Utility Scale Wind Towers From Canada, Indonesia, the Republic of Korea, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations

DATES:

Applicable December 3, 2019.

FOR FURTHER INFORMATION CONTACT:

Michael J. Heaney at (202) 482-4475 (Canada); Brittany Bauer at (202) 482-3860 (Indonesia); Rebecca Janz at (202) 482-2972 (Republic of Korea (Korea)); and Joshua DeMoss at (202) 482-3362 (Socialist Republic of Vietnam (Vietnam)); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

On July 29, 2019, the U.S. Department of Commerce (Commerce) initiated less-than-fair-value (LFTV) investigations of imports of utility scale wind towers from Canada, Indonesia, Korea, and Vietnam.[1] Currently, the preliminary determinations are due no later than December 16, 2019.

Postponement of Preliminary Determinations

Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Pursuant to 19 CFR 351.205(e), the petitioner must submit a request to postpone 25 days or more before the scheduled date of the preliminary determination and must state the reasons for postponement. Commerce will grant the request unless it finds compelling reasons to deny the request. See 19 CFR 351.205(e).

On November 19, 2019, the petitioner [2]submitted timely requests that Commerce postpone the preliminary determinations in these LTFV investigations.[3]The petitioner stated that the purpose of its requests is to provide Commerce with adequate time to solicit information from the respondents and to allow Commerce sufficient time to analyze the respondents' questionnaire responses.[4]In accordance with19 CFR 351.205(e), there are no compelling reasons to deny the request. Therefore, in accordance with section 733(c)(1)(A) of the Act and19 CFR 351.205(e), we are postponing the preliminary determinations in these LTFV investigations by 50 days (i.e.,190 days after the date on which these investigations were initiated). Accordingly, Commerce is postponing the deadline for the preliminary determinations to February 4, 2020. Pursuant to section 735(a)(1) of the Act and19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed. More →

https://www.federalregister.gov/documents/2019/12/03/2019-26139/utility-scale-wind-towers-from-canada-indonesia-the-republic-of-korea-and-the-socialist-republic-of

Certain Steel Threaded Rod From the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order

SUMMARY:

The Department of Commerce (Commerce) finds that revocation of the antidumping duty order on certain steel threaded rod (steel threaded rod) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Sunset Reviews” section of this notice.

DATES:

Applicable November 29, 2019.

FOR FURTHER INFORMATION CONTACT:

Benito Ballesteros, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-7425.

SUPPLEMENTARY INFORMATION:

Background

On July 1, 2019, Commerce published the Notice of Initiation of the five-year review of the antidumping duty order on steel threaded rod from China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).[1] On July 9, 2019, Commerce received a Notice of Intent to Participate in this review from Vulcan Threaded Products, Inc. (the petitioner), within the deadline specified in 19 CFR 351.218(d)(1)(i). The petitioner claimed interested party status under section 771(9)(C) of the Act, as a manufacturer of a domestic like product in the United States. On July 31, 2019, the petitioner provided a complete substantive response for this review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from any other interested parties, nor was a hearing requested. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the order.

Scope of the Order

The merchandise covered by the order is steel threaded rod. For a full Start Printed Page 65781 description of the scope, see the Issues and Decision Memorandum.[2]

Analysis of Comments Received

All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the orders were revoked, are addressed in the accompanying Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/​frn/​. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. More →

https://www.federalregister.gov/documents/2019/11/29/2019-25888/certain-steel-threaded-rod-from-the-peoples-republic-of-china-final-results-of-the-expedited-sunset

Certain Hardwood Plywood Products From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The Department of Commerce (Commerce) determines that certain plywood products with face and back veneers of radiata and/or agathis pine that: (1) Have a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label certifying that it is compliant with TSCA/CARB requirements; and (2) are made with a resin, the majority of which is comprised of one or more of three product types (urea formaldehyde, polyvinyl acetate, and/or soy), exported from the People's Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain hardwood plywood products from China.

DATES:

Effective Date: Applicable November 29, 2019.

FOR FURTHER INFORMATION CONTACT:

Rachel Greenberg or Nicolas Mayora, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0652 or (202) 482-3053, respectively.

