CBP Modifies Forced Labor Finding on Top Glove Corporation Bhd.

WASHINGTON — U.S. Customs and Border Protection announced today that it has modified the forced labor Finding on Top Glove Corporation Bhd.  Effective immediately, CBP will permit the importation of disposable gloves made at Top Glove facilities in Malaysia.

US Customs and Border Protection Official Seal

“Withhold Release Orders and Findings send a strong message to U.S. importers about the costs associated with doing business with entities that exploit forced labor, but they also offer a path to remediation,” said Secretary of Homeland Security Alejandro N. Mayorkas. “This is a great example of the extraordinary efforts of U.S. Customs and Border Protection to protect human rights and American consumers and businesses from goods made by modern slavery.”

“CBP modified a Finding after thoroughly reviewing evidence that Top Glove has addressed all indicators of forced labor identified at its Malaysian facilities,” said CBP Acting Commissioner Troy Miller. “Top Glove’s actions in response to the Withhold Release Order, which include issuing more than $30 million in remediation payments to workers and improving labor and living conditions at the company’s facilities, suggest that CBP’s enforcement efforts provide a strong economic incentive for entities to eliminate forced labor from their supply chains.” 

On March 29, 2021, CBP published a Finding in the Customs Bulletin and the Federal Register against disposable gloves produced in Malaysia by Top Glove. CBP personnel were instructed to begin seizing shipments of those gloves due to information indicating that Top Glove used forced labor to produce them. 

The Finding expanded upon a Withhold Release Order (WRO) that CBP issued in July 2020.  That WRO was based on reasonable but not conclusive information of multiple forced labor indicators in Top Glove’s production process, including debt bondage, excessive overtime, abusive working and living conditions, and retention of identity documents. 

19 U.S.C. 1307 prohibits the importation of merchandise produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor.  When CBP has information reasonably indicating that imported goods are made by forced labor, the agency will order personnel at U.S. ports of entry to detain shipments of those goods.  Importers of detained shipments will forfeit the merchandise if they do not export their shipments or demonstrate – in accordance with the requirements of 19 C.F.R §12.43 – that the merchandise was not produced with forced labor. 

If CBP has evidence sufficient to determine that imported goods were produced using forced labor, the agency will publish a Finding to that effect in the Federal Register pursuant to 19 C.F.R. §12.42(f).  CBP seizes shipments subject to Findings unless the importer can prove to CBP’s satisfaction that, per 19 C.F.R §12.43, the merchandise was not produced with forced labor. 

CBP has established a process through which interested parties may request the modification or revocation of a Withhold Release Order or Finding.  The required evidence and timeline for modification or revocation may vary depending upon the specific circumstances of each individual case.  CBP does not modify Withhold Release Orders or Findings until the agency has evidence demonstrating that the subject merchandise is no longer produced, manufactured, or mined using forced labor.  

Notice of the modification of the forced labor Finding on Top Glove is available in the Federal Register and in the Customs Bulletin. 

Follow CBP Office of Trade on Twitter @CBPTradeGov.

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.

Last modified:

September 10, 2021

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https://www.cbp.gov/newsroom/national-media-release/cbp-modifies-forced-labor-finding-top-glove-corporation-bhd

USITC RELEASES THE YEAR IN TRADE 2020

The unique global trade environment created by the COVID-19 pandemic in 2020 is a focus of The Year in Trade 2020, released today by the U.S. International Trade Commission (USITC).

This year’s publication includes highlights of global macroeconomic and trade trends during the pandemic and reports on its impact on key sectors.

The USITC's The Year in Trade, published annually, is one of the government's most comprehensive reports regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 72nd in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.

In addition to the global pandemic overview, The Year in Trade 2020 reviews:

• U.S. international trade laws and actions under these laws, including U.S. antidumping, countervailing duty, safeguard, intellectual property rights infringement, national security, and section 301 cases active in 2020;

• The operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, the Nepal Trade Preferences Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;

• World Trade Organization (WTO) dispute settlement decisions and other significant activities in the WTO, the Organisation for Economic Co-operation and Development, and the Asia-Pacific Economic Cooperation forum, and under the Trade and Investment Framework Agreements;

• Negotiations on agreements with Japan, Kenya, the European Union, and the United Kingdom; the implementation of the United States-Canada-Mexico Agreement; and developments regarding the North American Free Trade Agreement and other U.S. FTAs already in effect; and

• Bilateral trade issues with selected major U.S. trading partners -- the European Union, China, Mexico, Canada, Japan, the United Kingdom, and India.

The report also provides an overview of U.S. trade in goods and services during 2020. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and FTAs.

The Year in Trade 2020 (USITC Publication 5228, September 2021) will be posted on the USITC's Internet site at https://www.usitc.gov/sites/default/files/publications/332/pub5228.pdf.

A set of interactive, web-based presentations of underlying data is also available at:

• Appendix A - https://www.usitc.gov/publications/332/yit_appendixa2020.html

• Trade Balance - https://www.usitc.gov/publications/332/yit_tradebalance2020.html

• Sector - https://www.usitc.gov/publications/332/yit_sidebysidedonut.html

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https://www.usitc.gov/press_room/news_release/2021/er0907ll1821.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN LAPTOPS, DESKTOPS, SERVERS, MOBILE PHONES, TABLETS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain laptops, desktops, servers, mobile phones, tablets, 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 Sonrai Memory Ltd. of Dublin, Ireland, on August 2, 2021.  An amended complaint was filed on August 6, 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 laptops, desktops, servers, mobile phones, tablets, 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 the following as respondents in this investigation:

Amazon.com, Inc., of Seattle, WA;
Dell Technologies Inc. of Round Rock, TX;
EMC Corporation of Round Rock, TX;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
LG Electronics Inc. of Seoul, South Korea;
LG Electronics USA, Inc., of Englewood Cliffs, NJ;
Samsung Electronics Co., Ltd., of Suwon-si, Gyeonggi-do, South Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.

By instituting this investigation (337-TA-1280), 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/er0831ll1820.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN RADIO FREQUENCY TRANSMISSION DEVICES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency transmission devices 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 Zebra Technologies Corporation of Lincolnshire, IL, on July 28, 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 radio frequency transmission devices and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified OnAsset Intelligence, Inc., of Irving, TX, as the respondent in this investigation.

By instituting this investigation (337-TA-1278), 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/er0827ll1818.htm

WTO Panel Rejects China’s Solar Safeguard Challenge

September 02, 2021

WASHINGTON – A WTO dispute settlement panel today issued a public report rejecting China’s challenges to the U.S. safeguard tariffs on solar products in the dispute United States – Safeguard Measure on Imports of Crystalline Silicon Photovoltaic Products (DS562).  This is the first successful defense of a general safeguard action before a WTO dispute panel.
  
“I welcome the WTO panel’s findings rejecting China’s challenges to the U.S. solar safeguard as baseless,” said Ambassador Katherine Tai. “The Biden-Harris Administration is committed to ensuring America’s role in resilient clean energy supply chains as part of the Build Back Better agenda. We must make historic infrastructure investments that unlock the full potential of solar power and create good-paying jobs in cutting-edge fields that will help address the climate crisis.”

In early 2018, the United States imposed the solar safeguard measure to support the domestic solar industry’s efforts to adjust to import competition primarily attributable to excess solar cell and module capacity by Chinese producers in China and around the world and exacerbated by China’s non-market practices.  The safeguard was established after the U.S. International Trade Commission (USITC) found that the domestic solar industry was being seriously injured by increased imports.  The safeguard imposes a tariff-rate quota on imports of cells and a tariff on modules over a four-year period currently set to expire on February 6, 2022.  Domestic producers have asked the USITC to review a safeguard extension.  That review is ongoing.

In July 2019, China requested the establishment of a WTO panel alleging that the U.S. imposition of the safeguard was inconsistent with various obligations under the General Agreement on Tariffs and Trade 1994 and the WTO Agreement on Safeguards.  The Panel rejected all of China’s claims.  

Specifically, the Panel found that the United States established that solar imports had increased as a result of unforeseen developments, established a causal link between increased imports and serious injury to the domestic industry, and appropriately considered other factors besides increased imports that were allegedly causing injury to the domestic industry.  The full report on the WTO panel’s decision is available here.

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/september/wto-panel-rejects-chinas-solar-safeguard-challenge

Preliminary Determination in the Countervailing Duty Investigation of Organic Soybean Meal from India

On August 31, 2021, the Department of Commerce (Commerce) announced its affirmative preliminary determination in the countervailing duty (CVD) investigation of organic soybean meal from India.

Preliminary Subsidiary Rates +

Case Calendar +

Import Statistics +

Additional Case Information +

https://www.trade.gov/faq/preliminary-determination-countervailing-duty-investigation-organic-soybean-meal-india

Assessment of Fees for Dairy Import Licenses for the 2022 Tariff-Rate Import Quota Year

AGENCY:

Foreign Agricultural Service, USDA.

ACTION:

Notice.

SUMMARY:

This notice announces a fee of $324 to be charged for the 2022 tariff-rate quota (TRQ) year for each license issued to a person or firm by the Department of Agriculture authorizing the importation of certain dairy articles, which are subject to tariff-rate quotas set forth in the Harmonized Tariff Schedule (HTS) of the United States.

DATES:

September 2, 2021.

FOR FURTHER INFORMATION CONTACT:

Abdelsalam El-Farra, Dairy Import Licensing Program, Foreign Agricultural Service, U.S. Department of Agriculture, at (202) 720-9439; or by email at: abdelsalam.el-farra@fas.usda.gov.

SUPPLEMENTARY INFORMATION:

The Dairy Tariff-Rate Quota Import Licensing Regulation promulgated by the Department of Agriculture and codified at7 CFR 6.20 through 6.36 provides for the issuance of licenses to import certain dairy articles that are subject to TRQs set forth in the HTS. Those dairy articles may only be entered into the United States at the in-quota TRQ tariff-rates by or for the account of a person or firm to whom such licenses have been issued and only in accordance with the terms and conditions of the regulation. Read More→

https://www.federalregister.gov/documents/2021/09/02/2021-19090/assessment-of-fees-for-dairy-import-licenses-for-the-2022-tariff-rate-import-quota-year

Adjustment of Appendices Under the Dairy Tariff-Rate Quota Import Licensing Regulation

AGENCY:

Foreign Agricultural Service, USDA.

ACTION:

Notice.

SUMMARY:

This notice announces the transfer of amounts for certain dairy articles from the historical license category (Appendix 1) to the lottery (nonhistorical) license category (Appendix 2) pursuant to the Dairy Tariff-Rate Quota Import Licensing regulations for the 2021 quota year. In addition, adjustments have been made to the Appendices to reflect changes to United Kingdom (UK) and European Union (EU) country allocations for certain tariff rate quotas (TRQs) and other changes to the Harmonized Tariff Schedule of the United States (HTSUS) made by the U.S. Trade Representative in response to the withdrawal of the UK from the EU and the accession of Croatia to the EU, which will go into effect for the 2022 quota year. Appendices 1 and 2 for the EU-27 for Additional U.S. Note 16 to Chapter 4 have also been adjusted to account for a clerical error in last year's Appendices 1 and 2 published amounts. This correction does not increase the overall quantity allotted to the EU-27 and the UK. Read More→

https://www.federalregister.gov/documents/2021/09/02/2021-19106/adjustment-of-appendices-under-the-dairy-tariff-rate-quota-import-licensing-regulation

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CERTAIN CARBON AND ALLOY STEEL STANDARD, LINE, AND PRESSURE PIPE FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of certain seamless carbon and alloy steel standard, line, and pressure pipe 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 Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China (Inv. Nos. 701-TA-469 and 731-TA-1168 (Second Review), USITC Publication 5229, September 2021) will contain the views of the Commission and information developed during the reviews.

