CSMS #40564257 - GUIDANCE: Section 301 $200B-Tranche 3 Third Round of Product Exclusions from China

BACKGROUND

On October 28, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 57803 announcing the decision to grant the third round of certain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China ($200B Action - Tranche 3). 

These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.  The product exclusions announced in this notice will retroactively apply as of the September 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.

The exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 57803, regardless of whether the importer filed an exclusion request.  Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion.

The functionality for the acceptance of the third round of products of China excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) as of 12 pm (Noon) Eastern Standard Time, November 7, 2019. More →

https://content.govdelivery.com/bulletins/gd/USDHSCBP-26af621?wgt_ref=USDHSCBP_WIDGET_2

UNITED STATES WINS WTO CHALLENGE TO INDIAN EXPORT SUBSIDIES

Washington, D.C.—A World Trade Organization (WTO) dispute panel agreed with the United States that India provides prohibited export subsidies to Indian exporters worth over $7 billion annually. According to the panel, India gives prohibited subsidies to producers of steel products, pharmaceuticals, chemicals, information technology products, textiles, and apparel, to the detriment of American workers and manufacturers. 

“This is a resounding victory for the United States,” said U.S. Trade Representative Robert Lighthizer.  “Under the leadership of President Trump, the United States is using every available tool, including WTO enforcement actions, to ensure American workers are able to compete on a level playing field.”

The Indian programs found in violation of WTO rules are: the Merchandise Exports from India Scheme (MEIS); Export Oriented Units Scheme and related sector specific schemes (EOU); Special Economic Zones (SEZ); Export Promotion Capital Goods Scheme (EPCG); and a duty free imports for exporters program (DFIS).  The panel gave India six months to withdraw these prohibited subsidies.   

According to the Indian Government, thousands of Indian companies are receiving subsidies totaling over $7 billion annually from these programs, and India has increased the size and scope of these programs.  For example, India has rapidly expanded the MEIS to include more than 8,000 eligible products, nearly double the number of products covered since its introduction in 2015. Exports under the SEZ have increased over 6,000 percent from 2000 to 2017 and in 2016 accounted for over $82 billion in exports, or 30 percent of India’s export volume.  Exports from the EOU increased by over 160 percent from 2000 to 2016.       

Background

Export subsidies provide an unfair competitive advantage to recipients, and WTO rules expressly prohibit them.  A limited exception to this rule is for specified developing countries that may continue to provide export subsidies temporarily until they reach a defined economic benchmark.  India was initially within this group, but it surpassed the benchmark in 2015.  India’s exemption has expired, but India has not withdrawn its export subsidies.  

Today’s panel report rejects India’s assertion that it is entitled to additional time to provide export subsidies even after hitting the defined economic benchmark.  The panel report concludes that each program is an export subsidy inconsistent with India’s WTO obligations. 

The withdrawal of these prohibited subsidies will result in American workers and manufacturers competing on a fairer basis with their Indian competitors.

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/october/united-states-wins-wto-challenge

PRESIDENT TRUMP TERMINATES TRADE PREFERENCE PROGRAM ELIGIBILITY FOR CAMEROON

Washington, DC – President Donald J. Trump announced today his intent to terminate the eligibility of Cameroon for trade preference benefits under the African Growth and Opportunity Act (AGOA), as of January 1, 2020, due to persistent gross violations of internationally recognized human rights. The President notified Congress and the Government of Cameroon accordingly.

Based on the results of the required annual AGOA eligibility review, the President determined that Cameroon does engage in gross violations of internationally recognized human rights. Consequently, Cameroon is out of compliance with eligibility requirements of AGOA.  Specifically, Cameroon has failed to address concerns regarding persistent human rights violations being committed by Cameroonian security forces. These violations include extrajudicial killings, arbitrary and unlawful detention, and torture. 

“The U.S. government remains deeply concerned about persistent gross violations of human rights being committed by the Cameroonian government against its own citizens,” said Deputy U.S. Trade Representative C.J. Mahoney. “This action underscores the Administration’s commitment to upholding the human rights criteria as required in the AGOA legislation.  We urge the government of Cameroon to work with the United States and the international community to strengthen protection of human rights under the law and to publicly hold to account those who engage in human rights violations.”

