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 July 17, 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 May 4, 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 October 1, 2019 through December 31, 2019.[1] In the Fourth 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 January 1, 2020, through March 31, 2020. 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. Read More →

https://www.federalregister.gov/documents/2020/07/17/2020-15474/quarterly-update-to-annual-listing-of-foreign-government-subsidies-on-articles-of-cheese-subject-to

CBP Extends Closure of Trusted Traveler Programs Enrollment Centers to September 8

WASHINGTON — U.S. Customs and Border Protection (CBP) announced today that Trusted Traveler Programs enrollment centers will remain closed until at least September 8, 2020 to ensure the health and safety of program applicants and CBP personnel during the COVID-19 pandemic.

The decision was made in consultation with CBP health and safety experts who continue to monitor the increase in COVID-19 cases across the United States. CBP’s highest priority is to ensure the health, safety and security of the American people.

Trusted Traveler Programs applicants who scheduled interviews at enrollment centers on or before September 7 must reschedule their appointments. To reschedule, applicants should log into their Trusted Traveler Programs account on or after September 8 and use the online scheduling tool.

In order to minimize the impact of the enrollment centers closure on Trusted Traveler Programs applicants, CBP further extended the period of time that applicants have to complete the enrollment process. Every applicant now has 545 days from the date that CBP conditionally approves his or her application to complete the enrollment process. In addition, CBP will extend for up to 18 months the program benefits of members who apply for renewal before their current membership expires.

CBP’s Enrollment on Arrival program remains operational. This program is the best option for conditionally approved Global Entry applicants to complete the enrollment process without pre-scheduling an interview at an enrollment center.

Trusted Traveler Programs support CBP’s mission of securing U.S. borders while facilitating lawful travel and trade. These innovative programs allow more than nine million pre-approved, low-risk travelers to bypass traditional CBP inspection lines and receive expedited processing when entering the United States.

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https://www.cbp.gov/newsroom/national-media-release/cbp-extends-closure-trusted-traveler-programs-enrollment-centers

Yachts Made in China

The Office of the U.S. Trade Representative (USTR) has issued a Federal Register notice exempting Section 301 import tariffs for one additional List 3 product from China (imports from China with an annual trade value of $200 billion):

  • Motorboats with displacement hulls of reinforced fiberglass and wood, each motorboat measuring not less than 14.47 m and not more than 36.57 m in length and weighing not less than 28 t and not more than 363 t, powered by inboard engines, other than inboard/outdrive (described in statistical reporting number 8903.92.0065).

The exclusion will apply from September 24, 2018, through August 7, 2020. The exclusion is governed by the scope of the HTS heading and the product description appearing in the annex of the exclusion notice; it is not governed by the product description set out in any particular exclusion request. U.S. Customs and Border Protection will soon issue instructions on entry guidance and implementation. The USTR will continue to issue determinations on pending requests on a periodic basis. Please contact us to discuss whether we can assist in determining if your product might fit within one of these exclusions.

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING WALK-BEHIND LAWN MOWERS FROM CHINA 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 walk-behind lawn mowers from China and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the government of China. 

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

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from China and Vietnam, with its preliminary countervailing duty determination due on or about August 19, 2020, and its antidumping duty determinations due on or about November 2, 2020. 

The Commission’s public report Walk-Behind Lawn Mowers from China and Vietnam (Inv. Nos. 701-TA-648 and 731-TA-1521-1522 (Preliminary), USITC Publication 5091, July 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after August 7, 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/er0709ll1605.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING OIL COUNTRY TUBULAR GOODS FROM INDIA, KOREA, TURKEY, UKRAINE, AND VIETNAM

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty orders on imports of oil country tubular goods from India and Turkey and the existing antidumping duty orders on imports of these products from India, Korea, Turkey, Ukraine, and Vietnam, would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from India, Korea, Turkey, Ukraine, and Vietnam will remain in place. 

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

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

The Commission’s public report Oil Country Tubular Goods from India, Korea, Turkey, Ukraine, and Vietnam (Inv. Nos. 701-TA-499-500 and 731-TA-1215-1216 and 1221-1223 (Review), USITC Publication 5090, July 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by August 19, 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/er0708ll1604.htm

U.S. DEPARTMENT OF COMMERCE FINDS DUMPING AND COUNTERVAILABLE SUBSIDIZATION OF IMPORTS OF UTILITY SCALE WIND TOWERS FROM CANADA, INDONESIA, SOUTH KOREA, AND VIETNAM

For Immediate Release
June 30, 2020
Contact: ITA Office of Public Affairs 
Phone: 202-482-3809

WASHINGTON – Today, the U.S. Department of Commerce (Commerce) announced affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of utility scale wind towers from Canada, Indonesia, South Korea (AD only), and Vietnam.

