Customs Broker Verification of an Importer's Identity

This rule proposes to amend the U.S. Customs and Border Protection (CBP) regulations to require customs brokers to collect certain information from importers to enable the customs brokers to verify the identity of importers, including nonresident importers. CBP proposes these amendments, pursuant to section 116 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which directs CBP to promulgate regulations to require brokers to verify the identity of the importers who are their clients.

DATES:

Comments must be received on or before October 15, 2019.

ADDRESSES:

You may submit comments, identified by docket number, by one of the following methods:

USTR Announces Next Steps on Proposed 10 Percent Tariff on Imports from China

Washington, DC - The United States Trade Representative (USTR) today announced the next steps in the process of imposing an additional tariff of 10 percent on approximately $300 billion of Chinese imports. 

On May 17, 2019, USTR published a list of products imported from China that would be potentially subject to an additional 10 percent tariff.  This new tariff will go into effect on September 1 as announced by President Trump on August 1. 

Certain products are being removed from the tariff list based on health, safety, national security and other factors and will not face additional tariffs of 10 percent.

Further, as part of USTR’s public comment and hearing process, it was determined that the tariff should be delayed to December 15 for certain articles.  Products in this group include, for example, cell phones, laptop computers, video game consoles, certain toys, computer monitors, and certain items of footwear and clothing. 

USTR intends to conduct an exclusion process for products subject to the additional tariff.

The USTR will publish in the Federal Register as soon as possible additional details and lists of the tariff lines affected by this announcement. Read Article →

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN MOBILE DEVICES WITH MULTIFUNCTION EMULATORS

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain mobile devices with multifunction emulators.  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 Dynamics Inc. of Cheswick, PA, on July 12, 2019.  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 devices with multifunction emulators that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

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

Samsung Electronics Co., Ltd., of Suwon, Gyeonggi, Republic of Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.

By instituting this investigation (337-TA-1170), 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. Read Article →

Test Concerning Entry of Section 321 Low-Valued Shipments Through Automated Commercial Environment (ACE)

SUMMARY:

This document announces that U.S. Customs and Border Protection (CBP) is conducting a test of new functionalities related to the electronic entry filing for low-valued shipments through the Automated Commercial Environment (ACE). The Section 321 de minimis administrative exemption admits free from duty and tax, shipments of merchandise (other than bona-fide gifts and certain personal and household goods) imported by one person on one day having an aggregate fair retail value in the country of shipment of not more than $800. During this test, an owner, or purchaser of a Section 321 low-valued shipment or, when appropriately designated, a customs broker appointed by an owner, purchaser, or consignee, will be able to file a new type of informal entry in ACE for Section 321 low-valued shipments. Section 321 low-valued shipments subject to Partner Government Agency (PGA) requirements will also be able to be entered using this new Section 321 informal entry type. This notice provides a description of the test, the requirements for filing the new informal entry type, and the regulations that will be waived for test participants. CBP invites public comment concerning the test program. The test will be known as the ACE Entry Type 86 Test.

DATES:

The test will commence no earlier than September 28, 2019 and will continue until concluded by an announcement published in the Federal Register. Comments will be accepted throughout the duration of the test. Read More →

https://www.federalregister.gov/documents/2019/08/13/2019-17243/test-concerning-entry-of-section-321-low-valued-shipments-through-automated-commercial-environment

Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

SUMMARY:

Effective August 23, 2018, the U.S. Trade Representative (Trade Representative) imposed additional duties on goods of China with an annual trade value of approximately $16 billion (the $16 billion action) as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. The Trade Representative's determination included a decision to establish a product exclusion process. The Trade Representative initiated the exclusion process in September 2018, and stakeholders have submitted requests for the exclusion of specific products. This notice announces the Trade Representative's determination to grant certain exclusion requests, as specified in the Annex to this notice. The Trade Representative will continue to issue decisions on pending requests on a periodic basis.

