Certain Walk-Behind Snow Throwers and Parts Thereof From the People's Republic of China: Preliminary Affirmative...

Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The Department of Commerce (Commerce) preliminarily determines that certain walk-behind snow throwers and parts thereof (snow throwers) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2020, through December 31, 2020. Interested parties are invited to comment on this preliminary determination.

DATES:

Applicable November 5, 2021.

FOR FURTHER INFORMATION CONTACT:

Laurel LaCivita or Brendan Quinn, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 482-5848, respectively.

SUPPLEMENTARY INFORMATION:

Background

This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 26, 2021.[1] On August 20, 2021, Commerce postponed the preliminary determination of this investigation, and the revised deadline is now October 26, 2021.[2] For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.[3] A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/​public/​FRNoticesListLayout.aspx.

Scope of the Investigation

The products covered by this investigation are snow throwers from China. For a complete description of the scope of this investigation,seeAppendix I. Read More→

https://www.federalregister.gov/documents/2021/11/05/2021-24226/certain-walk-behind-snow-throwers-and-parts-thereof-from-the-peoples-republic-of-china-preliminary

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN OIL-VAPING CARTRIDGES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain oil-vaping cartridges, 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 Shenzhen Smoore Technology Limited of Bao’an District, Shenzhen, China, on October 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 oil-vaping cartridges, components thereof, and products containing the same that infringe patents and a registered trademark 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 the respondents this investigation:

BBTank USA, LLC, of Lambertville, MI;
Glo Extracts of Los Angeles, CA;
BulkCarts.com of Canton, MI;
Greenwave Naturals LLC of Austin, TX;
BoldCarts.com of Tempe, AZ;
Bold Crafts, Inc., of Irvine, CA;
Blinc Group Holdings, LLC, of New York, NY;
Jonathan Ray Carfield d/b/a AlderEgo Wholesale, AlderEgo Holdings, Inc, and AlderEgo Group Limited a/k/a AVID Holdings Limited of Shenzhen, Guangdong, China;
Hanna Carfield of Tacoma, WA;
Next Level Ventures, LLC, of Seattle, WA;
Advanced Vapor Devices, LLC, of Los Angeles, CA;
avd710.com of Seattle, WA;
AlderEgo Group Limited (“AEG”) of Hong Kong;
A&A Global Imports, Inc., d/b/a Marijuana Packaging of Vernon, CA;
Bulk Natural, LLC d/b/a True Terpenes of Portland, OR;
Brand King, LLC, of Sacramento, CA;
ZTCSMOKE USA Inc. of Niceville, FL;
headcandysmokeshop.com of Richmond, BC, Canada;
Head Candy Enterprise Ltd. of Vancouver, BC, Canada;
Green Tank Technologies Corp. of Toronto, ON, Canada;
Cannary Packaging Inc. of Kelowna, BC, Canada;
Cannary LA of Signal Hill, CA;
dcalchemy.com of Phoenix, AZ;
DC Alchemy, LLC, of Phoenix, AZ;
Cartridgesforsale.com of Ypsilanti, MI;
HW Supply, LLC, of Ypsilanti, MI;
International Vapor Group, LLC, of Miami Lakes, FL;
Obsidian Supply, Inc., of Irvine, CA;
Ygreeninc.com of Walnut, CA;
Ygreen Inc. of Walnut, CA;
Atmos Nation LLC of Davie, FL;
shopbvv.com of Naperville, IL;
Best Value Vacs, LLC, of Naperville, IL;
Royalsupplywholesale.com of San Francisco, CA;
Customcanabisbranding.com of San Francisco, CA;
CLK Global, Inc., of San Francisco, CA;
iKrusher.com of Arcadia, CA; and
The Calico Group Inc. of Austin, TX.

