USTR Announces Next Steps in Statutory Four-Year Review of China 301 Tariffs

October 12, 2022

WASHINGTON – The Office of the United States Trade Representative today announced the next steps in the statutory four-year review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation following requests for continuation from representatives of domestic industries
 
As explained in a formal notice, USTR is seeking public comments, consistent with the statutory directive, to consider the effectiveness of the actions in achieving the objectives of the investigation, other actions that could be taken, and the effects of the actions on the United States economy, including consumers.  
 
USTR is establishing an electronic portal, scheduled to open on November 15, 2022, that will include more detailed questions on these issues, including questions about the impact of the actions on U.S. workers, U.S. small businesses, U.S. manufacturing, critical supply chains, U.S. technological leadership, and possible tariff inversions (i.e., where additional tariffs on goods are lower than additional tariffs on inputs used to produce those goods).  To facilitate the public’s preparation of comments, USTR intends to post the questions by November 1, in advance of the docket opening.   
 
USTR’s formal notice of the next steps in the review is also posted on USTR.gov. 
 
In May 2022, USTR commenced the statutory four-year review process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation.  In September 2022, USTR announced that because requests for continuation were received, the tariff actions had not terminated and USTR would conduct a review of the tariff actions.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/october/ustr-announces-next-steps-statutory-four-year-review-china-301-tariffs

Commerce Implements New Export Controls on Advanced Computing and Semiconductor Manufacturing Items to the People’s Republic of China (PRC)

https://www.bis.doc.gov/index.php/documents/about-bis/newsroom/press-releases/3158-2022-10-07-bis-press-release-advanced-computing-and-semiconductor-manufacturing-controls-final/file

USDA Proposes Additional Requirements for Imported Chilean Table Grapes

Washington, D.C., October 13, 2022 – The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) proposes to revise the conditions under which table grapes from Chile may be imported into the United States.

Currently, table grapes from Chile must be fumigated with methyl bromide to mitigate for the Chilean false red mite, Brevipalpus chilensis, and the European Grapevine Moth, Lobesia botrana. APHIS is proposing that table grapes from areas in which the moth is either absent or at very low prevalence could be imported into the United States under a systems approach or irradiation. The systems approach would provide an alternative to the current import requirement of mandatory treatment with methyl bromide fumigation.

APHIS prepared a pest risk assessment and a commodity import evaluation document. The commodity import evaluation identifies the phytosanitary measures that could be applied to table grapes from new areas of Chile without increasing the risk of introducing pests.

APHIS is making the pest risk assessment and commodity import evaluation available to the public for review and comment until December 16, 2022, 60 days from date of publication. To view the documents, go to www.regulations.gov, and enter APHIS-2021-0078 in the search field effective Monday, October 17, 2022.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2022/chilean-table-grapes

Submission of Food and Drug Administration Import Data in the Automated Commercial Environment for Veterinary Devices

AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final rule.

SUMMARY:

The Food and Drug Administration (FDA, the Agency, or we), with the Department of the Treasury's concurrence, is amending its regulations to require that certain data elements be submitted for veterinary devices that are being imported or offered for import in the Automated Commercial Environment (ACE) or any other electronic data interchange (EDI) system authorized by U.S. Customs and Border Protection (CBP), in order for CBP to process the filing and to help FDA in determining the admissibility of those veterinary devices. This final rule will make the submission of the general data elements currently required to be submitted in ACE for other FDA-regulated products at the time of entry also required in ACE for veterinary devices being imported or offered for import into the United States. This final rule will increase effective and efficient admissibility review by FDA of those entry lines containing a veterinary device, which will protect public health by allowing the Agency to focus its limited resources on FDA-regulated products that may be associated with a greater public health risk.