DATES:

The product exclusions announced in this notice will apply as of the August 23, 2018 effective date of the $16 billion action, and will extend for one year after the publication of this notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.

FOR FURTHER INFORMATION CONTACT:

For general questions about this notice, contact Assistant General Counsels Philip Butler or Megan Grimball, or Director of Industrial Goods Justin Hoffmann at (202) 395-5725. For specific questions on customs classification or implementation of the product exclusions identified in the Annex to this notice, contact traderemedy@cbp.dhs.gov. Read More →

https://www.federalregister.gov/documents/2019/07/31/2019-16256/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

The U.S. Census Bureau and the U.S. Bureau of Economic Analysis announced today that the goods and services deficit was $55.2 billion in June, down $0.2 billion from $55.3 billion in May, revised

The U.S. Census Bureau and the U.S. Bureau of Economic Analysis announced today that the goods and services deficit was $55.2 billion in June, down $0.2 billion from $55.3 billion in May, revised.

U.S. International Trade in Goods and Services Deficit

  • Deficit:$55.2 Billion -0.3%

  • Exports:$206.3 Billion-2.1%

  • Imports:$261.5 Billion-1.7%

Next release: September 4, 2019

(°) Statistical significance is not applicable or not measurable. Data adjusted for seasonality but not price changes

Source: U.S. Census Bureau, U.S. Bureau of Economic Analysis; U.S. International Trade in Goods and Services, August 2, 2019

Exports, Imports, and Balance (exhibit 1)

June exports were $206.3 billion, $4.4 billion less than May exports. June imports were $261.5 billion, $4.6 billion less than May imports.

The June decrease in the goods and services deficit reflected a decrease in the goods deficit of $0.8 billion to $75.1 billion and a decrease in the services surplus of $0.6 billion to $20.0 billion.

Year-to-date, the goods and services deficit increased $23.2 billion, or 7.9 percent, from the same period in 2018. Exports increased $0.5 billion or less than 0.1 percent. Imports increased $23.8 billion or 1.5 percent.

Three-Month Moving Averages (exhibit 2)

The average goods and services deficit increased $1.1 billion to $53.9 billion for the three months ending in June.

  • Average exports decreased $1.7 billion to $207.8 billion in June.

  • Average imports decreased $0.6 billion to $261.7 billion in June.

Year-over-year, the average goods and services deficit increased $7.2 billion from the three months ending in June 2018.

  • Average exports decreased $3.3 billion from June 2018.

  • Average imports increased $4.0 billion from June 2018. Read More →

https://www.bea.gov/news/2019/us-international-trade-goods-and-services-june-2019

Commerce Preliminarily Finds Dumping of Imports of Acetone from Singapore and Spain

  • On July 30, 2019, the Department of Commerce (Commerce) announced its affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of acetone from Singapore and Spain.

  • The AD law provides U.S. businesses and workers with a transparent, quasi-judicial, and internationally accepted mechanism to seek relief from the market distorting effects caused by injurious dumping of imports into the United States, establishing an opportunity to compete on a level playing field.

  • For the purpose of AD investigations, dumping occurs when a foreign company sells an imported product in the United States at less than fair value.

  • In the Singapore investigation, Commerce assigned a preliminary dumping rate of 131.75 percent to mandatory respondent Mitsui Phenols Singapore Pte. Ltd. Commerce assigned a preliminary dumping rate of 66.42 percent for all other Singaporean producers and exporters.

  • In the Spain investigation, Commerce assigned a preliminary dumping rate of 171.81 percent to mandatory respondent CEPSA Quimica, S.A. Commerce preliminarily found that Industrias Quimicas del Oxido de Etileno, S.A., one of the two Spanish producers/exporters named in the petition, had no exports, shipments, or sales of subject merchandise to the United States during the period of investigation. Commerce assigned a preliminary dumping rate of 137.39 percent for all other Spanish producers and exporters.

