International Trade Law News
November 21, 2003
Commerce Issues Revised Wooden Bedroom Furniture Request for Information
The U.S. Department of Commerce has issued a revised request for information letter in an effort to determine whether their is sufficient support for the antidumping petition on wooden bedroom furniture from China. After reviewing the original letter, Commerce has revised the questions set forth in its original letter. Responses to the questions contained in the revised letter must be submitted to Commerce by November 26, 2003.
FDA Posts List of HTS Categories Subject to Prior Notice Provisions
The Food and Drug Administration (FDA) has posted on its Web site a list of the Harmonized Tariff Schedule catergories that will be flagged with Prior Notice indicators for compliance with the FDA's Prior Notice of Imported Food regulations that will go into effect on December 12, 2003.
ITC Holds Public Conference on Wooden Bedroom Furniture Antidumping Case
The International Trade Commission today held its public conference on the antidumping petition filed by the American Furniture Manufacturers Committee for Legal Trade (AFMC) against wooden bedroom furniture from China. Among those testifying on behalf of the petitioners were John Bassett, Chairman of the AFMC and President of the Vaughan-Bassett Furniture Company as well as representatives from La-Z-Boy Inc. and other U.S. furniture makers.
This conference was unusual since a large number of U.S. companies testified in opposition to the antidumping petition, including Rooms To Go Furniture Corp. and J.C. Penney. Lynn Chipperfield, a senior vice president for Furniture Brands International, also spoke in opposition to import duties on Chinese imports. Furniture Brands International is the largest furniture manufacturer in the United States and owns Thomasville Furniture Industries, Broyhill Furniture and Drexel Heritage Furniture Industries.
ITC Reaches Final Injury Determination on Malleable Iron Pipe Fittings From China
The United States International Trade Commission (ITC) today determined unanimously that a U.S. industry is threatened with material injury by reason of imports of malleable iron pipe fittings from China that the U.S. Department of Commerce has determined are sold in the United States at less than fair value. Chairman Deanna Tanner Okun, Vice Chairman Jennifer A. Hillman, and Commissioners Marcia E. Miller, Stephen Koplan, Charlotte R. Lane, and Daniel R. Pearson voted in the affirmative.
As a result of today's vote, the U.S. Department of Commerce will soon issue an antidumping order on certain malleable iron pipe fittings, cast, other than grooved fittings, imported from China. The merchandise is classified under numbers 7307.19.9030, 7307.19.9060, and 7307.19.9080 of the Harmonized Tariff Schedule of the United States.
Antidumping Case Filed on Carbazole Violet Pigment 23 From India and China
Nation Ford Chemical Co. today filed an antidumping case on imports of Carbazole Violet Pigment 23 from China and India. A countervailing duty case was filed against India. Carbazole Violet Pigment 23 is used in a variety of applications, such as paint, printing ink, plastic, rubber, stationery and printing paste for textiles. Nation Ford Chemical Co. specializes in the production of pigments, solvent dyes and organic intermediates for a wide range of customers worldwide. The company's chemical production is based at its facility in Fort Mill, South Carolina.
Norway Threatens to Impose Sanctions on U.S. Products
Today Norway announced that it would impose increased import duties on certain U.S. products if the U.S. fails to lift the safeguard measures on steel products. The Government of Norway has indicated that it would impose a 30 percent extra duty on 84 million Norwegian crowns ($12.21 million) worth of U.S. goods. The extra duties would apply to wine, steel pipelines, apples, garage doors made of steel and hunting rifles.
State Department Issues Iraq and Angola ITAR Amendments
Today the State Department published in the Federal Register a final rule amending the International Traffic in Arms Regulations (ITAR) by removing Angola from the list of proscribed countries. Also, this final rule partially lifts the State Department's policy of denial with respect to exports to Iraq and removes Iraq as a country supporting acts of international terrorism.
U.S. Congress sends Bush Syria Sanctions Bill
Last night, the U.S. House of Representatives voted 408-8 to approve the Senate version of H.R. 1828, the Syrian Accountability Act. The Senate version of the bill that passed the Senate by an 89-4 vote earlier this month gives the President authority to waive the sanctions specified in the bill if it is in the national security interest of the U.S. to do so. The bill places an immediate ban on the export to Syria of items listed on the U.S. Munitions List and items on the Commerce Control List. The measure also requires the President to imposed two of six sanctions specified in the bill, including a complete embargo on the export of U.S. products to Syria. Several members of Congress have indicated that they would take a dim view if the President used the national security waiver.
November 20, 2003
USA*Engage Endorses Senate Sanctions Reform Legislation
USA*Engage today announced that it has endorsed sanctions reform legislation recently introduced by Senator Richard Lugar (R-IN), Chairman of the Senate Foreign Relations Committee. The Sanctions Policy Reform Act (S.1861) would provide a framework for consideration by the legislative and executive branches of proposed unilateral economic sanctions in order to ensure coordination of Unites States policy with respect to trade, security and human rights.
Customs and Border Protection Submits Trade Act Regulations to Congress
The U.S. Bureau of Customs and Border Protection today transmitted the Final Trade Act Regulations to Congress. Congress has 15 days to review the regulations. It is expected that the regulations will be published in the Federal Register by December 5, 2003. The regulations will provide for various effective dates depending upon the mode of transportation.
