On April 28, 2020, the Federal Maritime Commission (“Commission “or “FMC”) released the long-awaited interpretive rules in Docket No. 19-05 relating to how ocean common carriers may lawfully apply demurrage and detention charges to exporters, importers, and ocean transportation intermediaries, including Customs brokers in certain circumstances and still be compliant with the “reasonableness” requirement of
April 2020 Trade Law Update
In Husch Blackwell’s April 2020 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:
- Commerce Dept. Proposes New Aluminum Import Licensing System
- USMCA Set to Take Effect July 1, 2020
- U.S. Treasury and U.S. CBP Announce 90-Day Duty Postponement due to COVID-19
- An update on U.S. Department
Opportunity to Request Administrative Review
On May 1, 2020, 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. As part of this annual review process, Commerce intends to select respondents based on U.S. Customs and Border Patrol (CBP) data for U.S. imports during the
DOJ Takes Unusual Step to Submit Comments in Antidumping and Countervailing Duty Investigation on Mattresses from Vietnam, Thailand, Turkey, Serbia, Malaysia, Indonesia, and Cambodia, and China
The Department of Justice (“DOJ”) filed comments in the U.S. International Trade Commission’s (“ITC”) investigation on whether imports of mattresses from multiple countries are causing injury to the domestic mattress industry. The petition was filed on March 31, 2020, and the Commerce Department initiated the investigations on April 22, 2020. In an unusual step, the
Commerce Department Proposes New Aluminum Import Licensing System
On April 29, 2020, the Commerce Department (“Commerce”) published a notice in Federal Register announcing that it is proposing new regulations that would establish an Aluminum Import Monitoring and Analysis System. The program appears to be modeled after the Steel Import Monitoring and Analysis (“SIMA”) System which has been in place since 2005. Under the
U.S. Customs and Border Protection Issues FAQ Guidance on PPE Exports
Following an April 10 temporary final rule restricting the export of personal protective equipment (PPE) and an April 21 Notice of Exemptions from the Federal Emergency Management Agency (FEMA), U.S. Customs and Border Protection (CBP) has now issued a set of Frequently Asked Questions (FAQs) regarding the export of PPE. The FAQs, available here,
United States–Mexico–Canada Agreement (USMCA) Set to Take Effect July 1, 2020
On April 24, 2020, U.S. Trade Representative Robert Lighthizer notified Congress that Mexico and Canada had taken the necessary additional measures to comply with their commitments under the United States–Mexico–Canada Agreement (USMCA). The U.S. also notified the governments of Mexico and Canada that the U.S. had completed its domestic procedures to implement the USMCA. Mexico
USTR Announces New Section 301 Product Exclusions for List 3
On April 22, 2020, the United States Trade Representative (“USTR”) issued new product exclusions pertaining to the 25% Section 301 List 3 Tariffs. The new list of exclusions includes one 10-digit HTSUS subheading (8424.90.9080 covering parts of certain projecting, dispersing or spraying devices) and 107 specially prepared product descriptions corresponding to a particular HTSUS subheading.
U.S. Customs and Border Protection Provides FAQs Regarding 90-Day Duty Postponement
As stated in our earlier post, the Secretary of the Treasury and U.S. Customs and Border Protection (CBP) have postponed the deadline for payment for the deposit of certain estimated duties, taxes, and fees for importers experiencing a significant financial hardship due to the coronavirus disease (COVID-19) for up to 90 calendar days.
CBP
USITC Votes to Continue Investigations Concerning Common Alloy Aluminum Sheet from Various Countries
On April 22, 2020, the United States International Trade Commission (“USITC”) unanimously determined that there was reasonable indication that a U.S. industry is materially injured by reason of imports of common alloy aluminum sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey