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

United States Trade Representative 

  • On July 14, 2022, the Office of the United States Trade Representative, announced the launch of the U.S. – Kenya Statistic Trade and Investment Partnership. USTR announced that the U.S. and Kenya will develop an ambitious roadmap for enhanced cooperation with the goal of negotiating high-standard commitments in order to achieve economically meaningful outcomes in: Agriculture, Anti-Corruption, Digital Trade, Environment and Climate Change Action, Good Regulatory Practices, Micro, Small and Medium Enterprises, Promoting Workers’ Rights and Protections, Supporting Participation of Women, Youth, and Others in Trade, Standard Collaborations, and Trade Facilitation and Customs Procedures.

  • On July 20, 2022, pursuant to authority delegated by the President on July 8, 2022, the U.S. Trade Representative reached an agreement with Canada limiting the export from Canada and the import into the United States of certain crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) (CSPV products).

U.S. Customs and Border Protection 

  • US. Customs and Border Protection, launched their Green Trade Strategy, highlighting the agency’s efforts to combat climate change in the context of trade and provides a framework to incentivize green trade, strengthen CBP’s environmental enforcement posture, accelerate green innovation, and improve climate resilience and resource efficiency. With the Green Trade Strategy, CBP is looking to set an example for customs authorities around the world to develop higher, greener standards for global trade while creating an opportunity for government, industry, and the public to unify efforts in the creation of a more sustainable future.
  • On July 20, 2022, CBP announced their modification of the National Customs Automation Program (NCAP) test concerning Automated Commercial Environment (ACE) Portal Accounts to establish the ACE Vessel Agency Portal Account, and to decommission the Cartman and Lighterman Portal Accounts due to a lack of usage by the public.

Federal Maritime Commission 

  • On July 14, 2022 the Federal Maritime Commission (FMC) released an advisory enacting provisions of the Ocean Shipping Reform Act of 2022 (OSRA) by providing a simplified process for container carrier customers who want the FCC to investigate their complaints. The steps outlined include: identifying the carrier and the alleged violation, submitting documentation, confirming that the disputed charge was incurred after the June 16 enactment of OSRA, and submitting all the materials in one email, if possible. When the FCC receives sufficient information, it “will promptly initiate an investigation, which could ultimately result in a civil penalty and order for a refund of charges paid,” the advisory states.

Federal Trade Commission

  • The Federal Trade Commission (FTC) has finalized an order against Resident Home LLC and owner Ran Reske for allegedly making false, misleading, or unsupported advertising claims that their imported DreamCloud mattresses were made from 100% USA-made materials. Resident Home LLC and Reske will pay $753,000. Under the terms of the final order, in addition to paying $753,000, Resident Home LLC and Reske are prohibited from making several claims that deceive consumers and harm law-abiding businesses whose sales decreased because of this behavior.

U.S. Food and Drug Administration

  • The U.S. Food and Drug Administration (FDA) guidance updates the March 2018 guidance by removing the temporary policy of permitting the use of the entity role code “UNK” in lieu of a DUNs number.
    • Beginning July 24, 2022, the use of the entity identification code “UNK” will no longer be an option. The FSVP importer will be required to ensure that their valid, 9-digit DUNS number is provided in the Entity Number field. CBP will reject an entry line of a food subject to the FSVP regulation when the importer’s DUNS number is not provided in the Entity Number field.

U.S. Department of Commerce

  • On July 20, 2022, DOC  announced it will amend the notice of initiation of administrative reviews of antidumping duty (AD) and countervailing duty (CVD) orders with January 2021 anniversary dates to include a company that was inadvertently omitted from the AD administrative review of softwood lumber from Canada.
  • On July 20, 2022, DOC has received a covered merchandise referral from U.S. Customs and Border Protection (CBP) in connection with a CBP investigation concerning alleged evasion of the antidumping/countervailing duty (AD/CVD) orders on certain magnesia carbon bricks (bricks) from the People’s Republic of China (China).
  • On July 20, 2022, DOC announced it will conduct an administrative review of the antidumping duty order on certain steel nails (steel nails) from the Sultanate of Oman (Oman). This review covers 15 exporters and producers from Oman.

U.S. Department of the Treasury’s Office of Foreign Assets Control

  • On July 15, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) today announced a settlement with American Express National Bank (Amex), a subsidiary of American Express Company. Amex agreed to remit $430,500 to settle its potential civil liability for 214 apparent violations of OFAC’s Kingpin sanctions.

U.S. International Trade Commission 

  • On July 20, 2022, notice is hereby given the U.S. International Trade Commission (USITC) has determined to affirm the remand initial determination (“RID”) issued on December 29, 2021, finding that Complainants failed to establish the economic prong of the domestic industry requirement in the above-referenced section 337 investigation.
  • On July 20, 2022, USITC announced Section 206 of the ATPA (19 U.S.C. 3204) requires the Commission to report biennially to the Congress and the President by September 30 of each reporting year on the economic impact of the Act on U.S. industries and U.S. consumers, and on the effectiveness of the Act in promoting drug-related crop eradication and crop substitution efforts by beneficiary countries.

U.S. Department of State

  • On July 20, 2022, the U.S. Department of State (DOS), Directorate of Defense Trade Controls is publishing two open general licenses, permitting certain reexports and retransfers. This pilot program involves open general licenses that may be used by certain persons in Australia, Canada, and the United Kingdom to retransfer certain defense articles within each of the three countries and to reexport certain defense articles between and among the three countries.

If you have questions about these updates, contact our Customs and International trade law attorneys at [email protected] or call us at 305-456-3830.

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