Here is a recap of the latest customs and international trade law news:

FDA

  • On May 9, 2022, the FDA issued a Constituent Update stating that Glanbia Performance Nutrition (Manufacturing), Inc. (Glanbia), along with 10 other companies, was illegally selling adulterated dietary supplements. However, the FDA has since determined that Glanbia was incorrectly identified and does not sell the products Uplift Max and Shred Her Max, which were cited in the FDA Warning Letter sent to the company on May 4, 2022. As a result, the Warning Letter the FDA issued to Glanbia has been retracted and the FDA is continuing its investigation to determine the responsible firm and reissue the warning letter.
  • On April 29, 2022, the U.S. Food and Drug Administration (FDA) recalled certain Similac, Alimentum and EleCare products often found in powdered infant formula. The U.S. Food and Drug Administration (FDA) is investigating consumer complaints of bacterial infections in four infants who consumed powdered infant formula produced in Abbott Nutrition’s facility in Sturgis, Michigan. All four infants had to be hospitalized and the bacterial infection may have contributed to death in two patients.
  • On May 4, 2022, the Food and Drug Administration (FDA) proposed a tobacco product standard that would prohibit characterizing flavors (other than tobacco) in all cigars and their components and parts. This proposed product standard would reduce the appeal of cigars, particularly to youth and young adults, and thereby decrease the likelihood of experimentation, development of nicotine dependence, and progression to regular use. FDA is taking this action to reduce the tobacco-related death and disease associated with cigar use. The proposed standard also is expected to reduce tobacco-related health disparities and advance health equity.
  • On May 4, 2022, the Food and Drug Administration (FDA) proposed a tobacco product standard that would prohibit menthol as a characterizing flavor in cigarettes. This proposed product standard would reduce the appeal of cigarettes, particularly to youth and young adults, and thereby decrease the likelihood that nonusers who would otherwise experiment with menthol cigarettes would progress to regular smoking. In addition, the proposed tobacco product standard would improve the health and reduce the mortality risk of current menthol cigarette smokers by decreasing cigarette consumption and increasing the likelihood of cessation. FDA is taking this action to reduce the tobacco-related death and disease associated with menthol cigarette use. The proposed standard also is expected to reduce tobacco-related health disparities and advance health equity.
  • On May 5, 2022, the FDA announced that the Voluntary Qualified Importer Program (VQIP) application portal for fiscal year (FY) 2023 benefits will close on May 31, 2022. The portal opened on January 1, 2022.

FMC

  • On May 10, 2022, the Federal Maritime Commission (Commission) published that they are seeking public comment on proposed modifications to its rules governing Carrier Automated Tariffs through this notice of proposed rulemaking (NPRM). The proposed rule would remove the option for ocean common carriers to charge a fee to access their tariff; allow non-vessel operating common carriers (NVOCCs) to cross reference certain aspects of other carriers’ terms in their tariffs; clarify the ability for NVOCCs to reflect increases in certain charges passed-through by other entities without notice; update the definition of co-loading to apply only to less than container loads; require that documentation be annotated with the names of all NVOCCs involved in a shipping transaction; and make other miscellaneous updates and clarifications to the regulation.

CBP

  • On May 10, 2022, the Customs and Border Protection (CBP) gave general notice of plans to conduct a pilot to promote paperless processing of export documentation for used self-propelled vehicles (USPVs). The CBP regulations require a person attempting to export a USPV to present original vehicle ownership documentation to CBP at the port of exportation. In an effort to expedite and modernize the document submission and review process, CBP will be operating a voluntary pilot in which participants will submit the required vehicle ownership documentation to CBP electronically via the Document Imaging System (DIS). This voluntary pilot will evaluate the feasibility of using the DIS for the purpose of obtaining and reviewing vehicle ownership documentation for USPVs. The notice includes a description of the pilot, the eligibility requirements for participation, and invites public comment on any aspect of the pilot.

OFAC

NMFS

  • On May 1, 2022, the U.S. National Marine Fisheries Service (NMFS) imposed import restrictions on designated fish products caught in certain Mexican fisheries operating in the Upper Gulf of California. These trade restrictions were imposed to protect the vaquita, a species of porpoise endemic to the northern part of the Gulf of California. Information on the embargo and entry requirements for the designated fish products originating in Mexico is posted on the NMFS website.

