September 2012 International Trade Compliance Update Newsletter

International Trade Compliance 

(Covering Customs and Other Import Requirements, Export Controls and Sanctions, 

Trade Remedies, WTO and Anti-Corruption) 

Newsletter 

September 2012 | Update 

In This Issue: 

World Trade Organization (WTO) 

World Customs Organization (WCO) 

The Americas - Central America 

The Americas - North America 

The Americas - South America 

Asia-Pacific 

Europe 

Africa 

Newsletters, reports, articles, etc. 

Webinars, Meetings, Seminars, etc. 

WTO TBT Notifications 

CBP Rulings: Downloads and Searches 

CBP Rulings: Revocations or Modifications 

European Classification Regulations 

Amendments to the CN Explanatory Notes 

Section 337 Actions 

Antidumping, Countervailing Duty and 

Safeguard Investigations, Orders & Reviews 

Editor of International Trade Compliance 

Update 

Stuart P. Seidel 

Washington, D.C. 

+1 202 452 7088 

stuart.seidel@bakermckenzie.com 

This may qualify as “Attorney Advertising” 

requiring notice in some jurisdictions. Prior 

results do not guarantee a similar outcome. 

Note: Unless otherwise indicated, all information below is taken from official websites, 

newsletters or press releases of international organizations (WTO, WCO, APEC, INTER- 

POL, etc.), the EU, EFTA, Customs Unions or government agencies. The specific source 

may usually be obtained by clicking on the blue hypertext link. 

Save the date for the 4 th annual ICPA European Conference 

The 4 th annual International Compliance Professionals Association Conference 

will be held at the Ballsbridge Hotel, Pembroke Road, Dublin, Ireland on 23-25 

June 2013, and will be segmented into three tracks: import, export and general 

topics. Terrie Gleason, Co-Chair of the Baker & McKenzie Global Customs Practice 

is a conference organizer. Registration will open in January 2013. For details, 

go to http://www.scribd.com/doc/103144624. 

International Trade & Compliance Conference in Amsterdam 

Baker & McKenzie invites you to attend its two-day conference on International 

Trade and Compliance at the Crowne Plaza Amsterdam South Hotel in Amsterdam, 

The Netherlands on 8-9 November 2012. 

Compliance issues are featuring ever higher on the corporate radar. The EU is 

showing a silent but steady increase of export controls and sanctions enforcement, 

whilst the US has recently again confirmed its willingness to enforce its 

trade restrictions outside its borders in a number of highly publicized cases. The 

rules become increasingly complex as events in countries like Iran and Syria unfold, 

whereas new opportunities in countries formerly subject to sanctions (such 

as Myanmar) pose complex compliance questions to businesses. Moreover, the 

US export controls reform brings implications for compliance programs inside and 

outside the US. 

Similarly, foreign anti-corruption enforcement is no longer a mere matter of US 

policy; European corruption regulators are keen to set their own examples now. 

European data protection regulators are also increasingly active, and new privacy 

legislation requires careful consideration by business operators. Whistle blowing 

and director liability are other topics on the agenda of the in-house counsel, compliance 

and risk manager. This two day conference aims to provide in-house 

counsel and compliance and risk managers with the tools they need to understand 

and assess the risks arising in the fields of export controls, trade sanctions, 

anti-bribery and corruption. We will not only bring together presenters from a 

number of our offices, including Washington, Chicago, London and Amsterdam, 

but will also provide you with an opportunity to hear first hand how some of the 

largest multinational companies in the world ensure that their business is conducted 

in a compliant way. 

NoVa points are available. Click here for the Conference Program. To register, 

please click here. For additional information, please contact : Petra van der Perk, 

Events Manager, Tel: + 31 20 551 7505.

2 International Trade Compliance ⎜September 2012 

Baker & McKenzie 

Baker & McKenzie adds a Myanmar-qualified senior counsel to 

its Bangkok office 

Baker & McKenzie has added a Myanmar (Burma) qualified senior counsel to its 

Bangkok office. Saw Yu Win, who speaks both English and Japanese, is joining 

Baker & McKenzie from Yangon-based Myanmar Thanlwin Legal Services Ltd., 

an affiliate firm of Southeast Asian regional law firm DFDL, where she has practiced 

for 15 years advising on investment in the energy, mining, and telecommunications 

sectors. Prior to that, she was an assistant law lecturer at the University 

of Yangon. The hiring of Win makes Baker & McKenzie the first international firm 

to establish a Myanmar law capability. 

World Trade Organization (WTO) 

WTO welcomes Russia and Vanuatu 

The WTO welcomed two new members. Russia, previously the largest economy 

outside the WTO, joined the organization on 22 August 2012. The Pacific island 

of Vanuatu followed suit on 24 August 2012. Both countries completed the ratification 

process of their membership in July. 

Recent disputes 

The following disputes have been recently brought to the WTO. Click on the case 

(“DS”) number below to go to the WTO website page for details on that dispute. 

DS. No. Case Name (or subject) Date 

DS 443 

DS 444 

DS 445 

DS 446 

DS 447 

DSB activities 

European Union and a Member State – Certain Measures Concerning 

the Importation of Biodiesels (Complainant: Argentina) 

Argentina – Measures Affecting the Importation of Goods (Complainant: 

USA) 


Japan) 


Mexico) 

United States - Import Restrictions of Beef and Other Meat Products 

(Complainant: Argentina) 

17 Aug. 2012 




During the period covered by this update, the Dispute Settlement Body (DSB) or 

parties to a dispute took the following actions or reported the following activities. 

Requests for a panel are not listed (click on “DS” number to go to summaries of 

the case, click on “Activity” to go to the latest news or documents): 

DS No. Case Name Activity Date 

DS 436 

United States — Countervailing Measures 

on Certain Hot-Rolled Carbon Steel Flat 

Products from India 

Panel established at 

India’s request on 

US steel measures 

31 Aug. 2012

The International Trade Compliance 

Update is a publication of 

the Global Trade and Commerce 

Practice Group of Baker & 

McKenzie. Articles and comments 

are intended to provide our 

readers with information on recent 

legal developments and issues 

of significance or interest. 

They should not be regarded or 

relied upon as legal advice or 

opinion. Baker & McKenzie advises 

on all aspects of International 

Trade law. 

Comments on this Update may 

be sent to the Editor: 



+1 202 452 7088 


A note on spelling, grammar 

and dates-- 

In keeping with the global nature 

of Baker & McKenzie, the original 

spelling, grammar and date formatting 

of non-USA English language 

material has been preserved 

from the original source 

whether or not the material appears 

in quotes. 

Credits: 

Unless otherwise indicated, all information 

is taken from official international 

organization or government 

websites, or their newsletters 

or press releases. 

Source documents may be 

accessed by clicking on the blue 

hypertext links. 


World Customs Organization (WCO) 


Bosnia and Herzegovina becomes the 144th contracting party to the 

HS Convention 

On 14 August 2012, Bosnia and Herzegovina deposited its instrument of accession 

to the International Convention on the Harmonized Commodity Description 

and Coding System (Harmonized System or HS) with the Secretary General of 

the WCO, becoming 144th Contracting Party to the Harmonized System Convention. 

The HS Convention will enter into force in Bosnia and Herzegovina on 1 

January 2014. 

The Americas - Central America and Caribbean 

Nicaragua 

Nicaraguan Classification Resolutions (Customs Rulings) 

The Dirección General de Servicios Aduaneros (Nicaraguan Customs Service) 

has made the full text of tariff classification resolutions issued from 2004 to the 

present available on its website. The tariff classification resolutions are based on 

the common Central American tariff known as Sistema Arancelario Centroamericano. 

Association of Caribbean States 

Members encouraged to implement eRegulations programme 

On 6 August 2012, the UN Conference on Trade and Development (UNCTAD) 

reported that the Association of Caribbean states encourages its 28 members to 

implement UNCTAD eRegulations programme. 

The eRegulations programme is currently implemented in six ACS nations: Costa 

Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, funded by donations 

from Luxembourg. Administrative procedures related to the activities of 

entrepreneurs, such as registering companies, obtaining visas and licenses, and 

importing and exporting, are being significantly simplified in these countries. 

Once the procedures are simplified, they can easily be automated. This was the 

case in El Salvador, where entrepreneurs can do all the mandatory registrations 

to start their business online through the www.miempresa.gob.sv system, which 

was implemented with the help of UNCTAD. 

The Americas - North America 

Canada 

Pre-clearance Initiative Pilot Project on import re-inspection activities 

for fresh meat 

The Canadian Food Inspection Agency (CFIA) announced that as part of the Beyond 

the Border Action Plan, the US Department of Agriculture’s Food Safety and 

Inspection Service (FSIS) is working jointly with the CFIA to implement a preclearance 

initiative. This initiative consists of a pilot project that will consider alternative 

methods for reviewing import documents prior to the shipments arrival at 

the US border and alternative methods for release of shipments that are destined



for further processing at an FSIS official establishment. Throughout the operation 

of this pilot, both agencies are committed to maintaining at least the same level of 

food safety as is currently realized. 

After completion of the planning stage of the pilot, it will begin operating in September 

2012 for one year. It will start with a narrow scope; consisting of a small 

number of CFIA-registered establishments, which may vary in size, that export 

fresh meat (beef and pork) products directly to FSIS-inspected establishments for 

further processing. Considerations for future pre-clearance processes for meat 

will be based on analysis of the results of this pilot after its conclusion in September 

2013. 

See the announcement for eligibility criteria to participate in the pilot project. 

CFIA seeks comments on proposed new inspection model 

On August 9, 2012, the Government of Canada announced that it had released its 

draft model for improving food inspection in Canada. The CFIA is proposing a 

single approach to food inspection that will, according to the announcement “provide 

consistent and appropriate oversight across all regulated food commodities – 

either imported or produced domestically.” 

According to the CFIA news release, the draft food inspection model is based on 

feedback from discussions with inspectors and industry stakeholders as well as 

feedback on a recent discussion document called The Case for Change that outlined 

the rationale for modernizing inspection. 

This initiative is part of the commitment made by the Government of Canada in 

Budget 2011, which provided the CFIA with C$100 million over five years to modernize 

food safety inspection in Canada. This investment is also being used to 

provide better training and more modern tools to front line food inspectors as well 

as building additional capacity in CFIA laboratories. 

The CFIA is seeking comments from consumers and industry stakeholders until 

October 31, 2012 on the following aspects of the proposed draft model: 

• a single licensing and registration requirement for those manufacturing, 

importing and/or exporting food for trade outside provincial borders, 

• more consistent oversight and inspection across all regulated food commodities, 

• a scaled approach that adapts to the size and complexity of businesses, 

and 

• the distribution of more information to consumers about compliance and 

enforcement activities. 

Enhanced labelling regulations for food allergens goes into effect 

On July 13, 2012, CFIA posted a reminder to industry that the enhanced labelling 

regulations for food allergens are in effect from August 4, 2012. The regulations 

were announced on February 16, 2011. At that time, the CFIA and Health Canada 

posted an advisory stating that industry would have 18 months to bring their labels 

into compliance. 

Effective August 4, 2012, products that contain undeclared allergens will be subject 

to CFIA compliance and enforcement activities which may include product



recalls where there is a risk to consumers. For an overview of the new requirements 

and guidance, see the reminder and its links to resources. 

New personal exemption limits effective June 1, 2012 

Effective June 1, 2012, Canadian residents returning to Canada will benefit from 

increases to personal exemption limits, expediting Canada Border Services 

Agency (CBSA) clearance and making cross border travel more convenient. 

Increased traveller personal exemption limits effective June 1, 2012 

Less than 24 No exemption Personal exemptions do not apply to same-day cross- 

hours 

applies. border shoppers. 

24 hours or 

more 

48 hours or 

more 

up to 

CAN$200 

Alcohol and 

tobacco cannot 

be claimed. 

up to 

CAN$800 

This includes 

alcohol and 

tobacco. 

Goods must be in your possession at time of entry to 

Canada. CBSA reminsd all travellers absent from Canada 

from between 24 and 48 hours, that if the value of 

the goods you have purchased abroad exceeds $200 

after a 24 hour absence, duty and taxes are applicable 

on the entire amount of the imported goods. Travellers 

who are absent for periods of 48 hours or more will 

have the applicable exemption level credited against 

the total value of goods. 

Goods may be in your possession at time of entry to 

up to 

Canada or they could follow at a later date (via courier, 

7 days or 

more 

CAN$800 

This includes 

alcohol and 

mail or delivery agency). All the goods will qualify for 

duty- and tax-free entry if they are declared upon arrival 

in Canada, except tobacco products and alcoholic bev- 

tobacco. erages, which must be in your possession at time of 

arrival in Canada. 

The CBSA is currently working with its partners and stakeholders to ensure all 

publications are updated, including the CBSA Declaration Card (E311), distributed 

by airlines to travellers arriving on board international flights. The Agency is 

making every effort to ensure new exemption limits are reflected in its publications 

and available to the public effective June 1, 2012. However, Canadian residents 

will qualify for new personal exemption limits even if they use an older form. 

CBSA Assessment and Revenue Management (CARM) 

Commercial clients have been looking for a better way of doing business with the 

CBSA. According to the agency, its CBSA Assessment and Revenue Management 

(CARM) initiative will do just that, while creating significant benefits for both 

the Agency and the trade community. 

The four components of CARM (explained on the webpage link above) will allow 

the CBSA to gradually modernize its assessment and revenue management system, 

thereby bringing about much-needed improvements to how the Agency delivers 

services to its commercial clients. 

An important part of the CBSA’s mandate is to manage the importation of goods 

into Canada, which includes compiling trade data and assessing and collecting 

duties and taxes. CARM is a major government initiative that will modernize the 

Agency's revenue management programs and systems, as well as automate the 

many current manual and labour-intensive processes required to collect, assess, 

manage and report on these revenues.



For business clients, CARM will create a revenue management system that, in 

addition to efficiently processing payments and reporting on revenues, will keep 

pace with technology and current business practices 

Among its key phases, CARM will introduce an electronic payment option that will 

allow importers to carry out their financial transactions (revenue and assessment 

activities) and register and view their accounts through a secure Web site. It will 

also provide client-based accounting to improve the financial information flow between 

you and the CBSA. 

General Export Permit – cryptography for the development or production 

of a product 

On August 2, 2012, Foreign Affairs and International Trade Canada posted a Notice 

to Exporters (Serial No. 182) advising exporters that, pursuant to the Export 

and Import Permits Act, the Minister of Foreign Affairs has issued General Export 

Permit (GEP) No. 45 relating to the export or transfer of cryptography for development 

or production of a product. GEP 45 was subsequently published in the 

Canada Gazette dated August 15, 2012. 

GEPs are intended to be used to facilitate trade in defined circumstances and are 

issued generally to all residents of Canada to allow the export or transfer of specified 

goods and technology that are included in the Export Control List (ECL) to 

certain specified destinations, subject to terms and conditions. GEPs do not require 

an individual application to be submitted to Foreign Affairs and International 

Trade Canada for the proposed export or transfer. 

The purpose of this GEP is to allow residents of Canada, subject to certain conditions 

and limitations, to export or transfer certain items included in Group 1-5 Part 

2 of “A Guide to Canada’s Export Controls” to eligible consignees, which include 

non-government affiliated entities that are located in anyone of the 29 designated 

countries identified in the GEP (paragraph 9 of the Notice) and non-government 

affiliated entities, in any destinations, excluding an ineligible destination as identified 

in the GEP (paragraph 10 of the Notice), if the entity is controlled by either a 

resident of Canada or a non-governmental affiliated individual or entity located in 

a designated country. Designated countries are those countries who, like Canada, 

are members of all four multilateral export control regimes, namely the Wassenaar 

Arrangement on Export Controls for Conventional Arms and Dual-Use 

Goods and Technologies, the Missile Technology Control Regime, the Australia 

Group and the Nuclear Suppliers Group. 

The Notice should be read in conjunction with General Export Permit No. 45 – 

Cryptography for the Development or Production of a Product (GEP 45) and the 

current version of “A Guide to Canada’s Export Controls”, which is available on 

request from the Export Controls Division of Foreign Affairs and International 

Trade Canada. 

List of Entities amended 

On August 20, 2012, the Canada Gazette published Regulations Amending the 

Regulations Establishing a List of Entities. The Governor in Council, on the recommendation 

of the Minister of Public Safety and Emergency Preparedness, is 

satisfied that there are reasonable grounds to believe that the entities referred to 

in the Regulations have knowingly carried out, attempted to carry out, participated 

in or facilitated a terrorist activity or are knowingly acting on behalf of, at the direc-



tion of or in association with an entity that has knowingly carried out, attempted to 

carry out, participated in or facilitated a terrorist activity. 

The listing of an entity means that the entity’s property can be the subject of seizure/restraint 

and/or forfeiture. In addition, institutions, such as banks and brokerages, 

are subject to reporting requirements with respect to an entity’s property 

and must not allow those entities to access the property nor may these institutions 

deal or otherwise dispose of the property. 

A listed entity is included in the definition of terrorist group in the Criminal Code so 

offences applicable to terrorist groups apply to these entities. However, unlike 

terrorist groups that are not listed, a prosecution related to a listed entity does not 

require the crown to demonstrate that the group has as one of its purposes or 

activities (facilitating or carrying out) terrorist activity. 

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.) 

Publication 

Date 

Aug. 1, 2012 



Restrictive measures 

Title 

Environment: Notice of intent to amend the Domestic Substances List 

under subsection 87(3) of the Canadian Environmental Protection Act, 

1999 to indicate that subsection 81(3) of that Act applies to four substances 

Environment: Order 2012-66-07-01 Amending the Non-domestic Substances 

List under the Canadian Environmental Protection Act, 1999 

Environment: Order 2012-87-05-02 Amending the Non-domestic Sub- 

stances List under the Canadian Environmental Protection Act, 1999 

Environment: Order 2012-87-05-01 Amending the Domestic Substances 

List (SOR/2012-157 July 27, 2012) under the Canadian Environmental 

Protection Act, 1999 

Canadian Turkey Marketing Agency: Order Amending the Canada Turkey 

Marketing Producers Levy Order (SOR/2012-158 July 30, 2012) 

under the Farm Products Agencies Act 

Foreign Affairs: General Export Permit No. 45 — Cryptography for the 

Development or Production of a Product (SOR/2012-160 July 31, 2012) 

under the Export and Import Permits Act 

The following documents imposing restrictive measures on imports or exports 

were published in the Canada Gazette or posted on a Government website. 

Publication 

Date 


Title 

Public Safety and Emergency Preparedness: Regulations Amending 

the Regulations Establishing a List of Entities (SOR/2012-162 August 

20, 2012) pursuant to the Criminal Code 

CBSA advance rulings 

No recent advance rulings have been posted by the Canada Border Services 

Agency (CBSA)


D-Memoranda and CNs revised or cancelled 


The following is a list of Canada Border Services Agency D-Memoranda, Customs 

Notices (CNs) and other publications issued, revised or cancelled during the 

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

Date Reference Action Title 

June 2012 D0 Revised D Memoranda Checklist 

2012-08-10 CN12-023 

eManifest – A49 Automotive Report and Release 

Document – Interim Procedures 


Highway Sufferance Warehouse Closure (Lazo, 

British Columbia) 

Adherence to the 999 Line Limitation as set out in 


the Electronic Commerce Client Requirements 

Document (ECCRD) 

Antidumping and countervailing duty cases 

See separate Antidumping Countervailing Duty and Safeguards Investigations, 

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 

Date 





Title 

Health: Response to comments received on the Draft Mexican Official 

Standard NOM-131-SSA1-2011, Goods and Services. Formulas commencement, 

continuation and special nutritional needs. Food and soft drinks for infants 

and young children. Sanitary and nutritional requirements and specifica- 

tions. Labelling and test methods, published on February 13, 2012 

Foreign Affairs: Decree promulging the Final Acts of World Radiocommunication 

Conference (WRC-07) of the International Telecommunication Union 

(ITU), signed in Geneva, Switzerland on November 16, 2007 

Economy: Acuerdo announcing Decision No. 69 of the Administrative Committee 

of the Free Trade Agreement between Mexico and the Republic of 

Colombia, adopted on July 2, 2012 

Economy: General Resolution for establishing the criteria for the application 

of Article 17 of the Foreign Investment Law concerning the establishment of 

foreign legal entities in Mexico 

Economy: Decree establishing a tariff rate quota for egg imports 

Agriculture, Rural Development, Fisheries and Food (Agriculture): Acuerdo 

setting forth the procedure to obtain, through electronic means, certificates of 

import and export of agricultural commodities, livestock, aquaculture and fisheries 


Agriculture: Acuerdo delegating to the General Coordinator of International 

Affairs of the Ministry of Agriculture, Livestock, Rural Development, Fisheries 

and Food the power to authorize an origin opinion to be rendered for the procurement 

of goods, leases or services to be used or outside the country by its 

agricultural ministries 

Aug. 14, 2012 Agriculture: Acuerdo declaring to the United Mexican States free of classical

Publication 

Date 






Title 


swine fever 

Agriculture: Acuerdo declaring the United Mexican States free of avian salmonellosis 

(Salmonella pullorum and Salmonella gallinarum) 

Economy: Acuerdo announcing the import quota, with the tariff-quota established, 

fresh eggs for human consumption 

Economy: Acuerdo announcing the import quota, with the tariff-quota estab- 

lished, eggs for industrial consumption 

Energy: Draft Mexican Official Standard PROY-NOM-017-ENER/SCFI-2012, 

Energy efficiency and requirements of user safety ballasted compact fluores- 

cent lamps. Limits and test methods 

Environment and Natural Resources: Mexican Standard NOM-144- 

SEMARNAT-2012, That establishes the phytosanitary measures recognized 

internationally for wood packaging used in international trade of goods and 

commodities 

Economy: Responses to comments received on the Draft Mexican Official 

Standard NOM-190-SCFI-2012, Mixing milk with vegetable fat-Names, physicochemical 

specifications, commercial information and test methods, pub- 

lished on May 31, 2012 

Health: Response to comments received on the Draft Amendment to the Official 

Mexican Standard NOM-141-SSA1-1995, Goods and services. Labelling 

for perfume and beauty products prepackaged, to read as Draft Mexican Official 

Standard PROY-NOM-141-SSA1/SCFI-2010, Labeling prepackaged 

cosmetics. Tagged health and trade, published on January 17, 2012 

Foreign Affairs: Decree promulgating the Protocol Amending the Agreement 

on Agriculture between the United Mexican States and the Swiss Confederation, 

signed in Mexico City on November 27, 2000, made in Mexico City on 

October 11, 2011 

Aug. 29, 2012 Hacienda: General Rules on Foreign Trade for 2012 (Sec. II) (Sec. III) 


Hacienda: Resolution establishing the General Rules relating to the application 

of the Customs provisions of the Free Trade Agreement between Mexico 

and the Republics of Costa Rica, The Salvador, Guatemala, Honduras and 

Nicaragua and its Annex 1. 

Foreign Affairs: Decree promulgating the Free Trade Agreement between 

Mexico and the Republics of Costa Rica, El Salvador, Guatemala, Honduras 

and Nicaragua, signed at San Salvador, El Salvador, the twenty-second of 

November, two thousand eleven (Sec.II ) (Sec. III) (Sec. IV) (Sec. V) 

Economy: Acuerdo setting forth the quota allocation and mechanism for importing 

into the U.S. Mexico boxers cotton, knitted or crocheted, complying 

with the provisions of Annex 4.3 of the Treaty on Free Trade between Mexico 

and the Republics of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua 

Economy: Acuerdo establishing quotas and allocation mechanism for importing 

into Mexico textile goods classified in Chapter 62 of the Tariff Law of the 

General Taxes of Import and Export originating in the Republics of Costa Rica, 

El Salvador, Guatemala, Honduras and Nicaragua. 

Economy: Acuerdo establishing a quota and allocation mechanism for exporting 

to El Salvador, yellow corn, originating in Mexico 

Economy: Acuerdo establishing quotas and allocation mechanism for import 

into Mexico, iron or steel rod or corrugated iron or steel bars for reinforcement 

of cement or concrete, and sections of iron or non -alloy originating in El Salvador 

Economy: Acuerdo which sets forth the rate for the General Import Tax on 

goods originating in Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua 

Economy: Acuerdo modifying Acuerdo setting forth the quota allocation and 

mechanism to import sugar in 2012, published on May 4, 2012 

Economy: Acuerdo setting forth Decision No. 1 of the Administrative Committee 

of the Free Trade Agreement between the United Mexican States and the 

Republics of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua 

Economy: Standard NOM-190-SCFI-2012, mixtures of milk with vegetable fat

Publication 

Date 


Title 


designations, physico-chemical, commercial information and test methods 

Economy: Clarification to NOM-139-SCFI-2012, Commercial information labeling 

extract natural vanilla ( Vanilla spp), derivatives and substitutes, published 

on July 10, 2012 




United States 

[NOTE ON FEDERAL REGISTER TABLES IN THE UNITED STATES SECTION BELOW: N=NOTICE, FR=FINAL RULE, 

PR=NOTICE OF PROPOSED RULEMAKING, AN=ADVANCE NOTICE OF PR, IR=INTERIM RULE, TR=TEMPORARY 

RULE, RFI/FRC= REQUEST FOR INFORMATION/COMMENTS; H=HEARING OR MEETING; E=EXTENSION OF 

TIME; C=CORRECTION; RO=REOPENING OF COMMENT PERIOD.] 

Presidential documents 

During the past month, President Obama signed the following documents relating 

to international trade, national emergencies, sanctions, embargoes, or blocking 

orders: 

F.R. Date Subject 

Executive Order 13622 of July 30, 2012 - Authorizing Additional Sanctions 


With Respect to Iran 

Notice of August 15, 2012—Continuation of the National Emergency With 


Respect to Export Control Regulations 

US Government significantly expands sanctions targeting Iran 

On August 10, 2012, President Obama signed into law H.R. 1905, the Iran 

Threat Reduction and Syria Human Rights Act of 2012, which was passed by the 

US Congress on August 1 with wide bipartisan support. H.R. 1905 represents a 

significant expansion of US sanctions targeting Iran because, among other things, 

it (i) subjects non-U.S. entities owned or controlled by US entities to the Iranian 

Transactions Regulations (ITR) and makes US parent companies liable for any 

violations, (ii) requires publicly traded companies engaging in certain types of 

Iran-related business to publicly disclose such business to the U.S. Securities and 

Exchange Commission (SEC), and (iii) significantly expands the petroleumrelated 

sanctions in the Iran Sanctions Act (ISA). In addition, on July 31, 2012, 

the Obama Administration issued Executive Order 13622, which provides the US 

Treasury Department with additional authority to sanction persons engaging in 

certain types of transactions involving Iran’s petroleum or petrochemical sectors. 

For details on these recent developments, please see the Client Alert: “Focus on 

Iran – U.S. Government Significantly Expands Sanctions Targeting Iran.” 

President signs bill extending AGOA program, revises CAFTA-DR 

origin rules and extends Burma import restrictions 

On August 10, President Obama signed H.R. 5986 into law as Public Law 112- 

163. The law amends the African Growth and Opportunity Act to extend until 2015 

the third-country fabric program and to add South Sudan to the list of countries 

eligible for designation under that Act and makes technical corrections to the



Harmonized Tariff Schedule of the United States relating to the textile and apparel 

rules of origin for the Dominican Republic-Central America-United States Free 

Trade Agreement (CAFTA-DR) and renews the Burmese Freedom and Democracy 

Act of 2003 for an additional three years. In addition the law extends certain 

Customs fees and adjusts the amounts of any required installment of corporate 

income taxes for corporations with assets of not less than $1 billion (in the preceding 

taxable year). 

USTR announces 2012 Andean Trade Preference Act review 

On August 10, 2012, the Office of the United States Trade Representative 

(USTR) published in the Federal Register a notice and request for petitions for the 

2012 Annual Review of the Andean Trade Preference Act (ATPA). Under this 

process, petitions may be filed calling for the limitation, withdrawal or suspension 

of ATPA or Andean Trade Promotion and Drug Eradication Act of 2002 

(ATPDEA) benefits by presenting evidence that the eligibility criteria of the program 

are not being met. USTR will publish a list of petitions filed in response to 

this announcement in the Federal Register. The deadline for the submission of 

petitions for the 2012 Annual ATPA Review is September 17, 2012. 

USTR seeks public input for notorious markets list 

On August 14, 2012, USTR published a notice in the Federal Register seeking 

comments on the 2012 “Out-of-Cycle Review” of notorious markets. In 2010, 

USTR began publishing the notorious market list as an “Out of Cycle Review” 

separately from the annual Special 301 report. This review of Notorious Markets 

(“Notorious Markets List”) results in the publication of examples of Internet and 

physical markets that have been the subject of enforcement action or that may 

merit further investigation for possible intellectual property infringements. The Notorious 

Markets List does not represent a finding of violation of law, but rather is a 

summary of information that serves to highlight the problem of marketplaces that 

deal in infringing goods and which help sustain global piracy and counterfeiting. 

USTR is requesting written submissions from the public identifying potential Internet 

and physical notorious markets that exist outside the United States and that 

may be included in the 2012 Notorious Markets List. The deadline for interested 

parties to submit written comments is September 14, 2012. 