SUPPLEMENTARY INFORMATION:

Background

Commerce published thePreliminary Determination on June 11, 2019.[1]A summary of the events that occurred since Commerce published thePreliminary Determination may be found in the Issues and Decision Memorandum.[2] More →

https://www.federalregister.gov/documents/2019/11/29/2019-25889/certain-hardwood-plywood-products-from-the-peoples-republic-of-china-affirmative-final-determination

RESULTS OF THE 2019 ANNUAL GENERALIZED SYSTEM OF PREFERENCES REVIEW

SUMMARY:

The Office of the United States Trade Representative (USTR) is announcing the results of the 2019 annual Generalized System of Preferences (GSP) review with respect to: Products considered for removal from the list of eligible products for certain beneficiary countries; decisions related to competitive need limitations (CNLs), including petitions for waivers of CNLs; and requests to reinstate/redesignate products previously excluded from GSP eligibility for certain countries.

FOR FURTHER INFORMATION CONTACT:

Claudia Chlebek, Director for GSP at (202) 395-2974 or claudia.m.chlebek@ustr.eop.gov.

SUPPLEMENTARY INFORMATION:

A. Background

The GSP program provides for the duty-free treatment of designated articles when imported from beneficiary developing countries. The GSP program is authorized by Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), as amended, and is implemented in accordance with Executive Order 11888 of November 24, 1975, as modified by subsequent Executive Orders and Presidential Proclamations.

Each year, USTR leads the interagency Trade Policy Staff Committee (TPSC) in reviewing the list of products eligible for GSP benefits and, after completing this process, which includes public hearings, provides recommendations to the President on appropriate actions based on statutory criteria, including exclusions from duty-free treatment of products from certain countries when they have reached the statutory CNL thresholds. More →

https://www.federalregister.gov/documents/2019/11/20/2019-25095/results-of-the-2019-annual-generalized-system-of-preferences-review

UNITED STATES AND SOUTH KOREA REACH AGREEMENT ON GUARANTEED MARKET ACCESS FOR AMERICAN RICE

Washington, DC –  United States Trade Representative Robert Lighthizer and U.S. Secretary of Agriculture Sonny Perdue are pleased to announce that the Trump Administration has reached an agreement with the government of South Korea on market access for U.S. rice.

Under the agreement, Korea will provide access for 132,304 tons of U.S. rice annually, with an annual value of approximately $110 million.  Korea also agreed to important disciplines to ensure transparency and predictability around the tendering and auctioning for U.S. rice.

“Thanks to President Trump’s leadership, this agreement gives our farmers the largest volume of guaranteed market access for rice in Korea that the United States has ever enjoyed,” said Ambassador Lighthizer.  “It will prove enormously beneficial for American producers and their customers in Korea, who will enjoy access to high quality and cost competitive U.S. rice.”

Secretary Perdue said, “Today’s announcement is another great testament of President Trump’s determination to expand export opportunities for America’s farmers and ranchers. Exports are critical for the economic health of the U.S. rice industry, with half our crop being exported every year. Agreements like this, that expand opportunities for U.S. rice producers in important markets, are critical to introduce foreign customers to the bounty of goods produced by America’s farmers.”

Background:

In 2014, the United States, Australia, China, Thailand, and Vietnam entered into negotiations with Korea when its special treatment for rice market access under the World Trade Organization (WTO) expired.  As a result of these negotiations, Korea agreed to include in its WTO Schedule a 408,700-ton tariff-rate quota for rice imports with a five percent in-quota duty and a 513-percent above-quota duty.  Of that 408,700 tons, Korea will allocate 388,700 tons of rice into country-specific quotas under a Plurilateral Agreement with the United States, Australia, China, Thailand and Vietnam.  The remaining 20,000 tons will be administered on a global basis, which U.S. suppliers can also bid for. More →

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/november/united-states-and-south-korea

REFILLABLE STAINLESS STEEL KEGS FROM CHINA AND GERMANY RETARD U.S. INDUSTRY, SAYS USITC

he United States International Trade Commission (USITC) today determined that the establishment of a U.S. industry is materially retarded by reason of imports of refillable stainless steel kegs from China and Germany that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative.  Commissioners Randolph J. Stayin and Amy A. Karpel did not participate in these votes.