Commerce determined that producers and/or exporters from Canada, Indonesia, South Korea, and Vietnam have sold utility scale wind towers at less than fair value in the United States at rates of 4.94 percent for Canada, 8.53 percent for Indonesia, 5.41 percent for South Korea, and 65.96 percent for Vietnam.

In addition, Commerce determined that producers and/or exporters from Canada, Indonesia, and Vietnam received countervailable subsidies at rates of 1.18 percent for Canada, 5.90 percent for Indonesia, and 2.84 percent for Vietnam.

In 2019, imports of utility scale wind towers from Canada, Indonesia, South Korea, and Vietnam were valued at an estimated $56.6 million, $108.8 million, $78.7 million, and $106.1 million, respectively. 

The petitioner is the Wind Tower Trade Coalition, whose members are Arcosa Wind Towers, Inc. (Dallas), and Broadwind Towers, Inc. (Manitowoc, Wisc.).

The U.S. International Trade Commission (ITC) is currently scheduled to make its final injury determinations on or about August 13. If the ITC makes affirmative final injury determinations, Commerce will issue AD and CVD orders. If the ITC makes negative final injury determinations, the investigations will be terminated, and no orders will be issued.

Read the fact sheet on 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 262 new AD and CVD investigations – a 236 percent increase from the comparable period in the previous administration.

The AD and CVD laws provide 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 529 AD and CVD orders that 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 AD duties. Foreign companies that receive unfair subsidies from their governments, such as grants, loans, equity infusions, tax breaks, or production inputs, are subject to CVD duties aimed at directly countering those subsidies.

The U.S. Department of 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 on factual evidence provided on the record.

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https://www.trade.gov/press-release/us-department-commerce-finds-dumping-and-countervailable-subsidization-imports-0

Coronavirus (COVID-19) Update: Daily Roundup July 10, 2020

For Immediate Release:July 10, 2020

The U.S. Food and Drug Administration today announced the following actions taken in its ongoing response effort to the COVID-19 pandemic:

  • The FDA issued a statement in conjunction with preparations to resume domestic inspections, guided by a new a risk-assessment system. The White House Guidelines for Opening Up America Again are providing FDA a roadmap for optimizing operations and new work arrangements, and the Centers for Disease Control and Prevention’s (CDC) guidance is informing efforts related to workplace exposures to COVID-19 in non-healthcare settings. To arm FDA investigators with the most reliable and accurate information, the FDA developed a rating system to assist in determining when and where it is safest to conduct prioritized domestic inspections. The COVID-19 Advisory Rating system (COVID-19 Advisory Level) uses real-time data to qualitatively assess the number of COVID-19 cases in a local area based on state and national data. The Advisory Level data will be made available to state partners who, under contract, conduct inspections of FDA-regulated entities on the agency’s behalf.

    At this time, the agency is working toward restarting on-site inspections during the week of July 20. However, resuming these inspections will depend on the data about the virus’ trajectory in a given state and locality and the rules and guidelines established by those state and local governments.

  • The agency issued new Emergency Use Authorizations for diagnostic tests developed by:

  • Testing updates:

    • To date, the FDA has currently authorized 173 tests under EUAs; these include 144 molecular tests, 27 antibody tests, and 2 antigen tests.

  • The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

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    https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-daily-roundup-july-10-2020

U.S. DEPARTMENT OF LABOR READY TO ENFORCE USMCA

WASHINGTON, DC – The U.S.-Mexico-Canada Agreement (USMCA) entered into force today as the U.S. Department of Labor affirmed its commitment to upholding the agreement’s labor provisions.

“President Trump negotiated USMCA for the American worker,” said U.S. Secretary of Labor Eugene Scalia. “USMCA contains some of the strongest labor protections of any trade agreement, and the Department of Labor will faithfully and effectively ensure compliance with those protections.”

To ensure the agreement benefits American workers, the USMCA, unlike NAFTA, brings labor obligations into the core of the agreement and makes them fully enforceable.

The Department’s Bureau of International Labor Affairs (ILAB) has empaneled an Interagency Labor Committee for Monitoring and Enforcement, co-chaired with the Office of the U.S. Trade Representative. Among the many responsibilities of the committee, it will receive and review submissions under the USMCA Labor Chapter and Rapid Response Labor Mechanism, a first-of-its-kind enforcement provision that allows for enforcement actions against individual factories that fail to comply with critical labor provisions.

ILAB also set up a multi-lingual, web-based hotline to receive confidential information about labor issues from interested parties in USMCA countries.

ILAB has worked with the U.S. Department of State to establish three labor attaché positions at the U.S. Embassy in Mexico City. The attachés will coordinate compliance and collaborate with the Mexican government to help ensure that landmark labor legislation passed last year in Mexico is implemented.

ILAB technical assistance has been, and will continue to be, key to ensuring that Mexico lives up to its commitments under the agreement. So far, the Department has invested $32 million in grant funding with plans to invest an additional $180 million over the next four years to non-governmental recipients to support the implementation of the USMCA. The Department anticipates technical assistance projects will build capacity of the Mexican Ministry of Labor to implement the new labor legislation, increase awareness of the new labor law requirements, provide training for workers and employers to improve labor relations and collective bargaining, and engage with civil society organizations to promote acceptable conditions of work. In addition, the Department will focus on worker-focused capacity building and efforts to reduce workplace discrimination, child labor, forced labor and human trafficking. Read More →

https://www.dol.gov/newsroom/releases/ilab/ilab20200701

COLLATED STEEL STAPLES FROM CHINA INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of collated steel staples from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

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

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

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

The Commission’s public report Collated Steel Staples from China (Inv. No. 701-TA-626 and 731-TA-1452 (Final), USITC Publication 5085, July 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by August 3, 2020; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

Read More →

https://www.usitc.gov/press_room/news_release/2020/er0623ll1579.htm

U.S. DEPARTMENT OF COMMERCE INITIATES ANTIDUMPING DUTY AND COUNTERVAILING DUTY INVESTIGATIONS OF IMPORTS OF PASSENGER VEHICLE AND LIGHT TRUCK TIRES FROM

THE REPUBLIC OF KOREA, TAIWAN, THAILAND, AND THE SOCIALIST REPUBLIC OF VIETNAM

WASHINGTON – Today, the U.S. Department of Commerce announced the initiation of new antidumping (AD) and countervailing duty (CVD) investigations to determine whether passenger vehicle and light truck (PVLT) tires from the Republic of Korea (Korea), Taiwan, Thailand, and the Socialist Republic of Vietnam (Vietnam) are being dumped in the United States, and to determine if producers in Vietnam are receiving unfair subsidies.

The petitions were filed by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (Pittsburgh).

In the AD investigations, Commerce will determine whether imports of PVLT tires from Korea, Taiwan, Thailand, and Vietnam are being dumped in the U.S. market at less than fair value. The alleged dumping margins are as follows:

  • 42.95 – 195.20 percent for Korea

  • 20.57 – 116.14 percent for Taiwan

  • 106.36 – 217.50 percent for Thailand

  • 5.48 – 22.30 percent for Vietnam

In the CVD investigation for Vietnam, Commerce will determine whether Vietnam producers of PVLT tires are receiving unfair government subsidies. Commerce will investigate 20 subsidy programs, including tax programs, government provision of goods for less than adequate remuneration, import substitution subsidies, grants, government provided loans and Vietnam’s allegedly undervalued currency. This is the first time that Commerce has ever initiated an investigation of alleged currency subsidies in relation to a foreign currency with a single exchange rate.

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized imports of PVLT tires from Korea, Taiwan, Thailand, and Vietnam materially injure, or threaten material injury to, the U.S. industry, Commerce will impose duties on those imports in the amount of dumping and/or unfair subsidization found to exist.

The 2019 imports of PVLT tires from the countries under investigation were approximately valued as follows: 

  • $1.17 billion for Korea 

  • $373.0 million for Taiwan

  • $1.96 billion for Thailand

  • $469.6 million for Vietnam

Read the fact sheet on today’s decisions.

Next Steps:
During Commerce’s investigations, the ITC will conduct its own investigations into whether the U.S. industry and its workforce are being injured by such imports. The ITC will make its preliminary determinations by July 17. If the ITC preliminarily determines that there is reasonable indication of material injury or threat of material injury, then Commerce’s investigations will continue, with the preliminary CVD determination scheduled for August 26, and preliminary AD determinations scheduled for November 9, unless these deadlines are extended.

Read More →

https://www.trade.gov/press-release/us-department-commerce-initiates-antidumping-duty-and-countervailing-duty-7

U.S. DEPARTMENT OF LABOR ISSUES INTERIM FINAL RULE TO IMPLEMENT PROVISIONS OF THE UNITED STATES-MEXICO-CANADA AGREEMENT

Promotes higher wages, better jobs for U.S. auto industry

WASHINGTON, DC – The U.S. Department of Labor today announced an interim final rule providing regulations necessary to implement and administer the high-wage components of the Labor Value Content (LVC) requirements set forth in the United States-Mexico-Canada Agreement (USMCA) and the treaty’s implementing statute. The rule provides needed guidance to producers of motor vehicles covered by the USMCA, describing criteria they must meet to qualify for preferential tariff claims under the treaty.

The LVC requirements promote more high-wage jobs for the U.S. automobile and auto parts industry by requiring that, to qualify for preferential tariff claims under the treaty, manufacturers must produce a significant portion of certain motor vehicles using high-wage labor. Among other requirements, the treaty requires that for a passenger vehicle, light truck or heavy truck to be eligible for preferential tariff treatment, a minimum percentage of the cost of the vehicle must be made at a facility that pays an average hourly base rate of at least $16 per hour.

“Through the USMCA, the United States is establishing more balanced, reciprocal trade that supports high-paying jobs for Americans and grows the North American economy,” said Secretary of Labor Eugene Scalia. “The USMCA recognizes that international trade, investment and economic growth are promoted through the protection and enforcement of labor rights and the improvement of working conditions. This is a significant win for the workforce in the American auto industry, and helps level the playing field for U.S. manufacturers.”

To qualify for preferential tariff treatment, a producer must file a certification with U.S. Customs and Border Protection (CBP) demonstrating that its production of covered vehicles meets the high-wage components of the LVC requirements. WHD, in conjunction with CBP, will review those certifications.

“The Wage and Hour Division is proud to support this new law through our role in the certification and verification process,” said Wage and Hour Division Administrator Cheryl Stanton. “The interim final rule we published today ensures that manufacturers and other stakeholders understand the specific requirements and procedures for claiming preferential tariff treatment, and it provides transparency into the process.”

The interim final rule is effective July 1, 2020 and is available for review and public comment for 60 days. The Department encourages interested parties to submit comments. The interim final rule, along with the procedures for submitting comments, can be found at the Wage and Hour Division’s interim final rule website.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of America’s workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping and child-labor requirements of the FLSA. WHD also enforces the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration-related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Agency

Wage and Hour Division

Date

June 29, 2020

Release Number

20-1318-NAT

Contact: Emily Weeks

Phone Number

202-693-4676

Email

weeks.emily.c@dol.gov

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https://www.dol.gov/newsroom/releases/whd/whd20200629-1

Coronavirus (COVID-19) Update: Joint Statement from USDA and FDA on Food Export Restrictions Pertaining to COVID-19

For Immediate Release: June 24, 2020

Statement From:Commissioner of Food and Drugs - Food and Drug AdministrationStephen M. Hahn M.D.

Today, U.S. Secretary of Agriculture Sonny Perdue and FDA Commissioner Stephen M. Hahn, M.D., issued the following statement regarding food export restrictions pertaining to COVID-19:

“The United States understands the concerns of consumers here domestically and around the world who want to know that producers, processors and regulators are taking every necessary precaution to prioritize food safety especially during these challenging times. However, efforts by some countries to restrict global food exports related to COVID-19 transmission are not consistent with the known science of transmission.”

“There is no evidence that people can contract COVID-19 from food or from food packaging. The U.S. food safety system, overseen by our agencies, is the global leader in ensuring the safety of our food products, including product for export.”

Background:

The U.S. Centers for Disease Control and Prevention (CDC), in conjunction with the U.S. Occupational Safety and Health Administration (OSHA), has issued guidance for manufacturing facilities, including food facilities, specific to controlling the spread of COVID-19 between workers. But the COVID-19 guidelines from CDC and OSHA are separate and distinct from the food safety requirements that all U.S. facilities must follow to ensure food safety.

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

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https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-joint-statement-usda-and-fda-food-export-restrictions-pertaining-covid

Rescission of the October 2019 Withdrawal of the Bifacial Solar Panels Exclusion From the Safeguard Measure on Solar Products

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice.

SUMMARY:

The U.S. Trade Representative is expressly rescinding the withdrawal, issued in October 2019 (the October Withdrawal), of the exclusion of bifacial solar panels from application of the safeguard measure on imports of certain solar products pursuant to a Section 201 investigation. The October Withdrawal is superseded by the withdrawal determination made by the U.S. Trade Representative in April 2020 that the bifacial solar panel exclusion is undermining the objectives of the safeguard measure (the April Withdrawal).

