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New Antidumping Petition Against Imports of Certain Honey Products

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.

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By |2021-07-23T16:33:01-04:00April 22, 2021|AD/CVD, China, Import, International Trade, U.S. Department of Commerce (DOC), U.S. International Trade Commission (USITC), Vietnam|0 Comments
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Anti-Circumvention, EAPA, Dumping Duties & the Spreadability of Cases

This one-hour webinar will provide an overview of AD/CVD, U.S. Customs and Border Protection’s enforcement actions and investigative process, as well as a review of EAPA regulations and provide insights on best practices to protect your company in this contentious area of U.S. Customs and Border Protection enforcement.

Background on EAPA

The Enforce and Protect Act of 2015 (EAPA) allows U.S. Customs and Border Protection (“CBP”) to investigate whether a company has evaded anti-dumping and countervailing (AD/CVD) duties in an on-the-record investigation. EAPA enforcement has increased considerably in recent years. In fact, in Fiscal Year 2020, CBP collected $287 million in duties via EAPA enforcement – this is a 500 percent increase since the beginning of the EAPA program in FY 2017.

On April 21, 2021 at 12:00 PM, Jennifer Diaz and David Craven will present a webinar on Anti-Circumvention/EAPA/Dumping Duties & the Spreadability of Cases.

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By |2021-07-23T16:40:49-04:00April 19, 2021|AD/CVD, Best Practices, China, Enforcement, Import, International Trade, Pre-compliance, Reasonable Care, U.S. Customs and Border Protection (CBP)|0 Comments
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New AD/CVD Petition Against Imports of Certain Chinese Mobile Access Equipment

Co-Authored by Sharath Patil

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.

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By |2021-07-23T16:54:01-04:00March 25, 2021|AD/CVD, Best Practices, China Trade War, Customs Expert, Enforcement, Export, Import, International Law, International Trade, U.S. Customs and Border Protection (CBP)|0 Comments
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U.S. Ends Differential Treatment for Hong Kong

On Tuesday, August 11, 2020, United States Customs and Border Protection (CBP) announced via Federal Register Notice that all items made in Hong Kong and destined for the U.S. must now indicate “China” as the country of origin.

Hong Kong’s unique political situation as an autonomous city-state initially called for specially tailored laws and regulations governing items imported into the United States. For more than 20 years the US recognized the separation between China and Hong Kong, evidenced by the requirements to distinguish between the two. Additionally, in light of the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation; as well as the regime’s human rights and forced labor abuses, the United States is especially keen on identifying items produced in China.

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By |2020-08-19T13:47:04-04:00August 19, 2020|AD/CVD, Best Practices, China, China Trade War, Customs Expert, Import, International Business, International Law, International Trade, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|3 Comments
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PC WIRE STRAND AVAILABILITY AT RISK

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Guest article authored by David Craven, an expert on AD/CVD matters and Martindale-Hubbell A-V rated attorney, who serves Diaz Trade Law clients in an Of Counsel capacity.

Do you use, or are you planning to use PC Wire Strand?

PC Wire Strand is a critical raw material used in the production of pre-stressed concrete. The availability of such a product is now at serious risk, which would make producing pre-stressed concrete difficult and expensive. A trade action has just been filed,  seeking to impose anti-dumping and countervailing duties on imports from fifteen countries (Argentina, Columbia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine and the United Arab Emirates). This investigation is being conducted in parallel by two separate Federal Agencies; The International Trade Commission which decides whether the U.S. industry is being injured by the imports and the U.S. Department of Commerce which decides the amount of any duties.

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By |2021-04-09T13:13:37-04:00April 20, 2020|AD/CVD, Export, Import, International Law, International Trade, U.S. Customs and Border Protection (CBP)|1 Comment
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BREAKING NEWS: China Trade War Update – List 4A Reduced to 7.5% and List 4B will NOT become effective on 12/15

We have been monitoring for a news update on whether U.S. & CHINA reached a “PHASE ONE DEAL” since we last wrote about it on October 11, 2019. Two months later, the USTR published a press release confirming that the United States and China have reached an historic and enforceable agreement on a Phase One trade deal and President Trump tweeted the announcement noting that this “is an amazing deal for all”.TP Tweet

What does the “Phase One Deal” Include?