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from China and Germany and a countervailing duty order on imports of this product from China.

The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from China.  As a result, imports of refillable stainless steel kegs from China will not be subject to retroactive antidumping and countervailing duties. 

The Commission’s public report Refillable Stainless Steel Kegs from China and Germany (Inv. Nos. 701-TA-610 and 731-TA-1425-1426 (Final), USITC Publication 5002, December 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available by December 30, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. More →

https://www.usitc.gov/press_room/news_release/2019/er1122ll1196.htm

FRESH TOMATOES FROM MEXICO THREATEN U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is threatened with material injury by reason of imports of fresh tomatoes from Mexico that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.  Chairman David S. Johanson did not participate in this vote.

As a result of the USITC’s affirmative determination, the suspension agreement that Commerce previously entered concerning fresh tomatoes from Mexico will remain in effect. 

The Commission’s public report Fresh Tomatoes from Mexico (Inv. No. 731-TA-747 (Final), USITC Publication 5003, December 2019) will contain the views of the Commission and information developed during the investigation.

The report will be available by December 30, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. More →

https://www.usitc.gov/press_room/news_release/2019/er1122ll1197.htm

GSP: NOTICE REGARDING THE HEARING FOR COUNTRY PRACTICE REVIEWS OF AZERBAIJAN, ECUADOR, GEORGIA, INDONESIA, KAZAKHSTAN, THAILAND, SOUTH AFRICA, & UZBEKISTAN & COUNTRY DESIGNATION OF LAOS

SUMMARY:

The Office of the United States Trade Representative (USTR) is announcing a hearing for the GSP country practice reviews of Azerbaijan, Ecuador, Georgia, Indonesia, Kazakhstan, Thailand, South Africa, and Uzbekistan, and the country designation review of Laos. These reviews will focus on whether: (1) Azerbaijan, Georgia, Kazakhstan, and Uzbekistan are meeting the GSP eligibility criterion requiring that a GSP beneficiary country afford workers in that country internationally recognized worker rights; (2) Ecuador is meeting the GSP eligibility criterion requiring a GSP beneficiary country to act in good faith in recognizing as binding or in enforcing applicable arbitral awards; (3) Indonesia and South Africa are meeting the GSP eligibility criterion requiring adequate and effective protection of intellectual property rights; (4) Indonesia and Thailand are meeting the GSP eligibility criterion requiring a GSP beneficiary country to provide equitable and reasonable access to its markets and basic commodity resources; and (5) Laos meets all of the GSP eligibility criteria and should be newly designated as a GSP beneficiary country. This notice includes the schedule for submission of public comments and a public hearing.

DATES:

January 17, 2020 at 11:59 p.m. EST: Deadline for submission of comments, pre-hearing briefs, and requests to appear at the January 30, 2020, public hearing. More →

https://ustr.gov/sites/default/files/FRN-2019_GSP_Country_Review-19_Nov_2019.pdf

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

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 announces the U.S. Trade Representative's determination to grant certain exclusion requests, as specified in the Annex to this notice.

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.

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. More →

https://www.federalregister.gov/documents/2019/11/13/2019-24623/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

CHINA INCREASES ATA CARNET ACCEPTANCE TO SPORTING GOODS

China has announced it will begin accepting ATA Carnets for the temporary admission of goods for sport purposes as of 1 January 2020. The expansion has been made under national law, according to a notification from the General Administration of Customs of China and the World Customs Organization (WCO).

China has announced it will begin accepting ATA Carnets for the temporary admission of goods for sport purposes as of 1 January 2020. The expansion has been made under national law, according to a notification from the General Administration of Customs of China and the World Customs Organization (WCO).

The ATA Carnet, often referred to as the “Passport for Goods”, is an international customs document that permits the tax- and duty-free temporary export and import of goods for up to one year. The document is currently accepted in 78 Customs territories and is administered by the International Chamber of Commerce’s (ICC) World Chambers Federation.

Commenting on the announcement, ICC’s World ATA Carnet Council (WATAC) Chair Ruedi Bolliger said: “We are glad to see China’s expansion of ATA Carnets. This development comes at an opportune time, as they will host the Winter Olympics in 2022. The country’s acceptance of ATA carnets will be much appreciated by athletes and all entities involved in sports business.”

