Effective April 17, 2024, U.S. Customs and Border Protection (“CBP”) has amended its regulations implementing the Enforce and Protect Act of 2015 (“EAPA”), a statute granting increased authority to investigate allegations of evasion of antidumping and countervailing duty (“AD/CVD”) orders. The amendments were issued in a final rule of March 18, 2024, and they are
Customs
Petition Summary: Ferrosilicon from Federative Republic of Brazil, the Republic of Kazakhstan, Malaysia, and the Russian Federation
On March 28, 2024, CC Metals and Alloys, LLC (“CCMA”) and Ferroglobe USA, Inc.(“Ferroglobe”) (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on ferrosilicon from the Federative Republic of Brazil (“Brazil”), the Republic of Kazakhstan (“Kazakhstan”), Malaysia, and the Russian Federation (“Russia”).
SCOPE OF THE INVESTIGATION
The following language describes…
CBP Further Defines Customs Business in New Ruling
A recent ruling analyzed whether certain functions performed in preparation for filing an entry with U.S. Customs and Border Protection (“CBP”) arise to the level of “Customs Business” that must be performed by a licensed broker. Ruling HQ H326926, issued to Heizwerthy Customs & Freight Solutions (“Heizwerthy”), states that allowing an unlicensed company to extract…
Section 301 Exclusion Update
On December 26, 2023, the United States Trade Representative (“USTR”) announced that it will further extend 352 reinstated exclusions and 77 COVID-related exclusions to duties imposed on goods from China pursuant to Section 301 of the Trade Act of 1974 until May 31, 2024. USTR imposed Section 301 duties in four tranches or “lists,” and…
Customs Modernization Bill Addresses Trade Reform
On December 8, 2023, Senators Bill Cassidy and Sheldon Whitehouse introduced a new version of the Customs Modernization bill to amend the Tariff Act of 1930. The new proposal comes over two years after Senator Cassidy initially proposed draft legislation, which we explained in a prior post. The most recent proposed bill aims to…
Government 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 Report to Congress titled “2023 Updates to the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s…
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.
International Trade Law: 2022 Year in Review & Outlook for 2023
We are pleased to announce that our team’s fourth-annual international trade law year-in-review report was published just before the New Year. In it, we take a detailed look at how 2022 played out and explore how 2023 might develop. As companies continue to work through the challenges associated with supply chain dislocations, geopolitical turmoil, and…
Commerce Initiates 5-Year Sunset Reviews
On September 1, 2022, the U.S. Department of Commerce published a notice that it is automatically initiating five-year Sunset Reviews for antidumping duty (AD) and countervailing duty (CVD) orders from:
Opportunity to Request Administrative Review
On September 1, 2022, the Department of Commerce (“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. The products and countries that have been listed in the Federal Register notice are the following: