Full list of exporters here. 

Import volume here.  

Background on AD Investigations 

Antidumping duty (“AD”) is brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. The domestic industry initiating the investigation is known as the petitioner, while the foreign industry participating in the investigation is known as the respondent. 

Scope of the Investigation 

The merchandise covered by these investigations is all forms of polytetramethylene ether glycol (“PTMEG”).  

The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheadings: 3907.29.00 and 2932.11.00.   

Full scope here.

Next Steps 

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days. 

As with any proceeding, participation is very important to protect your rights. We urge anyone who imports Polytetramethylene Ether Glycol from China, South Korea, Taiwan, or Vietnam to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage. 

AD investigations can result in determinations adverse to respondent interests for years that could effectively prohibit access to the U.S. market. Failure to effectively participate in investigations can put exporters and importers at a significant disadvantage. 

Diaz Trade Law will continue to monitor this case and share updates.

For more information or questions, get in touch with us at 305-456-3830 or info@diaztradelaw.com. 

The CIT Order

In the order, Judge Eaton clearly stated that the court has jurisdiction under 28 U.S.C. § 1581(i), the CIT has national jurisdiction and the ability to issue a broad order, that he is the judge to whom all IEEPA refunds have been assigned, and that he views the facts and law as clear. It is not clear whether he is also ordering the refunds for everyone else not in court, which will unquestionably be further litigated. 

We note that in response to written questions from the court, U.S. Customs and Border Protection stated that they were continuing to liquidate entries with IEEPA duties if they were deposited at the time of entry, that they were not issuing refunds, and that they had not issued instructions to liquidate without IEEPA duties. They further stated that any refunds will require a review to determine if there was a violation of other customs laws or if other duties, taxes, and fees were still owed. In other words, CBP intends to conduct detailed reviews of all entries before issuing refunds. The responses provided by CBP to the Judge were reviewed by the Judge and likely resulted in his rather strongly worded order. 

We anticipate a prompt filing of an appeal of this order to the Court of Appeals for the Federal Circuit (CAFC), challenging both the broad nature of the relief and the potential applicability to parties not currently in court. We believe that the CAFC will set an expedited briefing process for this appeal, and we also anticipate that the United States will seek to have this order reviewed by the Supreme Court, but at least with respect to parties in court, this will be a very weak case. 

What Importers Should Do

This order is a significant positive development and strongly suggests that the court is not going to tolerate delays for tariff refunds. Importers in court may receive refunds in a matter of months, if not weeks, rather than years, as desired by the Trump administration.  

We continue to believe that filing litigation at the U.S. Court of International Trade is the surest bet to get refunds of IEEPA duties and to get refunds quickly.

Additionally, if you are not currently enrolled in ACE and/or have not set up your ACH Refund, we highly recommend you set up an ACE Account and set up your ACH Refund application through the ACE Portal.  Once an application for ACH Refund is successfully submitted and approved in the ACE Portal, all future refunds will be issued electronically to the designated U.S. bank account.

This is a quickly moving process, and we will keep you abreast as key changes come to light.  

If you have any questions regarding any other import or export-related matter, please do not hesitate to contact our office at info@diaztradelaw.com. 

Follow our tariffs & trade deals page to keep up with the latest trade news.

Read more:

• Supreme Court Rules IEEPA Tariffs Are Unlawful
• Reminder: CBP Now Issues Refunds via ACH Through ACE
• Why You Need Your Own Ace Account
• Tariffs at the Supreme Court!
• High Tariffs, High Stakes: The Rise in Customs Fraud and Enforcement Risk
• Bloomberg Law: Tariff Classification Basics
• ICYMI: Trump Administration Imposes 25% Steel and Aluminum Tariff
• ICYMI: President Trump Signs America First Trade Policy
• Trump Administration Announces Plan for Reciprocal Tariffs
• New Tariffs on Mexico, Canada, and China: Key Updates for Importers
• Navigating Tariff Increases: Strategies to Minimize Tariff Costs Under the Trump Administration
• Webinar: Navigating Tariff Challenges: Mitigation Tools & Tactics
• Trump Administration Announces Reciprocal Tariffs

The Executive Order (effective July 1, 2025) revoked the following six prior executive orders dating back to 2004:

• Executive Order 13338 of May 11, 2004 (Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria),
• Executive Order 13399 of April 25, 2006 (Blocking Property of Additional Persons in Connection With the National Emergency With Respect to Syria)
• Executive Order 13460 of February 13, 2008 (Blocking Property of Additional Persons in Connection With the National Emergency With Respect to Syria)
• Executive Order 13572 of April 29, 2011 (Blocking Property of Certain Persons with Respect to Human Rights Abuses in Syria)
• Executive Order 13573 of May 18, 2011 (Blocking Property of Senior Officials of the Government of Syria)
• Executive Order 13582 of August 17, 2011 (Blocking Property of the Government of Syria and Prohibiting Certain Transactions with Respect to Syria).

