FDA Signs Partnership with Ecuador to Enhance Safety of Shrimp Imports

Yesterday, the U.S. Food and Drug Administration (FDA) signed a Regulatory Partnership Arrangement (RPA) with Ecuador’s seafood regulatory authority to strengthen food safety in shrimp intended for the U.S. market. Shrimp is the most consumed seafood in the United States, the vast majority of which is imported. Ecuador is one of the leading exporters of aquacultured shrimp to the United States.  

The first of its kind, this regulatory partnership serves as an arrangement between the FDA and the Vice Ministry of Aquaculture and Fisheries (VMAF) to work more closely to reinforce food safety practices along the entire supply chain. Such arrangements aim to leverage commodity-specific oversight systems — in this case, involving imported aquacultured shrimp — along with data and information, to strengthen food safety before and at the port of entry.

In preparing for the RPA with Ecuador, in August 2022, the FDA and VMAF signed a confidentiality commitment (CC) that allows for the exchange of confidential information, including inspection records, sample findings, and other non-public documents.

In addition, the FDA did a rigorous assessment of the strength of Ecuador’s aquacultured seafood safety system and examined important parts of VMAF’s programs and capabilities. This includes assessment of key aspects of Ecuador’s regulatory framework for shrimp, including review of its:

  • Legal framework;

  • Inspection and enforcement capabilities;

  • Verification and audit programs;

  • Aquatic animals’ disease prevention and surveillance programs;

  • Illness outbreak responses;

  • Training; and

  • Laboratory resources. Read More→

https://www.fda.gov/food/cfsan-constituent-updates/fda-signs-partnership-ecuador-enhance-safety-shrimp-imports

USITC VOTES TO CONTINUE INVESTIGATIONS ON CERTAIN PEA PROTEIN FROM CHINA

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 certain pea protein from China that are allegedly sold in the United States at less than fair value and subsidized by the government of China.

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 certain pea protein from China, with its preliminary countervailing duty determination due on or about October 5, 2023, and its preliminary antidumping duty determinations due on or about December 19, 2023.

The Commission’s public report Certain Pea Protein from China (Inv. Nos. 701-TA-692 and 731-TA-1628 (Preliminary), USITC Publication 5457, September 2023) will contain the views of the Commission and information developed during the investigations.

The report will be available by October 6, 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

Certain Pea Protein from China

Investigation Nos: 701-TA-692 and 731-TA-1628 (Preliminary)

Product Description: The product covered by these investigations is high protein content (HPC) pea protein (containing at least 65 percent protein on a dry weight basis). HPC pea protein is generally used to add protein content to a wide range of food and beverage products. It is commonly a dry powder but can also be sold in liquid form.

Status of Proceedings:

1.    Type of investigations:  Preliminary countervailing duty and antidumping duty investigations.

2.    Petitioner:  Puris Proteins LLC, Minneapolis, Minnesota

3.    USITC Institution Date:  Wednesday, July 12, 2023.

4.    USITC Conference Date:  Wednesday, August 02, 2023.

5.    USITC Vote Date:  Friday, August 25, 2023.

6.    USITC Notification to Commerce Date:  Monday, August 28, 2023. Read More→

Final Affirmative Determination in the Antidumping Duty Investigation of Gas Powered Pressure Washers from the Socialist Republic of Vietnam

On August 23, 2023, the Department of Commerce (Commerce) announced its affirmative final determination in the antidumping duty (AD) investigation of gas powered pressure washers from the Socialist Republic of Vietnam (Vietnam).

FDA Import Alert "Detention Without Physical Examination of New Tobacco Products Without Required Marketing Authorization

Import Alert Name:

"Detention Without Physical Examination of New Tobacco Products Without Required Marketing Authorization"

Reason for Alert:

In June 2009, the Family Smoking Prevention and Tobacco Control Act provided FDA with authority to regulate tobacco products by recognizing it as the primary Federal regulatory authority with respect to the manufacture, marketing, and distribution of cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. The Deeming rule, which published in the Federal Register on May 10, 2016, and took effect on August 8, 2016, extended FDA's authority to deemed tobacco products such as electronic cigarettes, cigars, hookah tobacco, and pipe tobacco, as well as their components and parts, but not their accessories.

