FLUID END BLOCK FROM CHINA, GERMANY, INDIA, AND ITALY 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 fluid end blocks from Germany and Italy that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and are subsidized by the governments of China, Germany, India, and Italy.

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, Commerce will issue countervailing duty orders on imports of this product from China, Germany, India, and Italy and antidumping duty orders on imports of this product from Germany and Italy.

The Commission’s public report Fluid End Blocks from China, Germany, India, and Italy (Inv. Nos. 701-TA-632-635 and 731-TA-1466 and 1468 (Final), USITC Publication 5152, January 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by February 9, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Fluid End Blocks from China, Germany, India, and Italy
Investigation Nos. 701-TA-632-635 and 731-TA-1466 and 1468 (Final)

Product Description:  Fluid end blocks are steel forgings of a particular chemistry and certain dimensional ranges that are an essential part of a well service pump. Fluid end blocks are incorporated into a fluid end module, which is used in well stimulation processes and are responsible for pressurizing the pumped fluid into the well. Pumps incorporating fluid end blocks are primarily used for drilling or hydraulic fracturing in the oil and gas industry. Some fluid end blocks are incorporated into mud pumps, which use lower pressures and primarily pump water or a mud mixture. Most fluid end blocks are made from stainless steel or non-stainless alloy steel, and many fluid end block producers experiment with different steel chemistries in an effort to improve fluid end block hardness, toughness, strength, and machinability. 

Status of Proceedings:

1.   Type of investigation:  Final phase antidumping and countervailing duty investigations.
2.   Petitioner:  Ellwood City Forge Company, Ellwood Quality Steels Company, and Ellwood National Steel Company, Ellwood City, PA; A. Finkl & Sons, Chicago, IL; and FEB Fair Trade Coalition, Cleveland, OH.
3.   USITC Institution Date:  Thursday, December 19, 2019.
4.   USITC Hearing Date:  Tuesday, December 1, 2020.
5.   USITC Vote Date:  Wednesday, January 6, 2021.
6.   USITC Views to Commerce Date:  Tuesday, January 19, 2021.

U.S. Industry in 2019:

1.   Number of U.S. producers:  14.
2.   Location of producers’ plants:  Arkansas, Illinois, Indiana, Michigan, Pennsylvania, Texas, Wisconsin.
3.   Production and related workers: 277.
4.   U.S. producers’ U.S. shipments:  [1] 
5.   Apparent U.S. consumption:  1 
6.   Ratio of subject imports to apparent U.S. consumption:  1  

U.S. Imports in 2019:

1.   Subject imports:  $189.0 million.
2.   Nonsubject imports:  1 
3.   Leading import sources:  China, Germany, India, and Italy.

[1] Withheld to avoid disclosure of business proprietary information.

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https://www.usitc.gov/press_room/news_release/2021/er0106ll1698.htm

United States Modifies Tariffs on EU Products in Large Civil Aircraft Dispute

2/30/2020

The United States is adjusting tariffs on certain products imported from the European Union.  The U.S. was authorized in October 2019 to impose additional duties on approximately $7.5 billion in EU products as a result of the WTO Large Civil Aircraft litigation.  The United States implemented its authorized countermeasures in a restrained way and used trade data from the prior calendar year to determine the amount of products to be covered.  

In September, 2020 the EU was authorized to impose tariffs affecting $4 billion in U.S. trade as a result of related WTO litigation.  In implementing its tariffs, however, the EU used trade data from a period in which trade volumes had been drastically reduced due to the horrific effects on the global economy from the COVID-19 virus.  The result of this choice was that Europe imposed tariffs on substantially more products than would have been covered if it had utilized a normal period.  Although the United States explained to the EU the distortive effect of its selected time period, the EU refused to change its approach.  

As a result, to keep the two actions proportionate to each other, the U.S. is forced to change its reference period to the same period used by the European Union.  However, in order to not escalate the situation, the United States is adjusting the product coverage by less than the full amount that would be justified utilizing the EU’s chosen time period.  

The EU made another choice that unfairly increased the amount of retaliation.  The EU calculated the amount of trade to be covered using EU-27 trade volume (i.e., excluding UK trade).  The effect of this was to unfairly increase the retaliation for the 52 days in which the UK remained within the EU for tariff purposes.  The EU needs to take some measure to compensate for this unfairness.

The products subject to the additional tariffs include aircraft manufacturing parts from France and Germany, certain non-sparkling wine from France and Germany, and certain cognac and other grape brandies from France and Germany.

Additional details will be provided in a forthcoming Federal Register notice.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/december/united-states-modifies-tariffs-eu-products-large-civil-aircraft-dispute

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY ANTIDUMPING DUTY DETERMINATIONS FOR PASSENGER VEHICLE AND LIGHT TRUCK TIRES FROM SOUTH KOREA, TAIWAN, THAILAND, AND VIETNAM

WASHINGTON - Today, the U.S. Department of Commerce announced affirmative preliminary determinations in the antidumping duty (AD) investigations of passenger vehicle and light truck tires (passenger tires) from South Korea, Taiwan, Thailand, and Vietnam. Commerce preliminarily determined that exporters have dumped passenger tires in the United States at rates of 14.24 to 38.07 percent for South Korea, 52.42 to 98.44 percent for Taiwan, 13.25 to 22.21 percent for Thailand, and 0 to 22.30 percent for Vietnam. 

As a result of today’s decisions, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of passenger tires from South Korea, Taiwan, Thailand, and Vietnam based on the preliminary rates noted above. 

The petitioner is the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (Pittsburgh, PA).

Commerce is scheduled to announce its final determinations in these cases on or about May 14, 2021, unless this deadline is extended. 

If Commerce’s final determinations are affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determinations on or about June 28, 2021. If Commerce makes affirmative final determinations of dumping and the ITC makes affirmative final injury determinations, Commerce will issue AD orders. If Commerce makes negative final determinations of dumping or the ITC makes negative final determinations of injury, the investigations will be terminated and no orders will be issued.

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

• $1.17 billion for South Korea;

• $373.0 million for Taiwan;

• $1.96 billion for Thailand; and

• $469.6 million for Vietnam.

Read the fact sheet on today’s decision(s).

Commerce is conducting a concurrent countervailing duty (CVD) investigation of passenger tires from Vietnam. This proceeding remains ongoing.

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 306 new AD and CVD investigations – a 278 percent increase from the comparable period in the previous administration.

The AD law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. Commerce currently maintains 542 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties. 

Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that abides by international rules and is based solely on facts submitted to the public record. 

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https://www.trade.gov/press-release/us-department-commerce-issues-affirmative-preliminary-antidumping-duty-14

CBP Cautions Entrepreneurs in Purchasing Food Trucks, Trailers Through Overseas Online Retailers

SEATTLE — Since the beginning of 2020, U.S. Customs and Border Protection (CBP) Officers in Seattle have seized several food trucks and trailers that were imported by well-meaning entrepreneurs.  Quite often, these ready to work kitchens on wheels do not meet Department of Transportation (DOT) regulations.  The online deals may look great, but in reality, the seizure of these trailers and the fees associated with inspection, storage, seizure, and disposal can cost an unwitting importer tens of thousands of dollars.

CBP is urging individuals to use caution when purchasing food trucks and trailers online.
Many such vehicles do not meet safety standards in the U.S. and the importation will not
be allowed.

In addition to their role as enforcers of customs and immigration regulations, CBP Officers and Agriculture Specialists actively enforce over 400 laws and regulations for 40 government agencies.  This includes enforcing DOT statutes, such as preventing unsafe vehicles and other products from endangering the public on U.S. roadways.  CBP cautions potential entrepreneurs to do their research to make sure that their purchase meets DOT, as well as CBP and other guidelines to enter the United States.  Two valuable websites for this research are:

• https://www.nhtsa.gov/importing-vehicle

• https://help.cbp.gov

Beyond the DOT requirements, CBP reminds importers to check city, county, and state requirements for food trucks, as there are local requirements for commercial use of these mobile kitchens. 

Seattle Area Port Director Clay Thomas said, “We in CBP are steadfast in performing our duty, but as humans, we cannot help but be heartbroken for good people being taken advantage of by unscrupulous online retailers. These small business owners just want to live their dream, but end up getting blindsided when they purchase dangerous and non-compliant products.”

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U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with securing the borders of the United States while enforcing hundreds of laws and facilitating lawful trade and travel.

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https://www.cbp.gov/newsroom/local-media-release/cbp-cautions-entrepreneurs-purchasing-food-trucks-trailers-through#

ICE, CBP seize more than 100,000 counterfeit surgical masks intended for hospital workers

More than 100,000 counterfeit 3M N95 surgical masks destined to be used by hospital workers were seized Dec. 7 by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Customs and Border Protection.

