International Trade Remedies

The Office of the U.S. Trade Representative (“USTR”) issued two (2) new product exclusions pertaining to the Section 301 List 3 tariffs.  The current tariff is 25%.  The new exclusions include 2 specific product descriptions that together cover 2 separate exclusion requests.  According to the USTR, the product exclusions apply retroactively from September 24, 2018

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.

On September 25, 2019, Petitioner American Glass Packaging Coalition filed a petition for the imposition of antidumping and countervailing duties on imports of Certain Glass Containers from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The merchandise covered by this investigation are certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid

On July 8, 2019, Petitioners Advanced Extrusion Inc. (“Advanced Extrusion”), Ex-Tech Plastics, Inc. (“Ex-Tech”), and Multi-Plastics Extrusions, Inc. (“Multi-Plastics”) filed a petition for the imposition of antidumping duties on imports of Polyethylene Terephthalate (PET) Sheet from Korea, Mexico and Oman.

On May 28, 2019, Commerce published in the Federal Register a notice of proposed action and modification of regulations regarding the benefit and specificity in Countervailing Duty Proceedings to address the issue of currency undervaluation in CVD proceedings.  The new regulation will authorize the use of countervailing duties on imports of goods from countries that “undervalue” their currency relative to the U.S. dollar.  While this is still a proposed rule, interested parties may comment on this modification no later than June 27, 2019.