On January 17, 2012, the Energy Department issued a proposed rule on energy conservation standards for several classes of commercial heating, air-conditioning, and water-heating equipment. The DOE is now issuing a supplement to that proposed rule that would (i) modify the initially proposed definition of “computer room air conditioner”, (ii) clarify the proposed test procedure provisions for commercial package air-conditioning and heating equipment and variable refrigerant flow systems, and (iii) clarify the application of the DOE test procedures and harmonize DOE testing with the testing performed by industry. The DOE is seeking comments on this supplemental rule by April 2, 2012.
The U.S. Department of Agriculture has withdrawn its March 8, 2012 proposed rule that would have added reporting for pork (fresh, chilled, and frozen box/primal cuts) and distillers dried grain (DDG) to the Export Reporting Requirements. USDA learned after publication that clearance from the Office of Management and Budget had not yet been obtained, so the proposed rule needs to be withdrawn until such clearance is conveyed.
This is a reminder that, for antidumping and countervailing duty investigations initiated on the basis of petitions filed on or after November 2, 2011, the posting of bonds in lieu of cash deposits will no longer be allowed from the date of the preliminary determination until the effective date of the order (i.e., the provisional measures period). The first set of investigations affected by this change has preliminary determination dates scheduled for late May and early June 2012.
The State Department has issued a final rule amending the International Traffic in Arms Regulations (ITAR) to implement the 2007 Defense Trade Cooperation Treaty between the U.S. and the United Kingdom, which provides for, among other things, an exemption from otherwise applicable licensing requirements for persons or entities exporting defense articles or services to the UK for certain end-uses. The final rule also identifies the defense articles and services that may not be exported pursuant to the Treaty, and adds Israel to the list of countries and entities that have a shorter certification time period and a higher dollar value reporting threshold.
The Bureau of Industry and Security’s Regulations and Procedures Technical Advisory Committee (RPTAC) held a partially open meeting on March 6, 2012 to discuss, among other things, upcoming proposed and reproposed rules implementing elements of the Export Control Reform (ECR), including the transitional 600 series ECCNs proposed rule and the "specially designed" reproposed rule, and the upcoming rule implementing the changes adopted at the December 2011 Wassenaar Plenary.
Commerce Secretary John Bryson and European Union Commission Vice-President Viviane Reding issued a joint statement in connection with the March 19, 2012 High Level Conference on Privacy and Protection of Personal Data, held simultaneously in Washington and Brussels. The statement noted progress in personal data protection and privacy, in particular the January 25, 2012 adoption by the EU Commission of legislative proposals to reform and unify data protection laws and enforcement rules and the February 23, 2012 release of the Consumer Privacy Bill of Rights by the Obama Administration.
On March 19, 2012 President Obama spoke with President Juan Manuel Santos of Colombia to discuss the April 14-15 Summit of the Americas to be held in Cartagena, Colombia. The President welcomed Santos’ decision to seek emergency legislation intended to complete the necessary work to implement the United States-Colombia Free Trade Agreement as soon as possible. The two leaders decided they will hold bilateral meetings at the conclusion of the Summit on Sunday, April 15, to discuss a wide range of bilateral, regional, and global issues.
The International Trade Commission is asking for comments by approximately March 29, 2012 on a patent complaint filed on behalf of LSI Corporation and Agere Systems Inc., which alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain audiovisual components and products containing same (D/N 2884). ITC is asking for comments on any public interest issues that might affect ITC consideration, including whether the issuance of an exclusion order and/or cease and desist order would impact the public interest.
The International Trade Administration issued a fact sheet on May 20, 2012 announcing its affirmative final determination in the antidumping duty investigation of certain steel nails from the UAE (A-520-804). According to the ITA’s fact sheet, the mandatory respondents Dubai Wire FZE and Precision Fasteners LLC received AD rates of 6.29% and 2.8%, respectively, while Tech Fast International Ltd. received an AD rate of 184.41% as a result of the ITA’s application of adverse facts available. All other UAE producer/exporters received a preliminary AD margin of 4.55%. As a result of the final determination, the ITA will instruct U.S. Customs and Border Protection to continue to collect a cash deposits or bonds equal to these AD rates.
The International Trade Administration issued a fact sheet on May 20, 2012 announcing its affirmative final determinations in the antidumping investigations of galvanized steel wire from China and Mexico (A-570-975 and A-201-840, respectively) and the countervailing investigation of the same merchandise from China (A-570-976). According to the ITA's fact sheet, the final AD rates for China range from 194% to 235%, and for Mexico from 20.89% to 37.69%. The final CV rates for China range from 19.06% to 223.27%.