The Advisory follows President Trump’s Executive Order on June 30, 2025, formally removing U.S. sanctions on Syria and directing agencies to take additional measures to encourage U.S. private sector and foreign partner reengagement in Syria.

New Opportunities & Remaining Restrictions

The Advisory outlines what business with Syria is now permissible as well as what restrictions remain.

Permissible Business:

• The United States no longer imposes comprehensive sanctions on Syria. 
• The Caesar Act is suspended, except for sanctionable transactions with Russia and Iran.
• The transfer of most basic civilian use U.S.-origin goods, as well as software and technology, to or within Syria is permitted without a license. 

Remaining Restrictions:

• Sanctions remain on “the worst of the worst:” Bashar al-Assad and his associates, human rights abusers, drug traffickers, and other destabilizing regional actors.
• The U.S. Government continues to review Syria’s State Sponsor of Terrorism (SST) designation. 
• Most Commerce Control List items going to Syria still require a U.S. export license.

What Exporters Should Do

The removal of Syria sanctions and the easing of export-control requirements open up new opportunities for exporters who have avoided the market to comply with U.S. law. However, exporters should proceed with caution and ensure they conduct thorough due diligence before engaging in any business in Syria. 

While sanctions have largely been lifted, certain sanctions remain in effect for individuals and entities related to Bashar al-Assad and his affiliates. Exporters should also be mindful of the historic links between Syrian entities and Iran. Due diligence should address potential sanctions issues with indirect relationships with Iran or Iranian entities. 

Before conducting business with Syria, exporters should consult legal counsel to ensure proper due diligence is conducted. Violations of export control laws carry hefty civil and criminal penalties. Exporters can face steep penalties, lose their export privileges, and even be imprisoned for violating U.S. export control laws. 

A key foundation of proactive and effective export compliance requires the development of an export compliance plan, which establishes procedures for your organization, including how to identify violations and what to do when violations occur. 

Diaz Trade Law helps exporters create export compliance manuals, audit existing compliance plans, and conduct internal compliance training. Get in touch with us today to learn more about how this Advisory may impact your business. 305-456-3830 or info@diaztradelaw.com

Learn more:

• Bloomberg Law: Building & Maintaining an Effective Export Compliance Plan
• Bloomberg Law: Export Licensing Under EAR
• Bloomberg Law: Submitting a Voluntary Self-Disclosure to OFAC
• Webinar: Introduction to Export Controls
• The Importance of Regular Export Compliance Training for Your Business
• ICYMI: President Trump Lifts Syria Sanctions

What makes this potential shutdown different from previous lapses in funding is the lack of contingency plans within the relevant agencies. The White House’s Agency Contingency Plan page is blank. 

Until agencies update their guidance, we can only look to previous contingency plans.

Below is a breakdown of previously issued agency guidance. ,

U.S. Customs and Border Protection

According to the Department of Homeland Security’s most recent contingency plan (March 2025) cargo inspection functions at ports of entry will remain active during a shutdown. However, certain activities, such as training and auditing, are not required to be carried out during this time. In addition, back-office support positions are not likely to be deemed essential and will be furloughed. Refunds, audits, ruling requests, etc., would be delayed until the shutdown ends.

There remains uncertainty around which specific offices will be deemed essential. For example, Forced Labor Communications may be furloughed, resulting in delays in reviewing the Enforce and Protect Act (EAPA) and Uyghur Forced Labor Prevention Act (UFLPA) allegations.

U.S. Department of Commerce

According to the Department of Commerce’s most recent contingency plan (September 2023), some International Trade Administration (ITA) activities, such as trade policy negotiations, will be considered necessary for national security and will operate during a shutdown. However, many other activities are not likely to be deemed essential. For example, in the last shutdown in 2019, the ITA and the Bureau of Industry and Security operated with a significantly reduced staff and budget. All antidumping and countervailing duty (AD/CVD) investigations and administrative proceedings will stop.

U.S. Department of State

According to the department’s most recent contingency plan (August 2023), many administrative functions will be subject to furloughs, which will result in a delay in licensing and other regulatory functions.

Food and Drug Administration (FDA)

Unlike many other agencies that are funded solely by government appropriations, the majority of FDA staff is funded by other revenue (agency fees) and is therefore exempt from a government shutdown. According to the agency’s most recent contingency plan (December 2023), 77% of FDA staff will be retained in the event of a lapse of appropriation. Entry reviews and exams will continue, as well as high-risk investigations. However, importers should expect delays in the processing of import transactions.

While many agencies and employees critical to international trade will not be subject to furloughs during a shutdown, companies should still expect delays and disruptions. Diaz Trade Law will continue to monitor developments and provide updates when they become available.

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 settlement resolved multiple violations including:

• Unauthorized exports of defense articles resulting from the failure to establish proper jurisdiction and classification
• Unauthorized exports of defense articles, including classified defense articles
• Unauthorized exports of defense articles by employees via hand-carry to proscribed destinations listed in 22 C.F.R. 126.1; and
• Violations of terms, conditions, and provisos of Directorate of Defense Trade Controls (DDTC) authorizations

RTX disclosed the violations voluntarily and cooperated with the State Department’s review.

Under the terms of the agreement, RTX will pay a penalty of $200M. $100 million will be suspended and used for remedial compliance measures to improve RTX’s compliance program. RTX must also engage an external Special Compliance Officer to ensure compliance with the agreement for at least 24 months.

This settlement demonstrates the State Department’s priorities in enforcing export controls and the importance of prioritizing compliance programs.

Diaz Trade Law can help create a new export compliance plan for your business or review and update an existing one. To learn more about how we can help, contact us at info@diaztradelaw.com or call us at 305-456-3830.

Read more:

• The Importance of Regular Export Compliance Training for your Business
• Building a Strong Export Compliance Plan
• Building & Maintaining an Effective Export Compliance Plan
• Introduction to Export Controls

Below we share some of our top 2022 success stories with you.