DATES:

Rescission of the October Withdrawal is effective June 12, 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 (CSPV) cells and other products (CSPV 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. He did so in February 2018. See 83 FR 6670. The Proclamation 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).

Pursuant to the exclusion process, the U.S. Trade Representative excluded certain bifacial solar panels from application of the safeguard measure in June 2019. See 84 FR 27684. In October 2019 (84 FR 54244), after evaluating newly available information and consultations with the Secretaries of Commerce and Energy, the U.S. Trade Representative withdrew the exclusion because it would undermine the objectives of the safeguard measure. This withdrawal was challenged by Invenergy, Inc. in the U.S. Court of International Trade. In response, the U.S. Trade Representative sought comments on whether to maintain, withdraw, or take some other action concerning the exclusion of bifacial solar panels from the safeguard measure. See 85 FR 4756. Read More →

https://www.federalregister.gov/documents/2020/06/12/2020-12734/rescission-of-the-october-2019-withdrawal-of-the-bifacial-solar-panels-exclusion-from-the-safeguard

USITC LAUNCHES INVESTIGATION OF THE ECONOMIC IMPACT ON THE UNITED STATES OF ALL TRADE AGREEMENTS

he U.S. International Trade Commission (USITC) has initiated an investigation of the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984.

The investigation, Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Report, is required by section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.

As required by the statute, the USITC, an independent, nonpartisan, factfinding federal agency, will submit its report to the U.S. House of Representatives Committee on Ways and Means and the U.S. Senate Committee on Finance by June 29, 2021.

The report is the second of two required by the statute.  In addition to updating information provided in the first report, the second report will cover the new United States-Mexico-Canada Agreement (USMCA) and update and add new modeling and other information.  The Commission submitted its first report on June 29, 2016.

The Commission’s report will cover the Uruguay Round Agreements; the North American Free Trade Agreement and its successor, the USMCA; and U.S. free trade agreements (FTAs) with Australia, Bahrain, Canada, Chile, Colombia, the Dominican Republic and five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua), Israel, Jordan, Korea, Morocco, Oman, Panama, Peru, and Singapore.

The USITC is seeking input for the investigation from all interested parties.  The USITC will hold a public hearing in connection with the investigation on October 6, 2020.  See below for important information regarding the format and location of this USITC hearing.

Requests to appear at the hearing should be filed no later than 5:15 p.m. on September 21, 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 at the above address and should be submitted no later than 5:15 p.m. on November 6, 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. Read More →

https://www.usitc.gov/press_room/news_release/2020/er0611ll1575.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.

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) reviews concerning Lightweight Thermal Paper from China were instituted on December 2, 2019.

On March 6, 2020, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.

A record of the Commission’s vote to conduct expedited reviews 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/er0611ll1574.htm

USDA Announces Agreement to Allow New Ingredients in Pet Food Exports to China

Contacts:
Mike Stepien, 301-851-4107
Mike.Stepien@usda.gov

The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is announcing a protocol that will allow the use of U.S.-origin bovine ingredients and most imported ingredients in pet food being exported to China. The U.S. and China signed the pet food protocol on April 13, and the certification requirements were finalized May 21, with an implementation date set for June 15, 2020. There will be a two-month transition period to ensure companies currently exporting pet foods can comply with the new requirements.

APHIS will post the requirements on the APHIS International Regulations webpage to ensure manufacturers understand the conditions they need to meet in order to ship using the new ingredients (imported ingredients and/or ruminant ingredients). Facilities will have to meet China’s Ministry of Agriculture and Rural Affairs requirements for product registration, and companies will be able to export only after all of these details are complete.

This action is part of the continuing progress to implement the U.S.-China Phase One Economic and Trade Agreement. The agreement entered into force on February 14, 2020, and this action builds upon measures that were previously announced on February 25, March 10, March 24, and May 21.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/SA_By_Date/SA-2020/SA-06/china-pet-food-exports

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ROLLED-EDGE RIGID PLASTIC FOOD TRAYS

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain rolled-edge rigid plastic food trays.  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 Clearly Clean Products, LLC, of South Windsor, CT, and Converter Manufacturing, LLC, of Orwigsburg, PA, on May 18, 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 rolled-edge rigid plastic food trays that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

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

Eco Food Pak (USA), Inc., of Chino, CA; and
Ningbo Linhua Plastic Co., Ltd., of Xiwu, Fenghua, China.

By instituting this investigation (337-TA-1203), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

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

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https://www.usitc.gov/press_room/news_release/2020/er0619ll1578.htm