U.S. Department of Commerce Issues Affirmative Preliminary Antidumping Duty Determinations on Common Alloy Aluminum Sheet From 18 Countries

Today, the U.S. Department of Commerce announced affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of common alloy aluminum sheet (CAAS) from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, South Korea, Spain, Taiwan, and Turkey. This follows recent preliminary affirmative countervailing duty (CVD) determinations for imports of CAAS from Bahrain, Brazil, India, and Turkey. 

“The Department’s aluminum sheet investigations constitute the broadest U.S. trade enforcement action in two decades,” said Secretary of Commerce Wilbur Ross. “We look forward to receiving parties’ comments on the preliminary determinations that aluminum sheet imports from 18 countries have been dumped, and in some cases unfairly subsidized, into the U.S. market.” 

Commerce preliminarily determined that exporters have dumped common alloy aluminum sheet in the United States at the following rates: 

• 4.21 percent for Bahrain 

• 49.48 percent to 136.78 percent for Brazil 

• 3.22 percent for Croatia 

• 10.42 percent for Egypt 

• 51.18 percent to 352.71 percent for Germany 

• 2.72 percent for Greece 

• 0 percent to 47.92 percent for India 

• 32.12 percent for Indonesia 

• 0.00 percent to 29.13 percent for Italy 

• 3.53 percent for Oman 

• 12.51 percent to 83.94 percent for Romania 

• 11.24 percent to 25.84 percent for Serbia 

• 4.80 percent for Slovenia 

• 8.98 percent for South Africa 

• 5.04 percent for South Korea 

• 3.75 percent to 23.32 percent for Spain 

• 18.02 percent for Taiwan 

• 12.71 percent to 12.90 percent for Turkey 

As a result of these decisions, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of common alloy aluminum sheet from the above-named countries based on the preliminary rates noted above.  Read More→

https://www.commerce.gov/news/press-releases/2020/10/us-department-commerce-issues-affirmative-preliminary-antidumping-duty

USTR Requests the International Trade Commission Commence a Section 201 Global Safeguard Investigation for Blueberries

Washington, DC – United States Trade Representative Robert Lighthizer today issued a request to the International Trade Commission (ITC) to initiate a Section 201 global safeguard investigation into the extent to which increased imports of blueberries have caused serious injury or threat thereof to domestic blueberry growers.  This is one of a number of actions announced in the Report on Seasonal and Perishable Products in U.S. Commerce jointly released by USTR, the Department of Agriculture, and the Department of Commerce earlier this month.

“President Trump recognizes the challenges faced by farmers across the country, and today’s action is just one of a number of steps the Administration is taking to support American producers of seasonal and perishable agricultural products,” said U.S. Trade Representative Robert Lighthizer.

USTR’s request includes all imports within the product descriptions under the following statistical reporting categories in the Harmonized Tariff Schedule of the United States: 

• 0810400029 (cultivated blueberries, including highbush, fresh or chilled);

• 0810400026 (certified organic blueberries, fresh or chilled);

• 0810400024 (wild blueberries, fresh or chilled);

• 0811902024 (wild blueberry, uncooked or cooked by steaming or boiling in water, frozen);

• 0811902030 (blueberries, certified organic, cultivated (including highbush), uncooked or cooked by steaming or boiling in water, frozen); and

• 0811902040 (blueberries, cultivated (including highbush), uncooked or cooked by steaming or boiling in water, NESOI, frozen).

The ITC will publish notice of the commencement of this proceeding in the Federal Register and will hold public hearings at which the ITC will afford interested parties and consumers an opportunity to present evidence or otherwise be heard.  Further information regarding the investigation process—including applicable timelines—can be found in 19 U.S. Code § 2252.

The full Report on Seasonal and Perishable Products in U.S. Commerce is available here.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/september/ustr-requests-international-trade-commission-commence-section-201-global-safeguard-investigation

USTR Initiates Vietnam Section 301 Investigation

10/02/2020

Washington, DC – At the direction of President Donald J. Trump, the Office of the U.S. Trade Representative (USTR) is initiating an investigation addressing two significant issues with respect to Vietnam.  USTR will investigate Vietnam’s acts, policies, and practices related to the import and use of timber that is illegally harvested or traded, and will investigate Vietnam’s acts, policies, and practices that may contribute to the undervaluation of its currency and the resultant harm caused to U.S. commerce.  USTR will conduct the investigation under Section 301 of the 1974 Trade Act.  As part of its investigation on currency undervaluation, USTR will consult with the Department of the Treasury as to issues of currency valuation and exchange rate policy.  

United States Trade Representative Robert E. Lighthizer said, “President Trump is firmly committed to combatting unfair trade practices that harm America’s workers, businesses, farmers, and ranchers.  Using illegal timber in wood products exported to the U.S. market harms the environment and is unfair to U.S. workers and businesses who follow the rules by using legally harvested timber.  In addition, unfair currency practices can harm U.S. workers and businesses that compete with Vietnamese products that may be artificially lower-priced because of currency undervaluation.  We will carefully review the results of the investigation and determine what, if any, actions it may be appropriate to take.”  

USTR will issue two separate Federal Register notices next week that will provide details of the investigation and information on how members of the public can provide their views through written submissions.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/october/ustr-initiates-vietnam-section-301-investigation

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRONIC STUD FINDERS, METAL DETECTORS, AND ELECTRICAL SCANNERS

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic stud finders, metal detectors, and electrical scanners.  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 Zircon Corporation of Campbell, CA, on August 31, 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 stud finders, metal detectors, and electrical scanners that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order. 

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

Stanley Black & Decker, Inc., of New Britain, CT; and
Black & Decker (U.S.), Inc., of Towson, MD.

By instituting this investigation (337-TA-1221), 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/er0930ll1652.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING MONOSODIUM GLUTAMATE FROM CHINA AND INDONESIA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of monosodium glutamate from China and Indonesia 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 China and Indonesia will remain in place. 

Chair Jason E. Kearns, Vice Chair 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 Monosodium Glutamate from China and Indonesia (Inv. Nos. 731-TA-1229-1230 (Review), USITC Publication 5127, October 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by November 10, 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 Monosodium Glutamate from China and Indonesia were instituted on October 1, 2019.

On January 6, 2020, the Commission voted to conduct full reviews. With respect to Indonesia, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.  With respect to China, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate but that circumstances warranted a full review.

A record of the Commission’s vote to conduct full 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/er1002ll1653.htm

U.S. DEPARTMENT OF COMMERCE ISSUES FINAL RULING IN ANTI-CIRCUMVENTION INQUIRY REGARDING HYDROFLUOROCARBON BLENDS FROM CHINA

Washington - Today, the U.S. Department of Commerce announced the final determination in the anti-circumvention inquiry involving imports of hydrofluorocarbon (HFC) blends containing HFC components from China (R-404A, R-407A, R-407C, R-410A, R-507A/R-507) that are processed in India. Commerce determined that Chinese components that are blended with Indian components and/or components from other countries, and then exported to the United States, are circumventing the existing antidumping duty (AD) order on imports of HFC blends from China.

As a result of this affirmative final circumvention determination, Commerce will instruct U.S. Customs and Border Protection to continue to collect AD cash deposits on imports of HFC blends containing HFC components from China that are processed in India. These duties apply to any unliquidated entries since June 18, 2019 (the date on which Commerce initiated this circumvention inquiry).

Under U.S. law, circumvention exists when (among other things) merchandise subject to an AD or countervailing duty order is completed or assembled in a third country from parts and components imported from the country subject to the order prior to importation into the United States.
 
This inquiry was initiated in response to allegations of circumvention from the American HFC Coalition.

The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. To date, the Trump Administration has issued 55 preliminary or final affirmative determinations in anti-circumvention inquiries – this is a 162 percent increase from the number of such determinations made during the comparable period in the previous administration. 

The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade law 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-issues-final-ruling-anti-circumvention-inquiry-regarding-0

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRONIC STUD FINDERS, METAL DETECTORS, AND ELECTRICAL SCANNERS

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic stud finders, metal detectors, and electrical scanners.  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 Zircon Corporation of Campbell, CA, on August 31, 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 stud finders, metal detectors, and electrical scanners that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order. 

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

Stanley Black & Decker, Inc., of New Britain, CT; and
Black & Decker (U.S.), Inc., of Towson, MD.

By instituting this investigation (337-TA-1221), 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/er0930ll1652.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN FILAMENT LIGHT-EMITTING DIODES AND PRODUCTS CONTAINING SAME (II)

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain filament light-emitting diodes and products containing same (II).  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 The Regents of the University of California of Oakland, CA, on August 31, 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 filament light-emitting diodes and products containing same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.  

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

General Electric Company of Boston, MA;
Consumer Lighting (U.S.) LLC d/b/a GE Lighting of East Cleveland, OH;
Savant Systems, Inc., of Hyannis, MA;
Home Depot Product Authority, LLC, of Atlanta, GA;
Home Depot U.S.A., Inc., of Atlanta, GA;
The Home Depot, Inc., of Atlanta, GA;
Feit Electric Company, Inc., of Pico Rivera, CA;
Satco Products, Inc., of Brentwood, NY;
IKEA Supply AG of Pratteln, Switzerland;
IKEA U.S. Retail LLC of Conshohocken, PA; and
IKEA of Sweden AB of Almhult, Sweden.

By instituting this investigation (337-TA-1220), 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/er0929ll1651.htm

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

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

The investigation, Generalized System of Preferences: Possible Modifications, 2020 Review, was requested by the U.S. Trade Representative (USTR).

The USITC, an independent, nonpartisan, factfinding federal agency, submitted a confidential version of the report to the USTR on August 31, 2020. The public version released today contains only the unclassified sections, with any business confidential information deleted.

As requested, the USITC provided advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the addition to the list of eligible articles for the purposes of the GSP program of four HTS provisions for all beneficiary developing countries (BDCs).

The additions in consideration are:

• 0603.11.00 (All fresh cut roses),

• 0603.11.0010 (Fresh cut sweetheart roses),

• 0603.11.0030 (Fresh cut spray roses),

• 0603.11.0060 (Fresh cut roses, other than sweetheart and spray roses).

As requested, the USITC provided advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the removal from eligibility for duty-free treatment under the GSP program of six HTS provisions for certain GSP countries.

The removals in consideration are:

• 1006.10.00 (Rice in the husk (paddy or rough)) from least-developed beneficiary developing countries (LDBDCs),

• 1006.20.20 (Basmati rice, husked) from LDBDCs,

• 1006.20.40 (Husked (brown) rice, other than basmati from LDBDCs,

• 1006.30.10 (Rice semi-milled or wholly milled, whether or not polished or glazed, parboiled) from all BDCs,

• 1006.30.90 (Rice semi-milled or wholly milled, whether or not polished or glazed, other than parboiled) from LDBDCs,

• 1006.40.00 (Broken rice) from LDBDCs.

Generalized System of Preferences: Possible Modifications, 2020 Review (Investigation No. 332-578), USITC publication 5118, September 2020) is available on the USITC’s Internet site at https://www.usitc.gov/sites/default/files/publications/332/pub5119.pdf.

USITC general factfinding investigations, such as this one cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

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https://www.usitc.gov/press_room/news_release/2020/er0928ll1650.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING KITCHEN APPLIANCE SHELVING AND RACKS FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of kitchen appliance shelving and racks from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

The Commission found two like products in these reviews: refrigerator shelving and oven racks.  With respect to each, Chair Jason E. Kearns, Vice Chair 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 orders on imports of these products from China will remain in place. 

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 Kitchen Appliance Shelving and Racks from China (Inv. Nos. 701-TA-458 and 731-TA-1154 (Second Review), USITC Publication 5123, September 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by October 21, 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/er0918ll1649.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING STEEL CONCRETE REINFORCING BAR FROM MEXICO AND TURKEY

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of steel concrete reinforcing bar from Mexico and Turkey 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 this product from Mexico and Turkey will remain in place. 

Chair Jason E. Kearns, Vice Chair 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 Steel Concrete Reinforcing Bar from Mexico and Turkey (Inv. Nos. 701-TA-502 and 731-TA-1227 (Review), USITC Publication 5122, October 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by October 28, 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/er0916ll1648.htm

USTR Statement on Canadian Aluminum

09/15/2020

Washington, DC –  After consultations with the Canadian government, the United States has determined that trade in non-alloyed, unwrought aluminum is likely to normalize in the last four months of 2020, with imports declining sharply from the surges experienced earlier in the year.  Average monthly imports are expected to decline 50 percent from the monthly average in the period of January through July.  Accordingly, the United States will modify the terms of the 10 percent tariff imposed in August on imports of Canadian non-alloyed unwrought aluminum. 

The United States expects that shipments of non-alloyed, unwrought aluminum from Canada for the remainder of 2020 will be no greater than the following monthly volumes:
 

September 83,000 tons

October 70,000 tons

November 83,000 tons

December 70,000 tons

Based on these expectations, the United States will resume duty-free treatment of non-alloyed, unwrought aluminum retroactive to September 1, 2020.  Six weeks after the end of any month during this period, the United States will determine whether actual shipments met expectations.  If actual shipments exceeded 105 percent of the expected volume for any month during the four-month period, then the United States will impose the 10 percent tariff retroactively on all shipments made in that month. 

