APHIS Adds New Harmonized Tariff Codes to Lacey Act Enforcement Schedule

Washington, D.C., September 23, 2021 - The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) published a notice in the Federal Register announcing the implementation of Phase VI of the Lacey Act enforcement schedule. Effective October 1, 2021, Phase VI will require a plant import declaration for additional products such as essential oils and wooden pallets that are imported into the United States.

To view the notice and the harmonized tariff codes that are included in Phase VI, go to http://www.regulations.gov, and enter APHIS-2008-0119-0329 in the search field. The new harmonized tariff codes will be available on the Lacey Act website on October 1, 2021, which also has information on how to file a Lacey Act declaration.

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit www.usda.gov.

###

https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/stakeholder-messages/plant-health-news/lacey-act-harmonized-tariff-codes

Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada

AGENCY:

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

ACTION:

Notification of continuation of temporary travel restrictions.

SUMMARY:

This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border. Such travel will be limited to “essential travel,” as further defined in this document.

DATES:

These restrictions go into effect at 12 a.m. Eastern Daylight Time (EDT) on September 22, 2021 and will remain in effect until 11:59 p.m. EDT on October 21, 2021, unless amended or rescinded prior to that time.

FOR FURTHER INFORMATION CONTACT:

Stephanie Watson, Office of Field Operations Coronavirus Coordination Cell, U.S. Customs and Border Protection (CBP) at 202-325-0840. Read More→

https://www.federalregister.gov/documents/2021/09/22/2021-20343/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service

Department of Homeland Security Partners with Environmental Protection Agency to Enforce Phasedown of Climate-Damaging HFCs

WASHINGTON – Today, the Department of Homeland Security (DHS) and the Environmental Protection Agency (EPA) announced a new interagency task force that will guard against the illegal importation of hydrofluorocarbons (HFCs).  HFCs are potent greenhouse gases with global warming potential that can be thousands of times greater than carbon dioxide.  A global phasedown of HFCs could meaningfully prevent the development of adverse global warming effects over the next century.  

“Using an all-hands-on-deck approach, we must urgently address the climate crisis that is threatening both our national and economic security, and our way of life,” said Secretary Alejandro N. Mayorkas.  “We look forward to working with the EPA and our other government partners to ensure that importers do not undermine our emissions-reduction targets or put businesses who are complying with the rules at a competitive disadvantage.”  

“President Biden has made it clear, it’s going to take a whole-of-government approach to tackle the climate crisis and curb global warming,” said EPA Administrator Michael S. Regan.  “That’s why this partnership with DHS is so important as we work to cut these climate super pollutants, protect our environment, foster American innovation and boost our economy.”

The American Innovation and Manufacturing Act (AIM Act), enacted in 2020, directs the EPA to address the adverse environmental effects of HFCs by, among other things, phasing down HFC production, consumption, and importation. Earlier today, the EPA issued its first regulations to implement the AIM Act’s phasedown.  DHS, through U.S. Customs and Border Protection and Immigration and Customs Enforcement, will work with the EPA’s Office of Air and Radiation and Office of Enforcement and Compliance Assurance to stop illegal HFC imports into the United States, including by preventing the exploitation of U.S. customs laws.   

The launch of this joint initiative to enforce the phasedown of HFCs builds on DHS and the EPA’s long-standing, successful collaboration on preventing illegal imports that threaten the environment, including imports of ozone-depleting substances and vehicles that fail to comply with Clean Air Act standards. 

### 

https://www.dhs.gov/news/2021/09/23/department-homeland-security-partners-environmental-protection-agency-enforce

Determination of Total Amounts of Fiscal Year 2022 WTO Tariff-Rate Quotas for Raw Cane Sugar and Certain Sugars, Syrups and Molasses

AGENCY:

Foreign Agricultural Service, U.S. Department of Agriculture.

ACTION:

Notice.

SUMMARY:

The Foreign Agricultural Service announces the establishment of the Fiscal Year (FY) 2022 (October 1, 2021-September 30, 2022) in-quota aggregate quantity of raw cane sugar at 1,117,195 metric tons raw value (MTRV), and the establishment of the FY 2022 in-quota aggregate quantity of certain sugars, syrups, and molasses (also referred to as refined sugar) at 222,000 MTRV.

DATES:

This notice is applicable on September 13, 2021.

FOR FURTHER INFORMATION CONTACT:

Souleymane Diaby, Multilateral Affairs Division, Trade Policy and Geographic Affairs, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1070, 1400 Independence Avenue SW, Washington, DC 20250-1070; by telephone (202) 720-2916; or by email Souleymane.Diaby@usda.gov.

SUPPLEMENTARY INFORMATION:

The provisions of paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the U.S. Harmonized Tariff Schedule (HTS) authorize the Secretary to establish the in-quota tariff-rate quota (TRQ) amounts (expressed in terms of raw value) for imports of raw cane sugar and certain sugars, syrups, and molasses that may be entered under the subheadings of the HTS subject to the lower tier of duties during each fiscal year. The Office of the U.S. Trade Representative (USTR) is responsible for the allocation of these quantities among supplying countries and areas.

Section 359(k) of the Agricultural Adjustment Act of 1938, as amended, requires that at the beginning of the quota year the Secretary of Agriculture establish the TRQs for raw cane sugar and refined sugars at the minimum levels necessary to comply with obligations under international trade agreements, with the exception of specialty sugar. Read More→

https://www.federalregister.gov/documents/2021/09/13/2021-19623/determination-of-total-amounts-of-fiscal-year-2022-wto-tariff-rate-quotas-for-raw-cane-sugar-and

APHIS amends entry requirements for importation of Fragaria spp., Rosa spp., and Rubus spp. plants from Canada into the United States

To:   State and Territory Agricultural Regulatory Officials

Effective September 14, 2021, USDA's Animal and Plant Health Inspection Service (APHIS) is amending the entry requirements for the importation of Fragaria spp., Rosa spp., and Rubus spp. plants produced in Canada to prevent the introduction of the strawberry blossom weevil (Anthonomus rubi) into the United States.

Strawberry blossom weevil is a serious pest of strawberry (Fragaria spp.) and raspberry (Rubus spp.). Blackberry (Rubus spp.) and rose (Rosa spp.) are considered occasional hosts. When imported as plants for planting these hosts represent a pathway for the entry of this pest into the United States. The Canadian Food Inspection Agency (CFIA) reported strawberry blossom weevil populations being detected in British Columbia, Canada.  This detection is the first confirmed report of this pest in North America.

The strawberry blossom weevil females lay eggs in unopened flower buds of their hosts.  The female will then chew through the stem just below the bud, and the bud will drop from the plant.  Eggs, larvae, and pupae are found inside closed flower buds of host plants.  The larvae feed and develop in the “clipped” bud, which will reduce the total number of viable buds on the plant.  The lost bud will not be able to produce a fruit once clipped.  In Europe, this pest has caused up to 80% loss of the berry crop. 

To prevent the introduction of strawberry blossom weevil (Anthonomus rubi) into the United States, APHIS requires that Fragaria spp., Rosa spp., and Rubus spp. plants for planting produced in Canada must be accompanied by a phytosanitary certificate with an additional declaration stating:

• The plants have been produced and certified by the National Plant Protection Organization (NPPO) of Canada as a pest-free place of production or a pest free production site for the strawberry blossom weevil (Anthonomus rubi) following the requirements of the International Standards for Phytosanitary Measures-10. The shipment has been inspected and found to be free of the strawberry blossom weevil (Anthonomus rubi).

For additional information regarding this Federal Order, please contact Senior Regulatory Specialist Narasimha Chary Samboju at 301-851-2038 or narasimha.c.samboju@usda.gov. 

Dr. Osama El-Lissy
Deputy Administrator
Plant Protection and Quarantine 

Attachment: Federal Order

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit www.usda.gov.

###

https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/stakeholder-messages/plant-health-news/da-2021-25

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

###

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

# # #

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.

# # #

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.

# # #

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.

###

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.

---

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

###

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.

###

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