  • The petitioner is the Coalition for Acetone Fair Trade. The members of the Coalition for Acetone Fair Trade are AdvanSix Inc. (Parsippany, NJ), Altivia Petrochemicals, LLC (Haverhill, OH), and Olin Corporation (Clayton, MO).

  • The merchandise covered by these investigations is all grades of liquid or aqueous acetone. Acetone is also known under the International Union of Pure and Applied Chemistry (IUPAC) name propan-2-one. In addition to the IUPAC name, acetone is also referred to as ß-ketopropane (or beta-ketopropane), ketone propane, methyl ketone, dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-propanone, dimethyl formaldehyde, pyroacetic acid, pyroacetic ether, and pyroacetic spirit. Acetone is an isomer of the chemical formula C3H6O, with a specific molecular formula of CH3COCH3 or (CH3)2CO. Read More →

https://enforcement.trade.gov/download/factsheets/factsheet-multiple-acetone-ad-prelim-073019.pdf

STEEL TRAILER WHEELS 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 steel trailer wheels 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.

Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. 

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China. 

The Commission also made negative findings concerning critical circumstances with regard to imports of this product from China.  As a result, imports of steel trailer wheels from China will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Steel Trailer Wheels from China (Inv. Nos. 701-TA-609 and 731-TA-1421 (Final), USITC Publication 4943, August 2019) will contain the views of the Commission and information developed during the investigations.

The report will be available by September 12, 2019; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0802ll1137.htm

Commerce Issues Affirmative Preliminary Determinations in the Countervailing Duty Investigations of Imports of Carbon and Alloy Steel Threaded Rod from China and India

FACT SHEET

Commerce Issues Affirmative Preliminary Determinations in the Countervailing Duty Investigations of Imports of Carbon and Alloy Steel Threaded Rod from China and India

• On July 23, 2019, the Department of Commerce (Commerce) announced the affirmative preliminary determinations of the countervailing duty (CVD) investigations of imports of carbon and alloy steel threaded rod from China and India.

• The CVD law provides U.S. businesses and workers with a transparent, quasi-judicial, and internationally accepted mechanism to seek relief from the market-distorting effects caused by unfair subsidization of imports into the United States, establishing an opportunity to compete on a level playing field.

• For the purpose of a CVD investigation, a countervailable subsidy is financial assistance from a foreign government that benefits the production of goods by foreign companies and is limited to specific enterprises or industries, or is contingent either upon export performance or upon the use of domestic goods over imported goods.

• In the China investigation, Commerce assigned a preliminary subsidy rate of 23.41 percent to mandatory respondent Ningbo Zhongjiang High Strength Bolts Co., Ltd. and 24.89 percent to mandatory respondent Zhejiang Junyue Standard Part Co., Ltd. The preliminary subsidy rate for all other Chinese producers and exporters is 23.83 percent.

• In the India investigation, Commerce assigned a preliminary subsidy rate of 6.07 percent to mandatory respondent Mangal Steel Enterprises Limited, and 155.03 percent to mandatory respondent Daksh Fasteners. The preliminary subsidy rate for all other Indian producers and exporters is 6.07 percent.

• Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of carbon and alloy steel threaded rod from China, and India based on these preliminary rates.

• The petitioner is Vulcan Threaded Products Inc. (Pelham, AL). Read More →

https://enforcement.trade.gov/download/factsheets/factsheet-multiple-carbon-alloy-steel-threaded-rods-cvd-prelim-072319.pdf

Proposed Modifications to the U.S.-Korea FTA Rules of Origin Would Likely Have a Negligible Effect on U.S. Imports and Exports, Says USITC

However, USITC Notifies USTR That Two Domestic Producers Filed Objections

Proposed modifications to the United States-Korea Free Trade Agreement (KORUS) rules of origin are likely to have a negligible effect on U.S. imports and U.S. exports, but they could impact the U.S. industry that produces some of the affected articles, reports the United States International Trade Commission (USITC) in its publication U.S.-Korea FTA: Advice on Modifications to Certain Textile and Apparel Rules of Origin.

The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).

As requested, the report provides advice on the probable economic effect of the proposed modifications to the U.S.-Korea FTA rules of origin on U.S. trade under the agreement, on total U.S. trade, and on domestic production of the affected articles. The proposed modifications, detailed in the USTR's request letter, cover the following of headings of the Harmonized Tariff Schedule of the United States (HTS):

  • Certain cotton yarns (under HTS heading 5206) with viscose rayon staple fibers (under HTS subheadings 5504.10 or 5507.00);

  • Certain woven fabrics (under HTS heading 5408) with cuprammonium rayon yarns (under HTS subheading 5403.39); and

  • Certain apparel (under HTS heading 6110), accessories, and apparel parts (under HTS heading 6117) of cashmere yarns (under HTS heading 5108). Read More →

https://www.usitc.gov/press_room/news_release/2019/er0724ll1132.htm

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty...

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

SUMMARY:

On December 28, 2018, Commerce published in the Federal Register the preliminary results of the 2016-2017 administrative review of the antidumping duty order on solar cells from the China.[1] For events subsequent to the Preliminary Results, see Commerce's Issues and Decision Memorandum.[2] The final weighted-average dumping margins are listed below in the “Final Results of Review” section of this notice.

DATES: Applicable July 30, 2019.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen and Krisha Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2769 and (202) 482-4037, respectively.

SUPPLEMENTARY INFORMATION:

Background

On January 28, 2019, Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from December 22, 2018 through January 27, 2019.[3] Subsequently, Commerce extended the deadline for the final results of this review until July 24, 2019.[4]

Scope of the Order

The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials.[5]Merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6015, 8541.40.6020, 8541.40.6025, 8541.40.6030, 8541.40.6035, 8541.40.6045, and 8501.31.8000. Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Read More →

https://www.federalregister.gov/documents/2019/07/30/2019-16159/crystalline-silicon-photovoltaic-cells-whether-or-not-assembled-into-modules-from-the-peoples

Members consider requests for panels to review US safeguard on solar cells, Indian sugar sector

At a meeting of the Dispute Settlement Body (DSB) on 22 July, WTO members considered a request from China for a dispute panel to review a US safeguard measure on imports of crystalline silicon photovoltaic products. Members also considered three separate requests from Brazil, Australia and Guatemala for panels to review India’s support measures for the sugar sector.

DS562 United States – Safeguard Measure on Imports of Crystalline Silicon Photovoltaic Products

China submitted its first request for a panel to review a US safeguard measure on imports of crystalline silicon photovoltaic cells. China noted that the measure, which took effect in January 2018, is in the form of a tariff rate quota imposed for a period of four years, with unchanging in-quota quantities and annual reductions in the rates of duty applicable to goods entered in excess of those quantities in the second, third and fourth years. The duty rate for the first year was set at 30%.

China said the measure violates the core principles of the WTO disciplining the proper use of safeguard measures. The United States failed to provide a reasoned and adequate explanation of any of the essential conditions justifying the imposition of a safeguard, it said.  This is not the first challenge against US safeguard measures, China noted, with several prior challenges resulting in the US measures being found WTO-inconsistent and Korea initiating similar proceedings against the US solar cells safeguard last year. Consultations were held on 22 October 2018 with a view to reaching a mutually satisfactory solution, China noted, but the talks failed to resolve the dispute, prompting China to submit its request for the panel. Read More →

https://www.wto.org/english/news_e/news19_e/dsb_16jul19_e.htm

Comment Request; Report on the State of Counterfeit and Pirated Goods Trafficking and Recommendations

