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 releases May operational update. Highlights: 
    • Processed more than 2.9 million entry summaries valued at more than $284.8 billion  
    • Identified estimated duties of nearly $6.7 billion to be collected by the U.S. government 
    • Stopped 450 shipments for further examination based on the suspected use of forced labor 
    • Seized 1,640 shipments that contained counterfeit goods valued at more than $331 million. 
  • CBP adopted proposed amendments to regulations pertaining to importations of merchandise that violate or are suspected of violating the copyright laws, including the Digital Millennium Copyright Act (DMCA). The amendments: 
    • Clarify the definition of “piratical articles”  
    • Simplify the detention process involving goods suspected of violating the copyright laws 
    • Prescribe new regulations enforcing the DMCA 
  • CBP officers in Chicago seized 53,700 electronic nicotine delivery system (ENDS) for violating FDA regulations.  
By |2024-06-28T12:20:01-04:00June 28, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Trade News: New Petition Filed Against Low Speed Personal Transportation Vehicles from China

The American Personal Transportation Vehicle Manufacturers Coalition filed petitions for the imposition of antidumping and countervailing (AD/CVD) duties on the imports of certain low speed personal transportation vehicles (“CLSPTV”) from China.

Full list of exporters here. Full list of importers here.

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. 

Scope of the Investigation

This petition covers CLSPTVs and subassemblies thereof. CLSPTVs meeting this description are generally open air vehicles with a minimum of four wheels, a steering wheel, a traditional side-by-side or in- line row seating arrangement (i.e., non- straddle), foot operated accelerator and brake pedals, and a gross vehicle weight of no greater than 5,500 pounds. 

Specifically excluded from the scope of this order are all-terrain vehicles, multipurpose off highway utility vehicles, and recreational off-highway vehicles.  Full scope here.

Next Steps

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC […]

By |2024-06-24T14:25:19-04:00June 24, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Petition Filed Against Low Speed Personal Transportation Vehicles from China

ICYMI: Congress Doubles the Statute of Limitations for Sanctions Violations

On April 24, 2024, President Biden signed into law H.R. 815, an emergency supplemental appropriations bill that included spending for Israel and Ukraine, along with other priorities such as data protection from foreign adversaries.

Within the fentanyl trafficking section, the bill included a provision that doubles the statute of limitations for all sanctions violations from five to 10 years. It also extended the limitation for certain export control violations such as biological weapon proliferation.

Impact

This policy change will change how exporters keep records, maintain compliance programs, and conduct due diligence. It also allows more time for the government to investigate violations.

Government

The Department of Justice and the Department of Treasury’s Office of Foreign Assets Control (OFAC) are the primary authorities that will benefit from this policy change. Agency officials and prosecutors will now have twice as much time to investigate and bring charges against exporters.

The majority of federal crimes currently have a five-year statute of limitations. Some serious crimes such as capital murder or treason have no statute of limitations, other serious crimes such as embezzlement from a federal financial institution or racketeering have a 10 year limit.

Congress deliberately extending the limitations period in line with serious federal crimes sends a clear signal that export violations are a priority and considered a serious offense by the U.S. government.

Private Sector Implications

Companies seeking to invest in or acquire another company subject to export control laws and U.S. sanctions will now have to request documentation for 10 years instead of five.

The law […]

By |2024-06-21T15:18:25-04:00June 21, 2024|EAR, Export, U.S. Office of Foreign Assets Control (OFAC)|Comments Off on ICYMI: Congress Doubles the Statute of Limitations for Sanctions Violations

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)  

  • In a final determination under the Enforce and Protect Act CBP has determined that there is substantial evidence that an importer evaded the antidumping duty order on xanthan gum from China by transshipping such goods through Turkey. 
  • CBP seized 1,500 toys that violated federal safety requirements. 
  • CBP hosted host a Virtual Career Expo highlighting law enforcement and mission support opportunities across the nation.  
  • Users in the trade community with the carrier role in ACE now have access to the Late In-Transit Warning report. The purpose of this report is to identify those in-bond shipments that are currently within the five-day “late in-transit warning” period.  

 Bureau of Industry and Security (BIS) 

  • BIS has imposed a three-year denial order against USGoBuy LLC of Portland, Oregon, prohibiting USGoBuy from participating in all exports under BIS jurisdiction from the United States for violations of the EAR and failure to address its past compliance failures.  
  • BIS imposed a civil penalty of $285,000 against […]
By |2024-06-21T15:10:21-04:00June 21, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

Trade News: New AD/CVD Case Filed on Brake Drums from China and Turkey

A new AD/CVD case was filed on brake drums from China and Turkey.

