Customs and Trade Law Weekly Snapshot
Here is a recap of the latest customs and international trade law news:
- On April 19, 2022, the International Trade Administration announced the Department of Commerce is rescinding the administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from the Peoples’ Republic of China, in part, for the period of review (POR) August 1, 2020, through July 31, 2021.
- Interested parties are invited to submit comments on these preliminary results of review by May 19, 2022
- In April 2022, U.S. Customs and Border Protection published its annual trade and travel report for FY2021 detailing reduced import processing times but also substantial increases in enforcement measures. The report finds what ACE reduced government processing times by more than 90%! Also, the value of shipments detained and seized for forced labor concerns rose from just under $50 million in FY 2020 to more than $485 million in FY 2021 To read the full report, click here.
- On April 19, 2022, U.S. Customs and Border Protection announced the extension of the tariff rate quota (TRQ) for imports of large residential washers under HTS subheadings 8450.11.00 and 8450.20.00 through February 7, 2023. Large residential washers are limited on a quarterly basis:
- Period 2: May 7, 2022 to August 6, 2022 – 300,000 units without rollover
- Period 3: August 7, 2022 to November 6, 2022 – 300,000 units without rollover
- Period 4: November 7, 2022 to February 7, 2023 – 300,000 units without rollover
- As of April 20, 2022, Port Everglades top five trade partners and their respective growth through February of this year are:
- Dominican Republic – 16.22%,
- Honduras – 5.85%,
- Brazil – 9.18%,
- Chile – 15.56%, and
- Costa Rica – 12.27%.
- The top three surpluses through February of this year were with Venezuela at $88.66 million, Costa Rica at $87.73 million, and Argentina at $87.06 million. The top three deficits through February of this year were with Nicaragua at $84.41 million, Italy at $72.54 million, and France at $67.39 million.
- On April 15, 2022, the FDA published a draft guidance for industry on developing drugs to treat celiac disease, “Celiac Disease: Developing Drugs for Adjunctive Treatment to a Gluten-Free Diet.” This guidance addresses FDA’s current recommendations on trial design features, including eligibility criteria, efficacy endpoints, and safety assessments for drugs being developed as adjunctive treatment to a gluten-free diet in adults with celiac disease. – Public comment will remain open until June 14, 2022.
- As of April 19, 2022, the FDA has issued warning letters to 12 companies for selling over-the-counter (OTC) skin lightening products containing hydroquinone that do not meet the requirements to be legally sold as OTC drugs. FDA is alerting consumers there are no FDA-approved or otherwise legally marketed OTC skin lightening products. Some manufacturers and distributors have already removed their OTC skin lightening products from the marketplace, and FDA plans to take action against those continuing to market these potentially harmful and illegal OTC products.
- On April 19, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued additional public guidance, “Fact Sheet: preserving Agricultural Trade, Access to Communication, and Other Support to Those Impacted by Russia’s War Against Ukraine.” This guidance outlines the many humanitarian and food related authorizations issued by OFAC in support of people impacted by Russia’s war. This guidance provides consolidation information for financial institutions, non-governmental organizations (NGOs), and market participants to more easily access whether they are engaging in authorized or exempt transactions. In addition, OFAC issued a new Russia-related general license to authorize transactions related to certain activities of NGOs in Russia and Ukraine.
- On April 19, 2022, the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Fact Sheet for “Preserving Agricultural Trade, Access to Communication, and Other Support to Those Impacted by Russia’s War Against Ukraine.” OFAC has also issued Russia-related General License 27 “Certain Transactions in Support of Nongovernmental Organizations’ Activities.”
- On April 20, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated Russian commercial bank Transkapitalbank and a global network of more than 40 individuals and entities led by U.S.-designated Russian oligarch Konstantin Malofeyev, for facilitating sanctions evasion for Russian entities. OFAC also designated companies operating in Russia’s virtual currency mining industry. This is the first time Treasury has designated a virtual currency mining company.
- On April 21, 2022, The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a $141,442 settlement with Newmont Corporation (“Newmont”) for four apparent violations of the Cuban Assets Control Regulations (CACR), 31 C.F.R. part 515. Separately, OFAC also announced a $45,908 settlement with Chisu International Corporation (“Chisu”), a company located in Parkland, Florida that is affiliated with a distributor of explosives and accessories for mining operations. Chisu has agreed to settle potential civil liability for four apparent violations of the Cuban Assets Control Regulations (CACR), 31 C.F.R. part 515.
- On April 20, 2022, the United States and the Socialist Republic of Vietnam today convened the first meeting of the Timber Working Group under the Timber Agreement announced in October 2021. This first meeting of the Discussions focused on Vietnam’s progress to date to implement its commitments under the agreement, as well as current and potential future technical assistance and capacity building activities.
- On April 21, 2022, the International Trade Commission issued notice that the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of Section 337. On April 15, 2022, the ALJ issued a Recommended Determination on Remedy and Bonding (“RD”) should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation.
- Written submissions must be filed no later than by close of business on May 16, 2022.