On January 12, 2021, Honeywell International (“Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on imports of R-125 (Pentafluoroethane) from the People’s Republic of China.
Crackdown on Evasion of Chinese Antidumping Duty Orders Through Criminal and Civil Action in the United States
On December 11, 2020, U.S. Customs and Border Protection (CBP), through the U.S. Department of Justice, filed a civil action in the U.S. Court of International Trade (“CIT”) in New York, United States v. Winland International, Inc. et al. The government alleges false statement to avoid paying the correct antidumping (“AD”) rates and instead declaring inappropriate combination rates apply, as well as undervaluation of the goods, certain types of tires. Fourteen individuals, as well as the company are named in the civil case at the CIT. The press release of the U.S. Department of Justice states that the alleged violations total at least $6.5 million in lost import duty deposits.
Commerce Finds Dumping and Countervailable Subsidization of Wood Mouldings and Millwork Products from China
On December 29, 2020, the U.S. Department of Commerce (“Commerce”) announced its final determinations in the antidumping (“AD”) and countervailing duty (“CVD”) investigations of imports of wood mouldings and millwork products from Brazil (AD only) and China (AD and CVD). Commerce made a negative final determination in the Brazil investigation, while its determinations for the China investigations were affirmative. See the fact sheet for a summary the final cash deposit rates and margins.
BIS Adds Over 70 New Entities to the Entity List, Including SMIC
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) has issued a final rule amending the Export Administration Regulations (“EAR”) to add 77 entities to the Entity List. This rule took effect on Friday, December 18, 2020 when BIS made a copy available for public inspection on the Federal Register website.
As a
OFAC Sanctions CEIEC for Its Support to Venezuela Regime
The U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) has sanctioned CEIEC (China National Electronic Import-Export Company), a Chinese technology exporter, for its alleged support to the Maduro government in Venezuela. As a result of CEIEC’s addition to OFAC’s Specially Designated Nationals List, all property and interests belonging to CEIEC, or any entity
TikTok Legal Drama Continues to Unfold Across Multiple Courtrooms and Federal Agencies
The Trump Administration has encountered further setbacks in its efforts to prevent Chinese company ByteDance Ltd. (“ByteDance”) from providing its popular social media app TikTok in the U.S. For background:
- On August 6, 2020, President Trump issued Executive Order 13942 (“EO 13942”) which: (i) determined that ByteDance’s ownership of TikTok threatened U.S. national security, and
Executive Order Prohibits U.S. Persons from Investing in “Communist Chinese Military Companies”
President Trump issued an Executive Order (“E.O.”) on November 12, 2020 titled “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The E.O., which will be published in the Federal Register on November 17, 2020 and will take effect on January 11, 2021 at 9:30 eastern standard time, designates thirty one (31)
BIS Amends License Review Policy for National Security Controlled Items Destined for China, Venezuela, and Russia
The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a final rule effective October 29, 2020 amending Section 742.4(b)(7) of the Export Administration Regulations (“EAR”) to revise the license review policy for items controlled for National Security reasons (“NS items”) destined for the People’s Republic of China (“China”), Venezuela, or the Russian
ITC Finds That Glass Containers from China Do Not Injure U.S. Industry
The U.S. International Trade Commission (“ITC”) found on October 20, 2020 that glass containers from China do not injure the U.S. industry, and thus made a negative determination in the final phase of the antidumping duty (“AD”) investigation. The ITC’s negative AD determination follows its negative countervailing duty (“CVD”) determination that was published in the
Secretary of State Submits Hong Kong Autonomy Act Report to Congress; OFAC Publishes FAQs
On October 14, 2020, the U.S. Secretary of State, pursuant to section 5(a) of the Hong Kong Autonomy Act (“HKAA”), submitted a report to Congress identifying foreign persons who are “materially contributing to, have materially contributed to, or attempt to materially contribute to the failure of the People’s Republic of China (“PRC”) to meet its