 2021. The legal text is available on request.
(G/TBT/N/GBR/39/Add.1). (G/TBT/N/GBR/39/Add.1)
Considering the COVID-19 pandemic and consistent w ith the spirit and continuing policy of
the government manifested in the pertinent objectives and the declared COVID-19 response
and recovery interventions provided under Republic Act No. 11494 or the “Bayanihan to Re-
04-06-21 Philippines
cover As One Act”, this Circular is being issued to provide the interim guidelines on the re-
new al of cGMP clearance of foreign drug manufacturers.
(G/TBT/N/PHL/253). (G/TBT/N/PHL/253)
Description of the measure: ANVISA Resolution number 483, 19 March 2021- previously no-
tified through  G/TBT/N/BRA/1154 - w hich establishes exceptional and temporary technical
requirements for the import of new medical devices and medicines identified as indispensa-
08-06-21 Brazil
ble for the use in healthcare services due to the international public health emergency related
to the SARS-CoV-2, w as amended by Resolution – RDC number 516, 2 June 2021. 
(G/TBT/N/BRA/1154/Add.3) (G/TBT/N/BRA/1154/Add.3)
United Arab Emir- Measures taken by the United Arab Emirates regarding movement of pet animals in re-
16-06-21
ates sponse to the corona pandemic. (G/SPS/GEN/1918)
Extension of the Implementation Period of the Temporary Alternative Arrangements of the
24-06-21 Chinese Taipei Presentation of Original Veterinary and Phytosanitary Certificates in the Condition of COVID-
19 Pandemic. (G/SPS/N/TPKM/526/Add.4)
Description of the measure: Extended: temporary changes to import certificate requirements
25-06-21 Australia for a range of imported plant-based, animal, biological and animal-based
goods. (G/SPS/N/AUS/501/Add.2)

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 “notifi-
cations” to all Member countries. This chart summarizes notifications in English
posted by the WTO during the past month. If you are interested in obtaining cop-
ies of any of these notifications, please register and log onto the Notify U.S. web-
site. 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.

International Trade Compliance Update | July 2021 76

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Not given
Argentina ARG/246/Add.3 05/20/2021 Incandescent lamps
by country
Not given
Argentina ARG/294/Add.8 05/20/2021 All products subject to certification regimes
by country
Other footw ear w ith outer soles and uppers of rub-
ber or plastics (HS 6402), Footw ear w ith outer soles
of rubber, plastics, leather or composition leather
Not given and uppers of leather (HS 6403), Footw ear w ith
Argentina ARG/338/Add.3 05/20/2021
by country outer soles of rubber, plastics, leather or composi-
tion leather and uppers of textile materials (HS
6404), Other footw ear (HS 6405) - Other footw ear:
(HS 64019)
Not given Furniture in general; Other furniture and parts
Argentina ARG/342/Add.7 05/20/2021
by country thereof (HS 9403)
Not given
Argentina ARG/368/Add.2 05/20/2021 Alternating-current electricity meters
by country

Bahrain, Kingdom of BHR/600 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Bahrain, Kingdom of BHR/601 06/04/2021 08/03/2021 Cheese (Edam cheese)

Bahrain, Kingdom of BHR/602 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Bahrain, Kingdom of BHR/603 06/04/2021 08/03/2021 Cheese (Brie cheese)

Bahrain, Kingdom of BHR/604 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Bahrain, Kingdom of BHR/605 06/07/2021 08/06/2021 Cheese

Bahrain, Kingdom of BHR/606 06/07/2021 08/06/2021 Cheese

Not given
Brazil BRA/944/Add.1 05/31/2021 HS Code(s): 2106, 3923 (packing material)
by country
Medicines, medical devices, personal hygiene prod-
ucts, cosmetics, perfumes, sanitizers, active phar-
Not given maceutical ingredients, and food HS Code(s): 2106,
Brazil BRA/997/Add.1 05/31/2021
by country 29, 2936, 2937, 2941, 3303, 3304, 3305, 3306,
3307, 340111, 340130, 3402, 340119, 340120,
330290, 9616, 9619
Not given Regulatory Agenda of the The Brazilian Health
Brazil BRA/1189 05/31/2021
by country Regulatory Agency (ANVISA)
Not given HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004,
Brazil BRA/1166/Add.1 06/03/2021
by country 3006 (medical devices)
HS 85243111 Cryptographic library softw are and
Not given
Brazil BRA/1190 06/03/2021 cryptographic service providers softw are at ICP-
by country
Brazil
Not given HS 85243111 Cryptographic equipment not con-
Brazil BRA/1191 06/03/2021
by country templated in manuals of specific technical conducts
Not given
Brazil BRA/325/Add.2 06/08/2021 Almond of the cashew chestnut
by country
Telephone sets, incl. telephones for cellular net-
w orks or for other w ireless netw orks; other appa-
ratus for the transmission or reception of voice, im-
ages or other data, incl. apparatus for communica-
Not given
Brazil BRA/1104/Add.2 06/08/2021 tion in a w ired or w ireless netw ork [such as a local
by country
or w ide area netw ork]; parts thereof (excl. than
transmission or reception apparatus of heading
8443, 8525, 8527 or 8528) (HS 8517); Radiocom-
munications

International Trade Compliance Update | July 2021 77

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Provitamins and vitamins, natural or reproduced by

synthesis, incl. natural concentrates, derivatives
thereof used primarily as vitamins, and intermix-
tures of the foregoing, w hether or not in any solvent
Not given (HS 2936); Hormones, prostaglandins, thrombox-
Brazil BRA/1154/Add.3 06/08/2021
by country anes and leukotrienes, natural or reproduced by
synthesis; derivatives and structural analogues
thereof “incl. chain modified polypeptides”, used pri-
marily as hormones (HS 2937); Antibiotics (HS
2941); PHARMACEUTICAL PRODUCTS (HS 30)
Not given Labelling of personal hygiene products, cosmetics
Brazil BRA/608/Add.2 06/09/2021
by country and perfumes
Not given
Brazil BRA/871/Add.2 06/09/2021 Pharmaceutical ingredients HS Codes: 2941; 30
by country
Not given HS Code(s): 2936, 2937, 3001, 3002, 3003, 3004,
Brazil BRA/1168/Add.1 06/09/2021
by country 3006 (medical devices)
Instruments and appliances used in medical, surgi-
cal, dental or veterinary sciences, incl. scintigraphic
Brazil BRA/1192 06/09/2021 07/23/2021
apparatus, other electro-medical apparatus and
sight-testing instruments, n.e.s (HS 9018)
Medicaments consisting of tw o or more constituents
mixed together for therapeutic or prophylactic uses,
not in measured doses or put up for retail sale (excl.
goods of heading 3002, 3005 or 3006) (HS 3003);
Brazil BRA/1193 06/09/2021 07/08/2021 Medicaments consisting of mixed or unmixed prod-
ucts for therapeutic or prophylactic uses, put up in
measured doses “incl. those for transdermal admin-
istration” or in forms or packings for retail sale (excl.
goods of heading 3002, 3005 or 3006) (HS 3004)
Not given HS CODE: 98041000 (products of advanced thera-
Brazil BRA/911/Add.3 06/11/2021
by country pies)
Not given Child restraint devices; Baby carriages and parts
Brazil BRA/542/Add.3 06/15/2021
by country thereof (HS 8715)
Flexible tubes, pipes and hoses, of plastics, rein-
Not given forced or otherw ise combined w ith other materials
Brazil BRA/1194 06/15/2021
by country (excl. those w ith a burst pressure of >= 27,6 MPa)
(HS 391739)
Not given Pharmaceutical preparations and products of sub-
Brazil BRA/1195 06/15/2021
by country headings 3006.10.10 to 3006.60.90 (HS 3006)
Not given
Brazil BRA/605/Add.5 06/16/2021 Equipment under a health surveillance
by country
Net content of frozen fish fillet, toothpaste, bar w ash
soap and solid bleach - HS 0304 Fish fillets frozen
Not given (w hether or not minced); 3306 Preparations for oral
Brazil BRA/793/Add.1 06/16/2021
by country or dental hygiene toothpaste 340211 Soap bars;
2828 Hypochlorites; commercial calcium hypo-
chlorite; chlorites; hypobromites.
Not given Fish, molluscs, crustaceans (HS 0304, HS 0307,
Brazil BRA/829/Add.3 06/16/2021
by country HS 0306)
Not given
Brazil BRA/893/Add.2 06/16/2021 Industrial trans fats in foods HS 2106
by country
BRA/373/Rev.1/ Not given Mattress and mats made of flexible polyurethane
Brazil 06/18/2021
Add.4/Corr.2 by country foam (HS 9404)
BRA/840/Add.3/ Not given
Brazil 06/18/2021 Sardines/pre packed (HS 160413)
Corr.1 by country

International Trade Compliance Update | July 2021 78

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Not given
Brazil BRA/1196 06/18/2021 Pre-packaged products
by country
Not given
Brazil BRA/53/Add.3 06/22/2021 Pre-packaged goods
by country
Not given Netw orks operating in TDD (Time Division Duplex)
Brazil BRA/1051/Add.2 06/22/2021
by country systems
Not given
Brazil BRA/1171/Add.1 06/22/2021 HS Code(s): 38089910 (pesticides)
by country

Burundi BDI/119 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
Paints and varnishes (Tw o-pack epoxy zinc phos-
Burundi BDI/120 06/08/2021 08/07/2021
phate w eldable primer)

Burundi BDI/121 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
Paints and varnishes (Black bituminous paints for
Burundi BDI/122 06/08/2021 08/07/2021
cold application)

Burundi BDI/123 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)
Processed cultivated edible mushrooms - Specifica-
Burundi BDI/124 06/14/2021 08/13/2021
tion

Burundi BDI/125 06/14/2021 08/13/2021 Canned vegetables - Specification

Burundi BDI/126 06/14/2021 08/13/2021 Pumpkin pulp flour - Specification

Burundi BDI/127 06/14/2021 08/13/2021 Canned fruit cocktail

Tomato products - Specification - Part 4: Tomato
Burundi BDI/128 06/14/2021 08/13/2021
concentrates (paste and puree)

Burundi BDI/129 06/14/2021 08/13/2021 Office paper (Diaries)

Other paper products (Paper sacks for packaging of
Burundi BDI/130 06/14/2021 08/13/2021
cement)

Burundi BDI/131 06/14/2021 08/13/2021 Office paper (Exercise books and related items)
Paper products in general (Thermal-sensitive paper
Burundi BDI/132 06/14/2021 08/13/2021
roll for printers)

Burundi BDI/133 06/14/2021 08/13/2021 Paper products in general (New sprint)

Not given Prescription status of medicinal ingredients for hu-
Canada CAN/598/Add.1 06/07/2021
by country man use HS 3004.90
Canada CAN/643 06/09/2021 08/16/2021 Radiocommunications
Canada CAN/644 06/17/2021 08/26/2021 Drug Products - Pharmaceutics
Livestock feeds imported under HS 2309 (prepara-
tions of a kind used in animal feeding) and livestock
feeds and feed ingredients may be found in the fol-
Canada CAN/645 06/17/2021 09/09/2021 low ing chapters 4, 5, 7, 9, 10, 11, 12, 13, 14, 15,
17, 18, 19, 20, 21, 23, 25, 26, 28, 29, 30, 31, 32,
35, 38, 39, 40, 44, 47.; Preparations of a kind used
in animal feeding (HS 2309)
Canada CAN/646 06/25/2021 09/02/2021 Vaping Products including e-cigarettes, e-liquids
Steel - Hot rolled bars and rods for the reinforce-
Chile CHL/552 05/18/2021 07/17/2021
ment of concrete
Not given
Chile CHL/357/Rev.1 06/08/2021 Saw n w ood
by country

