Customs & Trade Law News
March 21, 2024: EPA: Settlement terms include $416,003 penalty and destruction of non-compliant HFCs.
March 19, 2024: U.S. Attorney’s Office, District of Puerto Rico: Owner and company file guilty pleas in response to conspiracy allegations that they caused “Made in Malaysia” labels to be placed on boxes containing porcelain tiles manufactured in PRC, then imported a container into the U.S. declaring it as Malaysian.
February 21, 2024: FMC: Bed Bath & Beyond complaint alleges Evergreen Shipping Line "systematically" failed to meet obligations, pressured payments of "extracontractual prices and surcharges", and charged unfair detention and demurrage.
February 21, 2024: DOC initiates CVD investigations on paper plates from China and Vietnam (C-570-165, C-552-840). ADD investigations are anticipated shortly for paper plates from China, Thailand and Vietnam (A-570-164, A-549-849, A-552-839).
February 20, 2024: CIT: Exporter’s complaints claims that goods made from “phragmites” (a type of reed) are not “wood”, and not within the scope of the AD Order on “Wood Furniture.”
February 20, 2024: WTO: Dispute panel decides that revised U.S. CVD law pertaining to subsidies on agricultural products (i.e., “pass-through analysis”) still violates US WTO GATT commitments; hence, the U.S. failed to implement a prior dispute panel ruling on ripe olives from Spain.
February 20, 2024: CIT: Chinese company sues to be removed from a Customs Withhold Release Order (WRO) due to the government’s allegations that “forced labor” is used to manufacture its silica-based products.
February 16, 2024: CIT: Decision in Trijicon v US discusses the distinctions between “lamps” and “apparatus” when classifying tritium lamps.
October 25, 2023: DOC initiates ADCVD investigations on China and other countries (see Oct 4): Fact sheet.
October 25, 2023: DOC scope decision determines that a heat sink manifold will be subject to the ADCVD orders on aluminum extrusions from China, despite the Order’s scope exemption for “heat sinks.”
October 20, 2023: China announces export controls on certain graphite products (effective December 1). Previously in the year, China imposed export restrictions on gallium and germanium (used in semiconductor manufacturing).
October 19, 2023: DOJ announced guilty plea for Florida couple that allegedly smuggled Chinese plywood via the use of shell companies, evading tariffs and Lacey Act requirements in the process.
October 4, 2023: A petition for new antidumping duty investigations was filed to the Department of Commerce regarding aluminum extrusions exported from China, Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam.
Concurrently, new countervailing duty investigations were also requested as to aluminum extrusions exported from China, Indonesia, Mexico and Turkey.
July 5, 2023: Sheffield Hallam Universit: Forced Labor Lab publishes list of companies that operate in the Uyghur region.
March 20, 2023: FMC: Final Rule re damages.
March, 17, 2023: CIT: Slip Op. 23-35: Trial Court decision In Re Section 301 Cases favors the government; plaintiffs vow an appeal.
February 23, 2023: DOC: Stainless Steel Butt-Weld Pipe Fittings from the Philippines: Final Results.
February 23, 2023: Congress: Countering Economic Coercion Companion Bill introduced (allowing to tariff retaliation on countries such as China).
February 23, 2023: Customs updates UFLPA guidance, including issuing a Best Practices document, and modified FAQs.
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Curated Litigation News:
January 25, 2024: FRASERVIEW REMANUFACTURING v. UNITED STATES, Slip Op. 24-8. Government’s Motion to Dismiss is denied, and the Court orders reliquidation of the importer’s entries as requested.
September 11, 2023: GOPRO v UNITED STATES, Slip Op. 23-130. Ms. Alena Eckhardt’s Motion for Summary Judgement is granted by the Court of International Trade. The CIT holds that GOPRO’s Camera Housings may be classified as “camera parts” and are not subject to tariffs under heading 4202 as “camera cases.”
April 20, 2020: SHAKE AND SHINGLE ALLIANCE v. UNITED STATES, Slip Op. 20-52. Mrs. Heather Jacobson’s Motion for Summary Judgement is granted by the Court of International Trade. The CIT holds that Canadian Shakes and Shingles are outside of the scope of the ADCVD Orders on Softwood Lumber from Canada.
UNITED STATES v. ROBERT E. LANDWEER & CO., Slip Op 12-17. Mr. Joel Junker’s 12(b)(5) motion for is granted and the Court orders dismissal of the government’s brokerage penalty claims for a failure to adequately state its claims.