Statement by Minister Ng on U.S. Department of Commerce preliminary review of duties on Canadian softwood lumber

Statement

February 1, 2024 - Ottawa, Ontario - Global Affairs Canada

The Honourable Mary Ng, Minister of Export Promotion, International Trade and Economic Development, today issued the following statement regarding the preliminary results of the U.S. Department of Commerce’s fifth administrative review of anti-dumping and countervailing duties on certain Canadian softwood lumber products:

“Canada is extremely disappointed that the U.S. Department of Commerce has signalled its intention to significantly increase its duties on softwood lumber from Canada from 8.05% to an estimated 13.86%. This measure is entirely unwarranted.

“U.S. duties on softwood lumber already unjustifiably harm consumers and producers on both sides of the border. Increased duties will further harm the Canadian softwood lumber industry, workers and communities, and make housing even less affordable for Americans.

“We will continue to work closely with provinces, territories and industry to defend Canadian interests through all available avenues, including litigation under NAFTA, the Canada-United States-Mexico Agreement, the U.S. Court of International Trade and at the WTO.

“Canada is confident that an end to these unfair U.S. duties will benefit both countries. We remain ready and willing to work with the United States toward a negotiated solution that allows for a return to predictable cross-border trade in softwood lumber.”

Quick facts

  • The U.S. Department of Commerce (Commerce) conducts an annual review of its anti-dumping (AD) and countervailing duty (CVD) orders.

  •  Commerce initiated the fifth administrative reviews of its softwood lumber AD and CVD duty orders on March 14, 2023. It issued the preliminary results of these reviews on February 1, 2024.

  • Since the review results are preliminary, they do not take effect.

  • Commerce is expected to issue its final results in summer 2024, at which time they will take effect.

Customs Notice 24-03: Safe Food for Canadians (SFC) license to import food to Canada

1. This Customs Notice replaces CN 20-01 Safe Food for Canadians (SFC) licence to import food to Canada.

2. The Canadian Food Inspection Agency (CFIA)’s Safe Food for Canadians Regulations (SFCR) came into force on January 15, 2019. Since then, commercial importers of meat and poultry products, dairy, egg, fish and seafood, fresh and processed fruits and vegetables, and honey and maple products have been required to hold a Safe Food for Canadians (SFC) licence. Verification of the SFC licence prior to import has been in place for these commodities since March 2021.

3. On July 15, 2020, the licensing requirement came into force for the manufactured foods sector. Manufactured foods include confectionary and snack foods (chips, candy, cookies, chocolates), non-alcoholic beverages (tea, coffee, carbonated drinks), grain-based foods (e.g. bread, cereals, pasta, baked goods) but was not subject to system verification.

4. The purpose of this customs notice is to advise commercial importers that as of February 12, 2024, verification of the SFC licence requirement prior to import will begin for imports of manufactured foods. All food importers that require a SFC licence must include a valid SFC licence number on their import declaration. Importers that do not declare a valid licence may have their shipments delayed or refused entry at the border, and importers may be subject to enforcement actions.

5. To find out if you need a licence, please refer to the CFIA's Licensing interactive tool. More information, including how to apply for a licence, is available on the CFIA’s Food licences page. Importers requiring an SFC licence are encouraged to submit their application as soon as possible to avoid delays or rejection of shipments at the border.

6. Businesses must obtain their SFC licence before presenting their shipment at the border. They will not be able to obtain a SFC licence at the border.

  • Note: The SFC licence number must be declared exactly as it was issued by the CFIA. All of the numbers and letters must be entered correctly on the import declaration.

  • SFC licence applications can take up to 15 business days, complex applications can take longer.

Preliminary Affirmative Determination in the Antidumping Duty (AD) Investigation of Certain Pea Protein from the People’s Republic of China

On February 8, Commerce announced its affirmative preliminary determination in the AD investigation of certain pea protein from the People’s Republic of China (China). Commerce is conducting a concurrent countervailing duty investigation on imports of Certain Pea Protein from China.

Mexico Overtakes China as the Leading Source of Goods Imported by US

WASHINGTON (AP) — For the first time in more than two decades, Mexico last year surpassed China as the leading source of goods imported by the United States. The shift reflects the growing tensions between Washington and Beijing as well as U.S. efforts to import from countries that are friendlier and closer to home.