On Dec. 3, CBP officers at the Ysleta Cargo Facility initially intercepted the shipment of 100,080 3M N95 surgical masks with an MSRP of $600,480. The masks were in-transit at an El Paso bonded warehouse destined to a hospital on the East Coast.

ICE HSI special agents determined the masks were counterfeit after working with the National Intellectual Property Rights Coordination Center and 3M Company.

“The seizure of these counterfeit surgical masks not only ensures the health and safety of our frontline health care workers by preventing them from receiving inferior personal protective equipment, it also protects the integrity of the American economy.  We will continue to aggressively investigate, arrest and prosecute criminal counterfeiters who show a total disregard for human life and take advantage of a relentless world pandemic for economic gain.” said Erik P. Breitzke, acting special agent in charge of ICE HSI El Paso.

“HSI and CBP will continue to collaborate to prevent unauthorized and counterfeit products from getting to U.S. consumers to protect the health and safety of the American public and the American economy,” said Ysleta Port Director Arnoldo Gomez. “This large seizure of counterfeit surgical masks, destined for frontline medical workers, demonstrates the great collaborative effort between CBP and HSI. Counterfeit surgical masks pose a great risk to our medical community, and any individual who may use them.” 

This shipment is in violation of Importation, Removal and Contrary to Law (19 U.S.C. 1595a(c)(2)(A)) and the Federal Food, Drug and Cosmetic Act. ICE HSI El Paso is investigating the seizure with assistance from CBP.

ICE HSI launched Operation Stolen Promise in April 2020 to protect U.S. consumers from the increasing and evolving threat posed by the pandemic. The operation involves various federal agencies, including CBP, the U.S. Department of Justice, U.S. Postal Inspection Service, U.S. Food and Drug Administration, the Internal Revenue Service, and multiple private sector partners, including Pfizer, 3M, Amazon and others.

Operation Stolen Promise combines ICE HSI’s expertise in global trade, financial fraud, international operations and cybercrime to investigate financial fraud schemes, the importation of prohibited pharmaceuticals and medical supplies, offending e-commerce schemes, and any other illicit criminal activities associated with the COVID-19 virus that may compromise legitimate trade, financial systems and/or endangers the public. 

For more information or to report COVID fraud, visit the Operation Stolen Promise website.

 U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with securing the borders of the United States while enforcing hundreds of laws and facilitating lawful trade and travel.

Files:

counterfeit mask 1

counterfeit mask packaging

Last modified:

December 9, 2020

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https://www.cbp.gov/newsroom/local-media-release/ice-cbp-seize-more-100000-counterfeit-surgical-masks-intended-hospital

Commerce Department Will Publish the First Military End User List Naming More Than 100 Chinese and Russian Companies

The Bureau of Industry and Security (BIS) will amend the Export Administration Regulations (EAR) by adding a new ‘Military End User’ (MEU) List, as well as the first tranche of 103 entities, which includes 58 Chinese and 45 Russian companies. The U.S. Government has determined that these companies are ‘military end users’ for purposes of the ‘military end user’ control in the EAR that applies to specified items for exports, reexports, or transfers (in-country) to the China, Russia, and Venezuela when such items are destined for a prohibited ‘military end user.’

“This action establishes a new process to designate military end users on the MEU List to assist exporters in screening their customers for military end users,” said Commerce Secretary Wilbur Ross.  “The Department recognizes the importance of leveraging its partnerships with U.S. and global companies to combat efforts by China and Russia to divert U.S. technology for their destabilizing military programs, including by highlighting red flag indicators such as those related to Communist Chinese military companies identified by the Department of Defense.”

The MEU List informs exporters, reexporters, and transferors that a license will be required to export, reexport, or transfer (in-country) designated items to listed entities. The U.S. Government has determined that these entities represent an unacceptable risk of use in or diversion to a ‘military end use’ or ‘military end user’ in China, Russia, or Venezuela.

Commerce is taking this action, which is scheduled to go on public display at the Federal Register on December 22, to respond to requests received from the public to identify specific ‘military end users’ by name and address in the regulations. The MEU List supports the export community by identifying military end users known to the U.S. Government, improving the effectiveness of military end-use and military end-user controls.

Importantly, this is a non-exhaustive list, and does not imply that other parties not included on the list are exempt from regulatory prohibitions. For example, parties not listed on the MEU List but included on the Department of Defense’s Section 1237 list of the National Defense Authorization Act would raise a Red Flag under the EAR and require additional due diligence by exporters, reexporters, or transferors.

While the initial MEU list includes 103 companies, additional parties may be added or deleted from the MEU List pursuant to a determination made by the End-User Review Committee, the interagency body composed of Commerce, and the Departments of Defense, Energy, State, and, where appropriate, the Treasury. Read More→

https://www.commerce.gov/news/press-releases/2020/12/commerce-department-will-publish-first-military-end-user-list-naming

United States-Mexico-Canada Agreement (USMCA), Article 10.12; Binational Panel Review: Notice of Request for Panel Review

AGENCY:

United States Section, USMCA Secretariat, International Trade Administration, Department of Commerce.

ACTION:

Notice of USMCA Request for Panel Review in the matter of Certain Softwood Lumber Products from Canada: Final Affirmative Countervailing Duty Administrative Review, 2017-2018 (Secretariat File Number: USA-CDA-2020-10.12-01).

SUMMARY:

A Request for Panel Review was filed on behalf of the Government of Canada, the Government of Alberta, the Government of British Columbia, the Government of New Brunswick, the Government of Ontario, the Government of Québec, Alberta Softwood Lumber Trade Council (“ASLTC”), British Columbia Lumber Trade Council (“BCLTC”), Conseil de l'Industrie forestiere du Québec (“CIFQ”), Ontario Forest Industries Association (“OFIA”), J.D. Irving, Limited (“JDI”), Resolute FP Canada Inc. (“Resolute”), and West Fraser Mills Ltd. with the United States Section of the USMCA Secretariat on December 10, 2020, pursuant to USMCA Article 10.12. Panel Review was requested of the U.S. International Trade Administration's Final Results of the Countervailing Duty Administrative Review (2017-2018) in Certain Softwood Lumber from Canada, which was published in the Federal Register on December 1, 2020 (85 FR 77, 163). The USMCA Secretariat has assigned case number USA-CDA-2020-10.12-01 to this request.

FOR FURTHER INFORMATION CONTACT:

Vidya Desai, Acting United States Secretary, USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, 202-482-5438. Read More→

https://www.federalregister.gov/documents/2020/12/18/2020-27830/united-states-mexico-canada-agreement-usmca-article-1012-binational-panel-review-notice-of-request

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY ANTIDUMPING DUTY DETERMINATION FOR SEAMLESS CARBON AND ALLOY STEEL STANDARD, LINE, AND PRESSURE PIPE FROM THE CZECH REPUBLIC

WASHINGTON – Today, the U.S. Department of Commerce announced an affirmative preliminary determination in the antidumping duty (AD) investigation of seamless carbon and alloy standard, line, and pipe from the Czech Republic.

Commerce preliminarily determined that exporters from Czech Republic have dumped seamless carbon and alloy standard, line, and pipe in the United States at rates of 51.07 percent to 51.70 percent. 

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of seamless carbon and alloy standard, line, and pipe from the Czech Republic based on the preliminary rate noted above. 

The petitioner is Vallourec Star, LP (Houston, Texas).

Commerce is scheduled to announce its final determination in this case on or about March 2, 2021. This deadline may be extended.

If Commerce makes an affirmative final determination, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about April 15, 2021. If Commerce makes an affirmative final determination in this investigation and the ITC makes an affirmative final injury determination, Commerce will issue an AD order. If Commerce makes a negative final determination of dumping or the ITC makes a negative final determination of injury, the investigation will be terminated and no order will be issued. 

In 2019, imports of seamless carbon and alloy steel standard, line, and pressure pipe from the Czech Republic were valued at an estimated $37.1 million.

Read the fact sheet on today’s decisions.

Commerce is conducting concurrent AD investigations of seamless carbon and alloy steel standard, line, and pressure pipe from Russia, South Korea, and Ukraine. The preliminary AD determinations for Russia, South Korea, and Ukraine are scheduled to be announced on February 4, 2021 (fully extended). Commerce is conducting concurrent countervailing duty (CVD) investigations of seamless carbon and alloy steel standard, line, and pressure pipe from Russia and South Korea. On December 8, 2020, Commerce announced the preliminary CVD determinations, finding subsidy rates of 6.37 percent for Russia and 2.14 percent for South Korea. Commerce is scheduled to announce its final CVD determinations for Russia and South Korea on April 19, 2021 (subject to extension).

