ORGANIC SOYBEAN MEAL FROM INDIA INJURES U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry was materially injured by reason of imports of organic soybean meal from India that the U.S. Department of Commerce (Commerce) has determined is 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 this product from India.

The Commission’s public report Organic Soybean Meal from India (Inv. No. 701-TA-667 and 731-TA-1559 (Final), USITC Publication 5321, May 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by May 25, 2022; 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

Organic Soybean Meal from India
Investigation Nos. 701-TA-667 and 731-TA-1559 (Final)

roduct Description:  The merchandise subject to these investigations is certified organic soybean Meal (OSBM). Certified organic soybean meal results from the mechanical pressing of certified organic soybeans into ground products known as soybean cake, soybean chips, or soybean flakes, with or without oil residues. Soybean cake is the product after the extraction of part of the oil from soybeans. Soybean chips and soybean flakes are produced by cracking, heating, and flaking soybeans and reducing the oil content of the conditioned product. Certified organic soybean meal is certified by the U.S. Department of Agriculture (USDA) National Organic Program (NOP) or equivalently certified to NOP standards or NOP-equivalent standards under an existing organic equivalency or recognition agreement. Certified organic soybean meal covered by these investigations has a protein content of 34 percent or higher. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0418ll1918.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING WELDED STAINLESS STEEL PRESSURE PIPE FROM INDIA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty and countervailing duty orders on imports of welded stainless steel pressure pipe from India 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 India 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 Welded Stainless Steel Pressure Pipe from India (Inv. Nos. 701-TA-548 and 731-TA-1298 (First Review), USITC Publication 5320, April 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by May 6, 2022; 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. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0415ll1917.htm

Commerce Department Expands Restrictions on Exports to Russia and Belarus in Response to Ongoing Aggression in Ukraine

Today, the Department of Commerce, through the Bureau of Industry and Security (BIS), is issuing a final rule that expands its highly restrictive controls on the export and reexport of U.S.-origin and certain foreign-produced commodities, software, and technologies to Russia and Belarus, further choking off access to inputs and products needed to sustain their military capabilities.

As a result of the rule issued today, BIS has imposed highly restrictive license requirements on all categories of items on the Commerce Control List (CCL) to Russia and Belarus, which expands U.S. scrutiny of transactions to almost any sensitive dual-use technology, software, or commodities that could be used to support Russia’s war effort. Furthermore, by applying a policy of denial to applications involving these items, the U.S. is effectively cutting off Russia and Belarus from access to a range of items. These restrictions should continue to severely degrade Russia’s ability to sustain its aggression, as supported by Belarus.

“Last weekend’s horrific revelations are further evidence that Russia’s brutality must be met strongly by the international community. The Department of Commerce is using the authorities it has to respond to Putin’s depravity,” said Secretary of Commerce Gina M. Raimondo. “Today’s action by BIS, in cooperation with our international allies and partners, shows that we will continue to apply pressure on Russia’s and Belarus’s strategic sectors to degrade their military capabilities.”

“It’s difficult to see the images and hear the reports from Bucha and not be deeply affected. Vladimir Putin’s campaign of destruction is appalling, and the United States and our allies and partners will continue applying severe pressure in multiple ways to bring an end to this carnage,” said Deputy Secretary of Commerce Don Graves. “The Department of Commerce will continue to use the authorities it has to do its part in that international and interagency effort.”

“Vladimir Putin’s absolute disregard for the humanity of the people of Ukraine demonstrates why Russia’s military must be cut off from the high-tech commodities, software, and technologies that the U.S. and our allies and partners produce,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “Russia and Belarus have used their access to inputs and products not to purse peaceful prosperity but instead to commit atrocities. Today’s action will further isolate Russia and Belarus and stifle their military capacity.” Read More→

https://www.commerce.gov/news/press-releases/2022/04/commerce-department-expands-restrictions-exports-russia-and-belarus

Commerce Announces Addition of Iceland, Liechtenstein, Norway, and Switzerland to Global Export Controls Coalition

Today, the U.S. Commerce Department, through the Bureau of Industry and Security (BIS), is issuing a rule that formally adds the nations of Iceland, Liechtenstein, Norway, and Switzerland to the growing global coalition of nations that are cooperating in our stand against Russian aggression, and Belarusian complicity, through their implementation of similarly stringent export controls. Multilateral application of export controls is a force-multiplier in cutting Russia and Belarus off from the commodities, technologies, and software necessary to sustain their aggression, depriving their defense, aerospace, and maritime sectors of key materials.

“The more countries that agree to implement tough export controls, the less chance Vladimir Putin has to obtain the commodities, software, and technologies that he needs to sustain his brutal war machine,” said Secretary of Commerce Gina M. Raimondo. “We welcome the commitment of Iceland, Liechtenstein, Norway, and Switzerland to joining the U.S. and 33 other allies and partners in standing together against Putin’s aggression.”

“Today’s rule recognizes the strong partnership we have with Iceland, Liechtenstein, Norway, and Switzerland in standing up for democracy and in solidarity with the people of Ukraine,” said Deputy Secretary of Commerce Don Graves. “The effectiveness of export controls is enhanced greatly when we are joined by committed international allies and partners. The more our coalition grows, the fewer places Putin and the Kremlin can turn for aid.”

“The growing coalition of committed allies and partners standing with Ukraine demonstrates that Putin badly miscalculated if he thought the international community would turn a blind eye to his brutal aggression,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “Iceland, Liechtenstein, Norway, and Switzerland are committed to strong export controls in response to Russia’s senseless war, and they are key partners in our international response. The controls these countries have implemented further technologically isolate Russia and its supporter Belarus.”

Under a rule issued and implemented today by BIS, Iceland, Liechtenstein, Norway, and Switzerland are added to the list of countries that are excluded from certain license requirements of the U.S. Russia/Belarus Sanctions rules, including the foreign direct product (FDP) rules for Russia/Belarus and Russian/Belarusian Military End Users (MEUs). Iceland, Liechtenstein, Norway, and Switzerland join Australia, Canada, the 27 member states of the European Union (EU), Japan, the Republic of Korea, New Zealand, and the United Kingdom, bringing the total number of countries excluded from application of the FDP rules to 37. Read More→

https://www.commerce.gov/news/press-releases/2022/04/commerce-announces-addition-iceland-liechtenstein-norway-and

APHIS amends entry requirements for importation of potato (Solanum tuberosum) from Prince Edward Island, Canada to prevent introduction of potato wart pathogen Synchytrium endobioticum

To: State and Territory Agricultural Regulatory Officials

Effective immediately, the United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) is amending its requirements for the importation of potato (Solanum tuberosum) from Prince Edward Island (PEI), Canada to prevent the introduction of potato wart (causal agent Synchytrium endobioticum) into the United States.

Synchytrium endobioticum (S. endobioticum) is regulated by APHIS as a Select Agent. Potato wart is known to affect only the domestic potato (Solanum tuberosum) and two wild potato species (Solanum spp.). The fungus overwinters in the soil as spores and may remain viable for 40 years or more in the absence of a host plant. The spores can survive a wide range of environmental conditions, including conditions in storage and transport. A low level of resting spores in tubers or soil is sufficient for the spread of the pathogen. The movement of infected potato tubers and contaminated soil are documented as important pathways for the introduction of S. endobioticum to new areas. There are no treatments available to control potato wart.

Prior to the issuance of Federal Order DA-2022-14, APHIS regulated the importation of potatoes from Canada according to the requirements of Federal Order DA-2015-01 issued on January 26, 2015. That order allowed the importation of table stock, bulk, unwashed, and seed potatoes from PEI with a phytosanitary certificate and under specified conditions.  

Potato wart was first reported in a processing potato field in PEI in 2000.   Since the initial detection 21 years ago, S. endobioticum had been detected in PEI in a total of 34 fields. In 2021, the Canadian Food Inspection Agency (CFIA) reported two new potato wart infestations, which resulted in Canada’s issuance of a Ministerial Order that suspended the certification of potato exports from PEI to the United States. Canada has requested that APHIS allow the resumption of potato imports under new conditions given the latest detections, and subsequent confirmatory analysis in February 2022.

