Customs and Trade Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

Customs and Border Protection (CBP)

• On September 7, 2022, U.S. Customs and Border Protection (CBP) modified the Withhold Release Order (WRO) against Natchi Apparel (P) Ltd. garment imports, which was originally issued due to concerns about forced labor compliance. Effective immediately, Natchi Apparel (P) Ltd. shipments will be allowed to enter U.S. commerce. Shipments that have previously been detained will also be released.
• CBP released a Cargo Systems Messaging Service stating that on September 13, 2022, there will be a Quota Opening on QB 23-502 2023 Tobacco with a commodity on Tobacco, Chapter 24, Additional U.S. Note 5 through September 12, 2023.
• On September 8, 2022, CBP issued a final determination concerning the country of origin of certain SCORE®7T tablets. Based upon the facts presented, CBP has concluded that the country of origin of the SCORE®7T tablets in question is Taiwan for purposes of U.S. Government procurement.

Office of the United States Trade Representative (USTR)

• On August 31, 2022, according to the Office of the United States Trade Representative (USTR), the parties to the United States-Mexico-Canada Agreement (USMCA) intend to hold the second meeting of the Environment Committee (Committee) on September 23, 2022. Following the government-to- government Committee meeting, the Committee will hold a virtual public session. The USTR will accept comments on suggestions for topics to be discussed during the Committee meeting, and questions for the public session.
• On September 2, 2022, the USTR issues a press release confirming that the 301 tariffs on Lists 1 and 2 would continue. This occurred after representatives of the domestic industries benefiting from the tariff actions requested continuation of the tariffs. The same can be expected when it comes t o Lists 3 and 4A, but their review period has not yet ripened.
• In accordance with the U.S.-Australia Free Trade Agreement entered into by the United States and the Commonwealth of Australia and the Harmonized Tariff Schedule of the United States (HTSUS), USTR provided a notice of tariff-rate quota quantity limitations of certain tariff subheadings.
• In a notice published on May 5, 2022, USTR announced the first step in the statutory four-year review process of the two actions, as modified, taken under Section 301 in the investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

United States Department of the Treasury’s Office of Foreign Assets Control (OFAC)

• The Office of Foreign Assets Control (OFAC) is amending, and reissuing in their entirety, the Cyber-Related Sanctions Regulations, 31 C.F.R. part 578. This administrative action replaces the regulations that were published in abbreviated form on December 31, 2015, with a more comprehensive set of regulations that includes additional interpretive and definitional guidance, general licenses, and other regulatory provisions that will provide further guidance to the public.
• On September 2, 2022, according to OFAC, G7 Finance Ministers issued a statement confirming their joint intention to implement a price cap with respect to Russian-origin crude oil and petroleum products.
• OFAC is publishing two general licenses (GLs) issued in the Russian Harmful Foreign Activities Sanctions Regulations: GLs 38A and 50, each of which was previously made available on OFAC’s website.
• OFAC is publishing five general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GLs 40A, 43A, 47, 48, and 49, each of which was previously made available on OFAC’s website.
• OFAC is publishing three general licenses (GLs) issued in the Russian Harmful Foreign Activities Sanctions Regulations: GLs 40B, 47A, and 48A, each of which was previously made available on OFAC’s website.

United States Department of Commerce (DOC)

• The U.S. Department of Commerce (DOC) preliminarily determines that vertical shaft engines with displacements between 60cc and up to 99cc produced in the People’s Republic of China (China) and exported to the United States, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines), from China.
• In accordance with the Federal Advisory Committee Act (FACA), DOC, this notice announces, the United States Investment Advisory Council (IAC) will hold a public meeting on September 29, 2022.
• DOC’s Bureau of Economic Analysis (BEA) has made a final ruling amending regulations requiring a renewal of reporting for the BE-120 Benchmark Survey of Transactions in the Selected Services and Intellectual Property with Foreign Persons.
• DOC has completed its administrative review of the antidumping duty order on certain cased pencils (cased pencils) from the People’s Republic of China (China) for the period of review (POR) December 1, 2020, through November 30, 2021.
• DOC preliminarily determines that countervailable subsidies are being provided to producers/exporters of certain passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) during the period of review (POR), January 1, 2020, through December 31, 2020.
• DOC preliminarily finds that certain producers and exporters of passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR), August 1, 2020, through July 31, 2021.
• DOC determines that certain companies under review sold common alloy aluminum sheet (aluminum sheet) from the People’s Republic of China (China) at less than normal value during the period of review (POR) February 1, 2020, through January 31, 2021.
• DOC preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2020, through July 31, 2021.
• DOC preliminarily determines that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) made sales of light-walled rectangular pipe and tube from Mexico at less than normal value during the period of review August 1, 2020, through July 31, 2021.
• DOC determines that exporters/producers of stainless steel bar (SS Bar) from India made sales at prices below normal value during the period of review (POR) of February 1, 2020, through January 31, 2021.
• Pursuant to provisions of the Federal Advisory Committee Act, the DOC announces the renewal of the Civil Nuclear Trade Advisory Committee (CINTAC or “Committee”) and requests nominations for membership.
• On August 22, 2022, the DOC published notice in the Federal Register of a negative final determination of subsidies in connection with the subject investigation concerning Thailand (87 FR 51343).

United States International Trade Commission (USITC)

• The United States International Trade Commission (USITC) hereby gives notice of the scheduling of the final phase of countervailing and antidumping duty investigation Nos. 701-TA-678 and 731-TA-1584 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of barium chloride from India, provided for in subheading 2827.39.45 of the Harmonized Tariff Schedule of the United States.
• On the basis of the record ^[1] developed in the subject five-year review, the USITC determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the antidumping duty order on wooden bedroom furniture from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

Bureau of Industry and Security (BIS)

• On November 17, 2020, according to the Bureau of Industry and Security (BIS), in the U.S. District Court for the District of Arizona, Wei Sun (“Sun”) was convicted of knowingly and willfully exporting from the United States to China, technical data, specifically, two files of computer data contained in an HP Elitebook 840 computer possessed by Sun, controlled under the International Traffic in Arms Regulations and the United State Munitions List without having first obtained from the Department of State a license for such export or written authorization for such export.

White House

• According to the Biden administration, the United States tech companies that receive federal funding will be barred from building “advanced technology” facilities in China for 10 years, the Biden administration has said.
• According to a statement from White House, while America invented the semiconductor, we currently only produce about 10 percent of the world’s supply. All of this has led to the passage of the CHIPS and Science Act of 2022, designed to tackle the chip shortage with a new approach to bringing chip technology, manufacturing, and innovation to the United States.

United States Court of International Trade (CIT)

• On August 25, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Saha Steel Pipe Public Company, Ltd v. United States, Court No. 20-00133, Slip Op. 22-99 ( Saha Steel), sustaining the Department of Commerce (DOC)’s final results of redetermination pertaining to the scope ruling for the antidumping duty (AD) order on circular welded carbon steel pipes and tubes (CWP) from Thailand.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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