China implemented the ATA Carnet system in 1998, starting with goods for exhibitions and fairs. Previous expansion was in January 2019, allowing for professional equipment and commercial samples to enter Asia’s largest country. In furthering coverage of the international custom documention, small- and medium-sized enterprises can benefit more widely in cross-border trade.

ATA carnets are issued at a national level with Customs’ duties and taxes temporarily exempted guaranteed by a national guaranteeing association (NGA) affiliated to ICC’s global guaranteeing chain. ICC and NGAs act together to balance the needs of the private and public sectors. In an effort to make business work for everyone, every day, everywhere, the business institution representing 45 million companies is working to bring ATA Carnets into the digital world.

ICC Global Membership and Services Director Julian Kassum added: “As the international organisation administering the global ATA Carnet Guaranteeing Chain, ICC is proud that ATA Carnets are accepted in more and more markets—and that existing contracting parties are expanding their scopes of application. Together with Customs authorities and our global network, we will continue to promote this great trade facilitation tool around the world.” More →

https://iccwbo.org/media-wall/news-speeches/china-increases-ata-carnet-acceptance-to-sporting-goods/

REFILLABLE STAINLESS STEEL KEGS FROM CHINA AND GERMANY RETARD U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that the establishment of a U.S. industry is materially retarded by reason of imports of refillable stainless steel kegs from China and Germany that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative.  Commissioners Randolph J. Stayin and Amy A. Karpel did not participate in these votes.

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from China and Germany and a countervailing duty order on imports of this product from China.

The Commission also made a negative finding concerning critical circumstances with regard to imports of this product from China.  As a result, imports of refillable stainless steel kegs from China will not be subject to retroactive antidumping and countervailing duties. 

The Commission’s public report Refillable Stainless Steel Kegs from China and Germany (Inv. Nos. 701-TA-610 and 731-TA-1425-1426 (Final), USITC Publication 5002, December 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available by December 30, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. More →

https://www.usitc.gov/press_room/news_release/2019/er1122ll1196.htm

FRESH TOMATOES FROM MEXICO THREATEN U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is threatened with material injury by reason of imports of fresh tomatoes from Mexico that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.  Chairman David S. Johanson did not participate in this vote.

As a result of the USITC’s affirmative determination, the suspension agreement that Commerce previously entered concerning fresh tomatoes from Mexico will remain in effect. 

The Commission’s public report Fresh Tomatoes from Mexico (Inv. No. 731-TA-747 (Final), USITC Publication 5003, December 2019) will contain the views of the Commission and information developed during the investigation.

The report will be available by December 30, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. More →

https://www.usitc.gov/press_room/news_release/2019/er1122ll1197.htm

U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION NOVEMBER 2019 TRADE BULLETIN

Tuesday, November 5, 2019

Highlights of This Month’s Edition

• Bilateral trade: U.S. goods deficit with China reached $96 billion in Q3 2019, down 16.9 percent year-on-year; U.S. agricultural exports surge as China ups purchases; for the first time in the last 15 years, U.S. services exports to China have contracted for three consecutive quarters.

• Bilateral policy issues: On October 11, President Donald Trump announced a preliminary Phase One U.S.-China trade deal, with further details and signing still pending; the U.S. Department of Commerce added eight Chinese technology firms to its Entity List due to the firms’ role in surveillance of ethnic minorities in Xinjiang; pressure on U.S.-based multinationals to censor speech related to Hong Kong protests draws attention from U.S. lawmakers.

• Quarterly review of China’s economy: China’s government reports GDP grew 6.0 percent in Q3 2019—the slowest growth rate ever recorded—amid trade tensions, weak domestic demand, and sluggish investment; softening demand has created downward pressure on prices, further threatening growth and financial stability.

