Notice of Product Exclusion Extensions: 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 exclusion extensions.

SUMMARY:

Effective September 24, 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 the exclusion process on June 24, 2019, and has granted 15 sets of exclusions under the $200 billion action. These exclusions will expire on August 7, 2020. On May 6, 2020 and June 3, 2020, the U.S. Trade Representative established a processes for the public to comment on whether to extend particular exclusions granted under the $200 billion action for up to 12 months. This notice announces the U.S. Trade Representative's determination to extend certain exclusions through December 31, 2020.

DATES:

The product exclusion extensions announced in this notice will apply as of August 7, 2020, and extend through December 31, 2020. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.

FOR FURTHER INFORMATION CONTACT:

For general questions about this notice, contact Associate General Counsel Philip Butler or Assistant General Counsel Benjamin Allen, 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/2020/08/11/2020-17509/notice-of-product-exclusion-extensions-chinas-acts-policies-and-practices-related-to-technology

U.S. DEPARTMENT OF COMMERCE INITIATES ANTIDUMPING DUTY AND COUNTERVAILING DUTY INVESTIGATIONS OF IMPORTS OF CERTAIN METAL LOCKERS AND PARTS THEREOF FROM CHINA

WASHINGTON – Today, the U.S. Department of Commerce announced the initiation of new antidumping (AD) and countervailing duty (CVD) investigations to determine whether certain metal lockers and parts thereof (metal lockers) from China are being dumped in the United States, and to determine if producers are receiving unfair subsidies.

The petitions were filed by List Industries, Inc. (Deerfield Beach, Fla.), Lyon LLC (Montgomery, Ill.), Penco Products, Inc. (Greenville, N.C.), and Tennsco LLC (Dickson, Tenn.).

In the AD investigation, Commerce will determine whether imports of metal lockers from China are being dumped in the U.S. market at less-than-fair value. The alleged dumping margins range from 245.96 to 322.25 percent.

In the CVD investigation, Commerce will determine whether Chinese producers of metal lockers are receiving unfair government subsidies. Commerce will investigate 24 subsidy programs, including renumeration programs, preferential lending programs, export programs, tax programs, and grant programs. 

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized U.S. imports of metal lockers from China 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 petitioners estimated that the value of imports of metal lockers from China in 2018 was $64 million. Read More →

https://www.trade.gov/press-release/us-department-commerce-initiates-antidumping-duty-and-countervailing-duty-10

U.S. DEPARTMENT OF COMMERCE INITIATES ANTIDUMPING AND COUNTERVAILING DUTY INVESTIGATIONS OF SEAMLESS CARBON AND ALLOY STEEL STANDARD, LINE, AND PRESSURE PIPE FROM...

THE CZECH REPUBLIC (AD), RUSSIA (AD/CVD), SOUTH KOREA (AD/CVD), AND UKRAINE (AD)

WASHINGTON – Today, the U.S. Department of Commerce announced the initiation of new antidumping (AD) investigations on imports of seamless carbon and alloy steel standard, line, and pressure pipe (seamless pipe) from the Czech Republic, Russia, South Korea (Korea), and Ukraine, and countervailing duty (CVD) investigations for these products from Russia and Korea.

The petitions were filed by Vallourec Star, LP (Houston, Texas). 

In the AD investigations, Commerce will determine whether imports of seamless pipe from the Czech Republic, Russia, Korea, and Ukraine are being dumped in the U.S. market at less-than-fair value. The alleged dumping margins range from 50.45 to 51.70 percent, 41.07 to 273.47 percent, 114.80 to 131.31 percent, and 42.38 to 42.88 percent for the Czech Republic, Russia, Korea, and Ukraine, respectively.

In the Russia and Korea CVD investigations, Commerce will determine whether Russian and Korean producers of subject merchandise are receiving unfair government subsidies. For Russia, Commerce will investigate 11 subsidy programs, including preferential lending, grant programs, and the provision of natural gas for less than adequate remuneration. For Korea, Commerce will investigate 38 subsidy programs, including preferential lending, tax programs, export insurance, grants, and electricity subsidies.

