Despite COVID-19 Risks, Cases of Migrants Crammed in Tractor-Trailers Dangerously Increase

Central American Migrant Testimonial Reveal Smugglers’ Inhumanity

WASHINGTON—Despite the COVID-19 pandemic and implementation of several travel restrictions to prevent the spread of the disease, human smugglers continue to place migrants in harm’s way. Commercial tractor-trailers are the conveyance of choice to smuggle large numbers of people into the United States. Migrants are exposed to these dangers by smugglers who know the life-threatening journey will be in vain given increased border enforcement and partnerships with affected governments. 

In the midst of COVID-19 spread, ruthless human smugglers continue to expose migrants to the deadly virus by forcing them to travel inside crowded trailers, with no ventilation, no water and no food for hours, even days. The tractor-trailer is the final trap of their 1,600 mile treacherous journey from Central America to the United States.

The Border Patrol’s Rio Grande Valley (RGV) and Laredo (LRT) sectors in Texas have traditionally been the hot spot for tractor-trailers loaded with migrants. In fiscal year 2020 through August, these two sectors have seen more than 226 tractor-trailer cases, with 3,740 individuals discovered concealed in these dangerous and life threating conditions. Just for LRT this represents a 37 percent increase from the same period in fiscal year 2019.

“Smugglers are unscrupulous criminals and will stop at nothing to enrich their pockets, even if it involves locking human beings in trailers intended for animals,” said Acting Customs and Border Protection Commissioner Mark A. Morgan. “They treat illegal aliens as a commodity, inhumanely holding them captive in overcrowded stash houses with limited access to food and water.”

In a video testimonial previously released, a young Central American mother, whose identity is protected, describes her frightening experience, “you suffer a lot, and you encounter people that try to sexually abuse you. Sometimes you travel in tractor-trailer boxes unable to breathe. At the end of it all, nothing was like they say it would be.” Read More→

https://www.cbp.gov/newsroom/national-media-release/despite-covid-19-risks-cases-migrants-crammed-tractor-trailers

Commission adopts proposals to make EU-U.S. agreement on tariffs effective

The European Commission today published a proposal for a Council and European Parliament regulation to scrap duties on certain imports to the EU. In return, the United States will reduce its duties on certain EU exports to the U.S. market. This will put into effect the agreement announced by the EU and the U.S. on 21 August 2020. These tariff reductions between the EU and the U.S. will increase access to both EU and U.S. markets by around €200 million per year.

Executive Vice-President Valdis Dombrovskis said: “The EU and the U.S. share the most important economic partnership in the world, with trade in goods and services worth over €1.3 trillion annually. This deal provides both sides with a true win-win outcome, helping us to strengthen our partnership even further. Lowering tariffs on both sides improves access for our exporters and reduces the cost of imported goods. Those are both critically important factors in this time of coronavirus-related economic crisis. From the EU side, we view this agreement as an important step towards improving our relationship and resolving outstanding disputes. We remain eager to deepen transatlantic cooperation wherever possible as we firmly believe that, when it comes to truly global challenges, the chances of achieving successful global outcomes are improved if the European Union and United States work together.”

Once approved in line with the relevant procedures on either side of the Atlantic, the agreement will entail the reduction of U.S. tariffs on EU exports worth some $160 million a year. This includes prepared meals, crystal glassware, surface preparations, propellant powders, lighters and lighter parts. On its side, the EU will eliminate tariffs on imports of U.S. live and frozen lobster products. U.S. exports of these products to the EU are worth some $111 million.

Both sides will eliminate those tariffs on a most-favoured nation (MFN) basis, i.e. for any partner, in line with the existing multilateral commitments. The measures will apply with retroactive effect as of 1 August 2020. Read More→

https://trade.ec.europa.eu/doclib/press/index.cfm?id=2180

U.S. Department of Commerce Announces Draft Amendment to the Suspension Agreement on Uranium from the Russian Federation

Today, the U.S. Department of Commerce (Commerce) and the State Atomic Energy Corporation Rosatom (Rosatom), on behalf of the Government of the Russian Federation, initialed a draft amendment to the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (Agreement), which was originally signed in 1992.  This amendment, if finalized, will extend the Agreement to 2040 and reduce U.S. reliance on uranium from Russia during that time period.

“This draft agreement represents an important step forward for the American nuclear industry,” said Secretary of Commerce Wilbur Ross.  “If finalized, it will contribute to the restoration of America’s nuclear energy advantage and protect the domestic industry from dumped Russian uranium.” 

The draft amendment would:

  • Reduce U.S. imports of uranium from Russia. Under the current Agreement, Russian uranium exports are limited to approximately 20% of U.S. enrichment demand. Under the amended Agreement, this figure would drop to an average of approximately 17% over the next 20 years and would be no higher than 15% starting in 2028.

  • Strengthen existing protections for the U.S. commercial enrichment industry.  By extending and reducing the Agreement’s export limits, the draft amendment would enable the U.S. commercial enrichment industry to compete on fair terms.

  • Establish unprecedented protections for U.S. uranium miners and the U.S. uranium converter. Under the current Agreement, Russia can use its entire export quota for the sale of not only the enrichment component of the low-enriched uranium (LEU), but also the natural uranium concentrates and conversion components of the LEU. By contrast, the amended Agreement would allow only a portion of the export quota to be used for the sale of the natural uranium components (concentrates and conversion) from Russia. On average, this portion will be equivalent to approximately 7% of U.S. enrichment demand, and no higher than 5% starting in 2026.

  • Fix “returned feed” provisions in the existing Agreement that prejudice U.S. uranium miners.Under the current Agreement, foreign origin returned feed (i.e., natural uranium delivered by U.S. customers to the Russian exporter, in exchange for enriched uranium) can be delivered to the Russian exporter, enriched in Western Europe, and then exported to the United States outside the Agreement’s export limits. The amended Agreement would require foreign origin returned feed that is enriched in third countries to be subject to the Agreement’s export limits if exported back to the United States.

  • Allow for the fulfillment of U.S. customers’ preexisting contracts for Russian uranium. There are U.S. companies that have contracts to purchase uranium from Russia before Commerce launched negotiations to extend the Agreement beyond 2020.  The limits in the agreement are structured to enable the majority of these contracts to be fulfilled.

Commerce is releasing the draft amendment for public comment.  Comments will be due by 5:00 p.m. EDT on September 28, 2020.  The draft amendment is available to registered users at https://access.trade.gov (reference case number A-821-802), and it will also be published in the Federal Register.  Commerce is seeking to finalize an amendment to the Agreement no later than October 5, 2020, which would enable Commerce to avoid possible termination of the Agreement and resumption of the underlying suspended antidumping investigation of uranium from Russia.

Commerce’s Enforcement and Compliance unit in the International Trade Administration, which negotiated today’s amendment to the Agreement, is responsible for vigorously enforcing U.S. trade law and does so through an impartial, transparent process that abides by international rules and is based on factual evidence provided on the record.

BUREAUS AND OFFICES

International Trade Administration

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https://www.commerce.gov/news/press-releases/2020/09/us-department-commerce-announces-draft-amendment-suspension-agreement

APHIS Proposes Animal Welfare Amendments for Research Facilities to Remove Duplicative and Unnecessary Information Requirements

Washington, D.C., September 16, 2020—The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is proposing changes to the Animal Welfare Act (AWA) regulations to reduce the administrative burden for research facilities, while ensuring that research animals continue to receive humane care.  The proposed changes would apply to approximately 1,100 registered facilities that use animals to conduct research, teaching, testing and experimentation.

The proposed rule addresses unduly burdensome and unclear administrative requirements regarding inactive facilities, redundant facility contact information status reports, conditions for registration termination, the validity period of Institutional Animal Care and Use Committee- approved protocols, and signatures on animal research facility annual reports.  

These changes are being proposed as part of USDA’s commitment to regulatory reform and are in compliance with the 21st Century Cures Act, which directs USDA to work with the Food and Drug Administration and the National Institutes of Health to complete a review of regulations and policies for the care and use of laboratory animals.  It also requires USDA to make revisions to reduce the administrative burden on the research community, while maintaining the integrity of research findings and the protection of research animals. 

The proposed rule may be viewed in today’s Federal Register. Beginning tomorrow, members of the public will be able to submit comments for 60 days.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2020/sa-09/research-facilities-info-removal

USITC VOTES TO CONTINUE INVESTIGATIONS ON METHIONINE FROM FRANCE, JAPAN, AND SPAIN

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 methionine from France, Japan, and Spain that are allegedly sold in the United States at less than fair value. 

Chair Jason E. Kearns, Vice Chair 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 its investigations of imports of methionine from France, Japan, and Spain, with its preliminary antidumping duty determinations due on or about January 5, 2021.

The Commission’s public report Methionine from France, Japan, and Spain (Inv. Nos. 731-TA-1534-1536 (Preliminary), USITC Publication 5120, September 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after October 13, 2020; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.


UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Methionine from France, Japan, and Spain
Investigation Nos. 731-TA-1534-1536 (Preliminary)

Product Description:  Methionine, an organic chemical, is an essential amino acid. Methionine hydroxy analogues (MHA) are organic acids. The forms of methionine and MHA identified in the scope are primarily used in animal feed preparations (e.g., poultry and swine) and aquaculture. Read More→

https://www.usitc.gov/press_room/news_release/2020/er0911ll1646.htm

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING CHASSIS AND SUBASSEMBLIES 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 chassis and subassemblies from China that are allegedly subsidized and sold in the United States at less than fair value. 

Chair Jason E. Kearns, Vice Chair 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 its investigations of imports of chassis and subassemblies from China, with its preliminary countervailing duty determination due on or about October 23, 2020, and its preliminary  antidumping duty determination due on or about January 6, 2021.

The Commission’s public report Chassis and Subassemblies from China (Inv. Nos. 701-TA-657 and 731-TA-1537 (Preliminary), USITC Publication 5119, September 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after October 13, 2020; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.


UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Chassis and Subassemblies from China
Investigation Nos. 701-TA-657 and 731-TA-1537 (Preliminary)

Product Description:  Chassis are skeletal rectangular framed trailers used to transport shipping containers. The rectangular frame is made up of steel with a suspension and axle system, wheels and tires, brakes, a lighting and electrical system, a coupling for towing behind a truck tractor, and a locking system or systems to secure the shipping container or containers attached to the chassis. Chassis are designed to carry containers of various sizes (usually ranging from 20-feet to 53-feet in the United States). Read More→

https://www.usitc.gov/press_room/news_release/2020/er0911ll1647.htm

Joint Statement on U.S.-Brazil Trade in Ethanol

Washington, DC – Brazil and the United States have held consultations regarding their bilateral trade on ethanol. As a result, they have decided to conduct results-oriented discussions on an arrangement to improve market access for ethanol and sugar in Brazil and the United States. They will also consider an increase in market access for corn in both countries. The two countries will also discuss ways to ensure there is fair market access along with any increase in the consumption of ethanol, as well as to coordinate and ensure that the ethanol industries in both countries will be treated fairly and benefit from future regulatory changes on biofuel products in Brazil and the United States. The discussions should aim to achieve reciprocal and proportional outcomes that generate trade and open markets to the benefit of both countries.

Such discussions will take place over a 90-day period starting on September 14, 2020. During such time, Brazil will maintain a pro-rata tariff-rate quota (TRQ) for ethanol proportional to the total annual volume of the TRQ that was in force on August 30, 2020.
Brazil and the United States agreed to proceed in this manner in the spirit of the economic partnership created under the leadership of Presidents Trump and Bolsonaro, acknowledging the need to continue to constructively address the effects of the crises generated by the COVID-19 pandemic on their bilateral trade and domestic production.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/september/joint-statement-us-brazil-trade-ethanol

CBP COVID-19 Updates and Announcements

CBP COVID-19 Information

What is CBP doing to safeguard its employees/personnel during this pandemic?  

In order to minimize exposure to COVID-19, the CBP workforce is using social distancing to the maximum extent possible. CBP has ensured that personnel who cannot telework have ready access to Personal Protective Equipment and comprehensive guidance for the use of that equipment. CBP is taking every precaution to keep our workforce, their families and the American people safe while still accomplishing the CBP mission.

What specific protective equipment is CBP providing to agents and officers?

CBP has provided extensive guidance to all of its employees regarding the risk-based use of Personal Protective Equipment (PPE). PPE recommendations range from gloves to N95 respirators, eye protection, disposable outer garments and more based on infectious disease risks, job functions, and job settings. CBP has also issued sanitary guidance to its facilities specifically to prevent the spread of COVID-19.

Overall, CBP has had 2041 federal employees test positive for COVID-19.  11 have unfortunately died as a result of the virus. Read More→

https://www.cbp.gov/newsroom/coronavirus

USITC RELEASES SHIFTS IN U.S. MERCHANDISE TRADE 2019

Shifts in U.S. Merchandise Trade 2019 (2019 Trade Shifts) is now available on the U.S. International Trade Commission (USITC) internet site.

The USITC, an independent, nonpartisan factfinding federal agency, produces its web-based comprehensive review of changes in U.S. trade patterns annually.

2019 Trade Shifts includes new interactive features, such as tables and graphics that allow users to view and refine, as they choose, the official government data presented. The report highlights changes in U.S. exports and imports by sector and select trading partners in terms of absolute value changes, relative percent changes, and changes in rank.

Highlights from the 2019 Trade Shifts report include:

  • In 2019, U.S. total exports and general imports both decreased though both were still above 2017 levels. Since U.S. imports fell more than U.S. exports, the overall merchandise trade deficit narrowed slightly.

  • U.S. total exports in two-thirds of merchandise sectors decreased from 2018 to 2019. The largest decreases in U.S. total exports were seen in the minerals and metals sector. The largest decrease in U.S. general imports by both absolute and percent change occurred in energy-related products.

  • Mexico, Canada, and China continued to be the main U.S. trading partners in 2019, consistent with past reports. China continued to be the top source of U.S. imports and remained the third largest destination market for U.S. exports. The largest destination markets for U.S. exports, however, were Canada and Mexico. Combined, U.S. exports to these two countries accounted for one-third of all U.S. exports of merchandise in 2019.

Shifts in U.S. Merchandise Trade 2019 can be accessed at https://www.usitc.gov/research_and_analysis/trade_shifts_2019/index.htm.

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https://www.usitc.gov/press_room/news_release/2020/er0908ll1645.htm

President Trump Continues to Protect America’s Steel-Dependent National Security

Washington, DC – Since the beginning of his Administration, President Donald J. Trump has fought to protect American workers and the American steel industry. Today, the United States announces additional measures to address steel imports with two key trading partners – Mexico and Brazil.  Under President Trump’s leadership, the United States continues to engage cooperatively with trading partners while acting responsibly to protect industries vital to our national security.

USTR Statements on Successful Conclusion of Steel Negotiations

Mexico and the United States have successfully concluded consultations held pursuant to the mechanism established in their Joint Statement of May 17, 2019 to address recent surges in imports from Mexico of three steel products: standard pipe, mechanical tubing, and semi-finished products.  Mexico will establish a strict export monitoring regime for these products through June 1, 2021 and closely monitor shipments during this period.  The United States will maintain the Section 232 duty exemption for imports of these products and will consult with Mexico in December of 2020 to discuss the state of trade in the relevant products in light of market conditions at that time.   
 
The United States Trade Representative, Ambassador Robert Lighthizer, praised the Mexican government and his counterpart, Secretary of Economy Graciela Márquez Colín, for their cooperation and constructive engagement:  “While the COVID-19 pandemic has challenged both of our countries in unprecedented ways, it has also underscored the importance of the strong economic partnership between the United States and Mexico and the need for close coordination to address common challenges.  Our successful consultations on steel prove it is possible for us to work together to find creative solutions that serve the interests of workers and businesses in both countries.  I thank my friend Secretary Márquez and her staff for their engagement and hard work over the last few weeks as we worked through this issue.”

