CBP currently lacks the authority to impose civil penalties for trafficking in counterfeit goods, according to a lawsuit filed Jan. 15 at the Eastern New York U.S. District Court. Jindeli Jewelry is asking the court to stop CBP from assessing penalties under 19 USC 1526(f) until it issues regulations clarifying the calculation of the “manufacturer’s suggested retail price” the agency uses as a basis for penalties. According to Jindeli, CBP was required by a 1996 law to define how it calculates MSRP, but subsequent regulations never set out those criteria. Without specific instructions, CBP’s penalties for trafficking in counterfeit goods can be arbitrary and excessive, like the $139,350 penalty CBP assessed against Jindeli, it says.
The Commerce Department will not suspend liquidation and impose a countervailing duty cash deposit requirement on imports of oil country tubular goods from Turkey (C-489-817), after finding no countervailable subsidization in its preliminary CV duty determination. The agency calculated de minimis CV duty rates for all respondents. Commerce will revisit the issue when it issues its final determination, and may at that point suspend liquidation and impose CV duty cash deposit requirements if it finds subsidization. Commerce may also require antidumping duty cash deposits as a result of its concurrent AD duty investigation on OCTG from Turkey. The final determination in both investigations are currently due by April 29, although Commerce will issue its preliminary AD duty determination and require AD duty cash deposits beforehand..
A countervailing duty cash deposit requirement will take effect Dec. 23 for imports of oil country tubular goods from India (C-533-858), after the Commerce Department found illegal subsidization of Indian producers in its preliminary determination. The agency assigned a CV duty cash deposit rates of 3.5% to most Indian companies. Jindal SAW will not yet be subject to suspension of liquidation and cash deposit requirements because Commerce calculated a de minimis CV duty rate for the company, although that could change in the final determination.
The World Trade Organization (WTO) trade facilitation agreement, struck at the Bali ministerial summit, will significantly benefit importers and exports, particularly those involved in express delivery, said National Foreign Trade Council (NFTC) Vice President for Global Trade Issues Jake Colvin at a Dec. 11 NFTC roundtable. The provisions on advance rulings and trusted shipper programs are substantial improvements for the trade community, said Colvin, who was in Bali for the talks. But the deal contains no meaningful de minimis commitment, said Colvin.
The Commerce Department will not suspend liquidation and impose antidumping duty cash deposit requirements on imports of prestressed concrete steel rail tie wire from Thailand (A-549-829), after finding no dumping in its preliminary AD duty determination. The agency calculated a de minimis AD duty rate for The Siam Industrial Wire Co., the only respondent. Commerce will revisit the issue when it issues its final determination, and may at that point suspend liquidation and impose AD duty cash deposit requirements if it finds dumping. The final determination is currently due 135 days from the date of this preliminary determination.
After Ministers of World Trade Organization (WTO) member states sealed a multilateral trade package on Dec. 7, a day later than the Bali summit was slated to conclude, U.S. political and industry leaders voiced widespread support. The package expedites customs procedure and reduces costs, shields food hoarding programs from legal dispute and institutes duty-free, quota-free access for least developed country export to wealthier markets, among other provisions, the WTO said (here). The package also delivers assistance to developing and least developed countries to update infrastructure and train customs officials, according to the WTO, adding that the package will increase trade flow and revenue through decreasing global trade costs by 10 percent to 15 percent. The world economic benefit may reach $1 trillion, said the WTO.
Ministers from World Trade Organization member countries reached agreement on measures to simplify customs procedures, as part of a package of deals announced at the Bali Ministerial Conference on Dec. 7 (see 13120903). The Agreement on Trade Facilitation aims to reduce costs and improve the speed and efficiency of customs procedures. The agreement will be legally binding, but will be a “multilateral” deal that only applies to WTO members that sign on to the deal. The WTO’s announcement of the deal lauded it as “one of the biggest reforms of the WTO since its establishment in 1995” (here).
Difficult Transition Expected as Commerce, State Departments Move Forward to Finalize New ITAR Rules
As the Commerce and State departments move forward with their effort to finalize changes to the International Traffic in Arms Regulations (ITAR), satellite companies must be properly prepared to understand the enforcement, compliance and implementation aspects of the rules, a government official and compliance experts said Nov. 19 at a Washington Space Business Roundtable event. By the end of the year, the agencies plan to complete a final draft of the new rules, which mainly focus on moving satellite components and technology that aren't crucial to military operations and national security from the munitions list to the less restrictive Commerce Control List (CCL), said Kevin Wolf, assistant secretary of commerce for export administration.
U.S. and European Union trade officials convened in Brussels on Nov. 11 to launch five days of Transatlantic Trade and Investment Partnership negotiations, the office of the U.S. Trade Representative (USTR) said Nov. 11. Negotiations will initially focus on investment rules and trade in services, USTR said, while officials also plan to broach regulatory coherence, technical barriers to trade, sectoral approaches and sanitary and phytosanitary measures, among other topics. The next round of negotiations is scheduled to be held Dec. 16-20 in Washington, D.C. (see 13110409). Industry leaders pressed comprehensive tariff elimination in a final TTIP pact, along with possible increases to de minimis levels, during an Oct. 30 Senate Finance Committee hearing (see 13103107).
The U.S. and European Union will conduct the second round of Transatlantic Trade and Investment Partnership (TTIP) talks from Nov. 11-15 in Brussels, the office of the U.S. Trade Representative (USTR) said on Nov. 4 in a press release. Negotiations will cover services, investment, energy and raw materials, and regulatory issues, the USTR said. The following round of negotiations will be held Dec. 16-20 in Washington D.C, USTR added. The Obama Administration canceled the last round of TTIP negotiations, slated for October, due to the government shutdown (see 13100418). Industry leaders pressed comprehensive tariff elimination in a final TTIP pact, along with possible hikes in de minimis levels, during an Oct. 30 Senate Finance Committee hearing (see 13103107). Email ITTNews@warren-news.com for a copy of the USTR release.