In a September 6, 2023 opinion issued by Judge M. Miller Baker in three cases brought under the Court’s residual jurisdiction provision, 28 U.S.C. § 1581(i), the U.S. Court of International
Continue Reading The Court of International Trade Rules that Reliquidation is Available as a Remedy in APA Cases Brought Under the Court’s Residual Jurisdiction Provision
USTR EXTENDS REINSTATED SECTION 301 EXCLUSIONS AND COVID-RELATED SECTION 301 EXCLUSIONS
On September 6, 2023, the United States Trade Representative (“USTR”) announced that it will extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant
Continue Reading USTR EXTENDS REINSTATED SECTION 301 EXCLUSIONS AND COVID-RELATED SECTION 301 EXCLUSIONSBiden Administration Proposes Significant Changes to Section 232 Exclusion Process
On Monday, August 28, 2023, the Bureau of Industry and Security (“BIS”) of the U.S. Department of Commerce issued a Proposed Rule that, if implemented, would make significant changes to
Continue Reading Biden Administration Proposes Significant Changes to Section 232 Exclusion ProcessCommerce Issues Final Determination on Circumvention of Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam
On August 18, 2023, the Department of Commerce (“Commerce”) announced its final determination that certain solar cells and modules exported from Cambodia, Malaysia, Thailand, and Vietnam are circumventing the antidumping
Continue Reading Commerce Issues Final Determination on Circumvention of Solar Cells and Modules from Cambodia, Malaysia, Thailand, and VietnamGovernment Agencies Request More Resources for Forced Labor/UFLPA Cases
On July 26, 2023, the Forced Labor Enforcement Task Force (“FLETF”) issued the first annual update to its guidelines for enforcing the Uyghur Forced Labor Prevent Act (“UFLPA”) in a
Continue Reading Government Agencies Request More Resources for Forced Labor/UFLPA CasesDHS Adds More Companies to the UFLPA Entity List
The Department of Homeland Security announced on August 1, 2023, that it is adding three entities to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List, the consolidated register of four lists required by section 2(d)(2)(B) of the UFLPA.Continue Reading DHS Adds More Companies to the UFLPA Entity List
Federal Circuit Rules that in EAPA Proceedings CBP Must Release Business Confidential Information It Relies Upon to Importers and Has Inherent Authority to Issue an Administrative Protective Order
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”).Continue Reading Federal Circuit Rules that in EAPA Proceedings CBP Must Release Business Confidential Information It Relies Upon to Importers and Has Inherent Authority to Issue an Administrative Protective Order
DHS Adds More Companies to the UFLPA Entity List
On June 9, 2023, the Forced Labor Enforcement Task Force (FLETF), led by the Department of Homeland Security (DHS), added two companies based in the People Republic of China (PRC)
Continue Reading DHS Adds More Companies to the UFLPA Entity ListCBP Releases New Resources for UFLPA Enforcement & Applicability Reviews
On February 23, 2023, U.S. Customs and Border Protection (“CBP”) released new guidance for importers seeking admissibility of goods under the Uyghur Forced Labor Prevention Act (“UFLPA”). The three guidance
Continue Reading CBP Releases New Resources for UFLPA Enforcement & Applicability ReviewsPossible Forced Labor Enforcement Remedies on Aluminum Products
Recent reports indicate that aluminum is now being targeted for actions against forced labor under the Uyghur Forced Labor Prevention Act (“UFLPA”). Though U.S. Customs and Border Protection (“CBP”) has
Continue Reading Possible Forced Labor Enforcement Remedies on Aluminum ProductsDepartment of Commerce Sets Deadlines for Certifications in Solar Panels Anti-Circumvention Case Regarding Cambodia, Malaysia, Thailand and Vietnam
On December 8, 2022, the Department of Commerce published its anti-circumvention preliminary determination with respect to the four Southeast Asian countries named above. The publication of the preliminary determination triggers
Continue Reading Department of Commerce Sets Deadlines for Certifications in Solar Panels Anti-Circumvention Case Regarding Cambodia, Malaysia, Thailand and Vietnam