***

Brazil and the United States have held successful talks regarding the steel trade between the two countries.  In May of 2018, President Trump granted an exemption for Brazilian steel products from tariffs he imposed under Section 232, which allowed for duty-free importation of set quotas of various Brazilian steel products. The exemption was maintained in 2019 as the result of a constructive dialogue between Presidents Bolsonaro and Trump.  In light of recent deterioration in market conditions brought on by the COVID-19 pandemic affecting domestic steel producers, the United States has deemed it necessary to reduce the remaining quota for Brazilian semi-finished steel products for the remainder of 2020 to 60,000 metric tons, down from 350,000, but will maintain existing quotas for other steel products.  The United States will hold consultations with Brazil about the semi-finished steel quota for 2021 in December, by which time we hope market conditions will have improved. 
The United States Trade Representative, Ambassador Robert Lighthizer, thanked the Brazilian government for the constructive dialogue in this matter:  “Despite the challenges both of our countries face from COVID-19, discussions between the United States and Brazil on strengthening our trade relationship for the future are proceeding nicely.  I thank Minister Ernesto Araújo for his willingness to discuss the state of the steel trade between our countries over the past few weeks.  Our successful talks on this matter prove the value of candid, good faith engagement between trade partners.”


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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/august/president-trump-continues-protect-americas-steel-dependent-national-security

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN VACUUM INSULATED FLASKS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain vacuum insulated flasks and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Steel Technology LLC d/b/a Hydro Flask of Bend, OR, and Helen of Troy Limited of El Paso, TX, on July 29, 2020.  A supplement to the complaint was filed on August 18, 2020.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain vacuum insulated flasks and components thereof that infringe patents and registered trademarks asserted by the complainants.  The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. 

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

Everich and Tomic Houseware Co., Ltd., of  Hangzhou, China;
Cangnan Kaiyisi E-Commerce Technology Co., Ltd., of Wenzhou, Zhejiang, China;
Shenzhen Huichengyuan Technology Co., Ltd., of Shenzhen, Guangdong, China;
Sinbada Impex Co., Ltd., of Hefei, Anhui, China;
Yongkang Huiyun Commodity Co., Ltd., of Jinhua, Zhejiang, China;
Wuyi Loncin Bottle Co., Limited, of Jinhua, Zhejiang, China;
Yiwu Honglu Daily Necessities Co., Ltd., Yiwu City, Zhejiang, China;
Zhejiang Yuchuan Industry & Trade Co., Ltd., Jinhua, Zhejiang, China;
Zhejiang Yongkang Unique Industry & Trade Co., Ltd., Jinhua, Zhejiang, China;
Suzhou Prime Gifts Co., Ltd., of Suzhou, Jiangsu, China;
Hangzhou Yuehua Technology Co., Ltd., of Hangzhou, Zhejiang, China;
Guangzhou Yawen Technology Co., Ltd., of Tianhe District, Guangzhou, China;
Yiwu Yiju E-commerce Firm of Yiwu City, Zhejiang Province, China;
Jinhua Ruizhi Electronic Commerce Co., Ltd., of Jinhua City, Zhejiang Province, China;
Womart (Tianjin) International Trade Co., Ltd., of Tianjin, China;
Shenzhen Yaxin General Machinery Co., Ltd., of Shenzhen, China;
Dunhuang Group a.k.a. DHgate of Beijing, China;
Eddie Bauer, LLC, of Bellevue, WA;
PSEB Holdings, LLC, of Wilmington, DE; and
HydroFlaskPup of Phoenix, AZ.

By instituting this investigation (337-TA-1216), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. Read More→

https://www.usitc.gov/press_room/news_release/2020/er0831ll1639.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING POLYETHYLENE TEREPHTHALATE (PET) FILM, SHEET, AND STRIP FROM INDIA AND TAIWAN

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of polyethylene terephthalate (PET) film, sheet, and strip from India and Taiwan 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 and Taiwan will remain in place. 

Vice Chair Randolph J. Stayin and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.  Chair Jason E. Kearns did not participate in this vote.

