USTR Initiates Section 301 Investigations of Digital Services Taxes

06/02/2020

Washington, DC - The United States Trade Representative announced today that his office is beginning investigations into digital services taxes that have been adopted or are being considered by a number of our trading partners. The investigations will be conducted under Section 301 of the 1974 Trade Act. This provision gives the USTR broad authority to investigate and respond to a foreign country's action which may be unfair or discriminatory and negatively affect U.S. Commerce. A Federal Register notice is being issued today providing details of the investigations as well as information on how members of the public can provide their views through written submissions.

"President Trump is concerned that many of our trading partners are adopting tax schemes designed to unfairly target our companies," said USTR Robert Lighthizer. "We are prepared to take all appropriate action to defend our businesses and workers against any such discrimination."

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USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CALCIUM HYPOCHLORITE FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of calcium hypochlorite from China 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 and countervailing duty orders on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.  Commissioner Jason E. Kearns did not participate in these reviews.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Calcium Hypochlorite from China (Inv. Nos. 701-TA-510 and 731-TA-1245 (Review), USITC Publication 5065, June 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 8, 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/er0605ll1567.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING LIGHTWEIGHT THERMAL PAPER FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of lightweight thermal paper from China 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 and countervailing duty orders on imports of this product from China will remain in place. 

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

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Lightweight Thermal Paper from China (Inv. Nos. 701-TA-451 and 731-TA-1126 (Second Review), USITC Publication 5070, June 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 14, 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/er0611ll1574.htm

USMCA IS IMMINENT

The United States–Mexico–Canada Agreement (USMCA) officially replaces the North American Free Trade Agreement (NAFTA) on July 1, 2020. This is almost two years after the tri-national negotiations wrapped up on September 30, 2018. In outlining USMCA’s “entry into force,” the United States Trade Representative (USTR) looked forward to a “more balanced, reciprocal trade, leading to freer markets, fairer trade, and robust economic growth in North America.” Statements like these certainly show that trade blocs are much more about politics than economics. The tell-tale is to look for the contradictions. For example, freer markets and fairer trade is a very tough balance to strike. Why? The former simply requires removing trade barriers while the latter is in the eye of the beholder. One is objective and the other is subjective. Read More →

https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-04711.pdf

Modernization of the Customs Brokers Regulations

U.S. Customs and Border Protection

19 CFR Parts 24 and 111 [Docket No. USCBP-2020-0009]

RIN 1651-AB16

Modernization of the Customs Brokers Regulations

AGENCIES: U.S. Customs and Border Protection, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations by modernizing the customs brokers regulations to coincide with the development of CBP trade initiatives including, the Automated Commercial Environment (ACE) and the Centers of Excellence and Expertise (Centers). Specifically, CBP proposes to transition all brokers to national permits and to eliminate broker districts and district permits. CBP is also proposing, among other changes, to update the responsible supervision and control oversight framework, ensure that customs business is conducted within the United States, and require that the customs broker have direct communication with the importer. Additionally, CBP proposes to raise the broker license application fees to recover some of the costs associated with reviewing the customs broker license application and conducting the necessary vetting for individuals and business entities (i.e., corporations, partnerships, and associations). The Department of the Treasury retains authority over CBP regulations relating to customs revenue in accordance with the Homeland Security Act of 2002. Accordingly, CBP is publishing a concurrent notice of proposed rulemaking to eliminate all references to customs broker district permit fees (See “Removal of References to Customs Broker District Permit Fee” RIN 1515-AE43). Read More →

https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-04711.pdf

USTR Statement in Response to Decision Disallowing Action to Protect Domestic Solar Industry

05/27/2020

Washington, DC - Two years ago, President Trump took action to protect our solar industry by placing “safeguard” restrictions on imports of solar panels from China and other foreign producers that had been found by the International Trade Commission to harm domestic producers.  Although USTR initially allowed an exception for bifacial solar panels, USTR took action to eliminate the bifacial exception after finding that it had caused a significant increase in imported panels.  The ITC issued a report that also found that the exclusion had caused a spike in imports, thereby undermining the objective of the action, and potentially costing the United States many jobs.  Today, Judge Katzmann of the Court of International Trade blocked USTR from closing the bifacial panel exception.  USTR strongly disagrees with Judge Katzmann’s analysis.  The solar industry and the jobs it represents are important to this country, and USTR will take all necessary and appropriate steps to ensure that its safeguard relief is effective.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/may/ustr-statement-response-decision-disallowing-action-protect-domestic-solar-industry

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 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, and extend to August 7, 2020. The amendments announced in this notice are retroactive to the date that 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/2020/05/28/2020-11426/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CALCIUM HYPOCHLORITE FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of calcium hypochlorite from China 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 and countervailing duty orders on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.  Commissioner Jason E. Kearns did not participate in these reviews.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Calcium Hypochlorite from China (Inv. Nos. 701-TA-510 and 731-TA-1245 (Review), USITC Publication 5065, June 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 8, 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/er0605ll1567.htm

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY ANTIDUMPING DUTY DETERMINATIONS ON FORGED STEEL FITTINGS FROM INDIA AND KOREA

WASHINGTON – Today, the U.S. Department of Commerce announced affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of forged steel fittings from India and Korea.

Commerce preliminarily determined that exporters from India and Korea have dumped forged steel fittings in the United States at margins ranging from zero percent to 293.40 percent, and 27.19 percent to 198.38 percent, respectively. 

As a result of today’s decisions, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of forged steel fittings from India and Korea based on the preliminary rates noted above. 

The petitioners are Bonney Forge Corporation (Mount Union, Pa.) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.

Commerce is scheduled to announce its final determinations in these cases on or about October 12. 

If Commerce’s final determinations are affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about November 23. If Commerce makes affirmative final determinations of dumping and the ITC makes an affirmative final injury determination, Commerce will issue AD orders. If Commerce makes a negative final determination of dumping or the ITC makes a negative final determination of injury, the investigation will be terminated and no orders will be issued. 

In 2018, imports of forged steel fittings from India and Korea were valued at an estimated $92.6 million and $67.6 million, respectively. 

Read the fact sheet for today’s decisions.

The strict enforcement of U.S. trade law is a primary focus of the Trump administration. Since the beginning of the current administration, Commerce has initiated 254 new AD and countervailing duty (CVD) investigations – a 234 percent increase from the comparable period in the previous administration.

The antidumping duty law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. Commerce currently maintains 525 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties. 

Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that abides by international rules and is based solely on facts submitted to the public record. 

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https://www.trade.gov/press-release/us-department-commerce-issues-affirmative-preliminary-antidumping-duty-1

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING PRESTRESSED CONCRETE STEEL WIRE STRAND FROM ARGENTINA, COLOMBIA, EGYPT, INDONESIA, ITALY, MALAYSIA, NETHERLANDS, SAUDI ARABIA, SPAIN,

TAIWAN, TUNISIA, TURKEY, UKRAINE, AND UNITED ARAB EMIRATES

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 prestressed concrete steel wire strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates that are allegedly sold in the United States at less than fair value and subsidized by the government of 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 Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates, with its preliminary countervailing duty determination due on or about July 10, 2020, and its antidumping duty determinations due on or about September 23, 2020. 

The Commission’s public report Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates (Inv. Nos. 701-TA-646 and 731-TA-1502-1516 (Preliminary), USITC Publication 5062, June 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after June 29, 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/er0529ll1565.htm

PROBABLE ECONOMIC EFFECT OF PROVIDING DUTY-FREE TREATMENT FOR CURRENTLY DUTIABLE IMPORTS FROM KENYA WILL BE FOCUS OF NEW USITC INVESTIGATION

The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation into the probable economic effect of providing duty-free treatment for currently dutiable imports from Kenya.

The investigation, U.S.-Kenya Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-free Treatment for Currently Dutiable Imports, was requested by the U.S. Trade Representative (USTR) in a letter received on March 17, 2020.

As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of currently dutiable products from Kenya on industries in the United States producing like or directly competitive products and on consumers.  In preparing its advice, the USITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States (HTSUS) for which U.S. tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization. The advice will be based on the HTSUS in effect during 2020 and trade data for the year 2019.

In addition, as requested, the USITC will prepare an assessment of the probable economic effects of eliminating tariffs on imports from Kenya of certain agricultural products on U.S. industries producing the products concerned and on the U.S. economy as a whole.  A list of the agriculture products is attached to the USTR’s request letter.

The USITC expects to submit its report, which will be confidential, to the USTR by September 16, 2020.

The USITC is seeking input for the investigation from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice.  The USITC will hold a public hearing in connection with the investigation on July 7, 2020.  Because COVID-19 mitigation measures are in effect, the public hearing will be held via Go to Meeting. 

Information about how to participate in the hearing will be posted on the Commission’s website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm).  Requests to appear at the hearing should be filed no later than 5:15 p.m. on June 10, 2020, with the Secretary,

U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on July 14, 2020. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings, including requests to appear at the hearing and written submissions, must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notice of investigation, dated May 26, 2020, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or commissionhearings@usitc.gov.

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https://www.usitc.gov/press_room/news_release/2020/er0526ll1562.htm

USDA and USTR Announce Continued Progress on Implementation of U.S.-China Phase One Agreement

WASHINGTON, DC – The U.S. Department of Agriculture (USDA) and the Office of the U.S. Trade Representative (USTR) today announced additional progress in the implementation of the agriculture-related provisions of the U.S.-China Phase One Economic and Trade Agreement (The Agreement), which entered into force on February 14, 2020. Recent actions described below build upon the actions announced by USDA and USTR on February 25, March 10, and March 24.  These are difficult times for both our countries.  It is important that we each continue to work to make our agreement a success.  Because of this continued progress due to the Agreement:

  • U.S. blueberries and California Hass avocados can now be exported to China.  This new market access will provide California avocado growers and blueberry growers from around the United States with new opportunities to market their products to Chinese consumers in the coming years.  In 2019, China imported a record volume of fresh fruits and vegetables exceeding $8.6 billion.   
     

  • U.S. barley for processing, along with the forage products Timothy hay, alfalfa hay pellets and cubes, and almond meal pellets and cubes can now be exported to China.  In 2019, China imported $1.5 billion of barley used as feed and for malt beverage production, and a record $500 million of forage products.  
     

  • In recent weeks, China updated its lists of U.S. facilities eligible to export beef, pork, poultry, seafood, dairy, and infant formula products to China. China’s lists now include 499 beef, 457 pork, 470 poultry, 397 seafood, and 253 dairy and 9 infant formula facilities. As a result of these actions, more U.S. facilities are eligible to export U.S. food and agricultural products to China than ever before.  USDA’s Food Safety and Inspection Service continues to update its export library, which provides additional guidance for U.S. meat and poultry meat exporters, including information related to the scope of products that may be exported to China, China’s labeling requirements, and other guidance.
     

  • China published on May 15 a new domestic standard for dairy permeate powder for human consumption that will allow imports of this product from the United States in the future.  In 2019, China imported nearly $12 billion of dairy products from around the world. 
     

China continues to implement its tariff exclusion process in an attempt to facilitate imports of U.S. commodities.  USDA continues to publish guidance for U.S. exporters seeking to participate in this process (USDA Global Agricultural Information Network).  USTR is continuing to process and where appropriate grant exclusions of products from China. USDA also is implementing its obligations under the agreement.

Secretary of Agriculture Sonny Perdue said, “China is a market of tremendous potential for U.S. agriculture and these actions will help U.S. exporters expand their sales there.  We look forward to continued cooperative work with China on implementation of Phase One commitments, and immediate increases in U.S. exports of all manner of agricultural products.”

United States Trade Representative Robert Lighthizer said, “China has worked with the United States to implement measures that will provide greater access for U.S. producers and exporters to China’s growing food and agricultural markets. Under President Trump’s leadership, we fully expect this agreement to be a success.”

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/may/usda-and-ustr-announce-continued-progress-implementation-us-china-phase-one-agreement

USITC BEGINS INVESTIGATION CONCERNING POSSIBLE MODIFICATIONS TO THE U.S. GENERALIZED SYSTEM OF PREFERENCES FOR ADDITIONS AND REMOVALS

The U.S. International Trade Commission (USITC) is seeking input for an investigation concerning possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2020 Review (Investigation No. 332-578), was requested by the U.S. Trade Representative (USTR) in a letter received on May 4, 2020.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice as to the probable economic effect on U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the addition of the following Harmonized Tariff Schedule (HTS) provisions to the list of GSP-eligible products:

For all GSP beneficiary developing countries: 

  • 0603.11.00 (sweetheart, spray and other roses, fresh cut),

  • 0603.11.0010 (sweetheart roses, fresh, suitable for bouquets or for ornamental purposes),

  • 0603.11.0030 (spray roses, fresh, suitable for bouquets or for ornamental purposes),

  • 0603.11.0060 (roses, fresh, suitable for bouquets or for ornamental purposes, nesoi).

Also as requested, the USITC will provide advice as to the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the removal from eligibility of six HTS provisions for all beneficiary developing countries.

The removals under consideration are: 

  • 1006.10.00 (rice in the husk, (paddy or rough)),

  • 1006.20.20 (basmati rice, husked),

  • 1006.20.40 (husked (brown) rice, other than basmati),

  • 1006.30.10 (rice semi-milled or wholly milled, whether or not polished or glazed, parboiled),

  • 1006.30.90 (rice semi-milled or wholly milled, whether or not polished or glazed, other than parboiled),

  • 1006.40.00 (broken rice).

The USITC will submit its confidential report to USTR by August 31, 2020. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.

The USITC is seeking input for this investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on June 19, 2020. Because COVID-19 mitigation measures are in effect, the public hearing will be held using Go To Meeting.

Information about how to participate in the hearing will be posted on the Commission’s website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm).  Requests to appear at the public hearing should be filed no later than 5:15 p.m. on June 3, 2020, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on June 29, 2020.  All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings, including requests to appear at the hearing and written submissions, must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (202-205-1802), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of this investigation and appropriate submissions appears in the USITC’s notice of investigation, dated on May 21, 2020. The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

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 reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general fact-finding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

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https://www.usitc.gov/press_room/news_release/2020/er0521ll1561.htm

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 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, and extend to August 7, 2020. The amendments announced in this notice are retroactive to the date that 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.

SUPPLEMENTARY INFORMATION:

A. Background

For background on the proceedings in this investigation, please see prior notices including 82 FR 40213 (August 24, 2017), 83 FR 14906 (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 2018), 83 FR 38760 (August 7, 2018), 83 FR 47974 (September 21, 2018), 83 FR 49153 (September 28, 2018), 83 FR 65198 (December 19, 2018), 84 FR 7966 (March 5, 2019), 84 FR 20459 (May 9, 2019), 84 FR 29576 (June 24, 2019), 84 FRN 38717 (August 7, 2019), 84 FR 46212 (September 3, 2019), 84 FR 49591 (September 20, 2019), 84 FR 57803 (October 28, 2019), 84 FR 61674 (November 13, 2019), 84 FR 65882 (November 29, 2019), 84 FR 69012 (December 17, 2019), 85 FR 549 (January 6, 2020), 85 FR 6674 (February 5, 2020), 85 FR 9921 (February 20, 2020), 85 FR 15015 (March 16, 2020), 85 FR 17158 (March 26, 2020), and 85 FR 23122 (April 24, 2020).

U.S. Department of Commerce to Initiate Section 232 Investigation into Mobile Crane Imports

U.S. Secretary of Commerce Wilbur Ross announced today that the Department will initiate an investigation into whether the quantities or circumstances of mobile crane imports into the United States threaten to impair the national security. This decision follows a petition filed by domestic producer, The Manitowoc Company, Inc. (Manitowoc), on December 19, 2019, requesting that the Department of Commerce launch an investigation into mobile crane imports under Section 232 of the Trade Expansion Act of 1962, as amended.  The investigation, to be conducted by the Department’s Bureau of Industry and Security, will provide the opportunity for public comment once the rule is posted in the Federal Register.

“We will conduct this review thoroughly and expeditiously,” said Secretary Ross. “This investigation will help determine whether mobile cranes are being imported in such quantities or under such circumstances as to threaten to impair U.S. national security.”

Manitowoc alleges that increased imports of low-priced mobile cranes, particularly from Germany, Austria, and Japan, and intellectual property (IP) infringement by foreign competition,have harmed the domestic mobile crane manufacturing industry.The Department of Homeland Security has identified mobile cranes as a critical industry because of their extensive use in national defense applications, as well as in critical infrastructure sectors.

