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UPDATED: April 6, 2020 – Major operational changes continue at trade-related U.S. government agencies and courts due to personnel and public safety concerns over the COVID-19 outbreak in the United States. Below is currently available information on their status. Overall, the Office of Personnel Management has announced that as of March 16, 2020, and until further notice, federal offices nationwide are open but “maximum telework flexibilities” are in place for all eligible employees “pursuant to direction from agency heads.”

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U.S. Department of Commerce – While Commerce has published no formal notice of its operating status, it is known that the main Commerce building was closed on March 31 until further notice. Access to the Herbert C. Hoover building is now restricted to only necessary security and maintenance staff, and “mission critical” employees are in contact with their supervisors. The <a href="https://www.trade.gov/">International Trade Administration (ITA)</a> has <a href="https://www.govinfo.gov/content/pkg/FR-2020-03-26/pdf/2020-06306.pdf">temporarily modified</a> its antidumping and countervailing duty (AD/CVD) cases to facilitate the serving of documents through electronic means. Effective March 24, 2020 and until May 19, 2020, documents containing business proprietary information (BPI) may be served on opposing counsel via ITA’s online ACCESS data portal instead of the normal requirement for hard-copy “in-person” service. Further, the <a href="https://www.bis.doc.gov/" target="_blank" rel="noopener">Bureau of Industry and Security (BIS)</a> has canceled its export control forums scheduled for April 2020.

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U.S. Department of the Treasury – While Treasury has published no formal notice of its operating status, the “public engagement” schedule remains empty, indicating that all outside meetings and events have been canceled. The Office of Foreign Assets Control (OFAC) has not indicated yet whether its operations have been affected.

U.S. Department of State – The Directorate of Defense Trade Controls (DDTC) has stated that its core activities across its Licensing, Compliance, Policy, and Management offices continue to function within the parameters and adjustments that have been made as the agency follows OPM guidance.

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DDTC states that it has established a new option for industry to submit disclosures and related information (e.g., exhibits, extension requests and responses to DTCC inquires) by allowing submissions via email to <a href="mailto:DTCC-CaseStatus@state.gov">DTCC-CaseStatus@state.gov</a>. In the event that a disclosure cannot be submitted via email, DDTC indicates that the continued use of regular U.S. mail is acceptable.

U.S. Trade Representative (USTR) – The Office of the U.S. Trade Representative has still offered no update on its operating status within the Executive Office of the President.

U.S. International Trade Commission (ITC) – <a href="https://www.usitc.gov/press_room/featured_news/usitc_response_covid_19.htm" target="_blank" rel="noopener">The ITC stated that it is open for business</a> while it continues to monitor the situation. Since March 17, all ITC employees have been teleworking full-time. The secretary’s office will accept only electronic filings during this time. Filings must be made through the ITC’s Electronic Document Information System (EDIS) at <a href="https://edis.usitc.gov" target="_blank" rel="noopener">https://edis.usitc.gov</a>. No in-person, paper-based filings or paper copies of any electronic filings will be accepted until further notice. The ITC building is now closed to the public entirely through at least April 24, 2020.

U.S. Customs and Border Protection (CBP) – CBP refers users to <a href="https://www.dhs.gov/coronavirus" target="_blank" rel="noopener">DHS.gov/coronavirus</a> for information related to the COVID-19 pandemic, where it states that “all air, land and sea Ports of Entry (POEs), CBP Officers (CBPOs) and Border Patrol Agents (BPAs) continue to identify and refer individuals with symptoms of COVID-19 or a travel history to China, Iran, or certain European countries in the past 14 days to CDC or local public health officials for enhanced health screening.”

In order to streamline communications and support the trade community, CBP launched the <a href="https://www.cbp.gov/newsroom/coronavirus">CBP COVID-19 Updates and Announcements web page</a> specifically dedicated to the most recent trade-related information and messaging on the impacts of COVID-19. Information found on the webpage includes Federal Register notices and Cargo Systems Messaging Service communications related to COVID-19, as well as updates and announcements in trade programs and cargo security.

DHS <a href="https://www.dhs.gov/news/2020/03/17/fact-sheet-dhs-notice-arrival-restrictions-china-iran-and-certain-countries-europe">continues to state</a> that the “routing of all flights with passengers who have recently been in China, Iran, and certain European countries through select airports with established resources, procedures and personnel is an important, prudent step DHS is taking actively to decrease the strain on public health officials screening incoming travelers and protecting the American public.”