USTR seeks input for foreign trade barriers report 

On August 15, 2012, USTR published in the Federal Register a notice seeking 

public comments to compile the National Trade Estimate Report on Foreign Trade 

Barriers (NTE). Pursuant to section 181 of the Trade Act of 1974, as amended 

(19 U.S.C. 2241), USTR is required to publish annually the NTE. The Trade Policy 

Staff Committee (TPSC) is requesting interested persons to submit comments 

to assist it in identifying significant barriers to US exports of goods, services, and 

US foreign direct investment for inclusion in the NTE. The TPSC invites written 

comments from the public on issues that USTR should examine in preparing the 

NTE. 

In 2013, USTR will once again release in conjunction with the NTE report two reports 

dealing with additional trade barriers - one on SPS measures and one on 

standards-related measures. USTR will invite written comments from the public 

on issues that should be examined in preparing those two reports through a separate 

notice in the Federal Register that will be forthcoming. Information regarding 

such measures should not be submitted in response to this Notice. Public comments 

are due not later than October 15, 2012.



USTR changes hearing and deadline dates for GSP country practice 

petitions 

On August 16, 2012, USTR published in the Federal Register a notice of change 

in hearing date and related deadlines for the country practice petitions accepted 

as part of the 2011 Annual GSP Review. The hearing date previously announced 

in the Federal Register (77 Fed. Reg. 41209) and the related deadlines for submissions 

of pre-hearing briefs, requests to appear, and post-hearing briefs are 

being changed to those noted below. 

September 18, 2012: Deadline for submission of pre-hearing briefs and requests 

to appear at the October 2, 2012 public hearing; submissions must be received by 

5 p.m. October 2, 2012: The GSP Subcommittee of the Trade Policy Staff Committee 

(TPSC) will convene a public hearing on the country practice petitions at 

1724 F Street, NW, Washington, DC 20508, beginning at 9:30 a.m. October 23, 

2012: Deadline for submission of post-hearing briefs, which must be received by 

5 p.m. 

USTR seeks input on China’s compliance with WTO commitments 

On August 20, 2012, USTR published in the Federal Register a request for comments 

and notice of public hearing concerning China’s compliance with its WTO 

commitments to assist USTR in the preparation of its annual report to the Congress 

on China’s compliance with its accession commitments. Persons wishing 

to testify at the hearing must provide written notification of their intention, as well 

as a copy of their testimony, by noon, September 19, 2012. Written comments are 

due by noon, September 24, 2012. A hearing will be held in Washington, DC, on 

October 3, 2012. 

USTR seeks comments on WTO disputes 

The Office of the US Trade Representative (USTR) published the following documents 

related to WTO disputes in the Federal Register: 

F.R. Date Matter Comments Due 



China – Anti-Dumping and Countervailing Duties on Certain 

Automobiles from The United States [Dispute No. 

WT/DS440/1] 

United States – Countervailing Measures on Certain Hot- 

Rolled Carbon Steel Flat Products from India [Dispute 

No. WTO/DS436] 


Sept. 28, 2012 

State extends comment period for Detroit-Windor bridge permit 

On August 16, 2012, the Department of State published in the Federal Register a 

notice [Public Notice 7982] extending the public comment period for the New International 

Trade Crossing (NITC) Presidential Permit application for the proposed 

Detroit-Windsor bridge. The Department of State had originally set the end 

of the comment period at August 9, 2012. The Department has decided, in response 

to requests, to extend the comment period until September 10, 2012. The 

original notice of receipt of the Presidential Permit application was published by 

the Department of State in the Federal Register on Wednesday, July 11, 2012 

[Public Notice 7951].


ITC seeks comments on modifying or eliminating rules 


On August 9, 2012, the US International Trade Commission (ITC) published in the 

Federal Register a notice stating that it is seeking comments from the public as to 

ITC rules that might be suitable for modification or elimination. This activity is part 

of the ITC’s retrospective analysis of existing rules In response to Executive Order 

13579 of July 11, 2011. The notice contains examples of existing rules identified 

by the ITC for review over the next two years. Comments are due on October 

9, 2012. 

ITC investigations 

The ITC initiated (I), terminated (T), requested information or comments (R) or 

scheduled a hearing (H) regarding the following investigations (other than 337 

and antidumping, countervailing duty or safeguards) this month: (Click on the investigation 

title to obtain details from the Federal Register notice or ITC Press 

Release) 

Investigation. No. and title 

Inv. Nos. TA-131-036 and TA-2104-028: U.S.-Trans-Pacific Partnership 

Free Trade Agreement Including Canada and Mexico: Advice on the Proba- 

ble Economic Effect of Providing Duty-Free Treatment for Imports (I/H) 

Inv. No. 332-532 and 332-536: The Information Technology Agreement: 

Advice and Information on the Proposed Expansion (Parts 1 and 2) (including 

a draft list of information and communications technology (ICT) products 

compiled by USTR) (I/H/R) 

Requested 

by: 

USTR 

USTR 

Inv. No. 332-533 Environmental and Related Services (I/H) USTR 

Inv. No. 332-534 Renewable Energy and Related Services: Recent Developments 

(I/H) 

USTR 

FMC issues report on containerized cargo to US moving through 

Canada and Mexico 

On July 27, 2012, the Federal Maritime Commission (FMC) released a report entitled, 

“Study of U.S. Inland Containerized Cargo Moving Through Canadian and 

Mexican Seaports,” at the request of Members of Congress. The Report concluded 

that 

• carriers shipping cargo through Canadian and Mexican ports violate no 

U.S. law, treaty, agreement, or FMC regulation; 

• numerous factors account for why shippers would elect to use ports in 

Canada or Mexico - - - overall shipment savings, risk mitigation through 

port diversification, perceived transit time benefits, avoidance of the HMT, 

and rail rate disparities; and 

• Congress has many options to consider should it decide to revise or replace 

the current HMT structure in its goal of ensuring maximum competitive 

abilities for all U.S. ports. 

DHS proposes extension of border zone in New Mexico 

On August 9, 2012, the Department of Homeland Security (DHS) published in the 

Federal Register a notice of proposed rulemaking [Docket No. USCBP-2012- 

0030] which would amend the regulations to extend the distance that nonimmigrant 

Mexican nationals presenting certain identification may travel in the US 

without obtaining a CBP Form I-94. Under current DHS regulations, certain



nonimmigrant Mexican nationals presenting a Border Crossing Card, or other 

proper immigration documentation, are not required to obtain a CBP Form I-94, 

Arrival/Departure Record, if they remain within 25 miles of the border (75 miles in 

Arizona). The document proposes to amend the DHS regulations to extend the 

distance these visitors may travel in New Mexico without obtaining a Form I-94 

from 25 miles to 55 miles. This change is intended to promote commerce and 

tourism in southern New Mexico while still ensuring that sufficient safeguards are 

in place to prevent illegal entry to the United States. Written comments must be 

submitted by October 9, 2012. 

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

CBP and US Immigration and Customs Enforcement (ICE) continue to step up 

enforcement of trade compliance violations, as have the other agencies that enforce 

import safety, standards, export and munitions control, sanctions and FCPA 

laws. Rather than reproduce articles on these penalties, seizures and arrests, we 

have decided to list the links to the agency press releases which give details. 

Child pornography, controlled substance and currency related seizures and arrests 

will not be listed, unless connected to trade violations. 

[Agencies: CBP=US Customs and Border Protection, ICE=US Immigration and Customs Enforcement, 

APHIS=Animal & Plant Health Inspection Service, BIS= Bureau of Industry and Security, Office of 

Export Enforcement (Commerce), DOJ=Department of Justice, ATF=Bureau of Alcohol, Tobacco, 

Firearms and Explosives, DEA=Drug Enforcement Administration, FBI=Federal Bureau of Investigation, 

GSA= General services Administration, SEC=Securities and Exchange Commission, 

OFAC=Office of Foreign Assets Control (Treasury), DoD=Dep’t of Defense components [NCIS, DCIS, 

CID, etc.), DDTC= State Dep’t Directorate of Defense Trade Controls, CPSC=Consumer Product 

Safety Comm., USPIS=Postal Inspection Service, FWS=Fish & Wildlife Service, NOAA=National Oceanic 

and Atmospheric Administration, APHIS= Animal & Plant Health Inspection Service, USDA.] 

Date of Release 









Subject 

Order Denying Export Privileges to Steven Neal Greenoe (BIS) 

Order Denying Export Privileges to Universal Industries Limited, Inc. 

(BIS) 

Settlement Order Relating to Global Metcorp LLC [EAR violations] (BIS) 

Pfizer H.C.P. Corp. Agrees to Pay $15 Million Penalty to Resolve Foreign 

Bribery Investigation (SEC, DOJ, FBI) 

CPSC Sues Zen Magnets Over Hazardous, High-Powered Magnetic 

Balls (CPSC) 

Gibson Guitar Corp. Agrees to Resolve Investigation into Lacey Act Viola- 

tions (See article below) (ICE, FWS, DOJ) 

Man convicted for role in international counterfeit drug distribution 

scheme-Search continues for organization's ringleader (ICE, DOJ, 

USPIS, FDA) 

Mahan Airways, Zarand Aviation, Gatewick LLC et al. Order Renewing 

Order Temporarily enying Export Privileges (BIS) 

CBP Seizes More than 18 Million in Fake Women’s Fashion Shoes (CBP) 

SEC Charges Oracle Corporation With FCPA Violations Related to Secret 

Side Funds in India (Oracle to pay $2m to settle) (SEC,DOJ, FBI, 

IRS) 

Maryland man sentenced for criminal copyright infringement (Motion pic- 

tures) (ICE, DOJ) 

Counterfeit Jeans Seized by CBP (CBP) 

Counterfeit Lunch Bags Seized by CBP (CBP) 

Federal Courts Order Seizure of Three Website Domains Involved in Dis- 

tributing Pirated Android Cell Phone Apps (DOJ, FBI 

HSI, local partners seize $18 million in counterfeit contact lenses and 


merchandise (ICE, FDA, Locals, 

Aug. 29, 2012 Leader of Internet Piracy Group “IMAGiNE” Pleads Guilty to Copyright

Date of Release 


Subject 


Infringement Conspiracy (DOJ, ICE) 

Hong Kong Jewelry Exporter Pleads Guilty to Customs Fraud - Supplier 

Aug. 30, 2012 to cable shopping network faces nearly $2 million in fines and restitution 

(CBP, ICE, DOJ) 

CIT says US must provide sufficient facts to show how false country 

of origin was “material” for purposes of a penalty 

On August 30, 2012, in United States v. Active Frontier International, Inc. (Court 

No, 11-00167), the US Court of International Trade (CIT) denied without prejudice 

the US Government’s application for default judgment in the amount of 

$80,596.40, in an action seeking a civil penalty under Section 592,Tariff Act of 

1930, as amended (19 U.S.C. §1592) for alleged negligent false statements of 

country of origin made upon entry of wearing apparel. The penalty was based on 

an amount calculated as 20% of the aggregate dutiable value of the merchandise 

on the seven entries involved. 

In evaluating an application for judgment by default, the court stated that it accepts 

as true all well-pled facts in the complaint, but must reach its own legal conclusions 

as all issues are de novo. Under the statute, the Government has the 

the “burden of proof to establish the act or omission constituting the violation, and 

the alleged violator shall have the burden of proof that the act or omission did not 

occur as a result of negligence.” However in a default case, the CIT said that the 

Government need not plead facts from which the court could conclude that statements 

alleged to be material and false occurred by negligence. 

The CIT said that by using the terms “material and false ” in the statute, that Congress 

did not intend that every false statement in an entry would subject an importer 

to a civil penalty. The CIT found that the government’s complaint did not 

allege facts from which the court could conclude that the alleged false statements 

of country of origin made upon entry were “material” within the meaning of 19 

U.S.C. §1592. Within the complaint, only one paragraph, paragraph nine, addressed 

the question of materiality. That paragraph stated: 

The documents, statements, acts, and/or omissions referenced in paragraphs six 

through eight were materially false because these documents, statements, acts, 

and/or omissions influenced, among other things, CBP’s determinations as to the 

origin and admissibility of the merchandise entered by AFI. 

The court found that the definition of “material statement” in the guidelines published 

by Customs, a statement which “has the natural tendency to influence or is 

capable of influencing” a decision by Customs as to, inter alia, “the source, origin, 

or quality of merchandise,” was a broad definition which would appear to be cover 

the defendant’s statements, but it was not binding on the court. The court also 

found that the complaint alleged no facts from which the court might conclude that 

the declarations of country of origin were relevant to the admissibility of the particular 

merchandise at issue in this case, as described in the complaint or had any 

potential to affect any other determination Customs or another agency was required 

to make under any law applying to the importation of the merchandise. Nor 

did the facts as pled allow the court to discern any other plausible basis on which 

the alleged misstatements could be material. The Court did permit the Government 

to re-file, however.



CBP corrects extension of import restrictions for Cypriot artifacts 

On August 1, 2012, US Customs and Border Protection (CBP) published in the 

Federal Register a correction to the final rule [CBP Dec. 12–13] published in the 

July 13, 2012, Federal Register reflecting an extension of import restrictions on 

certain archaeological and ethnological materials from Cyprus and announcing 

that the Designated List of materials covered by the restrictions has been revised. 

The Designated List and the regulatory text in that document contain language 

which is inadvertently not consistent with the rest of the document as to the historical 

period that the import restrictions cover for ecclesiastical and ritual ethnological 

materials from Cyprus. The document corrects the inconsistent language to 

clarify that ecclesiastical and ritual ethnological materials from Cyprus representing 

the Byzantine and Post Byzantine periods, dating from approximately the 4th 

century A.D. to 1850 A.D., are subject to the import restrictions. 

CBP announces changes to ACE Simplified Entry selection criteria 

On August 14, 2012, CBP published in the Federal Register a notice which announces 

modifications to the National Customs Automation Program (NCAP) test 

concerning the simplified entry functionality in the Automated Commercial Environment 

(ACE). The test’s participant selection criteria are modified to reflect that 

while importer self-filers must still hold a Customs-Trade Partnership Against Terrorism 

(C-TPAT) Tier 2 or higher status to be eligible to participate in the test, the 

CTPAT status of an importer for whom a customs broker files a Simplified Entry is 

no longer an eligibility criterion. In addition, the test is no longer limited to nine (9) 

participants and, for a limited time, CBP is accepting applications from interested 

parties wishing to participate in the test. Prior applicants who were not accepted 

to participate in the test must re-apply for consideration. The Simplified Entry test 

modifications set forth in this document are effective August 14, 2012. Applications 

to participate in this test must be received by CBP within 14 business days 

from August 14, 2012. Comments may be submitted to the website indicated in 

the “Addresses” section in the notice at any time throughout the test. The initial 

phase of the test will run until approximately December 31, 2013. 

On August 15, 2012, Acting CBP Commissioner Aguilar announced the pilot was 

being expanded to other ports and the air transportation mode. CBP announced 

the delivery of Simplified Entry/Cargo Release on June 4, 2012 with the first Simplified 

Entry filings at Indianapolis, Chicago and Atlanta. As of August 10, 2012, 

7,914 Simplified Entries have been filed for 338 importers of record. Based on an 

evaluation of the success of the pilot, CBP is deploying Simplified Entry/Cargo 

Release to additional airports using a regional approach. The port of Seattle is the 

latest port to join the pilot, receiving its first Simplified Entry on August 14, 2012. 

Expansion to the ports of San Francisco, Oakland and Los Angeles will follow 

soon thereafter. A subsequent expansion to the south and southeast, including 

Dallas/Ft. Worth, Houston and Miami, will take place in mid-September, to be 

quickly followed by an expansion to the northeast including Newark, New 

York/JFK and Boston. For additional information on Simplified Entry/Cargo Release, 

including the Frequently Asked Questions, see the CBP Simplified Entry 

website. 

CBP proposes Kimberley Process regulations and recordkeeping 

On August 15, 2012, CBP published in the Federal Register a notice of proposed 

rulemaking [Docket No. USCBP-2012-0022] to amend the CBP regulations by 

adding a new §12.152 to 19 C.F.R. to set forth the prohibitions and conditions that 

are applicable to the importation and exportation of rough diamonds pursuant to



the Clean Diamond Trade Act, as implemented by the President in Executive Order 

13312 dated July 29, 2003, and the Rough Diamonds Control Regulations 

(RDCR) issued by the Office of Foreign Assets Control of the US Department of 

the Treasury. In addition to restating pertinent provisions of the RDCR, the proposed 

amendments would clarify that any US person exporting from or importing 

into the United States a shipment of rough diamonds must retain for a period of at 

least five years a copy of the Kimberley Process Certificate (KPC) that currently 

must accompany such shipments and make the copy available for inspection 

when requested by CBP. It would amend the recordkeeping requirements to 

make it clear that the import KPC is an “entry record” subject to penalties for failure 

to maintain and produce pursuant to 19 C.F.R. Part 163, and the export KPC 

is a required export record that must be retained, subject to penalties under 19 

U.S.C. §3907. The document also proposes to require formal entry for shipments 

of rough diamonds. Comments must be received on or before October 15, 2012. 

CBP to test centralized decision making at four CEEs 

On August 28, 2012, CBP published in the Federal Register a notice announcing 

CBP’s plan to conduct a general test to further develop the Centers of Excellence 

and Expertise (CEEs) to facilitate the entry of merchandise imported by companies 

within certain industries. The Federal Register document involves testing 

how the following four CEEs will operate with broad decision-making authority: 

the Electronics CEE; Pharmaceuticals, Health & Chemicals CEE; the Automotive 

& Aerospace CEE; and the Petroleum, Natural Gas & Minerals CEE. This notice 

invites public comment concerning the methodology of the test program, identifies 

the purpose of the test and the regulations that will be affected, determines the 

length of the test, explains the application process, and provides the eligibility and 

selection criteria for voluntary participation in the test. The notice also provides 

the legal authority for the test and explains the repercussions and appeals process 

for misconduct under the test. Applications for participation in the test may 

be submitted beginning August 28, 2012. The selection of initial test participants 

will begin no later than September 27, 2012. Applications will be accepted 

throughout the duration of this test. Selected applicants will be individually notified 

of their participation date. 

CBP to expand filing export ocean manifests via DIS 

On August 20, 2012, CBP announced that will begin expanding the pilot project to 

have export ocean manifests filed via e-mail into the Document Imaging System 

(DIS) in place of the physical paper document being presented at the port. The 

paper manifest for those pilot participants will be submitted via a readable PDF 

attachment to an e-mail. 

The expansion will take place as follows: 

• August 20, 2012 – Florida and all Gulf Coast ports to Brownsville, Texas 

and Puerto Rico 

• September 4, 2012 – All East Coast ports and Buffalo, Chicago and Detroit 

• September 17, 2012 – All West Coasts ports including Alaska and Hawaii 

Current pilot participants may immediately begin filing export ocean manifests via 

e-mail into DIS at all Florida, Puerto Rico and Gulf Coast ports to Brownsville, 

Texas.


Requirements for participation: 


• Pilot participants will submit a readable PDF copy of the paper export 

manifest via email to CBP; 

• The e-mail must contain key manifest data elements in the subject line 

and body of the e-mail (the key data elements are needed for the system 

to save, search and process the document). 

Pilot participants will NOT be required to present a paper copy of their CBP Form 

1302A and/or their paper Bill of Ladings (BOLs) to the ports listed above during 

the pilot. 

This pilot is an interim step to the full development of an electronic export manifest 

that will replace the current paper process. This process should help to alleviate 

some of the cost (printing, mailing, couriering, etc) associated with the 

presentation of the paper export manifest to CBP for the trade. 

CBP Trade Symposium 

On August 30, 2012, CBP published in the Federal Register a notice announcing 

that CBP will convene the second of this year’s two trade symposia at the Renaissance 

DC Hotel on Monday, October 29 and Tuesday, October 30, 2012. The 

East Coast Trade Symposium, “Expanding 21st Century Global Partnerships,” will 

be held in Washington, DC and will feature panel discussions involving agency 

personnel, members of the trade community and other government agencies, on 

the agency’s role in international trade initiatives and programs. This year marks 

CBP’s twelfth year hosting trade symposia. Members of the international trade 

and transportation communities and other interested parties are encouraged to 

attend. 

CBP ICPs and other publications and fact sheets 

During the past month, CBP issued the following new or revised Informed Compliance 

Publications (ICPs) in the, “What Every Member of the Trade Community 

Should Know About:…” series, other publications and fact sheets intended for 

the trade: 

• ICP: Instruments of International Traffic [August 2012] 

• ACE Create and Maintain Ocean Conveyances (For Vessel Operating 

Common Carriers Only) [August 2012] 

• ACE Entry Summary (ver. 3.3) US Customs And Border Protection Business 

Rules and Process Document (Trade) 

• Benefits of ACE for Brokers Fact Sheet [August 2012] 

• Benefits of ACE for Importers Fact Sheet [August 2012] 

• Simplified Entry Pilot FAQs: Technical [August 15, 2012] 

• Simplified Entry Pilot FAQs: Policy [August 2012] 

• C-TPAT Mutual Recognition Fact Sheet [July 2012] 

• Technical Requirements for Ocean Export Manifest Submission via DIS 

Email - Document Imaging System (DIS) 

• ACE/ITDS “ACEopedia” August 2012 

• ACE Trade Account Owner August 2012 Update 

• Are You Ready for ACE e-Manifest: Rail and Sea (M1)? The 45 day 

countdown has begun!



• CEE Test Guidelines - Responsibilities and Procedures for Participating 

Accounts in the Centers of Excellence and Expertise 

Revocations or modifications of CBP rulings 

See separate section below. 

CSMS messages 

The following CBP Cargo Systems Messaging Service (CSMS) notices were issued 

during the period covered by this Update: 

Date CSMS# Title 

12-000288 


12-000289 

Actualización de julio 2012 para el Dueño de Cuenta (TAO) 

In-Bond Error Message “NOT AUTH TO USE CUST BOND” 

12-000290 Trade Intelligence Forum in Miami 

12-000291 Potential Extended ACE Maintenance Window this Weekend 

Aug. 3, 2012 12-000292 

El Transcurso del Mantenimiento de ACE puede ser extendido 

este fin de semana 

12-000293 

ACE-e-Manifest: Rail and Sea – The 60 Day Countdown Has 

Begun 

12-000294 


12-000295 

August 9th Broker Regulation Webinar Reminder 

CBP 2012 East Coast Trade Symposium 

Aug. 7, 2012 12-000296 Create and Maintain Ocean Conveyance Records in ACE 

Aug. 9, 2012 12-000297 ACE Certification Outage - Saturday, August 11, 2012 

12-000298 


New Version of the ACE Business Rules and Process Document 

Posted to CBP.gov 

12-000299 FDA Status Message Problems 

12-000302 

Federal Register Notice Published Announcing Expansion of 

Simplified Entry Pilot 

12-000303 ACE Certification Outage Wednesday, August 15, 2012 

Aug. 14, 2012 12-000304 ACE Certification Outage - Friday, August 17, 2012 

12-000305 Clean Diamond Trade Act Reminder 

12-000306 FDA Status Message Problems Update 

12-000307 FDA Status Message Problems Update 


Acting CBP Commissioner Announces Expansion of Simplified 

Entry/Cargo Release Pilot 

12-000309 

Issuance of Revised Customs and Border Protection Form 

(CBPF) 7501 Instructions 


Update to Retroactive Merchandise Processing Fee (MFP) 

Increase 

12-000311 Unreferenced U.S. Treasury Checks 

12-000312 Cargo Selectivity and ISF Processing Issues 

12-000313 

Extended ACE Certification Outage - Today, August 17, 

2012 

12-000314 


12-000315 

New Edits for E214 

Additional Time Needed for ACE Certification Outage - Today, 

August 17, 2012 

12-000316 ACE Certification Outage - Today August 17, 2012 

12-000317 ACE Certification Available!!! 

12-000318 


12-000319 

ISF Response Messages 

Broker Regulation Webinar - Continuing Education (Part 1) 

12-000320 ACE Certification Outage - Wednesday, August 22, 2012 

12-000321 Looking for Volunteers for Cut Flower Pilot in Miami 

12-000322 Expansion of the Export Manifest DIS Pilot 

12-000323 


12-000324 

Time is Running Out! We Need to Hear from You! 

Time is Running Out! We Need to Hear from You! 

12-000325 ACE e-Manifest: Rail and Sea - Less than 45 Days to Go 

12-000326 ACE Certification is Now Available!! 

Aug. 23, 2012 12-000327 Technical Requirements for Ocean Export Manifest Submis-


Date CSMS# Title 


12-000328 

sion via DIS Email 

Updated ACEopedia Available on CBP Website!! 

12-000329 Simplified Entry Frequently Asked Questions 


12-000330 

Port Closures for August 28 - 29, 2012 {mobile, Al, Pascagoula, 

MS, Gulfport, MS] 

12-000331 Port Closures - August 28 - 29, 2012 [New Orleans] 

12-000332 Port Closure - August 29, 2012 [Gramercy, LA] 

12-000333 


12-000334 

Change of Address/Phone Number for the U.S. Food and 

Drug Administration, Buffalo, New York 

ACE Certification Outage – August 29, 2012 

12-000335 ACE Cert deployment on Aug 29, 2012 

12-000336 ACE Cert deployment on Aug 29, 2012 

12-000337 


CBP 2012 East Coast Trade Symposium Registration Opens 

at 1PM Today 

12-000338 ACE Certification Environment is Now Available 

12-000339 


12-000340 

Gramercy, LA Port Closure - August 30, 2012 

Baton Rouge, LA Port Closure - August 29-30, 2012 

12-000341 August 2012 ACE Trade Account Owner Update 

12-000342 


12-000343 

Port Closure-New Orleans - August 30, 2012 

Subsequent Inbonds in ACE Allowed only after full Inbond 

arrival 

Census announces updated AES manual 

On August 24, 2012 (AES Broadcast #2012056), the Bureau of Census, Foreign 

Trade Division would like to announce the revision of the Automated Export System 

(AES) Best Practices Manual. In addition to revised content as needed in 

each section, there is a new Export Filing Resources section for a comprehensive 

“at-a-glance” look at some of the tools that will assist filers in getting it right the 

first time. 

Postal Service publishes rule on electronic transmission of Customs 

data on outbound international letter post items 

On August 23, 2012, the US Postal Service published in the Federal Register a 

final rule with a comment period which revises the Mailing Standards of the United 

States Postal Service, International Mail Manual (IMM ® ) to require that Customs 

data be electronically transmitted for international letter-post mailpieces 

bearing a Customs declaration form when the items are paid with a permit imprint. 

The requirements will apply to the following classes of mail when the item bears a 

PS Form 2976, Customs Declaration CN 22 — Sender’s Declaration: 

• First-Class Mail International ® . 

• Airmail M-bags. 

• International Priority Airmail (IPA ® ), including IPA M-bags. 

• International Surface Air Lift® (ISAL ® ), including ISAL M-bags. 

The final rule is effective on November 5, 2012. Comments must be filed on or 

before September 24, 2012. 

Treasury publishes list of international boycott countries 

On August 17, 2012, the Treasury Department (Treasury) published in the Federal 

Register a current list of countries which require or may require participation in, 

or cooperation with, an international boycott (within the meaning of section



999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best information 

currently available to Treasury, the following countries require or may require 

participation in, or cooperation with, an international boycott: Iraq, Kuwait, 

Lebanon, Libya, Qatar, Saudi Arabia, Syria, United Arab Emirates, and Yemen. 

OFAC publishes General Licenses related to Burma (Myanmar) 

On August 10, 2012, the Office of Foreign Assets Control (OFAC) published in 

the Federal Register a notice publishing General License No. 16 and General License 

No. 17 issued under the Burma sanctions program on July 11, 2012. General 

License No. 16 authorizes the exportation or reexportation of financial services 

to Burma, subject to certain limitations. General License No. 17 authorizes 

new investment in Burma, subject to certain limitations and requirements. The 

effective date was July 11, 2012. 

OFAC issues guidance on humanitarian assistance to Iran 

In light of the recent Iranian earthquakes, on August 14, 2012, OFAC posted on 

its website a document entitled, Clarifying Guidance on Humanitarian Assistance 

to Iran. The guidance covers the following topics: 

• Donations of food and medicine to relieve human suffering; 

• Exportation or re-exportation of medical devices to Iran; 

• Personal remittances to Iran (including a personal transfer of funds from 

the U.S. to Iran to assist a friend or family); 

• Charitable donations of funds to Iran; and 

• Nongovernmental organizations wishing to engage in earthquake relief efforts. 

On August 21, 2012, OFAC issued General License C which authorizes until October 

5, 2012, the collection of donations and fund transfers by US based taxexempt 

non-governmental organizations (NGOs), subject to restrictions in the 

General License, in direct support of humamitarian relief and reconstruction activities 

in response to the August 11 th earthquake. NGO transfers may not exceed 

US$300,000 in the aggregate over the 45 day license period and reporting is required. 

BIS corrects Commerce Control List in 2012 C.F.R. 

On August 2, 2012, the Bureau of Industry and Security (BIS) published in the 

Federal Register corrections to the Commerce Control List in Title 15 of the Code 

of Federal Regulations, Parts 300 to 799, revised as of January 1, 2012, in supplement 

no. 1 to part 774, Category 6. 

On August 7, 2012, BIS published corrections to the Commerce Control List in 

Title 15 of the Code of Federal Regulations, Parts 300 to 799, revised as of January 

1, 2012, in supplement no. 1 to part 774, Categories 7 and 9. 

