Customs and Trade Law Weekly Snapshot

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

Customs and Border Protection (CBP)

Customs and Border Protection (CBP) officers seized more than $227,000 from travelers departing Washington Dulles International Airport to Africa during the months of September and October for violating U.S. currency reporting laws.
CBP announced today its commitment to the 30×30 Initiative, a coalition of law enforcement leaders, researchers and professional organizations who have joined together to advance the representation and experiences of women in all ranks of policing across the United States.

United States Department of State (DOS)

Department of State (DOS) and the Office of the United States Trade Representative (USTR) are providing notice that the United States and Panama plan to hold meetings of the United States-Panama Environmental Affairs Council (the ‘‘Council’’) and Environmental Cooperation Commission (the ‘‘Commission’’) on December 5, 2022, in Panama City, Panama.
DOS and the Office of the United States Trade Representative (USTR) are providing notice that on November 30– December 1, 2022, the United States and Peru will hold the eighth meeting of the Environmental Affairs Council (the ‘‘Council’’), the tenth meeting of the Sub-Committee on Forest Sector Governance (the ‘‘Sub-Committee’’), and the sixth meeting of the Environmental Cooperation Commission (the ‘‘Commission’’).

United States Department of Commerce (DOC)

U.S. Department of Commerce (DOC) published on August 30, 2022, the notice of initiation and preliminary results of changed circumstances reviews (CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders on certain cold-rolled steel flat products (cold-rolled steel) and certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea).
DOC is rescinding the administrative review of the countervailing duty (CVD) order on certain non-refillable steel cylinders (non-refillable cylinders) from the People’s Republic China (China), covering the period August 28, 2020, though December 31, 2021.
DOC determines that imports of quartz slab manufactured in the People’s Republic of China (China) and processed in Malaysia are covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on certain quartz surface products from China.
DOC on October 11, 2022, published a notice in the Federal Register, in which Commerce amended its notice of final results for the 2020 administrative review of the countervailing duty (CVD) order on certain softwood lumber products (softwood lumber) from Canada.
DOC is initiating a CCR of the antidumping duty (AD) order on silicomanganese from India. Additionally, Commerce preliminary determines that NAVA Limited (NAVA) is the successor-in-interest to Nava Bharat Ventures Limited (NBVL).
DOC announced the initiation of a countervailing duty investigation into certain freight rail couplers and parts thereof from the People’s Republic of China.
DOC preliminarily determines that two exporters of certain frozen warmwater shrimp (shrimp) from the People’s Republic of China (China) under review had no shipments of subject merchandise during the period of review (POR) February 1, 2021, through January 31, 2022.
DOC determines that sales of finished carbon steel flanges (flanges) from Spain were made at less than normal value (NV) during the period of review (POR) June 1, 2020, through May 31, 2021.
DOC, as a result of this expedited sunset review, finds that revocation of the antidumping duty (AD) order on light-walled welded rectangular carbon steel tubing (LWR tubing) from Taiwan would be likely to lead to continuation or recurrence of dumping at the level indicated in the ‘‘Final Results of Sunset Review’’ section of this notice.
DOC is conducting an administrative review of the antidumping duty order on uncovered innerspring units (innersprings) from the People’s Republic of China (China) during the period of review (POR) February 1, 2021, through January 31, 2022.
DOC is initiating a Less-Than-Fair-Value investigation into certain freight rail couplers and parts thereof from the People’s Republic of China and Mexico.
DOC announced on October 9, 2019, in the U.S. District Court for the Western District of Texas, Claudia Delgadillo (‘‘Delgadillo’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Delgadillo was convicted of knowingly and willfully combining, conspiring, confederating and agreeing with others to knowingly and unlawfully conceal, buy, and facilitate the transportation and concealment of various rifles and handguns, knowing they were to be exported from the United States to Mexico.
DOC, on June 28, 2022, published the preliminary results of the 2020–2021 administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan.
DOC, based upon the timely withdrawal of all review requests, is rescinding the administrative reviews covering the periods of review and the antidumping duty (AD) and countervailing duty (CVD) orders identified.
DOC is initiating a circumvention inquiry to determine whether certain lawn mowers assembled or completed in the United States by attaching Chinese cutting deck shells (attached to at least one significant non-engine component) to internal combustion engines, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China).
DOC 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.
DOC determines that certain superabsorbent polymers (SAP) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV).
DOC seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2022, through June 30, 2022.
U.S. Secretary of Commerce has determined that U.S. imports of quartz surface products manufactured in China and processed in Malaysia are covered by the antidumping and countervailing duties (“AD/CVD”) orders on imports from China.

