USITC INSTITUTES SECTION 337 INVESTIGATION OF HIGH-PERFORMANCE GRAVITY-FED WATER FILTERS AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of high-performance gravity-fed water filters and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Brita LP of Neuchatel, NE, Switzerland on December 27, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of high-performance gravity-fed water filters and products containing the same that infringe a patent 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 the respondents this investigation:

EcoLife Technologies, Inc., of City of Industry, CA; 
Qingdao Ecopure Filter Co., Ltd. of Environmental Protection Industry Zone Jimo, Qingdao, Shandong Province, China; 
Kaz USA, Inc., of El Paso, TX; 
Helen of Troy Limited, of El Paso, TX; 
Zero Technologies, LLC, of Trevose, PA; 
Culligan International Co., of Rosemont, IL; 
Vestergaard Frandsen Inc., of Baltimore, MD; 
Mavea LLC, of West Linn, OR; and 
Brita GmbH, of Taunusstein, Germany.

By instituting this investigation (337-TA-1294), 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/2022/er0125ll1874.htm

Joint United States – United Kingdom Statement on Addressing Global Steel and Aluminum Excess Capacity

United States Secretary of Commerce Gina M. Raimondo, United States Trade Representative Katherine Tai and United Kingdom Secretary of State for International Trade Anne-Marie Trevelyan today announced the start of bilateral discussions to address global steel and aluminum excess capacity, including the United States’ application of tariffs on imports from the United Kingdom under Section 232 and the UK’s retaliatory tariffs on certain U.S. exports to the UK. Both parties are committed to working towards an expeditious outcome that ensures the viability of steel and aluminum industries in both markets against the continuing shared challenge of global excess capacity and strengthens their democratic alliance.

During a virtual meeting today, Secretary Raimondo and Secretary of State Trevelyan discussed the impact on their industries stemming from global excess capacity driven largely by China. The distortions that result from this excess capacity pose a serious threat to market-oriented steel and aluminum industries in the United States and the United Kingdom, and to the workers in those industries. They agreed that, as the United States and the United Kingdom are close and long-standing partners, sharing similar national security interests as democratic market economies, they can partner to promote high standards, address shared concerns and hold countries that practice harmful market-distorting policies to account.

Secretary Raimondo, Ambassador Tai and Secretary Trevelyan will enter into discussions on the mutual resolution of concerns in this area that addresses steel and aluminum excess capacity and the deployment of effective solutions, including appropriate trade measures, to preserve our critical industries.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/january/joint-united-states-united-kingdom-statement-addressing-global-steel-and-aluminum-excess-capacity

DHS to Require Non-U.S. Individual Travelers Entering the United States at Land Ports of Entry and Ferry Terminals to be Fully Vaccinated Against COVID-19

New Requirements at Land Ports of Entry and Ferry Terminals Will Protect Public Health While Facilitating Cross-Border Trade and Travel

WASHINGTON – Beginning on January 22, 2022, DHS will require non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide related proof of vaccination, as COVID-19 cases continue to rise nationwide. These new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.

“Starting on January 22, 2022, the Department of Homeland Security will require that non-U.S. individuals entering the United States via land ports of entry or ferry terminals along our Northern and Southern borders be fully vaccinated against COVID-19 and be prepared to show related proof of vaccination,” said Secretary Alejandro N. Mayorkas. “These updated travel requirements reflect the Biden-Harris Administration’s commitment to protecting public health while safely facilitating the cross-border trade and travel that is critical to our economy.”

These changes – which were first announced in October 2021 and made in consultation with the White House and several federal agencies, including the Centers for Disease Control and Prevention (CDC) – will align public health measures that govern land travel with those that govern incoming international air travel.

Non-U.S. individuals traveling to the United States via land ports of entry or ferry terminals, whether for essential or non-essential reasons, must:

  • verbally attest to their COVID-19 vaccination status;

  • provide proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website;

  • present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and,

  • be prepared to present any other relevant documents requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.

COVID-19 testing is not required for entry via a land port of entry or ferry terminal.

Although these new vaccination requirements do not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals, all travelers are reminded to bring a WHTI-compliant document when re-entering the United States. Non-U.S. individuals attempting to enter the United States irregularly, through any illegal means or without proper documentation, will continue to be expelled pursuant to CDC’s Title 42 public health order.

To help reduce wait times, travelers can take advantage of facial biometrics and CBP One™, which is a single portal for CBP mobile applications and services.

To learn more about the updated requirements for travelers, review the DHS fact sheet.

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https://www.dhs.gov/news/2022/01/20/dhs-require-non-us-individual-travelers-entering-united-states-land-ports-entry-and

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CARBON STEEL BUTT-WELD PIPE FITTINGS FROM BRAZIL, CHINA, JAPAN, TAIWAN, AND THAILAND

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of carbon steel butt-weld pipe fittings from Brazil, China, Japan, Taiwan, and Thailand 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 Brazil, China, Japan, Taiwan, and Thailand 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 Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand (Inv. Nos. 731-TA-308-310, and 520-521 (Fifth Review), USITC Publication 5276, February 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by February 23, 2022; 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 Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Japan, Taiwan, and Thailand were instituted on July 1, 2021.

On October 4, 2021, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.  Commissioner David S. Johanson concluded that the domestic group response was adequate and the respondent group responses wereas inadequate and voted for full 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/2022/er0120ll1871.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN REPLACEMENT AUTOMOTIVE LAMPS II

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain replacement automotive lamps II.  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 Hyundai Motor Company, of Seoul, Republic of Korea and Hyundai Motor America, Inc. of Fountain Valley, CA, on December 16, 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 replacement automotive lamps 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 the respondents this investigation:

TYC Brother Industrial Co., Ltd, of Tainan, Taiwan; 
Genera Corporation (d/b/a TYC Genera), of Brea, CA; 
LKQ Corporation, of Chicago, IL; and 
Keystone Automotive Industries, Inc., of Exeter, PA.

By instituting this investigation (337-TA-1292), 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/2022/er0118ll1868.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN REFRIGERATOR WATER FILTRATION DEVICES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain refrigerator water filtration 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 LG Electronics Inc. of Seoul, Republic of Korea, and LG Electronics Alabama, Inc. of Huntsville, AL, on December 15, 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 refrigerator water filtration devices and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a general exclusion order and cease and desist orders.  