DATES:

This rule is effective November 17, 2022. Read More→

https://www.federalregister.gov/documents/2022/10/18/2022-22532/submission-of-food-and-drug-administration-import-data-in-the-automated-commercial-environment-for

Customs Broker Modernization Regulations 19 CFR 111

Background on Customs Broker Modernization Regulations Changes  ​

The Customs broker regulations in part 111 of title 19 of the Code of Federal Regulations (19 CFR 111) have been subject to review by the broker community, CBP, and the Commercial Customs Operations Advisory Council (COAC) for several years. During this time, CBP solicited feedback from the trade community through webinars, port meetings and trade association meetings, aiming to promote transparency and collaboration while modernizing regulations to reflect the role of the broker in today’s business environment.  

In the April 2016 COAC public meeting, the COAC Broker Regulations Working Group (BRWG) made 37 recommendations to modernize 19 CFR 111. The COAC BRWG included participants from the trade community and CBP representatives. BRWG Recommendations focused on the following areas: the evolving role of the broker; confidentiality, cybersecurity and record retention; responsible supervision and control and employee reporting; and licensing and permits. Included in those recommendations were a proposed single, national permit for brokers, as well as electronic process changes.  

The two Notices of Proposed Rulemaking (NPRMs), published June 5, 2020, reflected many of these recommendations and proposed changes to align the broker regulations with contemporary business practices in the electronic environment. Considering the proposed changes and public comments received in response to the NPRMs, CBP published two Final Rules on October 18, 2022, Modernization of the Customs Broker Regulations (87 FR 63267) and Elimination of Customs Broker District Permit Fee (87 FR 63262). These rules modernize the customs broker regulations and provide resource optimization for both industry and CBP and will update compliance requirements to protect revenue and strengthen CBP’s knowledge of importers.  

Key changes in the Final Rules include:

• Creating a new term and definition for "Processing Center"

• Transitioning to a national permit framework

• Increasing license application fees and expanding forms of payment

• Codifying that U.S. customs business is conducted within the U.S. customs territory

• Revising regulations regarding the broker/client relationship

• Updating the responsible supervision and control oversight framework

• Strengthening cyber security and records requirements

• Modernizing broker reporting and the electronic data interface (ACE) capabilities through the broker account portal

• Changing broker exam and licensing processes Read More→

https://www.cbp.gov/trade/programs-administration/customs-brokers/modernization

APHIS’ Plant Protection and Quarantine Implements Risk-Based Sampling for Bananas and Plantains at U.S. Ports of Entry

APHIS’ Plant Protection and Quarantine (PPQ) and the Department of Homeland Security’s Customs and Border Protection (CBP) will begin risk-based sampling (RBS) on banana and plantain shipments at U.S. ports of entry starting September 26, 2022.  The goal of RBS is to reduce inspections on entities importing commodities compliant with current pest and disease regulations

There are no changes to the required entry paperwork; however, PPQ and CBP recommend that trade entities file entry paperwork prior to arrival if possible and include APHIS Core Message Set data to ensure their shipments are processed according to RBS procedures.

For questions about this announcement, please email the RBS Port of Entry Team at PPQ.RBS@USDA.GOV or contact the CBP Information Center at https://help.cbp.gov/s/questions.

For more information on Risk Based Sampling, please visit our website: USDA APHIS|Risk-Based Sampling.

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit www.usda.gov.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/stakeholder-messages/plant-health-news/rbs-bananas-plantains

Notice of Decision To Revise Import Requirements for the Importation of Fresh Sand Pears From the Republic of Korea Into the United States

AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Notice.

SUMMARY:

We are notifying the public of our decision to revise requirements for the importation into the United States of sand pear (Pyrus pyrifolia var culta) fruit from the Republic of Korea. Based on the findings of a pest risk analysis, which we made available to the public for review and comment through a previous notice, we have determined that the application of one or more designated phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh, non-precleared sand pear fruit from the Republic of Korea into all ports of the United States as an alternative to the preclearance program. All non-precleared sand pear fruit intended for importation into the United States from the Republic of Korea will be subject to the systems approach required for precleared fruit.

