Department of Commerce

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) recently issued a final rule amending the U.S. Export Administration Regulations (EAR) to add twenty-seven (27) companies and individuals to the BIS Entity List effective November 26, 2021. These companies and researchers are alleged to have ties to China’s military quantum computing efforts as well as Pakistani nuclear and missile proliferation. The new companies added include:

On October 31, 2021, the Secretary of Commerce and United States Trade Representative released a statement confirming that the United States and the European Union (EU) have come to an agreement (Agreement) that will modify the current section 232 tariffs on steel and aluminum imports.

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

  • The U.S. and EU struck a deal on steel and aluminum tariffs
  • The U.S. Department of Commerce published a new set of AD/CVD regulations governing a multitude of administrative proceedings
  • The Port of

On November 1, 2021, 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. The products and countries that have been listed in the Federal Register notice are the following:

The Department of Commerce published its Final Determination in the antidumping (“AD”) and countervailing duty (“CVD”) investigation of Utility Scale Wind Towers from India on October 13, 2021, which investigation was initiated in November 2020. The AD/CVD petition was filed by Wind Tower Trade Coalition (“Petitioner”) and a complete summary of the original petition can be found here.  The mandatory respondent selected by Commerce in both the antidumping and countervailing duty investigation was Vestas Wind Technology India Private Limited (“Vestas”).

On September 30, 2021, the Department of Commerce (“Commerce”) filed a motion requesting a voluntary remand to review 502 Section 232 exclusion request denials it issued to Voestalpine High Performance Metals Corporation and Ergo Specialty Steels, Incorporated (collectively “Voestalpine, et al.”) beginning in 2018.  Specifically, Commerce in its motion acknowledges that it lacks documentation explaining why it rejected all 502 requests.  This motion for voluntary remand comes only a couple months after Commerce requested the same type of voluntary remand in six separate Section 232 appeals.

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