Bridge Collapse: USDA Provides Guidance to Importers of Agricultural Shipments Bound for the Baltimore Seaport

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is providing guidance to importers of agricultural shipments bound for the Baltimore seaport following the collapse of the Francis Scott Key Bridge. At this time, cargo operations remain suspended at the Baltimore seaport.

Importers of agricultural shipments bound for the Baltimore seaport should follow this guidance:

  • Effective immediately, plant and plant products, including permits issued for the consignments of plant and plant products to the Baltimore seaport, will be allowed to arrive at all North Atlantic ports of entry (including Norfolk/Newport News, VA) for APHIS/ U.S. Customs and Border Protection (CBP) inspection and/or clearance. While most of the permitted plant materials are already authorized to enter through various ports staffed with CBP Agriculture Specialists and APHIS plant inspection stations, importers who need assistance should call APHIS’ Plant Protection and Quarantine program at 301- 851-2046.

  • Effective immediately, APHIS Veterinary Services’ (VS) animal product and animal by-product permits issued for the consignment of shipments to the Baltimore seaport will be allowed to arrive at all North Atlantic ports of entry for APHIS/CBP inspection and clearance. Impacted permits will not be amended at this time. Importers who have any questions should call VS at 301- 851-3300, or send an email to apie@usda.gov.

  • Live animal imports regulated by VS and traveling to the United States under an import permit (to include germplasm and hatching eggs) must arrive at the port of entry specified on the import permit. If you have an import permit that specifies the Baltimore seaport as the port of entry for the shipment, please immediately contact VS Live Animal Import Permits at laippermits@usda.gov, or call 301- 851-3300, Option 2.

For APHIS Core Message Sets, filers should visit our website section on the different entry types and when to file, and especially review the section on entry type 61 (in-bonds). For help with the APHIS Core Message Set filing, please visit our website, send an email to ace.itds@usda.gov, or call our Help Desk at 1-833- 481-2102.

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https://www.aphis.usda.gov/news/program-update/bridge-collapse-usda-provides-guidance-importers-agricultural-shipments-bound

Increase in the NEXUS Application Fee and Change in the NEXUS Application Fee for Certain Minors

AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security.

ACTION:

General notice.

SUMMARY:

In this document, CBP is announcing an increase in the application fee for the NEXUS program and a change in the NEXUS application fee for certain minors. This change to the NEXUS program is being made simultaneously with changes to the Global Entry and Secure Electronic Network for Travelers Rapid Inspection (SENTRI) programs in order to harmonize the fees, application procedures and standard for exempting minors from payment of the application fee. CBP is simultaneously issuing a separate final rule updating the Global Entry and SENTRI regulations to be consistent with the changes herein. Read More→

https://www.federalregister.gov/documents/2024/04/02/2024-06852/increase-in-the-nexus-application-fee-and-change-in-the-nexus-application-fee-for-certain-minors

New DHS Textile Enforcement Actions Crack Down on Illicit Trade to Support 500,000 American Textile Jobs

DHS continues its commitment to facilitate efficient movement of goods by responsible companies

WASHINGTON – The Department of Homeland Security (DHS) is outlining an enhanced strategy to combat illicit trade and level the playing field for the American textile industry, which accounts for over 500,000 U.S. jobs and is critical for our national security. Two of DHS’s agencies, U.S. Customs and Border Protection (CBP) and Homeland Security Investigations (HSI), will further enhance their work together to protect the integrity of our markets, hold perpetrators accountable for customs violations, and safeguard the American textile industry. The plan will serve as the blueprint for future strengthened enforcement efforts through intensified targeting of small package shipments; joint trade special operations; increased customs audits and foreign verifications; and the expansion of the Uyghur Forced Labor Prevention Act (UFLPA) Entity List.

The new enforcement plan focuses on the following actions:

  • Cracking down on small package shipments to prohibit illicit goods from U.S. markets by improving screening of packages claiming the Section 321 de minimis exemption for textile, UFLPA, and other violations, including expanded targeting, laboratory and isotopic testing, and focused enforcement operations.

  • Conducting joint CBP-HSI trade special operations to ensure cargo compliance. This includes physical inspections; country-of-origin, isotopic, and composition testing; and in-depth reviews of documentation. CBP will issue civil penalties for violations of U.S. laws and coordinate with HSI to develop and conduct criminal investigations when warranted.

  • Better assessing risk by expanding customs audits and increasing foreign verifications. DHS personnel will conduct comprehensive audits and textile production verification team visits to high-risk foreign facilities to ensure that textiles qualify under the U.S.-Mexico-Canada Agreement (USMCA) or the Central America-Dominican Republic Free Trade Agreement (CAFTA-DR). CBP recently visited 31 facilities in Mexico—the first such visits under USMCA—as well as 18 facilities in Honduras, and is on track to double the number of total foreign verification visits compared to last year.

  • Building stakeholder awareness by engaging in an education campaign to ensure that importers and suppliers in the CAFTA-DR and USMCA region understand compliance requirements and are aware of CBP’s enforcement efforts.

  • Leveraging U.S. and Central American industry partnerships to improve facilitation for legitimate trade.

  • Expanding the UFLPA Entity List to identify malign suppliers for the trade community through review of additional entities in the high-priority textile sector for inclusion in the UFLPA Entity List. Read More→

https://www.dhs.gov/news/2024/04/05/new-dhs-textile-enforcement-actions-crack-down-illicit-trade-support-500000

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SMART WEARABLE DEVICES, SYSTEMS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart wearable devices, systems, and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Ouraring, Inc. of San Francisco, CA, and Ōura Health Oy of Oulu, Finland, on March 13, 2024; supplemented on March 21, 2024; and amended on March 22, 2024. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart wearable devices, systems, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Ultrahuman Healthcare Pvt. Ltd of Bengaluru, India,

  • Ultrahuman Healthcare SP LLC of Abu Dhabi, United Arab Emirates,

  • Ultrahuman Healthcare Ltd. of London, United Kingdom,

  • Guangdong Jiu Zhi Technology Co. Ltd. of Zhongshan City, China,

  • RingConn LLC of Wilmington, DE, and

  • Circular SAS of Paris, France.

By instituting this investigation (337-TA-1398), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2024/er0412_65060.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CELLULAR BASE STATION COMMUNICATION EQUIPMENT, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain cellular base station communication equipment, components thereof, and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Motorola Mobility LLC of Chicago, IL, on March 11, 2024, and supplemented on March 19, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cellular base station communication equipment, components thereof, and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Ericsson AB of Stockholm, Sweden,

  • Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, and

  • Ericsson Inc. of Plano, TX.

By instituting this investigation (337-TA-1397), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2024/er0410_65047.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN MEDICAL PROGRAMMERS WITH PRINTED CIRCUIT BOARDS, COMPONENTS THEREOF, AND PRODUCTS AND SYSTEMS FOR USE WITH THE SAME

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain medical programmers with printed circuit boards, components thereof, and products and systems for use with the same. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Medtronic, Inc.; Medtronic Logistics, LLC; and Medtronic USA, Inc., all of Minneapolis, MN, and Medtronic Puerto Rico Operations Co. of Juncos, Puerto Rico, on February 28, 2024, and supplemented on March 1, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain medical programmers with printed circuit boards, components thereof, and products and systems for use with the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified the following respondent in this investigation:

  • Axonics, Inc. of Irvine, CA.

By instituting this investigation (337-TA-1396), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2024/er0329_65018.htm

USITC VOTES TO CONTINUE INVESTIGATIONS ON MELAMINE FROM GERMANY, INDIA, JAPAN, NETHERLANDS, QATAR, AND TRINIDAD AND TOBAGO

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is subject to material injury or threat of material injury by reason of imports of melamine from Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago that are allegedly sold in the United States at less than fair value and subsidized by the governments of Germany, India, Qatar, and Trinidad and Tobago.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. 

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of melamine from Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago, with its preliminary countervailing duty determinations due on or about May 9, 2024, and its preliminary antidumping duty determinations due on or about July 23, 2024.

The Commission’s public report Melamine from Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago (Inv. Nos. 701-TA-706-709 and 731-TA-1667-1672 (Preliminary), USITC Publication 5503, April 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by April 26, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.
 


UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Melamine from Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago

Investigation Nos: 701-TA-706-709 and 731-TA-1667-1672 (Preliminary)

 

Product Description:  Melamine is a fine, white organic crystalline powder with the chemical structure 1,3,5-triazine-2,4,6-triamine (C3H6N6, CAS number 108‐78‐1). Melamine is used primarily to manufacture melamine-formaldehyde resins that are feedstocks in products used in the automotive, construction, and furniture sectors, including surface coatings, laminates, molding compounds, paper and textile treatments, and adhesives. Read More→
https://www.usitc.gov/press_room/news_release/2024/er0329_65015.htm

Guidance for Unanticipated Cargo Diversion

Cargo Systems Messaging Service

CSMS # 60069598 - Guidance for Unanticipated Cargo Diversion

In relation to unanticipated cargo diversions, the port of entry cannot be changed in an entry that has been accepted by CBP. The initial entry summary must be cancelled by CBP and the broker will need to file a new entry at the newly designated port where the diverted shipment will be delivered. Brokers and Importers will need to upload a letter to DIS that states the new entry is a duplicate due to unanticipated cargo diversion. The Centers of Excellence and Expertise will then cancel the initial entry. Guidance regarding port code changes for entry summary in trade control are found on Page 36 of the ACE Cargo Release Implementation Guide.
https://content.govdelivery.com/bulletins/gd/USDHSCBP-39496de?wgt_ref=USDHSCBP_WIDGET_2

United States and Kenya to Hold Fourth Negotiating Round Under the Strategic Trade and Investment Partnership

March 27, 2024

WASHINGTON – The United States and Kenya will hold a fourth in-person negotiating round under the Strategic Trade and Investment Partnership (STIP) in Washington, DC, from April 2-12, 2024. The United States delegation will be led by Assistant United States Trade Representative Constance Hamilton and will include representatives from several other government agencies. The Kenyan delegation will be led by Principal Secretary for Trade Alfred K’Ombudo.

The negotiators last met in person under the STIP in January 2024 in Nairobi, Kenya, and have continued to make progress in deepening mutual understanding and resolving differences. Ambassador Tai also traveled to Nairobi from July 17-19, 2023, where she engaged in productive discussions with President Ruto and senior Kenyan officials on the positive feedback USTR has received from stakeholders on the STIP thus far and on the continued momentum of ongoing negotiations.

This round of negotiations will primarily cover three of the topics under the STIP: (1) agriculture, (2) workers’ rights, and (3) environment. The United States and Kenya will also continue conceptual discussions on customs and trade facilitation and on inclusivity.

These meetings will be closed press.

 

Background

The United States and Kenya launched the STIP on July 14, 2022 and announced that the two governments would pursue enhanced engagement leading to high standard commitments in a wide range of areas. The goal of the Partnership is to increase investment; promote sustainable and inclusive economic growth; benefit workers, consumers, and businesses (including micro-, small-, and medium-sized enterprises); and support African regional economic integration. 

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2024/march/united-states-and-kenya-hold-fourth-negotiating-round-under-strategic-trade-and-investment

China initiates dispute regarding US tax credits for electric vehicles, renewable energy

China has requested WTO dispute consultations with the United States regarding certain tax credits under the US Inflation Reduction Act to promote the production of electric vehicles and renewable energy projects. The request was circulated to WTO members on 28 March.

China claims the US credits at issue are contingent on the use of domestic over imported goods or discriminate against goods of Chinese origin in violation of provisions under the General Agreement on Tariffs and Trade 1994, the Agreement on Trade-Related Investment Measures and the Agreement on Subsidies and Countervailing Measures.

Further information is available in document WT/DS623/1
Read More→ https://www.wto.org/english/news_e/news24_e/ds623rfc_28mar24_e.htm

APHIS’ Plant Protection and Quarantine Expands Risk-Based Sampling for Bananas and Plantains at U.S. Ports of Entry

APHIS’ Plant Protection and Quarantine (PPQ) and the U.S. Department of Homeland Security’s Customs and Border Protection (CBP) will expand the Risk-Based Sampling at Ports of Entry (RBS POE) program for fresh banana and plantain shipments starting the week of March 25, 2024.  The goals of RBS POE are to reduce inspections on entities importing commodities compliant with current pest and disease regulationsand provide incentives for producers to increase the quality of their goods.

The expanded RBS POE combinations (Conveyance + Commodity + Country of origin) are as follows:

FDA Issues Import Alert for Food Products with Chemical Contaminants Including PFAS

Today, the U.S. Food and Drug Administration issued a new import alert for human food products with detectable levels of chemical contaminants that may present a safety concern to human health. The Import Alert 99-48, Detention without Physical Examination of Foods Due to Chemical Contamination, gives the FDA the ability to help prevent entry of human food products into the U.S. if they are found to be contaminated with a broad range of human-made chemicals including benzene, dioxins and polychlorinated biphenyls (PCBs), and per- and polyfluoroalkyl substances (PFAS), among others.

PFAS are a diverse group of thousands of chemicals used in many different types of products. PFAS in the environment can enter the food supply through plants and animals grown, raised, or processed in contaminated areas. It is also possible for very small amounts of certain PFAS to enter foods through food packaging, processing, and cookware. As the FDA continues to update and enhance our approach and process for evaluating and monitoring chemicals, this Import Alert is one of the tools we can employ in our commitment to reducing harmful exposure to chemical contaminants like PFAS in the food supply.

The FDA generally has taken the approach of assessing, on a case-by-case basis, whether the type and level of a chemical contaminant found in food may pose a health concern, such that the food is considered to be adulterated in that the levels may pose a risk to human health. To make that determination, the FDA considers factors including, but not limited to, whether there is an established action level or tolerance, how much of the food people typically eat, the level of the contaminant detected in that food, and the toxicity of the specific contaminant(s). Read More→

India, US announce mutually agreed solution in dispute over agricultural import measures

On 15 March, India and the United States submitted a notification to the WTO’s Dispute Settlement Body of a mutually agreed solution in dispute DS430, “India — Measures Concerning the Importation of Certain Agricultural Products.” The notification was circulated to WTO members on 21 March. Read More →

https://www.wto.org/english/news_e/news24_e/disp_21mar24_e.htm

United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review

AGENCY:

United States Section, USMCA Secretariat, International Trade Administration, Department of Commerce.

ACTION:

Notice of Completion of Panel Review.

SUMMARY:

The deadline to file a complaint in the matter of Tin Mill Products from Canada; Final Affirmative Determination of Sales at Less than Fair Value and Final Negative Determination of Critical Circumstances was March 11, 2024. No complaint was timely filed pursuant to the USMCA Rules of Procedure for Article 10.12 Binational Panel Reviews (Rules). As such, this panel review has been completed.

FOR FURTHER INFORMATION CONTACT:

Vidya Desai, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. Read More→

Joint Statement of the First Meeting of the Trade Ministers of the Americas Partnership for Economic Prosperity

March 19, 2024

Barbados, Canada, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Mexico, Panama, Peru, the United States, and Uruguay issued the following joint statement following the first Trade Ministerial of the Americas Partnership for Economic Prosperity (Americas Partnership) on March 18, 2024:
 
Today, Ministers with primary responsibility for international trade and investment from each of the Americas Partnership countries held their first meeting since the release of the Leaders’ East Room Declaration in November 2023. The virtual meeting focused on implementation of the Leaders’ guidance related to trade and investment and plans for an in-person Trade Ministerial Meeting this year.

The Ministers emphasized how the Americas Partnership can complement and build on existing trade ties, further deepen economic integration in the region, and develop sustainable and inclusive approaches to trade and investment. They also recalled Leaders’ expectation that the trade agenda under the Americas Partnership create formal jobs that lead to decent work and promote internationally recognized labor rights, environmental sustainability, and economic inclusion. The Ministers reiterated the importance of timely implementation of Leaders’ priorities, including work on trade facilitation and digitalization of customs procedures; conducting a gap analysis of value and supply chains in the critical sectors of clean energy, semiconductors, and medical supplies; and developing activities to promote greater access to the benefits of trade for small and medium-sized enterprises (SMEs) and underserved communities.
 
During the meeting, the Ministers received a progress update on these priorities from the Senior Officials of the Council on Trade and Competitiveness (CTC), including the establishment of committees on Trade Rules and Transparency, Sustainable Value and Supply Chains, and Inclusive Trade and SMEs, and their ongoing technical work. The Ministers took note of the work already underway and directed the CTC to maximize efforts in light of the Second Leaders’ Summit to be held in Costa Rica in 2025, including by ensuring that the technical leads for all committees and working groups have been identified and hold their first meetings as soon as possible.

Recognizing the ambitious regional goals of the Americas Partnership, the Ministers also directed the CTC to actively consider priorities for 2025. Ministers stressed the importance of broad and inclusive stakeholder engagement in developing projects for the trade work of the Americas Partnership and encouraged the CTC to continue its exchange of information on approaches to stakeholder engagement and best practices to promote inclusivity.
 
Ministers reiterated their commitment to making the Americas Partnership a durable structure for regional cooperation on trade and investment issues and welcomed Ecuador’s offer to host an in-person Trade Ministerial Meeting of the Americas Partnership this summer.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2024/march/joint-statement-first-meeting-trade-ministers-americas-partnership-economic-prosperity

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING XANTHAN GUM FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on xanthan gum from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Xanthan Gum from China (Inv. No. 731-TA-1203 (Second Review), USITC Publication 5501, April 2024) will contain the views of the Commission and information developed during the review. 

The report will be available by April 18, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.  Read More→ https://www.usitc.gov/press_room/news_release/2024/er0321_64980.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN AEROSOL FIRE EXTINGUISHING TECHNOLOGY, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain aerosol fire extinguishing technology, components thereof, and products containing same. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Defender Safety Inc. of Plainview, NY, and Nano Fire LLC of Plainview, NY, on February 22, 2024, and supplemented on February 27, March 12, and March 13, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain aerosol fire extinguishing technology, components thereof, and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Halma Plc of Amersham, United Kingdom,

  • Halma Holdings LLC of Summit, NJ,

  • FirePro Systems, Ltd. of Limassol, Cyprus, and

  • Hochicki America Corporation of Buena Park, CA.

By instituting this investigation (337-TA-1395), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

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https://www.usitc.gov/press_room/news_release/2024/er0325_64997.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING CLAD STEEL PLATE FROM JAPAN

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on clad steel plate from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determination, the existing order on imports of this product from Japan will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, and Amy A. Karpel voted in the affirmative. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.

The Commission’s public report Clad Steel Plate from Japan (Inv. No. 731-TA-739 (Fifth Review), USITC Publication 5502, April 2024) will contain the views of the Commission and information developed during the review. 

The report will be available by April 25, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.  Read More→ https://www.usitc.gov/press_room/news_release/2024/er0328_65013.htm

Baltimore bridge collapse likely to have some regional impact

Key insights:

1 The container ship that hit the Key Bridge in Baltimore may have suffered a loss of propulsion, causing the crash. No timeline has been offered for reopening the port, though MSC thinks it will be at least a couple months.

2 The Port of Baltimore is not a major hub for container traffic, and is only the fifth largest on the East Coast. Its 1.1 million TEU handled in 2023 represent just 5% of total US ocean import volumes. Locally, shippers dependent on Baltimore will face the challenge of urgently finding alternatives and will also likely incur higher costs for arrangements farther away from their desired hub.

3 Regionally, imports headed for Baltimore will be rerouted to alternative ports which could cause some congestion and delays for shippers. But ocean freight is now in its slow season between Lunar New Year and peak season. And with no significant congestion at any of the major East Coast ports, there could be some disruptions and higher rates in the near term as the market adjusts but volumes should be able to be shifted to other ports without causing too much of a disruption.

Ocean rates - Freightos Baltic Index:

• Asia-US West Coast prices (FBX01 Weekly) fell 12% to $3,728/FEU.

• Asia-US East Coast prices (FBX03 Weekly) fell 10% to $5,284/FEU.

• Asia-N. Europe prices (FBX11 Weekly) fell 18% to $3,189/FEU.

• Asia-Mediterranean prices (FBX13 Weekly) increased 9% to $4,532/FEU.

Air rates - Freightos Air index

• China - N. America weekly prices decreased 5% to $5.65/kg.

• China - N. Europe weekly prices fell 10% to $3.52/kg.

• N. Europe - N. America weekly prices fell 4% to $2.06/kg.

Analysis

The 10,000 TEU container vessel Dali, operated as part of the Maersk/MSC 2M alliance on its Asia - US East Coast TP12/Empire service was on its way out of the Port of Baltimore and heading to Colombo, Sri Lanka when it may have suffered a loss of propulsion causing it to collide with a support of the Key Bridge early Tuesday, leading to the bridge’s collapse and several casualties. Read More→