U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY ANTIDUMPING DUTY DETERMINATION FOR SEAMLESS CARBON AND ALLOY STEEL STANDARD, LINE, AND PRESSURE PIPE FROM THE CZECH REPUBLIC

WASHINGTON – Today, the U.S. Department of Commerce announced an affirmative preliminary determination in the antidumping duty (AD) investigation of seamless carbon and alloy standard, line, and pipe from the Czech Republic.

Commerce preliminarily determined that exporters from Czech Republic have dumped seamless carbon and alloy standard, line, and pipe in the United States at rates of 51.07 percent to 51.70 percent. 

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of seamless carbon and alloy standard, line, and pipe from the Czech Republic based on the preliminary rate noted above. 

The petitioner is Vallourec Star, LP (Houston, Texas).

Commerce is scheduled to announce its final determination in this case on or about March 2, 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 15, 2021. If Commerce makes an affirmative final determination in this investigation and the ITC makes an affirmative final injury determination, Commerce will issue 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 issued. 

In 2019, imports of seamless carbon and alloy steel standard, line, and pressure pipe from the Czech Republic were valued at an estimated $37.1 million.

Read the fact sheet on today’s decisions.

Commerce is conducting concurrent AD investigations of seamless carbon and alloy steel standard, line, and pressure pipe from Russia, South Korea, and Ukraine. The preliminary AD determinations for Russia, South Korea, and Ukraine are scheduled to be announced on February 4, 2021 (fully extended). Commerce is conducting concurrent countervailing duty (CVD) investigations of seamless carbon and alloy steel standard, line, and pressure pipe from Russia and South Korea. On December 8, 2020, Commerce announced the preliminary CVD determinations, finding subsidy rates of 6.37 percent for Russia and 2.14 percent for South Korea. Commerce is scheduled to announce its final CVD determinations for Russia and South Korea on April 19, 2021 (subject to extension).

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 306 new AD and CVD investigations – a 283 percent increase from the comparable period in the previous administration. Commerce currently maintains 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

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. 

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 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-antidumping-duty-12

USITC RELEASES REPORT CONCERNING THE U.S. INDUSTRY, MARKET, TRADE, AND SUPPLY CHAIN CHALLENGES FOR COVID-19 RELATED GOODS

The U.S. International Trade Commission (USITC) today released a report on U.S. industries producing COVID-19 related goods and the supply chain challenges and constraints that impacted the availability of such goods.

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, completed the investigation as a follow-on to an earlier report that identified goods related to treating and otherwise responding to the COVID-19 pandemic.  Released in May 2020 and updated in June 2020, that report identified the goods’ source countries, tariff classifications, and applicable duty rates. 

The new report, focused primarily on the availability of goods from the onset of the COVID-19 pandemic through September 2020, provides overviews of four key industry sectors (medical devices, personal protective equipment, pharmaceuticals, and soaps and cleaning compounds). In addition, the report includes case studies on ventilators, N95 respirators, surgical masks, surgical and isolation gowns, medical and surgical gloves, test kits, vaccines, and hand sanitizer.

Major Findings:

  • U.S. demand for all products covered in the case studies substantially increased in the first half of 2020, as compared to 2019, leading to significant shortages. Domestic industries were able to continue current operations but faced challenges in ramping up production to meet growing demand. Importers of COVID-19 related goods faced disruptions to normal levels of supply for some products and challenges associated with a rapid increase in global demand.

  • The United States produced all goods covered in the case studies before the pandemic, as well as many of the inputs. However, the extent of domestic production varied significantly. The U.S. industry supplied only a relatively small share of the domestic market for certain medical PPE, such as medical gloves and gowns, but supplied a large share of the domestic market for goods like ventilators, vaccines, N95 respirators, and hand sanitizer.

  • U.S. imports of most COVID-19 related goods covered in the case studies increased substantially beginning around April or May 2020, depending on the product. Imports of many products exceeded their normal levels by orders of magnitude. Medical and surgical gloves, however, remain among the most hard-to-find items, with glove imports up only 17 percent during January-September 2020.

