China

On February 4, 2022, the U.S. Department of Commerce published a notice initiating new administrative reviews for antidumping duty (AD) and countervailing duty (CVD) orders with December anniversary dates. Listed below are the countries and products named in the notice:

  1. India
    1. Forged Steel Fittings (A–533–891)
  2. Oman
    1. Circular Welded Carbon-Quality Steel Pipe (A–523–812)
  3. Republic of Korea

On December 23, 2021 President Biden signed H.R. 6256, wide-reaching legislation aimed at preventing the importation of goods “mined, produced or manufactured wholly or in part with forced labor” from China, in particular the Xinjiang Uyghur Autonomous Region (the “XUAR”).  See Text – H.R.6256 – 117th Congress (2021-2022): To ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes. | Congress.gov | Library of Congress.  The bill specifically references cotton, tomatoes and polysilicon, but in fact covers all types of products as well as manufacturers and even companies involved in the recruitment and transport of workers.

The Office of the United States Trade Representative (“USTR”) announced in a notice that 81 COVID specific product exclusions would be extended for an additional 6 months, with all COVID exclusions receiving an additional 16-day transition period. The exclusions on the 81 products was set to expire on November 14, 2021, but will now be pushed back until May 31, 2022, allowing these medical – care products to remain free from additional duties upon importation. The announcement comes after USTR requested public comments on August 27, 2021 on whether the exclusions should be further extended.

In Husch Blackwell’s October 2021 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:

  • The U.S. and EU struck a deal on steel and aluminum tariffs
  • The U.S. Department of Commerce published a new set of AD/CVD regulations governing a multitude of administrative proceedings
  • The Port of

On Sept. 20, the U.S. Department of Commerce published a new set of anti-dumping and countervailing duty regulations governing a multitude of administrative proceedings including:

• Changes to new shipper reviews;
• Scope ruling requests;
• Anti-circumvention inquiries;
• Covered merchandise referrals from U.S. Customs and Border Protection under the Enforce and Protect Act; and

In Husch Blackwell’s September 2021 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:

  • The Court of International Trade issued an order in the Section 301 litigation resolving the steps Plaintiffs will need to take to preserve their rights to receive refunds
  • The United States Environmental Protection

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.

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.

In Husch Blackwell’s August 2021 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:

  • U.S. Customs and Border Protection issued updated guidance for returned goods under HTSUS subheading 9801.00.10
  • Domestic industry filed anti-circumvention cases involving three countries and imports of crystalline silicon photovoltaic (“CSPV”) cells
  • An update

The Petitioners representing the U.S. domestic industry filed new petitions with the U.S. Department of Commerce (“Commerce”) against imports from three countries, Thailand, Vietnam, and Malaysia, alleging that certain Chinese producers are diverting Chinese-origin components through Thailand to undergo minor processing to complete Crystalline Silicon Photovoltaic (“CSPV”) cells and modules subject to the Orders and subsequently to export the merchandise to the United States to avoid AD/CVD duties.  The companies that were named in the circumvention submissions were: