Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP) 

  • CBP released the June monthly update. Highlights:
    • Identified $6.7M to be collected in duties
    • Stopped 291 shipments for further examination based on suspected use of forced labor
    • Seized 1501 shipments that contained counterfeit goods
  • On July 15, CBP implemented cargo messaging to communicate with the entry filer on shipments that have invalid consignee names.
  • CBP plans to deploy in late-August ACE programming to permit filing of 19 U.S.C. § 1313(c)(1)(C)(ii) direct identification retail return drawback claims with exports to Canada or Mexico utilizing ACE provision codes 56 and 70.
  • CBP intercepted 90 giant African land snails at the Detroit Metropolitan Airport. 
  • Officers at the Rochester port of entry seized a variety of counterfeit designer items as well as beauty products and dietary supplements that were in violation of the Federal Food, Drug, and Cosmetic Act. 

Department of Justice (DoJ)

  • Russian international money launderer sentenced to three years in prison for illicitly procuring large quantities of U.S.-manufactured dual-use, military grade microelectronics for Russian entities. 

Office […]

By |2024-07-19T13:35:11-04:00July 19, 2024|Snapshot|0 Comments

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)  

  • In relation to the Section 301 China Product Exclusions Extension, CBP provided guidance on the 14-day transition period extending 429 product-specific exclusions (352 previously reinstated exclusions and 77 COVID-related) through June 14, 2024, and extending certain exclusions through May 31, 2025. 
  • Norfolk CBP seized 305 window air conditioners for bearing counterfeit Energy Star certification marks. 
  • Louisville CBP seized three shipments containing 2,387 pieces of counterfeit jewelry. If genuine, the jewelry would have had a combined Manufacturer’s Suggested Retail Price (MSRP) of over $10.08 million. 
  • CBP posted an updated version of the Drawback/TFTEA Drawback Entry Summary Create/Resubmission CATAIR. This version has a new class code for Superfund. 
  • On July 25, 2024, CBP will deploy an update to the Automated Commercial Environment (ACE) that requires the submission of the Reference Identifier Qualifier Estimated Date of Arrival (EDA) in the SE20 record for all de-minimis shipments filed as an entry type 86 submission.  
  • CBP’s Baltimore Field Office announces […]
By |2024-07-12T13:25:09-04:00July 12, 2024|Snapshot|0 Comments

Trade News: New Petition Filed Against Tungsten Shot from China

Tungsten Parts Wyoming, Inc. filed the petition for the imposition of antidumping and countervailing (AD/CVD) duties on the imports of tungsten shot from China.

Unlike most AD/CVD petitions, the domestic industry has not yet been established, as the petitioner only began production last year. Thus, instead of arguing that Chinese imports are injuring the industry, the petitioner is claiming that the domestic industry has been “materially retarded” by reason of the allegedly unfair Chinese imports.

Full list of exporters. Full list of importers.

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 investigation pertains to certain tungsten shot. The physical characteristics of the covered product are tungsten shot that are 92.6 percent or greater tungsten by weight. Merchandise is covered regardless of the combination of compounds that comprise the non-tungsten material and whether or not the tungsten shot is additionally coated with another material, including but not limited […]

DHS Announces New High Priority Sectors for UFLPA Enforcement

The Department of Homeland Security’s (DHS) Forced Labor Enforcement Task Force (FLETF) released an update to the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China.

Strategy Background

DHS released the first publication of the UFLPA Strategy in June 2022. The strategy outlines a multi-pronged approach to combating forced labor in global supply chains.The strategy includes a comprehensive assessment of the risk of importing goods with forced labor in the PRC, high priority sectors for enforcement, guidance to importers, recommendations to accurately identify affected goods, and more. DHS released the first update to the publication in August of 2023.

The Latest Update  

The update builds on two years of the Administration’s enforcement of the UFLPA. The latest strategy identified new high priority sectors for enforcement – aluminum, polyvinyl chloride (PVC), and seafood. These industries were identified due to higher risk of forced labor or state labor transfer of Uyghurs and other ethnic minorities from the Xinjiang Uyghur Autonomous Region (XUAR).

Entities in these sectors will now be prioritized for review for enforcement actions such as inclusion on the UFLPA Entity List, sanctions, export limitations, and visa restrictions.

Other products previously identified as high priority such as apparel, cotton and cotton products, silica-based products including polysilicon, and tomatoes remain high priority sectors.