  • The deal requires structural reforms and other changes to China’s economic and trade regime in the areas of intellectual property, technology transfer, agriculture, financial services, and currency and foreign exchange.
  • The Phase One agreement also includes a commitment by China that it will make substantial additional purchases of U.S. goods and services in the coming years.
  • Importantly, the agreement establishes a strong dispute resolution system that ensures prompt and effective implementation and enforcement.
  • The United States has agreed to modify its Section 301 tariff actions in a significant way.

What is the Impact on Section 301 Tariffs?

  • Lists 1, 2, 3 will continue to be subject to 25% tariffs
    • Approximately $250 billion of Chinese imports
  • List 4A has been reduced to 7.5% from 15%
    • Approximately $120 billion of Chinese imports
    • The effective date for the reduced tariff has NOT been announced.
  • List 4B will not become effective on December 15.

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By |2020-03-26T10:38:16-04:00December 13, 2019|AD/CVD, China, China Trade War, Counterfeits, Import, International Business, International Law, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|5 Comments
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TOP 5 Strategies to Mitigate the Impact of Tariffs

download-1Many importers, exporters, and international businesses alike may be unaware that avenues exist to ensure that their products remain unabated by protectionist trade policies (think China tariffs).

This blog provides an easy reference overview of five (5) proven and legitimate options for duty-saving opportunities.

We recommend U.S. importers, exporters, and manufacturers to consider these five (5) options as they apply to all products from virtually any country subjected to a tariff, including Section 201 tariffs for solar systems, Section 232 tariffs for aluminum and steel, and the infamous Section 301 Tariffs in place for Chinese originating goods and violations of trade agreements, as well as acts, policies or practices that are unjustifiable,  unreasonable, or discriminatory and that burden or restrict U.S. commerce.

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By |2020-03-11T13:44:15-04:00August 26, 2019|AD/CVD, China, China Trade War, Customs Broker, Customs Expert, Export, Import, International Business, International Law, International Trade, Supply Chain, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|6 Comments
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Customs and International Trade Attorney Jennifer Diaz Featured on Legal News and Review Radio

Board Certified Customs and International Trade Attorney Jennifer Diaz was featured on “Legal News & Review (LNR).” She discussed “The Complexities of International Trade Law,” including current United States Trade Policy and the legal consequences for importers and exporters that do not comply with U.S. Customs and other government agency rules. Listen to the podcast here. Legal News and Review is an award-winning podcast that has been on the air for over six years. Earning the Award of Excellence from the Florida Bar, attorneys and hosts Philip Bell, Eric Yankwit, and Gary Singer guide listeners through the various disciplines of law by featuring expert attorneys from different fields.

By |2021-03-26T12:27:44-04:00August 19, 2019|AD/CVD, Best Practices, China, Customs Broker, Customs Expert, Export, Import, Import Alert, International Business, International Law, International Trade, Supply Chain, U.S. Customs and Border Protection (CBP)|1 Comment
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List 4 Split into Two HTS Lists

USTRAs published by the USTR TODAY: USTR Announces Next Steps on Proposed 10 Percent Tariff on Imports from China

The United States Trade Representative (USTR) today announced the next steps in the process of imposing an additional tariff of 10 percent on approximately $300 billion of Chinese imports.

On May 17, 2019, USTR published a list of products imported from China that would be potentially subject to an additional 10 percent tariff.  This new tariff will go into effect on September 1 as announced by President Trump on August 1.

Certain products are being removed from the tariff list based on health, safety, national security and other factors and will not face additional tariffs of 10 percent.

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By |2019-10-31T11:54:28-04:00August 13, 2019|AD/CVD, China, China Trade War, International Trade|1 Comment
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China Imposes Retaliatory Tariffs and US intends to Strike Back – Tell the USTR Why Your Product Should Not Be on the New List!

Pic 1As the trade war between United States and China drags into its second year, a resolution does not appear to be in the near future. In fact, following the most recent wave of escalations, the US stock market plummeted over 600 points leading into Monday, May 13.

While the trade war continues, neither side seems ready to reconcile. In early May, the two parties came close to a consensus. According to President Trump, China backed out of the deal, re-igniting tensions. In response to China reneging on the tentative agreement, President Trump called for an additional 25% tariff increase on Chinese Products on List 3.

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By |2019-10-21T08:15:05-04:00May 14, 2019|AD/CVD, Best Practices, China, China Trade War, International Law, International Trade, U.S. Customs and Border Protection (CBP)|1 Comment
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