Department of Commerce

The Department of Commerce (“Commerce”) published a notice seeking comments from interested parties on steps Commerce should take to modify its application of a “particular market situation” (“PMS”) analysis in antidumping duty cases after a series of decisions by both the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of International

On November 1, 2022, the U.S. Department of Commerce published a notice that it is automatically initiating five-year Sunset Reviews for antidumping duty (AD) and countervailing duty (CVD) orders from:

  1. China
    1. High Pressure Steel Cylinders (2nd Review) A–570–977
  2. Italy
    1. Stainless Steel Butt-weld Pipe Fittings (4th Review) A–475–828
  3. Malaysia
    1. Stainless Steel Butt-weld Pipe Fittings (4th Review)

On October 3, 2022, the Department of Commerce (“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 and suspension agreements. The products and countries that have been listed in the Federal Register notice are the following:

In Husch Blackwell’s June 2022 Trade Law Update you’ll learn about the following updates in international trade and supply chain law:

  • An update on U.S. Department of Commerce decisions
  • U.S. International Trade Commission – Section 701/731 proceedings
  • Customs and Border Protection case summaries
  • Summary of decisions from the Court of International Trade
  • June export controls

Matthew Axelrod, the Assistant Secretary for Export Enforcement at the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”), told a conference held by the Society for International Affairs on May 16, 2022, that his agency is considering major policy changes to its administrative enforcement authorities.  Axelrod said the policy changes, expected to be rolled out in the next few months, are intended to incentivize export compliance by corporations under the Export Administration Regulations (“EAR”). 

On March 30, 2022, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) modified and expanded a list of aircraft that have flown into Russia in apparent violation of the Export Administration Regulations (“EAR”).  We more thoroughly discussed the implications of this list – which was first published on March 18, 2022 – in our blog post here.  The updated list adds 73 additional Boeing-manufactured aircraft and modifies tail and/or serial number information for 13 aircraft previously listed on March 18, 2022.  The full list of owners/operators include Aeroflot, AirBridge Cargo, Aviastar-TU, Alrosa, Atran, Azur Air, Nordstar, Nordwind, Pegas Fly, Pobeda, Rossiya, Royal Flight, S7 Airlines, and Utair (FC Chelsea owner Roman Abramovich’s private Gulfstream jet is also on the list).

In Husch Blackwell’s February 2022 Trade Law Update, you’ll learn about the following updates in international trade and supply chain law:

  • An update on U.S. Department of Commerce decisions
  • U.S. International Trade Commission – Section 701/731 proceedings
  • Customs and Border Protection case summaries
  • Summary of decisions from the Court of International Trade
  • February export

On February 10, 2022, the Department of Commerce published a Federal Register notice requesting public comments on the Section 232 exclusions process.  The notice follows the agreement reached between the U.S. and the EU related to the tariff rate quotas for steel and aluminum articles from EU member countries and the President’s January 3, 2022 announcement, Adjusting Imports of Steel into the United States (Proclamation 10328).

The U.S. Department of Commerce (“Commerce”) announced on Friday that it was set to resume trade missions starting as early as March 2022.  Trade missions are government- led programs where members of the trade can meet directly with foreign industries and officials to explore potential business opportunities.  The COVID-19 pandemic brought these missions to a sudden halt in March 2020 and no trade missions have occurred in the past 24 month.  The International Trade Administration (“ITA”) is now preparing to resume in-person trade missions, where possible.

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