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

 

 

 

 

United States Department of Commerce (DOC)

  • The U.S. Department of Commerce (DOC) determines that certain lemon juice from Brazil is being, or is likely to be, sold in the United States at less than fair value. DOC conducted verification of the information relied upon in making its final determination in this investigation with respect to Louis Dreyfus Company Sucos S.A. (LDC) and Citrus Juice Eireli (Citrus Juice)
    • DOC determines that certain lemon juice from the Republic of South Africa is being, or is likely to be, sold in the United States at less than fair value (LTFV).
  •  DOC 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).
    • DOC 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).
    • DOC 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).
  • DOC initiated a changed circumstances review of the antidumping duty order on polyethylene terephthalate sheet from the Sultanate of Oman. DOC preliminarily determines that revocation of the order is warranted. Interested parties are invited to comment on these preliminary results.
  • DOC preliminarily finds that circular welded carbon-quality steel pipe from the Sultanate of Oman was sold in the United States at less than normal value (NV) during the period of review, December 1, 2019, through November 30, 2020, and the POR, December 1, 2020, through November 30, 2021. Interested parties are invited to comment on these preliminary results.
  • As a result of this expedited sunset review, DOC finds that revocation of the antidumping duty (AD) order on paper clips from the People’s Republic of China would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Sunset Review” section of this notice.
  • DOC received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce’s regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of November 2022.

United States International Trade Commission (USITC)

  • The United States International Trade Commission (USITC) provided a notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on gray portland cement and cement clinker from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
  • USITC provided a notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty order on stainless steel sheet and strip (SSSS) from South Korea, and the antidumping duty orders on SSSS from Japan, South Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.
  • USITC provided a notice that it will proceed with a full review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on steel nails from the United Arab Emirates would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date.
  • USITC provided a notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty orders on emulsion styrene- butadiene rubber (ESBR) from Brazil, Mexico, Poland, and South Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.
  • USITC provided a notice that it will proceed with a full review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on steel nails from the United Arab Emirates would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date.

Office of the United States Trade Representative (USTR)

  • The Office of the United States Trade Representative (USTR) announced the United States Senate confirmed Doug McKalip to serve as Chief Agricultural Negotiator in the Office of the United States Trade Representative.  This vote comes after the Senate Finance Committee unanimously approved of McKalip’s nomination by a vote of 27-0.
    • Elected officials, producers, and stakeholders applauded the Senate vote and expressed their enthusiasm for McKalip as he takes on this new role.

U.S. Customs and Border Protection (CBP)

  • U.S. Customs and Border Protection (CBP) provided a memorandum to provide guidance on extending 352 previously reinstated Section 301 product exclusions for an additional nine months which are currently scheduled to expire on December 31, 2022.
  • CBP began detaining merchandise produced or manufactured by Jingde Trading Ltd., Rixin Foods. Ltd., and Zhejiang Sunrise Garment Group Co. Ltd. at all U.S. ports of entry on Dec. 5, 2022. This enforcement action is the result of a CBP investigation indicating that these companies use North Korean labor in their supply chains in violation of the Countering America’s Adversaries Through Sanctions Act (CAATSA).
    • CBP has barred imports from three companies, including a supplier to Western apparel companies, that the agency says could be using North Korean forced labor.
  • CBP announced in a message the termination of Burkina Faso as a beneficiary sub-Saharan African country to the AGOA, effective January 1, 2023, per Presidential Proclamation dated December 23, 2022.
    • For more information we encourage you to view the announcement here.
  • Ahead of the new year, CBP has released its Trade News Snapshot – Volume 4, Issue 6. 

U.S. Department of the Treasury Office of Foreign Assets Control (OFAC)

  • The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is updating the identifying information on its Specially Designated Nationals and Blocked Persons List (SDN List) for two individuals whose property and interests in property subject to U.S. jurisdiction are blocked pursuant to Executive Order 13224, as amended.
  • OFAC is publishing two general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GLs 8D and 40C, which were previously made available on OFAC’s website.

U.S. Fish and Wildlife Service (FWS)

  • The U.S. Fish and Wildlife Service (FWS), propose to designate critical habitat for the federally threatened `i`iwi under the Endangered Species Act of 1973, as amended. In total, approximately 275,647 acres (111,554 hectares) on the islands of Kaua`i, Maui, and Hawai`i, in the State of Hawaii, fall within the boundaries of the proposed critical habitat designation.

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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