COLLATED STEEL STAPLES 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 collated steel staples 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 Jason E. Kearns, Vice Chairman Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.

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

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

The Commission’s public report Collated Steel Staples from China (Inv. No. 701-TA-626 and 731-TA-1452 (Final), USITC Publication 5085, July 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by August 3, 2020; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

Read More →

https://www.usitc.gov/press_room/news_release/2020/er0623ll1579.htm

U.S. DEPARTMENT OF COMMERCE INITIATES ANTIDUMPING DUTY AND COUNTERVAILING DUTY INVESTIGATIONS OF IMPORTS OF PASSENGER VEHICLE AND LIGHT TRUCK TIRES FROM

THE REPUBLIC OF KOREA, TAIWAN, THAILAND, AND THE SOCIALIST REPUBLIC OF VIETNAM

WASHINGTON – Today, the U.S. Department of Commerce announced the initiation of new antidumping (AD) and countervailing duty (CVD) investigations to determine whether passenger vehicle and light truck (PVLT) tires from the Republic of Korea (Korea), Taiwan, Thailand, and the Socialist Republic of Vietnam (Vietnam) are being dumped in the United States, and to determine if producers in Vietnam are receiving unfair subsidies.

The petitions were filed by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (Pittsburgh).

In the AD investigations, Commerce will determine whether imports of PVLT tires from Korea, Taiwan, Thailand, and Vietnam are being dumped in the U.S. market at less than fair value. The alleged dumping margins are as follows:

  • 42.95 – 195.20 percent for Korea

  • 20.57 – 116.14 percent for Taiwan

  • 106.36 – 217.50 percent for Thailand

  • 5.48 – 22.30 percent for Vietnam

In the CVD investigation for Vietnam, Commerce will determine whether Vietnam producers of PVLT tires are receiving unfair government subsidies. Commerce will investigate 20 subsidy programs, including tax programs, government provision of goods for less than adequate remuneration, import substitution subsidies, grants, government provided loans and Vietnam’s allegedly undervalued currency. This is the first time that Commerce has ever initiated an investigation of alleged currency subsidies in relation to a foreign currency with a single exchange rate.

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized imports of PVLT tires from Korea, Taiwan, Thailand, and Vietnam materially injure, or threaten material injury to, the U.S. industry, Commerce will impose duties on those imports in the amount of dumping and/or unfair subsidization found to exist.

The 2019 imports of PVLT tires from the countries under investigation were approximately valued as follows: 

  • $1.17 billion for Korea 

  • $373.0 million for Taiwan

  • $1.96 billion for Thailand

  • $469.6 million for Vietnam

Read the fact sheet on today’s decisions.

Next Steps:
During Commerce’s investigations, the ITC will conduct its own investigations into whether the U.S. industry and its workforce are being injured by such imports. The ITC will make its preliminary determinations by July 17. If the ITC preliminarily determines that there is reasonable indication of material injury or threat of material injury, then Commerce’s investigations will continue, with the preliminary CVD determination scheduled for August 26, and preliminary AD determinations scheduled for November 9, unless these deadlines are extended.

Read More →

https://www.trade.gov/press-release/us-department-commerce-initiates-antidumping-duty-and-countervailing-duty-7

U.S. DEPARTMENT OF LABOR ISSUES INTERIM FINAL RULE TO IMPLEMENT PROVISIONS OF THE UNITED STATES-MEXICO-CANADA AGREEMENT

Promotes higher wages, better jobs for U.S. auto industry

WASHINGTON, DC – The U.S. Department of Labor today announced an interim final rule providing regulations necessary to implement and administer the high-wage components of the Labor Value Content (LVC) requirements set forth in the United States-Mexico-Canada Agreement (USMCA) and the treaty’s implementing statute. The rule provides needed guidance to producers of motor vehicles covered by the USMCA, describing criteria they must meet to qualify for preferential tariff claims under the treaty.