To prevent the introduction of S. endobioticum into the United States, APHIS is replacing Federal Order DA-2015-01 with Federal Order DA-2022-14.  The Federal Order DA-2022-14 prohibits the importation of field-grown seed potatoes from PEI into the United States and allows the importation of potatoes for consumption that meet the specified conditions, as well as all other applicable USDA regulations.

For additional information regarding this Federal Order, please contact Senior Regulatory Policy Specialist Narasimha Chary Samboju at 301-851-2038 or narasimha.c.samboju@usda.gov.

https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/stakeholder-messages/plant-health-news/potatos-pei-entry-requirements

CSMS #51575437 - GUIDANCE: Suspending Normal Trade Relations with Russia and Belarus

On April 8, 2022, President Biden signed into law H.R. 7108, the “Suspending Normal Trade Relations with Russia and Belarus Act.”  Effective for shipments entered or withdrawn for consumption on or after April 9, 2022, the rates of duty set forth in Column 2 of the Harmonized Tariff Schedule of the United States (HTSUS) shall apply to all products of the Russian Federation and of the Republic of Belarus. 

Pursuant to H.R. 7108, should the President increase the rates of duty applicable to products of the Russian Federation and of the Republic of Belarus above the Column 2 rates of duty, CBP will issue a follow-up CSMS message.

For questions, please contact CBP’s Office of Trade, Commercial Operations, Revenue, and Entry (CORE) Division at OTENTRYSUMMARY@cbp.dhs.gov.

https://content.govdelivery.com/bulletins/gd/USDHSCBP-312fa8d?wgt_ref=USDHSCBP_WIDGET_2

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN POWER SEMICONDUCTORS, AND MOBILE DEVICES AND COMPUTERS CONTAINING SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain power semiconductors, and mobile devices and computers 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 Arigna Technology Limited of Dublin, Ireland on February 7, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain power semiconductors, and mobile devices and computers containing same.  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:

Samsung Electronics Co., Ltd. of Suwon, Republic of Korea; 
Samsung Electronics America, Inc. of Ridgefield Park, NJ; 
Apple Inc. of Cupertino, CA; 
Google LLC of Mountain View, CA; 
TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong; 
TTE Technology, Inc. of Corona, CA; 
TCT Mobile (US) Inc. of Irvine, CA; 
TCL Communication Limited of Hong Kong Science Park, Hong Kong; 
Lenovo Group Ltd. of Beijing, China; 
Lenovo (United States) Inc. of Morrisville, NC; 
Motorola Mobility LLC of Chicago, IL; 
Microsoft Corporation of Redmond, WA; and 
OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China.

By instituting this investigation (337-TA-13xx), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

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

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USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CORE ORIENTATION SYSTEMS, PRODUCTS CONTAINING CORE ORIENTATION SYSTEMS, COMPONENTS THEREOF, AND METHODS OF USING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain core orientation systems, products containing core orientation systems, components thereof, and methods of using the same.  The products at issue in the investigation are described in the Commission’s notice of investigation. [link to notice]

The investigation is based on a complaint filed by Australian Mud Company Pty Ltd. of Balcatta, Western Australia, Australia and Reflex USA LLC of Chandler, AZ on March 1, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain core orientation systems, products containing core orientation systems, components thereof, and methods of using the same.  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:

Boart Longyear Group Ltd. of West Valley City, UT; 
Boart Longyear Limited of Adelaide Airport, South Australia, Australia; 
Boart Longyear Company of West Valley City, UT; 
Boart Longyear Manufacturing and Distribution Inc. of West Valley City, UT;
Longyear TM, Inc. of West Valley City, UT; 
Globaltech Corporation Pty Ltd. of Forrestfield, Western Australia, Australia; 
Globaltech Pty Ltd. of Forrestfield, Western Australia, Australia;
Granite Construction Incorporated of Watsonville, CA; and
International Directional Services LLC of Chandler, AZ. 

