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

 

 

 

 

 

Customs and Border Protection (CBP)

  • According to Custom and Border Protection’s (CBP) de novo review of the administrative record in the EAPA case 7401, including the timely and properly filed request for administrative review, and response thereto, the September 11 Determination of evasion under 19 U.S.C. § 1517(c) is AFFIRMED. 
  • According to CBP’s de novo review on remand of the entire administrative record in the EAPA case 7357, including the documents previously omitted from the record and the submissions by Leco Supply and M&B, the October 26 Determination of Evasion under 19 U.S.C. § 1517(c) remains AFFIRMED. 
  • According to CBP’s de novo review of the administrative record in the EAPA case 7348, including the timely and properly filed requests for administrative review and responses, the November 2 Determination of evasion under 19 USC § 1517(c) is AFFIRMED. 
  • According to CBP’s de novo review of the administrative record in the EAPA case 7395, including the timely and properly filed request for administrative review and response, there is not substantial evidence of evasion. The December 21 Determination finding no evasion under 19 USC § 1517(c) is AFFIRMED. 
  • According to CBP’s de novo review of the administrative record in the EAPA case 7281, including the timely and properly filed requests for administrative review submitted by DBMS, Ascension, Crude Chem, GLōB Energy, and UMD on April 20, 2020, as well as the response thereto, we AFFIRM the March 9 Determination by TRLED under 19 U.S.C. § 1517(c). 
  • According to CBP’s de novo review of the administrative record in the EAPA case 7335, including the timely and properly filed request for administrative review and response, the November 6 Determination of evasion under 19 USC § 1517(c) is AFFIRMED. 
  • According to CBP’s de novo review of the administrative record in the EAPA case 7348, the R&R March 18 FAD and TRLED November 2 Determination of evasion under 19 U.S.C. § 1517(c) are REVERSED. 
  • According to CBP’s de novo review of the administrative record in the EAPA case 7321, including the timely and properly filed requests for administrative review, as well as the response thereto, we AFFIRM the June 29, 2020 Determination by TRLED under 19 U.S.C. § 1517(c). 
  • According to CBP’s de novo review of the administrative record in the EAPA case 7257, including the timely and properly filed request for administrative review and response, we AFFIRM the determination made by the Director of Enforcement Operations, Trade Remedy & Law Enforcement Directorate, Office of Trade, that pursuant to 19 U.S.C. § 1517 and 19 CFR § 165, substantial evidence exists to support a finding that H & H imported stainless steel flanges from China into the United States through evasion.  
  • According to CBP’s de novo review of the administrative record in the EAPA case 7251, including the timely and properly filed request for administrative review submitted by Worldwide on October 31, 2019 and the timely and properly field response submitted by Endura on December 6, 2019, we AFFIRM the September 18 Determination by TRLED under 19 U.S.C. § 1517(c).  
  • According to CBP’s de novo review of the administrative record in the EAPA case 7184, including the timely and properly filed request for administrative review and response, the September 17 Determination of evasion under 19 USC § 1517(c) is AFFIRMED. 
  • According to CBP’s de novo review of the administrative record in the EAPA case 7232, including the timely and properly filed request for administrative review and response, with respect to the issue of transshipment, the March 20 Determination of evasion under 189 USC § 1517(c) is AFFIRMED, IN PART, with respect to entries of door thresholds on or after December 19, 2018; and REVERSED, IN PART, with respect to entries of door thresholds before December 19, 2018. With respect to the issue of misclassification, the March 20 Determination finding of no evasion is AFFIRMED.  
  • CBP will be retiring previously used data resources and is asking those that utilize reports to retrieve Multi-Modal (non-Truck) Manifest data to repoint them to Multi-Modal Manifest data universe. 
  • CBP is advising the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter. 