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 Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India and Taiwan (Inv. Nos. 701-TA-415 and 731-TA-933-934 (Third Review), USITC Publication 5117, September 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by October 8, 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. Read More→

The five-year (sunset) reviews concerning Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India and Taiwan were instituted on July 1, 2019.

https://www.usitc.gov/press_room/news_release/2020/er0827ll1638.htm

President Trump Continues to Protect America’s Steel-Dependent National Security

Washington, DC – Since the beginning of his Administration, President Donald J. Trump has fought to protect American workers and the American steel industry. Today, the United States announces additional measures to address steel imports with two key trading partners – Mexico and Brazil.  Under President Trump’s leadership, the United States continues to engage cooperatively with trading partners while acting responsibly to protect industries vital to our national security.

USTR Statements on Successful Conclusion of Steel Negotiations

Mexico and the United States have successfully concluded consultations held pursuant to the mechanism established in their Joint Statement of May 17, 2019 to address recent surges in imports from Mexico of three steel products: standard pipe, mechanical tubing, and semi-finished products.  Mexico will establish a strict export monitoring regime for these products through June 1, 2021 and closely monitor shipments during this period.  The United States will maintain the Section 232 duty exemption for imports of these products and will consult with Mexico in December of 2020 to discuss the state of trade in the relevant products in light of market conditions at that time.   
 
The United States Trade Representative, Ambassador Robert Lighthizer, praised the Mexican government and his counterpart, Secretary of Economy Graciela Márquez Colín, for their cooperation and constructive engagement:  “While the COVID-19 pandemic has challenged both of our countries in unprecedented ways, it has also underscored the importance of the strong economic partnership between the United States and Mexico and the need for close coordination to address common challenges.  Our successful consultations on steel prove it is possible for us to work together to find creative solutions that serve the interests of workers and businesses in both countries.  I thank my friend Secretary Márquez and her staff for their engagement and hard work over the last few weeks as we worked through this issue.”

***

Brazil and the United States have held successful talks regarding the steel trade between the two countries.  In May of 2018, President Trump granted an exemption for Brazilian steel products from tariffs he imposed under Section 232, which allowed for duty-free importation of set quotas of various Brazilian steel products. The exemption was maintained in 2019 as the result of a constructive dialogue between Presidents Bolsonaro and Trump.  In light of recent deterioration in market conditions brought on by the COVID-19 pandemic affecting domestic steel producers, the United States has deemed it necessary to reduce the remaining quota for Brazilian semi-finished steel products for the remainder of 2020 to 60,000 metric tons, down from 350,000, but will maintain existing quotas for other steel products.  The United States will hold consultations with Brazil about the semi-finished steel quota for 2021 in December, by which time we hope market conditions will have improved. 
The United States Trade Representative, Ambassador Robert Lighthizer, thanked the Brazilian government for the constructive dialogue in this matter:  “Despite the challenges both of our countries face from COVID-19, discussions between the United States and Brazil on strengthening our trade relationship for the future are proceeding nicely.  I thank Minister Ernesto Araújo for his willingness to discuss the state of the steel trade between our countries over the past few weeks.  Our successful talks on this matter prove the value of candid, good faith engagement between trade partners.”


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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/august/president-trump-continues-protect-americas-steel-dependent-national-security

Joint Statement of the United States and the European Union on a Tariff Agreement

United States Trade Representative Robert Lighthizer and European Union Trade Commissioner Phil Hogan today announced agreement on a package of tariff reductions that will increase market access for hundreds of millions of dollars in U.S. and EU exports.  These tariff reductions are the first U.S.-EU negotiated reductions in duties in more than two decades.

Under the agreement, the EU will eliminate tariffs on imports of U.S. live and frozen lobster products.  U.S. exports of these products to the EU were over $111 million in 2017.  The EU will eliminate these tariffs on a Most Favored Nation (MFN) basis, retroactive to begin August 1, 2020.  The EU tariffs will be eliminated for a period of five years and the European Commission will promptly initiate procedures aimed at making the tariff changes permanent.  The United States will reduce by 50% its tariff rates on certain products exported by the EU worth an average annual trade value of $160 million, including certain prepared meals, certain crystal glassware, surface preparations, propellant powders, cigarette lighters and lighter parts.  The U.S. tariff reductions will also be made on an MFN basis and retroactive to begin August 1, 2020.