By instituting this investigation (337-TA-1309), 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/2022/er0330ll1911.htm

United States and Japan Reach an Agreement to Increase Beef Safeguard Trigger Level Under the U.S.-Japan Trade Agreement

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain power semiconductors, and mobile devices and computers 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 Arigna Technology Limited of Dublin, Ireland on February 7, 2022.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain power semiconductors, and mobile devices and computers containing same.  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:

Samsung Electronics Co., Ltd. of Suwon, Republic of Korea; 
Samsung Electronics America, Inc. of Ridgefield Park, NJ; 
Apple Inc. of Cupertino, CA; 
Google LLC of Mountain View, CA; 
TCL Electronics Holdings Limited of Hong Kong Science Park, Hong Kong; 
TTE Technology, Inc. of Corona, CA; 
TCT Mobile (US) Inc. of Irvine, CA; 
TCL Communication Limited of Hong Kong Science Park, Hong Kong; 
Lenovo Group Ltd. of Beijing, China; 
Lenovo (United States) Inc. of Morrisville, NC; 
Motorola Mobility LLC of Chicago, IL; 
Microsoft Corporation of Redmond, WA; and 
OnePlus Technology (Shenzhen) Co., Ltd. of Guangdong, China.

By instituting this investigation (337-TA-13xx), 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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Tai, Raimondo Statements on 232 Tariff Agreement with United Kingdom

Novel Agreement with Critical Trade Partner Showcases Historic Trade Relationship Between the Two Countries and Will Counter Unfair Trade practices by China That Harm our Industries and Workers

WASHINGTON — Today, United States Trade Representative Katherine C. Tai and United States Secretary of Commerce Gina M. Raimondo announced a new 232 tariff agreement with the United Kingdom to allow historically-based sustainable volumes of U.K. steel and aluminum products to enter the U.S. market without the application of Section 232 tariffs.  In addition to novel smelt and cast requirements on aluminum, this deal also requires that any U.K. steel company owned by a Chinese entity must undertake an audit of their financial records to assess influence from the People’s Republic of China government. The results of these audits must also be shared with the United States.

This critical deal will not only help to ensure the long-term viability of our steel and aluminum industries, and protect American jobs, but once implemented, it will also lift retaliatory tariffs on over $500 million worth of U.S. exports to the U.K., including distilled spirits, various agriculture products and consumer goods. This deal serves as another example of President Biden’s commitment to rebuilding and strengthening relationships with our vital Allies and partners, while working together to address unfair practices by countries like China.

Ambassador Tai and Secretary Raimondo released the following statements:

Statement from Ambassador Katherine Tai:

“The deal announced today delivers on President Biden’s vision to work with our allies and partners to address shared challenges while also helping to ensure the long-term viability of our steel and aluminum industries, the communities they support, and most importantly, the workers in these industries on both sides of the Atlantic. In addition to the U.K. eliminating the retaliatory tariffs against the United States, we have also agreed to continue engaging on the threat posed by carbon intensive non-market excess capacity in the steel and aluminum industries.
 
“Throughout these negotiations and our successful effort to resolve the Boeing-Airbus dispute last year, Secretary of State for International Trade Anne-Marie Trevelyan and Secretary of State for Foreign, Commonwealth and Development Affairs Liz Truss have been thoughtful, honest partners. This renewed cooperation and shared commitment to creating durable trade policy that puts workers front and center will lead to greater prosperity for our citizens on both sides of the Atlantic and around world.”

Statement from Commerce Secretary Gina M. Raimondo:

“Since taking office, President Biden has made it a top priority to rebuild our relationships with our allies and partners around the world as we work to counter China’s unfair trade practices and ensure that America is able to compete globally in the 21st century. Today’s historic deal is a testament to that ambitious goal and will benefit America’s steel and aluminum industries and workers by protecting manufacturing, as well as consumers by easing inflationary pressures in the U.S. By allowing for a flow of duty-free steel and aluminum from the UK, we further ease the gap between supply and demand for these products in the United States.  And by removing the UK’s retaliatory tariffs, we reopen the British market to beloved American products. 

“I want to thank my counterpart, U.K. Secretary of State for International Trade Anne-Marie Trevelyan, for her part in this effort, which brings our countries closer together and represents a win-win for both businesses and consumers in the U.S. and the U.K.”

