USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING POLYETHYLENE TEREPHTHALATE RESIN FROM CANADA, CHINA, INDIA, AND OMAN

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty orders on imports of polyethylene terephthalate (PET) resin from China and India and antidumping duty orders on PET resin from Canada, China, India, and Oman 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 Canada, China, India, and Oman 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 Polyethylene Terephthalate Resin from Canada, China, India, and Oman (Inv. Nos. 701-TA-531-532 and 731-TA-1270-1273 (First Review), USITC Publication 5298, March 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by April 20, 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. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0310ll1907.htm

Commerce Takes Further Actions to Target Russian Strategic Industries and Punish Enablers of Aggression

The U.S. Commerce Department, through its Bureau of Industry and Security (BIS), has taken two additional actions in response to Russia’s brutal assault on the sovereignty of Ukraine.

The new regulations target Russia’s oil refining sector with new stringent export controls and identify 91 entities that support Russian military activities. These actions will further restrict access to U.S. commodities, software, and technology as part of our ongoing efforts to degrade Russia’s ability to acquire the items it needs to sustain its military aggression.

“With each passing day, as Russia continues its assault on Ukraine, it finds itself with fewer places to turn for economic and material support,” said Secretary of Commerce Gina M. Raimondo. “The United States and our allies and partners will continue to stand strong with the people of Ukraine and today’s actions will further restrict Russia’s access to revenue to support its aggression.”

“We remain dedicated to standing with the Ukrainian people in their fight against Russia’s aggression,” said Deputy Secretary of Commerce Don Graves. “This is truly a moment of reckoning for our values. Our message to Ukraine is: We are with you, and you have the might of the U.S. and a growing list of partners behind you.”

“Watching Ukrainians of all ages pitching in any way they can to save their country is as heartbreaking as it is inspiring,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “BIS is proud to be leading these new, strong efforts to further erode Russia’s ability to finance its military and punish those who seek to support them.”

BIS issued two rules which took take effect when publicly released by the Federal Register on March 3, 2022.

The first rule builds on existing restrictions BIS put in place on the Russian deepwater oil and gas exploration and extraction industries in 2014 by imposing a policy of denial on such items and applying similarly stringent restrictions on a wide variety of items necessary for refining oil. Russia is one of the world’s leading producers of oil products and these restrictions will limit its ability to raise revenue from the sale of refined products, including gasoline, that it can use to support its military efforts. The text of this rule is available here.
Read More→

https://www.commerce.gov/news/press-releases/2022/03/commerce-takes-further-actions-target-russian-strategic-industries-and

Imposition of Sanctions Against Belarus Under the Export Administration Regulations (EAR)

AGENCY:

Bureau of Industry and Security, Department of Commerce.

ACTION:

Final rule.

SUMMARY:

In response to Belarus's substantial enabling of the Russian Federation's (Russia)'s further invasion of Ukraine, this rule is adding new license requirements and review policies for Belarus to the Export Administration Regulations (EAR) to render Belarus subject to the same sanctions that were imposed on Russia under the EAR effective February 24, 2022. These new sanctions impose new Commerce Control List (CCL)-based license requirements for Belarus; revise the two foreign “direct product” rules (FDP rules) that are specific to Russia and Russian `military end users' to make them also applicable to Belarus and Belarusian `military end users;' specify a license review policy of denial applicable to all of the license requirements on Belarus that are being added in this rule, with certain limited exceptions; significantly restrict the use of EAR license exceptions; expand the existing `military end use' and `military end user' control scope to include Belarus for all items “subject to the EAR” other than food and medicine designated EAR99; and add two new Belarusian entities to the Entity List as `military end users.' This rule also imposes a license requirement for nuclear nonproliferation items for exports and reexports to Belarus and removes Belarus from Country Group A:4 under the EAR. In addition, for Belarus and Russia, this rule amends the availability of License Exceptions AVS and ENC and includes clarifying guidance on the availability of CCD.

DATES:

This rule is effective on March 2, 2022.

https://www.federalregister.gov/documents/2022/03/08/2022-04819/imposition-of-sanctions-against-belarus-under-the-export-administration-regulations-ear

NEW DATA TOOL UNVEILED TO HELP KEEP AMERICAN ALUMINUM INDUSTRY COMPETITIVE

FOR IMMEDIATE RELEASE
March 1, 2022
Contact: Office of Public Affairs
publicaffairs@trade.gov
(202) 482-3809

WASHINGTON – Today, the International Trade Administration (ITA) unveiled the Country of Most Recent Cast dashboard, a new addition to the Aluminum Import Monitor (AIM). The new dashboard uses information gathered from licenses required as of June 2021 for all covered aluminum imports into the United States.

