Department of Commerce 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 Certain Fatty Acids From Indonesia and Malaysia

A new antidumping and countervailing duty action has been filed against certain fatty acids from Indonesia and Malaysia. The allegation is that imports from Indonesia and Malaysia are unfairly subsidized and are being dumped.

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 certain fatty acids, which are organic acids made of a hydrocarbon chain with a carboxylic acid group attached to an R-group, with an iodine value below 105g/100g and with a ratio of free fatty acids to triglycerides of at least 97%.

The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 2915.70.01.20, 2915.70.01.50, 2915.90.10.50, 2916.15.10.00, 2916.15.51.00, 3823.11.00.00, 3823.12.00.00, 3823.19.20.00, 3823.19.40.00, 2915.70.01.10, and 2915.90.10.10.

Full scope here.

Next Steps

The Commerce Department will determine […]

By Jennifer Diaz|2026-02-04T06:53:15-05:00February 4, 2026|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off

Potential Government Shutdown on the Horizon and No Contingency Plans in Sight

Government funding will lapse at midnight on Tuesday, September 30, absent Congressional action. With a number of contentious issues still at play, including spending limits, immigration policy, and healthcare funding, some say a shutdown is looking more and more likely.

What makes this potential shutdown different from previous lapses in funding is the lack of contingency plans within the relevant agencies. The White House’s Agency Contingency Plan page is blank.

Until agencies update their guidance, we can only look to previous contingency plans.

Below is a breakdown of previously issued agency guidance.

U.S. Customs and Border Protection

According to the Department of Homeland Security’s most recent contingency plan (March 2025), cargo inspection functions at ports of entry will remain active during a shutdown. However, certain activities, such as training and auditing, are not required to be carried out during this time. In addition, back-office support positions are not likely to be deemed essential and will be furloughed. Refunds, audits, ruling requests, etc., would be delayed until the shutdown ends.

There remains uncertainty around which specific offices will be deemed essential. For example, Forced Labor Communications may be furloughed, resulting in delays in reviewing the Enforce and Protect Act (EAPA) and Uyghur Forced Labor Prevention Act (UFLPA) allegations.

U.S. Department of Commerce

According to the Department of Commerce’s most recent contingency plan (September 2023), some International Trade Administration (ITA) activities, […]

By Jennifer Diaz|2025-09-26T09:30:46-04:00September 26, 2025|Enforcement, U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC), U.S. Department of Homeland Security (DHS), U.S. Department of State (DOS), U.S. Food and Drug Administration (FDA)|Comments Off

BIS Initiates 232 Investigations of Pharmaceuticals and Semiconductors

The U.S. Department of Commerce Bureau of Industry and Security (BIS) announced the initiation of investigations into the effects on U.S. national security of imports of pharmaceuticals and pharmaceutical ingredients and imports of semiconductors and semiconductor manufacturing equipment.

The basis of the investigations is Section 232 of the Trade Expansion Act of 1962. Under Section 232, the president can restrict imports of products that are found to threaten to impair national security.

On April 16, BIS published two federal register notices (pharmaceuticals, semiconductors) seeking public comment. Comments are due May 7, 2025.

Pharmaceuticals and Pharmaceutical Ingredients

The scope of the pharmaceutical investigation covers pharmaceuticals and pharmaceutical ingredients, including:

Finished drug products
Medical countermeasures
Critical inputs such as active pharmaceutical ingredients
Key starting materials, and derivative products of those items

Among other information, BIS is particularly interested in comments that address:

Demand for pharmaceuticals and pharmaceutical ingredients in the United States
The extent to which domestic production of pharmaceuticals and pharmaceutical ingredients can meet domestic demand
The role of foreign supply chains, particularly of major exporters, in meeting United States demand for pharmaceuticals and pharmaceutical ingredients
The impact of foreign government subsidies and predatory trade practices on United States pharmaceuticals industry competitiveness
Whether additional measures, including tariffs or quotas, are necessary to protect national security

Interested parties may submit a comment in this proceeding on or before May 7, 2025 at Regulations.gov using ID BIS-2025-0022.

Semiconductors and Semiconductor Manufacturing Equipment

The scope of the semiconductor investigation covers semiconductors, semiconductor manufacturing equipment, and their derivative products, […]

By Jennifer Diaz|2025-04-17T16:37:36-04:00April 17, 2025|Tariffs, U.S. Department of Commerce (DOC)|Comments Off

Census Proposes Changes to Foreign Trade Regulations Filing Requirements

The Bureau of the Census published a Notice of Proposed Rulemaking making several clarifications to its Foreign Trade Regulations.

Background – The Census Bureau’s Role in Trade Enforcement

The U.S. Census Bureau’s mission is to serve as the nation’s leading provider of quality data about its people and economy. As part of this mission, the Bureau is responsible for collecting, compiling, and publishing import and export trade statistics for the United States.

To facilitate the collection of these statistics, the Bureau has promulgated Foreign Trade Regulations (FTR) which require certain exporters to file export information with the Bureau. The regulations detail requirements for filing export information, explain filing procedures, and establish penalties for noncompliance. The regulations require export information to be filed on the Automated Export System (AES). The information submitted by exporters to AES is known as Electronic Export Information (EEI).

EEI filings are required for a wide variety of circumstances, including:

Exports that require an export license under the Export Administration Regulations (EAR)
Exports containing personal or household goods valued over $2,500 to a foreign destination, other than Canada
Exports on the EAR’s Commerce Control List (CCL) and destined for China, Russia, or Venezuela
Exports subject to the International Traffic in Arms Regulations (ITAR)
Exports containing rough diamonds

Proposed Clarifications

In recent years, the Census Bureau has experienced an increase in the number of inquiries regarding export transactions where a customs broker facilitates the entry of goods into the U.S. and the goods are then stored in a facility or admitted […]

By Jennifer Diaz|2024-11-01T13:08:58-04:00November 1, 2024|U.S. Department of Commerce (DOC)|Comments Off

BIS Issues New Guidelines for Preparing Export License Applications Involving Foreign Persons (Deemed Exports/Reexports)

The Bureau of Industry and Security (BIS) issued new guidelines to assist deemed export applicants in obtaining licenses. The guidelines primarily apply to employment situations; however, they also address other situations such as the release of controlled technology to foreign students participating in research.