The petitioner claims the low-priced imports and IP infringement resulted in the closure of one of its two production facilities in the United States and eliminated hundreds of skilled manufacturing jobs in Wisconsin.  Manitowoc cites the U.S. International Trade Commission’s (USITC) Dataweb to note that imports of mobile cranes increased 152% between 2014 and 2019, and a 2015 finding that a Chinese manufacturer misappropriated six trade secrets and infringed on a patent, resulting in the USITC banning the sale of a Chinese crane in the United States.

https://www.commerce.gov/news/press-releases/2020/05/us-department-commerce-initiate-section-232-investigation-mobile-crane

Statement of USTR Robert Lighthizer on the Launch of U.S.-UK Trade Negotiations

Washington, DC –   Below is a transcript of United States Trade Representative Robert Lighthizer’s opening remarks at the formal launch of trade negotiations between the United States and the United Kingdom:

I would like to begin by offering the sympathy and solidarity of the United States to all the citizens of the United Kingdom who are suffering from the coronavirus scourge. These are difficult times for both our countries and we are each made stronger by our friendship.

I am happy to formally open negotiations that will hopefully lead to a free trade agreement between the United States and the United Kingdom. I need not dwell on the unique relationship that our two countries have. Ours is among the most important alliances in human history.

A little less than a year ago on June 3, 2019, President Trump was visiting the United Kingdom on the occasion of the 75th Anniversary of D-Day. In his toast at the State dinner, the President paid appropriate homage to the Queen’s great accomplishments and then he addressed the broader relationship by saying: “The bond between our nations was forever sealed in that ‘Great Crusade.’ As we honor our shared victory and heritage, we affirm the common values that will unite us long into the future: freedom, sovereignty, self-determination, the rule of law, and reverence for the rights given to us by Almighty God.”

Indeed, this bond also has long had an economic aspect. We each have large economies.  For many years we have been very closely connected. There is almost $270 billion in two-way trade, we are each other’s largest source of foreign investment and we each employ about a million citizens of the other country. This I would suggest is a strong start.

Our objective in these talks is to grow this economic relationship even closer. Our ambition is to write an agreement that has high standards in the digital and other services sectors, that will eliminate barriers to trade and that will incorporate best practices in all sectors. If we are successful, benefit will flow to workers, farmers, and businessmen on both sides of the Atlantic.

This current COVID-19 health crisis makes these talks even more urgent. While this is at first a health crisis, each of us is also facing an economic crisis perhaps like never before. But we need to prepare now for the day when the health crisis recedes and lay the foundations for stronger, more resilient economies. 

This crisis has demonstrated how important it is to have strong and diverse supply chains with trusted trade partners to support our economies.  It has shown that we need to have a healthy manufacturing base and workers and farmers that are thriving.  It has shown that depending purely on cheap imports for strategic products can make us vulnerable in times of crisis.  Moreover, it has confirmed that we need to think carefully about our trade policies and how we work with our trading partners.

Finally, I would note that President Trump and Prime Minister Johnson have tasked you, Secretary of State Truss, and me to work diligently on these talks. I know we are both committing the necessary resources. Speaking for the American side, we look forward to getting underway, to hard work, and hopefully a successful outcome that makes workers, farmers, and businessmen in both our countries more prosperous and happier.  Now let’s get started.

To watch a video of the opening statements, click here.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/may/statement-ustr-robert-lighthizer-launch-us-uk-trade-negotiations

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING SILICON METAL FROM RUSSIA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of silicon metal from Russia 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 determination, the existing antidumping duty order on imports of this product from Russia will remain in place. 

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

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on this five-year (sunset) review.

The Commission’s public report Silicon Metal from Russia (Inv. No. 731-TA-991 (Third Review), USITC Publication 5058, May 2020) will contain the views of the Commission and information developed during the review.

The report will be available by June 17, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information.  Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review.  If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) review concerning Silicon Metal from Russia was instituted on June 3, 2019.

On September 6, 2019, the Commission voted to conduct a full review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.

A record of the Commission’s vote to conduct a full review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  Requests may be made by telephone by calling 202-205-1802.

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https://www.usitc.gov/press_room/news_release/2020/er0508ll1542.htm

Information: Suspension of $1.3 Billion Worth of Goods for Trade Preference under the Generalized System Of Preferences (GSP) for Thailand as Outlined in Presidential Proclamation 9955...

Dated October 25, 2019

BACKGROUND
On October 25, 2019, the President issued Presidential Proclamation (PP) 9955 modifying trade benefits under the Generalized System of Preferences (GSP) for Ukraine and Thailand, designating the Republic of Mali’s country status under the African Growth Opportunity Act (AGOA), and implementing the name change of “Macedonia” to “North Macedonia.” This proclamation was published in the Federal Register on October 31, 2019 (84 FRN 58567). The specific modification for Thailand is denoted below:

  • THAILAND - The duty-free treatment accorded under GSP to certain products from Thailand are withdrawn because the country is not taking steps to afford its workers internationally recognized worker rights.

INFORMATION

THAILAND
With respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on April 25, 2020, the General Note of the Harmonized Tariff Schedule of the United States (HTS) is modified. The list of products excluded from GSP eligibility for Thailand is found in Annex 2 of PP 9955 (https://www.federalregister.gov/documents/2019/10/31/2019-24008/to-modify-duty-free-treatment-under-the-generalized-system-of-preferences-and-for-other-purposes)

 

For questions, contact the Trade Agreements Branch at FTA@CBP.DHS.gov.

For more information on the GSP program, visit USTR’s website at http://ustr.gov/issue-areas/trade-development/preference-programs/generalized-system-preference-gsp

Note: The direct link to PP 9955 is available at http://www.whitehouse.gov/presidential-actions/presidential-proclamation-modify-duty-free-treatment-generalized-system-preferences-purposes-2/. Federal Register Notice 84 FR 58567 reflecting PP9955 was published on October 31, 2019 at https://www.federalregister.gov/documents/2019/10/31/2019-24008/to-modify-duty-free-treatment-under-the-generalized-system-of-preferences-and-for-other-purposes.

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https://content.govdelivery.com/accounts/USDHSCBP/bulletins/28a42b1

USITC TO INVESTIGATE RASPBERRIES MEANT FOR PROCESSING, WITH A FOCUS ON WASHINGTON STATE

The U.S. International Trade Commission (USITC) is seeking input for a new general factfinding investigation on the U.S. raspberry industry in Washington state and the conditions of competition between U.S. and foreign suppliers of raspberries meant for processing.

The investigation, Raspberries for Processing: Conditions of Competition between U.S. and Foreign Suppliers, with a Focus on Washington State, was requested by the U.S. Trade Representative (USTR) in a letter received on April 9, 2020.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide, to the extent practical:

  • an overview of the U.S. raspberry industry in Washington State, including fresh raspberries for processing, frozen raspberries, and raspberry juice, as well as an overview of the industries producing fresh and processed raspberries in major producing and exporting countries;

  • production, pricing, and consumption trends for fresh and processed raspberries in the United States and other major producing and exporting countries over the last five years, including the relationship between prices of domestic products and imports of fresh and processed raspberries in the U.S. market to the extent such data is available;

  • an overview of U.S. imports of fresh and processed raspberries, including information on the main country sources of supply, trade patterns, and supply chains of major suppliers to the United States;

  • a description of foreign government policies, financial aid, and programs that directly or indirectly affect production, infrastructure, exports, and imports of fresh and processed raspberries, including product country of origin labeling, food safety regulations, producer support, and tariff and nontariff measures;

  • a comparison of the competitive strengths and weaknesses of production and exports of fresh and processed raspberries in the United States and other major producing and exporting countries in line with the Commission’s competitiveness framework; and

  • a qualitative and, to the extent possible, quantitative assessment of the economic impact of imports from major producing and exporting countries on production and prices of U.S. fresh and processed raspberries.

The USITC expects to transmit its report to the USTR no later than June 9, 2021.

The USITC is seeking input for the investigation from all interested parties. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on September 17, 2020. Requests to appear at the public hearing in connection with the investigation should be filed no later than 5:15 p.m. on August 27, 2020 with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington D.C. 20436.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but not later than 5:15 p.m. on December 6, 2020. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions appears in the USITC's notice of investigation, dated May 15, 2020.  The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

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.

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https://www.usitc.gov/press_room/news_release/2020/er0515ll1558.htm