June 2023 | Customs & International Trade Law Blog

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

U.S. candidate Ian Saunders elected Secretary General of the World Customs Organization
CBP releases Integrity and Accountability Strategy. The Strategy builds upon CBP’s previous strategy to broaden the focus of integrity in the agency beyond corruption and misconduct to better reflect an enterprise-wide commitment to integrity and accountability.
Agenda announced for CBP’s Inaugural Green Trade Innovation and Incentives Forum
Decision in EAPA Case: Scioto Valley Woodworking – CBP concluded that there is not substantial evidence of evasion as defined by EAPA.
Roberto Vaquero takes command as Director of CBP San Juan Field Operations
CBP quota bulletin: specialty sugar period 5 opening
Upcoming: CBP Green Trade Innovation and Incentives Forum on July 11. The event aims to drive implementation of CBP’s Green Trade Strategy by building a community that sees the international trade arena as fertile ground for climate mitigation, resilience and environmentally-beneficial innovation, and is intended to spark dialogue and exchange best practices that will help identify areas of priority action for both CBP and industry.

United States Trade Representative (USTR)

USTR announced Sarah Ellerman as Assistant U.S. Trade Representative for Southeast Asia and the Pacific

Department of Commerce

District Export Council nomination opportunity: The Department of Commerce is currently seeking nominations of individuals for consideration for appointment by the Secretary of Commerce to serve as members of one of the 61 District Export Councils (DECs) nationwide.
Announcement of approved International Trade Administration trade mission. This mission is U.S. aerospace & […]

By Jennifer Diaz|2023-06-30T11:19:11-04:00June 30, 2023|Uncategorized|Comments Off

DHS Adds Ninestar Co. And Xinjiang Zhongtai Chemical Co. to the UFLPA Entity List

The interagency Forced Labor Enforcement Task Force (FLETF), led by the Department of Homeland Security (DHS), added the following two People’s Republic of China (PRC)-based companies to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List: Ninestar Co. and Xinjiang Zhongtai Chemical Co. DHS found that the companies engaged in business practices that target members of persecuted groups, including Uyghur minorities. Goods produced by the companies will be restricted from entering the United States.

UFLPA Background

On December 23, 2021, President Biden signed into law H.R. 6256, as part of the United States’ commitment and deterrence efforts to secure U.S. supply chains from goods produced by forced labor. The Uyghur Forced Labor Prevention Act (UFLPA) (H.R. 6256) requires CBP to apply a rebuttable presumption that all imports of goods, wares, articles, and merchandise manufactured wholly or in part from the Xinjiang Uyghur Autonomous region of the People’s Republic of China, or by entities identified by the U.S. government on the UFLPA Entity List, are presumed to be produced with forced labor and are prohibited from entry into the United States.

This presumption applies to all goods made in, or shipped through, other countries that include parts made in Xinjiang. However, this presumption is rebuttable. To rebut this presumption, the importer of record will need to provide to CBP clear and convincing evidence that the goods were NOT produced using forced labor.

DHS Making Progress, Some Say Not Enough

While the announcement was applauded by some, other groups expressed concern that DHS is […]

By Jennifer Diaz|2023-06-30T11:11:22-04:00June 30, 2023|China, Countries, U.S. Department of Homeland Security (DHS)|Comments Off

Customs and Trade Weekly Snapshot

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

Customs and Border Protection (CBP)

CBP adopted its final rule requiring continuing education for individual customs broker license holders (individual brokers) and the framework for administering this requirement.
CBP Releases May 2023 monthly operational update.
CBP announced the launch of a new mobile application to enable travelers potentially eligible to enter under the Visa Waiver Program to submit ESTA applications easily and quickly from their smartphones, mobile devices or tablets.
CBP seeking participants for the Global Business Identifier Initiative.
Quota bulletin: third quarter tariff rate quota (TRQ) for steel articles of Japan or the United Kingdom.
Quota Bulletin: third quarter tariff rate quota (TRQ) for steel mill articles of European Union (EU) member countries.

U.S. International Trade Commission

The U.S. International Trade Commission is expected to publish the latest 484(f) changes in the Harmonized Tariff Schedule (HTS) on July 1.