The Federal Food, Drug, and Cosmetic Act (FD&C Act) generally requires premarket review for any "new tobacco product," which means any tobacco product that was not commercially marketed in the United States as of February 15, 2007, or any modification of a tobacco product where the modified product was commercially marketed in the United States after February 15, 2007 (section 910(a) of the FD&C Act; 21 U.S.C. 387j(a)). A marketing authorization order under section 910(c)(1)(A)(i) of the FD&C Act (21 U.S.C. 387j(c)(1)(A)(i)) is required for a new tobacco product unless (1) FDA issues an order finding the product substantially equivalent to a predicate tobacco product (section 910(a)(2)(A) of the FD&C Act) or (2) FDA issues an order finding the product to be exempt from the requirements of substantial equivalence and the required submission is made under section 905(j)(1)(A)(ii) of the FD&C Act (21 U.S.C. 387e(j)(1)(A)(ii)).

Deemed products that meet the definition of a "new tobacco product" are subject to the premarket requirements in sections 910 and 905 of the FD&C Act.

New tobacco products that do not have the required FDA marketing authorization are adulterated under section 902(6)(A) of the FD&C Act, and misbranded under section 903(a)(6) of the FD&C Act because a notice or other information respecting these products was not provided as required by section 905(j) of the FD&C Act (21 U.S.C. 387e(j)).

Guidance:

Divisions may detain, without physical examination, the tobacco products identified on the Red List of this Import Alert. If the division is not sure whether a tobacco product is the same product as one identified on the Red List, the division should consult with the Center for Tobacco Products (CTP). CTP concurrence is required to add a product to the Red List. Read More→
https://www.accessdata.fda.gov/cms_ia/importalert_1163.html

USITC VOTES TO CONTINUE INVESTIGATIONS ON CERTAIN PEA PROTEIN FROM CHINA

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 certain pea protein from China that are allegedly sold in the United States at less than fair value and subsidized by the government of China.

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 certain pea protein from China, with its preliminary countervailing duty determination due on or about October 5, 2023, and its preliminary antidumping duty determinations due on or about December 19, 2023.

The Commission’s public report Certain Pea Protein from China (Inv. Nos. 701-TA-692 and 731-TA-1628 (Preliminary), USITC Publication 5457, September 2023) will contain the views of the Commission and information developed during the investigations.

The report will be available by October 6, 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

Certain Pea Protein from China

Investigation Nos: 701-TA-692 and 731-TA-1628 (Preliminary)

Product Description: The product covered by these investigations is high protein content (HPC) pea protein (containing at least 65 percent protein on a dry weight basis). HPC pea protein is generally used to add protein content to a wide range of food and beverage products. It is commonly a dry powder but can also be sold in liquid form. Read More→
https://www.usitc.gov/press_room/news_release/2023/er0825_64257.htm

USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING POLYESTER STAPLE FIBER FROM CHINA

The U.S. International Trade Commission (USITC) today determined that revocation of the existing antidumping duty order on polyester staple fiber from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.

The Commission’s public report Polyester Staple Fiber from China (Inv. No. 731-TA-1104 (Third Review), USITC Publication 5456, August 2023) will contain the views of the Commission and information developed during the review. 

The report will be available by September 27, 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 terminating the suspended investigation 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/er0816_64241.htm

United States Establishes USMCA Dispute Panel on Mexico’s Agricultural Biotechnology Measures

WASHINGTON ­– United States Trade Representative Katherine Tai today announced that the United States is establishing a dispute settlement panel under the United States-Mexico-Canada Agreement (USMCA) regarding certain Mexican measures concerning biotech corn.  The United States is challenging measures set out in Mexico’s February 13, 2023 decree, specifically the ban on use of biotech corn in tortillas or dough, and the instruction to Mexican government agencies to gradually substitute—i.e., ban—the use of biotech corn in all products for human consumption and for animal feed.  Mexico’s measures are not based on science and undermine the market access it agreed to provide in the USMCA.
 
“The United States has used the tools provided by the USMCA in attempting to resolve concerns with Mexico’s biotechnology measures. Today, the United States is taking the next step in enforcing Mexico’s obligations under the USMCA,” said Ambassador Katherine Tai. “Through the USMCA dispute panel, we seek to resolve our concerns and help ensure consumers can continue to access safe and affordable food and agricultural products. It is critical that Mexico eliminate its USMCA-inconsistent biotechnology measures so that American farmers can continue to access the Mexican market and use innovative tools to respond to climate and food security challenges. Our bilateral relationship with Mexico, one of our oldest and strongest trading partners, is rooted in trust and honesty, and there are many areas where we will continue to cooperate and work together.”

“Mexico’s approach to biotechnology is not based on science and runs counter to decades’ worth of evidence demonstrating its safety and the rigorous, science-based regulatory review system that ensures it poses no harm to human health and the environment. Innovations in agricultural biotechnology play a key role in advancing solutions to our shared global challenges, including food and nutrition insecurity, the climate crisis and the lingering effects of food price inflation,” said Agriculture Secretary Tom Vilsack. “By requesting the establishment of a dispute settlement panel with Mexico, the United States is continuing to exercise its rights under the USMCA to ensure that U.S. producers and exporters have full and fair access to the Mexican market. We will continue to support fair, open, science- and rules-based trade, which serves as the foundation of the USMCA as it was agreed to by all parties.” Read More→

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2023/august/united-states-establishes-usmca-dispute-panel-mexicos-agricultural-biotechnology-measures

United States and Taiwan Hold Second Negotiating Round for the U.S.-Taiwan Initiative on 21st Century Trad

WASHINGTON – The United States and Taiwan, under the auspices of the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO), held an in-person negotiating round for the U.S.-Taiwan Initiative on 21st Century Trade in Washington, D.C. from August 14-18, 2023.

The Office of the United States Trade Representative (USTR) led the U.S. delegation as the designated representative of AIT. The U.S. delegation was led by Assistant United States Trade Representative Terry McCartin and included representatives from other U.S. government agencies.

During the negotiating round, the two sides exchanged views on proposed texts covering agriculture, labor, and the environment. The conversations were productive and officials will continue to hold discussions in the months ahead in order to reach consensus.

Additional details about subsequent negotiating rounds will be provided at a later date.

This negotiating round comes after the United States and Taiwan, under the auspices of AIT and TECRO, signed an initial agreement under the initiative covering customs administration and trade facilitation, good regulatory practices, services domestic regulation, anticorruption, and small- and medium-sized enterprises. As a result of this agreement, U.S. businesses will be able to bring more products to Taiwan and customers there, while creating more transparent and streamlined regulatory procedures that can facilitate investment and economic opportunities in both markets, particularly for small- and medium-sized enterprises.

The first agreement was signed by representatives of AIT and TECRO on June 1, 2023. The text of this agreement can be found on USTR’s website.

These trade negotiations are being conducted consistent with the United States’ one China policy, which is guided by the Taiwan Relations Act, the three U.S.-China Joint Communiques, and the Six Assurances.

###

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2023/august/united-states-and-taiwan-hold-second-negotiating-round-us-taiwan-initiative-21st-century-trade-1

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CUT-TO-LENGTH CARBON-QUALITY STEEL PLATE FROM INDIA, INDONESIA, AND SOUTH KOREA

The U.S. International Trade Commission (USITC) today determined that revocation of the existing countervailing duty orders on cut-to-length carbon-quality steel plate (‘‘CTL plate’’) from India, Indonesia, and South Korea and revocation of the antidumping duty orders on CTL plate from India, Indonesia, and 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 determinations, the existing orders on imports of this product from India, Indonesia, and 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 for the reviews involving India, Indonesia, and South Korea. 

