Rescission of the October 2019 Withdrawal of the Bifacial Solar Panels Exclusion From the Safeguard Measure on Solar Products
AGENCY:
Office of the United States Trade Representative.
ACTION:
Notice.
SUMMARY:
The U.S. Trade Representative is expressly rescinding the withdrawal, issued in October 2019 (the October Withdrawal), of the exclusion of bifacial solar panels from application of the safeguard measure on imports of certain solar products pursuant to a Section 201 investigation. The October Withdrawal is superseded by the withdrawal determination made by the U.S. Trade Representative in April 2020 that the bifacial solar panel exclusion is undermining the objectives of the safeguard measure (the April Withdrawal).
DATES:
Rescission of the October Withdrawal is effective June 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Victor Mroczka, Office of WTO and Multilateral Affairs, at vmroczka@ustr.eop.gov or (202) 395-9450, or Dax Terrill, Office of General Counsel, at Dax.Terrill@ustr.eop.gov or (202) 395-4739.
SUPPLEMENTARY INFORMATION:
A. Background
On January 23, 2018, the President issued Proclamation 9693 (83 FR 3541) to impose a safeguard measure under section 201 of the Trade Act of 1974 (19 U.S.C. 2251) with respect to certain crystalline silicon photovoltaic (CSPV) cells and other products (CSPV products) containing these cells. The Proclamation directed the U.S. Trade Representative to establish procedures for interested persons to request product-specific exclusions from the safeguard measure. He did so in February 2018. See 83 FR 6670. The Proclamation also authorized the U.S. Trade Representative, after consultation with the Secretaries of Commerce and Energy, to exclude products upon publication of a notice in the Federal Register modifying the Harmonized Tariff Schedule of the United States (HTSUS).
Pursuant to the exclusion process, the U.S. Trade Representative excluded certain bifacial solar panels from application of the safeguard measure in June 2019. See 84 FR 27684. In October 2019 (84 FR 54244), after evaluating newly available information and consultations with the Secretaries of Commerce and Energy, the U.S. Trade Representative withdrew the exclusion because it would undermine the objectives of the safeguard measure. This withdrawal was challenged by Invenergy, Inc. in the U.S. Court of International Trade. In response, the U.S. Trade Representative sought comments on whether to maintain, withdraw, or take some other action concerning the exclusion of bifacial solar panels from the safeguard measure. See 85 FR 4756. Read More →
USITC LAUNCHES INVESTIGATION OF THE ECONOMIC IMPACT ON THE UNITED STATES OF ALL TRADE AGREEMENTS
he U.S. International Trade Commission (USITC) has initiated an investigation of the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984.
The investigation, Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Report, is required by section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.
As required by the statute, the USITC, an independent, nonpartisan, factfinding federal agency, will submit its report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance by June 29, 2021.
The report is the second of two required by the statute. In addition to updating information provided in the first report, the second report will cover the new United States-Mexico-Canada Agreement (USMCA) and update and add new modeling and other information. The Commission submitted its first report on June 29, 2016.
The Commission’s report will cover the Uruguay Round Agreements; the North American Free Trade Agreement and its successor, the USMCA; and U.S. free trade agreements (FTAs) with Australia, Bahrain, Canada, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore.
The USITC is seeking input for the investigation from all interested parties. The USITC will hold a public hearing in connection with the investigation on October 6, 2020. See below for important information regarding the format and location of this USITC hearing.
Requests to appear at the hearing should be filed no later than 5:15 p.m. on September 21, 2020, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. See below for important information regarding filing a request to appear at a USITC hearing.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted no later than 5:15 p.m. on November 6, 2020. All written submissions, except for confidential business information, will be available for public inspection. See below for important information regarding the filing of written submissions for USITC investigations. Read More →
https://www.usitc.gov/press_room/news_release/2020/er0611ll1575.htm
USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING LIGHTWEIGHT THERMAL PAPER FROM CHINA
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of lightweight thermal paper 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 determinations, the existing antidumping and countervailing duty orders on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph 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 Lightweight Thermal Paper from China (Inv. Nos. 701-TA-451 and 731-TA-1126 (Second Review), USITC Publication 5070, June 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by July 14, 2020; 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.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Lightweight Thermal Paper from China were instituted on December 2, 2019.
On March 6, 2020, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
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https://www.usitc.gov/press_room/news_release/2020/er0611ll1574.htm
USDA Announces Agreement to Allow New Ingredients in Pet Food Exports to China
Contacts:
Mike Stepien, 301-851-4107
Mike.Stepien@usda.gov
The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is announcing a protocol that will allow the use of U.S.-origin bovine ingredients and most imported ingredients in pet food being exported to China. The U.S. and China signed the pet food protocol on April 13, and the certification requirements were finalized May 21, with an implementation date set for June 15, 2020. There will be a two-month transition period to ensure companies currently exporting pet foods can comply with the new requirements.
