Department of Commerce

China-based smartphone apps, TikTok and WeChat, have each received a reprieve from the respective bans, which were originally ordered by President Trump on August 6, 2020 against both parties and were scheduled to take effect on September 21, 2020.  Please see our previous post covering the Executive Orders.  Pursuant to the Executive Orders banning the

On September 14, 2020, the U.S. Department of Commerce announced its preliminary countervailing duty determination finding that imports of prestressed concrete steel wire strand from Turkey were unfairly subsidized by the Turkish government.  Commerce preliminarily found that exporters from Turkey were subject to duties as high as 135.06%. Commerce preliminarily determined that Turkish producer Celik

The U.S. Department of Commerce’s (Commerce) Steel Import Monitoring and Analysis System (SIMA) will be modified effective October 13, 2020 to require that the country where the steel was “melted and poured” to be identified in the license application.  Other changes in the final rule published on September 11, 2020, include adding coverage for eight

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) recently published an Advanced Notice of Proposed Rulemaking (“ANPRM”) regarding the identification and review of controls for certain “foundational technologies.”  This ANPRM represents another step toward implementation of the “emerging and foundational technology” provisions set forth in the Export Control Reform Act (“ECRA”) of

On September 1, 2020 the Office of the United States Trade Representative (USTR), Department of Agriculture, and Department of Commerce issued a 32-page report outlining the Trump Administration’s plan to address increased foreign imports of perishable fruits and vegetables.  Following the public hearings held in August, the Administration published this report in hopes to open a dialogue with senior Mexican Government officials over the next 90 days regarding specific produce.
Continue Reading USTR, DOC, and Department of Agriculture Issue Plan to Investigate Foreign Imports of Certain Perishable Produce

U.S. Supply ChainOn September 3, 2020, the U.S. Department of Commerce published a notice initiating new Administrative Reviews for antidumping duty (AD) and countervailing duty (CVD) orders with mostly July anniversary dates, but some other dates as well. Listed below are the countries and products named in the notice:

  1. Belgium: Citric Acid and Certain Citrate Salts (A-423-813)

On September 1, 2020, Commerce announced in the Federal Register the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties.  In addition to administrative reviews, Commerce has included an opportunity to request a new suspension agreement proceeding pertaining to fresh tomatoes from Mexico.
Continue Reading Opportunity to Request Administrative Review

The U.S. Department of Commerce (“Commerce”) announced in a Federal Register notice that it is proposing significant changes to its antidumping and countervailing duty regulations.  The last time such sweeping changes were undertaken were in 1997 after the WTO went into effect.  Commerce is requesting comments on the proposed changes by September 14, 2020.

Among the most significant changes outlined in Commerce’s proposal are the changes to its conduct of scope proceedings, which determine whether a certain product is subject to the scope of an AD or CVD order; and to circumvention proceedings where importers are alleged to be avoiding duties, often by using components from the subject country to assemble the product in another country not subject to the relevant AD/CVD order. Currently, both types of proceedings are governed by the same set of regulations in 19 C.F.R. §351.225.  Commerce’s proposal would separate the two proceedings into unique regulatory frameworks.
Continue Reading Commerce Proposes Modifications to AD/CVD Laws to Strengthen Enforcement

On August 6, 2020, the U.S. Department of Commerce published a notice initiating new Administrative Reviews for antidumping duty (AD) and countervailing duty (CVD) orders with June anniversary dates. Listed below are the countries and products named in the notice:

AD

  1. Germany: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel (A-428-845)
  2. India:
  • Certain Cold-Drawn