CERTAIN PRESERVED MUSHROOMS FROM FRANCE INJURE U.S. INDUSTRY, SAYS USITC

CERTAIN PRESERVED MUSHROOMS FROM FRANCE INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain preserved mushrooms from France 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 an antidumping duty order on imports of this product from France.

 

The Commission’s public report Certain Preserved Mushrooms from France (Inv. No. 731-TA-1587 (Final), USITC Publication 5393, January 2023) will contain the views of the Commission and information developed during the investigation.

 

The report will be available by February 2, 2023; 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

 

Certain Preserved Mushrooms from France 

Investigation No.: 731-TA-1587 (Final)

 

Product Description:  Certain preserved mushrooms are mushrooms of the genus Agaricus that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heat sterilized in containers each holding a net drained weight of not more than 12 ounces (340.2 grams), including but not limited to cans or glass jars, in a suitable liquid medium, including but not limited to water, brine, butter, or butter sauce. The final form of certain preserved mushrooms can be either whole, sliced, or as stems and pieces. Read More→

https://www.usitc.gov/press_room/news_release/2022/er1219ll2036.htm

USTR Extends Exclusions from China Section 301 Tariffs

December 16, 2022

WASHINGTON – The Office of the United States Trade Representative today announced a nine‑month extension of 352 product exclusions in the China Section 301 Investigation that had been scheduled to expire at the end of 2022.  These exclusions were initially reinstated on March 28, 2022 and the extension will help align further consideration of these exclusions with the ongoing comprehensive four-year review. 

Interested persons may submit comments on the tariff headings containing these exclusions through the USTR portal in the four-year review, which closes January 17, 2023.  Additional information is set out in the following Federal Register Notice.

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China initiates WTO dispute complaint targeting US semiconductor chip measures

China has requested WTO dispute consultations with the United States, challenging US export control and related measures with respect to certain advanced computing semiconductor chips and manufacturing products, supercomputer items, as well as related technologies and services, destined for or otherwise related to China. The request was circulated to WTO members on 15 December.

China claims that measures at issue are inconsistent with multiple provisions of the WTO's General Agreement on Tariffs and Trade 1994, the Agreement on Trade-Related Investment Measures, the Agreement on Trade-Related Intellectual Property Rights, and the General Agreement on Trade in Services.

Further information is available in document WT/DS615/1.

What is a request for consultations?

The request for consultations formally initiates a dispute in the WTO. Consultations give the parties an opportunity to discuss the matter and to find a satisfactory solution without proceeding further with litigation. After 60 days, if consultations have failed to resolve the dispute, the complainant may request adjudication by a panel. Read More→

https://www.wto.org/english/news_e/news22_e/ds615rfc_15dec22_e.htm

EMULSION STYRENE-BUTADIENE RUBBER FROM CZECHIA AND RUSSIA DOES NOT INJURE U.S. INDUSTRY, SAYS USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of emulsion styrene-butadiene rubber from Czechia and 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, and Amy A. Karpel voted in the negative. Commissioner Randolph J. Stayin did not participate.

As a result of the Commission’s negative determinations, no antidumping duties will be imposed on imports from Czechia and Russia.

The Commission’s public report Emulsion Styrene-Butadiene Rubber from Czechia and Russia (Inv. Nos. 731-TA-1575 and 731-TA-1577 (Final), USITC Publication 5392, December 2022) will contain the views of the Commission and information developed during the investigation.

The report will be available by January 24, 2023; 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

Emulsion Styrene-Butadiene Rubber (ESBR) from Czechia and Russia

Investigation Nos: 731-TA-1575 and 731-TA-1577 (Final)

Product Description:  Emulsion styrene-butadiene ("ESBR") elastomers are large volume synthetic rubber copolymer derivatives of the petrochemical feedstocks styrene and butadiene produced by cold emulsion polymerization at 41-55 degrees Fahrenheit and typically compressed into salable rectangular bales of 80 pounds. ESBR can also be sold in granules, crumbs, pellets, powders, plates, sheets, and strip. Scope products resulting from the production process consist of the 1500 and 1700 series grades of ESBR synthetic rubber elastomers defined by the International Institute of Synthetic Rubber Producers (“IISRP”). The 1500 series products are light-colored solid grades of ESBR popularly sold for tire and other applications, while the 1700 series products are darker in color and contain petroleum extender oil designed for ease of processing in tire component compounding and other applications. Some 70 percent or more of ESBR is used in tire tread compound formulations designed for new passenger vehicle and light truck replacement tires and heavier truck tire retreads, where its superior durability and extended tire wear characteristics excel. ESBR is also employed in a large variety of other applications including conveyor belting, hoses, gaskets, wire and cable, mats, flooring, and footwear. Scope exclusions include IISRP carbon black master batch 1600 and 1800 series, high styrene resin master batch 1900 series, and latex intermediate products. Read More→