APHIS will post the requirements on the APHIS International Regulations webpage to ensure manufacturers understand the conditions they need to meet in order to ship using the new ingredients (imported ingredients and/or ruminant ingredients). Facilities will have to meet China’s Ministry of Agriculture and Rural Affairs requirements for product registration, and companies will be able to export only after all of these details are complete.
This action is part of the continuing progress to implement the U.S.-China Phase One Economic and Trade Agreement. The agreement entered into force on February 14, 2020, and this action builds upon measures that were previously announced on February 25, March 10, March 24, and May 21.
USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ROLLED-EDGE RIGID PLASTIC FOOD TRAYS
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain rolled-edge rigid plastic food trays. 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 Clearly Clean Products, LLC, of South Windsor, CT, and Converter Manufacturing, LLC, of Orwigsburg, PA, on May 18, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain rolled-edge rigid plastic food trays 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:
Eco Food Pak (USA), Inc., of Chino, CA; and
Ningbo Linhua Plastic Co., Ltd., of Xiwu, Fenghua, China.
By instituting this investigation (337-TA-1203), 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/2020/er0619ll1578.htm
On April 24, 2020, the Trump administration notified Congress that the U.S.-Mexico-Canada Agreement (USMCA) will take effect on July 1, 2020
USTR Initiates Section 301 Investigations of Digital Services Taxes
06/02/2020
Washington, DC - The United States Trade Representative announced today that his office is beginning investigations into digital services taxes that have been adopted or are being considered by a number of our trading partners. The investigations will be conducted under Section 301 of the 1974 Trade Act. This provision gives the USTR broad authority to investigate and respond to a foreign country's action which may be unfair or discriminatory and negatively affect U.S. Commerce. A Federal Register notice is being issued today providing details of the investigations as well as information on how members of the public can provide their views through written submissions.
"President Trump is concerned that many of our trading partners are adopting tax schemes designed to unfairly target our companies," said USTR Robert Lighthizer. "We are prepared to take all appropriate action to defend our businesses and workers against any such discrimination."
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U.S. - MEXICO - CANADA AGREEMENT (USMCA) UNIFORM REGULATIONS FOR RULES OF ORIGIN AND ORIGIN PROCEDURES
USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CALCIUM HYPOCHLORITE FROM CHINA
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of calcium hypochlorite 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 determinations, the existing antidumping and countervailing duty orders on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. Commissioner Jason E. Kearns did not participate in these reviews.
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 Calcium Hypochlorite from China (Inv. Nos. 701-TA-510 and 731-TA-1245 (Review), USITC Publication 5065, June 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by July 8, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. Read More →
https://www.usitc.gov/press_room/news_release/2020/er0605ll1567.htm
USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING LIGHTWEIGHT THERMAL PAPER FROM CHINA
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of lightweight thermal paper 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 determinations, the existing antidumping and countervailing duty orders on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph 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 Lightweight Thermal Paper from China (Inv. Nos. 701-TA-451 and 731-TA-1126 (Second Review), USITC Publication 5070, June 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by July 14, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. Read More →
https://www.usitc.gov/press_room/news_release/2020/er0611ll1574.htm
USMCA IS IMMINENT
The United States–Mexico–Canada Agreement (USMCA) officially replaces the North American Free Trade Agreement (NAFTA) on July 1, 2020. This is almost two years after the tri-national negotiations wrapped up on September 30, 2018. In outlining USMCA’s “entry into force,” the United States Trade Representative (USTR) looked forward to a “more balanced, reciprocal trade, leading to freer markets, fairer trade, and robust economic growth in North America.” Statements like these certainly show that trade blocs are much more about politics than economics. The tell-tale is to look for the contradictions. For example, freer markets and fairer trade is a very tough balance to strike. Why? The former simply requires removing trade barriers while the latter is in the eye of the beholder. One is objective and the other is subjective. Read More →
https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-04711.pdf
Modernization of the Customs Brokers Regulations
U.S. Customs and Border Protection
19 CFR Parts 24 and 111 [Docket No. USCBP-2020-0009]
RIN 1651-AB16
Modernization of the Customs Brokers Regulations
AGENCIES: U.S. Customs and Border Protection, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations by modernizing the customs brokers regulations to coincide with the development of CBP trade initiatives including, the Automated Commercial Environment (ACE) and the Centers of Excellence and Expertise (Centers). Specifically, CBP proposes to transition all brokers to national permits and to eliminate broker districts and district permits. CBP is also proposing, among other changes, to update the responsible supervision and control oversight framework, ensure that customs business is conducted within the United States, and require that the customs broker have direct communication with the importer. Additionally, CBP proposes to raise the broker license application fees to recover some of the costs associated with reviewing the customs broker license application and conducting the necessary vetting for individuals and business entities (i.e., corporations, partnerships, and associations). The Department of the Treasury retains authority over CBP regulations relating to customs revenue in accordance with the Homeland Security Act of 2002. Accordingly, CBP is publishing a concurrent notice of proposed rulemaking to eliminate all references to customs broker district permit fees (See “Removal of References to Customs Broker District Permit Fee” RIN 1515-AE43). Read More →
