Here is a recap of the latest customs and international trade law news:
AD/CVD & Trade Policy
- On February 4, 2022, the House of Representatives passed the America Competes Act of 2022 containing provisions such as 102401 which limits protests against U.S. Customs decisions on claims of evasion of AD and CVD orders, a counterpart to the U.S. Senate bill passed in the late fall. The two bills will need to go to conference now to be reconciled. Both bills include provisions for the renewal of GSP and adopt MTB.
- On February 2, 2022, the Department of State (DOS) proposes to amend the International Traffic in Arms Regulations (ITAR) to clarify the definitions of export and reexport. DOS proposes to replace the term “national” with “person” in the Canadian exemptions; revise the exemption for intra-company, intra-organization, and intra-governmental transfers to dual nationals or third country nationals; and correct administrative errors in the voluntary disclosures section.
- On February 1, 2022. Deputy U.S. Trade Representative Sarah Bianchi announced China had failed to meet its commitments to increase purchases of U.S. farm and manufactured goods, energy and services by $200 billion under a two-year Phase 1 trade deal that expired at the end of 2021.
- On February 2, 2022, the U.S. – Brazil Protocol Relating to Trade Rules and Transparency enters into force after completion of internal procedures. The Protocol modernizes the 2011 Agreement on Trade and Economic Cooperation (ATEC) by adding new commitments on Trade Facilitation, Good Regulatory Practices, and Anti-Corruption based on the relevant chapter of the United States-Canada-Mexico Agreement.
- On February 4, 2022, the United States and European Union (EU) concluded negotiations to allow for resumption of bilateral trade in bivalve molluscan shellfish. For the first time since 2011, U.S. producers, beginning in the states of Massachusetts and Washington, are eligible to export live, raw and processed bivalve molluscan shellfish to the EU, including oysters, clams, mussels, and whole or roe-on scallops.
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