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

 

 

 

 

Customs and Border Protection (CBP)

  • Customs and Border Protection(CBP) initiated a formal investigation under Title IV, Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015, commonly referred to as the Enforce and Protect Act (“EAPA”), for Pitts Enterprises, Inc. (“Pitts”).
  • CBP issued a determination on February 23, 2022, against Splendid Trading Co. (also doing business as NGY Group (Chino) Inc.) (collectively, Splendid Trading) and Superior Granite and Marble by Vivaldi LLC (also doing business as Vivaldi Interiors LLC and Vivaldi Commercial LLC) (collectively, Superior) for evading customs duties in Enforce and Protect Act (EAPA) Case 7607.
  • CBP announced it has added Uyghur Forced Labor Protection Act (UFLPA) Region alert that will require a new mandatory data element for reporting imports via ACE system.
  • CBP reminds that the Period 3 (August 8, 2022 to November 7, 2022) 300,000 quota for large residential washing machines is open.  
  • CBP officers, working with Homeland Security Investigations (HSI) and the Food and Drug Administration, in the span of just two days, seized eight shipments involving counterfeit merchandise and FDA violative cosmetics at a local express consignment facility in Kenner.
  • CBP officers that inspect packages at the Louisville Port of Entry seized one package concealing bracelets, necklaces, and earrings would total over $2.5 million had the merchandise been genuine. 
  • CBP has initiated an investigation into Double L Group, LLC, to determine whether they have violated the Enforce and Protect Act (EAPA) by evading antidumping duty and countervailing duty orders.
  • CBP will deploy the Uyghur Forced Labor Prevention Act (UFLPA) Region Alert enhancement to the Automated Commercial Environment (ACE) on a date to be determined. This enhancement will provide an early notification to importers of goods that may have been produced in the Xinjiang Uyghur Autonomous Region (XUAR) which would be subject to UFLPA restrictions per H.R. 6256. 

Federal Maritime Commission (FMC)

  • Federal Maritime Commission (FMC) member Carl Bentzel proposed to carry extra transparency to the ocean delivery business. Bentzel unveiled his plan on the American Affiliation of Port Authorities’ annual conference Oct. 17. 

United States Department of Commerce (DOC)

  • Department of Commerce (DOC) and USITC determine that revocation of the antidumping duty (AD) order on 1,1,1,2-Tetrafluoroethane (R–134a) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order. 
  • DOC determines that countervailable subsidies are being provided to producers and exporters of stainless steel flanges (steel flanges) from India during the period of review, January 1, 2020, through December 31, 2020.
  • DOC, as a result of expedited sunset reviews, finds that revocation of the antidumping duty (AD) orders on welded ASTM A–312 stainless steel pipe (WSSP) from the Republic of Korea (Korea) and Taiwan would be likely to lead to continuation or recurrence of dumping.  
  • DOC each year announces during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, may request the DOC conduct an administrative review of AD/CVD order, finding, or suspended investigation.  
  • DOC’s National Marine Fisheries Service issued a proposed rule to implement Amendment 52 to the Fishery Management Plan for the Commercial King and Tanner Crab Fisheries of the Bering Sea and Aleutian Islands (Crab FMP) and a regulatory amendment to revise regulations on Economic Data Reports (EDR) requirements for groundfish and crab fisheries off Alaska. 
  • DOC and USITC determines that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People’s Republic of China (China), would likely lead to a continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD and CVD orders. 
  • DOC preliminarily determines that producers and exporters of hot-rolled steel flat products (hotrolled steel) from Japan, sold subject merchandise in the United States at prices below normal value during the period of review (POR) October 1, 2020, through September 30, 2021. 
  • DOC finds, as a result of a sunset review, that revocation of the antidumping duty (AD) order on furfuryl alcohol from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the dumping margins.
  • DOC has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with September anniversary dates.
  • DOC finds, as a result of this expedited sunset review, finds that revocation of the antidumping duty (AD) order on dioctyl terephthalate (DOTP) from the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of dumping.  
  • DOC determines that producers and/or exporters of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), January 1, 2020, through December 31, 2020.
  • DOC and USITC, based on affirmative final determinations, is issuing an antidumping duty order on sodium nitrite from the Russian Federation.  
  • DOC preliminarily determines that certain preserved mushrooms (preserved mushrooms) from Poland are being, or are likely to be, sold in the United States at less than fair value (LTFV). 
  • DOC preliminarily determines that certain preserved mushrooms (preserved mushrooms) from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV). 
  • DOC preliminarily determines that certain preserved mushrooms (preserved mushrooms) from the Netherlands are being, or are likely to be, sold in the United States at less than fair value (LTFV). 
  • DOC preliminarily determines that white grape juice concentrate (WGJC) from Argentina is being, or is likely to be, sold in the United States at less than fair value (LTFV). 
  • DOC, 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’’). 
  • DOC announced on January 6, 2020, in the U.S. District Court for the Southern District of Texas, Jose Martin Gallegos-Luevanos (‘‘Gallegos-Luevanos’’) was convicted of violating 18 U.S.C. 554(a) for fraudulently and knowingly attempting to export from the United States to Mexico, one Barret .50 caliber bolt rifle, three FA Cugir Romanian AK–47 rifles, seven Century Arms VSKA AK–47 rifles, one Century Arms WASR AK–47 rifle, and 85 assorted magazines, in violation of 18 U.S.C. 554. 
  • DOC and USITC, based on affirmative final determinations, is issuing an antidumping duty order on sodium nitrite from the Russian Federation.

