The U.S. International Trade Commission (USITC) has found a “reasonable indication” that domestic olive production has been injured by imports of Spanish olives sold at less than fair market value. In June 2017, two California olive producers filed a petition alleging that the imported olives, which are subsidized by the Spanish government, have damaged domestic producers. According to the petition, the number of domestic olive producers has fallen from 20 to two over the last few decades. The Department of Commerce initiated an investigation in July, and final determinations of penalties or duties due under the Tariff Act of 1930 are expected in early 2018. Issue 645
Category Archives Department of Commerce
A federal court has ruled that three environmental groups lack standing to intervene in a lawsuit to block implementation of the Seafood Import Monitoring Program. Alfa Int’l Seafood v. Ross, No. 170031 (D.D.C., order entered April 17, 2017). The court held that the Natural Resources Defense Council, Oceana and the Center for Biological Diversity failed to establish concrete or particularized injuries “fairly traceable” to the possible vacating of the proposed program, known as the Seafood Traceability Rule. Even if they could, the court found, the groups still had not made a minimal showing that defendant U.S. Department of Commerce was unable to adequately represent their interests in the case. The groups argued that the new administration “might adopt policies that negatively affect the force of the Rule,” but Commerce reported that it supported the program. The court also dismissed the groups’ disagreements with Commerce about the program’s scope and timing…
The White House has issued a policy directive intended to promote “authorized engagements with Cuba to advance cooperation on areas of mutual interest, and increase travel to, commerce with, and the free flow of information to Cuba.” To this end, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security have announced amendments to the Cuban Assets Control Regulations and Export Administration Regulations that will lift restrictions on travelers bringing Cuba-origin alcohol, cigars and other products back to the United States for personal use. According to the announcement, OFAC considers “personal use” of imported merchandise “to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration.” In addition, the new rules permit a range of specific healthcare, humanitarian, trade, and commerce transactions, and…
The International Trade Administration’s Advisory Committee on Supply Chain Competitiveness will hold a public meeting on June 23-24, 2015, at the U.S. Department of Commerce in Washington, D.C. The 45-member group is charged with providing the Commerce secretary with recommendations for a comprehensive national freight infrastructure and freight policy to support U.S. supply chain and export competitiveness. Stakeholders are invited to submit written comments about the work of the committee no later than 5 p.m. EST on June 15. See Federal Register, June 2, 2015. Issue 567
The Department of Commerce has issued an affirmative preliminary determination in a countervailing duty (CVD) investigation of sugar imports from Mexico, and the United States is preparing to impose import duties as high as 17 percent on Mexican sugar. According to an International Trade Administration fact sheet, the CVD investigation was instituted in March 2014 after domestic sugar interests filed a petition seeking relief from “the market distorting effects caused by injurious subsidization of imports into the United States.” Beginning the first week of September, Commerce will instruct U.S. Customs and Border Protection to require cash deposits based on the preliminary subsidy rates calculated for different Mexican exporters. A final determination in the matter is scheduled for January 2015. An American Sugar Alliance spokesperson said that the August 26, 2014, determination “validates our claim that the flood of Mexican sugar, which is harming America’s sugar producers and workers, is subsidized…
A group of 17 U.S. senators has submitted a letter to the Commerce Department warning that a proposed suspension agreement imposing quotas on Mexican sugar imports would violate the North American Free Trade Agreement, “threaten the viability of American food manufacturers and raise food prices for American families.” Led by Sens. Jeanne Shaheen (D-N.H.) and Pat Toomey (R-Penn.), the group includes Sens. John McCain (R-Ariz.) and Dianne Feinstein (D-Calif.). Following petitions by members of the American Sugar Alliance, the Commerce Department launched an April 2014 investigation into allegations that Mexico’s mills are dumping subsidized sweetener in the United States, and the department is reportedly due to decide whether to impose duties on Mexican imports soon. “This mutual market access is beneficial to the United States: U.S. growers and refiners do not produce enough sugar to meet the demands of U.S. consumers, and imports are necessary to keep America’s food manufacturers…
The U.S. Department of Commerce (DOC) and National Oceanic and Atmospheric Administration (NOAA) have solicited public comment on complementary draft policies aiming “to enable the development of sustainable marine aquaculture.” According to NOAA, these policies apply to “the farming of marine organisms such as shellfish, finfish, and algae for food, habitat restoration, and rebuilding of wild fish stocks,” and outline how the agency plans “to fund research into innovative aquaculture technologies, work with partners to create job initiatives that encourage the growth of the industry, and grant access to favorable sites for aquaculture facilities.” To this end, the NOAA draft policy specifically offers “a national approach for supporting sustainable commercial production, expanding restoration aquaculture, and researching and developing new technologies.” It also includes principles meant to guide the regulation of aquaculture in federal waters, with an emphasis on (i) ecosystem compatibility, (ii) compatibility with other uses, (iii) the best available…
The U.S. Department of Commerce’s Internet Policy Task Force (IPTF) has issued a green paper titled Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework, which sets forth initial policy recommendations for “promoting consumer privacy online while ensuring the Internet remains a platform that spurs innovation, job creation, and economic growth.” To this end, the report “reviews the technological, legal, and policy contexts of current commercial data privacy challenges; describes the importance of developing a more dynamic approach to commercial privacy both in the United States and around the world; and discusses policy options (and poses additional questions) to meet today’s privacy challenges in ways that enable continued innovation.” Designed to promote “privacy, transparency and informed choice,” the IPTF framework reflects input from stakeholders in industry, academia and government. It specifically calls for (i) “establishing Fair Information Practice Principles comparable to a ‘Privacy Bill of Rights’ for…
U.S. Department of Commerce Secretary Gary Locke (D) has reportedly declared a fishery disaster in the Gulf of Mexico as a result of the ongoing Deepwater Horizon oil spill’s effect on commercial and recreational fisheries in Louisiana, Mississippi and Alabama. Made in response to requests from Louisiana Governor Bobby Jindal (R) and Mississippi Governor Haley Barbour (R), the determination will help ensure that the federal government “is in a position to mobilize the full range of assistance that fishermen and fishing communities may need,” Locke said. The Commerce Department has asked for $15 million in supplemental funding “as a backstop to address this disaster,” $5 million in economic development assistance through the Economic Development Administration and unemployment coverage. In addition, the Small Business Administration has offered economic injury disaster loans to help fishermen and other affected businesses. See U.S. Commerce Department Press Release, May 24, 2010.