China May Raise Import Duties on U.S. Products
China indicated today that it will increase import duties on some U.S.-origin products if the U.S. does not abide by the WTO Appellate Body's ruling and remove the safeguard measures on impoted steel products. So far, China has not issued a list of products on which tariffs would be increased.
In a separate trade dispute, two senior Chinese officials have summoned U.S. Ambassador Clark Randt this week to express their concerns over the recent decision by the U.S. to impose import quotas on certain Chinese textile products.
U.S. Cracks Down on Burmese Money Laundering
Secretary of the Treasury John W. Snow has announced the designation of Burma (Myanmar) and two Burmese banks to be of 'primary money laundering concern' under Section 311 of the USA PATRIOT Act. In conjunction with this designation, Treasury announced a notice of proposed rulemaking that would require U.S. financial institutions to terminate correspondent accounts involving Burmese financial institutions, subject to certain specified exemptions. Correspondent accounts involving the two specific banks that have been designated, Myanmar Mayflower Bank and Asia Wealth Bank, would have to be terminated. The designation of Myanmar Mayflower Bank and Asia Wealth Bank represents the first designation of foreign financial institutions found to be of "primary money laundering concern."
November 19, 2003
Florida Company to Export Beef Cattle to Cuba
J.P. Wright & Company announced today it will ship the first Florida beef cattle to Cuba from Port Manatee in southwest Florida in early 2004. The shipment will be the first Florida cattle shipment to Cuba in more than 40 years. The shipment, including 241 head of cattle and 9 bulls, is set to depart Port Manatee in the first quarter of 2004. All of the cattle will come from Florida ranches.
November 18, 2003
U.S. Invokes Safeguard Rules Against Chinese Textile Products
The United States today announced that it will impose safeguard measures on imports of knit fabric, dressing gowns and robes from China. The safeguards are being imposed following a vote of the Committee for the Implementation of Textile Agreements (CITA) on petitions brought by the U.S. textile industry.
The safeguards are being imposed under a special provision of China's World Trade Organization (WTO) accession agreement that provides WTO members to impose temporary quotas on textile imports from China in the event those imports are found to cause "'market disruption." Under the WTO agreement the U.S. can limit Chinese shipments of these products at 7.5 percent above shipments over the past year.
United States to Negotiate Free Trade Agreement with Colombia, Peru, Ecuador and Bolivia
U.S. Trade Representative (USTR) Robert Zoellick announced today that the United States intends to negotiate a free-trade agreement with the Andean nations of Colombia, Peru, Ecuador and Bolivia. The negotiations are to commence in the second quarter of 2004, initially with Colombia and Peru, and later with Bolivia and Ecuador.
U.N. Transferring Iraq Oil-for-Food Program to CPA
The United Nations has agreed to transfer administration of the Oil-for-Food program to the Coalition Provisional Authority (CPA) in Iraq when the United Nations ends its administration of the six-year-old program on November 21, 2003. The CPA has also announced that the Oil-for-Food program will be extended an additional six months and will run until at least June 2004.
The Oil-for-Food will be extended to ensure the transition and completion of numerous projects that have not yet been completed in Iraq. The United Nations has indicated that as of November 21, $8.2 billion in goods will be still in the pipeline, and an additional $2.1 billion will be in an escrow account for future orders. Those funds are being transferred to the CPA.
November 17, 2003
Commerce Department Announced Preliminary Results of Changed Circumstances Reviews on Pasta From Turkey
The U.S. Department of Commerce today issued a Federal Register notice announcing the initiation and preliminary results of changed circumstances antidumping and countervailing duty administrative reviews involving pasta from Turkey. In the notice, the Commerce Department preliminary determined that Tat Konserve Sanayi A.S. is the successor-in-interest to Pastavilla Makarnacilik Sanayi ve Ticaret A.S. and, as such, Tat is entitled to receive the same antidumping and countervailing duty treatment accorded Pastavilla.
Adverse Facts Available Applied to Hot-Rolled Steel Products From South Africa
In a Federal Register Notice issued today, the Commerce Department assigned an antidumping margin of 9.28% in an administrative review on exports of Hot-Rolled Carbon Steel Flat Products from South Africa made by Iscor Ltd., Saldanha Steel Ltd. and Highveld Steel & Vanadium Corp. Ltd.
Commerce imposed adverse facts available on the companies since they failed to respond to the Department's questionnaire. As adverse facts available, Commerce used the 9.28% rate from the petition. The rates found in adverse facts available determinations are generally much, much higher than the rate found in this case. The low rate assigned as adverse facts available in this case was the only rate in the notice of initiation of investigation.
U.S. Suspends Tax-Exempt Status of Terrorist-Linked Charities
The U.S. Department of the Treasury has suspended the tax-exempt status of three charities because of their links to terrorist networks. Effective immediately, contributions to the Benevolence International Foundation, Global Relief Foundation, and Holy Land Foundation for Relief and Development would no longer be deductible for federal tax purposes.
The Treasury Department's Office of Foreign Assets Control (OFAC) has previously designated all three charities as Specially Designated Global Terrorists under the Executive Order that allows the U.S. to freeze the assets of groups or individuals who support terrorism.
