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

Trade News

  • On June 6, 2022, the White House issued an official Declaration of Emergency and authorized temporary extensions on time and duty-free importation of solar cells and modules from Southeast Asia. This statement comes after the White House assessed threats to the United States’ ability to provide sufficient electricity generation to serve expected customer demand.
  • On June 6, 2022, the White House released a memorandum for the Secretary of Energy regarding the Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950. As amended, it refers to Solar Photovoltaic modules and their respective components.
  • On June 3, 2022, the US emerged as India’s largest trading partner in fiscal year 2021-22, outpacing China’s long-time leading position , according to the latest provisional figures released by New Delhi. India-US bilateral trade by value increased 49% to $119.42 billion with a growth rate of about 50% in both directions.
  • On June 1, 2022, the U.N. Secretary General Antonio Guterres confirmed receipt of Turkish Foreign Minister Mevlut Cavusoglu’s letter to the United Nations formally requesting that his country be referred to as “Türkiye.” By confirming the receipt of the letter, the name change became effective.

CBP

  • On June 8, 2022, the Department of Homeland Security, U.S. Customs and Border Protection submitted an information collection request to the Office of Management and Budget for review and approval in accordance with the Paperwork Reduction Act of 1995.
  • On June 6, 2022, a parcel containing 584 counterfeit watches that bore Rolex and Cartier trademarked logos was seized by CBP officers in Louisville, Kentucky. CBP confirmed that if the watches had been real, the MSRP value of the parcel would have been valued at $22.59 million.

DOC

  • On June 3, 2022, the U.S. Department of Commerce (Commerce) found that revoking the antidumping duty order on certain artist canvases from China would likely lead to the continuation or recurrence of dumping and that the magnitude of the margins of dumping likely to prevail is up to 264.09 percent.
  • On June 3, 2022, Commerce determined that certain producers and exporters of certain carbon and alloy steel cut-to-length plates (CTL plate) from Korea received de minimis net countervailable subsidies from the January 1, 2020, to December 31, 2020, period of review.
  • On June 3, 2022, determinations made by Commerce and the International Trade Commission show that the revocation of the antidumping duty and countervailing duty orders on iron construction castings from Brazil, Canada, and China would likely lead to the continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States.
  • On May 19, 2022, Commerce’s third remand results pertaining to the administrative review of the antidumping duty order on certain passenger vehicles and light truck tires from China were sustained by the U.S. Court of International Trade based on its final judgment in Qingdao Sentury Tire Co., Ltd., et al. v. United States, Consol. Court No. 18-00079.
  • On June 3, 2022, Commerce amended the final results of the administrative review of the antidumping duty order on certain steel racks and parts from China to correct ministerial errors. The period of review was March 4, 2019, through August 31, 2020.
  • On June 3, 2022, Commerce determined that countervailable subsidies are being provided to producers and exporters of large diameter welded pipe from Korea. The period of review was January 1, 2020, through December 31, 2020.
  • On June 3, 2022, Commerce determined that Hyundai RB Co., Ltd. made sales of large diameter welded pipe from Korea at prices below normal value, while Hyundai Steel Company did not make sales of the subject merchandise at prices below normal value during the period of review: May 1, 2020, through April 30, 2021.
  • On June 7, 2022, Commerce preliminarily determined that countervailable subsidies are being provided to producers and exporters of certain steel nails (steel nails) from India. The period of investigation is April 1, 2020, through March 31, 2021. Interested parties are invited to comment on this preliminary determination.
  • On June 7, 2022, Commerce preliminarily determined that countervailable subsidies are being provided to producers and exporters of certain steel nails from Sri Lanka. The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.
  • On June 7, 2022, Commerce preliminarily determined that countervailable subsidies are not being provided to producers and exporters of certain steel nails from Thailand. The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.
  • On June 7, 2022, Commerce preliminarily determined that countervailable subsidies are being provided to producers and exporters of certain steel nails from the Republic of Turkey. The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.
  • On June 7, 2022, Commerce preliminarily determined that countervailable subsidies are being provided to producers and exporters of certain steel nails from the Sultanate of Oman (Oman). The period of investigation is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.
  • On June 8, 2022, Commerce and the U.S. International Trade Commission determined that revocation of the antidumping duty orders on heavy forged hand tools from China would likely lead to the recurrence of dumping and material injury to an industry in the United States.
  • On June 8, 2022, Commerce found that producers/exporters importing olives from Spain subject to the administrative review made sales of subject merchandise at less than normal value during the period of review, from August 1, 2020, through July 31, 2021.
  • On June 8, 2022, Commerce determined that steel concrete reinforcing bar from Mexico was sold in the United States at less than normal value during the period of review, from November 1, 2019, through October 31, 2020.
  • On June 8, 2022, Commerce postponed their preliminary determination for their less-than-fair-value (LTFV) investigation of imports of sodium nitrite from India. The determination is postponed for 50 more days.
  • On June 8, 2022, Commerce found that revocation of the antidumping duty order on ammonium sulfate from China would likely lead to the recurrence of dumping and the magnitude of the weighted-average dumping margin likely to prevail is up to 493.46 percent.
  • On June 8, 2022, Commerce found that the revocation of the countervailing duty order on ammonium sulfate from China would likely lead to the recurrence of countervailing subsidies at various subsidy rates.
  • On June 8, 2022, Commerce found that revocation of the antidumping duty order on amorphous silica fabric from China would likely lead to the recurrence of dumping at a weighted average margin up to 162.47 percent.
  • On June 8, 2022, Commerce found that revocation of the antidumping duty order on certain biaxial integral geogrid products from China would likely lead to the recurrence of dumping and that the magnitude of margins likely to prevail is up to 372.81 percent.
  • On June 9, 2022, Commerce received requests to conduct administrative reviews of various antidumping duty and countervailing duty orders with April anniversary dates. Final results of these reviews will be issued no later than April 30, 2023.
  • On June 9, 2022, Commerce determined that the 30 companies subject to the antidumping duty order on certain magnesia carbon bricks from China are part of the China-wide entity because none filed a separate rate application or separate rate certification.
  • On June 9, 2022, Commerce determined that Honda Power Products is the successor-in-interest to Jialing-Honda Motors Co., Ltd. And that subject merchandise produced and exported should be assigned the cash deposit rate established for Jialing regarding the antidumping duty order on certain vertical shaft engines.
  • On June 9, 2022, Commerce determined that certain producers/exporters of narrow woven ribbons with woven selvedge from China received countervailable subsidies during the period of review from January 1, 2020, through December 31, 2020.
  • On June 9, 2022, Commerce initiated a countervailing duty investigation of imports of white grape juice concentrate from Argentina. The preliminary determination is due no later than June 24, 2022.
  • On June 9, 2022, Commerce’s Advisory Committee on Supply Chain Competitiveness announced that they will be meeting on June 29, 2022, from 10 am to 5 pm. The meeting will be held via Zoom.
  • On June 6, 2022, the Office of Export Enforcement (OEE) issued an Administrative Charging Letter against Russian Oligarch Roman Ambromavich, alleging violations of the Export Administration Regulations (EAR) involving flights of two U.S. origin aircraft to Russia without the required export licenses from BIS.

