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
Department of Commerce
BIS Seeks Comments on Identifying “Foundational Technologies”
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…
USTR, DOC, and Department of Agriculture Issue Plan to Investigate Foreign Imports of Certain Perishable Produce
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.
Commerce Initiates New Administrative Reviews on AD/CVD Orders
On 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:
- Belgium: Citric Acid and Certain Citrate Salts (A-423-813)
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Opportunity to Request Administrative Review
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.
Commerce Proposes Modifications to AD/CVD Laws to Strengthen Enforcement
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.
BIS Announces Virtual 2020 Export Controls Conference
The Bureau of Industry and Security (BIS) will be holding a virtual conference on export control policy on Wednesday, September 2, 2020, after its annual in-person conference originally due to be held this summer was cancelled due to the coronavirus. The planned agenda for the BIS conference includes sessions on:
- Executive Order 13873: Securing the
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Commerce Initiates New Administrative Reviews on AD/CVD Cases
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
- Germany: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel (A-428-845)
- India:
- Certain Cold-Drawn
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Opportunity to Request Administrative Review
On August 4, 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.
The products and countries that have August anniversary months are the following:
- Seamless Line and Pressure Pipe from Germany
- Sodium Nitrite from Germany and China
- Finished
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July 2020 Trade Law Update
In Husch Blackwell’s July 2020 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:
- President Trump’s Executive Order ends Hong Kong country of origin
- USTR announces additional duties on cosmetics and handbags from France and delays the effective date until January 2021
- An update on U.S. Department
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