The LVC requirements promote more high-wage jobs for the U.S. automobile and auto parts industry by requiring that, to qualify for preferential tariff claims under the treaty, manufacturers must produce a significant portion of certain motor vehicles using high-wage labor. Among other requirements, the treaty requires that for a passenger vehicle, light truck or heavy truck to be eligible for preferential tariff treatment, a minimum percentage of the cost of the vehicle must be made at a facility that pays an average hourly base rate of at least $16 per hour.

“Through the USMCA, the United States is establishing more balanced, reciprocal trade that supports high-paying jobs for Americans and grows the North American economy,” said Secretary of Labor Eugene Scalia. “The USMCA recognizes that international trade, investment and economic growth are promoted through the protection and enforcement of labor rights and the improvement of working conditions. This is a significant win for the workforce in the American auto industry, and helps level the playing field for U.S. manufacturers.”

To qualify for preferential tariff treatment, a producer must file a certification with U.S. Customs and Border Protection (CBP) demonstrating that its production of covered vehicles meets the high-wage components of the LVC requirements. WHD, in conjunction with CBP, will review those certifications.

“The Wage and Hour Division is proud to support this new law through our role in the certification and verification process,” said Wage and Hour Division Administrator Cheryl Stanton. “The interim final rule we published today ensures that manufacturers and other stakeholders understand the specific requirements and procedures for claiming preferential tariff treatment, and it provides transparency into the process.”

The interim final rule is effective July 1, 2020 and is available for review and public comment for 60 days. The Department encourages interested parties to submit comments. The interim final rule, along with the procedures for submitting comments, can be found at the Wage and Hour Division’s interim final rule website.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of America’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child-labor requirements of the FLSA. WHD also enforces the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration-related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency

Wage and Hour Division

Date

June 29, 2020

Release Number

20-1318-NAT

Contact: Emily Weeks

Phone Number

202-693-4676

Email

weeks.emily.c@dol.gov

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https://www.dol.gov/newsroom/releases/whd/whd20200629-1

Coronavirus (COVID-19) Update: Joint Statement from USDA and FDA on Food Export Restrictions Pertaining to COVID-19

For Immediate Release: June 24, 2020

Statement From:Commissioner of Food and Drugs - Food and Drug AdministrationStephen M. Hahn M.D.

Today, U.S. Secretary of Agriculture Sonny Perdue and FDA Commissioner Stephen M. Hahn, M.D., issued the following statement regarding food export restrictions pertaining to COVID-19:

“The United States understands the concerns of consumers here domestically and around the world who want to know that producers, processors and regulators are taking every necessary precaution to prioritize food safety especially during these challenging times. However, efforts by some countries to restrict global food exports related to COVID-19 transmission are not consistent with the known science of transmission.”

“There is no evidence that people can contract COVID-19 from food or from food packaging. The U.S. food safety system, overseen by our agencies, is the global leader in ensuring the safety of our food products, including product for export.”

Background:

The U.S. Centers for Disease Control and Prevention (CDC), in conjunction with the U.S. Occupational Safety and Health Administration (OSHA), has issued guidance for manufacturing facilities, including food facilities, specific to controlling the spread of COVID-19 between workers. But the COVID-19 guidelines from CDC and OSHA are separate and distinct from the food safety requirements that all U.S. facilities must follow to ensure food safety.

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

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https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-joint-statement-usda-and-fda-food-export-restrictions-pertaining-covid

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 →

https://www.federalregister.gov/documents/2020/06/12/2020-12734/rescission-of-the-october-2019-withdrawal-of-the-bifacial-solar-panels-exclusion-from-the-safeguard

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.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/SA_By_Date/SA-2020/SA-06/china-pet-food-exports

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

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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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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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/may/ustr-statement-response-decision-disallowing-action-protect-domestic-solar-industry

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 →

https://www.federalregister.gov/documents/2020/05/28/2020-11426/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer