USITC VOTES TO CONTINUE INVESTIGATIONS ON MATTRESSES FROM FROM CAMBODIA, CHINA, INDONESIA, MALAYSIA, SERBIA, THAILAND, TURKEY, AND VIETNAM

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 mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the government of China. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam with its preliminary countervailing duty determination due on or about June 24, 2020, and its antidumping duty determinations due on or about September 8, 2020.

The Commission’s public report Mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam (Inv. Nos. 701-TA-645 and 731-TA-1495-1501 (Preliminary), USITC Publication 5059, May 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after June 12, 2020; 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/2020/er0514ll1557.htm

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

Washington, DC - The Office of the United States Trade Representative (USTR) 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 Review of Notorious Markets for Counterfeiting and Piracy (the Review), which highlights online and physical markets that reportedly engage in and facilitate substantial trademark counterfeiting and copyright piracy.

“The Trump Administration is committed to holding intellectual property rights violators accountable and to ensuring that American innovators and creators have a full and fair opportunity to use and profit from their work,” said U.S. Trade Representative Robert Lighthizer.  “Over the last year, USTR has secured strong and enforceable obligations on intellectual property in our historic agreements with China, Canada, and Mexico.  The two reports issued today illustrate the Administration’s commitment to protecting intellectual property rights and combatting counterfeiting and piracy in online and physical markets.”

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 33 countries for these lists in the Special 301 Report:

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

• Barbados, Bolivia, Brazil, Canada, Colombia, Dominican Republic, Ecuador, Egypt, Guatemala, Kuwait, Lebanon, Mexico, Pakistan, Paraguay, Peru, Romania, Thailand, Trinidad & Tobago, Turkey, Turkmenistan, the United Arab Emirates, Uzbekistan and Vietnam are on the Watch List.
   

USTR also announced Out-of-Cycle Reviews for Malaysia and Saudi Arabia.

These trading partners will be the subject of increased bilateral engagement with USTR to address IP concerns.  Over the coming weeks, USTR will review the developments against the benchmarks established in the Special 301 action plans for those countries.  For countries failing to address U.S. concerns, USTR will take appropriate actions, which may include enforcement actions under Section 301 of the Trade Act or pursuant to World Trade Organization (WTO) or other trade agreement dispute settlement procedures.

As part of the Special 301 review process, USTR invited public comments and held a public hearing that featured testimony from witnesses representing foreign governments, industry, and non-governmental organizations.  USTR also offered a post-hearing comment period during which hearing participants could submit additional information.   

Click here to read the 2020 Special 301 public hearing transcript.

Click here to view the video recording of the 2020 Special 301 public hearing.

To read the Special 301 Report, click here.  

Review of Notorious Markets for Counterfeiting and Piracy

The Review of Notorious Markets for Counterfeiting and Piracy highlights 38 online markets and 34 physical markets that are reported to engage in or facilitate substantial trademark counterfeiting and copyright piracy.  This activity harms the American economy by undermining the innovation and intellectual property rights of U.S. IP owners in foreign markets.  An estimated 2.5 percent, or nearly half a trillion dollars’ worth, of imports worldwide are counterfeit and pirated products.

The Review maintains its special focus on the distribution of pirated content and counterfeit goods online.  This year, the Review contains an “Issue Focus” that explores the nexus between online piracy and malware.  The Review also continues to discuss emerging piracy models, including illicit streaming devices, “stream-ripping,” and piracy portals and apps that cause major damage to the digital marketplace for legitimate music, movies, and television. 

In addition, consistent with the April 2019 Presidential Memorandum on Combatting Trafficking in Counterfeit and Pirated Goods, this year’s Review has an expanded discussion on the challenges related to counterfeit and pirated goods on e-commerce platforms and third-party marketplaces.  USTR will continue to address the issue of counterfeit and pirated goods with our trading partners and is considering seeking more information regarding e-commerce platforms, including those based in the United States, in future reports.

The Review does not constitute an exhaustive list of all markets reported to deal in pirated or counterfeit goods around the world, nor does it reflect findings of legal violations or the U.S. Government’s analysis of the general IP protection and enforcement climate in the country concerned.  USTR initiated this Review on August 19, 2019 through publication in the Federal Register a request for public comments.  The request for comments and the public’s responses are online at www.regulations.gov, Docket number USTR-2019-0013.

To read the Review of Notorious Markets for Counterfeiting and Piracy, click here.

# # #

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/april/ustr-releases-annual-special-301-report-intellectual-property-protection-and-review-notorious

Commerce Finds Dumping and Countervailable Subsidization of Imports of Quartz Surface Products from India and Turkey

• On April 28, 2020, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of quartz surface products from India and Turkey.