Successfully Mitigated Penalty Actions and Refunds Issued by CBP to our Clients

• Our client wanted to know the status of prior CBP refunds and the status of the return of their collateral paid to their surety. Through our ACE report we were able to confirm over $500,000 in refunds, and our FOIA discovered where the checks were sent to. We were able to assist in ensuring the CBP refunds were properly returned to our client. Similarly, we were able to work with the surety to ensure the collateral posted was properly returned. 
• Our client received 4 penalties totaling $411,641 from CBP. After Diaz Trade Law filed a successful Petition with CBP, the penalties were mitigated with a total savings of $356,803.20!​
• Our client received a penalty of $307, 970 from CBP in accordance with Title 19. After Diaz Trade Law intervened, the penalty was determined to be mitigated in full.
• Our client received a penalty in the amount of $216,867.00 from CBP. After Diaz Trade Law filed a successful Petition with CBP, the penalty was mitigated in full!​
• Our client received a penalty of $118, 237 from CBP in accordance with Title 7 and Title 9. After Diaz Trade Law intervened, the penalty was afforded mitigation in the amount of $11, 823.70.
• Our client received multiple CBP Notices of Penalty. Diaz Trade Law convinced CBP to agree to receive one Petition covering all FP&F cases, and similarly agreed to the mitigation requested in our Petition and the over $43,000+ penalties were mitigated down to just $1,500 (a huge savings to our client).​
• Our client received a penalty of $39,800 for allegedly importing counterfeit merchandise. Diaz Trade Law was successful in getting this penalty CANCELED entirely!
• Our client incurred a penalty from CBP in the amount of $29,386.00. Diaz Trade Law filed a petition with CBP and the penalty was mitigated down to $2,938.60, or 10%. ​
• Our client received a $14,362 penalty from CBP for incorrectly filing Electronic Export Information (EEI). After Diaz Trade Law’s successful petition, CBP mitigated the penalty to $750 (a 95% reduction!).
• Our client was fined for misclassifying their products with CBP. After Diaz Trade Law intervened and claimed prior disclosure treatment, CBP refunded an overpayment of $10,618.56.
• Our client received penalty relief from CBP after Diaz Trade Law filed a successful supplemental petition.​​​

Successfully Mitigated Liquidated Damages Claims 

• Our client received a liquidated damages claim of $50,000 from CBP. After Diaz Trade Law filed a successful supplemental petition, CBP agreed to mitigate the claim down to $10,000 (a savings of $40,000 to our client). 
• Our client received a liquidated damages claim from CBP in the amount of $50,000. Diaz Trade Law filed a successful supplemental petition, and CBP agreed to mitigate the claim down to $204 (a savings of $49,796 to our client). 
• Diaz Trade Law filed a strong petition for a client who received a liquidated damages claim of $23,220, with CBP later granting relief of the liquidated damages to our client upon payment of a mitigated amount of $3,483 (a savings of $19,737 to our client). 
• Our client who received four liquidated damages claims at the same time, totaling $20,000.00. Diaz Trade Law convinced CBP to accept one Petition (instead of 4) and CBP agreed to mitigate the claims down to $4,000.00 (a savings of $16,000.00 to our client).
• Our client received a liquidated damages claim of $15,336 after Diaz Trade Law filed a successful supplemental petition, CBP granted relief  ​
• Our client received a liquidated damages claim from CBP. Diaz Trade Law filed a strong petition, with CBP granting a relief of the liquidated damages penalty upon payment. ​
• Diaz Trade Law submitted a successful petition requesting relief from the Liquidated Damages claim assessed by CBP against our client. CBP agreed the subject liquidated damages case should be closed.​

CBP Detention Assistance 

• Our client’s Cuba-bound humanitarian shipments were detained. After Diaz Trade Law intervened and demonstrated the shipment did not violate U.S. sanctions, CBP released the merchandise.
• Our client’s goods were detained by CBP for an alleged counterfeit violation. After Diaz Trade Law filed a supplemental petition, CBP agreed that the merchandise detained was not actually counterfeit as initially alleged, but was confusingly similar, and authorized the exportation.
• Our client’s goods were detained by CBP for alleged trademark infringement. After Diaz Trade Law successfully obtained the trademark holder’s consent to release the seized goods, and then quickly filed a petition with CBP, within a record of 20 days after receiving our petition, CBP agreed to release our clients’ legitimate goods.
• Our client’s goods were detained by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP partially released our client’s goods, and proceeded with completing the release when the license was approved. ​
• Diaz Trade Law’s efforts were instrumental in ensuring the importer had a fair chance to prove their goods were not in violation. After a DOT inspection of the goods, in the presence of CBP, it was determined the goods were not in violation and were released.  ​​​​

Successfully Assisted in CBP Corporate Broker Licensing 

• As part of a company’s acquisition of a custom brokerage firm, Diaz Trade Law assisted our client in acquiring their corporate broker license!
• Diaz Trade Law successfully assisted our client in acquiring their broker license.​

United States Patent Trademark Office (USPTO)

• Diaz Trade Law successfully registered numerous brands with USPTO and thereafter recorded those trademarks with U.S. CBP! ​

Food Drug Administration (FDA) Recalls

• Our client’s products were recalled by the FDA. After Diaz Trade Law assisted with the recalls, the FDA terminated the recall.

Antidumping and Countervailing Duty (AD/CVD)

• Our client Diaz Trade Law requested a scope ruling for our client’s solar panel modules/cells. The U.S. Department of Commerce confirmed our client’s products did not fall within the scope of the AD/CVD orders.

Binding Rulings/FOIA

• Our client wanted confirmation on the correct Harmonized Tariff Schedule (HTSUS). After Diaz Trade Law’s persuasive binding ruling request, our client obtained the binding ruling it desired!
• Diaz Trade Law submitted a FOIA on behalf of our client requesting copies of CBP lab reports. The FOIA was processed quickly and effectively with the help of Diaz Trade Law.
• Diaz Trade Law submitted a FOIA on behalf of our client requesting copies of CBP lab reports. Our client’s FOIA was processed swiftly and effectively.

Export Compliance and Enforcement Mitigation Assistance

• Diaz Trade Law actively assisted exporters:
  • Vetting proposed export transactions
  • Providing voluntary self-disclosures to Census and OFAC
  • Developing an effective export compliance plan
  • Developing export compliance training
  • With mitigation and corrective action
  • Presenting export report cards to clients based upon an analysis of ACE data
  • Analyzing export trade data
  • With mitigation of export seizures and penalties

Protests

• Our client received a CF-29 Notice of Action Taken from CBP alleging country of origin and FTA mis declarations. 
  • Diaz Trade Law filed a strong protest demonstrating the validity of our client’s original country of origin and FTA claims, which ultimately resulted in CBP approving the protest and issuing appropriate refunds to our client.​

Assisted Numerous Importers in Filing Prior Disclosures and Voluntary Self-Disclosures Accepted by CBP 

• Diaz Trade Law successfully assisted our client in filing a Prior Disclosure (PD) with CBP. The PD was accepted, resulting in no penalties being assessed to our client.
• On behalf of our client, Diaz Trade Law submitted a perfected prior disclosure for an underlying valuation error, CBP accepted the disclosure and waived the interest penalty. ​. ​

Successfully Assisted Numerous Importers in Various Seizure Cases

• Our client’s goods valued at $123,267 were seized by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP agreed the merchandise should be released!​
• Our client’s goods valued at almost $100k were seized by CBP because they did not have the required export license. After Diaz Trade Law’s successful petition, CBP agreed that the merchandise should be released!​
• CBP seized our client’s goods valued at $34,466 and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products upon a mitigated penalty of $3,466.  ​
• Our client failed to declare $33,100 when traveling domestically, and their currency was seized by CBP. After Diaz Trade Law’s successful petition, CBP released the currency with a mitigated penalty of $2,500 (returning $30,600 to our client). ​
• CBP seized our client’s goods valued at $23,448 and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products upon a mitigated penalty of $1,000. ​
• CBP seized our client’s goods and after Diaz Trade Law’s successful petition, CBP agreed to release our client’s products! ​
• Our client’s products were seized for violations of 19 U.S.C. 1526(e) for bearing unauthorized markings. After Diaz Trade Law intervened, CBP granted partial relief for the forfeiture.
• CBP seizures can be difficult to navigate. When our client received the CBP seizure notice for an underlying intellectual property rights counterfeit claim, Diaz Trade Law filed a persuasive petition (including communicating with and receiving a letter of consent from the trademark owner) which led to CBP agreeing to release our client’s products!    ​

Office of Foreign Affairs Control (OFAC)

• Our client’s wire payments of almost $1M from Venezuela were blocked by its U.S. bank for possible violations of U.S. sanctions laws.
  • After Diaz Trade Law filed specific license applications with the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), OFAC issued specific licenses authorizing the legitimate funds to be unblocked and returned to our client. ​
• Diaz Trade Law submitted a successful specific license request that was granted by OFAC. ​

United States Department of State (DOS)

• Diaz Trade Law filed a successful license application with the Department of State on behalf of a client.

Foreign Trade Zone

• Our client wanted to expand its current Foreign Trade Zone (FTZ). Diaz Trade Law assisted in submitting a request for a Minor Boundary Modification of its FTZ. Diaz Trade Law was successful in having this request approved by U.S. Customs and Border Protection.

Awards 

• In 2022, Diaz Trade Law President Jennifer Diaz received the following awards:
  • Award of Excellence in the Promotion of Board Certification, Board of Legal Specialization & Education.
  • 2022 Florida Super Lawyer.
  • Florida Trend’s Florida Legal Elite™.
  • Award of Exemplary Service, Florida Bar International Law Section.
  • MDBA Legacy Award as a Distinguished Strategic Partner, U.S. Department of Commerce MEDWEEK 2022.
  • Canadian Maple Leaf Award.

Publications

Key publications written by Diaz Trade Law in 2022 were:

• Bloomberg Law, Significant Updates to BIS Enforcement Policies in 2022, November 2022
• Bloomberg Law, Building & Maintaining an Export Compliance Plan, October 2022
• Bloomberg Law, Submitting a Prior Disclosure to Customs and Border Protection, September 2022
• Bloomberg Law, A Comparison of Customs IPR Protection in the U.S. & China, July 2022
• Bloomberg Law, Submitting a Voluntary Disclosure to Directorate of Defense Trade Controls, May 2022
• Bloomberg Law. What is an Importer’s ‘Reasonable Care’ Standard, May 2022
• Bloomberg Law, Tariff Classification Basics, January 2022
• Bloomberg Law, Export Licensing Under EAR, January 2022
• Customs and International Trade Bar Association (CITBA), New CBP Prior Disclosure Requirements, April 2022

Diaz Trade Law Articles

Key articles written in 2022 by our team at Diaz Trade Law:

• Diaz Trade Law, The Beginning of the End of the MID, December 2022
• Diaz Trade Law, Customs Undervaluation- It’s a Crime, October 2022
• Diaz Trade Law, U.S. Customs – Your Personal Policeman at the Border, September 2022
• Diaz Trade Law, Understanding the RPL Export License Exception, August 2022
• Diaz Trade Law, Encryption Controls under the Export Administration Regulations, August 2022
• Diaz Trade Law, Uyghur Forced Labor Prevention Act (UFLPA): What You Need to Know, June 2022
• Diaz Trade Law, UFLPA DHS Forced Labor Guidance – What Importers Need to Know, June 2022
• Diaz Trade Law, Successor Liability & Export Control Liability, April 2022
• Diaz Trade Law, Big News! 352 of 549 Proposed China Tariff Exclusions Reinstated, March 2022
• Diaz Trade Law, Complying with Russia-Related Sanctions?, March, 2022
• Diaz Trade Law, Draft Guidance on Medical Device Transition Period, March 2022
• Diaz Trade Law, Export Controls and Cybersecurity, February 2022
• Diaz Trade Law, Importing into Puerto Rico? Don’t Forget about Paying Use Tax, February 2022

Customized Training Programs & Webinars

Key training programs and webinars taught by Diaz Trade Law in 2022 were:

• Webinar, Diaz Trade Law, “Keeping Your BOL Data Confidential – A Lesson on Manifest Confidentiality“, December 8, 2022
• Doral, FL, World Trade Center, “Importing 101 – Back to the Basics”, November 15, 2022
• Port Miami, Beacon Council, Trade and Logistics Update, November 10, 2022
• Miami Beach Convention Center, Air Cargo Show, “Women in Logistics,” November 9, 2022
• Webinar, ProChile, “Importing Food into the U.S. Complying with CBP and FDA”, November 8, 2022
• North Miami, FL, FIU, “Produce Post-Harvest Handling and Value Chain Development for Costa Rica, Nicaragua, and the Caribbean”, October 31, 2022​
• Aventura, FL, FLN, Chapter Speaker, October 28, 2022
• Webinar, Diaz Trade Law, “Tips on FDA’s Medical Device Registration Process“, October 26, 2022
• Washington DC, MSI International Conference, International Trade Challenges Roundtable, October 23/24
• FITCE, “Importing into the U.S. with CBP, FDA, CPSC, and USDA”, October 19, 2022
• Webinar, FCBF, “Experts Demystify CBP’s FP&F Process as it Relates to IPR”, October 12, 2022
• Webinar, FCBF,”Experts Discuss Complying with CPSC and Getting the Most Out of CTPAT”, October 7, 2022
• Podcast, Share Your Voice, Behind the Scenes of DTL, October 4, 2022
• Miami, Fl, OWIT South Florida, International Business Roundtable Breakfast with Canada and Mexico Consuls, September 20, 2022
• Doral, Florida, World Trade Center, Food and Beverage Show, “Detentions, Warning Letters, and Import Alerts: How to Navigate FDA Enforcement,” September 12, 2022
• Webinar, NCBFAA, Intellectual Property Rights: A View From East Asia, September 8, 2022
• Webinar, Diaz Trade Law, “What is Electronic Export Information (EEI) and Why Does it Matter?“, August 18, 2022
• Chicago, NCBFAA NEI, GTEC, Best Practices for Export Compliance, August 2, 2022
• Podcast, Simply Trade, “Basics of AD/CVD,” July 29, 2022
• Mexico City, World Trade Center, “How to Import/Export to the United States Using Florida as Your Point of Entry”, June 22, 2022
• Webinar, OWIT International, “Stories from The Trenches: Women Who Lead in International Trade”, June 22, 2022
• Webinar, NCBFAA, “Detentions and Seizures: How to Navigate These Enforcement Waters”, June 21, 2022
• Global Chamber Clubhouse, “Women in Global Leadership”, May 24, 2022
• Beacon Council, Trade & Logistics Committee Meeting, “Can Nearshoring Help Build Resilient Supply Chains?”, May 20, 2022
• Webinar, Diaz Trade Law, “Basics on Tariff Classification (Including 2022 Update)“, May 12, 2022
• City of Miramar, Economic Development Week, “Miramar: Import and Export, Trade 101” May 9, 2022
• Florida MBDA Export Academy, “Legal Considerations When Exporting to the U.S.”, May 10, 2022.
• W Hotel Fort Lauderdale, AFI Convention, “Panel Discussion on Today’s Supply Chain/ Logistics Issues”, April 29, 2022
• Webinar, Embassy of Georgia, “Importing Food and Beverages in compliance with U.S. FDA”, April 20, 2022
• Webinar, NCBFAA, “Prior Disclosure: CBP Changes You Should Care About”, April 19, 2022
• U.S. – Caribbean Business Conference 2022, “Exporting Like a Pro”, April 12, 2022.
• FCBF Broker Preparation Course, “19 CFR 133 – Intellectual Property Rights”, March 30, 2022.
• Webinar, Diaz Trade Law, “Gender and Trade”, March 10, 2022
• Webinar, Ocean Freight Forum, February 4, 2022.
• Podcast, Gladys Mizrahi, January 13, 2022.
• Clubhouse, Trailblazers in Trade, “Update on Crypto and Trade”, January 14, 2022.

