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Trade News: New Petition Filed Against Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam

A petition was filed on April 24, 2024 seeking 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.

The petition was filed by the American Alliance for Solar Manufacturing Trade Committee, a coalition comprised of four domestic producers.

Full list of producers here. Full list of U.S. importers here.

The scope covers crystalline silicon photovoltaic cells and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to: modules, laminates, panels, and building integrated materials. Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports CSPV solar cells and modules to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

By |2024-04-26T15:35:18-04:00April 26, 2024|AD/CVD, U.S. Department of Commerce (DOC)|0 Comments
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Organizations Urge State Department to Stop Avocado Imports Linked to Deforestation

27 organizations wrote a letter to the U.S. State Department urging them to stop imports of avocados linked to deforestation in Mexico. The group alleges that the deforestation is happening illegally and undermines international pledges made by the country to halt these practices.

The groups include the Animal Welfare Institute, the Endangered Species Coalition, and the Oceanic Preservation Society.

According to the letter, an estimated 10 football fields of forest are cleared every day to create avocado plantations in Mexico.

In addition to the deforestation concerns, some of the farming activity is occurring within the Monarch Butterfly Biosphere Reserve. The letter states that as of 2018, nearly 2,400 acres of the Reserve have been converted into avocado plantations.

Finally, the letter notes that the irrigation demand for avocado harvesting depletes water sources for local communities and leaves remaining native forests vulnerable to fire and disease.

Although Mexico is the largest U.S. supplier of avocados, providing almost 90% of the fruit sold in the U.S, the group notes that many Mexican growers have created legal avocado farms that could continue to supply the U.S.

The group requests that the State Department, USDA, and USTR work together to set up a program to ensure that the United States is only importing and marketing avocados that do not contribute to deforestation.

Read the full letter here.

 

By |2024-04-26T07:45:24-04:00April 26, 2024|Import|0 Comments
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Trade News: New Petition Filed on Alkyl Phosphate Esters from China

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%.

Full list of producers here. Full list of U.S. importers here.

The scope of petition covers alkyl phosphate esters based exclusively on side chains with a length of two or three carbon atoms and a phosphorus content of at least 6.5 percent (per weight) and a viscosity between 1 and 2000 mPa.s (at 20-25 °C).  Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports alkyl phosphate esters to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

By |2024-04-24T11:40:25-04:00April 24, 2024|AD/CVD, China, Countries, U.S. Department of Commerce (DOC)|0 Comments
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Customs and Trade News Weekly Snapshot

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

Customs and Border Protection (CBP)  

  • CBP releases March 2024 monthly update. Highlights: 
    • Processed more than 2.8 million entry summaries 
    • Identified estimated duties of nearly $6.2 billion to be collected by the U.S. government 
    • Stopped 749 shipments for further examination based on the suspected use of forced labor 
    • Seized 1,633 shipments that contained counterfeit goods 
  • CBP’s National Commodity Specialist Division (NCSD) has announced its webinar series lineup for May. View full list here. 
  • CBP published an update This is an update to their April 1 publication on vague cargo descriptions.  published on April 1, 2024.  
    • This nationwide cargo messaging will be sent in the SO20 record (position 8-57) with a Reference Identifier Qualifier “CMT” within the ACE Cargo Release Status Notification message.
  • EAPA Update: EAPA Case 7818: AMVC-Midwest LLC aka Midwest Livestock Systems, LLC (Notice of Determination as to Evasion). 

Department of Commerce (DOC)

By |2024-04-19T16:05:14-04:00April 19, 2024|Snapshot|0 Comments
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From Chaos to Compliance: A Guide for Importers

Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. Whether your company is new to importing, or has been in the business for years, CBP expects importers to use “reasonable care” to ensure compliance with relevant rules and regulations. Importers are at risk of being subject to enforcement actions by CBP if they do not comply with the reasonable care standard when importing goods into the U.S. This article provides an overview of CBP’s expectations of an importer and practical advice on what you must have in your import compliance plan.

How Did We Get Here?

December 8th, 1993, the Dow Jones reached a record high of 3734.53, Janet Jackson’s “Again” remained number one on the charts, and President Bill Clinton signed the Customs Modernization Act (Mod Act). The Mod Act altered the import compliance landscape by making it the responsibility of the importer to classify items, determine their value, etc. The law also imposed a legal obligation to use “reasonable care” in doing so, or else Customs could (and would) impose penalties.

What Exactly is “Reasonable Care”?

Reasonable care requires importers to conduct themselves as a reasonable importer would under the circumstance with respect to importing goods into the United States.

Reasonable care requires importers to:

  • Meet the standard to enter, classify and determine the value of imported goods
  • Provide other information necessary to aid CBP in properly assessing duties and collecting accurate statistics
  • Determine whether other applicable legal standards and […]
By |2024-04-19T15:30:55-04:00April 19, 2024|Import, Pre-compliance|0 Comments
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