By instituting this investigation (337-TA-1286), 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/er1104ll1842.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN BARCODE SCANNERS, MOBILE COMPUTERS WITH BARCODE SCANNING CAPABILITIES, SCAN ENGINES, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain barcode scanners, mobile computers with barcode scanning capabilities, scan engines, 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 Honeywell International Inc., Hand Held Products, Inc., and Metrologic Instruments, Inc., all of Charlotte, NC, on September 29, 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 barcode scanners, mobile computers with barcode scanning capabilities, scan engines, and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

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

            Zebra Technologies Corporation of Lincolnshire, IL; and
            Symbol Technologies, Inc., of Holtsville, NY.

By instituting this investigation (337-TA-1285), 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/er1029ll1841.htm

Department of Commerce Issues Statement on Consultations with the UK on Steel and Aluminum

Today, the U.S. Department of Commerce issued the following statement regarding the ongoing consultations between the United States and the United Kingdom on bilateral and multilateral issues related to steel and aluminum:

"The United States and the United Kingdom are consulting closely on bilateral and multilateral issues related to steel and aluminum, with a focus on the impacts of overcapacity on the global steel and aluminum markets; the need for like-minded countries to take collective action to address the root causes of the problem; and the climate impacts of the sectors.

"Building on our shared democratic values, the United States and the UK are committed to working together to address contemporary economic challenges, while supporting their industries and workers. The United States and the UK look forward to market-orientation and tackling carbon emissions across all types of production in the steel and aluminum industry.

"The United States and the UK are each other’s biggest investors, with trade in goods and services between the United States and the UK worth over $250 billion in 2020.  We are committed to enhancing that relationship yet further and plan to resume a range of talks on trade and economic issues."

https://www.commerce.gov/news/press-releases/2021/10/department-commerce-issues-statement-consultations-uk-steel-and

U.S. – EU Arrangements on Global Steel and Aluminum Excess Capacity and Carbon Intensity

United States and European Union Agree to Address Global Steel and Aluminum Excess Capacity and Carbon Intensity

President Biden made clear on day one that rebuilding relationships with our allies and partners, and working with the world’s democracies to address our shared challenges would be a top priority.  Today’s announcement that the United States and the European Union have reached arrangements to address global steel and aluminum excess capacity, and the serious threat those market distortions pose to workers, producers and the climate, is another example of the President fulfilling his promise. 

This announcement shows the Biden-Harris Administration’s commitment to preserving the long-term viability of our critical industries, protecting American jobs, and meeting the economic and environmental goals shared by the United States and European Union by tackling the carbon intensity of those products.
 
The United States and EU are like-minded partners with shared democratic values and similar economic and security interests.  Recognizing the importance of the transatlantic relationship, the United States will adjust the tariffs on steel and aluminum to allow duty-free trade at a sustainable historic level and the EU will suspend its retaliatory tariffs.

The arrangements build on the Joint United States-European Union Statement in May, and the successful resolution of the Boeing-Airbus dispute in June.  Quickly resolving both issues demonstrates the rapid progress that can be made when the United States works with like-minded partners friends and allies to create good-paying jobs, reduce costs for consumers, promote high standards, and hold countries that support trade-distorting policies to account.

The United States looks forward to partnering with other trading partners and key stakeholders to address the common global challenge of steel and aluminum excess capacity.

The following general principles will guide future U.S.-EU cooperation:

Replacement of Section 232 tariffs with tariff-rate quota (TRQ).  The United States will replace the existing tariffs on EU steel and aluminum products under Section 232 with a TRQ under Section 232.  Under the TRQ arrangement, historically-based volumes of EU steel and aluminum products would enter the U.S. market without the application of Section 232 tariffs to meet the demands of downstream users.

Agreement to cooperate in trade remedies and customs matters and development of additional actions.  Both sides agreed to expand their coordination involving both trade remedies and customs matters, and to meet regularly to consult and develop additional actions to address non-market excess capacity in these sectors.

