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.
A Federal Register notice that will be made public this week will announce decisions on which of the current Section 301 tariff exclusions can continue, according to Brian Janovitz, chief counsel for China trade enforcement in the Office of the U.S. Trade Representative.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on alkyl phosphate esters from China (A-570-168/C-570-169). The CVD investigation covers entries Jan. 1 - Dec. 31, 2023. The AD investigation covers entries Oct. 1, 2023, through March 31, 2024.
The Commerce Department has issued the final results of the antidumping duty administrative review on 1,1,1,2-tetrafluoroethane (R-134a) from China (A-570-044). The agency continued to find the 23 companies under review didn't demonstrate independence from Chinese government control, assigning them to the China-wide entity, which has an AD rate of 167.02%. Commerce will order liquidation for subject merchandise entered April 1, 2022, through March 31, 2023, at the China-wide rate of 167.02%.
The Commerce Department has published the preliminary results of its antidumping duty administrative review on hydrofluorocarbon blends from China (A-570-028). The agency said that none of the respondents remaining in the review demonstrated independence from state control, and therefore were assigned to the China-wide entity, with a rate of 216.37%.
Customs lawyer John Foote, speaking at the Washington International Trade Association during a panel on import bans, investments and export controls, questioned whether the Biden administration is ready to coordinate forced labor import bans with allies, given how the Uyghur Forced Labor Prevention Act is still in its infancy.
While the U.S. should look to counter China with export controls, tariffs and outbound investment restrictions, it also needs to better incentivize trading partners to diversify their supply chains away from China, the Atlantic Council said this week.
The EPA has published a final rule, effective July 8, imposing import certification and export notification requirements for methylene chloride, a chemical that has killed those using it as a paint stripper and for bathtub refinishing.
On May 8, the FDA posted new and revised versions of the following Import Alerts (after not having posted new ones for a number of days) on the detention without physical examination of: