USDA AMS EU DAIRY EXPORT VERIFICATION PROGRAM

Date

August 13, 2021

As of January 15, 2022, the European Union (EU) will require new health certificates for U.S. dairy products exported to the EU. USDA’s Agricultural Marketing Service (AMS) will be prepared to issue these new health certificates.

AMS is amending the existing EU Dairy Export Verification Program to verify that the U.S. milk used for products exported to the EU is sourced from establishments regulated under the Grade “A” Pasteurized Milk Ordinance or the USDA AMS Milk for Manufacturing Purposes and its Production and Processing Recommended Requirements program. Entities throughout the supply chain are expected to maintain records to demonstrate that milk used for export to the EU was sourced from one of these programs.

Based on verbal and written technical exchanges with the EU Directorate-General for Health and Food Safety, participation in these programs combined with the oversight provided by the Food and Drug Administration and the Animal and Plant Health Inspection Service is sufficient for AMS to endorse the attestations on the new certificates established in Commission Implementing Regulation (EU) 2020/2235.

To minimize the impact on the U.S. dairy industry, AMS will implement slight changes to its current program to check existing records at milk processing plants or dairy cooperative milk suppliers. AMS will verify milk sources when conducting regular audits for compliance with the existing EU Somatic Cell Count (SCC) and Bacteria Standard Plate Count (SPC) requirements. AMS expects that this review will add minimal time to our routine audits. Entities that fail to maintain such records will be expected to take corrective actions and will be subject to further review.

In addition to slight modifications to the EU Dairy Export Verification Program, AMS is preparing to issue new EU export certificates in its Agriculture Trade Licensing & Attestation Solution (ATLAS) system. Additional details and instructions on these new EU certificates are under development and will be made available on the AMS website.

USDA is an equal opportunity provider, employer, and lender

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https://www.ams.usda.gov/content/usda-ams-eu-dairy-export-verification-program

APHIS Revising the Animal and Animal Product Import Regulations to Reflect the Exit of the United Kingdom from the European Union

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is revising the animal and animal product import regulations to reflect the exit of the United Kingdom (UK) from the European Union (EU).  The revised regulations will treat as separate entities Great Britain (England, Scotland, and Wales) (GB) and Northern Ireland in various lists and definitions.

APHIS is also announcing that, for an interim period, during which the UK will transition to and implement their new animal health laws and policies, the current APHIS import conditions for animals and animal products from the UK will continue to apply to imports from GB.

In addition, we are announcing that because of Northern Ireland’s stated intent to continue to follow EU animal health regulations and policies, we intend to consider the animal health statuses of Northern Ireland to be the same animal health statuses of equivalent EU Member States, wherever appropriate.

We are also updating our definition of the EU, where necessary, to include Croatia.

Lastly, we are further revising the regulations to update the names of staff offices and websites, and we are making other minor changes.

Additional information on this action can be found in the Federal Register.

https://www.aphis.usda.gov/aphis/newsroom/federal-register-posts/sa_by_date/sa_2021/uk-regulations

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN NETWORKING DEVICES, COMPUTERS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain networking devices, computers, 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 Proven Networks, LLC, of Los Angeles, CA, on June 1, 2021.  The complaint was amended on July 11, 2021, and the amended complaint was supplemented on July 27, 2021.  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 networking devices, computers, and components thereof 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 F5 Networks, Inc., of Seattle, WA, as the respondent in this investigation.

By instituting this investigation (337-TA-1275), 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/er0810ll1810.htm

July 2021 Trade Bulletin

Highlights of This Month’s Edition

• U.S.-China Trade: In May 2021, U.S. exports to China were $12.4 billion, an increase of nearly 29 percent over the same month in 2020, while imports from China totaled $38.7 billion, up 5.8 percent; year-to-date, the U.S. goods deficit with China continued to grow, reaching $130.7 billion.

• Supply Chain Security: The Biden Administration formulates strategy to revitalize U.S. manufacturing capabilities in key industries following review of supply chain vulnerabilities.

• Forced Labor: The Biden Administration and the U.S. Congress took additional steps to restrict imports related to forced labor in Xinjiang, reflecting broad bipartisan recognition of abuses and need for action.

• China’s Anti-Foreign Sanctions Law: China’s National People’s Congress passed broad legislation to counter foreign sanctions with potentially significant consequences for foreign business and entities operating in China.

• COVID-19 Economic Disruptions: COVID-19-related lockdowns at Guangdong ports precipitated a regional shipping bottleneck, exacerbating the rise in global shipping prices; Chinese government extended border restrictions to the second half of 2022, indicating China’s economy is unlikely to reopen fully for at least a year.

• Cryptocurrency Crackdown: Chinese government’s expanding crackdowns on cryptocurrency mining and related business cause rapid drop in value in digital currency markets.

• In Focus: China’s Data Governance: The June passage of China’s Data Security Law, the latest in a series of laws on data, underscores the Chinese government’s increasing efforts to gain control of data stored in China and to influence international data governance practices. Read More→

https://www.uscc.gov/trade-bulletins/july-2021-trade-bulletin

UTILITY SCALE WIND TOWERS FROM SPAIN 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 utility scale wind towers from Spain that the U.S. Department of Commerce (Commerce) has determined are 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 determination, Commerce will issue an antidumping duty order on imports of this product from Spain.

The Commission’s public report Utility Scale Wind Towers from Spain (Inv. Nos. 731-TA-1545 (Final), USITC Publication 5219, August 2021) will contain the views of the Commission and information developed during the investigation. 

The report will be available by August 27, 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/er0727ll1803.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN INTEGRATED CIRCUITS AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits 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 MediaTek Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San Jose, CA, on June 21, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain integrated circuits and products containing same 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:

NXP Semiconductors N.V. of Eindhoven, Netherlands;
NXP USA, Inc., of Austin, TX;
Avnet, Inc., of Phoenix, AZ;
Arrow Electronics, Inc., of Centennial, CO;
Mouser Electronics, Inc., of Mansfield, TX;
Continental AG of Hanover, Germany;
Continental Automotive GmbH of Hanover, Germany;
Continental Automotive Systems, Inc., of Auburn Hills, MI;
Robert Bosch GmbH of Gerlingen-Schillerhöhe, Germany; and
Robert Bosch LLC of Farmington Hills, MI.

By instituting this investigation (337-TA-1272), 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. Read More→

https://www.usitc.gov/press_room/news_release/2021/er0722ll1801.htm

U.S. PROCESSED RASPBERRY INDUSTRY IN WASHINGTON STATE PRODUCES PREMIUM PRODUCT BUT CHALLENGED BY HIGH PRODUCTION COSTS AND GEOGRAPHIC CONCENTRATION, REPORTS USITC

The United States, Chile, and Serbia are highly competitive suppliers to the U.S. market for high value processed raspberry products, while Chile and Mexico are the most reliable suppliers, according to a new report by the U.S. International Trade Commission (USITC).

The U.S. processed raspberry industry in Washington State was a high cost producer of premium products, accounting for about two-fifths of a more than $1 billion market during 2015-2020, according to the report.

The investigation, Raspberries for Processing: Conditions of Competition between U.S. and Foreign Suppliers, with a Focus on Washington State, was requested by the United States Trade Representative in a letter received on April 9, 2020.

Most production of U.S.-grown raspberries for processing occurs in Washington State, and to a lesser extent in California and Oregon.  The primary focus of the USITC investigation was on the industry in Washington.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the industry competitiveness of major raspberry suppliers to the United States and U.S. market pricing dynamics.  The Commission also provided a quantitative assessment of the economic impact of imports.

The USITC was asked to investigate processed raspberries, including fresh raspberries that are used as inputs for processed products.  These berries come from both domestic and foreign sources and may be fresh for processing, individually quick frozen (IQF), or non-IQF (block frozen raspberries, purees, and juice products). 

The USITC findings include:

• The U.S. processed raspberry industry benefits from mechanization and a high level of vertical integration, while geographic concentration and high production costs limit its competitiveness.

• The United States (Washington State), Chile, and Serbia were highly competitive suppliers to the U.S. market in terms of product differentiation, and Chile and Mexico were highly competitive in terms of reliability of supply. Mexico was the only U.S. supplier assessed as highly competitive in terms of delivered costs. Read More→

https://www.usitc.gov/press_room/news_release/2021/er0709ll1796.htm

Treasury Department and the State Bank of Vietnam for Reaching an Agreement Regarding Vietnam’s Currency Practices

07/19/2021

WASHINGTON – United States Trade Representative Katherine Tai today released a statement welcoming the Department of the Treasury and the State Bank of Vietnam’s (SBV) agreement to address U.S. concerns about Vietnam’s currency practices. As part of its ongoing modernization, the SBV will allow Vietnam’s currency to move in line with the development of Vietnam’s financial and foreign exchange market and with Vietnam’s economic fundamentals.  Today’s announcement is an outcome of the enhanced bilateral engagement between Treasury and the SBV under the U.S. Trade Facilitation and Trade Enforcement Act of 2015.

