USTR Releases Annual Special 301 Report on Intellectual Property Protection and Review of Notorious Markets for Piracy and Counterfeiting

Washington, DC - The Office of the United States Trade Representative today released its annual Special 301 Report on the adequacy and effectiveness of trading partners’ protection of intellectual property rights and the findings of its Notorious Markets List, which highlights online and physical markets that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting.

Special 301 Report

The Special 301 Report identifies trading partners that do not adequately or effectively protect and enforce intellectual property (IP) rights or otherwise deny market access to U.S. innovators and creators that rely on protection of their IP rights.

Trading partners that currently present the most significant concerns regarding IP rights are placed on the Priority Watch List or Watch List. USTR identified 36 countries for these lists in the Special 301 Report:

  • Algeria, Argentina, Chile, China, India, Indonesia, Kuwait, Russia, Saudi Arabia, Ukraine and Venezuela are on the Priority Watch List.

  • Barbados, Bolivia, Brazil, Canada, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, Greece, Guatemala, Jamaica, Lebanon, Mexico, Pakistan, Paraguay, Peru, Romania, Switzerland, Thailand, Turkey, Turkmenistan, the United Arab Emirates, Uzbekistan and Vietnam are on the Watch List. Read More →

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/april/ustr-releases-annual-special-301

Commerce Finds Dumping and Countervailable Subsidization of Imports of Glycine from India, China, and Japan

• On April 25, 2019, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of glycine from India, China (CVD only), and Japan (AD only). The final determinations in the AD and CVD investigations of glycine from Thailand have been postponed to address potential fraud.

• The AD and CVD laws provide 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 and subsidization of imports into the United States, establishing an opportunity to compete on a level playing field. Read More →

https://enforcement.trade.gov/download/factsheets/factsheet-multiple-glycine-ad-cvd-final-042519.pdf

U.S. International Trade in Goods and Services, February 2019

The U.S. Census Bureau and the U.S. Bureau of Economic Analysis announced today that the goods and services deficit was $49.4 billion in February, down $1.8 billion from $51.1 billion in January, revised.

U.S. International Trade in Goods and Services Deficit

Deficit:$49.4 Billion -3.4%

Exports:$209.7 Billion +1.1%

Imports:$259.1 Billion +0.2%

Next release: May 9, 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, April 17, 2019

Exports, Imports, and Balance (exhibit 1)

February exports were $209.7 billion, $2.3 billion more than January exports. February imports were $259.1 billion, $0.6 billion more than January imports.

The February decrease in the goods and services deficit reflected a decrease in the goods deficit of $1.2 billion to $72.0 billion and an increase in the services surplus of $0.5 billion to $22.6 billion.

Year-to-date, the goods and services deficit decreased $8.3 billion, or 7.6 percent, from the same period in 2018. Exports increased $11.1 billion or 2.7 percent. Imports increased $2.8 billion or 0.5 percent. Read More →

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

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 and March 2019, the Trade Representative granted two prior sets of 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. Read More →

https://www.federalregister.gov/documents/2019/04/18/2019-07758/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

Steel 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 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.

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

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 wheels from China will not be subject to retroactive antidumping or countervailing duties. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0424ll1089.htm

USITC Votes to Continue Investigations Concerning Wooden Cabinets and Vanities from China

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 wooden cabinets and vanities from China that are allegedly subsidized and sold in the United States at less than fair value.

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 Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of these products from China, with its preliminary countervailing duty determination due on or about May 30, 2019, and its preliminary antidumping duty determination due on or about August 13, 2019. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0419ll1088.htm

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. Read More →

https://www.federalregister.gov/documents/2019/04/18/2019-07758/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

Commerce Preliminarily Finds Dumping of Imports of Steel Wheels 12 to 16.5 Inches in Diameter from the People’s Republic of China

On April 16, 2019, the Department of Commerce (Commerce) announced its affirmative preliminary determination in the antidumping duty (AD) investigation of imports of steel wheels 12 to 16.5 inches in diameter (certain steel wheels) from the People’s Republic of China (China). • 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.

