USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING ALUMINUM FOIL FROM ARMENIA, BRAZIL, OMAN, RUSSIA, AND TURKEY

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the governments of Oman and Turkey.

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 aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey, with its preliminary countervailing duty determinations due on or about December 23, 2020, and its preliminary antidumping duty determination due on or about March 8, 2021.

The Commission’s public report Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey (Inv. Nos. 701-TA-658-659 and 731-TA-1538-1542 (Preliminary), USITC Publication 5138, November 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after December 11, 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/er1112ll1674.htm

FORGED STEEL FITTINGS FROM INDIA AND KOREA 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 forged steel fittings from India and Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of India.

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

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of these products from India and Korea and a countervailing duty order on imports of these products from India.

The Commission’s public report Forged Steel Fittings from India and Korea (Inv. Nos. 701-TA-631 and 731-TA-1463-1434 (Final), USITC Publication 5137, November 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by December 15, 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/er1110ll1673.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING OIL COUNTRY TUBULAR GOODS FROM CHINA

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

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.

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 China (Inv. Nos. 701-TA-463 and 731-TA-1159 (Second Review), USITC Publication 5136, November 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by December 11, 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/er1106ll1669.htm

United States Responds to European Union Tariff Announcement

11/09/2020

Washington, D.C. – United States Trade Representative Robert E. Lighthizer responded to the announcement by the European Union today imposing tariffs on certain products from the United States.  

“The United States is disappointed by the action taken by the EU today,” Ambassador Lighthizer stated.  “The alleged subsidy to Boeing was repealed seven months ago.  The EU has long proclaimed its commitment to following WTO rules, but today’s announcement shows they do so only when convenient to them.”   

Background

As part of a 16-year-old litigation involving large civil aircraft, the EU alleged that a certain Washington State tax provision benefited Boeing.  In response to a WTO panel decision, Washington State unambiguously repealed this tax provision on April 1, 2020.  Under such circumstances, a WTO member cannot unilaterally impose retaliatory tariffs on a trading partner.  

The USTR is in negotiations with the EU with the hope of resolving this longstanding dispute relating to large civil aircraft.

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 https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/november/united-states-responds-european-union-tariff-announcement

USTR Statement on Successful Conclusion of Steel Negotiations with Mexico

11/05/2020

Washington, DC – Mexico and the United States have successfully concluded consultations held pursuant to their Joint Statement of May 17, 2019 to address the transshipment of grain-oriented electrical steel (GOES) from outside the North American region into the United States through GOES-containing downstream products.  Pursuant to the Joint Statement, Mexico will establish a strict monitoring regime for exports of electrical transformer laminations and cores made of non-North American GOES.  From the fourth quarter of 2020 onward, Mexico will closely monitor shipments of these products to the United States.  In light of these measures, imports from Mexico will not be subject to any action to adjust imports of electrical transformers and related parts that may be adopted by the United States under Section 232 of the Trade Expansion Act of 1962, as amended.  The United Stated and Mexico will consult at regular intervals on the implementation of these agreed measures and on the state of bilateral trade and market conditions relating to these products.  
 
The United States Trade Representative, Ambassador Robert Lighthizer, praised his counterpart, Secretary of Economy Graciela Márquez Colín, for Mexico’s continued cooperation and constructive engagement on issues covered by the May 2019 Joint Statement: “The resilience of North America’s energy infrastructure is significantly enhanced by having electrical steel production capability within our region.  An influx of low-price steel from third countries imperils this capability.  I thank Secretary Márquez and her staff for their continued engagement and close coordination as we worked to find cooperative solutions to a common regional challenge.”

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/november/ustr-statement-successful-conclusion-steel-negotiations-mexico

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY ANTIDUMPING DUTY DETERMINATIONS FOR MATTRESSES FROM SEVEN COUNTRIES

For Immediate Release 
October 28, 2020
Contact: Office of Public Affairs
Phone: 202-482-3809

WASHINGTON – Today, the U.S. Department of Commerce announced affirmative preliminary determinations in the antidumping duty (AD) investigations of mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam.

Commerce preliminarily determined that exporters from the countries listed below have dumped mattresses in the United States at the following margins:

  • 252.74 percent for Cambodia;

  • 2.61 percent for Indonesia;

  • 42.92 percent for Malaysia;

  • 13.65 percent for Serbia;

  • 572.56 - 763.28 percent for Thailand;

  • 20.03 percent for Turkey; and

  • 190.79 – 989.90 percent for Vietnam.

As a result of today’s decisions, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of mattresses from these seven countries based on the preliminary rates noted above. 

The petitioners are Corsicana Mattress Company (Dallas, Texas), Elite Comfort Solutions (Newman, Ga.), Future Foam, Inc. (Council Bluffs, Ind.), FXI, Inc (Media, Pa.), Innocor, Inc. (Red Bank, N.J.), Kolcraft Enterprises, Inc. (Chicago, Ill.), Leggett & Platt, Incorporated (Carthage, Miss.), and International Brotherhood of Teamsters (Washington, D.C.), and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (Washington, D.C.). 

Commerce is scheduled to announce its final determinations in these cases on or about March 15, 2021.

If Commerce’s final determinations are affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determinations on or about April 26, 2021. If Commerce makes affirmative final determinations of dumping and the ITC makes affirmative final injury determinations, Commerce will issue AD orders. If Commerce makes negative final determinations of dumping or the ITC makes negative final determinations of injury, the investigations will be terminated and no orders will be issued. 

In 2019, U.S. imports of mattresses were valued at: 

•    $33.1 million for Cambodia;
•    $102.6 million for Indonesia;
•    $38.6 million for Malaysia;
•    $24.1 million for Serbia;
•    $18.7 million for Thailand;
•    $19.4 million for Turkey; and
•    $166.6 million for Vietnam.

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 297 new AD and countervailing duty (CVD) investigations – a 271 percent increase from the comparable period in the previous administration.

The AD 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 540 AD and CVD orders – an all-time high – providing 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. 

Read the fact sheet on today’s decisions.

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https://www.trade.gov/press-release/us-department-commerce-issues-affirmative-preliminary-antidumping-duty-8

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY COUNTERVAILING DUTY DETERMINATION FOR WALK-BEHIND LAWN MOWERS FROM CHINA

For Immediate Release 
October 26, 2020
Contact: Office of Public Affairs
Phone: 202-482-3809

WASHINGTON - Today, the U.S. Department of Commerce announced an affirmative preliminary determination in the countervailing duty (CVD) investigation of walk-behind lawn mowers and parts thereof (walk-behind lawn mowers) from China.

Commerce preliminarily determined that exporters/producers from China received countervailable subsidies with rates ranging from 14.68 percent to 22.74 percent.

As a result of today’s decisions, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of walk-behind lawn mowers from China based on these preliminary rates noted above. 

The petitioner is MTD Products, Inc. (Valley City, Ohio). 

Commerce is scheduled to announce its final determination in this case on or about March 9, 2021. This deadline may be extended.

If Commerce makes an affirmative final determination, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about April 22, 2021. If Commerce makes an affirmative final determination in this investigation and the ITC makes an affirmative final injury determination, Commerce will issue a CVD 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 issued.

In 2019, imports of walk-behind lawn mowers from China were valued at approximately $24.5 million. 

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 293 new antidumping (AD) and CVD investigations – a 266 percent increase from the comparable period in the previous administration.

The CVD law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair subsidization of imports into the United States. Commerce currently maintains 540 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

Foreign companies that receive financial assistance from foreign governments that benefits those companies’ production of goods and is limited to specific enterprises or industries, or is contingent either upon export performance or upon the use of domestic goods over imported goods, are subject to countervailing duties. 

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 is consistent with 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-issues-affirmative-preliminary-countervailing-duty

FDA- Importing Covid-19 Supplies held up at port of entry?

For assistance, contact the FDA office covering your port of entry.

Visit the FDA Import Offices and Ports of Entry page for contact information and instructions. It includes an interactive map that importers can use to find the right office for their shipment and based on where the product is entering the United States.

To speed assistance to importers during the COVID-19 pandemic with an urgent need of COVID-19 supplies, please have the necessary information available, such as the:

  • entry number (which you can get from your entry filer),

  • port of entry, and

  • other shipment details.

The FDA receives many different types of entries (consumption, informal, warehouse, import for export, etc.). Most questions revolve around the difference between commercial and personal shipments. 

https://www.fda.gov/industry/import-program-food-and-drug-administration-fda/importing-covid-19-supplies

USDA Announces OneUSDA Internship Program for Summer 2021

(Washington, D.C., November 9, 2020) – Get the first leg up on your career ladder with a summer 2021 internship at the U.S. Department of Agriculture (USDA). As part of the federal Pathways Program, USDA offers paid federal internships at USDA agencies and offices around the country. USDA is hiring interns from high school to graduate level for a broad range of occupational fields, from veterinary science, to engineering, to natural resources management, and finance.

This developmental program gives students experience to enhance their educational goals and shape their career choices. USDA internships involve on-the-job experience, mentorship, and training tailored to the student’s education, experience, and interests.

The program is available to students who are currently enrolled in qualifying educational programs or institutions from high school to graduate level.

In 2020, USDA hosted thousands of in-person and virtual internships around the country, many of which were through the federal Pathways Program. Next summer, USDA will hire Pathways interns in hundreds of locations in nearly every state in the country for the following occupational fields:

Administration and Office Support
Biological Science
Business and Industry
Engineering and Architecture
Financial Management
Information Technology
Veterinary Science

It’s easy to apply for a OneUSDA Pathways internship. Visit www.usda.gov/internships, choose your area of interest and the link will send you to a USAJobs posting where you can apply and choose your preferred location.

The deadline for summer 2021 internship applications is Monday, November 16. Application review will begin immediately. For more information on the program and eligibility, visit www.usda.gov/internships or email internship@usda.gov.

Educators, youth-serving organizations, and students can find more USDA resources to foster the next generation of agricultural professionals at www.usda.gov/youth.

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https://www.usda.gov/media/press-releases/2020/11/09/usda-announces-oneusda-internship-program-summer-2021

USTR Announces Enforcement Action to Block Illegal Timber Imports from Peru

Washington, D.C. – Today, United States Trade Representative Robert Lighthizer directed United States Customs and Border Protection (CBP) to continue to block future timber imports from Inversiones La Oroza SRL (Oroza), a Peruvian exporter, based on illegally harvested timber found in its supply chain.  The current CBP denial of entry order against Oroza was set to expire this month.  This marks the third time that the Trump Administration has taken such an enforcement action under the United States-Peru Trade Promotion Agreement’s (PTPA) Annex on Forest Sector Governance (Forest Annex), further demonstrating its commitment to keeping illegal timber out of the United States and enforcing our trade agreements.  

“President Trump takes seriously and is prioritizing enforcement of our trade agreements,” said Ambassador Lighthizer.  “We remain committed to trade and investment that accelerates economic growth and simultaneously protects the environment.  We will continue to monitor Peru’s compliance with its obligations under our trade agreement to ensure that illegally-harvest timber cannot be exported to the United States.”

Background

The PTPA contains an enforceable Environment Chapter and Forest Annex, which includes a requirement for Peru to conduct audits of particular timber producers and exporters, and upon request from the United States, perform verifications of particular shipments of wood products.  The Interagency Committee on Trade in Timber Products from Peru (Timber Committee) monitors Peru’s compliance with the PTPA’s requirements.  In 2016, the Timber Committee requested that Peru verify that a specific timber shipment from Oroza complied with all applicable Peruvian laws and regulations.  The verification process conducted by Peru revealed that significant portions of the Oroza shipment were not compliant with the applicable laws and regulations governing the harvest of and trade in timber products. 

As a result of the verification process, in October 2017, the Trump Administration took unprecedented action to deny entry of timber products and exports by Oroza.  To date, however, the Government of Peru has not demonstrated to the satisfaction of the Timber Committee that Oroza is compliant with the necessary requirements for the harvest of and trade in timber products.

As this action demonstrates, while the Forest Annex has catalyzed meaningful reforms in Peru’s forestry sector, significant work remains for Peru to address its ongoing challenges to combat illegal logging.  The United States and Peru continue to engage in a cooperative and meaningful way to combat illegal logging and work toward improving forest sector governance.  USTR and the Timber Committee will continue to monitor Peru’s implementation of the commitments in the Environment Chapter.  

For additional information on the PTPA Forest Annex, please click here.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/october/ustr-announces-enforcement-action-block-illegal-timber-imports-peru

USTR and USDA Release Report on Agricultural Trade between the United States and China

Washington, DC – The Office of the U.S. Trade Representative (USTR) and the U.S. Department of Agriculture (USDA) today issued a report highlighting the progress made to date in implementing the agricultural provisions in the U.S.-China Phase One Economic and Trade Agreement, which is delivering historic results for American agriculture.

Since the Agreement entered into force, the United States and China have addressed a multitude of structural barriers in China that had been impeding exports of U.S. food and agricultural products. To date, China has implemented at least 50 of the 57 technical commitments under the Phase One Agreement. These structural changes will benefit American farmers for decades to come. China also has substantially ramped up its purchases of U.S. agricultural products. To date, China has purchased over $23 billion in agricultural products, approximately 71% of its target under the Phase One Agreement. Highlights outlined in the report include:

  • Corn: Outstanding sales of U.S. corn to China are at an all-time high of 8.7 million tons.

  • Soybeans: U.S. soybeans sales for marketing year 2021 are off to the strongest start in history, with outstanding sales to China double 2017 levels.

  • Sorghum: U.S. exports of sorghum to China from January to August 2020 totaled $617 million, up from $561 million for the same period in 2017.

  • Pork: U.S. pork exports to China hit an all-time record in just the first five months of 2020.

  • Beef: U.S. beef and beef products exports to China through August 2020 are already more than triple the total for 2017.

In addition to these products, USDA expects 2020 sales to China to hit record or near-record levels for numerous other U.S. agricultural products including pet food, alfalfa hay, pecans, peanuts, and prepared foods.

"This China Phase One Agreement is proof President Trump’s negotiating strategy is working. While it took China a long time to realize President Trump was serious, this deal is a huge success for the entire economy. This agreement finally levels the playing field for U.S. agriculture and is a bonanza for America’s farmers, ranchers, and producers," said U.S. Secretary of Agriculture Sonny Perdue. "Being able to participate in this market in a more fair and equitable way has generated more sales that are supporting higher prices and strengthening the rural economy."

"President Trump delivered on his promise to confront China’s unfair trade practices and expand market opportunities for U.S. agriculture through the Phase One Agreement. Since the Agreement entered into force eight months ago, we have seen remarkable improvements in our agricultural trade relationship with China, which will benefit our farmers and ranchers for years to come," said U.S. Trade Representative Robert Lighthizer.

USTR and USDA continue to work closely with the Chinese government to ensure that the Phase One Agreement is fully and properly implemented, so that access for U.S. food and agricultural products into the Chinese market can continue to expand moving forward.

The report is available here.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/october/ustr-and-usda-release-report-agricultural-trade-between-united-states-and-china

USTR Announces GSP Enforcement Action, Country Successes, and New Eligibility Reviews

Washington, DC – The Office of the United States Trade Representative (USTR) announced today that President Trump is suspending $817 million in trade preferences for Thailand under the Generalized System of Preferences (GSP) program based on its lack of sufficient progress providing the United States with equitable and reasonable market access for pork products.  

USTR also announced the closure of GSP eligibility reviews with no loss of benefits for three countries: Georgia, based on improvements in the protection of worker rights; Uzbekistan, also based on improvements in the protection of worker rights; and Indonesia, based on improvements aimed at providing the United States with equitable and reasonable market access.  USTR also announced the closure of the GSP designation review of Laos with no change in status and the opening of two new GSP eligibility reviews of Eritrea and Zimbabwe, based on worker rights concerns.  

“Today’s announcement demonstrates the effective use of the GSP program to improve labor standards and help U.S. businesses and workers succeed,” said U.S. Trade Representative Robert E. Lighthizer.  “It also demonstrates the Trump Administration’s commitment to robust monitoring and enforcement of our trade preference programs and underscores that when countries do not meet the congressionally mandated eligibility criteria, we will take action by limiting their preferential duty-free access to the U.S. market.” 

USTR also announced the results of the GSP annual product review, including addition of fresh-cut roses to, and removal of parboiled rice from, the list of goods eligible for GSP trade benefits.  

Background 

GSP, the largest and oldest U.S. trade preference program, is designed to promote economic development by allowing duty-free entry into the United States for 3,500 products from the 119 designated beneficiary countries and territories.  To remain eligible for these advantages, beneficiary countries must comply with 15 statutory eligibility criteria, including taking steps to afford internationally recognized worker rights, providing adequate and effective protection of intellectual property rights, and assuring equitable and reasonable access to its markets. 

Today’s announcement represents the culmination of three separate processes under the GSP program: determinations on ongoing GSP eligibility reviews of beneficiary countries, based on stakeholder petitions or self-initiation of reviews by USTR; triennial assessments of all beneficiary developing countries in the Middle East, North Africa, and sub-Saharan Africa to determine whether to launch new GSP eligibility reviews; and the annual GSP product review, which provides stakeholders the opportunity to request the addition of products to, and/or removal of products from, the list of goods eligible for duty-free treatment under GSP. Read More→

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/october/ustr-announces-gsp-enforcement-action-country-successes-and-new-eligibility-reviews

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN AUTOMATED STORAGE AND RETRIEVAL SYSTEMS, ROBOTS, AND COMPONENTS THEREO

