Customs and Weekly Trade Snapshot

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

 

 

 

 

Customs and Border Protection (CBP)

• U.S. Customs and Border Protection (CBP) on October 18,2022, published two Final Rules that update provisions in 19 CFR 111: Modernization of the Customs Broker Regulations (87 FR 63267) and Elimination of Customs Broker District Permit Fee (87 FR 63262). 
• CBP is transitioning all customs brokers to a single national permit and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States. 
• CBP provides this message to provide guidance regarding the amendment of a previously granted Section 301 China product exclusion to conform with the U.S. International Trade Commission’s (USITC) Harmonized Tariff Schedule (HTS) changes effective July 1, 2021. 
• CBP on October 18, 2022, published two Final Rules that updated provisions in 19 CFR 111: Modernization of the Customs Broker Regulations (87 FR 63267) and Elimination of Customs Broker District Permit Fee (87 FR 63262). 
• CBP is hosting two webinars to discuss changes to 19 CFR 111. The first webinar “Customs Broker Modernization Regulations – Detailed changes to 19 CFR 111,” is scheduled for Thursday, October 27, 2022, from 1-2 p.m., Eastern Daylight Time. 
• CBP announced the revocation of three ruling letters, modification of one ruling letter, and revocation of treatment relating to the tariff classification of certain step stools.  
• CBP announced the proposed modification of one ruling letter and proposed revocation of treatment relating to the tariff classification of paper face masks.  
• CBP announced a proposed change to CBP form 1303, used for declaring articles to be retained on board the vessel, such as sea stores, ship’s stores (e.g., alcohol and tobacco products), controlled narcotic drugs or bunker fuel in a format that can be readily audited and checked by CBP.
• CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
• CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
• CBP announced the following copyrights, trademarks, and trade names recorded with CBP.  

United States Department of Treasury (USDT)

• Department of the Treasury (USDT), as Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released on October 20, 2022, the first-ever CFIUS Enforcement and Penalty Guidelines.   

United States Department of Commerce (DOC)

• DOC preliminarily determines that six exporters of certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (China) under review had no shipments of subject merchandise during the period of review (POR) January 1, 2021, through December 31, 2021. 
• DOC has issued an order temporarily denying export privileges for URAL Airlines for a period of 180 days.  
• DOC announced on October 20, 2022, a renewal of temporary denial of export privilege for Aviastar in the in the public interest to prevent an imminent violation of the regulations.  

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

• OFAC and OFSI on October 13, 2022, concluded a multi-day technical exchange in London that will bring significant benefits to both organizations and reinforce coordination and collaboration between the U.S. and UK in the years to come. 
• OFAC announced on October 18, 2022, the issuance of a finding of Violation to Nodus International Bank, Inc. (Nodus), an international financial entity located in Puerto Rico, for violations of the Venezuelan Sanctions Regulations (VSR), and the Reporting, Penalties and Procedures Regulations (RPPR). 
• OFAC on October 19, 2022, designated Juan Francisco Valenzuela Valenzuela and the Valenzuela Drug Trafficking Organization (“Valenzuela DTO”), among others, pursuant to Executive Order (E.O.) 14059.     
• OFAC, in coordination with the U.S. Department of Justice and the Federal Bureau of Investigation (FBI), on October 19, 2022, designated a Russian network that procured military and sensitive dual-use technologies from U.S. manufacturers and supplied them to Russian end-users.
• OFAC, in conjunction with BIS, and the Department of State have imposed an unprecedented range of sanctions and export controls in response to Russia’s attack on Ukraine.   

United States International Trade Commission (USITC)

• U.S. International Trade Commission (USITC) has received a complaint entitled Certain Electronic Devices, Semiconductor Devices, and Components Thereof, DN 3647; 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 no violation of section 337 of the Tariff Act of 1930, as amended, in the investigation into certain artificial eyelash extension systems, products, and components thereof. The investigation is terminated. 
• USITC has determined not to review two initial determinations (‘‘IDs’’) of the presiding administrative law judge (‘‘ALJ’’): (1) Order No. 23 terminating the investigation as to claims 17–21 of U.S. Patent No. 8,468,547 (‘‘the ’547 patent’’) (collectively, the ‘‘Withdrawn Claims’’); and (2) Order No. 24 granting complainants’ motion to amend the complaint and notice of investigation (‘‘NOI’’) in the graphics systems investigation to correct the names of two respondents. 
• USITC hereby give notices that on October 7, 2022, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the Robotic Floor Cleaning Devices investigation. 
• USITC hereby gives notice that a complaint was filed on August 23, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. A supplement to the complaint was filed on September 12, 2022. 
• USITC has implemented certain changes to the Harmonized Tariff Schedule of the United States (HTSUS) to reflect Harmonized System modifications adopted by the World Customs Organization and changes to statistical categories. 
• USITC announces conforming amendments to legal note provisions in the HTSUS associated with the actions in the section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. 
• USITC announces the cancellation of hearings for full five-year reviews in the Circular Welded Carbon-Quality Steel Pipe from Oman, Pakistan, and the United Arab Emirates investigation.
• USITC hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701–TA–683 and 731–TA–1594–1596 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether there is a reasonable indication that 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 paper file folders from China, India, and Vietnam, provided for in subheading 4820.30.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of India.  
• USITC received a complaint on September 13, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. 
• USITC received a complaint on September 13,2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Vego Garden, Inc. of Houston, Texas. 
• USITC received a complaint on September 13,2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. 
• USITC is holding Sunshine Act Meeting on October 26, 2022, in Washington, D.C.  
• USITC hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing duty order on finished carbon steel flanges from India and the antidumping duty orders on finished carbon steel flanges from India, Italy, and Spain would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 
• USITC has received a complaint entitled Certain Semiconductors Devices Having Layered Dummy Fill, Electronic Devices, and Components Thereof, DN 3649; 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. 

United States Department of Labor (DOL)

• Department of Labor (DOL) announced pursuant to the Federal Advisory Committee Act (FACA), as amended, and the Workforce Innovation and Opportunity Act (WIOA), notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIOA. 

United States Department of Justice (DOJ)

The White House and Congress

• President Biden on October 7, 2022, signed executive order 14086 “Enhancing Safeguards for United States signals Intelligence Activities.”

RKW Klerks V. United States

• RKW Klerks V. United States: In a case that involved the classification of two types of net wrap, both of which were synthetic fabrics used to wrap round bales of harvested crops, the U.S. Customs and Border Protection properly classified the net wraps under HRSUS subheading 6005.39.00.  

Defense Trade Advisory Group (DTAG) 

• Defense Trade Advisory Group (DTAG) will meet in open session from 1:00 p.m. until 5:00 p.m. on Wednesday, November 9, 2022. The purpose of the meeting will be to discuss current defense trade issues and topics for further study. 

U.S. Department of the Treasury (USDT) 

• U.S. Department of the Treasury (USDT) on October 17, 2022, designated a network of al-Shabaab financial facilitators who hold leadership roles within al-Shabaab and act as key interlocutors between the group and local companies in Somalia.  

United States Trade Representative (USTR)

• United States Trade Representative (USTR) announced with this notice its determination to make two technical amendments to certain previously reinstated exclusions associated with the section 301 investigation of China Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. 

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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