CURRENT EVENTS
Enforcement and Compliance, International Trade Administration, Department of Commerce.
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing countervailing duty orders on oil country tubular goods (OCTG) from the Republic of Korea (Korea) and the Russian Federation (Russia). Read More→
Enforcement and Compliance, International Trade Administration, Department of Commerce.
In response to a request from GreenFirst Forest Products Inc. (GFFP) and GreenFirst Forest Products (QC) Inc. (GFFP (QC)) (collectively, GreenFirst), the Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain softwood lumber products from Canada. This review will determine whether GFFP (QC) is the successor-in-interest to Rayonier A.M. Canada G.P. (RYAM). Read More→ https://www.federalregister.gov/documents/2022/11/17/2022-25075/certain-softwood-lumber-products-from-canada-initiation-of-antidumping-duty-changed-circumstances
The U.S. International Trade Commission has made an affirmative determination in its final phase antidumping duty investigation concerning Superabsorbent Polymers from South Korea.
Note to Users: This bulletin will be replaced by the news release when the release is available. News releases are generally issued approximately three hours after a Commission vote.
###
https://www.usitc.gov/press_room/news_release/2022/er1117ll2017.htm
WASHINGTON, D.C. – On June 23, 2022, the U.S. Consumer Product Safety Commission’s Infant Sleep Product Rule went into effect, making it unlawful to sell non-compliant infant sleep products manufactured on or after that date. This landmark rule removes products hazardous to infants from the marketplace as part of CPSC’s longstanding commitment to protecting the most vulnerable members of the public. The regulation applies to infant sleep products marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, which are not subject to another mandatory standard for infant sleep.
The ISP Rule applies, in particular, to 1) inclined infant sleep products with a sleep surface angle greater than 10 degrees, and 2) non-inclined infant sleep products, such as baby boxes, in-bed sleepers, baby nests and pods, compact/travel bassinets, and infant tents. These “flat products,” are also subject to the Safety Standard for Bassinets and Cradles, which requires that these products have a stand, meet stability requirements, and have a side height of at least 7.5 inches.
To ensure manufacturers, importers, distributors, and retailers are aware of the new rule, over the last several months, CPSC sent more than 125 letters to businesses explaining the new requirements, and in over 70 instances, specific infant sleep products were identified that could be subject to the rule. These letters strongly urged companies to carefully review their sales listings for any products manufactured on or after June 23, 2022, to ensure they were not in violation of the Rule. Further, in the interest of public safety, we urged each firm to consider stopping sale of these types of products immediately, regardless of the date of manufacture. As a result of these efforts, 26 products were removed from sale, helping to protect consumers.
CPSC recently issued a violation notice to one firm, Dock-a-tot, for importing an infant sleep product manufactured after June 23, 2022 that fails to comply with the mandatory requirements of the ISP rule. The product in question, DockATot® Deluxe Plus Dock (all models manufactured on or after June 23, 2022) is pictured below. Read More→
The U.S. International Trade Commission (USITC) today released a report cataloging information on the distributional effects of trade and trade policy on underrepresented and underserved communities.
The investigation, Distributional Effects of Trade and Trade Policy on U.S. Workers (Inv. No. 332-587), was requested by the U.S. Trade Representative in a letter received on October 14, 2021.
As requested, the USITC, an independent nonpartisan factfinding federal agency, gathered information through roundtable discussions among representatives of underrepresented or underserved communities, a symposium focused on academic and similar research on the distributional effects of trade and trade policy, and a review of economic literature on this topic. The Commission also accepted written submissions and conducted a public hearing in connection with the investigation.
The information in this report includes, but is not limited to:
a summary of seven roundtable discussions in which participants discussed their perspectives and experiences of the impact of trade, trade policy, and other events on underserved and underrepresented communities;
a catalogue of information collected through written submissions and a public hearing held to supplement the roundtables;
a critical review and detailed assessment of academic and policy research examining the distributional effects of trade, which identifies gaps in the data and literature, and indicates where improvements to the coverage of and access to datasets could improve analysis of the distributional effects on underrepresented or underserved communities; and
an overview of a two-day academic symposium where participants discussed the methodologies and data gaps involved in researching distributional trade effects, as well as relevant research underway on these effects globally.