The revocation of Executive Order 13338 ended the national emergency that underpinned the subsequent executive orders.

The Executive Order also waived certain sanctions imposed by the Syria Accountability Act and the Chemical and Biological Weapons Control and Warfare Elimination Act.

On June 30, the U.S. Office of Foreign Assets Control (OFAC) took action to implement the executive order by removing 518 previously sanctioned persons and companies from the Specially Designated Nationals and Blocked Persons (SDN) List, restoring their access to U.S. financial systems. 

The U.S. has had sanctions on Syria since 1979, when the U.S. designated it a state sponsor of terrorism. The U.S. expanded those measures in 2004 over Syria’s military presence in Lebanon and again in 2011 in response to President Bashar Assad’s crackdown on protesters.

Why Now

The revocation of sanctions fulfills a commitment Trump made during a visit to Saudi Arabia in May to lift all sanctions on Syria. Saudi Arabia and Turkey have both pushed for the U.S. to remove the restrictions to facilitate reconstruction after the overthrow of the Assad regime in 2024. The move aligns the U.S. with recent actions by the European Union and the U.K., both of which lifted economic sanctions earlier this year.  

Some Sanctions Still Remain

Some sanctions can only be removed through congressional action. For example, sanctions under the Caesar Act that target individuals, entities, and governments supporting the Syrian regime of Bashar al-Assad will remain in place. Syria also remains designated as a State Sponsor of Terrorism, which continues to restrict investment and diplomatic engagement. However, the executive order directed relevant agencies to examine these restrictions and assess what is required to suspend them.  

Targeted sanctions remain in place against Bashar al-Assad, his inner circle, terrorist organizations, and entities linked to drug trafficking, chemical weapons, and Iranian proxies. 

If you have questions on sanctions or export-related matters, contact Diaz Trade Law today at info@diaztradelaw.com or 305-456-3830.

Read more:

• Office of Foreign Assets Control (OFAC) Sanctions Compliance
• Bloomberg Law: US Sanctions Lists
• ICYMI: Congress Doubles the Statute of Limitations for Sanctions Violations

The Commission found that an industry in the United States is not materially injured or threatened with material injury by reason of these imports.

Investigation Background

The Commission instituted these investigations effective October 4, 2023, following receipt of petitions filed by the U.S. Aluminum Extruders Coalition.

The Department of Commerce made preliminary determinations that imports of aluminum extrusions from China, Indonesia, Mexico, and Turkey were subsidized and that imports of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam were sold at less than fair value.

Following this preliminary determination, the final phase of the investigations was scheduled by the Commission. The Commission conducted its hearing on October 1, 2024 where all persons who requested the opportunity were permitted to participate.

Immediate Impact

CBP has been instructed to discontinue the suspension of liquidation of entries of merchandise which were entered, or withdrawn from warehouse, for consumption on or after March 11, 2024. These entries should be liquidated without regard to countervailing duties. Further, all estimated countervailing duties deposited on entries of the subject merchandise will be refunded.

December 2024 update: The parties who petitioned for the antidumping and countervailing duties to be applied have filed an appeal to the U.S. Court of International Trade. The case is expected to take at least a year and does not create any obligation to continue to deposit AD/CVD duties. Additionally, CBP has received the official termination instructions to no longer collect AD/CVD duties for these cases and to refund any AD/CVD duties that an importer may have previously made.

If you have questions about how this determination impacts your business, get in touch with us at 305-456-3830 or info@diaztradelaw.com.

Learn more:

• Webinar: Basics on AD/CVD
• Bloomberg Law: Tariff Classification Basics
• Webinar: Navigating CBP Regulations: Essential Practices for Import Success
• Webinar: Building and Maintaining an Effective Import Compliance Plan

U.S. Customs and Border Protection (CBP)

• On February 2, U.S. Customs and Border Protection (CBP) successfully deployed the following functionality in the modernized ACE Portal:
  • Individual Licensed Broker (ILB) Indicator for Broker Employees
    • When viewing and editing a “Trade Employee,” users can now indicate that an employee is also a licensed broker
  • Improved Functionality for Uploading Employees
    • The bulk upload process now allows up to 200 employees to be uploaded
    • A new “Pending” status is displayed to show that a bulk upload is in progress
      • Important: When viewing the “View Uploads” list after completing an upload action, users should click the “Refresh” button periodically to view the updated “# of Successes,” “# of Errors,” and “Status” for the upload
    • Duplicate employees are no longer created
  • New Column on Broker Employees List
    • The “Employee End Date” field is now displayed as a column on the “Employees” list for “Broker Permit”
  • Check for Duplicate Social Security Numbers (SSN) when Creating an Employee Record
    • When creating a new employee, the system now prevents the creation of records with duplicate SSNs
• On March 18, 2023, CBP will deploy the Uyghur Forced Labor Prevention Act (UFLPA) Region Alert enhancement to the Automated Commercial Environment (ACE). This enhancement will provide an early notification to importers and their representative of goods that may have been produced in the Xinjiang Uyghur Autonomous Region (Xinjiang or XUAR) and may be excluded from importation into the United States. This enhancement includes electronic data interchange (EDI) impacts.

United States Attorney for the Southern District of New York 

• U.S. Attorney announces $22.8 Million settlement of civil fraud lawsuit against vitamin importer for underpaying customs duties owed on products imported into the United States. Under the settlement agreement approved by U.S. District Judge Mary Kay Vyskocil, IVC will pay $22,865,055 to the United States. As part of the settlement agreement, IVC also made admissions regarding its conduct. IVC admitted that, between 2015 and 2019, it utilized HTS classifications for 32 products it imported from China that carried duty-free rates, even though those products, if accurately classified, would have been subject to the payment of duties.

U.S. Government Accountability Office

• The U.S. Government Accountability Office has released their investigative report to the Ranking Member of the Subcommittee on Competition Policy, Antitrust, and Consumer Rights Committee on the Judiciary U.S. Senate. The report delves into Antidumping and Countervailing Duties.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

To receive an email notification whenever a new post is published, please subscribe to our weekly blog here.

Department of Commerce 

• The United States Department of Commerce, International Trade Administration (ITA), is announcing one upcoming trade mission that will be recruited, organized, and implemented by ITA. This mission is: Executive-led Business Development Trade Mission to Kenya with optional (Gold Key) stop in Tanzania, March 28-30, 2023.
  • For further information contact, Jeffrey Odum, Events Management Task Force, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-6397 or email Jeffrey.Odum@trade.gov.
• The Secretary of Commerce, through the Office of Trade and Economic Analysis (OTEA) of the International Trade Administration, received an application for an amended Export Trade Certificate of Review. This notice summarizes the proposed application and requests comments relevant to whether the amended Certificate should be issued.
• DOC determines that countervailable subsidies are being provided to producers and exporters of barium chloride from India.
• On November 23, 2022, DOC published the notice of initiation and preliminary results of a changed circumstances review of the antidumping duty order on certain corrosion inhibitors from the People’s Republic of China. For these final results, Commerce continues to find that Kanghua Chemical Co., Ltd. (Chuzhou Kanghua) is the successor-in-interest to the Nantong Kanghua Chemical Co., Ltd (Nantong Kanghua).

International Trade Commission

• The U.S. International Trade Commission (USITC) has determined not to review an initial determination of the presiding administrative law judge, amending the complaint and notice of investigation to correct a respondent’s name.

U.S. Department of the Treasury, Office of Foreign Assets Control 

• The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.

• OFAC is publishing two general licenses (GLs) issued pursuant to the Venezuela Sanctions Regulations: GLs 8K and 41, each of which was previously made available on OFAC’s website.

• OFAC is issuing this final rule to adjust certain civil monetary penalties for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

U.S. Customs and Border Protection 

• U.S. Customs and Border Protection (CBP) officers working at the Brownsville and Matamoros International Bridge Port of Entry seized $931,739 in bulk, unreported U.S. currency.
• CBP officers at the Otay Mesa port of entry thwarted a significant smuggling attempt after discovering two live toucans wrapped in stockings hidden inside a traveler’s purse. The incident occurred at about 4 p.m., on December 26, when a CBP officer encountered two travelers, a 35-year-old male and a 37-year-old female, in a 2015 Toyota Camry, applying for entry into the U.S. at the Otay Mesa vehicle lanes.
• CBP officers in Louisville are seeing nightly counterfeit jewelry shipments arriving from locations known to produce fakes. On January 2, Louisville CBP seized a shipment of jewelry deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

To receive an email notification whenever a new post is published, please subscribe to our weekly blog here.