International Trade Compliance Update | July 2021 79

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Not given
Chile CHL/527/Add.1 05/20/2021 Safety belts and safety-belt anchorages
by country
Floodlight luminaires (area floodlights) for public
Chile CHL/553 06/07/2021 08/06/2021
lighting
Automatic change-over devices to be connected to
Chile CHL/554 06/07/2021 08/06/2021
w elded portable cylinders w eighing 45 kg
Vacuum cleaners and w ater-suction cleaning appli-
Chile CHL/555 06/07/2021 08/06/2021
ances
Regulators w ith pressure gauge (manometer), to be
Chile CHL/556 06/07/2021 08/06/2021 connected to w elded portable cylinders for butane,
propane, and their mixtures
Polyethylene union valves for gaseous fuel distribu-
Chile CHL/557 06/07/2021 08/06/2021
tion netw orks (metric series)

Chile CHL/558 06/07/2021 08/06/2021 Electrical heat pumps

Passenger ships engaged on domestic voyages
w ith a length of less than 24 meters and other pas-
senger ships engaged on domestic voyages not
covered by Directive 2009/45/ EC of the European
DNK/116 06/18/2021 08/17/2021
Denmark Parliament and of the Council of 6 May 2009 on
safety rules and standards for passenger ships, as
amended, as e.g. ships built of materials other than
steel or equivalent.
Tractors (other than tractors of heading No. 8709)
(HS 8701); Tanks and other armoured fighting vehi-
Dominica DMA/19 06/14/2021 08/13/2021
cles, motorised, w hether or not fitted w ith w eapons,
and parts of such vehicles (HS 8710)
Edible vegetables and certain roots and tubers (HS
Dominica DMA/20 06/14/2021 08/13/2021 07); Edible fruit and nuts; peel of citrus fruit or mel-
ons (HS 08)
Seeds, fruit and spores, of a kind used for sow ing
Dominica DMA/21 06/15/2021 08/13/2021
(HS 1209)
Edible vegetables and certain roots and tubers (HS
Dominica DMA/22 06/15/2021 08/13/2021 07); Edible fruit and nuts; peel of citrus fruit or mel-
ons (HS 08)
Bulbs, tubers, tuberous roots, corms, crow ns and
Dominica DMA/23 06/15/2021 08/13/2021 rhizomes, in grow th or in flow er; chicory plants and
roots (HS 060120)
Products of animal origin, not elsew here specified
Dominica DMA/24 06/15/2021 08/13/2021
or included (HS 05)
Dominica DMA/25 06/15/2021 08/13/2021 Other (HS 070190)
Live trees and other plants; bulbs, roots and the
Dominica DMA/26 06/15/2021 08/13/2021
like; cut flow ers and ornamental foliage (HS 06)
Products of animal origin, not elsew here specified
Dominica DMA/27 06/15/2021 08/13/2021
or included (HS 05)
Seeds, fruit and spores, of a kind used for sow ing
Dominica DMA/28 06/15/2021 08/13/2021
(HS 1209)
Not given
Egypt EGY/69/Add.1 06/07/2021 Hygiene products
by country
Not given
Egypt EGY/201/Add.1 06/07/2021 Water heating equipment
by country
Not given
Egypt EGY/204/Add.2 06/07/2021 Diapers for children and adult
by country

International Trade Compliance Update | July 2021 80

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Egypt EGY/293 06/07/2021 08/06/2021 Packaging and distribution of goods in general

Egypt EGY/294 06/07/2021 08/06/2021 Products of the chemical industry

Not given
El Salvador SLV/92/Add.1 05/26/2021 Cosmetic products
by country
Chemical substance Resorcinol; Resorcinol and its
European Union EU/803 06/01/2021 07/31/2021 salts (HS 290721); Phenols, Products of the chemi-
cal industry

European Union EU/804 06/16/2021 08/15/2021 Organic products

European Union EU/805 06/16/2021 08/15/2021 Organic products

Chemical substances; Products of the chemical in-
European Union EU/806 06/18/2021 08/17/2021
dustry

European Union EU/807 06/24/2021 08/23/2021 Substances

Not given
Guatemala GTM/46/Add.1 05/26/2021 Cosmetic products
by country
Not given
Indonesia IDN/110/Add.1 06/07/2021 Food
by country
Not given
Indonesia IDN/112/Add.2 06/07/2021 Food Additives, Flavoring
by country
Not given Pressure vessels; (HS: 2705, 2801, 2804, 7311,
Israel ISR/1119/Add.1 05/31/2021
by country 8403, 841440, 841451, 841480, 845140)
Not given Wheeled child conveyances; Baby strollers; Baby
Israel ISR/1166/Add.1 05/31/2021
by country carriages; (HS 8715)
ISR/1027/Rev.1/ Not given
Israel 06/21/2021 Beer (HS 2203)
Add.1 by country
Not given Release of lead and cadmium from glass hollow -
Israel ISR/1112/Rev.1 06/21/2021
by country w are; (HS: 7013)
Edible sw eet fat-based spreads other than peanut
Israel ISR/1207 06/22/2021 08/21/2021
butter

Israel ISR/1208 06/22/2021 08/21/2021 Luminaires; (HS: 9405)

Israel ISR/1209 06/22/2021 08/21/2021 Alcoholic beverages; (HS: 2208)

Release of lead and cadmium from ceramic and
Israel ISR/1210 06/22/2021 08/21/2021
glass tablew are; (HS: 6911, 6912, 701310)
Release of lead and cadmium from ceramic and
Israel ISR/1211 06/22/2021 08/21/2021
glass tablew are; (HS: 6911, 6912, 701310)
Children's jew ellery; (HS: 7116, 7117, 9101, 9102,
Israel ISR/1212 06/22/2021 08/21/2021
9503, 9601, 9615);
Jamaica JAM/98 06/21/2021 08/20/2021 Toys and playthings
Jamaica JAM/99 06/21/2021 08/20/2021 Toys
Jamaica JAM/100 06/21/2021 08/20/2021 Toys
Jamaica JAM/101 06/21/2021 08/20/2021 Toys
Jamaica JAM/102 06/21/2021 08/20/2021 Toys
Not given
Japan JPN/691/Add.1 06/01/2021 Electric w ater heaters; (HS: 851610)
by country
Not given
Japan JPN/677/Add.1 06/09/2021 Pharmaceutical Products (HS:30)
by country

International Trade Compliance Update | July 2021 81

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Not given
Japan JPN/676/Add.1 06/16/2021 Pharmaceutical Products (HS: 30)
by country
Not given Substances w ith probable effects on the central
Japan JPN/701 06/18/2021
by country nervous system
Among multi-air conditioners for buildings (separate
type w ith a structure in w hich tw o or more indoor
units are connected to one outdoor unit, and the air
temperature or humidity can be adjusted for each
indoor unit), other than the follow ing: 1) Shipped on
the premise of using the existing refrigerant piping;
2) Equipped w ith the structure required for refriger-
Japan JPN/702 06/25/2021 08/24/2021
ant diversion in order to use cooling and heating at
the same time; 3) Equipped w ith a function to sup-
press a decrease in heating capacity w hen the out-
side air temperature is low ; 4) A structure that uses
w ater as a heat source; 5) A structure w ith a dedi-
cated heat storage tank for storing heat for cooling
or cooling/heating (HS 8415.10)

Kenya KEN/1093 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
Paints and varnishes (Tw o-pack epoxy zinc phos-
Kenya KEN/1094 06/08/2021 08/07/2021
phate w eldable primer)

Kenya KEN/1095 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
Paints and varnishes (Black bituminous paints for
Kenya KEN/1096 06/08/2021 08/07/2021
cold application)

Kenya KEN/1097 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)

Kenya KEN/1098 06/10/2021 07/24/2021 Body care equipment (Menstrual tampons)

Products of the textile industry (Disposable helmet
Kenya KEN/1099 06/10/2021 08/03/2021
liner)
Cooking ranges, w orking tables, ovens and similar
Kenya KEN/1100 06/10/2021 07/30/2021 appliances (Denatured technical alcohol for use as
cooking and appliance fuel)

Kenya KEN/1101 06/10/2021 08/11/2021 Food products in general (Edible mushrooms)

Kenya KEN/1102 06/10/2021 08/11/2021 Fruits. Vegetables (Canned vegetables)

Kenya KEN/1103 06/10/2021 08/11/2021 Fruits. Vegetables (Canned fruit cocktail)

Kenya KEN/1104 06/10/2021 08/11/2021 Fruits. Vegetables (Pumpkin pulp flour)

Vegetables and derived products (Tomato prod-
Kenya KEN/1105 06/10/2021 08/11/2021
ucts)

Kenya KEN/1106 06/24/2021 08/18/2021 Concrete structures

Not given
Korea, Republic of KOR/923/Add.1 06/16/2021 Wallpapers
by country

Korea, Republic of KOR/965 06/16/2021 08/15/2021 Foods

Korea, Republic of KOR/966 06/16/2021 06/15/2021 Aeronautical Radio Equipment

Korea, Republic of KOR/967 06/16/2021 08/15/2021 Foods

Korea, Republic of KOR/968 06/16/2021 08/15/2021 Food

International Trade Compliance Update | July 2021 82

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Korea, Republic of KOR/969 06/16/2021 08/15/2021 Food and Drug Testing and Inspection Agencies

Korea, Republic of KOR/970 06/18/2021 08/17/2021 Electrical w arm-w ater mattresses and beds

Korea, Republic of KOR/971 06/18/2021 08/17/2021 Washing machines

Korea, Republic of KOR/972 06/18/2021 08/17/2021 Skin or Hair care appliances

Korea, Republic of KOR/973 06/18/2021 08/18/2021 Ironing press

Korea, Republic of KOR/974 06/18/2021 08/17/2021 fans

Korea, Republic of KOR/975 06/18/2021 08/17/2021 Luminaires

Korea, Republic of KOR/976 06/18/2021 08/17/2021 Circuit-breakers

A novel domestic or foreign LMOs created through
Korea, Republic of KOR/977 06/18/2021 08/17/2021 modern biotechnology under Article 2 (Definition) of
the LMO Act

Korea, Republic of KOR/978 06/22/2021 08/21/2021 Health Functional Food Products

Korea, Republic of KOR/979 06/22/2021 08/21/2021 Foods

Korea, Republic of KOR/980 06/25/2021 08/04/2021 Chemical substances, and polymers

Kuw ait KWT/568 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Kuw ait KWT/569 06/04/2021 08/03/2021 Cheese (Edam cheese)
Kuw ait KWT/570 06/04/2021 08/03/2021 Cheese (Gouda cheese)
Kuw ait KWT/571 06/04/2021 08/03/2021 Cheese (Brie cheese)
Kuw ait KWT/572 06/04/2021 08/03/2021 Cheese (Camembert cheese)
Kuw ait KWT/573 06/07/2021 08/06/2021 Cheese
Kuw ait KWT/574 06/07/2021 08/06/2021 Cheese
Not given Imported new pharmaceuticals containing new ac-
Macao, China MAC/11/Add.1 06/16/2021
by country tive pharmaceutical ingredients
Not given Imported new pharmaceuticals containing new ac-
Macao, China MAC/18 06/16/2021
by country tive pharmaceutical ingredients
Malaysia MYS/104 06/09/2021 08/08/2021 Food products in general
HS: 1101.00.1100 (Fortified w heat flour);
Malaysia MYS/105 06/09/2021 08/08/2021 1101.00.1900 (Other w heat flour); Wheat or meslin
flour (HS 1101)
Not given
Mexico MEX/389/Add.4 05/18/2021 Meters and transformers
by country
Not given
Nicaragua NIC/74/Add.1 05/26/2021 Cosmetic products
by country
Oman OMN/434 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)
Oman OMN/435 06/04/2021 08/03/2021 Cheese (Edam cheese)
Oman OMN/436 06/04/2021 08/03/2021 Cheese (Gouda cheese)
Oman OMN/437 06/04/2021 08/03/2021 Cheese (Brie cheese)
Oman OMN/438 06/04/2021 08/03/2021 Cheese (Camembert cheese)
Oman OMN/439 06/07/2021 08/06/2021 Cheese
Oman OMN/440 06/07/2021 08/06/2021 Cheese