“As part of improving EU-US relations, this mutually beneficial agreement will bring positive results to the economies of both the United States and the European Union.  We intend for this package of tariff reductions to mark just the beginning of a process that will lead to additional agreements that create more free, fair, and reciprocal transatlantic trade,” said Ambassador Lighthizer and Commissioner Hogan.  

Timeline on Negotiations:

In 2019, at the direction of President Donald J. Trump, the United States completed formal procedures necessary to launch negotiations on a trade agreement, as did the European Commission. 

In September 2018, as required by the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, Ambassador Lighthizer consulted with members of Congress on the Trump Administration’s interest in launching trade negotiations with the EU.  On October 16, 2018, the Office of the United States Trade Representative officially notified Congress that President Trump intended to launch trade negotiations with the EU.  On January 11, 2019, following consultations with Congress and public comment period from U.S. stakeholders, the Trump Administration issued formal U.S. negotiating objectives for the EU.

The agreement being announced today arose out of continuing engagement with the EU on these issues.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/august/joint-statement-united-states-and-european-union-tariff-agreement

Coronavirus (COVID-19) Update: FDA Announces Advisory Committee Meeting to Discuss COVID-19 Vaccines

The U.S. Food and Drug Administration announced that a public meeting of the Vaccines and Related Biological Products Advisory Committee will be held on Oct. 22, 2020, to discuss the general matter of the development, authorization, and/or licensure of vaccines indicated to prevent COVID-19.

“The FDA has scheduled a meeting of its Vaccines and Related Biological Products Advisory Committee to address the general development of COVID-19 vaccines on October 22nd. The agency is also prepared to rapidly schedule additional meetings of this committee upon submission of any applications as appropriate,” said FDA Commissioner Stephen M. Hahn, M.D. “I want to assure the American people that the process and review for vaccine development will be as open and transparent as possible. A discussion with this committee, made up of outside scientific and public health experts from around the country, will help ensure clear public understanding regarding clinical development of these vaccines indicated to prevent COVID-19 and the data needed to facilitate their authorization or licensure. It is critical for people to see FDA’s expectations for data to support safety and effectiveness.”

The meeting will be held on Oct. 22, 2020, from 10:00 a.m. ET to 5:00 p.m. ET via webcast. The FDA intends to make background material available to the public, including the meeting agenda and Committee roster, no later than two business days before the meeting. In general, advisory committees include a Chair, several members, plus a consumer, industry and sometimes a patient representative. Additional experts with special knowledge may be added for individual meetings as needed. Although the committees provide advice to the agency, final decisions are made by the FDA.

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-fda-announces-advisory-committee-meeting-discuss-covid-19-vaccines

USDA to Launch Updated Animal Welfare Act Compliance Database and Public Search Too

Washington, D.C., August 24, 2020 -- The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is announcing the upcoming launch of an updated Public Search Tool that provides access to Animal Welfare Act (AWA) compliance records. The Public Search Tool offers a list of active licensees and registrants as well as a searchable database of inspection reports and annual reports.

The new tool will launch September 21, 2020. This update to the Public Search Tool is a necessary step as we upgrade to a new operating system and strengthen our technology to better prepare for cybersecurity threats.

APHIS will continue to provide stakeholders with on-demand access to accurate, searchable data regarding individuals and facilities regulated under the Animal Welfare Act (AWA), and the updated Public Search Tool will also offer a few new features including a modern search interface and an Excel file listing the active licensees and registrants. Additionally, the public will now have the ability to download PDFs and see a count of “teachable moments”, which are minor problems that are identified during inspections, but that may be corrected quickly without a formal noncompliance being cited on an inspection report.

Please note that between August 28 and September 21, the current version of the Public Search Tool may continue to be used. However, the tool will not be updated with any new data during this transition period. All data from the current system, as well as that generated during the transition period, will be available in the new tool on September 21.

