International Trade Law News
November 28, 2003
Speculation Mounts Regarding Bush Administration Decision on Steel Safeguards
With many key advisers to President Bush having concluded that the section 201 safeguards on steel products are causing more harm than good, speculation is mounting that the Bush Administration may soon scale back or significantly modify the scope of safeguard measures imposed on imported steel products, rather than risking a trade war with Europe, Japan, China and other countries.
The WTO, which today had been expected to formally adopt a finding that the U.S. steel tariffs violate the WTO's Agreement on Safeguards, has granted a nine day delay requested by the U.S. The new deadline for the WTO's final decision is December 10, 2003. The issuance of the WTO's final decision is significant in that no retaliatory measures may be imposed by WTO countries until the ruling is issued.
The European Union, one of a number of trade partners to take action at the WTO over the levies, had already advised the U.S. that it will increase tariffs on up to $2.2 billion of U.S. goods within five days of the WTO approving the court ruling. Japan, China and Norway have announced plans to retaliate on U.S. products and Brazil, New Zealand, South Korea and Switzerland are considering retaliatory measures as well.
U.S. Steel Imports for October 2003 Decreased 9 Percent from September 2003
The U.S. Department of Commerce has announced that U.S. steel imports during October 2003 decreased by 9 percent from the previous month. The decrease in October's total amount of steel imports was due primarily to a decrease in imports of wire rod; blooms, billets, and slabs; and hot rolled sheets. October 2003 imports of finished steel products decreased 8 percent compared to September 2003, while imports of semi-finished steel decreased 15 percent.
Hot-Rolled: October 2003 imports of hot-rolled steel decreased 24 percent from their September 2003 levels and were down 62 percent compared to October 2002 levels. January to October 2003 imports of hot-rolled steel were down 33 percent compared to the same period in 2002.
Cold-Rolled: October 2003 imports of cold-rolled steel increased 21 percent compared to September 2003 levels and were down 37 percent compared to October 2002 levels. January to October 2003 imports of cold-rolled steel were down 24 percent compared to the same period in 2002.
Standard Pipe: October 2003 imports of standard pipe decreased 14 percent compared to September 2003. October 2003 imports of these products were down 27 percent compared to October 2002. January to October 2003 imports of standard pipe were down 11 percent compared to the same period in 2002.
ITC Schedules Conference on Antidumping Investigations on Carbazole Violet Pigment 23
The U.S. International Trade Commission (ITC) has announced that it will hold the conference in connection with the recently filed antidumping investigations on Carbazole Violet Pigment 23 From China and India at 9:30 a.m. on December 12, 2003. Entries of appearance must be submitted to the ITC on December 5, 2003. Written briefs are due at the ITC before December 17, 2003. These investigations are being conducted by the ITC in response to a petition filed on November 21, 2003, by Nation Ford Chemical Co., Fort Mill, SC, and Sun Chemical Corp., Fort Lee, NJ.
November 25, 2003
Customs and Border Protection Commissioner Announces Secure C-TPAT Smart Container Program
Commissioner of Customs and Border Protection (CPB) Robert C. Bonner announced the creation of a C-TPAT Smart Container program at the U.S. Customs and Border Protection 2003 Trade Symposium held last week in Washington, DC. The Commissioner stated that 'smart' containers need only have two minimum attributes: (1) they must be securely sealed, and (2) they must be tamper-evident. He indicated that a C-TPAT "Smart Box" is not expensive, doesn't require high technology and can be achieved with an ISO high-security bolt seal. He indicated that the C-TPAT smart container will meet three minimum requirements:
1. A sensor inside the container,
2. That CBP can read either at a Container Security Initiative (CSI) port or on arrival, and
3. That says whether the container has been opened or not.
The Commissioner indicated that CPB has identified a few major C-TPAT certified U.S. importers to adopt the C-TPAT smart container. He indicated that the smart containers could be in use as early as December 2003. While the Commissioner indicated that not all C-TPAT members are expected to use the "Smart Box" right away, he predicted that the "Smart Box" will become a C-TPAT best practice "reasonably soon."
ITA Makes Preliminary Antidumping Determinations on Color Television Receivers from Malaysia and China
The Commerce Department's International Trade Administration (ITA) yesterday announced the preliminary determinations in the antidumping duty investigations on imports of certain color television receivers (CTVs) from Malaysia and the People's Republic of China (PRC). ITA preliminarily found that Malaysian producers/exporters have not sold CTVs in the U.S. market at less than fair value, calculating a de minimis margin for the sole respondent company, Funai Electric. ITA preliminarily found that Chinese producers/exporters have sold CTVs in the U.S. market at less than fair value, with margins ranging from 27.94 percent to 45.87 percent. The ITA's final determinations in these investigations is scheduled to be issued in April 2004. In the meantime, ITA case analysts will conduct a verification of the information in Malaysia and China to determine the accuracy of the information submitted by the companies in this investigation.
This antidumping case was brought by Five Rivers Electronic Innovations, LLC; International Brotherhood of Electrical Workers; and the Industrial Division of the Communications Workers of America.
Treasury Issues Proposed USA PATRIOT Act Regulation on Myanmar
The Treasury Department today published in the Federal Register a proposed rule to implement the November 18th designation (see below) of Myanmar (Burma) as a jurisdiction of primary money laundering concern pursuant to the USA PATRIOT. Written comments on the notice of proposed rulemaking must be submitted to Treasury on or before December 26, 2003. The special measures would generally prohibit U.S. financial institutions from establishing, maintaining, administering, or managing correspondent or payable-through accounts in the United States for, or on behalf of, Burmese financial institutions.
By a separate proposed rule, Treasury and FinCEN are proposing the imposition of similar measures against transactions with the Myanmar Mayflower Bank and the Asia Wealth Bank.
November 24, 2003
OFAC Issues Additional Iraq General License
The Treasury Department's Office of Foreign Assets Control (OFAC) today published amendments to the Iraqi Sanctions Regulations in order to incorporate a general license authorizing U.S. financial institutions to transfer certain claims against the Government of Iraq for unpaid loans and other debts to their home offices or to other foreign offices of the same institution.
Commerce Delays Initiation of Antidumping Case on Wooden Bedroom Furniture From China
As previously reported, the Commerce Department is in the process of polling the U.S. domestic furniture industry to determine whether a minimum percentage of the domestic industry supports the petition. The Commerce Department today published in the Federal Register a request for all domestic producer/manufacturers of wooden bedroom furniture to submit a response to a number of questions regarding their support for the petition. Responses to the questionnaire are due on November 26, 2003. In addition, Commerce announced that it is extending the deadline to inititate this investigation by 20 days in order to analyze the polling results. The new initiation deadline is December 10, 2003.
Preliminary Results of Softwood Lumber CVD Reviews Announced
Today the Commerce Department published in the Federal Register the preliminary results of the countervailing duty administrative reviews on Certain Softwood Lumber Products From Canada for the period April 1, 2000 through March 31, 2001. The preliminary results include companies that source less than a majority of their wood (less than 50 percent of their inputs) from the United States, the Maritime Provinces, Canadian private lands, and/or Canadian companies excluded from the order, and have acquired Crown timber through their own tenure contracts. The primary counterrvailabe program utilized by these respondents was the Stumpage Program. The preliminary CVD results for these companies ranged from 2.80% to 33.27%.