United States Department of Commerce (DOC)

• The U.S. Department of Commerce (DOC) determines that certain lemon juice from Brazil is being, or is likely to be, sold in the United States at less than fair value. DOC conducted verification of the information relied upon in making its final determination in this investigation with respect to Louis Dreyfus Company Sucos S.A. (LDC) and Citrus Juice Eireli (Citrus Juice)
  • DOC determines that certain lemon juice from the Republic of South Africa is being, or is likely to be, sold in the United States at less than fair value (LTFV).
•  DOC determines that certain steel nails from India are being, or are likely to be, sold in the United States at less than fair value (LTFV).
  • DOC determines that certain steel nails from Thailand are being, or are likely to be, sold in the United States at less than fair value (LTFV).
  • DOC determines that certain steel nails from the Republic of Turkey are being, or are likely to be, sold in the United States at less than fair value (LTFV).
• DOC initiated a changed circumstances review of the antidumping duty order on polyethylene terephthalate sheet from the Sultanate of Oman. DOC preliminarily determines that revocation of the order is warranted. Interested parties are invited to comment on these preliminary results.
• DOC preliminarily finds that circular welded carbon-quality steel pipe from the Sultanate of Oman was sold in the United States at less than normal value (NV) during the period of review, December 1, 2019, through November 30, 2020, and the POR, December 1, 2020, through November 30, 2021. Interested parties are invited to comment on these preliminary results.
• As a result of this expedited sunset review, DOC finds that revocation of the antidumping duty (AD) order on paper clips from the People’s Republic of China would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Sunset Review” section of this notice.
• DOC received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce’s regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of November 2022.

United States International Trade Commission (USITC)

• The United States International Trade Commission (USITC) provided a notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on gray portland cement and cement clinker from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
• USITC provided a notice that it will proceed with full reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty order on stainless steel sheet and strip (SSSS) from South Korea, and the antidumping duty orders on SSSS from Japan, South Korea, and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date.
• USITC provided a notice that it will proceed with a full review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on steel nails from the United Arab Emirates would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date.
• USITC provided a notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty orders on emulsion styrene- butadiene rubber (ESBR) from Brazil, Mexico, Poland, and South Korea would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.
• USITC provided a notice that it will proceed with a full review pursuant to the Tariff Act of 1930 to determine whether revocation of the antidumping duty order on steel nails from the United Arab Emirates would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date.

Office of the United States Trade Representative (USTR)

• The Office of the United States Trade Representative (USTR) announced the United States Senate confirmed Doug McKalip to serve as Chief Agricultural Negotiator in the Office of the United States Trade Representative.  This vote comes after the Senate Finance Committee unanimously approved of McKalip’s nomination by a vote of 27-0.
  • Elected officials, producers, and stakeholders applauded the Senate vote and expressed their enthusiasm for McKalip as he takes on this new role.

U.S. Customs and Border Protection (CBP)

• U.S. Customs and Border Protection (CBP) provided a memorandum to provide guidance on extending 352 previously reinstated Section 301 product exclusions for an additional nine months which are currently scheduled to expire on December 31, 2022.
• CBP began detaining merchandise produced or manufactured by Jingde Trading Ltd., Rixin Foods. Ltd., and Zhejiang Sunrise Garment Group Co. Ltd. at all U.S. ports of entry on Dec. 5, 2022. This enforcement action is the result of a CBP investigation indicating that these companies use North Korean labor in their supply chains in violation of the Countering America’s Adversaries Through Sanctions Act (CAATSA).
  • CBP has barred imports from three companies, including a supplier to Western apparel companies, that the agency says could be using North Korean forced labor.
• CBP announced in a message the termination of Burkina Faso as a beneficiary sub-Saharan African country to the AGOA, effective January 1, 2023, per Presidential Proclamation dated December 23, 2022.
  • For more information we encourage you to view the announcement here.
• Ahead of the new year, CBP has released its Trade News Snapshot – Volume 4, Issue 6. 

U.S. Department of the Treasury Office of Foreign Assets Control (OFAC)

• The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is updating the identifying information on its Specially Designated Nationals and Blocked Persons List (SDN List) for two individuals whose property and interests in property subject to U.S. jurisdiction are blocked pursuant to Executive Order 13224, as amended.
• OFAC is publishing two general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GLs 8D and 40C, which were previously made available on OFAC’s website.

U.S. Fish and Wildlife Service (FWS)

• The U.S. Fish and Wildlife Service (FWS), propose to designate critical habitat for the federally threatened `i`iwi under the Endangered Species Act of 1973, as amended. In total, approximately 275,647 acres (111,554 hectares) on the islands of Kaua`i, Maui, and Hawai`i, in the State of Hawaii, fall within the boundaries of the proposed critical habitat designation.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

To receive an email notification whenever a new post is published, please subscribe to our weekly blog here.

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

• The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
• OFAC is adding regulations to implement Executive Order 14059 of December 15, 2021, “Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade”. These regulations are currently available for public inspection with the Federal Register and will take effect upon publication in the Federal Register on Tuesday, December 20, 2022.
  • OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive guidance and definitions, general licenses, and other regulatory provisions.
• OFAC is publishing the names of persons whose property and interests in property have been unblocked and who have been removed from the list of Specially Designated Nationals and Blocked Persons.

U.S. Customs and Border Protection (CBP)

• The U.S. Customs and Border Protection (CBP) announces the  DR-CAFTA contains quantitative restraints associated with a reduced duty rate for agricultural products that meet the requirements for a “qualifying good.” A qualifying good is one that meets the product specific rule of origin; however, U.S. materials or inputs are considered to be of a non-Party, i.e., U.S. materials are considered non-originating. The tariff rate quotas (TRQs) cover products such as sugar, sugar-containing products, beef, cheese, milk powder, butter, other dairy products, ice cream, milk, cream, and sour cream.
• CBP announced from September 16, 2022, through December 1, 2022, the document attachment functionality of the Automated Commercial Environment (ACE) Protest Module was inoperative. As announced in Cargo Systems Messaging Service (CSMS) message #54197466 the issue has been resolved and document attachment functionality is restored.
  • • Protest filers impacted by the error should upload any documents supporting a Section 514 protest or a Section 520(d) post-importation claim as soon as possible but no later than Monday, January 30, 2023. Documents must only be uploaded to the protest record; no documents will be accepted through email or any other means.
      • During this lapse in functionality, protests or 520(d) claims, submitted between September 16th and December 1st should not have been denied solely because supporting documents were not attached. In the event that CBP did deny a protest during this time period based on documents not being attached, protestants may submit a 19 U.S.C. 1515(d) void denial request, in accordance with the ACE Business Rules. For 520(d) claims that were denied for the reasons described above, the filer will need to submit a Section 514 protest.
• CBP announced the annual Customs Broker permit user fee due date for the 2023 calendar year is February 24, 2023. The annual permit user fee reflects changes made by two final rules (87 FR 63267 and 87 FR 63262) published in the Federal Register on October 18, 2022, and effective December 19, 2022, that eliminate broker districts and district permits, and transition all customs brokers to a single national permit.
  • The fee for the 2023 calendar year is $163.71 and is due to the processing Center no later than February 24, 2023. The annual permit user fee will only be collected for active national permits.

U.S. International Trade Commission (USITC)

• The U.S. International Trade Commission (USITC) has given notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 to determine whether revocation of the countervailing duty order on steel concrete reinforcing bar from Turkey and the antidumping duty orders on steel concrete reinforcing bar from Japan, Taiwan and Turkey would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
• The USITC on the basis of the record developed in five-year reviews, has determined pursuant to the Tariff Act of 1930 that revocation of the antidumping duty orders on certain stainless steel pipe from South Korea and Taiwan would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

Environmental Protection Agency (EPA)

• The United States Environmental Protection Agency (EPA) announced a regulation which establishes tolerances for residues of simazine in or on citrus fruits (crop group 10-10), pome fruits (crop group 11-10), stone fruits (crop group 12-12), and tree nuts (crop group 14-12) and amends the tolerance for residues in or on almond hulls. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

National Institute of Standards of Technology

• The National Institute of Standards of Technology announced the 2023 Interim Meeting of the National Conference on Weights and Measures (NCWM) will be held in-person at the Hyatt Regency Savannah in Savannah, Georgia from Sunday, January 8 through Wednesday, January 11, 2023. This notice contains information about significant items on the NCWM Committee agendas but does not include all agenda items. As a result, the items are not consecutively numbered.

