Published On: Sat, Jan 7th, 2023

Customs and Trade Law Weekly Snapshot


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

 

 

 

 

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

  • The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
  • OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
  • OFAC is adding regulations to implement Executive Order 14059 of December 15, 2021, “Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade”. These regulations are currently available for public inspection with the Federal Register and will take effect upon publication in the Federal Register on Tuesday, December 20, 2022.
    • OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive guidance and definitions, general licenses, and other regulatory provisions.
  • OFAC is publishing the names of persons whose property and interests in property have been unblocked and who have been removed from the list of Specially Designated Nationals and Blocked Persons.

U.S. Customs and Border Protection (CBP)

  • The U.S. Customs and Border Protection (CBP) announces the  DR-CAFTA contains quantitative restraints associated with a reduced duty rate for agricultural products that meet the requirements for a “qualifying good.” A qualifying good is one that meets the product specific rule of origin; however, U.S. materials or inputs are considered to be of a non-Party, i.e., U.S. materials are considered non-originating. The tariff rate quotas (TRQs) cover products such as sugar, sugar-containing products, beef, cheese, milk powder, butter, other dairy products, ice cream, milk, cream, and sour cream.
  • CBP announced from September 16, 2022, through December 1, 2022, the document attachment functionality of the Automated Commercial Environment (ACE) Protest Module was inoperative. As announced in Cargo Systems Messaging Service (CSMS) message #54197466 the issue has been resolved and document attachment functionality is restored.
      • Protest filers impacted by the error should upload any documents supporting a Section 514 protest or a Section 520(d) post-importation claim as soon as possible but no later than Monday, January 30, 2023. Documents must only be uploaded to the protest record; no documents will be accepted through email or any other means.
        • During this lapse in functionality, protests or 520(d) claims, submitted between September 16th and December 1st should not have been denied solely because supporting documents were not attached. In the event that CBP did deny a protest during this time period based on documents not being attached, protestants may submit a 19 U.S.C. 1515(d) void denial request, in accordance with the ACE Business Rules. For 520(d) claims that were denied for the reasons described above, the filer will need to submit a Section 514 protest.
  • CBP announced the annual Customs Broker permit user fee due date for the 2023 calendar year is February 24, 2023. The annual permit user fee reflects changes made by two final rules (87 FR 63267 and 87 FR 63262) published in the Federal Register on October 18, 2022, and effective December 19, 2022, that eliminate broker districts and district permits, and transition all customs brokers to a single national permit.
    • The fee for the 2023 calendar year is $163.71 and is due to the processing Center no later than February 24, 2023. The annual permit user fee will only be collected for active national permits.

U.S. International Trade Commission (USITC)

  • The U.S. International Trade Commission (USITC) has given notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty order on steel concrete reinforcing bar from Turkey and the antidumping duty orders on steel concrete reinforcing bar from Japan, Taiwan and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
  • The USITC on the basis of the record developed in five-year reviews, has determined pursuant to the Tariff Act of 1930 that revocation of the antidumping duty orders on certain stainless steel pipe from South Korea and Taiwan would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

Environmental Protection Agency (EPA)

  • The United States Environmental Protection Agency (EPA) announced a regulation which establishes tolerances for residues of simazine in or on citrus fruits (crop group 10-10), pome fruits (crop group 11-10), stone fruits (crop group 12-12), and tree nuts (crop group 14-12) and amends the tolerance for residues in or on almond hulls. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

National Institute of Standards of Technology

  • The National Institute of Standards of Technology announced the 2023 Interim Meeting of the National Conference on Weights and Measures (NCWM) will be held in-person at the Hyatt Regency Savannah in Savannah, Georgia from Sunday, January 8 through Wednesday, January 11, 2023. This notice contains information about significant items on the NCWM Committee agendas but does not include all agenda items. As a result, the items are not consecutively numbered.

Department of Commerce (DOC)

  • On December 9, 2022, the Department of Commerce (DOC)’s International Trade Administration announced the United States- Mexico-Canada Agreement (USMCA) Secretariat received a Consent Motion to Terminate Panel Review from Hogan Lovells US LLC on behalf of Evraz Inc. NA in the above-mentioned dispute. As a result, and pursuant to Rule 75(2) of the USMCA Rules of Procedure for Article 10.12 (Binational Panel Review), the USMCA dispute USA-CDA-2022-10.12-01 has been terminated effective December 9, 2022.
  • DOC is amending the Export Administration Regulations (EAR) by adding thirty-six entities to the Entity List. These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States and will be listed on the Entity List under the destinations of the People’s Republic of China  and Japan.
  • DOC continues to find that Huantai Dongyue International Trade Co., Ltd, Shandong Dongyue Chemical Co., Ltd., Zhejiang Yonghe Refrigerant Co., Ltd., and Zhejiang Sanmei Chemical Ind. Co., Ltd. made no shipments during the period of review (POR), August 1, 2020, through July 31, 2021.
  • DOC determines that certain steel nails from the Sultanate of Oman were sold in the United States at less than normal value during the period of review (POR), July 1, 2020, through June 30, 2021.
  • DOC preliminarily finds that Ningbo Dongxin High-Strength Nut Co., Ltd., is not eligible for a separate rate. The period of review is April 1, 2021, through March 31, 2022. Commerce is also rescinding the review with respect to Ningbo Zhongjiang High Strength Bolts Co., Ltd.. Interested parties are invited to comment on these preliminary results of review.
  • DOC is amending its notice of final results for the 2020 administrative review of the countervailing duty (CVD) order on certain softwood lumber products from Canada.
  • DOC determines that certain steel nails from the Sultanate of Oman were sold in the United States at less than normal value (NV) during the period of review (POR), July 1, 2020, through June 30, 2021.
  • DOC preliminarily determines that countervailable subsidies are being provided to producers and exporters of multilayered wood flooring  from the People’s Republic of China. The period of review (POR) is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results of review.

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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