https://www.usitc.gov/press_room/news_release/2022/er1208ll2034.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING STAINLESS STEEL WIRE ROD FROM INDIA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of stainless steel wire rod 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 determination, the existing order on imports of this product from India 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 Stainless Steel Wire Rod from India (Inv. No. 731-TA-638 (Fifth Review), USITC Publication 5396, December 2022) will contain the views of the Commission and information developed during the review.

The report will be available by January 17, 2023; 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/er1212ll2035.htm

Protocol Amending the Beef Safeguard Provisions of the U.S.-Japan Trade Agreement to Enter into Force on January 1, 2023

WASHINGTON – United States Trade Representative Katherine Tai and Japan’s Ambassador to the United States Koji Tomita today, confirmed in an exchange of letters that amendments to the beef safeguard trigger level under the U.S.-Japan Trade Agreement (USJTA) will enter into force on January 1, 2023. 

The letters confirm that both countries have completed their respective domestic procedures with respect to the June 2, 2022, Protocol Amending the Trade Agreement Between Japan and the United States of America (Protocol) and also confirm the agreed upon entry into force date of January 1.

“The new beef safeguard agreement will ensure that America’s farmers and ranchers can continue to meet Japan’s strong demand for high-quality U.S. beef,” said Ambassador Katherine Tai. “I am grateful to leaders and stakeholders in both countries for their dedication and ingenuity, which were essential to reaching this important outcome. The Biden Administration will continue working to strengthen the U.S. – Japan bilateral trade relationship and increase market opportunities for producers and our workers.”

On June 2, 2022, the United States and Japan signed the Protocol to revise the beef safeguard mechanism under the USJTA which amends the beef safeguard trigger level with a new, three-trigger safeguard mechanism.  This amendment will allow U.S. beef exporters to more reliably meet Japan’s growing demand for high-quality beef, providing more predictability and reducing the probability that safeguard duties would be imposed on U.S. beef, as occurred in early 2021.

The agreement includes a new mechanism whereby three criteria must be met in order for Japan to implement the safeguard and impose a temporary, higher tariff on U.S. beef.  The three criteria are:

  1. Imports from the United States must exceed the original beef safeguard trigger level under the U.S.-Japan Trade Agreement;

  2. The aggregate volume of beef imports from the United States and the original signatories of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) must exceed the CPTPP beef safeguard; and

  3. Imports from the United States must exceed the total amount of beef imports from the United States during the previous year. This third trigger will be in effect until 2027.

In 2021, the United States was the top beef exporting country in the world, with global sales of beef and beef products valued at over $10 billion.  Exports of U.S. beef to Japan totaled almost $2.4 billion in 2021, with Japan representing the United States’ second largest beef export market.
 
The agreement can be viewed here. The United States and Japan exchanged letters on the Agreement. 
 

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2022/december/protocol-amending-beef-safeguard-provisions-us-japan-trade-agreement-enter-force-january-1-2023

U.S. – Mexico – Canada Agreement (USMCA)

Overview

The U.S. – Mexico – Canada Agreement (USMCA) is a trade agreement between the named parties. The USMCA replaced the North American Free Trade Agreement (NAFTA).

U.S. Customs and Border Protection (CBP) has launched a USMCA Center to serve as a one stop shop for information concerning the USMCA. The USMCA Center coordinates CBP’s implementation of the USMCA Agreement, ensuring a smooth transition with consistent and comprehensive guidance to our internal and external stakeholders.

Entry-Into Force

  • The USMCA entered into force on July 1, 2020. NAFTA preferential treatment cannot be claimed on July 1, 2020 or afterwards.

  • For merchandise entered into commerce on or before June 30, 2020, NAFTA rules will continue to apply.