The AIM Country of Most Recent Cast dashboard includes the country where the aluminum was last liquified by heat and then cast into a solid state either with or without alloying elements. This new feature provides more transparency on aluminum flows before they enter the United States and will allow industry to evaluate shifts in trade patterns in order to identify potential areas of fraud, evasion or circumvention in almost near real time.

“This new tool will help U.S. industry understand global aluminum trade flows and empower them to take action when the rules are not being followed in foreign markets,” said Assistant Secretary for Enforcement & Compliance Lisa Wang. “These never-before-seen data sets are critical to our trade enforcement efforts which keep American aluminum companies and their workers competitive.”

Aluminum importers are required to register and obtain a license through ITA’s AIM licensing portal. The AIM portal is overseen by ITA’s Enforcement & Compliance unit, and the licenses are free, automatic, and require importers to provide shipment information typically found in Customs documentation, as well as country of cast and smelt. ITA will hold a virtual demo of its new AIM Country of Most Recent Cast dashboard on Wednesday, March 9, at 2:00 p.m. ET. Please RSVP to aluminum.license@trade.gov.

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https://www.trade.gov/press-release/new-data-tool-unveiled-help-keep-american-aluminum-industry-competitive

Global Business Identifier (GBI)

AGENCY:

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

ACTION:

30-Day notice and request for comments; this is a new collection of information.

SUMMARY:

The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.

DATES:

Comments are encouraged and must be submitted no later than April 1, 2022 to be assured of consideration. Read More→

https://www.federalregister.gov/documents/2022/03/02/2022-04322/global-business-identifier-gbi

Commerce Implements Sweeping Restrictions on Exports to Russia in Response to Further Invasion of Ukraine

Today, the U.S. Commerce Department, through its Bureau of Industry and Security (BIS), responded to Russia’s further invasion of Ukraine by implementing a sweeping series of stringent export controls that will severely restrict Russia’s access to technologies and other items that it needs to sustain its aggressive military capabilities. These controls primarily target Russia’s defense, aerospace, and maritime sectors and will cut off Russia’s access to vital technological inputs, atrophy key sectors of its industrial base, and undercut its strategic ambitions to exert influence on the world stage. BIS’s actions, along with those of the Department of the Treasury, are part of the Biden-Harris Administration’s swift and severe response to Russian aggression. These measures also reflect momentous cooperation among the United States, the European Union (EU), Japan, Australia, United Kingdom, Canada, and New Zealand, with more expected to join, in aligning on export control policies and requirements. If necessary, based upon any subsequent destabilizing actions by Russia, the U.S. government will follow up in the days to come with additional stringent economic measures.

The export control measures announced today are the most comprehensive application of Commerce’s export authorities on U.S. items, including technology, as well as on foreign items produced using U.S. equipment, software, and blueprints, targeting a single nation. These actions, in concert with those that our partners are taking, restrict Russia’s access to items that can support the country’s defense industrial base and military and intelligence services.

“Russia’s actions are an immediate danger to those living in Ukraine, but also pose a real threat to democracy throughout the world,” said Secretary of Commerce Gina M. Raimondo. “By acting decisively and in close coordination with our allies and partners, we are sending a clear message today that the United States of America will not tolerate Russia's aggression against a democratically-elected government. The Commerce Department, along with our partners internationally and across the Biden-Harris Administration, will continue to use every tool at our disposal to restrict products, software, and technology that support Russia’s military capabilities.”

“Russia’s attack on Ukraine is an attack on the democratic, rules-based order and the United States must meet this aggression with real consequences,” said Deputy Secretary of Commerce Don Graves. “This coordinated policy is a strong statement of solidarity from the United States and the international community with the people of Ukraine. This powerful response was developed in close consultation with our global allies and partners to cut the Russian military off from the technologies and products it needs to sustain its unprovoked and unacceptable aggression.”

“With these export controls, we, together with our allies and partners, are technologically isolating Russia and degrading its military capabilities,” said Assistant Secretary of Commerce for Industry and Security Thea D. Rozman Kendler. “Russia’s access to cutting-edge U.S. and partner country technology will halt.  Its defense industrial base and military and intelligence services will not be able to acquire most Western-made products.  Even most products made overseas using sensitive U.S. technology will be restricted for export to Russia. Russia’s violation of Ukraine’s territorial integrity and sovereignty warrants this swift and expansive export controls response.”

BIS’s Russia-specific export control measures impose a policy of denial on sensitive items Moscow relies on for its defense, aerospace, and maritime industries. These items, many of which were not previously subject to controls when destined for Russia, include semiconductors, computers, telecommunications, information security equipment, lasers, and sensors.  Today’s rule also imposes stringent controls on 49 Russian military end users, which have been added to BIS’s Entity List. The EU, Japan, Australia, United Kingdom, Canada, and New Zealand have announced plans to implement substantially similar restrictions and are exempted from new requirements for items produced in their countries. This powerful international response will have serious consequences for the Russian military and defense sector and sends a clear message of our solidarity with the Ukrainian people and additional countries are expected to join in this effort.