If shipments in any month exceed the expected volume, the United States expects that shipments in the next month will decline by a corresponding amount. 

In addition to the forgoing, if imports exceed 105 percent of the expected volume in any month the United States may re-impose the 10 percent tariff going forward.

The United States will consult with the Canadian government at the end of the year to review the state of the aluminum trade in light of trade patterns during the four-month period and expected market conditions in 2021.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/september/ustr-statement-canadian-aluminum

Despite COVID-19 Risks, Cases of Migrants Crammed in Tractor-Trailers Dangerously Increase

Central American Migrant Testimonial Reveal Smugglers’ Inhumanity

WASHINGTON—Despite the COVID-19 pandemic and implementation of several travel restrictions to prevent the spread of the disease, human smugglers continue to place migrants in harm’s way. Commercial tractor-trailers are the conveyance of choice to smuggle large numbers of people into the United States. Migrants are exposed to these dangers by smugglers who know the life-threatening journey will be in vain given increased border enforcement and partnerships with affected governments. 

In the midst of COVID-19 spread, ruthless human smugglers continue to expose migrants to the deadly virus by forcing them to travel inside crowded trailers, with no ventilation, no water and no food for hours, even days. The tractor-trailer is the final trap of their 1,600 mile treacherous journey from Central America to the United States.

The Border Patrol’s Rio Grande Valley (RGV) and Laredo (LRT) sectors in Texas have traditionally been the hot spot for tractor-trailers loaded with migrants. In fiscal year 2020 through August, these two sectors have seen more than 226 tractor-trailer cases, with 3,740 individuals discovered concealed in these dangerous and life threating conditions. Just for LRT this represents a 37 percent increase from the same period in fiscal year 2019.

“Smugglers are unscrupulous criminals and will stop at nothing to enrich their pockets, even if it involves locking human beings in trailers intended for animals,” said Acting Customs and Border Protection Commissioner Mark A. Morgan. “They treat illegal aliens as a commodity, inhumanely holding them captive in overcrowded stash houses with limited access to food and water.”

In a video testimonial previously released, a young Central American mother, whose identity is protected, describes her frightening experience, “you suffer a lot, and you encounter people that try to sexually abuse you. Sometimes you travel in tractor-trailer boxes unable to breathe. At the end of it all, nothing was like they say it would be.” Read More→

https://www.cbp.gov/newsroom/national-media-release/despite-covid-19-risks-cases-migrants-crammed-tractor-trailers

Commission adopts proposals to make EU-U.S. agreement on tariffs effective

The European Commission today published a proposal for a Council and European Parliament regulation to scrap duties on certain imports to the EU. In return, the United States will reduce its duties on certain EU exports to the U.S. market. This will put into effect the agreement announced by the EU and the U.S. on 21 August 2020. These tariff reductions between the EU and the U.S. will increase access to both EU and U.S. markets by around €200 million per year.

Executive Vice-President Valdis Dombrovskis said: “The EU and the U.S. share the most important economic partnership in the world, with trade in goods and services worth over €1.3 trillion annually. This deal provides both sides with a true win-win outcome, helping us to strengthen our partnership even further. Lowering tariffs on both sides improves access for our exporters and reduces the cost of imported goods. Those are both critically important factors in this time of coronavirus-related economic crisis. From the EU side, we view this agreement as an important step towards improving our relationship and resolving outstanding disputes. We remain eager to deepen transatlantic cooperation wherever possible as we firmly believe that, when it comes to truly global challenges, the chances of achieving successful global outcomes are improved if the European Union and United States work together.”

Once approved in line with the relevant procedures on either side of the Atlantic, the agreement will entail the reduction of U.S. tariffs on EU exports worth some $160 million a year. This includes prepared meals, crystal glassware, surface preparations, propellant powders, lighters and lighter parts. On its side, the EU will eliminate tariffs on imports of U.S. live and frozen lobster products. U.S. exports of these products to the EU are worth some $111 million.

Both sides will eliminate those tariffs on a most-favoured nation (MFN) basis, i.e. for any partner, in line with the existing multilateral commitments. The measures will apply with retroactive effect as of 1 August 2020. Read More→

https://trade.ec.europa.eu/doclib/press/index.cfm?id=2180

U.S. Department of Commerce Announces Draft Amendment to the Suspension Agreement on Uranium from the Russian Federation

Today, the U.S. Department of Commerce (Commerce) and the State Atomic Energy Corporation Rosatom (Rosatom), on behalf of the Government of the Russian Federation, initialed a draft amendment to the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (Agreement), which was originally signed in 1992.  This amendment, if finalized, will extend the Agreement to 2040 and reduce U.S. reliance on uranium from Russia during that time period.