On August 14, 2012, BIS published a correction to a Federal Register notice published 

on July 26, 2012, correcting the Title 15 C.F.R. Commerce Control List.



Restrictive measures and additions to OFAC, State BIS blocking orders, 

designations, sanctions and entity lists 

During the past month, the following notices adding, removing or continuing persons 

(including entities) to/from restrictive measures lists were published in the 

Federal Register by the Office of Foreign Assets Control (OFAC), by the State 

Department (State) or the Bureau of Industry and Security (BIS): 

F.R. Date Applicable orders 










BIS: In the Matter of: Steven Neal Greenoe, … Order Denying Export 

Privileges 

BIS: In the Matter of: Universal Industries Limited, …; Order Denying 

Export Privileges 

OFAC: Actions Taken Pursuant to Executive Order 13382 (“Blocking 

Property of Weapons of Mass Destruction Proliferators and Their Sup- 

porters.”) [unblocking of 3 entities and 7 vessels] 

State: In the Matter of the Designation of Azzam Abdullah Zureik Al- 

Maulid Al-Subhi also known as (aka) Azzam al-Subhi …[etc.] as a Specially 

Designated Global Terrorist pursuant to Section 1(b) of Executive 

Order 13224, as amended [Public Notice 7975] 

OFAC: Additional Designations, Foreign Narcotics Kingpin Designation 

Act [3 individuals, 5 entities] 

BIS: Order Renewing Order Temporarily Denying Export Privileges - In 

the matter of: Mahan Airways, et al. 

OFAC: Designation of One (1) Entity Pursuant to Executive Order 

13582 of August 17, 2011, “Blocking Property of the Government of 

Syria and Prohibiting Certain Transactions With Respect to Syria” 

OFAC: Unblocking of One (1) individual Designated Pursuant to Executive 

Order 13573 (“Blocking Property of Senior Officials of the Government 

of Syria”) 

OFAC: Additional Designations, Foreign Narcotics Kingpin Designation 

Act 

State: In the Matter of the Review of the Designation of the Jaish-e- 

Mohammed (JEM and other aliases) As a Foreign Terrorist Organization 

pursuant to Section 219 of the Immigration and Nationality Act, as 

amended [Public Notice: 7999] 

SEC adopts final Conflict Minerals rules 

On August 22, 2012, the US Securities and Exchange Commission (SEC) announced 

that it had adopted a final rule mandated by §1502 of the Dodd-Frank 

Wall Street Reform and Consumer Protection Act to require companies to publicly 

disclose their use of conflict minerals that originated in the Democratic Republic 

of the Congo (DRC) or an adjoining country. Congress enacted Section 1502 of 

the Act because of concerns that the exploitation and trade of conflict minerals by 

armed groups is helping to finance conflict in the DRC region and is contributing 

to an emergency humanitarian crisis. 

The regulatory reform law directed the SEC to issue rules requiring certain companies 

to disclose their use of conflict minerals that include tantalum, tin, gold, or 

tungsten if those minerals are “necessary to the functionality or production of a 

product” manufactured by those companies. Companies are required to provide 

this disclosure on a new form to be filed with the SEC called Form SD. 

Under the final rule, issuers are required to file for the same period — a calendar 

year — regardless of when their fiscal year ends. Companies will file their first 

specialized disclosure report on May 31, 2014 (for the 2013 calendar year) and 

annually on May 31 every year thereafter. The SEC staff has prepared a Fact



Sheet which summarizes the new rule. The new rule will be effective 60 days 

after publication in the Federal Register. 

Labor extends CAFTA-DR review 

On August 27, 2012, the Department of Labor published in the Federal Register 

a notice stating that the Office of Trade and Labor Affairs (OTLA) in the Bureau of 

International Labor Affairs (ILAB) has determined that an extension of time is required 

for its review of Submission #2011-03 concerning the Dominican Republic 

(the Submission) filed under Chapter Sixteen (the Labor Chapter) of the Dominican 

Republic – Central America – United States Free Trade Agreement (CAFTA- 

DR). 

FTC extends deadline for comments on guides 

On August 20, 2012, the Federal Trade Commission (FTC) published in the Federal 

Register a notice extending the deadline for filing public comments on the 

Guides for the Jewelry, Precious Metals, and Pewter Industries. The original notice 

requesting comments on the Guides was published in the Federal Register 

on July 2, 2012 (77 Fed. Reg. 39201). The original deadline for providing comments 

was August 27, 2012. The new deadline is September 28, 2012. 

Gibson Guitar resolves Lacey Act charges 

On August 6, 2012, the US Department of Justice (DOJ) announced that the Gibson 

Guitar Corp. had entered into a criminal enforcement agreement with the 

United States to resolve a criminal investigation into allegations that the company 

violated the Lacey Act by illegally purchasing and importing ebony wood from 

Madagascar and rosewood and ebony from India. 

Under the agreement, 

• The US will defer prosecution for criminal violations of the Lacey Act and 

will decline charging Gibson criminally in connection with its order, purchase 

or importation of ebony from Madagascar and ebony and rosewood 

from India, provided that Gibson fully carries out its obligations under 

the agreement, and commits no future violations of law, including 

Lacey Act violations; 

• Gibson will be required to pay a penalty amount of $300,000 and a community 

service payment of $50,000 to the National Fish and Wildlife 

Foundation to be used to promote the conservation, identification and 

propagation of protected tree; 

• Gibson will implement a compliance program designed to strengthen its 

compliance controls and procedures; and 

• Gibson will withdraw its claims to wood seized in the course of the criminal 

investigation, including Madagascar ebony from shipments with a total 

invoice value of $261,844. 

In May 2008, the Lacey Act was amended to prohibit the importation into the 

United States of plants and plant products (including wood) that have been harvested 

and exported in violation of the laws of another country. A major goal of 

the amendment was to address the environmental and economic impact of illegal 

logging around the world. The harvest of ebony in, and export of, unfinished ebony 

from Madagascar has been banned since 2006.



According to DOJ, an employee of Gibson participated in a 2008 trip to Madagascar, 

sponsored by a non-profit organization and was told that a law passed in 

2006 in Madagascar banned the harvest of ebony and the export of any ebony 

products, including fingerboard blanks, that were not in finished form. Participants 

also visited the facility of the exporter in Madagascar, from which Gibson’s 

supplier sourced its Madagascar ebony, and were informed that the wood at the 

facility was under seizure at that time and could not be moved. After Gibson’s 

employee returned with this information, the information he learned was conveyed 

to superiors and management at the company but was not further investigated or 

acted upon prior to Gibson continuing to place orders with its supplier. Gibson 

received four shipments of Madagascar ebony fingerboard blanks from its supplier 

between October 2008 and September 2009. 

This case was investigated by the US Fish and Wildlife Service with assistance 

from US Immigration and Customs Enforcement. The case was handled by the 

Environmental Crimes Section of DOJ and the US Attorney’s Office for the Middle 

District of Tennessee. 

CPSC to hold “Safety Academy” for the public 

On August 14, 2012, the Consumer Product Safety Commission (CPSC) published 

in the Federal Register a notice announcing its intent to hold a 1-day CPSC 

Safety Academy to discuss current requirements, including testing and certification 

of children’s products, the mandatory toy standard, and compliance issues. 

The CPSC Safety Academy will be held from 8:00 a.m. to 4:00 p.m. on September 

20, 2012, at the CPSC’s headquarters in Bethesda, MD. CPSC invites interested 

parties to participate in or attend the CPSC Safety Academy. Individuals 

interested in serving on panels or presenting information at the CPSC Safety 

Academy should register by September 4, 2012; all other individuals who wish to 

attend in person should register by September 14, 2012. See the notice for the 

topics and panel sessions. Select panels will be webcast and other panels will be 

taped and made available on the CPSC website. 

CPSC Federal Register documents 

The following Consumer Product Safety Commission (CPSC) documents which 

may be of interest to importers were published Federal Register during the past 

month: 


Aug. 10, 2012 Zen Magnets, LLC Complaint [CPSC Docket No. 12-2] 

Aug. 14, 2012 CPSC Safety Academy [September 20, 2012] (N) 

All-Terrain Vehicle Safety Summit [CPSC Docket No. CPSC-2012-0048] 


(N) 

Safety Standard for Play Yards [CPSC Docket No. CPSC-2011-0064] 

(FR) 


Safety Standard for Play Yards [CPSC Docket No. CPSC-2011-0064] 

(PR) 

Petition Requesting Rulemaking to Revise Test Procedures for Glazing 


Materials in Architectural Products [Petition CP12-3] (RFC) 

TTB issues new Notice on roll-your-own cigarette machines 

On July 6, 2012, the President signed into law the Moving Ahead for Progress in 

the 21st Century Act (also known as “MAP-21” or the highway bill), Public Law 

No. 112-141. Section 100122 of that act provides that any person who, for com-



mercial purposes, makes available machines capable of making tobacco products 

for consumer use in a retail establishment is considered a “manufacturer of tobacco 

products” for purposes of the Internal Revenue Code of 1986 and thus falls 

under the jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau (TTB). 

Such “manufacturers” are required to apply for a permit from TTB, as well as pay 

Federal excise taxes and comply with other TTB regulatory requirements. 

Because of an injunction issued by a federal court prior to the enactment of MAP- 

21, TTB is not currently processing applications or providing any guidance regarding 

the administration or enforcement of these provisions. Until the issues raised 

by the injunction are resolved, interested parties may consult TTB’s Permits 

Online homepage for general information about the permitting process, and may 

also submit any questions for TTB. TTB states that it is unable to consider or respond 

to any questions unless and until the issues raised by the injunction are 

resolved. 

TTB signs MOU with ANVISA 

On August 13, 2012, Alcohol and Tobacco Tax and Trade Bureau (TTB) Acting 

Assistant Administrator, Theresa M. McCarthy and Brazilian National Health Surveillance 

Agency (ANVISA) Director-President Dirceu Brás Aparecido Barbano 

signed a Memorandum of Understanding (MOU) intended to establish a consistent 

channel for information exchange regarding imported and exported tobacco 

products. 

The MOU, also available in Portuguese, signed in Rio de Janeiro, Brazil, also 

seeks to establish a consultative and collaborative process in order to strengthen 

cooperation in developing technical methodologies for supporting regulatory enforcement 

efforts, as well as in exchanging information with a view to developing 

cooperative laboratory testing procedures for tobacco classification and compliance 

determinations. 

FDA warns foreign cigarette website operators of US FDA violations 

On August 8, 2012, the US Food & drug Administration (FDA) posted on its website, 

a warning letter sent to a Moldava seller of cigarettes advising it that the cigarettes 

products listed on its websites and offered for sale to US customers violated 

21 U.S.C. § 321(rr) (section 201(rr) of the Federal Food, Drug, and Cosmetic 

Act (the FD&C Act), as amended by the Family Smoking Prevention and Tobacco 

Control Act), because the products are tobacco products because they are 

made or derived from tobacco and intended for human consumption. Certain tobacco 

products, including cigarettes, are subject to FDA jurisdiction under 21 

U.S.C. § 387a(b). The letter further advises that FDA has determined that certain 

cigarettes are adulterated under 21 U.S.C. § 387b(8) because they are promoted 

as “lights” (modified risk tobacco products) without an FDA order in effect that 

permits such promotion. Additionally, FDA determined that several of the products 

are either adulterated under 21 U.S.C. § 387b(5) because they contain flavorings 

or misbranded under 21 U.S.C. § 387c(a)(1), because they claim they have flavorings 

when they do not. A similar warning letter has been sent to another Moldava 

seller. Another warning letter was sent to an Australian web seller advising 

them that their offerings of “light” and “ultra light” cigarettes violates 21 U.S.C. § 

387b(8).


FDA Federal Register documents 


The FDA has posted the following Federal Register guides, notices or documents 

which may be of interest to international traders: 








Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 

2013 [Docket No. FDA–2012–N–0806] (N) 

Animal Generic Drug User Fee Rates and Payment Procedures for Fiscal 

Year 2013 [Docket No. FDA–2012–N–0807] (N) 

Biosimilar User Fee Rates for Fiscal Year 2013 [Docket No. FDA–2012– 

N–0007] (N) 

Prescription Drug User Fee Rates for Fiscal Year 2013 [Docket No. FDA– 

2012–N–0007] (N) 

Food Safety Modernization Act Domestic and Foreign Facility Reinspection, 

Recall, and Importer Reinspection Fee Rates for Fiscal Year 2013 

[Docket No. FDA–2012–N–0799] (N) 

Implementation of Device Registration and Listing Requirements Enacted 

in the Public Health Security and Bioterrorism Preparedness and Response 

Act of 2002, the Medical Device User Fee and Modernization Act 

of 2002, and Title II of the Food and Drug Administration Amendments 

Act of 2007 [Docket No. FDA-2009-N-0114] (FR) 

Draft Guidance for Industry: Necessity of the Use of Food Categories in 

Food Facility Registrations and Updates to Food Categories; Availability 

[Docket No. FDA-2012-D-0585] (N) 

Food and Drug Administration Modernization Act of 1997: Modifications 

to the List of Recognized Standards, Recognition List Number: 029 

[Docket No. FDA-2004-N-0451] (N) 

Agreements and Memoranda of Understanding Between the Food and 

Drug Administration and Other Departments, Agencies, and Organizations 

[Docket No. FDA-2012-N-0205] (FR) 

Animal Drugs, Feeds, and Related Products; Regulation of Carcinogenic 

Compounds in Food-Producing Animals [Docket No. FDA-2010-N-0612] 

(FR) 

Food Additives Permitted for Direct Addition to Food for Human Consumption; 

Vitamin D2 Bakers Yeast [Docket No. FDA-2009-F-0570] (FR) 

APHIS and other USDA notices issued 

During the past month, the Animal and Plant Health Inspection Service (APHIS) 

and other US Department of Agriculture (USDA) agencies issued the following 

Federal Register notices during the past month which may be of interest to international 

traders. [USDA=Office of the Secretary, FAS=Foreign Agricultural Service, 

AMS=Agricultural Marketing Service, FSIS=Food Safety Inspection Service]: 





AMS: National Organic Program; Amendments to the National List of 

Allowed and Prohibited Substances (Crops, Livestock and Processing) 

[Document Number AMS-NOP-11-0058; NOP-11-09FR] (FR) 

APHIS: Notice of Determination of the Foot-and-Mouth Disease Status of 

Japan [Docket No. APHIS-2010-0077] (N) 

APHIS: Chrysanthemum White Rust Regulatory Status and Restrictions 

[Docket No. APHIS-2012-0001] (AN) 

AMS: Specialty Crops; Import Regulations; New Pistachio Import Requirements 

[Doc. No. AMS-FV-09-0064; FV09-999-1 FR] (FR) 

AMS: United States Standards for Grades of Grapefruit Juice [Document 

No. AMS-FV-11–0050, FV-12-328] (N) 

USDA: Adjustment of Appendices to the Dairy Tariff-Rate Import Quota 

Licensing Regulation for the 2012 Tariff-Rate Quota Year




FAS: Assessment of Fees for Dairy Import Licenses for the 2013 Tariff- 

Rate Import 

AMS: Cotton Board Rules and Regulations: Adjusting Supplemental As- 


sessment on Imports [Doc. AMS-CN-11-0091] 

FAS GAIN reports 

Below is a partial list of Global Agriculture Information Network (GAIN) reports 

that were recently issued by the US Foreign Agriculture Service (FAS) in the Food 

and Agricultural Import Regulations and Standards (FAIRS) series as well as other 

reports related to import or export requirements. These provide valuable information 

on regulatory standards, export guides, and MRL (maximum residue limits). 

Information about, and access to, other GAIN reports may be found at the 

FAS website. 

• Australia - Exporter Guide 

• Australia - Food and Agricultural Import Regulations and Standards - Narrative 

• Croatia - Food and Agricultural Import Regulations and Standards - Narrative 

• Croatia Food and Agricultural Import Regulations and Standards - Narrative 

• EU - exporting Pet Food to the EU 

• India - Additional instructions on date of manufacture and batch number 

• India - FSSAI releases fresh advisory on product approval procedures 

• India - FSSAI sets new laboratory testing procedures for imported food 

• Israel - Food and Agricultural Import Regulations and Standards - Narrative 

• Japan - Designation of Azoxystrobin and Chlorous Acid Water as Food 

Additive 

• Japan - Guide to Japanese Labeling Requirements for Post Harvest Fungicide 

• Japan - New MRLs for Abamectin and Other 5 Substances 

• Mexico - New Options to Obtain SENASICA Import-Export Documents 

• Russia - Customs Union Technical Regulation on Safety of Grain 

• Russia - Customs Union Technical Regulation on Safety of Packaging 

• Russia - Draft Regulation on Issuance of Veterinary Certificates 

• Thailand - Thai FDA Amends Import Requirement on Cry 9C DNA Presence 

in Food 

• UK - Exporter Guide 

NMFS allows imports of tuna caught by Spanish purse-seine vessels 

On August 20, 2012, National Marine Fisheries Service (NMFS), National Oceanic 

and Atmospheric Administration (NOAA) published in the Federal Register a 

notice announcing that the Assistant Administrator for Fisheries, NMFS, (Assistant 

Administrator) has renewed the affirmative finding for the Government of 

Spain under the Marine Mammal Protection Act (MMPA). The affirmative finding 

will allow yellowfin tuna harvested in the eastern tropical Pacific Ocean (ETP) in 

compliance with the International Dolphin Conservation Program (IDCP) by Span-



ish-flag purse seine vessels or purse seine vessels operating under Spanish jurisdiction 

to be imported into the United States. The affirmative finding was based 

on review of documentary evidence submitted by the Government of Spain and 

obtained from the Inter-American Tropical Tuna Commission (IATTC). The affirmative 

finding annual renewal is effective from April 1, 2012, through March 31, 

2013. 

NMFS lifts trade restrictive measures 

On August 29, 2012, NMFS/NOAA published in the Federal Register a final rule 

[Docket No. 120510051-2335-02] which lifts the trade restrictions on importing 

bigeye tuna from Bolivia and Georgia to implement a recommendation adopted at 

the 2011 meeting of the International Commission for the Conservation of Atlantic 

Tunas (ICCAT). Additionally, this rule changes the regulations containing speciesspecific 

harmonized tariff codes to be consistent with recent changes adopted by 

the U.S. International Trade Commission (ITC). The rule becomes effective September 


Federal Register documents 

The following Federal Register documents which may be of interest to international 

traders were published during the past month by various Federal agencies: 






Environmental Protection Agency (EPA): Aldicarb; Proposed Tolerance 

Actions [EPA–HQ–OPP–2005–0163; FRL–9355–8] (PR) 

EPA: 2-Methyl-1,3-propanediol; Exemption From the Requirement of a 

Tolerance [EPA–HQ–OPP–2012–0031; FRL–9352–6] (FR) 

EPA: Pyrimethanil; Pesticide Tolerances [EPA–HQ–OPP–2011–0477; 

FRL–9354–7] (FR) 

Drug Enforcement Administration: Proposed Aggregate Production Quotas 

for Schedule I and II Controlled Substances and Proposed Assessment 

of Annual Needs for the List I Chemicals Ephedrine, 

Pseudoephedrine, and Phenylpropanolamine for 2013 [Docket No. DEA- 

365] (N/RFC) 

EPA: Fluxapyroxad; Pesticide Tolerances Technical Amendment [EPA- 

HQ-OPP-2010-0421; FRL-9355-6] (FR) 

EPA: Rimsulfuron; Pesticide Tolerances [EPA-HQ-OPP-2011-0563; 

FRL-9355-5] (FR) 

Bureau of Industry and Security (BIS): Order Denying Export Privileges 

to Steven Neal Greenoe 

BIS: Order Denying Export Privileges to Universal Industries Limited, 

Inc. 

National Highway Traffic Safety Administration: Vehicle Certification; 

Contents of Certification Labels [Docket No. NHTSA-2012-0093, Notice 

1] (PR) 

NHTSA: Notice of Receipt of Petition for Decision That Nonconforming 

2005 Chevrolet Suburban Multi-Purpose Passenger Vehicles are Eligible 

for Importation [Docket No. NHTSA–2012–0095, Notice 1] 

EPA: Bacillus thuringiensis eCry3.1Ab Protein in Corn; Exemption from 

the Requirement of a Tolerance [EPA-HQ-OPP-2012-0109; FRL-9357-4] 

(FR) 

EPA: Residues of Didecyl Dimethyl Ammonium Chloride; Exemption 

from the Requirement of a Tolerance [EPA-HQ-OPP-2011-0139; FRL- 

9356-6] (FR) 

EPA: Flutriafol; Pesticide Tolerances [EPA-HQ-OPP-2010-0875; FRL- 

9348-8] (FR) 

EPA: Notification of Submission to the Secretary of Agriculture; Pesticides; 

Regulation to Clarify Labeling of Pesticides for Export [EPA-HQ-




OPP-2009-0607; FRL-9357-8] (N) 

EPA: Paraquat Dichloride; Pesticide Tolerances [EPA-HQ-OPP-2010- 

0637; FRL-9357-1] (FR) 

Federal Motor Carrier Safety Administration: Pilot Program on NAFTA 


Trucking Provisions [Docket No FMCSA-2011-0097] (N/RFC) 

NHTSA: Event Data Recorders [Docket No. NHTSA-2012-0099] (FR 

and response to comments) 

Energy: Energy Conservation Standards for Commercial Clothes Washers: 

Public Meeting and Availability of the Framework Document [Docket 

No. EERE–2012–STD–0020] (N) 

EPA: Protection of Stratospheric Ozone: Request for Methyl Bromide 


Critical Use Exemption Applications for 2015, Deadline Extension [EPA- 

HQ-OAR-2012-0375, FRL- 9715-7] 

NHTSA: Federal Motor Vehicle Safety Standards; Motorcycle Helmets 

[Docket No. NHTSA–2012-0112] (FR) 

EPA: Registration Applications for Pesticide Products Containing New 

Active Ingredients [EPA–HQ–OPP–2012–0390; FRL–9357-7] (N) 


NHTSA: Event Data Recorders [Docket No. NHTSA-2008-0004] Denial 

of petition for rulemaking 

Energy: Energy Conservation Program: Test Procedures for Residential 

Dishwashers and Cooking Products [Docket No. EERE–2010–BT–TP– 

0039] (Supplemental PR) 

EPA: Flutriafol; Pesticide Tolerances for Emergency Exemptions [EPA- 

HQ-OPP-2012-0324; FRL-9349-6] (FR) 

EPA: Fludioxonil; Pesticide Tolerances [EPA-HQ-OPP-2011-0395; FRL- 

9357-5] (FR) 


EPA: S-Metolachlor; Pesticide Tolerances [EPA-HQ-OPP-2011-0657; 

FRL-9356-9] (FR) 

EPA: Significant New Use Rules on Certain Chemical Substances [EPA- 

HQ-OPPT-2012-0450; FRL-9358-1] (FR) 

Pipeline and Hazardous Materials Safety Administration (PHMSA): Hazardous 

Materials: Harmonization with International Standards (RRR) 

[Docket Nos. PHMSA-2012-0027 (HM-215L)] (PR) 

Energy: Energy Conservation Program for Consumer Products and Certain 

Commercial and Industrial Equipment: Notice of Policy Amendment 

Regarding Full-Fuel-Cycle Analyses [Docket Number EERE–2010–BT– 

NOA–0028] (N) 

Energy: Energy Conservation Standards for Residential Dehumidifiers: 

Public Meeting and Availability of the Framework Document [Docket No. 

EERE–2012–BT–STD–0027] (N/H) 

Aug. 17, 2012 EPA: Cyprodinil; Pesticide Tolerances [EPA-HQ-OPP-2011-0394; FRL- 

9359-7] (FR) 

EPA: FIFRA Pesticide Registration Review and ESA Consultation Processes; 

Proposal Regarding Stakeholder Input; Request for Comment 

[EPA-HQ-OPP-2012-0442; FRL-9356-5] (N) 

EPA: Ortho-Phthalaldehyde; Receipt of Application for Emergency Exemption, 

Solicitation of Public Comment [EPA-HQ-OPP-2012-0570; 

FRL-9358-4] (N) 

Small Business Administration: Small Business Size Standards; Adop- 

Aug. 20, 2012 tion of 2012 North American Industry Classification System for Size 

Standards (Interim FR/C) 

EPA: Pesticide Tolerance Crop Grouping Program III; Revisions to General 

Tolerance Regulations [EPA-HQ-OPP-2006-0766; FRL-9354-3] 

(FR) 

EPA: Notice of Filing of Several Pesticide Petitions Filed for Residues of 

Aug. 22, 2012 Pesticide Chemicals in or on Various Commodities [EPA-HQ-OPP-2012- 

0001; FRL-9358-9] (N) 

EPA: Didecyl Dimethyl Ammonium Carbonate and Didecyl Dimethyl 

Ammonium Bicarbonate; Exemption From the Requirement of a Tolerance 

[EPA–HQ–OPP–2011–0950; FRL–9359–5] (FR)










NHTSA: Federal Motor Vehicle Safety Standards; Motorcycle Brake 

Systems [Docket No. NHTSA-2012-0123] (FR) 

State: Notice Of Request For Expressions Of Interest By Environmental 

Experts In Assisting The CAFTA-DR Secretariat For Environmental Mat- 

ters With The Preparation Of Factual Records [Public Notice: 7992] 

Commerce - International Trade Administration: Quarterly Update to 

Annual Listing of Foreign Government Subsidies on Articles of Cheese 

Subject to an In-Quota Rate of Duty 

EPA: EPA’s Denial of the Petition To Reconsider the Greenhouse Gas 

Emissions Standards and Fuel Efficiency Standards for Medium- and 

Heavy-Duty Engines and Vehicles [EPA–HQ–OAR–2010–0162; FRL– 

9720–9] Petition denied 

Energy: Energy Conservation Standards for Residential Dehumidifiers: 

Public Meeting and Availability of the Framework Document [Docket 

Number EERE–2012– BT–STD–0027] (E) 

State: Announcement of the Innovation in Arms Control Challenge Under 

the America Competes Reauthorization Act of 2011 [Public Notice: 

7995] (N) 

EPA: Clothianidin; Pesticide Tolerances [EPA-HQ-OPP-2010-0217; 

FRL-9360-4] (FR) 

EPA: Pendimethalin; Pesticide Tolerances [EPA-HQ-OPP-2011-0521; 

FRL-9360-5] (FR) 

EPA: Thifensulfuron Methyl; Pesticide Tolerances [EPA-HQ-OPP-2011- 

0564; FRL-9360-2] (FR) 

NHTSA: Make Inoperative Exemptions; Retrofit On-Off Switches for Air 

Bags [Docket No. NHTSA-2012-0078] (FR) 

PHMSA: Hazardous Materials: Revision to Fireworks Regulations (RRR) 

[Docket No. PHMSA-2010-0320 (HM-257)] (PR) 

EPA: Nitric Acid; Exemption from the Requirement of a Tolerance [EPA- 

HQ-OPP-2012-0116; FRL-9338-2] (FR) 

Commerce publishes lists of scope rulings 

On August 20, 2012, the Import Administration, International Trade Administration, 

Department of Commerce (Commerce) published in the Federal Register a 

notice listing the scope rulings completed between January 1, 2012 and March 


On August 29, 2012, the Commerce published in the Federal Register a notice 

listing the scope rulings completed between April 1, 2012 and June 30, 2012. 

Commerce intends to publish future lists after the close of the next calendar quarter. 

Commerce extends comment time on proposed rules defining factual 

information and setting time limits 

On August 23, 2012, Commerce published in the Federal Register a document 

extending the comment period for its proposed rule (Docket No. ITA-2012-0004, 

published in the Federal Register on July 10, 2012, 77 Fed. Reg. 40534) regarding 

a modification to the definition of factual information and to the time limits for 

the submission of factual information in antidumping (AD) and countervailing duty 

(CVD) proceedings. Commerce has decided to extend the comment period, making 

the new deadline for the submission of public comment September 24, 2012. 



Orders & Reviews section below.


The Americas - South America 

Brazil 

Diário Oficial da União publications 


The following notices, Ordinances (Portarias), Circulars and Resolutions of interest 

to international traders were published in the Diário Oficial da União (Official 

Gazette) during the period covered by this Update. 

DOU Date Subject 






CAMEX Resolution № 53 of Aug. 7, 2012 Dismissal of request for 

reconsideration submitted against the CAMEX Resolution № 25, of 

April 19, 2012. 

CAMEX Resolution № 54 of Aug. 7, 2012 Dismissal of the request for 

reconsideration, with suspensive effect against the CAMEX Resolution 

№ 27, of April 25, 2012. 

CAMEX Resolution № 55 dated Aug. 7, 2012 Dismissal of request for 

reconsideration against the CAMEX Resolution 27, of 25 April 2012. 

CAMEX Resolution № 57 dated Aug. 7, 2012 Establishes Task Force 

to evaluate impacts related to Detailed Nomenclature (GDN), with the 

aim of drawing up a proposal for the aggregation, nationwide, up to four 

(4) digits, and corresponding assignments, the classification of goods 

used in Brazil. 

SECEX Ordinance № 27 of 8 Aug. 2012 amend Annex XVII SECEX 

Ordinance No. 23 of July 14, 2011 

SECEX Ordinance № 28 of 8 Aug. 2012 Amendment to SECEX 

Ordinance No. 23, dated July 14, 2011, and establishes criteria for 

allocation of quotas for imports established by CAMEX Resolution No. 

51 of 24 July 2012 

CAMEX Resolution № 58 of Aug.20, 2012 Grants temporary reduction 

in the rate of import duty under Resolution № 08/08 of the Common 

Market Group of MERCOSUR - GMC. 

CAMEX Resolution № 59 of Aug. 20, 2012 Changes to the Exception 

List of Goods Information Technology and Telecommunications 

CAMEX Resolution № 60 of Aug. 20, 2012 Changes until December 

31, 2013, the rates of the Import Tax on Capital Goods on condition of 

Ex-tariff. 

CAMEX Resolution № 61 of Aug. 20, 2012 Changes to 2% (two 

percent) until December 31, 2013, the rates of import duty levied on 

Telecom and Computing goods on condition Ex-tariff 

SECEX Ordinance № 29 of Aug. 21, 2012 Provides for the reimportation 

of tires from aeronautical use previously exported under 

special temporary export for outward processing 

CAMEX Resolution № 62 of August 23, 2012 Amends List Exceptions 

to the Brazilian MERCOSUR Common External Tariff 



Orders & Reviews section below.

Chile 


National Customs postings and Diario Oficial 


The following documents, which may be of interest to international traders were 

posted to the National Customs Service (NCS) website or published in the Diario 

Oficial de la República de Chile (Official Gazette) or [Partial list; Unofficial translation]. 

Date Subject 


Aug 11, 2012 




NCS: Circular No. 0218 - 08/01/2012 Reiterates instructions on how to 

point the transport document on declarations income. 

NCS: Circular N ° 0219 - 08/02/2012 Train on DAT-canceling shows 

because validations contained in the control implementation suspense 

procedures 

NCS: Circular No. 0221 - 08/03/2012 Communicates list of goods that 

do not require CDA Agricultural and Livestock Service 

NCS: Res. № 4.812 - Modifying the Compendium of Customs Stand- 

ards 

Foreign Relations: Decree № 9 – Promulgating Decision № 23 adopted 

by the Free Trade Commission of the FTA with Central America between 

Chile and El Salvador 

Foreign Relations: Decree № 18 – Promulgating Decision № 22 adopted 

by the Free Trade Commission of the FTA with Central America 

between Chile and Costa Rica 

Hacienda: Decree № 760 - Apply rebates of customs duties for imports 

of wheat and flour of wheat or meslin (meslin) 

NCS: Circular No. 0232 - 08/17/2012 phytosanitary requirement instructions 

from the Agriculture and Livestock Service in importing 

aquatic plants. 

Foreign Relations: Decree № 54. - Enacts Decision № 26 of the Free 

Trade Commission of the Free Trade Agreement between Central 

America and Chile which adopted the general procedure for the sending 

and receiving of certificates of origin issued in electronic form and 

digitally signed between the Government of the Republic of Chile and 

the Government of the Republic of Costa Rica 

Foreign Relations: Decree № 20. - Enacts the Agreement which adopts 

the general procedure for the sending and receiving of certificates of 

origin issued in electronic form and digitally signed between the Government 

of the Republic of Chile and the Government of the Republic 

of Ecuador under the Economic Complementation Agreement (ECA 

No. 65) existing between the two countries 

Classification opinions and classification and valuation decisions 

Classification opinions (dictámenes) from 1993 to the present and Classification 

and Valuation decisions (fallos) at the first and second instance levels from 2003 

to the present are available on the Chilean National Customs Service website. 

Colombia 

DIAN issues resolution on minimum descriptions for imported goods 

On June 13, 2012, the Dirección de Impuestos y Aduanas Nacionales (DIAN, the 

Tax and Customs Agency) issued Resolution № 0178 which outlines the minimum 

descriptions for imported goods for each chapter (or in some cases, headings 

or subheadings) in the Harmonized Tariff with examples. The information is 

to be shown in the Spanish language, but if the commercial documents use another 

language, a Spanish translation is acceptable.


Asia-Pacific 


[Please note that material pertaining to the Eurasian Economic Community (Eur- 

AsEC) and the new Customs Union between Russia, Belarus and Kazakhstan is 

shown under EUROPE.] 

Australia 

Australia bans cluster munitions 

On 21 August 2012, the Minister for Defence, Attorney-General and Minister for 

Foreign Affairs announced that legislation to ban cluster munitions had passed. 

The passage of the Criminal Code Amendment (Cluster Munitions Prohibition) Bill 

2010 includes legislative measures necessary to give effect to the Convention on 

Cluster Munitions. 

Australia does not have operational stockpiles of cluster munitions and the Australian 

Government will not approve the stockpiling of cluster munitions in Australia 

by foreign governments. 

Once the new legislation commences, it will be an offence to: 

• use, develop, produce, otherwise acquire, stockpile, retain or transfer 

cluster munitions; and 

• assist, encourage or induce anyone to undertake these activities. 

The offences will carry tough penalties of up to 10 years’ imprisonment for individuals 

or a $330,000 fine for bodies corporate. The Government will now move 

as quickly as possible to lodge Australia’s instrument of ratification for the Convention. 

ACBP notices and advices 

The following ACBP Notices (ACN) (other than anti-dumping and countervailing 

duty) and Cargo advices (ACCA) were issued during the period covered by this 

Update: 

Date Series and № Title 

2 Aug. 2012 ACN № 2012/46 

Excise Equivalent Goods Administration – Release of a 

public discussion paper 


Cheese and Curd Quota Scheme - Allocations for 

2012-2013 


Customs Broker Licence Conditions - Guidance to Customs 

Brokers 

6 Aug. 2012 ACCA № 2012/10 

CCF Remediation Identity Data Refresh and Certificate 

Maintenance Shutdown 

Changes to manual clearances of shipper/importer 

13 Aug. 2012 ACCA № 2012/11 owned empty containers and related accessories/ 

equipment 

ACCA № 2012/12 

August 2012 

ACCA № 2012/13 

Centralisation of Manual Postal Import Declaration Processing 

(Replaces ACCA 2011/11) 

Customs Connect Facility Remediation Project Delayed 

ACCA № 2012/14 Changes to Customs Debt Management Processes


Australian Tariff Precedents 


The Australian Customs and Border Protection Service (ACBP) publishes and 

posts its Tariff Precedent Files. Tariff Precedents are considered statements from 

Customs made to provide guidance on various classification issues. 

ACBP reminds stakeholders of public information requirement for 

anti-dumping submissions 

On 28 August 2012, Australian Customs and Border Protection (ACBP) issued 

Australian Customs Dumping Notice № 2012/42 entitled, “Provision of information 

for the public record.” The notice reminds stakeholders that Section 269ZJ of the 

Customs Act 1901 (the Act) requires that ACBP maintain a public record of certain 

investigations and that all redacted or deleted text in documentation provided 

for the Electronic Public Record (EPR) must be accompanied by a summary that 

contains sufficient detail to allow a reasonable understanding of the substance of 

the information. This may be done by providing bracketed text following any redacted 

text. 




China (including Hong Kong SAR) 

China, Taiwan sign investment and Customs cooperation pacts 

On August 10, 2012, China Daily reported that on August 9, 2012, Chinese mainland 

and Taiwanese negotiators signed two cross-Straits agreements on investment 

protection and promotion and customs cooperation, signaling a major step 

forward in the institutionalization of cross-Straits economic cooperation. According 

to the report, “the two sides agreed to offer “just and fair treatment” to their 

respective investors and investment projects, as well as provide them full protection 

and security, by gradually lifting restrictions and introducing a detailed dispute 

settlement mechanism for cross-Straits investments.” The report continues: 

The agreement also highlights an affiliated common understanding on personal 

freedom and safety issues related to cross-Straits investment. 

According to the document, after detaining a Taiwanese resident who works for a 

Taiwan-invested company on the mainland, mainland police will be required to 

inform his or her relatives of the detainment within 24 hours. If the relatives do 

not live in the mainland, police should inform the detainee’s employer. The same 

rules will apply to Taiwanese police. 

In terms of customs cooperation, the mainland and Taiwan will work to simplify 

customs procedures, improve the efficiency of customs clearance and enhance 

the effective supervision of cargo for cross-Straits trade. 

Both sides will gradually work out a scheme to recognize Authorized Economic 

Operators on each side to facilitate their goods’ customs clearance, and they will 

conduct exchanges on the application of radio frequency identification in customs 

supervision and step up sharing customs information. 

The signing of the two agreements has been widely hailed as a key move in 

terms of carrying forward the cross-Straits negotiations following the signing of 

the landmark cross-Straits Economic Cooperation Framework Agreement in



2010 and of deepening the economic cooperation between the mainland and 

Taiwan. 

Other news sources reported that the two sides also agreed on a dispute settlement 

mechanism that offers several settlement options, including negotiations 

between disputing parties, local dispute settlement authorities, the investment 

division of the Cross-Strait Economic Cooperation Committee (ECC) and local 

courts. 

China and Hong Kong sign Supplement 9 to CEPA 

On June 29, 2012, mainland China and the Hong Kong Special Administrative 

Region reached an agreement on the enhancement of economic and trade cooperation 

and exchanges between the two jurisdictions under the Mainland and 

Hong Kong Closer Economic Partnership Arrangement (CEPA) and signed Supplement 

9 to CEPA. 

Supplement 9 provides for a total of 43 measures for services liberalisation and 

trade and investment facilitation, including 37 liberalisation measures in 22 service 

sectors. It also strengthens cooperation in finance and trade and investment 

facilitation and further promotes the mutual recognition of professional qualifications 

between the two jurisdictions. 

Supplement 9 will additionally relax 21 existing service trading sectors, such as 

legal, accounting, banking, securities and medical services. Moreover, the two 

sides have agreed to introduce new liberalisation measures in education services. 

All new measures under Supplement 9 relating to the liberalisation of trade in services 

will take effect on January 1 2013. Including the new measures, the two 

sides have so far announced 338 liberalisation measures in 48 service sectors. 

Supplement 9 also provides the following measures with regard to financial cooperation 

between the two sides: 

• Mainland China will amend and improve the relevant requirements for 

overseas listing to support mainland enterprises and create favourable 

conditions for mainland enterprises to raise capital through direct listing in 

overseas markets. 

• Mainland China and Hong Kong will actively explore ways and means to 

deepen cooperation between the mainland and Hong Kong commodity futures 

markets. 

• The two sides will actively explore the possibility of lowering eligibility requirements 

for Hong Kong's financial institutions to apply for qualified foreign 

institutional investor status. 

Support will be provided for qualified Hong Kong financial institutions to set up 

joint venture securities companies, fund management companies and futures 

companies on the mainland. 

Finally, the two sides will continue to mutually recognise professional qualifications 

between real estate appraisers on the mainland and general practice surveyors 

in Hong Kong, and between cost engineers on the mainland and quantity 

surveyors in Hong Kong. 

For further information on this topic please contact Eugene Lim at Baker & 

McKenzie’s Hong Kong office.


Antidumping and Countervailing Duty Cases 




India 

24/7 Customs clearance to begin at major airports and seaports 

On August 7, 2012, the Prime Minister’s office announced that Customs clearance 

will now be available at identified sea-ports and airports 24x7 in order to facilitate 

trade services. The four airports where this 24x7 facility would be available 

are Delhi, Bangalore, Chennai, and Mumbai. The four ports where this facility 

would be available are Chennai, Kolkata, Kandla and JNPT, Mumbai. 

The 24x7 operations would begin on a pilot basis with Customs operations along 

with all other complementary services. Along with Customs clearance, other government 

agencies such as the concerned port/airport authority, drug controller, 

FSSAI (Food Safety and Standards Authority of India), quarantine, etc., and private 

players such as custodians, CHAs (Customs House Agents), banks, transporters, 

etc., will also have to work 24x7 to synchronize with the extended work 

hours. This would be initially for four months after which efforts would be made to 

expand similar operations at other locations. 

The 24x7 operations would be available for certain categories of imports and exports. 

For imports, the category “No Assessment No Examination” will be covered. 

This would account for 70% of imports. For exports, the 24x7 facility could 

be extended to those exports not claiming benefits. 

The Commissioner of Customs concerned at the above locations will hold meetings 

with all stakeholders. Any additional staff that is required to start these operations 

shall be redeployed from existing resources. Secretary, Commerce and the 

Director General, Foreign Trade will also hold meetings with other support agencies 

to facilitate and ensure 24x7 operations. Operations are scheduled to commence 

on August 25, 2012. The Department of Revenue shall assess the pilot 

and propose expansion of coverage if it is required. 

Other CBEC notifications, circulars and instructions 

The following Central Board of Excise and Customs (CBEC) Customs notifications 

(NT-non tariff, T-tariff), circulars (Circ) and instructions (other than antidumping, 

countervailing duty and safeguard) were issued during the period covered 

by this Update: 

Date Series and № Subject 

1 Aug. 2012 Cir. 21/2012 

Clarification on the scope of exemption Notification 

No.146/94-Customs dated 13-07-1994. 

7 Aug. 2012 Cir. 22/2012 24x7 Customs clearance operations – regarding 

17 Aug. 2012 Not. 46/2012-Cus. (T) 

In Not. 12/2012-Cus. substitute 1% in column 5 

for items shown 

21 Aug. 2012 Not. 47/2012-Cus. (T) 

In Not. 12/2012-Cus. Insert cake and meal nil 

30 Aug. 2012 Circ. 23/2012 

rates 

Applicable rate of CVD on imported Fertilizersregarding






Indonesia 

Export of mineral ores 

While Indonesia has had a long-held policy of trying to encourage domestic 

processing and refining of its mineral resources, the Government has now 

chosen to try to turn that policy into reality. The regulatory changes in relation 

to mineral processing have been so swift that the best way to understand 

them is to look at them chronologically. A recent Client Alert prepared by the Finance 

& Projects team in our Jakarta and Singapore offices reviews this chronology 

and provides summaries of the requirements for exporting. 

Japan 

Review of end user list 

On August 1, 2012, the Ministry of Economy, Trade and Industry (METI) announced 

that it has issued the End User List, providing exporters with information 

on entities belonging to foreign countries of remaining concern over the development 

(and other conduct) of weapons of mass destruction and other items, for the 

purpose of enhancing the effectiveness of the catch-all control on cargos and 

other loads relating to weapons of mass destruction and other items. The “Catchall 

control” is a system that obliges exporters to submit an application for an export 

license for goods that may be used for the development of weapons of mass 

destruction even if they are not subject to export restrictions under international 

agreements. As a result of the review of the End User List based on the latest 

information, the revised list contains 449 entities (increased by 75 entities from 

the previous list) in ten countries and regions. The revised list contains 247 Iranian 

entities (increased by 65 entities from the previous list) and 119 North Korean 

entities (increased by eight entities from the previous list). 

Implementation of the Advance Filing Rules on maritime container 

cargo 

On August 10, 2012, Japan Customs posted information on its website regarding 

implementation of the Advance Filing Rules for Maritime Container Cargo Information. 

On March 30, 2012, a bill to amend part of the Customs Tariff Law and 

relevant laws passed through the Diet. The amendment enacts the Advance Filing 

Rules, which require a vessel operator or a NVOCC to electronically submit to 

Customs information on maritime container cargoes to be loaded on a vessel intended 

to entry into a port in Japan, in principle no later than 24 hours before departure 

of the vessel from a port of loading. The Rules will be implemented in 

March 2014. 

• Summary of the Advance Filing Rules on Maritime Container Cargo Information 

• Data elements of the Advance Filing Rules on Maritime Container Cargo 

Information 

• Relaxed application to the deadline for filing, with regard to short-distance 

shipping routes



• User Connectivity in Advance Filing Rules on Maritime Container Cargo 

Information 

• Business Process Flow under the Advance Filing Rules on Maritime Container 

Cargo Information 

Malaysia 

Customs rulings 

Monthly compendiums of Customs classification rulings (with images where 

available) are available on the recently redesigned Royal Malaysian Customs Department 

website. Although the rulings are written in Malay, the product is usually 

listed in English and there are often English language descriptions and references 

to rulings in English from other Customs administrations. The rulings may be 

found under the topic: Keputusan Ketetapan Kastam. 

New Zealand 

NZ Tariff Notes available 

The New Zealand Customs Service (NZCS) e-Newsletter has announced that the 

2012 edition of the New Zealand Tariff Notes, commonly referred to as the ‘Gold 

Pages’ is now available. These notes have been compiled by the NZCS and are 

designed to be inserted within the pages of the Harmonised System (HS) Explanatory 

Notes Fifth edition (2012). 

The Notes provide information regarding: 

• the addition to Rule of Interpretation 6 and Legal Notes of 

• New Zealand origin inserted in the Tariff 

• terms used in national subdivisions under the headings and subheadings 

of the Harmonised System Nomenclature 

• goods whose classification has been difficult to determine but has been 

resolved either by the Service, an appeal authority, or by the World Customs 

Organization 

• other matters of general interest. 

The cost of these Notes is NZ$120.75 (including GST). They can be ordered 

from: corporate.support@customs.govt.nz . 

Changes to tariff alerts on importation of certain fish types 

The Ministry for Primary Industries has advised the following changes to the controls 

on the importation of certain fish types effective 3 September 2012. Imports 

classified as follows (excluding goods imported from Australia) will require approval: 

• 0302.45.00 Jack and Horse mackerel (Trachurus spp) excluding fillets – 

fresh or chilled 

• 0304.86.00.00K Herring fillets – frozen 

• 0305.44.00.19E Other Tilapia, catfish, carp, eel, nile perch, snakeheads 

– smoked

Taiwan 


Taiwan amends anti-smuggling law 


On June 13, 2012 the Gazette of the office of the President published the 

Amendments to the Statute for Punishment of Smuggling which amends Articles 

2, 4 and 13 of the principal law. The essential points are: 

• to provide for the regulations based on which the Executive Yuan shall 

announce the list of controlled items and the control methods (Article 2); 

• to revise the penalties imposed for causing serious injuries to others while 

committing the offenses of smuggling, and armed resisting arrest or refusing 

inspection (Article 4); and 

• to specify that the amended Article 2 shall take effect on July 30, 2012. 

(Article 13)(3 provisions, p.4-5) 

Europe 

European Union and EFTA 

Customs Code implementing provisions amended 

On 21 August 2012, the Official Journal published Commission Implementing 

Regulation (EU) No 756/2012 of 20 August 2012 amending Regulation (EEC) No 

2454/93 laying down provisions for the implementation of Council Regulation 

(EEC) No 2913/92 establishing the Community Customs Code. The following 

annexes to Regulation (EEC) No 2454/93 are amended as indicated: 

• Annex 30a is amended as set out in Annex I to the Regulation to revise 

certain data element explanatory notes and data elements for entry and 

exit summary declarations; 

• Annex 37 is amended as set out in Annex II to the Regulation to add references 

to Andorra and San Marino, to require use of certain codes from 

Annex 38 and to reference VAT-exempt supply; 

• Annex 38 is amended as set out in Annex III to the Regulation to revise 

country code references for Box 2, to replace the delivery terms in Box 20 

with Incoterms 2000 references, replace packaging codes, reference 

VAT-exempt supply requirements, revise the relief from import and export 

duties table, and reference use of codes for additional documents and 

certificates; 

• Annex 44c is amended as set out in Annex IV to the Regulation to replace 

certain HS codes. 

EFTA and Central America advance in free trade negotiations 

The European Free Trade Association (EFTA) announced that a third round of 

negotiations on a comprehensive free trade agreement between the EFTA States 

and Costa Rica, Guatemala, Honduras and Panama was held on 20-24 August 

2012 in San José, Costa Rica. 

Constructive discussions covered all fields foreseen to be included in the free 

trade agreement between the two sides, allowing for substantial overall progress. 

Delegations concurred to convene again at the end of October 2012 for a next full 

round, with the aim of finalising the negotiating process soon thereafter.



Bilateral merchandise trade between EFTA and the Central American countries 

stood at almost USD 1 billion in 2011. 

Revised ETS package incorporated into the EEA Agreement 

EFTA announced that the Revised Emissions Trading Scheme (ETS) Directive 

(2009/29/EC) and nine other related acts were incorporated into the EEA Agreement 

on 25 July 2012, making the EEA EFTA States part of the improved and 

extended greenhouse gas emissions trading scheme (EU ETS), which began operating 

in the European Union in 2005. The EEA EFTA States of Iceland, Liechtenstein 

and Norway have participated in the EU ETS since 2008 

Commission releases statistics on Customs enforcement of IPR 

The European Commission has released a report entitled, “Report on EU customs 

enforcement of intellectual property rights – Results at the EU border – 

2011”. The 32 page report shows that 2011 detentions increased in quantity and 

value from the preceding year. Overall, China continued to be the main source 

country from where goods suspected of infringing an IPR entered the EU (73% of 

the total amount of articles). As in 2010 for certain product categories, other countries 

remain the main source, notably Turkey for foodstuffs, Panama for alcoholic 

beverages, Thailand for non-alcoholic beverages, Hong Kong for mobile phones, 

their accessories and for computer equipment and Syria for recorded CD/DVD. 

On EU export Bulgarian customs detained several large shipments of packaging 

materials. 

The top categories of articles detained were medicines which accounted for 24% 

of the overall amount, followed by packaging materials (21%), cigarettes (18%), 

clothing (4%), accessories for mobile phones (3%) and labels, tags and stickers 

(2%). 

ECHA’s responsibilities under new PIC regulation 

On 16 August 2012, the European Chemicals Agency (ECHA) announced that as 

the new Prior Informed Consent (PIC) Regulation (Regulation (EU) 649/2012) 

enters into force, ECHA will begin the preparations for its new responsibilities under 

this regulation. The Agency will implement the relevant regulatory framework, 

develop new IT-tools for this and recruit new staff. 

The PIC regulation implements the Rotterdam Convention at EU level and sets 

guidelines for the import and export of certain hazardous chemicals. The recast 

PIC Regulation is now in force, and will apply for industry from 1 March 2014 onwards. 

PIC regulates the import and export of certain hazardous chemicals and requires 

industry to notify their intention to import or export these chemicals. ECHA’s main 

task will be to transmit the notifications to the importing (non-EU) countries, to 

manage all related communication and to keep a database of the notifications. 

Under the current legislation, these tasks are the responsibility of the European 

Commission's Joint Research Centre (JRC). 

The database on the imported and exported hazardous chemicals will be made 

available on ECHA’s website. ECHA will also provide assistance as well as technical 

and scientific guidance to industry, the designated national authorities both 

from the EU and from third countries and the Commission. A summary, entitled 

“Understanding PIC”, may be found on the website.


Commission posts FAQs on compliance with RoHS 


In order to assist companies to understand the recast Directive (2011/65/EU) on 

the restrictions of the use of certain hazardous substances in electrical and electronic 

equipment (EEE) and to comply with the Directive’s requirements, the European 

Commission has posted a Frequently Asked Questions (FAQ) document 

dated 15 June 2012, on its website. The original restrictions of the use of certain 

hazardous substances in electrical and electronic equipment (EEE) was contained 

in Directive 2002/95/EU (RoHS 1). Directive 2011/65/EU (RoHS 2) entered 

into force on 21st July 2011 and requires Member States to transpose the provisions 

into their respective national laws by 2nd January 2013. The RoHS 2 Directive 

is part of the European Union's horizontal waste management legislation. 

The FAQs explain the differences between RoHS 1 and 2. The FAQs are a living 

document and should be read in conjunction with the general principles of the 

New Legislative Framework (NLF) and the Commission’s guide to the implementation 

of directives based on the New Approach and the Global Approach (hereafter 

referred to as the Blue Guide). 

Commission issues tariff classification regulations 

See separate section below for tariff classification regulations issued by the European 

Commission during the period covered by this Update. 


No amendments to the Explanatory Notes to the Combined Nomenclature of the 

European Union were published in the Official Journal during the period covered 

by this Update. 

Binding Tariff Information 

The European Community has created the Binding Tariff Information (BTI) system 

as a tool to assist economic operators to obtain the correct tariff classification for 

goods they intend to import or export. 

Binding Tariff Information is issued on request to economic operators by the customs 

authorities of the Member States. It is valid throughout the Community, regardless 

of the Member State which issued it. For information about an existing 

BTI, you may want to contact the customs administration of the Member State 

which issued it. However, remember that, according to the provisions for data 

protection, there are limitations as to the information an administration can provide. 

You can search and consult existing BTIs on the EBTI-database. 

Official Journal documents 

The following documents of interest to international traders (excluding documents 

relating to day-to-day management of agricultural matters, individual protected 

designations of origin registrations, approvals or restrictions on specific substances 

and fishing rights) were published in the Official Journal: 

OJ Date Subject 


Council Decision of 24 July 2012 on the position to be taken by the European 

Union in the EEA Joint Committee concerning an amendment to 

Annex XX (Environment) to the EEA Agreement [2012/451/EU] 

Corrigendum to Commission Implementing Decision 2011/762/EU of 

24 November 2011 authorising the placing on the market of yeast beta-




glucans as a novel food ingredient under Regulation (EC) No 258/97 of the 

European Parliament and of the Council (OJ L 313, 26.11.2011) 

Council Decision of 10 July 2012 on the position to be taken by the Euro- 

2 Aug. 2012 pean Union in the EEA Joint Committee concerning an amendment to 

Annex XX (Environment) to the EEA Agreement [2012/453/EU] 

Commission Implementing Directive 2012/21/EU of 2 August 2012 amending, 

for the purpose of adaptation to technical progress, Annexes II and III 


to Council Directive 76/768/EEC relating to cosmetic products 

Notice to importers Imports from Israel into the EU [2012/C 232/03] 

Commission Implementing Decision of 3 August 2012 authorising the placing 

on the market of a novel chewing gum base as a novel food ingredient 

under Regulation (EC) No 258/97 of the European Parliament and of the 

Council and repealing Commission Implementing Decision 2011/882/EU 


(notified under document C(2012) 5406) [2012/461/EU] 

Council: Six-monthly Progress Report on the implementation of the EU 

Strategy against the Proliferation of Weapons of Mass Destruction (2012/I) 

[2012/C 237/01] 

Commission Regulation (EU) No 722/2012 of 8 August 2012 concerning 

particular requirements as regards the requirements laid down in Council 

Directives 90/385/EEC and 93/42/EEC with respect to active implantable 

medical devices and medical devices manufactured utilising tissues of 


animal origin 

Commission Implementing Regulation (EU) No 723/2012 of 8 August 2012 

recognising a traditional term provided for in Council Regulation (EC) No 

1234/2007 (Cream — TDT-US-N0017) 

Council Decision of 24 July 2012 on the position to be taken by the European 

Union within the Administrative Committee of the United Nations 

10 Aug. 2012 Economic Commission for Europe regarding the draft Regulation on Lane 

Departure Warning Systems and the draft Regulation on Advanced Emergency 

Braking Systems [2012/469/EU] 

Council Decision of 13 December 2011 on the signing, on behalf of the 

Union, of the Agreement between the United States of America and the 

European Union on the use and transfer of Passenger Name Records to 

the United States Department of Homeland Security [2012/471/EU] 

Council Decision of 26 April 2012 on the conclusion of the Agreement between 

the United States of America and the European Union on the use 

and transfer of passenger name records to the United States Department 

of Homeland Security [2012/472/EU] 


Communication from the Commission concerning the quantity not applied 

for to be added to the quantity fixed for the subperiod 1 October to 

31 December 2012 under certain quotas opened by the Union for pigmeat 

products [2012/C 242/07] 

Communication from the Commission concerning the quantity not applied 

for to be added to the quantity fixed for the subperiod 1 October to 

31 December 2012 under certain quotas opened by the Union for poultrymeat, 

eggs and egg albumin [2012/C 242/08] 

Commission Decision of 23 July 2012 amending Decisions 2002/731/EC, 

2002/732/EC, 2002/733/EC, 2002/735/EC and 2006/66/EC and repealing 

Decision 2002/730/EC concerning technical specifications for interoperability 


Commission Decision of 23 July 2012 amending Decisions 2006/679/EC 

and 2006/860/EC concerning technical specifications for interoperability 


14 Aug. 2012 Commission Decision of 23 July 2012 amending Decisions 2006/861/EC, 

2008/163/EC, 2008/164/EC, 2008/217/EC, 2008/231/EC, 2008/232/EC, 

2008/284/EC, 2011/229/EU, 2011/274/EU, 2011/275/EU, 2011/291/EU 

and 2011/314/EU concerning technical specifications for interoperability 


Commission communication in the framework of the implementation of 

Directive 2006/95/EC of the European Parliament and of the Council of 12 

December 2006 on the harmonisation of the laws of Member States relat-







ing to electrical equipment designed for use within certain voltage limits 

(Publication of titles and references of harmonised standards under the 

directive) [2012/C 245/01] 

Commission Implementing Regulation (EU) No 735/2012 of 14 August 

2012 amending Implementing Regulation (EU) No 540/2011 as regards 

the conditions of approval of the active substance potassium hydrogen 

carbonate 


2012 fixing the coefficients applicable to cereals exported in the form of 

Irish whiskey for the period 2012/2013 

Commission communication in the framework of the implementation of the 

Directive 94/25/EC of the European Parliament and of the Council on the 

approximation of the laws, regulations and administrative provisions of the 

Member States relating to recreational craft (Publication of titles and refer- 

ences of harmonised standards under the directive) [2012/C 246/03] 

Commission Regulation (EU) No 744/2012 of 16 August 2012 amending 

Annexes I and II to Directive 2002/32/EC of the European Parliament and 

of the Council as regards maximum levels for arsenic, fluorine, lead, mercury, 

endosulfan, dioxins, Ambrosia spp., diclazuril and lasalocid A sodium 

and action thresholds for dioxins 


2012 fixing the coefficients applicable to cereals exported in the form of 

Scotch whisky for the period 2012/2013 


2012 approving the active substance Adoxophyes orana granulovirus, in 

accordance with Regulation (EC) No 1107/2009 of the European Parliament 

and of the Council concerning the placing of plant protection products 

on the market, and amending the Annex to Commission Implementing 

Regulation (EU) No 540/2011 

Commission Implementing Decision of 14 August 2012 amending Decision 

2007/777/EC as regards the entries for Israel in the lists of third countries 

from which certain meat products may be introduced into the Union (noti- 

fied under document C(2012) 5703) [2012/479/EU] 


2012 correcting Regulation (EC) No 1235/2008 laying down detailed rules 

for implementation of Council Regulation (EC) No 834/2007 as regards the 

arrangements for imports of organic products from third countries 

Commission Implementing Decision of 16 August 2012 allowing Member 

States to extend provisional authorisations granted for the new active substance 

Aureobasidium pullulans (notified under document C(2012) 5709) 

[2012/480/EU] 

Notice concerning the termination of the Agreement between the European 

Community and the Russian Federation on trade in certain steel products 

and the repeal of Council Regulation (EC) No 1342/2007 on administering 

certain restrictions on imports of certain steel products from the 

Russian Federation 


2012 amending Regulation (EEC) No 2454/93 laying down provisions for 

the implementation of Council Regulation (EEC) No 2913/92 establishing 

the Community Customs Code 

21 Aug. 2012 Commission Implementing Regulation (EU) No 757/2012 of 20 August 

2012 suspending the introduction into the Union of specimens of certain 

species of wild fauna and flora 

Commission Decision of 16 August 2012 establishing the ecological criteria 

for the award of the EU Ecolabel for printed paper (notified under document 

C(2012) 5364 [2012/481/EU] 

Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down 

implementing rules for the airworthiness and environmental certification of 

aircraft and related products, parts and appliances, as well as for the certification 

of design and production organisations 

22 Aug. 2012 Commission Implementing Regulation (EU) No 760/2012 of 21 August








2012 amending Regulation (EC) No 595/2004 as regards the intensity of 

controls carried out by Member States in the framework of the milk quota 

system 


2002/994/EC concerning certain protective measures with regard to the 

products of animal origin imported from China (notified under document 

C(2012) 5753) [2012/482/EU] 

Commission Decision of 20 August 2012 setting a new deadline for the 

submission of dossiers for certain substances to be examined under the 

14-year work programme referred to in Article 16(2) of Directive 98/8/EC of 

the European Parliament and of the Council (notified under document 

C(2012) 5787)[2012/483/EU] 

Corrigendum to Commission Implementing Regulation (EU) No 1006/2011 

of 27 September 2011 amending Annex I to Council Regulation (EEC) 

No 2658/87 on the tariff and statistical nomenclature and on the Common 

Customs Tariff (OJ L 282, 28.10.2011) 

Commission Directive 2012/22/EU of 22 August 2012 amending Directive 

98/8/EC of the European Parliament and of the Council to include 

DDACarbonate as an active substance in Annex I thereto 

Commission Regulation (EU) No 771/2012 of 23 August 2012 making imports 

of bioethanol originating in the United States of America subject to 

registration in application of Article 24(5) of Council Regulation (EC) No 

597/2009 on protection against subsidised imports from countries not 

members of the European Community 

Update of model cards issued by the Ministries of Foreign Affairs of Member 

States to accredited members of diplomatic missions and consular 

representations and members of their families, as referred to in Article 

19(2) of Regulation (EC) No 562/2006 of the European Parliament and of 

the Council establishing a Community Code on the rules governing the 

movement of persons across borders (Schengen Borders Code) ( OJ C 

247, 13.10.2006, p. 85; OJ C 153, 6.7.2007, p. 15; OJ C 64, 19.3.2009, p. 

18; OJ C 239, 6.10.2009, p. 7; OJ C 304, 10.11.2010, p. 6; OJ C 273, 

16.9.2011, p. 11; OJ C 357, 7.12.2011, p. 3; OJ C 88, 24.3.2012, p. 12; OJ 

C 120, 25.4.2012, p. 4; OJ C 182, 22.6.2012, p. 10; OJ C 214, 20.7.2012, 

p. 4; OJ C 238, 8.8.2012, p. 5) [2012/C 255/02] 

Council Decision of 22 June 2012 on the position to be taken by the European 

Union within the Committee on Trade and Sustainable Development 

set up by the Free Trade Agreement between the European Union and its 

Member States, of the one part, and the Republic of Korea, of the other 

part, as regards the operation of the Civil Society Forum and the establishment 

of the Panel of Experts to examine the matters in the areas falling 

within the scope of the Committee on Trade and Sustainable Development 



2007/453/EC as regards the BSE status of Austria, Belgium, Brazil, Colombia, 

Croatia and Nicaragua (notified under document C(2012) 5860) 


Summary of European Union decisions on marketing authorisations in 

respect of medicinal products from 1 July 2012 to 31 July 2012 (Published 

pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the 

European Parliament and of the Council) [2012/C 264/01] 

Summary of European Union decisions on marketing authorisations in 

respect of medicinal products from 1 July 2012 to 31 July 2012 (Decisions 

taken pursuant to Article 34 of Directive 2001/83/EC or Article 38 of Directive 

2001/82/EC) [2012/C 264/02] 

Restrictive measures established, amended, corrected 

During the past month, the following restrictive measures were established, 

amended or corrected:


OJ Date Restrictive Measure 











Council Implementing Decision 2012/454/CFSP of 1 August 2012 implementing 

Decision 2011/486/CFSP concerning restrictive measures directed 

against certain individuals, groups, undertakings and entities in view of the 

situation in Afghanistan 

Council Implementing Regulation (EU) No 705/2012 of 1 August 2012 implementing 

Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive 

measures directed against certain individuals, groups, undertakings and 

entities in view of the situation in Afghanistan 


amending for the 175th time Council Regulation (EC) No 881/2002 imposing 

certain specific restrictive measures directed against certain persons and 

entities associated with the Al Qaida network 

Council Decision 2012/457/CFSP of 2 August 2012 amending Decision 

2010/413/CFSP concerning restrictive measures against Iran 

Council Regulation (EU) No 708/2012 of 2 August 2012 amending Regulation 

(EU) No 267/2012 concerning restrictive measures against Iran 


Regulation (EU) No 267/2012 concerning restrictive measures 

against Iran 

Commission Regulation (EU) No 712/2012 of 3 August 2012 amending 

Regulation (EC) No 1234/2008 concerning the examination of variations to 

the terms of marketing authorisations for medicinal products for human use 

and veterinary medicinal products 


amending Regulation (EU) No 185/2010 laying down detailed measures for 

the implementation of the common basic standards on aviation security as 

regards the methods used for screening persons other than passengers and 

items carried 


amending for the 176th time Council Regulation (EC) No 881/2002 imposing 

certain specific restrictive measures directed against certain persons and 

entities associated with the Al Qaida network 

Corrigendum to Council Implementing Regulation (EU) No 673/2012 of 23 

July 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning 

restrictive measures in view of the situation in Syria (OJ L 196, 

24.7.2012) 

Corrigendum to Council Implementing Decision 2012/424/CFSP of 23 July 

2012 implementing Decision 2011/782/CFSP concerning restrictive 

measures against Syria (OJ L 196, 24.7.2012) 

Council Decision of 7 August 2012 extending the validity of Decision 

2012/96/EU and suspending the application of the appropriate measures set 

out in Decision 2002/148/EC (Zimbabwe) [2012/470/EU] 

Council Implementing Decision 2012/478/CFSP of 16 August 2012 implementing 

Decision 2011/782/CFSP concerning restrictive measures against 

Syria 


Article 32(1) of Regulation (EU) No 36/2012 concerning restric- 

tive measures in view of the situation in Syria 

Corrigendum to Council Implementing Regulation (EU) No 742/2012 of 16 

August 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 

concerning restrictive measures in view of the situation in Syria ( OJ L 219, 

17.8.2012) 

Corrigendum to Council Implementing Decision 2012/478/CFSP of 16 August 

2012 implementing Decision 2011/782/CFSP concerning restrictive 

measures against Syria ( OJ L 219, 17.8.2012) 


amending Council Regulation (EC) No 872/2004 concerning further restrictive 

measures in relation to Liberia






Spain 

Prior notification of shipments of medicinal products to other Member 

States 

The price difference of medicinal products in the different European Union Member 

States has led to an increase in “parallel exports” originating from Spain. This 

has sometimes resulted in a lack of supply of certain medicinal products in the 

national market, causing public health concerns. 

In view of this, the Spanish Agency of Medicines and Health Products (AEMPS) 

has issued Circular 2/2012 (18 June 2012), which establishes a statutory procedure 

for all intra-community exports concerning any medicinal products included 

in the updated list of medicinal products published on AEMPS’ website (List). 

This List includes medicines which, according to the information available to 

AEMPS, can generate a lack of supply. The AEMPS will evaluate the inclusion of 

medicinal products in the List proposed by itself, by healthcare professionals and 

professional associations or by the health authorities of the Autonomous Communities. 

Reasons must be given to justify their being included in the List. The Circular 

does not apply to narcotic and psychotropic medicinal products. 

As of 1 July 2012, the distribution warehouses and marketing authorisation holders 

and pharmaceutical laboratories (the latter upon request by AEMPS) are required 

to issue notifications of shipments of medical products included in the List. 

Notifications shall be issued at least three working days before shipping the medicinal 

products. Several medicinal products may be included in one notification, if 

they have the same country of destination. The notifications must be made online 

and following the procedure described on AEMPS’ website. A template form is 

attached to the Circular as an annex. 

Once the details required by AEMPS have been completed in order to send the 

notification, the issuer may print out a confirmation slip, which must be kept and 

made available to the health authorities for verification purposes if required. 

If, as a result of a notification, supply problems are identified concerning a particular 

medicinal product, AEMPS will communicate this to the issuer of the notification 

within a period of three days and the issuer shall be instructed to cancel the 

shipment. In the event that AEMPS has instructed the issuer to cancel the shipment, 

AEMPS will immediately inform the Autonomous Community for further 

control. 

For further information, please contact Montserrat Llopart and Ariadna Casanueva 

of our Barcelona office.


United Kingdom 


UK revises export controls on Syria and Burma and revokes others 

On 20 August 2012, the UK published The Export Control (Syria and Burma 

Sanctions Amendment) and Miscellaneous Revocations Order 2012 (S.I. 

2012/2125) which comes into effect on 6 September 2012. The Order makes 

provision for the enforcement of certain new trade sanctions against Syria specified 

in Council Regulation (EU) No 509/2012 (OJ No L 156, 16.6.2012, p10) and 

Council Regulation (EU) No 545/2012 (OJ No L 165, 26.6.2012, p23) both of 

which amend Council Regulation (EU) No 36/2012 concerning restrictive 

measures in view of the situation in Syria (“the Amended Syria Regulation”). It 

does so by amending the Export Control (Syria Sanctions) and (Miscellaneous 

Amendments) Order 2012 (S.I. 2012/810) (the “Syria Order”) which makes provision 

for the enforcement of all current trade restrictions against Syria. 

The new measures include prohibitions on trade, technical assistance, financing, 

financial assistance or brokering of equipment which may be used for internal repression 

and a ban on the export or sale of luxury goods to Syria. 

In addition, Council Regulation (EU) No 409/2012 (OJ No L 126, 15.5.2012, p1) 

(the “Burma Amendment Regulation”) temporarily suspends certain trade restrictions 

against Burma specified by Council Regulation (EC) No 194/2008 (OJ 

No L66, 10.3.2008, p1). This Order makes consequential amendments to the Export 

Control (Burma) Order 2008 (S.I. 2008/1098) (the “Burma Order”) to provide 

for the enforcement provisions in relation to the trade measures which have been 

temporarily suspended by the Burma Amendment Regulation to cease to have 

effect until the date specified in that Regulation. 

Article 3 revokes the Export of Goods (Control) (Bosnia-Herzegovina) (ECSC) 

(Revocation) Order 1993, the Export of Goods (Control) (Haiti) (Revocation) Order 

1993 and the Export of Goods (Federal Republic of Yugoslavia) (Control) 

(Revocation) Order 2002, all of which have become spent. 

Article 4 makes amendments to the Syria Order to provide for the enforcement of 

the additional trade sanctions specified by the Amended Syria Regulation. Article 

5 partly modifies the Burma Order to provide for the enforcement provisions in 

relation to the restrictive measures which have been suspended by the Burma 

Amendment Regulation to cease to have effect until 30 April 2013, which is the 

date specified in that Regulation for the suspension to end. 

In addition, article 5 inserts as article 13 of the Burma Order a provision which 

requires the Secretary of State to review the operation and effect of the whole of 

the Burma Order and publish a report within five years after the new article comes 

into force and within every five years after that. Following a review it will fall to the 

Secretary of State to consider whether the Burma Order should remain as it is, or 

be revoked or amended. A further instrument would be needed to revoke the Order 

or to amend it. 

HMRC updates 

The following Customs Information Papers (CIPs) and other notices and publications 

were issued by HM Revenue & Customs:


Release Date Ref. No. and Subject 

Aug. 2012 

Notice 162 - Cider production 

Notice 232 - Customs warehousing 

Notice 237 - Processing Under Customs Control (PCC) 

Notice 701 - Imports 

Notice 770 - Imported goods: end use relief 

ECO Notices to Exporters 


The following Notices to Exporters were issued by the (UK) Export Control Organisation 

(ECO): 

Date Notice No. and Subject 





Notice to Exporters 2012/34 - Amendments to the UK Military List and republication 

of the Control Lists 

Notice to Exporters 2012/35 - Amendments to number of military goods Open 

General Export Licences 

Notice to Exporters 2012/36 - Introduction of exemption from export licensing 

requirements for historic military vehicles to certain named destinations 

Notice to Exporters 2012/37 - Implementation of the European Union Directive 

2009/43/EC (Intra-Community Transfer of Defence Goods or ‘ICT Di- 

rective’) 

Notice to Exporters 2012/38 - Publication of registered licence holders of the 

Open General Trade Control Licence (Maritime Anti-Piracy) 

Notice to Exporters 2012/39 - Businessman jailed for arms dealing between 

North Korea and Azerbaijan in contravention of arms embargo 

Notice to Exporters 2012/40 - New export control legislation concerning Syria 

and Burma 

Other EU-EFTA Notices 

Import-export related measures 

The following import, export or antibribery measures were published in the on-line 

editions of the official gazettes of the countries shown during the period covered 

by this Update. [This is a partial listing, unofficial translations.] *The date shown 

may be the signature date, release date or publication date, depending on local 

practice. 

Date* Measure 

Eire (Ireland) 

S.I. No. 303 of 2012 - European Communities (National Emission Ceilings) 


(Amendment) Regulations 2012 

S.I. No. 305 of 2012 - European Communities (Avian Influenza) (Control on 

Movement of Pet Birds) (Amendment) Regulations 2012 


S.I. No. 306 Of 2012 - European Communities (Avian Influenza) (Precautionary 

Measures) (Amendment) Regulations 2012 

S.I. No. 309 of 2012 - European Communities (Intra-Community Transfers of 


Defence Related Products) (Amendment) Regulations 2012 

S.I. No. 325 of 2012 - European Union (Quality and Safety of Human Organs 


Intended for Transplantation) Regulations 2012 

Liechtenstein 

№ 241 Exchange of Notes between the Principality of Liechtenstein and the 

European Union on the adoption of Commission Implementing Decision of 11 

8 Aug. 2012 July 2012 establishing the list of visa applicants in the United Kingdom (Edinburgh, 

London and Manchester) documents to be submitted (on the 

Schengen acquis)


Date* Measure 


№ 242 Agreement amending Protocol 4 to the Agreement between the EFTA 

States on the Establishment of a Surveillance Authority and a Court of Justice 

№ 250 Proclamation of 14 August 2012 Decision No 61/2009 of the EEA 

Joint Committee 

№ 251 Proclamation of 14 August 2012 of Decision No 128/2009 of the EEA 


№ 252 Proclamation of 14 August 2012 of Decision No 129/2009 of the EEA 



№ 255 Exchange of Notes between the Principality of Liechtenstein and the 

European Union on the adoption of Regulation (EU) No 977/2011 amending 

Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa 

Code) and the implementing decisions determining the timing of Commissioning 

of the Visa Information System (VIS) in a first and second region 

(2011/636/EU and 2012/233/EU) (development of the Schengen acquis) 

№ 256 Proclamation of 21 August 2012 Decision No. 132/2007 of the EEA 


№ 257 Proclamation of 21 August 2012, the Decision No 40/2012 to 43/2012, 

46/2012, 51/2012, 59/2012, 61/2012, 63/2012 and 65/2012 of the EEA Joint 

Committee 


№ 258 Proclamation of 21 August 2012, the decision No. 44/2012, 47/2012 to 

50/2012, 54/2012, 56/2012 to 58/2012, 66/2012 to 68/2012 and 70/2012 to 

73/2012 of the EEA Joint Committee 

№ 259 Proclamation of 21 August 2012 Decision No 60/2012 of the EEA 


№ 273 Proclamation of 26 June 2012 of Decision No 1/2012 of the Joint 

Committee EFTA Egypt 

№ 274 Free Trade Agreement between the EFTA States and Hong Kong, 


China 

№ 275 Agreements on labor standards between the EFTA States and Hong 

Kong, China 

Luxembourg 

13 Aug. 2012 № 167 National Health Laboratory 

№ 171 Framework Agreement on Comprehensive Partnership and Coopera- 


tion - Indonesia 

Norway 

FOR 2012.07.31 No. 770: Regulations amending the Regulations on the 

3 Aug. 2012 common coordinated monitoring program for residues of pesticides in food 

and feed (FKD, MAF, MOH) 

FOR 2012.08.09 No. 799: Regulations amending the Regulations on tech- 

10 Aug. 2012 nical requirements and approval of vehicles, parts and equipment (Motor Vehicle 

Regulations) (SD) 

FOR 2012.08.13 No. 803: Regulations amending the regulations on imports 

14 Aug. 2012 from third countries of certain live animals, bees, bumblebees and fresh meat 

of certain animals (MAF) 

FOR 2012.08.15 No. 811: Decisions about change in the instructions for the 

17 Aug. 2012 inspection and control of import and transit etc. of foodstuffs and products of 

animal origin, etc. from third countries (FKD, MOH, MAF) 

FOR 2012.07.05 No. 818: Regulation amending the Regulation on technical 

requirements and approval of vehicles, parts and equipment (Vehicle Regulations) 

(SD) 


FOR 2012.08.22 No. 824: Regulations amending the regulations regarding 

special safeguards for imports of products of animal origin from China (MAF, 

MOH) 

FOR 2012.08.24 No. 825: Regulations amending the Regulations 25 May 


2012 No 460 on the release of foreign species for forestry purposes (MD) 

FOR 2012.08.23 No. 839: Regulations amending the Regulations on the Reg- 

31 Aug. 2012 istration, Evaluation, Authorisation and Restriction of Chemicals (REACH) 

(MD) 

Poland 

6 Aug. 2012 № 898 Regulation of the Minister of Transport, Construction and Maritime


Date* Measure 


Economy of 13 July 2012 on detailed conditions of implementation of the international 

traffic of hazardous materials 

№ 923 Regulation of the Minister of Economy of 30 July 2012 on a model 

import certificate 


№ 924 Regulation of the Minister of Economy of 30 July 2012 on the model 

applications and permits for trade in items of strategic importance 

№ 976 Government announcement dated 31 July 2012 on the binding force 

of the Memorandum of Understanding between the Government and the 

30 Aug. 2012 Polish Government of the United States of America for reciprocity in defense 

procurement, signed in Washington on 27 August 2011 and in Warsaw on 8 

September 2011 

Spain 

Finance and Public Administration: Resolution of 27 July 2012, by the President 

of the State Tax Administration Agency, amending that of 28 July 1998, 

3 Aug. 2012 regarding structuring the Customs and Excise Services as specialized offices 

and delegations of the State Tax Administration Agency (BOE-A-2012-10421- 

2 p.) 

Resolution of 1 August 2012, the Directorate General of Public Health, Quality 

and Innovation, which repeals the Resolution of April 4, 2003, by adopting 

14 Aug. 2012 special measures for health protection in relation to the importation of certain 

goods from third countries, areas affected by Severe Acute Respiratory Syndrome 

(BOE-A-2012-10822-1 p.) 

Resolution of 23 July 2012, the National Consumer Institute, which extends 

the Annex to Resolution of June 21, 2004, which agreed to publish the refe- 

16 Aug. 2012 rences of harmonized standards UNE EN pursuant to Royal Decree 

1801/2003 of 26 December on general product safety (BOE-A-2012-10946-3 

p.) 

Economy & Competiveness: Resolution of August 10, 2012, the General Secretariat 

of the Treasury and Financial Policy, which publishes the Agreement 

of July 17, 2012, the Commission for the Prevention of Money Laundering 


and Financial Crime, by determining jurisdictions that set requirements equivalent 

to those of Spanish legislation to prevent money laundering and terrorist 

financing (BOE-A-2012-11091-1 p.) 

Switzerland 

Ordinance of the FDF of goods enjoying customs relief according to their employment 

(Ordinance on customs relief, OADou) (RS 631.012) 

Ordinance of the FDF on the rates of contributions to the export of agricultural 

commodities (RS 632.111.723.1) 

OFAG Ordinance Fixing periods and deadlines as well as permission to parts 

of the tariff quota for fresh vegetables, fresh fruit and fresh cut flowers (Ordi- 

14 Aug. 2012 nance on the authorization of imports on the OIELFP) (RS 916.121.100) 

DFE Ordinance on control of import and transit of animals and animal products 

(Ordinance on controls OITE) (RS 916.443.106) 

Protocol of 28 November 2003 on explosive remnants of war to the Convention 

of 10 October 1980 on Prohibitions or Restrictions on the Use of Certain 

Conventional Weapons Which May Be Deemed to Be Excessively Injurious or 

to Have Indiscriminate (Protocol V) (RS 0.515.091.4) 

Ordinance on tariffs for goods traffic with the Partner States Free Trade 

Agreement (except the Member States of the EU and EFTA) (Order on free 

trade 2) (RS 632.319) 

Order fixing the preferential tariffs for developing countries (Ordinance on 

preferences) (RS 632.911) 

DFE Ordinance on the control of the import and transit of animals and animal 

21 Aug. 2012 products (Ordinance on controls, OITE) (RS 916.443.106) 

Ordinance on the export, import and transit of goods used for civilian and 

military specific military goods (Ordinance on the control of assets, OCB) (RS 

946.202.1) 

International Convention of 21 October 1982 on the harmonization of frontier 

controls of goods (RS 0.631.122) 

Protocol amending the Agreement on Agriculture of 27 November 2000 be-


Date* Measure 



tween the Swiss Confederation and the United States of Mexico. Protocol 

amending the Agreement on Agriculture of 27 November 2000 between the 

Swiss Confederation and the United States of Mexico (RS 0.632.315.631.11) 

Federal Decree approving the free trade agreement between the EFTA 

States and Montenegro and the agricultural agreement between Switzerland 

and Montenegro 

Free Trade Agreement between the EFTA States and Montenegro (RS 

0.632.315.731) 

Agricultural Agreement between the Swiss Confederation and Montenegro 

(RS 0.632.315.731.1) 

Decision No 1/2012 of the Joint EFTA-Egypt A Protocol amending the processed 

agricultural products from the Free Trade Agreement of 27 January 

2007 between the EFTA States and the Arab Republic of Egypt (RS 

0.632.313.211) 

Ordinance on the import of agricultural products (Ordinance on agricultural 

imports, OIAgr) (RS 916.01) 

DFE Ordinance on the control of the import and transit of animals and animal 

products (Ordinance on controls, OITE) (RS 916.443.106) 

Customs Convention of 14 November 1975 on the International Transport of 

Goods under Cover of TIR Carnets (TIR Convention) (RS 0.631.252.512) 

Supplementary Agreement of 21 May 2012 on the exchange of notes of 11 

December 2001 concerning the validity of the Swiss law on therapeutic products 

Liechtenstein, on the authorization of placing on the market medicinal 

products containing new active substances (RS 0.812.101.951.41) 

Protocol of 25 March 1972 amending the Single Convention on Narcotic 

Drugs of 1961 (RS 0.812.121.01) 

Exchange of Notes of 21 May 2012 between Switzerland and Liechtenstein 

on the authorization of placing on the market of plant protection products containing 

new active substances (RS 0.916.225.14) 

International Convention of December 2, 1946 for the regulation of whaling 

(RS 0.922.74) 

Restrictive measures established, amended, corrected 

The following restrictive measures (grouped by country) were established, 

amended or corrected and published in the national official journals or agency 

websites during the period covered by this Update. [This is a partial listing, unofficial 

translations.] *The date shown may be the signature date, release date or 

publication date, depending on local practice. 

Date* Restrictive Measure 

Liechtenstein 

№ 243 Regulation of 14 August 2012 concerning the amendment of the Ordinance 

on Sanctions against Liberia 

№ 244 Regulation of 14 August 2012 concerning the amendment of the ordinance 

on measures against Somalia 


on measures against the Islamic Republic of Iran 

№ 246 Regulation of 14 August 2012 concerning the amendment of the Or- 

17 Aug. 2012 dinance on Measures against persons and organizations with ties to the 

group “Al Qaeda” 

№ 247 Regulation of 14 August 2012 concerning the amendment of the Ordinance 

on Measures against persons and organizations with ties to the Taliban 


on measures against certain persons and organizations from Guinea- 

Bissau 

24 Aug. 2012 № 253 Regulation of 21 August 2012 concerning the amendment of the


Date* Restrictive Measure 


Regulation on Measures against persons and organizations with links to the 

Taliban 

№ 254 Regulation of 21 August 2012 concerning the amendment of the 

Regulation on measures against Syria 

Switzerland 

Ordinance on Measures against persons and entities associated with Usama 


bin Laden, “Al Qaeda” or the Taliban (RS946.203) 

Ordinance instituting measures against Liberia (RS 946.231.16) 

21 Aug. 2012 Ordinance on Measures against Syria (RS 946.231.172.7) 

United Kingdom 

SI 2012/2125 - The Export Control (Syria and Burma Sanctions Amendment) 

and Miscellaneous Revocations Order 2012 


SI 2012/929 - Correction Slip This Order amends the Export Control Order 

2008 (S.I. 2008/3231) 

Non EU-EFTA European Countries 

Ukraine 

Pharmaceuticals import licensing 

The Law “On Amending Certain Laws of Ukraine on Licensing Of Import of Pharmaceuticals 

and Defining the Term ‘Active Pharmaceutical Ingredient’”, dated 4 

July 2012, has introduced significant changes to the rules for the import of pharmaceuticals, 

including: 

• from 1 March 2013, the import of pharmaceuticals into the Ukraine will 

require a separate licence; 

• from 1 January 2013, the import of pharmaceuticals into the Ukraine will 

be allowed provided that (i) the remaining period of the medicine's shelf 

life is not less than half of the total shelf life period if the shelf life is under 

one year; and not less than 6 months where the total shelf life is more 

than one year; and (ii) a quality certificate for a given batch (batch release) 

by the producer is provided; and 

• a new definition of the active pharmaceutical ingredient has been introduced 

into the Law of Ukraine “On Medicines”, and from 1 January 2015, 

the import of active pharmaceutical ingredients will require a separate licence. 

The Law became effective on 3 August 2012. 

Only Ukrainian legal entities are eligible to apply for licences for importing pharmaceuticals 

and/or for importing active pharmaceutical ingredients. Foreign 

pharmaceuticals manufacturers currently without a subsidiary in the Ukraine may 

consider establishing such a subsidiary to apply for the necessary licence(s). 

Current importers (distributors) should be encouraged to apply for such licences 

well in advance to ensure that there are no delays in the supply of the manufacturer’s 

products into the Ukraine after the relevant import licence requirements 

take effect. 

For further information please contact Mariana Marchuk of our Kyiv office.


Tariff classification and value information 


The State Customs Service of Ukraine (SCS) issues tariff classification letters (in 

Ukrainian) for the guidance of Customs officers and members of the public. These 

letters are available on the Classification page of the SCS website, along with 

links to the Tariff Nomenclature and Explanatory notes. 

Information on valuation policies may be found (in Ukrainian) on the Control of 

Customs Value page. 

CEFTA 

The Central European Free Trade Agreement (CEFTA) Secretariat maintains a 

CEFTA Trade Portal which provides general information for each member country 

(Albania, Bosnia and Herzegovina, Croatia, Macedonia, Moldova, Montenegro, 

Serbia and UNMIK Kosovo), links to government websites and detailed information 

for each country in each of the following areas: 

• Customs 

• Licensing 

• Sanitary, Phytosanitary & Veterinary Regulation 

• Technical Requirements 

• Border Police Control 

• Trade Regime 

• Public Procurement 

Eurasian Economic Community (EEC) 

New nomenclature and tariff enter into force 

On August 23, 2012, an updated Single Commodity Nomenclature of Foreign 

Economic Activity and Common Customs Tariff of the Customs Union (Товарной 

номенклатуры внешнеэкономической деятельности Таможенного союза 

(ТН ВЭД ТС) и Единого таможенного тарифа Таможенного союза (ЕТТ 

ТС)) came into effect in the Customs Union. The Common Customs Tariff was 

approved by the EEC Board in Decision № 54 on July 16, 2012 for Russia’s entry 

into the WTO. It corresponds to the commitments taken by Russia's membership 

in the international organization. There are in excess of 2,500 changes in the tariff 

associated with Russia’s accession to the WTO. Another 138 codes were adjusted. 

