China Archives | Customs & International Trade Law Blog

New AD/CVD Case Filed Against Choline Salts from China

A new antidumping and countervailing duty action has been filed against Choline Salts from China. The allegation is that imports from China are being dumped and unfairly subsidized.

Full list of importers here.
Full list of exporters 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 initiated when a domestic industry alleges that it has been injured by competing imports 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

The merchandise covered by these investigations is choline salts, in all forms and purities.

The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 2923.10.0000, 2106.90.9998, 2309.90.1005, 2309.90.1015, 2309.90.1020, 2309.90.1030, 2309.90.1032, 2309.90.1035, 2309.90.1045, 2309.90.1050, 2309.90.9500, and 3824.99.9397.

Full scope here.

Next Steps

The Commerce Department will determine whether to initiate the […]

By Jennifer Diaz|2026-06-26T12:37:23-04:00June 26, 2026|AD/CVD, China, Import, U.S. Department of Commerce (DOC), U.S. International Trade Commission (USITC)|Comments Off

New AD/CVD Case Filed Against L-lysine from the People’s Republic of China

A new antidumping and countervailing duty action has been filed against “L-lysine” imported from China. The L-lysine covered by this petition is animal feed grade L-lysine. The allegation is that imports from China are both unfairly subsidized and are being dumped (sold below cost).

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

The merchandise covered by these investigations is animal feed grade L-lysine. Lysine is an essential amino acid added to animal feed that is used in biosynthesis of proteins.

The products subject to the investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under statistical reporting number 2922.41.0090.

Full scope here.

U.S. Imports of Subject […]

By Jennifer Diaz|2025-06-02T15:40:09-04:00June 2, 2025|AD/CVD, China, Countries, U.S. Department of Commerce (DOC)|Comments Off

Breaking Trade News: U.S. and China Jointly Agree to Halt the Current Trade War

On May 12, 2025, the White House and the State Council of China jointly published statements putting a pause on the ever-escalating trade war. This bilateral trade negotiation took place in Geneva during the weekend between May 10-11.

According to the joint statement, China will lower the tariff on American imports to 10% for 90 days beginning May 14, 2025. The U.S. will simultaneously lower the China specific 125% Reciprocal Tariff to 10% for 90 days beginning May 14, 2025. Currently, the U.S. has imposed a 10% IEEPA Reciprocal Tariff on all imports, except USMCA qualified goods. The Geneva negotiation essentially put China, U.S.’s third largest trading partner, in line with all other countries. However, other duties will continue to apply to Chinese imports, including Section 301 Tariff, Section 232 Tariff, and the IEEPA Fentanyl Tariff. Nonetheless, this weekend negotiation drastically lower tariff on Chinese import by 115%, a significant move since President Trump’s Liberation Day.

DoJ Declines Prosecution of Company That Self-Disclosed Export Control Offenses

The Justice Department announced that it will not be prosecuting Universities Space Research Association (USRA) for violations of U.S. export control laws, citing prompt self-disclosure and cooperation.

EAR Violation

In 2016, USRA was granted a contract with NASA to license and distribute

aeronautics-related and U.S. Army-owned flight control software. Jonathan Soong was employed by USRA and was responsible for performing due diligence on prospective purchasers. Soong willfully exported software subject to the Export Administration Regulations (EAR) to Beijing University, knowing that an export control license was required for the export because it was on the Entity List.

Soong used an intermediary to avoid detection, and embezzled tens of thousands of dollars in software license sales. He ultimately plead guilty to willfully violating the EAR. He was sentenced to 20 months in prison.

Company Disclosure & Remediation

Within days of learning of Soong’s actions, USRA self-disclosed the violation to the Department’s National Security Division (NSD). The company fully cooperated with the ensuing criminal investigation, which eventually established that Soong had acted alone.

USRA’s cooperation included proactively collecting and disclosing evidence and providing detailed and timely responses to the government’s requests for information. USRA remediated the root cause of the misconduct by disciplining an employee who failed to appropriately supervise Soong, and by improving its internal controls and compliance program.

USRA also compensated the government both for the funds Soong embezzled, and for the time Soong had spent embezzling funds instead of performing his duties under the contract with NASA.

The DoJ cited the timely disclosure, cooperation, and remediation […]

By Jennifer Diaz|2025-05-07T16:07:04-04:00May 7, 2025|EAR, Export|Comments Off

Trump Administration Announces Reciprocal Tariffs

On the first day of the Trump Administration, the President issued the America First Trade Policy. Among other priorities, the policy outlined the intention of the Administration to review trade agreements to ensure reciprocal and mutually advantageous free trade agreements with partner countries.

On February 13, 2025, President Trump issued a memorandum titled “Reciprocal Trade and Tariffs” instructing several agencies to investigate the harm to the United States from any non-reciprocal trade arrangements.

On April 2, 2025, President Trump signed an Executive Order and issued a Fact Sheet declaring a national emergency arising from conditions reflected in large and persistent annual U.S. goods trade deficits. As a result, a universal 10% tariff will be imposed on all imports from ALL countries, effective 12:01 a.m. EDT on April 5, 2025.

Additional country-specific tariffs will also apply. Goods from countries listed in Annex I of the Executive Order will face higher, country-specific ad valorem rates, as detailed in annex I. (See the table below for the full list.)

The country-specific tariffs will take effect on April 9, 2025 at 12:01 a.m. EDT and will remain in effect until the President determines that the economic harms identified in the order have been addressed or mitigated.

Countries and Territories	Reciprocal Tariff, Adjusted
Algeria	30%
Angola	32%
Bangladesh	37%
Bosnia and Herzegovina	36%
Botswana	38%
Brunei	24%
Cambodia	49%
Cameroon	12%
Chad	13%
China	34%
Côte d`Ivoire	21%
Democratic Republic of the Congo	11%
Equatorial Guinea	13%
European Union	20%
Falkland Islands	42%
Fiji	32%
Guyana	38%

By Jennifer Diaz|2025-04-03T05:48:07-04:00April 3, 2025|Tariffs|Comments Off

The Latest on Tariffs: Key Information for Importers

In the last several weeks, the Trump Administration has issued dozens of executive orders impacting the trade community. The Orders impact tariffs, de minimis shipments, steel and aluminum imports, and potentially trade agreements with other countries.

New Tariffs on Mexico, Canada, and China

On February 1, 2025, President Trump first issued a fact sheet and thereafter signed three executive orders imposing new tariffs on imports from Canada, Mexico, and China:

25% tariff on imports from Canada
25% tariff on imports from Mexico
10% tariff on imports from China

The tariffs on imports from China went into effect February 4, 2025. The tariffs on imports from Canada and Mexico were initially set to take effect February 4, 2025, but were delayed by one month following commitments made by both countries to secure the border and stop the flow of drugs into the United States.

In a Truth Social post on February 27, President Trump confirmed that the tariffs on Canadian and Mexican goods will go into effect on March 4. He also announced that China will face an additional 10% tariff starting March 4.

On March 3, 2025, President Trump issued an Executive Order increasing tariffs on imports from China from 10% to 20%. The same day at a White House event, President Trump confirmed that the tariffs on Canada and Mexico will go into effect on March 4, 2025 as planned.

Energy resources from Canada will have a lower 10% tariff. The orders ended duty-free de minimis treatment under 19 U.S.C. 1321 for products from China subject to […]

By Jennifer Diaz|2025-03-07T18:16:31-05:00March 4, 2025|Canada, China, Countries, Mexico, Tariffs|Comments Off

ICYMI: Trump Administration Imposes 25% Steel and Aluminum Tariff

On February 11, 2025, President Trump issued two Proclamations imposing enhanced import duties on steel and aluminum products under Section 232 of the Trade Expansion Act of 1962. The orders eliminate certain exemptions from the duties, expand their scope to cover additional products, and raise the duties on covered aluminum goods from 10% to 25%.