Diaz Trade Law values you and appreciates your trust in us to be your Customs and International Trade Law Expert! Contact us at info@diaztradelaw.com to schedule your consultation or customized training today.

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 List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. 
• 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. 
• 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.
• 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.
•  On November 26th, the Unitary Platform and the Maduro regime announced the resumption of talks in Mexico City; a humanitarian agreement focused on education, health, food security, flood response, and electricity programs that will benefit the Venezuelan people; and agreement on the continuation of talks focused on the 2024 elections. Following this announcement and consistent with U.S. government policy, OFAC issued Venezuela General License (GL) 41, authorizing Chevron Corporation to resume limited natural resource extraction operations in Venezuela.
• OFAC is issuing Venezuela-related General License 8K, “Authorizing Transactions Involving Petróleos de Venezuela, S.A. (PdVSA) Necessary for the Limited Maintenance of Essential Operations in Venezuela or the Wind Down of Operations in Venezuela for Certain Entities” and Venezuela-related General License 41, “Authorizing Certain Transactions Related to Chevron Corporation’s Joint Ventures in Venezuela”.  Additionally, OFAC is issuing two new Venezuela-related Frequently Asked Questions (FAQs 1098 and 1099).
• OFAC announced a settlement with Payward, Inc. d/b/a Kraken, a Delaware-incorporated virtual currency exchange with operations in the United States and elsewhere.  Kraken agreed to remit $362,158.70 to settle its potential civil liability for apparent violations of sanctions against Iran. 

U.S. International Trade Commission (USITC) 

• The U.S. International Trade Commission (USITC) has received a complaint entitled Certain Location-Sharing Systems, Related Software, Components Thereof, and Products Containing Same, DN 3655; 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.
• USITC has determined to review in part the final initial determination issued by the presiding chief administrative law judge  on September 9, 2022. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice.
• USITC has determined to review in part the final initial determination issued by the presiding chief administrative law judge on September 9, 2022. The Commission requests briefing from the parties on certain issues under review, as indicated in this notice.
• USITC as received a complaint entitled Certain Cabinet X-ray and Optical Camera Systems and Components Thereof, DN 3656; 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.

U.S. Department of State (DOS)

• The Department of State (DOS) has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.

U.S. Consumer Product Safety Commission (CPSC)

• The U.S. Consumer Product Safety Commission (CPSC) has determined that there is an unreasonable risk of injury and death, particularly to children, associated with clothing storage units (CSUs) tipping over. To address this risk, the Commission is issuing a rule regarding the stability of CSUs. 

Department of Commerce (DOC)

• The Department of Commerce (DOC) updated two limits for the European Union Steel Tariff Rate Quota (TRQ) Program effective November 30, 2022 to align with production capabilities in Germany and Luxembourg. The effected steel HTS is 7301.10.0000 “Sheet Piling” under Chapter 99 HTS 9903.81.13. The quantity formerly listed for Country of Origin Germany has been reassigned to the quota limit for Country of Origin Luxembourg effective November 30, 2022.

United States Trade Representative (USTR)

• The U.S. Trade Representative  (USTR) modified the actions in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding from additional duties certain medical-care products needed to address COVID, and subsequently extended certain of these exclusions. The current COVID exclusions — covering 81 medical-care products — are scheduled to expire on November 30, 2022. This notice announces the U.S. Trade Representative’s determination to further extend the 81 COVID exclusions for an additional three months.
•  USTR announced the United States and United Kingdom jointly hosted the 6^th U.S.-UK Small- and Medium-Sized (SME) Dialogue yesterday, bringing together business representatives from both sides of the Atlantic to identify ways to expand bilateral trade and investment and to enhance broad and inclusive SME participation in that trade and investment.

U.S. Customs and Border Protection (CBP) 

• U.S. Customs and Border Protection (CBP) personnel at all U.S. ports of entry will detain raw sugar and sugar-based products produced in the Dominican Republic by Central Romana Corporation Limited. CBP issued a Withhold Release Order (WRO) against Central Romana based on information that reasonably indicates the use of forced labor in its operations.
  • CBP identified five of the International Labour Organization’s 11 indicators of forced labor during its investigation:  abuse of vulnerability, isolation, withholding of wages, abusive working and living conditions, and excessive overtime.
• CBP released a reminder for transportation carrier companies that transact with CBP’s ACE systems to please pay the Annual SCAC Code Renewal fee for this year (2022) by Monday, December 5th, to the National Motor Freight Traffic Association (NMFTA) if you have not done so already.  The NMFTA SCAC Code Renewal web link is SCAC Renewal and Application Wizard (nmfta.org).  If you have any questions about the renewal, please email customerservice@nmfta.org

Ocean Energy Management Bureau 

• The Bureau of Ocean Energy Management (BOEM) will open and publicly announce bids received for blocks offered in the Cook Inlet Planning Area Outer Continental Shelf Oil and Gas Lease Sale 258 (Cook Inlet Sale 258), in accordance with the provisions of the Outer Continental Shelf Lands Act (OCSLA), as amended, and its implementing regulations.

U.S. Department of  Energy (DOE)

• The U.S. Department of Energy (DOE) announces the availability of the preliminary analysis it has conducted for purposes of evaluating the need for amended energy conservation standards for non-weatherized oil-fired furnaces (NWOFs), mobile home oil-fired furnaces (MHOFs‘), weatherized gas furnaces (WGFs), weatherized oil-fired furnaces (WOFs‘), and electric furnaces (EFs).

U.S. Department of Agriculture (USDA) 

• The United States Department of Agriculture’s (USDA) electronic system for propagative shipment processing will be offline for routine service maintenance, starting Friday, December 2, 2022, beginning at 6:00 p.m. EST, until Saturday, December 3, 2022, at 7:00 p.m. EST.
  • To ensure expedited agriculture clearance of propagative shipments during this time, we recommend the following:
    • For shipments requiring clearance on Saturday December 3, please contact the USDA plant inspection station that you currently work with regarding propagative shipments. This will avoid delays and ensure that all relevant information is available to conduct clearance activities. All shipments will be inspected per normal procedures; however, the document review, sample selection, and cargo release will take place outside of the system and will be processed electronically after the system is back online.

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.

Customs and Border Protection (CBP)

• Customs and Border Protection (CBP) officers seized more than $227,000 from travelers departing Washington Dulles International Airport to Africa during the months of September and October for violating U.S. currency reporting laws. 
• CBP announced today its commitment to the 30×30 Initiative, a coalition of law enforcement leaders, researchers and professional organizations who have joined together to advance the representation and experiences of women in all ranks of policing across the United States.

United States Department of State (DOS)

•  Department of State (DOS) and the Office of the United States Trade Representative (USTR) are providing notice that the United States and Panama plan to hold meetings of the United States-Panama Environmental Affairs Council (the ‘‘Council’’) and Environmental Cooperation Commission (the ‘‘Commission’’) on December 5, 2022, in Panama City, Panama. 
• DOS and the Office of the United States Trade Representative (USTR) are providing notice that on November 30– December 1, 2022, the United States and Peru will hold the eighth meeting of the Environmental Affairs Council (the ‘‘Council’’), the tenth meeting of the Sub-Committee on Forest Sector Governance (the ‘‘Sub-Committee’’), and the sixth meeting of the Environmental Cooperation Commission (the ‘‘Commission’’). 

United States Department of Commerce (DOC)

• U.S. Department of Commerce (DOC) published on August 30, 2022, the notice of initiation and preliminary results of changed circumstances reviews (CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders on certain cold-rolled steel flat products (cold-rolled steel) and certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea). 
• DOC is rescinding the administrative review of the countervailing duty (CVD) order on certain non-refillable steel cylinders (non-refillable cylinders) from the People’s Republic China (China), covering the period August 28, 2020, though December 31, 2021. 
• DOC determines that imports of quartz slab manufactured in the People’s Republic of China (China) and processed in Malaysia are covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on certain quartz surface products from China. 
• DOC on October 11, 2022, published a notice in the Federal Register, in which Commerce amended its notice of final results for the 2020 administrative review of the countervailing duty (CVD) order on certain softwood lumber products (softwood lumber) from Canada.
• DOC is initiating a CCR of the antidumping duty (AD) order on silicomanganese from India. Additionally, Commerce preliminary determines that NAVA Limited (NAVA) is the successor-in-interest to Nava Bharat Ventures Limited (NBVL). 
• DOC announced the initiation of a countervailing duty investigation into certain freight rail couplers and parts thereof from the People’s Republic of China.  
• DOC preliminarily determines that two exporters of certain frozen warmwater shrimp (shrimp) from the People’s Republic of China (China) under review had no shipments of subject merchandise during the period of review (POR) February 1, 2021, through January 31, 2022. 
• DOC determines that sales of finished carbon steel flanges (flanges) from Spain were made at less than normal value (NV) during the period of review (POR) June 1, 2020, through May 31, 2021. 
• DOC, as a result of this expedited sunset review, finds that revocation of the antidumping duty (AD) order on light-walled welded rectangular carbon steel tubing (LWR tubing) from Taiwan would be likely to lead to continuation or recurrence of dumping at the level indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. 
• DOC is conducting an administrative review of the antidumping duty order on uncovered innerspring units (innersprings) from the People’s Republic of China (China) during the period of review (POR) February 1, 2021, through January 31, 2022.
• DOC is initiating a Less-Than-Fair-Value investigation into certain freight rail couplers and parts thereof from the People’s Republic of China and Mexico.
• DOC announced on October 9, 2019, in the U.S. District Court for the Western District of Texas, Claudia Delgadillo (‘‘Delgadillo’’) was convicted of violating 18 U.S.C. 554(a). Specifically, Delgadillo was convicted of knowingly and willfully combining, conspiring, confederating and agreeing with others to knowingly and unlawfully conceal, buy, and facilitate the transportation and concealment of various rifles and handguns, knowing they were to be exported from the United States to Mexico.
• DOC, on June 28, 2022, published the preliminary results of the 2020–2021 administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan. 
• DOC, based upon the timely withdrawal of all review requests, is rescinding the administrative reviews covering the periods of review and the antidumping duty (AD) and countervailing duty (CVD) orders identified.
• DOC is initiating a circumvention inquiry to determine whether certain lawn mowers assembled or completed in the United States by attaching Chinese cutting deck shells (attached to at least one significant non-engine component) to internal combustion engines, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain walk-behind lawn mowers and parts thereof (lawn mowers) from the People’s Republic of China (China). 
• 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. 
• DOC determines that certain superabsorbent polymers (SAP) from the Republic of Korea (Korea) are being, or are likely to be, sold in the United States at less than fair value (LTFV). 
• DOC seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1, 2022, through June 30, 2022. 
• U.S. Secretary of Commerce has determined that U.S. imports of quartz surface products manufactured in China and processed in Malaysia are covered by the antidumping and countervailing duties (“AD/CVD”) orders on imports from China. 

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

• 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. 
• 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.
• OFAC within the Department of the Treasury is soliciting comments concerning OFAC’s Hizballah Financial Sanctions Regulations Report on Closure by U.S. Financial Institutions of Correspondent Accounts and Payable Through Accounts. 
• OFAC on October 26, 2022, is designating 10 Iranian officials for the brutal ongoing crackdown on nationwide protests in Iran, as well as two Iranian intelligence actors and two Iranian entities involved in the Iranian government’s efforts to disrupt digital freedom. 
• OFAC on October 26, 2022, took action to counter the Government of the Russian Federation’s (GoR) persistent malign influence campaigns and systemic corruption in Moldova by imposing sanctions on nine individuals and 12 entities. 
• OFAC, as part of its enforcement efforts, published an updated list on October 26, 2022, of “Specially Designated Nationals” (SDNs). Their assets are blocked and U.S. persons are generally prohibited from dealing with them. 