These BIS actions were taken under the authority of the Export Control Reform Act of 2018 and its implementing regulations, the Export Administration Regulations (EAR).

The regulation will take effect when it is publicly released by the Federal Register on Thursday, February 24, 2022.

For more information, visit www.bis.doc.gov.

The regulation will take effect when it is publicly released by the Federal Register on Thursday, February 24, 2022, and is available here. A fact sheet is available here

Additional information on the Biden-Harris Administration’s response is available here.

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https://www.commerce.gov/news/press-releases/2022/02/commerce-implements-sweeping-restrictions-exports-russia-response

USITC VOTES TO CONTINUE INVESTIGATIONS ON BARIUM CHLORIDE FROM INDIA

he 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 barium chloride from India 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 barium chloride from India, with its preliminary countervailing duty determination due on or about April 7, 2022, and its preliminary antidumping duty determination due on or about June 21, 2022.

The Commission’s public report Barium Chloride from India (Inv. Nos. 701-TA-678 and 731-TA-1584 (Preliminary), USITC Publication 5295, March 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available after March 21, 2022; 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

Barium Chloride from India
Investigation Nos. 701-TA-678 and 731-TA-1584 (Preliminary)

Product Description:  Barium chloride is a solid chemical compound having the formula BaCl2-2H2O (if in crystalline form) or BaCl2 (if in powdered, or anhydrous, form). The bulk of barium chloride is sold in the crystalline form, which is used primarily as an intermediate in the production of molecular catalyst sieves, which in turn are used in oil refinery complexes to separate out industrially useful paraxylene molecules from other mixed xylenes. The anhydrous form of barium chloride is used primarily as an ingredient in heat-treating salts and metal fluxes—molten baths used to harden metal parts, usually small specialty steel parts such as tools and dies. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0225ll1895.htm

USITC VOTES TO CONTINUE INVESTIGATIONS ON SODIUM NITRITE FROM INDIA AND RUSSIA

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 sodium nitrite from India and Russia 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 sodium nitrite from India and Russia, with its preliminary countervailing duty determinations due on or about April 8, 2022, and its preliminary antidumping duty determinations due on or about June 22, 2022.

The Commission’s public report Sodium Nitrite from India and Russia (Inv. Nos. 701-TA-679-680 and 731-TA-1585-1586 (Preliminary), USITC Publication 5294, March 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available after March 21, 2022; 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

Sodium Nitrite from India and Russia
Investigation Nos: 701-TA-679-680 and 731-TA-1585-1586 (Preliminary)

Product Description:  Sodium nitrite (NaNO2) is an industrial chemical that is sold as a solid that may or may not be treated with an anti-caking agent, or a liquid, typically a 40 percent solution with water. Sodium nitrite is used in a wide range of end uses, including producing chemicals and dyes, metal coating, detinning, plating, wastewater treating, meat curing for food preservatives, ammunition for military applications, treating lumber, and some medical applications, including as an antidote to cyanide poisoning. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0225ll1896.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING NARROW WOVEN RIBBONS WITH WOVEN SELVEDGE FROM CHINA AND TAIWAN

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of narrow woven ribbons with woven selvedge (“narrow woven ribbons”) from China and antidumping duty orders on narrow woven ribbons from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China and Taiwan 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 Narrow Woven Ribbons with Woven Selvedge from China and Taiwan (Inv. Nos.  701-TA-467 and 731-TA-1164-1165 (Second Review), USITC Publication 5292, March 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 28, 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. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0223ll1894.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CELLULAR BASE STATION COMMUNICATION EQUIPMENT, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cellular base station communication equipment, components thereof, and products containing same.  The products at issue in the investigation are described in the Commission’s notice of investigation

The investigation is based on a complaint filed by Apple, Inc. of Cupertino, CA, on January 19, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cellular base station communication equipment, components thereof, and products containing same.  The complainant requests that the USITC issue a limited exclusion order and a permanent cease and desist order.  

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

Ericsson AB, of Kista, Stockholm, Sweden; 
Telefonaktiebolaget LM Ericsson, of Kista, Stockholm, Sweden; and
Ericsson Inc., of Plano, TX.

By instituting this investigation (337-TA-1302), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

https://www.usitc.gov/press_room/news_release/2022/er0218ll1893.htm

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USTR Releases Annual Report on China's WTO Compliance

February 16, 2022

WASHINGTON – The Office of the United States Trade Representative today released its annual “2021 Report to Congress on China’s WTO Compliance,” laying out the Biden Administration’s assessment of China’s membership in the World Trade Organization.