USTR

  • On June 3, 2022, the U.S. Trade Representative gave notice announcing their determination to further extend the 81 COVID exclusions from Section 301 investigation for an additional 6 months.
  • On June 1, 2022, the United States and Taiwan, under the auspices of the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO), respectively, launched the U.S.-Taiwan Initiative on 21st-Century Trade. The Office of the United States Trade Representative (USTR) is seeking public comments on matters relevant to the specified trade areas, including U.S. interests and priorities, to develop negotiating objectives and positions. You can provide comments in writing. The deadline for the submission of written comments is July 8, 2022.

USCIT

  • On June 8, 2022, the U.S. Court of International Trade issued its final judgement in Ghigi 1870 S.p.A. v. United States, Consol. Court no. 20-00023, sustaining the Department of Commerce’s remand results concerning the antidumping duty order on certain pasta from Italy.

OFAC

  • On June 8, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations to further implement portions of the President’s foreign policy toward Cuba. The rule will be published in the Federal Register on June 9, 2022, along with a number of new and updated Frequently Asked Questions.
  • On June 9, 2022, OFAC amended the Cuban Assets Control Regulations to implement elements of the policy announced by the Administration on May 26, 2022 to increase support for the Cuban people.

USITC

  • On June 9, 2022, the U.S. International Trade Commission (USITC) determined to grant a joint motion to terminate the investigation into shingled solar modules, components thereof, and methods for manufacturing in its entirety based on settlement.
  • On June 9, 2022, USITC gave notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-671-672 and 731-TA-1571-1573 to determine whether an industry in the United States is materially injured or threatened with material injury by reason of imports of oil country tubular goods from Argentina, Mexico, Russia, and South Korea.

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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