Figures released Wednesday by the U.S. Commerce Department show that the value of goods imported by the United States from Mexico rose nearly 5% from 2022 to 2023, to more than $475 billion. At the same time, the value of Chinese imports tumbled 20% to $427 billion. Read More →
https://www.usnews.com/news/business/articles/2024-02-07/mexico-overtakes-china-as-the-leading-source-of-goods-imported-to-us#:~:text=Figures%20released%20Wednesday%20by%20the,tumbled%2020%25%20to%20%24427%20billion

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN COMPUTING DEVICES UTILIZING INDEXED SEARCH SYSTEMS AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain computing devices utilizing indexed search systems 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 X1 Discovery, Inc., of Pasadena, CA, on December 19, 2023, and supplemented on January 4, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain computing devices utilizing indexed search systems 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 order. 

The USITC has identified the following respondents in this investigation:

  • ASUSTeK Computer Inc. of Taipei City, Taiwan; 

  • ASUS Computer International of Fremont, CA; 

  • Acer Inc. of Xizhi, Taiwan; 

  • Acer American Corporation of San Jose, CA;

  • Dell Technologies Inc. of Round Rock, TX; 

  • Dell (Chengdu) Company Limited of Sichuan, China; and 

  • Dell Products L.P. of Round Rock, TX.

By instituting this investigation (337-TA-1389), 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/2024/er0123_64785.htm

GAS POWERED PRESSURE WASHERS FROM CHINA 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 gas powered pressure washers from China that the U.S. Department of Commerce (Commerce) has determined are 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, and Amy A. Karpel voted in the affirmative. 

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty and countervailing orders on imports of this product from China. 

The Commission also made negative critical circumstances findings with respect to imports of this product from China. As a result, these imports will not be subject to retroactive antidumping and countervailing duties.

The Commission’s public report Gas Powered Pressure Washers from China (Inv. Nos. 701-TA-684 and 731-TA-1597 (Final), USITC Publication 5488, February 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by March 4, 2024; 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 

Gas Powered Pressure Washers from China  

Product Description:  The products covered by these investigations are cold-water gas powered pressure washers ("GPPW"). These machines have three main components: an internal combustion engine, a power take-off shaft, and a positive displacement pump. Together, these components are known as the "power unit." GPPW include both finished and unfinished gas powered pressure washers, which include, at a minimum, the power unit, or components of the components of the power unit, packaged or imported together. Additional components, including, but not limited to, spray guns, nozzles, and hoses, may accompany the power unit. Read More → 

https://www.usitc.gov/press_room/news_release/2024/er0124_64786.htm

CSMS # 59212404 - FDA Posts Document Related to Electronic Nicotine Delivery System (ENDS) Products for Importers-Updated

The U.S. Food and Drug Administration (FDA) has posted a user-friendly document to provide information needed for successful filing of Electronic Nicotine Delivery Systems (ENDS) products.

ENDS products offered for import into the U.S. that meet the definition of a tobacco product are regulated by the FDA. In order to avoid delay of FDA admissibility determination, importers should provide the indicated information needed to their customs broker. ENDS products differing in any characteristic (including brand name, flavor, etc.) must be declared on separate FDA lines in an entry filed via ACE.

Information for successfully filing entries of Electronic Nicotine Delivery System (ENDS) Product

Related Message: CSMS# 5907442

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https://content.govdelivery.com/bulletins/gd/USDHSCBP-3878274?wgt_ref=USDHSCBP_WIDGET_2

USITC EXAMINES APPAREL EXPORT COMPETITIVENESS OF FIVE U.S. IMPORT SOURCES

The U.S. International Trade Commission (USITC) is undertaking a new factfinding investigation that will examine the export competitiveness of the apparel industries in Bangladesh, Cambodia, India, Indonesia, and Pakistan. 

This investigation, Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States (Investigation No. 332-602), was requested by the U.S. Trade Representative in a letter received on December 20, 2023.