The Department of Commerce is seeking comments from intellectual property rights holders, online third-party marketplaces and other third-party intermediaries, and other private-sector stakeholders on the state of counterfeit and pirated goods trafficking through online third-party marketplaces and recommendations for curbing the trafficking in such counterfeit and pirated goods. All responses to this notice will be shared with interagency teams, and specifically the Department of Homeland Security (DHS), for use in preparing a report for the President as directed by the April 3, 2019 Presidential Memorandum on “Combating Trafficking in Counterfeit and Pirated Goods” (Presidential Memorandum). Read More →

https://www.federalregister.gov/documents/2019/07/10/2019-14715/comment-request-report-on-the-state-of-counterfeit-and-pirated-goods-trafficking-and-recommendations

Steel Propane Cylinders from China and Thailand 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 steel propane cylinders from China and Thailand 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 government of China.

Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.  Commissioner Meredith M. Broadbent did not participate in these investigations.

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China and antidumping duty orders on such imports from Thailand. 

The Commission’s public report Steel Propane Cylinders from China and Thailand (Inv. Nos. 701-TA-607 and 731-TA-1417 and 1419 (Final), USITC Publication 4938, August 2019) will contain the views of the Commission and information developed during the investigations. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0717ll1129.htm

USITC Votes to Continue Investigations of Certain Collated Steel Staples from China, Korea, and Taiwan

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 collated steel staples from China that are allegedly subsidized and sold in the United States at less than fair value.  The Commission further found that imports of this product from Korea and Taiwan are negligible and voted to terminate those investigations.

Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, and Rhonda K. Schmidtlein voted in the affirmative with respect to China and made findings of negligibility with respect to Korea and Taiwan.  Commissioner Jason E. Kearns did not participate in these investigations.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from China, with its preliminary countervailing duty determination due on or about August 30, 2019, and its preliminary antidumping duty determination due on or about November 16, 2019.  As a result of the Commission’s findings of negligibility, the investigations concerning imports of this product from Korea and Taiwan will be terminated. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0719ll1130.htm

WTO issues panel reports regarding US measures on Canadian, Mexican steel and aluminium

On 11 July the WTO circulated two panel report in the cases brought by Canada and Mexico in “United States — Certain Measures on Steel and Aluminium Products” (DS550) and “United States — Certain Measures on Steel and Aluminium Products” (DS551).

On 23 May and 28 May respectively the parties notified the WTO that they had reached a mutually agreed solution to their disputes, which consisted of the United States' elimination of certain duties on steel and aluminium products from Canada and Mexico. In accordance with Article 12.7 of the Dispute Settlement Understanding, the panel reports provide a brief description of the cases and note that solutions have been reached.


DS550 United States — Certain Measures on Steel and Aluminium Products

In pdf format:

Read More →

https://www.wto.org/english/news_e/news19_e/550_551r_e.htm

Commerce Issues Affirmative Preliminary Determinations in the Countervailing Duty Investigations of Imports of Fabricated Structural Steel from China and Mexico...

• On July 8, 2019, the Department of Commerce (Commerce) announced the affirmative preliminary determinations of the countervailing duty (CVD) investigations of imports of fabricated structural steel (FSS) from China and Mexico and a negative preliminary determination in the CVD investigation of imports of FSS from Canada.

• The CVD law provides U.S. businesses and workers with a transparent, quasi-judicial, and internationally accepted mechanism to seek relief from the market-distorting effects caused by unfair subsidization of imports into the United States, establishing an opportunity to compete on a level playing field.

• For the purpose of a CVD investigation, a countervailable subsidy is financial assistance from a foreign government that benefits the production of goods by foreign companies and is limited to specific enterprises or industries, or is contingent either upon export performance or upon the use of domestic goods over imported goods.

• In the Canada investigation, Commerce assigned a preliminary subsidy rate of 0.12 percent (de minimis) and 0.45 percent (de minimis) to mandatory respondents Les Constructions Beauce-Atlas Inc. and Les Industries Canatal Inc., respectively.