• 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 of injurious dumping and subsidization of imports into the United States, establishing an opportunity to compete on a level playing field.

• For the purpose of an AD investigation, dumping occurs when a foreign company sells a product in the United States at less than its fair value. For the purpose of a CVD investigation, a countervailable subsidy is financial assistance from a foreign government that benefits the production of goods from 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 India AD investigation, Commerce calculated a final dumping rate of 5.15 percent for mandatory respondents Antique Marbonite Private Limited, India (Antique Marbonite), Shivam Enterprises, and Prism Johnson Limited (collectively, Antique Group), and 2.67 percent for mandatory respondent Pokarna Engineered Stone Limited (Pokarna). Commerce assigned a final dumping rate of 3.19 percent to all other Indian producers and exporters.

• In the India CVD investigation, Commerce calculated final subsidy rates of 1.57 percent and 2.34 percent for mandatory respondents Antique Marbonite and Pokarna, respectively. Commerce assigned a final subsidy rate of 2.17 percent to all other producers and exporters.

• In the Turkey AD investigation, Commerce calculated a final dumping rate of 5.17 percent for mandatory respondents Belenco dis Tikaret A.Ş. and Peker Yüzey Tasarımları Sanayi ve Ticaret A.Ş., and 0.0 percent for mandatory respondent Ermaş Madencilik Turizm Sanayi Ve Ticaret Anonim Şirketi. Commerce assigned a final dumping rate of 5.17 percent to all other Turkish producers and exporters.

• In the Turkey CVD investigation, Commerce calculated a final subsidy rate of 2.43 percent for the mandatory respondent Belenco Dis Ticaret A.S. and Peker Yüzey Tasarıları Sanayi ve Tic. A.Ş. Commerce assigned a final subsidy rate of 2.43 percent to all other producers and exporters.

• Upon publication of the final affirmative AD determinations, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect AD cash deposits equal to the applicable final weighted-average dumping rates. Further, as a result of the affirmative final CVD determinations, if the U.S. International Trade Commission (ITC) makes affirmative injury determinations, Commerce will instruct CBP to resume collection of CVD cash deposits equal to the applicable subsidy rates.

• The petitioner is Cambria Company, LLC (Eden Prairie, MN).

Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty

AGENCY:

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

DATES:

Applicable May 4, 2020.

FOR FURTHER INFORMATION CONTACT:

Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230, telephone: (202) 482-3692.

SUPPLEMENTARY INFORMATION:

On February 18, 2020, the Department of Commerce (Commerce), pursuant to section 702(h) of the Trade Agreements Act of 1979 (as amended) (the Act), published the quarterly update to the annual listing of foreign government subsidies on articles of cheese subject to an in-quota rate of duty covering the period July 1, 2019 through September 30, 2019.[1] In the Third Quarter 2019 Update, we requested that any party that has information on foreign government subsidy programs that benefit articles of cheese subject to an in-quote rate of duty submit such information to Commerce.[2] We received no comments, information or requests for consultation from any party.

Pursuant to section 702(h) of the Act, we hereby provide Commerce's update of subsidies on articles of cheese that were imported during the period October 1, 2019 through December 31, 2019. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available.

Commerce will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. Commerce encourages any person having information on foreign government Start Printed Page 26442subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230.

This determination and notice are in accordance with section 702(a) of the Act.

Dated: April 27, 2020.

Jeffrey I. Kessler,

Assistant Secretary for Enforcement and Compliance. Read More →

https://www.federalregister.gov/documents/2020/05/04/2020-09406/quarterly-update-to-annual-listing-of-foreign-government-subsidies-on-articles-of-cheese-subject-to

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN PORTABLE GAMING CONSOLE SYSTEMS WITH ATTACHABLE HANDHELD CONTROLLERS AND COMPONENTS THEREOF II

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable gaming console systems with attachable handheld controllers and components thereof II.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Gamevice, Inc., of Simi Valley, CA, on March 27, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable gaming console systems with attachable handheld controllers and components thereof II that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.  The USITC has identified the following as respondents in this investigation:

Nintendo Co., Ltd., of Kyoto, Japan; and
Nintendo of America, Inc., of Redmond, WA.

By instituting this investigation (337-TA-1197), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

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

# # #

https://www.usitc.gov/press_room/news_release/2020/er0429ll1514.htm

USMCA To Enter Into Force July 1 After United States Takes Final Procedural Steps For Implementation

04/24/2020

Washington, DC – U.S. Trade Representative Robert Lighthizer today notified Congress that Canada and Mexico have taken measures necessary to comply with their commitments under the United States–Mexico–Canada Agreement (USMCA), and that the Agreement will enter into force on July 1, 2020.  Following that notification to Congress, the United States became the third country to notify the other Parties that it had completed its domestic procedures to implement the agreement—the final step necessary for the USMCA to enter into force.

The USMCA’s entry into force marks the beginning of a historic new chapter for North American trade by supporting more balanced, reciprocal trade, leading to freer markets, fairer trade, and robust economic growth in North America.  The Agreement contains significant improvements and modernized approaches to rules of origin, agricultural market access, intellectual property, digital trade, financial services, labor, and numerous other sectors.  These enhancements will deliver more jobs, provide stronger labor protections, and expand market access, creating new opportunities for American workers, farmers, and ranchers.

“The crisis and recovery from the Covid-19 pandemic demonstrates that now, more than ever, the United States should strive to increase manufacturing capacity and investment in North America. The USMCA’s entry into force is a landmark achievement in that effort.  Under President Trump’s leadership, USTR will continue working to ensure a smooth implementation of the USMCA so that American workers and businesses can enjoy the benefits of the new agreement,” said Ambassador Robert Lighthizer.

###

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/april/usmca-enter-force-july-1-after-united-states-takes-final-procedural-steps-implementation

Commerce Preliminarily Finds Dumping of Imports of Certain Glass Containers from China

• On April 23, 2020, the Department of Commerce (Commerce) announced its affirmative preliminary determination in the antidumping duty (AD) investigation of imports of certain glass containers from 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.

• Commerce calculated a preliminary dumping rate of 24.90 percent for mandatory respondent Guangdong Huaxing Glass Co., Ltd. and 7.60 percent for mandatory respondent Qixia Changyu Glass Co., Ltd. Commerce assigned a preliminary dumping rate of 13.76 percent to those companies not individually examined that were found to be eligible for a separate rate. Commerce assigned a preliminary dumping rate of 255.68 percent to all other producers/exporters of certain glass containers from China.

• As a result of the preliminary affirmative determination, Commerce will instruct U.S. Customs and Border Protection (CBP) to require, where appropriate, cash deposits for imports of certain glass containers from China based on these preliminary rates.

• The petitioner is American Glass Packaging Coalition, whose members are Anchor Glass Container Corporation (Tampa, FL) and Ardagh Glass, Inc. (Chicago IL).

• The scope of this investigation is listed in Appendix 1.

• In 2018, imports of certain glass containers from China were valued at an estimated $370.8 million.

• The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. Please refer to case number A-570-114.

NEXT STEPS

• Commerce is scheduled to announce its final determination by September 12, 2020.

• If Commerce makes an affirmative final determination, and the U.S. International Trade Commission (ITC) makes an affirmative final determination that imports of certain glass containers from China materially injure, or threaten material injury to, the domestic industry, Commerce will issue an AD order. If either Commerce or the ITC issues a negative final determination, no AD order will be issued. The U.S. Department of Commerce | International Trade Administration | Enforcement and Compliance ITC is scheduled to make its final injury determination approximately 45 days after Commerce issues its final determination, if affirmative. Read More →

https://enforcement.trade.gov/download/factssheets/factsheet-prc-certain-glass-containers-ad-prelim-042320.pdf

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING COMMON ALLOY ALUMINUM SHEET FROM BAHRAIN, BRAZIL, CROATIA, EGYPT, GERMANY, GREECE, INDIA, INDONESIA, ITALY, KOREA, OMAN, ROMANIA,...

…SERBIA, SLOVENIA, SOUTH AFRICA, SPAIN, TAIWAN, AND TURKEY

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of common alloy aluminum sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the governments of Bahrain, Brazil, India, and Turkey.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey, with its preliminary countervailing duty determinations due on or about June 3, 2020, and its antidumping duty determinations due on or about August 17, 2020.

The Commission’s public report Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey (Inv. Nos. 701-TA-639-642 and 731-TA-1475-1492 (Preliminary), USITC Publication 5049, April 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after May 21, 2020; 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/2020/er0422ll1508.htm

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING SMALL VERTICAL SHAFT ENGINES 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 small vertical shaft engines from China that are allegedly subsidized and sold in the United States at less than fair value. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from China, with its preliminary countervailing duty determination due on or about June 11, 2020, and its antidumping duty determination due on or about August 25, 2020.

The Commission’s public report Small Vertical Shaft Engines from China (Inv. Nos. 701-TA-643 and 731-TA-1493 (Preliminary), USITC Publication 5054, May 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after June 1, 2020; 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/2020/er0501ll1539.htm

Determination on the Exclusion of Bifacial Solar Panels From the Safeguard Measure on Solar Products

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice.

SUMMARY:

On January 23, 2018, the President imposed a safeguard measure on imports of certain solar products pursuant to a Section 201 investigation. On February 14, 2018, the U.S. Trade Representative established procedures for interested persons to request product-specific exclusions from application of the safeguard measure and to comment on the submitted requests. Based on the requests and comments received, the U.S. Trade Representative granted certain requests on June 13, 2019, including a request to exclude from the safeguard measure bifacial solar panels that consist only of bifacial solar cells. On January 27, 2020, the U.S. Trade Representative established procedures to consider whether to maintain, withdraw, or take some other action with respect to the exclusion of bifacial solar panels from the safeguard measure. Based on an evaluation of the comments received, and responses to those comments, and in consultation with the Secretaries of Commerce and Energy, the U.S. Trade Representative has determined that the bifacial solar panel exclusion is undermining the objectives of the safeguard measure. Accordingly, the U.S. Trade Representative will request that the U.S. Court of International Trade lift the order preliminarily enjoining the withdrawal from entering into effect.

DATES:

Withdrawal of the exclusion for bifacial solar panels from application of the safeguard measure will apply to imported panels if the Court lifts the preliminary injunction but in no case earlier than May 18, 2020.

FOR FURTHER INFORMATION CONTACT:

Victor Mroczka, Office of WTO and Multilateral Affairs, at vmroczka@ustr.eop.gov or (202) 395-9450, or Dax Terrill, Office of General Counsel, at Dax.Terrill@ustr.eop.gov or (202) 395-4739.

SUPPLEMENTARY INFORMATION:

A. Background

On January 23, 2018, the President issued Proclamation 9693 (83 FR 3541) to impose a safeguard measure under section 201 of the Trade Act of 1974 (19 U.S.C. 2251) with respect to certain crystalline silicon photovoltaic cells and other products containing these cells. The Proclamation directed the U.S. Trade Representative to establish procedures for interested persons to request product-specific exclusions from the safeguard measure. It also authorized the U.S. Trade Representative, after consultation with the Secretaries of Commerce and Energy, to exclude products upon publication of a notice in the Federal Register modifying the Harmonized Tariff Schedule of the United States (HTSUS).

On February 14, 2018, the U.S. Trade Representative established procedures to request a product exclusion and opened a public docket. See 83 FR 6670 (February 2018 notice). Under the February 2018 notice, requests for exclusion were to identify the particular product in terms of its physical characteristics (such as dimensions, wattage, material composition, or other distinguishing characteristics) that differentiate it from other products subject to the safeguard measure. The February 2018 notice provided that the U.S. Trade Representative would not consider requests identifying the product at issue in terms of the identity of the producer, importer, or ultimate consumer; the country of origin; or trademarks or tradenames. The notice also confirmed that the U.S. Trade Representative only would grant exclusions that did not undermine the objectives of the safeguard measure. The Office of the U.S. Trade Representative (USTR) received 48 product exclusion requests and 213 comments responding to the various requests. The exclusion requests generally fell into seven categories, one of which concerned bifacial solar panels.

On September 19, 2018, and June 13, 2019, the U.S. Trade Representative granted certain product exclusion requests and modified the HTSUS accordingly. See 83 FR 47393 and 84 FR 27684. The notice published on June 13, 2019 (June 2019 notice) excluded from application of the safeguard measure “bifacial solar panels that absorb light and generate electricity on each side of the panel and that consist of only bifacial solar cells that absorb light and generate electricity on each side of the cells.”

On October 9, 2019, the U.S. Trade Representative concluded, based on an evaluation of newly available information and after consultation with the Secretaries of Commerce and Energy, that maintaining the exclusion would undermine the objectives of the safeguard measure. Accordingly, the U.S. Trade Representative published a notice withdrawing the exclusion of bifacial solar panels, effective as of October 28, 2019. See 84 FR 54244.

On October 21, 2019, Invenergy Renewables LLC (Invenergy) filed a complaint with the U.S. Court of International Trade alleging that USTR failed to provide notice and comment required under the Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., before withdrawing the exclusion of bifacial solar panels. Invenergy filed a motion for a preliminary injunction to prevent the withdrawal from entering into effect. The Court issued a preliminary injunction on December 5, 2019, enjoining the U.S. Trade Representative from withdrawing the exclusion on bifacial solar panels from the safeguard measure.

https://www.federalregister.gov/documents/2020/04/17/2020-08189/determination-on-the-exclusion-of-bifacial-solar-panels-from-the-safeguard-measure-on-solar-products

Procedures for the Submission of Petitions by North American Producers of Passenger Vehicles or Light Trucks To Use the Alternative Staging Regime for the USMCA Rules of Origin for Automotive Goods

AGENCY:

Office of the United States Trade Representative.

ACTION:

Request for petitions.

SUMMARY:

For a limited period, a North American producer of passenger vehicles and light trucks (vehicle producer) may request an alternative to the standard staging regime for the rules of origin for automotive goods under the United States-Mexico-Canada Agreement (USMCA or the Agreement) using the procedures and guidance for submitting petitions in this notice.

DATES:

To be assured of consideration, a vehicle producer must submit a petition with a draft alternative staging plan no later than July 1, 2020. A vehicle producer must submit a petition with its final alternative staging plan no later than August 31, 2020.

ADDRESSES:

Submit petitions by email to USMCAAutosCommittee@ustr.eop.gov. For alternatives to email submissions, please contact Kent Shigetomi, Director for Multilateral Non-Tariff Barriers at (202) 395-9459 in advance of the deadline and before submission.

FOR FURTHER INFORMATION CONTACT:

Kent Shigetomi, Director for Multilateral Non-Tariff Barriers at (202) 395-9459.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Background

On June 12, 2017 (82 FR 23699), the President announced his intention to commence negotiations with Canada and Mexico to modernize the North American Free Trade Agreement (NAFTA). On November 30, 2018, the Governments of the United States, Mexico, and Canada (the Parties) signed the protocol replacing NAFTA with the USMCA. On December 10, 2019, the Parties signed the protocol of amendment to the USMCA.

The USMCA includes new rules of origin to claim preferential treatment for Start Printed Page 22239automotive goods, including higher Regional Value Content (RVC) thresholds, mandatory requirements to produce core parts in the region, mandatory steel and aluminum purchasing requirements, and a Labor Value Content (LVC) requirement. The Agreement allows vehicle producers to request an alternative staging regime for these requirements that would permit a longer period of transition to help ensure that future production is able to meet the new rules. The standard staging regime is specified under the Automotive Appendix to Chapter 4 of the USMCA (Automotive Appendix), with the exception of Article 8, which specifies provisions relating to the alternative staging regime. You can find information about the estimated impact of the USMCA rules of origin on investment, production, and employment in the U.S. automotive sector on the Office of the United States Trade Representative (USTR) website: https://ustr.gov/​trade-agreements/​free-trade-agreements/​united-states-mexico-canada-agreement/​us-automotive-sector.

B. Overview of the Alternative Staging Regime

The alternative staging regime differs from the standard staging regime by providing additional time and a different phase-in of the new requirements. It provides an alternative to certain rules of origin requirements for passenger vehicles and light trucks, but does not replace any other rules of origin or any provisions of general applicability for these goods to claim preferential treatment under the USMCA.

For instance, under an alternative staging regime, importers of certain passenger vehicles and light trucks will have an additional two years—five years instead of three—to meet the requirements, and the vehicles will have different RVC and LVC thresholds.

To qualify for an alternative staging regime, a vehicle producer must submit a petition with the information described in Section III, including a detailed and credible plan if the quantity of vehicles for which the producer requests an alternative staging regime exceeds a ten percent threshold. A plan could include commitments to make additional investments in the United States and North America, or additional purchases of U.S. and North American parts. You can find more information on the criteria for acceptance of a plan in Section IV. Because of the integrated nature of the North American auto industry and market, USTR will coordinate with the governments of Canada and Mexico throughout the alternative staging process. Read More →

https://www.federalregister.gov/documents/2020/04/21/2020-08405/procedures-for-the-submission-of-petitions-by-north-american-producers-of-passenger-vehicles-or

CSMS #42429822 - US-Mexico-Canada Agreement (USMCA) Interim Implementation Instructions

This message is to inform the trade community of the release of the USMCA Interim Implementing Instructions.

These Interim Implementing Instructions are informational and provide early guidance on the new requirements under the USMCA, including information on claiming USMCA preferential treatment for goods.

The Final Implementing Instructions will be released prior to the date the USMCA enters into force and will provide the Trade and Field with additional details on the USMCA entry, compliance, and other requirements.

To support the USMCA implementation, Title 19, Code of Federal Regulations 182 (19 CFR 182) is being developed to include the USMCA Uniform Regulations, USMCA Domestic Regulations, and Appendix. Further, the Harmonized Tariff Schedule of the United States is to be amended to include General Note 11 with information on the USMCA rules of origin. As such, these Interim Implementing Instructions are subject to change pending the issuance of GN11 and 19 CFR 182 regulations.

Until the USMCA enters into force, the North American Free Trade Agreement (NAFTA) requirements remains in effect.

These instructions are for advance informational and advisory purposes only.  They are not final and are subject to further revision.  They are not intended to have legal or binding effect. Any decisions a reader makes based on this draft document are made with the understanding that the information in these instructions is advisory only and may change. The reader is responsible for monitoring the CBP website to ensure awareness of the status of any revisions to this document.

Questions regarding this guidance can be directed to Maya Kamar, Director, Textiles and Trade Agreements Division at (202) 945-7228 or email FTA@CBP.DHS.GOV.

The USMCA Interim Implementing Instructions

(https://www.cbp.gov/trade/priority-issues/trade-agreements/free-trade-agreements/USMCA)

 The USMCA Implementation Act (Public Law No: 116-113)

(https://www.congress.gov/bill/116th-congress/house-bill/5430/text)

The USMCA Agreement, Final Text

(https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/agreement-between)

USTR Federal Register Notice on Alternative Staging Regimes for Automotive Imports

FRN 2020-08405, to be published April 21, 2020

###

https://content.govdelivery.com/bulletins/gd/USDHSCBP-2876d7e?wgt_ref=USDHSCBP_WIDGET_2

APHIS Authorizes Importation of Fresh Citrus Fruit from China

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is authorizing the importation of five types of commercially produced fresh citrus fruit from China into the continental United States. After thorough analysis, APHIS scientists determined that pummelo, Nanfeng honey mandarin, ponkan, sweet orange, and Satsuma mandarin fruit from China can be safely imported into the United States under a systems approach to protect against the introduction of plant pests. 

A systems approach is a series of measures taken by growers, packers, and shippers that, in combination, minimize pest risks prior to importation into the United States. In this case, the systems approach includes importation in commercial consignments only, registration of places of production and packinghouses, certification that the fruit is free of quarantine pests, trapping program for fruit flies, periodic inspections of places of production, grove sanitation, and postharvest disinfection and treatment. This completes agreements on another Chinese commodity listed in Annex 11: Plant Health of the Economic and Trade Agreement between the United States of America and The People’s Republic of China, Phase One.

This notice of authorization will go into effect on the date of publication in the Federal Register, April15, 2020. The docket with information about this decision is available here upon publication on April 15, 2020: http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0005

###

https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2020/sa-04/china-citrus

LAWMAKERS ASK USITC TO IDENTIFY IMPORTED PRODUCTS NEEDED FOR COVID-19 RESPONSE AND RELATED TARIFF AND TRADE INFORMATION

The U.S. International Trade Commission (USITC) today instituted an investigation that will identify imported products that may be needed to respond to the COVID-19 pandemic and provide trade-related information for them, including their source countries, tariff classifications, and applicable rates of duty.

The investigation, COVID-19 Related Goods: U.S. Imports and Tariffs, was requested by the U.S. House of Representatives’ Committee on Ways and Means and the U.S. Senate Committee on Finance in a letter received on April 7, 2020.

In their request letter, the Committees noted: “On March 20, 2020, the Office of the U.S. Trade Representative (USTR) established a process to receive and consider comments for provisional modifications to tariffs imposed on goods that may assist in the public health and clinical response to the COVID-19 pandemic. In view of the Commission’s knowledge in trade and tariff matters, we ask that the Commission provide a report to the Committees and the USTR that identifies imported goods related to the response to COVID-19, their source countries, tariff classifications, and applicable rates of duty so as to assist the Committees and USTR in proposing or taking appropriate and responsive actions.”

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide the following information for each product it identifies:

• the 10-digit HTS code for the article;

• its legal description;

• general duty rate;

• any special or additional rates of duty imposed on the article, and the dates on which the rates were imposed, and the authorities under which they were imposed;

• whether any such duties have been suspended and, if so, the date of suspension as well how the long suspension is scheduled to last;

• the total rate of duty imposed on such article, including any special or additional rate of duty; and

• the major countries of origin for each such article, and the import value of each such article from each country for the years 2017-2019.

As requested, to the extent practical, the USITC will provide the electronic version of the report in a format that allows the information to be sorted by the fields listed above.  It will also include a “plain English” description or examples of products that fall within the identified HTS codes and citations to sources consulted in identifying the products.

The USITC expects to deliver its report to the Committees and the U.S. Trade Representative by April 30, 2020.  The USITC will provide updated data runs on its website through June 30, 2020, as requested.

Further information about the investigation can be found in the notice of investigation, dated April 13, 2020, which can be obtained from the USITC Internet site (www.usitc.gov).

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

# # #

https://www.usitc.gov/press_room/news_release/2020/er0413ll1492.htm

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

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusion extensions.