APHIS is committed to enforcing the Animal Welfare Act to ensure the welfare of regulated animals, and continues to carry out the critical day-to-day work of ensuring the humane treatment of vulnerable animals through pre-compliance visits, unannounced inspections, and other activities.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2020/sa-08/updated-awa-database

USITC TO INVESTIGATE INDUSTRY AND SUPPLY CHAIN CONDITIONS AFFECTING COVID-19 INDUSTRY SECTORS AND PRODUCTS

The U.S. International Trade Commission (USITC) is seeking input for a new investigation on COVID-19 related industry sectors and particular products. The investigation, COVID-19 Related Goods: The U.S. Industry, Market, Trade, and Supply Chain Challenges, 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 August 13, 2020.

As requested, the USITC, an independent nonpartisan factfinding federal agency, will provide the following:

  • a brief overview of key U.S. industry sectors producing COVID-related goods, including, but not limited to, medical devices; personal protective equipment; and medicines (pharmaceuticals). The overviews will include, to the extent practicable, information on U.S. production, employment, and trade.

  • case studies on key products within each relevant industry sector, including N95 respirators, ventilators, vaccines, and COVID-19 test kits. The case studies will focus on products for which there were reported shortages in the first half of 2020, including those affected by supply chain fragility, blockages, or barriers, and will include information on:

  • the U.S. industry, market, and trade, including, to the extent available:

    • the product, including key components and the production process;

    • the size and characteristics of the U.S. market;

    • the U.S. manufacturing industry, including key producers of finished goods and intermediate inputs, the extent of U.S. production, and employment; and

    • U.S. imports of finished goods and inputs, including leading source countries and supplying firms; and

  • supply chain challenges and constraints, including, but not limited to:

    • factors affecting domestic production, including, to the extent practicable, regulatory requirements that may impact entry into the market; and

    • foreign trade barriers and restrictions and other factors that may affect U.S. imports of finished goods or inputs needed for domestic production.

The USITC expects to deliver its report to the Committees by December 15, 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 September 23, 2020. See below for important information regarding the format and location of the hearing.

Requests to appear at the hearing should be filed no later than 5:15 p.m. on September 11, 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. Read More→

https://www.usitc.gov/press_room/news_release/2020/er0821ll1634.htm

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

AGENCY:

Office of the United States Trade Representative.

ACTION:

Notice.

SUMMARY:

Effective August 23, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $16 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's determination included a decision to establish a product exclusion process. The U.S. Trade Representative initiated the exclusion process in September 2018, and stakeholders have submitted requests for the exclusion of specific products. In July, September, and October 2019, and February and July 2020, the U.S. Trade Representative granted exclusion requests. This notice announces the U.S. Trade Representative's determination to make an amendment to a previously granted exclusion.

DATES:

The amendment is retroactive to the date the original exclusion was published and does not extend the period for the original exclusion. 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 Associate General Counsel Philip Butler 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/2020/08/13/2020-17654/notice-of-product-exclusion-amendment-chinas-acts-policies-and-practices-related-to-technology

U.S. DEPARTMENT OF COMMERCE PRELIMINARILY FINDS DUMPING OF VERTICAL SHAFT ENGINES FROM CHINA

WASHINGTON – Today, the U.S. Department of Commerce announced its affirmative preliminary determination in the antidumping duty (AD) investigation of imports of vertical shaft engines between 225cc and 999cc and parts thereof (vertical shaft engines) from China.

Commerce preliminarily determined that the dumping rates range from 219.07 to 543.18 percent.

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of vertical shaft engines from China based on the preliminary rates noted above.  

In 2019, imports of vertical shaft engines from China were valued at an estimated $45.1 million. 

The petitioner is the Coalition of American Vertical Engine Producers, whose members are Kohler Co. (Kohler, Wisc.) and Briggs & Stratton Corporation (Wauwatosa, Wisc.).

Commerce is scheduled to announce its final determination in this investigation on or about January 4, 2021.

If Commerce’s final determination is affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about February 18, 2021. If Commerce makes an affirmative final determination of dumping and the ITC makes an affirmative final injury determination, Commerce will impose an AD order. 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 order will be imposed. 

Read the fact sheet on today’s decision.

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 281 new AD and countervailing duty investigations – this is a 260 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 531 antidumping and countervailing duty 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 factual evidence. Read More→

https://www.trade.gov/press-release/us-department-commerce-preliminarily-finds-dumping-vertical-shaft-engines-china