Full list of exporters here. Full list of importers here.

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.

Scope of the Investigation

This petition covers certain brake drums, made of gray cast iron, weighing more than 50 pounds with an actual or nominal inside diameter of 14.75 inches or more but not over 16.6 inches for use in commercial vehicles. Full scope here.

Next Steps

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.

As with any proceeding, participation is very important to protect your rights. We urge anyone who imports brake drums to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any […]

By |2024-06-20T21:27:30-04:00June 20, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New AD/CVD Case Filed on Brake Drums from China and Turkey

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)  

  • The next Commercial Customs Operations Advisory Committee (COAC) quarterly public meeting will take place Wednesday, June 26, 2024, in Long Beach, CA from 1:00-5:00 p.m. Pacific Time.  
  • Beginning July 1, Laredo CBP will begin enforcing penalties for any discrepancies in manifests.  
  • CBP announces Chris Leon as the new Area Port Director for San Luis Port, Arizona. 

Department of Commerce  

  • Commerce announces the latest speaker lineup for 10th SelectUSA Investment Summit. 

Bureau of Industry and Security (BIS) 

  • BIS announced several significant additional export control restrictions and related actions against Russia to further degrade its ability to continue waging war against Ukraine.  

Department of Homeland Security (DHS) 

  • DHS adds PRC-based seafood, aluminum, and footwear entities to Uyghur Forced Labor Prevention Act Enforcement List. 

United States Trade Representative (USTR) 

  • USTR concludes public engagement to advance supply chain resilience in trade policy initiatives. USTR will now synthesize public […]
By |2024-06-14T15:19:07-04:00June 14, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

MoCRA Enforcement is Right Around the Corner! Are You Ready?

The Food and Drug Administration (FDA) is set to start enforcing the requirements of the Modernization of Cosmetics Regulation Act (MoCRA) on July 1, 2024. Manufacturers, distributors, or packers of cosmetic products must comply with the requirements to avoid an enforcement action. 

MoCRA Background 

In recent years, the cosmetics industry has experienced exponential growth, with new products being introduced almost daily. The average American consumer uses six to 12 cosmetics products daily. This growth has resulted in a need for more comprehensive regulation of cosmetic products to ensure consumer safety. 

MoCRA was passed in 2022 and aims to modernize and strengthen cosmetic regulations in the United States. MoCRA replaced the previous Cosmetic Act, which had not been updated since 1938.  

Subsequent to the bill’s passage, the FDA issued regulations implementing the law. In issuing MoCRA regulations, FDA’s aim was to help ensure the overall safety of cosmetic products, and expand the Agency’s ability to trace and track non-compliant products and facilities. MoCRA brings significant changes to the cosmetic industry and regulations under MoCRA impact the entire lifecycle of cosmetics products from manufacturing to marketing. 

MoCRA Requirements 

New MoCRA requirements include:

  • FDA registration for cosmetics facilities 
  • Product listings for each cosmetic product 
  • Adverse event reporting 
By |2024-06-20T21:30:28-04:00June 11, 2024|Cosmetics, U.S. Food and Drug Administration (FDA)|Comments Off on MoCRA Enforcement is Right Around the Corner! Are You Ready?

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP) 

  • Statement from CBP Acting Commissioner Troy Miller on new efforts to enhance enforcement and prevent exploitation in the de minimis environment.
  • Harmonized Systems Update – 301 exclusion extensions.
  • CBP at the Rochester, NY Port of Entry seized counterfeit designer clothing, shoes, and watches valued at $1.6M. 

Department of Commerce 

  • Electrolux Consumer Products, Inc. filed a petition for the imposition of antidumping duties on large top mount combination refrigerator-freezers from Thailand. 

Bureau of Industry and Security (BIS)

  • BIS imposes penalty on Texas company Airbus DS Government Solutions Inc. to resolve alleged violations of the antiboycott regulations.

United States Trade Representative (USTR)

  • USTR announced Laurie-Ann Agama as Assistant United States Trade Representative for Economic Affairs.

Office of Foreign Asset Control (OFAC)

  • OFAC is amending the Syrian Sanctions Regulations – the amendments will update one general license, six general licenses, implement new prohibitions, and add several relevant definitions and interpretations.

U.S. International Trade Commission (USITC)

  • USITC votes to continue investigations on ceramic […]
By |2024-06-07T14:21:22-04:00June 7, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot
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