Separately identified in the nomenclature were codes for previously unnamed 

products: high-quality beef, plywood, flooring with a base made of felt, etc. 

EEC Board extends duty free temporary import period for cultural 

property to five years 

On August 16, 2012, the Board of the Eurasian Economic Community announced 

that it had extended the temporary duty free import period for cultural property 

from one year to five years, provided the goods are over 100 years old and remain 

the property of the foreign person who imported them. Previously, in order to 

keep objects free of duty, importers had to repeatedly remove and then re-import 

cultural property (on exhibit, for example) creating additional cost and danger to 

the goods due to constant moves.



Decisions of the Customs Union Commission and the Eurasian 

Economic Commission 

The former Customs Union Commission (CUC) or current Eurasian Economic 

Commission (EEC) Decisions have been posted on the Customs Union website: 

Date Title 

July 16, 2012 





EEC Council Decision № 55, On application by the Republic of Belarus 

and Kazakhstan, import duties, other than the rates the Common 

Customs Tariff of the Customs Union in respect of certain categories of 

goods - comes into force from August 23, 2012 

EEC Council Decision № 57, On the adoption of technical regulations 

of the Customs Union, On the security of explosives based on them 


of the Customs Union” Safety of food additives, flavorings and technical 

aids 


of the Customs Union, On the requirements for lubricants, oils and 

special fluids 


of the Customs Union,” On the security of agricultural and forestry 

tractors and trailers 

EEC Council Decision № 61, On Amendments to the Regulations on 

the single sign-treatment products on the market of the Member States 

of the Customs Union 

EEC Council Decision № 62, On the conditions of stay of the Eurasian 

Economic Commission representative on the territory of the Republic of 

Belarus and the Republic of Kazakhstan 

EEC Council Decision № 63, On the transport corridor Western Europe 

- Western China and the development of transportation and logistics 

capacity of the Single Economic Space 

EEC Council Decision № 64, On Amendments to the Uniform list of 

goods subject to sanitary-epidemiological supervision (control) at the 

customs border and the customs territory of the Customs Union 

EEC Council Decision № 65, On approval of the draft agreement on the 

introduction of common forms of vehicle registration documents 

(passports chassis of the vehicle) and a passport-propelled machines 

and other equipment 

EEC Council Decision № 67, On the list of normative legal acts of 

States - members of the Customs Union and the Common Economic 

Space in the area of competition policy, which are subject to change or 

adopt in order to harmonize the laws of every state in the area of competition 

policy, in accordance with the Agreement on common principles 

and rules of competition 

EEC Council Decision № 68, National treatment in public procurement 

carried out on the territory of the Republic of Belarus and the Russian 

Federation, of the state orders in the electronic forms 

Board Decision № 122, On the list of issues on which the Board of the 

Commission shall hold consultations within the Advisory Committee on 

Natural Monopolies, before making a decision, the Commission or the 

Board of the Commission 

Board Decision № 123, On the list of issues on which the Board of the 

Commission shall hold consultations within the Advisory Committee on 

Transportation and Infrastructure, before making a decision, the Com- 

mission or the Board of the Commission 

Board Decision № 124, Amendments to Certain decisions of the 

Commission of the Customs Union on the temporarily imported cultural 

values 

Board Decision № 125, Conforming the legal base of the Customs Union 

and the Common Economic Space in accordance with the Single 

Commodity Nomenclature of Foreign Economic Activity of the Customs


Date Title 



Union and the Common Customs Tariff of the Customs Union, approved 

by the Board of the Eurasian Economic Commission Decision 

№ 54 on July 16, 2012 

Board Decision № 126, On the proposed decision of the Eurasian Economic 

Commission “Conforming the legal base of the Customs Union 

and the Common Economic Space in accordance with the Single 

Commodity Nomenclature of Foreign Economic Activity of the Customs 

Union and the Common Customs Tariff of the Customs Union, approved 

by the Board of the Eurasian Economic Commission Decision 

№ 54 on July 16, 2012” 

Board Decision № 127, On implementation of the agreement on customs 

statistics of foreign and mutual trade of the Customs Union on 

January 25, 2008 

Board Decision № 128, About the Memorandum of Cooperation between 

the Eurasian Economic Commission and the Interparliamentary 

Assembly of the Eurasian Economic Community 

Board Decision № 129, Advisory Committee on Statistics 

Board Decision № 130, About the Advisory Committee on Macroeconomic 

Policy 

Board Decision № 131, Implementation of the provisions of the Agreement 

on common rules for the provision of industrial subsidies from 

December 9, 2010 to the first half of 2012 

Board Decision № 132, On the regulation of the procedure on how to 

implement monitoring and comparative legal analysis of national legislation 

states - members of the Customs Union and the Common Economic 

Space for compliance with the Agreement on common rules for 

the provision of industrial subsidies on December 9, 2010 

Board Decision № 133, On the list of goods and services placed the 

Eurasian Economic Commission for a single supplier 

Board Decision № 134, On normative legal acts in the non-tariff area 

Board Decision № 135, Amendments to the Decision of the Commission 

of the Customs Union № 378 of September 20, 2010 “On the 

classifiers used for any customs duties,” and the Decision of the Commission 

of the Customs Union № 288 of June 18, 2010 “On the form of 

the customs credit orders and order filling and application of the customs 

receipt voucher” 

Board Decision № 136, Amendments to the Decision of the Commission 

of the Customs Union № 260 of May 20, 2010 “On the forms of 

customs documents” 

Board Decision № 137, Approval of the Advisory Committee on Customs 

Regulation 

Board Decision № 138, of the Working Group on the revision of the 

draft agreement on the features of the Customs Convention on the International 

Transport of Goods under Cover of TIR Carnets of November 

14, 1975 on the customs territory of the Customs Union 

Board Decision № 139, On Amendments to the Customs Union Commission 

Decision № 799 of 23 September 2011 “On Approval of the 

technical regulations of the Customs Union” On safety of cosmetic 

products” 

Board Decision № 140 On amendments to the list of standards as a 

result of which, on a voluntary basis, compliance with the technical regulations 

of the Customs Union “Security lifts” (TR TC 011/2011), and in 

the list of standards containing rules and methods (tests) and measurements, 

including the rules of sampling necessary for the implementation 

and execution of the technical regulations of the Customs Union 

“Security lifts” (TR TC 011/2011) 

Board Decision № 141 Amendments to the Decision of the Commission 

of the Customs Union № 299 of May 28, 2010 “On the application of 

sanitary measures in the Customs Union” in connection with the entry 

into force of technical regulations of the Customs Union 

Board Decision № 142 On establishment of tariff quotas and tariff quo-


Date Title 



tas on imports of certain types of whey on the same territory of the Customs 

Union 

Board Decision № 143 Measures to protect the economic interests of 

producers of stainless steel pipes in the Customs Union 

Board Decision № 144 Approval of the Action Plan on the issue of mutual 

recognition of electronic signature, made in accordance with the 

laws of one state - a member of the Customs Union and the Common 

Economic Space (Republic of Belarus or the Russian Federation) another 

State - a member of the Customs Union and the Common Economic 

Space (Republic of Belarus or the Russian Federation) in order 

to execute the Agreement on government (municipal) procurement 

Board Decision № 145 Measures to ensure the implementation of the 

Agreement on government (municipal) procurement and the Agreement 

on common principles and rules of competition 

Board Decision № 146 the start of negotiations with the Socialist Republic 

of Vietnam on the conclusion of the Agreement on Free Trade 

Board Decision № 147 On creation of a unified system of registration 

and identification of foreign economic activity on the territory of the Customs 

Union and the Common Economic Space 

Preliminary classification decisions issued by the Customs Authorities 

of the States 

The Commission of the Customs Union has posted a table which provides a collection 

of preliminary decisions of the Customs authorities of Russia, Belarus and 

Kazakhstan which involve the tariff classification of goods as of April 2012. The 

tables list the tariff codes, a description, rationale (GRIs) for the decision and 

country that issued the decision. 

Belarus 

Preliminary decisions on tariff classification 

The State Customs Committee maintains a searchable database of preliminary 

decisions on the tariff classification of goods (База данных товаров, в 

отношении которых принято предварительное решение о 

классификации). The database has been updated through August 6, 2012. It 

may be searched by tariff code or description (in Russian). 

Kazakhstan 

Legislation (acts, resolutions, orders, etc.) 

The following Kazakhstan acts, resolutions, and order were posted during the period 

of coverage of this Update: 

Date Subject 

Resolution of the Government of the Republic of Kazakhstan № 885 from 

June 29, 2012 Amending the Decree of the Government of the Republic of 

Kazakhstan № 269 dated March 19, 2003 On approval of the list of imported 

goods on which VAT is paid by offsetting in accordance with the Code of 

June 29, 2012 the Republic of Kazakhstan dated June 12, 2001 On Taxes and Other Obligatory 

Payments to the Budget (Tax Code), Law of the Republic of Kazakhstan 

as of December 10, 2008 On introduction of the Code of the Republic 

of Kazakhstan On Taxes and Other Obligatory Payments to the 

Budget” (Tax Code) and the rules of its formation 

July 17, 2012 Criteria for categorization of customs posts of the territorial departments of


Date Subject 

customs authorities 

Russian Federation 

Preliminary decisions on tariff classification 


The Federal Customs Service (FCS) has a searchable on-line database of preliminary 

decisions on tariff classification. The database has been updated through 

August 1, 2012. It may be searched by tariff code, description (in Russian) or 

note number. 

Legislation (acts, resolutions, orders, etc.) 

The following Russian Federation (RF) Acts, Government Resolutions 

(Постановление Правительства) (GR), Federal Customs Service (FCS) Orders 

and other pieces of legislation were published in the Rossiyskaya Gazeta 

during the period of coverage of this Update: 

R.G. Date of 

Publication 







Subject 

Federal Law 128-FZ (July 28, 2012) On Amending the Federal Law On 

Production and Consumption, and Article 51 of the Budget Code of the 

Russian Federation [utilization duty on vehicles to cover recycling and dis- 

posal] Eff. September 1, 2012 

FCS Order № 1128 (June 9, 2012) On approval of the Administrative Regulations 

of the Federal Customs Service to provide public service to inform 

about the acts of the customs legislation of the Customs Union, the Russian 

law on customs and other legal acts of the Russian Federation in the field of 

customs and advice on customs matters and other matters within the competence 

of customs authorities 

FCS Order № 1116 (June 6, 2012) On Amendments and Additions to FCS 

Order № 1919 (September 20, 2011) [competence of Moscow regional 

Customs] 

FCS Order № 1260 (June 28, 2012) On Amendments to the procedure for 

issuing permits to replace the equivalent of processed products with foreign 

goods, approved by FCS Order № 217 (February 7, 2011) 

FCS Order № 1225 (June 20, 2012) The competence of the Mineralnyie 

customs post of Chechen customs 

FCS Order № 566 (March 26, 2012) Approving the procedures and technologies 

of customs operations for goods, including vehicles imported into 

the territory of special economic zones and exported from the territory of 

special economic zones, and order identification 

FCS Order № 848 (May 2, 2012) On Amendments to the Annex to FCS 

Order № 1135 (September 13, 2007) 

FCS Order № 760 (April 18, 2012) On approval of the Administrative Regulations 

of the Federal Customs Service to provide public services to make 

preliminary decisions on the classification of goods under a single commodity 

nomenclature of foreign economic activity of the Customs Union 

FCS Order № 1335 (July 4, 2012) On Amendments to the procedure of the 

customs authorities for actions related to the issuance of permits for placement 

of goods under the customs procedure for destruction, approved by 

FCS Order № 216 (February 7, 2011) 

Order of the Ministry of Economic Development № 439 (July 19, 2012), On 

approval of the design and application for the establishment of special eco- 

nomic zones, including a list of documents accompanying the application 

Federal List of Extremist Materials (Ministry of Justice) 

FCS Order № 1470 (July 20, 2012) on the failure of the transaction certificate 

for customs declaration of goods

R.G. Date of 

Publication 





Africa 


South Africa 

Subject 


Draft FCS order: “On approval of the submission of documents and information 

to the customs authorities when goods are placed in temporary 

storage (or other temporary storage of goods), accommodation (delivery) of 

goods in temporary storage areas and other places of temporary storage, 

reporting on the goods in temporary storage, and the order and conditions 

of the authorization of the customs authority for the temporary storage of 

goods in other places” 

Draft FCS order: “On the annulment of FCS Order № 1161 (September 23, 

2008)“ 

Draft FCS order: “On Amendments to the Digest of decisions and explanations 

on the classification of a single nomenclature of foreign economic activity 

of the Customs Union (CU HS) of individual items contained in the 

annex to FCS Order № 34-r (March 1, 2012) ‘On HS classification of certain 

goods vehicles’” 

FCS Order № 666 (April 6, 2012) On approval of the Administrative Regulations 

of the Federal Customs Service for the provision of public services to 

keep the register of banks, other credit institutions and insurance companies 

have the right to issue bank guarantees payment of customs duties 

and taxes – Eff: Sept. 2, 2012 

FCS Order № 1555 (August 1, 2012) “The annulment of FCS Order № 

1101 (June 11, 2010) [creating a customs control zone] 

Ministry of Health Order № 61n (August 2, 2012) On approval of the Administrative 

Regulations of the Ministry of Health of the Russian Federation to 

provide public services for the granting of import to the Russian Federation 

and export from the Russian Federation of biological material obtained in 

the clinical trial of the drug for medical use 

Media releases and policy statements 

During the period covered by this Update, the South African Revenue Service 

(SARS) issued the following: 

• 27 August 2012 - SC-CR-A-L05 - Transfer pricing retroactive - External 

Correspondence 

South African Customs and Excise Act Amendments of Rules and 

Tariff Schedules 

Publication 

Date 

Publication 

Details 

GG 35562 

R.609 

3 Aug. 2012 GG 35562 

R.608 

GG 35562 

R.607 

Subject 

Amendment of Schedule No. 3 - Insertion of 

rebate items 307.06/83.00/01.04 to 03.04 and 

rebate items 310.06/83.05/01.04 to 03.04 for 

the manufacture of loose-leaf binders of paper 

and paperboard and of plastics - ITAC Report 

402 

Amendment of Schedule No. 3 - Substitution of 

Note 3(b) 

Amendment of Part 2B of Schedule No. 1 as a 

consequence to the publication of Proclamation 

No. 19 to provide for a single column for 'Excise 

Duty' 

GG 35562 Amendment of Part 2A of Schedule No. 1 as a 

Implementation 

Date 


With retrospective 

effect from 

1 April 2012

Publication 

Date 


Publication 

Details 

Subject 


Implementation 

Date 

R.606 consequence to the publication of Proclamation 

No. 19 to provide for a single column for 'Excise 

Duty' 

GG 35562 Amendment of Schedule No. 1 - Substitution of 

R.605 General Note 5B 

Amendment of Schedule No. 1 - Insertion of 

GG 35553 

R.597 

subheading 3819.00.10 to provide for reduction 

in rate of duty on hydraulic brake fluid - ITAC 

Report 397 

Customs and Excise Act, 1964 – Various Tariff 



Amendments in Schedule No. 1 and in Schedule 

No. 3 (please note implementation dates) 

Rules relating to the form DA 90 - Application 

for refunds on excise duties and fuel levy paid 

on fuel used by diplomatic or other foreign rep- 

GG 35573 


R.620 

resentatives in their vehicles in accordance with 

the requirements of specific tariff items in 

Schedule No. 6 


• Notice R.620 with Rules 

• Form DA 90 

31 Aug. 2012 GG 35626 Amendment of Schedule No. 2 by substitution 31 Aug. 2012 

R.690 of item 206.02/2924.29/03.06 - acetaminophenol 

manufactured by Anqiu Lu'an Pharmaceutical 

Co. Ltd - ITAC Minute M1/2012 

31 Aug. 2012 GG 35626 Imposition of provisional payment on aceta- 31 Aug. 2012 

R.689 minophenol manufactured by Anqiu Lu'an 

Pharmaceutical Co. Ltd classifiable in tariff subheading 

2924.20 imported from or originating in 

China - ITAC Minute M1/2012 

Newsletters, Reports, Articles, Etc. 

Baker & McKenzie Global VAT/GST Newsletter 

Baker & McKenzie’s July 2012 Global VAT/GST Newsletter provides a quick update 

into important developments in the field of VAT/GST across the globe. In 

order to maximize the effectiveness of this newsletter to you, most articles are 

brief and are designed to flag topics that are likely to affect multi-national businesses. 

Contacts for the Global VAT/GST Newsletter are: 

• Erik Scheer (Chair, Baker & McKenzie Global VAT Group) 

• Folkert Idsinga (Chair, Baker & McKenzie European VAT Group) 

• Jan Snel (Steering Committee, Baker & McKenzie Global VAT Group) 

• Edmund Leow (Chair, Baker & McKenzie APAC VAT Group) 

• Roger van de Berg (General Editor) 

Publications, Alerts, Newsletters 

The following Baker & McKenzie publications, client alerts, legal alerts or newsletters 

released during the period of coverage of this Update may be of interest to 

you: 

Subject 

Global: International Trade Compliance Update August 2012


Subject 


Global International Trade Client Alert: Syria Update: Extension of Sanctions 

Global International Trade Client Alert: Focus on Iran U.S. Government Significantly 

Expands Sanctions Targeting Iran 

Global LegalBytes (IT/C) Newsletter August 2012 

Global Immigration and Mobility Practice Legal Alert: US Visa Bulletin Update - EB3 

Advance Continues (August 22, 2012) 

Australia Life Sciences Client Alert: Government Procurement in the Health Sector under 

the Australia – United States Free Trade Agreement (FTA) 

Buenos Aires Tax Alert: Double Taxation Conventions-Termination of the Agreements 

entered into with Chile, Spain and Switzerland (English) Convenios de Doble Imposición 

- Terminación de los Convenios con Chile, España y Suiza (Spanish) 

Buenos Aires Tax Alert: Compulsory cancellation of tax registration of legal entities and 

entrepreneurial collaboration agreements (English) Procedimiento para la cancelación 

de la inscripción de sociedades comerciales y contratos de colaboración empresaria 

que no tengan actividad (Spanish) 

Buenos Aires Administrative and Criminal Banking Law Alert: La “UIF” Ordena a los 

Oficiales de Enlace Registrarse en su Sitio Web (Spanish) 

Buenos Aires Banking/White Collar Crime Alert: Prevención de Lavado de Activos: 

Regulan Obligaciones de Informar y Reportar de los Sujetos Obligados (Spanish) 

Buenos Aires Corporate Alert: Normativa sobre trámites ante la Dirección de Personas 

Jurídicas de la Provincia de Buenos Aires 

Buenos Aires Tax Alert: Agreement executed by and between Argentina and Uruguay 

to Exchange Tax Information and Avoid Double Taxation (English) Acuerdo para el 

Intercambio de Información Tributaria y para Evitar la Doble Imposición entre Argentina 

y Uruguay (Spanish) 

Buenos Aires Customs Alert: Modifican Alícuota de Percepción del Impuesto a las 

Ganancias y del Impuesto al Valor Agregado. (Spanish) 

Buenos Aires Novedad Laboral Newsletter: Salario Mínimo, Vital y Móvil. Aumento 

(Consejo Nac. Empleo, Productividad y Salario Mínimo, Vital y Móvil, Resolución 

2/2012). Vigencia. (BO 30.8.2012) (Spanish) 

China Immigration Client Alert: Employers Beware: Foreign Employees Impacted by 

PRC Entry and Exit Control Law 

Europe Pharmaceutical & Healthcare Newsletter: August 2012 

Jakarta/Singapore Finance & Projects Client Alert: Export of Mineral Ores 

Kuala Lumpur Trade & Consumer Client Alert: Franchise (Amendment) Bill 2012 

Kyiv Banking & Finance Legal Alert: NBU Simplifies Registration of Cross-Border Loans 

Kyiv Banking & Finance Legal Alert: High Court Rules to Permit Lending and Suretyships 

by Legal Entities and Individuals (English) Верховний Суд дозволив 

Юридичним та Фізичним особам надавати кредити і поручительства (Ukrainian) 

Верховный Суд разрешил Юридическим и Физическим лицам предоставлять 

кредиты и поручительства (Russian) 

Kyiv Real Estate & Construction Legal Alert: Ukraine: Auction Rules for Public and Municipal 

Land Explicitly Regulated by Ukrainian Law (English) Україна: врегульовано 

порядок проведення земельних торгів щодо земель державної та комунальної 

власності (Ukrainian) 

London Regulatory & Public Law Group Newsletter: July/August 2012 

North America: Inside the FCPA: The Corruption & Compliance Quarterly 

North America Executive Compensation and Employee Benefits: Compensation & Benefits 

Quarterly Update 2 nd Quarter 2012 

Ukraine Corporate Law: Securities market will see more regulation (English) Держава 

посилює регулювання ринку цінних паперів (Ukrainian) 

Ukraine Legal Alert: Ukraine: Public Procurement Rules Rationalized? 

US Wage and Hour Quarterly: 2 nd Quarter 2012 

US ERISA Counseling and Litigation Quarterly – 2 nd Quarter 2012 

Kuala Lumpur Trade & Consumer Weekly News Highlights 4-10 August 2012 

Kuala Lumpur Trade & Consumer Weekly News Highlights 11-17 August 2012 

Kuala Lumpur Insurance Weekly News Highlights 4-10 August 2012 

Kuala Lumpur Tax Weekly News Highlights 7-13 August 2012 

Kuala Lumpur Insurance Weekly News Highlights 18-24 Aug. 2012


Webinars, Meetings, Seminars, Etc. 

EU Customs Webinar Series: Boost Your Local Compliance 


Our EU Customs Group is bringing together its considerable local knowledge and 

“on the ground” experience to deliver its first webinar series. This series is centred 

around several key EU Customs topics, which have been identified to help companies 

review and boost their local compliance procedures. 

All webinars will begin at 10:00 AM (GMT) on each of the dates listed below and 

are scheduled to run for approximately 90 minutes. Our panel of speakers will 

provide a practical overview of each of the topics listed below, using both examples 

of recent cases and case studies. Our panel of speakers and moderators will 

comprise leading Customs experts from various EMEA locations including: Alexander 

Bychov (Moscow), Ross Denton (London), Jasper Helder (Amsterdam), 

Nicole Looks (Frankfurt), Erik Scheer (Amsterdam). 

If you miss any of the webinars, you will be able to watch them by clicking on the 

title below. If you just want the PowerPoint, click on “For PowerPoint only” after 

the appropriate webinar. 

Webinar Dates and Topics: 

• Tariff classification: Understanding YOUR responsibility to properly 

classify products in the EU Combined Nomenclature [Broadcast: 

March 29, 2012] (For PowerPoint only) 

• Customs valuation: Developments and trends in customs valuation: 

identifying potential risks and savings opportunities [Broadcast: April 

26, 2012] (For PowerPoint only) 

• Origin and FTAs: Update on Free Trade Agreements in the EU: how 

to benefit from trade arrangements [Broadcast: May 24, 2012] [For 

PowerPoint only] 

• Relationships with third parties: Assessing risks on third-party relationships: 

how to deal with your customs broker? [Broadcast: June 

28, 2012] (For PowerPoint only] 

• Thursday, September 20 - CIS developments: Customs compliance 

in Russia, Single Economic Area and CIS 

• Thursday, October 18 - The impact and compliance risks of transfer 

pricing adjustments on customs valuation: Profit based transfer pricing 

vs. cost based customs value: how does it work in practice? 

• Thursday, November 15 - Compliance and risk management: Best 

practices in mitigating risks and tackling your compliance challenges 

• Thursday, December 6 - Building and implementing an effective 

compliance programme for customs, VAT and other indirect taxes: 

Implementing an indirect tax control framework: how does it work? 

Click here to Register for any or all webinars now. Our complimentary webinar 

series is aimed at in-house legal counsel and customs compliance managers, 

ranging from those who are new to the areas concerned, through to experienced 

practitioners who want to refresh their knowledge and learn more about customs 

regulations and compliance. See registration page for CPD and CLE credit information.

The International Trade Compliance 

Update is a publication of 

the Global Trade and Commerce 

Practice Group of Baker & 

McKenzie. Articles and comments 

are intended to provide our 

readers with information on recent 

legal developments and issues 

of significance or interest. 

They should not be regarded or 

relied upon as legal advice or 

opinion. Baker & McKenzie advises 

on all aspects of International 

Trade law. 

Comments on this Update may 

be sent to the Editor: 



+1 202 452 7088 


A note on spelling, grammar 

and dates-- 

In keeping with the global nature 

of Baker & McKenzie, the original 

spelling, grammar and date formatting 

of non-USA English language 

material has been preserved 

from the original source 

whether or not the material appears 

in quotes. 

Credits: 

Unless otherwise indicated, all information 

is taken from official international 

organization or government 

websites, or their newsletters 

or press releases. 

Source documents may be 

accessed by clicking on the blue 

hypertext links. 



Participants can register for one or more of these webinars. We hope that you will 

be able to join us for what should be an interesting and fruitful series. For more 

immediate information, please contact sophie.ash@bakermckenzie.com. 

View 2012 International Trade Compliance Webinars on-line 

Our 2012 Global International Trade Compliance Webinar Series focused on 

“Best Practices” in Customs, Export Control and Sanctions, Antidumping/Countervailing 

Duty, and Anti-Corruption/Anti-Bribery Compliance Programs 

in numerous regions around the world as we explored what major multinationals do 

to have stellar “Best Practices” compliance programs in the international trade 

arena. 

If you missed any of the 90 minute programs in our series or just want a copy of 

the presentation, they are available on our website (Click the blue title to access 

the video and presentation). 

• Anti-Corruption and Anti-Bribery Corruption Compliance Programs in 

the US, EU and China [Broadcast January 10, 2012] 

• Export Control Compliance Programs in the US, EU and Mexico 

[Broadcast February 14, 2012] 

• Trade Sanctions Compliance Programs in the US, EU and Canada 

[Broadcast March 13, 2012] 

• Customs Free Trade Agreements and Duty Preference Compliance 

Programs in the US, Canada, Mexico and China [Broadcast April 17] 

• Customs Valuation and Transfer Pricing Compliance Programs in the 

US, EU and Canada [Broadcast May 15, 2012] 

• Antidumping and Countervailing Duty Compliance Programs in the 

US and Canada [Broadcast June 12, 2012] 

• Customs Classification Compliance Programs in the US, EU and 

China [Broadcast August 28, 2012] 

2011 International Trade Compliance webinar series now on-line 

International Trade Developments and Audits, Investigations and Prior 

Disclosures Around the World 

Baker & McKenzie’s Global International Trade, Compliance and Customs Practice 

Group began its 2011 webinar series in January. Each completed 90 minute 

webinar has been made available on-line in case you missed it or want to see it 

again. 

• US and EU Iran Sanctions Update (Original broadcast: January 18, 

2011) 

• Antidumping/CVD Developments: Asia, North American and Brazil 

(Original broadcast: February 15, 2011) 

• Export Control and Sanctions (Original broadcast: March 15, 2011) 

• Foreign Corrupt Practices Act (FCPA) and Anti-bribery (Original 

broadcast: April 19, 2011) 

• Customs (Europe) (Original broadcast: May 17, 2011) 

• Customs (The Americas) (Part 1) (Original broadcast: May 24, 2011) 

• Customs (The Americas) (Part 2) (Original broadcast: June 14, 2011) 

• Customs (Asia) (Original broadcast: July 19, 2011)



2010 International Trade Compliance webinars still available on-line 

If you missed any of our 2010 International Trade Compliance webinars, they are 

all available on our website and may be viewed on line. Just click on the link below. 

Most are 90 minutes, however those with an * are 2 or more hours long: 

• Customs 101: Classification, Valuation, Origin and Recordkeeping 

(January 2010) 

• *Customs Audits, Enforcement Actions in the North American and 

Asian Regions (February 2010) 

• Customs Audits and Enforcement Actions in the EU and South America 

(March 2010) 

• Export Control Violations in the US, EU, China and Hong Kong (April 

2010) 

• NAFTA Verifications: US, Canadian and Mexican Recent Cases (May 

2010) 

• Antidumping and Countervailing Duties: Trends and Enforcement Issues 

in the US, Canada, and Asia/Pacific (June 2010) 

• *FCPA and Antibribery Investigations and Penalty Actions: US, EU, 

China, Russia and Vietnam (July 2010) 

WTO TBT Notifications 

Country Notification Date Issued 

Member countries of the World Trade Organization (WTO) are required under 

the Agreement on Technical Barriers to Trade (TBT Agreement) to report to the 

WTO all proposed technical regulations that could affect trade with other Member 

countries. The WTO Secretariat distributes this information in the form of “notifications” 

to all Member countries. This chart summarizes notifications in English 

posted by the WTO during the past month. If you are interested in obtaining copies 

of any of these notifications, please contact stuart.seidel@bakermckenzie.com 

who will try to obtain the text. Some notifications are only available in the official 

language of the country publishing the notification. Note: All dates are given as 

mm/dd/yyyy; National flags are not scaled for relative comparison. 