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized U.S. imports of seamless pipe from the Czech Republic, Russia, Korea, and/or Ukraine 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 seamless pipe from the Czech Republic, Russia, Korea, and Ukraine were approximately valued at $37.1 million, $39.5 million, $24.4 million, and $40.6 million respectively. Read More →

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

USITC DELIVERS FINAL REPORT ON MISCELLANEOUS TARIFF BILL PETITIONS TO CONGRESSIONAL COMMITTEES

The U.S. International Trade Commission (USITC or Commission) today submitted to Congressional committees its final report on miscellaneous tariff bill petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).

The Commission submitted the report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance for their use in developing a miscellaneous tariff bill for Congressional consideration, as required by the AMCA.

The Commission’s final report and other background information can be found on the USITC website at https://www.usitc.gov/trade_tariffs/mtb_program_information.

In the report, the Commission categorizes petitions as either (a) petitions that meet the requirements of the Act with or without modification (Category I, II, III, or IV petitions), (b) petitions that do not contain the information required by the Act or for which the Commission determined that the petitioner was not a likely beneficiary (Category V petitions), or (c) petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill (Category VI petitions).

The Commission’s final report provides recommendations on 3,442 petitions.  The largest product categories were chemicals, accounting for 1,839 petitions; machinery and equipment, accounting for 715 petitions; and textiles, apparel and footwear, accounting for 581 petitions.  Of the 3,442 petitions, the Commission assigned 2,695 to Categories I through IV, 42 to Category V, and 705 to Category VI.

Background:  The USITC has now completed the second of two miscellaneous tariff bill petition cycles mandated by the AMCA.  Under the process, petitioners who could demonstrate that they are likely beneficiaries of a suspension or reduction of duties submitted petitions to the USITC between October 11, 2019, and December 10, 2019.  The USITC accepted public comments on the petitions between January 10, 2020, and February 24, 2020.  The USITC then evaluated the petitions to determine whether they met certain statutory requirements and submitted a preliminary report on the petitions received to the Committees, on June 9, 2020.  The USITC subsequently accepted additional, limited public comments on Category VI petitions from June 12, 2020, through June 22, 2020.  The submission of today’s report marks the completion of the second and final petition cycle required by the law.

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https://www.usitc.gov/press_room/news_release/2020/er0810ll1622.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRONIC DEVICES, INCLUDING COMPUTERS, TABLET COMPUTERS, AND COMPONENTS AND MODULES THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices, including computers, tablet computers, and components and modules thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Nokia Technologies Oy and Nokia Corporation, both of Espoo, Finland, on July 2, 2020.  The complaint was supplemented on July 17, 20, and 22, 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 electronic devices, including computers, tablet computers, and components and modules thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following as respondents in this investigation:

Lenovo (United States), Inc., of Morrisville, NC;
Lenovo Group Limited of Quarry Bay, Hong Kong;
Lenovo (Beijing) Limited of Beijing, China;
Lenovo (Shanghai) Electronics Technology Co. Ltd. of Shanghai, China;
Lenovo PC HK Limited of Quarry Bay, Hong Kong;
Lenovo Information Products Shenzhen Co. Ltd. of Shenzhen, China;
Lenovo Mobile Communication of Wuhan, China;
Lenovo Corporation of Wujiang, China; and
Lenovo Centro Tecnologico S. de RL CV of Nuevo Leon, Mexico.

By instituting this investigation (337-TA-1208), 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/er0804ll1617.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN MOVABLE BARRIER OPERATOR SYSTEMS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain movable barrier operator systems and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Overhead Door Corporation of Lewisville, TX, and GMI Holdings Inc. of Mount Hope, OH, on July 6, 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 movable barrier operator systems and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified The Chamberlain Group, Inc., of Oak Brook, IL, as the respondent in this investigation.