As requested, the USITC, an independent, nonpartisan federal agency, will prepare a public report. The report will provide, to the extent practicable:

  • A comparison of the relative U.S. market shares held by Bangladesh, Cambodia, India, Indonesia, and Pakistan currently (up to and including calendar year 2023, if available) and five (2018) and ten (2013) years ago; and an analysis of changing patterns in market shares and trade including against other top suppliers, noting any significant shifts; 

  • Country-specific profiles of the apparel industries in the above-listed countries, including information on investment, vertical integration, duty-free access to the U.S. market, wages and labor productivity, and sourcing of inputs, as well as an assessment of the export competitiveness of each country in the U.S. market considering major factors of competitiveness such as trade, industry structure, price and costs, product differentiation, and reliability, using available statistical and qualitative information; 

  • A review of general literature on the key determinants driving export competitiveness in the global apparel industry, to the extent that it is relevant to conditions in the selected countries; and 

  • A data appendix, to the degree that additional data relevant to competitiveness are identified by the review of the literature and are available. 

The USITC expects to submit its report to the Trade Representative by August 30, 2024.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on March 7, 2024. A link to the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/calendar.html. Read More→
https://www.usitc.gov/press_room/news_release/2024/er0116_64763.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRONIC COMPUTING DEVICES, AND COMPONENTS AND MODULES THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic computing devices, and components and modules 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 Telefonaktiebolaget LM Ericsson of Stockholm, Sweden, on December 12, 2023, and supplemented on January 2, 2024. 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 computing devices, and components and modules thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a permanent limited exclusion order and permanent cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Lenovo (United States) Inc. of Morrisville, North Carolina; 

  • Lenovo Group Limited of Beijing, China;

  • Lenovo (Shanghai) Electronics Technology Co., Ltd., of Shanghai, China; 

  • Lenovo Beijing Co., Limited, of Beijing, China; 

  • Lenovo PC HK Limited of Hong Kong; and 

  • Lenovo Information Products (Shenzhen) Co. Ltd. of Shenzhen, China. 

By instituting this investigation (337-TA-1387), 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/2024/er0111_64747.htm

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

The U.S. Census Bureau and the U.S. Bureau of Economic Analysis announced today that the goods and services deficit was $63.2 billion in November, down $1.3 billion from $64.5 billion in October, revised.

Exports, Imports, and Balance (exhibit 1)

November exports were $253.7 billion, $4.8 billion less than October exports. November imports were $316.9 billion, $6.1 billion less than October imports.

The November decrease in the goods and services deficit reflected a decrease in the goods deficit of $0.6 billion to $89.4 billion and an increase in the services surplus of $0.7 billion to $26.2 billion.

Year-to-date, the goods and services deficit decreased $161.8 billion, or 18.4 percent, from the same period in 2022. Exports increased $28.8 billion or 1.0 percent. Imports decreased $133.0 billion or 3.6 percent. Read More→ https://www.bea.gov/news/2024/us-international-trade-goods-and-services-november-2023

FMC Announces Hearing on Shipping Conditions in the Red Sea

Posted January 12, 2024

The Federal Maritime Commission will hold an informal public hearing on February 7, 2024, to examine how conditions in the Red Sea and Gulf of Aden regions are impacting commercial shipping and global supply chains.

The hearing will allow stakeholders in the supply chain to communicate with the Commission how operations have been disrupted by attacks on commercial shipping emanating from Yemen, steps taken in response to these events, and the resulting effects.  In addition, the hearing will allow the Commission to gather information and identify any new issues related to these disruptions subject to Commission statutes, such as implementing contingency fees and surcharges.

Interested parties can request to be considered as a participant or share information and comments by a written submission to the Commission at Secretary@FMC.gov until January 31, 2024. Panels and participants will be announced at a later date and are intended to include representatives of vessel-operating common carriers and shippers. Participants must present in person; there will be no virtual option for presenters.

The hearing is scheduled for Wednesday, February 7, 2024, and will be held in the Surface Transportation Board Hearing Room located at 395 E Street, SW, Washington, D.C. 20423.  It will be livestreamed for those unable to attend in person. Hearing logistics will be provided in a future announcement.

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 https://www.fmc.gov/fmc-announces-hearing-on-shipping-conditions-in-the-red-sea-2/

Impacts From Threats to Shipping

Posted December 21, 2023

The Federal Maritime Commission is aware that ocean common carriers are adjusting vessel operations and deployments in response to threats to commercial shipping in the Red Sea and Gulf of Aden regions.

In doing so, carriers are announcing rate increases and/or instituting fees or surcharges ostensibly to recoup expenses associated with longer voyages and/or higher costs of insurance and security. However, these charges must meet strict legal requirements. Furthermore, competition among carriers must not be suspended and carriers and parties to vessel sharing agreements must continue to obey the Shipping Act, other U.S. competition laws, and all other applicable laws.

