Robert B. Silverman

The litigation challenging the assessment of additional duties on goods imported from China under Section 301 is continuing.  The U.S. Court of Appeals for the Federal Circuit (CAFC) has finally calendared the lead (HMTX Industries LLC v. US) for oral argument.  The oral argument will take place on January 8, 2025, at the CAFC in…

U.S Customs and Border Protection has published its first Isotopic Testing Guidance document, which can be accessed on the CBP website using the following link – https://www.cbp.gov/document/publications/isotopic-testing-guide [cbp.gov]. The Guidance  explains CBP’s perception of the role of isotopic testing in supply chain traceability and sets out recommended isotopic testing standards. As explained in the Guidance, isotopic…

By: Arthur Bodek On October 31, 2024, the U.S. Department of Homeland Security announced the addition of four companies to the section of the Uyghur Forced Labor Prevention Act (UFLPA) Consolidated Entity List, which identifies facilities and entities that source material from the Xinjiang Uyghur Autonomous Region (XUAR) or from persons working with the XUAR government or the…

On October 29, 2024, a petition was filed for the imposition of antidumping and countervailing duties on the imports of Overhead Door Counterbalance Torsion Springs from China and India. The petition alleges dumping margins of 685.93% – 787.30% (China) and 104.57% – 124.86% (India). The petition identifies certain foreign producers/exporters and U.S. importers of the…

On October 21, 2024, the Coalition of Domestic Folder Manufacturers (“Coalition”) filed a petition for the imposition of antidumping and countervailing duties on the imports of Paper File Folders from Cambodia and Sri Lanka. The petition alleges dumping margins of 93.15% to 239.64% for Cambodia, and 19.22% to 108.61% for Sri Lanka.  The petition identifies…

The Office of the U.S. Trade Representative (“USTR”) has announced that, effective October 15, 2024, it is opening a portal for interested parties to use to request exclusions from the China 301 tariffs for certain machinery of HTS Chapters 84 & 85 used in domestic manufacturing.  The specific items are limited to those listed in Annex E…

On October 8, 2024, Genera Inc., Tellus Products, LLC, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO filed petitions for the imposition of antidumping and countervailing duties on the imports of Thermoformed Molded Fiber (TMF) Products from China and Vietnam. The petition alleges dumping margins…

By: Arthur Bodek On October 2, 2024, the U.S. Department of Homeland Security announced the addition of two companies to the Uyghur Forced Labor Prevention Act (UFLPA) Consolidated Entity List and a technical correction to modify the name of one already listed entity.

On September 30, 2024, Bakelite LLC filed a petition for the imposition of antidumping and countervailing duties on the imports of Hexamine (Hexamethylenetetramine) from China, Germany, India, and Saudi Arabia. The petition alleges dumping margins of 723.50% for China, a range of 106.33 to 99.96% for Germany, 33.66 to 43.27 % for India, and 482.29…

By: Arthur Bodek Further to its recent notice, the USTR announced on September 19, 2024 that it is seeking comments on whether to increase China 301 tariffs to 25% for 3 subheadings covering certain tungsten products and 50% for 2 subheadings covering wafers and polysilicon. Further background can be found here. The specific items are as follows: Tungsten Wafers /…

By: Arthur Bodek On September 13, 2024, the Office of the U.S. Trade Representative (USTR) announced several actions based on consideration of public comments in response to its notice of May 28, 2024 relating to the China 301 “Four-Year Review” (further background can be accessed here). The specific actions announced are as follows: Further detail on each action is set forth…

On September 5, 2024, Steel Dynamics, Inc., Nucor Corporation, United States Steel Corporation, Wheeling-Nippon Steel, Inc., and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC filed a petition for the imposition of antidumping and countervailing duties on the imports of Certain Corrosion-Resistant Steel Products from…