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December 2024

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Trade News: New AD/CVD Case Filed on Active Anode Material from China

A new case was filed on Active Anode Material from China by the American Active Anode Material Producers.

Full list of exporters here. Full list of importers here.

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are 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. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. 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 product is generally described as: active anode material is most commonly used as the primary component in the anode of lithium-ion batteries. The anode of a lithium-ion battery must be made with active anode material, often combined with silicon. In contrast, the cathode of lithium-ion batteries can be made from a variety of metal oxides, including lithium cobalt oxide, lithium manganese oxide, lithium iron phosphate, or lithium nickel manganese cobalt oxide.

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 […]

By |2024-12-20T14:47:58-05:00December 18, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|0 Comments
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Customs and Trade News Weekly Snapshot

Here is a recap of the latest customs and international trade news:     

Customs and Border Protection (CBP) 

  • President-elect Trump has selected Rodney Scott as the next CBP Commissioner. 
  • CBP and the U.S. Chamber launched a “Shop Smart” campaign to urge holiday shoppers to beware of counterfeits.  
  • CBP agricultural specialists at the Dulles airport intercepted two dangerous insect pests – one not seen in 40 years.  
  • CBP officers seized a large cache of testosterone and other steroids at Laredo Port of Entry. 
  • CBP seized over 34K pounds of sweetened condensed milk at the Pharr International Bridge. 
  • Reminder: Brokers must earn 20 continuing education credits from qualifying educational activities that occur beginning January 1, 2025. 
  • CBP’s Commercial Customs Operations Advisory Committee (COAC) held its quarterly public meeting on December 11. 

Bureau of Industry and Security (BIS) 

  • BIS added 8 entities to the Entity List for Enabling Human Rights Abuses. 
By |2024-12-13T15:28:32-05:00December 13, 2024|Snapshot|0 Comments
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Trade News: New AD/CVD Case Filed on Erythritol from China

A new anti-dumping and countervailing case was filed on Erythritol from China by Cargill, the sole U.S. producer of Erythritol.

Full list of exporters here. Full list of importers here.

 Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are 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. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. 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 product is generally described as: Erythritol, which is a sugar alcohol, commonly referred to as a polyol, typically produced by the fermentation of glucose using

enzymes and yeast or yeast-like fungi (though the scope includes erythritol produced using

any other feedstock or organism). Erythritol typically appears as a white crystalline, odorless product that rapidly dissolves in water. While erythritol is typically produced in the crystalline form or as a fine powder or in directly compressible form, the scope of these investigations covers all physical forms and grades of erythritol.

Full scope here.

Next Steps

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC […]

By |2024-12-20T14:30:08-05:00December 13, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|0 Comments
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USTR Announces Section 301 Investigation into Nicaragua’s Acts, Policies, and Practices Related to Labor Rights, Human Rights, and the Rule of Law

The United States Trade Representative (USTR) announced the investigation regarding Nicaragua’s acts, policies, and practices related to labor rights, human rights, and the rule of law under Section 301 of the Trade Act of 1974. This is the first 301 investigation involving policies and practices that may violate labor rights and human rights.

301 Background

Section 301 of the Trade Act of 1974 is designed to address unfair foreign practices affecting U.S. commerce. It grants USTR a range of authorities to investigate unfair trade practices and to enforce U.S. rights under trade agreements.

Under 301, the U.S. government may impose trade sanctions on foreign countries that engage in acts that are burdensome to U.S. commerce or that violate trade agreements.

The law does not limit the scope of investigations, but it does mention several categories of activities that are subject to 301 action, including:

(1) a violation that denies U.S. rights under a trade agreement

(2) an “unjustifiable” action that “burdens or restricts” U.S. commerce

(3) an “unreasonable” or “discriminatory” action that “burdens or restricts” U.S. commerce.

“Commerce” is defined to include goods, services, and investment.

Previous examples of 301 investigations include investigations into China’s technology transfer practices, Vietnam’s currency manipulation, and Digital Services Taxes in various countries.

Nicaragua Investigation

The investigation into Nicaragua’s acts follows numerous credible reports that the Ortega-Murillo regime engages in human rights and labor rights violations and dismantling the rule of law. Activities cited by USTR include:

  • Politically-motivated arrests and imprisonments
  • Repression of members of religious groups and non-governmental organizations

    • […]

By |2024-12-12T22:31:00-05:00December 12, 2024|Special 301, U.S. Office of the United States Trade Representative (USTR)|0 Comments
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Case Update: Investigation of Aluminum Extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam

On November 30, 2024, we published the below article on the ITC’s AD/CVD investigation of aluminum extrusions. Since then, there have been two significant updates in the case:

  1. 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.
  2. 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.

Original article:

On November 22, 2024, the International Trade Commission (ITC) published in the Federal Register its negative final determination in the antidumping and countervailing duty (AD/CVD) investigation of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam.

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, […]

By |2024-12-10T09:18:38-05:00December 10, 2024|AD/CVD, U.S. Department of Commerce (DOC)|0 Comments
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