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20-0611 Thursday “Daily Bugle”

20-0611 Thursday “Daily Bugle”

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Thursday, 11 June 2020

(No items of interest posted) 

  1. Items Scheduled for Future Federal Register Edition
  2. Commerce/BIS: (No new postings)
  3. DHS/CBP: “United States Mexico Canada Agreement Trade Support Calls 24 Jun – 8 Jul”
  4. State/DDTC: (No new postings)
  5. EU Publishes Notice to Exporters Concerning the Application of REX System for the Purpose of its FTA With Vietnam
  1. EU Sanctions: “South Korean National Charged with Violating US Export Controls”
  2. Reuters: “Russia, China Build Case at U.N. to Protect Iran From U.S. Sanctions Threat”
  1. ST&R Trade Report: “ITAR Requirement Suspensions and Modifications are Focus of Comment Request”
  2. Thompson Hine: “USTR Issues Additional China Section 301 Tariff Exclusions for List/Tranche 4 Products”
  1. ECTI Presents: UK/EU Export Controls and Sanctions 101 Webinar; 30 Jun
  1. Bartlett’s Unfamiliar Quotations 
  2. Are Your Copies of Regulations Up to Date? Find the Latest Amendments Here. 
  3. Weekly Highlights of the Daily Bugle Top Stories 
  4. Submit Your Job Opening and View All Job Openings 
  5. Submit Your Event and View All Approaching Events 

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EXIM ITEMS FROM TODAY’S FEDERAL REGISTER

 
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OGS OTHER GOVERNMENT SOURCES

(S
ource:
Federal Register
)

* Commerce/BIS; 
NOTICES

National Security Investigation of Imports of Laminations for Stacked Cores for Incorporation into Transformers, Stacked Cores for Incorporation into Transformers, Wound Cores for Incorporation into Transformers, Electrical Transformers, and Transformer Regulators
; [Pub. Date: 12 Jun 2020] (PDF)
 
* State Department: NOTICES; Updating the State Department’s List of Entities and Subentities Associated with Cuba (Cuba Restricted List) [Pub. Date: 12 Jun 2020] (PDF)

 
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OGS_a22. Commerce/BIS: (No new postings)

 
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(Source:
DHS/CBP, 10 Jun)
 
  On July 1, 2020, U.S. Customs and Border Protection (CBP) will deploy the United States Mexico Canada Agreement (USMCA) enhancement in the Automated Commercial Environment. This enhancement will implement new requirements for processing entries subject to the new USMCA trilateral trade agreement.
  CBP will host a series of technical support calls, scheduled for the June 24 – July 2 and July 6 – July 8, preceding and following this deployment. Please see the below table for additional information regarding the support calls:
Meeting Date
Meeting Time
WebEx Meeting Link 
WebEx Password  
June 24
3:30 PM ET
USMCA01
June 25
3:30 PM ET
USMCA01
June 26
3:30 PM ET
USMCA01
June 29
2:00 PM ET
USMCA02
June 30
2:00 PM ET
USMCA02
July 1
2:00 PM ET
USMCA02
July 2
2:00 PM ET
USMCA02
July 6
2:00 PM ET
USMCA03
July 7
2:00 PM ET
USMCA03
July 8
2:00 PM ET
USMCA03

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OGS_a3
4. State/DDTC: (No new postings)

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  This notice is addressed to exporters in the European Union exporting originating products to Vietnam and declaring the origin of their products for the purpose of benefitting from the preferential tariff treatment of the Free Trade Agreement with Vietnam (EVFTA).
  Protocol 1 of the EVFTA concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. Article 15 of that Protocol defines the general requirements in relation to the proofs of origin required to benefit from the preferential tariff treatment. In particular, Paragraph 1 of that Article provides that products originating in the European Union shall, on importation into Vietnam, benefit from the tariff preference of the EVFTA upon submission of any of the following proofs of origin:
  (a) a certificate of origin (movement certificate EUR.1) issued by the competent authorities of the exporting Party, made out in accordance with Articles 16 to 18 of Protocol 1 (Article 15(1)(a));

  (b) an origin declaration made out by an approved exporter within the meaning of Article 20 of Protocol 1 for any consignment regardless of its value, or by any exporter for consignments the total value of which does not exceed 6 000 euros (Article 15(1)(b));


  (c) a statement of origin made out by exporters registered in an electronic database, in accordance with the relevant legislation of the Union after the Union has notified to Vietnam that such legislation applies to its exporters. Such notification may stipulate that points (a) and (b) shall cease to apply to the Union (Article 15(1)(c)).


