On October 5, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule in the Federal Register that places new controls on software and technology that can potentially be used for manufacturing biological weapons. The rule comes after a decision in May 2021 by the forty-three (43) participant countries
On October 7, 2021, the U.S. Department of Commerce published a notice initiating new administrative reviews for antidumping duty (AD) and countervailing duty (CVD) orders with August anniversary dates. Listed below are the countries and products named in the notice:
On October 6, 2021, Borusan Mannesmann Pipe U.S., Inc. (“Borusan U.S.”), PTC Liberty Tubulars LLC (“PTC”), U. S. Steel Tubular Products, Inc. (“U. S. Steel”), the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (the “USW”), and Welded Tube USA, Inc. (“Welded Tube”) ( “Petitioners”), filed a petition for the imposition of antidumping duties on imports of oil country tubular goods from Argentina, Mexico, and Russia. In addition, the petition alleges that imports of oil country tubular goods from the Republic of Korea and Russia are unfairly subsidized and requests the imposition of countervailing duties.
On October 4, 2021, Ambassador Katherine Tai, the United States Trade Representative, addressed the state of U.S.- China trade relations and the upcoming plans for the Biden Administration to improve foreign trade policy. Since taking office in January, the Administration has spent time reviewing the trade policies put in place under the Trump Administration. There has been little movement until now as to the stance the Biden Administration would take, which created uncertainty regarding U.S. trade policy with China. Speculation grew as many questioned what would happen with the tariffs imposed on Chinese imports (under Section 301), how the administration would address the shortcomings of the “Phase 1” deal, and whether the product exclusion process would be re-instated.
The Department of Commerce’s (“Commerce”) Bureau of Industry & Security (“BIS”) recently issued requests for comment on risks to the information communications and technology (“ICT”) and semiconductor supply chains. These comments are being requested as part of the U.S. government’s broader review of supply chain vulnerabilities (see here, here, and here).
ICT
On October 1, 2021, 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:
AD
On September 29, 2021, the Coalition of Freight Coupler Producers (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on imports of certain freight rail coupler systems and components thereof from the People’s Republic of China.
The United States Environmental Protection Agency (EPA) has finalized a rule intending to reduce the production and consumption of hydrofluorocarbons (HFCs) in the United States by enforcing a cap and phasedown program under the American Innovation and Manufacturing (AIM) Act. According to the EPA, the final rule will phase down U.S. production and consumption of
On September 13, the Biden Administration announced ten nominations to various agencies, including Maria “Marisa” Lago for Under Secretary of Commerce for International Trade at the Department of Commerce (“Commerce”) and Elaine Trevino for Chief Agricultural Negotiator at the U.S. Trade Representative (“USTR”).
On September 8, 2021, after a longstanding dispute, the US Court of International Trade issued an order resolving the steps that Plaintiffs will need to take in order to preserve their rights to receive refunds, in conformance with the injunction that was issued by the court on July 6, 2021. The Government recently conceded that, as a practical matter, it does not have the resources to suspend liquidation on an ongoing basis to comply with the Court’s PI order. As a result, in lieu of suspension, the Government stipulated that it will rely on post-judgment reliquidation or refunds to provide the remedy in the event Plaintiffs’ claims are successful – the very solution that Plaintiffs had been advocating for since the entry of the PI order. As a result, the Court issued the attached Order lifting the PI and TRO and removing the requirement for a CBP repository. Customs will continue liquidating entries in the ordinary course as they have done.