  • CSMS #45309245 - USMCA - Consolidated Appropriations Act 2021 & End of Restrained Enforcement - On December 27, 2020, the Consolidated Appropriations Act of 2021 [H.R.133 – 116th Congress (2019-2020)] was signed into law. The Act contains technical corrections for the USMCA, including on merchandise processing fee refunds for post-entry claims (including for 520(d) and reconciliation claims) and on foreign trade zones. These technical corrections are retroactive to July 1, 2020. Read More→

https://www.cbp.gov/trade/priority-issues/trade-agreements/free-trade-agreements/USMCA

Importing Medical Devices and Radiation-Emitting Electronic Products into the U.S.

Overview

The United States (U.S.) Food and Drug Administration (FDA) is responsible for ensuring that medical devices (including in vitro diagnostics) and radiation-emitting electronic products comply with applicable U.S. regulations when offered for importation into the United States. Foreign establishments must comply with these applicable regulations before, during, and after the medical device or radiation-emitting electronic product is imported into the United States or territory. FDA does not recognize regulatory authorizations from other countries. The product must meet the applicable FDA regulation.

Medical Devices

FDA verifies and enforces applicable medical device requirements at the time a medical device is imported or offered for import into the United States. FDA’s Center for Devices and Radiological Health (CDRH) is responsible for overseeing the medical device program.

FOREIGN MANUFACUTERERS OF MEDICAL DEVICES

A foreign manufacturer is a manufacturer located outside of the United States. Foreign manufacturers must meet applicable U.S. regulations in order to import a device into the U.S.

The basic regulatory requirements include:

  • Establishment registration

  • Medical Device Listing

  • Quality System

  • Premarket Notification [510(k)], unless exempt, or Premarket Approval

  • Labeling

  • Medical Device Reporting. Read More→

FDA Import Alter 99-41 "Detention Without Physical Examination of Human and Animal Foods Imported from Foreign Suppliers..."

by Importers Who Are Not in Compliance with the Requirements of the Foreign Supplier Verification Program (FSVP) Regulation"

Reason for Alert:

Section 805 of the FD&C Act (21 U.S.C. 384a) requires each importer of food to perform risk-based foreign supplier verification activities for the purpose of verifying that the food imported by the
importer is produced in compliance with the requirements of section 418 (21 U.S.C. 350g) (regarding hazard analysis and risk-based preventive controls) or section 419 (21 U.S.C 350h)(regarding
standards for produce safety) of the FD&C Act, as appropriate; and that the food is not adulterated under section 402 or misbranded under section 403(w).

The Foreign Supplier Verification Programs for Food Importers (FSVP) regulation (21 CFR part 1 subpart L) defines "importer" as the "U.S. owner or consignee" of an article of food that is being offered
for import into the United States. If there is no "U.S. owner or consignee" of an article of food at the time of U.S. entry, the importer is the U.S. agent or representative of the foreign owner or
consignee at the time of entry, as confirmed in a signed statement of consent to serve as the importer for purposes of the FSVP regulation. (21 CFR 1.500)

The FSVP regulation defines "U.S. owner or consignee" as the person in the United States who, at the time of U.S. entry, either owns the food, has purchased the food, or has agreed in writing to
purchase the food. (21 CFR 1.500)

If there is no "U.S. owner consignee" of an article of food at the time of U.S. entry, the article of food may not be imported into the United States unless the foreign owner or consignee has
appropriately designated a U.S. agent or representative as the FSVP importer. (21 CFR 1.509(b)) Read More→

https://www.accessdata.fda.gov/cms_ia/importalert_1160.html

"PROPOSED MODIFICATION TO THE U.S.-KOREA FTA RULES OF ORIGIN FOR CERTAIN FABRICS WOULD LIKELY HAVE A NEGLIGIBLE EFFECT ON U.S. IMPORTS AND EXPORTS, SAYS USITC"

A proposed modification to the United States-Korea Free Trade Agreement (KORUS) rules of origin for certain fabrics of triacetate filament yarns is likely to have a negligible effect on U.S. imports and U.S. exports, reports the United States International Trade Commission (USITC) in its publication Certain Fabrics of Triacetate Filament Yarns: Effect of Modification to U.S.-Korea Free Trade Agreement Rules of Origin (Inv. no. FTA-103-033).

The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).

As requested, the report provides advice on the probable economic effect of the proposed modification to the KORUS rules of origin on U.S. trade under the agreement, on total U.S. trade, and on domestic production of the affected articles. The proposed modification, detailed in the USTR's request letter, covers the following heading of the Harmonized Tariff Schedule of the United States (HTS):

  • Certain fabrics (under HTS heading 5408) of textured and non-textured triacetate filament yarns (under HTS subheading 5403.33)

The proposed modification to the rules of origin would liberalize the current rules of origin by allowing woven fabrics of artificial filament yarn made in Korea or the United States to be eligible for preferential treatment under KORUS when made with non-originating triacetate yarn. However, U.S. imports of and demand for the affected articles is small. Thus, the likely effect of the proposed modification on imports under KORUS and on total U.S. imports of these products is negligible.