By instituting this investigation (337-TA-1209), 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/er0804ll1618.htm

Notice of Product Exclusion Extensions: 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 exclusion extensions.

SUMMARY:

Effective August 23, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $16 billion as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The U.S. Trade Representative initiated the exclusion process in September 2018 and, to date, has granted three sets of exclusions under the $16 billion action. The first set of exclusions was published in July 2019 and will expire in July 2020. On April 30, 2020, the U.S. Trade Representative established a process for the public to comment on whether to extend particular exclusions granted in July 2019 for up to 12 months. This notice announces the U.S. Trade Representative's determination to extend certain exclusions through December 31, 2020.

DATES:

The product exclusion extensions announced in this notice will apply as of July 31, 2020, and extend through December 31, 2020. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.

FOR FURTHER INFORMATION CONTACT:

For general questions about this notice, contact Assistant General Counsels Philip Butler or Benjamin Allen, 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/2020/07/30/2020-16529/notice-of-product-exclusion-extensions-chinas-acts-policies-and-practices-related-to-technology

U.S. DEPARTMENT OF COMMERCE INITIATES ANTIDUMPING AND COUNTERVAILING DUTY INVESTIGATIONS OF SEAMLESS CARBON AND ALLOY STEEL STANDARD, LINE, AND PRESSURE PIPE FROM THE CZECH REPUBLIC (AD),

RUSSIA (AD/CVD), SOUTH KOREA (AD/CVD), AND UKRAINE (AD)

For Immediate Release
July 29, 2020
Contact: ITA Office of Public Affairs 
Phone: 202-482-3809

WASHINGTON – Today, the U.S. Department of Commerce announced the initiation of new antidumping (AD) investigations on imports of seamless carbon and alloy steel standard, line, and pressure pipe (seamless pipe) from the Czech Republic, Russia, South Korea (Korea), and Ukraine, and countervailing duty (CVD) investigations for these products from Russia and Korea.

The petitions were filed by Vallourec Star, LP (Houston, Texas). 

In the AD investigations, Commerce will determine whether imports of seamless pipe from the Czech Republic, Russia, Korea, and Ukraine are being dumped in the U.S. market at less-than-fair value. The alleged dumping margins range from 50.45 to 51.70 percent, 41.07 to 273.47 percent, 114.80 to 131.31 percent, and 42.38 to 42.88 percent for the Czech Republic, Russia, Korea, and Ukraine, respectively.

In the Russia and Korea CVD investigations, Commerce will determine whether Russian and Korean producers of subject merchandise are receiving unfair government subsidies. For Russia, Commerce will investigate 11 subsidy programs, including preferential lending, grant programs, and the provision of natural gas for less than adequate remuneration. For Korea, Commerce will investigate 38 subsidy programs, including preferential lending, tax programs, export insurance, grants, and electricity subsidies.

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized U.S. imports of seamless pipe from the Czech Republic, Russia, Korea, and/or Ukraine 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 seamless pipe from the Czech Republic, Russia, Korea, and Ukraine were approximately valued at $37.1 million, $39.5 million, $24.4 million, and $40.6 million respectively. Read More →

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

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN PRE-FILLED SYRINGES FOR INTRAVITREAL INJECTION AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pre-filled syringes for intravitreal injection and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Novartis Pharma AG of Basel, Switzerland, and Novartis Pharmaceuticals Corporation and Novartis Technology LLC, both of East Hanover, NJ, on June 19, 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 pre-filled syringes for intravitreal injection and components thereof that infringe a patent asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and a desist order. 

The USITC has identified Regeneron Pharmaceuticals, Inc., as the respondent in this investigation.