“I welcome the joint statement between Treasury Secretary Janet Yellen and the State Bank of Vietnam Governor Nguyen Thi Hong on Vietnam’s currency practices,” said Ambassador Katherine Tai. “Countries should not be able to manipulate their exchange rates to gain an unfair competitive advantage in international trade, and I commend Vietnam for its commitment to addressing our concerns. Vietnam can set an important example for the Indo-Pacific region by allowing its exchange rates to move in line with underlying economic fundamentals.”

As highlighted in the joint statement, Vietnam will continue to increase its exchange rate flexibility over time. The State Bank of Vietnam also committed to continue providing information to Treasury with full transparency so it can conduct thorough analysis and reporting on the SBV’s activities in the foreign exchange market.

In light of Treasury and the SBV having reached agreement to address the concerns regarding Vietnam’s currency policies, USTR, in coordination with Treasury, will monitor Vietnam’s implementation of its commitments and work with Vietnam to ensure that it addresses the acts, policies and practices related to the valuation of its currency that were found actionable in the Section 301 investigation.”

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/july/ambassador-katherine-tai-commends-treasury-department-and-state-bank-vietnam-reaching-agreement

Notice of Institution of Investigation; Certain Silicon Photovoltaic Cells and Modules With Nanostructures, and Products Containing the Same

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 11, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Advanced Silicon Group Technologies, LLC of Lowell, Massachusetts. A first supplement was filed on June 17, 2021,Start Printed Page 38357and a second supplement was filed on July 6, 2021. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain silicon photovoltaic cells and modules with nanostructures, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,450,599 (“the '599 patent”); U.S. Patent No. 8,852,981 (“the '981 patent”); U.S. Patent No. 9,601,640 (“the '640 patent”); U.S. Patent No. 9,768,331 (“the '331 patent”); U.S. Patent No. 10,269,995 (“the '995 patent”); and U.S. Patent No. 10,692,971 (“the '971 patent”). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. Read More→

https://www.federalregister.gov/documents/2021/07/20/2021-15325/notice-of-institution-of-investigation-certain-silicon-photovoltaic-cells-and-modules-with

Certain Portable Gaming Console Systems With Attachable Handheld Controllers and Components Thereof II; Notice of Request for Submissions on the Public Interest

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that on July 2, 2021, the presiding administrative law judge (“ALJ”) issued an Initial Determination on Violation of Section 337. The ALJ also issued a recommended determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.

FOR FURTHER INFORMATION CONTACT:

Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-5468. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.For help accessing EDIS, please email EDIS3Help@usitc.gov.General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov.Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Read More→

https://www.federalregister.gov/documents/2021/07/16/2021-15105/certain-portable-gaming-console-systems-with-attachable-handheld-controllers-and-components-thereof

United States and Mexico Announce Course of Remediation for Workers’ Rights Denial at Auto Manufacturing Facility in Silao

07/08/2021

First Course of Remediation under the USMCA Rapid Response Labor Mechanism

Washington and Mexico City – The United States and Mexico today announced a course of remediation which seeks to provide the workers of the General Motors facility in Silao, Mexico with the ability to vote on whether to approve their collective bargaining agreement in free and democratic conditions, and to remediate the denial of the right of free association and collective bargaining to workers at the facility.  This first course of remediation under United States-Mexico-Canada Agreement’s novel Rapid Response Labor Mechanism reflects the shared intent of the United States and Mexico that trade benefit workers.   

