U.S. Department of Commerce to Expand Restrictions on Exports to Russia in Response to Chemical Weapons Poisoning

The Department of Commerce’s Bureau of Industry and Security (BIS) will expand export restrictions on Russia pursuant to a March 2, 2021 determination by the Secretary of State that the Government of Russia has used chemical or biological weapons in violation of international law or lethal chemical or biological weapons against its own nationals.

The Department of Commerce released the following statement:

“By deploying illegal nerve agents against dissidents, both inside and outside its borders, the Russian government has acted in flagrant violation of its commitments under the Chemical Weapons Convention and has directly put its own citizens and those of other countries at mortal risk. The Department of Commerce is committed to preventing Russia from accessing sensitive U.S. technologies that might be diverted to its malign chemical weapons activities.”

Background

On March 4, 2018, the Russia Government deployed a Novichok nerve agent in an attack against former Russian military officer Sergei Skripal and his daughter Yulia Skripal in the United Kingdom. In response, the U.S. Government imposed two sets of sanctions against Russia pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act) in August 2018 and August 2019. On August 20, 2020, the Russian Government again deployed a Novichok nerve agent, this time against Russian opposition figure Aleksey Navalny, warranting a new determination by the Secretary of State and additional sanctions under the CBW Act. Consistent with the Secretary of State’s March 2, 2021 determination, and the imposition, effective March 18, 2021, of new sanctions, BIS will review license applications under a presumption of denial for exports and reexports of items controlled for national security reasons (NS items) that are destined for Russia. Effective March 18, 2021, BIS will also suspend License Exceptions Servicing and Replacement Parts and Equipment (RPL), Technology and Software Unrestricted (TSU), and Additional Permissive Reexports (APR) for NS items destined for Russia. Read More→

https://www.commerce.gov/news/press-releases/2021/03/us-department-commerce-expand-restrictions-exports-russia-response

ULTRA-HIGH MOLECULAR WEIGHT POLYETHYLENE FROM KOREA DOES NOT INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of ultra-high molecular weight polyethylene from Korea that the U.S. Department of Commerce (Commerce) has determined are 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 negative. 

As a result of the Commission’s negative determination, no antidumping duty order will be issued.

The Commission’s public report Ultra-High Molecular Weight Polyethylene from Korea (Inv. No. 731-TA-1474 (Final), USITC Publication 5178, April 2021) will contain the views of the Commission and information developed during the investigation.

The report will be available by April 26, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Ultra-High Molecular Weight Polyethylene from Korea
Investigation No. 731-TA-1474 (Final)

Product Description:  Ultra-high molecular weight polyethylene (UHMWPE) is an extremely high viscosity, substantially linear polyethylene. It is defined by its molecular weight, as defined by Margolie's Equation, of greater than 1.0 × 106 g/mol. UHMWPE may also be defined by its melt mass-flow rate of <0.1 g/10 min, measured at 190 °C and 21.6 kg load, based on the methods and calculations set forth in the International Organization for Standardization standards 21304-1 and 21304-2. Included is all UHMWPE in granular or powder forms meeting the above specifications regardless of additives introduced in the manufacturing process. Medical grade UHMWPE is excluded.  UHMWPE has the highest impact strength of the polyethylenes and is used to create fibers that are used in demanding, high strength applications such as ballistic and slash-proof armor, as well as snowboards, skis, cut-resistant gloves, bow strings, climbing equipment, fishing line, suspension lines on sport parachutes and paragliders, rigging in yachting, and tow lines for boating. Read More→

https://www.usitc.gov/press_room/news_release/2021/er0322ll1741.htm

ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ACCOUNTS FOR MORE THAN $2 BILLION OF U.S. SEAFOOD IMPORTS, REPORTS USITC

Nearly 11 percent of total U.S. seafood imports and over 13 percent of U.S. imports caught at sea in 2019 were derived from illegal, unreported, and unregulated fishing, according to a new report by the U.S. International Trade Commission (USITC).

The investigation, Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries, was requested by the House Committee on Ways and Means in a letter received on December 19, 2019.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the size, scope, supply chains, pricing pressures, and potential economic effects of U.S. imports of IUU seafood products.  The USITC findings include:

  • The United States imported an estimated $2.4 billion worth of seafood derived from IUU fishing in 2019. This figure represents nearly 11 percent of total U.S. seafood imports, and over 13 percent of U.S. imports caught at sea (“marine capture”).

  • Among the major categories of marine-capture IUU imports were imports of swimming crab, wild-caught warmwater shrimp, yellowfin tuna, and squid.

  • China, Russia, Mexico, Vietnam, and Indonesia were relatively substantial exporters of marine-capture IUU imports to the United States.

  • The removal of IUU imports from the U.S. market would have a positive effect on U.S. commercial fishers, with estimated increases in U.S. prices, landings (catches of fish), and operating income.

Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries (Investigation No. 332-575, USITC Publication 5168, February 2021) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5168.pdf.

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

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https://www.usitc.gov/press_room/news_release/2021/er0318ll1740.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING DIAMOND SAWBLADES FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of diamond sawblades 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 determination, the existing order 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 this five-year (sunset) review.

The Commission’s public report Diamond Sawblades from China (Inv. No. 731-TA-1092 (Second Review), USITC Publication 5176, March 2021) will contain the views of the Commission and information developed during the review.

The report will be available by April 19, 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) review concerning Diamond Sawblades from China was instituted on August 3, 2020.

On November 6, 2020, the Commission voted to conduct an expedited review. 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 an expedited review. 

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

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https://www.usitc.gov/press_room/news_release/2021/er0315ll1736.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN APPARATUS AND METHODS OF OPENING CONTAINERS

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain apparatus and methods of opening containers.  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 Draft Top, LLC, of Long Branch, NJ, on January 28, 2021.  Supplements to the complaint were filed on February 12 and 19 and March 1 and 2, 2021.  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 apparatus and methods of opening containers that infringe a patent 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:

Mintiml of Jiangsu, China;
KKS Enterprises Co., Ltd., of Hangzhou, China;
Kingskong Enterprises Co., Ltd., of Hangzhou, China;
Du Zuojun of Shenzhen, Guangdong, China;
WN Shipping USA, Inc., of Inwood, NY;
Shuje Wei of Pomona, CA;
Express Cargo Forwarded, Ltd., of Los Angeles, CA;
Tofba International, Inc., of Hawthorne, CA; and
Hou Wenzheng of Hebron, KY.

By instituting this investigation (337-TA-1255), 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/2021/er0315ll1737.htm

Joint Statement of the European Union and the United States on the Large Civil Aircraft WTO Disputes

03/05/2021

“The European Union and the United States today agreed on the mutual suspension for four months of the tariffs related to the World Trade Organization (WTO) Aircraft disputes. The suspension will cover all tariffs both on aircraft as well as on non-aircraft products, and will become effective as soon as the internal procedures on both sides are completed. 

“This will allow the EU and the US to ease the burden on their industries and workers and focus efforts towards resolving these long running disputes at the WTO.

“The EU and the US are committed to reach a comprehensive and durable negotiated solution to the Aircraft disputes. Key elements of a negotiated solution will include disciplines on future support in this sector, outstanding support measures, monitoring and enforcement, and addressing the trade distortive practices of and challenges posed by new entrants to the sector from non-market economies, such as China.

“These steps signal the determination of both sides to embark on a fresh start in the relationship.”

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/march/joint-statement-european-union-and-united-states-large-civil-aircraft-wto-disputes

U.S. International Trade in Goods and Services, January 2021

The U.S. Census Bureau and the U.S. Bureau of Economic Analysis announced today that the goods and services deficit was $68.2 billion in January, up $1.2 billion from $67.0 billion in December, revised.

U.S. International Trade in Goods and Services Deficit

Deficit: $68.2 Billion +1.9%°

Exports: $191.9 Billion +1.0%°

Imports: $260.2 Billion +1.2%°

Next release: Wednesday, April 7, 2021

(°) Statistical significance is not applicable or not measurable. Data adjusted for seasonality but not price changes

Source: U.S. Census Bureau, U.S. Bureau of Economic Analysis; U.S. International Trade in Goods and Services, Friday, March 5, 2021

Goods and Services Trade Deficit.GIF

Coronavirus (COVID-19) Impact on International Trade in Goods and Services

Exports and imports in January 2021 reflect both the ongoing impact of the COVID-19 pandemic and the continued economic recovery from the sharp declines in 2020. In particular, trade in services remains below pre-pandemic levels. The full economic effects of the pandemic cannot be quantified in the statistics because the impacts are generally embedded in source data and cannot be separately identified. For more information, see “What is the impact of COVID-19 on statistics on trade in services?”

Exports, Imports, and Balance (exhibit 1)

January exports were $191.9 billion, $1.8 billion more than December exports. January imports were $260.2 billion, $3.1 billion more than December imports.

The January increase in the goods and services deficit reflected an increase in the goods deficit of $1.3 billion to $85.4 billion and an increase in the services surplus of $0.1 billion to $17.2 billion.

Year-over-year, the goods and services deficit increased $23.8 billion, or 53.7 percent, from January 2020. Exports decreased $15.7 billion or 7.6 percent. Imports increased $8.1 billion or 3.2 percent.

Three-Month Moving Averages (exhibit 2)

The average goods and services deficit increased $1.4 billion to $68.1 billion for the three months ending in January.

  • Average exports increased $3.4 billion to $188.6 billion in January.

  • Average imports increased $4.9 billion to $256.7 billion in January.

Year-over-year, the average goods and services deficit increased $24.4 billion from the three months ending in January 2020.

  • Average exports decreased $21.3 billion from January 2020.

Average imports increased $3.1 billion from January 2020. Read More→

https://www.bea.gov/news/2021/us-international-trade-goods-and-services-january-2021

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SEMICONDUCTOR DEVICES, WIRELESS INFRASTRUCTURE EQUIPMENT CONTAINING THE SAME, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, wireless infrastructure equipment 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 a complaint filed by Samsung Electronics Co., Ltd., of Gyeonggi-do, Korea, and Samsung Austin Semiconductor, LLC, of Austin, TX, on February 4, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, wireless infrastructure equipment containing the same, and components thereof that infringe patents asserted by the complainants.  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:

Ericsson AB of Stockholm, Sweden;
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden; and
Ericsson Inc. of Plano, TX.

By instituting this investigation (337-TA-1254), 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/2021/er0304ll1732.htm

Biden Administration Releases 2021 President’s Trade Agenda and 2020 Annual Report

03/01/2021

WASHINGTON – The Office of the United States Trade Representative today delivered President Biden’s 2021 Trade Agenda and 2020 Annual Report to Congress, detailing a comprehensive trade policy in support of the Administration’s effort to help the U.S. recover from the COVID-19 pandemic and build back better.

The President’s agenda will create millions of good-paying jobs and support America’s working families by tackling four national challenges: building a stronger industrial and innovation base so the future is made in America; building sustainable infrastructure and a clean energy future; building a stronger, caring economy; and advancing racial equity across the board.

The President wants a fair international trading system that promotes inclusive economic growth and reflects America’s universal values. Trade policy must respect the dignity of work and value Americans as workers and wage-earners, not only as consumers. The President’s trade agenda will restore U.S. global leadership by combatting forced and exploitative labor conditions, corruption, and discrimination against women and minorities around the world.

Through bilateral and multilateral engagement, the Biden Administration will seek to build consensus around trade policies that address the climate crisis, bolster sustainable renewable energy supply chains, level the playing field, discourage regulatory arbitrage, and foster innovation and creativity.

The full report can be viewed here.

A fact sheet outlining key highlights of the report is available here.

Background:
The 2021 Trade Policy Agenda and 2020 Annual Report of the President of the United States on the Trade Agreements Program are submitted to the Congress pursuant to Section 163 of the Trade Act of 1974, as amended.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/march/biden-administration-releases-2021-presidents-trade-agenda-and-2020-annual-report

USITC RELEASES SECOND VOLUME OF REPORT ON GLOBAL ECONOMIC IMPACT OF MISSING AND LOW PESTICIDE MAXIMUM RESIDUE LEVELS

The U.S. International Trade Commission (USITC) has released the second volume of its report on the global economic impact of pesticide maximum residue level (MRL) policies, including missing or low MRLs, for plant protection products.

The investigation, Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, was requested by the U.S. Trade Representative (USTR) in a letter received on August 30, 2019.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, assessed the global economic impact of national policies and regulations related to pesticide MRLs. The USITC report documents the impacts of pesticide MRLs, including when they are missing or low, on farmers and exporters in countries representing a range of income classifications, including the United States.

The USTR requested that the Commission convey the report in two separate volumes. The first volume of the report was released on July 30, 2020.

