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

USITC

  • On June 24, 2022, the U.S. International Trade Commission gave notice that it has received a complaint entitled Certain Mobile Electronic Devices, DN 3625; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure.
  • On June 28, 2022, the USITC gave notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1574 pursuant to the Tariff Act of 1930 to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of superabsorbent polymers from South Korea, provided for in subheadings 3906.90.50 and 3906.10.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less-than-fair-value.
  • On June 28, 2022, the USITC determined to review in part a final initial determination (“FID”) of the presiding Administrative Law Judge (“ALJ”). On review, the Commission affirms the FID’s finding of no violation of section 337 of the Tariff Act of 1930, as amended, in this investigation of certain smart thermostats, HVAC systems and components thereof. The investigation is terminated.
  • On June 28, 2022, the USITC gave notice of a complaint it received that, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain barcode scanners, scan engines, mobile computers with barcode scanning functionalities, products containing the same, and components thereof by reason of the infringement of certain claims of U.S.
  • On June 29, 2022, the USITC gave notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on large residential washers from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
  • On June 29, 2022, the USITC gave notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty orders on certain polyester staple fiber from South Korea and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

DOC

  • On June 24, 2022, the U.S. Department of Commerce determines that urea ammonium nitrate solutions (UAN) from the Russian Federation (Russia) are being, or are likely to be, sold in the United States at less than fair value (LTFV).
  • On June 24, 2022, the DOC received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty and/or countervailing duty orders that Commerce issued pursuant to those inquiries.
  • On June 24, 2022, the DOC determined that countervailable subsidies are being provided to producers and exporters of urea ammonium nitrate solutions from the Republic of Trinidad and Tobago. The period of investigation was January 1, 2020, through December 31, 2020.
  • On June 24, 2022, the DOC determined that countervailable subsidies are being provided to producers and exporters of urea ammonium nitrate solutions (UAN) from the Russian Federation (Russia).
  • On June 24, 2022, the DOC determined that acrylonitrile-butadiene rubber (AB rubber) from France is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation was April 1, 2020, through March 31, 2021.
  • On June 24, 2022, the DOC determined that acrylonitrile-butadiene rubber (AB rubber) from Mexico is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation was April 1, 2020, through March 31, 2021.
  • On June 24, 2022, the DOC determined that acrylonitrile-butadiene rubber (AB rubber) from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation was April 1, 2020, through March 31, 2021.
  • On June 24, 2022, the DOC determined that urea ammonium nitrate solutions (UAN) from the Republic of Trinidad and Tobago (Trinidad and Tobago) are being, or are likely to be, sold in the United States at less than fair value (LTFV).
  • On June 28, 2022, the DOC has determined that the manufacturers/exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules, from China, sold subject merchandise in the United States at less than normal value during the period of review from December 1, 2019, through November 30, 2020.
  • On June 28, 2022, the DOC conducted an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from Taiwan. The period of review was from July 1, 2020, through June 30, 2021. This review covers the following producers and exporters from Taiwan: Nan Ya Plastics Corporation (Nan Ya); and Shinkong Materials Technology Corporation (SMTC)/Shinkong Synthetic Fibers Corporation (SSFC). Commerce preliminarily determines that sales of subject merchandise have not been made below normal value (NV) by Nan Ya during the POR. In addition, we preliminarily find that SMTC/SSFC had no shipments during the POR.
  • On June 28, 2022, the DOC determined that countervailable subsidies are being provided to producers and exporters of sodium nitrite from the Russian Federation during the period of investigation January 1, 2021, through December 31, 2021.
  • On June 28, 2022, the DOC preliminarily determined that sodium nitrite from the Russian Federation is being, or is likely to be, sold in the United States at less than fair value. The period of investigation was January 1, 2021, through December 31, 2021.
  • On June 14, 2022, the United States – Mexico – Canada Agreement Binational Panel issued its Decision in the matter of Certain Gypsum Board, Sheet, or Panel originating in or exported from the United States of America. The Binational Panel affirmed the Canadian Intentional Trade Tribunal’s Final Determination.

OFAC

  • On June 28, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control designated 70 entities on the SDN List, many of which are critical to the Russian Federation’s defense industrial base, including State Corporation Rostec, the cornerstone of Russia’s defense, industrial, technology, and manufacturing sectors, as well as 29 Russian individuals. Today’s actions, taken pursuant to Executive Orders (E.O.s) 14024 and 14065, strike at the heart of Russia’s ability to develop and deploy weapons and technology used for Vladimir Putin’s brutal war of aggression against Ukraine.
  • On June 29, 2022, The U.S Department of The Treasury’s Russian Elites, Proxies, and Oligarchs (REPO) Task Force leveraged extensive multilateral coordination to block or freeze more than $30 billion worth of sanctioned Russians’ assets, freeze or seize sanctioned persons’ high-value goods, and heavily restrict sanctioned Russians’ access to the international financial system.  REPO members have achieved these successes through close and extensive national and international coordination and collaboration.

CPSC

  • On June 10, 2022, the U.S. Consumer Product Safety Commission (Commission or CPSC), in consultation with U.S. Customs and Border Protection (CBP), announced their joint intent to conduct a second test (a Beta Pilot) to assess the electronic filing of data from a certificate of compliance (certificate) for regulated consumer products under CPSC’s jurisdiction. Applications will be open until August 9, 2022. 

BIS

  • On June 29, 2022, the Bureau of Industry and Security, U.S. Department of Commerce, through its Office of Export Enforcement, requested the issuance of an Order temporarily denying, for a period of 180 days, the export privileges under the Regulations of Russian airline Nordwind Airlines. OEE’s request and related information indicates that Nordwind is headquartered in Moscow, Russia.
  • On June 29, 2022, the BIS, U.S. Department of Commerce, through its Office of Export Enforcement, requested the issuance of an Order temporarily denying, for a period of 180 days, the export privileges under the Regulations of Russian airline Pobeda Airlines. OEE’s request and related information indicates that Pobeda is headquartered in Moscow, Russia, and Aeroflot Russian Airlines JSC, a/k/a PJSC Aeroflot is Pobeda’s majority shareholder. The Russian Federal Government is the majority owner of Aeroflot, through its Federal Agency for State Property Management.

DOS

  • On June 28, 2022, the U.S. Department of State submitted an information collection request to the Office of Management and Budget for approval regarding the statement of political contributions, fees, and commissions relating to sales of defense articles and defense services.

FCC

  • On June 30, 2022, a member of the Federal Communications Commission requested that Apple and Google remove TikTok, a popular China-based app, from their app stores out of concern that the app could send sensitive U.S. user data back to Beijing. The member, Brendan Carr, stated that “TikTok’s pattern of conduct and misrepresentations regarding the unfettered access that persons have in Beijing…” is concerning.

 

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