United States International Trade Commission (USITC)

• United States International Trade Commission (USITC) determines on the basis of the record developed in the subject five-year reviews, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping and countervailing duty orders on aluminum extrusions from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 
• USITC received a complaint filed on September 15, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Pratum Farm, LLC of Salem, Oregon. Letters supplementing the complaint were filed on September 15, October 3, and October 4, 2022.
• USITC received a complaint filed on September 15, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of Japan. A supplement was filed on September 26, 2022. 
• USITC hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty orders on certain welded stainless steel pipe from South Korea and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
• USITC hereby gives notice of the scheduling of full reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty and countervailing duty orders on pneumatic off-the-road (‘‘OTR’’) tires from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
• USITC hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing and antidumping duty orders on 1- hydroxyethylidene-1, 1-diphosphonic acid (HEDP) from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 
• USITC hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the antidumping duty order on stainless steel wire rod from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 
• USITC received a complaint on September 16, 2022, under the Tariff Act of 1930, as amended, on behalf of EDST, LLC of Lubbock, Texas and Quext IoT, LLC of Lubbock, Texas. The complaint was supplemented on September 22, and October 5, 2022. 
• USITC determines, on the basis of the record developed in the subject five-year reviews, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty and countervailing duty orders on imports of stainless-steel sheet and strip from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 
• USITC has received a complaint entitled Certain Video Processing Devices and Products Containing the Same, DN 3650; 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. 
• USITC, on the basis of the record developed in the subject five-year review, determines, pursuant to the Tariff Act of 1930, that revocation of the antidumping duty order on 1,1,1,2- tetrafluoroethane (R–134a) from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 
• USITC, on the basis of the record developed in the subject five-year review, determines, pursuant to the Tariff Act of 1930, that revocation of the antidumping duty order on phosphor copper 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. 
• USITC has determined not to review an initial determination (‘‘ID’’) (Order No. 7) of the presiding administrative law judge (‘‘ALJ’’), finding respondent Top Golf Equipment Co. Limited (‘‘Top Golf’’) in default.

United States Census Bureau (USCB)

• U.S. Census Bureau (USCB) reminded in a memo on October 27, 2022, that the disclosure of electronic export information (EEI) to foreign entities and foreign governments is not permitted.  

United States Trade Representative (USTR)

• Office of the United States Trade Representative (USTR) announced on October 23, 2022, that it will pursue avenues to assist the Southeast seasonal produce industry in coordination with the United States Department of Agriculture after Members of Congress requested an examination of certain issues in a September 8, 2022, Section 301 petition. 
• USTR invites applications from eligible individuals wishing to be included on the roster of individuals to serve on binational panels convened to review final determinations in antidumping or countervailing duty (AD/CVD) proceedings and amendments to AD/ CVD statutes of a USMCA Party.

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.

Customs and Border Protection (CBP)

• U.S. Customs and Border Protection (CBP) on October 18,2022, published two Final Rules that update provisions in 19 CFR 111: Modernization of the Customs Broker Regulations (87 FR 63267) and Elimination of Customs Broker District Permit Fee (87 FR 63262). 
• 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. 
• CBP provides this message to provide guidance regarding the amendment of a previously granted Section 301 China product exclusion to conform with the U.S. International Trade Commission’s (USITC) Harmonized Tariff Schedule (HTS) changes effective July 1, 2021. 
• CBP on October 18, 2022, published two Final Rules that updated provisions in 19 CFR 111: Modernization of the Customs Broker Regulations (87 FR 63267) and Elimination of Customs Broker District Permit Fee (87 FR 63262). 
• CBP is hosting two webinars to discuss changes to 19 CFR 111. The first webinar “Customs Broker Modernization Regulations – Detailed changes to 19 CFR 111,” is scheduled for Thursday, October 27, 2022, from 1-2 p.m., Eastern Daylight Time. 
• CBP announced the revocation of three ruling letters, modification of one ruling letter, and revocation of treatment relating to the tariff classification of certain step stools.  
• CBP announced the proposed modification of one ruling letter and proposed revocation of treatment relating to the tariff classification of paper face masks.  
• CBP announced a proposed change to CBP form 1303, used for declaring articles to be retained on board the vessel, such as sea stores, ship’s stores (e.g., alcohol and tobacco products), controlled narcotic drugs or bunker fuel in a format that can be readily audited and checked by CBP.
• CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
• CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
• CBP announced the following copyrights, trademarks, and trade names recorded with CBP.  

United States Department of Treasury (USDT)

• Department of the Treasury (USDT), as Chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), released on October 20, 2022, the first-ever CFIUS Enforcement and Penalty Guidelines.   

United States Department of Commerce (DOC)

• DOC preliminarily determines that six exporters of certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (China) under review had no shipments of subject merchandise during the period of review (POR) January 1, 2021, through December 31, 2021. 
• DOC has issued an order temporarily denying export privileges for URAL Airlines for a period of 180 days.  
• DOC announced on October 20, 2022, a renewal of temporary denial of export privilege for Aviastar in the in the public interest to prevent an imminent violation of the regulations.  

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

• OFAC and OFSI on October 13, 2022, concluded a multi-day technical exchange in London that will bring significant benefits to both organizations and reinforce coordination and collaboration between the U.S. and UK in the years to come. 
• OFAC announced on October 18, 2022, the issuance of a finding of Violation to Nodus International Bank, Inc. (Nodus), an international financial entity located in Puerto Rico, for violations of the Venezuelan Sanctions Regulations (VSR), and the Reporting, Penalties and Procedures Regulations (RPPR). 
• OFAC on October 19, 2022, designated Juan Francisco Valenzuela Valenzuela and the Valenzuela Drug Trafficking Organization (“Valenzuela DTO”), among others, pursuant to Executive Order (E.O.) 14059.     
• OFAC, in coordination with the U.S. Department of Justice and the Federal Bureau of Investigation (FBI), on October 19, 2022, designated a Russian network that procured military and sensitive dual-use technologies from U.S. manufacturers and supplied them to Russian end-users.
• OFAC, in conjunction with BIS, and the Department of State have imposed an unprecedented range of sanctions and export controls in response to Russia’s attack on Ukraine.   

