China

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:

Earlier this month, the US Government updated its ongoing response to what the Department of Commerce (“Commerce”) described as “Beijing’s campaign of repression, mass detention, and high-technology surveillance against Uyghurs, Kazakhs, and members of other Muslim minority groups in the Xinjiang Uyghur Autonomous Regions of China (“XUAR”), where the [People’s Republic of China] continues to

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

  • Biden Administration took recent actions related to products from China’s Xinjiang region
  • US-EU announced a cooperative framework suspending Large Civil Aircraft tariffs and addressing non-market practices in the civil aircraft sector
  • White House

The Biden Administration has taken new actions related to forced labor in the Xinjiang region that may affect the supply for material critical for solar panels: U.S. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO), the Department of Commerce (Commerce) updated its Entity List, and the Department of Labor (Labor) updated its “List of Goods Produced by Child Labor or Forced Labor.”  These updates are part of an increased emphasis on both forced labor issues and a crackdown on goods from China’s Xinjiang province, and come on the heels of the G7 Summit that was held in mid-June.  The White House indicated that the Administration’s actions are a “translation” of the commitments made at the G7 denouncing forced labor in the Xinjiang region.

President Biden issued Executive Order (“EO”) 14017 titled “America’s Supply Chains” on February 24, 2021, ordering 100-day and 1-year reviews of certain critical supply chains.  On June 8, 2021, a final report was published, officially marking the end of the 100-day reviews under EO 14017.  The reviews assessed risks posed to the following critical supply