The latest updates also outline how the FLETF has significantly advanced their objectives through several initiatives, such as strong enforcement by U.S. Customs and Border Protection (CBP); expansion of the UFLPA Entity List; […]

Customs and Trade News Weekly Snapshot

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

 Customs and Border Protection (CBP)  

  • ICYMI: CBP announces new broker continuing education accreditors, five entities who will help CBP develop and implement accreditation standards for the agency’s new Customs Broker Continuing Education (CE) program. 
  • CBP published a Federal Register notice to advise the import industry about the quarterly IRS interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. 
  • CBP said it is planning to advance work this fall on a new system that will ultimately replace the Automated Commercial Environment. The agency anticipates beginning software development work on ACE 2.0 capabilities in the fiscal year 2026 timeframe providing funding is available.  
  • CBP announces implementation of recent USDA rule change allowing individuals to travel with certain fruits and vegetables (peppers and tomatoes for personal use). 

United States Trade Representative (USTR) 

  • USTR released the second Report on the Operation of the United States-Mexico-Canada Agreement (USMCA) with Respect to Trade in Automotive Goods 
    • The report found […]
By |2024-07-05T15:02:33-04:00July 5, 2024|Snapshot|Comments Off on Customs and Trade News Weekly Snapshot

ICYMI: Supreme Court Overturns Landmark Chevron Case

In a major ruling, the Supreme Court overturned their decision in Chevron v. Natural Resources Defense Council that gave federal agencies great leeway in interpretation of laws. Instead of deferring to agencies, judges may now substitute their own interpretation of the law, making it easier to overturn agency regulations across the federal government.

What is Chevron Deference

In 1984, the Supreme Court decided Chevron v. Natural Resources Defense Council – the case involved the Environmental Protection Agency’s (EPA) interpretation of the Clean Air Act. The Court ruled that since the law was ambiguous, the EPA (and other federal agencies) should have leeway to interpret the statute. Further, Chevron said that and that courts should uphold the agency’s interpretation, even if the agency’s reading differs from what the court believes is the best statutory interpretation, as long as it is reasonable.

This principle became known as “Chevron deference” and came to be one of the most consequential decisions in Administrative Law. In the 40 years since Chevron, federal courts have cited the decision more than 18,000 times.

The Supreme Court’s Decision Overturning Chevron

In a 6-3 ruling, the Supreme Court threw out the “Chevron deference” principle, calling it inconsistent with the Administrative Procedure Act – the federal law that governs the procedures federal agencies must follow and how courts are to review actions by the agencies. The decision stated that it is the responsibility of the courts to decide what the laws mean, not the agencies, and that Congress expects courts to handle […]

By |2024-07-02T09:05:50-04:00July 2, 2024|news|Comments Off on ICYMI: Supreme Court Overturns Landmark Chevron Case

ICYMI: BIS Updates Boycott Requester List

The Department of Commerce’s Bureau of Industry and Security (BIS) published its first quarterly update of the Boycott Requester List. The list notifies companies, freight forwarders, financial entities, and individuals of potential sources of boycott-related requests that they may receive.

Background on Boycott Requests

BIS is charged with enforcing anti-boycott laws under the Export Administration Regulations (EAR). The laws prohibit U.S. companies from taking actions in furtherance of a boycott maintained by a foreign country against a country friendly to the United States. Common boycott requests include:

  • Requesting a certification that goods are not from a specific country
  • Requesting that goods are not shipped to a certain country
  • Requesting that a business does not engage with a particular country

U.S. persons must report boycott-related requests to BIS’s Office of Anti-boycott Compliance (OAC).

Boycott Requester List

OAC maintains a boycott-requester list to raise awareness and assist U.S. persons in identifying sources of boycott-related requests.

Entities on the list have been reported by a U.S. person to BIS via a request report form. The list is updated quarterly but is not an exhaustive list of entities that may make these requests.

The most recent update to the list includes 57 additions and the removal of 127 entities.

Requesting countries added in the most recent update include:

  • Afghanistan
  • Algeria
  • Bangladesh
  • Germany
  • India
  • Iraq
  • Japan
  • Kuwait
  • Malaysia
  • Norway
  • Oman
  • Pakistan
  • Saudi Arabia
  • Singapore
  • Switzerland
  • United Arab Emirates
  • Qatar
  • Vietnam

Exporters have a duty to remain vigilant in spotting boycott-related requests and reporting them to BIS. Diaz Trade Law can help […]

By |2024-07-02T08:57:03-04:00July 2, 2024|EAR, Export, U.S. Bureau of Industry and Security (BIS)|Comments Off on ICYMI: BIS Updates Boycott Requester List
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