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 Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and South Korea (Inv. Nos. 701-TA-388, 389, and 391 and 731-TA-817, 818, and 821 (Fourth Review), USITC Publication 5455, August 2023) will contain the views of the Commission and information developed during these reviews. 

The report will be available by September 22, 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/er0810_64222.htm

USITC SUBMITS EVALUATION REPORT ON THE EFFECTIVENESS OF SAFEGUARD MEASURE ON LARGE RESIDENTIAL WASHERS TO THE PRESIDENT AND THE CONGRESS

The U.S. International Trade Commission (USITC) today submitted to the President and the Congress a report evaluating the effectiveness of the safeguard measure on imports of large residential washers and certain parts thereof in facilitating positive adjustment by the domestic industry to import competition.

Section 204(d) of the Trade Act of 1974 (the “Act”) requires the USITC, upon termination of a safeguard measure, to evaluate the effectiveness of the action in facilitating positive adjustment by the domestic industry to import competition, consistent with the reasons set out by the President in the report submitted to the Congress under section 203(b) of the Act. The safeguard action on large residential washers went into effect on February 7, 2018, and after one extension, terminated on February 7, 2023. The Commission is required to submit a report on the evaluation to the President and the Congress no later than 180 days after the day on which the relief action was terminated.

The Commission’s public report Large Residential Washers: Evaluation of the Effectiveness of Import Relief (Inv. No. TA-201-076 (Evaluation), USITC Publication 5453, August 2023) will be available by August 7, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

BACKGROUND

On January 23, 2018, following an affirmative injury determination by the Commission under the global safeguard law, the President issued a proclamation imposing tariff rate quotas on imports of large residential washers and certain parts thereof.  The remedy took effect on February 7, 2018, for a period of three years and one day.

On January 14, 2021, following receipt of a petition requesting an extension of the relief action and the Commission’s subsequent determination that the safeguard measure continued to be necessary to prevent or remedy the serious injury to the domestic industry and that there was evidence that the domestic industry was making a positive adjustment to import competition, the President extended the safeguard measure through February 7, 2023. Read More→
https://www.usitc.gov/press_room/news_release/2023/er0807_64208.htm

ILWU Canada members ratify negotiated tentative agreement; the BCMEA is ready to work to restore stability to Canada’s supply chain

The British Columbia Maritime Employers Association (BCMEA) has received confirmation that International Longshore and Warehouse Union Canada (ILWU Canada) voting membership have ratified the four-year negotiated tentative agreement that was achieved with the assistance of the Canada Industrial Relations Board earlier this week. The BCMEA ratified the agreement on July 31st. The agreement was reached after five months of negotiations, conciliation and mediation, and five weeks of labour instability at B.C.’s ports.

The renewed collective agreement includes increases in wages, benefits and training that recognizes the skills and efforts of B.C.’s waterfront workforce, while providing certainty and stability for the future of Canada’s West Coast ports.

As we move forward to implement the terms of the agreement, we are committed to working collaboratively with our labour partners, the federal government and key stakeholders to rebuild the reputation of Canada’s largest gateway.

The BCMEA recognizes and regrets the profound repercussions this labour disruption has had on the national economy, workers, businesses and ultimately, all Canadians that depend on an efficient and reliable supply chain. All supply chain stakeholders must collaborate now to ensure we do not see disruptions like this ever again. Whether in Halifax, Montreal, or the Pacific Gateway, Canadians are relying on us – employers, unions, and the federal government – to keep goods flowing and ensure supply chain stability and resilience for the future. Read More→
https://www.bcmeanegotiations.com/ilwu-canada-members-ratify-negotiated/

Forced Labor Enforcement Task Force Publishes Updated Uyghur Forced Labor Prevention Act Strategy

WASHINGTON – Today, the Forced Labor Enforcement Task Force (FLETF) published an updated Uyghur Forced LaboUyghur Forced Labor Prevention Act Prevention Act (UFLPA) Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China.
 
The updated UFLPA Strategy highlights enforcement of the UFLPA’s rebuttable presumption, which prohibits goods from being imported into the United States that are either produced in Xinjiang, or by entities identified on the UFLPA Entity List, unless the importer can prove, by clear and convincing evidence, the goods were not produced with forced labor.  In the first year of enforcement under the new law, U.S Customs and Border Protection (CBP) reviewed more than 4,000 shipments valued at over $1.3 billion.
 
Additionally, the strategy highlights an expanded UFLPA Entity List, which as of August 2, 2023 will include four new companies.  Goods produced by Xinjiang Zhongtai Chemical Co., Ltd., Ninestar Corporation, including eight of its Zhuhai-based subsidiaries, Camel Group Co., Ltd., and Chenguang Biotech Group Co., Ltd., including one subsidiary, will be restricted from entering the United States because of their work with the PRC government to recruit, transport, transfer, harbor or receive forced labor or members of persecuted groups, including Uyghur minorities, out of the Xinjiang Uyghur region.
 
“The Forced Labor Enforcement Task Force represents a whole-of-government effort to implement the Uyghur Forced Labor Prevention Act.  Today’s additions demonstrate the United States’ unwavering commitment to eliminating forced labor, including by ensuring that goods made by forced labor are not imported into our country,” said Ambassador Katherine Tai. “The Office of the United States Trade Representative will continue to work with our interagency task force partners to implement this legislation and eliminate forced labor from our supply chains.” Read More→
https://ustr.gov/about-us/policy-offices/press-office/press-releases/2023/august/forced-labor-enforcement-task-force-publishes-updated-uyghur-forced-labor-prevention-act-strategy

DHS Announces Two Additional PRC-Based Companies as a Result of Forced Labor Enforcement

WASHINGTON – Today, the U.S. Department of Homeland Security (DHS) announced new enforcement actions to eliminate the use of forced labor practices in the U.S. supply chain and promote accountability for the ongoing genocide and crimes against humanity against Uyghurs and other religious and ethnic minority groups in the Xinjiang Uyghur Autonomous Region. The interagency Forced Labor Enforcement Task Force (FLETF), chaired by DHS, added two People’s Republic of China (PRC)-based companies to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. 

Effective August 2, 2023, goods produced by Camel Group Co., Ltd. and Chenguang Biotech Group Co., Ltd. and its subsidiary Chenguang Biotechnology Group Yanqi Co. Ltd. will be restricted from entering the United States as a result of the companies’ participation in business practices that target members of persecuted groups, including Uyghur minorities in the PRC. Camel Group Co., Ltd. is headquartered in Xiangyang City, Hubei Province, PRC and is among China’s largest lead-acid battery manufacturers. Chenguang Biotech Group Co., Ltd. is headquartered in Handan, Hebei province and produces plant-based extracts, food additives, natural dyes, pigments, and supplements from agricultural products; its subsidiary Chenguang Biotechnology Group Yanqi Co. Ltd. is located in the Xinjiang Uyghur Autonomous Region. DHS will publish the revised UFLPA Entity List as an appendix to a Federal Register notice.  Read More→ https://www.dhs.gov/news/2023/08/01/dhs-announces-two-additional-prc-based-companies-result-forced-labor-enforcement

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRONIC DEVICES AND SEMICONDUCTOR DEVICES HAVING WIRELESS COMMUNICATION CAPABILITIES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic devices and semiconductor devices having wireless communication capabilities and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation (notice of investigation).

The investigation is based on a complaint filed by Bell Northern Research, LLC of Chicago, IL, on June 21, 2023, and supplemented on July 3, 2023, and July 11, 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 electronic devices and semiconductor devices having wireless communication capabilities 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 respondents in this investigation:

  • ASUSTek Computer Inc., of Taipei, Taiwan;

  • ASUS Computer International., of Fremont, CA; 

  • Laird Connectivity, LLC, of Akron, OH;

  • Qualcomm Technologies, Inc., of San Diego, CA;

  • MediaTek Inc., of Hsinchu, Taiwan;

  • MediaTek USA Inc., of San Jose, CA;

  • NXP Semiconductors N.V., of Eindhoven, Netherlands; and 

  • NXP USA, Inc., of Austin, TX. 

