The U.S. International Trade Commission (ITC) announced on October 11, 2019 the opening of its system for accepting petitions for tariff relief under the American Competitiveness Act of 2016 (commonly referred to as the Miscellaneous Tariff Bill or MTB). The MTB allows U.S. importers to petition for duty-free or reduced-duty treatment of imported products that
Commerce Adds 28 Chinese Organizations to BIS Entity List
On October 7, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it would add twenty eight (28) Chinese entities consisting of companies, government offices, and security bureaus to the Entity List for engaging in or enabling activities contrary to U.S. foreign policy interests. Similar to the actions taken against
September 2019 Trade Law Update
In Husch Blackwell’s September 2019 Trade Newsletter you’ll find international trade and supply chain updates including presidential actions, U.S. Department of Commerce Decisions, U.S. International Trade Commission Proceedings, U.S. Customs & Border Protection Decisions, Court of International Trade Decisions, Federal Court of Appeals Decisions, and Export Controls and Sanctions.
If you have questions about September’s
August Trade Newsletter: Export Controls and Sanctions
In May of 2019, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) added Chinese telecommunications giant Huawei Technologies Co. Ltd. (“Huawei”) and sixty-eight of its affiliated companies to BIS’s Entity List. These designations prohibit anyone, anywhere
August Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
On August 1, 2019, the CIT remanded Commerce’s remand redetermination in the administrative review of carbon and certain alloy steel wire rod from Mexico. The court found that Commerce’s remand results did not comply with the court’s order and the decision by Commerce to apply a 40.52% AFA-rate to Plaintiff Deacero is unsupported by substantial evidence.
On August 1, 2019, the court sustained Commerce’s remand redetermination in the first administrative review of steel concrete reinforcing bar from Mexico. The CIT found that Commerce’s decision not to collapse six non-producing fixed asset owning companies on remand complied with the court’s order and was supported by substantial evidence. Additionally, Commerce’s reliance on the cost experiences of the collapsed fixed asset owners to value the non-collapsed companies and decision not to apply total or partial facts available with an adverse inference to the respondent were sustained.
August Trade Law Update: U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Magnesium from Israel: On August 5, 2019, the ITC released the schedule of the final phase of Countervailing Duty and Antidumping Duty Investigations.
- Fresh Tomatoes from Mexico: On August 7, 2019, the ITC released the schedule of the final phase of the Antidumping Duty Investigation.
- Steel Propane Cylinders from the People’s Republic of China and Thailand: On August 9, 2019, the ITC released the final determinations for both the Antidumping Duty and Countervailing Duty Investigations.
- Vertical Metal File Cabinets from the People’s Republic of China: On August 21, 2019, the ITC released the schedule of the final phase of the Countervailing Duty and Antidumping Duty Investigations.
- Glycine from Thailand: On August 21, 2019, the ITC announced in its final determination that it would be terminating the Countervailing Duty Investigation.
- Glycine from Thailand: On August 23, 2019, the ITC announced the final schedule of the final phase of the Antidumping Duty Investigation.
- Acetone from Belgium, Korea, Singapore, South Africa, and Spain: On August 26, 2019, the ITC released the schedule of the final phase of the Antidumping Duty Investigation.
- Carbon and Alloy Steel Threaded Rod from the People’s Republic of China, India, Taiwan, and Thailand: On August 27, 2019, the ITC released the schedule of the final phase of the Countervailing Duty and Antidumping Duty Investigations.
- Steel Trailer Wheels from the People’s Republic of China: On August 28, 2019, the ITC announced in its final determination that imports of the subject merchandise have caused material injury to a U.S. industry.
August Trade Law Update: U.S. Department of Commerce Decisions
Investigations
- Glycine from Thailand: On August 5, 2019, Commerce released its final negative Countervailing Duty determination and final negative Critical Circumstances determination.
- Glycine from Thailand: On August 5, 2019, Commerce released its final determination in the Antidumping Duty Investigation and final affirmative determination of Critical Circumstances in Part.
- Aluminum Extrusions from the People’s Republic of China: On August 12, 2019, Commerce announced the final affirmative determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders.
- Steel Propane Cylinders from the People’s Republic of China and Thailand: On August 15, 2019, Commerce released the amended final determinations in the Antidumping Duty Investigation.
- Refillable Stainless Steel Kegs from Mexico: On August 19, 2019, Commerce released the final affirmative determination in the Antidumping Duty Investigation and final determination of Critical Circumstances.
- Certain Polyester Staple Fiber from the Republic of Korea: On August 28, 2019, Commerce issued a notice of the final results of the Antidumping Duty Changed Circumstances Review.
August Trade Law Update: Presidential Actions
President Trump Announces Tariffs on $300 Billion of Chinese Products
On Thursday, August 1, 2019, President Trump announced via twitter an additional 10% tariff on $300 billion worth of Chinese products (“List 4”). This is the fourth round of tariffs in the ongoing trade war between the U.S. and China. The List 4 tariffs were proposed on May 13, 2019 (see our previous post here).
President Trump indicated that the tariffs will begin on September 1, 2019 at a 10% duty rate and come as a result of China not purchasing large quantities of U.S. agricultural products and its continued sales of fentanyl. To see the full post on President Trump’s tariffs, click here.
President Trump Announces Increases to Tariff Rate on Products from China
On August 23, 2019, President Trump announced via Twitter that the tariff rates on Lists 1, 2, and 3, worth approximately $250 billion worth of goods imported from China, will increase from 25% duty to 30% beginning October 1, 2019. Additionally, the President indicated that the tariff rate on the List 4 tariffs currently set to begin on September 1 will increase to 15% from 10%. It is unclear if the tariffs currently set to go into effect on December 15 will also be increased to 15%.
BIS Extends Huawei Temporary General License with Major Changes and Adds New Affiliates to Entity List
In May of 2019, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) added Chinese telecommunications giant Huawei Technologies Co. Ltd. (“Huawei”) and sixty-eight of its affiliated companies to BIS’s Entity List. These designations prohibit anyone, anywhere in the world from exporting, re-exporting or making an in-country transfer of “items subject to the EAR” to the listed Huawei Companies (“Items subject to the EAR” generally consist of US-origin commodities, software or technology, items produced outside the US which include qualifying US-origin content and items that are physically present in or transiting through the US). Shortly after making these designations, BIS issued a Temporary General License which authorized limited ongoing transactions with Huawei to support existing networks and Huawei equipment and handsets.