USITC VOTES TO CONTINUE INVESTIGATIONS ON STEEL NAILS FROM INDIA, OMAN, SRI LANKA, THAILAND AND TURKEY

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of steel nails from India, Oman, Sri Lanka, Thailand and Turkey 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 steel nails from India, Oman, Sri Lanka, Thailand and Turkey, with its preliminary countervailing duty determinations due on or about March 25, 2022 and its preliminary antidumping duty determinations due on or about June 8, 2022.

The Commission’s public report Steel Nails from India, Oman, Sri Lanka, Thailand and Turkey (Inv. Nos. 701-TA-673-677 and 731-TA-1580-1583 (Preliminary), USITC Publication 5283, February 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available after March 15, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

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UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Steel Nails from India, Oman, Sri Lanka, Thailand and Turkey

Investigation Nos. 701-TA-673-677 and 731-TA-1580-1583 (Preliminary)

Product Description: The merchandise covered by these investigations is certain steel nails having a nominal shaft or shank length not exceeding 12 inches. Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel or long-rolled flat steel bars. Certain steel nails may be of one piece construction or constructed of two or more pieces. Examples of nails constructed of two or more pieces include, but are not limited to, anchors comprised of an anchor body made of zinc or nylon and a steel pin or a steel nail; crimp drive anchors; split-drive anchors, and strike pin anchors. Also included in the scope are anchors of one piece construction.

Status of Proceedings:

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

2. Petitioners: Mid Continent Nail Corporation, Poplar Bluff, Missouri

3. USITC Institution Date: Thursday, December 30, 2021.

4. USITC Conference Date: Thursday, January 20, 2022.

5. USITC Vote Date: Friday, February 11, 2022.

6. USITC Notification to Commerce Date: Monday, February 14, 2022.

U.S. Industry in 2020:

1. Number of U.S. producers: 9

2. Location of producers’ plants: Arkansas, California, Illinois, Missouri, Ohio, South Carolina, and Tennessee

3. Production and related workers: [1]

4. U.S. producers’ U.S. shipments: 1

5. Apparent U.S. consumption: 1

6. Ratio of subject imports to apparent U.S. consumption: 1

U.S. Imports in 2020

1. Subject imports: $263 million.

2. Nonsubject imports: $639 million.

3. Leading import sources: China, Canada, India, Malaysia, Mexico, Oman, South Korea, Sri Lanka, Taiwan, Thailand, Turkey.

[1] Withheld to avoid disclosure of business proprietary information.

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https://www.usitc.gov/press_room/news_release/2022/er0211ll1885.htm

USTR Announces USMCA Environment Consultations with Mexico

February 10, 2022

Request is the First Environment Consultations Under the Agreement
 

WASHINGTON – The Office of the United States Trade Representative (USTR) today announced that it is requesting Environment Consultations with the Government of Mexico under the Environment Chapter of the United States–Mexico–Canada Agreement (USMCA).  These consultations concern Mexico’s USMCA Environment Chapter obligations relating to the protection of the critically endangered vaquita porpoise (Phocoena sinus), the prevention of illegal fishing, and trafficking of totoaba fish (Totoaba macdonaldi). 
 
“USTR is committed to protecting the environment and is requesting this consultation to ensure Mexico lives up to its USMCA environment commitments,” said Ambassador Katherine Tai. "We look forward to working with Mexico to address these issues.”
 
Today’s announcement follows careful analysis of available reporting and observations, in addition to engagement with other U.S. Government agencies, stakeholders, and the Government of Mexico on fishing activities in Mexico’s waters in the Upper Gulf of California.  The fate of the vaquita, the world’s most endangered marine mammal, has drawn international attention, including by the international scientific community, and multilateral bodies such as the International Union for Conservation of Nature, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Secretariat, the International Whaling Commission, and the United Nations World Heritage Convention.
 
Background:
 
Article 24.29.2 of the USMCA (Environment Consultations) provides that a Party may request consultations with another Party regarding any matter arising under the Environment Chapter (Chapter 24).  While Mexico has adopted environmental laws designed to prevent illegal fishing in the Upper Gulf of California, to prevent trafficking of protected species such as the totoaba, and to protect and conserve the vaquita, available evidence raises concerns that Mexico may not be meeting a number of its USMCA environment commitments.   
 
The vaquita is a critically endangered species of porpoise endemic to the Upper Gulf of California in Mexico.  The most recent data indicate that at least 6 but likely fewer than 19 vaquita remain.  Even with such a small population, scientists maintain that the species continues to be biologically viable, if given the space to recover.  Incidental bycatch from prohibited gillnets, primarily set to catch shrimp and totoaba, is the primary cause of vaquita mortality.  CITES prohibits commercial trade in both the vaquita and totoaba.  While the vaquita is not traded, there is a high demand for the swim bladder of the totoaba, which is traded illicitly.
 
USTR will continue to work closely with Mexico, to ensure changes to strengthen Mexico’s fisheries enforcement in the Upper Gulf of California.
 
Click here to read the USMCA Environment Chapter.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/february/ustr-announces-usmca-environment-consultations-mexico

AMS Adds Peanuts Exported to European Union to the Laboratory Approval Program for Analysis of Aflatoxins

Date: February 08, 2022

The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced today the addition of testing peanuts that are destined for the European Union (EU) to the Laboratory Approval Program for Analysis of Aflatoxins (LAP-Aflatoxin) at the request of the American Peanut Council (APC). The addition will ensure peanuts destined for the EU meet testing requirements of Commission Regulation (EC) No. 401/2006. Laboratories must be approved under the LAP-Aflatoxin to provide aflatoxin testing for peanuts destined for the EU, effective January 24, 2022.