United States International Trade Commission (USITC)

• U.S. International Trade Commission (USITC) has received a complaint entitled Certain Electronic Devices, Semiconductor Devices, and Components Thereof, DN 3647; 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. 
• USITC has found no violation of section 337 of the Tariff Act of 1930, as amended, in the investigation into certain artificial eyelash extension systems, products, and components thereof. The investigation is terminated. 
• USITC has determined not to review two initial determinations (‘‘IDs’’) of the presiding administrative law judge (‘‘ALJ’’): (1) Order No. 23 terminating the investigation as to claims 17–21 of U.S. Patent No. 8,468,547 (‘‘the ’547 patent’’) (collectively, the ‘‘Withdrawn Claims’’); and (2) Order No. 24 granting complainants’ motion to amend the complaint and notice of investigation (‘‘NOI’’) in the graphics systems investigation to correct the names of two respondents. 
• USITC hereby give notices that on October 7, 2022, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of Section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the Robotic Floor Cleaning Devices investigation. 
• USITC hereby gives notice that a complaint was filed on August 23, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. A supplement to the complaint was filed on September 12, 2022. 
• USITC has implemented certain changes to the Harmonized Tariff Schedule of the United States (HTSUS) to reflect Harmonized System modifications adopted by the World Customs Organization and changes to statistical categories. 
• USITC announces conforming amendments to legal note provisions in the HTSUS associated with the actions in the section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. 
• USITC announces the cancellation of hearings for full five-year reviews in the Circular Welded Carbon-Quality Steel Pipe from Oman, Pakistan, and the United Arab Emirates investigation.
• USITC hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701–TA–683 and 731–TA–1594–1596 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of paper file folders from China, India, and Vietnam, provided for in subheading 4820.30.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of India.  
• USITC received a complaint on September 13, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. 
• USITC received a complaint on September 13,2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Vego Garden, Inc. of Houston, Texas. 
• USITC received a complaint on September 13,2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Daedalus Prime LLC of Bronxville, New York. 
• USITC is holding Sunshine Act Meeting on October 26, 2022, in Washington, D.C.  
• USITC hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether revocation of the countervailing duty order on finished carbon steel flanges from India and the antidumping duty orders on finished carbon steel flanges from India, Italy, and Spain would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 
• USITC has received a complaint entitled Certain Semiconductors Devices Having Layered Dummy Fill, Electronic Devices, and Components Thereof, DN 3649; 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. 

United States Department of Labor (DOL)

• Department of Labor (DOL) announced pursuant to the Federal Advisory Committee Act (FACA), as amended, and the Workforce Innovation and Opportunity Act (WIOA), notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIOA. 

United States Department of Justice (DOJ)

• United States Department of Justice (DOJ), on behalf of the FDA, on October 18, 2022, filed complaints for permanent injunctions in federal district courts against six e-cigarette manufacturers. 

The White House and Congress

• President Biden on October 7, 2022, signed executive order 14086 “Enhancing Safeguards for United States signals Intelligence Activities.”

RKW Klerks V. United States

• RKW Klerks V. United States: In a case that involved the classification of two types of net wrap, both of which were synthetic fabrics used to wrap round bales of harvested crops, the U.S. Customs and Border Protection properly classified the net wraps under HRSUS subheading 6005.39.00.  

Defense Trade Advisory Group (DTAG) 

• Defense Trade Advisory Group (DTAG) will meet in open session from 1:00 p.m. until 5:00 p.m. on Wednesday, November 9, 2022. The purpose of the meeting will be to discuss current defense trade issues and topics for further study. 

U.S. Department of the Treasury (USDT) 

• U.S. Department of the Treasury (USDT) on October 17, 2022, designated a network of al-Shabaab financial facilitators who hold leadership roles within al-Shabaab and act as key interlocutors between the group and local companies in Somalia.  

United States Trade Representative (USTR)

• United States Trade Representative (USTR) announced with this notice its determination to make two technical amendments to certain previously reinstated exclusions associated with the section 301 investigation of China Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. 

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 offering both a remote proctored exam delivery option and an in-person testing option for the October 26, 2022 Customs Broker License Exam (CBLE).
• The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, September 14, 2022, in Chicago, Illinois. The meeting will be open for the public to attend in person or via webinar. Due to COVID-19 restrictions, the in-person capacity is limited to 75 persons for public attendees.

U.S. Department of State (DOS)

• On March 23, 2022, the Directorate of Defense Trade Controls (DDTC) announced an International Traffic in Arms Regulation (ITAR) interim final rule (87 FR 16396, effective Sept. 6, 2022). This rule is the first of a project dedicated to better organizing ITAR and serves to consolidate and co-locate the authorities, general guidance, and definitions that have become dispersed throughout the ITAR.
• On August 26, 2022, the U.S. Department of State (DOS) has concluded administrative settlements with Ryan Adams, Marc Baier, and Daniel Gericke, respectively, to resolve alleged violations of the Arms Export Control Act (AECA), 22 U.S.C. § 2751 et seq., and the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130.

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

• The U.S. Department of the Treasury (USDT) and the Ministry of Finance of the State of Israel (MOF) announced the finalization of a bilateral Memorandum of Understanding (“MoU”) on Cybersecurity Cooperation.
• The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is issuing Iran General License M-2, “Authorizing the Exportation of Certain Graduate Level Educational Services and Software”.

U.S. Department of Commerce (DOC)

• As a result of the determinations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (USITC) that revocation of the antidumping duty and countervailing duty orders on certain cold-rolled steel flat products  from the People’s Republic of China, India, Japan, the Republic of Korea, and the United Kingdom would likely lead to continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States, DOC is publishing a notice of continuation of the AD and CVD orders.
• DOC is amending the final results of the administrative review of the countervailing duty (CVD) order on truck and bus tires from the People’s Republic of China, covering the period of review January 1, 2020, through December 31, 2020, to correct ministerial errors.
• DOC hereby publishes a list of scope rulings and anti-circumvention determinations made during the period April 1, 2022-June 30, 2022.

U.S. Department of Homeland Security (DHS)

• According to the U.S. Department of Homeland Security (DHS), in Consolidated Case Number 7474; Certain Steel Grating from the People’s Republic of China, based upon de novo review of the administrative record in this case, including the timely and properly filed requests for administrative review and response, the June 21 Determination of evasion under 19 USC § 1517(c) is AFFIRMED.
• According to DHS, in Case Number 7250; Diamond Sawblades and Parts from the People’s Republic of China and the Republic of Korea, based upon their de novo review of the administrative record in this case, including the timely and properly filed request for administrative review submitted by Lyke on September 22, 2021, and DSMC’s Response submitted on October 6, 2021, the August 10 Determination of evasion under 19 U.S.C. § 1517(c) is AFFIRMED.
• According to DHS, in Consolidated Case Number 7586; Certain Quartz Surface Products from the People’s Republic of China, based upon their de novo review of the administrative record in this case, including the timely and properly filed request for administrative review and response, the December 6 Determination of evasion under 19 USC § 1517(c) is AFFIRMED.
• According to DHS, in Consolidated Case Number 7603; Wooden Cabinets and Vanities and Components from the People’s Republic of China, based upon their de novo review of the administrative record in this case, including the administrative record, the request for administrative review and response, the January 27th Determination of evasion under 19 U.S.C. § 1517(c) is REVERSED.
• According to DHS, in Consolidated Case Number 7501; Steel Wire Garment Hangers from the People’s Republic of China, based upon their de novo review of the administrative record in this case, including the timely and properly filed request for administrative review submitted by CEK on October 29, 2021, and M&B’s Response submitted on November 16, 2021, the September 16 Determination of evasion under 19 U.S.C. § 1517(c) is AFFIRMED.
• According to DHS, in Case Number 7523; Lightweight Thermal Paper from the People’s Republic of China, based upon their de novo review of the administrative record in this case, including the timely and properly filed request for administrative review submitted by Amlink on September 23, 2021, the August 23 Determination of evasion under 19 U.S.C. § 1517(c) is AFFIRMED.
• According to DHS, in Consolidated Case Number 7553; Wooden Cabinets and Vanities and Components from the People’s Republic of China, based upon their de novo review of the administrative record in this case, including the requests for administrative review and response, the September 16th Determination of evasion under 19 U.S.C. § 1517(c) is AFFIRMED.
• According to DHS, in Consolidated Case Number 7583; Wooden Cabinets and Vanities and Components from the People’s Republic of China, based upon their de novo review of the administrative record in this case, including the timely and properly filed request for administrative review and response, the January 31 Determination of evasion under 19 USC § 1517(c) is REVERSED.

