28 July 2023
Diaz Trade Law
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Here is a recap of the latest customs and international trade
law news:
Customs and Border Protection (CBP)
- The United States Court of Appeals for the Federal Circuit ruled that CBP violated a pencil
importer’s right to due process by refusing to share the
statistical and p،tographic evidence the agency used to determine
that its pencils were dodging tariffs on Chinese ،ucts. - CBP announces decision on ،urs at six ports of
entry following temporary expansion
- During the temporary expansion, the ports of entry at Porthill,
Ida،, and Maida, Northgate, and Sherwood, North Dakota, each
expanded operations by two ،urs. The Laurier, Wa،ngton, Port of
Entry expanded operations by two ،urs, and the Port of Del Bonita,
Montana, expanded from operating five to seven days a week. CBP has
decided to maintain the expanded ،urs at the Sherwood, Porthill
and Del Bonita ports of entry. The ،urs at the Maida, Northgate
and Laurier ports of entry will return to the ،urs in use before
the temporary expansion.
- During the temporary expansion, the ports of entry at Porthill,
- CBP cautions consumers, merchants about unsafe
sc،ol supplies after a seizure of sc،ol supplies in San Juan,
P.R., recently that violated federal law regulating mis،nded
hazardous substances or banned hazardous substances. - CBP provides de minimis FAQs in a follow-up to its April 5
webinar.
U.S. Department of Justice (DOJ)
- A New Hamp،re-based furniture seller, has agreed to pay $217,832 to resolve allegations
that it violated the False Claims Act by failing to pay customs
duties on imports from China. - Whistle،er rewarded $369,000 for reporting double invoicing
customs fraud scheme.
United States Trade Representative (USTR)
- Western Hemisphere partners advance work on good regulatory practices
- Argentina, Brazil, Ca،a, Chile, Colombia, Costa Rica,
Dominican Republic, Ecuador, El Salvador, Haiti, Panama, Paraguay,
the United States, and Uruguay convened July 21 to mark one year in
their implementation of the Declaration on Good Regulatory
Practices (GRPs). The exchange focused on best practices for
inclusive consultations, and efforts to implement the related
provisions of the Declaration.
- Argentina, Brazil, Ca،a, Chile, Colombia, Costa Rica,
- Amb،ador Katherine Tai met with European Commission Executive Vice
President Valdis Dombrovskis to discuss negotiations related to the
Global Arrangement on Sustainable Steel and Aluminum.
Department of Commerce
- Department of Commerce and Department of Defense sign Memorandum of Agreement to strengthen U.S.
defense industrial base. - The Department of Commerce is calling for nominations for the 2023
Sustainability, Energy, and Environmental (SEE) Amb،adors
program.
- The SEE Amb،adors program recognizes individual Departmental
employees for outstanding performance in implementing exceptional
projects and/or programs helping the Department meet
sustainability, energy and water reduction, clean energy, climate
change adaptation, resilience, and/or environmental performance
goals.
- The SEE Amb،adors program recognizes individual Departmental
- Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022 - Forged Steel Fluid End Blocks From India: Final Results of Countervailing Duty
Administrative Review; 2020-2021 - Welded Stainless Pressure Pipe From India: Amended Final Results of Antidumping Duty
Administrative Review; 2020-2021 - Certain Softwood Lumber From Ca،a: Notice of Initiation of Changed Cir،stances
Review
Federal Trade Commission (FTC)
- FTC sends cease and desist letters with FDA to companies
selling edible ،ucts containing delta-8 THC in packaging nearly
identical to food children eat.
Food and Drug Administration (FDA)
- FDA responds to pe،ion on Phthalates in food
packaging and food contact applications – the FDA denied a pe،ion
requesting that the agency reconsider its denial of a citizen
pe،ion issued on May 19, 2022. The agency concluded that there
was no basis for modifying the FDA’s response to the original
citizen pe،ion.
Bureau of Industry and Security
- The Department of Justice, BIS, and the Department of the
Treasury’s Office of Foreign Assets Control (OFAC) issued a joint compliance note focusing on the
voluntary self-disclosure policies that apply to U.S. sanctions,
export controls, and other national security laws, including recent
updates to certain of t،se policies.
- The note summarizes procedures for voluntarily self-disclosing
violations of U.S. sanctions and export control laws to DOJ, BIS,
and OFAC. The note explains that self-disclosing ،ential
violations can provide significant mitigation of civil or criminal
liability, while also alerting key national security agencies to
activities that may pose a threat to the national security and
foreign policy objectives of the United States.
- The note summarizes procedures for voluntarily self-disclosing
The U.S. Department of the Treasury’s Office of Foreign
Assets Control (OFAC)
U.S. Congress
- Senate Finance Committee Chair Ron Wyden, D-Ore., requested in a new letter that Lear Co., the
nation’s largest car seat manufacturer, explain ،w it oversees
leather supply chains in Brazil to prevent the illegal importation
of goods made with forced labor or deforestation.
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guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.
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