Detailed highlights of the Commission’s findings can be found in the report’s Executive Summary.
USITC general factfinding investigations cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
###
https://www.usitc.gov/press_room/news_release/2022/er1114ll2015.htm
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of 1-hydroxyethylidene-1, 1-diphosphonic acid from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of 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 these five-year (sunset) reviews.
The Commission’s public report 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China (Inv. Nos. 701-TA-558 and 731-TA-1316 (Review), USITC Publication 5386, November 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 16, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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/er1109ll2012.htm
he U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic devices, semiconductor devices, and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Bell Semiconductor, LLC of Bethlehem, PA on October 6, 2022 and as amended. Supplements to the complaint were filed on October 21 and October 28, 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 electronic devices, semiconductor devices, and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondents in this investigation:
Acer America Corporation of San Jose, CA;
Acer, Inc. of New Taipei City, Taiwan;
Advanced Micro Devices, Inc. of Santa Clara, CA;
Infineon Technologies AG of Neubiberg, Germany;
Infineon Technologies America Corp. of Milpitas, CA;
Micron Technology, Inc. of Boise, ID;
Motorola Mobility LLC of Chicago, IL;
NVIDIA Corporation of Santa Clara, CA;
NXP B.V. of Eindhoven, Netherlands;
NXP Semiconductors, N.V. of Eindhoven, Netherlands;
NXP USA, Inc. of Austin, TX;
SMC Networks, Inc. d/b/a/ IgniteNet of Irvine, CA; and
Western Digital Technologies, Inc. of San Jose, CA.
By instituting this investigation (337-TA-1340), 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.
###
https://www.usitc.gov/press_room/news_release/2022/er1108ll2011.htm
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of ferrovanadium from South Korea 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 South Korea 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 Ferrovanadium from South Korea (Inv. No. 731-TA-1315 (Review), USITC Publication 5384, November 2022) will contain the views of the Commission and information developed during the review. Read More→
https://www.usitc.gov/press_room/news_release/2022/er1104ll2007.htm
On November 2, 2022, the Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) investigations of paper file folders from the People’s Republic of China (China), India, and the Socialist Republic of Vietnam (Vietnam); and a countervailing duty (CVD) investigation of paper file folders from India.
WASHINGTON, November 1, 2022 - On October 29, 2015, APHIS published a final rule in the Federal Register that revised its user fees charged for certain Agricultural Quarantine and Inspection services (the “final rule”). In setting the AQI user fees in the final rule, APHIS applied a 3.5% reserve surcharge to the fees for some user groups: commercial trucks and truck transponders, international air passengers, and international cruise ship passengers. In the final rule, the commercial aircraft fee, the commercial cargo vessel fee, and the commercial railroad car fees were set at a level that did not include a reserve surcharge component.
As an outcome of litigation challenging the final rule, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) rejected the majority of the challenges to the rule, but it found that APHIS’s authority to collect a surcharge to fund a reserve as a component of the fees expired in FY 2002. See Air Transport Ass’n of Am. v. United States Dep’t of Agric., 37 F.4th 667 (D.C. Cir. 2022). The D.C. Circuit remanded to the District Court for proceedings consistent with the appellate court’s opinion.
On September 15, 2022, the District Court issued a final judgment vacating the final rule only insofar as it authorizes collecting fees to maintain a reserve account and remanded the final rule to the agency for further proceedings consistent with the D.C. Circuit Opinion.
In order to comply with the District Court’s final judgment, APHIS is removing this surcharge from the applicable fees, effective December 1, 2022. Read More→
https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2022/aqi-user-fees-response
Three draft implementation guides related to the Uyghur Forced Labor Prevention Act (UFLPA) Region Alert enhancement to the Automated Commercial Environment (ACE) have been posted on CBP.gov.
Cargo Release CBP and Trade Automated Interface Requirement document (CATAIR)
Cargo Release Condition Codes document
Add Manufacturer Name and Address CATAIR
These changes will deploy to the Certification environment on November 8, 2022. The Production environment deployment date is to be determined.
An updated Cargo Release CATAIR document is now available on cbp.gov.