The information in volume 2 of the report includes, but is not limited to:

  • case studies describing the costs and effects of MRL compliance and noncompliance for U.S. producers, including effects on U.S. producers of specialty crops;


  • quantitative and qualitative analysis of the global impact of MRLs, including how MRLs affects production, exports, farmer income, and prices; and


  • detailed highlights of the Commission's findings can be found in the report's Executive Summary.

Global Economic Impact of Missing and Low Pesticide Maximum Residue Levels, Volume 2 (Investigation No. 332-573, USITC publication 5160, January 2021) is available on the USITC's Internet site at https://www.usitc.gov/publications/332/pub5160.pdf.

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

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https://www.usitc.gov/press_room/news_release/2021/er0302ll1730.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ROBOTIC FLOOR CLEANING DEVICES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain robotic floor cleaning devices 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 iRobot Corporation of Bedford, MA, on January 28, 2021.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain robotic floor cleaning devices and 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:

SharkNinja Operating LLC of Needham, MA;
SharkNinja Management LLC of Needham, MA ;
SharkNinja Management Co. of Needham, MA;
SharkNinja Sales Co. of Needham, MA;
EP Midco LLC of Needham, MA; and
SharkNinja Hong Kong Co., Ltd. of Hong Kong.

By instituting this investigation (337-TA-1252), 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/2021/er0225ll1729.htm

Statement on Change to Definition of ‘Agricultural Products’ in Reporting Trade Data

WASHINGTON, Feb. 19, 2021 — USDA and the Department of Commerce decided in December 2020 to change the way they define “agricultural products” when reporting international trade data. Beginning with the release of the January 2021 monthly trade data on March 5, USDA will adopt the World Trade Organization’s (WTO) internationally recognized definition of “agricultural products,” which includes ethanol, distilled spirits and manufactured tobacco products, three product groups not included in the current USDA definition. The change was first announced by Commerce in the Monthly U.S. International Trade in Goods and Services (PDF, 1.5 MB) report released on Feb. 5th. The change is meant to harmonize U.S. trade reporting practices with those of the international community. It will also ensure that USDA numbers align with those of the Office of the U.S. Trade Representative, which already uses the WTO definition when negotiating WTO binding trade agreements. As a result, USDA’s Foreign Agricultural Service is updating historical datasets in preparation for the March 5 change and will make data available under both definitions in its Global Agricultural Trade System (GATS) database (apps.fas.usda.gov/gats).

Please contact the Press-FAS@usda.gov with any questions.

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USDA is an equal opportunity provider, employer, and lender.

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https://www.usda.gov/media/press-releases/2021/02/19/statement-change-definition-agricultural-products-reporting-trade

USITC INSTITUTES THREE SEPARATE SECTION 337 INVESTIGATIONS OF CERTAIN CELLULAR SIGNAL BOOSTERS, REPEATERS, BI-DIRECTIONAL AMPLIFIERS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute investigations of certain cellular signal boosters, repeaters, bi-directional amplifiers, and components thereof.  The products at issue in the investigations are described in the Commission’s notices of investigation (337-TA-1249, 337-TA-1250, and 337-TA-1251).

The investigations are based on a complaint filed by Wilson Electronics LLC of St. George, UT, on January 21, 2021.  Supplements to the complaint were filed on February 1, 8, and 11, 2021.  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 cellular signal boosters, repeaters, bi-directional amplifiers, and components thereof that infringe 12 patents asserted by the complainant.  To address the complexity of the allegations, the Commission is implementing its severing rule and will institute three separate investigations, each covering four patents.  Details are provided in the notices of investigation cited above. 

The complainant requests that the USITC issue limited exclusion orders and cease and desist orders. 

The USITC has identified the following as respondents in these investigations:

Cellphone-Mate, Inc. d/b/a SureCall of Fremont, CA; and
Shenzhen SureCall Communication Technology Co. Ltd. of Shenzhen, China.

By instituting these investigations (337-TA-1249, 337-TA-1250, and 337-TA-1251), the USITC has not yet made any decision on the merits of the cases.  The USITC’s Chief Administrative Law Judge will assign each case to one of the USITC’s administrative law judges (ALJs), who will schedule and hold evidentiary hearings.  The ALJs will make initial determinations as to whether there is a violation of section 337; those initial determinations are subject to review by the Commission.