International Trade Compliance Update | July 2021 83

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Not given
Peru PER/131/Add.1 05/12/2021 6307.90.30.00 Face-masks
by country
Household/Urban Hazardous Substances (HUHS)
(e.g household/urban pesticides, household clean-
Not given
Philippines PHL/231/Add.1 06/01/2021 ing agents, fresheners and deodorizers, Do-It-Your-
by country
self and Hobby Items, Toys and Childcare article
products under FDA)
Air conditioning machines comprising a motor-
driven fan and elements for changing the tempera-
Not given ture and humidity, incl. those machines in w hich the
Philippines PHL/247/Rev.1 05/31/2021
by country humidity cannot be separately regulated; parts
thereof (HS 8415); Ventilators. Fans. Air-condition-
ers
Refrigerators, freezers and other refrigerating or
freezing equipment, electric or other; heat pumps;
Not given
Philippines PHL/248/Rev.1 05/31/2021 parts thereof (excl. air conditioning machines of
by country
heading 8415) (HS 8418); Domestic electrical appli-
ances in general
Not given
Philippines PHL/249/Rev.1 05/31/2021 Domestic electrical appliances in general
by country
Lamps and lighting fittings, incl. searchlights and
spotlights, and parts thereof, n.e.s; illuminated
Not given
Philippines PHL/250/Rev.1 05/31/2021 signs, illuminated nameplates and the like having a
by country
permanently fixed light source, and parts thereof,
n.e.s (HS 9405); Lamps and related equipment
Not given
Philippines PHL/253 06/04/2021 Pharmaceutical products
by country
Not given Vehicles other than railw ay or tramw ay rolling-
Philippines PHL/226/Add.1 06/07/2021
by country stock, and parts and accessories thereof (HS 87)
Processed Food Products; PREPA RATIONS OF
MEAT, OF FISH OR OF CRUSTACEANS, MOL-
LUSCS OR OTHER AQUATIC INVERTEBRATES
(HS 16); SUGARS AND SUGAR CONFECTION-
ERY (HS 17); COCOA AND COCOA PREPARA-
Philippines PHL/254 06/08/2021 08/07/2021
TIONS (HS 18); PREPA RATIONS OF VEGETA-
BLES, FRUIT, NUTS OR OTHER PARTS OF
PLANTS (HS 20); MISCELLA NEOUS EDIBLE
PREPARA TIONS (HS 21); BEVERAGES, SPIRITS
AND VINEGAR (HS 22)
Philippines PHL/255 06/08/2021 08/07/2021 Iron-Rice Premix
Wood products; (HS 4401, 4402, 4403, 4404, 4405,
Not given
Philippines PHL/256 06/17/2021 4406, 4407, 4408, 4409, 4410, 4411, 4412, 4413,
by country
4702, 4703, 4704, 4705)
Qatar QAT/589 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)
Qatar QAT/590 06/04/2021 08/03/2021 Cheese (Edam cheese)
Qatar QAT/591 06/04/2021 08/03/2021 Cheese (Gouda cheese)
Qatar QAT/592 06/04/2021 08/03/2021 Cheese (Brie cheese)
Qatar QAT/593 06/04/2021 08/03/2021 Cheese (Camembert cheese)
Qatar QAT/594 06/07/2021 08/06/2021 Cheese
Qatar QAT/595 06/07/2021 08/06/2021 Cheese

Russian Federation RUS/119 06/08/2021 8/26/2021 Machines and equipment

International Trade Compliance Update | July 2021 84

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Rw anda RWA/454 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
Paints and varnishes (Tw o-pack epoxy zinc phos-
Rw anda RWA/455 06/08/2021 08/07/2021
phate w eldable primer)

Rw anda RWA/456 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
Paints and varnishes (Black bituminous paints for
Rw anda RWA/457 06/08/2021 08/07/2021
cold application)

Rw anda RWA/458 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)

Saudi Arabia SAU/1193 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Saudi Arabia SAU/1194 06/04/2021 08/03/2021 Cheese (Edam cheese)

Saudi Arabia SAU/1195 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Saudi Arabia SAU/1196 06/04/2021 08/03/2021 Cheese (Brie cheese)

Saudi Arabia SAU/1197 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Not given
Saudi Arabia SAU/1174/Add.2 06/07/2021 Water heating equipment
by country

Saudi Arabia SAU/1198 06/07/2021 08/06/2021 Cheese

Saudi Arabia SAU/1199 06/07/2021 08/06/2021 Cheese

Separate Customs
Territory of Taiw an, Penghu, TPKM/409/Add. Not given
05/31/2021 Medical equipment
Kinmen and Matsu (Chinese 1/Corr.1 by country
Taipei)

Separate Customs
Territory of Taiw an, Penghu, TPKM/420/Add. Not given Medical Devices; Biological evaluation of medical
05/31/2021
Kinmen and Matsu (Chinese 1 by country devices
Taipei)
Condoms (4014.10.00.10;4014.10.00.90), Medical
Separate Customs masks (6307.90.50.31); Sheath contraceptives, of
Territory of Taiw an, Penghu, TPKM/442/Add. Not given
06/08/2021 vulcanised rubber (excl. hard rubber) (HS 401410);
Kinmen and Matsu (Chinese 1 by country
Made-up articles of textile materials, incl. dress pat-
Taipei) terns, n.e.s (HS 630790)
Fabric Steamers (CCCN 8516.40.00.00.3C and
8516.79.00.00.7D); Electric smoothing irons (HS
851640); Electro-thermic appliances, for domestic
Separate Customs use (excl. hairdressing appliances and hand dryers,
Territory of Taiw an, Penghu, TPKM/459 06/10/2021 08/09/2021 space-heating and soil-heating apparatus, w ater
Kinmen and Matsu (Chinese heaters, immersion heaters, smoothing irons, mi-
Taipei) crow ave ovens, ovens, cookers, cooking plates,
boiling rings, grillers, roasters, coffee makers, tea
makers and toasters) (HS 851679)
Condoms (4014.10.00.10;4014.10.00.90), Medical
Separate Customs masks (6307.90.50.31); Sheath contraceptives, of
Territory of Taiw an, Penghu, TPKM/442/Add. Not given
06/17/2021 vulcanised rubber (excl. hard rubber) (HS 401410);
Kinmen and Matsu (Chinese 1/Corr.1 by country
Made-up articles of textile materials, incl. dress pat-
Taipei) terns, n.e.s (HS 630790)

Separate Customs TPKM/447/Add. Not given

06/18/2021 Food ingredient to be used in food
Territory of Taiw an, Penghu, 1 by country

International Trade Compliance Update | July 2021 85

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Kinmen and Matsu (Chinese

Taipei)
Not given Water-closet flush valves (HS 7324.90.10,
Singapore SGP/58/Add.1 06/22/2021
by country 7324.90.93, 8481.80.50)
1) Front and top load w asher extractors 2) Under-
Not givencounter and hood dishw ashers 3) High pressure
Singapore SGP/60/Add.1 06/22/2021
by country
w ashers National tariff headings (HS: 1)
8451.40.00, 2) 8422.19.00, 3) 8424.30)
Radioactive w aste and spent fuel from nuclear facil-
ities; NUCLEA R REACTORS, BOILERS, MACHIN-
Sw eden SWE/139 06/16/2021 08/15/2021
ERY AND MECHA NICAL APPLIANCES; PARTS
THEREOF (HS 84)
Chemical products, biocidal products, phytosanitary
products and fertilizers; Inorganic chemicals; Or-
ganic or inorganic compounds of precious metals,
of rare-earth metals, of radioactive elements or of
isotopes (HS 28); Organic chemicals (HS 29); Ferti-
lizers (HS 31); Soap, organic surface-active agents,
Sw itzerland CHE/255 05/11/2021 07/10/2021
w ashing preparations, lubricating preparations, arti-
ficial w axes, prepared w axes, polishing or scouring
preparations, candles and similar articles, modelling
pastes, “dental w axes” and dental preparations w ith
a basis of plaster (HS 34); Miscellaneous chemical
products (HS 38)

Sw itzerland CHE/258 06/21/2021 08/20/2021 In vitro diagnostic medical devices

Paper products in general (Exercise books and re-
Tanzania TZA/600 05/31/2021 07/30/2021
lated items)
Other paper products (Paper sacks for packaging of
Tanzania TZA/601 05/31/2021 07/30/2021
cement)

Tanzania TZA/602 05/31/2021 07/30/2021 Office paper (Diaries)

Tanzania TZA/603 05/31/2021 07/30/2021 Paper products in general (New sprint)

Paper products in general (Thermal-sensitive paper
Tanzania TZA/604 05/31/2021 07/30/2021
roll for printers)
Vegetables, fruit, nuts and other edible parts of
Tanzania TZA/605 05/31/2021 07/30/2021 plants, prepared or preserved by vinegar or acetic
acid (HS 2001)

Tanzania TZA/606 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
Paints and varnishes (Tw o-pack epoxy zinc phos-
Tanzania TZA/607 06/08/2021 08/07/2021
phate w eldable primer)

Tanzania TZA/608 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
Paints and varnishes (Black bituminous paints for
Tanzania TZA/609 06/08/2021 08/07/2021
cold application)

Tanzania TZA/610 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)
Fruits, vegetables and derived products in general
Tanzania TZA/611 06/09/2021 08/08/2021
(Tomato products)
Fruits, vegetables and derived products in general
Tanzania TZA/612 06/09/2021 08/08/2021
(Edible mushrooms)
Fruits, vegetables and derived products in general
Tanzania TZA/613 06/09/2021 08/08/2021
(Canned vegetables)

International Trade Compliance Update | July 2021 86

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Fruits, vegetables and derived products in general

Tanzania TZA/614 06/09/2021 08/08/2021
(Canned fruit cocktail)
Fruits, vegetables and derived products in general
Tanzania TZA/615 06/09/2021 08/08/2021
(Pumpkin pulp flour)
Audio, video and audiovisual systems in general
Thailand THA/617 06/08/2021 08/07/2021 (Audio/video, information and communication tech-
nology equipment)

Thailand THA/618 06/09/2021 07/15/2021 Plastic bags for food

Thailand THA/619 06/09/2021 07/15/2021 Plastic utensils for food

Thailand THA/620 06/09/2021 07/15/2021 Plastic utensils for food

Thailand THA/621 06/09/2021 07/15/2021 Plastic utensils for food

Thailand THA/622 06/09/2021 07/15/2021 Microw aveable food plastic bag for reheating
Not given
Thailand THA/580/Add.1 06/14/2021 Tea infusion (HS code 0902)
by country
Food products containing cannabidiol extract, bev-
Thailand THA/623 06/14/2021 07/14/2021 erage and food supplement containing cannabidiol
extract
Non-refractory mortars and concretes (HS 382450)
Trinidad and Tobago TTO/129 06/10/2021 08/09/2021
(Ready-mixed concrete)

Trinidad and Tobago TTO/130 06/14/2021 08/13/2021 Cables

Not given
Turkey TUR/182/Add.1 06/16/2021 Electric motors and variable speed drives
by country