By instituting this investigation (337-TA-1367), 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. Read More→
https://www.usitc.gov/press_room/news_release/2023/er0721_64152.htm

Prestressed Concrete Steel Wire Strand From Thailand: Final Results of Antidumping Duty Administrative Review; 2021

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) determines that The Siam Industrial Wire Co. Ltd. (SIW) made sales of subject merchandise in the United States at prices below normal value during the period of review (POR) January 1, 2021, through December 31, 2021.

DATES:

Applicable July 24, 2023.

FOR FURTHER INFORMATION CONTACT:

Samantha Kinney or Brian Smith, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2285 or (202) 482–1766, respectively.

SUPPLEMENTARY INFORMATION:

Background

On February 10, 2023, Comerce published the Preliminary Results of the 2021 administrative review of the antidumping duty order on prestressed concrete steel wire strand (PC Strand) from Thailand.[1] We invited interested parties to comment on the Preliminary Results. On June 6, 2023, Commerce extended the deadline for the final results of this administrative review until July 20, 2023.[2] For a summary of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.[3] Commerce conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Read More→

https://www.federalregister.gov/documents/2023/07/24/2023-15638/prestressed-concrete-steel-wire-strand-from-thailand-final-results-of-antidumping-duty

USITC VOTES TO CONTINUE INVESTIGATIONS ON PAPER SHOPPING BAGS FROM CAMBODIA, CHINA, COLOMBIA, INDIA, MALAYSIA, PORTUGAL, TAIWAN, TURKEY, 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 shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the governments of China and 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 shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam, with its preliminary countervailing duty determinations due on or about September 25, 2023, and its preliminary antidumping duty determinations due on or about November 16, 2023.

The Commission’s public report Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam (Inv. Nos. 701-TA-690-691 and 731-TA-1619-1627 (Preliminary), USITC Publication 5448, July 2023) will contain the views of the Commission and information developed during the investigations.

The report will be available by August 25, 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 shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam

Investigation Nos: 701-TA-690-691 and 731-TA-1619-1627 (Preliminary)

Product Description: Paper shopping bags with handles of any type, regardless of whether there is any printing, regardless of how the top edges are finished (e.g., folded, serrated, or otherwise finished), regardless of color, and regardless of whether the top edges contain adhesive or other material for sealing closed. Paper shopping bags have a width of at least 4.5 inches and depth of at least 2.5 inches. Paper shopping bags typically are made of kraft paper but can be made from any type of cellulose fiber, paperboard, or pressboard with a basis weight less than 300 grams per square meter (GSM). Read More→
https://www.usitc.gov/press_room/news_release/2023/er0714_64126.htm

USITC TO SYNTHESIZE AND REVIEW INFORMATION ON THE DISTRIBUTIONAL EFFECTS OF TRADE AND TRADE POLICY ON U.S. WORKERS IN FIVE TRIENNIAL REPORTS

The U.S. International Trade Commission (USITC) has instituted the first of five investigations that will synthesize and critically review information on the potential distributional effects of goods and services trade and trade policy on U.S. workers and underrepresented and underserved communities. The investigations were requested by the U.S. Trade Representative (USTR) in a letter received on January 25, 2023.

This first investigation, Distributional Effects of Trade and Trade Policy on U.S. Workers, 2026 (Inv. No. 332-599), will build on information presented in the 2022 USITC report  Distributional Effects of Trade and Trade Policy on U.S. Workers (Inv. No. 332-587). The Commission expects to submit its first report in the upcoming series to the USTR by January 20, 2026.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will prepare a public report that will include information gathered through:

  • Community-based open conversations targeted to the interests and concerns of specific underrepresented and underserved demographic and geographic communities. Additional information on the scope of the outreach is available in the Federal Register notice linked above; 

  • A symposium focused on academic or similar research on the distributional effects of trade and trade policy on underrepresented and underserved communities, including results of existing analysis, evaluation of methodologies, the use of public and restricted data in current analysis, identification of gaps in data and/or in the economic literature, and proposed analysis that could be done with restricted data; and 

  • Economic literature on the distributional effects of trade and trade policy on underrepresented and underserved communities including, among other things, the data limitations raised in these analyses. 

