Here is a recap of the latest customs and international trade law news:
- On May 17, 2022, U.S. Customs and Border Protection (CBP) officers at Port of Norfolk seized designer dresses and shawls estimated to be worth more than $2 million dollars, due to trademark violations.
- On May 16, 2022, the U.S. Customs and Border Protection (CBP) submitted an information collection on HTSUS that contains actual use provisions request to the Office of Management and Budget (OMB) for review and is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and must be submitted no later than July 15, 2022, to be assured of consideration.
- On May 19, 2022, a final rule was given that amends U.S. Customs and Border Protection (CBP) regulations by removing one airport from the list of user fee airports. User fee airports are airports that have been approved by the Commissioner of CBP to receive, for a fee, the customs services of CBP officers for processing aircraft, passengers, and cargo entering the United States, but do not qualify for designation as international or landing rights airports. Specifically, this technical amendment reflects the removal of the designation of user fee airport status for the Hillsboro Airport in Hillsboro, Oregon.
- On May 17, 2022, United States Trade Representative (USTR) Katherine Tai released a statement in response to the Canadian government’s publication of new dairy tariff-rate quota (TRQ) policies stating that the United States is deeply disappointed by Canada’s announcement regarding its dairy tariff-rate quotas and that our top priority remains ensuring that U.S. workers, producers, farmers, and exporters benefit from the market access they were promised under the United States – Mexico – Canada Agreement.
- On May 16, 2022, the U.S. Department of Commerce (Commerce) issued the countervailing duty order on organic soybean meal from India based on the affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC)
- On May 13, 2022, the Department of Commerce (Commerce) gave notice that of the received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with March anniversary dates. In accordance with Commerce’s regulations, they are initiating those administrative reviews.
- On May 13, 2022, the Department of Commerce (Commerce) determined that certain carbon and alloy steel cut-to-length plate from Germany was not sold in the United States at less than normal value during the period of review (POR), May 1, 2020, through April 30, 2021.
- On May 13, 2022, the U.S. Department of Commerce (Commerce) initiated a changed circumstance review (CCR) to examine whether the Russian Federation (Russia) remains a market economy (ME) country for purposes of the antidumping duty (AD) law.
- On May 19, 2022, the U.S. Department of Commerce (Commerce) issued antidumping duty (AD) and countervailing duty (CVD) orders on certain walk-behind snow throwers and parts thereof (snow throwers) from the People’s Republic of China (China).
- On May 19, 2022, the U.S. Department of Commerce (Commerce) issued a notice of the correction to the initiation notice of the 2020-2021 Antidumping Duty Administrative Review of circular welded carbon steel standard pipe and tube products from Turkey.
- On May 19, 2022, the U.S. Department of Commerce issued a notice that they are postponing the deadline for the preliminary determinations in the less-than-fair-value investigations of certain lemon juice from Brazil and the Republic of South Africa by 50 days ( i.e., 190 days after the date on which these investigations were initiated). As a result, Commerce will issue its preliminary determinations no later than July 28, 2022.
- On May 19, 2022, the Department of Commerce (Commerce) is requesting input from the public that will inform the development of the framework through a Request for Comment (RFC) on Executive Order of March 9, 2022, “Ensuring Responsible Development of Digital Assets.”
- On May 13, 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”), finding no violation of section 337 of the Tariff Act of 1930. The Commission requests written submissions from the parties on the issues under review and submissions from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
- On May 18, 2022, notice was given that the U.S. International Trade Commission has received a complaint entitled Certain Laptops, Desktops, Mobile Phones, Tablets, and Components Thereof, DN 3621; 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 18, 2022, notice was given that the U.S. International Trade Commission, having previously found a violation of section 337, has determined to issue a limited exclusion order (“LEO”) directed against infringing cloud-connected wood-pellet grills and components thereof imported by or on behalf of respondent GMG Products LLC (“GMG”) of Lakeside, Oregon and a cease and desist order (“CDO”) directed against GMG. The investigation is terminated.
- On May 18, 2022, the United States International Trade Commission determined that revocation of the countervailing duty order on heavy iron construction castings from Brazil, the antidumping duty order on heavy iron construction castings from Canada, and the antidumping duty orders on iron construction castings from Brazil and China would be likely to lead to continuation or recurrence of material injury to pertinent industries in the United States within a reasonably foreseeable time.
- On May 3rd, 2022, the Department of State determined and certified that wild-caught shrimp harvested in the following nations, particular fisheries of certain nations, and Hong Kong are eligible to enter the United States:
- Argentina, Australia (Northern Prawn Fishery, the Queensland East Coast Trawl Fishery, the Spencer Gulf, and the Torres Strait Prawn Fishery), the Bahamas, Belgium, Belize, Canada, Chile, Colombia, Costa Rica, Denmark, the Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, France (French Guiana), Gabon, Germany, Guatemala, Guyana, Honduras, Iceland, Ireland, Italy (giant red shrimp) Jamaica, Japan (shrimp baskets in Hokkaido), Republic of Korea (mosquito nets), Malaysia (Kelantan, Terengganu, Pahang, and Johor), Mexico, the Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, Peru, Russia, Spain (Mediterranean red shrimp), Sri Lanka, Suriname, Sweden, the United Kingdom, and Uruguay.
- For nations, economies, and fisheries not listed above, only shrimp harvested from aquaculture is eligible to enter the United States. All shrimp imports into the United States must be accompanied by the DS-2031 Shrimp Exporter’s/Importer’s Declaration.
- On May 13, 2022, notice was given that the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of five individuals that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
- On May 13, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) published the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. Additionally, OFAC is publishing updates to the identifying information of two persons currently included on the SDN List.
- On May 12, 2022, The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is issuing Syria General License 22, publishing several new Frequently Asked Questions, and amending FAQ 884.
- On May 18, 2022, the Bureau of Industry and Security gave notice of the granting of the request of the Office of Export Enforcement (“OEE”) to renew the temporary denial order issued in this matter on November 17, 2021.
World Trade Week
- On May 13, 2022, President Biden proclaimed May 15 through May 21, 2022, as World Trade Week. In this proclamation, President Biden emphasized the importance of American workers and a trade agenda that puts them first. President Biden stated that during World Trade Week we highlight the importance of global trade, and the role is plays in raising the quality of life of American families while strengthening our economy and our workforce.
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