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

Customs and Border Protection (CBP) 

  • CBP provides guidance on reporting indicators of compromise related to cyberattacks 
    • The guidance encourages industry to report indicators of compromise to CBP so that the agency can limit the impact of a cyber-attack and more quickly reconnect CBP systems access for impacted parties. 
  • CBP & Canon USA announce partnership against counterfeit products 
    • Under the partnership, Canon will donate 328 verification tools to CBP cargo and mail facilities to aid in authenticating a variety of Canon merchandise.  
  • At the port of Rochester, N.Y., CBP officers found several shipments that contained multiple “designer” clothing, shoes, handbags and watches, as well as Airpods and NBA branded rookie cards.  
    • All the items were determined to be not authentic and were seized. Had these items been genuine, the total MSRP value would be approximately $408,805 dollars. 
  • CBP officers seize counterfeit designer watches worth over $50,000. 
  • CBP sets new date for AD/CVD universe retirement in ACE reports. The new retirement date is May 2. Ahead of that date, the agency said users should repoint any saved reports that use the AD/CVD universe, or a combination of the AD/CVD and Entry Summary universes, to the Entry Summary universe. 

Bureau of Industry and Security (BIS) 

  • BIS issued an interim final rule implementing changes to the EAR under the Australia-UK-US Trilateral Security Partnership (AUKUS).  
    • The rule removes a number of license requirements including: military end-use and user-based components, missile technology, and other national security components. 

Office of Foreign Asset Control (OFAC) 

  • OFAC fines SGC Plastics $20 million for Iran sanctions violations. 
  • In response to Iran’s unprecedented attack on Israel on April 13, OFAC sanctioned 16 individuals and two entities enabling Iran’s UAV production, including engine types that power Iran’s Shahed variant UAVs, which were used in the attack. 
  • OFAC sanctioned two companies and four individuals involved in malicious cyber activity on behalf of the Iranian Islamic Revolutionary Guard Corps Cyber Electronic Command (IRGC-CEC). 
    • These actors targeted more than a dozen U.S. companies and government entities through cyber operations, including spear phishing and malware attacks.  
  • OFAC imposed sanctions on two entities for their roles in establishing fundraising campaigns on behalf of Yinon Levi (Levi) and David Chai Chasdai (Chasdai), two violent extremists who were sanctioned on February 1, 2024 in connection with violence in the West Bank.  

United States Trade Representative (USTR) 

  • USTR released its 2024 Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. Highlights: 
    • Dominican Republic & Uzbekistan removed from the Watch List 
    • Placement of seven countries on the Priority Watch List (Argentina, Chile, China, India, Indonesia, Russia, Venezuela 

Food and Drug Administration (FDA) 

  • The FDA issued marketing denial orders (MDOs) to Shenzhen Yibo Technology Co. Ltd. for 65 disposable e-cigarettes marketed as “MNGO Disposable Stick.” As a result, the company must not market or distribute these products in the United States or they risk FDA enforcement action. 
  • The FDA shared updates on their activities to better understand Per- and Polyfluoroalkyl Substances (PFAS) in the general food supply, including recent testing results, continuing efforts to supplement PFAS data and monitoring activities, and an updated analytical method to measure PFAS. 

Federal Maritime Commission (FMC) 

  • The FMC is seeking public comment on questions related to maritime data accuracy. 
    • In particular, the FMC seeks responses on what data elements are communicated between transportation service providers and importers/exporters. The Commission also seeks information on how changes to information are conveyed and where communication is most likely to break down or information is most likely to be conveyed inaccurately. Comments are due June 17. 

U.S. Department of Commerce 

  • A petition was filed on April 23, 2024 that alleges alkyl phosphate esters from China are being sold at less than fair value and benefiting from countervailing subsidies. The petition was filed by ICL-IP America, Inc., a subsidiary of the ICL Group (“ICL”). Alleged dumping margins range from 45.1% to 68.4%. 
  • A petition was filed on April 24, 2024 that seeks the imposition of antidumping and countervailing (AD/CVD) duties on imports of crystalline silicon photovoltaic (CSPV) solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam.

U.S. International Trade Commission (USITC) 

  • USITC voted to institute an investigation of certain fiber-optic connectors, adapters, jump cables, patch cords, products containing the same, and components thereof.  
    • The investigation is based on a complaint filed by US Conec, Ltd. of Hickory, NC, on March 22, 2024 alleging patent infringement. 

International News 

  • UK – post-Brexit border rules are due to come into force on April 30 which will require many meat, dairy, and plant products from the EU to be physically checked at the border. However, businesses have described the plans to be in “complete disarray” and have expressed concerns about the government’s readiness for the regime. 

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