Final Date for 

Comments 

Albania ALB/58 8/6/2012 10/6/2012 

Merchandise Covered 

Presence of dimethylfumarate (DMF) in products 

Albania ALB/59 8/6/2012 10/6/2012 Dangerous imitations products 

Albania ALB/60 8/15/2012 10/15/2012 Fertilizers 

Brazil BRA/294/Add.3 8/9/2012 Not given 

Portable tanks used in land transport of hazardous 

goods 

Brazil BRA/384/Add.2 8/9/2012 Not given Helmets; Safety headgear (HS 6506) 


Festive or other entertainment articles, including 

conjuring tricks and novelty jokes (HS 9505) 

Brazil BRA/460/Add.1 8/9/2012 Not given Commercial electric ovens (HS 8514; 8516.60) 

Brazil BRA/480/Add.1 8/9/2012 Not given Personal protective equipment 

Brazil 

BRA/494 8/9/2012 8/25/2012 

Wires, cables and electrical cords (Electrical 

apparatus for making connections to or in electrical 

circuits) (HS 8536)




Comments 


Brazil BRA/495 8/9/2012 9/25/2012 Vehicle platform lift (HS 8428) 

Brazil BRA/496 8/9/2012 8/22/2012 Health products 


Brazil BRA/485/Add.1 8/21/2012 Not given Cookers (HS 8516.60) 


Pencil sharpeners (HS 8214.10); backpacks and 

briefcases (HS 4202); drawing sets (HS 9017); 

Ball point pens; felt tipped and other porous - 

tipped pens and markers; fountain pens, stylograph 

pens and other pens; duplicating stylos; 

propelling or sliding pencils (HS 9608); student 

rubber (HS 4016); child scissors (HS 8214); 

student glue (HS 3505) and others school items 

Brazil BRA/497 8/21/2012 6/25/2012 Metal cooking pots (HS 7323) 

Brazil BRA/498 8/21/2012 8/3/2012 Biological products 

Brazil BRA/499 8/21/2012 8/3/2012 Biological products 

Brazil BRA/500 8/22/2012 8/31/2012 

Ceramic roofing tiles (HS 6905) or concrete tiles 

(HS 6810) 


Vacuum cleaners (HS 8508.1); Mixers 

(8509.40); Hair dryers (HS 8516.31) 

Canada CAN/368/Corr.1 8/8/2012 Not given Pest control products 

Canada CAN/369 8/6/2012 9/28/2012 Barley food products 

Canada CAN/365/Rev.1 8/24/2012 Not given Food products for human consumption 

Chile CHL/211 7/25/2012 9/23/2012 

Controlled products for marketing or industrial 

use which are harmful to the ozone layer 


Buses providing intercity public or private passenger 

transport services 

Chile CHL/170/Add.1 8/1/2012 Not given 

Household electrical appliances (washing machines) 

Chile CHL/178/Add.1 8/14/2012 Not given 

Residential appliances which burn firewood or 

other biomass fuels 


Electronic audio/video, information technology 

and communication technology equipment 


Electronic audio/video, information technology 

and communication technology equipment 

China CHN/926 8/24/2012 10/24/2012 

Small and medium size rotating electrical machines 

Colombia COL/179 8/20/2012 11/8/2012 

Pollutants: particulate matter (PM), total suspended 

particulate (TSP) matter, ozone, NOx, 

SOx and CO 

Colombia COL/180 8/20/2012 11/8/2012 Clean fuels 

Colombia COL/181 8/20/2012 11/8/2012 Reflective (conspicuity) tape (HS 3919.10) 

Costa Rica CRI/133 7/27/2012 Not given Miscellaneous products 

Czech Republic CZE/161 8/6/2012 10/6/2012 

Processed fruits and vegetables, shell fruits, 

mushrooms and mushroom products, potatoes 

and potato products (HS 2001) 

Ecuador ECU/75/Add.1 8/21/2012 Not given Traffic light systems 

El Salvador SLV/161 8/2/2012 Not given Ripened and unripened cheese




Comments 


El Salvador SLV/162 8/14/2012 10/14/2012 Organic products 

European Union EU/59 8/6/2012 10/6/2012 


Genetically modified plants (GM plants) for 

food/feed uses, food/feed containing or consisting 

of GM plants and food/feed produced from 

GM plants. 

European Union EU/60 8/15/2012 11/15/2012 Light commercial vehicles 

European Union EU/61 8/15/2012 11/15/2012 New passenger cars 

European Union EU/36/Add.1 8/30/2012 Not given Aerosol dispensers 

Georgia GEO/68 6/24/2012 Not given Certification 

Indonesia IDN/4/Add.3 8/24/2012 Not given Fertilizer 

Indonesia IDN/15/Add.1 8/24/2012 Not given Cement (HS 2523) 

Indonesia IDN/16/Add.1 8/24/2012 Not given Steel bars (HS 7213, 7214) 

Indonesia IDN/17/Add.1 8/24/2012 Not given Steel sheet (HS 7210.41, 7210.49, 7212.30) 

Indonesia IDN/19/Add.5 8/24/2012 

Indonesia 

IDN/24/Rev.1/Add. 

2 

Not given by 

country 

8/24/2012 Not given 

Tank Steel for LPG (HS 7311); Valve of Tank 

Steel for LPG (HS 8481.80); LPG Stove of One 

Tank with Mechanic Burning (HS 7321.11, 

7321.81, 7321.90); Low Pressure Regulator for 

LPG Tank Steel (HS 8481.10, 8481.80); Rubber 

Hose for LPG (HS 4009.11, 4009.12) 

Zinc aluminium, coated sheet and coil steel (HS 

7208, 7211) 

Indonesia IDN/25/Add.1 8/24/2012 Not given Melamine products (HS 3924.10) 

Indonesia IDN/34/Add.2 8/24/2012 Not given 

Water pumps (HS 8413.70), electrical iron (HS 

8516.40), audio video (TV CRT) (HS 8540.11) 

Indonesia IDN/43/Add.2 8/24/2012 Not given Steel wire (HS 7312.10, 7217, 7228, 7229) 

Indonesia IDN/45/Add.2 8/24/2012 Not given Profile steels (HS 7216) 

Israel ISR/619 8/1/2012 10/1/2012 Hoses for fire-fighting (HS 5909) 

Israel ISR/620 8/1/2012 10/1/2012 Laundry powders (HS 3402) 

Israel ISR/621 8/1/2012 10/1/2012 Ophthalmic lenses (HS 9001.40-50) 

Israel ISR/622 8/1/2012 10/1/2012 Ophthalmic Lenses (HS 9001.40-50) 

Israel ISR/623 8/1/2012 10/1/2012 Large steam sterilizers (HS 8419.20) 

Israel ISR/624 8/1/2012 10/1/2012 LED-lamps (HS 8541.40) 

Israel ISR/624/Corr.1 8/30/2012 Not given LED-lamps (HS 8541.40) 

Jamaica JAM/33 8/29/2012 10/29/2012 Synthetic laundry detergent powder 

Japan JPN/405 8/1/2012 10/1/2012 

Fire extinguisher, Pump for fire engine, Fire 

hose, Fire alarm, Escape ladder etc. 

Korea, Republic of KOR/380/Add.1 7/31/2012 Not given Cosmetics 

Korea, Republic of KOR/382 8/6/2012 10/6/2012 Livestock products 

Korea, Republic of KOR/383 8/9/2012 10/9/2012 Medical devices




Comments 


Korea, Republic of KOR/370/Add.1 8/20/2012 Not given Medical devices 

Korea, Republic of KOR/384 8/20/2012 10/20/2012 CATV broadcasting facilities 

Korea, Republic of KOR/385 8/23/2012 10/8/2012 Motor vehicles 

Korea, Republic of KOR/386 8/23/2012 10/24/2012 Pharmaceuticals 

Korea, Republic of KOR/329/Rev.1 8/29/2012 Not given Blades of a portable mowing machine 


Korea, Republic of KOR/387 8/29/2012 10/29/2012 Domestic pressure pans and pressure pots 

Korea, Republic of KOR/388 8/29/2012 9/18/2012 Quasi-drugs 

Lithuania LTU/19 8/9/2012 10/9/2012 Fire safety and rescue means and equipment 

Mexico MEX/199/Add.1 8/8/2012 Not given Industrial cranes 

Mexico MEX/217/Add.1 8/1/2012 Not given Pre-packaged products - Net content 

Mexico MEX/226/Add.1 8/14/2012 Not given Food and non-alcoholic beverages for infants 

Mexico MEX/4/Add.3 8/23/2012 Not given Perfumery and beauty products 

New Zealand NZL/63 8/6/2012 10/6/2012 

Psychoactive substances (HS 3824.90; 

2921.19) 

New Zealand NZL/58/Add.1 8/23/2012 Not given Information technology equipment (HS 8471) 

Nicaragua NIC/123 8/17/2012 10/20/2012 Canned tuna and bonito 

Nicaragua NIC/124 8/17/2012 10/17/2012 Canned sardines 

Saudi Arabia SAU/425 7/31/2012 9/30/2012 Tubeless tyres 

Saudi Arabia SAU/426 7/31/2012 9/30/2012 Vehicle airbag components 



Saudi Arabia SAU/429 7/31/2012 9/30/2012 Agricultural tractors 

Saudi Arabia SAU/430 7/31/2012 9/30/2012 Personal eye-protectors 

Saudi Arabia SAU/431 7/31/2012 9/30/2012 Personal eye-protectors 

Saudi Arabia SAU/432 7/31/2012 9/30/2012 Gas cylinders 

Saudi Arabia SAU/433 7/31/2012 9/30/2012 Machinery 

Saudi Arabia SAU/434 7/31/2012 9/30/2012 Machinery 

Saudi Arabia SAU/435 7/31/2012 9/30/2012 Lift elevators 

Saudi Arabia SAU/436 7/31/2012 9/30/2012 Vehicle braking systems 

Saudi Arabia SAU/437 7/31/2012 9/30/2012 Escalators and moving walks 

Saudi Arabia SAU/438 7/31/2012 9/30/2012 Escalators and moving walks 

Saudi Arabia SAU/439 7/31/2012 9/30/2012 Gas cylinders 

Saudi Arabia SAU/440 7/31/2012 9/30/2012 Ancillary equipment 

Saudi Arabia SAU/441 7/31/2012 9/30/2012 Bicycles for children




Comments 



Saudi Arabia SAU/442 8/1/2012 10/1/2012 Firefighting personal protective equipment 

Saudi Arabia SAU/443 8/1/2012 10/1/2012 Hand-held infant carriers 

Saudi Arabia SAU/444 8/2/2012 10/2/2012 Soft infant carriers 

Saudi Arabia SAU/445 8/2/2012 10/2/2012 Frame child carriers 

Saudi Arabia SAU/446 8/2/2012 10/2/2012 Child sling carriers 

Saudi Arabia SAU/447 8/2/2012 10/2/2012 Personal flotation devices 






Switzerland CHE/158 7/27/2012 9/28/2012 Instruments used to measure ionising radiation 

Switzerland CHE/159 8/1/2012 10/15/2012 Prepackages 

Switzerland CHE/160 8/6/2012 9/15/2012 Explosives 

Taiwan Economy TPKM/124/Corr.1 8/14/2012 Not given Electric pots (HS 8516.71) 

Taiwan Economy TPKM/125 8/29/2012 8/22/2012 Pre-packaged foods 

Taiwan Economy TPKM/126 8/29/2012 8/22/2012 Bulk foods 

Taiwan Economy TPKM/127 8/29/2012 8/22/2012 

Foods meals containing beef and edible cattle 

offals for food service locations. 

Thailand THA/405 8/15/2012 Not given HCFCs (HS 2903, 3824) 

Trinidad and Tobago TTO/107 8/6/2012 9/18/2012 Electric cables, PVC insulated 

Turkey TUR/12 8/24/2012 10/24/2012 Laundry appliances (HS 8451) 

Turkey TUR/13 8/29/2012 10/29/2012 Ventilators, Air-conditioners (HS 8415) 

Uganda UGA/275 8/6/2012 10/6/2012 Seed potato 

Uganda UGA/276 8/6/2012 10/6/2012 Liquid fuels 

Uganda UGA/277 8/6/2012 10/6/2012 Iron and steel products in general 

Uganda UGA/278 8/20/2012 10/20/2012 Surface active agents 




Uganda UGA/282 8/23/2012 10/24/2012 Pre-packaged and prepared foods 

Uganda UGA/283 8/23/2012 10/24/2012 Fish and fishery products 

Uganda UGA/284 8/24/2012 10/24/2012 Fish and fishery products




Comments 


Uganda UGA/285 8/24/2012 10/24/2012 Fish and fishery products 

Ukraine UKR/82 8/1/2012 10/1/2012 Foodstuffs 


Ukraine UKR/2/Add.1 8/8/2012 Not given Active medical products which are implanted 

Ukraine UKR/3/Add.1 8/8/2012 Not given Medical products for laboratory diagnostics 

Ukraine UKR/77/Add.1 8/8/2012 Not given Source of genetically modified organisms 

Ukraine UKR/79/Add.1 8/6/2012 Not given Foodstuffs; animals 

Ukraine UKR/58/Add.3 8/14/2012 Not given Goods covered by technical regulations 

Ukraine UKR/80/Add.1 8/14/2012 Not given Food products 

Ukraine UKR/83 8/14/2012 9/2/2012 Feed for animals intended for food production 

Ukraine UKR/84 8/29/2012 10/29/2012 Foods 

United Arab Emirates ARE/115 8/17/2012 10/17/2012 Drinking water 

United Arab Emirates ARE/116 8/24/2012 10/24/2012 Road vehicle tyres 

United States USA/726 8/8/2012 10/1/2012 

Children's toys and articles containing 

phthalates (HS 9503) 

United States USA/457/Add.2 8/20/2012 Not given Motorcycle helmets (HS 8711, 6506.10) 

United States USA/489/Add.2 8/9/2012 Not given Infant bath seats (HS 9401.80) 

United States 

USA/527/Add.2/Co 

rr.1 

8/9/2012 Not given Organic foods 

United States USA/564/Add.2 8/9/2012 Not given Baby cribs 

United States USA/584/Add.3 8/1/2012 Not given Electric motors (HS 8501.10-53) 

United States USA/62/Add.2 8/21/2012 Not given Event Data Recorders (HS 8703) 

United States USA/604/Add.4 8/24/2012 Not given 

United States USA/604/Add.5 8/24/2012 Not given 

Residential dishwashers, dehumidifiers, conventional 

cooking products (HS 8422.11, 8516.60) 

Residential dishwashers, dehumidifiers, conventional 

cooking products (HS 8422.11, 8516.60) 

United States USA/62/Add.3 8/21/2012 Not given Event Data Recorders (HS 8703) 

United States USA/651/Add.1 8/1/2012 Not given Chemical substances 

United States USA/657/Add.1 8/21/2012 Not given Crops and livestock (HS 0207) 



United States 

USA/717/Add.1/ 

Corr.1 

8/2/2012 Not given Personal protective equipment 

United States USA/717/Corr.1 8/2/2012 Not given Personal protective equipment 

United States USA/722 7/31/2012 8/16/2012 Polymers 

United States USA/723 7/31/2012 8/15/2012 Almonds (67.020, 67.080) 

United States USA/724 7/31/2012 9/17/2012 Food additive 

United States USA/725 7/31/2012 Not given Hearing aids (HS 9021.40) 

United States USA/727 8/8/2012 9/11/2012 Chemicals (HS Chapter 38) 

United States USA/728 8/15/2012 8/27/2012 Video games 

United States USA/729 8/15/2012 7/27/2012 Food




Comments 


United States USA/730 8/15/2012 7/30/2012 Frozen dairy foods and ices 

United States USA/731 8/15/2012 8/15/2012 Honey 

United States USA/732 8/15/2012 7/20/2012 Organic food products 

United States USA/733 8/15/2012 Not given Dual packaging 

United States USA/735 8/23/2012 10/15/2012 Hazardous materials 

United States USA/736 8/24/2012 10/15/2012 Perfluoroalkyl sulfonates 

United States USA/737 8/24/2012 9/14/2012 Chemical substances 

United States USA/738 8/24/2012 Not given 


Children's safe products (ICS 71.100, 97.190, 

97.200) 

United States USA/739 8/24/2012 9/28/2012 Products containing Bisphenol A 

United States USA/740 8/24/2012 8/30/2012 

Bedding and upholstered furniture (HS 9404, 

Chapter 94) 

United States USA/741 8/27/2012 9/10/2012 Bottled water (HS 2201-2202) 

United States USA/742 8/27/2012 9/10/2012 Shellfish 

United States USA/743 8/27/2012 Not given School buses (HS 8702) 

United States USA/744 8/27/2012 9/5/2012 Motor vehicles 

United States USA/727/Add.1 8/29/2012 Not given Chemicals (HS Chapter 38) 

Viet Nam VNM/19 8/1/2012 9/30/2012 Alcohol (HS 2204, 2205, 2206, 2207, 2208) 

Viet Nam VNM/20 8/29/2012 Not given Gasoline 

CBSA Advance Rulings 

No recent advance rulings have been posted by the Canada Border Services 

Agency (CBSA). Only certain rulings are posted by CBSA, and confidential information 

has been redacted. Click on “Reference” to see posted ruling. 

CBP Rulings: Downloads and Searches 

Because US Customs and Border Protection issues several thousand rulings a 

year, it is not practical to list each ruling. However, rulings are made available for 

downloading in self extracting files approximately every two weeks at: 

http://www.cbp.gov/xp/cgov/trade/legal/rulings/downloadable_rulings/. In addition, 

almost all rulings issued by US Customs or US Customs and Border Protection 

from 1993 to the present and many issued before 1993 are available for 

search and downloading using the CROSS search engine at 

http://rulings.cbp.gov. 

CBP Rulings: Revocations or Modifications 

The following table summarizes proposals made or actions taken that were published 

in the weekly Customs Bulletin and Decisions during the past month by US 

Customs and Border Protection pursuant to 19 U.S.C. §1625(c) to revoke or modify 

binding rulings or treatment previously accorded to substantially identical merchandise.

Published in 

CBP Bulletin 

(P) Proposed 

(A) Action 

(A) 08/01/12 

(P) 08/01/12 

(P) 08/15/12 

(A) 08/15/12 

(A) 08/22/12 

(P) 08/22/12 

(A) 08/29/12 

(P) 08/29/12 

Product(s) or Issue(s) 

Tariff classification of a 

terracotta grill 

Tariff classification 

of plastic toilet seats with 

bidet apparatuses and 

heating elements 

Tariff classification of 

tumbled iPod ® docking 

stations with speakers 


Ultralube D-806 

Tariff classification of an 

article of insulating 

mineral materials 

Eligibility of goods for duty-free 

treatment under 

subheading 9801.00.25 


Ruling(s) to be 

Modified (M) or 

Revoked (R) 

Old Classification 

or Position 

New Ruling 

New Classification or 

Position 


Comments 

Due (C) or 

Effective Date 

(E) 

NY N025431(R) 6914.90.80 HQ H141335 6912.00.50 [GRI 1] (E) 10/01/12 

NY B83505 (M) None 

NY L88357 (R) 

NY M80063 (R) 

8522.90.75 None 

HQ H165016 Withdrawn 

because of 

pending CIT case Toto 

USA, Inc. v. US (E) 08/01/12 

Proposed revocation is 

withdrawn 

NY N063739 (R) 3901.10.5010 HQ H080820 3901.20.10 [GRI 1] 

NY N125656 (R) 6806.10.10 HQ H146056 6806.90.00 [GRI 1, 6] 

NY N163660 (R) 

NY N069900 (R) 

Tariff classification of work NY N039199 (R) 

footwear 

NY N039198 (M) 


saddle blankets 

Tariff classification and 

country of origin marking 

of a rubber and plastic 

hose assembly for vacuum 

cleaners 

Eligibility of recovered 

refrigerant gas for preferential 

tariff treatment under 

the NAFTA 

Tariff classification of a 

hole saw kit 

Tariff classification of polyurethane 

coated gloves 

items returned 

for repair, exchange 

or upgrade 

qualify 

6403.99.6075 

6403.99.9065 

HQ H173817 

HQ H209471 

HQ H050119 

upgrades not eligible; 

repair or exchange eligible 

only if nonconforming 

6403.99.6025 

6403.99.9015 [GRI 1, 

GRI 6, and Stat.Note 

1(a) of Chap. 64] 

HQ 082167 6301 HQ H161715 4201.00.60 [GRI 3(a)] 

HQ 735542 (R) 

8509.90(now 

8508) Parts 

“Canada” 

NY K85099 (M) 8509.90.1530 

(now 8508) 

NY N161355 (M) 

Gas was not 

eligible 

HQ H024323 

4009.12.00 (US originno 

marking required; 

Canada for duty) 

HQ H024320 3917.33.00 [GRI 3(b)] 

HQ H172315 

NY N090938 (R) 8207.50.20 HQ H097658 

NY N013115 (R) 

NY N042821 (M) 

Gas is eligible [GN 

12(t)] 

8202.99.00 [GRI 1, 3(b) 

and 5] 

3926.20.1050 HQ H220278 6116.10.55 [GRI 1] 

Tariff classification of an 

automobile heater control- NY N075384 (R) 8708.29.50 HQ H083278 8537.10.90 [GRI 1] 

ler assembly 

Tariff classification of the 

Livewire Flash Device 


Over Current Detectors 

Tariff classification of chili 

powder blends 

Tariff classification of certain 

bearings and housings 

HQ H097095 (R) 9031.80.80 HQ H126020 

8517.62.00 [GRI 1, Legal 

Note 3 to Section 

XVI, and Legal Note 

3 to Chapter 90] 

NY H80199 (R) 8542.30.0090 HQ H122802 8543.70.40 (GRI 1) 

NY N024368 (R) 2103.90.8000 HQ H053755 

NY N070076 (M) 7116.20.4000 HQ H088396 

0904.22.76 (sample 2) 

0910.91.00 (sample 4) 

8482.10.5068 (pivot 

bearing); 8483.20.8040 

(with housing) [GRI 1, 

LN 3(k) to Chap. 71, 

Legal Note 2(a) to Sec. 

XVI, and LN 2(a) to 

(C) 08/31/12 

(C) 09/14 /12 

(E) 10/15/12 

(E) 10/22/12 

(C) 09/21/12 

(E)10/29/12 

(C) 09/28/12

Published in 

CBP Bulletin 

(P) Proposed 

(A) Action 

Product(s) or Issue(s) 


Ruling(s) to be 

Modified (M) or 

Revoked (R) 

Old Classification 

or Position 

New Ruling 

New Classification or 

Position 

Chap. 90] 


NY C82943 (R) 4813.90.0000 HQ H073917 2403.91.2000 [GRI 1] 

certain tobacco wrappers. 

Update. Dates are given in mm/dd/yy format 

Commission 

Implementing 

Regulation 

(EU) № 714/2012 

30 July 2012 

European Classification Regulations 


Comments 

Due (C) or 

Effective Date 

(E) 

The table below shows the Classification Regulations that were published in the 

Official Journal during the period covered by this International Trade Compliance 

Update. 

Description of the goods 

1. A product consisting of a flexible 

keypad membrane made of silicone 

with 19 incorporated keycaps and with 

dimensions of approximately 65 × 40 × 

1 mm. 

The product has printed keycaps representing 

an alpha/numeric keyboard, 

call buttons and other buttons typical of 

mobile phones. 

Underneath each keycap there is an 

electrical contact element made of silicone 

impregnated with carbon. 

The product has a specific shape and 

design and is intended for incorporation 

in a particular model of a mobile phone. 

2. A product (so-called ‘keyboard flex 

assembly’), the main body of which has 

dimensions of approximately 56 × 42 × 

1 mm and which comprises two membranes 

constituting a switching device: 

— an upper membrane of polyimide 

containing 24 copper contact points 

on the bottom side, 

— a lower membrane of polyimide 

containing a printed circuit with 24 

copper contact points on the upper 

side. 

Over the upper membrane there is a 

protective transparent plastic sheet 

printed with an image representing a 

Classification 

(CN Code) 

Reasons 

8517 70 90 Classification is determined by General Rules 1 

and 6 for the interpretation of the Combined Nomenclature, 

Note 2(b) to Section XVI and by the 

wording of CN codes 8517, 8517 70 and 8517 70 

90. 

Classification under heading 8536 as a switch is 

excluded as the product comprises only a part 

(one side of the contact points) of a switching 

device (see also CN Explanatory Notes to heading 

8536, point (8)). 

The product is an essential part for the operation 

of a mobile phone and cannot be used independently 

for other purposes. Also, it is specially 

adapted for use in a particular model of a mobile 

phone. In particular, its shape and method of 

operation preclude any other use (see also 

judgment of the Court of Justice of the European 

Union in Case C-183/06). Consequently, classification 

under heading 8538 as a part suitable for 

use solely or principally with a switching device is 

also excluded. 

The product is therefore to be classified under 

CN code 8517 70 90 as a part of a mobile phone. 



Note 2(b) to Section XVI and by the 


90. 

In addition to the two membranes with corresponding 

contact points for switching electrical 

circuits, the product incorporates printed circuit 

assemblies for controlling the lighting system of 

the keyboard. Classification as a switching device 

for electrical circuits under heading 8536 is 

therefore excluded. 

The product is an essential part for the operation 

of a mobile phone and cannot be used independently 

for other purposes. Also, it is specially 

adapted for use in a particular model of a mobile

Commission 

Implementing 

Regulation 

(EU) No 715/2012 


amending Regulation 

(EU) No 

42/2010 




mobile phone keyboard, and under the 

lower membrane a protective paper 

sheet. 

The following components are connected 

to the main body of the product: 

— two flat electrical conductors with 

connectors, 

— two printed circuit assemblies containing 

active and passive components, 

a light sensor and a ‘Hall effect’ 

switch for controlling the lighting 

system of the keyboard. 

The product has a specific shape and 

design and is intended for incorporation 

in a particular model of a mobile phone. 

Product consisting of (% by weight): 

— barley grass, powdered 28,8 

— honey 27,5 

— wheatgrass, powdered 21,5 

— alfalfa, powdered 21,5 

— stearic acid 0,4 

— pepper 0,25 

— chromium picolinate 0,01 (corresponds 

to 8,7 μg Cr per tablet) 

The product is presented for retail sale, 

in tablet form and used as a food supplement 

(one tablet twice a day). 

1. Lactose-reduced colostrum powder 

in gelatine capsules, 120 capsules 

packaged for retail sale in a plastic 

screw-top container, with the following 

composition (% by weight): 

— Milk fat 4,9 

— Milk protein 56,0 

— Lactose 0,2 

The daily dose recommended on the 

label is two capsules twice a day. 

According to the label the product is for 

human consumption. 



(CN Code) 

Reasons 


phone. In particular, its shape and method of 

operation preclude any other use (see also 

judgment of the Court of Justice of the European 

Union in Case C-183/06). 


CN code 8517 70 90 as a part of a mobile phone. 


and 6 for the interpretation of the Combined Nomenclature 

and the wording of CN codes 2106, 

2106 90 and 2106 90 98. 

Since the product does not meet the requirements 

of Note 2(b)(2) to Chapter 19 because of 

its composition, classification under Chapter 19 

is excluded. 

The product does not meet the requirements of 

Additional Note 1 to Chapter 30 as no statements 

on the use for specific diseases or the concentration 

of active substances are given. It should 

therefore not be considered as herbal medicinal 

preparation within the meaning of heading 3004. 

The product is therefore considered to be covered 

by the terms of heading 2106 as a food 

preparation not elsewhere specified or included 

and is used as dietary supplement indicated to 

maintain general health or well-being (see also 

HSEN to heading 2106, second paragraph, 

number (16)).’ 

1901 90 99 Classification is determined by the General Rules 

1, 3(a) and 6 for the interpretation of the Combined 

Nomenclature and the wording of CN 

codes 1901, 1901 90 and 1901 90 99. 

The form of presentation of the powder in gelatine 

capsules determines the use and character 

of the product as a food preparation. Classification 

under heading 0404 is therefore excluded 

(see also the Harmonized System Explanatory 

Notes (HSEN) to Chapter 4, General, point (I), 

third paragraph, point (a)). 

The product cannot be classified as a food preparation 

of heading 2106 because it is more specifically 

described by the wording of heading 

1901 as a food preparation of goods of headings 

0401 to 0404 (see also the HSEN to heading 

2106, point (1), second paragraph). As the product 

is not intended for therapeutic or prophylactic 

use within the meaning of Chapter 30, classifica-

Commission 

Implementing 

Regulation 


6 August 2012 


2. Colostrum powder in capsules of 

hydroxypropyl cellulose packaged for 

retail sale in colourfully printed folding 

cardboard boxes containing three to six 

blister packs of twenty capsules with 

the following composition (% by 

weight): 

— Milk fat 6,9 

— Milk protein 35,7 

Furthermore the product contains lactose. 

The daily dose recommended on the 

packaging is 1-2 capsules three times 

a day. 

According to the label the product is for 


An electronic apparatus (so-called ‘remote 

elevator monitoring unit’) in a 

housing with dimensions of approximately 

28 × 22 × 9 cm for incorporation 

into a lift shaft. 

The apparatus, which receives information 

from various external sensors, 

is used for monitoring the functioning of 

the lift operations and detecting any 

malfunctions, for example, in starting 

and stopping, door opening and closing, 

levelling, in the traction motor, 

brake, cabin lighting. The information 

received is checked and processed by 

the apparatus and transmitted via a 

modem to a maintenance centre. 

After presentation and incorporation of 

a modem, the apparatus can provide 

two-way voice communication between 

the lift cabin and the maintenance centre 

through a microphone and a loudspeaker 

installed in the cabin. 



(CN Code) 

Reasons 

tion under heading 3001 is excluded. 


Given its characteristics the product is therefore 

to be classified under heading 1901 as a food 

preparation of goods of headings 0401 to 0404 

(see also the HSEN to Chapter 19, General, first 

paragraph). 

1901 90 99 Classification is determined by the General Rules 

1, 3(a) and 6 for the interpretation of the Combined 

Nomenclature and the wording of CN 

codes 1901, 1901 90 and 1901 90 99. 

The form of presentation of the powder in capsules 

of hydroxypropyl cellulose determines the 

use and character of the product as a food preparation. 

Classification under heading 0404 is 

therefore excluded (see also the Harmonized 

System Explanatory Notes (HSEN) to Chapter 4, 

General, point (I), third paragraph, point (a)). 

The product cannot be classified as a food preparation 

of heading 2106 because it is more specifically 

described by the wording of heading 

1901 as a food preparation of goods of headings 

0401 to 0404 (see also the HSEN to heading 

2106, point (1), second paragraph). As the product 

is not intended for therapeutic or prophylactic 

use within the meaning of Chapter 30, classification 

under heading 3001 is excluded. 

Given its characteristics the product is therefore 

to be classified under heading 1901 as a food 

preparation of goods of headings 0401 to 0404 

(see also the HSEN to Chapter 19, General, first 

paragraph). 



Note 2(b) to Chapter 90 and by the 


85. 

As the apparatus does not incorporate a modem 

or other communication device, classification as 

an apparatus for communication in a wired network 

under heading 8517 is excluded. 

As the apparatus does not provide any sound or 

visual signals, classification as an electric sound 

or visual signalling apparatus under heading 

8531 is excluded. 

The apparatus monitors and checks the functioning 

of the lift and processes the data received. 

The sensors, where the signals to be processed 

are generated, are not incorporated in the apparatus. 

The apparatus does not itself display those 

signals. For these reasons, the apparatus is considered 

a part of a checking instrument. Consequently, 

classification as an incomplete machine 

of heading 9031 is excluded. 

The apparatus is therefore to be classified under 

CN code 9031 90 85 as a part of checking instruments, 

appliances and machines, not speci-

Commission 

Implementing 

Regulation 


of 6 August 2012 






Cultures of micro-organisms presented 

in gelatine capsules, put up for retail 

sale. The content of each capsule consists 

of the following components (% by 

weight): 

— L. rhamnosus 3,36 

— L. acidophilus 3,36 

— L. plantarum 0,84 

— B. lactis 0,84 

— Maltodextrine 50,6 

— Micro-crystalline cellulose 10 

— Corn starch 30 

— Magnesium stearate 1 

According to the label the product is 

presented as a food supplement for 


A product (so-called ‘Chitosan’) prepared 

from crustacean shells, consisting 

of amino polysaccharides. 

The product is presented in gelatine 

capsules, put up for retail sale. 




A product (so-called ‘Propolis’) presented 

in gelatine capsules, put up for 

retail sale. The content of each capsule 

consists of the following components 

(% by weight): 

— vegetable resins and vegetable 

waxes 55 

— waxes 30 

— essential oils 8 to 10 

— pollen 5 

Those components are materials collected 

by bees and are transformed 

with the enzymes of their saliva. 






(CN Code) 

Reasons 


fied or included elsewhere in Chapter 90. 



Note 1(a) to Chapter 30 and the 


98. 

The product is a food preparation presented in 

the form of capsules. The casing is a factor that, 

together with the content, determines the use 

and character of the product as a food supplement 

(see judgment of the Court of Justice of the 

European Union in joined cases C-410/08 to C- 

412/08 ‘Swiss Caps’, [2009] ECR p. I-11991, 

paragraphs 29 and 32). 


heading 2106 as a food preparation not elsewhere 

specified or included (see also Harmonised 

System Explanatory Notes to heading 

2106, point (16). 




2106 90 and 2106 90 92. 







412/08 ‘Swiss Caps’, [2009] ECR p.I-11991, paragraphs 

29 and 32). 

Consequently, classification of the product as a 

natural polymer under heading 3913 is excluded. 


heading 2106 as a food preparation not elsewhere 

specified or included (see also Harmonised 


2106, point (16). 




2106 90 and 2106 90 92. 







412/08, ‘Swiss Caps’, [2009] ECR I-11991, paragraphs 

29 and 32). 

Consequently, classification of the product as an 

edible product of animal origin under CN code 

0410 00 00 is excluded. 


heading 2106 as a food preparation not else-

Commission 

Implementing 

Regulation 




(CN Code) 

Reasons 


where specified or included (see also Harmonised 


2106, point (16). 


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 International Trade Compliance Update. 

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 

337–TA–698 

(EnforcementProceeding) 

337–TA–772 

337–TA–745 

Certain DC-DC controllers and products containing 

same 

Certain polyimide films, products containing 

same, and related methods 

Certain wireless communication devices, 

portable music and data processing devices, 

computers and components thereof 

337–TA–746 Certain automated media library devices 

337–TA–817 

337–TA–818 

337–TA–834 

337–TA–838 

337–TA–844 

Certain communication equipment, components 

thereof, and products containing the 

same, including power over ethernet telephones, 

switches, wireless access points, 

routers and other devices used in lans, and 

cameras 

Certain devices with secure communication 

capabilities, components thereof, and products 

containing the same 

Certain mobile electronic devices incorporating 

haptics 

Certain food waste disposers and components 

and packaging thereof 

Certain drill bits and products containing 

same 

Notice of Commission decision to review in part an enforcement 

initial determination finding a violation of the August 13, 2010 consent 

order; request for written submissions regarding certain issues 

under review and remedy, bonding, and the public interest 

Notice of Commission determination to partially review and partially 

vacate the final initial determination of the administrative law judge 

Notice of Commission decision finding no violation of section 337 

as to three patents and remanding the investigation to the alj as to 

one patent 

Determination to review in part a final initial determination; schedule 

for filing written submissions 

Commission determination not to review initial determinations terminating 

respondent Avaya Inc. based on settlement and terminating 

the investigation based on withdrawal of the complaint; termination 

of the investigation 

Decision not to review an Initial determination terminating the investigation 

due to lack of standing and Order No. 14 denying complainant’s 

renewed motion to amend the complaint and notice of 

investigation; termination of the investigation 

Amendment of the complaint and notice of investigation 

Notice of Commission determination not to review an initial determination 

granting complainant’s motions to amend the notice of 

investigation and complaint 

Determination to review an initial determination; on review, affirmance 

of grant of summary determination on the merits; termination 

of the investigation 

337–TA–853 Certain wireless consumer electronics devic- Institution of an investigation based on a complaint filed on behalf

Inv. № Commodity Action 



es and components thereof of Technology Properties Limited LLC, Phoenix Digital Solutions 

LLC, and Patriot Scientific Corporation alleging patent infringement 

In addition to the above actions, the ITC has published notices indicating that it 

has received complaints filed on behalf of the following companies alleging violations 

of §337 with regard to the listed commodities and soliciting comments on 

any public interest issues raised by the complaints: 

Ref. № Commodity Complaint filed on behalf of: 

DN 2907 

DN 2908 

DN 2910 

Certain two-way global satellite communication devices, system 

and components thereof 

Certain sintered rare earth magnets, methods of making same and 

products containing same 

Wireless communication devices, portable music and data processing 

devices, computers, and components thereof 

BriarTek IP, Inc. 

Hitachi Metals, Ltd. and Hitachi Metals North 

Carolina, Ltd. 

Motorola Mobility LLC; Motorola Mobility Ireland; 

and Motorola Mobility International Limited 

Antidumping, Countervailing Duty and Safeguards 

Investigations, Orders & Reviews 

In order to assist our clients in planning, we are listing antidumping, countervailing 

duty and safeguards notices published or posted during the past month from the 

US, Canada, Mexico, the EU, Australia, India, Brazil, and occasionally other 

countries. (Click on blue text for link to official document.) 

Key: AD, ADD=antidumping, antidumping duty, CVD=countervailing duty or subsidy, 

LTFV=less than fair value 

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

Case № Merchandise/Country Action 

A–570–865 

Certain hot-rolled carbon steel flat products 

from China 

C–475–819 Certain pasta From Italy 

Preliminary results of 2010– 2011 ADD administrative review and 

intent to rescind in part 

Preliminary results of the 15th (2010) CVD administrative review 

and rescission, in part 

A–570–601 Tapered roller bearings and parts thereof, finished 

and unfinished, from China 

Initiation of ADD new shipper review 

Tapered roller bearings and parts thereof, fin- 

A–570–601 

ished and unfinished, from China 

Initiation of ADD new shipper review 

A–570–864 Pure magnesium in granular form from China Preliminary results of ADD administrative review 

A–421–811 

Purified carboxymethylcellulose from the 

Netherlands 

A–552–812 Steel wire garment hangers from Vietnam 

A–570–981 Utility scale wind towers from China 

Preliminary results of ADD administrative review and preliminary 

intent to rescind 

Preliminary determination of sales at LTFV and postponement of 

final determination 



A–583–849 Steel wire garment hangers from Taiwan Preliminary determination of sales at LTFV 

A–552–814 Utility scale wind towers from Vietnam 



A–475–818 Certain pasta from Italy Notice of preliminary results of ADD administrative review, prelimi-





nary no shipment determination and preliminary intent to revoke 

order, in part 

A–428–820 

Certain small diameter seamless carbon and 

alloy standard, line, and pressure pipe from 

Germany 

Final results of the expedited third sunset review of the ADD order 

C–489–806 Certain pasta from Turkey Preliminary results of CVD administrative review 

A–201–842 Large residential washers from Mexico 



A–580–868 Large residential washers from S. Korea 



A–570–909 Steel nails from China 

Notice of court decision not in harmony with final scope ruling and 

notice of amended final scope ruling pursuant to court decision 

A–489–805 Certain pasta from Turkey 

Notice of preliminary results of the 2010-2011 ADD administrative 

review 

A–570–863 Honey from China Preliminary results of review 

Polyethylene terephthalate film, sheet, and 

A–533–824 

strip from India 

Preliminary results of ADD administrative review 

Polyethylene terephthalate film, sheet, and 

A–583–837 

strip from Taiwan 

Preliminary results of ADD administrative review 

Ferrovanadium and nitrided vanadium from 

A–821–807 

the Russian Federation 

Negative final determination of circumvention of the ADD order 

Circular welded carbon steel pipes and tubes 

C–489–502 

from Turkey 

Final results of CVD administrative review 

C–580–869 Large residential washers from S. Korea Amendment to the scope of the CVD investigation 

C–570–984 Drawn stainless steel sinks from China Preliminary affirmative CVD determination 

A–404–803 Purified carboxymethylcellulose from Finland Notice of preliminary results of ADD administrative review 

A–570–964 

A–570–900 

A–570–952 

Seamless refined copper pipe and tube from 

China 

Diamond sawblades and parts thereof from 

China 

Narrow woven ribbons with woven selvedge 

from China 

Preliminary results of the first ADD administrative review, and intent 

to rescind in part 

Rescission of ADD administrative review in part 

Preliminary results and partial rescission of ADD administrative 

review 

C–570–938 Citric acid and certain citrate salts from China Intent to rescind CVD administrative review, in part 

A–570–849 

Certain cut-to-length carbon steel plate from 

China 

Preliminary results of AD administrative review and preliminary 

determination of no shipments 

A–570–929 Small diameter graphite electrodes from China Affirmative final determination of circumvention of the ADD order 

A–351–825 

A–533–810 

A–588–833 

A–469–805 

Stainless steel bar from Brazil, India, Japan, 

and Spain 

Continuation of ADD orders 

A–475–818 Certain pasta from Italy Notice of initiation of ADD changed circumstances review 

Notice of court decision not in harmony with final results of admin- 

A–475–818 Certain pasta from Italy 

istrative review and notice of amended final results of administrative 

review pursuant to court decision 

A–570–814 

Certain carbon steel butt-weld pipe fittings 

from China 

Notice of court decision not in harmony with amended final scope 

ruling and notice of amended final scope ruling in accordance with 

court decision 

A–570–878 Saccharin from China Final results of ADD administrative review and rescission in part 

A–475–601 Brass sheet and strip from Italy Rescission of ADD administrative review 

Certain small diameter carbon and alloy seam- 

A–485–805 

less standard, line and pressure pipe from 

Preliminary results of ADD administrative review





Romania 

A–570–863 Honey from China Affirmative final determination of circumvention of the ADD order 

A–201–820 Fresh tomatoes from Mexico Notice of initiation of changed circumstances review 

A–201–820 Fresh tomatoes from Mexico 

Correction: notice of initiation of changed circumstances review 

and consideration of termination of suspended investigation 

A–552–812 Steel wire garment hangers from Vietnam 

Preliminary affirmative determination of critical circumstances in 

the ADD investigation 

A–570–890 Wooden bedroom furniture from China Final Results and Final Rescission in Part 

A–570–890 Wooden bedroom furniture from China 

Partial rescission of ADD administrative review and intent to rescind, 

in part 

Tapered roller bearings and parts thereof, fin- 

A–570–601 

ished and unfinished, from China 

Continuation of the ADD order 

A–570–912 

C–570–913 

A–570–910 

C–570–911 

A–570–916 

C–570–917 

A–570–914 

C–570–915 

A–533–843 

A–570–901 

C–533–844 

A–560–818 

C–560–819 

Certain new pneumatic off-the-road tires; circular 

welded carbon quality steel pipe; laminated 

woven sacks; and light-walled rectangular 

pipe and tube from China 

Certain lined paper products from India and 

China 

Implementation of determinations under section 129 of the Uruguay 

Round Agreements Act (as a result of WT/DS379/AB/R, 

March 11, 2011) 

Continuation of AD and CVD orders 

Certain lined paper products from Indonesia Revocation of AD and CVD orders 

A–570–827 Certain cased pencils from China 

Final results of ADD changed circumstances review, and determination 

to revoke order, in part 

A–580–867 Large power transformers from S. Korea ADD order 

United States International Trade Commission (USITC) 


731–TA–678, 679, 

681, and 682 

731–TA–1105–1106 

Stainless steel bar from Brazil, India, 

Japan, and Spain; 

Lemon juice from Argentina and 

Mexico 

731–TA–921 Folding gift boxes from China 

701–TA–487 

731–TA–1197-1198 

Steel wire garment hangers from 

Taiwan and Vietnam 

(Third Review) Determination that revocation of the ADD orders 

would be likely to lead to continuation or recurrence of material 

injury to an industry in the United States within a reasonably foreseeable 

time 

(Review) Institution of five-year reviews concerning the suspended 

investigations 

(Second Review) Postponement of release of staff report and date 

for final comments 

(Final) Scheduling of the final phase of CVD and AD investigations 

731–TA–1104 Polyester staple fiber from China (Review) Scheduling of an expedited five-year review 

701–TA–487 

731–TA–1197-1198 

701–TA–486 

731–TA–1195-1196 

Steel wire garment hangers from 

Taiwan and Vietnam 

Utility scale wind towers from China 

and Vietnam 

731–TA–344 Tapered roller bearings from China 

(Final) (Corrected Notice) Scheduling of the final phase of CVD 

and AD investigations 


(Third Review) Determination that revocation of the ADD order 

would be likely to lead to continuation or recurrence of material 

injury to an industry in the United States within a reasonably fore-

United States International Trade Commission (USITC) 


701–TA–488 

731–TA–1199-1200 

701–TA–442-443 

731–TA–1095-1097 

731–TA–702 

Large residential washers from Korea 

and Mexico 

Certain lined paper school supplies 

from China, India, and Indonesia 

Ferrovanadium and nitride vanadium 

from Russia 

731–TA–1189 Large power transformers from Korea 

Canadian International Trade Tribunal (CITT) 


seeable time 



(Review) Determinations that revocation of the CVD order (India) 

and the ADD orders (China and India) would be likely to lead to 

continuation or recurrence of material injury to an industry in the 

United States within a reasonably foreseeable time; that revocation 

of the CVD order and ADD order (Indonesia) would not be 

likely to lead to continuation or recurrence of material injury to an 

industry in the United States within a reasonably foreseeable time 

(Third Review) Determination that revocation of the ADD order 

would not be likely to lead to continuation or recurrence of material 

injury 

(Final) Determination that an industry in the US is materially injured 

Ref. Number Merchandise/Country Action 

AD: Carbon steel welded pipe from Chinese 

Taipei, India, Oman, S. Korea, Thailand, 

NQ-2012-003 Turkey and the United Arab Emirates; Subsidizing 

of the same from India, Oman and 

UAE 

NQ-2012-002 Dumping and subsidizing of certain carbon 

and alloy steel pipe piles, commonly identified 

as piling pipe, …, originating in or exported 

from China 

Canada Border Services Agency (CBSA) 

Notice of commencement of inquiry based on CBSA preliminary 

determinations 

Revised notice of commencement of inquiry 


AD/1393 4214-34 

CV/130 4218-33 

AD/1395 4214-35 

RR-2011-002 

AD/1396 4214-36 

CV/132 4218-34 

Certain steel piling pipe from China 

Certain liquid dielectric transformers originating in or 

exported from S. Korea 

Certain bicycles originating in or exported from Chinese 

Taipei and China 

AD: Certain carbon steel welded pipe originating in or 

exported from Chinese Taipei, India, Oman, S. Korea, 

Thailand, Turkey and the UAE; Subsidy: Same from 

India, Oman and UAE 

RR-2012-001 Certain hot-rolled steel plate from China Expiry review decision 

NAFTA Panels 

Preliminary determinations and imposition of provisional 

duties 

Statement of reasons concerning the preliminary 

determination with respect to the dumping 

Statement of reasons concerning determinations in 

expiry review 

Preliminary determinations; provisional duties; 

statement of reasons issued 


USA-MEX-2012-1904-01 Light-walled rectangular pipe and Notice of termination of panel review

tube from Mexico 

Mexico - Ministry of Economy 

Ref. № Merchandise/Country Action 



11/11 Seamless steel pipe originating in China 

Resolution declaring the completion of the investigation on avoiding 

(circumventing) the payment of the ADD 

09/11 Cut bond paper originating in Brazil Preliminary resolution in the AD investigation 

13/10 

Chicken leg quarters originating in the 

Final resolution of the AD investigation 

01/11 

18/93 

22/10 

USA 

Coaxial cable RG (Radio Guide and Radio 

Guide), with or without messenger, 

originating in China 

Yarn and fabrics of man-made fibers originating 

in China 

Sodium dicloxacillin originating in the 

Republic of India 

Rec Rev. 18/93 

RR 2011-2 Yarns and fabrics of man-made fibers, 

originating in China 

Rec.Rev. 18/93 

RR 2011-1 


RR 2012-2 Wearing apparel and other clothing tex- 


RR 2011-1 

06/12 

European Union 

tiles originating in China 

Loose china ceramic tableware, including 

porcelain, originating in China, regardless 

of country of origin 

Final resolution of the AD investigation 

Resolution which resolves the administrative appeal filed by 

Marbol Furniture Industry Ltd. against final decisions of the AD 

investigation revoking ADD and end of the first and second review 

of enforcement of the ADD imposed, published on October 

18, 1994, December 15, 2000 and March 3, 2006 

Resolution ending the anti-subsidy investigation with duties 

Resolution that resolves the administrative appeal of the revocation 

against final decisions of the antidumping investigation and 

end of the first and second sunset review (filed by the company 

Albany International de Mexico, SA de CV) 

Same - Filed by Ferrioni, SA de CV 

Resolution that resolves the administrative appeal of the revocation 

against final decisions of the antidumping investigation and 

end of the first and second sunset review (filed by the company 

Tiendas Chedraui, SA de CV) 

Same – filed by Rinplay, S. de R.L. de C.V 

Resolution accepting the request of an interested party and announcement 

of the initiation of an AD investigation 


2012/C 239/02 

Certain stainless steel bars and rods 

originating in India 

Notice of initiation of a partial interim review of the countervailing 

measures 

2012/C 240/06 Stainless steel wires originating in India Notice of initiation of an anti-subsidy proceeding 

2012/C 240/07 Stainless steel wires originating in India Notice of initiation of an AD proceeding 

2012/C 260/04 

Biodiesel originating in Argentina and 

Indonesia 

Notice of initiation of an AD proceeding 

Australian Customs and Border Protection Service 

ACDN № Merchandise/Country Action 

2012/37 Formulated glyphosate exported from China Termination of investigation 

2012/38 Quicklime from Thailand Resumption of investigation 

2012/39 

2,4-Dichlorophenoxy-acetic acid (2,4-D) from 

China 

Initiation of a continuation inquiry and review of measures

Australian Customs and Border Protection Service 

ACDN № Merchandise/Country Action 

2012/41 

Polyvinyl Chloride Homopolymer Resin (PVC) 

from Korea 

China Ministry of Commerce (MOFCOM) 


Revision of securities 

Ref. № Merchandise/Country Action 

Bisphenol A from Japan, S. Korea, Singapore 

43, 2012 

and Taiwan 

Five year review and continuation of ADD 

Dichloromethane originating in UK, US, Nether- 


lands, Germany and S. Korea 

Termination of AD measures 

50, 2012 Sulfamethoxazole (SMZ) imported from India Adjustment of ADD rates 

High-performance stainless steel seamless pipe 


originating in the EU and Japan 

Six month extension of AD investigation 

Government of India Ministry of Finance (Department of Revenue) 

Reference Merchandise/Country Action 

38/2012-Cus (ADD) 

Hexamine, originating in, or exported from, Saudi 

Arabia and Russia 


Notification 89/2007 shall remain in force up to and inclusive 

of the 24th day of July, 2013 

39/2012-Cus (ADD) Nonylphenol from Chinese Taipei Extension of ADD 094/2007 up to one more year 

40/2012-Cus (ADD) 

Metronidazole originating in, or exported from, 

China 

Continuation of ADD for five years 

Brazil Ministry of Development, Industry and Trade 

Reference Merchandise/Country Action 

SECEX Cir. № 37 Table fans from China Initiation of ADD review 

CAMEX Res. № 56 Pens from China Clarifies the scope of ADD 

SECEX Cir. № 38 

Manual hoists with load capacity up 

to three tons from China. 

Initiation of ADD review 

SECEX Cir. № 39 

New rubber tires of a kind used on 

motor cars from China 

Initiation of ADD review 

Opportunity to Request Administrative Review 

In an August 1, 2012 Federal Register notice, the US Department of Commerce 

announced that it will receive requests to conduct administrative reviews of various 

antidumping (AD) and countervailing duty (CVD) orders and findings with August 

anniversary dates: 

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

Antidumping Duty Proceedings 

Germany: Corrosion-Resistant Carbon Steel Flat Products A–428–815 8/1/11–7/31/12 

Seamless Line and Pressure Pipe A–428–820 8/1/11–7/31/12

www.bakermckenzie.com 

For further information please contact: 

Editor of International Trade 

Compliance Update 



(202) 452-7088 


Steering Committee Contacts 

for the International Trade, 

Compliance and Customs Practice 

Group 

Edmundo Elias 

Guadalajara, Mexico 

+52 (33) 3819-0322 

edmundo.elias@bakermckenzie.com 

Customs 

Terrie A. Gleason 

Washington, D.C., USA 

+1 (202) 452- 7030 

teresa.gleason@bakermckenzie.com 

Export Controls and Sanctions 

Silwia A. Lis 


+1 (202) 835-6147 

silwia.lis@bakermckenzie.com 

Trade Remedies 

Craig Logie 

Toronto, Ont. Canada 

+1 416 865 6960 

craig.logie@bakermckenzie.com 

WTO 

Serge Pannatier 

Geneva, Switzerland 

+41 (0) 22-707-98-00 

serge.pannatier@bakermckenzie.com 

Anti-corruption 

Maria I. McMahon 


+1 (202) 452-7058 

maria.mcmahon@bakermckenzie.com 




Sodium Nitrite A–428–841 8/1/11–7/31/12 

Italy: Granular Polytetrafluoroethylene Resin A–475–703 8/1/11–7/31/12 

Japan: Brass Sheet & Strip A–588–704 . 8/1/11–7/31/12 

Tin Mill Products A–588–854 8/1/11–7/31/12 

Malaysia: Polyethylene Retail Carrier Bags A–557–813 8/1/11–7/31/12 

Mexico: Light-Walled Rectangular Pipe and Tube A–201–836 8/1/11–7/31/12 

S. Korea: Corrosion-Resistant Carbon Steel Flat Products A–580–816 8/1/11–7/31/12 

Light-Walled Rectangular Pipe and Tube A–580–859 8/1/11–7/31/12 

Romania: Carbon and Alloy Seamless Standard, Line, 

and Pressure Pipe (Under 41⁄2 Inches) A–485–805 8/1/11–7/31/12 

Thailand: Polyethylene Retail Carrier Bags A–549–821 . 8/1/11–7/31/12 

The P.R. of China: Floor-Standing, Metal-Top Ironing 

Tables and Parts Thereof A–570–888 8/1/11–7/31/12 

Laminated Woven Sacks A–570–916 8/1/11–7/31/12 

Light-Walled Rectangular Pipe and Tube A–570–914 8/1/11–7/31/12 

Petroleum Wax Candles A–570–504 8/1/11–7/31/12 

Polyethylene Retail Carrier Bags A–570–886 8/1/11–7/31/12 

Sodium Nitrite A–570–925 8/1/11–7/31/12 

Sulfanilic Acid A–570–815 8/1/11–7/31/12 

Steel Nails A–570–909 8/1/11–7/31/12 

Tetrahydrofurfuryl Alcohol A–570–887 8/1/11–7/31/12 

Tow-Behind Lawn Groomers and Parts Thereof A–570–939 8/1/11–7/31/12 

Woven Electric Blankets A–570–951 8/1/11–7/31/12 

Ukraine: Silicomanganese A–823–805 8/1/11–7/31/12 

Vietnam: Frozen Fish Fillets A–552–801 8/1/11–7/31/12 

Countervailing Duty Proceedings 

S. Korea: Corrosion-Resistant Carbon Steel Flat Products C–580–818 1/1/11–12/31/11. 

Stainless Steel Sheet and Strip in Coils C–580–835 1/1/11–12/31/11 

The P.R. of China: Laminated Woven Sacks C–570–917 1/1/11–12/31/11 

Light-Walled Rectangular Pipe and Tube C–570–915 1/1/11–12/31/11 

Sodium Nitrite C–570–926 1/1/11–12/31/11 

Tow-Behind Lawn Groomers and Parts Thereof C–570–940 1/1/11–12/31/11 

No suspension agreements 

Requested Reviews 

In an August 30, 2012 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 July anniversary 

dates. See actual notices for companies requesting review: 



Finland: Purified Carboxymethylcellulose A-405-803 7/1/11 - 6/30/12 

India: Polyethylene Terephthalate (PET) Film A-533-824 7/1/11 - 6/30/12 

Italy: Certain Pasta A-475-818 7/1/11 - 6/30/12 

Russian Federation: Solid Urea A-821-801 7/1/11 - 6/30/12 

Taiwan: Polyethylene Terephthalate (PET) Film A-583-837 7/1/11 - 6/30/12 

The Netherlands: Purified Carboxymethylcellulose A-421-811 7/1/11 - 6/30/12 

P.R. of China: Circular Welded Carbon Quality Steel Pipe A-570-910 7/1/11 - 6/30/12 


India: Polyethylene Terephthalate (PET) Film C-533-825 1/1/11 - 12/31/11 

Italy: Certain Pasta C-475-819 1/1/11 - 12/31/11 

P.R. of China: Circular Welded Carbon Quality Steel Pipe C-570-911 1/1/11 - 12/31/11 

Turkey: Certain Pasta C-489-806 1/1/11 - 12/31/11 

No suspension agreements


Initiation of Sunset Reviews 


In an August 1, 2012, Federal Register notice, the US Department of Commerce 

advised that it was automatically initiating a five-year (“Sunset”) review of the antidumping 

and countervailing duty orders listed below. 

AD/CVD 

DOC Case 

No. 

ITC Case No. Country Merchandise 

A–357–818 731–TA–1105 Argentina Lemon Juice (1 st Review) 

A–201–835 731–TA–1106 Mexico Lemon Juice (1 st Review) 

No countervailing duty or suspension cases 

Advance Notification of Sunset Reviews 

In an August 1, 2012, Federal Register notice, the US Department of Commerce 

advised that the following cases were scheduled for five-year (“Sunset”) reviews 

for September 2012. 

AD/CVD Proceedings - Merchandise/Country Case No. 


Certain Pasta from Italy A–475–818 (3 rd Review). 

Certain Pasta from Turkey A–489–805 (3 rd Review) 


Certain Pasta from Italy C–475–819 (3 rd Review) 

Certain Pasta from Turkey C–489–806 (3 rd Review) 

No suspensed investgations 

©2012 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service 

organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. 

This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.

September 2012 International Trade Compliance Update Newsletter

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