Turkey TUR/184 06/17/2021 07/03/2021 Aerosol Dispensers

Cosmetic products, any substance or mixture in-
tended to be placed in contact w ith the external
parts of the human body (epidermis, hair system,
nails, lips, and external genital organs) or w ith the
Turkey TUR/185 06/17/2021 08/16/2021 teeth and the mucous membranes of the oral cavity
w ith a view exclusively or mainly to cleaning them,
perfuming them, changing their appearance, pro-
tecting them, keeping them in good condition or cor-
recting body odours, are covered.
Sodium hypochlorite for w ater treatment; Hypo-
Uganda UGA/1334 06/08/2021 08/07/2021 chlorites, chlorites and hypobromites (excl. calcium
hypochlorites) (HS 282890)
Polyamines; Acyclic polyamines and their deriva-
Uganda UGA/1335 06/08/2021 08/07/2021 tives; salts thereof (excl. ethylenediamine and hexa-
methylenediamine, and their salts) (HS 292129)
Bath oil; Perfumed bath salts and other bath and
Uganda UGA/1336 06/08/2021 08/07/2021
show er preparations (HS 330730)
Articles of apparel and clothing accessories, for all
purposes, of vulcanised rubber (excl. hard rubber
Uganda UGA/1337 06/08/2021 08/07/2021
and footw ear and headgear and parts thereof, and
gloves, mittens and mitts) (HS 401590)
Gloves, mittens and mitts, of vulcanised rubber
Uganda UGA/1338 06/08/2021 08/07/2021
(excl. surgical gloves) (HS 401519)
Tomatoes, prepared or preserved otherw ise than by
Uganda UGA/1339 06/08/2021 08/07/2021 vinegar or acetic acid (excl. w hole or in pieces) (HS
200290)

International Trade Compliance Update | July 2021 87

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Edible mushrooms; Fresh or chilled edible mush-

Uganda UGA/1340 06/08/2021 08/07/2021 rooms and truffles (excl. mushrooms of the genus
“Agaricus”) (HS 070959)

Uganda UGA/1341 06/08/2021 08/07/2021 Canned vegetables

Canned fruit cocktail; Fruit and other edible parts of
plants, prepared or preserved, w hether or not con-
taining added sugar or other sw eetening matter or
spirit (excl. prepared or preserved w ith vinegar, pre-
served w ith sugar but not laid in syrup, jams, fruit
Uganda UGA/1342 06/08/2021 08/07/2021
jellies, marmalades, fruit purée and pastes, ob-
tained by cooking, and nuts, groundnuts and other
seeds, pineapples, citrus fruits, pears, apricots,
cherries, peaches, straw berries, palm hearts and
cranberries) (HS 200899)
Pumpkin pulp flour; Food preparations, n.e.s (HS
Uganda UGA/1343 06/08/2021 08/07/2021
210690)

Uganda UGA/1344 06/08/2021 08/07/2021 Paints and varnishes (Tw o-pack epoxy primer)
Paints and varnishes (Tw o-pack epoxy zinc phos-
Uganda UGA/1345 06/08/2021 08/07/2021
phate w eldable primer)

Uganda UGA/1346 06/08/2021 08/07/2021 Paints and varnishes (Single pack and tw o-pack)
Paints and varnishes (Black bituminous paints for
Uganda UGA/1347 06/08/2021 08/07/2021
cold application)

Uganda UGA/1348 06/08/2021 08/07/2021 Paints and varnishes (Water based undercoat)
Ceramic/pottery handicrafts; Basketw ork, w icker-
w ork and other articles, made directly to shape from
non-vegetable plaiting materials or made up from
goods of non-vegetable plaiting materials of head-
Uganda UGA/1349 06/14/2021 08/13/2021 ing 4601 (excl. w allcoverings of heading 4814;
tw ine, cord and rope; footw are and headgear and
parts thereof; vehicles and vehicle superstructures;
goods of chapter 94, e.g. furniture, lighting fixtures)
(HS 460290)

Uganda UGA/1350 06/14/2021 08/13/2021 (HS 62) (Textiles - Garments)

Uganda UGA/1351 06/14/2021 08/13/2021 (HS 6105, 6106 ) (Garments - shirts)

Uganda UGA/1352 06/14/2021 08/13/2021 Trousers, Shorts (HS 6103)

Uganda UGA/1353 06/14/2021 08/13/2021 (HS 6104) (Skirts and dresses)

Uganda UGA/1354 06/14/2021 08/13/2021 Jackets (HS 6103 , 6104)

Uganda UGA/1355 06/14/2021 08/13/2021 Boxers (HS 6107)

Uganda UGA/1356 06/14/2021 08/13/2021 (HS 6107, 6108) (Underw ear - Briefs)

Uganda UGA/1357 06/14/2021 08/13/2021 (HS 6108) (Underw ear - Panties)

Ukraine UKR/193 06/07/2021 08/06/2021 Ventilation systems

Local heaters w ith a rated thermal input of 50 kW or
Ukraine UKR/194 06/07/2021 08/06/2021 less and commercial local heaters w ith a rated ther-
mal input or a single segment of 120 kW or less
Not given
Ukraine UKR/151/Add.2 06/15/2021 Equipment for use outdoors
by country

International Trade Compliance Update | July 2021 88

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Not given
Ukraine UKR/182/Add.1 06/15/2021 Detergents
by country
Not given
Ukraine UKR/185/Add.1 06/15/2021 Natural mineral w ater and spring w ater
by country
Electric mains-operated blast cabinets, and electric
mains-operated professional refrigerated storage
Ukraine UKR/195 06/16/2021 08/15/2021 cabinets including those sold for the refrigeration of
foodstuffs and animal feed, condensing units oper-
ating at low or medium temperature or both
United Arab Emirates ARE/499 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)
United Arab Emirates ARE/500 06/04/2021 08/03/2021 Cheese (Edam cheese)
United Arab Emirates ARE/501 06/04/2021 08/03/2021 Cheese (Gouda cheese)
United Arab Emirates ARE/502 06/04/2021 08/03/2021 Cheese (Brie cheese)
United Arab Emirates ARE/503 06/04/2021 08/03/2021 Cheese (Camembert cheese)
United Arab Emirates ARE/504 06/07/2021 08/06/2021 Cheese
United Arab Emirates ARE/505 06/07/2021 08/06/2021 Cheese
Not given
United Kingdom GBR/39/Add.1 06/03/2021 Covid-19 detection test regulation HS 3822
by country
USA/931/Rev.1/ Not given
United States 05/31/2021 Ceiling fans
Add.1 by country
Not given Broadband and mobile services, w ireless telecom-
United States USA/1727/Add.1 05/31/2021
by country munications
Broadband and mobile services, w ireless telecom-
United States USA/1736 05/31/2021 06/28/2021
munications
Portable air conditioners; Air conditioning machines,
comprising a motor-driven fan and elements for
Not given
United States USA/1600/Rev.1 06/03/2021 changing the temperature and humidity, including
by country
those machines in w hich the humidity cannot be
separately regulated (HS 8415)
Not given
United States USA/649/Rev.1 06/07/2021 Fluorescent lamps, incandescent lamps (HS 9405)
by country
Not given
United States USA/861/Add.7 06/07/2021 Ceiling fans
by country
Not given
United States USA/996/Add.3 06/07/2021 Residential dehumidifiers
by country
Not given
United States USA/1062/Add.7 06/07/2021 Ceiling fans (HS 8414.51)
by country
Animal confinement; LIVE ANIMALS (HS 01); Qual-
United States USA/1737 06/07/2021 07/12/2021
ity, Farming and forestry
Not given
United States USA/1623/Add.1 06/09/2021 Chemical substances
by country
Not given
United States USA/1628/Add.1 06/09/2021 Chemical substances
by country
Not given
United States USA/1635/Add.1 06/09/2021 Chemical substances
by country
Children's products; Furniture and parts thereof,
Not given
United States USA/1642/Add.1 06/09/2021 n.e.s. (excl. seats and medical, surgical, dental or
by country
veterinary furniture) (HS 9403)
Not given
United States USA/1671/Add.1 06/09/2021 Chemical substances
by country

International Trade Compliance Update | July 2021 89

 Baker McKenzie

Final Date
Member Notification Date Issued for Merchandise Covered
Comments

Not given
United States USA/1708/Add.1 06/09/2021 Model 737-800 airplane; structure-mounted airbags
by country
Not given Milk and cream products and yogurt products (HS
United States USA/446/Add.1 06/14/2021
by country 0403.10, 1901.90)
Not given
United States USA/865/Add.2 06/14/2021 Commercial refrigeration equipment (HS 8415)
by country
United States USA/1738 06/14/2021 08/09/2021 Unfired hot w ater storage tanks
Firearms equipped w ith stabilizing braces; Revolv-
ers and pistols (excl. those of heading 9303 or 9304
United States USA/1739 06/14/2021 09/08/2021 and sub-machine guns for military purposes) (HS
9302); Parts and accessories for w eapons and the
like of heading 9301 to 9304, n.e.s (HS 9305)
United States USA/1740 06/14/2021 07/12/2021 Chemical substances
Not given Split peas; Fresh or chilled peas “Pisum sativum”,
United States USA/1652/Add.2 06/16/2021
by country shelled or unshelled (HS 070810)
Lentils; Fresh or chilled leguminous vegetables,
shelled or unshelled (excl. peas “Pisum sativum”
Not given
United States USA/1654/Add.2 06/16/2021 and beans “Vigna spp., Phaseolus spp.”) (HS
by country
070890); Dried, shelled lentils, w hether or not
skinned or split (HS 071340)
Walk-in coolers and w alk-in freezers. Refrigerators,
USA/1189/Rev.1 Not given freezers and other refrigerating or freezing equip-
United States 06/18/2021
/Add.2 by country ment, electric or other; heat pumps other than air
conditioning machines of heading 84.15 (HS 8418)

Viet Nam VNM/193 06/21/2021 08/20/2021 Product and goods in general

Yemen YEM/195 06/03/2021 08/02/2021 Cheese (Mozzarella cheese)

Yemen YEM/196 06/04/2021 08/03/2021 Cheese (Edam cheese)

Yemen YEM/197 06/04/2021 08/03/2021 Cheese (Gouda cheese)

Yemen YEM/198 06/04/2021 08/03/2021 Cheese (Brie cheese)

Yemen YEM/199 06/04/2021 08/03/2021 Cheese (Camembert cheese)

Yemen YEM/200 06/07/2021 08/06/2021 Cheese

Yemen YEM/201 06/07/2021 08/06/2021 Cheese

Yemen YEM/202 06/22/2021 08/21/2021 Cosmetics. Toiletries

CBP RULINGS: DOWNLOADS AND SEARCHES

As US Customs and Border Protection (CBP) issues several thousand rulings a
year, it is not practical to list each ruling. However, almost all rulings issued by
US Customs or CBP from 1993 to the present and many issued before 1993 are
available for search and downloading using the CROSS search engine. Over
204,000 such rulings are in the database.

