WOOD MOULDINGS AND MILLWORK PRODUCTS FROM CHINA INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of wood mouldings and millwork products from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

Chair Jason E. Kearns and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.  Vice Chairman Randolph J. Stayin did not participate in these investigations.

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

The Commission’s public report Wood Mouldings and Millwork Products from China (Inv. Nos. 701-TA-636 and 731-TA-1470 (Final), USITC Publication 5157, February 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 1, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Wood Mouldings and Millwork Products from China
Investigation Nos. 701-TA-636 and 731-TA-1470 (Final)

Product Description:  The merchandise subject to these investigations consists of wood mouldings and millwork products that are made of wood (regardless of wood species), bamboo, laminated veneer lumber (LVL), or of wood and composite materials (where the composite materials make up less than 50 percent of the total merchandise), and which are continuously shaped wood or finger‐jointed or edge-glued moulding or millwork blanks (whether or not resawn).

Status of Proceedings:

  1. Type of investigation: Final countervailing duty and antidumping duty investigations.

  2. Petitioners: The Coalition of American Millwork Producers is comprised of Best Moulding Corporation, Albuquerque, NM; Bright Wood Corporation, Madras, OR; Cascade Wood Products, Inc., White City, OR; Endura Products, Inc., Colfax, NC; Menzner Lumber and Supply Company, Marathon, WI; Pacific Wood Laminates, Brookings, OR; Sierra Pacific Industries, Red Bluff, CA; Sunset Moulding, Live Oak, CA; Woodgrain Millwork Inc., Fruitland, ID; and Yuba River Moulding, Yuba City, CA.

  3. USITC Institution Date: Wednesday, January 8, 2020.

  4. USITC Hearing Date: Tuesday, December 22, 2020.

  5. USITC Vote Date: Friday, January 22, 2021.

  6. USITC Notification to Commerce Date: Monday, February 8, 2021. Read More→

https://www.usitc.gov/press_room/news_release/2021/er0122ll1705.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN IP CAMERA SYSTEMS INCLUDING VIDEO DOORBELLS AND COMPONENTS THEREOF

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

The investigation is based on a complaint filed by SkyBell Technologies, Inc. and SB IP Holdings, LLC, both of Irvine, CA, and Eyetalk365, LLC, of Cornelius, NC, on December 18, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain IP camera systems including video doorbells and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

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

Vivint Smart Home, Inc., of Provo, UT;
SimpliSafe, Inc., of Boston, MA; and
Arlo Technologies, Inc., of San Jose, CA.

By instituting this investigation (337-TA-1242), 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/2021/er0125ll1706.htm

WOOD MOULDINGS AND MILLWORK PRODUCTS FROM CHINA INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of wood mouldings and millwork products from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

Chair Jason E. Kearns and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.  Vice Chairman Randolph J. Stayin did not participate in these investigations.

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

The Commission’s public report Wood Mouldings and Millwork Products from China (Inv. Nos. 701-TA-636 and 731-TA-1470 (Final), USITC Publication 5157, February 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 1, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Wood Mouldings and Millwork Products from China
Investigation Nos. 701-TA-636 and 731-TA-1470 (Final)

Product Description:  The merchandise subject to these investigations consists of wood mouldings and millwork products that are made of wood (regardless of wood species), bamboo, laminated veneer lumber (LVL), or of wood and composite materials (where the composite materials make up less than 50 percent of the total merchandise), and which are continuously shaped wood or finger‐jointed or edge-glued moulding or millwork blanks (whether or not resawn).

Status of Proceedings:

  1. Type of investigation: Final countervailing duty and antidumping duty investigations.

  2. Petitioners: The Coalition of American Millwork Producers is comprised of Best Moulding Corporation, Albuquerque, NM; Bright Wood Corporation, Madras, OR; Cascade Wood Products, Inc., White City, OR; Endura Products, Inc., Colfax, NC; Menzner Lumber and Supply Company, Marathon, WI; Pacific Wood Laminates, Brookings, OR; Sierra Pacific Industries, Red Bluff, CA; Sunset Moulding, Live Oak, CA; Woodgrain Millwork Inc., Fruitland, ID; and Yuba River Moulding, Yuba City, CA.

  3. USITC Institution Date: Wednesday, January 8, 2020.

  4. USITC Hearing Date: Tuesday, December 22, 2020.

  5. USITC Vote Date: Friday, January 22, 2021.

  6. USITC Notification to Commerce Date: Monday, February 8, 2021.

U.S. Industry in 2019:

1.  Number of U.S. producers:  15.
2.  Location of producers’ plants:  Alabama, California, Georgia, Idaho, Kentucky, Nevada, New Mexico, North Carolina, Ohio, Oregon, Tennessee, Texas, Virginia, Washington, and Wisconsin.
3.  Production and related workers:  2,452.
4.  U.S. producers’ U.S. shipments:  178.8 million board feet.
5.  Apparent U.S. consumption:  1.0 billion board feet.
6.  Ratio of subject imports to apparent U.S. consumption:  24.8 percent.

U.S. Imports in 2019:

1.  Subject imports:  249.9 million board feet.
2.  Nonsubject imports:  589.5 million board feet.
3.  Leading import sources:  Brazil, China, and Chile.

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https://www.usitc.gov/press_room/news_release/2021/er0122ll1705.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRICAL CONNECTORS AND CAGES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electrical connectors and cages, 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 Amphenol Corp. of Wallingford, CT, on December 18, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electrical connectors and cages, 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:

Luxshare Precision Industry Co., Ltd., of Dongguan City, Guangdong Province, China;
Dongguan Luxshare Precision Industry Co. Ltd. of Dongguan City, Guangdong Province, China;
Luxshare Precision Limited (HK) of Fotan, New Territories, Hong Kong; and
Luxshare-ICT Inc. of Milpitas, CA.

By instituting this investigation (337-TA-1241), 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/2021/er0121ll1704.htm

Centers of Excellence and Expertise Directory

U.S. Customs and Border Protection (CBP) has designated new Centers of Excellence and Expertise (Centers) team codes within the Automated Commercial Environment (ACE) modules. 

  • The new team codes will follow an alphabetical format, e.g. ABC, where the first letter will represent a Center, and the secondary and tertiary letters will be used by the Centers to direct transactions to a specific work unit or team.

  • Legacy numerical team codes will automatically be replaced on newly submitted entry summaries and phased out as existing entries liquidate. As such, existing team codes will remain in effect for existing transactions.

  • Please refer to CSMS #43089259 for additional details

CENTERS OF EXCELLENCE AND EXPERTISE DIRECTORY.GIF

Suspension of Tariff Action in France Digital Services Tax Investigation

01/07/2021

Washington, DC – The U.S. Trade Representative has determined to suspend the tariff action in the Section 301 investigation of France’s Digital Services Tax (DST).  The additional tariffs on certain products of France were announced in July 2020, and were scheduled to go into effect on January 6, 2021.  The U.S. Trade Representative has decided to suspend the tariffs in light of the ongoing investigation of similar DSTs adopted or under consideration in ten other jurisdictions.  Those investigations have significantly progressed, but have not yet reached a determination on possible trade actions.  A suspension of the tariff action in the France DST investigation will promote a coordinated response in all of the ongoing DST investigations.

The suspension of the France DST tariffs is set out in a notice sent for publication in the Federal Register.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/january/suspension-tariff-action-france-digital-services-tax-investigation

List of Participating Countries and Entities in the Kimberley Process Certification Scheme, Known as “Participants” for the Purposes of the Clean Diamond Trade Act of 2003...

(Pub. L. 108-19) and Section 2 of Executive Order 13312 of July 29, 2003

ACTION:

Notice.

SUMMARY:

The Department of State is updating the list of Participants eligible for trade in rough diamonds under the Act, and their respective Importing and Exporting Authorities, revising the previously published list of July 5, 2019, to reflect the addition of the United Kingdom as an independent Participant, among other changes.

DATES:

This notice is effective on January 8, 2021.

FOR FURTHER INFORMATION CONTACT:

Pamela Fierst-Walsh, Senior Advisor, Bureau of Economic and Business Affairs, Department of State, (202) 647-6116.

SUPPLEMENTARY INFORMATION:

Section 4 of the Clean Diamond Trade Act of 2003, Public Law 108-19 (the “Act”) requires the President to prohibit the importation into, or the exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme (KPCS). Under Section 3(2) of the Act, “controlled through the Kimberley Process Certification Scheme” means an importation from the territory of a Participant or exportation to the territory of a Participant of rough diamonds that is either (i) carried out in accordance with the KPCS, as set forth in regulations promulgated by the President, or (ii) controlled under a system determined by the President to meet substantially the standards, practices, and procedures of the KPCS. The referenced regulations are contained at 31 CFR part 592 (“Rough Diamond Control Regulations”) (68 FR 45777, August 4, 2003).

Section 6(b) of the Act requires the President to publish in the Federal Register a list of all Participants, and all Importing and Exporting Authorities of Participants, and to update the list as necessary. Section 2 of Executive Order 13312 of July 29, 2003 delegates this function to the Secretary of State. Section 3(7) of the Act defines “Participant” as a state, customs territory, or regional economic integration organization identified by the Secretary of State. Section 3(3) of the Act defines “Exporting Authority” as one or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate a Kimberley Process Certificate. Section 3(4) of the Act defines “Importing Authority” as one or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regarding imports, including the verification of the Kimberley Process Certificate accompanying the shipment.

List of Participants

Pursuant to Sections 3 and 6 of the Act, Section 2 of Executive Order 13312,Department of State Delegations of Authority No. 245-1 (February 13, 2009), and No. 376 (October 31, 2011), I hereby identify the following entities as Participants under section 6(b) of the Act. Included in this List are the Importing and Exporting Authorities for Participants, as required by Section 6(b) of the Act. This List is published solely for the purpose of implementing the mandates cited above and does not reflect or prejudice any other regulation or prohibition that may apply with respect to trading, doing business, or engaging in any other transaction with any of the listed countries or entities. This list revises the revising the previously published list of July 5, 2019 to reflect the addition of the United Kingdom as an independent Participant, among other changes. Read More→

https://www.federalregister.gov/documents/2021/01/08/2021-00062/list-of-participating-countries-and-entities-in-the-kimberley-process-certification-scheme-known-as

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN PLANT-DERIVED RECOMBINANT HUMAN SERUM ALBUMINS (RHSA) AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain plant-derived recombinant human serum albumins (“rHSA”) and products containing 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 Ventria Bioscience Inc. of Junction City, KS, on December 16, 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 plant-derived recombinant human serum albumins (“rHSA”) and products containing same by reason of (a) infringement of patents asserted by the complainant and (b) false designation of origin.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. 

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

Wuhan Healthgen Biotechnology Corp. of Wuhan, China;
ScienCell Research Laboratories, Inc., of Carlsbad, CA;
Aspira Scientific, Inc., of Milpitas, CA; and
eEnzyme LLC of Gaithersburg, MD.

By instituting this investigation (337-TA-1238), 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/2021/er0115ll1701.htm

PRESTRESSED CONCRETE STEEL WIRE STRAND FROM ARGENTINA, COLOMBIA, EGYPT, NETHERLANDS, SAUDI ARABIA, TAIWAN, TURKEY, AND THE UNITED ARAB EMIRATES INJURES 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 prestressed concrete steel wire strand from Argentina, Colombia, Egypt, Netherlands, Saudi Arabia, Taiwan, Turkey, and the United Arab Emirates 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 government of Turkey.

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 a countervailing duty order on imports of this product from Turkey and antidumping duty orders on imports of this product from Argentina, Colombia, Egypt, Netherlands, Saudi Arabia, Taiwan, Turkey, and the United Arab Emirates.

The Commission also made negative findings concerning critical circumstances with regard to imports of this product from Colombia, Egypt, Netherlands, and Turkey that are sold in the United States at less than fair value.  As a result, these imports will not be subject to retroactive antidumping duties.

The Commission’s public report Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, Netherlands, Saudi Arabia, Taiwan, Turkey, and the United Arab Emirates (Inv. Nos. 701-TA-646 and 731-TA- 731-TA-1502-1504, 1508-1509, 1512, 1514, and 1516 (Final), USITC Publication 5153, January 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by February 11, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Read More→

https://www.usitc.gov/press_room/news_release/2021/er0108ll1699.htm

USITC TO INVESTIGATE EFFECT OF IMPORTS ON THE U.S. CUCUMBER AND SQUASH INDUSTRIES, WITH A FOCUS ON THE U.S. SOUTHEAST

The U.S. International Trade Commission (USITC) is seeking input for two new general factfinding investigations on the effects of imported cucumbers and imported squashes on the U.S. seasonal cucumber and squash markets.

The investigations, Cucumbers: Effect of Imports on U.S. Seasonal Markets, with a Focus on the U.S. Southeast, and Squash: Effect of Imports on U.S. Seasonal Markets, with a Focus on the U.S. Southeast, were requested by the U.S. Trade Representative (USTR) in a letter received on December 7, 2020.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will examine the effect of imports on the domestic seasonal markets of cucumbers and squash in separate but concurrent investigations and produce two separate reports. The reports will provide, to the extent practical:

  • descriptions of the effects of imports on the domestic seasonal markets of the products in question, with particular focus on production and the competitiveness of cucumbers and squash grown in the Southeastern United States;

  • information on recent trends in trade in these products between the United States and its trading partners, including information on seasonal patterns of trade; and

  • descriptions of monthly price trends for these products in the United States, including an analysis and comparison of the prices of domestically produced and imported products in the U.S. market, with a focus on the 2015-2020 time period.

The USITC expects to transmit both of its reports to the USTR no later than December 7, 2021.

The USITC will hold a public hearing in connection with the investigations at 9:30a.m. on April 8, 2021.  Because COVID-19 mitigation measures are in effect, the public hearing will be held via the WebEx videoconference platform.

Information about how to participate in the hearing will be posted on the Commission’s website no later than March 11, 2021, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm.

Requests to appear at the hearing should be filed no later than 5:15 p.m. on March 25, 2021, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on April 27, 2021. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings to appear at the hearing and written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notices of investigation (Cucumbers investigation; Squash investigation), dated January 8, 2021, which can be  downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.

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/2021/er0108ll1700.htm

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.

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:

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.”

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