Department of Commerce (DOC)

• On December 9, 2022, the Department of Commerce (DOC)’s International Trade Administration announced the United States- Mexico-Canada Agreement (USMCA) Secretariat received a Consent Motion to Terminate Panel Review from Hogan Lovells US LLC on behalf of Evraz Inc. NA in the above-mentioned dispute. As a result, and pursuant to Rule 75(2) of the USMCA Rules of Procedure for Article 10.12 (Binational Panel Review), the USMCA dispute USA-CDA-2022-10.12-01 has been terminated effective December 9, 2022.
• DOC is amending the Export Administration Regulations (EAR) by adding thirty-six entities to the Entity List. These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States and will be listed on the Entity List under the destinations of the People’s Republic of China  and Japan.
• DOC continues to find that Huantai Dongyue International Trade Co., Ltd, Shandong Dongyue Chemical Co., Ltd., Zhejiang Yonghe Refrigerant Co., Ltd., and Zhejiang Sanmei Chemical Ind. Co., Ltd. made no shipments during the period of review (POR), August 1, 2020, through July 31, 2021.
• DOC determines that certain steel nails from the Sultanate of Oman were sold in the United States at less than normal value during the period of review (POR), July 1, 2020, through June 30, 2021.
• DOC preliminarily finds that Ningbo Dongxin High-Strength Nut Co., Ltd., is not eligible for a separate rate. The period of review is April 1, 2021, through March 31, 2022. Commerce is also rescinding the review with respect to Ningbo Zhongjiang High Strength Bolts Co., Ltd.. Interested parties are invited to comment on these preliminary results of review.
• DOC is amending its notice of final results for the 2020 administrative review of the countervailing duty (CVD) order on certain softwood lumber products from Canada.
• DOC determines that certain steel nails from the Sultanate of Oman were sold in the United States at less than normal value (NV) during the period of review (POR), July 1, 2020, through June 30, 2021.
• DOC preliminarily determines that countervailable subsidies are being provided to producers and exporters of multilayered wood flooring  from the People’s Republic of China. The period of review (POR) is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results of review.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

To receive an email notification whenever a new post is published, please subscribe to our weekly blog here.

U.S. Customs and Border Protection (CBP)

• U.S. Customs and Border Protection (CBP) is imposing immediate import restrictions on fish and fish products from the New Zealand inshore set net and trawl fisheries deployed in the range of the Maui dolphin, a marine mammal species endemic to the on the west coast of the North Island in response to the United States Court of International Trade order (Slip Op. 22-130) and in cooperation with the National Marine Fisheries Service (NMFS).
• CBP has implemented Split Processing at the Fort Erie/Peace Bridge Border Crossing for NEXUS/Free and Secure Trade (FAST) Trusted Traveler Programs (TTP) Enrollment Center. A similar split interview process was previously implemented successfully at the Alexandria Bay, N.Y. Port of Entry and Lansdowne Border Crossing and these initiatives represent key strategies to address ongoing demand.

The U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) 

• The Department of the Treasury announced G7 and Australia, as current members of the Price Cap Coalition, on 2 December 2022 reached consensus on a maximum price of 60 U.S. dollars per barrel for seaborne Russian-origin crude oil in line with the unanimous decision by Member States of the European Union to endorse a price level for the price cap on seaborne Russian-origin crude oil.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.

Executive Office of the United States President

• On December 5, the United States and Panama held the third meeting of the Environmental Affairs Council under the United States-Panama Trade Promotion Agreement (TPA). Assistant United States Trade Representative for Environment and Natural Resources Kelly Milton led the U.S. delegation, along with the U.S. Department of State’s Principal Deputy Assistant Secretary for the Bureau of Oceans and International Environmental and Scientific Affairs Jennifer Littlejohn.
  • The Parties highlighted their respective efforts to implement Environment Chapter commitments during the meeting, including their actions to strengthen environmental protection, enforce environmental laws, and promote public participation in environmental decision-making.
• The United States and Bangladesh today convened the sixth meeting of the United States-Bangladesh Trade and Investment Cooperation Forum Agreement (TICFA) Council. The meeting was co-chaired by Christopher Wilson, Assistant United States Trade Representative for South and Central Asian Affairs, and Tapan Kanti Ghosh, Secretary, Bangladesh Ministry of Commerce. Both delegations included officials from trade, labor, agriculture, and other relevant ministries.