International Trade Compliance Update | July 2021 90

 Baker McKenzie

CBP RULINGS: REVOCATIONS OR MODIFICATIONS

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

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

PROPOSED REVOCATIONS/MODIFICATIONS
Tariff classification of a 9027.50.80 Products are subject to
Portable Food Allergen De- Sec. 301 sec. 301 remedy if
(P) 06-09-21 tection Device, Single-Use NY N305614 M
does not ap-
HQ H316429
products of China (C) 07-09-21
Pods and a Starter Kit ply (9903.88.01)
Tariff classification of a cer-
(P) 06-16-21 tain devices know n as net- NY N301141 R 8517.62.0020 HQ H316155 8517.62.0090 [GRI 1, 6; (C) 07-16-21
w ork adapters
8543.70.40
Tariff classification of Wi-Fi
NY N255515 M (now HQ H276956 8531.80.90 [GRI 1, 6]
infrared motion sensors
8543.70.45)
8518.40.20 [GRI 1, 3(b),
(P) 06-23-21 NY N283085
Tariff classification of cer- 6 ; Sec. XVI N1(m); EN] (C) 07-23-21
tain hearing amplification NY N166443 R 9021.40.00 HQ H313006
devices 8518.40.20 [GRI 1, 6 ;
NY N025447
Sec. XVI N1(m); EN]
NY D80822
REVOCATIONS/M ODIFICATIONS
Tariff classification of hard NY N315004
R 2203.00.00 HQ H314978 2206.00.90 [GRI 1; ENs]
seltzer NY N313678
Watch=c/o of Duty of movement, case
(A) 06-02-21 Country of origin of certain movement but and battery=c/o (E) 08-01-21
HQ H304105
w ristwatches produced in M c/o of case HQ H306338 movement; duty of
HQ H047115
more than one country did not w ristband=separate c/o
change [Chap 91 AUSN 1-3]
NY N086942 6117.80.95
NY N080395
Tariff classification of textile NY N003909 6406.90.15 [GRI 1, 6;
(A) 06-09-21 leg coverings. M HQ H239482 (E) 08-08-21
NY G88706 6117 Sec. XI Note 1(n); ENs]
NY D85843
NY D83322
2530.90.80 (amber)
NY F86134 9602.00.50 (buffed
tones)
Tariff classification of cer- (E) 08-22-21
NY N004112
tain mineral stones—spe-
(A) 06-23-21 R 9705.00.00 HQ H311301 2520.10.00 (selenite)
cifically, amber, selenite, NY N004200
calcite and aragonite
NY N015557 7103.10.20 (argonite)
[GRI 1; Chaps.25, 71,,
96,97 LNs; Ens]

International Trade Compliance Update | July 2021 91

 Baker McKenzie

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

A flexible article (so-called pool noodle) 3926 90 97 Classification is determined by general rules 1 and
made of cellular plastics (plastic foam) in 6 for the interpretation of the Combined Nomen-
the shape of a hollow tube of a length of ap- clature and by the w ording of CN codes 3926,
proximately 1 m and a diameter of approxi- 3926 90 and 3926 90 97 .
mately 8 cm. Classification under heading 9506 as articles and
The article floats on w ater and is presented equipment for general physical exercise, gymnas-
to be used as a buoyancy aid, complying tics, athletics, other sports or outdoor games is ex-
w ith a European standard for buoyancy aids cluded, because due to its simple, common shape
for sw imming instruction (EN 13138- the article cannot be identified as an article de-
2:2014). The article is also shock-absorbent signed for physical exercise or sports of heading
and thermally insulating. 9506, although due to its floating abilities the arti-
See images cle complies w ith the standard for buoyancy aids
for sw imming instructions. Moreover, due to its
(EU) 2021/909 simple shape and common material, the article
31-05-21 could be used for various purposes (for example,
as shock absorbing protective products that are
w rapped around poles, thermal insulation prod-
ucts that are w rapped around pipes, products for
the amusement of kids).
Likew ise, classification under heading 9503 as
other toys is excluded, because the article cannot
clearly be identified as an article for the amuse-
ment of kids or adults given its design.
Consequently, the article is to be classified ac-
cording to its constituent material (plastics).
The article is therefore to be classified under CN
code 3926 90 97 as other articles of plastics.
Cermet sticks w ith a uniform round cross- 8113 00 90 Classification is determined by general rules 1
section. The articles of varying lengths and and 6 for the interpretation of the Combined No-
diameters can be solid or they can be perfo- menclature, note 4 to Section XV and by the w ord-
rated and have cooling channels, w ith blunt ing of the CN codes 8113 00 and 8113 00 90.
ends. Some of the articles may also have Classification under CN code 8209 00 80 as sticks
been chamfered. and the like for tools, unmounted, of cermets is
The articles are made of cermet, namely of excluded as the articles can be used for tools and
sintered metal carbide on the basis of tung- as tools only if further processed and are also suit-
(EU) 2021/910 sten carbide w ith cobalt as the binding sub- able for other uses.
31-05-21 stance. The articles fall w ithin the scope of heading 8113 ,
Based on their low degree of processing, w hich covers cermets, w hether unw rought or in
simple form and shape, the articles can be the form of articles not elsew here specified in the
used for a w ide range of uses, for example, Combined Nomenclature (see also Harmonized
as reinforcement elements. If further pro- System Explanatory Notes to heading 8113 , sixth
cessed, the articles may be used for tools paragraph).
and as tools. Consequently, the articles are to be classified un-
der CN code 8113 00 90 as cermets and other ar-
ticles thereof.

International Trade Compliance Update | July 2021 92

 Baker McKenzie

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

Furniture rollers consisting of: 4421 99 10 Classification is determined by general rules 1,

— a w ood-based panel (fibreboard panel 3(b) and 6 for the interpretation of the Combined
w ith rounded corners and edges); Nomenclature, note 3 to Chapter 44 and by the
w ording of the CN codes 4421, 4421 99 and
— plastic anti-slip pads on the upper side of 4421 99 10.
the panel;
Classification under CN code 8716 80 00 as other
— plastic rollers;
vehicles, not mechanically propelled is excluded
— metal brackets in order to mount the as the objective characteristics and properties of
plastic rollers on the underside of the the article do not fully correspond w ith the terms of
panels. heading 8716 and CN code 8716 80 00.
The article has a handle recess in order to Given its objective characteristics and properties,
carry the article, for example, by hand or to including a handle recess not used for pushing the
suspend the article on a w all. article by foot or by hand, and its design for trans-
The article is designed to be used for trans- portation of heavy objects such as furniture by
portation of various objects, notably of furni- pushing the objects, the article is not designed to
ture and of any other heavy objects. be tow ed by other vehicles, to be pushed or pulled
by hand, to be pushed by foot or to be draw n by
(see image)
animals (see also the Harmonized System Ex-
(EU) 2021/911 planatory Notes to heading 8716, second para-
31-05-21 graph).
The article cannot be deemed to be a vehicle
since it lacks some of the characteristics and
properties of a hand- or foot-propelled vehicle of
heading 8716 by not being a cart, a truck, a bar-
row or a trolley or by not being composed of a
specific part of a vehicle such as a chassis.
Consequently, the article is to be classified ac-
cording to its constituent material.
The article is a composite product consisting of
different materials (w ood, plastic and metal). The
component that gives the article its essential char-
acter is w ood, as the w ooden panel constitutes
the main part of the composite product and as the
w ooden panel is of most significance for the in-
tended use of the article.
Consequently, the article is to be classified under
CN code 4421 99 10 as other articles of fibre-
board.
A modular article w ith sound absorbing and 7610 90 90 Classification is determined by general rules 1,
sound insulating properties (so called 2(a), 3(b) and 6 for the interpretation of the Com-
‘Room in room system’). When assembled, bined Nomenclature, and by the w ording of CN
it measures approximately 3 m in w idth, be- codes 7610 , 7610 90 and 7610 90 90 .
tw een 2 and 6 m in length and 2,3 m in Classification under heading 9406 is excluded as
height, and its w alls have a thickness of ap- the article is not a stand-alone complete or incom-
proximately 40 mm. plete ‘prefabricated building’ as it can be consid-
ered neither housing, w orksite accommodation
(EU) 2021/956 It consists of a cubical frame made of alu-
minium, joined by a series of metal corners nor similar building (see also note 4 to Chapter 94
31-05-21
and panels, w hich are placed on the sides and the Harmonized System Explanatory Notes to
and the top of the structure. heading 9406 ). It is not suitable for outdoor use
as it is not considered to be w eatherproof. The ar-
Each panel consists of a printed polyester ticle is a special construction to be erected inside
acoustic layer of fireproof fabric on one side an existing finished building.
and a laminated w ood particles board on The article is a composite product, w here the es-
the other side. The interior of the panel is sential character is given by the constructive ele-
padded w ith rock w ool (100 kg/m3 density).

International Trade Compliance Update | July 2021 93

 Baker McKenzie

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

The ceiling is made of polyester panels and ment (aluminium frame). It is therefore to be clas-
support aluminium joists. The article is also sified according to the constituent material of that
fitted w ith a door, w indow s, an LED lighting component.
system and a ventilation system. Consequently, the article is to be classified under
The article is designed as a special con- CN code 7610 90 90 as other aluminium struc-
struction to be erected inside an existing fin- tures.
ished building, as it offers no w eather pro-
tection. It is presented to be used in open-
plan offices as an enclosed area for confi-
dential discussions, or to create a quiet
zone.
See image

Oval shaped article measuring approxi- 6306 90 00 Classification is determined by general rules (GIR)
mately 180 cm in length and 95 cm at its 1, 3(b) and 6 for the interpretation of the Com-
w idest point. It consists of a loosely cro- bined Nomenclature (CN), by note 7(f) to Section
cheted textile fabric creating a net-like struc- XI of the CN and by the w ording of CN codes
ture attached to an inflatable tube of plastics 6306 and 6306 90 00 .
framing the textile fabric. An inflatable pillow
of plastics is attached to one side of the The article is a composite good consisting of dif-
tube. The tube and pillow are completely ferent materials (textile fabrics and plastics) w ithin
the meaning of GIR 3(b).
encased by a w oven textile fabric of syn-
thetic filament yarn. Classification under CN code 3926 90 97 as other
articles of plastics is excluded, because the article
(EU) 2021/957 The external surface of the article is com- has the objective characteristics of a textile article
31-05-21 pletely of textile materials, w hich prevail
over the plastics in volume. Especially the w hen looked at, touched or lied on due to its ex-
net-like structure w here a user lies is exclu- ternal surface material of exclusively textile mate-
sively of textile material. How ever, plastics rial. Although the plastics play an important role in
prevail over the textile materials in w eight relation to the use of the article as a floating de-
and value. vice, the net-like textile fabrics in the middle are
essential to allow a person to lie on the device
The article is designed to float on w ater, w hile floating. Therefore, overall the textile materi-
similarly to a pneumatic w ater mattress. als (external surface material, crocheted net-like
textile fabric) give the article its essential character
See image w ithin the meaning of GIR 3(b).

International Trade Compliance Update | July 2021 94

 Baker McKenzie

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

Given the objective characteristics of the article

(designed to be taken along to different places
and to be used there temporarily, lightw eight, easy
to transport and to set-up, similarity to pneumatic
mattresses) it is an article for camping. See also
the CN Explanatory Note to heading 6306 90 00
and the Harmonized System Explanatory Notes to
6306 , first paragraph, point (5).
The article is therefore to be classified under CN
code 6306 90 00 as camping goods.

SECTION 337 ACTIONS

In the United States, section 337 of the Tariff Act of 1930 as amended (19 U.S.C.
§1337) provides in rem relief from unfair practices in import trade, including unfair
methods of competition in the importation of articles, importation and sale in
the United States of articles which infringe US patents, registered trademarks,
copyrights or mask works. Listed below are 337 actions published during the
past month by the US International Trade Commission, the independent United
States agency charged with enforcement of section 337.