  • Some of the initial supply chain challenges have eased, such as those for ventilators, but a number remain, including for many PPE items. Gloves, for example, are one of the most highly constrained COVID-19 related products, with shortages expected to continue beyond 2021.

  • The major factors affecting domestic production of COVID-19 related goods include the availability and costs of inputs, the time and cost of bringing additional production capacity online (including purchasing and installing new machinery), and the time needed to recruit and train new workers. For firms entering the market or bringing new products to the market, challenges also include the time associated with designing products and getting them certified, as well as issues related to a hesitancy among purchasers to use unknown suppliers. Finally, U.S. producers faced, and continue to face, a conundrum when deciding whether to invest in domestic production, as there is little certainty about long-term demand and the ability to recoup investments, and a concern that post-pandemic purchasers will revert to buying from the lowest-cost suppliers, which often manufacture overseas.

  • The most significant factor affecting imports was that global demand significantly exceeded available supply of many COVID-19 related goods, making it difficult for U.S. importers to procure sufficient quantities. Other major factors included substantially higher prices for imports, foreign export restrictions, logistics disruptions and cost increases, quality concerns (a significant increase in the number of counterfeit, illicit, and flawed products), and imported products differing from those used in the U.S. market.

COVID-19 Related Goods: The U.S. Industry, Market, Trade, and Supply Chain Challenges (Investigation No. 332-580, USITC Publication 5145, December 2020) is available on the USITC website at: https://www.usitc.gov/publications/332/pub5145.pdf.

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

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https://www.usitc.gov/press_room/news_release/2020/er1222ll1692.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN RADIO FREQUENCY ("RFID") PRODUCTS, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain radio frequency identification (“RFID”) products, components thereof, and products containing 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 Amtech Systems LLC of Albuquerque, NM, on November 13, 2020.  Supplements to the complaint were filed on November 16, 2020 and December 9, 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 radio frequency identification (“RFID”) products, components thereof, and products containing 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:

Kapsch TrafficCom AG of Vienna, Austria;
Kapsch TrafficCom B.V. of Breda Noord-Brabant, Netherlands;
Kapsch TrafficCom Canada, Inc. of Mississauga, Ontario, Canada;
Kapsch TrafficCom Holding Corp. of McLean, VA;
Kapsch TrafficCom Holding II US Corp. of McLean, VA;
Kapsch TrafficCom IVHS, Inc. of McLean, VA;
Kapsch TrafficCom USA, Inc. of McLean, VA;
Kapsch TrafficCom Inc. of McLean, VA; and
Kapsch TrafficCom Services USA, Inc. of McLean, VA.

By instituting this investigation (337-TA-1234), 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/er1221ll1689.htm

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING POLYESTER TEXTURED YARN FROM INDONESIA, MALAYSIA, THAILAND, AND VIETNAM

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam 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 polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam, with its preliminary antidumping duty determinations due on or about April 6, 2021.

The Commission’s public report Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam (Inv. Nos. 731-TA-1550-1553 (Preliminary), USITC Publication 5148, December 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after January 11, 2021; 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/er1211ll1688.htm

U.S. DEPARTMENT OF COMMERCE FINDS DUMPING OF 4TH TIER CIGARETTES FROM SOUTH KOREA

For Immediate Release 
December 7, 2020
Contact: Office of Public Affairs
Phone: 202-482-3809

WASHINGTON – Today, the U.S. Department of Commerce announced its affirmative final determination in the antidumping duty (AD) investigation of 4th tier cigarettes from South Korea. Commerce determined that exporters from South Korea have dumped 4th tier cigarettes in the United States at a rate of 5.48 percent. 

In 2019, imports of 4th tier cigarettes from South Korea were valued at an estimated $82 million. 

The petitioner is the Coalition Against Korean Cigarettes, whose members are Xcaliber International (Pryor, OK) and Cheyenne International (Grover, NC). 