DATES:

Imports may be authorized at all U.S. ports beginning September 27, 2022. Read More→

https://www.federalregister.gov/documents/2022/09/27/2022-20810/notice-of-decision-to-revise-import-requirements-for-the-importation-of-fresh-sand-pears-from-the

Food Facility Registration User Guide: Biennial Registration Renewal

Section 415 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) [21 U.S.C. § 350d] requires food facilities that are required to register with FDA to renew such registrations during the period beginning on October 1 and ending on December 31 of each even-numbered year.

Please be advised that “updating” your registration is a different function than “renewing” your registration. During the renewal period, you will not see the “Update” button listed on the FFRM main menu, until the registration is renewed. If a registration is not renewed by 11:59 PM on December 31, 2022, the registration is considered expired and will be removed from your account. 

In addition, all facilities must include a unique facility identifier (UFI) recognized as acceptable to FDA with the registration submission To date, FDA recognizes the Data Universal Numbering System D-U-N-S (DUNS) number as an acceptable UFI. The DUNS number is assigned and managed by Dun & Bradstreet. DUNS numbers can be obtained or verified visiting D&B’s websiteExternal Link Disclaimer. Read More→

https://www.fda.gov/food/online-registration-food-facilities/food-facility-registration-user-guide-biennial-registration-renewal

Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

In accordance with Presidential Proclamation 10414 and pursuant to its authority under section 318(a) of the Tariff Act of 1930, as amended (the Act), the Department of Commerce (Commerce) is issuing this final rule to implement Proclamation 10414. Specifically, Commerce is issuing a new rule that, in the event of an affirmative preliminary or final determination in the antidumping and countervailing duty (AD/CVD) circumvention inquiries described below, under Title VII of the Act, extends the time for, and waives, the suspension of liquidation, the application of certain AD/CVD duties, and the collection of cash deposits on applicable entries of certain crystalline silicon photovoltaic cells, whether or not assembled into modules, that are completed in the Kingdom of Cambodia (Cambodia), Malaysia, the Kingdom of Thailand (Thailand), and the Socialist Republic of Vietnam (Vietnam) using parts and components manufactured in the People's Republic of China (China), and that are not already subject to an antidumping or countervailing duty order. Read More→

https://www.federalregister.gov/documents/2022/09/16/2022-19953/procedures-covering-suspension-of-liquidation-duties-and-estimated-duties-in-accord-with

Extension and Amendment of Import Restrictions on Archaeological and Ethnological Materials From Mali

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension and amendment of import restrictions on certain categories of archaeological and ethnological material from the Republic of Mali (Mali) to fulfill the terms of the new agreement, titled “Agreement Between the Government of the United States of America and the Government of the Republic of Mali Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Mali.” The Designated List, which was last described in CBP Dec. 17-12, is amended in this document to reflect additional categories of archaeological material found throughout the entirety of Mali and additional categories of ethnological material associated with religious activities, ceremonies, or rites, and enforcement of import restrictions is being extended for an additional five years by this final rule.

DATES:

Effective on September 15, 2022.

https://www.federalregister.gov/documents/2022/09/19/2022-20314/extension-and-amendment-of-import-restrictions-on-archaeological-and-ethnological-materials-from

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING ARTISTS CANVAS FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of artists canvas 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. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Artists Canvas from China (Inv. No. 731-TA-1091 (Third Review), USITC Publication 5371, September 2022) will contain the views of the Commission and information developed during the review.

The report will be available by October 18, 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/er0920ll1987.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN OUTDOOR AND SEMI-OUTDOOR ELECTRONIC DISPLAYS, PRODUCTS CONTAINING SAME, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain outdoor and semi-outdoor electronic displays, products containing same, and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Manufacturing Resources International, Inc. of Alpharetta, GA on August 19, 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 outdoor and semi-outdoor electronic displays, products containing same, and components thereof that infringe certain claims of the 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:

Samsung Electronics Co., Ltd. of Yeongtong-Gu, Suwon-si, Gyeonggi-do, Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ;
Samsung SDS Co. Ltd., Seoul, Korea;
Samsung SDS America, Inc. of Ridgefield Park, NJ;
Coates Signco Pty Limited of Sydney, Australia;
Coates Visual LLC of Chicago, IL; and
Industrial Enclosure Corporation d/b/a Palmer Digital Group of Aurora, IL.

By instituting this investigation (337-TA-1331), 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/er0919ll1986.htm

USITC MAKES DETERMINATIONS CONCERNING SUBSIDIZED IMPORTS OF STEEL NAILS FROM INDIA, OMAN, SRI LANKA AND TURKEY

he United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of steel nails from India, Oman, and Turkey that the U.S. Department of Commerce (Commerce) has determined are subsidized. 

The Commission further found that the imports of these products from Sri Lanka that Commerce has determined are subsidized are negligible and voted to terminate the countervailing duty investigation concerning Sri Lanka.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the negative with respect to the countervailing duty investigations for India, Oman, and Turkey. They made a finding of negligibility with respect to the countervailing duty investigation involving Sri Lanka.

As a result of the Commission’s negative determinations, no countervailing duty orders will be imposed on imports for India, Oman, and Turkey. As a result of the finding of negligibility, the countervailing duty investigation regarding imports from Sri Lanka will be terminated.

The Commission’s public report Steel Nails from India, Oman, Sri Lanka, and Turkey (Inv. Nos. 701-TA-673-675 and 677 (Final), USITC Publication 5370, September 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by October 14, 2022; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Read More→

https://www.usitc.gov/press_room/news_release/2022/er0916ll1985.htm

CSMS # 53300999 - USDA Agricultural Marketing Service Clarification for Blanched Peanuts

The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) reached out to U.S. Customs and Border Protection to clarify if “wet” blanched peanuts should be filed under the HTS Code Subheading 2008, which is reserved for fruits, nuts, and other edible parts of plants, prepared, and preserved.

The determination was made that all blanched peanuts (wet or dry blanched) belong under the HTS heading 1202. The purpose of separately breaking out “dry-blanched” peanuts was for rate neutrality. Wet blanched peanuts are then classified as “other” under the 1202 HTS heading. Therefore, all blanched peanuts moved from heading 2008 to heading 1202.

In the past blanched peanut imports have been filed under the 2008 HTS heading. Since blanched peanuts do not rise to the level of cooking, they are not classified as being prepared or preserved, and are thus raw peanuts with the skin removed. Please file all blanched peanuts under the appropriate 1202 heading in the Automated Commercial Environment (ACE) and use the PN1 message set for AMS to request peanut inspections.

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https://content.govdelivery.com/bulletins/gd/USDHSCBP-32d4f07?wgt_ref=USDHSCBP_WIDGET_2

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN PILLOWS AND SEAT CUSHIONS, COMPONENTS THEREOF, AND PACKAGING THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain pillows and seat cushions, components thereof, and packaging thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Purple Innovation, LLC of Lehi, Utah on August 5, 2022.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pillows and seat cushions, components thereof, and packaging thereof that infringe patents, trademarks, and trade dress asserted by the complainant.  The complainant requests that the USITC issue a limited and a general exclusion order, or in the alternative limited exclusion orders, and cease and desist orders. 

