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CBP DENIES APPAREL IMPORTER PROTEST CHALLENGING THE EXCLUSION OF GOODS UNDER XPCC COTTON WITHHOLD RELEASE ORDER

In a May 10, 2021 decision, CBP denied an apparel importer’s protest challenging the exclusion of goods pursuant to a Withhold Release Order (“WRO”) covering Cotton and Cotton Products from Xinjiang Production and Construction Corporation (“XPCC”) and its subordinate and affiliated entities. CBP at the port and CEE levels determined that the importer had not […]

TECHNICAL AMENDMENT TO CERTAIN CHINA 301 LIST 3 EXCLUSIONS

In an April 26, 2021 Federal Register notice, the United States Trade Representative (“USTR”) announced a technical amendment to the exclusions issued under China 301 List 3. By way of background, the China 301 List 3 tariff assessment increased from 10% to 25%, effective May 10, 2019.  The USTR had created an “on the water” […]

PETITION FOR THE IMPOSITION OF ANTIDUMPING DUTIES ON RAW HONEY FROM ARGENTINA, BRAZIL, INDIA, UKRAINE, AND THE SOCIALIST REPUBLIC OF VIETNAM

I.  Type of Action: Antidumping Duty (“AD”): Argentina, Brazil, India, Ukraine, and the Socialist Republic of Vietnam II.  Product: The scope of the imported merchandise that Petitioners intend to cover in this investigation is: The merchandise covered by these petitions is raw honey. Raw honey is honey as it exists in the beehive or as […]

WEBINAR – REVIEW YOUR SUPPLY CHAIN FOR COTTON! UPCOMING U.S. CUSTOMS MANDATORY ENFORCEMENT

Richard Wortman will be speaking about forced labor issues for the California Fashion Association on Wednesday, April 21, 2021 at 10:00 AM.  This webinar relates to supply chain issues and best practices for importing cotton from China and nearby countries.  Richard will speak about the overarching problem, focused on cotton and leased labor.  Richard will […]

WEBINAR – FIRST SALE VALUATION AND THE MEYER DECISION

Erik Smithweiss will be conducting a webinar for the Foreign Trade Association on First Sale Valuation on April 21, 2021.  The webinar will address the impact of the recent U.S. Court of International Trade decision in Meyer Corp. United States, Slip Op. 21-26, as well as recent CBP rulings, on the continued use of first […]

COURT DECLARES SECTION 232 STEEL AND ALUMINUM “DERIVATIVE” TARIFFS UNLAWFUL; REFUNDS MAY BE AVAILABLE

On April 5, 2021, the U.S. Court of International Trade issued an opinion declaring the Section 232 steel and aluminum “derivative” tariffs unlawful, and ordered the government to refund any duties to the plaintiff.  Prime Source Building Products v. United States, Slip Op. 21-36. The Section 232 “derivative” tariffs were imposed beginning January 24, 2020 […]

PETITIONS FOR THE IMPOSITION OF ANTIDUMPING AND COUNTERVAILING DUTIES ON ORGANIC SOYBEAN MEAL FROM INDIA

I.  Type of Action: Antidumping Duty (“AD”): India ; Countervailing Duty (“CVD”): India II.  Proposed Scope of the Investigation: The merchandise subject to the petition is certain certified organic soybean meal. Certified organic soybean meal can consist of ground soybean cake, ground soybean chips, and/or ground soybean flakes, with or without oil residues. Soybean cake […]

PETITIONS FOR THE IMPOSITION OF ANTIDUMPING AND COUNTERVAILING DUTIES ON CERTAIN WALK-BEHIND SNOW THROWERS AND PARTS THEREOF FROM THE PEOPLE’S REPUBLIC OF CHINA

I. Type of Action: Antidumping Duty (“AD”):  China; Countervailing Duty (“CVD”): China II. Product: The merchandise covered by this investigation consists of gas-powered, walk-behind snow throwers (also known as snow blowers), which are snow moving machines that are powered by internal combustion engines and primarily pedestrian-controlled. The scope of the investigation covers certain snow throwers, […]

CHINA SECTION 301 LITIGATION UPDATE: GOVERNMENT FILES ITS INITIAL RESPONSE

On March 12, 2021, the U.S. Department of Justice (DOJ) filed a “master answer” in the China Section 301 litigation. The U.S. Court of International Trade three-judge panel that is hearing this case had directed DOJ to file a generic answer to the allegations that are common to the over 3,700 complaints that have been […]

USTR EXTENDS CERTAIN CHINA 301 EXCLUSIONS COVERING CERTAIN MEDICAL-CARE PRODUCTS THROUGH SEPTEMBER 30, 2021

In a notice recently posted on its website, the Office of the U.S. Trade Representative (“USTR”) has announced that it is extending 99 expiring China 301 tariff exclusions on medical-care and/or COVID response products.  The exclusions on the products in question had been previously extended through March 31, 2021.  The USTR has decided to further […]