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.

Background on Export Administration Regulations

Over 95% of the world’s population is outside of the United States. Opportunities abound for U.S. companies that export. However, exporting is a privilege and not a right. U.S. exporters have an important responsibility to adhere to U.S. export control laws, including the Export Administration Regulations (“EAR”).

Administered by the U.S. Commerce Department, the EAR is a set of regulations which governs whether U.S. persons may export or transfer goods, software, and technology outside of the United States or to non-U.S. citizens. U.S. exporters have an important responsibility to adhere to the EAR. Violations of the EAR carry hefty civil and criminal penalties. Exporters can pay hundreds of thousands of dollars in penalties, lose export privileges, and even be imprisoned.

Encryption Controls

According to 15 CFR 742.15:

“Encryption items can be used to maintain the secrecy of information, and thereby may be used by persons abroad to harm U.S. national security, foreign policy and law enforcement interests. The United States has a critical interest in ensuring that important and sensitive information of the public and private sector is protected.”

Under the EAR, encrypted technology is generally classified under Category 5 Part 2 of the Commerce Control List. To classify encrypted technology of the CCL, like with classifying most articles, data, and services, it is essential to consult experts. Generally, engineers and subject matter experts on the specifications of the technology can serve as valuable resources to export compliance personnel in the classification process. Furthermore, for encrypted technology, resources such as encryption registration numbers, sales reports, marketing materials, technical specifications, and user manuals can be used to classify encrypted technologies.

Encrypted technology is everywhere. Daily household, commercial, and industrial goods are encrypted. Encrypted technology is often controlled for the following reasons:

• Anti-terrorism (AT)
• National Security (NS)
• Encryption Items (EI)

Encryption Licensing Exceptions

However, most encryption items may be exported under the provisions of License Exception ENC set forth in § 740.17 of the EAR. This license exception permits exportations of technology controlled for EI under any of the following circumstances:

• ‘Private sector end-users’ headquartered in a Supp. 3 country (Supplement No. 3 to Part 740) for internal use for the “development” or “production” of new products.
• Certain additional exports to ‘private sector end-users’ headquartered in a Supp. 3 country for uses other than the “development” or “production” of new products. To meet this requirement:
  • The item must not be U.S. origin and must have become subject to the EAR after production.
  • All parties to the transaction must be subsidiaries of the same Supp. 3 company;
  • The end-user must be a ‘private sector end-user’; and
  • The characteristics of the item must not be enhanced unless otherwise authorized
• Exports to “U.S. Subsidiaries”, wherever located, for internal use, including to foreign national employees and individual contractors or intern of the U.S. company
• Exports of foreign made encryption items developed with or incorporating U.S. origin encryption source code, components, or toolkits, provided the U.S. origin encryption item has been classified or reported under license exception ENC and the encryption functionality has not changed

What You Can Do

Exporters have significant responsibilities to ensure compliance, to avoid penalties and/or jail time (i.e., your compliance manager deserves a raise!). Proper adherence to EAR requirements ensures that your business contributes to safeguarding U.S. national security and avoiding costly penalties. Many U.S. businesses have paid hefty civil penalties for violating U.S. export control laws. L3Harris Technologies, for example, was fined $13 million for illicitly exporting defense technology and software. For more examples of costly civil and criminal penalties, check out BIS’ latest Don’t Let This Happen to You! Publication.

If you are exporting goods subject to EAR, we propose you should:

• Develop an effective export compliance plan.

A key foundation of proactive and effective export compliance requires the development of an export compliance plan. An export compliance plan establishes a set of procedures for your organization to ensure that everyone is on the same page about how standard processes work, who is responsible for what, how to identify violations, what to do when violations occur, etc. An export compliance plan helps build consciousness in your organization that compliance is critical – both to avoid costly penalties and also to protect national security. Diaz Trade Law helps exporters create export compliance manuals that help prove you have a process in place to classify your merchandise correctly, vet your customers and ensure you can prove you can take compliance seriously and implement all of the important great weight mitigating factors. Diaz Trade Law has significant experience in developing and enhancing export compliance plans for organizations. Additionally, Diaz Trade Law can assist your business in auditing and improving your current plan so that it is in its best shape.

• Engage in regular export compliance training.

A foundation of a strong export compliance program is export compliance training. Training is important because it (1) ensures that all employees understand the export regulations and reinforces internal policies and procedures, (2) demonstrates to federal government agencies that your business is proactive about export compliance, and (3) avoids your business from being subject to costly penalties and even criminal liability. Fortunately, export compliance training can be highly tailored to meet your company’s needs. All of your training events include assessments for comprehension, certificates for successful participation, and ample opportunities for Q&A. For your next export compliance training event, trust Diaz Trade Law to provide highly-effective, engaging training.

• Thoroughly vet your proposed export transactions

Unsure whether a proposed export transaction violates the EAR? Diaz Trade Law has significant experience vetting your potential transaction against U.S. export control laws. Through research and due diligence, Diaz Trade Law ensures that your transaction won’t get you in trouble later down the road.

• Request authorization when necessary

BIS export authorization is required for many export transactions of controlled goods. Diaz Trade Law has significant experience in vetting proposed transactions to determine whether BIS authorization is required. Furthermore, Diaz Trade Law assists clients by filing BIS export license applications on their behalf on BIS’ SNAP-R portal.

• Engage in mitigation and corrective actions.

If your business has violated U.S. export control laws, there is a lot you can do to mitigate penalties and prevent future violations. Diaz Trade Law has significant experience representing businesses in dealing with the U.S. Commerce Department’s Bureau of Industry & Security and the Census Bureau. Specifically, Diaz Trade Law has successfully assisted clients in (1) submitting voluntary self-disclosures to mitigate penalties, (2) negotiated agreements with BIS and Census, and (3) built corrective action systems to help ensure that your business does not make the same violation again.

Contact Us

Diaz Trade Law has significant experience in a broad range of export compliance matters. To learn more about the services we offer, contact us at info@diaztradelaw.com or call us at 305-456-3830.