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 306 new AD and CVD investigations – a 283 percent increase from the comparable period in the previous administration. Commerce currently maintains 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

The AD law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. 

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties. 

Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that is consistent with 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-affirmative-preliminary-antidumping-duty-12

USITC RELEASES REPORT CONCERNING THE U.S. INDUSTRY, MARKET, TRADE, AND SUPPLY CHAIN CHALLENGES FOR COVID-19 RELATED GOODS

The U.S. International Trade Commission (USITC) today released a report on U.S. industries producing COVID-19 related goods and the supply chain challenges and constraints that impacted the availability of such goods.

The investigation, COVID-19 Related Goods: The U.S. Industry, Market, Trade, and Supply Chain Challenges, was requested by the U.S. House of Representatives’ Committee on Ways and Means and the U.S. Senate Committee on Finance in a letter received on August 13, 2020.

As requested, the USITC, an independent nonpartisan factfinding federal agency, completed the investigation as a follow-on to an earlier report that identified goods related to treating and otherwise responding to the COVID-19 pandemic.  Released in May 2020 and updated in June 2020, that report identified the goods’ source countries, tariff classifications, and applicable duty rates. 

The new report, focused primarily on the availability of goods from the onset of the COVID-19 pandemic through September 2020, provides overviews of four key industry sectors (medical devices, personal protective equipment, pharmaceuticals, and soaps and cleaning compounds). In addition, the report includes case studies on ventilators, N95 respirators, surgical masks, surgical and isolation gowns, medical and surgical gloves, test kits, vaccines, and hand sanitizer.

Major Findings:

• U.S. demand for all products covered in the case studies substantially increased in the first half of 2020, as compared to 2019, leading to significant shortages. Domestic industries were able to continue current operations but faced challenges in ramping up production to meet growing demand. Importers of COVID-19 related goods faced disruptions to normal levels of supply for some products and challenges associated with a rapid increase in global demand.

• The United States produced all goods covered in the case studies before the pandemic, as well as many of the inputs. However, the extent of domestic production varied significantly. The U.S. industry supplied only a relatively small share of the domestic market for certain medical PPE, such as medical gloves and gowns, but supplied a large share of the domestic market for goods like ventilators, vaccines, N95 respirators, and hand sanitizer.

• U.S. imports of most COVID-19 related goods covered in the case studies increased substantially beginning around April or May 2020, depending on the product. Imports of many products exceeded their normal levels by orders of magnitude. Medical and surgical gloves, however, remain among the most hard-to-find items, with glove imports up only 17 percent during January-September 2020.

• Some of the initial supply chain challenges have eased, such as those for ventilators, but a number remain, including for many PPE items. Gloves, for example, are one of the most highly constrained COVID-19 related products, with shortages expected to continue beyond 2021.

• The major factors affecting domestic production of COVID-19 related goods include the availability and costs of inputs, the time and cost of bringing additional production capacity online (including purchasing and installing new machinery), and the time needed to recruit and train new workers. For firms entering the market or bringing new products to the market, challenges also include the time associated with designing products and getting them certified, as well as issues related to a hesitancy among purchasers to use unknown suppliers. Finally, U.S. producers faced, and continue to face, a conundrum when deciding whether to invest in domestic production, as there is little certainty about long-term demand and the ability to recoup investments, and a concern that post-pandemic purchasers will revert to buying from the lowest-cost suppliers, which often manufacture overseas.

• The most significant factor affecting imports was that global demand significantly exceeded available supply of many COVID-19 related goods, making it difficult for U.S. importers to procure sufficient quantities. Other major factors included substantially higher prices for imports, foreign export restrictions, logistics disruptions and cost increases, quality concerns (a significant increase in the number of counterfeit, illicit, and flawed products), and imported products differing from those used in the U.S. market.

COVID-19 Related Goods: The U.S. Industry, Market, Trade, and Supply Chain Challenges (Investigation No. 332-580, USITC Publication 5145, December 2020) is available on the USITC website at: https://www.usitc.gov/publications/332/pub5145.pdf.