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

Bedmate-U Co., Ltd. of Gwangju-si, Gyeonggi-do, Korea;
Chuang Fan Handicraft Co., Ltd. of Wenzhou, Zhejiang, China;
Dongguan Bounce Technology Co., Ltd. of Dongguan, Guangdong, China;
Dongguan Jingrui Silicone Technology Co., Ltd. of Dongguan, Guangdong, China;
Foshan Dirani Design Furniture Co., Ltd. of Foshan, Guangdong, China;
Global Ocean Trading Co., Ltd. of Foshan, Guangdong, China;
Guang An Shi Lin Chen Zai Sheng Wuzi Co., Ltd. of Wenzhou, Zhejiang, China;
Guang Zhou Wen Jie Shang Mao Youxian Gongsi Co., Ltd. of Chenjia, Chongming, Shanghai, China;
Guangzhou Epsilon Import and Export Co., Ltd. of Guangzhou, Guangdong, China;
Guangzhoushi Baixiangguo Keji Youxian Gonsgi Co., Ltd. of Guangzhou, Guangdong, China;
Haircrafters LLC of Chattanooga, TN;
Hangzhou Lishang Import & Export Co., Ltd. of Hangzhou, Zhejiang, China;
Hangzhou Lydia Sports Goods Co., Ltd. of Hangzhou, Zhejiang, China;
Hebei Zeyong Technology Co., Ltd. of Hengshui, Hebei, China;
Henson Holdings, LLC d/b/a SelectSoma of Lafayette, LA;
Hetaibao of Linquan, Anhui, China;
Hubei Sheng Bingyi Dianzi Keji Youxian Gongsi Co., Ltd. of Hanchuan, Hubei, China;
Kaifeng Shi Long Ting Qu Chen Yi Shangmao Youxian Gongsi Co., Ltd. of Kaifeng, Henan, China;
Lankao Junchang Electronic Commerce Co., Ltd. of Kaifeng, Henan, China;
Lei Lei Weng of Linquan, Anhui, China;
Liu Lin Xian Xu Bin Dian Zi Chan Pin Dian of Liulin, Shanxi, China;
Nanchang Shirong Bao Er Guanggao Youxian Gongsi Co., Ltd. of Nanchang, Jiangxi, China;
Ningbo Bolian Import & Export Co., Ltd. of Ningbo, Zhejiang, China;
Ningbo Minzhou Import & Export Co., Ltd. of Haishu, Beijing, China;
Ruian Xiu Yuan Guoji Mao Yi Youxian Gongsi Co., Ltd. of Wenzhou, Zhejiang, China;
Shandong Jiu Hui Xinxi Keji Youxian Gongsi Co., Ltd. of Jinan, Shangdong, China;
Shanxi Chao Ma Xun Keji Youxian Gongsi Co., Ltd. of Xinzhou, Shanxi, China;
Shenzhen Baibaikang Technology Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Leadfar Industry Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Shi Mai Rui Ke Dianzi Shangwu Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Shi Xin Shangpin Dianzi Shangwu Youxian Gongsi Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Shi Yan Huang Chu Hai Keji Youxian Gongsi Co., Ltd. of Shenzhen, Guangdong, China;
Shenzhen Shi Yuxiang Meirong Youngju Youxian Gongsi Co., Ltd., China;
Shenzhen Tianrun Material Co., Ltd. of Shenzhen, Guangdong, China;
Wuhan Chenkuxuan Technology Co., Ltd. of Wuhan, Hubei, China;
Xiao Dawei of Xiamen, Fujian, China;
Xiao Xiao Pi Fa Shang Mao You Xian Ze Ren Gongsi Co. of Luliang, Shanxi, China;
YaRu Wang of Luliang, Shanxi, China;
Yiwu Youru E-commerce Co., Ltd. of Jinhua, Zhejiang, China;
Zhejiang Xinhui Import & Export Co., Ltd. of Hangzhou, Zhejiang, China; and
Zhou Meng Bo of Shenzhen, Guangdong, China.

By instituting this investigation (337-TA-1328), 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/er0907ll1980.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ROBOTIC POOL CLEANERS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain robotic pool cleaners 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 Zodiac Pool Systems LLC of Carlsbad, CA and Zodiac Pool Care Europe of Belberaud, France on July 29, 2022.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain robotic pool cleaners 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 this investigation:

Wybotics Co. Ltd. d/b/a Winny Pool Cleaner, f/k/a Tianjin Wangyuan Environmental Protection and Technology Co., Ltd. of Tianjin, China;
Tianjin Pool & Spa Corporation, Commerce, CA;
Shenzhen Aiper Intelligent Col, Ltd. of Shenzhen, Guangdong, China;
Aiper Intelligent, LLC of Roswell, GA; and
Aiper, Inc. of Los Angeles, CA.

