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

U.S. Customs and Border Protection

  • U.S. Customs and Border Protection (CBP) announced a rule to amend regulations to streamline the vessel repair entry process by extending the timeframe from 90 days to 150 days for vessel owners, masters, or authorized agents (“vessel operators”) to provide completed vessel repair entries and to apply for relief from assessment of those vessel repair duties.

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

  • On July 28. 2022. the Department of the Treasury’s Office of Foreign Assets Control (OFAC) has published the name of one entity who has been removed from the List of Specially Designated Nationals and Blocked Persons (SDN List): JSC SB ALFA BANK.
  • OFAC is publishing two general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GL 13 and GL 13A, each of which was previously issued on OFAC’s website.
  • OFAC is publishing five general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GL 39, GL 40, GL 41, GL 42, and GL 43, each of which was previously issued on OFAC’s website.
  • OFAC is publishing two general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GL 45 and GL 46, each of which was previously issued on OFAC’s website.
  • On August 1, 2022, OFAC took action against companies used by Iran’s Persian Gulf Petrochemical Industry Commercial Co. (PGPICC), one of the nation’s largest petrochemical brokers, to facilitate the sale of tens of millions of dollars’ worth of Iranian petroleum and petrochemical products from Iran to East Asia. PGPICC is a subsidiary of Iran’s petrochemical conglomerate Persian Gulf Petrochemical Industry Co. (PGPIC), which accounts for half of all of Iran’s total petrochemical exports.
  • On August 2, 2022, OFAC imposed a new round of sanctions targeting Kremlin-connected elites, a major multinational company, and a sanctions evasion operation, as well as one yacht pursuant to Executive Order (E.O.) 14024. These elites and businesses operate in economic sectors that generate substantial revenue for the Russian regime, including from sources outside of Russia. OFAC’s designations were taken in tandem with the U.S. Department of State, which imposed additional sanctions on entities and individuals, as well as visa restrictions.
  • On August 2, 2022, OFAC announced it is issuing Russia-related General License 40A, General License 43A, General License 47, General License 48, and General License 49.  In addition, the SDN and SSI lists have recently been updated. Please visit the following page to access the latest version of the SDN list. OFAC is also publishing the three following questions to its Frequently Asked Questions (FAQs) in relation to the Russian Harmful Foreign Activities Sanctions:
  • On August 3, 2022, OFAC amended the Russia-related General Licenses (GLs) 40A, 47, 48, which were issued on August, 2, 2022. The licenses apply to the Joint Stock Company State Transportation Leasing Company. The August 2nd, GLs did not include the term “leasing” in the company’s name. The GLs are otherwise unchanged.

U.S. Department of Commerce

  • Based upon the timely withdrawal of all review requests, the Department of Commerce (DOC) is rescinding the administrative reviews covering the periods of review and the antidumping duty (AD) and countervailing duty (CVD) orders.
  • DOC preliminarily determines that certain hardwood plywood products and veneered panels (hardwood plywood) exported from the Socialist Republic of Vietnam (Vietnam), which were assembled in Vietnam using hardwood plywood inputs sourced from the People’s Republic of China (China) are products of China and are subject to the antidumping duty (AD) and countervailing duty (CVD) orders on hardwood plywood from China.
  • On June 13, 2022, DOC published the notice of initiation and preliminary results of the changed circumstances review (CCR) of the antidumping duty (AD) order on citric acid and certain citrate salts (citric acid) from Belgium.
  • DOC preliminarily determines that S.A. Citrique Belge N.V. (Citrique Belge) did not sell subject merchandise in the United States at prices below normal value during the July 1, 2020, through June 30, 2021, period of review (POR).
  • In response to a request from Zhejiang Yuhua Timber Co. Ltd. (Yuhua), A-Timber Flooring Company Limited (A-Timber), and Mullican Flooring Co. (Mullican) (collectively, Yuhua et al.), DOC is issuing these preliminary results of the changed circumstances review (CCR) of the antidumping duty (AD) order on multilayered wood flooring (MLWF) from the People’s Republic of China (China).
  • DOC published notice in the Federal Register of July 8, 2022, in which it announced the final results of the 2019-2020 administrative review of the antidumping duty (AD) order on refillable stainless steel kegs (kegs) from the People’s Republic of China (China).
  • On August 2, 2022, the DOC preliminarily determined that certain pasta from Italy was sold in the U.S. at less than normal value (NV) during the period of review:  July 1, 2020, through June 30, 2021. Further, DOC is rescinding this review for fifteen of the companies for which this review was initiated. Interested parties are invited to comment on these preliminary results.
  • On August 2, 2022, DOC released an advisory detailing that during the anniversary month of the publication of an antidumping or countervailing duty order, finding or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended, may request in accordance with 19 CFR 351.213, DOC conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. All deadlines for the submission of comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting date.
    • Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review
    • An interested party wishing to submit a Particular Market Situation Allegation and supporting new factual information pursuant to section 773(e) of the Act, must do so no later than 20 days after submission of initial Section D responses.

U.S. International Trade Commission 

  • In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010, the U.S. International Trade Commission (USITC) is publishing this notice to advise the public of the availability of the FY 2019 Service Contract Inventory and the Planned Analysis of FY 2020 Service Contracts Inventory.
  • Notice is hereby given that  USITC has determined not to review the presiding administrative law judge’s (“ALJ”) initial determination (“ID”) (Order No. 3) setting a 20-month target date and an ID (Order No. 5) granting Cadence Design Systems, Inc.’s (“Cadence”) motion to intervene.
  • Notice is hereby given that USITC has determined not to review an initial determination (“ID”) (Order No. 8) of the presiding administrative law judge (“ALJ”) granting a joint motion to terminate the investigation in its entirety based on settlement. The investigation is terminated.
  • Notice is hereby given that USITC has determined that there is a violation of Section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation. The Commission has issued a general exclusion order (“GEO”) barring entry of certain batteries and products containing same that infringe the patents asserted in this investigation.
  • Notice is hereby given that USITC has determined to issue a limited exclusion order against Kappa City Biotech, SAS of Montlucon, France (“Kappa City”).
  • The USITC hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty and countervailing duty orders on ammonium sulfate from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
  • The USITC hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order on wooden bedroom furniture from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

U.S. Court of International Trade 

  • On July 15, 2022, the U.S. Court of International Trade (the Court or CIT) issued its final judgment in Pro-Team Coil Nail Enter. v. United States, Consol. Court No. 18-00027, Slip Op. 22-84 ( Pro-Team IV), sustaining the U.S. Department of Commerce’s (DOC) remand results pertaining to the administrative review of the antidumping duty (AD) order on certain steel nails from Taiwan covering the period May 20, 2015, to June 30, 2016.

Office of Trade and Economic Analysis

  • On August 2, 2022, a federal register announced the Secretary of Commerce, through the Office of Trade and Economic Analysis (OTEA), issued an amended Export Trade Certificate of Review to California Pistachio Export Council, LLC (CPEC), application no. 03-4A008, on July 22, 2022. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions.

If you have questions about these updates, contact our Diaz Trade Law attorneys at [email protected] or call us at 305-456-3830.

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