https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-04711.pdf
USTR Statement in Response to Decision Disallowing Action to Protect Domestic Solar Industry
05/27/2020
Washington, DC - Two years ago, President Trump took action to protect our solar industry by placing “safeguard” restrictions on imports of solar panels from China and other foreign producers that had been found by the International Trade Commission to harm domestic producers. Although USTR initially allowed an exception for bifacial solar panels, USTR took action to eliminate the bifacial exception after finding that it had caused a significant increase in imported panels. The ITC issued a report that also found that the exclusion had caused a spike in imports, thereby undermining the objective of the action, and potentially costing the United States many jobs. Today, Judge Katzmann of the Court of International Trade blocked USTR from closing the bifacial panel exception. USTR strongly disagrees with Judge Katzmann’s analysis. The solar industry and the jobs it represents are important to this country, and USTR will take all necessary and appropriate steps to ensure that its safeguard relief is effective.
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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:
In September 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, and corrects technical errors in previously announced exclusions.
DATES:
The product exclusions announced in this notice will apply as of September 24, 2018, the effective date of the $200 billion action, and extend to August 7, 2020. The amendments announced in this notice are retroactive to the date that the original exclusions were published.
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 →
USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CALCIUM HYPOCHLORITE FROM CHINA
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of calcium hypochlorite 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 determinations, the existing antidumping and countervailing duty orders on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. Commissioner Jason E. Kearns did not participate in these reviews.
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 Calcium Hypochlorite from China (Inv. Nos. 701-TA-510 and 731-TA-1245 (Review), USITC Publication 5065, June 2020) will contain the views of the Commission and information developed during the reviews.
The report will be available by July 8, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. Read More →
https://www.usitc.gov/press_room/news_release/2020/er0605ll1567.htm
U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY ANTIDUMPING DUTY DETERMINATIONS ON FORGED STEEL FITTINGS FROM INDIA AND KOREA
WASHINGTON – Today, the U.S. Department of Commerce announced affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of forged steel fittings from India and Korea.
Commerce preliminarily determined that exporters from India and Korea have dumped forged steel fittings in the United States at margins ranging from zero percent to 293.40 percent, and 27.19 percent to 198.38 percent, respectively.
As a result of today’s decisions, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of forged steel fittings from India and Korea based on the preliminary rates noted above.
The petitioners are Bonney Forge Corporation (Mount Union, Pa.) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.
Commerce is scheduled to announce its final determinations in these cases on or about October 12.
If Commerce’s final determinations are affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about November 23. If Commerce makes affirmative final determinations of dumping and the ITC makes an affirmative final injury determination, Commerce will issue AD orders. If Commerce makes a negative final determination of dumping or the ITC makes a negative final determination of injury, the investigation will be terminated and no orders will be issued.
In 2018, imports of forged steel fittings from India and Korea were valued at an estimated $92.6 million and $67.6 million, respectively.
Read the fact sheet for today’s decisions.
The strict enforcement of U.S. trade law is a primary focus of the Trump administration. Since the beginning of the current administration, Commerce has initiated 254 new AD and countervailing duty (CVD) investigations – a 234 percent increase from the comparable period in the previous administration.
The antidumping duty law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. Commerce currently maintains 525 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.
Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties.
Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that abides by international rules and is based solely on facts submitted to the public record.
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USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING PRESTRESSED CONCRETE STEEL WIRE STRAND FROM ARGENTINA, COLOMBIA, EGYPT, INDONESIA, ITALY, MALAYSIA, NETHERLANDS, SAUDI ARABIA, SPAIN,
TAIWAN, TUNISIA, TURKEY, UKRAINE, AND UNITED ARAB EMIRATES
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of prestressed concrete steel wire strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates that are allegedly sold in the United States at less than fair value and subsidized by the government of Turkey.
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 Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates, with its preliminary countervailing duty determination due on or about July 10, 2020, and its antidumping duty determinations due on or about September 23, 2020.
