Commerce Department Archives - Customs & International Trade Law Firm

Trade News: AD/CVD Petition Filed Against Sol Gel Alumina-Based Ceramic Abrasive Grains from China

Saint-Gobain Ceramics & Plastics, Inc., filed a petition for the imposition of antidumping and countervailing (AD/CVD) duties on the imports of certain sol gel alumina-based ceramic abrasive grains from China.

The petitioner alleges that imports of ceramic abrasive grains are being sold in the U.S. at less than fair value. The petitioner also alleges that the government of China has used an array of tools to support local ceramic abrasive grains producers and manufacturers.

Full list of exporters. Full list of importers.

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments.

Scope of the Investigation

Ceramic abrasive grains are a type of advanced abrasive, essential for the use of abrasive tools. After production, sol gel alumina-based ceramic abrasive grains are typically bonded or coated to grinding media or “backings” (i.e., sandpapers, grinding wheels, grinding cylinders, grinding discs, etc.) for end use in high-precision manufacturing tools across a variety of industries.

This Petition covers sol gel alumina-based ceramic abrasive […]

By Jennifer Diaz|2024-11-26T20:42:12-05:00November 26, 2024|AD/CVD, U.S. Department of Commerce (DOC)|0 Comments

Census Proposes Changes to Foreign Trade Regulations Filing Requirements
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Census Proposes Changes to Foreign Trade Regulations Filing Requirements
U.S. Department of Commerce (DOC)

Census Proposes Changes to Foreign Trade Regulations Filing Requirements

The Bureau of the Census published a Notice of Proposed Rulemaking making several clarifications to its Foreign Trade Regulations.

Background – The Census Bureau’s Role in Trade Enforcement

The U.S. Census Bureau’s mission is to serve as the nation’s leading provider of quality data about its people and economy. As part of this mission, the Bureau is responsible for collecting, compiling, and publishing import and export trade statistics for the United States.

To facilitate the collection of these statistics, the Bureau has promulgated Foreign Trade Regulations (FTR) which require certain exporters to file export information with the Bureau. The regulations detail requirements for filing export information, explain filing procedures, and establish penalties for noncompliance. The regulations require export information to be filed on the Automated Export System (AES). The information submitted by exporters to AES is known as Electronic Export Information (EEI).

EEI filings are required for a wide variety of circumstances, including:

Exports that require an export license under the Export Administration Regulations (EAR)
Exports containing personal or household goods valued over $2,500 to a foreign destination, other than Canada
Exports on the EAR’s Commerce Control List (CCL) and destined for China, Russia, or Venezuela
Exports subject to the International Traffic in Arms Regulations (ITAR)
Exports containing rough diamonds

Proposed Clarifications

In recent years, the Census Bureau has experienced an increase in the number of inquiries regarding export transactions where a customs broker facilitates the entry of goods into the U.S. and the goods are then stored in a facility or admitted […]

By Jennifer Diaz|2024-11-01T13:07:26-04:00November 1, 2024|U.S. Department of Commerce (DOC)|0 Comments

BIS Issues New Guidelines for Preparing Export License Applications Involving Foreign Persons (Deemed Exports/Reexports)
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BIS Issues New Guidelines for Preparing Export License Applications Involving Foreign Persons (Deemed Exports/Reexports)
EEI, Export, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce

BIS Issues New Guidelines for Preparing Export License Applications Involving Foreign Persons (Deemed Exports/Reexports)

The Bureau of Industry and Security (BIS) issued new guidelines to assist deemed export applicants in obtaining licenses. The guidelines primarily apply to employment situations; however, they also address other situations such as the release of controlled technology to foreign students participating in research.

The guidelines cover basic requirements for applying and renewal and include an application checklist.

Background on Licenses for Deemed Exports/Reexports

The obligation to obtain an export license from BIS before releasing controlled technology to a foreign person is informally referred to as a “deemed” export. The release is considered an export to the person’s country or countries of nationality.

The Export Administration Regulations (EAR), Section 734.13, defines a deemed export as releasing or otherwise transferring “technology” or “source code” to a foreign person in the United States.

Typical organizations using deemed export licenses include universities, research institutions, bio-chemical firms, medical organizations, and computer companies.

New Guidance

The basic guidance for filling out license applications is set forth in Supplement 1 to part 748 of the EAR. The new guidelines supplement the basic guidance and are intended to assist licensing officers in reviewing license applications more efficiently.

Basic Requirements

The guidelines reiterate that applicants must include all the necessary information and documentation required when submitting a license application. BIS will return applications with insufficient information.

Basic documentation required:

By Jennifer Diaz|2024-09-13T11:56:54-04:00September 13, 2024|EEI, Export, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce|0 Comments

Trade News: New AD/CVD Case Filed on Brake Drums from China and Turkey
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Trade News: New AD/CVD Case Filed on Brake Drums from China and Turkey
AD/CVD, U.S. Department of Commerce (DOC)

Trade News: New AD/CVD Case Filed on Brake Drums from China and Turkey

A new AD/CVD case was filed on brake drums from China and Turkey.

Full list of exporters here. Full list of importers here.

Background on AD/CVD Investigations

Scope of the Investigation

This petition covers certain brake drums, made of gray cast iron, weighing more than 50 pounds with an actual or nominal inside diameter of 14.75 inches or more but not over 16.6 inches for use in commercial vehicles. Full scope here.

Next Steps

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 who imports brake drums to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any […]

By Jennifer Diaz|2024-06-20T13:55:57-04:00June 20, 2024|AD/CVD, U.S. Department of Commerce (DOC)|0 Comments

BIS Publishes Report on Effect of Uranium Imports on National Security

Background on Section 232 Investigations – Section 232 investigations, administered by the U.S. Commerce Department, are conducted to determine the effect of imports of certain goods on national security Historically, Section 232 investigations have been conducted regarding U.S. imports of crude oil and petroleum products and uranium, among other critical imports.

Investigations may be initiated based on an application from an interested party, a request from the head of any department or agency, or may be self-initiated by the Secretary of Commerce. The Secretary’s report to the President, prepared within 270 days of initiation, focuses on whether the importation of the article in question is in such quantities, or under such circumstances, that threaten to impair the national security. The President can concur or not with the Secretary’s recommendations, and take action to “adjust the imports of an article and its derivatives” or other non-trade related actions as deemed necessary.

To learn more about Section 232 investigations including background on relevant laws and regulations and the history of past cases, check out the Section 232 Program Guide.

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By Jennifer Diaz|2021-11-02T08:45:59-04:00November 2, 2021|Import, International Trade, U.S. Department of Commerce (DOC)|0 Comments

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