The U.S. Department of Commerce’s (Commerce) Steel Import Monitoring and Analysis System (SIMA) will be modified effective October 13, 2020 to require that the country where the steel was “melted and poured” to be identified in the license application. Other changes in the final rule published on September 11, 2020, include adding coverage for eight
September 2020
D.C. Federal Judge Rules EAR Does Not Infringe FedEx’s Rights
A federal judge for the U.S. District Court for the District of Columbia dismissed FedEx Corporation’s challenge to the U.S. Department of Commerce’s (Commerce) Export Administration Regulations (EAR). Specifically, FedEx challenged the EAR requirements for global couriers to either verify the contents of its packages or to cease business with certain foreign entities, such as…
Court of International Trade Receives its First Complaint Against Section 301 China Tariffs
On September 10, 2020, HMTX Industries LLC, along with Halstead New England Corporation, and Metroflor Corporation (importers of vinyl tile) filed a complaint (Ct. No. 20-00177) at the Court of International Trade (CIT) challenging both the substantive and procedural processes followed by the United States Trade Representative (USTR) when instituting Section 301 Tariffs on imports…
CBP Proposes Rule to Eliminate Section 321 Exemption for Imports Subject to Section 301 Tariffs
U.S. Customs and Border Protection (“CBP”) is preparing a regulatory change that would eliminate the $800 de minimis exemption for imports subject to Section 301 tariffs, according to a proposed rule submitted by CBP to the Office of Management and Budget (“OMB”) on September 2, 2020. Reviews of the proposed rule by OMB and an interagency review are the final steps before the publication of a final rule in the Federal Register.
BIS Seeks Comments on Identifying “Foundational Technologies”
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently published an Advanced Notice of Proposed Rulemaking (“ANPRM”) regarding the identification and review of controls for certain “foundational technologies.” This ANPRM represents another step toward implementation of the “emerging and foundational technology” provisions set forth in the Export Control Reform Act (“ECRA”) of…
USTR, DOC, and Department of Agriculture Issue Plan to Investigate Foreign Imports of Certain Perishable Produce
On September 1, 2020 the Office of the United States Trade Representative (USTR), Department of Agriculture, and Department of Commerce issued a 32-page report outlining the Trump Administration’s plan to address increased foreign imports of perishable fruits and vegetables. Following the public hearings held in August, the Administration published this report in hopes to open a dialogue with senior Mexican Government officials over the next 90 days regarding specific produce.
Commerce Initiates New Administrative Reviews on AD/CVD Orders
On September 3, 2020, the U.S. Department of Commerce published a notice initiating new Administrative Reviews for antidumping duty (AD) and countervailing duty (CVD) orders with mostly July anniversary dates, but some other dates as well. Listed below are the countries and products named in the notice:
- Belgium: Citric Acid and Certain Citrate Salts (A-423-813)
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August 2020 Trade Law Update
In Husch Blackwell’s August 2020 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:
- Commerce proposed modifications to AD/CVD laws to strengthen enforcement
- EU lifted tariffs on U.S. lobsters; U.S. agreed to limited tariff rollback on certain products
- USTR revised list of EU imports subject to Section
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Opportunity to Request Administrative Review
On September 1, 2020, Commerce announced in the Federal Register the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties. In addition to administrative reviews, Commerce has included an opportunity to request a new suspension agreement proceeding pertaining to fresh tomatoes from Mexico.