Negotiation of global steel and aluminum arrangements that restore market-oriented conditions and address carbon intensity.  The U.S. and EU resolved to negotiate future arrangements for trade in the steel and aluminum sectors that take account of both global non-market excess capacity as well as the carbon intensity of these industries.  The U.S. and the EU agreed to form a technical working group to enhance their cooperation and facilitate negotiations on these arrangements, and will invite like-minded economies to participate in the arrangements.

Lifting of the EU’s retaliatory tariffs and suspension of disputes before panels of the World Trade Organization.  The EU will suspend the additional duties imposed on U.S. goods, and the U.S. and the EU agreed to suspend the disputes they have initiated against each other regarding the U.S. Section 232 measures and the EU’s additional duties in light of the arrangements for moving forward.

Other measures to ensure market-oriented conditions in the EU market.  The EU will ensure market-oriented conditions in its market, including through the application of safeguards and other appropriate measures.

https://ustr.gov/about-us/policy-offices/press-office/fact-sheets/2021/october/fact-sheet-us-eu-arrangements-global-steel-and-aluminum-excess-capacity-and-carbon-intensity

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING ALLOY MAGNESIUM FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of alloy magnesium 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 Alloy Magnesium from China (Inv. No. 731-TA-1071 (Third Review), USITC Publication 5238, November 2021) will contain the views of the Commission and information developed during the review.

The report will be available by November 29, 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 Alloy Magnesium from China was instituted on June 1, 2021.

On September 7, 2021, the Commission voted to conduct an expedited review. Commissioners Jason E. Kearns, Randolph J. Stain, David S. Johanson, Rhonda K. Schmidtlein, 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/er1028ll1840.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN COMPOSITE BASEBALL AND SOFTBALL BATS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain composite baseball and softball bats 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 Easton Diamond Sports, LLC, on September 27, 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 composite baseball and softball bats and components thereof that infringe a patent 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 the respondents this investigation:

            Juno Athletics LLC of Aventura, FL;
            Monsta Athletics LLC of Calimesa, CA; and
            Proton Sports Inc. of Scottsdale, AZ.

By instituting this investigation (337-TA-1283), 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/er1027ll1838.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRONIC DEVICES HAVING WIRELESS COMMUNICATION CAPABILITIES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices having wireless communication capabilities 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 Bell Northern Research, LLC, of Chicago, IL, on September 27, 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 electronic devices having wireless communication capabilities 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 the respondents this investigation:

Lenovo Group Ltd. of Haidan District, China;
Lenovo (United States), Inc., of Morrisville, NC;
Motorola Mobility LLC of Chicago, IL;
TCL Electronics Holdings Limited of Hong Kong;
TCT Mobile (US) Inc. of Irvine, CA;
TTE Technology, Inc., of Corona, CA;
BLU Products, Inc., of Doral, FL;
BBK Electronics Corp. of Dongguan, Guangdong, China;
OnePlus Technology Co., Ltd., of Futian District, Shenzhen, Guangdong, China;
HMD Global Oy of Espoo, Finland;
HMD America, Inc., of Miami, FL; and
Sonim Technlogies, Inc., of Austin, TX.

By instituting this investigation (337-TA-1284), 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/er1027ll1839.htm

THERMAL PAPER FROM GERMANY, JAPAN, KOREA, AND SPAIN INJURES 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 thermal paper from Germany, Japan, Korea, and Spain 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 affirmative. 

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

The Commission also made negative critical circumstances findings with regard to imports of this product from Germany and Korea.  As a result, these imports will not be subject to retroactive antidumping duties.