By instituting this investigation (337-TA-1326), 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/er0829ll1975.htm

USTR Receives Requests for Continuation of China 301 Tariffs

WASHINGTON – Today, the Office of the United States Trade Representative confirmed that representatives of domestic industries benefiting from the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation have requested continuation of the tariffs. Accordingly, as required by statute, the tariffs did not expire on their four-year anniversary dates and USTR will proceed with the next steps as provided in the statute.

USTR’s formal notice of the continuation may be found here. Details on the next steps in the four-year review process will be set out in subsequent notices.

In May 2022, USTR commenced the statutory four-year process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation. Because requests for continuation were received, the tariff actions have not terminated and USTR will conduct a review of the tariff actions.

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/september/ustr-receives-requests-continuation-china-301-tariffs

PPQ to Permanently Allow Uploaded Copies of Phytosanitary Certificates and Forms

In 2020, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ) responded to the unprecedented challenges from the COVID-19 pandemic on trade by allowing importers of plant commodities to upload copies of phytosanitary certificates and forms to the U.S. Customs and Border Protection’s (CBP’s) Automated Commercial Environment (ACE) using the Document Image System (DIS). 

Starting October 1, 2022, APHIS and CBP will accept signed original and uploaded copies of phytosanitary certificates and forms for plant commodities. Acceptable documents will include:

• Original hardcopies of phytosanitary certificates on plain paper or security paper that are wet signed or digitally signed;

• Scans of signed original hardcopies of phytosanitary certificates and forms;

• Original hardcopies of foreign site certificates of inspection and/or treatment that are wet signed or digitally signed, and wet signed or digitally signed copies of the master PPQ Form 203;

• Scans or digital copies of signed foreign site certificates of inspection and/or treatment and master PPQ Form 203s; and

• Phytosanitary certificates created through a participating country’s ePhyto system.

PPQ and CBP will continue to accept digital exchange of electronic phytosanitary certificates through the ePhyto system—a government-to-government sharing of electronic phytosanitary certificates.

The APHIS Core message set supports the transmission of ePhytos. A paper certificate would not need to be presented for cargo clearance by U.S. officials if the certificate is an ePhyto with a proper declaration in the APHIS Core message set using the PG13/14 code AE1. Please review the list of participating ePhyto countries.

https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/stakeholder-messages/plant-health-news/upload-phytosanitary-certificate-forms-allowed

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ROBOTIC POOL CLEANERS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain robotic pool cleaners 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 Zodiac Pool Systems LLC of Carlsbad, CA and Zodiac Pool Care Europe of Belberaud, France on July 29, 2022.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain robotic pool cleaners 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 this investigation:

Wybotics Co. Ltd. d/b/a Winny Pool Cleaner, f/k/a Tianjin Wangyuan Environmental Protection and Technology Co., Ltd. of Tianjin, China;
Tianjin Pool & Spa Corporation, Commerce, CA;
Shenzhen Aiper Intelligent Col, Ltd. of Shenzhen, Guangdong, China;
Aiper Intelligent, LLC of Roswell, GA; and
Aiper, Inc. of Los Angeles, CA.

By instituting this investigation (337-TA-1326), 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/er0829ll1975.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SOLAR POWER OPTIMIZERS, INVERTERS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain solar power optimizers, inverters, 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 Ampt, LLC of Fort Collins, CO on July 28, 2022.  The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain solar power optimizers, inverters, 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:

SolarEdge Technologies, Inc. of Milpitas, CA; and
SolarEdge Technologies, Ltd. of Herzliya, Israel.

By instituting this investigation (337-TA-1327), 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/er0829ll1976.htm