Inv. № Commodity Action

(RESCISSION )] Commission Decision to Institute a Rescission Pro-

Certain Lithium Ion Batteries, Battery Cells,
ceeding; Permanent Rescission of a Limited Exclusion Order and
337–TA–1159 Battery Modules, Battery Packs, Compo-
Cease and Desist Orders; Termination of the Rescission Proceed-
nents Thereof, and Processes Therefor
ing
Certain Foodservice Equipment and Com-
337–TA–1166 Notice of Request for Submissions on the Public Interest
ponents Thereof
Certain Laparoscopic Surgical Staplers,
337–TA–1167 Reload Cartridges, and Components Notice of Request for Submissions on the Public Interest
Thereof
Certain Lithium-Ion Battery Cells, Battery
Commission Determination To Grant a Joint Motion To Terminate
Modules, Battery Packs, Components
337–TA–1181 the Investigation on the Basis of a Settlement Agreement; Termi-
Thereof, and Products Containing the
nation of the Investigation
Same
Certain Balance Armature Devices, Prod- Notice of Request for Submissions on the Public Interest
337–TA–1186 ucts Containing Same, and Components [This was originally posted on the Public Inspection website but was withdrawn due to
Thereof cancellation of the [Federal Register due to the Junettenth holiday]

Commission Determination Not To Review an Initial Determination

Certain Integrated Circuits and Products
337–TA–1246 Granting Complainant’s Motion To Terminate the Investigation
Containing the Same
Based on Settlement; Termination of the Investigation

International Trade Compliance Update | July 2021 95

 Baker McKenzie

Inv. № Commodity Action

Certain Cellular Signal Boosters, Repeat- Commission Determination Not to Review an Initial Determination
337–TA–1249 ers, Bi-Directional Amplifiers, and Compo- Granting a Joint Motion to Terminate the Investigation Based on
nents Thereof (I) Settlement; Termination of the Investigation
Certain Cellular Signal Boosters, Repeat- Commission Determination Not To Review an Initial Determination
337–TA–1250 ers, Bi-Directional Amplifiers, and Compo- Terminating the Investigation Based on Settlement; Termination of
nents Thereof (II) the Investigation
Certain Cellular Signal Boosters, Repeat-Commission Determination Not to Review an Initial Determination
337–TA–1251 ers, Bi-Directional Amplifiers, and Compo-
Terminating the Investigation Based on Settlement; Termination of
nents Thereof (III); the Investigation
Certain Organic Light-Emitting Diode Dis-Commission Determination Not to Review Tw o Initial Determina-
337–TA–1257 plays, Components Thereof, and Products tions Terminating the Investigation w ith Respect to Certain Re-
Containing Same spondents; Termination of Investigation
Notice of Commission Determination Not to Review an Initial De-
Certain Toner Supply Containers and Com-
337–TA–1259 termination Granting Complainants’ Motion for Leave to Amend the
ponents Thereof (I)
Complaint and Notice of Investigation
Commission Determination Not To Review an Initial Determination
Certain Toner Supply Containers and Com-
337–TA–1260 Granting Complainants ’ Unopposed Motion To Amend the Com-
ponents Thereof (II)
plaint and Notice of Investigation
Certain Pow er Inverters and Converters,
Institution of an investigation based on a complaint filed on behalf
337–TA–1267 Vehicles Containing the Same, and Com-
of Arigna Technology Limited alleging patent infringement
ponents Thereof

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

Ref. № Commodity Complaint filed on behalf of:

Certain Netw orking Devices, Computers, and Components

DN 3550 Proven Netw orks, LLC
Thereof
DN 3551 Certain Casual Footw ear and Packaging Thereof Crocs, Inc.
Advanced Silicon Group Technologies, LLC
Certain Silicon Photovoltaic Cells and Modules w ith Nanostruc- [This was originally posted on the Public Inspection website but
DN 3552 was withdrawn due to cancellation of the [Federal Register due
tures, and Products Containing the Same
to the Junettenth holiday]
DN 3553 Certain Integrated Circuits and Products Containing Same MediaTek Inc. and MediaTek USA Inc.

ANTIDUMPING, COUNTERVAILING DUTY AND SAFE-

GUARDS INVESTIGATIONS , ORDERS & REVIEWS
In order to assist our clients in planning, we are listing antidumping, countervail-
ing duty and safeguards notices published or posted during the past month from
the US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other
countries. (Click on blue text for link to official document.)
Key: AD, ADD=antidumping, antidumping duty; CV, CVD=countervailing duty or
subsidy; LTFV=less than fair value.

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

Case № Merchandise/Country Action

Certain Corrosion-Resistant Steel Products Final Results and Partial Rescission of CVD Administrative Re-
C–580–879
From S. Korea view ; 2018

International Trade Compliance Update | July 2021 96

 Baker McKenzie

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

Case № Merchandise/Country Action

Preliminary Results of ADD Administrative Review and Partial Re-

A–523–808 Certain Steel Nails From Oman
scission of ADD Administrative Review ; 2019-2020
Final Results of the Expedited First Five-Year Sunset Review of
C–560–829 Certain Uncoated Paper From Indonesia
the CVD Order
A–533–875 Fine Denier Polyester Staple Fiber From India Final Results of ADD Administrative Review ; 2018-2019
A–570–947
Steel Grating From China Continuation of AD and CVD Orders
C–570–948
A–602–807 Uncoated Paper From Australia,
A–560–828 Final Results of the Expedited First Sunset Review s of the ADD
A–351–842 Brazil, China, Indonesia, and
A–471–807 Orders
A–570–022 Portugal
A–570–051 Certain Hardw ood Plyw ood Products From Final Results of Changed Circumstances Review s, and Revocation
C–570–052 China of the AD and CVD Orders in Part
Postponement of Preliminary Determination in the CVD Investiga-
C–533–902 Organic Soybean Meal From India
tion
Certain Cut-to-Length Carbon Steel Plate Agreement Suspending the AD Investigation; Final Results of Ad-
A–823–808
From Ukraine ministrative Review ; 2018–2019
Seamless Carbon and Alloy Steel Standard, Final Results of Expedited Second Sunset Review of the CVD Or-
C–570–957
Line, and Pressure Pipe From China der
Circular Welded Carbon Steel Pipes and Preliminary Results of CVD Administrative Review and Intent To
C–489–502
Tubes From Turkey Rescind the Review , in Part; Calendar Year 2019
Preliminary Affirmative Determination of Sales at LTFV, Postpone-
A–549–843 Polyester Textured Yarn From Thailand ment of Final Determination, and Extension of Provisional
Measures
Preliminary Affirmative Determination of Sales at LTFV, Postpone-
A–560–838 Polyester Textured Yarn From Indonesia ment of Final Determination, and Extension of Provisional
Measures
Preliminary Affirmative Determination of Sales at LTFV, Postpone-
A–557–823 Polyester Textured Yarn From Malaysia ment of Final Determination, and Extension of Provisional
Measures
Preliminary Affirmative Determination of Sales at LTFV, Postpone-
A–552–832 Polyester Textured Yarn From Vietnam ment of Final Determination, and Extension of Provisional
Measures
Postponement of Preliminary Determination in the LTFV Investiga-
A–570–137 Pentafluoroethane (R–125) From China
tion
Preliminary Results of the ADD Administrative Review and Prelimi-
A–351–842 Certain Uncoated Paper From Brazil
nary Successor-in-Interest Determination; 2019-2020
Preliminary Results of the Administrative Review of the ADD Or-
A–471–807 Certain Uncoated Paper From Portugal
der; 2019-2020
A–560–837 Prestressed Concrete Steel Wire
A–469–821
A–475–843 Strand From Indonesia, Italy,
A–723–001 ADD Orders
A–557–819 Malaysia, South Africa, Spain,
A–823–817
A–791–826 Tunisia, and Ukraine
Certain Corrosion-Resistant Steel Products Affirmative Final Determination of Circumvention Involving Malay-
A–583–856
From Taiw an sia
A–570–026 Certain Corrosion-Resistant Steel Products
Final Determination of Circumvention Involving Malaysia
C–570–027 From China
A–570–026 Certain Corrosion-Resistant Steel Products Negative Final Determination of Circumvention Involving South Af-
C–570–027 From China rica
Final Results of the Expedited Five-Year Sunset Review of the
C–570–023 Certain Uncoated Paper From China
CVD Order
Floor-Standing, Metal-Top Ironing Tables and
A–570–888 Final Results of Expedited Third Sunset Review of the A DD Order
Certain Parts Thereof From China

International Trade Compliance Update | July 2021 97

 Baker McKenzie

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

Case № Merchandise/Country Action

Polyethylene Terephthalate Film, Sheet, and

C–533–825 Final Results of CVD Administrative Review ; 2018; Correction
Strip From India
A–570–001 Potassium Permanganate From China Final Results of Expedited Fifth Sunset Review of the ADD Order
A–475–059 Pressure Sensitive Plastic Tape From Italy Final Results of Sunset Review and Revocation of ADD Finding
Seamless Carbon and Alloy Steel Standard,
A–570–956 Final Results of the Expedited Sunset Review of the ADD Order
Line and Pressure Pipe From China
1,1,1,2-Tetrafluoroethane (R-134a) From
A–570–044 Final Results of ADD Administrative Review ; 2019-2020
China
Certain Walk-Behind Snow Throw ers and Postponement of Preliminary Determination in the CVD Investiga-
C–570–142
Parts Thereof From China tion
Circular Welded Carbon Steel Pipes and Preliminary Results of ADD Administrative Review and Preliminary
A–549–502
Tubes From Thailand Determination of No Shipments; 2019-2020
A–570–010 Crystalline Silicon Photovoltaic Products From
Notice of Rescission of Changed Circumstances Review s
C–570–011 China
Emulsion Styrene-Butadiene Rubber From
A–351–849 Preliminary Results of ADD Administrative Review ; 2019-2020
Brazil
Narrow Woven Ribbons w ith Woven Selvedge
A–583–844 Rescission of ADD Administrative Review ; 2019-2020
From Taiw an
C–570–059 Certain Cold-Draw n Mechanical Tubing of Car-
CVD Orders; correction
C–533–874 bon and Alloy Steel From China and India
Preliminary Determination of No Shipments in the A DD Administra-
A–583–854 Certain Steel Nails From Taiw an
tive Review ; 2019-2020
Emulsion Styrene-Butadiene Rubber From
A–351–849 Final Results of ADD Administrative Review ; 2018-2019
Brazil
C–557–822 Utility Scale Wind Tow ers From Malaysia Final Affirmative CVD Determination
Final Results of ADD Administrative Review , Final Determination of
A–580–867 Large Pow er Transformers From S. Korea No Shipments, and Final Successor-in-Interest Determination;
2018-2019
Passenger Vehicle and Light Truck Tires From
A–583–869 Final Affirmative Determination of Sales at LTFV Correction
Taiw an
A–570–007 Barium Chloride From China Continuation of ADD Order
Certain Frozen Warmw ater Shrimp From Final Results of ADD Administrative Review and Final Determina-
A–570–893
China tion of No Shipments; 2019-2020
Notice of Court Decision Not in Harmony w ith Final Scope Ruling
A–570–051 Certain Hardw ood Plyw ood Products From
and Notice of Amended Final Scope Ruling Pursuant to Court De-
C–570–052 China
cision
A–570–092 Mattresses From China Rescission of 2020 ADD New Shipper Review
Notice of Court Decision Not in Harmony w ith the Results of the
A–533–810 Stainless Steel Bar From India
ADD Administrative Review ; Notice of Amended Final Results
A–533–899 Granular Polytetrafluoroethylene Resin From Postponement of Preliminary Determinations in the LTFV Investi-
A–821–829 India and the Russian Federation gations
A–533–838
Carbazole Violet Pigment 23 From India and
A–570–892 Continuation of AD and CVD Orders
China
C–533–839
C–570–971 Multilayered Wood Flooring From China Partial Rescission of CVD Administrative Review ; 2019
A–570–040 Truck and Bus Tires From China Rescission of ADD Administrative Review ; 2020-2021
A–580–874 A–583–854 Certain Steel Nails From S Korea,
A–557–816 A–552–818 Malaysia, the Sultanate of Oman, Continuation of AD and CVD Orders
A–523–808 C–552–819 Taiw an, and Vietnam
Standard Steel Welded Wire Mesh From Mex-
A–201–853 Final Determination of Sales at LTFV
ico