Today’s action follows the request for review under the Rapid Response Labor Mechanism which the United States sent to Mexico on May 12, 2021 in response to concerns arising from events preceding, during, and surrounding an April 2021 legitimization vote of a collective bargaining agreement for workers at the facility.  Mexico conducted a review in response to the request, and on June 25 commenced discussions on a remediation plan.  The course of remediation builds on steps already being taken by the Mexican government.  As part of the course of remediation, Mexico will, among other items:
•    ensure that a new legitimization vote is held at the facility by August 20, 2021;

•    have federal inspectors from the Secretariat of Labor and Social Welfare (STPS) present at the facility starting this week, to prevent and address any intimidation and coercion occurring;

•    permit, at and before the new legitimization vote, a robust presence of impartial international observers from the International Labor Organization to be at the facility, and permit domestic observers from a Mexican autonomous institution to be at the vote;

•    distribute accurate workers’ rights information at the facility;

•    investigate and, as appropriate, sanction anyone responsible for the conduct that led to the suspension of the April vote and any other violation of law related to that vote that occurred before the vote, at the vote, after the vote, or in connection with the August vote; and

•    monitor an email address and create and staff a hotline phone number with STPS officials to receive and respond to complaints from workers about the voting process.  

The course of remediation is the result of the commitment of the U.S. and Mexican Governments to workers’ rights and represents a success for the workers in the facility. 

The course of remediation’s end date is September 20, 2021.  

Read the full course of remediation here.

Unofficial Spanish courtesy translation here.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/july/united-states-and-mexico-announce-course-remediation-workers-rights-denial-auto-manufacturing

U.S. PROCESSED RASPBERRY INDUSTRY IN WASHINGTON STATE PRODUCES PREMIUM PRODUCT BUT CHALLENGED BY HIGH PRODUCTION COSTS AND GEOGRAPHIC CONCENTRATION, REPORTS USITC

The United States, Chile, and Serbia are highly competitive suppliers to the U.S. market for high value processed raspberry products, while Chile and Mexico are the most reliable suppliers, according to a new report by the U.S. International Trade Commission (USITC).

The U.S. processed raspberry industry in Washington State was a high cost producer of premium products, accounting for about two-fifths of a more than $1 billion market during 2015-2020, according to the report.

The investigation, Raspberries for Processing: Conditions of Competition between U.S. and Foreign Suppliers, with a Focus on Washington State, was requested by the United States Trade Representative in a letter received on April 9, 2020.

Most production of U.S.-grown raspberries for processing occurs in Washington State, and to a lesser extent in California and Oregon.  The primary focus of the USITC investigation was on the industry in Washington.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the industry competitiveness of major raspberry suppliers to the United States and U.S. market pricing dynamics.  The Commission also provided a quantitative assessment of the economic impact of imports.

The USITC was asked to investigate processed raspberries, including fresh raspberries that are used as inputs for processed products.  These berries come from both domestic and foreign sources and may be fresh for processing, individually quick frozen (IQF), or non-IQF (block frozen raspberries, purees, and juice products).  Read More→

https://www.usitc.gov/press_room/news_release/2021/er0709ll1796.htm

SUBSIDIZED UTILITY SCALE WIND TOWERS FROM MALAYSIA 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 utility scale wind towers from Malaysia that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of Malaysia.

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 determination, Commerce will issue a countervailing duty order on imports of this product from Malaysia.

The Commission’s public report Utility Scale Wind Towers from Malaysia (Inv. Nos. 701-TA- 661 (Final), USITC Publication 5215, July 2021) will contain the views of the Commission and information developed during the investigations.  The report will be available by August 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

Utility Scale Wind Towers from Malaysia
Investigation No. 701-TA-661 (Final)

Product Description:  Wind towers, whether or not tapered, and sections thereof, designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters (164 feet) measured from the base of the tower to the bottom of the nacelle when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Specifically excluded from the scope are (1) nacelles and rotor blades, regardless of whether they are attached to the wind tower; (2) any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections. Read More→

https://www.usitc.gov/press_room/news_release/2021/er0708ll1795.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CASUAL FOOTWEAR AND PACKAGING THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain casual footwear 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 Crocs, Inc., of Broomfield, CO, on June 8, 2021, which complaint was supplemented on June 10, June 17, June 23, and June 28, 2021.  The complaint, as corrected and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain casual footwear and packaging thereof that (i) infringe one or more registered trademarks asserted by the complainant, (ii) are falsely designated as to source, or (iii) dilute one or more of the registered trademarks.  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:

Cape Robbin Inc. of Pomona, CA;
Bijora, Inc., d/b/a Akira of Chicago, IL;
Dr. Leonard’s Healthcare Corp., d/b/a Carol Wright of Edison, NJ;
Crocsky of Austin, TX;
Fullbeauty Brands Inc. d/b/a Kingsize of New York, NY;
Hawkins Footwear, Sports, Military & Dixie Store of Brunswick, GA;
Hobibear Shoes and Clothing Ltd. of Brighton, CO;
Hobby Lobby Stores, Inc. of Oklahoma City, OK;
Ink Tee of Los Angeles, CA;
La Modish Boutique of West Covina, CA;
Legend Footwear, Inc., d/b/a Wild Diva of City of Industry, CA;
Loeffler Randall Inc. of New York, NY;
Maxhouse Rise Ltd. of Hong Kong;
PW Shoes, Inc. a/k/a P&W of Maspeth, NY;
SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co. of Hackensack, NJ;
Shoe-Nami, Inc., of Gretna, LA;
Sketchers USA, Inc., of Manhattan Beach, CA;
Star Bay Group Inc. of Hackensack, NJ;
Yoki Fashion International LLC of New York, NY;
Quanzhou ZhengDe Network Corp., d/b/a Amoji of Quanzhou, Fujian Province, China;
718Closeouts of Brooklyn, NY;
Royal Deluxe Accessories, LLC, of New Providence, NJ; and
Fujian Huayuan Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province, China.

By instituting this investigation (337-TA-1270), 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/er0707ll1791.htm

USITC RELEASES REPORT ESTIMATING THE HISTORICAL IMPACT OF U.S. TRADE AGREEMENTS

U.S. bilateral, regional, and multilateral trade agreements have had a small, positive effect on U.S. output, income, exports and imports, and employment, according to the U.S. International Trade Commission (USITC) report Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Report.

The USITC, an independent, nonpartisan factfinding federal agency, conducted the investigation pursuant to Section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. § 4204(f)(2)). This is the second of two reports that are required by the statute.

As requested, the Commission's report assesses the economic impact on the United States of trade agreements for which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984.

Over time, U.S. trade agreements have expanded in depth and breadth. U.S. trade agreements have maintained or expanded market access through both tariff and nontariff provisions, which both lowered barriers to trade and reinforced market certainty that such free trade regimes will remain in effect.  U.S trade agreements have also included provisions designed to address systemic problems within U.S. FTA partners’ supply chains related to workers’ rights and the environment.

Throughout the report the Commission has used a variety of quantitative and qualitative approaches to analyze the impacts of these agreements, and specific provisions within them, on U.S. industry and workers. The Commission traced the evolution of key provisions, developed economic models that estimate the magnitude of the agreements’ impacts, assessed how individual provisions and provision types have impacted specific industries through a series of case studies, and summarized the empirical literature estimating the effects of trade agreements.   Read More→

https://www.usitc.gov/press_room/news_release/2021/er0629ll1788.htm

Modification of U.S. Tariff-Rate Quotas and the Harmonized Tariff Schedule of the United States

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice.

SUMMARY:

The U.S. Trade Representative is modifying the Harmonized Tariff Schedule of the United States (HTSUS) to divide certain U.S. tariff-rate quotas (TRQs) currently allocated to the European Union (EU), between the EU and the United Kingdom (UK).

DATES:

The changes made by this notice are applicable as of January 1, 2022.

FOR FURTHER INFORMATION CONTACT:

Roger A. Wentzel, Office of Agricultural Affairs, at 202-395-5124, or Roger_Wentzel@ustr.eop.gov.

SUPPLEMENTARY INFORMATION:

On October 17, 2019, the UK and EU agreed to the withdrawal of the UK from the EU and the European Atomic Energy Community (Withdrawal Agreement). As part of the Withdrawal Agreement, the UK and EU agreed to a transition period, which ended on December 31, 2020.

For 2021, the U.S. Trade Representative determined that the UK would continue to be eligible to export under U.S. TRQs allocated to the EU under Additional U.S. Notes 6, 16 to 23, and 25 to Chapter 4 and Additional U.S. Note 5(a) to Chapter 24 of the Harmonized Tariff Schedule of the United States (HTSUS). See Information on 2021 Tariff-Rate Quotas for Exports From the United Kingdom (86 FR 8676).

Beginning in 2022, the U.S. Trade Representative has decided to divide the TRQs allocated to the EU under Additional U.S. Notes 6 and 16 to 18 to Chapter 4 and Additional U.S. Note 5(a) to Chapter 24 of the HTSUS between the EU and the UK according to the average percentage of in-quota imports for the 2013-2015 period and has determined that the UK will have access to a specific in-quota quantity under these notes. The UK otherwise will be eligible to export under U.S. TRQs for Additional U.S. Notes 19 to 23 and 25 to Chapter 4 under the quantities allocated to `other countries or areas.' Read More→

https://www.federalregister.gov/documents/2021/07/06/2021-14344/modification-of-us-tariff-rate-quotas-and-the-harmonized-tariff-schedule-of-the-united-states

Non-Preferential Origin Determinations for Merchandise Imported From Canada or Mexico for Implementation of the Agreement Between the United States of America, ...

the United Mexican States, and Canada (USMCA)

AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury.

ACTION:

Notice of proposed rulemaking; request for comments.

SUMMARY:

This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations regarding non-preferential origin determinations for merchandise imported from Canada or Mexico. Specifically, this document proposes that CBP will apply certain tariff-based rules of origin in the CBP regulations for all non-preferential determinations made by CBP, specifically, to determine when a good imported from Canada or Mexico has been substantially transformed resulting in an article with a new name, character, or use. For consistency, this document also proposes to modify the CBP regulations for certain country of origin determinations for government procurement. Collectively, the proposed amendments in this notice of proposed rulemaking (NPRM) are intended to reduce administrative burdens and inconsistency for non-preferential origin determinations for merchandise imported from Canada or Mexico for purposes of the implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). Elsewhere in this issue of the Federal Register, CBP is publishing an interim final rule to amend various regulations to implement the USMCA for preferential tariff treatment claims. The interim final rule amends the CBP regulations,inter alia,to apply certain tariff-based rules of origin for determining the country of origin for the marking of goods imported from Canada or Mexico. Read More→

APHIS Will Continue To Accept Electronic Phytosanitary Certificates and Forms through December 31, 2021

To help facilitate the clearance of imported plants and plant products during the COVID-19 emergency, APHIS and U.S. Customs and Border Protection (CBP) will accept electronically produced versions of phytosanitary certificates, through December 31, 2021. Acceptable phytosanitary certificates include scanned copies of original certificates, electronic certificates created through a participating country’s ePhyto system, or signed paper forms. Certificates should be legible and include APHIS-required statements. Click for details.

Plant Protection and Quarantine (PPQ) regulates the importation of plants and plant products under the authority of the Plant Protection Act. PPQ maintains its import program to safeguard U.S. agriculture and natural resources from the risks associated with the entry, establishment, or spread of animal and plant pests and noxious weeds.

• Commodity Import Approval Process

• Stakeholder Risk Assessment Consultation

• Integrated Pest Risk Management Measures for Plants for Planting Read More→
  

https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information

Implementation of Sewing Thread Chapter Rule requirement for apparel goods of Chapters 61 and 62 of the Harmonized Tariff Schedule of the United States

Effective July 1, 2021, the United States-Mexico-Canada Free Trade Agreement (USMCA) will implement the sewing thread requirement.

Sewing thread of headings 5204, 5401, 5508, or yarn of heading 5402 (used as sewing thread) and used in apparel products of Chapters 61 and 62 of the Harmonized Tariff Schedule of the United States, will only be considered originating if the thread is both formed and finished in the territory of one or more USMCA parties.

Sewing thread is considered formed and finished in one or more USMCA countries, if all production processes and finishing operations, starting with the extrusion of filaments, strips, film or sheets, and including slitting of a film or sheet into strips, or the spinning of all fibers into yarn, or both, and ending with the finished single or plied thread ready for use for sewing without further processing. (Non- originating fiber maybe used in the production of sewing thread of headings 5204, 5401 or 5508, or yarn of heading 5402 used as sewing thread.)

See General note 11(o), Chapter 61, Rule 3 and Chapter 62, Rule 4 of the HTSUS at the link below:

USITC | United States International Trade Commission

If additional information is needed, please contact Anita Harris, Textile Policy Branch at anita.s.harris@cbp.dhs.gov.

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https://content.govdelivery.com/bulletins/gd/USDHSCBP-2e67d54?wgt_ref=USDHSCBP_WIDGET_2

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING POTASSIUM PHOSPHATE SALTS FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of potassium phosphate 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 this product 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 Potassium Phosphate Salts China (Inv. Nos. 701-TA-473 and 731-TA-1173 (Second Review), USITC Publication 5208, June 2021) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 21, 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 Potassium Phosphate Salts from China were instituted on November 2, 2020.

On February 5, 2021, 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 responses were 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/2021/er0615ll1781.htm