By instituting this investigation (337-TA-1207), 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/er0721ll1609.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN PERCUSSIVE MASSAGE DEVICES

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain percussive massage devices. 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 Hyper Ice, Inc., of Irvine, CA, on June 17, 2020. A supplement was filed June 29, 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 percussive massage devices that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Addaday LLC of Santa Monica, CA;

Performance Health Systems, LLC, of Northbrook, IL;

WODFitters of Lorton, VA;

Massimo Motor Sports, LLC, of Garland, TX;

Kinghood International Logistics Inc. of La Mirada, CA;

Manybo Ecommerce Ltd. of Hong Kong;

Shenzhen Let Us Win-Win Technology Co., Ltd., of Shenzhen, Guangdong Province, China;

Shenzhen Infein Technology Co., Ltd., of Shenzhen, Guangdong, China;

Hong Kong Yongxu Capital Management Co., Ltd., of Wanchai, Hong Kong, China;

Laiwushiyu Xinuan Trading Company, Laiwu, Shandong District, China;

Shenzhen QingYueTang E-commerce Co., Ltd., of Shenzhen, Guangdong, China;

Shenzhen Shiluo Trading Co., Ltd., of Shenzhen, Guangdong, China;

Kula eCommerce Co., Ltd., of Huizhou, Guangdong, China;

Fu Si of Shenzhen, Guangdong, China;

Shenzhen Qifeng Technology Co., Ltd., of Shenzhen, Guangdong, China;

Rechar, Inc., of Strasburg, CO;

Ning Chen of Yancheng, Jiangsu, China;

Opove of Azusa, CA; and

Shenzhen Shufang E-Commerce Co., Ltd., of Shenzhen, China.

By instituting this investigation (337-TA-1206), 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/er0717ll1608.htm

U.S. DEPARTMENT OF COMMERCE INITIATES ANTIDUMPING DUTY AND COUNTERVAILING DUTY INVESTIGATIONS OF IMPORTS OF TWIST TIES FROM CHINA

WASHINGTON – Today, the U.S. Department of Commerce announced the initiation of new antidumping (AD) and countervailing duty (CVD) investigations to determine whether twist ties from China are being dumped in the United States, and to determine if producers are receiving unfair subsidies.

The petitions were filed by Bedford Industries, Inc. (Worthington, Minn.).

In the AD investigation, Commerce will determine whether imports of twist ties from China are being dumped in the U.S. market at less-than-fair value. The alleged dumping margin is 72.96 percent.

In the CVD investigation, Commerce will determine whether Chinese producers of twist ties are receiving unfair government subsidies. Commerce will investigate 15 subsidy programs, including tax programs, government provision of goods for less than adequate remuneration, grants, government provided loans, and China’s allegedly undervalued currency. This is the second petition alleging currency undervaluation that Commerce has received since February 2020, when Commerce published a rule for addressing such claims in coordination with the Treasury Department.   

U.S. law provides that Commerce shall initiate an AD or CVD investigation if the petition alleges the elements necessary for the imposition of the duty, is accompanied by information reasonably available to the petitioner supporting those allegations, and is adequately supported by the domestic industry. After initiation, Commerce investigates and evaluates the claims in the petition based on evidence and arguments submitted to Commerce.

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized U.S. imports of twist ties from China 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 petitioner estimated the value of twist ties imported from China in 2019 at $4.15 million.

Read the fact sheet on today’s decision. Read More →

https://www.trade.gov/press-release/us-department-commerce-initiates-antidumping-duty-and-countervailing-duty-8

USITC REQUESTS $2.75 MILLION CONTINUING RESOLUTION ANOMALY TO IMPLEMENT THE USMCA

The U.S. International Trade Commission (USITC) sent a letter to Congressional appropriators today, July 15, 2020, seeking a $2.75 million increase to its FY 2020 funding level for the implementation of the United States-Mexico-Canada Agreement (USMCA), if Congress enacts a continuing budget resolution for FY 2021. The USMCA, which entered into force on July 1, 2020, requires the Commission to investigate whether the U.S. long-haul trucking industry is materially harmed by an increase in cross-border trucking services provided by Mexican suppliers.

