The Commerce Department began administrative reviews for certain firms subject to antidumping and countervailing duty orders with April anniversary dates. Producers and exporters subject to any of these administrative reviews on China or Vietnam must submit their separate rate certifications or applications by July 12 to avoid being assigned high China-wide or Vietnam-wide rates.
The Court of International Trade on June 10 signaled that CBP's practice of not notifying companies when they become subject to interim Enforce and Protect Act investigations could give rise to a due process claim should the company sufficiently allege that it suffered "specific enough harm." However, the court found that importer Phoenix Metal failed to allege that harm with enough specificity.
CBP's Acting Commissioner Troy Miller said the agency "has suspended multiple customs brokers from participating in the Entry Type 86 Test after determining that their entries posed an unacceptable compliance risk," and that it will continue to take action against those who "abdicate their customs compliance responsibilities." The statement also said: “Any broker that has been suspended will be considered for reinstatement if it demonstrates to CBP that it has developed and implemented a remedial action plan."
China will place export controls starting June 1 on various military and dual-use equipment, software and technology, including items used in the aerospace and shipbuilding industries, along with “ultra-high molecular weight polyethylene fibers,” the country’s commerce Ministry said May 30, according to an unofficial translation.
A final rule that will allow the FDA to dispose of low-value medical devices and medicines more easily will take effect June 30. Currently, importers of medical devices valued at $2,500 or less have the option of re-exporting the device if it is barred from entering the U.S. In the case of drug shipments under that dollar threshold, the FDA has to prove the medicines are counterfeit, misbranded, adulterated or not approved in the U.S.; with the change, the agency will be allowed to destroy the drugs if it appears they are counterfeit, etc., unless the owner or consignee asks to testify on the medicines' admissibility.
The Treasury Department made a range of updates to its Cuba sanctions regulations this week, including one change that will allow U.S. banks to open accounts for certain Cuban nationals and authorize payments to those Cuban nationals for imports to the U.S. of certain goods and services.
The Commerce Department issued its final determinations in the antidumping duty investigations on paper shopping bags from Cambodia (A-555-002), China (A-570-152), Colombia (A-301-805), India (A-533-917), Malaysia (A-557-825), Portugal (A-471-808), Taiwan (A-583-872) and Vietnam (A-552-836). Cash deposit rates set in this final determination take effect May 24, when the notices were published in the Federal Register.
China’s Foreign Ministry this week criticized the U.S. Uyghur Forced Labor Prevention Act, calling it “bullying” and a “double standard” one day after the Senate Finance Committee accused several major automakers of poor UFLPA compliance (see 2405200009).
Senators and witnesses focused on de minimis and CBP's data collecting authorities -- both sides agreeing that data collection, particularly from partner government agencies, needs to be refined, and that de minimis is a useful trade facilitation tool.
The Drug Enforcement Administration issued a proposed rule May 21 to reschedule marijuana as a Schedule III substance under the Controlled Substances Act. If the transfer is finalized, regulatory controls applicable to Schedule III substances would apply, though “existing marijuana-specific requirements” will continue to apply and “additional controls … might be implemented,” including import and export authorization requirements under the Convention on Psychotropic Substances, the DEA said. Marijuana would also remain subject to FDA regulation, and a “drug containing a substance within the CSA's definition of ‘marijuana’ would need FDA approval” to be introduced into interstate commerce, unless an investigational new drug application is in effect. Marijuana is currently classified in Schedule I. Comments are due July 22.