“China has not moved to embrace the market-oriented principles on which the WTO and its rules are based, despite the representations that it made when it joined 20 years ago,” said Ambassador Katherine Tai. “China has instead retained and expanded its state-led, non-market approach to the economy and trade. It is clear that in pursuing that approach, China’s policies and practices challenge the premise of the WTO’s rules and cause serious harm to workers and businesses around the world, particularly in industries targeted by China’s industrial plans.”

The Biden Administration is pursuing a multi-faceted approach to address the harm caused by China’s trade and economic policies through both bilateral engagement with China and the use of trade tools to protect American workers and businesses.  The Administration’s strategy also includes enhanced engagement with allies and partners in order to build broad support for solutions to the many unique problems posed by China and defending our shared interests.

This report was prepared pursuant to section 421 of the U.S.-China Relations Act of 2000 (P.L. 106-286), 22 U.S.C. § 6951 (the Act), which requires the United States Trade Representative (USTR) to report annually to Congress on compliance by the People’s Republic of China (China) with commitments made in connection with its accession to the World Trade Organization (WTO), including both multilateral commitments and any bilateral commitments made to the United States.  The report covers calendar year 2021.  It also incorporates the findings of the Overseas Compliance Program, as required by section 413(b)(2) of the Act, 22 U.S.C. § 6943(b)(2). 

The complete report on China’s WTO compliance can be found here.

Emergency Import Restrictions Imposed on Archaeological and Ethnological Material of Afghanistan

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of emergency import restrictions on certain archaeological and ethnological material from Afghanistan. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, determined that conditions warrant the imposition of emergency restrictions on categories of archaeological material and ethnological material of the cultural heritage of Afghanistan. This document contains

Start Printed Page 9440

the Designated List of Archaeological and Ethnological Material of Afghanistan that describes the types of objects or categories of archaeological and ethnological material to which the import restrictions apply. The emergency import restrictions imposed on certain archaeological and ethnological material of Afghanistan will be in effect until April 28, 2026, unless extended. These restrictions are being imposed pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act.

DATES:

Effective on February 18, 2022.

FOR FURTHER INFORMATION CONTACT:

For legal aspects, W. Richmond Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0084,ot-otrrculturalproperty@cbp.dhs.gov. For operational aspects, Julie L. Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of Trade, (202) 945-7064,1USGBranch@cbp.dhs.gov. Read More→

https://www.federalregister.gov/documents/2022/02/22/2022-03663/emergency-import-restrictions-imposed-on-archaeological-and-ethnological-material-of-afghanistan

GRANULAR POLYTETRAFLUOROETHYLENE (PTFE) RESIN FROM INDIA AND RUSSIA INJURES U.S. INDUSTRY, SAYS USITC


he United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of granular polytetrafluoroethylene (PTFE) resin from India and Russia that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the governments of India and Russia.

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, Commerce will issue countervailing duty and antidumping duty orders on imports of this product from India and Russia.

The Commission made a negative finding concerning critical circumstances with regard to imports of this product from India that are sold in the United States at less than fair value and subsidized by the government of India.  As a result, these imports will not be subject to retroactive antidumping and countervailing duties.

The Commission’s public report Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia (Inv. Nos. 701-TA-663-664 and 731-TA-1555-1556 (Final), USITC Publication 5285, March 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 25, 2022; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.


UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Granular Polytetrafluoroethylene Resin from India and Russia
Investigation Nos.: 701-TA-663-664 and 731-TA-1555-1556 (Final)

Product Description: Polytetrafluoroethylene (PTFE) is a crystalline polymer consisting of repeating units of tetrafluoroethylene (TFE), or C2F4. Granular PTFE, often referred to as molding powder, is typically processed to form stock shapes, which can then be machined into products such as gaskets, diaphragms, corrosion‐resistant lining, piping components, and lab equipment. Producers of PTFE use specific trade names for their PTFE products, including Polyflon™, a registered trademark of Daikin, and Teflon®, a registered trademark of Chemours. Granular PTFE resin is included in these investigations whether filled or unfilled, whether or not modified, and whether or not containing co‐polymer, additives, pigments, or other materials. Also included is PTFE wet raw polymer. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by filling, modifying, compounding, packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the granular PTFE resin. The product covered by these investigations does not include dispersion or coagulated dispersion (also known as fine powder) PTFE. PTFE further processed into micropowder, having particle size typically ranging from 1 to 25 microns, and a melt‐flow rate no less than 0.1 gram/10 minutes, is excluded. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0216ll1888.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN NETWORKING DEVICES, COMPUTERS, AND COMPONENTS THEREOF AND SYSTEMS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain networking devices, computers, and components thereof and systems 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 Proven Networks, LLC of Los Angeles, CA, on January 13, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain networking devices, computers, and components thereof and systems containing the same that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a permanent cease and desist order. 

The USITC has identified the following respondent in this investigation:

NetApp, Inc., of San Jose, CA

By instituting this investigation (337-TA-1298), 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/er0214ll1886.htm

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.


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