International Trade Compliance Update | July 2021 98

 Baker McKenzie

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

Case № Merchandise/Country Action

Certain Softw ood Lumber Products from Can-

A–122–857 Notice of Final Results of ADD Changed Circumstances Review
ada
Final Results of ADD Administrative Review and Final Determina-
A–570–909 Certain Steel Nails From China
tion of No Shipments; 2018-2019
Final Results of ADD Administrative Review and Final Determina-
A–533–871 Finished Carbon Steel Flanges From India
tion of No Shipments; 2018-2019
Prestressed Concrete Steel Wire Strand From
A–549–820 Partial Rescission of ADD Administrative Review ; 2020
Thailand
Seamless Refined Copper Pipe and Tube Final Affirmative Determination of Sales at LTFV and Final Nega-
A–552–831
From Vietnam tive Determination of Critical Circumstances
A–557–820 Silicon Metal From Malaysia Fi LTFVnal Affirmative Determination of Sales at
Certain Softw ood Lumber Products From Can- Notice of Initiation and Preliminary Results of CVD Changed Cir-
C–122–858
ada cumstances Review
Preliminary Affirmative CVD Determination and Alignment of Final
C–570–138 Pentafluoroethane (R-125) From China
Determination w ith Final ADD Determination
A–469–823 Utility Scale Wind Tow ers From Spain Final Determination of Sales at LTFV
Certain Cold-Draw n Mechanical Tubing of Car-
C–533–874 Preliminary Results of CVD Administrative Review ; 2019
bon and Alloy Steel From India
Certain Cut-to-Length Carbon-Quality Steel
A–580–836 Preliminary Results of ADD Administrative Review ; 2019-2020
Plate Products From S. Korea
A–533–840 Certain Frozen Warmw ater Shrimp From India Preliminary Results of ADD Administrative Review ; 2019-2020
Notice of Court Decision Not in Harmony w ith the Results of the
Circular Welded Carbon Steel Standard Pipe
A-489–501 2017-2018 ADD Administrative Review ; Notice of Amended Final
and Tube Products From Turkey
Results
Preliminary Results of ADD Administrative Review , Partial Rescis-
sion of AD Administrative Review , Preliminary Determination of No
A–570–073 Common Alloy Aluminum Sheet From China
Shipments, and Preliminary Successor-in-Interest Determination;
2018-2020
Preliminary Results of CVD Administrative Review , Rescission of
C–570–074 Common Alloy Aluminum Sheet From China
Review , in Part, and Intent to Rescind, in Part; 2018-2019
Light-Walled Rectangular Pipe and Tube From
A–201–836 Final Results of ADD Administrative Review ; 2018-2019
Mexico
Preliminary Results of CVD Administrative Review , and Rescission
C–570–041 Truck and Bus Tires From China
of Review , in Part; 2019
Preliminary Results of ADD Administrative Review , and Preliminary
A–570–904 Certain Activated Carbon From China
Determination of No Shipments; 2019-202
Certain Cold-Draw n Mechanical Tubing of Car-
A–553–873 Preliminary Results of ADD Administrative Review ; 2019-2020
bon and Alloy Steel From India
Certain Frozen Warmw ater Shrimp From Thai-
A–549–822 Preliminary Results of ADD Administrative Review ; 2019-2020
land
A–570–979 Crystalline Silicon Photovoltaic Cells, Whether Preliminary Results of Changed Circumstances Review s, and In-
C–570–980 or Not Assembled into Modules From China tent to Revoke the AD and CVD Orders, in Part
A–201–842 Large Residential Washers From Mexico Preliminary Results of the ADD Administrative Review ; 2019-2020

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

701–TA–473
Potassium Phosphate Salts From China [SECOND REVIEW ] Scheduling of expedited five-year review s
731–TA–1173

International Trade Compliance Update | July 2021 99

 Baker McKenzie

United States International Trade Commission (USITC)

Inv. № Merchandise/Country Action

Certain Corrosion-Resistant Steel Prod-

701–TA–534-537
ucts From China, India, Italy, Korea, and [REVIEW ] Institution of Five-Year Review s
731–TA–1274-1278
Taiw an
701–TA–540-543 Cold-Rolled Steel Flat Products From
731–TA–1283-1287 Brazil, China, India, Japan, Korea, and [REVIEW ] Institution of Five-Year Review s
and 1290 the United Kingdom
731–TA–1071 Magnesium From China [THIRD REVIEW ] Institution of Five-Year Review
731–TA–1070B Tissue Paper From China [THIRD REVIEW ] Institution of Five-Year Review
701–TA–526
Melamine from China [REVIEW ] Scheduling of expedited five-year review s
731–TA–1262
701–TA–521 [REVIEW ] Determinations that revocation of the CVD order (Vi-
Steel Nails From Korea, Malaysia,
731– TA–1252–1255 etnam) and the ADD orders w ould be likely to lead to continua-
Oman, Taiw an, and Vietnam
and 1257 tion or recurrence of material injury
[THIRD REVIEW ] Determinations that revocation of the CVD order
701–TA–437 Carbazole Violet Pigment 23 From
and the ADD order w ould be likely to lead to continuation or re-
731–TA–1060-1061 China and India
currence of material injury
[FIFTH REVIEW ] Determinations that revocation of the ADD order
731–TA–149 Barium Chloride From China w ould be likely to lead to continuation or recurrence of material
injury
Thermal Paper from Germany, Japan, [FINAL] Scheduling of the Final Phase of Antidumping Duty In-
731–TA–1546-1549
Korea, and Spain vestigations
Raw Honey From Argentina, Brazil, In- [PRELIMINARY ] Determinations that there is a reasonable indica-
731–TA–1560-1564
dia, Ukraine, and Vietnam tion that an industry in the United States is materially injured
701–TA–660-661 Utility Scale Wind Tow ers From India, [FINAL] Cancellation of Hearing for Final Phase CVD and ADD
731–TA–1543-1545 Malaysia, and Spain Investigations
731–TA–125 Potassium Permanganate From China [FIFTH REVIEW ] Scheduling of a Full Five-Year Review
Pressure Sensitive Plastic TapeFfrom It-
AA1921-167 [FIFTH REVIEW ] Termination of Five-Year Review
aly
[REVIEW ] Determinations that revocation of the CVD and ADD
701–TA–525 Certain Welded Line Pipe From Korea
orders w ould be likely to lead to continuation or recurrence of
731–TA–1260-1261 and Turkey
material injury
Thermal Paper From Germany, Japan,
731–TA–1546-1549 [FINAL] Scheduling of Record Closing and Final Comments
Korea, and Spain
Polyester Textured Yarn from Indonesia,
731–TA–1550-1553 {FINAL] Scheduling of the Final Phase of ADD Investigations
Malaysia, Thailand, and Vietnam
FOURTH REVIEW ] Determinations that revocation of the ADD or-
731–TA–753, 754, Cut-to-Length Carbon Steel Plate from der (China) and the termination of the suspended investigations
and 756 China, Russia, and Ukraine (Russia, and Ukraine) w ould be likely to lead to continuation or
recurrence of material injury

Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

Certain hot-rolled deformed steel concrete reinforcing

bar in straight lengths or coils, commonly identified as Finding that the the dumping has caused injury to
NQ-2020-004
rebar, originating in or exported from Algeria, Egypt, In- the domestic industry
donesia, Italy, Malaysia, Singapore and Vietnam,

Dumping and subsidizing; Certain container chassis Notice of commencement of preliminary injury in-
PI-2021-001
and container chassis frames, from China quiry

International Trade Compliance Update | July 2021 100

 Baker McKenzie

Canadian International Trade Tribunal (CITT)

Ref. Number Merchandise/Country Action

Certain Small Pow er Transformers originating in or ex-

ported from Austria, the Separate Customs Territory of
PI-2021-001 Preliminary Determination of Injury
Taiw an, Penghu, Kinmen and Matsu (Chinese Taipei),
and S Korea,

Canada Border Services Agency (CBSA)

Ref. Number Merchandise/Country Action

Certain concrete reinforcing bar from Oman and

RB4 2020 IN Notice of final determination – Statement of reasons
Russia.
Certain carbon steel fasteners (fasteners) originating
FAS 2021 UP5 Notice of close of record and updated schedule
in or exported from China Robertson Inc. (Jiaxing)
Dumping and Subsidizing: Certain container chassis
CC 2021 IN Notice of initiation of investigations
from China
Certain oil country tubular goods (OCTG) exported to
OCTG2 2021 UP2: Notice of normal value review
Canada from South Korea by Nexteel Co., Ltd
Certain carbon steel fasteners (fasteners) exported
FAS 2021 UP2 to Canada from Chinese Taipei by Kind-Auspice In- Conclusion of normal value review
dustrial Co., Ltd.
Certain carbon steel fasteners (fasteners) exported
FAS 2021 UP1 Conclusion of normal value review
to Canada from Chinese Taipei by New fast Co.
Certain aluminum extrusions originating in or ex-
AE 2021 UP2 Notice of normal value review
ported from China by Test-Rite Int’l
certain carbon and alloy steel line pipe (line pipe) ex-
LP2 2020 UP2 ported to Canada from the Republic of Korea by Conclusion of normal value and export price review
Husteel Co., Ltd.

NAFTA and USMCA Panels

Case Number Merchandise/Country Action

None this Update

Mexico - Ministry of Economy

Ref. № Merchandise/Country Action

Resolution - Final administrative procedure to examine the valid-
EC 9/20 Stainless steel sinks originating in
ity of the ADD
Imports of triethanolamine originating in the Preliminary Resolution of the administrative anti-dumping investi-
EA 3/20
United States of America gation procedure

European Union

Reference Merchandise/Country China

Mono ethylene glycol originating in the Commission Implementing Regulation (EU) 2021/939 imposing a
(EU) 2021/939
United States and Saudi Arabia provisional ADD
(EU) 2021/940 Birch plyw ood originating in Russia Commission Implementing Regulation imposing a provisional ADD

International Trade Compliance Update | July 2021 101

 Baker McKenzie

European Union

Reference Merchandise/Country China

Certain graphite electrode systems from Notice of the impending expiry of certain anti-subsidy measures
2021/C 222/05
India 11.03.2022
Certain graphite electrode systems from
2021/C 226/03 Notice of the impending expiry of certain AD measures 11.03.22
India
Certain iron or steel fasteners originating in
(EU) 2021/970 Making imports subject to registration
China
Aluminium converter foil originating in the
(EU) 2021/983 Commission Implementing Regulation imposing a provisional ADD
People’s Republic of China
Commission Implementing Regulation amending Commission Im-
(EU) 2021/1029 Certain steel products plementing Regulation (EU) 2019/159 to prolong the safeguard
measure on imports

United Kingdom Department for International Trade – Trade Remedies Authority

Case Merchandise/Country Action

Biodiesel originating in the USA (including con-

2020/04 Determination to transition trade remedies measure.
signed from Canada)
Safeguard measures on certain steel products –
2020/06 Determination to transition trade remedies measure
application of TRQs
Ironing boards originating in the People’s Repub-
2020/35 Determination to transition trade remedies measure
lic of China
Continuous filament glass fibre products originat-
2020/37 Determination to transition trade remedies measure
ing in Egypt
Ammonium nitrate originating in the Russian Fed-
2020/33 Determination to transition trade remedies measure
eration
Bicycles and certain bicycle parts originating in
the People’s Republic of China (including bicycles
2020/34 Determination to transition trade remedies measure
consigned from Cambodia, Indonesia, Malaysia,
Pakistan, the Philippines, Sri Lanka and Tunisia).
Wire rod originating in the People's Republic of
2020/07 Determination to transition trade remedies measure
China
Certain heavy plate of non-alloy or other alloy
2020/12 Determination to transition trade remedies measure
steel originating in the People's Republic of China
Certain hot-rolled flat products of iron, non-alloy
2020/13 or other alloy steel originating in the People's Re- Determination to transition trade remedies measure
public of China
Certain organic coated steel products originating
2020/28 Determination to transition trade remedies measure
in the People's Republic of China.
2020/17 Determination to transition trade remedies measure
Certain hot-rolled flat products of iron, non-alloy Trade remedies measure suspended if the goods to w hich the
or other alloy steel originating in Brazil, Iran, the measure applies, on importation into the United Kingdom, are also
2020/09 Russian Federation and Ukraine subject to the charge of a saf eguarding measure applied by Taxa-
tion Notice 2020/06: Safeguard measures on certain steel products
– application of tariff rate quotas

International Trade Compliance Update | July 2021 102

 Baker McKenzie

Australian Anti-Dumping Commission

Notice № Case Merchandise/Country Action

2021/062 577 Aluminium extrusions from Malaysia Findings in relation to an accelerated review
2021/072 583 A4 copy paper from Indonesia Initiation of an investigation
Precision pipe and tube steel from China,
2021/074 550 Preliminary Affirmative Determination - PAD 550
Korea, Taiw an, Vietnam
2021/076 Various Monthly Status Report - May 2021
Painted steel strapping from China, Vi-
2021/077 553 Extension of time to issue Final Report
etnam
Aluminium extrusions from Malaysia and
2021/079 Expiry of Measures
Vietnam