“This draft agreement represents an important step forward for the American nuclear industry,” said Secretary of Commerce Wilbur Ross.  “If finalized, it will contribute to the restoration of America’s nuclear energy advantage and protect the domestic industry from dumped Russian uranium.” 

The draft amendment would:

• Reduce U.S. imports of uranium from Russia. Under the current Agreement, Russian uranium exports are limited to approximately 20% of U.S. enrichment demand. Under the amended Agreement, this figure would drop to an average of approximately 17% over the next 20 years and would be no higher than 15% starting in 2028.

• Strengthen existing protections for the U.S. commercial enrichment industry.  By extending and reducing the Agreement’s export limits, the draft amendment would enable the U.S. commercial enrichment industry to compete on fair terms.

• Establish unprecedented protections for U.S. uranium miners and the U.S. uranium converter. Under the current Agreement, Russia can use its entire export quota for the sale of not only the enrichment component of the low-enriched uranium (LEU), but also the natural uranium concentrates and conversion components of the LEU. By contrast, the amended Agreement would allow only a portion of the export quota to be used for the sale of the natural uranium components (concentrates and conversion) from Russia. On average, this portion will be equivalent to approximately 7% of U.S. enrichment demand, and no higher than 5% starting in 2026.

• Fix “returned feed” provisions in the existing Agreement that prejudice U.S. uranium miners.Under the current Agreement, foreign origin returned feed (i.e., natural uranium delivered by U.S. customers to the Russian exporter, in exchange for enriched uranium) can be delivered to the Russian exporter, enriched in Western Europe, and then exported to the United States outside the Agreement’s export limits. The amended Agreement would require foreign origin returned feed that is enriched in third countries to be subject to the Agreement’s export limits if exported back to the United States.

• Allow for the fulfillment of U.S. customers’ preexisting contracts for Russian uranium. There are U.S. companies that have contracts to purchase uranium from Russia before Commerce launched negotiations to extend the Agreement beyond 2020.  The limits in the agreement are structured to enable the majority of these contracts to be fulfilled.

Commerce is releasing the draft amendment for public comment.  Comments will be due by 5:00 p.m. EDT on September 28, 2020.  The draft amendment is available to registered users at https://access.trade.gov (reference case number A-821-802), and it will also be published in the Federal Register.  Commerce is seeking to finalize an amendment to the Agreement no later than October 5, 2020, which would enable Commerce to avoid possible termination of the Agreement and resumption of the underlying suspended antidumping investigation of uranium from Russia.

Commerce’s Enforcement and Compliance unit in the International Trade Administration, which negotiated today’s amendment to the Agreement, is responsible for vigorously enforcing U.S. trade law and does so through an impartial, transparent process that abides by international rules and is based on factual evidence provided on the record.

BUREAUS AND OFFICES

International Trade Administration

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https://www.commerce.gov/news/press-releases/2020/09/us-department-commerce-announces-draft-amendment-suspension-agreement

APHIS Proposes Animal Welfare Amendments for Research Facilities to Remove Duplicative and Unnecessary Information Requirements

Washington, D.C., September 16, 2020—The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is proposing changes to the Animal Welfare Act (AWA) regulations to reduce the administrative burden for research facilities, while ensuring that research animals continue to receive humane care.  The proposed changes would apply to approximately 1,100 registered facilities that use animals to conduct research, teaching, testing and experimentation.

The proposed rule addresses unduly burdensome and unclear administrative requirements regarding inactive facilities, redundant facility contact information status reports, conditions for registration termination, the validity period of Institutional Animal Care and Use Committee- approved protocols, and signatures on animal research facility annual reports.  

These changes are being proposed as part of USDA’s commitment to regulatory reform and are in compliance with the 21st Century Cures Act, which directs USDA to work with the Food and Drug Administration and the National Institutes of Health to complete a review of regulations and policies for the care and use of laboratory animals.  It also requires USDA to make revisions to reduce the administrative burden on the research community, while maintaining the integrity of research findings and the protection of research animals. 

The proposed rule may be viewed in today’s Federal Register. Beginning tomorrow, members of the public will be able to submit comments for 60 days.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2020/sa-09/research-facilities-info-removal

USITC VOTES TO CONTINUE INVESTIGATIONS ON METHIONINE FROM FRANCE, JAPAN, AND SPAIN

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 methionine from France, Japan, and Spain that are allegedly sold in the United States at less than fair value. 

