The Trump Administration issued its Executive Order on Regulatory Relief to Support Economic Recovery (the “EO”) on May 19, 2020 (Executive Order). The EO seeks to remedy the economic impact of the ongoing COVID-19 pandemic by removing certain administrative barriers and providing flexibility in the implementation and enforcement of other administrative provisions and
U.S. Customs and Border Protection Issues FAQ Guidance on PPE Exports
Following an April 10 temporary final rule restricting the export of personal protective equipment (PPE) and an April 21 Notice of Exemptions from the Federal Emergency Management Agency (FEMA), U.S. Customs and Border Protection (CBP) has now issued a set of Frequently Asked Questions (FAQs) regarding the export of PPE. The FAQs, available here,
U.S. Customs and Border Protection Provides FAQs Regarding 90-Day Duty Postponement
As stated in our earlier post, the Secretary of the Treasury and U.S. Customs and Border Protection (CBP) have postponed the deadline for payment for the deposit of certain estimated duties, taxes, and fees for importers experiencing a significant financial hardship due to the coronavirus disease (COVID-19) for up to 90 calendar days.
CBP
U.S. Treasury Department and U.S. Customs and Border Protection Announce 90-Day Duty Postponement due to COVID-19
On April 20, 2020, the Secretary of the Treasury and U.S. Customs and Border Protection (CBP) announced via the CBP Customs Service Messaging System (CSMS #4243171) that they would be postponing the deadline for payment for the deposit of certain estimated duties, taxes, and fees for importers who have experienced a “significant financial hardship” due
Customs Creates New Imports Web Portal for Inquiries Related to COVID-19
U.S. Customs and Border Protection (“CBP”) announced in CSMS #42364745, issued April 14, 2020, that due to the high volume of inquiries the agency is migrating from its COVID-19 Relief Imports email address to the COVID-19 Relief Imports Web Portal, which is designed to address inquiries related to the importation of medical supplies to
CBP is Focusing on Shipments of COVID-19 Response Materials to Identify Spurious Goods and Expedite Legitimate Shipments
On March 24, 2020 the New York Field Office of Customs and Border Protection (CBP) issued Informational Pipeline 20-001-NYFO concerning Imports of Pandemic Response Materials in response to increased COVID-19 cases in the greater New York City area and across the nation. The Pipeline indicated that many of these shipments are legitimate, but also noted
Customs Providing Immediate Short Term Duty Deferrals to Approved Importers Working to Provide Longer Term Relief to the Importing Community
Short term case-by-case relief to approved importers: On Friday, March 20, 2020 at 4:52 PM Customs issued the following message:
Due to the severity of Novel Coronavirus Disease (COVID-19), U.S. Customs and Border Protection (CBP) will approve on a case by case basis additional days for payment of estimated duties, taxes and fees due to
July Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
19-79
On July 1, 2019, in the ongoing antidumping and countervailing duty orders on aluminum extrusions from the People’s Republic of China, the Court concluded that jurisdiction over this action exists because Plaintiff Perfectus’s complaint seeking review of the scope ruling was filed within thirty days of the mailing by post of that ruling as required by statute and was therefore timely and the Court sustains Commerce’s finding that the pallet products fall within the plain language of the scope of the Orders.
19-80
On July 2, 2019, in the classification case of stringed light sets, the Court granted Plaintiff Target’s motion for summary judgment and denied the Defendant’s cross-motion. The CIT concluded that the subject merchandise based on the principal of use and commercial fungibility with other products was incorrectly classified by Customs. In the Opinion, the CIT stated, “there can be no genuine issue of material fact that the lighting sets at issue are not principally used as Christmas tree lights and are not fungible with Christmas tree lights.”
July Trade Law Update: U.S. International Trade Commission and U.S. Customs & Border Protection
U.S. International Trade Commission
Section 701/731 Proceedings
Investigations
- Quartz Surface Products from the People’s Republic of China: On July 5, 2019, the ITC released the final determinations in the Antidumping Duty and Countervailing Duty Investigations.
- Steel Trailer Wheels from the People’s Republic of China: On July 23, 2019, the ITC released the final revised schedule for the Antidumping and Countervailing Duty Investigations.
- Polyester Textured Yarn from the People’s Republic of China: On July 29, 2019, the ITC released the final schedules for the Final Phase of the Countervailing Duty and Antidumping Duty Investigations.
June Trade Law Update: Court Decisions
Court of International Trade
Summary of Decisions
19-66
On June 3, 2019, in the ongoing case of determining whether or not Plaintiff Midwest Fastener’s zinc and nylon anchor products are considered to be nails, the CIT sustained the Department of Commerce’s final results of the redetermination pursuant to the Court Remand. The CIT concluded that Plaintiff’s zinc and nylon anchors do not function like nails and are considered a separate type of product from nails by the relevant industry. Commerce’s remand results were sustained and Plaintiff Midwest Fastener’s products were excluded from the scope.
19-69
On June 6, the CIT denied Plaintiffs Confederacion de Asociaciones Agricolas del Estado de Sinaloa, Consejo Agricola de Baja California, Asociacion Mexicana de Horticultura Protegida, Asociacion de Productores de Hortalizas del Yaqui y Mayo, and Sistem Producto Tomate (collectively, “Plaintiffs”) motion for a temporary restraining order (“TRO”) and preliminary injunction (“PI”) in the antidumping duty investigation of tomatoes from Mexico. The Court determined that the Plaintiffs had not met their burden to establish the likelihood of success on the merits and irreparable harm absent injunctive relief. They also had failed to establish if the hardships tip in favor of denying the Plaintiff’s motion. The Court also found the public interest to be neutral. For those reasons the CIT denied the plaintiff’s motions.