The guidelines cover basic requirements for applying and renewal and include an application checklist.

Background on Licenses for Deemed Exports/Reexports

The obligation to obtain an export license from BIS before releasing controlled technology to a foreign person is informally referred to as a “deemed” export. The release is considered an export to the person’s country or countries of nationality.

The Export Administration Regulations (EAR), Section 734.13, defines a deemed export as releasing or otherwise transferring “technology” or “source code” to a foreign person in the United States.

Typical organizations using deemed export licenses include universities, research institutions, bio-chemical firms, medical organizations, and computer companies.

New Guidance

The basic guidance for filling out license applications is set forth in Supplement 1 to part 748 of the EAR. The new guidelines supplement the basic guidance and are intended to assist licensing officers in reviewing license applications more efficiently.

Basic Requirements

The guidelines reiterate that applicants must include all the necessary information and documentation required when submitting a license application. BIS will return applications with insufficient information.

Basic documentation required:

By Jennifer Diaz|2024-09-13T11:58:26-04:00September 13, 2024|Export, U.S. Bureau of Industry and Security (BIS)|Comments Off

Trade News: New AD/CVD Petition Filed Against Certain Corrosion Resistant Steel Products from Australia, Brazil, Canada, Mexico, Netherlands, South Africa, Taiwan, Turkey, the United Arab Emirates, and Vietnam

A group of steel companies and stakeholders filed a petition for the imposition of antidumping and countervailing (AD/CVD) duties on the imports of certain corrosion resistant steel products (“CORE”) from Australia, Brazil, Canada, Mexico, Netherlands, South Africa, Taiwan, Turkey, the United Arab Emirates, and Vietnam.

Petitioners include: Steel Dynamics, Inc.; Nucor Corporation; United States Steel Corporation; Wheeling-Nippon Steel, Inc.; and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.

Petitioners allege that these unfairly traded imports have materially injured the U.S. domestic industry and threaten to cause further material injury if remedial action is not taken

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 corrosion resistant steel products. The products covered include certain flat-rolled steel products, either clad, […]

By Jennifer Diaz|2024-09-06T11:31:03-04:00September 6, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off

ICYMI: Court of International Trade Tells Commerce to Verify Exporter’s Nonuse of China’s EBCP

The Court of International Trade (CIT) ruled in a recent opinion that it is unreasonable for the Commerce Department not to attempt verification of an exporter’s certificates proclaiming nonuse of China’s Export Buyer’s Credit Program (EBCP) when the exporter did not submit certificates for all its customers.

The ruling stems from an administrative review of a 2012 countervailing duty order on solar cells from China. In February 2022, Commerce initiated its Ninth Administrative Review of the order. In March 2022, the International Trade Administration (ITA) selected Risen Energy Co, a developer, manufacturer, and distributor of solar photovoltaic application products, as a mandatory respondent.

Risen reported that none of its customers used the EBCP during the period of review, and submitted non-use certificates for all but one of its U.S. customers. However, in the final results, Commerce included the Government of China’s EBCP in its calculation of Risen’s countervailing duty rate. Commerce stated that the Government of China did not provide all of the information initially requested, namely the one missing non-certificate. Therefore, Commerce concluded that Risen had failed to provide sufficient record evidence to determine non-use. Risen appealed the decision to the CIT arguing that the decision was not based on substantial evidence.

Judge Jane Restani heard the case and remanded the review of the countervailing duty order so that Commerce can attempt to verify Risen’s non-use certificates. Judge Restani stated that the conclusion that Risen failed to provide sufficient evidence based on their inability to account for a […]

By Jennifer Diaz|2024-08-26T11:49:35-04:00August 26, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|Comments Off

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 Jennifer Diaz|2024-06-20T21:27:30-04:00June 20, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off

ICYMI: Commerce, Treasury, and Justice Issue Compliance Note on Obligations of Foreign-Based Persons to Comply with U.S. Export Laws

On March 6, 2024, the Department of Commerce, Department of the Treasury, and Department of Justice issued a tri-seal compliance note titled: “Obligations of foreign-based persons to comply with U.S. sanctions and export control laws.”

The note:

Highlights the applicability of U.S. sanctions and export control laws to persons and entities located abroad;
Outlines the enforcement mechanisms that are available for the U.S. government to hold non-U.S. persons accountable for violations of such laws; and
Provides an overview of compliance considerations for non-U.S. companies and compliance measures to help mitigate their risk

Applicability of U.S. Sanctions and Export Control Laws to Foreign-Based Persons

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions, primarily against foreign jurisdictions but also against individuals and entities such as traffickers and terrorists.

The following persons/entities must comply with OFAC regulations:

U.S. citizens and permanent resident aliens
All persons within the United States
All U.S.-incorporated entities and their foreign branches

In certain sanctions programs, foreign entities owned or controlled by U.S. persons also must comply with applicable restrictions – such as engaging in a transaction with the government of Iran. Certain sanctions programs also require foreign persons in possession of U.S.-origin goods to comply.

Non-U.S. persons are also subject to certain OFAC prohibitions. For example, non-U.S. persons are prohibited from causing or conspiring to cause U.S. persons to wittingly or unwittingly violate U.S. sanctions, as well as engaging in conduct that evades U.S. sanctions.