For details and language about the agreements, please view these documents: 

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Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties

AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security.

ACTION:

General notice.

SUMMARY:

This notice advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter. For the calendar quarter beginning April 1, 2022, the interest rates for overpayments will be 3 percent for corporations and 4 percent for non-corporations, and the interest rate for underpayments will be 4 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and U.S. Customs and Border Protection personnel.

DATES:

The rates announced in this notice are applicable as of April 1, 2022.

FOR FURTHER INFORMATION CONTACT:

Bruce Ingalls, Revenue Division, Collection Refunds & Analysis Branch, 6650 Telecom Drive, Suite #100, Indianapolis, Indiana 46278; telephone (317) 298-1107.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to 19 U.S.C. 1505 and Treasury Decision 85-93, published in the Federal Register on May 29, 1985 (50 FR 21832), the interest rate paid on applicable overpayments or underpayments of customs duties must be in accordance with the Internal Revenue Code rate established under 26 U.S.C. 6621 and 6622. Section 6621 provides different interest rates applicable to overpayments: One for corporations and one for non-corporations.

The interest rates are based on the Federal short-term rate and determined by the Internal Revenue Service (IRS) on behalf of the Secretary of the Treasury on a quarterly basis. The rates effective for a quarter are determined during the first-month period of the previous quarter.

In Revenue Ruling 2022-05, the IRS determined the rates of interest for the calendar quarter beginning April 1, 2022, and ending on June 30, 2022. The interest rate paid to the Treasury for underpayments will be the Federal short-term rate (1%) plus three percentage points (3%) for a total of four percent (4%) for both corporations and non-corporations. For corporate overpayments, the rate is the Federal short-term rate (1%) plus two percentage points (2%) for a total of three percent (3%). For overpayments made by non-corporations, the rate is the Federal short-term rate (1%) plus three percentage points (3%) for a total of four percent (4%). These interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties are increased from the previous quarter. These interest rates are subject to change for the calendar quarter beginning July 1, 2022, and ending on September 30, 2022. Read More→

Enhanced Transparency and Access to Information for Debtors and Sureties in the Automated Commercial Environment

AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security.

ACTION:

General notice.

SUMMARY:

This document announces that U.S. Customs and Border Protection (CBP) is making three enhancements to CBP's debt management processes to increase transparency and access to information for debtors and sureties. One of the enhancements will support importers of record, licensed customs brokers, and other Automated Commercial Environment (ACE) account users who owe debts to CBP by enabling the electronic viewing of bill sanction status and protest details in the unpaid, open bill details report in ACE. The other two enhancements will facilitate compliance for sureties by providing electronic access to the monthly report listing open delinquent bills by importer name (i.e., the Formal Demand on Surety for Payment of Delinquent Amounts Due, also informally referred to as the 612 Report) in ACE (in lieu of CBP emailing this information to sureties) and improving the content and design of the mailed 612 Report.

DATES:

On March 21, 2022, CBP will deploy updates to enable the electronic viewing of bill sanction status and protest details in the unpaid, open bill details report in ACE. Additionally, on May 1, 2022, sureties may begin to view the electronic 612 Report in ACE (in lieu of CBP emailing this information to sureties) and CBP will transition to the updated mailed 612 Report. Read More→

https://www.federalregister.gov/documents/2022/03/16/2022-05547/enhanced-transparency-and-access-to-information-for-debtors-and-sureties-in-the-automated-commercial

USITC TO INVESTIGATE U.S.-HAITI TRADE AND THE IMPACT OF U.S. PREFERENCE PROGRAMS

The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on U.S.-Haiti trade and the impact of U.S. trade preference programs on Haiti’s economy and workers. The Commission’s report will provide an overview of Haiti’s international trade since 1980, with special emphasis of the impact of the Caribbean Basin Economic Recovery Act (CBERA), Generalized System of Preferences (GSP), Haitian Hemispheric Opportunity through Partnership Encouragement (HOPE) Act of 2006, HOPE II in 2008, and the Haiti Economic Lift Program (HELP) in 2010, and the Trade Acts of 2000 and 2002 on Haiti’s trading relationship with the United States, Haiti’s economy, and workers.