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

ClearWater Filters, of Lakewood, NJ; 
Express Parts LLC d/b/a Express Parts !!!, of Keyport, NJ; 
FRESHLAB LLC, of Gainesville, FL; 
Zhang Ping d/b/a ICE Water Filter, of Dongyang, Zhejiang, China; 
Jiangsu Angkua Environmental Technical Co., Ltd., of Nantong, Jiangsu, China; 
Liu Qi d/b/a LQQY, of Lishi, Shanxi Province, China; 
lvliangshilishiquhuiliwujinbaihuoshan Ghang d/b/a LYLYMX, of Lishi District, Shanxi Province, China; 
Ninbo Haishu Bichun Technology Co., Ltd. d/b/a Ninbo Hai Shu Bi Chun Ke Ji You Xian Gong Si d/b/a Pureza Filters, of Elmhurst, IL; 
Ninbo Haishu Keze Replacement Equipment Co., Ltd. d/b/a Ningboshihaishukezejinghuashebeiyou Xiangongsi d/b/a Kozero Filter, of Zhejiant, Ningboshi, China; 
Ningbo Bichun Technology Co., Ltd., of Ningbo City, Zhejiang Province, China; 
Ningbo Haishu Shun’anjie Water Purification Equipment LLC, of Ningbo, Zhejiang,  China; 
Pursafet Water Filter (Wuhan) Inc., of Wuhan, Hubei, China; 
Shenzen Hangling E-Commerce Co., Ltd. d/b/a Shenzhenshilinghangdianzhishangwuyouxiangongshi d/b/a Best Belvita, of Elmhurst, IL;
Shenzhen Yu Tian Qi Technology Co., Ltd. d/b/a Shen Zhen Shi Yu Tian Qi Ke Ji You Xian Gong Si d/b/a Glacierfresh, of Shenzhen, Guangdong, China;
Aicuiying b/d/a Belvita Water of Shenzhen, of Guangdong Province, China; 
ISave Strategic Marketing Group LLC b/d/a ISave, of New York, NY; 
Qinghaishunzexiaofangjianceyouxiangongsi b/d/a EZEEY, of Chengxi District, Qinghai Province, China; 
ZhenPingXianJiaXuanYaZhuBaoFuZhuangGongYiPinYouXia d/b/a JiaXuanYaZhuBaoFuZhuang, of Wuhanshi, Hubeisheng, China; 
All FILTERS LLC d/b/a AllFilters, of Salt Lake City, UT; 
GT SOURCING INC. d/b/a GT Sourcing, of Monsey, NY; 
JJ Imports LLC d/b/a PRIME FILTERS, of Elmwood Park, NJ; 
Tianjin Tianchuang Best Pure Environmental Science and Technology Co. Ltd. d/b/a TIANJIN TIANGCHUANG BESTPURE HUANBAO KEJI CO. LTD d/b/a Healthy Home, of Tianjin, China; 
Top Pure (USA) Inc. d/b/a TOPPURE d/b/a ICEPURE, of Pico Rivera, CA; 
W&L Trading LLC d/b/a Aqualink, of Frisco, TX; 
Yunda H&H Tech (Tianjin) Co., Ltd. d/b/a Tianjin Yuanda Gongmao Youxian Gongsi d/b/a PUREPLUS, of Tianjinshi, China; 
Refresh Filters LLC b/d/a Refresh My Water, of New York, NY; 
Qingdao Ecopure Filter Co., Ltd d/b/a WaterdropDirect, of Qingdao, Shandong, China;
Qingdao Maxwell Commercial and Trading Company Ltd d/b/a Water Purity Expert, of Chengyang, Shandong, China; and
Qingdao Uniwell Trading Co., Ltd. d/b/a Qingdao Youniwei Shang Mao You Xian Gong Si d/b/a Uniwell Filter, of Qingdao, Shandong, China.

By instituting this investigation (337-TA-1290), 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/2022/er0114ll1867.htm

New Zealand Beef Imports Approved for the Electronic Certification System

AGENCY:

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

ACTION:

General notice.

SUMMARY:

This document announces that the export certification requirement for certain imports of beef from New Zealand subject to a tariff-rate quota will be accomplished through the Electronic Certification System (eCERT). All imports of beef from New Zealand that are subject to the tariff-rate quota must have a valid export certificate with a corresponding eCERT transmission at the time of entry, or withdrawal from warehouse, for consumption. The United States Government (USG) has approved the request from New Zealand to transition to eCERT as the method of transmission. The transition to eCERT will not change the tariff-rate quota filing process or requirements. Importers will continue to provide the export certificate numbers from New Zealand in the same manner as when currently filing entry summaries with U.S. Customs and Border Protection. The format of the export certificate numbers will remain the same for the corresponding eCERT transmissions.

DATES:

The use of the eCERT process for certain New Zealand beef importations subject to a tariff-rate quota will be effective for beef entered, or withdrawn from a warehouse, for consumption on or after January 18, 2022.

Start Printed Page 1772

FOR FURTHER INFORMATION CONTACT:

Julia Peterson, Chief, Quota and Agriculture Branch, Trade Policy and Programs, Office of Trade, (202) 384-8905, or HQQUOTA@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

There is an existing tariff-rate quota on certain beef from New Zealand pursuant to Additional U.S. Note 3 of Chapter 2 of the Harmonized Tariff Schedule of the United States (HTSUS). The tariff-rate quota for beef from New Zealand was established by section 6 of the Presidential Proclamation No. 6763 (December 23, 1994), as a result of the Uruguay Round Agreements, approved by Congress in section 101 of the Uruguay Round Agreements Act (19 U.S.C. 3511 (a), Pub. L. 103-465, 108 Stat. 4814). Tariff-rate quotas permit a specified quantity of merchandise to be entered or withdrawn for consumption at a reduced duty rate during a specified period. Furthermore, section 2012.3 of title 15 of the Code of Federal Regulations (CFR) states that beef may only be entered as a product of an eligible country for a tariff-rate quota if the importer makes a declaration to U.S. Customs and Border Protection (CBP) that a valid export certificate is in effect with respect to the beef. In addition, the CBP regulations, at 19 CFR 132.15, set forth provisions relating to the requirement that an importer must possess a valid export certificate at the time of entry, or withdrawal from warehouse, for consumption, to claim the in-quota tariff rate of duty on entries of beef subject to the tariff-rate quota. Read More→

https://www.federalregister.gov/documents/2022/01/12/2022-00464/new-zealand-beef-imports-approved-for-the-electronic-certification-system

Argentina Beef Imports Approved for the Electronic Certification System (eCERT)

AGENCY:

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

ACTION:

General notice.

SUMMARY:

This document announces that the export certification requirement for certain imports of beef from the Argentine Republic (Argentina) subject to a tariff-rate quota will be accomplished through the Electronic Certification System (eCERT). All imports of beef from Argentina that are subject to the tariff-rate quota must have a valid export certificate with a corresponding eCERT transmission at the time of entry, or withdrawal from warehouse, for consumption. The United States Government (USG) has approved the request from Argentina to transition, from the way the USG currently receives export certificates from Argentina, to eCERT as the method of transmission. The transition to eCERT will not change the tariff-rate quota filing process or requirements. Importers will continue to provide the export certificate numbers from Argentina in the same manner as when currently filing entry summaries with U.S. Customs and Border Protection. The format of the export certificate numbers will remain the same for the corresponding eCERT transmissions.

DATES:

The use of the eCERT process for certain Argentinian beef importations subject to a tariff-rate quota will be effective for beef entered, or withdrawn from a warehouse, for consumption on or after January 18, 2022. Read More→

https://www.federalregister.gov/documents/2022/01/13/2022-00462/argentina-beef-imports-approved-for-the-electronic-certification-system-ecert

Notice of a Commission Determination To Issue Remedial Orders Against the Defaulting Respondents; Termination of the Investigation; Certain LED Landscape Lighting Devices and Components Thereof

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

Start Printed Page 1786

SUMMARY:

Notice is hereby given that the U.S. International Trade Commission has determined to issue a limited exclusion order and cease and desist orders against the respondents found to be in default in this investigation, namely, cBright Lighting, Inc. of San Leandro, California (“cBright”), Dauer Manufacturing Corp. of Medley, Florida (“Dauer”), and FUSA Corp. of Medley, Florida (“FUSA”). The Commission has also determined to impose a bond equal to one hundred percent (100%) of the entered value of the infringing products imported during the period of Presidential review. This investigation is hereby terminated.

FOR FURTHER INFORMATION CONTACT:

Ronald A. Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3427. 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.

SUPPLEMENTARY INFORMATION:

The Commission instituted this investigation on April 13, 2021, based on a complaint filed on behalf of Wangs Alliance Corporation, d/b/a WAC Lighting (“WAC”). 86 FR 19282 (Apr. 13, 2021). The complaint alleged a violation of section 337 of the Tariff Act of 1930, as amended,19 U.S.C. 1337, based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain LED landscape lighting devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 10,571,101 and 10,920,971.Id.The complaint further alleged that an industry in the United States exists as required by section 337.Id.The following were named as respondents in the investigation: cBright; Dauer; FUSA; Shenzhen Wanjia Lighting Co., Ltd.d/b/a WONKA of Shenzhen, China (“WONKA”); CAST Lighting LLC of Hawthorne, New Jersey (“CAST”); Lumien Enterprise, Inc. d/b/a Lumien Lighting of Acworth, Georgia (“Lumien”); and Jiangsu Sur Lighting Co., Ltd. of Jiangsu Province, China (“Jiangsu”).Id. The Office of Unfair Import Investigations is not a party to the investigation. Read More→

https://www.federalregister.gov/documents/2022/01/12/2022-00374/notice-of-a-commission-determination-to-issue-remedial-orders-against-the-defaulting-respondents

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN PLAYARDS AND STROLLERS

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain playards and strollers.  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 Graco Children’s Products Inc. of Atlanta, GA, and Wonderland Nurserygoods Co., Ltd., of Taipei, Taiwan, on November 24, 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 playards and strollers 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 the respondents this investigation:

Baby Trend, Inc., of Fontana, CA;
Dongguan Golden Prosper Baby Products Co., Ltd., of Dongguan City, Guangdong, China;
Sichuan Hobbies Baby Products Co., Ltd., of Neijiang, Sichuan, China; and
Anhui Chile Baby Products Co., Ltd., of Anhui Province, China.

By instituting this investigation (337-TA-1288), 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/er1220ll1858.htm

Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA),...

as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE)

AGENCY:

International Trade Administration, Department of Commerce.

ACTION:

Notification of annual quantitative limit on imports of certain apparel from Haiti.

SUMMARY:

CBERA, as amended, provides duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences is known as the “value-added” provision, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The provision is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month period. For the period from December 20, 2021 through December 19, 2022, the quantity of imports eligible for preferential treatment under the value-added provision is 367,770,223 square meters equivalent.

DATES:

The new limitations become effective December 20, 2021.

FOR FURTHER INFORMATION CONTACT:

Laurie Mease, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-2043. Read More→

https://www.federalregister.gov/documents/2021/12/17/2021-27311/limitation-of-duty-free-imports-of-apparel-articles-assembled-in-haiti-under-the-caribbean-basin

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN INTEGRATED CIRCUITS, CHIPSETS, AND ELECTRONIC DEVICES, AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuits, chipsets, and electronic devices, and products containing the same.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by NXP Semiconductors N.V. of Eindhoven, Netherlands, and NXP USA, Inc., of Austin, TX, on November 1, 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, chipsets, and electronic devices, and products containing the 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 the respondents this investigation:

MediaTek Inc. of Hsinchu City, Taiwan;
MediaTek USA Inc. of San Jose, CA;
Amazon.com, Inc., of Seattle WA;
Belkin International, Inc., of Playa Vista, CA; and
Linksys USA, Inc., of Irvine, CA.

By instituting this investigation (337-TA-1287), 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/er1201ll1854.htm

USITC TO CATALOG EXISTING INFORMATION, DEVELOP NEW CAPABILITIES TO BETTER IDENTIFY AND QUANTIFY POTENTIAL DISTRIBUTIONAL EFFECTS OF TRADE AND TRADE POLICY ON U.S. WORKERS

The U.S. International Trade Commission (USITC) is undertaking a two-part investigation that will catalog existing information and develop new research and analysis capabilities to better identify and measure the potential distributional effects of U.S. trade and trade policy on U.S. workers, including by skill, wage and salary level, gender, race/ethnicity, age, and income level, especially as they affect under-represented and under-served communities.

The investigation, Distributional Effects of Trade and Trade Policy on U.S. Workers, was requested by the U.S. Trade Representative (USTR) in a letter received on October 14, 2021.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide a two-part response to the USTR.

Part 1: Public Report

The USITC will prepare a public report that catalogs information on the distributional effects of trade and trade policy on under-represented and under-served communities.  The report will:

  • include information gathered through roundtable discussions among representatives of under-represented and under-served communities that have been identified in the Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as well as think tanks; academics and researchers; unions; state and local governments; non-federal governmental entities; civil society experts; community-based stakeholders, such as minority-owned businesses; business incubators; Historically Black College and Universities (HBCUs); Hispanic Serving Institutions (HSIs); Tribal Colleges and Universities (TCUs); other minority-serving institutions (MSIs); and local and national civil rights organizations;

  • include information gathered through a symposium focused on academic or similar research on the distributional effects of trade and trade policy on under-represented and under-served communities, including results of existing analysis, evaluation of methodologies, the use of public and restricted data in current analysis, identifying gaps in data and/or in the economic literature, and proposed analysis that could be done with restricted data;

  • include information gathered through a critical review of the economic literature on the distributional effects of trade and trade policy on under-represented and under-served communities, including among other things, the data limitations raised in these analyses; and

  • identify information on effects on U.S. workers by the groups specified, identifying their specific U.S. region, and make recommendations on future research.

The Commission expects to submit its report to the USTR by October 14, 2022. Read More→

https://www.usitc.gov/press_room/news_release/2021/er1129ll1853.htm

Conforming Amendment to Product Exclusion and Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY:

Office of the United States Trade Representative (USTR).

ACTION:

Notice.

SUMMARY:

On September 30, 2020, and effective November 30, 2020, U.S. Customs and Border Protection (CBP) issued a notice on the tariff classification of certain nonwoven wipes. To conform with the tariff classification set out in that notice, USTR is making a technical amendment to a product exclusion in the Section 301 investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

DATES:

The conforming amendment in the Annex to this notice is effective November 30, 2020. CBP will issue instructions on entry guidance and implementation.

FOR FURTHER INFORMATION CONTACT:

For general questions about this notice, contact Associate General Counsel Philip Butler or Assistant General Counsel Rachel Komito at (202) 395-5725. For specific questions on customs classification or implementation of the product exclusion identified in the Annex to this notice, contacttraderemedy@cbp.dhs.gov. Read More→

https://www.federalregister.gov/documents/2021/12/07/2021-26482/conforming-amendment-to-product-exclusion-and-extensions-chinas-acts-policies-and-practices-related

Request for Public Comment on a Commercial Availability Request Under the United States-Korea Free Trade Agreement

AGENCY:

Committee for the Implementation of Textile Agreements (CITA).

ACTION:

Request for public comments concerning a request for modification of the United States-Korea Free Trade Agreement (KORUS) rules of origin for certain textile products.

SUMMARY:

The Government of the United States (“United States”) received a request from the Government of the Republic of Korea (“Korea”), submitted on November 9, 2021, to initiate consultations under Article 4.2.3 of the KORUS. Korea is requesting that the United States and Korea (“the Parties”) consider revising the rules of origin for certain woven fabrics to address availability of supply of yarns in the territories of the Parties.

The President of the United States may proclaim a modification to the KORUS rules of origin for textile and apparel products after the United States reaches an agreement with Korea on a modification under Article 4.2.5 of the KORUS to address issues of availability of supply of fibers, yarns, or fabrics in the territories of the Parties. CITA hereby solicits public comments on this request, in particular with regard to whether certain textured and non-textured triacetate filament yarns can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Read More→

https://www.federalregister.gov/documents/2021/12/06/2021-26342/request-for-public-comment-on-a-commercial-availability-request-under-the-united-states-korea-free

APHIS Updates Import Regulations for Sheep, Goats and Their Products

WASHINGTON, December 2, 2021 -- The U.S. Department of Agriculture’s Animal Plant and Health Inspection Service (APHIS) has published a final rule updating its import regulations for sheep, goats and their products, such as meat. This rule removes remaining bovine spongiform encephalopathy (BSE) import restrictions on sheep, goats and their products, and aligns the regulations with the current scientific understanding of BSE.