The Commission’s public report Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates (Inv. Nos. 701-TA-646 and 731-TA-1502-1516 (Preliminary), USITC Publication 5062, June 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after June 29, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. Read More →
https://www.usitc.gov/press_room/news_release/2020/er0529ll1565.htm
PROBABLE ECONOMIC EFFECT OF PROVIDING DUTY-FREE TREATMENT FOR CURRENTLY DUTIABLE IMPORTS FROM KENYA WILL BE FOCUS OF NEW USITC INVESTIGATION
The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation into the probable economic effect of providing duty-free treatment for currently dutiable imports from Kenya.
The investigation, U.S.-Kenya Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-free Treatment for Currently Dutiable Imports, was requested by the U.S. Trade Representative (USTR) in a letter received on March 17, 2020.
As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of currently dutiable products from Kenya on industries in the United States producing like or directly competitive products and on consumers. In preparing its advice, the USITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States (HTSUS) for which U.S. tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization. The advice will be based on the HTSUS in effect during 2020 and trade data for the year 2019.
In addition, as requested, the USITC will prepare an assessment of the probable economic effects of eliminating tariffs on imports from Kenya of certain agricultural products on U.S. industries producing the products concerned and on the U.S. economy as a whole. A list of the agriculture products is attached to the USTR’s request letter.
The USITC expects to submit its report, which will be confidential, to the USTR by September 16, 2020.
The USITC is seeking input for the investigation from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation on July 7, 2020. Because COVID-19 mitigation measures are in effect, the public hearing will be held via Go to Meeting.
Information about how to participate in the hearing will be posted on the Commission’s website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm). Requests to appear at the hearing should be filed no later than 5:15 p.m. on June 10, 2020, with the Secretary,
U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. See below for important information regarding filing a request to appear at a USITC hearing.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on July 14, 2020. All written submissions, except for confidential business information, will be available for public inspection. See below for important information regarding the filing of written submissions for USITC investigations.
IMPORTANT: All filings, including requests to appear at the hearing and written submissions, must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov), or consult the Commission’s Handbook on Filing Procedures.
Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notice of investigation, dated May 26, 2020, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or commissionhearings@usitc.gov.
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https://www.usitc.gov/press_room/news_release/2020/er0526ll1562.htm
USDA and USTR Announce Continued Progress on Implementation of U.S.-China Phase One Agreement
WASHINGTON, DC – The U.S. Department of Agriculture (USDA) and the Office of the U.S. Trade Representative (USTR) today announced additional progress in the implementation of the agriculture-related provisions of the U.S.-China Phase One Economic and Trade Agreement (The Agreement), which entered into force on February 14, 2020. Recent actions described below build upon the actions announced by USDA and USTR on February 25, March 10, and March 24. These are difficult times for both our countries. It is important that we each continue to work to make our agreement a success. Because of this continued progress due to the Agreement:
U.S. blueberries and California Hass avocados can now be exported to China. This new market access will provide California avocado growers and blueberry growers from around the United States with new opportunities to market their products to Chinese consumers in the coming years. In 2019, China imported a record volume of fresh fruits and vegetables exceeding $8.6 billion.
U.S. barley for processing, along with the forage products Timothy hay, alfalfa hay pellets and cubes, and almond meal pellets and cubes can now be exported to China. In 2019, China imported $1.5 billion of barley used as feed and for malt beverage production, and a record $500 million of forage products.
In recent weeks, China updated its lists of U.S. facilities eligible to export beef, pork, poultry, seafood, dairy, and infant formula products to China. China’s lists now include 499 beef, 457 pork, 470 poultry, 397 seafood, and 253 dairy and 9 infant formula facilities. As a result of these actions, more U.S. facilities are eligible to export U.S. food and agricultural products to China than ever before. USDA’s Food Safety and Inspection Service continues to update its export library, which provides additional guidance for U.S. meat and poultry meat exporters, including information related to the scope of products that may be exported to China, China’s labeling requirements, and other guidance.
China published on May 15 a new domestic standard for dairy permeate powder for human consumption that will allow imports of this product from the United States in the future. In 2019, China imported nearly $12 billion of dairy products from around the world.
China continues to implement its tariff exclusion process in an attempt to facilitate imports of U.S. commodities. USDA continues to publish guidance for U.S. exporters seeking to participate in this process (USDA Global Agricultural Information Network). USTR is continuing to process and where appropriate grant exclusions of products from China. USDA also is implementing its obligations under the agreement.
Secretary of Agriculture Sonny Perdue said, “China is a market of tremendous potential for U.S. agriculture and these actions will help U.S. exporters expand their sales there. We look forward to continued cooperative work with China on implementation of Phase One commitments, and immediate increases in U.S. exports of all manner of agricultural products.”
United States Trade Representative Robert Lighthizer said, “China has worked with the United States to implement measures that will provide greater access for U.S. producers and exporters to China’s growing food and agricultural markets. Under President Trump’s leadership, we fully expect this agreement to be a success.”
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