Tariff Actions Resource Page
Visit our Tariff Actions Resource Page for information, deadlines and resource documents on the various U.S. tariff actions and the responses by the rest of the world.
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Sandler, Travis & Rosenberg Trade Report
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Three of the six U.S. entities named in the indictment as having been hacked were involved in litigation against imports from China (including antidumping and/or countervailing duty cases), while another was actively protesting Chinese trade policies.
The Supreme Court this week declined to review a split decision by the Court of Appeals for the Federal Circuit that some worry could lead to increased judicial deference to U.S. Customs and Border Protection documents that have not undergone public review.
An appellate court decision upholding the federal government’s broad interpretation of which foreign government entities are covered by the United States’ anti-bribery law could make it easier for law enforcement authorities to charge U.S. businesses with violating that law, an effort that has yielded hundreds of millions of dollars in fines in recent years.
The consent order imposes no immediate penalty but carries the threat of fines for additional violations.
Sandler, Travis & Rosenberg attorney Mark Ludwikowski advises that this decision gives importers an alternative to seeking scope rulings from the Department of Commerce when they believe CBP has made a factual error in subjecting their goods to AD/CV duties.
EU Commissioner for Taxation and Customs Algirdas Šemeta proclaimed that “everyone is a winner” with the MRA, from businesses that will see “easier, cheaper and faster” customs clearance procedures to customs authorities who will be able to focus more resources on “where the real risks lie.”
The World Trade Organization’s Committee on Customs Valuation is considering a proposal by Uruguay to update a 1984 decision that allows members to value software or data for customs purposes on the basis of the cost of the carrier media (e.g., magnetic tapes, CDs and DVDs) in which they are transported from one country to another.
A press release from the Office of the U.S. Trade Representative states that in 2013 U.S. goods exports to Colombia totaled $18.6 billion, up nearly 30% from 2011, the year before the FTA entered into force.
Efforts to overhaul the flagship U.S. law on hazardous chemicals are continuing in the House of Representatives, but a recent hearing indicates that there are still concerns among both policymakers and private sector interests about some of the provisions in a draft bill under consideration.
The Federal Trade Commission has amended its regulations under the Fur Products Labeling Act (the Fur Rules) to update the Fur Products Name Guide, provide businesses with more flexibility in labeling, incorporate provisions of the Truth in Fur Labeling Act of 2010 and conform the Fur Rules’ guaranty provisions to those governing textile products.
The CAFC reached the same conclusion in 2008 in a separate test case brought by Deckers and holds that it must abide by that decision.
Congress has remained fairly quiet on trade issues over the past few weeks, although there have been some hopeful signs from both inside and outside of the Capitol.
The Obama administration announced May 13 the next phase of the National Export Initiative, known as NEI/NEXT, which the Department of Commerce said will “help more American companies reach more overseas markets by improving data, providing information on specific export opportunities, working more closely with financing organizations and service providers, and partnering with states and communities to empower local export efforts.”
Private sector representatives discussed opportunities and challenges in the textiles and apparel and information and communications technologies sectors.
This meeting will focus on recommendations related to best practices for improving the performance of the national freight network and mitigating the impacts of freight movement on communities.
In a May 9 decision, the Court of International Trade upheld U.S. Customs and Border Protection’s reasoning for treating post-entry claims of NAFTA preferential duty treatment under 19 USC 1520(d) differently for purposes of waiver depending on whether they were submitted traditionally or through CBP’s reconciliation program.
The new rules “allow for a more effective EU response to illegal measures taken by our trading partners” by giving the EU “a single horizontal framework to react swiftly and effectively.”
Two export control agencies believe that regulatory changes announced this week could have “substantial national and economic security benefits,” particularly for the civil and commercial satellite industry.
According to press reports, the Consumer Product Safety Commission has voted to delay significant changes to its regulations on the certificates of compliance required to be submitted for imported and domestically-made consumer products.
The U.S. argues that Indonesia's revised system did not remove the apparent WTO inconsistencies and introduced new restrictions.
President Obama announced May 7 his intent to withdraw the designation of Russia as a beneficiary developing country under the Generalized System of Preferences. Such a move could escalate tensions with Moscow but could also help pave the way for a renewal of GSP, which would benefit U.S. importers of nearly 5,000 products from more than 120 countries.
The International Trade Administration is seeking public comment no later than June 23 on the differential pricing analysis it is developing to determine when it may be appropriate to use an alternative price comparison method in antidumping duty proceedings. The ITA is working to refine this analysis to help address potentially hidden or masked dumping that can occur when the standard comparison method is used.
The Consumer Product Safety Commission reported May 5 an increase in imported shipments screened through its risk assessment methodology targeting system and stopped for violative or defective products during the second half of fiscal year 2013 (April 1 through Sept. 30, 2013).