On January 27, 2021, Daikin America, Inc. (“Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on granular polytetrafluoroethylene resin from India and Russia.
Commerce Publishes Interim Final Rule Addressing “Foreign Adversaries” in ICTS Supply Chain
On January 19, 2021, the U.S. Department of Commerce (Commerce) published a long-awaited interim final rule to address the use of goods or services sourced from “foreign adversaries” in the U.S. supply chain for information communications technology and services (ICTS) transactions. When the interim final rule (ICTS Rules) take effect on March 20, 2021, they will enable the U.S. Secretary of Commerce (the Secretary) to block any ICTS transaction involving goods or services designed, developed, manufactured or supplied from “foreign adversaries” or companies organized in a “foreign adversary” country, conducting operations in a “foreign adversary” country or otherwise subject to the direction or control of a “foreign adversary.” These rules will have especially broad application, but Commerce has also indicated that it will continue to accept comments on the rules for the next 60 days. Commerce will also publish procedures for a “safe harbor” licensing program within the next 60 days and will then implement that licensing program within the next 120 days. Therefore, concerned parties still have an opportunity to submit feedback on the ICTS Rules and also have some remaining time to evaluate whether their transactions or activities might require licensing from Commerce.
CBP Issues Region-Wide WRO Against Cotton Products and Tomato Products from Xinjiang
On January 13, 2021, U.S. Customs and Border Protection (“CBP”) issued a region-wide Withhold Release Order (“WRO”) against cotton products and tomato products originating from Xinjiang Uyghur Autonomous Region (“Xinjiang”) in China. The WRO also applies to all products made in whole or in part from Xinjiang cotton and tomatoes, regardless of where those downstream
BIS Amends EAR to Implement Rescission of Sudan’s State Sponsor of Terrorism Designation
On January 14, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) announced that it has amended the Export Administration Regulations (“EAR”) to formally implement the rescission of Sudan’s designation as a State Sponsor of Terrorism (“SSOT”), which was rescinded by the Secretary of State on December 14, 2020. BIS has amended
Petition Summary: R-125 (Pentafluoroethane) from the People’s Republic of China
On January 12, 2021, Honeywell International (“Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on imports of R-125 (Pentafluoroethane) from the People’s Republic of China.
Commerce Initiates New Administrative Reviews on AD/CVD Orders
On January 6, 2021, the U.S. Department of Commerce published a notice initiating new administrative reviews for antidumping duty (AD) and countervailing duty (CVD) orders with November anniversary dates. Additionally, the notice announces the initiation of a new suspension agreement proceeding for fresh tomatoes from Mexico. Listed below are the countries and products named in
USTR Suspends Section 301 DST Tariffs on Handbags and Cosmetics from France
The U.S. Trade Representative (“USTR”) is indefinitely suspending the Section 301 tariffs on certain handbags and cosmetics from France resulting from the investigation into France’s Digital Services Tax (“DST”). These additional tariffs were announced by USTR in July 2020 and were scheduled to go into effect on January 6, 2021. USTR is suspending the tariffs
Opportunity to Request Administrative Review
On January 5, 2021, 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 Certain Cut-to-Length Carbon Steel Plate from Russia.
Crackdown on Evasion of Chinese Antidumping Duty Orders Through Criminal and Civil Action in the United States
On December 11, 2020, U.S. Customs and Border Protection (CBP), through the U.S. Department of Justice, filed a civil action in the U.S. Court of International Trade (“CIT”) in New York, United States v. Winland International, Inc. et al. The government alleges false statement to avoid paying the correct antidumping (“AD”) rates and instead declaring inappropriate combination rates apply, as well as undervaluation of the goods, certain types of tires. Fourteen individuals, as well as the company are named in the civil case at the CIT. The press release of the U.S. Department of Justice states that the alleged violations total at least $6.5 million in lost import duty deposits.
December 2020 Trade Law Update
In Husch Blackwell’s December 2020 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:
- USTR announced the first USMCA enforcement action to address Canada’s tariff-rate quotas for dairy products
- The USITC began monitoring imports of strawberries and bell peppers at USTR’s request
- The United Kingdom and European