The United States will continue to monitor whether Cameroon continues to engage in gross violations of internationally recognized human rights in accordance with the AGOA eligibility requirements.

Background

In order to qualify for AGOA trade benefits, partner countries must meet certain statutory eligibility requirements, including not engaging in gross violations of internationally recognized human rights. Other criteria include making continual progress toward establishing the rule of law, political pluralism, establishing internationally recognized worker rights, and the elimination of barriers to U.S. trade and investment.

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/october/president-trump-terminates-trade

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING WELDED STAINLESS STEEL PRESSURE PIPE FROM CHINA, MALAYSIA, THAILAND, AND VIETNAM

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of welded stainless steel pressure pipe from China and the existing antidumping orders on imports of this product from Malaysia, Thailand, and Vietnam 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 determinations, the existing antidumping and countervailing duty orders on imports of this product from China and the existing antidumping duty orders on imports of this product from Malaysia, Thailand, and Vietnam will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randoph J. Stayin, 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 Welded Stainless Steel Pressure Pipe from China, Malaysia, Thailand, and Vietnam (Inv. Nos. 701-TA-454 and 731-TA-1144 (Second Review) and 731-TA-1210-1212 (Review), USITC Publication 4994, November 2019) will contain the views of the Commission and information developed during the reviews.

The report will be available by December 5, 2019; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. More →

https://www.usitc.gov/press_room/news_release/2019/er1031ll1183.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN LITHIUM-ION BATTERY CELLS, BATTERY MODULES, BATTERY PACKS, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium-ion battery cells, battery modules, battery packs, components thereof, and products containing 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 LG Chem, Ltd., of Seoul, Republic of Korea; LG Chem Michigan Inc. of Holland, MI; and Toray Industries, Inc., of Tokyo, Japan, on September 26, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain lithium-ion battery cells, battery modules, battery packs, components thereof, and products containing the 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 as respondents in this investigation:

SK Innovation Co., Ltd., of Seoul, Republic of Korea; and
SK Battery America, Inc., of Atlanta, GA.

By instituting this investigation (337-TA-1181), 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.

https://www.usitc.gov/press_room/news_release/2019/er1030ll1181.htm

USTR to Consider Extending Certain Tariff Exclusions on $34 Billion of Chinese Imports

10/28/2019

Washington, DC – The United States Trade Representative (USTR) will commence on November 1, 2019 a process for considering extending for up to twelve months certain exclusions from additional tariffs on Chinese imports that were granted last December and are set to expire on December 28, 2019. 

In a Federal Register notice to be published this week, USTR will provide details on the process for submitting comments favoring or opposing specified tariff exclusions.  The period for submitting comments will run from November 1, 2019 to November 30, 2019. 

To view the Federal Register notice, click here.

Downloadable forms for filing a comment are available here. 

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/october/ustr-consider-extending-certain

USTR Announces GSP Enforcement Actions and Successes for Seven Countries

10/25/2019

Washington, D.C. – The Office of the United States Trade Representative announced today that President Donald J. Trump is suspending $1.3 billion in trade preferences for Thailand under the Generalized System of Preferences (GSP) based on its failure to adequately provide  internationally-recognized worker rights.  In addition, the President is restoring some GSP benefits for Ukraine following its passage of legislation aimed at addressing shortcomings in its intellectual property (IP) regime. 

USTR also announced it is opening new GSP eligibility reviews for two countries:  South Africa, based on IP protection and enforcement concerns, and Azerbaijan, based on worker rights concerns.  USTR also is closing GSP eligibility reviews with no loss of GSP eligibility for three countries:  Bolivia and Iraq, based on improvements in the protection of worker rights in those countries, and Uzbekistan, based on improvements in its protection and enforcement of IP rights. 

USTR also announced the results of the annual GSP product review. Decisions on product petitions can be viewed here.

Background

Today’s announcement represents the culmination of three separate processes under the GSP program: (a) determinations on ongoing GSP eligibility reviews, and (b) regular assessments of beneficiary developing countries, combined with public comment opportunities, to determine whether to launch new GSP eligibility reviews, and (c) the annual GSP product review.

Outcomes of Ongoing Country Eligibility Reviews

Thailand: Despite six years of engagement, Thailand has yet to take steps to provide internationally recognized worker rights in a number of important areas identified in a 2015 petition from the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), such as providing protections for freedom of association and collective bargaining.  GSP eligibility will be revoked effective six months from today for approximately one-third of Thailand’s GSP trade, which totaled $4.4 billion in 2018.  The list of products to be excluded from GSP for Thailand is focused on products for which the United States is a relatively important market for Thailand, but where Thailand accounts for a relatively small share of U.S. imports.  Additionally, due to longstanding worker rights issues in the seafood and shipping industries, GSP eligibility will be revoked for all seafood products from Thailand.  A full list of the products to be excluded from GSP for Thailand is available here. The GSP market access eligibility review of Thailand will remain open.

Ukraine: In 2012, USTR opened a GSP review of Ukraine in response to a petition from the International Read More →

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/october/ustr-announces-gsp-enforcement

Procedures for Requests To Exclude Particular Products From the August 2019 Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, IP, and Innovation

SUMMARY:

In a notice published on August 20, 2019, the U.S. Trade Representative announced that the Office of the U.S. Trade Representative (USTR) would establish a process by which U.S. stakeholders may request an exclusion from additional duties of particular products classified within a tariff subheading covered by the August 2019 action. This notice announces that USTR will open an electronic portal for submission of exclusion requests on October 31, 2019 for products covered by Annex A of the August 2019 action, and sets out the specific procedures for submitting requests.

DATES:

October 31, 2019 at noon EDT:The web portal for submitting exclusion requests—https://exclusions.USTR.gov—will open. Read More →

https://www.federalregister.gov/documents/2019/10/24/2019-23181/procedures-for-requests-to-exclude-particular-products-from-the-august-2019-action-pursuant-to

Commerce Finds Dumping and Countervailable Subsidization of Imports of Aluminum Wire and Cable from the People’s Republic of China

• On October 22, 2019, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of aluminum wire and cable from the People’s Republic of China (China).

• The AD and CVD laws provide U.S. businesses and workers with a transparent, quasi-judicial, and internationally accepted mechanism to seek relief from the market-distorting effects caused by injurious dumping and subsidization of imports into the United States, establishing an opportunity to compete on a level playing field.

• For the purpose of an AD investigation, dumping occurs when a foreign company sells a product in the United States at less than its fair value. For the purpose of a CVD investigation, a countervailable subsidy is financial assistance from a foreign government that benefits the production of goods from foreign companies and is limited to specific enterprises or industries, or is contingent either upon export performance or upon the use of domestic goods over imported goods.

• Commerce assigned a dumping rate of 63.47 percent, based entirely on adverse facts available, to mandatory respondents Shanghai Silin Special Equipment Co., Ltd. and Hebei Huatong Wires and Cables Group Co., Ltd. The dumping rate for companies granted a separate rate is 58.51 percent. The dumping rate for all other Chinese producers and exporters is 63.47 percent.

• Commerce assigned a subsidy rate of 165.63 percent, based entirely on adverse facts available, to mandatory respondents Shanghai Silin Special Equipment Co., Ltd. and Shanghai Yang Pu Qu Gong. Commerce assigned a subsidy rate of 33.44 percent to mandatory respondent Changfeng Wire & Cable Co., Ltd. The subsidy rate for all other Chinese producers and exporters is 33.44 percent.

• Upon publication of the final affirmative AD determination, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to collect AD cash deposits equal to the applicable final weighted-average dumping rates. These cash deposit requirements will remain in effect until further notice and may be subject to change based on the U.S. International Trade Commission’s (ITC) forthcoming injury determination.

• There are currently no cash deposit requirements related to the CVD investigation. However, this is subject to change based on the ITC’s forthcoming injury determination.

• The petitioners are Encore Wire Corporation (McKinney, TX) and Southwire Company, LLC (Carrollton, GA). Read More →

https://enforcement.trade.gov/download/factsheets/factsheet-prc-aluminum-wire-cable-ad-cvd-final-102219.pdf

Notice of Determination and Action Pursuant to Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute

The U.S. Trade Representative has determined that the European Union (EU) and certain member States have denied U.S. rights under the World Trade Organization (WTO) Agreement and have failed to implement WTO Dispute Settlement Body recommendations concerning certain subsidies to the EU large civil aircraft industry. The U.S. Trade Representative has determined to take action in the form of additional duties on products of certain member States of the EU, as specified in Annex A to this notice. Read More →

https://www.federalregister.gov/documents/2019/10/09/2019-22056/notice-of-determination-and-action-pursuant-to-section-301-enforcement-of-us-wto-rights-in-large

Withdrawal of Bifacial Solar Panels Exclusion to the Solar Products Safeguard Measure

On January 23, 2018, the President imposed a safeguard measure on imports of certain solar products pursuant to a section 201 investigation. On February 14, 2018, the U.S. Trade Representative established procedures for interested persons to request product-specific exclusions from application of the safeguard measure. On June 13, 2019, the U.S. Trade Representative published a notice granting certain requests for exclusions and excluding the products at issue from the safeguard measure's application. In particular, the U.S. Trade Representative excluded bifacial solar panels consisting only of bifacial solar cells. Since publication of that notice, the U.S. Trade Representative has evaluated this exclusion further and, after consultation with the Secretaries of Commerce and Energy, determined it will undermine the objectives of the safeguard measure. Accordingly, the U.S. Trade Representative has modified the Harmonized Tariff Schedule of the United States (HTSUS) to withdraw the exclusion of bifacial solar panels from application of the safeguard measure. The U.S. Trade Representative also has modified the HTSUS to make certain technical changes in connection with the safeguard measure. Read More →

https://www.federalregister.gov/documents/2019/10/09/2019-22074/withdrawal-of-bifacial-solar-panels-exclusion-to-the-solar-products-safeguard-measure

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN WIRELESS COMMUNICATION DEVICES AND RELATED COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communication devices and related 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 Innovation Sciences LLC of Plano, TX, on August 9, 2019.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless communication devices and related components thereof 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 as respondents in this investigation:

Resideo Technologies, Inc., of Austin, TX;
HTC Corporation of Tayouan, Taiwan; and
HTC America, Inc., of Seattle, WA.

By instituting this investigation (337-TA-1180), 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.

https://www.usitc.gov/press_room/news_release/2019/er1011ll1177.htm

Notice of Determination and Action Pursuant to Section 301: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of determinations and action.

SUMMARY:

The U.S. Trade Representative has determined that the European Union (EU) and certain member States have denied U.S. rights under the World Trade Organization (WTO) Agreement and have failed to implement WTO Dispute Settlement Body recommendations concerning certain subsidies to the EU large civil aircraft industry. The U.S. Trade Representative has determined to take action in the form of additional duties on products of certain member States of the EU, as specified in Annex A to this notice.

DATES:

The additional duties set out in Annex A are applicable with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 18, 2019. Read More →

https://www.federalregister.gov/documents/2019/10/09/2019-22056/notice-of-determination-and-action-pursuant-to-section-301-enforcement-of-us-wto-rights-in-large

FACT SHEET: U.S.-Japan Trade Agreement

Under President Trump’s leadership, the United States and Japan have reached agreement on early achievements from negotiations in the areas of market access for certain agriculture and industrial goods, as well as on digital trade. The United States looks forward to further negotiations with Japan for a comprehensive agreement that addresses remaining tariff and non-tariff barriers and achieves fairer, more balanced trade. 

1.  LIBERALIZING MARKET ACCESS BETWEEN THE UNITED STATES AND JAPAN

• The United States and Japan have reached an agreement in which Japan will eliminate or lower tariffs for certain U.S. agricultural products. For other agricultural goods, Japan will provide preferential U.S.-specific quotas.

• Once this agreement is implemented, over 90 percent of U.S. food and agricultural products imported into Japan will either be duty free or receive preferential tariff access. For example, under the agreement, Japan will:

• Reduce tariffs on products such as fresh and frozen beef and pork.

• Provide a country-specific quota for wheat and wheat products.

• Reduce the mark-up on imported U.S. wheat and barley.

• Immediately eliminate tariffs for almonds, walnuts, blueberries, cranberries, sweet corn, grain sorghum, broccoli, and more.

• Provide staged tariff elimination for products such as cheeses, processed pork, poultry, beef offal, ethanol, wine, frozen potatoes, oranges, fresh cherries, egg products, and tomato paste.

• This agreement provides for the limited use of safeguards by Japan for surges in imports of beef, pork, whey, oranges, and race horses, which will be phased out over time.

• When the agreement is implemented by Japan, American farmers and ranchers will have the same advantage as CP-TPP countries selling into the Japanese market.

• The United States will provide tariff elimination or reduction on 42 tariff lines for agricultural imports from Japan valued at $40 million in 2018, including products such as certain perennial plants and cut flowers, persimmons, green tea, chewing gum, and soy sauce.

• The United States will also reduce or eliminate tariffs on certain industrial goods from Japan such as certain machine tools, fasteners, steam turbines, bicycles, bicycle parts, and musical instruments.

2. CONCLUDING A HIGH-STANDARD DIGITAL TRADE AGREEMENT

The United States and Japan have reached a separate agreement on a high-standard and comprehensive set of provisions addressing priority areas of digital trade. These areas include: Read More →

https://ustr.gov/about-us/policy-offices/press-office/fact-sheets/2019/september/fact-sheet-us-japan-trade-agreement

USITC RELEASES REPORT CONCERNING PROPOSED MODIFICATIONS TO THE U.S. GENERALIZED SYSTEM OF PREFERENCES

The U.S. International Trade Commission (USITC) today released a public version of its confidential report on possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2018 Review  (Investigation No. 332-572), was requested by the U.S. Trade Representative (USTR).

The USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on September 9, 2019. The public version released today contains only the unclassified sections, with any business confidential information deleted.

As requested, the USITC provided advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the removal from eligibility of two HTS subheadings for certain GSP countries.

The removals in consideration are:

• 3907.61.00 (Polyethylene terephthalate, having a viscosity number of 78 ml/g or higher) from Pakistan,

• 3907.69.00 (Polyethylene terephthalate, having a viscosity number less than 78 ml/g) from Pakistan.

In addition, the USITC provided advice on whether any industry in the United States is likely to be adversely affected by competitive need limitation waivers for two HTS subheadings for certain GSP countries and advice as to the probable economic effect on total U.S. imports, as well as on consumers, of the requested waivers. The USITC also provided advice as to whether a like or directly competitive article was produced in the United States in any of the preceding three calendar years for these articles. "Competitive need limitations" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP.  Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted.  With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the USITC, as requested, will use the dollar value limit of $185 million. The HTS subheadings in consideration are:

• 3823.11.00 (Stearic acid) from Indonesia,

• 9001.50.00 (Spectacle lenses of materials other than glass, unmounted) from Thailand

Finally, the USITC provided advice as to the probable economic effect on U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the redesignation of three HTS subheadings for certain GSP countries. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0924ll1166.htm

Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusions.

SUMMARY:

Effective July 6, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative's determination included a decision to establish a product exclusion process. The U.S. Trade Representative initiated the exclusion process in July 2018, and stakeholders have submitted requests for the exclusion of specific products. In December 2018, March 2019, April 2019, May 2019, June 2019, and July 2019 the U.S. Trade Representative granted exclusion requests. This notice announces the U.S. Trade Representative's determination to grant additional exclusion requests, as specified in the Annex to this notice. The U.S. Trade Representative will continue to issue decisions on pending requests on a periodic basis.

DATES:

The product exclusions announced in this notice will apply as of the July 6, 2018 effective date of the $34 billion action, and will extend for one year after the publication of this notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. Read More →

https://www.federalregister.gov/documents/2019/09/20/2019-20441/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

Notice of Product Exclusions, Amendment to the Exclusion Process, and Technical Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusions and technical amendments.

SUMMARY:

In September of 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated a product exclusion process in June 2019, and interested persons have submitted requests for the exclusion of specific products. This notice amends the exclusion process by establishing August 7, 2020 as a uniform expiration date for all exclusions granted under the $200 billion action. This notice also announces the U.S. Trade Representative's determination to grant certain exclusion requests, as specified in Annex A. As specified in Annex B, this notice also makes technical amendments to the $200 billion action and to the $300 billion action announced in August 2019.

DATES:

The product exclusions announced in this notice will apply as of the September 24, 2018, effective date of the $200 billion action, to August 7, 2020. The technical amendments in Annex B to the $200 billion and $300 billion actions are effective as of the respective effective date of those actions. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. Read More →

https://www.federalregister.gov/documents/2019/09/20/2019-20442/notice-of-product-exclusions-amendment-to-the-exclusion-process-and-technical-amendments-chinas-acts

Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusions.

SUMMARY:

Effective August 23, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $16 billion as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative's determination included a decision to establish a product exclusion process. The U.S. Trade Representative initiated the exclusion process in September 2018, and stakeholders have submitted requests for the exclusion of specific products. In July 2019, the U.S. Trade Representative granted exclusion requests. This notice announces the U.S. Trade Representative's determination to grant certain exclusion requests, as specified in the Annex to this notice. The U.S. Trade Representative will continue to issue decisions on pending requests on a periodic basis.

DATES:

The product exclusions announced in this notice will apply as of the August 23, 2018 effective date of the $16 billion action, and will extend for one year after the publication of this notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.

FOR FURTHER INFORMATION CONTACT:

For general questions about this notice, contact Assistant General Counsels Philip Butler or Megan Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395-5725. For specific questions on customs classification or implementation of the product exclusions identified in the Annex to this notice, contact traderemedy@cbp.dhs.gov. Read More →

https://www.federalregister.gov/documents/2019/09/20/2019-20440/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

APHIS Adds Hong Kong to the List of Regions Affected by African Swine Fever

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) added Hong Kong to the list of regions affected by African swine fever (ASF). On May 12, 2019, the Hong Kong veterinary authorities reported an ASF occurrence to the World Organization of Animal Health (OIE). In response to that report, APHIS added Hong Kong to the list of regions affected with ASF on July 15, 2019. Pork and pork products, including casings, are now subject to import restrictions.

ASF is a highly contagious disease of wild and domestic pigs that can spread quickly in swine populations. A list of regions where ASF exists can be found on the APHIS website here.

https://www.aphis.usda.gov/aphis/newsroom/federal-register-posts/sa_by_date/sa-2019/asf-hong-kong

Notice of Product Exclusions, Amendment to the Exclusion Process, and Technical Amendments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusions and technical amendments.

SUMMARY:

In September of 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated a product exclusion process in June 2019, and interested persons have submitted requests for the exclusion of specific products. This notice amends the exclusion process by establishing August 7, 2020 as a uniform expiration date for all exclusions granted under the $200 billion action. This notice also announces the U.S. Trade Representative's determination to grant certain exclusion requests, as specified in Annex A. As specified in Annex B, this notice also makes technical amendments to the $200 billion action and to the $300 billion action announced in August 2019.

DATES:

The product exclusions announced in this notice will apply as of the September 24, 2018, effective date of the $200 billion action, to August 7, 2020. The technical amendments in Annex B to the $200 billion and $300 billion actions are effective as of the respective effective date of those actions. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. Read More →

https://www.federalregister.gov/documents/2019/09/20/2019-20442/notice-of-product-exclusions-amendment-to-the-exclusion-process-and-technical-amendments-chinas-acts