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

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

  • The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing nine general licenses (GLs) issued in the Ukraine-/Russia-related Sanctions program: GL 17, Authorizing the Wind Down of Transactions Involving the So-Called Donetsk People’s Republic or Luhansk People’s Republic Regions of Ukraine, and GLs 18, 19, 20, 21, 22, 23, 24, and 25 which are for related issues.
  • OFAC is publishing three web general licenses (GLs) issued in the Syria Sanctions Regulations, Iran Transactions and Sanctions Regulations and Global Terrorism Sanctions Regulations, and Venezuela Sanctions. These licenses authorizing certain activities to respond to the Coronavirus Disease 2019 (COVID-19) Pandemic.
  • On August 8, 2022, under the cyber-related designation, OFAC made an update to the specially designated nationals list and added the “Tornado Cash” entity to the OFAC’s SDN List.

U.S. Court of Appeals for the Federal Circuit

  • On August 11, the Court of Appeals for the Federal Circuit released a ruling which determined the Court of International (CIT) was wrong to consider China’s non-market economy (NME) status when analyzing whether to grant first sale treatment. The decision overturns and remands a 2021 CIT ruling that said that first sale treatment should not apply for cookware imported by Meyer from Thailand and China through Chinese middleman because China is a NME.

U.S. International Trade Commission

  • The United States International Trade Commission (USITC) determined that an industry in the United States is not materially injured or threatened with material injury by reason of imports of acrylonitrile-butadiene rubber from France, Mexico, and South Korea, provided for in subheading 4002.59.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (DOC) to be sold in the United States at less than fair value.
  • USITC received a complaint entitled Certain Robotic Pool Cleaners, Products Containing the Same, and Components Thereof, DN 3631; 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.
  • USITC has received a complaint entitled Certain Solar Power Optimizers, Inverters, and Components Thereof, DN 3630; 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.
  • USITC has found a violation of section 337 of the Tariff Act of 1930, as amended, in this investigation and has issued a general exclusion order (“GEO”) prohibiting the importation of certain infringing toner supply containers and components thereof, as well as cease and desist orders (“CDOs”) against certain defaulting respondents. The investigation is terminated.
  • USITC has determined to institute a formal enforcement proceeding relating to the limited exclusion order (“LEO”) and cease and desist order (“CDO”) (collectively, “the remedial orders”) issued against The Chamberlain Group, LLC (formerly, The Chamberlain Group, Inc.) (“Chamberlain”) on February 9, 2022, and modified on March 30, 2022.

Federal Trade Commission

  • The Federal Trade Commission (FTC) has received reports of people receiving letters in the mail from a law firm, with a false claim of a multi-million-dollar inheritance. The letter’s contents include: splitting the inheritance between you, their law firm, and some charities. The writers of the letter require that the recipient keep this information secret and reach out to them by email — immediately. Here are recommendations provided by the FTC on what to do:
    • Don’t respond. Keep your money — and your information — to yourself. Never send money or information to a stranger who promises big rewards. That’s always a scam.
    • Pass this information on to a friend. You probably throw away these kinds of letters. But you probably know someone who could use a friendly reminder.
    • Report it to the FTC at ReportFraud.ftc.gov.

