Bureau of Oceans and International Environmental and Scientific Affairs; Annual Determination and Certification of Shrimp-Harvesting Nations

ACTION:

Notice of annual determination and certification.

SUMMARY:

On May 12th, 2023, the Department of State determined and certified to Congress that wild-caught shrimp harvested in the following nations, particular fisheries of certain nations, and Hong Kong are eligible to enter the United States: Argentina, Australia (Northern Prawn Fishery, the Queensland East Coast Trawl Fishery, the Spencer Gulf, and the Torres Strait Prawn Fishery), the Bahamas, Belgium, Belize, Canada, Chile, Colombia, Costa Rica, Denmark, the Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, France (French Guiana), Gabon, Germany, Guatemala, Guyana, Honduras, Iceland, Ireland, Italy (giant red shrimp), Jamaica, Japan (shrimp baskets in Hokkaido), Republic of Korea (mosquito nets), Mexico, the Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, Peru, Russia, Spain (Mediterranean red shrimp), Sri Lanka, Suriname, Sweden, the United Kingdom, and Uruguay. For nations, economies, and fisheries not listed above, only shrimp harvested from aquaculture is eligible to enter the United States. All shrimp imports into the United States must be accompanied by the DS–2031 Shrimp Exporter's/Importer's Declaration. Read More→

https://www.federalregister.gov/documents/2023/05/25/2023-11115/bureau-of-oceans-and-international-environmental-and-scientific-affairs-annual-determination-and

Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value and Final Affirmative Determination

of Critical Circumstances

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) determines that certain freight rail couplers and parts thereof (freight rail couplers) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less-than-fair value (LTFV) during the period of investigation, January 1, 2022, through June 30, 2022. Read More→

https://www.federalregister.gov/documents/2023/05/30/2023-11358/certain-freight-rail-couplers-and-parts-thereof-from-the-peoples-republic-of-china-final-affirmative

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEW CONCERNING CARBON AND ALLOY SEAMLESS STANDARD, LINE, AND PRESSURE PIPE FROM JAPAN AND ROMANIA

The U.S. International Trade Commission (USITC) today determined that revocation of the existing the antidumping duty order on large-diameter carbon and alloy seamless standard, line, and pressure pipe from Japan and the antidumping duty orders on small-diameter carbon and alloy seamless standard, line, and pressure pipe from Japan and Romania 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 these products from Japan and Romania 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 Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Japan and Romania (Inv. Nos. 731-TA-847 and 849 (Fourth Review), USITC Publication 5427, May 2023) will contain the views of the Commission and information developed during the reviews. 

The report will be available by June 23, 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/2023/er0518_63916.htm

USITC RELEASES REPORT CONCERNING THE IMPACT OF U.S. FOREIGN TRADE ZONES AND SIMILAR PROGRAMS IN CANADA AND MEXICO

The U.S. International Commission (USITC) today released a report on the operation of the U.S. Foreign-Trade Zones (FTZ) program and similar programs (FTZ-type programs) in Canada and Mexico, as well as the impacts of these programs on employment and the cost-competitiveness of products of firms operating in U.S. FTZs. 

The investigation, Foreign Trade Zones (FTZs): Effects of FTZ Policies and Practices on U.S. Firms Operating in U.S. FTZs and Under Similar Programs in Canada and Mexico, was requested by the U.S. Trade Representative in a letter received on December 14, 2021. 

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, reported on the operations of U.S. FTZs and FTZ-type programs, and the effects of relevant policies and practices on employment and the cost-competitiveness of goods produced in U.S. FTZs. As part of its investigation, the Commission conducted a survey of firms producing in U.S. FTZs and used the questionnaire results in its quantitative and qualitative analyses. Per the request, the report includes: 

  • An overview of economic activity in FTZs operating in the United States, Canada, and Mexico, including but not limited to employment, leading sectors, shipments, exports, and foreign direct investment in FTZs;

  • An overview of current FTZ policies and practices in the United States, Canada, and Mexico;

  • An analysis of the cost-competitiveness effects of current FTZ policies and praRead Morectices in the United States, Canada, and Mexico, including effects on relative production costs and U.S. employment; and

  • Case studies on the impact of U.S. FTZs and FTZ-type programs on the automotive, upholstered furniture manufacturing, petroleum refining, pharmaceutical manufacturing, and warehousing and distribution industries. 