There would be little to no effect on U.S. production or exports of the affected articles because there are no known domestic producers of the articles directly affected by the proposed modification.

Certain Fabrics of Triacetate Filament Yarns: Effect of Modification to U.S.-Korea Free Trade Agreement Rules of Origin (Inv. FTA-103-033, USITC publication 5383, November 2022) is available at https://www.usitc.gov/publications/332/pub5383.pdf.

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https://www.usitc.gov/press_room/news_release/2022/er1202ll2026.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN AUTOMATED RETRACTABLE VEHICLE STEPS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain automated retractable vehicle steps 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 Lund Motion Products, Inc. of Brea, CA on 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 automated retractable vehicle steps and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order and cease and desist orders. 

The USITC has identified following respondents in this investigation:

Anhui Aggeus Auto-Tech Co., Ltd. a/k/a Wuhu Woden Auto Parts Co., Ltd. a/k/a Wuhu Wow-good Auto-tech Co. Ltd. a/k/a Anhui Wollin International Co., Ltd. of Wuhu, Anhui, China;
Rough Country LLC of Dyersburg, TN;br /> Southern Truck LLC a/k/a Top Gun Customz of Swanton, OH;
Meyer Distributing, Inc. of Jasper, IN; and
Earl Owen Company, Inc. of Carrollton, TX.

By instituting this investigation (337-TA-1345), 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/er1201ll2024.htm

USITC VOTES TO CONTINUE INVESTIGATIONS ON PAPER FILE FOLDERS FROM CHINA, INDIA, AND VIETNAM

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of paper file folders from China, India, and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the government of India.

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, the U.S. Department of Commerce will continue its investigations of imports of paper file folders from China, India, and Vietnam, with its preliminary countervailing duty determination due on or about January 5, 2023, and its preliminary antidumping duty determinations due on or about March 21, 2023.

The Commission’s public report Paper File Folders from China, India, and Vietnam (Inv. Nos. 701-TA-683 and 731-TA-1594-1596 (Preliminary), USITC Publication 5389, December 2022) will contain the views of the Commission and information developed during the investigations.

The report will be available by January 2, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

FACTUAL HIGHLIGHTS

Paper file folders from China, India, and Vietnam

Investigation Nos: 701-TA-683 and 731-TA-1594-1596 (Preliminary)

Product Description: File folders consisting primarily of paper, paperboard, pressboard, or other cellulose material, whether coated or uncoated, that has been folded (or creased in preparation to be folded), glued, taped, bound, or otherwise assembled to be suitable for holding documents. All such folders are included, regardless of color, whether or not expanding, whether or not laminated, and with or without tabs, fasteners, closures, hooks, rods, hangers, pockets, gussets, or internal dividers. Paper file folders are used to hold documents or other records for professional office or home office organization. Read More→

https://www.usitc.gov/press_room/news_release/2022/er1128ll2022.htm

Import Restrictions Imposed on Categories of Archaeological and Ethnological Material of Nigeria

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 the imposition of import restrictions on certain categories of archaeological and ethnological material from the Federal Republic of Nigeria (“Nigeria”). These restrictions are being imposed pursuant to an agreement between the United States and Nigeria that has been entered into under the authority of the Convention on Cultural Property Implementation Act. This document amends the CBP regulations by adding Nigeria to the list of countries which have a bilateral agreement with the United States that imposes cultural property import restrictions. This document also contains the Designated List that describes the types of archaeological and ethnological material to which the restrictions apply.

