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Category Archives: Customs Law

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U.S. International Trade Commission Seeks Comments on Petitions for Import Duty Reductions

Posted in Customs Law, Manufacturing
Today, the U.S. International Trade Commission began accepting comments on the more than three thousand petitions filed with the agency last year requesting that the Government temporarily suspend import duties on products ranging from herbicidal chemicals to ping-pong tables. Traditionally, duty reductions were obtained by having members of Congress sponsor individual bills on specific goods,… Continue Reading

U.S. Customs and Border Protection Issues First Notices of Action Under the Enforce and Protect Act

Posted in Antidumping, Customs Law, Dumping and Subsidies, Trade Remedies
Last week, U.S. Customs and Border Protection (CBP) posted two Notices of Action (NOAs) regarding allegations submitted pursuant to the Enforce and Protect Act (EAPA).  The NOAs—one to initiate an allegation and one notice of non-initiation—are the first that have been posted since CBP established its interim rules for EAPA allegations in August 2016. These… Continue Reading

New Miscellaneous Tariff Bill Petition Process Opens Today

Posted in Customs Law, Manufacturing
Today, October 14, 2016, the U.S. International Trade Commission will begin accepting petitions for duty suspensions and reductions pursuant to the new Miscellaneous Tariff Bill process. The Commission will collect petitions for a 60-day period, after which it will comments in support or opposition to the petitions received. After it has analyzed all petitions and… Continue Reading

CBP Gears Up For Trade Enforcement

Posted in Customs Law
U.S. Customs & Border Protection (CBP) has launched a new website to keep the trade apprised of its authorities and efforts under the Trade Facilitation and Trade Enforcement Act (TFTEA) of 2015, which President Obama signed into law earlier this year. The TFTEA included significant new provisions strengthening CBP’s authority to combat trade remedy evasion,… Continue Reading

CBP to Publish New Regulations on Evasion of Antidumping and Countervailing Duties

Posted in Announcements, Antidumping, Customs Law, Dumping and Subsidies, Trade Remedies
New Regulations Allow for Investigation of Duty Evasion U.S. Customs and Border Protection (CBP) released interim final regulations setting up a new procedure for investigating evasion of antidumping (AD) and countervailing duties (CVD).  The interim regulations, which are subject to public comment, put into place important provisions of the “Enforce and Protect Act of 2015,”… Continue Reading

Wiley Rein Releases Updated Report on Global Steel Industry Overcapacity

Posted in Announcements, Antidumping, Compliance, Customs Law, Dumping and Subsidies
Today our International Trade Group published a report—the second edition of its kind—on the unprecedented level of overcapacity in the global steel industry, which is severely distorting the world market and threatening the viability of many steel producers worldwide. Since the first edition of Government Intervention and Overcapacity was released in July 2013, excess capacity has… Continue Reading

Importers Find That Trade Remedies Evasion Doesn’t Pay

Posted in Compliance, Customs Law, Dumping and Subsidies, Manufacturing, Trade Remedies
Last week, several individuals involved in a multi-year scheme to fraudulently misclassify imported Chinese magnesium powder were handed prison sentences by a federal judge. The defendants, William Nehill and Gregory Magness, pled guilty in the scheme several years ago. Magness has been given an 18-month prison sentence, while Nehill will serve 90 days; both Nehill and… Continue Reading

Single Transaction Bonds: Two Steps Forward, One Step Back?

Posted in Appeals, Customs Law, Dumping and Subsidies
Two weeks ago, the U.S. Court of International Trade issued its first opinion regarding U.S. Customs & Border Protection’s relatively recent practice of requiring single transaction bonds of importers at the “all others” rate in effect for specific antidumping duty orders, where the agency believes that there is a significant risk that the importer is… Continue Reading

Will GSP Renewal Be Caught Up in Last Week’s Trade Legislation Fallout?

Posted in Customs Law, TPA, Trade Negotiations
The big trade story in Washington this week is House Democrats’ refusal to go along with the plan laid out by the Administration, Senate, and House Republicans for passage of a group of trade bills—most importantly, a bill to provide a “fast-track” through Congress for trade agreements currently being negotiated by the president. Both Senate… Continue Reading

Victory for Domestic Industry on Single Transaction Bonds Issues

Posted in Appeals, Customs Law, Dumping and Subsidies, Trade Remedies
A closely watched case at the U.S. Court of International Trade (CIT) has resulted in a big victory for U.S. Customs & Border Protection (CBP) and for U.S. companies that avail themselves of the U.S. trade remedies laws. The case involved a challenge to CBP’s authority to require single transaction bonds (STBs) for goods subject… Continue Reading

Risks of Importing Goods Subject to Antidumping and Countervailing Duties

Posted in Appeals, Customs Law, Litigation, Trade Remedies
Two opinions released last week by the U.S. Court of International Trade (CIT) underscore the risks that importers face when bringing in goods subject to U.S. trade remedies laws. P.F. Stores, Inc. v. United States and Hutchison Quality Furniture, Inc. v. United States both involved importers of goods subject to the antidumping duty order on… Continue Reading

CBP Issues Alert on Scope of Antidumping & Countervailing Duty Orders on Chinese Furniture

Posted in Customs Law, Dumping and Subsidies
On February 18, 2015, U.S. Customs & Border Protection (CBP) issued an alert to importers regarding the scope of the antidumping and countervailing duty orders on wooden bedroom furniture from China. The alert is a welcome sign of the agency’s increased efforts to educate the importing community about existing trade orders. When an antidumping or… Continue Reading

CBP Warns Importers: Don’t Fall For AD/CVD Scams!

Posted in Compliance, Customs Law, Dumping and Subsidies, Manufacturing, Trade Remedies
When importers’ fail to properly declare duties on products subject to trade orders, it harms the U.S. economy.  Failing to properly declare duties costs the U.S. Treasury millions of dollars each year, reducing U.S. manufacturing employment, and undermining U.S. industries’ ability to recover from the injurious effects of unfairly traded imports. As such, enforcement of… Continue Reading

FDA Food Facility Registration Deadline Coming Up

Posted in Compliance, Customs Law
Prior to the 2011 Food Safety Modernization Act (FMSA),  U.S. and foreign facilities that manufactured, processed, packed, or held food products for shipment to U.S. destinations were required to register with the U.S. Food & Drug Administration (FDA). Under FMSA, they must also renew those registrations in every even-numbered year. 2014, as you might have… Continue Reading

U.S. Federal Trade Commission Continues Enhanced Enforcement of the “Made in USA” Guidelines

Posted in Compliance, Customs Law, Manufacturing
The U.S. Federal Trade Commission regulates the labeling and advertising of products as “Made in the USA.” Under the Commission’s policy guidelines, a claim that a product is simply “Made in the USA” is permissible only if a product is “all or virtually all” produced in the United States.… Continue Reading

U.S. Government Brings Trio of Penalty Suits for AD/CVD Import Violations

Posted in Appeals, Customs Law, Dumping and Subsidies, Trade Remedies
So far this month, the Department of Justice has filed three collection suits against importers accused of negligently importing goods subject to antidumping and countervailing orders. The new cases include: U.S. v. 3A Industrial Supply, LLC, CIT Ct No. 14-242, seeking penalties in conjunction with one entry of butt-weld pipe fittings from China. U.S. v.… Continue Reading
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