On February 18, 2025, two Federal Register Notices were published that included lists of “derivative” products subject to the 25% tariffs on steel and aluminum under Section 232. The Federal Register Notices, which include the specific HTS subheadings for the derivative products in Annex 1 are available here (steel) and here (aluminum).

As of March 12, 2025, additional Section 232 tariffs of 25% will apply to covered aluminum and steel products from all countries. This means that countries that previously had certain exemptions from the 232 tariffs such as Argentina, Australia, Brazil, Canada, the EU, Japan, Mexico, South Korea, and the United Kingdom will also be subject to the 25% tariffs. Imports of derivative aluminum articles that contain “any amount of primary aluminum used in the manufacture of the derivative aluminum articles is smelted in Russia, or the derivative aluminum articles are cast in Russia,” are subject to a duty of 200%.

In addition, the additional 25% tariffs will apply to the lists of aluminum and steel derivatives identified in the annexes to the Federal Register Notices once the U.S. Department of Commerce certifies that “adequate systems are in place to fully, efficiently, and expediently process and collect tariff […]

By Jennifer Diaz|2025-02-19T16:48:46-05:00February 12, 2025|Canada, China, Countries, Import, Mexico, news|Comments Off

New Tariffs on Mexico, Canada, and China: Key Updates for Importers

Over the weekend, President Trump first issued a fact sheet and thereafter signed three executive orders imposing new tariffs on imports from Canada, Mexico, and China:

25% tariff on imports from Canada will take effect at least 30 days from Feb. 4, 2025.
25% tariff on imports from Mexico are now scheduled to take effect on March 4, 2025.
10% tariff on imports from China will take effect on February 4, 2025.

In a Truth Social post on February 27, President Trump confirmed that the tariffs on Canadian and Mexican goods will go into effect on March 4. He also announced that China will face an additional 10% tariff starting March 4.

Energy resources from Canada will have a lower 10% tariff. The orders ended duty-free de minimis treatment under 19 U.S.C. 1321 for products from China subject to these additional tariffs. However, President Trump signed a subsequent executive order pausing the suspension of de minimis treatment.

Tariffs will be on top of any other in place (301, 232, ADD, etc.) The Federal Register Notice for Canada can be found here and the Federal Register Notice for China can be found here. […]

By Jennifer Diaz|2025-02-28T08:30:28-05:00February 3, 2025|Canada, China, Countries, Import, Mexico, news|Comments Off

Trade News: New AD/CVD Case Filed on Active Anode Material from China

A new case was filed on Active Anode Material from China by the American Active Anode Material Producers.

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

The product is generally described as: active anode material is most commonly used as the primary component in the anode of lithium-ion batteries. The anode of a lithium-ion battery must be made with active anode material, often combined with silicon. In contrast, the cathode of lithium-ion batteries can be made from a variety of metal oxides, including lithium cobalt oxide, lithium manganese oxide, lithium iron phosphate, or lithium nickel manganese cobalt oxide.

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 […]

By Jennifer Diaz|2024-12-20T14:48:21-05:00December 18, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|Comments Off

Trade News: New AD/CVD Case Filed on Erythritol from China

A new anti-dumping and countervailing case was filed on Erythritol from China by Cargill, the sole U.S. producer of Erythritol.

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

The product is generally described as: Erythritol, which is a sugar alcohol, commonly referred to as a polyol, typically produced by the fermentation of glucose using

enzymes and yeast or yeast-like fungi (though the scope includes erythritol produced using

any other feedstock or organism). Erythritol typically appears as a white crystalline, odorless product that rapidly dissolves in water. While erythritol is typically produced in the crystalline form or as a fine powder or in directly compressible form, the scope of these investigations covers all physical forms and grades of erythritol.

Full scope here.

Next Steps

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

By Jennifer Diaz|2024-12-20T14:42:23-05:00December 13, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|Comments Off