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 photographic evidence the agency used to determine that its pencils were dodging tariffs on Chinese products.
  • CBP announces decision on hours at six ports of entry following temporary expansion
    • During the temporary expansion, the ports of entry at Porthill, Idaho, and Maida, Northgate, and Sherwood, North Dakota, each expanded operations by two hours. The Laurier, Washington, Port of Entry expanded operations by two hours, and the Port of Del Bonita, Montana, expanded from operating five to seven days a week. CBP has decided to maintain the expanded hours at the Sherwood, Porthill and Del Bonita ports of entry. The hours at the Maida, Northgate and Laurier ports of entry will return to the hours in use before the temporary expansion.
  • CBP cautions consumers, merchants about unsafe school supplies after a seizure of school supplies in San Juan, P.R., recently that violated federal law regulating misbranded 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 Hampshire-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.
  • Whistleblower 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, Canada, 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.
  • Ambassador 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) Ambassadors program.
    • The SEE Ambassadors 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.
  • 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 Canada: Notice of Initiation of Changed Circumstances Review

Federal Trade Commission (FTC)

  • FTC sends cease and desist letters with FDA to companies selling edible products containing delta-8 THC in packaging nearly identical to food children eat.

Food and Drug Administration (FDA)

  • FDA responds to petition on Phthalates in food packaging and food contact applications - the FDA denied a petition requesting that the agency reconsider its denial of a citizen petition issued on May 19, 2022. The agency concluded that there was no basis for modifying the FDA's response to the original citizen petition.

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 those 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 potential 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 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 how it oversees leather supply chains in Brazil to prevent the illegal importation of goods made with forced labor or deforestation.

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