Department of Commerce

Biden-Harris Administration announces $575 million for coastal and great lakes climate resilience through Investing in America Agenda.
Carton-closing staples from China: Final results of sunset review and revocation of Order.
Preliminary results of antidumping duty administrative review: Carbon and alloy steel cut-to-length plate from the Republic of Korea.
Preliminary results of antidumping duty administrative review: Large diameter welded pipe from Greece.
Rescission of countervailing duty administrative review: Sulfanilic acid from India.
Amended preliminary determination of less-than-fair-value […]

By Jennifer Diaz|2023-06-29T17:19:20-04:00June 24, 2023|Snapshot|Comments Off

Customs and Trade Weekly Snapshot

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

Customs and Border Protection (CBP)

The Commercial Customs Operations Advisory Committee (COAC) held its June public meeting. Updates were given by The Next Generation Facilitation Subcommittee, The Intelligent Enforcement Subcommittee, The Secure Trade Lanes Subcommittee, and the Rapid Response Subcommittee.
CBP announced several key transitions among the senior leadership team.
The ACE Currency Exchange Rates enhancement was deployed to the ACE Production environment (PROD) on June 10, and the agency subsequently retired the ACS Currency Exchange Rates.

United States Trade Representative (USTR)

USTR to Hold Stakeholder IPEF Listening Session for Fourth Negotiating Round
United States to Participate in Fourth Indo-Pacific Economic Framework (IPEF) Negotiating Round in South Korea
United States Seeks Mexico’s Review of Alleged Denial of Workers’ Rights at Mexican Garment Facility

Department of Commerce

U.S. Secretary of Commerce Gina Raimondo and UK Secretary of State for Science, Innovation, and Technology the Rt Hon Chloe Smith MP issued a joint statement on the announcement that both countries have […]

By Jennifer Diaz|2023-06-16T11:43:52-04:00June 16, 2023|Snapshot|Comments Off

Customs and Trade Weekly Snapshot

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

Customs and Border Protection (CBP)

DHS to Ban Imports from Two Additional PRC-Based Companies as Part of Its Enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) – The interagency Forced Labor Enforcement Task Force (FLETF), led by DHS, added two People’s Republic of China (PRC)-based companies to the UFLPA Entity List. Effective June 12, 2023, goods produced by Xinjiang Zhongtai Chemical Co., Ltd. and Ninestar Corporation and eight of its Zhuhai-based subsidiaries will be restricted from entering the United States as a result of the companies’ participation in business practices that target members of persecuted groups, including Uyghur minorities in the PRC.
The National Commodity Specialist Division, Office of Trade, announced the next round of approximately 35 commodity-specific, educational webinars. See the list of webinars and register here.
CBP issues guidance on the 16-day transition period for all 81 medical-care product COVID exclusions, extending them through May 31, 2023, and the further extension of 77 of the COVID exclusions through September 30, 2023
REMINDER: ACE Currency Exchange Rates Deployment to Production on June 10, 2023
CBP provides guidance […]

By Jennifer Diaz|2023-06-10T10:49:58-04:00June 10, 2023|Snapshot|Comments Off

Customs and Trade Weekly Snapshot

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

Customs and Border Protection (CBP)

EAPA Action: CBP issued the notice of initiation of investigation and implemented interim Measures for EAPA case 7794 filed by CP Kelco U.S., Inc., against U.S. importer, Colony Gums Inc. (Colony Gums) for evasion of the applicable antidumping (AD) order A-570-985 on xanthan gum from China.
EAPA Action: CBP issued its determination as to evasion by Pitts Enterprises, Inc. (Pitts) in Enforce and Protect Act (EAPA) investigation 7711. Pitts was suspected of evading antidumping duty (AD) order A-570-135 and countervailing duty (CVD) order C-570-136 on certain chassis and subassemblies from the People’s Republic of China (China).
CBP issues Notice of intent to distribute offset for Fiscal Year 2023 – Pursuant to the Continued Dumping and Subsidy Offset Act of 2000, CBP issued a notice of intent to distribute assessed antidumping or countervailing duties (known as the continued dumping and subsidy offset) for Fiscal Year 2023 in connection with countervailing duty orders, antidumping duty orders, or findings under the Antidumping Act of 1921.
Nearly 4,000 fraudulent refrigerator water filters seized by CBP at LA/LB Seaport.

Food and Drug Administration (FDA)

FDA Conducts Retailer Inspection Blitz, Cracks Down on Illegal Sales of Popular Disposable E-cigarettes
The fiscal year (FY) 2023 Over-the-Counter (OTC) monograph drug facility fees were due June 1, 2023 for qualifying owners of an OTC monograph drug facility, as described in sections 744M and 744L of the Federal Food, […]

By Jennifer Diaz|2023-06-02T15:20:15-04:00June 2, 2023|Uncategorized|Comments Off