USITC general factfinding investigations 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/er1222ll1692.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN RADIO FREQUENCY ("RFID") PRODUCTS, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency identification (“RFID”) products, components thereof, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Amtech Systems LLC of Albuquerque, NM, on November 13, 2020.  Supplements to the complaint were filed on November 16, 2020 and December 9, 2020.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain radio frequency identification (“RFID”) products, components thereof, and products containing the same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

Kapsch TrafficCom AG of Vienna, Austria;
Kapsch TrafficCom B.V. of Breda Noord-Brabant, Netherlands;
Kapsch TrafficCom Canada, Inc. of Mississauga, Ontario, Canada;
Kapsch TrafficCom Holding Corp. of McLean, VA;
Kapsch TrafficCom Holding II US Corp. of McLean, VA;
Kapsch TrafficCom IVHS, Inc. of McLean, VA;
Kapsch TrafficCom USA, Inc. of McLean, VA;
Kapsch TrafficCom Inc. of McLean, VA; and
Kapsch TrafficCom Services USA, Inc. of McLean, VA.

By instituting this investigation (337-TA-1234), 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/er1221ll1689.htm

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING POLYESTER TEXTURED YARN FROM INDONESIA, MALAYSIA, THAILAND, 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 polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam 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 polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam, with its preliminary antidumping duty determinations due on or about April 6, 2021.

The Commission’s public report Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam (Inv. Nos. 731-TA-1550-1553 (Preliminary), USITC Publication 5148, December 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after January 11, 2021; 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/er1211ll1688.htm

U.S. DEPARTMENT OF COMMERCE FINDS DUMPING OF 4TH TIER CIGARETTES FROM SOUTH KOREA

For Immediate Release 
December 7, 2020
Contact: Office of Public Affairs
Phone: 202-482-3809

WASHINGTON – Today, the U.S. Department of Commerce announced its affirmative final determination in the antidumping duty (AD) investigation of 4th tier cigarettes from South Korea. Commerce determined that exporters from South Korea have dumped 4th tier cigarettes in the United States at a rate of 5.48 percent. 

In 2019, imports of 4th tier cigarettes from South Korea were valued at an estimated $82 million. 

The petitioner is the Coalition Against Korean Cigarettes, whose members are Xcaliber International (Pryor, OK) and Cheyenne International (Grover, NC). 

The U.S. International Trade Commission (ITC) is currently scheduled to make its final injury determination on or about January 19, 2021. If the ITC makes an affirmative final injury determination, Commerce will issue an AD order. If the ITC makes a negative final determination of injury, the investigation will be terminated, and no order will be issued.

Read today’s fact sheet on today’s decision.

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 306 new AD and CVD investigations – a 283 percent increase from the comparable period in the previous administration.

The AD law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. Commerce currently maintains 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to AD duties. 

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-4th-tier-cigarettes-south-korea

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY ANTIDUMPING DUTY DETERMINATION FOR TWIST TIES FROM CHINA

For Immediate Release 
December 4, 2020
Contact: Office of Public Affairs
Phone: 202-482-3809

WASHINGTON – Today, the U.S. Department of Commerce announced an affirmative preliminary determination in the antidumping duty (AD) investigation of twist ties from China.

Commerce preliminarily determined that exporters from China have dumped twist ties in the United States at a rate of 72.96 percent. 

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of twist ties from China based on the preliminary rate noted above. 

The petitioner is Bedford Industries, Inc. (Worthington, MN).

Commerce is scheduled to announce its final determination in this case on or about February 17, 2021.

If Commerce’s final determination is affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about April 2, 2021. If Commerce makes an affirmative final determination of dumping and the ITC makes an affirmative final injury determination, Commerce will issue an AD order. If Commerce makes a negative final determination of dumping or the ITC makes a negative final determination of injury, the investigation will be terminated and no order will be issued. 

The petitioner estimated the value of twist ties imported from China in 2019 at $4.15 million.

Read the fact sheet on today’s decisions.

Commerce is conducting a concurrent countervailing duty (CVD) investigation of twist ties from China. The final determination in the CVD investigation is scheduled to be announced simultaneously with the final determination in the AD investigation.
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 306 new AD and CVD investigations – a 283 percent increase from the comparable period in the previous administration.

The antidumping duty law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. Commerce currently maintains 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties. 

Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that abides by international rules and is based solely on facts submitted to the public record. 

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https://www.trade.gov/press-release/us-department-commerce-issues-affirmative-preliminary-antidumping-duty-10

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY COUNTERVAILING DUTY DETERMINATION FOR SILICON METAL FROM KAZAKHSTAN

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

WASHINGTON - Today, the U.S. Department of Commerce (Commerce) announced an affirmative preliminary determination in the countervailing duty (CVD) investigation of silicon metal from Kazakhstan.

Commerce preliminarily determined that exporters/producers from Kazakhstan received countervailable subsidies at a rate of 120.00 percent.