Through the LAP-Aflatoxin, AMS’ Laboratory Approval Service (LAS) approves, or accredits, laboratories to perform testing services in support of domestic and international trade. At the request of industry, other Federal agencies, or foreign governments, LAS administers laboratory approval programs to verify that the analysis of food and agricultural products meet country or customer-specified requirements and ensures that the testing of products to be marketed is conducted by qualified and approved laboratories. LAP requirements include good laboratory, quality assurance and control practices, applicable domestic and international standards (such as ISO/IEC 17025), established methods and accepted equipment, and audits.  Laboratories voluntarily participate and pay program fees.

Eleven laboratories were approved to provide aflatoxin testing for peanuts to the EU. The LAP-Aflatoxin Official Listing of USDA and USDA-Approved Laboratories has been updated to reflect the approved laboratories.

Additional information about LAP-Aflatoxin, including how to apply, is available on the AMS website at the LAP-Aflatoxin page. For more information, contact the AMS Science & Technology Program, Laboratory Approval Service at LAS@usda.gov.

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https://www.ams.usda.gov/content/ams-adds-peanuts-exported-european-union-laboratory-approval-program-analysis-aflatoxins

UPDATE: APHIS Will No Longer Accept Unoriginal Electronic Phytosanitary Certificates and Forms After September 30, 2022

The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), responded to the unprecedented challenges from the COVID-19 pandemic on trade by allowing importers of plant commodities to upload copies of phytosanitary certificates and forms.

Starting October 1, 2022, APHIS and U.S. Customs and Border Protection will accept only original phytosanitary certificates and forms for plant commodities. PPQ and CBP will continue to accept digital exchange of electronic phytosanitary certificates through the ePhyto system—a government-to-government sharing of electronic phytosanitary certificates.

The APHIS Core message set supports the transmission of ePhytos. A paper certificate would not need to be presented for cargo clearance by U.S. officials if the certificate is an ePhyto with a proper declaration in the APHIS Core message set using the PG13/14 code AE1. Please review the list of participating ePhyto countries.

Note: A trading partner that is marked “Yes” may choose to not send an ePhyto message set for a shipment. This could be due to limitations with the country’s system, outages, or other reasons.

 Acceptable phytosanitary certificates include:

• Certificates created through a participating country’s ePhyto system, or signed paper forms.

• Acceptable foreign site certificates of inspection and/or treatment include signed paper forms, signed copies of the master PPQ Form 203, and digitally signed electronic PPQ Form 203s.

For more information about plant or plant product imports, email plantproducts.permits@usda.gov or call 1-877-770-5990. For questions about plant or plant product exports, contact your local export certification specialist or email ppqexportservices@usda.gov.

PPQ is committed to facilitating the safe trade of agricultural products. We continue to closely monitor this evolving situation and will provide updates as needed. Be sure to regularly check the APHIS website for the latest information.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/stakeholder-messages/plant-health-news/unoriginal-phyto-certificates-extension-september-2022

USITC TO INVESTIGATE CONDITIONS OF COMPETITIVENESS IN FOREIGN TRADE ZONES

The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on operations and conditions of competitiveness in U.S. foreign trade zones and similar programs in Canada and Mexico (FTZs).

The investigation, Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico, Inv. No. 332-588, was requested by the U.S. Trade Representative (USTR) in a letter received on December 14, 2021.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report for the USTR. The report will provide, to the extent practicable:

• an overview of economic activity in FTZs operating in the United States, Canada, and Mexico since 2016;

• an overview of the current FTZ policies and practices in the United States, Canada, and Mexico; and

• an analysis of the effects of current FTZ policies and practices in the United States, Canada, and Mexico on the cost-competitiveness of products of U.S. firms operating in these FTZs.

The USITC expects to submit its report to the USTR by April 14, 2023.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on May 17, 2022.  Information about how to participate in the hearing, including whether it will be virtual, will be posted on the Commission’s website no later than April 12, 2022, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm.  

Requests to appear at the hearing should be filed no later than 5:15 p.m. on May 3, 2022 with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on June 6, 2022. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

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

Further information on the scope of the investigation is available in the USITC’s notice of investigation, dated January 26, 2021, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.

About these investigations: USITC general factfinding investigations, such as these, cover matters related to tariffs or trade and are generally conducted under section 332(g) of the Tariff Act of 1930 at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.

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https://www.usitc.gov/press_room/news_release/2022/er0126ll1875.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN INTEGRATED CIRCUIT PRODUCTS AND DEVICES CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain integrated circuit products and devices 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 Future Link Systems, LLC of Santa Clara, CA, on December 29, 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 circuit products and devices containing the same that infringe patents asserted by the complainants.  The complainant requests that the USITC issue a limited exclusion order, a permanent cease and desist order.  

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

Advanced Micro Devices, Inc. of Santa Clara, CA; 
Apple Inc. of Cupertino, CA; 
Broadcom Inc. of San Jose, CA; 
Broadcom Corporation of San Jose, CA; 
Qualcomm Inc. of San Diego, CA; 
Qualcomm Technologies, Inc. of San Diego, CA; 
Amlogic Holdings Ltd. Of Cayman Islands; 
Amlogic (CA) Co., Inc. of Santa Clara, CA; 
Realtek Semiconductor Corp. of Hsinchu, Taiwan; 
Dell Technologies Inc. of Round Rock, TX; 
HP, Inc. of Palo Alto, CA; 
Acer Inc. of New Taipei City, Taiwan; 
Acer America Corp. of San Jose, CA; 
Lenovo Group Ltd. of Hong Kong; 
Lenovo (United States) Inc. of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL; and 
Google LLC of Mountain View, CA.

By instituting this investigation (337-TA-1295), 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/er0126ll1876.htm

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