The Commission’s public report Thermal Paper from Germany, Japan, Korea, and Spain (Inv. Nos. 731-TA-1546-1549 (Final), USITC Publication 5237, November 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by November 29, 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

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

Product Description:  Thermal paper in the form of “jumbo rolls” and certain “converted rolls.” The scope covers jumbo rolls and converted rolls of thermal paper with or without a base coat (typically made of clay, latex, and/or plastic pigments, and/or like materials) on one or both sides; with thermal active coating(s) (typically made of sensitizer, dye, and coreactant, and/or like materials) on one or both sides; with or without a top coat (typically made of pigments, polyvinyl alcohol, and/or like materials), and without an adhesive backing. Jumbo rolls are defined as 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 (jumbo rolls). All jumbo rolls are included in the scope regardless of the basis weight of the paper. Also included in the scope 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. The scope of this investigation covers thermal paper that is converted into rolls with an actual width of less than 4.5 inches and with an actual basis weight of 70 gsm or less in third countries from jumbo rolls produced in the subject countries. Read More→

https://www.usitc.gov/press_room/news_release/2021/er1026ll1837.htm

The United States Certifies Mexico’s Shrimp Imports

The Department of State notified Congress on October 21, 2021 of the certification of Mexico under Section 609 of United States Public Law 101-162 (“Section 609”).  Section 609 prohibits the import of shrimp and shrimp products harvested in ways that may adversely affect sea turtle species.  This certification, allowing again for importation of wild-caught shrimp into the United States from Mexico pursuant to Section 609, is based on a determination that Mexico’s turtle excluder devices (TEDs) program is again comparable in effectiveness to the U.S. program.

The United States and Mexico have been working in close cooperation on sea turtle conservation as well as a range of bilateral fisheries and marine conservation issues.  The Government of Mexico implemented a plan of action in the past several months to strengthen sea turtle conservation in its shrimp trawl fisheries, resulting in significantly improved use of TEDs by its fishing industry, as verified by a team of representatives from the State Department and National Marine Fisheries Service.

The U.S. government is currently providing technology and capacity-building assistance to other nations to contribute to the recovery of sea turtle species and help them receive certification under Section 609.  When properly designed, built, installed, used, and maintained, TEDs allow 97 percent of sea turtles to escape the shrimp net without appreciable loss of shrimp.  The U.S. government also encourages legislation in other countries to prevent the importation of shrimp harvested in a manner harmful to protected sea turtles.

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https://www.state.gov/the-united-states-certifies-mexicos-shrimp-imports/

The United States and Colombia Meet to Review Implementation of the United States—Colombia Trade Promotion Agreement

October 22, 2021

WASHINGTON - On Friday, October 22, 2021, the United States and Colombia held the third meeting of the Free Trade Commission (the “Commission” or the “FTC”) under the United States – Colombia Trade Promotion Agreement (the “Agreement” or the “CTPA”).  The Commission is responsible for supervising implementation and overseeing the further elaboration of the CTPA. 

The meeting was led by Daniel Watson, Assistant United States Trade Representative for the Western Hemisphere, and Andrés Cárdenas Muñoz, Colombia’s Vice Minister of Foreign Trade, Ministry of Commerce, Industry and Tourism. 

Colombia and the United States reviewed trade and economic developments related to the CTPA since the last Commission meeting, which took place in August 2018, and reaffirmed commitment to working together on shared priorities, including labor and environment, and their shared interest in promoting inclusive trade policies.  The Parties also received reports from the Committees on Agricultural Trade, Sanitary and Phytosanitary Matters, and Technical Barriers to Trade, and discussed bilateral issues of concern.

Both countries agreed to hold an Environmental Affairs Council (“EAC”) meeting in 2022 to review implementation of the environment chapter, and directed our customs and trade facilitation teams to hold follow up discussions on best practices, lessons learned, and future plans, especially with regard to the digitalization of customs procedures.  We also directed our staff to include on our next FTC meeting agenda an exchange of information regarding each country’s programs related to small and medium-sized businesses.

