USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING SEAMLESS REFINED COPPER PIPE AND TUBE FROM CHINA AND MEXICO

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of seamless refined copper pipe and tube from China and Mexico 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 antidumping duty orders on imports of these products from China and Mexico 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 Seamless Refined Copper Pipe and Tube from China and Mexico (Inv. Nos. 731-TA-1174-1175 (Second Review), USITC Publication 5323, May 2022) will contain the views of the Commission and information developed during the reviews. 

The report will be available by May 31, 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. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0428ll1922.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CENTRIFUGE UTILITY PLATFORM AND FALLING FILM EVAPORATOR SYSTEMS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain centrifuge utility platform and falling film evaporator systems 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 Apeks, LLC of Johnstown, OH on March 29, 2022, which was supplemented by letter on April 14, 2022.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain centrifuge utility platform and falling film evaporator systems and components thereof.  The complainant requests that the USITC issue a general exclusion order and cease and desist orders.  

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

Ambiopharm Inc. of Beech Island, SC; 
Calpha Industries Inc. of Laguna Hills, CA; 
Comerg, LLC of Phoenix, AZ; 
Ezhydro of Sacremento, CA; 
Henan Lanphan Industry Co., Ltd. of Zhengzhou, Henan Province, China; 
HX Labs, LLC of Albany, OR; 
Idea Makers, LLC of Salt Lake City, UT; 
Lab1st Scientific and Industrial Equipment, Inc. of Shanghai, China; 
Miracle Education Distributors, Inc. of Cathedral City, CA; 
Mountain Pure, LLC of Vineyard, UT; 
Redford Management of Los Angeles, CA; 
Ri Hemp Farms, LLC of West Greenwich, RI; 
Shanghai Yuanhuai Industries Co. Ltd. of Shanghai City, China; 
Toption Instrument Co., Ltd. of Shaanxi Province, China; and
Zhangjiagang Chunk Trading Corp. d/b/a Zhangjiagang Charme Trading Corp. Ltd. of Jiangsu Province, China.

By instituting this investigation (337-TA-1311), 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/er0428ll1923.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN MOBILE ELECTRONIC DEVICES

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain mobile electronic devices.  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 Maxwell, Ltd. of Kyoto, Japan on March 30, 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 mobile electronic devices.  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:

Lenovo Group Ltd. of Beijing, China; 
Lenovo (United States) Inc. of Morrisville, NC; and 
Motorola Mobility LLC of Libertyville, IL. 

By instituting this investigation (337-TA-1312), 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/er0428ll1924.htm

WALK-BEHIND SNOW THROWERS FROM CHINA INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of walk-behind snow throwers from China that the U.S. Department of Commerce (Commerce) has determined are 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, Commerce will issue antidumping duty orders and countervailing duty orders on imports of this product from China.

The Commission’s public report Walk-Behind Snow Throwers from China (Inv. Nos. 701-TA-666 and 731-TA-1558 (Final), USITC Publication 5322, May 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by May 26, 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

Walk-Behind Snow Throwers from China
Investigation Nos. 701-TA-666 and 731-TA-1558 (Final)

Product Description: 

Snow throwers are generally used to clear snow, primarily in residential and smaller commercial settings. They are intended for consumer household use but may also be used by professional landscapers and snow removal companies. Snow throwers (also referred to as “snow blowers”) are rotary-powered snow throwing machines that can be either self-propelled or non-self-propelled (pushed). Snow throwers as defined in Commerce’s scope are controlled by an operator walking behind the snow thrower, typically have a clearing width of 12 to 60 inches, and include finished and unfinished gas-powered snow throwers, which are generally considered more powerful and faster than electric or battery-powered snow throwers. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0422ll1920.htm

Decision to Initiate Antidumping and Countervailing Duty Investigations of White Grape Juice Concentrate from Argentina

On April 21, 2022, the Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of white grape juice concentrate from Argentina.

 

Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The Department of Commerce (Commerce) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period July 1, 2021, through December 31, 2021.

DATES:

Comments must be submitted within 30 days after publication of this notice.

FOR FURTHER INFORMATION CONTACT:

Kristen Johnson, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to section 805 of Title VIII of the Tariff Act of 1930 (the Softwood Lumber Act of 2008), the Secretary of Commerce is mandated to submit to the appropriate Congressional committees a report every 180 days on any subsidy provided by countries exporting softwood lumber or softwood lumber products to the United States, including stumpage subsidies. Commerce submitted its last subsidy report to the Congress on December 21, 2021. Read More→

https://www.federalregister.gov/documents/2022/04/20/2022-08434/subsidy-programs-provided-by-countries-exporting-softwood-lumber-and-softwood-lumber-products-to-the

ORGANIC SOYBEAN MEAL FROM INDIA INJURES U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry was materially injured by reason of imports of organic soybean meal from India that the U.S. Department of Commerce (Commerce) has determined is 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, Commerce will issue antidumping and countervailing duty orders on imports of this product from India.

The Commission’s public report Organic Soybean Meal from India (Inv. No. 701-TA-667 and 731-TA-1559 (Final), USITC Publication 5321, May 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by May 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

Organic Soybean Meal from India
Investigation Nos. 701-TA-667 and 731-TA-1559 (Final)

roduct Description:  The merchandise subject to these investigations is certified organic soybean Meal (OSBM). Certified organic soybean meal results from the mechanical pressing of certified organic soybeans into ground products known as soybean cake, soybean chips, or soybean flakes, with or without oil residues. Soybean cake is the product after the extraction of part of the oil from soybeans. Soybean chips and soybean flakes are produced by cracking, heating, and flaking soybeans and reducing the oil content of the conditioned product. Certified organic soybean meal is certified by the U.S. Department of Agriculture (USDA) National Organic Program (NOP) or equivalently certified to NOP standards or NOP-equivalent standards under an existing organic equivalency or recognition agreement. Certified organic soybean meal covered by these investigations has a protein content of 34 percent or higher. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0418ll1918.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING WELDED STAINLESS STEEL PRESSURE PIPE FROM INDIA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty and countervailing duty orders on imports of welded stainless steel pressure pipe from India 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 India 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 Welded Stainless Steel Pressure Pipe from India (Inv. Nos. 701-TA-548 and 731-TA-1298 (First Review), USITC Publication 5320, April 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by May 6, 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. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0415ll1917.htm

Commerce Department Expands Restrictions on Exports to Russia and Belarus in Response to Ongoing Aggression in Ukraine

Today, the Department of Commerce, through the Bureau of Industry and Security (BIS), is issuing a final rule that expands its highly restrictive controls on the export and reexport of U.S.-origin and certain foreign-produced commodities, software, and technologies to Russia and Belarus, further choking off access to inputs and products needed to sustain their military capabilities.

As a result of the rule issued today, BIS has imposed highly restrictive license requirements on all categories of items on the Commerce Control List (CCL) to Russia and Belarus, which expands U.S. scrutiny of transactions to almost any sensitive dual-use technology, software, or commodities that could be used to support Russia’s war effort. Furthermore, by applying a policy of denial to applications involving these items, the U.S. is effectively cutting off Russia and Belarus from access to a range of items. These restrictions should continue to severely degrade Russia’s ability to sustain its aggression, as supported by Belarus.

“Last weekend’s horrific revelations are further evidence that Russia’s brutality must be met strongly by the international community. The Department of Commerce is using the authorities it has to respond to Putin’s depravity,” said Secretary of Commerce Gina M. Raimondo. “Today’s action by BIS, in cooperation with our international allies and partners, shows that we will continue to apply pressure on Russia’s and Belarus’s strategic sectors to degrade their military capabilities.”

“It’s difficult to see the images and hear the reports from Bucha and not be deeply affected. Vladimir Putin’s campaign of destruction is appalling, and the United States and our allies and partners will continue applying severe pressure in multiple ways to bring an end to this carnage,” said Deputy Secretary of Commerce Don Graves. “The Department of Commerce will continue to use the authorities it has to do its part in that international and interagency effort.”

“Vladimir Putin’s absolute disregard for the humanity of the people of Ukraine demonstrates why Russia’s military must be cut off from the high-tech commodities, software, and technologies that the U.S. and our allies and partners produce,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “Russia and Belarus have used their access to inputs and products not to purse peaceful prosperity but instead to commit atrocities. Today’s action will further isolate Russia and Belarus and stifle their military capacity.” Read More→

https://www.commerce.gov/news/press-releases/2022/04/commerce-department-expands-restrictions-exports-russia-and-belarus

Commerce Announces Addition of Iceland, Liechtenstein, Norway, and Switzerland to Global Export Controls Coalition

Today, the U.S. Commerce Department, through the Bureau of Industry and Security (BIS), is issuing a rule that formally adds the nations of Iceland, Liechtenstein, Norway, and Switzerland to the growing global coalition of nations that are cooperating in our stand against Russian aggression, and Belarusian complicity, through their implementation of similarly stringent export controls. Multilateral application of export controls is a force-multiplier in cutting Russia and Belarus off from the commodities, technologies, and software necessary to sustain their aggression, depriving their defense, aerospace, and maritime sectors of key materials.

“The more countries that agree to implement tough export controls, the less chance Vladimir Putin has to obtain the commodities, software, and technologies that he needs to sustain his brutal war machine,” said Secretary of Commerce Gina M. Raimondo. “We welcome the commitment of Iceland, Liechtenstein, Norway, and Switzerland to joining the U.S. and 33 other allies and partners in standing together against Putin’s aggression.”

“Today’s rule recognizes the strong partnership we have with Iceland, Liechtenstein, Norway, and Switzerland in standing up for democracy and in solidarity with the people of Ukraine,” said Deputy Secretary of Commerce Don Graves. “The effectiveness of export controls is enhanced greatly when we are joined by committed international allies and partners. The more our coalition grows, the fewer places Putin and the Kremlin can turn for aid.”

“The growing coalition of committed allies and partners standing with Ukraine demonstrates that Putin badly miscalculated if he thought the international community would turn a blind eye to his brutal aggression,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “Iceland, Liechtenstein, Norway, and Switzerland are committed to strong export controls in response to Russia’s senseless war, and they are key partners in our international response. The controls these countries have implemented further technologically isolate Russia and its supporter Belarus.”

Under a rule issued and implemented today by BIS, Iceland, Liechtenstein, Norway, and Switzerland are added to the list of countries that are excluded from certain license requirements of the U.S. Russia/Belarus Sanctions rules, including the foreign direct product (FDP) rules for Russia/Belarus and Russian/Belarusian Military End Users (MEUs). Iceland, Liechtenstein, Norway, and Switzerland join Australia, Canada, the 27 member states of the European Union (EU), Japan, the Republic of Korea, New Zealand, and the United Kingdom, bringing the total number of countries excluded from application of the FDP rules to 37. Read More→

https://www.commerce.gov/news/press-releases/2022/04/commerce-announces-addition-iceland-liechtenstein-norway-and

APHIS amends entry requirements for importation of potato (Solanum tuberosum) from Prince Edward Island, Canada to prevent introduction of potato wart pathogen Synchytrium endobioticum

To: State and Territory Agricultural Regulatory Officials

Effective immediately, the United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) is amending its requirements for the importation of potato (Solanum tuberosum) from Prince Edward Island (PEI), Canada to prevent the introduction of potato wart (causal agent Synchytrium endobioticum) into the United States.

Synchytrium endobioticum (S. endobioticum) is regulated by APHIS as a Select Agent. Potato wart is known to affect only the domestic potato (Solanum tuberosum) and two wild potato species (Solanum spp.). The fungus overwinters in the soil as spores and may remain viable for 40 years or more in the absence of a host plant. The spores can survive a wide range of environmental conditions, including conditions in storage and transport. A low level of resting spores in tubers or soil is sufficient for the spread of the pathogen. The movement of infected potato tubers and contaminated soil are documented as important pathways for the introduction of S. endobioticum to new areas. There are no treatments available to control potato wart.

Prior to the issuance of Federal Order DA-2022-14, APHIS regulated the importation of potatoes from Canada according to the requirements of Federal Order DA-2015-01 issued on January 26, 2015. That order allowed the importation of table stock, bulk, unwashed, and seed potatoes from PEI with a phytosanitary certificate and under specified conditions.  

Potato wart was first reported in a processing potato field in PEI in 2000.   Since the initial detection 21 years ago, S. endobioticum had been detected in PEI in a total of 34 fields. In 2021, the Canadian Food Inspection Agency (CFIA) reported two new potato wart infestations, which resulted in Canada’s issuance of a Ministerial Order that suspended the certification of potato exports from PEI to the United States. Canada has requested that APHIS allow the resumption of potato imports under new conditions given the latest detections, and subsequent confirmatory analysis in February 2022.

To prevent the introduction of S. endobioticum into the United States, APHIS is replacing Federal Order DA-2015-01 with Federal Order DA-2022-14.  The Federal Order DA-2022-14 prohibits the importation of field-grown seed potatoes from PEI into the United States and allows the importation of potatoes for consumption that meet the specified conditions, as well as all other applicable USDA regulations.

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

https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/stakeholder-messages/plant-health-news/potatos-pei-entry-requirements

CSMS #51575437 - GUIDANCE: Suspending Normal Trade Relations with Russia and Belarus

On April 8, 2022, President Biden signed into law H.R. 7108, the “Suspending Normal Trade Relations with Russia and Belarus Act.”  Effective for shipments entered or withdrawn for consumption on or after April 9, 2022, the rates of duty set forth in Column 2 of the Harmonized Tariff Schedule of the United States (HTSUS) shall apply to all products of the Russian Federation and of the Republic of Belarus. 

Pursuant to H.R. 7108, should the President increase the rates of duty applicable to products of the Russian Federation and of the Republic of Belarus above the Column 2 rates of duty, CBP will issue a follow-up CSMS message.

For questions, please contact CBP’s Office of Trade, Commercial Operations, Revenue, and Entry (CORE) Division at OTENTRYSUMMARY@cbp.dhs.gov.

https://content.govdelivery.com/bulletins/gd/USDHSCBP-312fa8d?wgt_ref=USDHSCBP_WIDGET_2

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN POWER SEMICONDUCTORS, AND MOBILE DEVICES AND COMPUTERS CONTAINING SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain power semiconductors, and mobile devices and computers 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 Arigna Technology Limited of Dublin, Ireland on February 7, 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 power semiconductors, and mobile devices and computers containing same.  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:

Samsung Electronics Co., Ltd. of Suwon, Republic of Korea; 
Samsung Electronics America, Inc. of Ridgefield Park, NJ; 
Apple Inc. of Cupertino, CA; 
Google LLC of Mountain View, CA; 
TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong; 
TTE Technology, Inc. of Corona, CA; 
TCT Mobile (US) Inc. of Irvine, CA; 
TCL Communication Limited of Hong Kong Science Park, Hong Kong; 
Lenovo Group Ltd. of Beijing, China; 
Lenovo (United States) Inc. of Morrisville, NC; 
Motorola Mobility LLC of Chicago, IL; 
Microsoft Corporation of Redmond, WA; and 
OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China.

By instituting this investigation (337-TA-13xx), 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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USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CORE ORIENTATION SYSTEMS, PRODUCTS CONTAINING CORE ORIENTATION SYSTEMS, COMPONENTS THEREOF, AND METHODS OF USING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain core orientation systems, products containing core orientation systems, components thereof, and methods of using the same.  The products at issue in the investigation are described in the Commission’s notice of investigation. [link to notice]

The investigation is based on a complaint filed by Australian Mud Company Pty Ltd. of Balcatta, Western Australia, Australia and Reflex USA LLC of Chandler, AZ on March 1, 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 core orientation systems, products containing core orientation systems, components thereof, and methods of using the same.  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 in this investigation:

Boart Longyear Group Ltd. of West Valley City, UT; 
Boart Longyear Limited of Adelaide Airport, South Australia, Australia; 
Boart Longyear Company of West Valley City, UT; 
Boart Longyear Manufacturing and Distribution Inc. of West Valley City, UT;
Longyear TM, Inc. of West Valley City, UT; 
Globaltech Corporation Pty Ltd. of Forrestfield, Western Australia, Australia; 
Globaltech Pty Ltd. of Forrestfield, Western Australia, Australia;
Granite Construction Incorporated of Watsonville, CA; and
International Directional Services LLC of Chandler, AZ. 

By instituting this investigation (337-TA-1309), 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/er0330ll1911.htm

United States and Japan Reach an Agreement to Increase Beef Safeguard Trigger Level Under the U.S.-Japan Trade Agreement

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain power semiconductors, and mobile devices and computers 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 Arigna Technology Limited of Dublin, Ireland on February 7, 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 power semiconductors, and mobile devices and computers containing same.  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:

Samsung Electronics Co., Ltd. of Suwon, Republic of Korea; 
Samsung Electronics America, Inc. of Ridgefield Park, NJ; 
Apple Inc. of Cupertino, CA; 
Google LLC of Mountain View, CA; 
TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong; 
TTE Technology, Inc. of Corona, CA; 
TCT Mobile (US) Inc. of Irvine, CA; 
TCL Communication Limited of Hong Kong Science Park, Hong Kong; 
Lenovo Group Ltd. of Beijing, China; 
Lenovo (United States) Inc. of Morrisville, NC; 
Motorola Mobility LLC of Chicago, IL; 
Microsoft Corporation of Redmond, WA; and 
OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China.

By instituting this investigation (337-TA-13xx), 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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Tai, Raimondo Statements on 232 Tariff Agreement with United Kingdom

Novel Agreement with Critical Trade Partner Showcases Historic Trade Relationship Between the Two Countries and Will Counter Unfair Trade practices by China That Harm our Industries and Workers

WASHINGTON — Today, United States Trade Representative Katherine C. Tai and United States Secretary of Commerce Gina M. Raimondo announced a new 232 tariff agreement with the United Kingdom to allow historically-based sustainable volumes of U.K. steel and aluminum products to enter the U.S. market without the application of Section 232 tariffs.  In addition to novel smelt and cast requirements on aluminum, this deal also requires that any U.K. steel company owned by a Chinese entity must undertake an audit of their financial records to assess influence from the People’s Republic of China government. The results of these audits must also be shared with the United States.

This critical deal will not only help to ensure the long-term viability of our steel and aluminum industries, and protect American jobs, but once implemented, it will also lift retaliatory tariffs on over $500 million worth of U.S. exports to the U.K., including distilled spirits, various agriculture products and consumer goods. This deal serves as another example of President Biden’s commitment to rebuilding and strengthening relationships with our vital Allies and partners, while working together to address unfair practices by countries like China.

Ambassador Tai and Secretary Raimondo released the following statements:

Statement from Ambassador Katherine Tai:

“The deal announced today delivers on President Biden’s vision to work with our allies and partners to address shared challenges while also helping to ensure the long-term viability of our steel and aluminum industries, the communities they support, and most importantly, the workers in these industries on both sides of the Atlantic. In addition to the U.K. eliminating the retaliatory tariffs against the United States, we have also agreed to continue engaging on the threat posed by carbon intensive non-market excess capacity in the steel and aluminum industries.
 
“Throughout these negotiations and our successful effort to resolve the Boeing-Airbus dispute last year, Secretary of State for International Trade Anne-Marie Trevelyan and Secretary of State for Foreign, Commonwealth and Development Affairs Liz Truss have been thoughtful, honest partners. This renewed cooperation and shared commitment to creating durable trade policy that puts workers front and center will lead to greater prosperity for our citizens on both sides of the Atlantic and around world.”

Statement from Commerce Secretary Gina M. Raimondo:

“Since taking office, President Biden has made it a top priority to rebuild our relationships with our allies and partners around the world as we work to counter China’s unfair trade practices and ensure that America is able to compete globally in the 21st century. Today’s historic deal is a testament to that ambitious goal and will benefit America’s steel and aluminum industries and workers by protecting manufacturing, as well as consumers by easing inflationary pressures in the U.S. By allowing for a flow of duty-free steel and aluminum from the UK, we further ease the gap between supply and demand for these products in the United States.  And by removing the UK’s retaliatory tariffs, we reopen the British market to beloved American products. 

“I want to thank my counterpart, U.K. Secretary of State for International Trade Anne-Marie Trevelyan, for her part in this effort, which brings our countries closer together and represents a win-win for both businesses and consumers in the U.S. and the U.K.”

For details and language about the agreements, please view these documents: 

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Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties

AGENCY:

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

ACTION:

General notice.

SUMMARY:

This notice advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter. For the calendar quarter beginning April 1, 2022, the interest rates for overpayments will be 3 percent for corporations and 4 percent for non-corporations, and the interest rate for underpayments will be 4 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and U.S. Customs and Border Protection personnel.

DATES:

The rates announced in this notice are applicable as of April 1, 2022.

FOR FURTHER INFORMATION CONTACT:

Bruce Ingalls, Revenue Division, Collection Refunds & Analysis Branch, 6650 Telecom Drive, Suite #100, Indianapolis, Indiana 46278; telephone (317) 298-1107.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to 19 U.S.C. 1505 and Treasury Decision 85-93, published in the Federal Register on May 29, 1985 (50 FR 21832), the interest rate paid on applicable overpayments or underpayments of customs duties must be in accordance with the Internal Revenue Code rate established under 26 U.S.C. 6621 and 6622. Section 6621 provides different interest rates applicable to overpayments: One for corporations and one for non-corporations.

The interest rates are based on the Federal short-term rate and determined by the Internal Revenue Service (IRS) on behalf of the Secretary of the Treasury on a quarterly basis. The rates effective for a quarter are determined during the first-month period of the previous quarter.