View the letter: https://usitc.gov/press_room/documents/usitc_cr_anomaly_request_2020_signed.pdf

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https://www.usitc.gov/press_room/news_release/2020/er0715ll1607.htm

Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty

AGENCY:

Enforcement and Compliance, International Trade Administration Department of Commerce.

DATES:

Applicable July 17, 2020.

FOR FURTHER INFORMATION CONTACT:

Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230, telephone: (202) 482-3692.

SUPPLEMENTARY INFORMATION:

On May 4, 2020, the Department of Commerce (Commerce), pursuant to section 702(h) of the Trade Agreements Act of 1979 (as amended) (the Act), published the quarterly update to the annual listing of foreign government subsidies on articles of cheese subject to an in-quota rate of duty covering the period October 1, 2019 through December 31, 2019.[1] In the Fourth Quarter 2019 Update, we requested that any party that has information on foreign government subsidy programs that benefit articles of cheese subject to an in-quote rate of duty submit such information to Commerce.[2] We received no comments, information, or requests for consultation from any party.

Pursuant to section 702(h) of the Act, we hereby provide Commerce's update of subsidies on articles of cheese that were imported during the period January 1, 2020, through March 31, 2020. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. Read More →

https://www.federalregister.gov/documents/2020/07/17/2020-15474/quarterly-update-to-annual-listing-of-foreign-government-subsidies-on-articles-of-cheese-subject-to

CBP Extends Closure of Trusted Traveler Programs Enrollment Centers to September 8

WASHINGTON — U.S. Customs and Border Protection (CBP) announced today that Trusted Traveler Programs enrollment centers will remain closed until at least September 8, 2020 to ensure the health and safety of program applicants and CBP personnel during the COVID-19 pandemic.

The decision was made in consultation with CBP health and safety experts who continue to monitor the increase in COVID-19 cases across the United States. CBP’s highest priority is to ensure the health, safety and security of the American people.

Trusted Traveler Programs applicants who scheduled interviews at enrollment centers on or before September 7 must reschedule their appointments. To reschedule, applicants should log into their Trusted Traveler Programs account on or after September 8 and use the online scheduling tool.

In order to minimize the impact of the enrollment centers closure on Trusted Traveler Programs applicants, CBP further extended the period of time that applicants have to complete the enrollment process. Every applicant now has 545 days from the date that CBP conditionally approves his or her application to complete the enrollment process. In addition, CBP will extend for up to 18 months the program benefits of members who apply for renewal before their current membership expires.

CBP’s Enrollment on Arrival program remains operational. This program is the best option for conditionally approved Global Entry applicants to complete the enrollment process without pre-scheduling an interview at an enrollment center.

Trusted Traveler Programs support CBP’s mission of securing U.S. borders while facilitating lawful travel and trade. These innovative programs allow more than nine million pre-approved, low-risk travelers to bypass traditional CBP inspection lines and receive expedited processing when entering the United States.

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https://www.cbp.gov/newsroom/national-media-release/cbp-extends-closure-trusted-traveler-programs-enrollment-centers

Yachts Made in China

The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 import tariffs for one additional List 3 product from China (imports from China with an annual trade value of $200 billion):

• Motorboats with displacement hulls of reinforced fiberglass and wood, each motorboat measuring not less than 14.47 m and not more than 36.57 m in length and weighing not less than 28 t and not more than 363 t, powered by inboard engines, other than inboard/outdrive (described in statistical reporting number 8903.92.0065).

The exclusion will apply from September 24, 2018, through August 7, 2020. The exclusion is governed by the scope of the HTS heading and the product description appearing in the annex of the exclusion notice; it is not governed by the product description set out in any particular exclusion request. U.S. Customs and Border Protection will soon issue instructions on entry guidance and implementation. The USTR will continue to issue determinations on pending requests on a periodic basis. Please contact us to discuss whether we can assist in determining if your product might fit within one of these exclusions.