The Department of Commerce (DOC)

• The U.S. Department of Commerce (DOC) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with October anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews.
• DOC preliminarily determines that circular welded non-alloy steel pipe from the Republic of Korea (Korea) was sold at prices below normal value for Husteel Co., Ltd. and not sold at prices below normal value for Nexteel Co., Ltd. during the period of review (POR) November 1, 2020, through October 31, 2021. We invite interested parties to comment on these preliminary results.
• DOC determines that Metalco S.A., the sole company subject to the 2020-2021 administrative review of the antidumping duty order on corrosion- resistant steel products from the People’s Republic of China, is part of the China-wide entity because it did not demonstrate its eligibility for a separate rate. The period of review (POR) is July 1, 2020, through June 30, 2021.
• DOC determines that POSCO, a producer/exporter of certain carbon and alloy steel cut-to- length plate from the Republic of Korea, received de minimis net countervailable subsidies during the period of review (POR), January 1, 2020, through December 31, 2020.
• DOC preliminarily determines that countervailable subsidies are being provided to producers and exporters of chlorinated isocyanurates from the People’s Republic of China  during the period of review (POR), January 1, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results.
• DOC preliminarily determines that sales of monosodium glutamate from the Republic of Indonesia have been made below normal value during the period of review (POR), November 1, 2020, through October 31, 2021. We invite interested parties to comment on these preliminary results.
• DOC published the notice of initiation and preliminary results of changed circumstances reviews of the antidumping duty (AD) order on silicomanganese from India. For these final results, Commerce continues to find that NAVA Limited is the successor-in-interest to Nava Bharat Ventures Limited in the context of the AD order on silicomanganese from India. Furthermore, NAVA is entitled to NBVL’s AD cash deposit rate.
• DOC preliminarily finds that Ratnamani Metals & Tubes Ltd. made sales of subject merchandise at less than normal value (NV) in the United States during the November 1, 2020, through October 31, 2021, period of review (POR).

Office of the U.S. Trade Representative (USTR)

• United States Trade Representative Katherine Tai met with the European Commission Executive Vice President Valdis Dombrovskis to hold the first Ministerial Meeting of the Working Group on large civil aircraft. They affirmed the U.S.-EU Understanding on a Cooperative Framework for Large Civil Aircraft reached in June 2021 and agreed to continue the Working Group’s efforts to confront the challenges posed by China’s non-market economic policies.
• USTR Katherine Tai, European Commission Executive Vice President Valdis Dombrovskis, and U.S. Department of Labor’s Deputy Undersecretary for International Affairs Thea Lee co-hosted the inaugural principals’ meeting of the U.S. – EU Trade and Labor Dialogue at the University of Maryland, College Park.
• The Office of the U.S. Trade Representative, the U.S. Department of Labor, and the European Commission led today the inaugural principals’ meeting of the United States and European Union tripartite Trade and Labor Dialogue. The meeting included key U.S. and EU labor and business representatives, and focused on identifying opportunities for governments, labor unions, and businesses to collaborate to eliminate forced labor in supply chains.
• USTR announced support for extending the deadline to decide whether there should be an extension of the World Trade Organization (WTO) Ministerial Decision on the TRIPS Agreement to cover the production and supply of COVID-19 diagnostics and therapeutics.

U.S. International Trade Commission (USITC)

• The U.S. International Trade Commission (USITC)  has received a complaint entitled Certain Environmental Monitors with Side-Viewable Illumination and Components Thereof, DN 3657; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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U.S. Customs and Border Protection (CBP)

• U.S. Customs and Border Protection (CBP) in partnership with the U.S. Chamber of Commerce, is taking to the airwaves to raise awareness this holiday shopping season about the dangers of counterfeit goods, and how to avoid falling for scams. The two organizations are encouraging shoppers to “unbox real happiness” this holiday season by purchasing genuine goods.
• CBP announced regulations modernizing the customs broker regulations. CBP is transitioning all customs brokers to a single national permit and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States.
  • To accomplish this, CBP is eliminating broker districts and district permits, which in turn removes the need for the maintenance of district offices, and district permit waivers.
  • CBP is also updating, among other changes, the responsible supervision and control oversight framework, ensuring that customs business is conducted within the United States, and requiring that a customs broker have direct communication with an importer.
  • The effective date of this motion is December 19, 2022. 
• CBP will conduct the Vessel Entrance and Clearance Automation Test. This test will allow participants to submit certain vessel entry and clearance data and requests to CBP electronically through the Vessel Entrance and Clearance System (VECS), instead of submitting paper forms, as currently required by CBP regulations.
  • Specifically, this test will allow participants to submit the data required on CBP Forms 26, 226, 1300, 1302, 1303, 1304, and 3171 electronically through VECS prior to arrival or departure from designated ports. 

