July 2023

In an opinion issued on July 27, 2023, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that U.S. Customs and Border Protection (“CBP”) violated an importer’s due process rights by denying access to business confidential information relied on in making its final evasion determination under the Enforce and Protect Act of 2015 (“EAPA”). This decision marks a major victory for importers and foreign producers accused of transshipments and other forms of evasion, and it has significant implications for enforcement actions brought by CBP under EAPA and other statutory regimes, such as the Uyghur Forced Labor Protection Act (“UFLPA”).

            On July 28, 2023, Brooklyn Bedding LLC; Carpenter Co., Corsicana Mattress Company; Future Foam, Inc.; FXI, Inc.; Kolcraft Enterprises, Inc.; Leggett & Platt, Incorporated; Serta Simmons Bedding, LLC; Southerland, Inc.; Tempur Sealy International; the International Brotherhood of Teamsters, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International…

In Husch Blackwell’s June 2023 Trade Law Update you’ll learn about the following updates in international trade and supply chain law:

  • An update on U.S. Department of Commerce decisions
  • U.S. International Trade Commission – Section 701/731 proceedings
  • Customs and Border Protection case summaries
  • Summary of decisions from the Court of International Trade

Should you have…

On June 12, 2023, PURIS Proteins, LLC (“Petitioner”) filed a petition for the imposition of antidumping duties and countervailing duties on U.S. imports of certain pea protein from China.

SCOPE OF THE INVESTIGATION

The following language describes the imported merchandise that Petitioner intends to be

included in the scope of these investigations:

The product within…

On June 22, 2023, the United States Trade Representative (USTR) announced that the United States and India reached an agreement to terminate ongoing  disputes at the World Trade Organization (WTO). Additionally, India agreed to remove retaliatory tariffs implemented against certain U.S. products in response to the U.S.’s institution of Section 232 tariffs on steel and…

On June 13, 2023 a bipartisan group of Senators on the Finance Committee released an open letter requesting input from the trade community on how to modernize U.S. customs laws to ensure the U.S. remains competitive in the global market. The letter highlights four specific topics on which they are seeking feedback: (1) improving trade…