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USTR Announces Section 301 Investigation into Nicaragua’s Acts, Policies, and Practices Related to Labor Rights, Human Rights, and the Rule of Law

The United States Trade Representative (USTR) announced the investigation regarding Nicaragua’s acts, policies, and practices related to labor rights, human rights, and the rule of law under Section 301 of the Trade Act of 1974. This is the first 301 investigation involving policies and practices that may violate labor rights and human rights.

301 Background

Section 301 of the Trade Act of 1974 is designed to address unfair foreign practices affecting U.S. commerce. It grants USTR a range of authorities to investigate unfair trade practices and to enforce U.S. rights under trade agreements.

Under 301, the U.S. government may impose trade sanctions on foreign countries that engage in acts that are burdensome to U.S. commerce or that violate trade agreements.

The law does not limit the scope of investigations, but it does mention several categories of activities that are subject to 301 action, including:

(1) a violation that denies U.S. rights under a trade agreement

(2) an “unjustifiable” action that “burdens or restricts” U.S. commerce

(3) an “unreasonable” or “discriminatory” action that “burdens or restricts” U.S. commerce.

“Commerce” is defined to include goods, services, and investment.

Previous examples of 301 investigations include investigations into China’s technology transfer practices, Vietnam’s currency manipulation, and Digital Services Taxes in various countries.

Nicaragua Investigation

The investigation into Nicaragua’s acts follows numerous credible reports that the Ortega-Murillo regime engages in human rights and labor rights violations and dismantling the rule of law. Activities cited by USTR include:

  • Politically-motivated arrests and imprisonments
  • Repression of members of religious groups and non-governmental organizations
  • […]

Case Update: Investigation of Aluminum Extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam

On November 30, 2024, we published the below article on the ITC’s AD/CVD investigation of aluminum extrusions. Since then, there have been two significant updates in the case:

  1. The parties who petitioned for the antidumping and countervailing duties to be applied have filed an appeal to the U.S. Court of International Trade. The case is expected to take at least a year and does not create any obligation to continue to deposit AD/CVD duties.
  2. CBP has received the official termination instructions to no longer collect AD/CVD duties for these cases and to refund any AD/CVD duties that an importer may have previously made.

Original article:

On November 22, 2024, the International Trade Commission (ITC) published in the Federal Register its negative final determination in the antidumping and countervailing duty (AD/CVD) investigation of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam.

The Commission found that an industry in the United States is not materially injured or threatened with material injury by reason of these imports.

Investigation Background

The Commission instituted these investigations effective October 4, 2023, following receipt of petitions filed by the U.S. Aluminum Extruders Coalition.

The Department of Commerce made preliminary determinations that imports of aluminum extrusions from China, Indonesia, Mexico, and Turkey were subsidized and that imports of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam were sold at less than fair value.

Following this preliminary determination, […]

By |2024-12-10T09:18:38-05:00December 10, 2024|AD/CVD, U.S. Department of Commerce (DOC)|0 Comments

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)

  • CBP announced that it will seize all aluminum products manufactured by a Chinese-owned, Dominican based company based on information that reasonably indicates the use of forced labor by the company.
  • CBP issued a HQ ruling finding that the shipment of self-propelled vehicles from the continental U.S. to Puerto Rico does not constitute an “export.” 
  • CBP officers seized $304,500 in counterfeit United States currency from a 26-year-old male arriving from Guayaquil, Ecuador. 
  • CBP will retire its security_filing_general@cbp.dhs.gov inbox for ISF inquiries.

Bureau of Industry and Security (BIS)

  • BIS issued an interim final rule making changes to the Export Administration Regulations (EAR) controls for certain advanced computing items, supercomputers, and semiconductor manufacturing equipment.
  • BIS announced a package of rules designed to further impair China’s capability to produce advanced-node semiconductors that can be used in advanced weapon systems and in AI and advanced computing.

U.S. Food and Drug Administration (FDA)

  • The FDA issued the 2024 edition of the Voluntary National Retail Food Regulatory Program […]
By |2024-12-07T10:54:18-05:00December 6, 2024|Snapshot|0 Comments

Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP) 

  • CBP seized more than $18 million in fake Gibson guitars in largest counterfeit musical instrument seizure on record. 
  • CBP was the only federal agency selected as one of Military.com’s Top 25 Employers for Veterans 2025.  
  • CBP made several updates to Appendix J response codes for Electronic Export Manifest. 
  • Reminder: the annual Customs Broker permit user fee due date for the 2025 calendar year is due Jan. 31, 2025. The permit user fee for the 2025 calendar year is $180.57. 
  • CBP, in collaboration with Canada Border Services Agency (CBSA), will adjust hours of operation for 38 ports of entry along the U.S. northern border, beginning at midnight, Jan. 6. Full list of changed port operational times here. 
  • CBP’s Commercial Customs Operations Advisory Committee (COAC) announced it will hold its next quarterly meeting on Dec. 11. 

Industry News 

  • In a series of posts on Truth Social, President-Elect Donald Trump p
By |2024-11-30T10:37:03-05:00November 30, 2024|Snapshot|0 Comments

CPSC’s Upcoming eFiling Requirement: What You Need to Know

The Consumer Product Safety Commission (CPSC) is tasked with protecting the public from unreasonable risks of injury or death associated with consumer products. The agency issues and enforces standards, issues product recalls, researches hazardous products, and more. The agency also has the authority to order the detention and seizure of goods that it believes to be non-compliant with CPSC safety regulations.

Beginning in 2025, products regulated by the CPSC may be denied entry into the U.S. unless the importer electronically files a detailed product certification with Customs and Border Protection (CBP).

See a full list of CPSC regulated products here.

CPSC’s eFiling Proposal

Since 2008, importers have been required to maintain Certificates of Compliance stating that the product they are importing meets all applicable safety standards. However, these certificates did not need to be filed at the time of import.

In June 2022, CPSC announced a Beta Pilot test with CBP for eFiling of certificate data for regulated consumer products. In 2023, the CPSC and CBP began the text with 38 importer participants. In December 2023, the agencies published a notice expanding the Beta Pilot test to include up to 2,000 additional importer participants and to extend the test for up to three years. In announcing expansion of the test, the CPSC also proposed a new rule that would require that importers of regulated consumer products eFile Certificates of Compliance at import.

On November 22, 2024, the CPSC’s General Counsel circulated a staff briefing memorandum recommending approval and publication of a final rule […]

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