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING WALK-BEHIND LAWN MOWERS FROM CHINA AND VIETNAM

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 walk-behind lawn mowers from China and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the government of China. 

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, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from China and Vietnam, with its preliminary countervailing duty determination due on or about August 19, 2020, and its antidumping duty determinations due on or about November 2, 2020. 

The Commission’s public report Walk-Behind Lawn Mowers from China and Vietnam (Inv. Nos. 701-TA-648 and 731-TA-1521-1522 (Preliminary), USITC Publication 5091, July 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after August 7, 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/er0709ll1605.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING OIL COUNTRY TUBULAR GOODS FROM INDIA, KOREA, TURKEY, UKRAINE, AND VIETNAM

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty orders on imports of oil country tubular goods from India and Turkey and the existing antidumping duty orders on imports of these products from India, Korea, Turkey, Ukraine, 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 orders on imports of these products from India, Korea, Turkey, Ukraine, and Vietnam will remain in place. 

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.  

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 Oil Country Tubular Goods from India, Korea, Turkey, Ukraine, and Vietnam (Inv. Nos. 701-TA-499-500 and 731-TA-1215-1216 and 1221-1223 (Review), USITC Publication 5090, July 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by August 19, 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/er0708ll1604.htm

U.S. DEPARTMENT OF COMMERCE FINDS DUMPING AND COUNTERVAILABLE SUBSIDIZATION OF IMPORTS OF UTILITY SCALE WIND TOWERS FROM CANADA, INDONESIA, SOUTH KOREA, AND VIETNAM

For Immediate Release
June 30, 2020
Contact: ITA Office of Public Affairs 
Phone: 202-482-3809

WASHINGTON – Today, the U.S. Department of Commerce (Commerce) announced affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of utility scale wind towers from Canada, Indonesia, South Korea (AD only), and Vietnam.

Commerce determined that producers and/or exporters from Canada, Indonesia, South Korea, and Vietnam have sold utility scale wind towers at less than fair value in the United States at rates of 4.94 percent for Canada, 8.53 percent for Indonesia, 5.41 percent for South Korea, and 65.96 percent for Vietnam.

In addition, Commerce determined that producers and/or exporters from Canada, Indonesia, and Vietnam received countervailable subsidies at rates of 1.18 percent for Canada, 5.90 percent for Indonesia, and 2.84 percent for Vietnam.

In 2019, imports of utility scale wind towers from Canada, Indonesia, South Korea, and Vietnam were valued at an estimated $56.6 million, $108.8 million, $78.7 million, and $106.1 million, respectively. 

The petitioner is the Wind Tower Trade Coalition, whose members are Arcosa Wind Towers, Inc. (Dallas), and Broadwind Towers, Inc. (Manitowoc, Wisc.).

The U.S. International Trade Commission (ITC) is currently scheduled to make its final injury determinations on or about August 13. If the ITC makes affirmative final injury determinations, Commerce will issue AD and CVD orders. If the ITC makes negative final injury determinations, the investigations will be terminated, and no orders will be issued.

Read the fact sheet on 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 262 new AD and CVD investigations – a 236 percent increase from the comparable period in the previous administration.

The AD and CVD laws provide 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 529 AD and CVD orders that 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 AD duties. Foreign companies that receive unfair subsidies from their governments, such as grants, loans, equity infusions, tax breaks, or production inputs, are subject to CVD duties aimed at directly countering those subsidies.

The U.S. Department of 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 on factual evidence provided on the record.