The U.S. International Trade Commission (ITC) is currently scheduled to make its final injury determination on or about January 19, 2021. If the ITC makes an affirmative final injury determination, Commerce will issue an AD order. If the ITC makes a negative final determination of injury, the investigation will be terminated, and no order will be issued.

Read today’s 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 306 new AD and CVD investigations – a 283 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 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to AD 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 abides by international rules and is based on factual evidence provided on the record.

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https://www.trade.gov/press-release/us-department-commerce-finds-dumping-4th-tier-cigarettes-south-korea

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY ANTIDUMPING DUTY DETERMINATION FOR TWIST TIES FROM CHINA

For Immediate Release 
December 4, 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 antidumping duty (AD) investigation of twist ties from China.

Commerce preliminarily determined that exporters from China have dumped twist ties in the United States at a rate of 72.96 percent. 

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of twist ties from China based on the preliminary rate noted above. 

The petitioner is Bedford Industries, Inc. (Worthington, MN).

Commerce is scheduled to announce its final determination in this case on or about February 17, 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 April 2, 2021. If Commerce makes an affirmative final determination of dumping and the ITC makes an affirmative final injury determination, Commerce will issue 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 issued. 

The petitioner estimated the value of twist ties imported from China in 2019 at $4.15 million.

Read the fact sheet on today’s decisions.

Commerce is conducting a concurrent countervailing duty (CVD) investigation of twist ties from China. The final determination in the CVD investigation is scheduled to be announced simultaneously with the final determination in the AD investigation.
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 306 new AD and CVD investigations – a 283 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 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

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

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

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https://www.trade.gov/press-release/us-department-commerce-issues-affirmative-preliminary-antidumping-duty-10

U.S. DEPARTMENT OF COMMERCE ISSUES AFFIRMATIVE PRELIMINARY COUNTERVAILING DUTY DETERMINATION FOR SILICON METAL FROM KAZAKHSTAN

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

WASHINGTON - Today, the U.S. Department of Commerce (Commerce) announced an affirmative preliminary determination in the countervailing duty (CVD) investigation of silicon metal from Kazakhstan.

Commerce preliminarily determined that exporters/producers from Kazakhstan received countervailable subsidies at a rate of 120.00 percent.

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of standard silicon metal from Kazakhstan based on the preliminary rate noted above.

The petitions were filed by Globe Specialty Metals, Inc. (Beverly, OH) and Mississippi Silicon LLC (Burnsville, MS).

Commerce is scheduled to announce its final determination in this case on or about February 11, 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 March 29, 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 silicon metal from Kazakhstan were valued at approximately $14.9 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 306 new antidumping (AD) and CVD investigations – a 283 percent increase from the comparable period in the previous administration. Commerce currently maintains 539 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.

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.

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-0

U.S. Department of Commerce Issues Affirmative Preliminary Countervailing Duty Determination for Twist Ties From China

Trade enforcement

Today, U.S. Secretary of Commerce Wilbur Ross announced an affirmative preliminary determination in the countervailing duty (CVD) investigation of twist ties from China. The Commerce Department preliminarily determined that exporters/producers from China received countervailable subsidies at a rate of 122.5 percent. Among the subsidies preliminarily countervailed is China’s undervalued currency – making this the first time Commerce has ever countervailed the Renminbi. This is the second time that Commerce has countervailed a foreign currency with a unitary exchange rate.   

“Today’s preliminary determination reaffirms the Trump Administration’s commitment to free, fair, and reciprocal trade,” said Secretary Ross. “The Department of Commerce will continue to use the legal tools at our disposal to aggressively counter currency undervaluation and other unfair subsidies, further ensuring a level playing field for American businesses and workers.” 

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

The petitioner is Bedford Industries, Inc. (Worthington, MN).  

Commerce is scheduled to announce its final determination in this case on or about February 17, 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 2, 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 or the ITC makes a negative final determination of injury, the investigation will be terminated, and no order will be issued. 

The petitioner estimated the value of twist ties imported from China in 2019 at $4.15 million. Read More→

https://www.commerce.gov/news/press-releases/2020/11/us-department-commerce-issues-affirmative-preliminary-countervailing-0

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CITRIC ACID AND CERTAIN CITRATE SALTS FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of citric acid and certain citrate salts 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 these products 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 Citric Acid and Certain Citrate Salts from China (Inv. Nos. 701-TA-456 and 731-TA-1152 (Second Review), USITC Publication 5147, December 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by January 8, 2021; 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 Citric Acid and Certain Citrate Salts from China were instituted on May 1, 2019.

On August 4, 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 response was inadequate and voted for expedited reviews.

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

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https://www.usitc.gov/press_room/news_release/2020/er1204ll1685.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN DIGITAL IMAGING DEVICES AND PRODUCTS CONTAINING SAME AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain digital imaging devices and products containing the same and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on an amended complaint filed by Pictos Technologies, Inc., of San Jose, CA, on October 23, 2020.  The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital imaging devices and products containing the same and components thereof that infringe patents asserted by the complainant and that were made using misappropriated trade secrets.  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:

Samsung Electronics Co., Ltd., of Gyeonggi, Republic of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Semiconductor, Inc., of San Jose, CA.

By instituting this investigation (337-TA-1231), 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/er1125ll1679.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CHOCOLATE MILK POWDER AND PACKAGING THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain chocolate milk powder and packaging 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 Meenaxi Enterprise, Inc., of Edison, NJ, on October 29, 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 chocolate milk powder and packaging thereof that infringes a registered trademark asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order and cease and desist orders. 

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

Bharat Bazar Inc. of Union City, CA;
Madras Group Inc. d/b/a Madras Groceries of Sunnyvale, CA;
Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, CA;
Organic Food Inc. d/b/a Namaste Plaza Indian Super Market of Fremont, CA;
India Cash & Carry Inc. d/b/a India Cash & Carry of Sunnyvale, CA;
New India Bazar Inc. d/b/a New India Bazar of San Jose, CA;
Aapka Big Bazar of Jersey City, NJ;
Siya Cash & Carry Inc. d/b/a Siya Cash and Carry of Jersey City, NJ;
JFK Indian Grocery LLC d/b/a D-Mart Super Market of Jersey City, NJ;
Trinethra Indian Super Markets of Newark, CA;
Apna Bazar Cash & Carry Inc. d/b/a Apna Bazar Cash & Carry of Edison, NJ;
Subzi Mandi Cash & Carry Inc. d/b/a Subzi Mandi Cash & Carry of Piscataway, NJ;
Subhlaxmi Grocers of Piscataway, NJ;
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry of South Plainfield, NJ;
Keemat Grocers of Sugarland, TX;
KGF World Food Warehouse Inc. d/b/a World Food Mart of Houston, TX;
Telfair Spices of Sugarland, TX;
Indian Groceries and Spices Inc. d/b/a iShopIndia.com of Milwaukee, WI;
Rani Foods LP d/b/a Rani’s World Foods of Houston, TX;
Tathastu Trading LLC of South Plainfield, NJ; and
Choice Trading LLC of Guttenberg, NJ.

By instituting this investigation (337-TA-1232), 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/er1125ll1681.htm

USITC SAYS RELIEF FOR U.S. LARGE RESIDENTIAL WASHERS INDUSTRY CONTINUES TO BE NECESSARY

The U.S. International Trade Commission (USITC) today determined that import relief provided to the U.S. large residential washers industry beginning in 2018 continues to be necessary to prevent or remedy serious injury to the U.S. industry, and that the domestic industry is making a positive adjustment to import competition.

The Commission will forward its report on its investigation and determination to the President by December 8, 2020.  The President will make the final decision on whether to extend the import relief. 

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.

The Commission’s public report Large Residential Washers (Inv. No. TA-201-076 (Extension), USITC Publication 5144, December 2020) will include the Commission’s findings and recommendations. 