SUMMARY:

Effective July 6, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $34 billion 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 U.S. Trade Representative initiated the exclusion process in July 2018 and, to date, has granted ten sets of exclusions under the $34 billion action. The third set of exclusions was published in April 2019 and will expire in April 2020. On February 5, 2020, the U.S. Trade Representative established a process for the public to comment on whether to extend particular exclusions granted in April 2019 for up to 12 months. This notice announces the U.S. Trade Representative's determination to extend certain exclusions for 12 months.

DATES:

The product exclusion extensions announced in this notice will apply as of April 18, 2020, and extend for one year. 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 Benjamin Allen, 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/2020/04/10/2020-07564/notice-of-product-exclusion-extensions-chinas-acts-policies-and-practices-related-to-technology

Commerce Finds Dumping and Countervailable Subsidization of Imports of Ceramic Tile from China

FACT SHEET

• On March 31, 2020, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of ceramic tile from China.

• 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 of injurious dumping and subsidization of imports into the United States, establishing an opportunity to compete on a level playing field.

• For the purpose of an AD investigation, dumping occurs when a foreign company sells a product in the United States at less than its fair value. For the purpose of a CVD investigation, a countervailable subsidy is financial assistance from a foreign government that benefits the production of goods from 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 AD investigation, Commerce assigned a final dumping rate of 356.02 percent for mandatory respondents Belite Ceramics (Anyang) Co., Ltd. and Foshan Sanfi Import & Export Co., Ltd., and found that these respondents are a part of the China-wide entity. Commerce calculated a final dumping margin of 229.04 percent for the non-selected respondents eligible for a separate rate, and assigned a final dumping margin of 356.02 percent for the China-wide entity.

• In the China CVD investigation, Commerce assigned a final subsidy rate of 358.81 percent, based entirely on adverse facts available, to mandatory respondents Temgoo International Trading Limited and Foshan Sanfi Imp & Exp Co., Ltd. The final subsidy rate for all other Chinese producers and exporters is also 358.81 percent.

• Upon publication of the final affirmative AD determinations, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect AD cash deposits equal to the applicable final weighted-average dumping rates. Further, as a result of the affirmative final CVD determinations, if the U.S. International Trade Commission (ITC) makes affirmative injury determinations, Commerce will instruct CBP to resume collection of CVD cash deposits equal to the applicable subsidy rates.

• The petitioner is the Coalition for Fair Trade in Ceramic Tile, whose members are American Wonder Porcelain (Lebanon, TN), Crossville, Inc. (Crossville, TN), Dal-Tile Corporation (Dallas, TX), Del Conca USA, Inc. (Loudon, TN), Florida Tile, Inc. (Lexington, KY), Florim USA (Clarksville, TN), Landmark Ceramics (Mount Pleasant, TN), and StonePeak Ceramics (Chicago, IL).

• The scope of these investigations is listed in Appendix I.

• In 2018, imports of ceramic tile from China were valued at an estimated $481.3 million.

• The Final Decision Memoranda are on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. Please refer to case numbers A-570-108 and C-570-109 for the China AD and CVD investigations, respectively.

NEXT STEPS

• The ITC is scheduled to make its final determinations on or about May 14, 2020.

• If the ITC makes affirmative final determinations that imports of ceramic tile from China materially injure, or threaten material injury to, the domestic industry, Commerce will issue AD and CVD orders. If the ITC makes negative determinations of injury, the investigations will be terminated.

FDA To Temporarily Conduct Remote Importer Inspections Under FSVP Due to COVID-19

Constituent Update

April 3, 2020

The U.S. Food and Drug Administration announced today that it will begin requesting that importers send records required under the Foreign Supplier Verification Programs for Importers of Food for Humans and Animals (FSVP) rule electronically (or through other prompt means) to the Agency as it shifts to conducting these inspections remotely during the COVID-19 public health emergency.

The FSVP rule requires importers to perform certain risk-based activities to verify that their foreign supplier is producing the food in accordance with U.S. food safety standards. Until now, FSVP inspections to review FSVP records typically have been conducted at an importer’s place of business. However, under the FSVP regulation FDA has the authority to make written requests for importers to provide records to the agency electronically or by other prompt means. Because of the travel restrictions, social distancing, and other advisories associated with the COVID-19 outbreak, the FDA has determined that most routine onsite inspections are temporarily impractical to conduct at this time. Therefore, the Agency will shift to temporarily conducting FSVP inspections remotely as practical until further notice.

The FDA will immediately begin conducting a limited number of remote inspections, prioritizing the inspections of FSVP importers of food from foreign suppliers whose onsite food facility or farm inspections have been postponed due to COVID-19. The Agency is also planning to continue to conduct previously assigned routine and follow-up inspections remotely during this time. Importers subject to the remote inspections will be contacted by an FDA investigator who will explain the process for the remote inspection and make written requests for records.

