Blog

http://internationaltrade.foxrothschild.com/

The laws and regulations governing international trade are especially complex and can be overwhelming for companies doing business across national borders. The rapidly expanding global marketplace, however, has made compliance more important than ever. Failure to heed these laws can have serious and lasting consequences as dire as criminal charges against the company and individual employees. The International Trade Law Compass blog offers a steady stream of updates on a broad range of international trade issues, including import/export compliance, U.S. sanctions programs, trends in cross-border contracts as well as significant criminal prosecutions and civil litigation.

Recent Blog Posts

  • Fed. Circuit Reverses ITC on Substantial Transformation for AD and CVD Goods In a recent decision, the Federal Circuit reversed a holding by the US Court of International Trade (“ITC”) and held that the US Department of Commerce (“Commerce”) should perform a substantial transformation analysis to determine the country of origin before applying circumvention analysis. The case centered on 2010 Antidumping (“AD”) and Countervailing Duties (“CVD”) Orders (the “Order”) regarding the importation of oil country tubular goods (“OCTG”) from China. Generally, OCTG are steel tubes used in the drilling and extracting oil.  The... More
  • Vietnamese Fish Producers Challenge Antidumping Duty Rates In an earlier post, we examined the U.S. Court of International Trade’s (CIT) opinion in which it sustained the U.S. Department of Commerce’s (“Commerce”) shift of position on antidumping duties for frozen fish fillets from Vietnam. Two recently filed complaints brought before the CIT, however, have challenged Commerce’s application of antidumping duties to certain separate-rate respondents. The plaintiffs in the respective complaints, various Vietnamese fish fillet producers, allege that Commerce has improperly assigned them a duty rate from an outdated, prior... More
  • OFAC Sanctions Smugglers of Libyan Oil The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) recently sanctioned six individuals, twenty-four entities, and seven vessels for their role in the exportation, refining, brokering, and sale of oil from Libya. As set forth in OFAC’s press release regarding the implementation of sanctions, the six individuals who were Maltese, Libyan, and Egyptian nationals, engaged in a scheme to export petroleum products from Libya to Europe.  The group moved the Libyan petroleum products to ports in Malta and Italy, and... More
  • CIT Finds Fabric Pet Carriers Are Not “Bags” In a recent opinion, the U.S. Court of International Trade (“CIT”) found, at least in part, in favor of the producer of pet carriers, by excluding the items from a catch-all baggage classification. Since 2013, Quaker Pet Group, LLC (“QPG”)  has been challenging the government’s classification of various styles of cloth carriers for dogs, cats, and other animals.  The government has classified the carriers under subheading 4202.39 for “travel, sport and similar bags” and assessed a 17.6% duty rate.  QPG argues... More
  • CIT Upholds Commerce’s New Take on Antidumping Duties of Vietnamese Fish Fillets In an Opinion made public last week, the U.S. Court of International Trade (CIT) sustained the U.S. Commerce Department’s (“Commerce”) change of opinion with regard to antidumping duties assessed on frozen fish fillets from Vietnam.  Ultimately, the CIT found that Commerce had “reasonably explained” its shift in position based on Commerce’s new understanding of the evidence presented to it and the company in question’s failure to present evidence to rebut the assumption Commerce had applied. In January 2017, the CIT granted... More
  • Educational Solar Panels Spared from Antidumping and Countervailing Duty Orders Last week, the U.S Department of Commerce announced that it was revising the definition of solar panels from China which are subject to countervailing and antidumping duties to exclude educational solar energy kits which had been lumped in with panels designed for industrial and other applications in a recent Order. Earlier this month, the Commerce Department announced the preliminary results of an administrative review of countervailing and antidumping duties originally ordered in December 2012.  The Commerce Department began its initial investigation... More
  • Revisions to FCPA Enforcement Policies Still Pose Tough Questions for Honest Companies In recent remarks, Deputy Attorney General Rod Rosenstein announced significant revisions to the Department of Justice’s (DOJ) policies for enforcing the Foreign Corrupt Practices Act.  The policy revisions make permanent many of the aspects of the FCPA Pilot Program which began in 2016 and sought encourage voluntary self-disclosures of FCPA violations by formalizing the benefits to corporations for doing so.  The recent policy revisions even went a step farther than the Pilot Program, announcing that if company voluntarily discloses FCPA... More
  • CBP Holds That Roasting Changes Coffee’s Country of Origin In a recently issued Final Determination, U.S. Customs and Border Protection (CBP) confirmed that the roasting of coffee beans substantially transforms the beans into a product of the country in which the beans were roasted. Coffee producer Keurig Green Mountain (“Keurig”) requested the determination as to the country of origin assignment to green coffee beans that it imported into the United States and Canada and then roasted in those countries.  Specifically, Keurig sought the determination as it relates to the procurement... More
  • Santa Claus Costume Classified as “Fancy Dress” for Import Duty Just in time for the holiday season, the U.S. Court of International Trade (“CIT”) recently held that certain components of a Santa Claus suit were of such quality that they should be subject to apparel duties, not the free duty assessed on costumes and other “festive articles.” The articles at issue were imported by Rubies Costume Co. (“Rubies”) as a complete Santa Clause costume. Included in the “premier” set, which carried a retail price of $100, were red polyester and acrylic pants,... More
  • CIT Upholds CBP Classification of “Optical” Data Modules In a recent decision, the United States Court of International Trade (CIT), upheld the classification of United States Customs and Border Protection (CBP) with regard to fiber optic telecommunications modules, finding that the “optical” quality of fiber optics trumped their use for data transmission. ADC argued that, although fiber optic technologies use light (transmitted along glass cables), the technologies, including the modules at issue, are not “optical” instruments.  Further, ADC argued that the classification for optical products should be limited to articles... More