The report will be available by December 29, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

Background

On January 23, 2018, following an affirmative injury determination by the Commission under the global safeguard law, the President imposed tariff rate quotas on imports of certain large residential washers and parts thereof.  The remedy took effect on February 7, 2018, for a period of three years and one day.

Unless extended, the relief action will terminate on February 7, 2021.  On August 3, 2020, the Commission instituted this investigation, upon receipt of a petition filed by Whirlpool Corporation of Benton Harbor, MI, requesting an extension of the relief action.

In accordance with the safeguard law, the Commission conducted an investigation to determine whether the relief provided by the President continues to be necessary to prevent or remedy serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.

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https://www.usitc.gov/press_room/news_release/2020/er1125ll1680.htm

Joint Statement of the United States-Ecuador Trade and Investment Council

11/19/2020

On November 10, the United States and Ecuador held the third meeting of the United States-Ecuador Trade and Investment Council (TIC). The U.S. delegation was led by Deputy U.S. Trade Representative, Ambassador Michael Nemelka, and the Ecuadorian delegation was led by the Minister of Production, Foreign Trade, Investment, and Fisheries, Mr. Ivan Ontaneda. Both delegations included officials from trade and other regulatory agencies.

This meeting reflects the high priority both countries place on deepening trade and investment ties. Representatives of both countries discussed a range of trade and investment-related issues, including intellectual property, environment, labor, and trade in agriculture products.

They also discussed the implementation of an ambitious economic and trade agenda between Ecuador and the United States. Both countries reconfirmed their commitment to accelerating work under the U.S.-Ecuador TIC, including completion of negotiation of a Protocol on Trade Rules and Transparency, based on the high-standard provisions in recent U.S. and Ecuador trade agreements. The United States and Ecuador anticipate concluding these negotiations, which will include provisions on trade facilitation, good regulatory practices, anti-corruption, and cooperation on small and medium-sized enterprises, before the end of the year.

Both countries look forward to further deepening our engagement in 2021 and to convening the fourth meeting of the Trade and Investment Council in Quito, Ecuador. 

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2020/november/joint-statement-united-states-ecuador-trade-and-investment-council 

USITC VOTES TO CONTINUE INVESTIGATIONS CONCERNING THERMAL PAPER FROM GERMANY, JAPAN, KOREA, AND SPAIN

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that U.S. industries are materially injured by reason of imports of thermal paper from Germany, Japan, Korea, 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 thermal paper from Germany, Japan, Korea, and Spain, with its preliminary antidumping duty determinations due on or about March 16, 2021.

The Commission’s public report Thermal Paper from Germany, Japan, Korea, and Spain (Inv. Nos. 731-TA-1546-1549 (Preliminary), USITC Publication 5141, December 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after December 22, 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

Thermal Paper from Germany, Japan, Korea, and Spain
Investigation Nos. 731-TA-1546-1549 (Preliminary)

Product Description:  Thermal paper is a paper coated with chemicals that react to form images when exposed to heat. These investigations cover thermal paper in the form of ''jumbo rolls'' and certain ''converted rolls.'' Included are jumbo rolls and converted rolls of thermal paper with or without a base coat on one or both sides; with thermal active coating(s) and/or like materials on one or both sides; with or without a top coat, and without an adhesive backing. Jumbo rolls are rolls with an actual width of 4.5 inches or more, an actual weight of 65 pounds or more, and an actual diameter of 20 inches or more. All jumbo rolls are included regardless of the basis weight of the paper. Also included are ''converted rolls'' with an actual width of less than 4.5 inches, and with an actual basis weight of 70 grams per square meter (gsm) or less. Thermal paper can be used in special printers to create an image without ribbons or other consumables (other than the paper itself). Thermal paper is used to make point‐of‐sale ("POS") products, such as ATM receipts, coupons, credit card receipts, gas pump receipts, kiosk receipts, parking receipts, portable printer receipts, prescription receipts, and retail receipts as well as to make thermal labels and a broad variety of tickets and tags. Read More→

https://www.usitc.gov/press_room/news_release/2020/er1120ll1677.htm

USITC SEEKS COMMENTS ON PROPOSED MODIFICATIONS TO THE U.S. HARMONIZED TARIFF SCHEDULE

The U.S. International Trade Commission (USITC) is soliciting written comments from interested federal agencies and the public concerning proposed modifications to the U.S. Harmonized Tariff Schedule (HTS).