USTR

  • On May 3, 2022, the Office of the U.S. Trade Representative commenced the statutory process required leading up to the four-year anniversaries of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.
  • On May 5, 2022, the U.S. Trade Representative commenced the statutory four-year review of the two actions taken under Section 301 of the Trade Act of 1974, as amended, in the investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The first step in the four-year review process is notifying representatives of domestic industries which benefit from the trade actions, as modified, of the possible termination of the actions, and of the opportunity for these representatives to request continuation of the actions. Requests for continuation must be received in the 60-day window prior to the four-year anniversary of the respective action: Between May 7, 2022, and July 5, 2022, for the July 6, 2018 action, and between June 24, 2022, and August 22, 2022, for the August 23, 2018, action. The Office of the United States Trade Representative (USTR) is opening dockets in these two time windows for representatives of domestic industries which benefit from the trade actions to request continuation of the corresponding trade actions, as modified.
  • On May 11, 2022, the Office of the United States Trade Representative (USTR) announced the initiation of the annual review of the eligibility of the sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA).

USITC

  • On May 4, 2022, notice was given that a complaint was filed with the U.S. International Trade Commission on March 29, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Apeks, LLC of Johnstown, Ohio. The complaint was supplemented by letter on April 14, 2022. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain centrifuge utility platform and falling film evaporator systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,814,338 (“the ‘338 patent”), U.S. Patent No. 11,014,098 (“the ‘098 patent”) and U.S. Patent No. 10,899,728 (“the ‘728 patent”). The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
  • On May 4, 2022, notice was given that a complaint was filed with the U.S. International Trade Commission on March 30, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of Japan. Supplements to the complaint were filed on April 13, 2022, and April 14, 2022. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain mobile electronic devices by reason of infringement of certain claims of U.S. Patent No. 7,199,821 (“the ‘821 Patent”); U.S. Patent No. 7,324,487 (“the ‘487 Patent”); U.S. Patent No. 8,170,394 (“the ‘394 Patent”); U.S. Patent No. 8,982,086 (“the ‘086 Patent”); and U.S. Patent No. 10,129,590 (“the ‘590 Patent”); and U.S. Patent No. 10,244,284 (“the ‘284 Patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.
  • On May 5, 2022, notice was given that the U.S. International Trade Commission received a complaint entitled Certain Electronic Devices and Semiconductor Devices with Timing-Aware Dummy Fill and Components Thereof 3617; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure.
  • On May 5, 2022, notice was given that a complaint was filed with the U.S. International Trade Commission on March 30, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Medytox Inc. of the Republic of Korea. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain botulinum toxin products and processes for manufacturing or relating to same by reason of theft and conversion and misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
  • On May 5, 2022, the U.S. International Trade Commission gave notice that they determined to review in part an initial determination (“ID”) issued by the presiding chief administrative law judge (“ALJ”) granting summary determination of violations of section 337. The Commission requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding.
  • On May 5, 2022, the United States International Trade Commission (“Commission”) determined that revocation of the countervailing and antidumping duty orders on welded stainless steel pressure pipe from 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.
  • On May 6, 2022, notice was given that the U.S. International Trade Commission has received a complaint entitled Certain Barcode Scanners, Scan Engines, Mobile Computers With Barcode Scanning Functionalities, Products Containing the Same, and Components Thereof, DN 3619; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure.
  • On May 6, 2022, notice was given that the U.S. International Trade Commission has received a complaint entitled Certain Pneumatic Compression Devices and Components Thereof, DN 3618; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure.
  • On May 6, 2022, notice was given that the U.S. International Trade Commission has determined to review in part a final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”) on December 7, 2021, finding no violation of section 337 in the above-referenced investigation and, on review, to affirm the finding of no violation. The investigation is terminated.
  • On May 11, 2022, the United States International Trade Commission (“Commission”) determined that an industry in the United States is materially injured by reason of imports of organic soybean meal from India, provided for in subheadings 1208.10.00 and 2304.00.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”), and to be subsidized by the government of India.
  • On May 10, 2022, the U.S. International Trade Commission gave notice that on April 4, 2022, the presiding administrative law judge (“ALJ”) issued a Final Initial Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.
  • On May 10, 2022, the U.S. International Trade Commission (Commission) gave notice of investigation and scheduling of a public hearing for Investigation No. 332-591, Economic Impact of Section 232 and 301 Tariffs on U.S. Industries. In the explanatory statement, the House and Senate Committees on Appropriations (Committees) directed that the Commission conduct a retrospective investigation and provide a report on the impacts in the U.S. industries most affected by the Section 232 and 301 tariffs that were active as of March 15, 2022.