In Revenue Ruling 2022-05, the IRS determined the rates of interest for the calendar quarter beginning April 1, 2022, and ending on June 30, 2022. The interest rate paid to the Treasury for underpayments will be the Federal short-term rate (1%) plus three percentage points (3%) for a total of four percent (4%) for both corporations and non-corporations. For corporate overpayments, the rate is the Federal short-term rate (1%) plus two percentage points (2%) for a total of three percent (3%). For overpayments made by non-corporations, the rate is the Federal short-term rate (1%) plus three percentage points (3%) for a total of four percent (4%). These interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties are increased from the previous quarter. These interest rates are subject to change for the calendar quarter beginning July 1, 2022, and ending on September 30, 2022. Read More→

Enhanced Transparency and Access to Information for Debtors and Sureties in the Automated Commercial Environment

AGENCY:

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

ACTION:

General notice.

SUMMARY:

This document announces that U.S. Customs and Border Protection (CBP) is making three enhancements to CBP's debt management processes to increase transparency and access to information for debtors and sureties. One of the enhancements will support importers of record, licensed customs brokers, and other Automated Commercial Environment (ACE) account users who owe debts to CBP by enabling the electronic viewing of bill sanction status and protest details in the unpaid, open bill details report in ACE. The other two enhancements will facilitate compliance for sureties by providing electronic access to the monthly report listing open delinquent bills by importer name (i.e., the Formal Demand on Surety for Payment of Delinquent Amounts Due, also informally referred to as the 612 Report) in ACE (in lieu of CBP emailing this information to sureties) and improving the content and design of the mailed 612 Report.

DATES:

On March 21, 2022, CBP will deploy updates to enable the electronic viewing of bill sanction status and protest details in the unpaid, open bill details report in ACE. Additionally, on May 1, 2022, sureties may begin to view the electronic 612 Report in ACE (in lieu of CBP emailing this information to sureties) and CBP will transition to the updated mailed 612 Report. Read More→

https://www.federalregister.gov/documents/2022/03/16/2022-05547/enhanced-transparency-and-access-to-information-for-debtors-and-sureties-in-the-automated-commercial

USITC TO INVESTIGATE U.S.-HAITI TRADE AND THE IMPACT OF U.S. PREFERENCE PROGRAMS

The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on U.S.-Haiti trade and the impact of U.S. trade preference programs on Haiti’s economy and workers. The Commission’s report will provide an overview of Haiti’s international trade since 1980, with special emphasis of the impact of the Caribbean Basin Economic Recovery Act (CBERA), Generalized System of Preferences (GSP), Haitian Hemispheric Opportunity through Partnership Encouragement (HOPE) Act of 2006, HOPE II in 2008, and the Haiti Economic Lift Program (HELP) in 2010, and the Trade Acts of 2000 and 2002 on Haiti’s trading relationship with the United States, Haiti’s economy, and workers.

The investigation, U.S.-Haiti Trade: Impact of U.S. Preference Programs on Haiti’s Economy and Workers, Inv. No. 332-590, was requested by the U.S. House of Representatives Committee on Ways and Means (Committee) in a letter received on February 22, 2022. The Committee noted in its letter that the HOPE and HELP preference programs will expire on September 30, 2025.

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

  • an overview of the Haitian economy and its competitiveness;

  • an examination of the role of U.S. preference programs in shaping Haiti’s economy; and

  • case studies on goods currently and historically exported from Haiti such as apparel, tropical fruits, and sporting goods, including baseballs, softballs, and basketballs.

The USITC expects to submit its report to the Committee by December 22, 2022.

The USITC will hold a public hearing in connection with the investigation via an online video conference platform, beginning at 9:30 a.m. on May 26, 2022.  More detailed information about the hearing, including how to participate, will be posted on the Commission’s website no later than April 22, 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 4, 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 23, 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. Read More→

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN BARCODE SCANNERS, MOBILE COMPUTERS WITH BARCODE SCANNING CAPABILITIES, SCAN ENGINES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain barcode scanners, mobile computers with barcode scanning capabilities, scan engines, components thereof, 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 Zebra Technologies Corporation of Lincolnshire, IL and Symbol Technologies, LLC of Holtsville, NY on February 7, 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 barcode scanners, mobile computers with barcode scanning capabilities, scan engines, components thereof, and products containing the same.  The complainants request 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:

Honeywell International Inc. of Charlotte, NC; and
Hand Held Products, Inc. of Charlotte, NC.

By instituting this investigation (337-TA-1307), 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/er0310ll1906.htm