DATES:

Effective on March 17, 2022. Read More→

https://www.federalregister.gov/documents/2022/03/17/2022-05681/import-restrictions-imposed-on-categories-of-archaeological-and-ethnological-material-of-nigeria

Modernization of the Customs Broker Regulations

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

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 Read More→

https://www.federalregister.gov/documents/2022/10/18/2022-22445/modernization-of-the-customs-broker-regulations

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SEMICONDUCTOR DEVICES HAVING LAYERED DUMMY FILL, ELECTRONIC DEVICES, AND COMPONENTS THEREO

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain semiconductor devices having layered dummy fill, electronic 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 14, 2022 and as supplemented on October 25, 2022; October 31, 2022; and November 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 semiconductor devices having layered dummy fill, electronic devices, and components thereof that infringe one patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

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

Analog Devices Inc. of Norwood, MA;
Arlo Technologies, Inc. of Milpitas, CA;
Bose Corporation of Framingham, MA;
DENSO Corporation of Kariya, Japan;
Kioxia America, Inc. of San Jose, CA;
Kioxia Corporation of Tokyo, Japan;
Linksys USA, Inc. of Irvine, CA;
MACOM Technology Solutions, Inc. of Lowell, MA;
Marvell Semiconductor, Inc. of Santa Clara, CA;
Marvell Technology Group, Ltd. of Hamilton, Bermuda;
MaxLinear, Inc. of Carlsbad, CA;
OmniVision Technologies, Inc. of Santa Clara, CA;
Silicon Laboratories, Inc. of Austin, TX;
Skyworks Solutions, Inc. of Irvine, CA; and
Suteng Innovation Technology Co., Ltd., d/b/a RoboSense of Shenzen, China.

By instituting this investigation (337-TA-1342), 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/er1123ll2019.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN VIDEO PROCESSING DEVICES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain video processing 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 DivX, LLC of San Diego, CA on October 24, 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 video processing devices and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order. 

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

Amazon.com, Inc. of Seattle, WA and
VIZIO, Inc. of Irvine, CA.

By instituting this investigation (337-TA-1343), 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/er1123ll2020.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN BIO-LAYER INTERFEROMETERS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain bio-layer interferometers 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 Sartorius Bioanalytical Instruments, Inc. of Bohemia, NY on October 25, 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 bio-layer interferometers and components thereof that infringe patents asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order. 

The USITC has identified Gator Bio, Inc. of Palo Alto, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1344), 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/er1123ll2021.htm

Automated Commercial Environment Collections Module uses the Technology Modernization Fund

U.S. Customs and Border Protection’s (CBP’s) Automated Commercial Environment (ACE) Collections is the final ACE module that supports the enduring mission and priority of facilitating lawful trade and protecting revenue. ACE fulfills CBP’s goal to unite the revenue and trade entry lifecycles within a single window and retires the over 30-year-old Automated Commercial System (ACS). ACE enables end-to-end trade functions from entry to liquidation.  In Fiscal Year (FY) 2021, 368 million cargo entries and 20 million export shipments were processed through ACE, totaling $1.7 trillion. Also in FY 2021, ACE’s streamlined processes enabled publicly reportable processing efficiencies valued at an estimated $720.1 million for CBP, up from $358 million in FY 2020, and an estimated $2.25 billion for industry, up from $1.4 billion in FY 2020.

The demands of CBP’s mission and the needs of our trade partners required a modernized system to replace and retire the legacy system. ACE Collections provides the Agency a flexible, secure platform to support the growing complexities of global trade facilitation and enforcement. This modern Cloud-based system enhances user experience through improved IT digital services for CBP, Partner Government Agencies and the trade community. 

“Modernizing ACE, a system vital to U.S. trade and the functioning of our economy, is an important achievement long in the making,” said AnnMarie Highsmith, Executive Assistant Commissioner for the CBP Office of Trade. “We are grateful for our partners at the General Services Administration and to all who contributed to making these modernizations a reality.” 

ACE also bolsters CBP’s mission to enhance legitimate trade and travel while improving customs enforcement, revenue collection and trade protections. As the nation’s second largest revenue collecting federal agency, CBP utilizes ACE to collect more than $90 billion in duties, taxes and fees annually.  Read More→ https://www.cbp.gov/newsroom/spotlights/automated-commercial-environment-collections-module-uses-technology

Wooden Bedroom Furniture From the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances Review

AGENCY:

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

SUMMARY:

In response to a request from Golden Well International (HK), Ltd. (Golden Well) and Zhangzhou XMB Home Technology Co., Ltd. (Zhangzhou XMB), the U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on wooden bedroom furniture (WBF) from the People's Republic of China (China) to determine whether Zhangzhou XMB is the successor-in-interest to Zhangzhou XYM Furniture Product Co., Ltd. (Zhangzhou XYM). Read More→

https://www.federalregister.gov/documents/2022/11/22/2022-25369/wooden-bedroom-furniture-from-the-peoples-republic-of-china-initiation-of-antidumping-duty-changed