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

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied.
OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied.
OFAC within the Department of the Treasury is soliciting comments concerning OFAC’s Hizballah Financial Sanctions Regulations Report on Closure by U.S. Financial Institutions of Correspondent Accounts and Payable Through Accounts.
OFAC on October 26, 2022, is designating 10 Iranian officials for the brutal ongoing crackdown on nationwide protests in Iran, as well as two Iranian intelligence actors and two Iranian entities involved in the Iranian government’s efforts to disrupt digital freedom.
OFAC on October 26, 2022, took action to counter the Government of the Russian Federation’s (GoR) persistent malign influence campaigns and systemic corruption in Moldova by imposing sanctions on nine individuals and 12 entities.
OFAC, as part of its enforcement efforts, published an updated list on October 26, 2022, of “Specially Designated Nationals” (SDNs). Their assets are blocked and U.S. persons are generally prohibited from dealing with them.

United States International Trade Commission (USITC)

United States International Trade Commission (USITC) determines on the basis of the record developed in the subject five-year reviews, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping and countervailing duty orders on aluminum extrusions from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
USITC received a complaint filed on September 15, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Pratum Farm, LLC of Salem, Oregon. Letters supplementing the complaint were filed on September 15, October 3, and October 4, 2022.
USITC received a complaint filed on September 15, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of Japan. A supplement was filed on September 26, 2022.
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 antidumping duty orders on certain welded stainless steel pipe from South Korea and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
USITC hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty and countervailing duty orders on pneumatic off-the-road (‘‘OTR’’) tires from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
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 and antidumping duty orders on 1- hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
USITC hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order on stainless steel wire rod from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
USITC received a complaint on September 16, 2022, under the Tariff Act of 1930, as amended, on behalf of EDST, LLC of Lubbock, Texas and Quext IoT, LLC of Lubbock, Texas. The complaint was supplemented on September 22, and October 5, 2022.
USITC determines, on the basis of the record developed in the subject five-year reviews, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty and countervailing duty orders on imports of stainless-steel sheet and strip from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
USITC has received a complaint entitled Certain Video Processing Devices and Products Containing the Same, DN 3650; 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, on the basis of the record developed in the subject five-year review, determines, pursuant to the Tariff Act of 1930, that revocation of the antidumping duty order on 1,1,1,2- tetrafluoroethane (R–134a) from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
USITC, on the basis of the record developed in the subject five-year review, determines, pursuant to the Tariff Act of 1930, that revocation of the antidumping duty order on phosphor copper from South Korea would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
USITC has determined not to review an initial determination (‘‘ID’’) (Order No. 7) of the presiding administrative law judge (‘‘ALJ’’), finding respondent Top Golf Equipment Co. Limited (‘‘Top Golf’’) in default.

United States Census Bureau (USCB)

U.S. Census Bureau (USCB) reminded in a memo on October 27, 2022, that the disclosure of electronic export information (EEI) to foreign entities and foreign governments is not permitted.

United States Trade Representative (USTR)

Office of the United States Trade Representative (USTR) announced on October 23, 2022, that it will pursue avenues to assist the Southeast seasonal produce industry in coordination with the United States Department of Agriculture after Members of Congress requested an examination of certain issues in a September 8, 2022, Section 301 petition.
USTR invites applications from eligible individuals wishing to be included on the roster of individuals to serve on binational panels convened to review final determinations in antidumping or countervailing duty (AD/CVD) proceedings and amendments to AD/ CVD statutes of a USMCA Party.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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