The Parties also had a robust discussion of labor matters, including the Biden-Harris Administration’s Worker-Centered Trade Policy.  They discussed progress and how they can work together to address challenges related to the issues identified in the Department of Labor’s 2017 Public Report of Review of U.S. Submission 2016-02 (Colombia).  
In addition, both countries discussed other issues of concern, including textiles and apparel, intellectual property, de minimis, agriculture-related issues, and steel and aluminum.

The United States looks forward to continuing constructive and open engagement with Colombia to implement the CTPA to the benefit of both countries.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/october/united-states-and-colombia-meet-review-implementation-united-states-colombia-trade-promotion

CBP Issues Withhold Release Order on Tomatoes Produced by Farm in Mexico

Release Date:

October 21, 2021

The Agency will detain imports of fresh tomatoes produced by Agropecuarios Tom S.A. de C.V., Horticola S.A. de C.V., and their subsidiaries

WASHINGTON —Effective Oct. 21, U.S. Customs and Border Protection (CBP) officers at all U.S. ports of entry will detain fresh tomatoes produced by the tomato farm Agropecuarios Tom S.A. de C.V., and Horticola S.A de C.V., and their subsidiaries. 

CBP Official Seal

CBP issued a Withhold Release Order (WRO) against Agropecuarios, Horticola, and their subsidiaries based on information that reasonably indicates the use of forced labor against its workers. CBP identified at least five of the International Labor Organization’s indicators of forced labor during its investigation, including abuse of vulnerability, deception, withholding of wages, debt bondage, and abusive working and living conditions.  This WRO will only affect fresh tomato imports into the United States from this specific farm and its subsidiaries. 

“The U.S.-Mexico-Canada Agreement established a strong framework for CBP to work closely with our Mexican and Canadian counterparts,” said Troy Miller, CBP Acting Commissioner.  “We trust that the foundations we’ve built with our Mexican partners will allow for a collaborative and multi-lateral response to forced labor enforcement actions within North American supply chains.” 

Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor.  CBP detains shipments of goods suspected of being imported in violation of this statute. Importers of detained shipments have the opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor. 

In October 2020, Mexican authorities took action against allegations of forced labor conditions on the same tomato farm, demonstrating the Mexican government’s shared commitment to protecting the human rights of workers. 

In Fiscal Year 2021, CBP issued seven WROs and two forced labor findings.  The International Labour Organization estimates that 25 million workers suffer under conditions of forced labor worldwide.  Foreign companies exploit forced labor to sell goods below market value.  This exposes vulnerable populations to inhumane working conditions like physical and sexual violence, isolation, and restriction of movement.  It also hurts law-abiding businesses, threatens American jobs, and exposes consumers to unwittingly supporting unethical business practices.  It is imperative that importers exercise reasonable care to ensure that the goods they are presenting for importation are not grown, harvested, or produced with forced labor. 

Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the United States can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violations Reporting System or by calling 1-800-BE-ALERT. 

Follow CBP Office of Trade on Twitter @CBPTradeGov.

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U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with securing the borders of the United States while enforcing hundreds of laws and facilitating lawful trade and travel.

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https://www.cbp.gov/newsroom/national-media-release/cbp-issues-withhold-release-order-tomatoes-produced-farm-mexico

CBP Reminds Public of Prohibited Agricultural Items that Can Carry Citrus Greening Disease Ahead of Dia De Los Muertos

Release Date:

October 29, 2021

EL PASO, Texas — With the upcoming All Souls Day (Día de los Muertos) observance on the horizon, U.S. Customs and Border Protection officials in El Paso are advising the traveling public that certain agricultural items used in holiday decorations are prohibited from entry to the U.S. and can carry harmful pests and disease, such as the citrus greening disease.  Also CBP would like to remind the public of prohibited fruits that are commonly transported across the border by travelers during this period. 

“Many members of our community celebrate with altars to remember and honor loved ones during these days of celebration,” said CBP El Paso Director of Field Operations Hector Mancha. “We want to remind border crossers that there are certain types of greenery and citrus that are prohibited from entry. CBP agriculture specialists inspect all floral and agricultural items in an effort to prevent the spread of disease and pests and will be watching for these items in the days ahead.” 