The Commission intends to publish a notice in the Federal Register at a later date of the time, place, and procedures to be followed for the community-based discussions and academic symposium and for the filing of written submissions from interested parties for this first report. Read More→
https://www.usitc.gov/press_room/news_release/2023/er0712_64121.htm

USITC RELEASES FIRST REPORT ON THE ECONOMIC IMPACT AND OPERATION OF THE USMCA AUTOMOTIVE RULES OF ORIGIN

The U.S. International Trade Commission (USITC) today released its first report on the economic impact on the United States of the United States-Mexico-Canada Agreement (USMCA) automotive rules of origin (ROOs), their operation and effects on the U.S. economy and U.S. competitiveness, and whether the rules remain relevant in light of technological changes in the United States.

The report, USMCA Automotive Rules of Origin: Economic Impact and Operation, 2023 Report, is required by section 202A(g)(2) of the USMCA Implementation Act (the Act) (19 U.S.C. § 4532(g)(2). The Act requires the USITC, an independent, nonpartisan, factfinding federal agency, to submit five biennial reports to the President, the House Committee on Ways and Means, and the Senate Committee on Finance. The next four reports are due in 2025, 2027, 2029, and 2031.

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

Select findings are detailed below.

  • As the USMCA has only been in force since July 1, 2020, and many of the ROOs have not been fully implemented due to staging, or phasing in, of requirements over a period of years, the full impact will likely not be apparent until the agreement is fully implemented, in 2027, or later.

  • For the period July 2020 through December 2022, the Commission’s economic modeling analysis indicated that the ROOs reduced U.S. imports of vehicle parts and increased U.S. revenues, employment, wage payments, and capital expenditures related to light vehicle and automotive parts production. The model also indicated that the ROOs increased the cost of producing light vehicles in the United States. The higher costs of U.S. vehicle production increased U.S. sales of imported light vehicle models from the rest of the world. Lower tariff preference utilization reduced U.S. imports of light vehicles from Canada and Mexico. These economic effects were concentrated in the automotive industry and had a negligible economy-wide impact. Read More→

https://www.usitc.gov/press_room/news_release/2023/er0630_64076.htm

U.S. International Trade in Goods and Services, May 2023

The U.S. Census Bureau and the U.S. Bureau of Economic Analysis announced today that the goods and services deficit was $69.0 billion in May, down $5.5 billion from $74.4 billion in April, revised.

Exports, Imports, and Balance (exhibit 1)

May exports were $247.1 billion, $2.1 billion less than April exports. May imports were $316.1 billion, $7.5 billion less than April imports.

The May decrease in the goods and services deficit reflected a decrease in the goods deficit of $4.8 billion to $91.3 billion and an increase in the services surplus of $0.7 billion to $22.3 billion.

Year-to-date, the goods and services deficit decreased $101.7 billion, or 22.8 percent, from the same period in 2022. Exports increased $48.0 billion or 3.9 percent. Imports decreased $53.7 billion or 3.2 percent.

Three-Month Moving Averages (exhibit 2)

The average goods and services deficit decreased $0.4 billion to $68.0 billion for the three months ending in May.

  • Average exports decreased $2.2 billion to $251.5 billion in May.

  • Average imports decreased $2.6 billion to $319.5 billion in May.

Year-over-year, the average goods and services deficit decreased $22.9 billion from the three months ending in May 2022.

  • Average exports increased $0.3 billion from May 2022.

  • Average imports decreased $22.6 billion from May 2022. Read More→

https://www.bea.gov/news/2023/us-international-trade-goods-and-services-may-2023