The report will be available by September 22, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information.  Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China were instituted on February 1, 2021.

On May 7, 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/er0819ll1814.htm

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING UREA AMMONIUM NITRATE SOLUTIONS FROM RUSSIA AND TRINIDAD AND TOBAGO

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of urea ammonium nitrate solutions from Russia and Trinidad and Tobago that are allegedly subsidized and sold in the United States at less than fair value.

Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative. 

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of urea ammonium nitrate solutions from Russia and Trinidad and Tobago, with its preliminary countervailing duty determinations due on or about September 23, 2021, and its antidumping duty determinations due on or about December 7, 2021.

The Commission’s public report Urea Ammonium Nitrate Solutions from Russia and Trinidad and Tobago (Inv. Nos. 701-TA-668-669 and 731-TA-1565-1566 (Preliminary), USITC Publication 5226, August 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available after September 13, 2021; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Urea Ammonium Nitrate (UAN) Solutions from Russia and Trinidad and Tobago
Investigation Nos. 701-TA-668-669 and 731-TA-1565-1566 (Preliminary)

Product Description:  Urea Ammonium Nitrate Solutions (UAN) are popular large volume aqueous liquid mixtures of the nitrogen fertilizers organic urea [CO(NH2)2] and inorganic ammonium nitrate, (NH4NO3). The product contains a solution of 28 to 32 percent plant available nitrogen (N) by weight in 20 to 30 percent water, the 32 percent N grade preferred due to its higher N analysis and transportation economics. The product is mildly acidic and contains a corrosion inhibitor additive. UAN is a preferred liquid nitrogen fertilizer because of its safe handling and versatile crop nutrient profile. Ammonium nitrate is a fast-acting inorganic fertilizer ideal for fertilization of emerging crops, while urea provides a more sustained slower release fertilization. Half of the total plant available N content of UAN solution comes from ammonium nitrate, and the other half from urea.  Additionally, UAN can be blended with essential multinutrient liquid solutions of phosphate and potassium, together with pesticides, further providing efficiency in a single application. UAN is popularly used across the United States and Europe where applicable infrastructure is available to fertilize a variety of row crops and other plant species by direct spray or sidedressing, irrigation or foliar fertilization. UAN primary feedstock is ammonia (NH3) derived from natural gas (CH4) and atmospheric nitrogen (N2). Read More→

https://www.usitc.gov/press_room/news_release/2021/er0813ll1811.htm

Preliminary Determination in the Antidumping Duty Investigation of Pentafluoroethane (R-125) from China

On August 11, 2021, the Department of Commerce (Commerce) announced its affirmative preliminary determination in the antidumping duty (AD) investigation of pentafluoroethane (R-125) from China.

Preliminary Dumping Rates:

Case Calendar

Import Statistics

Additional Case Information

The petitioner is Honeywell International, Inc. (Charlotte, NC).

Commerce found preliminarily that “critical circumstances” exist with respect to imports of R-125 from China for the separate rate companies and the China-wide entity. Consequently, Commerce will instruct CBP to impose provisional measures retroactively on entries of R-125 from China, effective 90 days prior to publication of the preliminary determination in the Federal Register, for the affected producers/exporters.

For general information and next steps, please refer to a list of FAQs for the preliminary determination.

Additional case information including the scope of the investigation are on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Once you log in, please refer to case number A-570-137.

Commerce currently maintains 622 AD and countervailing duty (CVD) orders which provide relief to American companies and industries impacted by unfair trade.

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