Chair Jason E. Kearns, Vice Chair 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 its investigations of imports of methionine from France, Japan, and Spain, with its preliminary antidumping duty determinations due on or about January 5, 2021.

The Commission’s public report Methionine from France, Japan, and Spain (Inv. Nos. 731-TA-1534-1536 (Preliminary), USITC Publication 5120, September 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after October 13, 2020; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Methionine from France, Japan, and Spain
Investigation Nos. 731-TA-1534-1536 (Preliminary)

Product Description:  Methionine, an organic chemical, is an essential amino acid. Methionine hydroxy analogues (MHA) are organic acids. The forms of methionine and MHA identified in the scope are primarily used in animal feed preparations (e.g., poultry and swine) and aquaculture. Read More→

https://www.usitc.gov/press_room/news_release/2020/er0911ll1646.htm

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING CHASSIS AND SUBASSEMBLIES FROM CHINA

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 chassis and subassemblies from China that are allegedly subsidized and sold in the United States at less than fair value. 

Chair Jason E. Kearns, Vice Chair 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 its investigations of imports of chassis and subassemblies from China, with its preliminary countervailing duty determination due on or about October 23, 2020, and its preliminary  antidumping duty determination due on or about January 6, 2021.

The Commission’s public report Chassis and Subassemblies from China (Inv. Nos. 701-TA-657 and 731-TA-1537 (Preliminary), USITC Publication 5119, September 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after October 13, 2020; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Chassis and Subassemblies from China
Investigation Nos. 701-TA-657 and 731-TA-1537 (Preliminary)

Product Description:  Chassis are skeletal rectangular framed trailers used to transport shipping containers. The rectangular frame is made up of steel with a suspension and axle system, wheels and tires, brakes, a lighting and electrical system, a coupling for towing behind a truck tractor, and a locking system or systems to secure the shipping container or containers attached to the chassis. Chassis are designed to carry containers of various sizes (usually ranging from 20-feet to 53-feet in the United States). Read More→

https://www.usitc.gov/press_room/news_release/2020/er0911ll1647.htm

Joint Statement on U.S.-Brazil Trade in Ethanol

Washington, DC – Brazil and the United States have held consultations regarding their bilateral trade on ethanol. As a result, they have decided to conduct results-oriented discussions on an arrangement to improve market access for ethanol and sugar in Brazil and the United States. They will also consider an increase in market access for corn in both countries. The two countries will also discuss ways to ensure there is fair market access along with any increase in the consumption of ethanol, as well as to coordinate and ensure that the ethanol industries in both countries will be treated fairly and benefit from future regulatory changes on biofuel products in Brazil and the United States. The discussions should aim to achieve reciprocal and proportional outcomes that generate trade and open markets to the benefit of both countries.

Such discussions will take place over a 90-day period starting on September 14, 2020. During such time, Brazil will maintain a pro-rata tariff-rate quota (TRQ) for ethanol proportional to the total annual volume of the TRQ that was in force on August 30, 2020.
Brazil and the United States agreed to proceed in this manner in the spirit of the economic partnership created under the leadership of Presidents Trump and Bolsonaro, acknowledging the need to continue to constructively address the effects of the crises generated by the COVID-19 pandemic on their bilateral trade and domestic production.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/september/joint-statement-us-brazil-trade-ethanol

CBP COVID-19 Updates and Announcements

CBP COVID-19 Information

What is CBP doing to safeguard its employees/personnel during this pandemic?  

In order to minimize exposure to COVID-19, the CBP workforce is using social distancing to the maximum extent possible. CBP has ensured that personnel who cannot telework have ready access to Personal Protective Equipment and comprehensive guidance for the use of that equipment. CBP is taking every precaution to keep our workforce, their families and the American people safe while still accomplishing the CBP mission.

What specific protective equipment is CBP providing to agents and officers?

CBP has provided extensive guidance to all of its employees regarding the risk-based use of Personal Protective Equipment (PPE). PPE recommendations range from gloves to N95 respirators, eye protection, disposable outer garments and more based on infectious disease risks, job functions, and job settings. CBP has also issued sanitary guidance to its facilities specifically to prevent the spread of COVID-19.

Overall, CBP has had 2041 federal employees test positive for COVID-19.  11 have unfortunately died as a result of the virus. Read More→

https://www.cbp.gov/newsroom/coronavirus