Tariffs. Customs. Trade Remedies

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Enforcement & Investigations

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On 13 April 2021, a new import ban will come into effect on 24 new categories of products originating from the Russian Federation. The Cabinet of Ministers of Ukraine adopted a resolution amending the list of products prohibited for import into Ukraine from the Russian Federation, which was previously approved by its Resolution No. 1147 dated 30 December 2015 “On Banning the Import of Products Originating in the Russian Federation into the Customs Territory of…

On 24 March 2021, the Minister of Innovation, Science and Industry (“Minister”) issued updated Guidelines on the National Security Review of Investments (“Updated Guidelines”). The Updated Guidelines outline additional factors and clarify existing factors the Canadian government will consider in assessing investments for potential national security concerns under the Investment Canada Act (ICA). These new factors include sensitive personal data, intangible assets, certain sensitive technologies, and critical minerals. The Updated Guidelines also formalize that investments by state-owned…

On 5 March 2021, the European Commission published guidelines on the practical implementation of Article 4 of Regulation (EU) 2019/1020 (“Market Surveillance Regulation”). From 16 July 2021, Article 4 will prevent distance sellers based outside of the EU from selling certain types of CE marked products (including toys, electrical goods and PPE) to customers in the EU where there is no EU-based economic operator responsible for compliance. This is of particular relevance to sellers using online marketplaces to sell…

On April 1, 2021, President Biden signed Executive Order 14022, revoking Executive Order 13928 “Blocking Property of Certain Persons Associated with the International Criminal Court” (the “ICC EO”), which authorized the imposition of sanctions and visa restrictions on non-US ICC officials. The US Treasury Department’s Office of Foreign Assets Control concurrently removed two senior ICC officials from the Specially Designated Nationals and Blocked Persons List (“SDN List”), including Fatou Bensouda, the ICC’s chief prosecutor. The…

On 1 April 2021, the UK government announced additional measures targeting the Myanmar regime’s economic interests. Further to the 25 March 2021 announcement targeting Myanmar Economic Holdings Ltd (MEHL), the UK has added Myanmar Economic Corporation (MEC) to its Global Human Rights sanctions regime. The UK cited credible evidence that MEC had contributed funds to the Myanmar military who have allegedly committed widespread human rights violations in Myanmar. The sanctions impose an asset freeze against MEC and its subsidiaries as…

On April 5, 2021, a majority of a three-judge panel of the US Court of International Trade (CIT) held that President Trump issued Proclamation 9980, Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States (85 Fed. Reg. 5,281), beyond the statutory time limits set forth in Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862) and was therefore invalid as contrary to law. The CIT found that…

Since it came into force more than three years ago, the Customs Department has endeavored to impose and amend departmental notifications and regulations in compliance with the Customs Act, B.E. 2560 (2017) (the “Customs Act”). However, due to the COVID-19 pandemic and the Revenue Department’s enforcement of the transfer pricing regulation in 2020, the Customs Department is now carrying out stricter post-clearance audits and is more likely to challenge importers on complex issues – meaning…

On March 31, 2021, the Swiss government amended the list of individuals in Annex 1 to the Ordinance on Measures against Myanmar/Burma. Eleven individuals responsible for the military coup staged in Myanmar on February 1, 2021, and the subsequent military and police repression against peaceful demonstrators, have been newly included. Ten of the eleven individuals targeted belong to the highest ranks of the Myanmar Armed Forces (Tatmadaw), including the Tatmadaw’s Commander-in-Chief, Min Aung Hlaing, and Deputy-Commander-in-Chief,…

On April 1, 2021, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 21-06] that amends the CBP regulations to reflect the imposition of import restrictions on certain archaeological material from the Republic of Costa Rica (Costa Rica). These restrictions are being imposed pursuant to an agreement between the United States and Costa Rica that has been entered into under the authority of the Convention on Cultural Property…

On April 1, 2021, the Department of Commerce published in the Federal Register a document [Docket No. 210326-0072] delaying compliance with the final rule (published on December 23, 2020 at 85 FR 83804 and amended January 27, 2021 at 86 FR 7237), entitled “Aluminum Import Monitoring and Analysis System,” by staying the regulations from March 29, 2021, until June 28, 2021. Commerce will release the public Aluminum Import Monitoring and Analysis (AIM) monitor on the…