  The electronic database referred to above is the ‘REX system’, in accordance with the relevant EU legislation (Article 68(1) of Commission Implementing Regulation (EU) 2015/2447).
  The European Union notified Vietnam on 8 April 2020 that point (c) of Article 15(1) of Protocol 1 of the EVFTA will apply as from the date of entry into force of the EVFTA, and that point (a) and point (b) of the same paragraph will not apply. Therefore, products originating in the European Union shall, on importation into Vietnam, benefit from the tariff preference of the EVFTA upon submission of statements on origin made out by registered exporters or by any exporter for consignments the total value of which does not exceed EUR 6 000. Certificates of origin EUR.1 and origin declarations will not be issued or made out in the European Union to benefit from the preferential tariff treatment in Vietnam.
  As provided for in Article 19(6) of Protocol 1 of the EVFTA, the conditions for making out an origin declaration referred to in paragraphs 1 to 5 of that Article apply mutatis mutandis to statements of origin. In particular, the text of the statement of origin shall be the text of an origin declaration laid down in Annex VI of Protocol 1 of the EVFTA.
  European Union operators who are already registered for the purpose of benefitting from other preferential arrangements shall use the REX number which is already assigned to them.


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COM NEWS

(Source: EU Sanctions, 10 June) [Excerpts]


 
  The US District Court for the District of Columbia has unsealed a 48-count grand jury indictment from 2017 charging South Korean national Jeoho Jung and his company, Eight Corporation, with violating the U.S. International Emergency Economic Powers Act (IEEPA) and the Arms Export Control Act (AECA). Mr Jung is alleged to have unlawfully exported to China over $800,000 worth of US-origin radiation hardened integrated circuits (RHICs), which are most often used space exploration; radio frequency amplifiers, frequently used in military equipment; and power amplifiers.
  Jung is said to have made false declarations to the US State and Commerce Departments about the end destination of the items, stating they were destined for South Korean rather than Chinese companies. The indictment also says Jung fraudulently declared he was employed at various companies to conceal the ultimate destination of items. The conduct was exposed in a current investigation in South Korea; it is unknown whether Jung is a defendant in that case.

(Source:
Reuters, 11 Jun 2020) [Excerpts]
 
   Russia and China have started making the case at the United Nations against Washington’s claim that it can trigger a return of all sanctions on Iran at the Security Council, with Moscow invoking a 50-year-old international legal opinion to argue against the move. …
   Washington has threatened to trigger a return of U.N. sanctions on Iran if the Security Council does not extend an arms embargo due to expire in October under Tehran’s deal with world powers to prevent it from developing nuclear weapons.
   U.S. Ambassador to the U.N. Kelly Craft said last week that a draft resolution on the embargo would be circulated soon.
Council veto-powers Russia and China have already signaled they are against reimposing an arms embargo on Iran. If they block the U.S.-drafted resolution, then Washington will have to follow through on its sanctions snapback threat. …
   The 2015 Iran nuclear deal, enshrined in a U.N. resolution, allows for return of sanctions on Iran, including the arms embargo, if Iran violates the deal. U.S. President Donald Trump quit the deal in 2018, branding the accord from Barack Obama’s presidency as “the worst deal ever.” …
   The United States argues it can still trigger the sanctions snapback because the 2015 U.N. resolution still names it as a participant. Diplomats say Washington would likely face a tough, messy battle.

COM COMMENTARY

 
* Contact: 
messages@strtrade.com, 1-305-894-1035
 
  The State Department is accepting comments through June 25 on the following temporary suspensions, modifications, and exceptions to International Traffic in Arms Regulations provisions issued in response to the COVID-19 pandemic.
– temporary suspension of requirement to renew registration as a manufacturer, exporter, and/or broker and pay a fee on an annual basis by extending ITAR registrations expiring on Feb. 29, March 31, April 30, May 31, and June 30 for two months from the original date of expiration
– extension of any ITAR license that expired between March 13 and May 31 for six months from the original date of expiration so long as there is no change to the scope or value of the authorization and no name or address changes are required
– authorization for regular company employees to work at a remote work location so long as they are not located in Russia or a country listed in ITAR § 126.1 (this provision will terminate July 31 unless otherwise extended in writing)
– authorization for regular employees of licensed entities who are working remotely in a country not currently authorized by a TAA, MLA, or exemption to send, receive, or access any technical data authorized for export, reexport, or retransfer to their employer via a TAA, MLA, or exemption so long as the employee is not located in Russia or a country listed in ITAR § 126.1 (this provision will terminate July 31 unless otherwise extended in writing)
 
State is limiting its consideration of comments to the following areas.
– the efficacy of these actions on the operating environments of regulated community members during the COVID-19 emergency
– whether the original expiration dates are sufficient or should be considered for extension (and why)
– any additional temporary suspensions, modifications, or exceptions that should be considered in response to specific difficulties in operating conditions that have arisen for the regulated community as a direct result of the crisis (and why).

 
   The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice excluding certain List/Tranche 4 products (imports from China with an annual trade value of $300 billion) from Section 301 tariffs of 10 percent. The exemptions cover two 10-digit Harmonized Tariff Schedule (HTS) subheadings and 32 specially-prepared product descriptions, which cover 55 separately submitted exclusion requests.
The excluded HTS subheadings are both within Chapter 52 (Cotton) of the HTS:
  • 5210.11.4040 – Woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m²: Unbleached: Plain weave: Of number 42 or lower number: Sheeting.
  • 5210.11.6020 – Woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m²: Unbleached: Plain weave: Of numbers 43 to 68: Poplin or broadcloth.
   The exclusions with specially-prepared product descriptions include but are not limited to:  certain down of ducks or geese; cyanuric chloride; kneeling pads of plastics; certain printed books in Chinese language; certain types of knitted or textile fiber gloves; certain shells for pillows and comforters; certain round wire of nonalloy steel; certain three-way hand-operated valve part of brass, suitable for use as an input part on irrigation-grade valves; certain lithium-ion batteries; optical channel splitters; certain television liquid crystal display (“LCD”) main board assemblies; certain spectacle frames of plastics; certain LCD modules, not capable of receiving or processing a broadcast television signal; certain stainless steel or titanium wristwatch cases; certain watch dials of brass or copper; parts of child safety seats; certain fish hooks; certain mop heads of polyester and rayon; certain tufts of swine hair for incorporation into brushes; and electrical spark lighters.
   These exclusions will apply from September 1, 2019, through September 1, 2020.  Each exclusion is governed by the scope of the HTS heading and the product description appearing in the annex of the exclusion notice; it is not governed by the product description in any particular exclusion request. U.S. Customs and Border Protection will soon issue instructions on entry guidance and implementation. The USTR will continue to issue determinations on pending requests on a periodic basis.
   An exclusion can apply to any product that fits within a description provided in the annex of the Federal Register notice, regardless of which company submitted the original request.

TE EX/IM TRAINING EVENTS & CONFERENCES

 
* What: UK/EU Export Controls and Sanctions 101
* When: 30 Jun; 1:00 p.m. (EDT)
* Where: Webinar
* Sponsor: Export Compliance Training Institute (ECTI)
* ECTI Speaker: Richard Tauwhare
* Register: 
here 
or contact
Ashleigh Foor
, 1-540-433-3977

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EN EDITOR’S NOTES

EN_a111. Bartlett’s Unfamiliar Quotations

(Source: Editor)
  

* 
Ben Jonson (Benjamin Jonson; 11 Jun 1572 – 16 Aug 1637; was an English playwright and poet, whose artistry exerted a lasting impact upon English poetry and stage comedy. He is generally regarded as the second most important English dramatist, after William Shakespeare, during the reign of James I.)
  – “There is no greater hell than to be a prisoner of fear.”
  – “Talking is the disease of age.”

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The official versions of the following regulations are published annually in the U.S. Code of Federal Regulations (C.F.R.), but are updated as amended in the Federal Register.  The latest amendments are listed below.
 
Agency 
Regulations 
Latest Update 
DHS CUSTOMS REGULATIONS
: 19 CFR, Ch. 1, Pts. 0-199.
 
 
 
5 Apr 2019:84 FR 13499: Civil Monetary Penalty Adjustments for Inflation.

DOC EXPORT ADMINISTRATION REGULATIONS (EAR): 15 CFR Subtit. B, Ch. VII, Pts. 730-774.

5 June 2020: 85 FR 34495 and 85 FR 34503: Additions and Amendments of the Entity List.   
 
DOC FOREIGN TRADE REGULATIONS (FTR): 15 CFR Part 30.   Last Amendment: 24 Apr 2018: 83 FR 17749: Foreign Trade Regulations (FTR): Clarification on the Collection and Confidentiality of Kimberley Process Certificates. 
DOD NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL (NISPOM): DoD 5220.22-M. Implemented by Dep’t of Defense.

18 May 2016: Change 2: Implement an insider threat program; reporting requirements for Cleared Defense Contractors; alignment with Federal standards for classified information systems; incorporated and cancelled Supp. 1 to the NISPOM (Summary here.)  
DOE ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES: 10 CFR Part 810. 

23 Feb 2015: 80 FR 9359, comprehensive updating of regulations, updates the activities and technologies subject to specific authorization and DOE reporting requirements. 
DOE EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL; 10 CFR Part 110.

15 Nov 2017, 82 FR 52823: miscellaneous corrections include correcting references, an address and a misspelling.

 

DOJ ATF ARMS IMPORT REGULATIONS: 27 CFR Part 447-Importation of Arms, Ammunition, and Implements of War.

14 Mar 2019: 84 FR 9239: Bump-Stock-Type Devices.

DOS INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR): 22 C.F.R. Ch. I, Subch. M, Pts. 120-130. 
6 May 2020: 85 FR 26847, Notice (not an amendment) temporarily reducing the registration fee schedule in ITAR 122.3 until April 30, 2021. 

 

 
DOT FOREIGN ASSETS CONTROL REGULATIONS (OFAC FACR): 31 CFR, Parts 500-599, Embargoes, Sanctions, Executive Orders

5 Jun 2020:
85 FR 84510:

Syria Sanctions Regulations. 

 
 
 
 
USITC HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS, HTSA or HTSUSA), Revision 8.

1 Jan 2019: 19 USC 1202 Annex.
  – HTS codes for AES are available here.
  – HTS codes that are not valid for AES are available here.
 

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