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain automated storage and retrieval systems, robots, 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 AutoStore Technology AS and AutoStore AS, both of Nedre Vats, Norway, and AutoStore System Inc. of Derry, NH, on October 1, 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 automated storage and retrieval systems, robots, and components thereof 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:

Ocado Group Plc of Hatfield, Hertfordshire, United Kingdom;
Ocado Central Services Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Innovation Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Operating Ltd. of Hatfield, Hertfordshire, United Kingdom;
Ocado Solutions, Ltd., of Hatfield, Hertfordshire, United Kingdom;
Ocado Solutions USA Inc. of Tysons Corner, VA;
Tharsus Group Ltd. of Blyth, Northumberland, United Kingdom; and
Printed Motor Works Ltd. of Alton, Hampshire, United Kingdom.

By instituting this investigation (337-TA-1228), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

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

# # #

https://www.usitc.gov/press_room/news_release/2020/er1102ll1667.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING FROZEN FISH FILLETS FROM VIETNAM

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

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.

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 Frozen Fish Fillets from Vietnam (Inv. No. 731-TA-1012 (Third Review), USITC Publication 5135, November 2020) will contain the views of the Commission and information developed during the review.

The report will be available by December 10, 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/er1029ll1666.htm

USTR and USDA Release Report on Agricultural Trade between the United States and China

Washington, DC – The Office of the U.S. Trade Representative (USTR) and the U.S. Department of Agriculture (USDA) today issued a report highlighting the progress made to date in implementing the agricultural provisions in the U.S.-China Phase One Economic and Trade Agreement, which is delivering historic results for American agriculture.

Since the Agreement entered into force, the United States and China have addressed a multitude of structural barriers in China that had been impeding exports of U.S. food and agricultural products. To date, China has implemented at least 50 of the 57 technical commitments under the Phase One Agreement. These structural changes will benefit American farmers for decades to come. China also has substantially ramped up its purchases of U.S. agricultural products. To date, China has purchased over $23 billion in agricultural products, approximately 71% of its target under the Phase One Agreement. Highlights outlined in the report include:

 

  • Corn: Outstanding sales of U.S. corn to China are at an all-time high of 8.7 million tons.

  • Soybeans: U.S. soybeans sales for marketing year 2021 are off to the strongest start in history, with outstanding sales to China double 2017 levels.

  • Sorghum: U.S. exports of sorghum to China from January to August 2020 totaled $617 million, up from $561 million for the same period in 2017.

  • Pork: U.S. pork exports to China hit an all-time record in just the first five months of 2020.

  • Beef: U.S. beef and beef products exports to China through August 2020 are already more than triple the total for 2017.

 

In addition to these products, USDA expects 2020 sales to China to hit record or near-record levels for numerous other U.S. agricultural products including pet food, alfalfa hay, pecans, peanuts, and prepared foods.

"This China Phase One Agreement is proof President Trump’s negotiating strategy is working. While it took China a long time to realize President Trump was serious, this deal is a huge success for the entire economy. This agreement finally levels the playing field for U.S. agriculture and is a bonanza for America’s farmers, ranchers, and producers," said U.S. Secretary of Agriculture Sonny Perdue. "Being able to participate in this market in a more fair and equitable way has generated more sales that are supporting higher prices and strengthening the rural economy."

"President Trump delivered on his promise to confront China’s unfair trade practices and expand market opportunities for U.S. agriculture through the Phase One Agreement. Since the Agreement entered into force eight months ago, we have seen remarkable improvements in our agricultural trade relationship with China, which will benefit our farmers and ranchers for years to come," said U.S. Trade Representative Robert Lighthizer.

USTR and USDA continue to work closely with the Chinese government to ensure that the Phase One Agreement is fully and properly implemented, so that access for U.S. food and agricultural products into the Chinese market can continue to expand moving forward.

The report is available here.

United States and Brazil Update Agreement on Trade and Economic Cooperation with New Protocol on Trade Rules and Transparency

Washington, D.C. – Today, the United States and Brazil signed a new Protocol relating to Trade Rules and Transparency.  This Protocol updates the 2011 Agreement on Trade and Economic Cooperation (ATEC) with three new annexes comprising state-of-the-art provisions on Customs Administration and Trade Facilitation, Good Regulatory Practices, and Anticorruption.