A common type of ornamental greenery known as murraya or orange jasmine is often used in the construction of altars.  Murraya is a host plant for the Asian citrus psyllid, Diaphorina citri Kuwayama, an insect that can carry citrus greening disease and is therefore prohibited from entry into the U.S.

Citrus greening, also known as “huanglongbing,” is a disease caused by a bacterium that can infect most citrus varieties and some ornamental plants (such as orange jasmine); this disease was first detected in the U.S. in 2005 in the state of Florida, Miami-Dade County. According to the U.S. Department of Agriculture (USDA), the disease has seriously affected citrus production in India, Asia, Southeast Asia, the Arabian Peninsula and Africa.

Citrus fruit that is prohibited from personal importation includes the following: oranges, grapefruit, tangerines, sour oranges and sweet limes. Other popular fruits that also are prohibited include guavas, mangoes, peaches and pomegranates.

Failure to declare prohibited agricultural items also can result in fines. Penalties for personal importations of undeclared, prohibited agricultural items, depending on the severity of the violation, can run as high as $1,000 and up to more than $250,000 for commercial importations.

The traveling public can learn more about bringing food items to the U.S. by consulting the attached link. For more information regarding prohibited fruits, vegetables, prepared foods and other items, please consult CBP’s “Know Before You Go” guide link.

For more detailed information about USDA guidelines for bringing agricultural items to the U.S., travelers can also examine the following link.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with securing the borders of the United States while enforcing hundreds of laws and facilitating lawful trade and travel.

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https://www.cbp.gov/newsroom/local-media-release/cbp-reminds-public-prohibited-agricultural-items-can-carry-citrus-3

ALUMINUM FOIL FROM ARMENIA, BRAZIL, OMAN, RUSSIA, AND TURKEY INJURES 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 aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the governments of Oman and Turkey.

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

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

The Commission’s public report Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey (Inv. Nos. 701-TA-658-659 and 731-TA-1538-1542 (Final), USITC Publication 5235, November 2021) will contain the views of the Commission and information developed during the investigations.

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

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey
Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 (Final)

Product Description:  Aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil.

Status of Proceedings:

1.   Type of investigation:  Final countervailing duty and antidumping duty investigations.
2.   Petitioners:  Gränges Americas Inc., Franklin, TN; JW Aluminum Company, Daniel Island, SC; and Novelis Corporation, Atlanta, GA.
3.   USITC Institution Date:  Tuesday, September 29, 2020.
4.   USITC Hearing Date:  Tuesday, September 14, 2021.
5.   USITC Vote Date:  Tuesday, October 19, 2021.
6.   USITC Notification to Commerce Date:  Friday, November 5, 2021.

U.S. Industry in 2020:

1.   Number of U.S. producers:  7.
2.   Location of producers’ plants:  Arkansas, Indiana, Kentucky, Missouri, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, and West Virginia.
3.   Production and related workers:  1,368.
4.   U.S. producers’ U.S. shipments:  $1 billion.
5.   Apparent U.S. consumption:  $2 billion.
6.   Ratio of subject imports to apparent U.S. consumption:  13.8 percent by value. Read More→

https://www.usitc.gov/press_room/news_release/2021/er1019ll1834.htm

United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review

AGENCY:

United States Section, USMCA Secretariat, International Trade Administration, Department of Commerce.

ACTION:

Notice of USMCA Request for Panel Review.

SUMMARY:

A Request for Panel Review was filed on behalf of Deacero S.A.P.I. de C.V. and Deacero USA, Inc. with the United States Section of the USMCA Secretariat on October 8, 2021, pursuant to USMCA Article 10.12. Panel Review was requested of the U.S. Department of Commerce's Final Results in the 2018-2019 Administrative Review of Antidumping Duty Order on Steel Concrete Reinforcing Bar from Mexico. The final determination was published in the Federal Register on September 9, 2021. The USMCA Secretariat has assigned case number USA-MEX-2021-10.12-02 to this request.