The SE Cargo Release Application, SE36 and SE56 records were updated with the new requirements for manufacturers from China for the UFLPA region alert. Note 1 was added for the postal code field stating that when the party type is MF (manufacturer), a valid Chinese postal code is required.
These changes will deploy to the Certification environment on November 8, 2022. The Production environment deployment date is to be determined.
The updated Cargo Release CATAIR document is available at the following location.
https://www.cbp.gov/document/guidance/draft-ace-cargo-release-v331 Read More→
https://content.govdelivery.com/bulletins/gd/USDHSCBP-335ffcf?wgt_ref=USDHSCBP_WIDGET_2
U.S. Customs and Border Protection, Department of Homeland Security, Department of the Treasury.
Final rule.
This document adopts as final, with changes, proposed amendments to the U.S. Customs and Border Protection (CBP) regulations modernizing the customs broker regulations. CBP is transitioning all customs brokers to a single national permit and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States. To accomplish this, CBP is eliminating broker districts and district permits, which in turn removes the need for the maintenance of district offices, and district permit waivers. CBP is also updating, among other changes, the responsible supervision and control oversight framework, ensuring that customs business is conducted within the United States, and requiring that a customs broker have direct communication with an importer. These changes are designed to enable customs brokers to meet the challenges of the modern operating environment while maintaining a high level of service in customs business. Further, CBP is increasing fees for the broker license application to recover some of the costs associated with the review of customs broker Read More→
The Lacey Act combats illegal trafficking of wildlife, fish, and plants. The 2008 Farm Bill amended the Lacey Act (16 U.S.C. §§ 3371-3378) and extended its protections to a broad range of plants and plant products, making it unlawful to import into the United States any plant or plant product that was illegally harvested. It also makes it unlawful to import certain products without a declaration.
APHIS, the National Marine Fisheries Service, and the U.S. Fish and Wildlife Service administer the Lacey Act. APHIS is responsible for collecting declarations for imported plants and plant products, and defining the scope of plant materials that require a declaration.
APHIS established through rulemaking a schedule for implementing the declaration requirement. Phases 1, 2, and 3 went into effect in 2009; phase 4 in 2010; and phase 5 in 2015. Phase 6 went into effect on October 1st, 2021. APHIS continues to evaluate products to include in future phases and will publish notices in the Federal Register to keep stakeholders and the public informed. A list of Federal Register publications are available on this website. Read More→
https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/lacey-act
The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation on Pacific Island trade and investment with the United States, including impediments to and opportunities for increased goods and services exports to the United States and U.S. investment in the Pacific Islands.
The investigation, U.S.-Pacific Islands Trade and Investment: Impediments and Opportunities, Inv. No. 332-593, was requested by the U.S. Trade Representative (USTR) in a letter received on September 29, 2022.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report for the USTR. The report will provide, to the extent practicable:
an overview of the Pacific Island economies, including major sectors in production, consumption, trade, and employment.
a description of goods and services exports from the Pacific Islands during the period 2017–21, and identification of major factors that impact those exports to the United States.
a description of the use of the U.S. General System of Preferences (GSP) program by the Pacific Island countries and identification of the goods from the Pacific Islands that enter the United States under GSP, sectors in which these programs might be underutilized, and factors affecting utilization of GSP.
a description of foreign investment in the Pacific Islands during the period 2017-21; and identification of major factors affecting investment from the United States.
identification of major products (including goods covered by the GSP program) and services in the Pacific Islands with greatest potential for export sales to the United States, sectors with U.S. investment potential, and the factors that impede trade and investment with the United States for these products and sectors using qualitative analysis and, to the extent data are available, quantitative analysis.
a description of initiatives and/or technical assistance that could address such trade and investment impediments, if found during the Commission’s research.
The USITC expects to submit its report to the USTR by September 29, 2023.
The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on February 14, 2023. A link to the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/calendar.html. Read More→
https://www.usitc.gov/press_room/news_release/2022/er1028ll2006.htm
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of oil country tubular goods from Argentina, Mexico, Russia, and South Korea that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and are subsidized by the governments of Russia and South Korea.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Russia and South Korea, and antidumping duty orders on imports of this product from Argentina, Mexico, and Russia.
