Department of Commerce

The Petitioners representing the U.S. domestic industry filed new petitions with the U.S. Department of Commerce (“Commerce”) against imports from three countries, Thailand, Vietnam, and Malaysia, alleging that certain Chinese producers are diverting Chinese-origin components through Thailand to undergo minor processing to complete Crystalline Silicon Photovoltaic (“CSPV”) cells and modules subject to the Orders and subsequently to export the merchandise to the United States to avoid AD/CVD duties.  The companies that were named in the circumvention submissions were:

On August 3, 2021, 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:

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

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On August 2, 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:

AD

  • Canada: Utility Scale Wind Towers

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As part of the U.S. Government’s ongoing response to the military coup in Burma (Myanmar), the Department of Commerce’s Bureau of Industry and Security (“BIS”) added four entities to the Entity List effective July 6, 2021 and the Department of Treasury’s Office of Foreign Assets Control (“OFAC”) added twenty-two individuals to the Specially Designated Nationals…

Earlier this month, the US Government updated its ongoing response to what the Department of Commerce (“Commerce”) described as “Beijing’s campaign of repression, mass detention, and high-technology surveillance against Uyghurs, Kazakhs, and members of other Muslim minority groups in the Xinjiang Uyghur Autonomous Regions of China (“XUAR”), where the [People’s Republic of China] continues to…

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

  • Biden Administration took recent actions related to products from China’s Xinjiang region
  • US-EU announced a cooperative framework suspending Large Civil Aircraft tariffs and addressing non-market practices in the civil aircraft sector
  • White House

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On July 6, 2021, the U.S. Department of Commerce published a notice initiating new administrative reviews for antidumping duty (AD) and countervailing duty (CVD) orders with May anniversary dates. Listed below are the countries and products named in the notice:

  1. Belgium
    • Certain Carbon and Alloy Steel Cut-to-Length Plate (A-423-812)
  2. Canada
    • Large Diameter Welded Pipe (A-122-863)

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The Biden Administration has taken new actions related to forced labor in the Xinjiang region that may affect the supply for material critical for solar panels: U.S. Customs and Border Protection (CBP) issued a Withhold Release Order (WRO), the Department of Commerce (Commerce) updated its Entity List, and the Department of Labor (Labor) updated its “List of Goods Produced by Child Labor or Forced Labor.”  These updates are part of an increased emphasis on both forced labor issues and a crackdown on goods from China’s Xinjiang province, and come on the heels of the G7 Summit that was held in mid-June.  The White House indicated that the Administration’s actions are a “translation” of the commitments made at the G7 denouncing forced labor in the Xinjiang region.

President Biden issued Executive Order (“EO”) 14017 titled “America’s Supply Chains” on February 24, 2021, ordering 100-day and 1-year reviews of certain critical supply chains.  On June 8, 2021, a final report was published, officially marking the end of the 100-day reviews under EO 14017.  The reviews assessed risks posed to the following critical supply…