The U.S. lost its appeal of a 2018 World Trade Organization decision that it had not properly calculated countervailing duties for Chinese pipes, tubular goods, solar panels, aluminum extrusions and other items. China had originally challenged the cases in 2016 -- the cases were brought between 2007 and 2012 (see 1805010071). The earlier ruling held that the U.S. was right to say that Chinese state-owned enterprises count as "public bodies" and therefore their actions can be market distorting. The appeal upheld that element of the case, but also upheld the victories for China. The WTO said that Commerce did not prove specificity in the subsidies for the products, and it also could not show how the SOE inputs distorted market prices. It was not allowed to use other countries' prices as reference points to prove market distortions, the WTO said, unless it had specific evidence that government interference in the market warranted that. The appeal said that countries' ability to use other countries' prices in CVD cases is "very limited."
The Directorate of Defense Trade Controls is changing the name of its Defense Trade Controls Compliance Registration division to the Registration Compliance & Analysis (RCA) division, the DDTC said in a July 15 notice. There will be no change to the registration organization’s structure, the DDTC said. The notice said all registration letters issued on or after July 15 will “reflect the RCA division” and all active letters issued before July 15 remain valid and no changes are needed. The DDTC also said it updated its website on July 15 to reflect the name change.
The U.S. is working with Hong Kong to increase audits of imports and exports, said Kevin Kurland, director of Commerce’s Office of Enforcement Analysis, at the Bureau of Industry and Security annual export controls conference July 10. Kurland said the cooperation has led to a “record number of detentions” in the past year as both sides have more strictly enforced and audited export and import controls. “We’re working with them,” Kurland said, adding that Commerce wants to make sure “our systems are complementary.”
An increasing number of foreign entities are using front companies to evade restrictions placed on them after being added to the Commerce Department’s Entity List, said Kevin Kurland, director of Commerce’s Office of Enforcement Analysis.
The Commerce Department is planning to issue multiple guidance documents on its blacklisting of Huawei Technologies due to the large number of questions from U.S. exporters, Commerce officials said during the Bureau of Industry and Security's annual export controls conference July 9-11 in Washington. Officials said the guidance will address the most common questions BIS has received from U.S. industries.
FedEx filed a lawsuit against the Commerce Department and the Bureau of Industry and Security for imposing export controls it says are “unconstitutional” and “impossible” to comply with, according to court records. The company also said BIS’s Entity List “imposes an overbroad, disproportionate burden on FedEx,” records show. The suit asks the court to stop Commerce from enforcing certain sections of the Export Administration Regulations on FedEx, to declare the EAR “unlawful” and to award FedEx any additional appropriate relief, including “costs and expenses.”
The U.S. Chamber of Commerce expects the U.S.-Mexico-Canada Agreement to pass before Congress’ August recess, two Chamber of Commerce officials said, saying Democrats’ issues with the bill are “bridgeable.” “We do think that we can see USMCA move forward before the August break,” said John Murphy, the Chamber’s senior vice president for international policy. “We want to get on with it. We need the certainty that USMCA will provide.”
Before the U.S.-China trade war began, all countries that exported goods to China faced an average 8 percent tariff, according to a recent analysis from the Peterson Institute for International Economics. But now, U.S. exports to China are taxed on average at 20.7 percent, while German, Asian and Canadian producers are facing an average tariff of 6.7 percent.
Export Compliance Daily is providing readers with some of the top stories for June 3-7 in case they were missed.
India customs will introduce paperless processing of exports in its Single Window Interface for Facilitating Trade (SWIFT) at the port of Visakhapatnam “along with other facilities across the country,” according to a report in the New Indian Express. The decision follows the successful implementation of electronic filing of supporting documents for exports under a pilot project in New Delhi and Chennai, the report said. The “shipping bill” and supporting documents such as the invoice, purchase order, license, certificate of analysis are to be submitted online by the exporter or customs broker, and the India customs officer will be able to view the documents for processing, the report said. "It is now mandatory to upload digitally signed supporting documents on ESANCHIT at the time of filing of shipping bills," Visakhapatnam customs said in a May 27 circular. "The exports/Customs Brokers should not be allowed to submit the supporting documents in hard copies, henceforth."