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of standard silicon metal from Kazakhstan based on the preliminary rate noted above.

The petitions were filed by Globe Specialty Metals, Inc. (Beverly, OH) and Mississippi Silicon LLC (Burnsville, MS).

Commerce is scheduled to announce its final determination in this case on or about February 11, 2021. This deadline may be extended.

If Commerce makes an affirmative final determination, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about March 29, 2021. If Commerce makes an affirmative final determination in this investigation and the ITC makes an affirmative final injury determination, Commerce will issue a CVD order. If Commerce makes a negative final determination of dumping or the ITC makes a negative final determination of injury, the investigation will be terminated and no order will be issued.

In 2019, imports of silicon metal from Kazakhstan were valued at approximately $14.9 million. 

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 306 new antidumping (AD) and CVD investigations – a 283 percent increase from the comparable period in the previous administration. Commerce currently maintains 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

The CVD law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair subsidization of imports into the United States.

Foreign companies that receive financial assistance from foreign governments that benefits those companies’ production of goods and is limited to specific enterprises or industries, or is contingent either upon export performance or upon the use of domestic goods over imported goods, are subject to countervailing duties. 

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 is consistent with 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-affirmative-preliminary-countervailing-duty-0

U.S. Department of Commerce Issues Affirmative Preliminary Countervailing Duty Determination for Twist Ties From China

Trade enforcement

Today, U.S. Secretary of Commerce Wilbur Ross announced an affirmative preliminary determination in the countervailing duty (CVD) investigation of twist ties from China. The Commerce Department preliminarily determined that exporters/producers from China received countervailable subsidies at a rate of 122.5 percent. Among the subsidies preliminarily countervailed is China’s undervalued currency – making this the first time Commerce has ever countervailed the Renminbi. This is the second time that Commerce has countervailed a foreign currency with a unitary exchange rate.   

“Today’s preliminary determination reaffirms the Trump Administration’s commitment to free, fair, and reciprocal trade,” said Secretary Ross. “The Department of Commerce will continue to use the legal tools at our disposal to aggressively counter currency undervaluation and other unfair subsidies, further ensuring a level playing field for American businesses and workers.” 

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of twist ties from China based on the preliminary rate noted above.  

The petitioner is Bedford Industries, Inc. (Worthington, MN).  

Commerce is scheduled to announce its final determination in this case on or about February 17, 2021. This deadline may be extended. 

If Commerce makes an affirmative final determination, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about April 2, 2021.  If Commerce makes an affirmative final determination in this investigation and the ITC makes an affirmative final injury determination, Commerce will issue a CVD order.  If Commerce makes a negative final determination or the ITC makes a negative final determination of injury, the investigation will be terminated, and no order will be issued. 

The petitioner estimated the value of twist ties imported from China in 2019 at $4.15 million. Read More→

https://www.commerce.gov/news/press-releases/2020/11/us-department-commerce-issues-affirmative-preliminary-countervailing-0

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CITRIC ACID AND CERTAIN CITRATE SALTS FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of citric acid and certain citrate salts 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 orders on imports of these products from China 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 Citric Acid and Certain Citrate Salts from China (Inv. Nos. 701-TA-456 and 731-TA-1152 (Second Review), USITC Publication 5147, December 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by January 8, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

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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 Citric Acid and Certain Citrate Salts from China were instituted on May 1, 2019.

On August 4, 2020, the Commission voted to conduct expedited reviews. Commissioners David S. Johanson, 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/er1204ll1685.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN DIGITAL IMAGING DEVICES AND PRODUCTS CONTAINING SAME AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital imaging devices and products containing the same and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on an amended complaint filed by Pictos Technologies, Inc., of San Jose, CA, on October 23, 2020.  The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital imaging devices and products containing the same and components thereof that infringe patents asserted by the complainant and that were made using misappropriated trade secrets.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

Samsung Electronics Co., Ltd., of Gyeonggi, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Semiconductor, Inc., of San Jose, CA.

By instituting this investigation (337-TA-1231), 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/er1125ll1679.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CHOCOLATE MILK POWDER AND PACKAGING THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain chocolate milk powder and packaging 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 Meenaxi Enterprise, Inc., of Edison, NJ, on October 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 chocolate milk powder and packaging thereof that infringes a registered trademark asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order and cease and desist orders. 