U.S. Department of State

  • On May 4, 2022, the Secretary of State imposed sanctions on one entity and identified one vessel as blocked property pursuant to the Countering America’s Adversaries Through Sanctions Act (CAATSA) and the Protecting Europe’s Energy Security Act (PEESA), as amended.

U.S. Department of Commerce

  • On May 4, 2022, the U.S. Department of Commerce (Commerce) determined that the producers/exporters subject to this administrative review made sales of circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) at less than normal value during the period of review (POR), November 1, 2019, through October 31, 2020.
  • On May 4, 2022, the Department of Commerce (Commerce) determined that large residential washers (washers) from Mexico were not sold in the United States at less than normal value (NV) during the period of review (POR) February 1, 2020, through January 31, 2021 as the final result for the antidumping duty administrative review.
  • On May 6, 2022, the Department of Commerce invited the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
  • On May 6, 2022, the Department of Commerce (Commerce) determined that the sole company subject to this administrative review is part of the China-wide entity because it did not file a separate rate application (SRA). The period of review (POR) is April 1, 2020, through March 31, 2021.
  • On May 6, 2022, the Department of Commerce (Commerce) preliminarily determined that carbon and alloy steel threaded rod (steel threaded rod) from India is not being sold in the United States at below normal value. The period of review (POR) is September 25, 2019, through March 31, 2021. Interested parties are invited to comment on these preliminary results.
  • On May 6, 2022, the Department of Commerce (Commerce) preliminarily determined that the companies subject to this countervailing duty (CVD) administrative review of carbon and alloy steel threaded rod (threaded rod) from the People’s Republic of China (China) received countervailable subsidies during the period of review (POR), July 29, 2019, through December 31, 2020. Interested parties are invited to comment on these preliminary results of review.
  • On May 6, 2022, the Department of Commerce (Commerce) preliminarily determined that Jilin Bright Future Chemicals Co., Ltd. (Jilin Bright), an exporter of certain activated carbon from the People’s Republic of China (China), sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) April 1, 2020, through March 31, 2021. Further, Commerce preliminarily determined that Datong Juqiang Activated Carbon Co., Ltd. (Datong Juqiang), an exporter of certain activated carbon from China, did not sell subject merchandise in the United States at prices below NV during the POR. Interested parties are invited to comment on these preliminary results.
  • On May 6, 2022, the Department of Commerce (Commerce) found that revocation of the antidumping duty (AD) order on large residential washers (LRWs) from the People’s Republic of China (China) would be likely to lead to a continuation or recurrence of dumping at the levels identified in the “Final Results of Sunset Review” section of the notice.
  • On May 6, 2022, the Department of Commerce (Commerce) found that revocation of the antidumping duty (AD) order on wooden bedroom furniture from the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Sunset Review” section of this notice.
  • As of May 6, 2022, the Department of Commerce (Commerce) continues to determine that the sole respondent under review, Hui Zhou Tian Mei Investment Co., Ltd. (aka Hui Zhou Tian Mei Furniture Co., Ltd.) (Tian Mei), is not eligible for a separate rate and is therefore a part of the China-wide entity. The period of review (POR) is January 1, 2020 through December 31, 2020.
  • On May 6, 2022, the Department of Commerce (Commerce) preliminarily found that Qufu Xinyu Furniture Co., Ltd. (Qufu Xinyu), did not make sales of subject merchandise at less than normal value (NV) during the period of review (POR) October 9, 2019, through March 31, 2021; Shanghai Beautystar Cabinetry Co., Ltd. (Beautystar), is part of the China-wide entity; and Jiang Su Rongxin Wood Industry Co., Ltd. (Rongxin Wood), is the successor-in-interest to Jiangsu Rongxin Cabinets Co., Ltd. (Rongxin Cabinets). Commerce is also rescinding the review with respect to 40 companies. Interested parties are invited to comment on these preliminary results of review.
  • On May 6, 2022, the Department of Commerce (Commerce) preliminarily determined that the companies subject to this countervailing duty (CVD) administrative review of wooden cabinets and vanities and components thereof (cabinets) from the People’s Republic of China (China) received countervailable subsidies during the period of review (POR), August 12, 2019, through December 31, 2020. Interested parties are invited to comment on these preliminary results of review.
  • On May 6, 2022, the International Trade Administration Department of Commerce published the quarterly update to the annual listing of foreign government subsidies on articles of cheese subject to an in-quota rate of duty covering the period October 1, 2021, through December 31, 2021. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available.
