The 15% tariff on most solar panels and the 15% tariff on imported solar cells past a 2.5 gigawatt threshold are slated to expire Feb. 6, and, according to Reuters, the White House is considering accepting some of the International Trade Commission's recommendations on extending the solar panel and cell safeguard, and rejecting others. The ITC recommended reducing the current 15% rate by just .25% in 2022, and by another quarter point each year, until early 2026, when the safeguard would expire.
Trade Law Daily is providing readers with the top 20 stories published in 2021 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.
Trade Law Daily is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Ilissa Shefferman is now CBP's forced labor division branch chief-Investigations East and Adam Sulewski is branch chief-Investigations West, the agency said in an updated list of contacts. The division previously had only one branch focused on investigations (see 2109290023)
The Department of Justice filed a motion, with the consent of the plaintiff -- palm oil importer Virtus Nutrition -- for an extension of time to reply to an amicus brief since the litigants are nearing a resolution of the case, DOJ said in the Dec. 3 filing. The case concerns a shipment of palm oil entered by Virtus that was excluded from entry by CBP over suspicions that the goods were made with forced labor. Virtus expects a sale and re-exportation of the palm oil following a U.S. Coast Guard inspection of the two-way hydrant system located at the port where the merchandise is being stored, the brief said. Once this inspection is completed, the goods will be on their way (Virtus Nutrition, LLC v. United States, CIT #21-00165).
Apple, Google, Microsoft, Dell and Tesla will avoid a lawsuit alleging the tech giants benefited from child labor in cobalt mines in the Democratic Republic of the Congo. Finding that the plaintiffs -- a group of anonymous individuals -- failed to establish a causal connection between their injuries and the tech companies, the U.S. District Court for the District of Columbia dismissed the case, finding a lack of subject-matter jurisdiction (John Doe I, et al. v. Apple Inc., et al., D.D.C. #19-03737).
The Commerce Department defended its actions to drop its reliance on Malaysian surrogate data in an antidumping duty investigation after the Court of International Trade raised questions over the distortive effects of forced labor in Malaysia. In a brief Nov. 4, Commerce said it was correct to use certain Mexican data instead of the Malaysian data (New American Keg, d/b/a American Keg Co. v. U.S., CIT #20-00008).
Arent Fox has brought on four lawyers to join its Customs and Import Compliance team over the course of 2021, the firm said. In the New York office are Angela Santos, a partner who leads Arent Fox's forced labor task force and focuses on customs enforcement actions, and Christine Hintze, an associate specializing in CBP's enforcement of forced labor laws and regulations. James Kim, an associate in the San Francisco office, advises clients on international trade and customs matters. Richard McManus, counsel in the Washington, D.C., and a former employee with the Office of the Chief Counsel at CBP, brings a wealth of customs experience, the firm said.
Anonymous solar producers still have yet to justify their requests for anti-circumvention inquiries on solar cells from Malaysia, Vietnam and Thailand, so the Commerce Department should decline to initiate the inquiries altogether, said NextEra and Florida Power & Light in their Oct. 25 response to additional information submitted by the producers nearly two weeks prior.
RANCHO MIRAGE, California -- Lawyers are seeing a rise in cases filed against customs brokers for failing to meet their fiduciary duties, said Cameron Roberts, a Roberts & Kehagiaras trade attorney. Many of the cases involve importers who allege their brokers didn’t correctly advise them about issues related to forced labor, Section 301 tariffs and certain agriculture imports, he said. “All of these issues are being put at the foot of the broker,” Roberts said, speaking during the Oct. 15 Western Cargo Conference.