U.S. Census Bureau&nbsp;– Many U.S. Census Bureau employees are operating remotely via telework. During this time, call centers and email inboxes will remain open to assist customers’ daily trade needs. However, the agency will have limited access to physical mail. For those companies that are submitting a Voluntary Self-Disclosure (VSD) or data request, please make the submission electronically to the Trade Regulations Branch (TRB) in a password-protected file to <a href="mailto:emd.askregs@census.gov">emd.askregs@census.gov</a> (for VSDs) or Data User &amp; Trade Outreach Branch (DUTOB) to <a href="mailto:tmd.outreach@census.gov">tmd.outreach@census.gov</a> (for data requests). Additionally, such submissions may be sent to the bureau’s secure fax at 301-763-8835.

U.S. Court of International Trade (CIT) – According to CIT’s <a href="https://www.cit.uscourts.gov/news/information-regarding-coronavirus-disease-covid-19-and-united-states-court-international-trad-0">statement of April 2, 2020</a>, courthouse access has been temporarily restricted until further notice. The staff of the Office of the Clerk is available by telephone and email. The court’s CM/ECF system continues to be operational during this time and unless otherwise ordered, all filing deadlines will remain in effect.

Any filings that are permitted by the Rules of the Court to be made by mail or delivery should be addressed to:

Office of the Clerk - Case Management U.S. Court of International Trade One Federal Plaza New York, NY 10278

Any filings that are permitted by the Rules of the Court to be made in person should be brought to the court security officers at the courthouse. The court notes “that there will be delays in processing documents that are mailed or delivered to the courthouse.”

U.S. Court of Appeals for the Federal Circuit – Per a public advisory notice and an administrative order, the Federal Circuit began restricting public access to the National Courts Building complex on March 16, 2020. On March 19, the court issued an updated public advisory stating that all cases scheduled for argument during the April 2020 sitting will now be conducted by telephone conference and no in-person hearings will be held.

The Clerk’s Office has issued new guidance on how counsel may accomplish service outside of CM/ECF, which is most frequently required when serving pro se parties or confidential materials. Individuals, including pro se litigants and couriers wishing to deliver or to file case documents, must submit these items either by mail or by deposit in the court’s night box. Mail and third-party commercial deliveries will be limited to the lobby. Any other deliveries must be coordinated ahead of time with relevant court staff.

The U.S. government has established multiple websites to assist the public:

U.S. Government International Trade-Related Websites:

Thompson Hine has launched a multidisciplinary COVID-19 Task Force to monitor the latest developments and guidance from public health officials and assess the potential impacts on our clients and their businesses. The <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force page</a> on our website provides a centralized location for recent publications, webinars, articles and resources that you may find helpful.

For the latest news and analysis in international trade law, please check out our blog, <a href="https://www.trumpandtrade.com/" target="_blank" rel="noopener">Trump and Trade</a>. To receive an email notification whenever a new post is published, please <a href="https://www.trumpandtrade.com/subscribe/" target="_blank" rel="noopener">subscribe to the blog</a>.

David M. Schwartz Partner, International Trade 202.263.4170 <a href="mailto:David.Schwartz@ThompsonHine.com">David.Schwartz@ThompsonHine.com</a>

Francesca M.S. Guerrero Partner, International Trade 202.973.2774 <a href="mailto:Francesca.Guerrero@thompsonhine.com">Francesca.Guerrero@thompsonhine.com</a>

Samir D. Varma Partner, International Trade 202.263.4136 <a href="mailto:Samir.Varma@ThompsonHine.com">Samir.Varma@ThompsonHine.com</a>

Scott E. Diamond* Senior Legislative &amp; Regulatory Policy Advisor, International Trade 202.263.4197 <a href="mailto:Scott.Diamond@ThompsonHine.com">Scott.Diamond@ThompsonHine.com</a> *Not licensed to practice law

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/05/COVID-19_and_International_Trade_-_Status_of_Trade-Related_US_Government_Agencies__Courts_and_Helpful_Online_Resources.pdf

COVID-19 and International Trade: Status of Trade-Related U.S. Government Agencies & Courts and Helpful Online Resources

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