The proposed modifications, presented in Recommended Modifications to the Harmonized Tariff Schedule, 2020 (USITC publication 5139, November 2020), would conform the U.S. HTS with amendments to the global Harmonized System (HS).

The HS is the international product naming system that is used to categorize and monitor global trade in goods.  The U.S. HTS and the classification systems of 160 other countries are based on the HS, and national classification systems are modified to reflect any changes to the HS.  The USITC is responsible for maintaining the U.S. HTS.

In June 2019, the World Customs Organization (WCO) adopted a package of amendments to the HS product nomenclature.  Subsequently, in October 2019, the USITC instituted an investigation (Inv. No. 1205-13) to draft comparable modifications to the U.S. HTS. 

The USITC will finalize its recommended modifications to the HTS and submit a report to the President in March 2021.

Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on December 14, 2020. All written submissions, except for confidential business information, will be available for public inspection. Read More→

https://www.usitc.gov/press_room/news_release/2020/er1120ll1678.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING NON-ORIENTED ELECTRICAL STEEL FROM CHINA, GERMANY, JAPAN, KOREA, SWEDEN, AND TAIWAN

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of non-oriented electrical steel from China, Germany, Japan, Korea, Sweden, and Taiwan and the countervailing duty orders on imports of this product from China 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 this product from China, Germany, Japan, Korea, Sweden, and Taiwan 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 Non-Oriented Electrical Steel from China, Germany, Japan, Korea, Sweden, and Taiwan (Inv. Nos. 701-TA-506 & 508 and 731-TA-1238-1243 (Review), USITC Publication 5140, December 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by January 6, 2021; 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 Non-Oriented Electrical Steel from China, Germany, Japan, Korea, Sweden, and Taiwan were instituted on November 1, 2019.

On February 4, 2020, the Commission voted to conduct full reviews. With respect to Germany, Commissioners David S. Johanson, Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that both the domestic and the respondent group responses were adequate and voted for a full review.  With respect to China, Japan, Korea, Sweden, and Taiwan, Commissioners Johanson, Schmidtlein, Kearns, Stayin, and Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

A record of the Commission’s vote to conduct full 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/er1118ll1676.htm

FDA Import Basics

All products offered for entry into the United States, including items for personal use, must be declared to U.S. Customs and Border Protection (CBP).  CBP refers all FDA-regulated products to the FDA for review. CBP's regulations and requirements are at its website.

Most importers choose to hire licensed representatives when offering the products for entry. These representatives are known as customs brokers or entry filers.  The entry filers can assist the importer by submitting necessary entry information and appropriate payments to CBP on behalf of the importer. CBP’s website has a clickable US map that will provide a list of specific ports, and under each port, you will find a list of brokers. 

FDA Review

All imported shipments of FDA-regulated products are reviewed by the FDA and must comply with the same standards as domestic products.  The FDA determines whether products are admissible into U.S. commerce and may refuse entry to any that violate or appear to violate any provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

FDA Entry Types

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.  

Regulated Products

The FDA regulates a variety of products including: food, medical products (such as drugs, devices, and biological products), radiation-emitting electronic products, animal feed, tobacco products, and cosmetics. Each FDA-regulated commodity is subject to specific regulations, which you should be aware of when importing products into the United States.  For more information visit the Regulated Products page.

Entry Review Process Specifics

During the entry review process, the imported products must be held and may not be distributed into U.S. commerce until the FDA has determined their admissibility.

