Customs and International Trade Law Weekly Snapshot
Here is a recap of the latest customs and international trade law news:
U.S. Department of Commerce
- On May 24, 2022, the U.S. Department of Commerce (Commerce) found that revocation of the countervailing duty (CVD) order on certain biaxial integral geogrid products (geogrids) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the “Final Results of Sunset Review” section of the notice.
- On May 24, 2022, Commerce determined that Nippon Steel Corporation, producer and exporter of hot-rolled steel flat products (hot-rolled steel) from Japan, sold subject merchandise in the United States at prices below normal value during the period of review (POR) October 1, 2019, through September 30, 2020. In addition, Commerce determined that Honda Trading Canada, Inc. (Honda) and Mitsui & Co., Ltd. (Mitsui) had no shipments during the POR.
- On May 24, 2022, Commerce 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, they are notifying the public of the filing of the scope ruling applications in the month of April 2022.
U.S. International Trade Commission
- On May 24, 2022, notice was given that a complaint was filed with the U.S. International Trade Commission (Commission) on April 19, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Centripetal Networks, Inc. of Reston, Virginia.
- On May 24, 2022, notice was given that Commission has determined to institute an advisory opinion proceeding as requested by Panduit Corporation (“Panduit”). The Commission has also determined to refer this matter to the Chief Administrative Law Judge (“CALJ”) for assignment to an administrative law judge (“ALJ”) for appropriate proceedings and an initial advisory opinion (“IAO”). The IAO is to be issued at the earliest practicable time, preferably within 120 days from the date of institution, but no later than 7 months after institution.
- On May 20, 2022, Commission determined that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of certain preserved mushrooms from France, Netherlands, Poland, and Spain, provided for in subheading 2003.10.01 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”).
- On May 20, 2022, Commission determined that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of white grape juice concentrate (“WGJC”) from Argentina, provided for in subheading 2009.69.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”) and to be subsidized by the government of Argentina.
- On May 23, 2022, JOC.com ranked the top 100 US importers and exporters based on importing and exporting data gathered from PIERS, a bill-of-lading U.S. Customs trade database. The rankings listed Walmart, Target, and Home Depot as the top importers, with TEUs of over 500,000. Top exporters were listed as Koch Industries, International Paper, and DeLong, all with over 130,000 TEUs.
- On May 23, 2022, the White House released a statement on the launching of the Indo-Pacific Economic Framework for Prosperity, which is intended to advance resilience, sustainability, inclusiveness, economic growth, fairness, and competitive for our economies. Through this statement, the White House invites participation from additional Indo-Pacific partners that share the goals, interests, and ambitions for the region, emphasizing the importance of technical assistance and capacity building, allowing the maintenance of a flexible approach, and delivering tangible benefits for our people.
Food and Drug Administration
- On May 20, 2022, the Food and Drug Administration (FDA) amended the food additive regulations to no longer provide for the use of 25 plasticizers in various food contact applications because these uses have been abandoned. They are taking this action in response to a food additive petition submitted by the Flexible Vinyl Alliance (FVA or petitioner).
- On May 20, 2022, the FDA is denying a food additive petition (FAP 6B4815) submitted by Natural Resources Defense Council, et al., requesting that we amend or revoke specified regulations to no longer provide for the food contact use of 28 ortho -phthalates. (FDA uses the terms “phthalates” and “ ortho -phthalates” interchangeably in this notification to refer to the subset of phthalates substituted in the “ ortho ” position).
Customs and Border Protection
- On May 17, 2022, U.S. Customs and Border Protection (CBP) officers in Louisville seized a myriad of items: counterfeit driver’s licenses, counterfeit Apple Air pods and Watches, and counterfeit designer watches with three shipments of designer apparel and medications valued at $3.65 million.
If you have questions about these updates, contact our Customs and International trade law attorneys at email@example.com or call us at 305-456-3830.
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