On December 29, 2023, the U.S. Glass Producers Coalition (“GPC” or “Petitioner”) filed a petition for the imposition of antidumping duties on imports of certain glass wine bottles from the People’s Republic of China, the United Mexican States, and Chile as well as the imposition of countervailing duties on imports of certain glass wine bottles
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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…
DHS Adds More Companies to the UFLPA Entity List
The Department of Homeland Security announced on December 8, 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)(ii) of the UFLPA. The UFLPA and its Entity List are explained in more detail in a prior post. …
Petition Summary: Aluminum Lithographic Printing Plates from China and Japan –Petition for Imposition of Antidumping and Countervailing Duties
On September 28, 2023, Eastman Kodak Company (the “Petitioner”) filed a petition for the imposition of antidumping duties on Aluminum Lithographic Printing Plates from China and Japan, as well as the imposition of countervailing duties on Aluminum Lithographic Printing Plates from China.
SCOPE OF THE INVESTIGATION
The following language describes the imported merchandise that Petitioner…
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”).
Petition Summary: Imports of Certain Pea Protein from China
On June 12, 2023, PURIS Proteins, LLC (“Petitioner”) filed a petition for the imposition of antidumping duties and countervailing duties on U.S. imports of certain pea protein from China.
SCOPE OF THE INVESTIGATION
The following language describes the imported merchandise that Petitioner intends to be
included in the scope of these investigations:
The product within…
U.S. and India Agree to terminate Six Outstanding Disputes at The World Trade Organization
On June 22, 2023, the United States Trade Representative (USTR) announced that the United States and India reached an agreement to terminate ongoing disputes at the World Trade Organization (WTO). Additionally, India agreed to remove retaliatory tariffs implemented against certain U.S. products in response to the U.S.’s institution of Section 232 tariffs on steel and…
Bipartisan Group of Senators Calls on Trade Community for Input on Modernizing Customs Laws
On June 13, 2023 a bipartisan group of Senators on the Finance Committee released an open letter requesting input from the trade community on how to modernize U.S. customs laws to ensure the U.S. remains competitive in the global market. The letter highlights four specific topics on which they are seeking feedback: (1) improving trade…
Leveling the Playing Field 2.0 Act of 2023
On June 7, 2023, Senators Sherrod Brown and Todd Young introduced the Leveling the Playing Field 2.0 Act, which would amend that Tariff Act of 1930 to give the U.S. Department of Commerce (“Commerce”) and Customs and Border Protection (“CBP”) broader power to address unfair trade practices. A substantially similar companion bill was introduced in…