FDA-regulated products are refused entry if they appear to be or have been found to be:

  • adulterated, meaning the product is contaminated, is not safe, unapproved, or does not otherwise meet applicable standards,

  • misbranded, meaning the labels contain false or misleading information, or the product is not registered and listed, if required,

  • forbidden or restricted for sale.

Products that do not comply with U.S. requirements may be refused admission.  Refused products must be destroyed or exported from the United States within 90 days.

The FDA's authority over certain imported products is granted by Congress through various laws and regulations. The FDA's refusal authority is through sections 536 and 801 of the FD&C Act. Read More→

https://www.fda.gov/industry/import-program-food-and-drug-administration-fda/import-basics

APHIS News- Electronic Phytosanitary Certificates

Plant Import Information

APHIS Will Continue To Accept Electronic Phytosanitary Certificates and Forms through December 31, 2020

To help facilitate the clearance of imported plants and plant products during the COVID-19 emergency, APHIS and U.S. Customs and Border Protection (CBP) will accept electronically produced versions of phytosanitary certificates, through December 31, 2020. Acceptable phytosanitary certificates include scanned copies of original certificates, electronic certificates created through a participating country’s ePhyto system, or signed paper forms. Certificates should be legible and include APHIS-required statements. Click for details.

Plant Protection and Quarantine (PPQ) regulates the importation of plants and plant products under the authority of the Plant Protection Act. PPQ maintains its import program to safeguard U.S. agriculture and natural resources from the risks associated with the entry, establishment, or spread of animal and plant pests and noxious weeds.

Permits


Import Requirements for

https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information

Hong Kong, China initiates dispute complaint against US origin marking requirements

Hong Kong, China has requested WTO dispute consultations with the United States concerning marks of origin requirements imposed by the US on goods produced in Hong Kong, China. The request was circulated to WTO members on 3 November.

Hong Kong, China is challenging several US legal, regulatory, executive and administrative measures through which goods produced in “Hong Kong” allegedly must be marked to indicate that their origin is “China” for the purposes of the United States' origin marking requirement.

Further information is available in document WT/DS597/1

What is a request for consultations?

The request for consultations formally initiates a dispute in the WTO. Consultations give the parties an opportunity to discuss the matter and to find a satisfactory solution without proceeding further with litigation. After 60 days, if consultations have failed to resolve the dispute, the complainant may request adjudication by a panel.

Read More→

https://www.wto.org/english/news_e/news20_e/ds597rfc_03nov20_e.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRIC SHAVERS AND COMPONENTS AND ACCESSORIES THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electric shavers and components and accessories 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 Skull Saver, LLC, of Moorestown, NJ, on October 13, 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 electric shavers and components and accessories 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:

Rayenbarny Inc. of New York, NY;
Bald Shaver Inc. of Toronto, Ontario, Canada;
Suzhou Kaidiya Garments Trading Co., Ltd., d.b.a. “Digimator” of Suzhou, Jiangsu, China;
Shenzhen Aiweilai Trading Co., Ltd., d.b.a. “Teamyo” of Shenzhen, Guangdong, China;
Wenzhou Wending Electric Appliance Co., Ltd. of Yueqing City, Zhejiang Province, China;
Shenzhen Nukun Technology Co., Ltd., d.b.a. “OriHea” of Shenzhen, Guangdong, China;
Yiwu Xingye Network Technology Co. Ltd., d.b.a. “Roziapro” of Yiwu, Zhejiang, China;
Magicfly LLC of Center Hong Kong;
Yiwu City Qiaoyu Trading Co., Ltd. of Yiwu, Zhejiang, China;
Shenzhen Wantong Information Technology Co., Ltd., d.b.a. “WTONG” of Shenzhen, Guangdong, China; and
Shenzhen Junmao International Technology Co., Ltd., d.b.a. “Homeasy” of Shenzhen, Guangdong, China.

By instituting this investigation (337-TA-1230), 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/er1113ll1675.htm