Read More →

https://enforcement.trade.gov/download/factsheets/factsheet-prc-steel-wheels-ad-prelim-041619.pdf


USITC Releases Report Concerning the Likely Impact of the United States-Mexico-Canada Agreement (USMCA)

The U.S. International Trade Commission (USITC) today released its report assessing the likely impact of the United States-Mexico-Canada Agreement (USMCA) that the President entered into with Mexico and Canada on November 30, 2018.

As requested by the U.S. Trade Representative and required by the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, the USITC’s report, United States-Mexico-Canada Agreement: Likely Impact on the U.S. Economy and Specific Industry Sectors, provides an assessment of the likely impact of the agreement on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers.

In making its assessment, the Commission investigated the impact the agreement would have on the U.S. gross domestic product; exports and imports; aggregate employment and employment opportunities; and the production, employment, and competitive position of industries likely to be significantly affected by the agreement. In addition, as requested, the Commission, in making its assessment, has reviewed available economic literature regarding the agreement, including literature concerning any substantially equivalent proposed agreement. The Commission provides a description of the analytical methods used and conclusions drawn in such literature as well as a discussion of areas of consensus and divergence between the Commission’s analyses and conclusions of other economic assessments reviewed.

Read More →

https://www.usitc.gov/press_room/news_release/2019/er0418ll1087.htm

USITC Votes To Continue Investigations On Carbon and Alloy Steel Threaded Rod From China, India, Taiwan, and Thailand

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 carbon and alloy steel threaded rod from China, India, Taiwan, and Thailand that are allegedly sold in the United States at less than fair value and subsidized by the governments of China and India.

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 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, India, Taiwan, and Thailand. Read More → 

https://www.usitc.gov/press_room/news_release/2019/er0405ll1079.htm

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Utility Scale Wind Towers from China and Vietnam

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of utility scale wind towers from China and Vietnam 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 Vietnam and the existing countervailing duty order on imports of these products from China will remain in place. Read More → 

https://www.usitc.gov/press_room/news_release/2019/er0409ll1081.htm

Second Joint Committee Meeting Under The Bilateral Agreement Between The United States Of America And The European Union On Prudential Measures Regarding Insurance And Reinsurance

WASHINGTON - On April 2, 2019, the United States and the European Union held the second meeting of the Joint Committee established under the U.S.-EU agreement on prudential measures regarding insurance and reinsurance (“the Agreement” hereafter). The United States and the European Union signed the Agreement on September 22, 2017, and the Agreement entered into force on April 4, 2018.

The Agreement—which is a ‘covered agreement’ as defined by the Dodd-Frank Act for the United States and an Agreement under Article 218 of the Treaty on the Functioning of the European Union for the European Union—addresses three areas of prudential insurance oversight: (1) reinsurance; (2) group supervision; and (3) the exchange of insurance information between supervisors. Read More → 

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/april/second-joint-committee-meeting-under

USTR Proposes Products for Tariff Countermeasures in Response to Harm Caused by EU Aircraft Subsidies

The United States Trade Representative (Trade Representative) is initiating an investigation to enforce U.S. rights in the World Trade Organization (WTO) dispute against the European Union (EU) and certain EU member States addressed to EU subsidies on large civil aircraft. The Trade Representative proposes determinations that the EU and certain member States have denied U.S. rights under the WTO Agreement and have failed to implement WTO Dispute Settlement Body recommendations. The Trade Representative proposes to take action in the form of additional duties on products of the EU or certain member States, to be drawn from the preliminary list annexed to this Notice. The interagency Section 301 Committee is seeking public comments and will hold a public hearing in connection with the proposed determinations. Read More → 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Preliminary_Product_List.pdf

Rubber Bands from 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 rubber bands from Thailand that the U.S. Department of Commerce (Commerce) has determined are 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 determination, Commerce will issue an antidumping duty order on imports of this product from Thailand. Read More → 

https://www.usitc.gov/press_room/news_release/2019/er0409ll1082.htm

Create/Update Importer Identity Form (CBP Form 5106)

The Create/Update Importer Identity Form (CBP Form 5106) is the form used to create or update importers' unique identification information within CBP's systems, per 19 CFR 24.5.  CBP is currently in the process of revising the form and incorporating those changes into ACE and will post information about the updates being made to the 5106 on this webpage.

CBP Form 5106 Information

  • Frequently Asked Question

  • Importer Account (CBP Form 5106) Webinar Recording

  • ACE CATAIR: Create/Update Importer Identity Form

  • ACE 5106 Error Dictionary

  • Create/Update Importer Identity Form (CBP Form 5106)

Other CBP Form 5106 Resources

  • ACE 5106 Information Notice

  • 5106 Policies and Procedures Guide

Read More →

https://www.cbp.gov/trade/programs-administration/entry-summary/cbp-form-5106

U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION

Highlights of This Month’s Edition

• Bilateral trade: In January 2019, U.S. exports of goods to China fell 27.5 percent year-on-year to $7.1 billion—a record-setting decline; the monthly U.S. trade deficit in goods with China totaled $34.5 billion.
• Bilateral policy issues: On March 6, Huawei sued the U.S. government, alleging it had been unlawfully and incorrectly banned from U.S. government procurement.
• Policy trends in China’s economy: The Chinese government set an annual GDP growth target of between 6 and 6.5 percent in 2019 amid slowing global economic growth projections and ongoing trade tensions with the United States; China’s new Foreign Investment Law aims to address U.S. concerns about intellectual property theft and forced technology transfers; observers expressed concern the law will serve as window dressing and not result in meaningful change. Read More →

https://www.uscc.gov/trade-bulletin/april-2019-trade-bulletin

USITC Votes To Continue Investigations On Carbon and Alloy Steel Threaded Rod From China, India, Taiwan, and Thailand

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 carbon and alloy steel threaded rod from China, India, Taiwan, and Thailand that are allegedly sold in the United States at less than fair value and subsidized by the governments of China and India. Read More →

https://www.usitc.gov/press_room/news_release/2019/er0405ll1079.htm

U.S. Department of Commerce's International Trade Administration and Amcham Korea Sign MOA to Promote Small Business Exports

Today, a Memorandum of Agreement (MOA) has been signed between the U. S. Department of Commerce's International Trade Administration (ITA) and The American Chamber of Commerce in Korea (AMCHAM Korea) to support export growth of U.S. small and medium-sized enterprises (SMEs) to South Korea.

This MOA signing is the first of its kind between ITA and a foreign-based American Chamber of Commerce for the specific purpose of expanding the number of U.S. small businesses exporting to another country. South Korea is currently the sixth largest trading partner in goods to the U.S. and is ably placed to support U.S. SMEs seeking an international market. Read More →

https://www.trade.gov/press/press-releases/2019/U.S.%20DEPARTMENT%20OF%20COMMERCE'S%20INTERNATIONAL%20TRADE%20ADMINISTRATION%20AND%20AMCHAM%20KOREA%20SIGN%20MOA%20TO%20PROMOTE%20SMALL%20BUSINESS%20EXPORTS.asp

CSMS# 19-000155- Submitting Imports of Second Group of Products Excluded from Section 301 Duties

On March 25, 2019, the U.S. Trade Representative will publish a Federal Register Notice announcing the decision to grant the second group of certain exclusion requests from the 25 percent duty assessed under the Section 301 investigation related to goods from China (Tranche 1). The product exclusions announced in this notice will be retroactive as of the July 6, 2018 effective date (see 83 FR 28710). The exclusions will extend for one year after the March 25, 2019 Federal Register notice. The exclusions are available for any product that meets the description in the Annex to the Federal Register notice, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit headings and product descriptions in the Annex, and not by the product descriptions set out in any particular request for exclusion. The functionality for the acceptance of the second group of products excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) on March 22, 2019. Read More →

https://csms.cbp.gov/viewmssg.asp?Recid=24140&page=&srch_argv=19-000155&srchtype=all&btype=&sortby=&sby

Commerce Initiates Antidumping Duty and Countervailing Duty Investigations of Imports of Carbon and Alloy Steel Threaded Rod from China, India, Taiwan, and Thailand

On March 14, 2019, the Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) investigations of imports of carbon and alloy steel threaded rod from China, India, Taiwan, and Thailand and countervailing duty (CVD) investigations of imports of carbon and alloy steel threaded rod from China and India. Read More →

https://enforcement.trade.gov/download/factsheets/factsheet-multiple-carbon-alloy-steel-threaded-rod-ad-cvd-initiations-031419.pdf