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A federal appeals court ruled recently that avoidance of marking duties on imported goods is actionable under the False Claims Act, which could subject violators to substantial penalties. The reasoning set forth in the split decision could also increase the likelihood that more FCA cases will be initiated.
This program was introduced as a pilot project earlier this year and currently covers the Association of Southeast Asian Nations, Brazil, China, the European Union, India, and Japan.
There is some concern that this effort could presage a tougher CBP enforcement effort, possibly including audits, focusing on the valuation of produce imports.
The decisions taken at the 17th Conference of the Parties will next need to be translated into legislation, regulation, and operating practices in CITES party countries, which will directly affect when, where, and how the affected wildlife products can be bought and sold.
The ruling was issued nearly three years after China filed the case challenging the Department of Commerce’s conduct of antidumping proceedings involving dozens of goods from China accounting for a reported $8.4 billion in annual sales in the U.S. market. U.S. trade officials said they are “disappointed” with the decision, which could be appealed.
The Treasury Department has added Switzerland to a monitoring list that already included China, Japan, Korea, Taiwan, and Germany in its second enhanced report on foreign exchange policies. The report again concludes, however, that no major U.S. trading partner is manipulating the value of its currency for a trade advantage.
Prominent attorney Steven Brotherton, a respected authority on export controls and economic sanctions, has joined international trade law firm Sandler, Travis & Rosenberg, P.A. as the firm’s Export Controls & Sanctions Practice leader. He will manage the firm’s export practice from ST&R’s San Francisco office.
The Office of Foreign Assets Control and the Bureau of Industry and Security are amending the Cuban Assets Control Regulations and the Export Administration Regulations, effective Oct. 17, to further normalize relations between the U.S. and Cuba.
Petitions must be submitted electronically via the ITC’s designated secure web portal and may be filed by members of the public who can demonstrate that they are likely beneficiaries of such changes.
The first antidumping and countervailing duty cases against Canadian softwood lumber products in a decade could be filed as early as this week after the U.S. and Canada missed an Oct. 12 deadline for reaching a new agreement.
The first miscellaneous trade bill process in six years is set to get underway Oct. 14 when the International Trade Commission starts accepting public petitions for import duty suspensions or reductions as directed by the MTB reform bill approved by Congress and signed into law earlier this year. Each approved duty modification can result in savings of up to $500,000 per year.
The Department of Homeland Security is requesting public input by Nov. 10 on existing significant regulations, including customs and international trade rules, that it should consider as candidates for streamlining or repeal.
CBP encourages stakeholders to closely examine their supply chains to ensure that imported goods are not produced with prohibited forms of labor. A recent agency fact sheet lists steps that can assist companies in this effort.