Government of India Ministry of Finance (Department of Revenue)

Notification № Merchandise/Country Action

32/2021-Cus (ADD) Polytetrafluoroethylene originating in or exported

Extends ADD upto 31 October, 2021
03-06-21 from Russia
33/2021-Cus (ADD) Phenol originating in or exported from European Un-
Extends ADD upto 31 October, 2021
03-06-21 ion and Singapore

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

File № and Date Merchandise/Country Action

INITIA TIONS
6/09/2021-DGTR Resin Bonded Thin Wheels originating in or exported
Initiates AD Investigation
07-06-21 from China PR
Plain Medium Density Fibreboard having thickness of
7/2/2021-DGTR
6mm and above originating in or exported from Vi- Initiates Sunset Review of ADD imposed
07-06-21
etnam
7/10/2021-DGTR Textured Tempered Coated and Uncoated Glass
Initiates Sunset Review of ADD imposed
07-06-21 originating in or exported from China PR
7/11/2021-DGTR Ammonium Nitrate originating in or exported from
Initiates Sunset Review of ADD imposed
11-06-21 Russia, Georgia and Iran
Aluminium Foil 80 micron and below originating in or
06/21/2020-DGTR
exported from China PR, Indonesia, Malaysia and Initiates AD Investigation
20-06-21
Thailand
FINAL FINDINGS
Natural Mica based Pearl Industrial Pigments exclud-
6/8/2020 – DGTR
ing cosmetic grade originating in or exported from Final Findings issued in AD Investigation
08-06-21
China PR

Opportunity to Request Administrative Review

In a June 1, 2021 Federal Register notice, the US Department of Commerce an-
nounced that it will receive requests to conduct administrative reviews of various
antidumping (AD) and countervailing duty (CVD) orders and findings with June
anniversary dates:

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

Antidum ping Duty Proceedings

GERMANY: Certain Cold-Draw n Mechanical Tubing of

International Trade Compliance Update | July 2021 103

 Baker McKenzie

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

Carbon and Alloy Steel A-428-845 6/1/20 - 5/31/21

INDIA: Certain Cold-Draw n Mechanical Tubing of
Carbon and Alloy Steel A-533-873 6/1/20 - 5/31/21
INDIA: Glycine A-533-883 6/1/20 - 5/31/21
Quartz Surface Products A-533-889 12/13/19 - 5/31/21
ITALY: Certain Cold-Draw n Mechanical Tubing of
Carbon and Alloy Steel A-475-838 6/1/20 - 5/31/21
JAPAN: Glycine A-588-878 6/1/20 - 5/31/21
Carbon and Alloy Seamless Standard, Line, and
Pressure (over 4 ½ inches) A-588-850 6/1/20 - 5/31/21
Editor, International Trade Carbon and Alloy Seamless Standard, Line, and
Compliance Update
Pressure (under 4 ½ inches) A-588-851 6/1/20 - 5/31/21
Stuart P. Seidel S. KOREA: Certain Cold-Draw n Mechanical Tubing of
Washington, D.C. Carbon and Alloy Steel A-580-892 6/1/20 - 5/31/21
SR of VIETNAM: Laminated Woven Sacks A-552-823 6/1/20 - 5/31/21
stuart.seidel@bakermcken- Certain Tool Chests and Cabinets A-552-821 6/1/20 - 5/31/21
zie.com SPAIN: Chlorinated Isocyanurates A-469-814 6/1/20 - 5/31/21
Finished Carbon Steel Flanges A-469-815 6/1/20 - 5/31/21
This may qualify as “Attorney SWITZERLA ND: Certain Cold-Draw n Mechanical Tubing
Advertising” requiring notice in of Carbon and Alloy Steel A-441-801 6/1/20 - 5/31/21
some jurisdictions. Prior re- TAIWAN: Helical Spring Lock Washers A-583-820 6/1/20 - 5/31/21
sults do not guarantee a simi-
PR of CHINA: Artist Canvas A-570-899 6/1/20 - 5/31/21
lar outcome.
Ceramic Tile A-570-108 11/14/19 - 5/31/21
Certain Cold-Draw n Mechanical Tubing of Carbon
Please see copyright and
acknowledgements on the last and Alloy Steel A-570-058 6/1/20 - 5/31/21
Certain Tool Chests and Cabinets A-570-056 6/1/20 - 5/31/21
page
Chlorinated Isocyanurates A-570-898 6/1/20 - 5/31/21
Furfuryl Alcohol A-570-835 6/1/20 - 5/31/21
High Pressure Steel Cylinders A-570-977 6/1/20 - 5/31/21
Polyester Staple Fiber A-570-905 6/1/20 - 5/31/21

Prestressed Concrete Steel Wire Strand A-570-945 6/1/20 - 5/31/21

Silicon Metal A-570-806 6/1/20 - 5/31/21
Tapered Roller Bearings A-570-601 6/1/20 - 5/31/21
TURKEY: Quartz Surface Products A-489-837 12/13/19 - 5/31/21
Countervailing Duty Proceedings
INDIA: Glycine C-533-884 1/1/20 - 12/31/20
Quartz Surface Products C-533-890 10/11/19 - 12/31/20
SR of VIETNAM: Laminated Woven Sacks C-552-824 1/1/20 - 12/31/20
PR of CHINA: Ceramic Tile C-570-109 9/12/19 - 12/31/20
Glycine C-570-081 1/1/20 - 12/31/20
High Pressure Steel Cylinders C-570-978 1/1/20 - 12/31/20
Stainless Steel Flanges C-570-065 1/1/20 - 12/31/20
TURKEY: Quartz Surface Products C-489-838 10/11/19 - 12/31/20
Suspension Agreements
None

Requested Reviews
In a June 11, 2021 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 April an-
niversary dates. See actual notices for companies requesting review:

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

Antidum ping Duty Proceedings

ARGENTINA: Biodiesel A-357-820 4/1/20 - 3/31/21
INDIA: Carbon and Alloy Steel Threaded Rod A -533-887 9/25/19 - 3/31/21

International Trade Compliance Update | July 2021 104

 Baker McKenzie

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

INDONESIA: Biodiesel A-560-830 4/1/20 - 3/31/21

THAILAND: Certain Frozen Warmw ater Shrimp A -549-822 2/1/20 - 1/31/21
PR of CHINA: 1,1,1,2-Tetrafluoroethane (R-134a) A-570-044 4/1/20 - 3/31/21
Aluminum Extrusions6 A-570-967 5/1/19 - 4/30/20
Alloy and Certain Carbon Steel Threaded Rod A -570-104 9/25/19 - 3/31/21
Certain Activated Carbon A-570-904 4/1/20 - 3/31/21
Certain Aluminum Foil A-570-053 4/1/20 - 3/31/21
Draw n Stainless Steel Sinks A-570-983 4/1/20 - 3/31/21
Magnesium Metal A-570-896 4/1/20 - 3/31/21
Stainless Steel Sheet and Strip A-570-042 4/1/20 - 3/31/21
Wooden Cabinets and Vanities and Components Thereof A -570-106 10/9/19 - 3/31/21

Countervailing Duty Proceedings

INDIA: Carbon and Alloy Steel Threaded Rod C-533-888 7/29/19 -12/31/20
PR of CHINA: Aluminum Extrusions C-570-968 1/1/19 – 12/31/19
Carbon and Alloy Steel Threaded Rod C-570-105 7/29/19 -12/31/20
Certain Aluminum Foil C-570-054 1/1/20 - 12/31/20
Stainless Steel Sheet and Strip C-570-043 1/1/20 - 12/31/20
Wooden Cabinets and Vanities and Components Thereof C-570-107 8/12/19 - 12/31/20
Suspension Agreements
None

Initiation of Sunset Reviews

In a June 1 2021, Federal Register notice, the US Department of Commerce ad-
vised that it was automatically initiating a five-year (“Sunset”) review of the anti-
dumping and countervailing duty orders listed below.

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

A-351-843 731-TA-1283 Brazil Cold-Rolled Steel Flat Products (1st Review )

A-570-029 731-TA-1284 China Cold-Rolled Steel Flat Products (1st Review )
A-570-894 731-TA-1070-B China Tissue Paper Products (3rd Review )
A-570-896 731-TA-1071 China Magnesium Metal (3rd Review )
A-570-026 731-TA-1274 China Corrosion-Resistant Steel Products (1st Review )
A-533-865 731-TA-1285 India Cold-Rolled Steel Flat Products (1st Review )
A-475-832 731-TA-1276 Italy Corrosion-Resistant Steel Products (1st Review )
A-588-873 731-TA-1286 Japan Cold-Rolled Steel Flat Products (1st Review )
A-580-881 731-TA-1287 S. Korea Cold-Rolled Steel Flat Products (1st Review )
A-580-878 731-TA-1277 S. Korea Corrosion-Resistant Steel Products (1st Review )
A-583-856 731-TA-1278 Taiw an Corrosion-Resistant Steel Products (1st Review )
A-412-824 731-TA-1290 UK Cold-Rolled Steel Flat Products (1st Review )
A-533-863 731-TA-1275 India Corrosion-Resistant Steel Products (1st Review )
C-351-844 701-TA-540 Brazil Cold-Rolled Steel Flat Products (1st Review )
C-570-027 701-TA-534 China Corrosion-Resistant Steel Products (1st Review )
C-570-030 701-TA-541 China Cold-Rolled Steel Flat Products (1st Review )
C-533-866 701-TA-542 India Cold-Rolled Steel Flat Products (1st Review )
C-533-864 701-TA-535 India Corrosion-Resistant Steel Products (1st Review )
C-475-833 701-TA-536 Italy Corrosion-Resistant Steel Products (1st Review )
C-580-882 701-TA-543 S. Korea Cold-Rolled Steel Flat Products (1st Review )
C-580-879 701-TA-537 S. Korea Corrosion-Resistant Steel Products (1st Review )

International Trade Compliance Update | July 2021 105

 Baker McKenzie

Advance Notification of Sunset Reviews

In a June 1, 2021, Federal Register notice, the US Department of Commerce ad-
vised that the following cases were scheduled for five-year (“Sunset”) reviews for
July 2021.

AD/CVD Proceedings - Merchandise/Country Case No.

Antidum ping Duty Proceedings

Carbon Steel Butt-Weld Pipe Fittings from Brazil A-351-602 (5th Review )
Carbon Steel Butt-Weld Pipe Fittings from China A-570-814 (5th Review )
Hydrofluorocarbon Blends and Components Thereof from China A-570-028 (1st Review )
Porcelain-on-Steel Cooking Ware from China A-570-506 (5th Review )
Carbon Steel Butt-Weld Pipe Fittings from Japan A-588-602 (5th Review )
Stainless Steel Wire Rod from Japan A-588-843 (4th Review )
Stainless Steel Wire Rod from South Korea A-580-829 (4th Review )
Carbon Steel Butt-Weld Pipe Fittings from Taiw an A-583-605 (5th Review )
Stainless Steel Wire Rod from Taiw an A-583-828 (4th Review )
Carbon Steel Butt-Weld Pipe Fittings from Thailand A-549-807 (5th Review )
No Sunset Review of countervailing duty orders is scheduled for initiation in July 2021
No Sunset Review of suspended investigations is scheduled for initiation in July 2021

International Trade Compliance Update | July 2021 106

 Baker McKenzie

Sunny Mann
Global Chair
International Commercial & Trade

International Commercial & Trade Leadership Team

Regional Chairs / Steering Committee

Anne Petterd Geert Bov y Alej andro C. Mesa-Neira Jennifer Trock

Sy dney Brussels Bogota Washington DC
Asia Pacif ic EMEA Latin America North America

©2021 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the worl d. In
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This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
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International Trade Compliance Update | July 2021 107