Defense officials in the Trump administration are treading cautiously in determining whether to take any tariff or quota action against other countries, Under Secretary of Defense for Acquisition, Technology, and Logistics Ellen Lord said Oct. 4 during the Bureau of Industry and Security annual export control policy conference. The administration launched Section 232 investigations in April into whether steel and aluminum imports are a threat to national security, and affirmative findings could result in tariffs or quotas on those products. The investigations, led by the Commerce Department, remain under interagency review after Commerce indefinitely postponed its self-imposed deadline of June 30 for concluding the steel investigation (see 1705240034).
Russia export controls and sanctions
The use of export controls and sanctions on Russia has surged since the country's invasion of Crimea in 2014, and especially its invasion of Ukraine in in February 2022. Similar export controls and sanctions have been imposed by U.S. allies, including the EU, U.K. and Japan. The following is a listing of recent articles in Export Compliance Daily on export controls and sanctions imposed on Russia:
The U.S. delegation to the World Trade Organization during a Sept. 29 WTO Dispute Settlement Body (DSB) meeting continued to block the launch of a selection process to fill three expected vacancies on the Appellate Body (AB), according to a Geneva trade official. After raising issue with the fact that an AB judge whose term officially expired on June 30 was still working on three appeals as of Aug. 31 (see 1708310008), the U.S. during the meeting reiterated its argument that a selection process shouldn’t be launched until the matter of the judge's term is resolved, the trade official said. The AB currently has two vacancies on its seven-member panel, and could incur a third when Peter Van den Bossche’s term expires Dec. 11. The EU during the meeting said new judges should be found by the end of November, while Mexico -- speaking for itself and Argentina, Brazil, Colombia, Chile, Guatemala and Peru -- “set a February 2018 deadline for completing the process,” the Geneva trade official said.
The International Trade Commission published notices in the Sept. 26 Federal Register on the following AD/CV injury, Section 337 patent and other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The International Trade Commission published notices in the Sept. 20 Federal Register on the following AD/CV injury, Section 337 patent and other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The Bureau of Industry and Security (BIS) is denying export privileges for three individuals for export control law violations, the agency said. BIS removed export privileges for Ambar Morales until March 23, 2021, which will be five years after the U.S. District Court for the District of Arizona convicted her of attempting to export 7,942 rounds of ammunition designated on the U.S. Munitions List (USML) without a required State Department license, in violation of the Arms Export Control Act, BIS said. BIS removed export privileges for Dmitrii Karpenko until April 28, 2022, after he was convicted April 28, 2017, in the U.S. District Court for the Eastern District of New York for conspiring to export microelectronics items controlled under the Export Administration Regulations (EAR) to Russia with no State/BIS license, in violation of the International Emergency Economic Powers Act (IEEPA). BIS also eliminated export privileges for Alexey Krutilin until April 28, 2027, after he was convicted on April 28, 2017, in the U.S. District Court for the Eastern District of New York for conspiring to export EAR-controlled microelectronics items to Russia without the required State/BIS license, in violation of IEEPA.
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of carbon and alloy steel wire rod from Belarus (A-822-806), Russia (A-821-824) and the United Arab Emirates (A-520-808) are being sold in the U.S. at less than fair value. The agency will impose AD duty cash requirements on entries of subject merchandise from Belarus and the UAE beginning on Sept. 12, and retroactively on entries from Russia beginning on June 14.
The Commerce Department will require antidumping duty cash deposits on imports of carbon and alloy steel wire rod from Belarus, Russia and the United Arab Emirates, it said in a Sept. 6 fact sheet. The agency set AD rates at 280.02% for Belarusian exporters, at 84.1% for UAE exporters and found AD duty rates ranging from 436.8% to 756.93% for Russian companies in its preliminary determination. Cash deposit requirements will take effect upon publication of the preliminary determination in the Federal Register. They will be retroactive 90 days for Russian exporters. ITT will have more details on new cash deposit requirements when Commerce publishes its preliminary determination.
The International Trade Commission published notices in the Sept. 1 Federal Register on the following AD/CV injury, Section 337 patent and other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The Office of the U.S. Trade Representative is correcting the date of its hearing on Russia’s implementation of its World Trade Organization commitments to Oct. 10, USTR said. In an Aug. 4 Federal Register notice, the agency originally said the hearing to gather information for its 2017 report would take place on Sept. 28 (see 1708030001). Comments are still due on Sept. 22, USTR said. The 2016 report criticized Russia for opaque customs regulations for import valuation, tedious import licensing requirements and troublesome rules for imports of alcoholic products, among other things (see 1612220050). Russia imposed a ban in 2014 on some U.S. agricultural products after the Obama administration and allies sanctioned Russia over its involvement in the Ukraine conflict (see 14082620).
The U.S. is blocking proposals to launch a World Trade Organization selection process for new members of the WTO Appellate Body, which currently has two official vacancies on its seven-member panel, according to a Geneva trade official. The body could face a third vacancy when Peter Van den Bossche’s term expires Dec. 11, if the slots remain unfilled. During an Aug. 31 meeting of the WTO Dispute Settlement Body (DSB), the U.S. raised issue with the fact that Ricardo Ramirez-Hernandez, whose term officially expired on June 30, is still working on three ongoing appeals proceedings with which he is involved, the official said.