BSE is a fatal brain disease that is part of a group of diseases known as transmissible spongiform encephalopathies (TSEs). Other TSE diseases that can affect animals include scrapie in sheep and goats and chronic wasting disease in deer, elk and moose. When APHIS originally established BSE-related import restrictions, the potential risk of species other than cattle, including sheep and goats, was unknown. However, since BSE was first identified, scientists have learned much more about how BSE works, and their extensive research shows that sheep and goats pose a minimal risk of spreading BSE.

While BSE-related restrictions are no longer needed, APHIS is updating its scrapie requirements for importing live sheep and goats and their germplasm to continue to protect the U.S. herd. Any live sheep or goat not transported directly to slaughter, or to a designated feedlot and then to slaughter, must originate from a scrapie-free country or flock with a herd certification program equivalent to the U.S. Scrapie Flock Certification Program.

APHIS will also allow on a case-by-case basis the importation of certain wild, zoo or other non-bovine ruminant species. The Agency will evaluate the disease risk of each animal and the receiving entity’s ability to manage the risks before deciding whether to issue an import permit allowing the animal entry into the country.

APHIS issued a proposed rule outlining these changes in September 2016. This proposal was based on a thorough review of relevant scientific literature, international guidelines, and a comprehensive evaluation. After considering all comments received on the proposed rule, APHIS determined that these changes will continue to guard against TSEs entering the United States, while allowing additional animals and animal products to be imported into this country. View the final rule at https://www.federalregister.gov/public-inspection/2021-26302/importation-of-sheep-goats-and-certain-other-ruminants. Read More→

https://www.aphis.usda.gov/aphis/newsroom/news/sa_by_date/sa-2021/ruminants-import-regulations

APHIS Announces $16.3 Million in Farm Bill Funding to Protect Animal Health

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is awarding more than $16.3 million to 64 projects with states, universities, and other partners to strengthen our programs to protect animal health. Ensuring the health of animals helps protect and preserve U.S. export markets and keeping foreign animal diseases out of the U.S. helps us expand export opportunities for rural America to more and better markets.

This critical funding supports projects focused on enhancing vaccine distribution plans and supporting animal movement decisions in high-consequence animal disease outbreaks, delivering outreach and education on animal disease prevention and preparedness, and developing point-of-care diagnostic tests to rapidly detect foreign animal diseases. It also supports projects to enhance early detection of high-impact animal diseases and improve emergency response capabilities at veterinary diagnostic laboratories that are part of the National Animal Health Laboratory Network (NAHLN).

“These funding awards will help ensure the ongoing health of our nation’s livestock and poultry,” said Jenny Lester Moffitt, Under Secretary for Marketing and Regulatory Programs. “Safeguarding U.S. animal health helps us expand export opportunities for rural America to more and better markets, while providing consistent access to safe, healthy, and affordable food for U.S. consumers. The preparedness and response activities we are funding today will help us address the animal disease issues of tomorrow and arm us with the best science available to retain international markets and feed our families and the world. I look forward to seeing the progress USDA and its partners make with these funds.”

The 2018 Farm Bill provided funding for these programs as part of an overall strategy to help prevent animal pests and diseases from entering the United States and reduce the spread and impact of potential disease incursions with the goal or protecting and expanding market opportunities for U.S. agricultural products. This is the third year APHIS is providing this Farm Bill funding. Last year, APHIS provided $14.4 million that funded 76 projects.