The USITC will make final determinations in the investigations at the earliest practicable time.  Within 45 days after institution of the investigations, the USITC will set target dates for completing the investigations.  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/2021/er0222ll1725.htm

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING PRESERVED MUSHROOMS FROM CHILE, CHINA, INDIA, AND INDONESIA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of preserved mushrooms from Chile, China, India, and Indonesia 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 Chile, China, India, and Indonesia 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 Preserved Mushrooms from Chile, China, India, and Indonesia (Inv. Nos. 731-TA-776-779 (Fourth Review), USITC Publication 5167, March 2021) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 22, 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. Read More→

https://www.usitc.gov/press_room/news_release/2021/er0216ll1723.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CELLULAR COMMUNICATIONS INFRASTRUCTURE SYSTEMS, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain cellular communications infrastructure systems, components thereof, and products containing 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 Ericsson Inc. of Plano, TX, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on January 15, 2021.  The complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain cellular communications infrastructure systems, components thereof, and products containing same 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:

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

By instituting this investigation (337-TA-1248), 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/2021/er0216ll1724.htm

Notice Regarding Periodic Revision of Section 301 Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute

AGENCY:

Office of the United States Trade Representative (USTR).

ACTION:

Notice.

SUMMARY:

The U.S. Trade Representative together with the affected United States industry have agreed that it is unnecessary at this time to revise the action in the Section 301 investigation involving the enforcement of U.S. rights in the World Trade Organization (WTO) dispute involving Large Civil Aircraft subsidies provided by certain current or former member States of the European Union. The U.S. Trade Representative will continue to consider the action taken in the investigation.

DATES:

This exception to periodic revisions is applicable as of February 8, 2021.

FOR FURTHER INFORMATION CONTACT:

For questions about the investigation or this notice, contact Associate General Counsel Megan Grimball, at (202) 395-5725, or Director for Europe Michael Rogers, at (202) 395-3320.

SUPPLEMENTARY INFORMATION:

A. Proceedings in the Investigation

For background on the proceedings in this investigation, please see the prior notices issued in the investigation, including: Notice of initiation (84 FR 15028 (April 12, 2019)); notice of determination and action (84 FR 54245 (October 9, 2019)); and notices of revision of action (85 FR 10204 (February 21, 2020), 85 FR 50866 (August 18, 2020), and 86 FR 674 (January 6, 2021)). Read More→

https://www.federalregister.gov/documents/2021/02/12/2021-02869/notice-regarding-periodic-revision-of-section-301-action-enforcement-of-us-wto-rights-in-large-civil

INCREASED IMPORTS OF FRESH, CHILLED, OR FROZEN BLUEBERRIES DO NOT SERIOUSLY INJURE U.S. INDUSTRY, USITC DETERMINES

The U.S. International Trade Commission (USITC) today determined that fresh, chilled, or frozen blueberries are not being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat of serious injury, to the domestic industry producing an article like or directly competitive with the imported article.

The determination was made in the context of an investigation initiated on September 29, 2020, under section 202 of the Trade Act of 1974 (19 U.S.C. § 2252) at the request of the U.S. Trade Representative.  Information about this investigation and global safeguard investigations in general can be found here:  https://usitc.gov/press_room/documents/blueberries_factsheet_finalassubmittedforposting.pdf

The Commission’s determination resulted from a 5-0 vote.  Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the negative.

As a result of today’s vote, the investigation will end, and the Commission will not recommend a remedy to the President.  The Commission will submit its report containing its injury determination and the basis for it to the President by March 29, 2021.

A public report concerning the investigation will be available after the Commission submits its report to the President.

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https://www.usitc.gov/press_room/news_release/2021/er0211ll1722.htm

LARGE VERTICAL SHAFT ENGINES FROM CHINA INJURE U.S. INDUSTRY, SAYS USITC

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

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, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.

The Commission made a negative finding concerning critical circumstances with regard to imports of this product from China that are sold in the United States at less than fair value.  As a result, these imports will not be subject to retroactive antidumping duties.

The Commission’s public report Large Vertical Shaft Engines from China (Inv. Nos. 701-TA-637 and 731-TA-1471 (Final), USITC Publication 5162, February 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 9, 2021; 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/2021/er0202ll1712.htm