U.S. Department of Commerce

  • On August 4, the U.S. Department of Commerce (DOC) announced it preliminarily determines that certain steel nails from the Republic of Turkey are being, or are likely to be, sold in the United States at less than fair value (LTFV).
  • On August 4, DOC announced it preliminarily determines that certain steel nails from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV).
  • On August 4, DOC announced it preliminarily determines that certain steel nails from Sri Lanka are not being, or are not likely to be, sold in the United States at less than fair value (LTFV).
  • On August 4, DOC announced it preliminarily determines that certain steel nails from India are being, or are likely to be, sold in the United States at less than fair value (LTFV).
  • On August 4, DOC announced it preliminarily determines that certain lemon from the Republic of South Africa (South Africa) is being, or is likely to be, sold in the United States at less than fair value.
  • On August 4, DOC announced it preliminarily determines that certain lemon juice from Brazil is being, or is likely to be, sold in the United States at less than fair value (LTFV).
  • As a result of the determinations by the DOC and the U.S. International Trade Commission (USITC) that revocation of the antidumping duty (AD) orders on stainless steel plate in coils (SSPC) from Belgium, South Africa, and Taiwan, and the countervailing duty (CVD) order on SSPC from South Africa would likely lead to a continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States, DOC is publishing a notice of continuation of the AD orders and the CVD order.
  • DOC preliminarily determines that Metalco S.A. (Metalco), the sole company subject to this administrative review of the antidumping duty (AD) order on corrosion-resistant steel products (CORE) from the People’s Republic of China, is part of the China-wide entity because it did not file a separate rate application (SRA).
  • DOC is initiating country-wide circumvention inquiries to determine whether imports are circumventing the respective antidumping duty (AD) and countervailing duty (CVD) regulations: CWP China, CWP Korea, pipe and tube India, pipe and tube Taiwan, CWP Taiwan, LWRPT China, LWRPT Korea, and LWR tubing Taiwan.
  • On August 4, DOC preliminarily determines that Daejin Steel Company (Daejin) and Korea Wire Co., Ltd. (KOWIRE), the producers and/or exporters subject to this administrative review, made sales of certain steel nails from the Republic of Korea at less than normal value (NV) during the period of review (POR) July 1, 2020, through June 30, 2021.
  • DOC preliminarily determines that certain corrosion-resistant steel products (CORE) from the Republic of Korea were sold in the United States at less than normal value (NV) during the period of review of July 1, 2020, through June 30, 2021.
  • DOC preliminarily determines that the exporters subject to this antidumping duty (AD) administrative review did not make sales of subject merchandise at less than normal value, and that one company (Shanghai Smart Chemicals Co., Ltd. (Shanghai Smart)) had no shipments of subject merchandise during the period of review  July 1, 2020, through June 30, 2021.
  • DOC preliminarily determines that producers or exporters of steel concrete reinforcing bar from the Republic of Turkey subject to this review made sales of subject merchandise at less than normal value during the period of review July 1, 2020, through June 30, 2021.
  • DOC is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET film) from India.
  • DOC preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review July 1, 2020, through June 30, 2021. Interested parties are invited to comment on these preliminary results.
  • DOC preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain corrosion-resistant steel products (CORE) from the Republic of Korea.  
  • DOC preliminarily determines that producers/exporters subject to this review made sales of subject merchandise at less than normal value during the period of review July 1, 2020, through June 30, 2021.
  • DOC preliminarily determines that countervailable subsidies were provided to producers and exporters of certain collated steel staples from the People’s Republic of China during the period of review from November 12, 2019, through December 31, 2020.
  • The Bureau of Industry and Security (BIS) and the U.S. Department of Commerce (DOC), through its Office of Export Enforcement (OEE), has requested the issuance of an Order temporarily denying, for a period of 180 days, the export privileges under the Regulations of Venezuela-based cargo airline Empresa de Transporte Aéreocargo del Sur, S.A., a/k/a Aerocargo del Sur Transportation Company, a/k/a EMTRASUR (“EMTRASUR”).

U.S. Department of Homeland Security

  • The U.S. Department of Homeland Security (DHS), as the Chair of the Forced Labor Enforcement Task Force (FLETF), announces the publication and availability of the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, a consolidated register of the four lists required to be developed and maintained pursuant to Section 2(d)(2)(B) of the UFLPA, on the DHS UFLPA website.

U.S. Customs and Border Protection 

  • U.S. Customs and Border Protection (CBP) officers in Cincinnati seized three shipments of jewelry and watches deemed counterfeit by CBP’s Centers of Excellence and Expertise. Officers intercepted counterfeit jewelry and watches that, if real, would have been worth over $6.88 million.
    • The first shipment originated from Hong Kong, and was destined to a private residence in Richmond, Virginia. Although it had a declared value of $319, the package held 275 assorted Cartier Love bracelets. Had the 275 bracelets been genuine, the Manufacturer’s Suggested Retail Price (MSRP) would have been $3.27 million
    •  The second shipment also arriving from in Hong Kong. Officers found 385 yellow gold Cartier bracelets and 115 white gold Cartier bracelets. These 500 counterfeit bracelets would have had a total MSRP of $3.2 million, had they been real.
    •  CBP officers seized a third shipment from Hong Kong containing 13 fake Rolex watches- 10 Cosmograph Daytona and three Yacht Master II. These counterfeit watches were heading to a business in Mesquite, Texas. Had these been genuine, the MSRP for these watches would have been over $405,000
    • On August 9, 2022 CBP announced Harmonized System Update (HSU) 2222 was created and contains 181 ABI records and 24 Harmonized Tariff Records. HSU 2222 contains changes from the July 22, 2022, temporary rates of duty on imports of certain infant formula.

U.S. Transportation Security Administration 

  • The Transportation Security Administration (TSA) enhanced the renewal process for the Transportation Worker Identification Credential (TWIC®) to help support critical transportation workers. Starting August 11, 2022, TSA enabled the ability for current TWIC holders to renew their credentials online, which eliminates the need to go to an enrollment center and makes the five-year renewal process more convenient.

Office of the U.S Trade Representative 

  • On July 14, 2022, the U.S. Trade Representative (USTR) announced the launching of the United States-Kenya Strategic Trade and Investment Partnership (STIP). Under this initiative the two governments will pursue enhanced engagement leading to high standard commitments in a wide range of areas with a view to increasing investment; promoting sustainable and inclusive economic growth; benefiting workers, consumers, and businesses (including micro-, small-, and medium-sized enterprises (MSMEs)); and supporting African regional economic integration.

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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