Executive Order Update:

Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws

 

March 31, 2017

The executive order issued by the White House on March 31, 2017 states that “importers that unlawfully evade antidumping and countervailing duties expose United States employers to unfair competition and deprive the Federal Government of lawful revenue. As of May 2015, $2.3 billion in antidumping and countervailing duties owed to the Government remained uncollected, often from importers that lack assets located in the United States.”

The two key provisions of this order require implementation plan development within 90 days. First, within 90 days of the date of the Order, the Secretary of Homeland Security, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative, develop a plan that would require certain covered importers to provide security for antidumping and countervailing duty liability through bonds and other legal measures, and also would identify other appropriate enforcement measures.

Second, and also within 90 days of the date of the Order, the Secretary of Homeland Security, through the Commissioner of U.S. Customs and Border Protection, shall develop and implement plan for combating violations of U.S. trade and customs laws for goods and for enabling interdiction and disposal of inadmissible merchandise.

The full text of the Executive Order is available here.

The US-Iran Chamber of Commerce provides Executive Order Updates,[1] particularly those which relate to international trade, US-Iran trade relations, and other trade- and compliance-related matters. Executive orders are legally binding orders issued by United States Presidents and directed towards officers and agencies of the Federal Government of the United States. Article II of the U.S. Constitution affords presidents a “grant of executive power.” Presidents use that term, along with other powers enumerated in the Constitution, to issue executive orders. If you have questions regarding this Executive Order, please feel free to contact the US-Iran Chamber of Commerce at info@usircc.org.


[1] The information contained in this article is current through April 2017. The US-Iran Chamber of Commerce takes no responsibility for updates, terminations, superseding executive orders, or other changes to this or other executive orders.

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OFAC Update – Feb. 2nd & 3rd

Addition to List of Medical Devices Requiring Specific Authorization

OFAC has clarified and added to the list of medical devices requiring specific licenses. These medical devices formerly were authorized under General License 31 C.F.R. 560.530(a)(3) (Authorizing the Exportation of or Reexportation of Medicine and Medical Devices to Iran) and broadly permitted for export/reexport to Iran. Exporters must apply to receive a specific license from OFAC for the medical supplies and equipment added to this list.

The US-Iran Chamber of Commerce can advise you about the license application process required under U.S. laws and regulations. For your specific transactional needs, the Chamber may provide referrals to specialized sanctions or OFAC attorneys. For further guidance, please contact us at info@USIRCC.org.

The additions to this list are as follows:

General Medical Supplies and Equipment

  • Oxygen Generators
  • Pumps with flow rates of more than 1 liter/minute
  • Diagnostic Medical Imaging Equipment:
    • Gamma imaging equipment
    • Tactile Imaging equipment
    • Thermography equipment

Laboratory

  • Freeze-drying (lypophilizers) and spray-drying equipment
  • Fermenters, bioreactors, and chemostats
  • Crossflow (tangential) filtration systems and disposable filter cartridges
  • Biocontainment chambers and hoods, including isolators, biological safety cabinets, and laminar flow hoods
  • Aerosol inhalation equipment, including full-body, head-only, nose-only, and mask exposure systems
  • Decontamination showers
  • Laboratory glassware made from borosilicate glass, including reaction vessels, storage tanks, heat exchangers, and distillation and absorption columns
  • Autoclaves larger than 20 liters
  • Clinical laboratory water baths larger than 10 liters
  • Laboratory hot plates exceeding 1 square foot of heating surface
  • Freezers capable of reaching temperatures of -80 degrees Celsius
  • Laboratory shakers and incubator shakers
  • Carbon dioxide incubators
  • Circular dichroism spectrometers
  • Spectrophotometers not designed for clinical use
  • Fluorometers
  • Nuclear Magnetic Resonance Spectrometers
  • Polymerase Chain Reaction (PCR) machines
  • Differential Scanning Calorimeters
  • Chromatography Equipment
  • Fluorescence Microscopes
  • Confocal Microscopes
  • Cascade Impactors
  • Dynamic Light Scattering Equipment
  • Quasielectric Light Scattering Equipment
  • Full face mask respirators, including Powered Air Purifying Respirators (PAPR)
  • Decontamination systems using the following chemicals:
    • Vaporized hydrogen peroxide
    • Vaporized paraformaldehyde
    • Vaporized ethylene oxide
    • Isopropanol (99% purity)
  • High Efficiency Particulate Air (HEPA) Filtration Systems and HEPA filters
  • Fourier Transformation Infrared (FTIR) Systems
  • Balancing machines
  • Motion simulators
  • Rate tables