The Commission also made negative critical circumstances findings with regard to imports of this product from Mexico and Russia. As a result, these imports will not be subject to retroactive antidumping duties.
The Commission’s public report Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea (Inv. Nos. 701-TA-671-672 and 731-TA-1571-1573 (Final), USITC Publication 5381, October 2022) will contain the views of the Commission and information developed during the investigations.
The report will be available by November 23, 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/er1026ll2005.htm
On October 19, 2022, the Department of Commerce (Commerce) announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of certain freight rail couplers and parts thereof (freight rail couplers) from China and an AD investigation of freight rail couplers from Mexico.
Today, the U.S. Food and Drug Administration (FDA) issued guidance that describes the actions, behaviors, and statements by a foreign food establishment or foreign government that the FDA considers to be a refusal of an FDA inspection.
Food for importation into the United States comes from all over the world. One way that the FDA protects the U.S. food supply is by conducting inspections of foreign food facilities to identify potential food safety concerns.
The FDA Food Safety Modernization Act (FSMA) gives the FDA authority to refuse entry of food offered for importation into the United States if the foreign food establishment or foreign government has refused to permit the FDA to inspect the foreign establishment that produced the food. The guidance issued today provides examples of situations that FDA may consider as constituting refusal.
For More Information
###
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain hazelnuts 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 Pratum Farm, LLC of Salem, OR on September 15, 2022 and supplemented on September 15, October 3, and October 4, 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 hazelnuts and products containing the same by reason of false advertising. 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 in this investigation:
Arslanturk Tarim Urunleri San Ihr Ve Ihr A.S. of Arakli-Trabzon, Turkey;
Balsu Gida San Ve Tic. A.S. of Beykoz Istanbul, Turkey;
Balsu USA of Miami, FL;
Farmeks Tarim Urunleri San Ve Tic. A.S. of Gaziemir/Izmir, Turkey;
Nimeks Organik Tarim Urun San Ve Tic Ltd., STI of Cigli/Izmir, Turkey;
Natural Food Source Inc. of Whitehall, PA;
Progida Tarim Urunleri San Ve Tic. A.S. of Maslak/Sariyer/Istanbul, Turkey; and
Ofi d/b/a Olam Edible Nuts of Fresno, CA.
By instituting this investigation (337-TA-1337), 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.
###
https://www.usitc.gov/press_room/news_release/2022/er1018ll2001.htm
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain smart thermostat hubs, systems containing the same and components of 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 EDST, LLC of Lubbock, TX and Quext IoT, LLC of Lubbock, TX on September 16. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain smart thermostat hubs, systems containing the same and components of the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as the respondents in this investigation:
iApartments, Inc. of Tampa, FL;
Hsun Weath Technology Co., Ltd. of Taoyuan City, Taiwan; and
Huarifu Technology Co., Ltd. of Taoyuan City, Taiwan.
By instituting this investigation (337-TA-1339), 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.
###
https://www.usitc.gov/press_room/news_release/2022/er1018ll2002.htm
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured or threatened with material injury by reason of imports of sodium nitrite from Russia that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determination, Commerce will issue antidumping duty orders on imports of this product from Russia.
The Commission’s public report Sodium Nitrite from Russia (Inv. Nos. Inv. No. 731 TA-1586 (Final), USITC Publication 5379, October 2022) will contain the views of the Commission and information developed during the investigation.
The report will be available by November 14, 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
Sodium Nitrite from Russia
Investigation No.731-TA-1586 (Final)
Product Description: Sodium nitrite (NaNO2, CAS registry number 7632-00-0) is an industrial chemical sold in solid or liquid form. Sodium nitrite is used in a wide range of industrial applications, including corrosion inhibition, detinning scrap tinplate, phosphating metals, and organic syntheses, notably the production of organic amines. Additional applications include the production of dyes and synthetic rubber, preservation of cured meat, and control of odor and inhibition of bacterial growth in wastewater treatment. It also serves in heat treating salts to harden metals, as an antidote to cyanide poisoning, and in military applications, including ammunition and explosives. These investigations cover sodium nitrite in any form, at any purity level. Read More→
https://www.usitc.gov/press_room/news_release/2022/er1017ll2000.htm
