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 Cases
DHS 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
Petition Summary: Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China and the United Mexican States
On September 28, 2022, the Coalition of Freight Coupler Producers (“CFCP” or “Petitioner”), filed a petition for the imposition of antidumping duties pursuant to section 731 of the tariff act
Continue Reading Petition Summary: Certain Freight Rail Couplers and Parts Thereof from the People’s Republic of China and the United Mexican StatesU.S. and Brazil Update Agreement to Increase Transparency and Combat Corruption
The United States and Brazil signed a new protocol on anti-corruption and trade facilitation as an update to the existing 2011 Agreement on Trade and Economic Cooperation (ATEC). According to
Continue Reading U.S. and Brazil Update Agreement to Increase Transparency and Combat Corruption
ITC Finds That Glass Containers from China Do Not Injure U.S. Industry
The U.S. International Trade Commission (“ITC”) found on October 20, 2020 that glass containers from China do not injure the U.S. industry, and thus made a negative determination in the
Continue Reading ITC Finds That Glass Containers from China Do Not Injure U.S. Industry
Commerce Issues Preliminary CVD Determination on Prestressed Concrete Steel Wire Strand from Turkey
On September 14, 2020, the U.S. Department of Commerce announced its preliminary countervailing duty determination finding that imports of prestressed concrete steel wire strand from Turkey were unfairly subsidized by
Continue Reading Commerce Issues Preliminary CVD Determination on Prestressed Concrete Steel Wire Strand from Turkey
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.
Continue Reading USTR, DOC, and Department of Agriculture Issue Plan to Investigate Foreign Imports of Certain Perishable Produce
Commerce Proposes Modifications to AD/CVD Laws to Strengthen Enforcement
The U.S. Department of Commerce (“Commerce”) announced in a Federal Register notice that it is proposing significant changes to its antidumping and countervailing duty regulations. The last time such sweeping changes were undertaken were in 1997 after the WTO went into effect. Commerce is requesting comments on the proposed changes by September 14, 2020.
Among the most significant changes outlined in Commerce’s proposal are the changes to its conduct of scope proceedings, which determine whether a certain product is subject to the scope of an AD or CVD order; and to circumvention proceedings where importers are alleged to be avoiding duties, often by using components from the subject country to assemble the product in another country not subject to the relevant AD/CVD order. Currently, both types of proceedings are governed by the same set of regulations in 19 C.F.R. §351.225. Commerce’s proposal would separate the two proceedings into unique regulatory frameworks.
Continue Reading Commerce Proposes Modifications to AD/CVD Laws to Strengthen Enforcement
Update: Goods from Hong Kong and China Tariffs
On August 10, 2020 Customs issued a notice announcing that goods produced in Hong Kong and exported to the U.S. must now be marked as a product of China (e.g.,
Continue Reading Update: Goods from Hong Kong and China Tariffs
CBP Issues Marking Guidance for Goods Produced in Hong Kong
On August 10, 2020, U.S. Customs & Border Protection (CBP) issued a notice that goods produced in Hong Kong will need to be marked as a product of China starting on September 25, 2020. The marking changes are the result of the July 14, 2020 Executive Order on Hong Kong Normalization that ended Hong Kong’s special trade status.
Continue Reading CBP Issues Marking Guidance for Goods Produced in Hong Kong