The Federal Maritime Commission is monitoring actions taken by ocean common carriers related to rates, fees, and surcharges to ensure their compliance with all statutory and regulatory requirements.

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USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN PASSIVE OPTICAL NETWORK EQUIPMENT

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain passive optical network equipment. 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 Optimum Communications Services, Inc., of Jersey City, NJ, on November 14, 2023; amended on November 22, 2023; and supplemented on November 22, November 30, and December 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 passive optical network equipment that infringe complainant’s patents. The complainant requests that the USITC issue a permanent general exclusion order and permanent cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Hangzhou Softel Optic Co., Ltd., of Zhejiang, China;

  • Hangzhou DAYTAI Network Technologies Co., Ltd., of Hangzhou, China; and 

  • Hangzhou Sumlo Industrial Co., Ltd., of Zhejiang, China.

By instituting this investigation (337-TA-1384), 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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Preliminary Affirmative Determinations in the Antidumping Duty (AD) Investigations of Certain Paper Shopping Bags from Cambodia, the People’s Republic of China (China), Colombia, India, Malaysia,...

Portugal, Taiwan, the Republic of Turkey (Turkey) and the Socialist Republic of Vietnam (Vietnam)

On December 28, Commerce announced affirmative preliminary determinations in the AD investigations of certain paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam. Commerce is conducting concurrent countervailing duty investigations on imports of certain paper shopping bags from China and India.

GUIDANCE: Extension of Section 301 China Product Exclusions CSMS # 58869963

The purpose of this message is to provide guidance on the further extension of the 352 reinstated Section 301 exclusions and 77 COVID-related Section 301 exclusions until May 31, 2024.

BACKGROUND

On December 26, 2023, the United States Trade Representative (USTR) issued press release: USTR Extends Exclusions from China Section 301 Tariffs to Allow for Comments on a Review of the Exclusions and Alignment with Four-Year Review | United States Trade Representative, extending the 429 product specific exclusions still in effect (352 reinstated exclusions and 77 COVID-related exclusions) through May 31, 2024. See 88 FR 90225.

The 352 reinstated Section 301 product exclusions are listed in Annex A to FRN 87 FR 17380. The 77 COVID-related exclusions are listed in Annex B to FRN 88 FR 31580. 

Automated Commercial Environment (ACE) functionality for the acceptance of the extended product exclusions will be available on January 4, 2024, as of 7 am eastern standard time.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below: Read More→

https://content.govdelivery.com/bulletins/gd/USDHSCBP-38248cb?wgt_ref=USDHSCBP_WIDGET_2

INFORMATION: 2024 European Union Tariff Rate Quota Steel and Aluminum Interim Notice CSMS # 58853159

EU steel and aluminum quota entries can be transmitted beginning January 2, 2024 12:01 AM Local Port time.

CBP is preparing for deployment of the 2024 Section 232 EU Steel and Aluminum TRQ programs. The 2024 EU steel and aluminum quotas will be put in a “Hold” status, allowing entries for quota type merchandise to proceed in 2024. All properly filed entries will receive a “Quota Pending” message.

When the quota “Hold” is released quota will be accepted in first come, first served order based on the quota presentation dates of entries entered on hold. Quota limits will be filled chronologically until one or more entries with the same time stamp exceed programmed limits. These entries will be prorated. Entries with later presentation dates will be rejected to be refiled as over-quota entries.

2024 Interim EU Steel Bulletin: https://www.cbp.gov/trade/quota/bulletins/qb-24-699-2024

2024 Interim EU Aluminum Bulletin: https://www.cbp.gov/trade/quota/bulletins/qb-24-799-2024

The “STX” steel extended exclusions list for 2024 announced on the Department of Commerce website will be available in ACE on January 4, 2024.

CBP will issue a CSMS message when the final 2024 EU steel and aluminum quota “Hold” is released.

Questions regarding this message should be referred to Headquarters Quota and Agriculture Branch at HQQuota@cbp.dhs.gov.

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USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN ELECTRONIC COMPUTING DEVICES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic computing 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 Lenovo (United States) Inc. of Morrisville, NC, on November 15, 2023, and supplemented on December 4, 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 computing devices and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • ASUSTeK Computer Inc. of Taipei, Taiwan; and 

  • ASUS Computer International of Fremont, California.

By instituting this investigation (337-TA-1382), 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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