The investigation, U.S.-Haiti Trade: Impact of U.S. Preference Programs on Haiti’s Economy and Workers, Inv. No. 332-590, was requested by the U.S. House of Representatives Committee on Ways and Means (Committee) in a letter received on February 22, 2022. The Committee noted in its letter that the HOPE and HELP preference programs will expire on September 30, 2025.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report for the Committee. The report will provide, to the extent practicable:

  • an overview of the Haitian economy and its competitiveness;

  • an examination of the role of U.S. preference programs in shaping Haiti’s economy; and

  • case studies on goods currently and historically exported from Haiti such as apparel, tropical fruits, and sporting goods, including baseballs, softballs, and basketballs.

The USITC expects to submit its report to the Committee by December 22, 2022.

The USITC will hold a public hearing in connection with the investigation via an online video conference platform, beginning at 9:30 a.m. on May 26, 2022.  More detailed information about the hearing, including how to participate, will be posted on the Commission’s website no later than April 22, 2022, at https://usitc.gov/research_and_analysis/what_we_are_working_on.htm. 

Requests to appear at the hearing should be filed no later than 5:15 p.m. on May 4, 2022 with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on June 23, 2022. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations. Read More→

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

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, 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 Zebra Technologies Corporation of Lincolnshire, IL and Symbol Technologies, LLC of Holtsville, NY on February 7, 2022.  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, components thereof, and products containing the same.  The complainants request that the USITC issue a limited exclusion order and a permanent cease and desist order. 

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

Honeywell International Inc. of Charlotte, NC; and
Hand Held Products, Inc. of Charlotte, NC.

By instituting this investigation (337-TA-1307), 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/2022/er0310ll1906.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING POLYETHYLENE TEREPHTHALATE RESIN FROM CANADA, CHINA, INDIA, AND OMAN

The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty orders on imports of polyethylene terephthalate (PET) resin from China and India and antidumping duty orders on PET resin from Canada, China, India, and Oman 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 Canada, China, India, and Oman 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 Polyethylene Terephthalate Resin from Canada, China, India, and Oman (Inv. Nos. 701-TA-531-532 and 731-TA-1270-1273 (First Review), USITC Publication 5298, March 2022) will contain the views of the Commission and information developed during the reviews.

The report will be available by April 20, 2022; 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/2022/er0310ll1907.htm

Commerce Takes Further Actions to Target Russian Strategic Industries and Punish Enablers of Aggression

The U.S. Commerce Department, through its Bureau of Industry and Security (BIS), has taken two additional actions in response to Russia’s brutal assault on the sovereignty of Ukraine.

The new regulations target Russia’s oil refining sector with new stringent export controls and identify 91 entities that support Russian military activities. These actions will further restrict access to U.S. commodities, software, and technology as part of our ongoing efforts to degrade Russia’s ability to acquire the items it needs to sustain its military aggression.

“With each passing day, as Russia continues its assault on Ukraine, it finds itself with fewer places to turn for economic and material support,” said Secretary of Commerce Gina M. Raimondo. “The United States and our allies and partners will continue to stand strong with the people of Ukraine and today’s actions will further restrict Russia’s access to revenue to support its aggression.”

“We remain dedicated to standing with the Ukrainian people in their fight against Russia’s aggression,” said Deputy Secretary of Commerce Don Graves. “This is truly a moment of reckoning for our values. Our message to Ukraine is: We are with you, and you have the might of the U.S. and a growing list of partners behind you.”

“Watching Ukrainians of all ages pitching in any way they can to save their country is as heartbreaking as it is inspiring,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “BIS is proud to be leading these new, strong efforts to further erode Russia’s ability to finance its military and punish those who seek to support them.”

BIS issued two rules which took take effect when publicly released by the Federal Register on March 3, 2022.

The first rule builds on existing restrictions BIS put in place on the Russian deepwater oil and gas exploration and extraction industries in 2014 by imposing a policy of denial on such items and applying similarly stringent restrictions on a wide variety of items necessary for refining oil. Russia is one of the world’s leading producers of oil products and these restrictions will limit its ability to raise revenue from the sale of refined products, including gasoline, that it can use to support its military efforts. The text of this rule is available here.
Read More→

https://www.commerce.gov/news/press-releases/2022/03/commerce-takes-further-actions-target-russian-strategic-industries-and

Imposition of Sanctions Against Belarus Under the Export Administration Regulations (EAR)

AGENCY:

Bureau of Industry and Security, Department of Commerce.

ACTION:

Final rule.

SUMMARY:

In response to Belarus's substantial enabling of the Russian Federation's (Russia)'s further invasion of Ukraine, this rule is adding new license requirements and review policies for Belarus to the Export Administration Regulations (EAR) to render Belarus subject to the same sanctions that were imposed on Russia under the EAR effective February 24, 2022. These new sanctions impose new Commerce Control List (CCL)-based license requirements for Belarus; revise the two foreign “direct product” rules (FDP rules) that are specific to Russia and Russian `military end users' to make them also applicable to Belarus and Belarusian `military end users;' specify a license review policy of denial applicable to all of the license requirements on Belarus that are being added in this rule, with certain limited exceptions; significantly restrict the use of EAR license exceptions; expand the existing `military end use' and `military end user' control scope to include Belarus for all items “subject to the EAR” other than food and medicine designated EAR99; and add two new Belarusian entities to the Entity List as `military end users.' This rule also imposes a license requirement for nuclear nonproliferation items for exports and reexports to Belarus and removes Belarus from Country Group A:4 under the EAR. In addition, for Belarus and Russia, this rule amends the availability of License Exceptions AVS and ENC and includes clarifying guidance on the availability of CCD.

DATES:

This rule is effective on March 2, 2022.

https://www.federalregister.gov/documents/2022/03/08/2022-04819/imposition-of-sanctions-against-belarus-under-the-export-administration-regulations-ear

NEW DATA TOOL UNVEILED TO HELP KEEP AMERICAN ALUMINUM INDUSTRY COMPETITIVE

FOR IMMEDIATE RELEASE
March 1, 2022
Contact: Office of Public Affairs
publicaffairs@trade.gov
(202) 482-3809

WASHINGTON – Today, the International Trade Administration (ITA) unveiled the Country of Most Recent Cast dashboard, a new addition to the Aluminum Import Monitor (AIM). The new dashboard uses information gathered from licenses required as of June 2021 for all covered aluminum imports into the United States.

The AIM Country of Most Recent Cast dashboard includes the country where the aluminum was last liquified by heat and then cast into a solid state either with or without alloying elements. This new feature provides more transparency on aluminum flows before they enter the United States and will allow industry to evaluate shifts in trade patterns in order to identify potential areas of fraud, evasion or circumvention in almost near real time.

“This new tool will help U.S. industry understand global aluminum trade flows and empower them to take action when the rules are not being followed in foreign markets,” said Assistant Secretary for Enforcement & Compliance Lisa Wang. “These never-before-seen data sets are critical to our trade enforcement efforts which keep American aluminum companies and their workers competitive.”

Aluminum importers are required to register and obtain a license through ITA’s AIM licensing portal. The AIM portal is overseen by ITA’s Enforcement & Compliance unit, and the licenses are free, automatic, and require importers to provide shipment information typically found in Customs documentation, as well as country of cast and smelt. ITA will hold a virtual demo of its new AIM Country of Most Recent Cast dashboard on Wednesday, March 9, at 2:00 p.m. ET. Please RSVP to aluminum.license@trade.gov.

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https://www.trade.gov/press-release/new-data-tool-unveiled-help-keep-american-aluminum-industry-competitive

Global Business Identifier (GBI)

AGENCY:

U.S. Customs and Border Protection (CBP), Department of Homeland Security.

ACTION:

30-Day notice and request for comments; this is a new collection of information.

SUMMARY:

The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.

