Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)  

  • CBP held a Virtual Career Expo on Jan. 24. The expo highlighted law enforcement and mission support opportunities throughout CBP.  
  • CBP is modifying the timing of the automatic release messages for non-express air cargo filed as an Entry Type 86; effective January 27.  
    • The update will help ensure that CBP has sufficient time to review entries and notify filers of holds. 
  • CBP announced an updated “ACE Tips for Filing EPA Hydrofluorocarbons (HFCs)” is now available and provides clarification for an HFC filing. 
  • EAPA case update: CBP has determined there is substantial evidence that importer Suzhou Quality Import and Export Co. entered covered merchandise for consumption into the customs territory of the United States through evasion. Specifically, Suzhou Quality imported into the United States Chinese-origin aluminum extrusions but not did not enter these extrusions as subject to the AD/CVD orders.  

Department of Commerce 

  • New AD and CVD petition filed on paper plates from China, Vietnam and Thailand 
By |2024-01-29T13:29:18-05:00January 29, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Breaking Trade News: New AD and CVD Petition Filed on Paper Plates from China, Vietnam and Thailand

The Petition, filed on behalf of the American Paper Plate Coalition (the “APPC”), concerns certain paper plates that are imported from China, Thailand, and Vietnam. APPC is comprised of six producers of paper plates in the United States:

  • AJM Packaging Corporation
  • Dart Container Corporation
  • Aspen Products, Inc.
  • Huhtamaki Americas, Inc.
  • 9201 Packaging Drive
  • Unique Industries, Inc.

The petition claims the paper plates were sold at less than fair value, and that certain paper plates from China and Vietnam benefit from countervailable subsidies. Petitioners claim that these imports have caused material injury and threaten additional material injury to the domestic industry producing paper plates.

Full list of producers here. Full list of U.S. importers here.

The proposed scope language is broad and includes “Paper plates, which may be white, colored, and/or printed, and if printed, may be printed and/or laminated by any means with images, text and/or colors on one or both surfaces.” Full description and scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports paper plates to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get […]

By |2024-01-29T12:29:29-05:00January 25, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|Comments Off on Breaking Trade News: New AD and CVD Petition Filed on Paper Plates from China, Vietnam and Thailand

BIS Regulatory Updates: 2023 Significant Changes

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles! Below is the article reproduced, you can also read here.

The two most important categories of export controls are the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The vast majority of controlled exports fall under EAR, while the ITAR’s scope is limited to only military and defense-related articles, services, information, and technology. The US Department of Commerce’s Bureau of Industry & Security (BIS) is charged with enforcing EAR under 15 C.F.R. parts 730-774.

This article provides an overview of the significant BIS policy and regulatory changes in 2023, including updates to the voluntary disclosure policy, an update on the semiconductor export control rules, expansion of Russia sanctions, and a human rights amendment to the EAR.

Background on EAR

The purpose of EAR is to safeguard US national security interests by ensuring that certain critical technology does not fall into the wrong hands.

The EAR governs whether a person or entity may:

  • Export an item from the US.
  • Reexport that item from a foreign country.
  • Transfer an item from one person to another.

BIS has repeatedly demonstrated its commitment to enforcing EAR and violations can carry heavy penalties. Civil penalties may be up to $300,000 per violation or twice the value of the transaction, whichever is greater. EAR violations can even result in criminal liability, such as a $1 million criminal penalty per violation or up to 20 years in prison. EAR violations […]

By |2024-01-29T12:30:17-05:00January 24, 2024|Bloomberg, Bloomberg Import, Export, U.S. Bureau of Industry and Security (BIS)|Comments Off on BIS Regulatory Updates: 2023 Significant Changes

Jennifer Diaz Receives 2024 Martindale-Hubbell AV Preeminent Rating

Congratulations to DTL President Jennifer Diaz on her 2024 Martindale-Hubbell AV Preeminent Rating.

Martindale-Hubbell has been the premier source for attorney ratings since 1868. The organization provides verified attorney ratings based on their legal ability and ethical standards as judged by their peers.

The AV Preeminent distinction is given only to attorneys who are peer rated for the highest level of professional excellence. Jennifer received the highest possible rating in both legal ability and ethical standards.

By |2024-01-29T10:45:28-05:00January 23, 2024|news|Comments Off on Jennifer Diaz Receives 2024 Martindale-Hubbell AV Preeminent Rating

Government Shutdown Avoided Again

On Thursday, the U.S. House of Representatives passed a stopgap bill to fund the federal government, avoiding a shutdown just before the weekend deadline. The measure will fund the government through early March.

The Senate passed the bill 77-18, while the House passed the measure 314-108, with 106 Republicans and two Democrats in opposition. Party leadership statements were varied. Freedom Caucus Chairman Bob Good told reporters: “It’s a loss for the American people…” Senate Majority Leader Chuck Schumer said on the Senate floor: “We have good news for America. There will not be a shutdown on Friday.” The lack of consensus signals that there is much work to be done to avoid a shutdown in March.

While many employees in key agencies for international trade will be deemed “essential,” meaning they will continue working through a shutdown, agencies will still experience operational changes that will cause delays.

Below is a breakdown of how key agencies will be impacted by a future shutdown.