FOR FURTHER INFORMATION CONTACT:

Vidya Desai, Acting United States Secretary, USMCA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, 202-482-5438.

SUPPLEMENTARY INFORMATION:

Article 10.12 of Chapter 10 of USMCA provides a dispute settlement mechanism involving trade remedy determinations issued by the Government of the United States, the Government of Canada, and the Government of Mexico. Following a Request for Panel Review, a Binational Panel is composed to review the trade remedy determination being challenged and issue a binding Panel Decision. There are established USMCARules of Procedure for Article 10.12 (Binational Panel Reviews),which were adopted by the three governments for panels requested pursuant to Article 10.12(2) of USMCA which requires Requests for Panel Review to be published in accordance with Rule 40. For the complete Rules, please see https://can-mex-usa-sec.org/​secretariat/​agreement-accord-acuerdo/​usmca-aceum-tmec/​rules-regles-reglas/​article-article-articulo_​10_​12.aspx?​lang=​eng.

Read More→

https://www.federalregister.gov/documents/2021/10/18/2021-22556/united-states-mexico-canada-agreement-usmca-article-1012-binational-panel-review-notice-of-request

USDA Gives Details of New Dairy Export Certificates for Dairy Consignments to Great Britain

Date

October 18, 2021

On September 30, 2021, new dairy export certificates were implemented for U.S. dairy and dairy composite product exports destined for Great Britain (GB) (including England, Wales, Scotland, the Isle of Man and the Channel Islands). Meanwhile, U.S. dairy exports destined for Northern Ireland will continue to use European Union (EU) dairy certificates. If a dairy consignment is imported to GB with onward movement of the dairy products to Northern Ireland or any other country, a new GB-issued export certificate will be required. The new GB dairy certificate is available in the Agricultural Marketing Service’s Agriculture Trade Licensing & Attestation Solution (ATLAS) web-based software.

Background

On January 1, 2021, the United Kingdom (UK) completed its departure from the EU. The UK’s full name is the United Kingdom of Great Britain and Northern Ireland, where Great Britain includes the developed nations of England, Wales and Scotland and their islands. For the purposes of international trade, the Isle of Man and the Channel Islands are in the same Sanitary and Phytosanitary (SPS) zone as Great Britain. However, Northern Ireland remains in the same SPS zone as the EU.

To minimize trade disruptions, UK authorities allowed a transitional period during which exporters may continue using existing EU export certificates to deliver dairy and dairy composite products to the UK market. However, as of September 30, 2021, new GB dairy export certificates have been implemented for U.S. dairy and dairy composite product exports destined for GB.

For more information, contact dairyexportsquestions@usda.gov.

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https://www.ams.usda.gov/content/usda-gives-details-new-dairy-export-certificates-dairy-consignments-great-britain

Final Determination in Countervailing Duty Investigation of Mobile Access Equipment and Subassemblies Thereof from China

On October 13, 2021, the Department of Commerce (Commerce) announced its affirmative final determination in the countervailing duty (CVD) investigation of mobile access equipment and subassemblies thereof (mobile access equipment) from China

Final Subsidy Rates

Case Calendar

Read More→ https://www.trade.gov/faq/final-determination-countervailing-duty-investigation-mobile-access-equipment-and-subassemblies

Final Determinations in the Antidumping and Countervailing Duty Investigations of Utility Scale Wind Towers from India and Malaysia

On October 7, 2021, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty (AD) investigations of utility scale wind towers from India and Malaysia; and countervailing duty (CVD) investigation of utility scale wind towers from India.

