Here is a recap of the latest customs and international trade law news:
U.S. Customs and Border Protection (CBP)
- U.S. Customs and Border Protection (CBP) has commenced a formal investigation under Title IV, Section 421 of the Trade Facilitation and Trade Enforcement Act of 2015, commonly referred to as the Enforce and Protect Act (EAPA), against Gorilla Paper, Inc. and Gorilla Supply (collectively, Gorilla Paper).1 CBP is investigating whether Gorilla Paper evaded antidumping duty (AD) orders A-428-850 (Germany) and A-580-911 (South Korea) on thermal paper.
- CBP issued a determination on whether AA Metals Inc., in Enforce and Protect Act (EAPA) Consolidated Case 7469, evaded customs duties. Specifically, it examined the evasion of antidumping and countervailing Duty orders A-570-073 and C-570-074 on common alloy aluminum sheet from the People’s Republic of China. CBP found there was substantial evidence that the importer had transshipped certain merchandise subject to the orders through Turkey.
- CBP announced EAPA Consolidated Case 7673: Uni-Tile & Marble, Inc., Durian Kitchen Depot Inc., Kingway Construction and Supplies Co., Inc., Lonlas Building Supply Inc., Maika’i Cabinet & Stone Inc., and Top Kitchen Cabinet Inc.
The Executive Office of the United States President
- The United States and Taiwan, under the auspices of the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO), today concluded two days of productive meetings on the U.S.-Taiwan Initiative on 21st-Century Trade in New York City.
- During the meetings, the two sides exchanged views on the key concepts to be addressed in several of the trade areas set out in the negotiating mandate for this new initiative, which can be found here.
- The White House announced that CBP Commissioner Chris Magnus offered his resignation, and that President Biden has accepted.”President Biden appreciates Commissioner Magnus’ nearly forty years of service and the contributions he made to police reform during his tenure as police chief in three U.S. cities,” said press secretary Karine Jean-Pierre in a statement
- President Joe Biden has been speaking at a news conference after holding his first face-to-face meeting with Chinese leader Xi Jinping since he became president. He says he’s not looking for “conflict” between the US and China, and there will not be a new Cold War. The meeting comes at a time when relations between the two superpowers have soured.
United States House of Representatives
- On October 28, 2022, House Representatives Banks, Wittman, and Steube introduced HR 9241, the Prioritizing National Security in Export Controls Act of 2022. The same day, the draft bill was referred to the Committees of Foreign Affairs, Armed Services, and Appropriations for consideration. This proposed legislation marks the culmination of extensive discussions over the last several years regarding the ability of the Department of Commerce to manage export controls covering dual-use goods, software, and technology.
The Office of the United States Trade Representative (USTR)
- The Office of the United States Trade Representative (USTR) welcomed the Ukrainian delegation to Washington, D.C., for the eleventh meeting of the United States – Ukraine Trade and Investment Council (Council), aimed at increasing bilateral trade and investment.
- The United States and the Socialist Republic of Vietnam convened the second meeting of the Timber Working Group under the Agreement Between the Government of the Socialist Republic of Vietnam and the Government of the United States of America on Illegal Logging and Timber Trade (“Timber Agreement”) on November 9 – 10, 2022.
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)
- The 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. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
- OFAC is issuing Russia-related General License 53 “Authorizing Transactions for Diplomatic Missions of the Russian Federation Prohibited by Directive 4 under Executive Order 14024”, and publishing one Russia-related Frequently Asked Question (1096).
- OFAC, alongside the U.S. Department of State, sanctioned a transnational network procuring technology that supports the Russian military-industrial complex. OFAC also designated a global network of financial facilitators, enablers, and others associated with two key Kremlin-linked elites whose fortunes are intertwined with the West. In total, today’s actions designated 14 individuals and 28 entities, and identified eight aircraft as blocked property.
- OFAC is issuing Russia-related General License 40C “Civil Aviation Safety”.
- The U.S. Department of the Treasury, in consultation with the White House Competition Council, has released a report entitled “Assessing Impacts of New Entrant Non-bank Firms on Competition in Consumer Finance Markets.” The report finds that, while concentration among federally insured banks is growing, new entrant non-bank firms, in particular “fintech” firms, are adding significantly to the number of firms and business models competing in core consumer finance markets and appear to be contributing to competitive pressure.
- OFAC is designating six senior employees of the Islamic Republic of Iran Broadcasting (IRIB), the Iranian state-run media corporation that has broadcast hundreds of forced confessions of Iranian, dual national, and international detainees in Iran.
Department of Commerce (DOC)
- The U.S. Department of Commerce (DOC) determines that sales of certain pasta from Italy have been made at less than normal value by Pastificio Di Martino Gaetano e Flli S.p.A./Pastificio dei Campi S.p.A. during the period of review (POR) from July 1, 2020, through June 30, 2021.
- DOC determines that imports of certain uncoated paper rolls from Australia were not completed by conversion into subject sheets of paper in the United States and, therefore, such imports are not circumventing the antidumping duty order on certain uncoated paper from Australia, within the meaning of section 781(a) of the Tariff Act of 1930, as amended.
- DOC determines that citric acid and certain citrate salts from Colombia was sold in the United States at prices below normal value during the period of review July 1, 2020, through June 30, 2021.
- DOC finds that producers or exporters subject to this administrative review made sales of subject merchandise below normal value during the period of review June 1, 2020, through May 31, 2021.
The U.S. International Trade Commission (USITC)
- The U.S. International Trade Commission (USITC) has received a complaint entitled Certain Marine Air Conditioning Systems, Components Thereof, and Products Containing the Same, DN 3654; 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 October 6, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bell Semiconductor, LLC of Bethlehem, Pennsylvania. Supplements to the complaint were filed on October 21 and 28, 2022. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain.
If you have questions about these updates, contact our Diaz Trade Law attorneys at [email protected] or call us at 305-456-3830.
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