United States Department of Commerce (DOC)

  • On September 12, 2022, the Department of Commerce (DOC) extended the deadline by 80 days to complete importer and exporter certifications for entries of certain hardwood plywood products and veneered panels from the People’s Republic of China (A-570-051 and C-570-052) that are assembled in Vietnam and that entered the United States between June 17, 2020, to August 28, 2022. 
  • DOC preliminarily determines that certain stainless steel sheet and strip (SSSS) of Chinese-origin that has undergone further processing in the Socialist Republic of Vietnam (Vietnam) is merchandise covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on SSSS from the People’s Republic of China (China).  
  • DOC is postponing the deadline for issuing the final determination in the less-than-fair-value (LTFV) investigation of certain lemon juice (lemon juice) from the Republic of South Africa (South Africa) until December 19, 2022, and is extending the provisional measures from a four-month period to a period of not more than six months. 
  • DOC, in response to the Russian Federation’s (Russia’s) ongoing aggression against Ukraine, is expanding the existing sanctions against Russia and Belarus by imposing new export controls, including expanding the scope of the Russian industry sector sanctions to add lower-level items potentially useful for Russia’s chemical and biological weapons production capabilities and items needed for advanced production and development capabilities to enable advanced manufacturing across a number of industries. 
  • DOC, in accordance with Presidential Proclamation 10414 and pursuant to its authority under section 318(a) of the Tariff Act of 1930, as amended (the Act), is issuing this final rule to implement Proclamation 10414. 

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

  • On September 14, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned ten individuals and two entities for their roles in conducting malicious cyber acts, including ransomware activity. 
  • OFAC is publishing a products determination issued pursuant to a March 11, 2022 Executive order.  
  • OFAC is issuing Russia-related General License 51  “Authorizing the Wind Down of Transactions Involving Limited Liability Company Group of Companies Akvarius“, and publishing three Russia-related Frequently Asked Questions.  
  • OFAC designated one Zimbabwe individual and removed eleven others from the Specially Designated Nationals List (SDN List) under the Zimbabwe sanctions program. 

United States Department of the Treasury (USDT)

  • The U.S. Department of the Treasury (USDT) on September 19, 2022, filed a Request for Comment (RFC) to seek feedback from the American people on the illicit finance and national security risks posed by digital assets. 

United States International Trade Commission (USITC)

  • The U.S. International Trade Commission (USITC) has received a complaint entitled Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof (II), DN 3638; 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 received a complaint on August 9, 2022, under the Tariff Act of 1930, as amended, on behalf of Google LLC of Mountain View, California. A supplement was filed on August 24, 2022. 
  • USITC has found a violation of section 337 in an investigation regarding plant-derived Recombinant Human Serum Albumins (rHSA). 
  • USITC has provided hearing updates for subject reviews on Chlorinated Isocyanurates from China and Spain. 

Office of the U.S. Trade Representative (USTR)

  • The Office of the United States Trade Representative (USTR), through the Trade Policy Staff Committee (TPSC), publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report) each year. USTR invites comments to assist it and the TPSC in identifying significant foreign barriers to, or distortions of, U.S. exports of goods and services, U.S. foreign direct investment, and U.S. electronic commerce for inclusion in the NTE Report. 

Administrative Law Judge

  • The presiding administrative law judge (‘‘ALJ’’) on September 9, 2022, 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 during investigation. 
  • The presiding ALJ on August 12,2022, issued an Initial Determination on Violation of section 337. On August 26, 2022, the ALJ also issued a Recommended Determination on Remedy, Bonding, and the Public Interest should a violation be found in the during investigation. 

The White House

  • On September 11, 2022, the White House released that The Biden administration plans next month to broaden curbs on U.S shipments to China of semiconductors used for artificial intelligence and chipmaking tools, several people familiar with the matter said. 
  • On September 12,2022, President Biden issued executive order 14081 geared towards advancing biotechnology and biomanufacturing innovation for a sustainable, safe, and secure American Bioeconomy. 
  • On September 15, 2022, President Biden directed through an executive order the committee that reviews foreign investment for national security risks to sharpen its focus on threats to sensitive data, cyber security and areas such as microelectronics and artificial intelligence. 

 

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