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New regulations on price adjustments in antidumping duty proceedings and an expanded maritime nuclear propulsion prohibition are among the rules set forth in the Department of Commerce’s newest semiannual regulatory agenda.
The departments of Homeland Security and the Treasury recently issued their semiannual regulatory agendas, which list the following regulations affecting international trade that could be issued within the next year as well as rulemaking proceedings that have been in process for some time and are not as likely to see further progress in the near term.
The ruling by the Court of Appeals for the Federal Circuit distinguished between those who enter goods (e.g., the importer of record) and those who introduce goods into U.S. commerce and broadly defined the latter, thereby extending to import managers, compliance officers, business owners and others personal liability for fraudulently or negligently providing information on company imports.
A week after passing legislation to extend trade preference programs and strengthen trade enforcement, the Senate voted May 22 to approve a bill restoring trade promotion authority for up to six years. TPA and the other trade and customs bills will now move to the House, where their prospects remain uncertain.
The European Parliament adopted May 20 a draft law that would impose a tough monitoring and reporting system along the entire conflict mineral supply chain. Parliament is now expected to enter into informal talks with EU member states, which have backed a less stringent approach, to seek agreement on a final version.
The Bureau of Industry and Security is accepting through July 6 comments on how the export clearance requirements in part 758 of the Export Administration Regulations can be improved, including how they can be better harmonized with the export clearance requirements under the International Traffic in Arms Regulations.
The World Trade Organization’s Appellate Body upheld this week a ruling that U.S. mandatory country of origin labeling requirements for meat products continue to violate WTO rules by discriminating against livestock imports from Canada and Mexico. Those countries said they will now pursue billions of dollars’ worth of retaliatory measures against U.S. exports, but House and Senate leaders said they hope to act soon to prevent such an outcome.
U.S. shippers were spared a potential increase in intermodal transportation prices when the International Trade Commission ruled May 19 that imports from China of the 53-foot containers typically used to haul cargo by truck, rail and ship are not materially retarding the establishment of a U.S. industry. Sandler, Travis & Rosenberg’s Trade Remedies Practice Group was instrumental in securing the ruling, which means that no antidumping or countervailing duty orders will be issued on these goods.
The U.S. Court of Appeals for the Federal Circuit recently threw out import restrictions imposed by the International Trade Commission against certain kinesiotherapy devices and components thereof.
The purpose of the program is to establish a process whereby licensed, permitted U.S. customs brokers can voluntarily identify to CBP through a specific indicator importers that are exercising reasonable care in connection with their import related activities but may or may not qualify for or otherwise choose to participate in programs like Importer Self-Assessment or Trusted Trader.
Two days after the Senate rejected an initial effort to advance trade and customs legislation, a compromise between Republican and Democratic leaders allowed the chamber to vote on the bills May 14.
For C-TPAT purposes, an exporter is defined as a person or company who, as the principal party in interest in the export transaction, has the power and responsibility for determining and controlling the sending of the items out of the United States. Entities that wish to participate in the C-TPAT exporter program must meet this definition as well as specified eligibility requirements.
Congressional action on several key trade and customs bills will see a further delay after the Senate failed May 12 to bring a trade promotion authority bill to the floor. The vote on a procedural motion that would allow the Senate to begin consideration of TPA was 52-45, short of the 60 votes needed.
A recent independent auditors’ report on U.S. Customs and Border Protection’s fiscal year 2014 consolidated financial statements identifies four deficiencies in internal control. One, concerning drawback of duties, taxes and fees, is considered to be a material weakness. The others are in the areas of property, plant and equipment; entry process (including in-bonds, bonded warehouses and foreign-trade zones, entry reports, bond sufficiency, and classification of custodial liabilities), and information technology.