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

  • U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing 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. 
  • OFAC took action on October 28, 2022, against the 15 Khordad Foundation, an Iran-based foundation that has issued a multi-million-dollar bounty for the killing of prominent Indian-born, British-American author Salman Rushdie. 
  • OFAC on November 1, 2022, took action against the Islamic State in Somalia (ISIS-Somalia), its first designations against this affiliate of the Islamic State of Iraq and Syria (ISIS). 

United States International Trade Commission (USITC)

  • U.S. International Trade Commission (USITC) has received a complaint entitled Certain Video Processing Devices and Components Thereof, DN 3651; 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. 
  • USITC has given notice that on September 16, 2022, the presiding Chief Administrative Law Judge (‘‘Chief ALJ’’) issued an Initial Determination on Violation of Section 337.
  • USITC invites comments from the public on whether changed circumstances exist sufficient to warrant the institution of a review pursuant to section 751(b) of the Tariff Act of 1930 regarding the Commission’s affirmative determination in investigation No. 731–TA–860 (Final). 
  • USITC announces they will be holding the Sunshine Act meetings on November 4, 2022, in Washington D.C. and it will be opened to the public.  
  • USITC hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping and countervailing duty orders on high pressure steel cylinders from China would be likely to lead to continuation or recurrence of material injury. 
  • USITC hereby gives notice that it has instituted reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping duty orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines would be likely to lead to continuation or recurrence of material injury.  
  • USITC hereby gives notice that it has determined not to review an initial determination (‘‘ID’’) (Order No. 70) of the presiding administrative law judge (‘‘ALJ’’) granting respondent Google LLC’s (‘‘Google’’) unopposed motion to terminate the modification proceeding based on withdrawal of its petition for modification. 
  • USITC had a complaint filed with them on August 23, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York.
  • USITC on the basis of the record developed in the subject investigation, determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of sodium nitrite from Russia, provided for in subheading 2834.10.10 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’’).
  • USITC instituted Investigation No. 332–593, U.S.- Pacific Islands Trade and Investment: Impediments and Opportunities following receipt on September 29, 2022, of a request from USTR.

Bureau of Industry and Security (BIS)

  • Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to implement necessary controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items. 

Foreign Agricultural Service (FAS)

  • Foreign Agricultural Service (FAS), in accordance with the Paperwork Reduction Act of 1995, intends to request a revision of a currently approved information collection for the Refined Sugar Re-Export Program, the Sugar-Containing Products Re-Export Program, and the Polyhydric Alcohol Program. 

United States Food and Drug Administration (FDA)

  • United States Food and Drug Administration (FDA) is proposing to amend the color additive regulation to increase the fee for certification services. The change in fees will allow FDA to continue to maintain an adequate color certification program as required by the Federal Food, Drug, and Cosmetic Act (FD&C Act). 

United States Trade Representative (USTR)

  • United States Trade Representative (USTR) Katherine Tai and Secretary of Labor Marty Walsh released on October 27, 2022, the following statements after workers at a Saint Gobain facility in Cuautla, Mexico elected a new, independent union to represent them in collective bargaining agreement negotiations. 
  • USTR received on September 8, 2022, a petition requesting an investigation of certain alleged acts, policies, and practices of the government of Mexico concerning seasonal and perishable agricultural products.  
  • USTR Katherine Tai, and Julio José Prado, Minister of Production, Foreign Trade, Investment and Fisheries of Ecuador met on October 28, 2022, in Washington, DC, and agreed to establish a Fair Trade Working Group and explore potential negotiations on labor, environment, and digital trade.
  • USTR on October 17, 2022, announced its request for comments on “the effectiveness of the actions in achieving the objectives of the investigation, other actions that could be taken, and the effects of such actions on the United States economy, including consumers.” USTR has posted the list of Four-Year Review Questions that it will work to determine whether tariffs should be maintained; whether the approach to China regarding trade needs to be changed; or whether the tariffs should end entirely.  

Department of Homeland Security (DHS)

  • Department of Homeland Security (DHS), CBP will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). 

The White House

  • President Biden on September 15, 2022, issued Executive Order further elaborating upon current statutory factors and add national security factor the Committee on Foreign Investment in the United States must consider in its review process of covered transactions.  
  • Government officials from the United States and Jordan convened the fourth Labor Subcommittee under the United States-Jordan Free Trade Agreement on October 31, 2022. 

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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