  • On May 9, 2022, Department of Commerce expanded the existing sanctions against Russian industry sectors by imposing a license requirement for exports, reexports, or transfers (in-country) to and within Russia for additional items subject to the Export Administration Regulations (EAR) identified under specific Schedule B numbers or Harmonized Tariff Schedule codes. The Bureau of Industry and Security (BIS) is taking these actions to further restrict Russia’s ability to withstand the economic impact of the multilateral sanctions, further limit sources of revenue that could support Russia’s military capabilities, and to better align with the European Union’s controls.
  • On May 11, 2022, The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC or the Committee) announced they will hold a hybrid meeting, accessible in-person and online, on Tuesday May 24, 2022, hosted by the U.S. Department of Commerce at the National Electrical Manufacturers Association office in Arlington, VA. The meeting is open to the public with registration instructions provided below. The meeting has a limited number of spaces for members of the public to attend in-person. Requests to attend in-person will be considered on a first-come first-served basis.
  • On May 11, 2022, the Enforcement and Compliance, International Trade Administration, Department of Commerce gave notice that they are terminating the less-than-fair-value (LTFV) investigation based on a withdrawal of the antidumping duty petition on emulsion styrene-butadiene rubber (ESBR) from Italy by Lion Elastomers LLC (the petitioner)
  • On May 11, 2022, the Department of Commerce (Commerce) preliminarily determined that oil country tubular goods (OCTG) from Argentina are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination.
  • On May 11, 2022, the Department of Commerce (Commerce) preliminarily determined that oil country tubular goods (OCTG) from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination.
  • On May 11, 2022, the Department of Commerce (Commerce) preliminarily determined that oil country tubular goods (OCTG) from the Russian Federation (Russia) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2020, through September 30, 2021. Interested parties are invited to comment on this preliminary determination.
  • On May 9, 2022, the Department of Commerce (Commerce) determined that producers/exporters of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR) January 1, 2019, through December 31, 2019.
  • On May 9, 2022, the Department of Commerce (Commerce) preliminarily determined that eleven companies subject to this review had no shipments of certain steel nails (nails) from the People’s Republic of China (China) during the period of review (POR) August 1, 2020, through July 31, 2021. Commerce also preliminarily determined that no company subject to this review established its eligibility for a separate rate and all entries of subject merchandise during the POR will be subject to the China-wide entity rate. They invite interested parties to comment on these preliminary results.
  • On May 9, 2022, because of the expedited sunset reviews, the Department of Commerce (Commerce) found that revocation of the antidumping duty (AD) orders on polyester staple fiber (PSF) from the Republic of Korea (Korea) and Taiwan would be likely to lead to continuation or recurrence of dumping at levels identified in the “Final Results of Sunset Reviews” section of this notice.
  • On May 9, 2022, the Department of Commerce (Commerce) found countervailable subsidies are being provided to producers and exporters of stainless steel flanges from India during the period of review, January 1, 2019, through December 31, 2019.
  • On May 9, 2022, the Department of Commerce (Commerce) determined that exporters/producers of stainless steel flanges from India made sales of subject merchandise at prices below normal value during the period of review (POR) October 1, 2019, through September 30, 2020.
  • On May 10, 2022, the Department of Commerce (Commerce) is rescinding Welded Line Pipe From the Republic of Turkey Antidumping Duty Administrative Review with respect to Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti. (Cimtas). The period of review (POR) is December 1, 2019, through November 30, 2020.
  • On May 10, 2022, the Secretary of Commerce, through the Office of Trade and Economic Analysis (OTEA) of the International Trade Administration, has received an application for an amended Export Trade Certificate of Review (Certificate). The Notice of application for an amended Export Trade Certificate of Review for California Pistachio Export Council, LLC, application no. 03-4A008 summarizes the proposed application and seeks public comments on whether the Certificate should be issued.

USCIT

  • On April 28, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Power Steel Co., Ltd. v. United States, Court no. 20-03771, sustaining the Department of Commerce (Commerce)’s first remand results pertaining to the administrative review of the antidumping duty (AD) order on steel concrete reinforced bar (rebar) from Taiwan covering the period March 7, 2017, through September 30, 2018. On May 8, 2022, Commerce notified the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Power Steel Co., Ltd. (Power Steel).

If you have questions about these updates, contact our Customs and International trade law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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