Final Rates

Read More→

https://www.trade.gov/faq/final-determination-antidumping-duty-and-countervailing-duty-investigations-utility-scale-wind

Eligibility of the Republic of Poland To Export Poultry and Poultry Products to the United States

AGENCY:

Food Safety and Inspection Service, USDA

ACTION:

Notice and response to comments

SUMMARY:

The Food Safety and Inspection Service (FSIS) is announcing that the Republic of Poland (Poland) is eligible to export poultry products to the United States. FSIS has reviewed Poland's poultry laws, regulations, and inspection system, as implemented, and has determined that they are equivalent to the Poultry Products Inspection Act (PPIA), the regulations implementing this statute, and the United States food safety inspection system for poultry products. Therefore, poultry products derived from poultry slaughtered and processed in certified Polish establishments are now eligible for export to the United States. All such products will be subject to reinspection at United States points-of-entry by FSIS inspectors.

Applicable: Poland's poultry products eligible for import to the United States will be added to the FSIS Import Library (https://www.fsis.usda.gov/​importlibrary ) on October 7, 2021.

FOR FURTHER INFORMATION CONTACT:

Rachel Edelstein, Assistant Administrator, Office of Policy and Program Development by telephone at (202) 205-0495.

SUPPLEMENTARY INFORMATION:

Background

On April 20, 2016, FSIS published a proposed rule in the Federal Register (81 FR 23194) to add Poland to the list of countries in the regulations eligible to export poultry products to the United States. Between the publication of the proposed rule concerning Poland's eligibility and this Federal Register notice, FSIS finalized rulemaking (84 FR 65265; November 27, 2019) to remove the lists of foreign countries eligible to export meat, poultry, and egg products to the United States from its regulations and instead maintain a single list of eligible countries on FSIS' website at:https://www.fsis.usda.gov/​importlibrary. This change allows FSIS to better provide the public with the most accurate and current information. In addition, the final rule affected FSIS' process for implementing equivalence determinations. Instead of publishing proposed and final rules in the Federal Register, FSIS now implements equivalence determinations through Federal Register notices. The criteria FSIS uses to evaluate whether a foreign country is eligible to export meat, poultry, or egg products have not Start Printed Page 55800 changed. FSIS continues to provide an opportunity for public comment when proposing through Federal Register notices to list new countries as eligible to export products to the United States or to list existing countries as eligible to export certain new products. Read More→

https://www.federalregister.gov/documents/2021/10/07/2021-21889/eligibility-of-the-republic-of-poland-to-export-poultry-and-poultry-products-to-the-united-states

Steel Concrete Reinforcing Bar From the Republic of Turkey: Rescission of Countervailing Duty Administrative Review; 2020

AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey), covering the period January 1, 2020, through December 31, 2020.

DATES:

Applicable October 8, 2021.

FOR FURTHER INFORMATION CONTACT:

Peter Shaw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0697.

SUPPLEMENTARY INFORMATION:

Background

On July 1, 2021, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the CVD order on rebar from Turkey.[1] On July 30, 2021, the Rebar Trade Coalition (the petitioner) timely requested that Commerce conduct an administrative review of Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S (Habas).[2] We received no other requests for review. On August 29, 2021, Habas notified Commerce that it had no sales, shipments, or entries of subject merchandise during the period of review (POR).[3] On September 7, 2021, Commerce published in the Federal Register a notice of initiation of an administrative review with respect to Habas, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).[4] On September 15, 2021, Commerce issued a no-shipment inquiry to U.S. Customs and Border Protection (CBP) to corroborate Habas' claim.[5] On September 23, 2021, Commerce notified all interested parties that CBP found no evidence of shipments of subject merchandise produced and exported by Habas during the POR.[6] That same day, Commerce provided all parties an opportunity to comment on CBP's findings.[7] No parties submitted comments. Read More→

https://www.federalregister.gov/documents/2021/10/08/2021-22033/steel-concrete-reinforcing-bar-from-the-republic-of-turkey-rescission-of-countervailing-duty