Detailed highlights of the Commission's findings can be found in the report's Executive Summary. 

Findings include:

  • Central features of the U.S. FTZ program and FTZ-type programs in Canada and Mexico are the special tariff treatments, principally duty deferral, duty exemption, duty reduction, and duty drawback. 

  • The cost-competitiveness effects of the U.S. FTZ program and FTZ-type programs in Canada and Mexico are impacted by multiple factors, including the design of the programs, national tariff regimes and applicable rates of duty, other trade policies, and material sourcing and destination markets for firms’ shipments. 

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEW CONCERNING CERTAIN HARDWOOD PLYWOOD PRODUCTS FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping and countervailing duty orders on certain hardwood plywood products (hardwood plywood) from China would be likely to lead to continuation or recurrence of material injury or threat 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 Hardwood Plywood from China (Inv. Nos. 701-TA-565 and 731-TA-1341 (Review), USITC Publication 5426, May 2023) will contain the views of the Commission and information developed during the reviews. 

The report will be available by June 16, 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/2023/er0511_63892.htm

Centers of Excellence and Expertise Directory

U.S. Customs and Border Protection (CBP) has designated new Centers of Excellence and Expertise (Centers) team codes within the Automated Commercial Environment (ACE) modules. 

  • The new team codes will follow an alphabetical format, e.g. ABC, where the first letter will represent a Center, and the secondary and tertiary letters will be used by the Centers to direct transactions to a specific work unit or team. 

  • Legacy numerical team codes will automatically be replaced on newly submitted entry summaries and phased out as existing entries liquidate.  As such, existing team codes will remain in effect for existing transactions. 

  • Please refer to CSMS #43089259 for additional details

APHIS Invites U.S. Stakeholders to Submit Topics on IPPC Standards and Implementation

The International Plant Protection Convention (IPPC) Secretariat has issued a call for topics for new plant health standards, revisions to adopted standards, and new tools that support the implementation of standards. IPPC standards play a critical role in safeguarding plant resources and creating new export opportunities for producers and exporters. Priority will be given to proposals that have a significant potential global impact and can be implemented at that level, contribute to the purpose of the IPPC, clearly identify problems that need to be resolved through the development or implementation of standards, and for which there is adequate technical information and expertise available to support the proposed initiative. Visit the IPPC web site to view the criteria for proposals, download the submission forms, and read about other requirements.

Send your completed submission forms no later than August 15, 2023, to Dr. Marina Zlotina, PPQ’s IPPC Technical Director at marina.a.zlotina@usda.gov.

If you have any questions about the IPPC call for proposals, email Dr. Zlotina. We look forward to receiving your ideas and suggestions for future IPPC work that may be a priority for your industry or organization.

Stay Involved!

U.S. stakeholders are vital to the work of the International Plant Protection Convention (IPPC) and the North American Plant Protection Organization (NAPPO). Your input on proposed projects, review of draft standards and documents, and participation in IPPC and NAPPO events ensures we are developing relevant standards that advance U.S. harmonization goals. Standards facilitate the safe trade of plants, plant products and other regulated articles, harmonize plant protection policies and practices among and between trading partners in North America and internationally, and provide a critical framework for addressing phytosanitary trade issues and negotiating market access requests.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/stakeholder-messages/plant-health-news/ippc-standards-implementation-submission-by-aug-2023

FDA Transition Plan for Medical Devices Marketed Under EUA or an Enforcement Policy During the COVID-19 Pandemic

On 3/24/2023, the FDA posted the “Transition Plan for Medical Devices Issued Emergency Use Authorizations (EUAs) During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency” and “Transition Plan for Medical Devices That Fall Within Enforcement Policies Issued During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency.”

These guidance documents will help prepare manufacturers and other stakeholders for the transition to normal operations and foster compliance with applicable regulatory requirements when EUAs and COVID-19-related enforcement policies are no longer in effect. 

EUA Devices

As stated in the “Transition Plan for Medical Devices Issued Emergency Use Authorizations During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency,” FDA does not intend to object to the continued distribution of devices within the scope of the guidance during the transition period.

For medical devices that have been issued an EUA and the EUA has not been terminated, it is appropriate to continue to transmit the Intended Use Code (IUC) 940.000: Compassionate Use/Emergency Use Device when filing an entry. During the transition period and prior to the respective EUA’s termination date, registration, listing and premarket approval or clearance submission numbers may be optionally transmitted at the time of entry. This information may also be included within the shipping documents to expedite initial screening and further review of your entry.

Once an EUA is terminated, for medical devices that have a pre-market submission submitted and accepted by FDA, importers should transmit Intended Use Code (IUC) 081.001: Standard Import of a Device, and an appropriate FDA product code.  Under this IUC, the Affirmations of Compliance codes (AofC codes) for medical devices (such as the Registration, Listing, and Premarket numbers) should be submitted in the Automated Commercial Environment (ACE). You may transmit your 510(k) number for the pre-market submission under FDA review and upload a copy into the Import Trade Auxiliary Communications System (ITACS) of the notification indicating that your submission has been accepted. Read More→

https://content.govdelivery.com/bulletins/gd/USDHSCBP-35a3962?wgt_ref=USDHSCBP_WIDGET_2

PRESERVED MUSHROOMS FROM NETHERLANDS, POLAND, AND SPAIN 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 preserved mushrooms from the Netherlands, Poland, and Spain 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 determinations, Commerce will issue antidumping duty orders on imports of this product from the Netherlands, Poland, and Spain.

The Commission’s public report Preserved Mushrooms from the Netherlands, Poland, and Spain (Inv. Nos. 731-TA-1588-1590 (Final), USITC Publication 5419, May 2023) will contain the views of the Commission and information developed during the investigations.

The report will be available by June 8, 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 the Netherlands, Poland, and Spain
Investigation Nos. 731-TA-1588-1590 (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/2023/er0427_63840.htm

USITC RELEASES REPORT CONCERNING THE AGOA PROGRAM AND ITS IMPACT ON SUB-SAHARAN AFRICA’S ECONOMIC DEVELOPMENT AND WORKERS

The U.S. International Trade Commission (USITC) today released its report African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights (Inv. No. 332-589). This investigation and report were requested by the U.S. House of Representatives Committee on Ways and Means in a letter received on January 19, 2022. 

As requested, the USITC, an independent nonpartisan factfinding federal agency, conducted an investigation to gather information on and analyze the AGOA program’s usage and impact in sub-Saharan Africa (SSA). This report provides information and analysis on the background and requirements of the AGOA program, utilization rates, trends in U.S. imports under AGOA, and the impact of the program on regional integration, workers, underserved communities, economic development, job growth, and poverty reduction. The report also includes case studies on four industries present in SSA: apparel, cotton, cocoa, and certain chemicals. 

The report finds that the impact of the AGOA program on beneficiary countries can be substantial depending on the sector, especially apparel. Moreover, although the influence throughout SSA as a whole has been minimal, interviews by Commission staff, fieldwork, and some academic literature indicate that AGOA may have had a positive impact in key areas such as poverty reduction and job growth in some countries. The effect was found to be particularly important in the apparel sector and among underserved groups, such as women. Anecdotal evidence indicated that while meeting AGOA eligibility requirements created a positive impact on workers and poverty reduction, the loss of program eligibility due to failure to meet program requirements had a negative impact on beneficiary economies and regional integration. 

Additional highlights from the report include:

  • AGOA benefits accrue to a subset of countries and sectors within SSA. Over three-quarters of non-crude petroleum imports under AGOA originated from five countries during 2014–21: South Africa, Kenya, Lesotho, Madagascar, and Ethiopia. Countries with lower utilization rates typically have few exports to the United States in general, or their primary traded goods are not eligible for AGOA preferences or are already duty free under normal trade relations. Read More→

https://www.usitc.gov/press_room/news_release/2023/er0417_63816.htm

U.S. Department of Commerce Invites Industry Groups to Apply for Export Promotion Funding

The U.S. International Trade Commission (USITC) today released its report African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights (Inv. No. 332-589). This investigation and report were requested by the U.S. House of Representatives Committee on Ways and Means in a letter received on January 19, 2022. 

As requested, the USITC, an independent nonpartisan factfinding federal agency, conducted an investigation to gather information on and analyze the AGOA program’s usage and impact in sub-Saharan Africa (SSA). This report provides information and analysis on the background and requirements of the AGOA program, utilization rates, trends in U.S. imports under AGOA, and the impact of the program on regional integration, workers, underserved communities, economic development, job growth, and poverty reduction. The report also includes case studies on four industries present in SSA: apparel, cotton, cocoa, and certain chemicals. 

The report finds that the impact of the AGOA program on beneficiary countries can be substantial depending on the sector, especially apparel. Moreover, although the influence throughout SSA as a whole has been minimal, interviews by Commission staff, fieldwork, and some academic literature indicate that AGOA may have had a positive impact in key areas such as poverty reduction and job growth in some countries. The effect was found to be particularly important in the apparel sector and among underserved groups, such as women. Anecdotal evidence indicated that while meeting AGOA eligibility requirements created a positive impact on workers and poverty reduction, the loss of program eligibility due to failure to meet program requirements had a negative impact on beneficiary economies and regional integration. 

Additional highlights from the report include:

  • AGOA benefits accrue to a subset of countries and sectors within SSA. Over three-quarters of non-crude petroleum imports under AGOA originated from five countries during 2014–21: South Africa, Kenya, Lesotho, Madagascar, and Ethiopia. Countries with lower utilization rates typically have few exports to the United States in general, or their primary traded goods are not eligible for AGOA preferences or are already duty free under normal trade relations. Read More→

https://www.usitc.gov/press_room/news_release/2023/er0417_63816.htm

CBP and Customs Administrations Agree on Strengthening Supply Chain Security

BOSTON—U.S. Customs and Border Protection (CBP) signed Monday a Mutual Recognition Arrangement (MRA) with the Customs Administrations of Guatemala and Colombia at the  Trade Facilitation and Cargo Security Summit. 

Acting Commissioner Miller (left) and Marco Livio Diaz Reyes (right), Superintendent of Guatemala’s Superintendencia de Administracion Tributaria

“By cooperating with our regional partners through MRAs and other bilateral arrangements, we are able to create a unified and sustainable security posture,” said Pete Flores, Executive Assistant Commissioner for CBP Field Operations. “As a result, we are furthering our efforts to facilitate trade and enhance our economic security mission.”

Hosted by Debbie Seguin, Assistant Commissioner for International Affairs, guests included Marco Livio Diaz Reyes, Superintendent of Guatemala’s Superintendencia de Administracion Tributaria, and Ingrid Magnolia Diaz Rincon, Director for the Direccion de Impuestos y Aduanas Nacionales de Colombia.

MRAs are bilateral understandings between two customs administrations providing a platform for the exchange of membership information and recognizes the compatibility of the respective supply chain security program.  

CBP reached this MRA after the customs administrations of Guatemala and Colombia had agreed on a Joint Work Plan (JWP) during 2022 Trade Facilitation and Cargo Security Summit, held in Anaheim, California.  The JWP is a document that lays out the path towards MRAs between the two customs administrations’ Authorized Economic Operator (AEO) programs. A JWP shows commitment from both programs, requires high level support, and lays out detailed steps towards MRA.

The document, referred to as an “arrangement,” indicate the security requirements or standards of the foreign industry partnership program, as well as its verification procedures, are the same or like those of the Customs Trade Partnership Against Terrorism (CTPAT) program.  Read More→

https://www.cbp.gov/newsroom/national-media-release/cbp-and-customs-administrations-agree-strengthening-supply-chain-1

APHIS Releases New Strategic Plan for 2023-2027

Today, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) published a new 5-year strategic plan. It incorporates input we received from stakeholders on the strategic framework—a summarized version of the plan that we published in June 2022. The plan includes six strategic goals.

They focus on:

  • Protecting agriculture from plant and animal diseases and pests;

  • Positioning the Agency’s workforce to better meet current and future challenges;

  • Delivering solutions that reduce the impacts of zoonotic and emerging diseases, and ecosystem changes, such as climate change;

  • Expanding safe trade;

  • Managing wildlife diseases; and

  • Promoting the welfare of animals.

APHIS also released a strategic foresight report. It examines 10 societal, environmental, and technological trends and several future scenarios that the Agency must be prepared to navigate.

They include:

  1. Rise in security threats.

  2. Escalation of climate change threats.

  3. Political, geographical, and economic division.

  4. Increasing dependence on data analytics.

  5. Advances in science and technology.

  6. Changes in production practices.

  7. Evolving perceptions around animal welfare and wildlife in human society.

  8. Globalization.

  9. Rising global health threats.

  10. The changing federal workforce.

The strategic plan and foresight report are available on the APHIS website at https://www.aphis.usda.gov/aphis/banner/aboutaphis/SA_Overview.

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https://www.aphis.usda.gov/aphis/newsroom/stakeholder-info/sa_by_date/sa-2023/aphis-strategic-plan-23-27

Importing FDA regulated items:

All products regulated by the Food and Drug Administration must meet the same requirements, whether imported from abroad or produced domestically. The job of protecting consumers includes an ever-increasing need to oversee imports. 

Imported FDA-regulated products are electronically screened before they enter the U.S. Consumers and importers of imported FDA-regulated products will find helpful information detailed on this website.

How to start importing FDA-regulated products

USITC RELEASES REPORT CONCERNING THE AGOA PROGRAM AND ITS IMPACT ON SUB-SAHARAN AFRICA’S ECONOMIC DEVELOPMENT AND WORKER

The U.S. International Trade Commission (USITC) today released its report African Growth and Opportunity Act (AGOA): Program Usage, Trends, and Sectoral Highlights (Inv. No. 332-589). This investigation and report were requested by the U.S. House of Representatives Committee on Ways and Means in a letter received on January 19, 2022. 

As requested, the USITC, an independent nonpartisan factfinding federal agency, conducted an investigation to gather information on and analyze the AGOA program’s usage and impact in sub-Saharan Africa (SSA). This report provides information and analysis on the background and requirements of the AGOA program, utilization rates, trends in U.S. imports under AGOA, and the impact of the program on regional integration, workers, underserved communities, economic development, job growth, and poverty reduction. The report also includes case studies on four industries present in SSA: apparel, cotton, cocoa, and certain chemicals. 

The report finds that the impact of the AGOA program on beneficiary countries can be substantial depending on the sector, especially apparel. Moreover, although the influence throughout SSA as a whole has been minimal, interviews by Commission staff, fieldwork, and some academic literature indicate that AGOA may have had a positive impact in key areas such as poverty reduction and job growth in some countries. The effect was found to be particularly important in the apparel sector and among underserved groups, such as women. Anecdotal evidence indicated that while meeting AGOA eligibility requirements created a positive impact on workers and poverty reduction, the loss of program eligibility due to failure to meet program requirements had a negative impact on beneficiary economies and regional integration. 

Additional highlights from the report include:

  • AGOA benefits accrue to a subset of countries and sectors within SSA. Over three-quarters of non-crude petroleum imports under AGOA originated from five countries during 2014–21: South Africa, Kenya, Lesotho, Madagascar, and Ethiopia. Countries with lower utilization rates typically have few exports to the United States in general, or their primary traded goods are not eligible for AGOA preferences or are already duty free under normal trade relations.

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

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

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

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

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

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

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

CBP Provides Guidance on Cybersecurity Best Practices to Increase Supply Chain Resiliency

WASHINGTON — U.S. Customs and Border Protection (CBP) released Monday a new guidance document containing best practices for customs brokers on how to prepare for and respond to a cyber-attack.

The new resource makes recommendations on how to prevent, respond to, and recover from potential cyber-attacks on customs broker data systems, from proactively putting in place plans and preventative IT controls to resuming normal business operations upon system remediation.

“Preparing for a disaster means thinking about the worst things that could happen, or even things that are just disruptive, and having a plan in place to handle each of those scenarios,” said Office of Trade’s Executive Assistant Commissioner AnnMarie R. Highsmith during her opening remarks at the tabletop exercise. “The time for preparedness is now.”

This document is part of a broader CBP supply chain resiliency focus and reflects insights gathered from recent cyber-attacks and a tabletop exercise CBP held this February in Washington, D.C. That event brought together representatives from CBP, partner government agencies, and licensed customs brokers to test the customs environment’s existing cyber security guidance and identify opportunities to improve supply chain resiliency.

In addition to the Cyber Incident Guidance for Customs Brokers, CBP is developing more detailed cyber-attack guidance that will be shared on CBP.gov.

CBP is focusing on supply chain resiliency to establish clear expectations for both industry and government actors on processes, procedures, and responsibilities in the face of man-made supply chain disruptions. Recent events have resulted in significant disruptions to commercial and consumer activity, including shortages of personal protective equipment, baby formula, and other critical goods.

Cybersecurity is the first topic CBP is exploring as part of supply chain resiliency efforts.

CBP looks forward to continued collaboration with government and industry partners to improve collective readiness and mitigate the negative impacts of future supply chain disruptions on consumers and businesses in the U.S.

You can access the guidance at https://www.cbp.gov/document/guidance/cyber-incident-guidance-customs-brokers!

https://www.cbp.gov/newsroom/national-media-release/cbp-provides-guidance-cybersecurity-best-practices-increase-supply

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN PORTABLE BATTERY JUMP STARTERS AND COMPONENTS THEREOF (II

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain portable battery jump starters 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 The NOCO Company of Glenwillow, OH, on February 13, 2023. An amended complaint was filed on March 13, 2023. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable battery jump starters and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a permanent limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Shenzhen Carku Technology Co., Ltd., of Shenzhen, Guangdong, China; 

  • Aukey Technology Co., Ltd., of Shenzhen, China; 

  • Metasee LLC of Pearland, TX; 

  • Ace Farmer LLC of Houston, TX;  

  • Shenzhen Gooloo E-Commerce Co., Ltd., of Shenzhen China; 

  • Gooloo Technologies LLC of Shenzhen, China; 

  • Shenzhen Konghui Trading Co., Ltd., d/b/a Hulkman Direct of Shenzhen, Guangdong, China; 

  • HULKMAN LLC of Santa Clara, CA; 

  • Shenzhen Take Tools Co. Ltd. of Shenzhen, Guangdong, China; 

  • Shenzhenshi Daosishangmao Youxiangongsi d/b/a/ Fanttik Direct of Shenzhen, Guangdong, China;

  • Shenzhenshi Dianjia Technology Co., Ltd. d/b/a Yesper Direct (Hong Kong Haowei Technology Co. Ltd.) of Hong Kong; 

  • Shenzhenshi Xinmeitemuxiangbao Zhuangyouxiangongsi d/b/a Thikpo (Spanarci) of Shenzhen, Guangdong, China; 

  • Guangzhou Sihao Trading Co., Ltd d/b/a Snailhome (Audew) of Shenzhen, China; 

  • ChangShaHongMaoKai KeJiYouXianGongSi d/b/a TopdonStarter of ChangSha HuNan China; 

  • Shenzhenshi Shoudiankejiyouxiangongsi d/b/a Solvtin of Sshenzhen Longhuaqu China; 

  • Shenzhen Winplus Shenzhen Pinwang Industrial Technology Co., Ltd. of Shenzhen, China; 

  • Winplus North America, Inc. of Costa Mesa, CA; 

  • Winplus NA, LLC of Costa Mesa, CA

  • ADC Solutions Auto LLC d/b/a Type S Auto of Costa Mesa, CA.

By instituting this investigation (337-TA-1359), 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/2023/er0412_63807.htm