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

Bharat Bazar Inc. of Union City, CA;
Madras Group Inc. d/b/a Madras Groceries of Sunnyvale, CA;
Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, CA;
Organic Food Inc. d/b/a Namaste Plaza Indian Super Market of Fremont, CA;
India Cash & Carry Inc. d/b/a India Cash & Carry of Sunnyvale, CA;
New India Bazar Inc. d/b/a New India Bazar of San Jose, CA;
Aapka Big Bazar of Jersey City, NJ;
Siya Cash & Carry Inc. d/b/a Siya Cash and Carry of Jersey City, NJ;
JFK Indian Grocery LLC d/b/a D-Mart Super Market of Jersey City, NJ;
Trinethra Indian Super Markets of Newark, CA;
Apna Bazar Cash & Carry Inc. d/b/a Apna Bazar Cash & Carry of Edison, NJ;
Subzi Mandi Cash & Carry Inc. d/b/a Subzi Mandi Cash & Carry of Piscataway, NJ;
Subhlaxmi Grocers of Piscataway, NJ;
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry of South Plainfield, NJ;
Keemat Grocers of Sugarland, TX;
KGF World Food Warehouse Inc. d/b/a World Food Mart of Houston, TX;
Telfair Spices of Sugarland, TX;
Indian Groceries and Spices Inc. d/b/a iShopIndia.com of Milwaukee, WI;
Rani Foods LP d/b/a Rani’s World Foods of Houston, TX;
Tathastu Trading LLC of South Plainfield, NJ; and
Choice Trading LLC of Guttenberg, NJ.

By instituting this investigation (337-TA-1232), 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/er1125ll1681.htm

USITC SAYS RELIEF FOR U.S. LARGE RESIDENTIAL WASHERS INDUSTRY CONTINUES TO BE NECESSARY

The U.S. International Trade Commission (USITC) today determined that import relief provided to the U.S. large residential washers industry beginning in 2018 continues to be necessary to prevent or remedy serious injury to the U.S. industry, and that the domestic industry is making a positive adjustment to import competition.

The Commission will forward its report on its investigation and determination to the President by December 8, 2020.  The President will make the final decision on whether to extend the import relief. 

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.

The Commission’s public report Large Residential Washers (Inv. No. TA-201-076 (Extension), USITC Publication 5144, December 2020) will include the Commission’s findings and recommendations. 

The report will be available by December 29, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

Background

On January 23, 2018, following an affirmative injury determination by the Commission under the global safeguard law, the President imposed tariff rate quotas on imports of certain large residential washers and parts thereof.  The remedy took effect on February 7, 2018, for a period of three years and one day.

Unless extended, the relief action will terminate on February 7, 2021.  On August 3, 2020, the Commission instituted this investigation, upon receipt of a petition filed by Whirlpool Corporation of Benton Harbor, MI, requesting an extension of the relief action.

In accordance with the safeguard law, the Commission conducted an investigation to determine whether the relief provided by the President continues to be necessary to prevent or remedy serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.

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https://www.usitc.gov/press_room/news_release/2020/er1125ll1680.htm

Joint Statement of the United States-Ecuador Trade and Investment Council

11/19/2020

On November 10, the United States and Ecuador held the third meeting of the United States-Ecuador Trade and Investment Council (TIC). The U.S. delegation was led by Deputy U.S. Trade Representative, Ambassador Michael Nemelka, and the Ecuadorian delegation was led by the Minister of Production, Foreign Trade, Investment, and Fisheries, Mr. Ivan Ontaneda. Both delegations included officials from trade and other regulatory agencies.

This meeting reflects the high priority both countries place on deepening trade and investment ties. Representatives of both countries discussed a range of trade and investment-related issues, including intellectual property, environment, labor, and trade in agriculture products.

They also discussed the implementation of an ambitious economic and trade agenda between Ecuador and the United States. Both countries reconfirmed their commitment to accelerating work under the U.S.-Ecuador TIC, including completion of negotiation of a Protocol on Trade Rules and Transparency, based on the high-standard provisions in recent U.S. and Ecuador trade agreements. The United States and Ecuador anticipate concluding these negotiations, which will include provisions on trade facilitation, good regulatory practices, anti-corruption, and cooperation on small and medium-sized enterprises, before the end of the year.

Both countries look forward to further deepening our engagement in 2021 and to convening the fourth meeting of the Trade and Investment Council in Quito, Ecuador. 

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/november/joint-statement-united-states-ecuador-trade-and-investment-council