• In the China investigation, Commerce assigned a preliminary subsidy rates of 30.30 percent and 36.07 percent to mandatory respondents Modern Heavy Industries (Taicang) Co., Ltd. and Shanghai Matsuo Steel Structure Co., Ltd., respectively. Commerce also assigned a subsidy rate of 177.43 percent to the following non-responsive companies: Hongju Metals Co., Ltd., Huaye Steel Structure Co., Jiangsu Kingmore Storage Equipment, Jiangsu Zhengchang Cereal Oil & Feed, Ningbo Jiangbei Huarentai Trade, Ningbo Win Success Machinery Co., Ltd., Shangdong Taipeng Home Products Co., Sinopec Engineering (Group) Co., Ltd., Sunjoy Industrial Group Limited, Sunjoy Industries (Jiashan) Co., Ltd., Wuxi Huishan Metalwork Technology Co., Ltd., and Yueqing Yihua New Energy Technology. The preliminary subsidy rate for all other Chinese producers and exporters is 32.64 percent. Read More →

https://enforcement.trade.gov/download/factsheets/factsheet-multiple-fabricated-structural-steel-cvd-prelim-070819.pdf

Notice of Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

Effective July 6, 2018, the U.S. Trade Representative (Trade Representative) imposed additional duties on goods of China with an annual trade value of approximately $34 billion (the $34 billion action) as part of the action in the Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation.

The Trade Representative's determination included a decision to establish a product exclusion process. The Trade Representative initiated the exclusion process in July 2018, and stakeholders have submitted requests for the exclusion of specific products. In December 2018, March 2019, April 2019, May 2019, and June 2019, the Trade Representative granted exclusion requests. This notice announces the Trade Representative's determination to grant additional exclusion requests, as specified in the Annex to this notice. The Trade Representative will continue to issue decisions on pending requests on a periodic basis.

DATES:

The product exclusions announced in this notice will apply as of the July 6, 2018 effective date of the $34 billion action, and will extend for one year after the publication of this notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. Read More →

https://www.federalregister.gov/documents/2019/07/09/2019-14562/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

USITC Institutes Section 337 Investigation of Certain Touch-Controlled Mobile Devices, Computers, and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain touch-controlled mobile devices, computers, and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Neodron Ltd. of Dublin, Ireland, on May 22, 2019.  An amended complaint was filed on May 23, 2019.  The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain touch-controlled mobile devices, computers, and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

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

Amazon,com, Inc., of Seattle, WA;
Dell Technologies Inc. of Round Rock, TX;
HP Inc. of Palo Alto, CA;
Lenovo Group Ltd. of Beijing, China;
Lenovo (United States) Inc. of Morrisville, NC;
Microsoft Corporation of Redmond, WA;
Motorola Mobility LLC of Chicago, IL;
Samsung Electronics Co., Ltd., of Suwon, South Korea; and
Samsung Electronics America, Inc., of Ridgefield Park, NJ.

By instituting this investigation (337-TA-1162), 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. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0619ll1116.htm

Air Cargo Advance Screening (ACAS)

To address ongoing aviation security threats, U.S. Customs and Border Protection (CBP) is amending its regulations pertaining to the submission of advance air cargo data to implement a mandatory Air Cargo Advance Screening (ACAS) program for any inbound aircraft required to make entry under the CBP regulations that will have commercial cargo aboard. The ACAS program requires the inbound carrier or other eligible party to electronically transmit specified advance cargo data (ACAS data) to CBP for air cargo transported onboard U.S.-bound aircraft as early as practicable, but no later than prior to loading of the cargo onto the aircraft. The ACAS program enhances the security of the aircraft and passengers on U.S.-bound flights by enabling CBP to perform targeted risk assessments on the air cargo prior to the aircraft's departure for the United States. These risk assessments will identify and prevent high-risk air cargo from being loaded on the aircraft that could pose a risk to the aircraft during flight. Read More →

https://www.federalregister.gov/documents/2018/06/12/2018-12315/air-cargo-advance-screening-acas