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https://www.trade.gov/press-release/us-department-commerce-finds-dumping-and-countervailable-subsidization-imports-0

Coronavirus (COVID-19) Update: Daily Roundup July 10, 2020

For Immediate Release:July 10, 2020

The U.S. Food and Drug Administration today announced the following actions taken in its ongoing response effort to the COVID-19 pandemic:

• The FDA issued a statement in conjunction with preparations to resume domestic inspections, guided by a new a risk-assessment system. The White House Guidelines for Opening Up America Again are providing FDA a roadmap for optimizing operations and new work arrangements, and the Centers for Disease Control and Prevention’s (CDC) guidance is informing efforts related to workplace exposures to COVID-19 in non-healthcare settings. To arm FDA investigators with the most reliable and accurate information, the FDA developed a rating system to assist in determining when and where it is safest to conduct prioritized domestic inspections. The COVID-19 Advisory Rating system (COVID-19 Advisory Level) uses real-time data to qualitatively assess the number of COVID-19 cases in a local area based on state and national data. The Advisory Level data will be made available to state partners who, under contract, conduct inspections of FDA-regulated entities on the agency’s behalf.
  
  At this time, the agency is working toward restarting on-site inspections during the week of July 20. However, resuming these inspections will depend on the data about the virus’ trajectory in a given state and locality and the rules and guidelines established by those state and local governments.

• The agency issued new Emergency Use Authorizations for diagnostic tests developed by:

  • The University of California-San Francisco’s Health Clinical Laboratories-UCSF Clinical Labs at China Basin (for its molecular-based SARS-CoV-2 RNA DETECTR Assay) and

  • BioSewoom, Inc. (for its molecular-based Real-Q 2019-nCoV Detection Kit).

• Testing updates:

  • To date, the FDA has currently authorized 173 tests under EUAs; these include 144 molecular tests, 27 antibody tests, and 2 antigen tests.

• 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-daily-roundup-july-10-2020

U.S. DEPARTMENT OF LABOR READY TO ENFORCE USMCA

WASHINGTON, DC – The U.S.-Mexico-Canada Agreement (USMCA) entered into force today as the U.S. Department of Labor affirmed its commitment to upholding the agreement’s labor provisions.

“President Trump negotiated USMCA for the American worker,” said U.S. Secretary of Labor Eugene Scalia. “USMCA contains some of the strongest labor protections of any trade agreement, and the Department of Labor will faithfully and effectively ensure compliance with those protections.”

To ensure the agreement benefits American workers, the USMCA, unlike NAFTA, brings labor obligations into the core of the agreement and makes them fully enforceable.

The Department’s Bureau of International Labor Affairs (ILAB) has empaneled an Interagency Labor Committee for Monitoring and Enforcement, co-chaired with the Office of the U.S. Trade Representative. Among the many responsibilities of the committee, it will receive and review submissions under the USMCA Labor Chapter and Rapid Response Labor Mechanism, a first-of-its-kind enforcement provision that allows for enforcement actions against individual factories that fail to comply with critical labor provisions.

ILAB also set up a multi-lingual, web-based hotline to receive confidential information about labor issues from interested parties in USMCA countries.

ILAB has worked with the U.S. Department of State to establish three labor attaché positions at the U.S. Embassy in Mexico City. The attachés will coordinate compliance and collaborate with the Mexican government to help ensure that landmark labor legislation passed last year in Mexico is implemented.

ILAB technical assistance has been, and will continue to be, key to ensuring that Mexico lives up to its commitments under the agreement. So far, the Department has invested $32 million in grant funding with plans to invest an additional $180 million over the next four years to non-governmental recipients to support the implementation of the USMCA. The Department anticipates technical assistance projects will build capacity of the Mexican Ministry of Labor to implement the new labor legislation, increase awareness of the new labor law requirements, provide training for workers and employers to improve labor relations and collective bargaining, and engage with civil society organizations to promote acceptable conditions of work. In addition, the Department will focus on worker-focused capacity building and efforts to reduce workplace discrimination, child labor, forced labor and human trafficking. Read More →

https://www.dol.gov/newsroom/releases/ilab/ilab20200701