NADPRP
APHIS is awarding $7.6 million through the National Animal Disease Preparedness and Response Program (NADPRP). The 36 NADPRP funded projects will individually and collectively address critical concerns in areas of vaccine distribution, animal movement and business continuity during a disease outbreak, and disease prevention and preparedness outreach and education. These projects will be led by State animal health authorities in 21 states, land-grant universities, and industry/veterinary organizations. Read More→

https://www.aphis.usda.gov/aphis/newsroom/news/sa_by_date/sa-2021/farm-bill-funding-animal-health

FDA IMPORT BASICS

All products offered for entry into the United States, including items for personal use, must be declared to U.S. Customs and Border Protection (CBP).  CBP refers all FDA-regulated products to the FDA for review. CBP's regulations and requirements are at its website.

Most importers choose to hire licensed representatives when offering the products for entry. These representatives are known as customs brokers or entry filers.  The entry filers can assist the importer by submitting necessary entry information and appropriate payments to CBP on behalf of the importer. CBP’s website has a clickable US map that will provide a list of specific ports, and under each port, you will find a list of brokers. 

FDA Review

All imported shipments of FDA-regulated products are reviewed by the FDA and must comply with the same standards as domestic products.  The FDA determines whether products are admissible into U.S. commerce and may refuse entry to any that violate or appear to violate any provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

FDA Entry Types

The FDA receives many different types of entries (consumption, informal, warehouse, import for export, etc.). Most questions revolve around the difference between commercial and personal shipments.  

https://www.fda.gov/industry/import-program-food-and-drug-administration-fda/import-basics

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING OIL COUNTRY TUBULAR GOODS FROM ARGENTINA, MEXICO, RUSSIA, AND SOUTH KOREA

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 oil country tubular goods from Argentina, Mexico, and Russia that are allegedly sold in the United States at less than fair value and imports of these products that are allegedly subsidized by the governments of Russia and South Korea.

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 oil country tubular goods from Argentina, Mexico, Russia, and South Korea, with its preliminary countervailing duty determinations due on or about December 30, 2021, and its preliminary antidumping duty determinations due on or about March 15, 2022.

The Commission’s public report Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea (Inv. Nos. 701-TA-671-672 and 731-TA-1571-1573 (Preliminary), USITC Publication 5248, November 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available after December 21, 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

Oil Country Tubular Goods (OCTG) from Argentina, Mexico, Russia, and South Korea
Investigation Nos. 701-TA-671-672 and 731-TA-1571-1573 (Preliminary)

Product Description:  The merchandise covered by the investigations is certain oil country tubular goods (OCTG), which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish ( e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the investigations also covers OCTG coupling stock. Read More→

https://www.usitc.gov/press_room/news_release/2021/er1119ll1851.htm

U.S. Statement on Working With Japan to Address Global Steel and Aluminum Excess Capacity

November 12, 2021

WASHINGTON – United States Trade Representative Katherine Tai and United States Secretary of Commerce Gina M. Raimondo today announced the start of consultations with Japan to address global steel and aluminum excess capacity, take effective measures to ensure the long-term viability of our steel and aluminum industries, and find solutions to strengthen our democratic alliance. 

Secretary Raimondo and Ambassador Tai reiterated concerns about the impact on U.S. industries stemming from global non-market excess capacity driven largely by China.  The distortions that result from this excess capacity pose a serious threat to the market-oriented U.S. steel and aluminum industries and the workers in those industries.  The United States and Japan have a historic alliance, built on mutual trust and respect, and reflecting shared values and a strong commitment to resolving global challenges through closer cooperation. The two countries accordingly share similar national security interests as democratic, market economies. These consultations present an opportunity to promote high standards, address shared concerns, including climate change, and hold countries like China that support trade-distorting non-market policies and practices to account. 

The United States and Japan will seek to resolve bilateral concerns in this area, including the application of Section 232 measures, trade flows, and the sufficiency of actions that address steel and aluminum excess capacity with the aim of taking mutually beneficial and effective actions to restore market-oriented conditions and preserve our critical industries.  

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/november/us-statement-working-japan-address-global-steel-and-aluminum-excess-capacity