Weekly Trade Briefing: October 4 – 8, 2021

Trade Update • OCTOBER 8, 2021

Aweekly roundup of news reports, government announcements, and other information about current and emerging developments in international trade and customs compliance.

CBSA Makes Preliminary Determination of Dumping: OCTG Goods from Mexico

On Sept. 28, the Canada Border Services Agency made a preliminary determination of dumping respecting certain oil country tubular goods from Mexico. Provisional duties will accordingly now be payable on certain OCTG products from Mexico that are released from the CBSA on or after September 28, 2021. For most importations of subject goods originating in/or exported from Mexico, the anti-dumping duty is 128.4% of the export price.

CBSA Initiates Re-Investigation of Refined Sugar Imports

The CBSA this week initiated a re‑investigation of the normal values and export prices of refined sugar, refined from sugar cane or sugar beets, in granulated, liquid and powdered form (refined sugar), originating in or exported from the United States, Denmark, Germany, the Netherlands and the United Kingdom and amounts of subsidy of refined sugar originating in or exported from the European Union. The probe follows the Canadian International Trade Tribunal’s continuation order issued in August.

CBP Seeking Comments on Global Business Identifier Initiative

CBP on Wednesday published a Federal Register Notice inviting comments on the agency’s proposed Global Business Identifier (GBI) Evaluative Proof of Concept (as previously reported here) which aims to determine a single identifier solution that will uniquely discern main legal entity and ownership; specific business and global locations; and supply chain roles and functions. CBP says testing will enable it to make an informed decision on whether to mandate the use of the GBI solution as an alternative for the Manufacturer/Shipper Identification Code (MID). Comments regarding the GBI and/or EPoC process will be accepted via e-mail until December 5, 2021.

CIT Dismisses Case Over Seized Imports for Lack of Jurisdiction

In a case about an imported cannabis processor that was seized by CBP as prohibited merchandise (i.e., “drug paraphernalia”), the U.S. Court of International Trade ruled on Oct. 7 that the CIT does not have jurisdiction under the circumstances, that authority residing exclusively with federal district courts. The Court concluded that it did not have jurisdiction over the dispute because CBP seized the goods in question before a deemed exclusion occurred by operation of law. In other words, the CIT has jurisdiction over CBP’s decision to exclude goods from entry (if properly protested), but it does not have jurisdiction over seized goods.