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

•  The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons and property that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied.
• OFAC is issuing Russia-related General License 54 “Authorizing Certain Transactions Involving VEON Ltd. Prohibited by Executive Order 14071.”
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is issuing Russia-related General License 13C “Authorizing Certain Administrative Transactions Prohibited by Directive 4 under Executive Order 14024.”
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.
• OFAC is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons based on OFAC’s determination that one or more applicable legal criteria were satisfied. Please click on the official document for specific information on who these individuals or entities are.

The Department of Commerce (DOC)

• The Department of Commerce (DOC), in accordance with the Paperwork Reduction Act (PRA) of 1995, invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden.
  • To ensure consideration, comments regarding this proposed information collection must be received on or before January 20, 2023.
• An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Jacksonville Port Authority, grantee of Foreign-Trade Zone 64, requesting authority to reorganize the zone to expand its service area under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR
  400.2(c)).
  • The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usage-driven’’.
• DOC and the U.S. International Trade Commission (USITC) is issuing antidumping duty  orders on oil country tubular goods (OCTG) from Argentina, Mexico, and the Russian Federation. In addition, DOC is amending its final determination with respect to OCTG from Russia to correct a ministerial error.
• Based on affirmative final determinations by the DOC and the U.S. International Trade Commission (USITC), DOC is issuing countervailing duty orders on oil country tubular goods (OCTG) from the Republic of Korea and the Russian Federation.
• DOC hereby publishes a list of scope rulings and circumvention determinations made during the period July 1, 2022, through September 30, 2022. DOC intends to publish future lists after the close of the next calendar quarter.

U.S. Bureau of Industry and Security (BIS) 

• Pursuant to Section 766.24 of the Export Administration Regulations, 15 CFR parts 730–774 (2021) the Bureau of Industry and Security (BIS) hereby grants the request of the Office of Export Enforcement (OEE) to renew the temporary denial order issued in this matter on May 20, 2022. BIS finds that renewal of this order is necessary in the public interest to prevent an imminent violation of the Regulations.

U.S. Food and Drug Administration (FDA)

• The Food and Drug Administration (FDA) is issuing a final rule establishing additional recordkeeping requirements for persons who manufacture, process, pack, or hold foods the FDA has designated for inclusion on the Food Traceability List.
  • The final rule adopts provisions requiring these entities to maintain records containing information on critical tracking events in the supply chain for these designated foods, such as initially packing, shipping, receiving, and transforming these foods.
  • This rule is effective January 20, 2023.
• The U.S. Food and Drug Administration (FDA) has declared that a lab-grown chicken product developed by California food-tech startup Upside Foods is safe for human consumption, setting the stage for a new food revolution in which the world’s meat is grown in bioreactors instead of on factory farms.

Bloomberg News 

• SHEIN, the fast fashion clothing company is on track this year for sales around $8 billion in the US alone. A new investigation traces the origin of the cotton in some Shein clothing to the Xinjiang region of China, where the US and other Western nations say the Chinese government has imprisoned Uyghur Muslims and carried out a campaign of forced labor. Bloomberg senior writer Sheridan Prasso, discusses more in Bloomberg News’ podcast.
  • We encourage you to read our Uyghur Forced Labor Prevention Act (UFLPA) article here and contact Diaz Trade Law at info@diaztradelaw.com for help in complying with UFLPA. 

U.S. International Trade Commission (USITC)

• The U.S. International Trade Commission (USITC) has determined to issue a general exclusion order prohibiting the unlicensed importation of chocolate milk powder and packaging thereof that infringe U.S. Trademark Registration No. 4,206,026. The investigation is terminated.
• Under the USITC, The presiding administrative law judge issued an Initial Determination on Violation of Section 337. On November 14, 2022, the ALJ also issued a Recommended Determination on remedy and bonding 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. This notice is soliciting comments from the public only. 
• The USITC determines, pursuant to the Tariff Act of 1930 that revocation of the antidumping duty order on
  ferrovanadium from South Korea would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

To receive an email notification whenever a new post is published, please subscribe to our weekly blog here.