“From their first meetings, President Trump and President Bolsonaro have shared a vision for a prosperity partnership between the United States and Brazil and a desire for new trade initiatives.  Today’s Protocol uses the existing ATEC to establish common standards for the two countries on efficient customs procedures, transparent regulatory development, and robust anti-corruption policies that will create a strong foundation for closer economic ties between our two countries,” stated Ambassador Robert Lighthizer.

The ATEC allows engagement on a wide range of issues related to trade and investment.  As the United States and Brazil implement today’s Protocol, they will also continue to explore ways to increase trade in goods and services and encourage further investment.

Background

U.S. goods and services trade with Brazil totaled an estimated $105.1 billion in 2019. Exports were $67.4 billion; imports were $37.6 billion. The U.S. goods and services trade surplus with Brazil was $29.8 billion in 2019.

Brazil is currently our 14th largest goods trading partner with $73.7 billion in total (two way) goods trade during 2019. Goods exports totaled $42.9 billion; goods imports totaled $30.8 billion. The U.S. goods trade surplus with Brazil was $12.0 billion in 2019.

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The full text of the U.S.-Brazil ATEC Protocol on Trade Rules and Transparency can be found here.

An additional joint statement by the United States and Brazil can be found here.

A fact sheet on the Protocol can be found here.

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USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ARTIFICIAL EYELASH EXTENSION SYSTEMS, PRODUCTS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain artificial eyelash extension systems, products, 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 Lashify, Inc., of Glendale, CA, on September 10, 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 artificial eyelash extension systems, products, and components thereof that infringe patents asserted by the complainant.  The complainant requests 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:

KISS Nail Products, Inc., of Port Washington, NY;
Ulta Beauty, Inc., of Bolingbrook, IL;
Walmart, Inc., of Bentonville, AR;
CVS Health Corporation of Woonsocket, RI;
Qingdao Hollyren Cosmetics Co., Ltd. d/b/a Hollyren of Shandong Province, China;
Qingdao Xizi International Trading Co., Ltd. d/b/a Xizi Lashes of Shandong Province, China;
Qingdao LashBeauty Cosmetic Co., Ltd. d/b/a Worldbeauty of Qingdao, China;
Alicia Zeng d/b/a Lilac St; Artemis Family Beginnings, Inc., of San Francisco, CA; and
Rachael Gleason d/b/a Avant Guard Beauty Co. of Dallas TX.

By instituting this investigation (337-TA-1226), 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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USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ROUTERS, ACCESS POINTS, CONTROLLERS, NETWORK MANAGEMENT DEVICES, OTHER NETWORKING PRODUCTS, AND HARDWARE AND SOFTWARE COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain routers, access points, controllers, network management devices, other networking products, and hardware and software 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 Q3 Networking LLC of Frisco, TX, on September 22, 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 routers, access points, controllers, network management devices, other networking products, and hardware and software components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

CommScope Holding Company, Inc., of Hickory, NC;
CommScope, Inc., of Hickory, NC;
Arris US Holdings, Inc., of Suwanee, GA;
Ruckus Wireless, Inc., of Sunnyvale, CA;
Hewlett Packard Enterprise Co. of Palo Alto, CA;
Aruba Networks, Inc., of Santa Clara, CA; and
Netgear, Inc., of San Jose, CA.

By instituting this investigation (337-TA-1227), 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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USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SHINGLED SOLAR MODULES, COMPONENTS THEREOF, AND METHODS FOR MANUFACTURING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain shingled solar modules, components thereof, and methods for manufacturing the same.  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 The Solaria Corporation of Fremont, CA, on September 15, 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 shingled solar modules, components thereof, and methods for manufacturing the same that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

Canadian Solar Inc. of Guelph, Ontario, Canada; and
Canadian Solar (USA) Inc. of Walnut Creek, CA.

By instituting this investigation (337-TA-1223), 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/er1016ll1658.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING PRESTRESSED CONCRETE STEEL WIRE STRAND FROM BRAZIL, INDIA, JAPAN, KOREA, MEXICO, AND THAILAND

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of prestressed concrete steel wire strand from Brazil, India, Japan, Korea, Mexico, and Thailand 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 Brazil, India, Japan, Korea, Mexico, and Thailand will remain in place. 

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.

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 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and Thailand (Inv. Nos. 701-TA-432 and 731-TA-1024-1028 (Third Review) and AA1921-188 (Fifth Review), USITC Publication 5130, October 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by November 18, 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 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and Thailand were instituted on March 2, 2020.

On June 5, 2020, the Commission voted to conduct expedited reviews. Commissioners David S. Johanson, 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 responses were 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/er1016ll1659.htm