U.S. Customs and Border Protection

According to the Department of Homeland Security’s contingency plan, cargo security and port of operations will remain active during a shutdown. However, certain activities such as training and auditing are not required to be carried out during this time. In addition, back-office support positions are not likely to be deemed essential and will be furloughed. Refunds, audits, ruling requests, etc. would be delayed until the shutdown ends.

There remains uncertainty around which specific offices will be deemed essential. For example, Forced Labor Communications may be furloughed, resulting in delays in […]

By |2024-01-19T11:30:51-05:00January 19, 2024|news|Comments Off on Government Shutdown Avoided Again

Customs and Trade News Weekly Snapshot

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

2024 Regulatory Agenda 

  • New regulation alert: the semiannual regulatory agendas of the departments of Homeland Security and Treasury list several regulations impacting international trade that are expected to be finalized this year. The new regulations include: 
    • A proposed rule to create a new process for entering low-value shipments 
    • A final rule to require customs brokers to verify the identity of importers and non-resident importers and create a process for doing so 
    • A proposed rule to require the submission of export manifest data through ACE for cargo transported by rail 

Customs and Border Protection (CBP)  

  • CBP modifies certain aspects of the ACE Entry Type 86 test to counter “enforcement challenges” involving low-value shipments involved in the test. 
    • These challenges include illicit substances, counterfeit goods, and goods made with forced labor found among some of the imports involved in the Type 86 test. 
    • To address these problems in the test, CBP will modify the deadline to file Entry Type 86 from “within 15 […]
By |2024-01-15T20:16:40-05:00January 15, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Customs and Trade News Weekly Snapshot

Customs and Border Protection (CBP)  

  • On Jan. 16, customs brokers will begin receiving messages on entry summaries that are potentially noncompliant for AD/CVD.  
    • CBP is aiming to address AD/CVD entry summaries that appear to have mitted companion AD or CVD case numbers and/or applied an improper company-specific 10-digit AD/CVD case number.  

Food and Drug Administration (FDA) 

  • Reckitt/Mead Johnson Nutrition voluntarily recalled certain Nutramigen Hypoallergenic Infant Formula Powder products due to possible Cronobacter sakazakii contamination.  
  • The FDA issued new guidance to help drug manufacturers limit consumers’ and patients’ exposure to unacceptable levels of benzene in certain drug products.  
    • The guidance provides manufacturers with recommendations for testing and documentation related to reformulation of drug products that use carbomers manufactured with benzene, taking into consideration the various routes of administration and dosage forms of affected drug products. 

 Department of Justice (DOJ)  

  • The New Hampshire charity NuDay was sentenced to five years of probation for export offenses.  
    • The charity violated U.S. export control laws when it sent over 100 shipments of humanitarian goods […]
By |2024-01-05T16:08:25-05:00January 5, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Upcoming Deadline to File Comments: USTRs Section 301 China Tariff Exclusions Proceeding

On December 26, 2023, the Office of the United States Trade Representative (“USTR”) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions on goods from China until May 31, 2024.

The exclusions refer to additional duties imposed on goods from China pursuant to an earlier Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.

In December 2022, the agency determined to extend the exclusions and extended them again in May 2023 and September 2023 through December 31, 2023. This latest Federal Register notice announces the agency’s determination to further extend the exclusions until May 31, 2024 and open up the ability to comment on the exclusions. The public docket will open on January 22, 2024 and will close on February 21, 2024.

This latest extension provides USTR additional time to orderly phase out certain exclusions and align others with the objectives determined during the agency’s ongoing four-year review of Section 301 China tariffs.

The agency also announced that it will open a docket to gather public comments on whether to further extend particular exclusions. The focus of the evaluation will be on:

  • The availability of products covered by the exclusion from sources outside China
  • Efforts undertaken to source products covered by the exclusion
  • Why additional time is needed
  • On what timeline, if any, the sourcing of products covered by the exclusion is likely to shift outside of China

USTR will also consider whether or not extending the exclusion will impact U.S. interests.

 Exclusion Background

In […]

By |2024-01-15T20:21:09-05:00January 5, 2024|China, Import, Special 301, U.S. Trade Representative (USTR)|Comments Off on Upcoming Deadline to File Comments: USTRs Section 301 China Tariff Exclusions Proceeding

Trade News: New Petition Filed on Glass Wine Bottles from China, Mexico and Chile

On December 29, 2023, the last working day of the year, the U.S. Glass Producers Coalition filed a petition for the imposition of antidumping duties on certain glass wine bottles from China, Mexico, and Chile and countervailing duties on imports of certain glass wine bottles from China.

The Coalition is comprised of U.S. producer Ardagh Glass Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“USW”). The petitions allege that the Chinese, Chilean, and Mexican industries have been dumping wine bottles in the U.S., harming the U.S. market and destroying American jobs.

Full list of producers here. Full list of U.S. importers here.

The petition alleges dumping margins of:

  • China: 280.10% and 620.03%
  • Mexico: 78.55% and 102.09%
  • Chile: 615.68%

The scope of merchandise covered includes a wide array of products including both clear and colored bottles in the Bordeaux, Burgundy, Champagne, or Sparkling shapes. Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports glass wine bottles to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch […]

By |2024-01-05T15:52:11-05:00January 5, 2024|AD/CVD, China, Import, Mexico, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Petition Filed on Glass Wine Bottles from China, Mexico and Chile
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