• Policy trends in China’s economy: At Fourth Plenum, the CCP tabled discussion of the economy and maintained focus on Party leadership over all aspects of society; draft implementation regulations for China’s Foreign Investment Law leaves key terms and oversight responsibilities undefined; the World Bank’s annual Doing Business 2020 report finds improvements in China’s business environment based on surveys in two cities; General Secretary Xi endorses blockchain in his first in-depth remarks on the technology; China enacts new Cryptography Law, laying the framework for a state-backed national digital currency. More →

• November 2019 Trade Bulletin

Commerce Preliminarily Finds Dumping of Imports of Ceramic Tile from China

• On November 7, 2019, the Department of Commerce (Commerce) announced its affirmative preliminary determination in the antidumping duty (AD) investigation of imports of ceramic tile from China.

• The AD law provides 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 of imports into the United States, establishing an opportunity to compete on a level playing field.

• For the purpose of AD investigations, dumping occurs when a foreign company sells an imported product in the United States at less than fair value.

• Commerce assigned a preliminary dumping rate of 244.26 for mandatory respondent Belite Ceramics (Anyang) Co., Ltd. Commerce assigned a preliminary dumping rate of 114.49 for mandatory respondent Foshan Sanfi Import & Export Co., Ltd. Commerce calculated a preliminary dumping margin of 178.20 percent for the non-selected respondents eligible for a separate rate, and a preliminary dumping margin of 356.02 percent for the China-wide entity.

• As a result of the preliminary affirmative determination, Commerce will instruct U.S. Customs and Border Protection (CBP) to require cash deposits from ceramic tile from China based on these preliminary rates.

• The petitioner is the Coalition for Fair Trade in Ceramic Tile. The members of the Coalition for Fair Trade in Ceramic Tile are American Wonder Porcelain (Lebanon, TN), Crossville, Inc. (Crossville, TN), Dal-Tile Corporation (Dallas, TX), Del Conca USA, Inc. (Loudon, TN), Florida Tile, Inc. (Lexington, KY), Florim USA (Clarksville, TN), Landmark Ceramics (Mount Pleasant, TN), and StonePeak Ceramics (Chicago, IL).

• The scope of this investigation is listed in Appendix I.

• In 2018, imports of ceramic tile from China were valued at an estimated $481.3 million.

• The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. Please refer to case number A-570-108. More →

https://enforcement.trade.gov/download/factsheets/factsheet-prc-ceramic-tile-ad-prelim-110719.pdf

VERTICAL METAL FILE CABINETS FROM CHINA INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of vertical metal file cabinets from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

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

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China. 

The Commission’s public report Vertical Metal File Cabinets from China (Inv. Nos. 701-TA-623 and 731-TA-1462 (Final), USITC Publication 4995, December 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available by December 30, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Vertical Metal File Cabinets from China
Investigation Nos. 701-TA-623 and 731-TA-1449 (Final)

Product Description:  Vertical metal file cabinets (VMFCs) are freestanding units of carbon and/or alloy steel and/or other metals, being 25 inches or less in width, and containing at least two extendable file drawers that are tall enough to store hanging files for either letter- or legal-sized sized documents. Surfaces of VMFCs can be painted, galvanized, or coated for corrosion protection or aesthetic appearance. Additional features can include: (1) one or more extendable non-file-sized (e.g., box or pencil) drawers; (2) a non-extendable (e.g., a cubby) storage area; or (3) mobility elements (e.g., casters, wheels, or a dolly). The subject merchandise can be imported either fully assembled or unassembled as a ready-to-assemble kit. Excluded from the scope of these investigations are: (1) lateral metal file cabinets, with a width exceeding 25 inches that is greater than the body depth; (2) pedestal file cabinets, with body depths that are greater than or equal to their width, are less than 31 inches tall, and are designed to be either freestanding or attached to or hung beneath a desktop or other work surface; and (3) fire-proof or fire-resistant file cabinets.

Status of Proceedings:

1.   Type of investigations:  Final-phase countervailing duty and antidumping investigations.
2.   Petitioners:  Hirsh Industries LLC, Des Moines, Iowa.
3.   USITC Institution Date:  Tuesday, April 30, 2019.
4.   USITC Hearing Date:  Tuesday, October 8, 2019.
5.   USITC Vote Date:  Friday, November 8, 2019.
6.   USITC Notification to Commerce Date:  Tuesday, December 9, 2019. More →

https://www.usitc.gov/press_room/news_release/2019/er1108ll1188.htm

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