In rare situations, such as in response to an outbreak of foodborne illness, FDA may still choose to conduct an onsite FSVP inspection. In these instances, an FDA investigator will make arrangements to conduct the inspection while practicing the social distancing recommendations provided by the Centers for Disease Control and Prevention.

We encourage those that have questions about this temporary change in our inspection protocol to submit their questions online to FDAImportsInquiry@fda.hhs.gov. Read More →

https://www.fda.gov/food/cfsan-constituent-updates/fda-temporarily-conduct-remote-importer-inspections-under-fsvp-due-covid-19

Report Highlights Accomplishments in Reducing Foreign Trade Barriers to American Exports

Washington, DC – The Office of the United States Trade Representative (USTR) today issued the 2020 National Trade Estimate (NTE), an annual report detailing foreign trade barriers faced by U.S. exporters of goods and services and USTR’s efforts to reduce those barriers.

“Under President Trump’s leadership, the Administration is working constantly to help strengthen our economy by reducing and eliminating foreign barriers to American exports,” said Ambassador Robert Lighthizer.  “As this report shows, we continue to win significant trade victories for our workers, farmers, ranchers and businesses, both large and small.”

To read the 2020 National Trade Estimate, click here.

Background:

The NTE is the U.S. government’s major annual report on the barriers to trade and investment that American exporters and their workers encounter around the world.  USTR submits the report to the President and Congress by March 31 of each year.  In preparing the NTE, USTR works closely with other U.S. government agencies and embassies.

Fact Sheets:

For a fact sheet on the major developments in the 2020 NTE, click here.

For a fact sheet on agricultural measures highlighted in the 2020 NTE, click here.

For a fact sheet on digital trade issues highlighted in the 2020 NTE, click here.

###

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/march/report-highlights-accomplishments-reducing-foreign-trade-barriers-american-exports

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

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice of product exclusions.

SUMMARY:

In September of 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 billion 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 U.S. Trade Representative initiated a product exclusion process in June 2019, and interested persons have submitted requests for the exclusion of specific products. This notice announces the U.S. Trade Representative's determination to grant certain exclusion requests, as specified in the Annex to this notice, and corrects technical errors in previously announced exclusions.

DATES:

The product exclusions announced in this notice will apply as of September 24, 2018, the effective date of the $200 billion action, to August 7, 2020. The amendments announced in this notice are retroactive to the date the original exclusions were published.

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/2020/03/26/2020-06276/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

Modification of Regulations Regarding the Steel Import Monitoring and Analysis System

AGENCY:

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

ACTION:

Proposed rule; request for comments.

SUMMARY:

On May 17, 2019, the United States announced joint understandings with Canada and Mexico, respectively, to eliminate tariffs imposed under Section 232 of the Trade Expansion Act of 1962, as amended, on imports of steel and aluminum products from Canada and Mexico and to establish a process for monitoring such imports. Consistent with the joint understandings, and to enhance U.S. Government monitoring and analysis of steel imports more generally, the U.S. Department of Commerce (Commerce) publishes this proposed rule to enhance its existing Steel Import Monitoring and Analysis (SIMA) system to allow for the effective and timely monitoring of import surges of specific steel products which will aid in the prevention of transshipment of steel products. Specifically, Commerce proposes to modify its regulations to require import license applicants to identify the country where the steel used in the manufacture of the imported steel product was melted and poured, and to release this data on an aggregate basis, as appropriate; to harmonize the scope of SIMA's licensing requirement with the scope of steel products subject to Section 232 tariffs; to extend the SIMA system indefinitely by eliminating the regulatory provision concerning the duration of the SIMA system; and to expand eligibility for use of the low-value license for certain steel entries. Commerce will address the monitoring of aluminum imports in a separate rulemaking.

DATES:

To be assured of consideration, written comments must be received no later than April 29, 2020.

ADDRESSES:

Submit comments through the Federal eRulemaking Portal at http://www.Regulations.gov, Docket No. ITA-2019-0008. Comments may also be submitted by mail or hand delivery/courier, addressed to Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance, Room 1870, Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230.

Commerce will consider all comments received before the close of the comment period. All comments responding to this document will be a matter of public record and will generally be available on the Federal eRulemaking Portal at http://www.Regulations.gov. Commerce will not accept comments accompanied by a request that part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. Therefore, do not submit confidential business information or otherwise sensitive or protected information. Read More →

https://www.federalregister.gov/documents/2020/03/30/2020-06213/modification-of-regulations-regarding-the-steel-import-monitoring-and-analysis-system