By Jennifer Diaz|2022-12-25T23:20:15-05:00October 14, 2022|AD/CVD, EAR, HTS, Import Alert, International Trade, IRAN, People's Republic of China, Russian Harmful Foreign Activities Sanctions Regulations, SDN List, Special 301, Trade Policy, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Department of Labor (DOL), U.S. Food and Drug Administration (FDA), U.S. International Trade Commission (USITC), U.S. Office of Foreign Assets Control (OFAC), U.S. Trade Representative (USTR)|Comments Off on Customs and Trade Law Weekly Snapshot
Customs and Trade Law Weekly Snapshot
Here is a recap of the latest customs and international trade law news: 
Customs and Trade Law Weekly Snapshot
Here is a recap of the latest customs and international trade law news:
International Trade Week
Diaz Trade Law was enthusiastic to attend various events from International Trade Week which took place from May 16-20 of 2022. Here is a recap of all the events we attended!
- Scott McBride talked about transshipment and how it is evasion and how fraud is not covered by circumvention laws but rather by CBP.
- This presentation discussed 226b, 226d, and 226f.
- 226b discusses self-initiation and how a notice will be issued if the government initiates it.
- 226d allows rejection of circumvention injury and identifying problems where parties can fix the issues.
- In this case, if commerce does not identify the issue, commerce must issue determination and if it is extraordinarily complicated, it can be expanded up to a full year.
- Angel Omar explained how all products are required to meet the same standards as domestic goods/products.
- Drugs and devices must be safe and effective and require a fee application prior to importation.
- Every product must meet performance requirements and must contain a label that is presented in English.
- Food, Drugs, and Cosmetics Act has an import section that allows for refusal for import electronics and products that fail to meet the applicable standards.
- Appearance is very important and based on the standard, the FDA can refuse the entry of goods that appear to be misbranded.
- Section 708 allows the FDA to destroy products without an opportunity to export/refuse if the product is valued at $2500 or less.
- FDA’s import alerts allow […]
Customs and Trade Law Weekly Snapshot
Here is a recap of the latest customs and international trade law news:
3-Part Podcast Miniseries – Importing, Exporting, and AD/CVD
Diaz Trade Law is excited to announce that three of its attorneys participated in a three-part podcast mini-series on Customs and International Trade law. The podcast is titled “The View from Jamestown” and hosted by Ben Sawicki of The Chemical Company. This special three-part podcast mini-series featured an in-depth introduction to importing, exporting, and anti-dumping and countervailing duty investigations (AD/CVD), along with helpful insights on best practices for your business. The three podcasts are great for both beginners and advanced levels. We would love to hear your feedback once you’ve watched!
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.
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.
New AD/CVD Petition Against Imports of Certain Chinese Mobile Access Equipment
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.
PC WIRE STRAND AVAILABILITY AT RISK
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.