DATES:

Comments are encouraged and must be submitted no later than April 1, 2022 to be assured of consideration. Read More→

https://www.federalregister.gov/documents/2022/03/02/2022-04322/global-business-identifier-gbi

Commerce Implements Sweeping Restrictions on Exports to Russia in Response to Further Invasion of Ukraine

Today, the U.S. Commerce Department, through its Bureau of Industry and Security (BIS), responded to Russia’s further invasion of Ukraine by implementing a sweeping series of stringent export controls that will severely restrict Russia’s access to technologies and other items that it needs to sustain its aggressive military capabilities. These controls primarily target Russia’s defense, aerospace, and maritime sectors and will cut off Russia’s access to vital technological inputs, atrophy key sectors of its industrial base, and undercut its strategic ambitions to exert influence on the world stage. BIS’s actions, along with those of the Department of the Treasury, are part of the Biden-Harris Administration’s swift and severe response to Russian aggression. These measures also reflect momentous cooperation among the United States, the European Union (EU), Japan, Australia, United Kingdom, Canada, and New Zealand, with more expected to join, in aligning on export control policies and requirements. If necessary, based upon any subsequent destabilizing actions by Russia, the U.S. government will follow up in the days to come with additional stringent economic measures.

The export control measures announced today are the most comprehensive application of Commerce’s export authorities on U.S. items, including technology, as well as on foreign items produced using U.S. equipment, software, and blueprints, targeting a single nation. These actions, in concert with those that our partners are taking, restrict Russia’s access to items that can support the country’s defense industrial base and military and intelligence services.

“Russia’s actions are an immediate danger to those living in Ukraine, but also pose a real threat to democracy throughout the world,” said Secretary of Commerce Gina M. Raimondo. “By acting decisively and in close coordination with our allies and partners, we are sending a clear message today that the United States of America will not tolerate Russia's aggression against a democratically-elected government. The Commerce Department, along with our partners internationally and across the Biden-Harris Administration, will continue to use every tool at our disposal to restrict products, software, and technology that support Russia’s military capabilities.”

“Russia’s attack on Ukraine is an attack on the democratic, rules-based order and the United States must meet this aggression with real consequences,” said Deputy Secretary of Commerce Don Graves. “This coordinated policy is a strong statement of solidarity from the United States and the international community with the people of Ukraine. This powerful response was developed in close consultation with our global allies and partners to cut the Russian military off from the technologies and products it needs to sustain its unprovoked and unacceptable aggression.”

“With these export controls, we, together with our allies and partners, are technologically isolating Russia and degrading its military capabilities,” said Assistant Secretary of Commerce for Industry and Security Thea D. Rozman Kendler. “Russia’s access to cutting-edge U.S. and partner country technology will halt.  Its defense industrial base and military and intelligence services will not be able to acquire most Western-made products.  Even most products made overseas using sensitive U.S. technology will be restricted for export to Russia. Russia’s violation of Ukraine’s territorial integrity and sovereignty warrants this swift and expansive export controls response.”

BIS’s Russia-specific export control measures impose a policy of denial on sensitive items Moscow relies on for its defense, aerospace, and maritime industries. These items, many of which were not previously subject to controls when destined for Russia, include semiconductors, computers, telecommunications, information security equipment, lasers, and sensors.  Today’s rule also imposes stringent controls on 49 Russian military end users, which have been added to BIS’s Entity List. The EU, Japan, Australia, United Kingdom, Canada, and New Zealand have announced plans to implement substantially similar restrictions and are exempted from new requirements for items produced in their countries. This powerful international response will have serious consequences for the Russian military and defense sector and sends a clear message of our solidarity with the Ukrainian people and additional countries are expected to join in this effort.

These BIS actions were taken under the authority of the Export Control Reform Act of 2018 and its implementing regulations, the Export Administration Regulations (EAR).

The regulation will take effect when it is publicly released by the Federal Register on Thursday, February 24, 2022.

For more information, visit www.bis.doc.gov.

The regulation will take effect when it is publicly released by the Federal Register on Thursday, February 24, 2022, and is available here. A fact sheet is available here. 

Additional information on the Biden-Harris Administration’s response is available here.

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https://www.commerce.gov/news/press-releases/2022/02/commerce-implements-sweeping-restrictions-exports-russia-response