Commerce Proposes Rule to Advance U.S. National Security Interests and Implement Biden-Harris Administration’s AI Executive Order and National Cybersecurity Strategy
USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING STAINLESS STEEL BAR FROM INDIA
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on stainless steel bar from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing order on imports of this product from India will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, 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 Stainless Steel Bar from India (Inv. No. 731-TA-679 (Fifth Review), USITC Publication 5496, February 2024) will contain the views of the Commission and information developed during the review.
The report will be available by March 22, 2024; 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. Read More→
https://www.usitc.gov/press_room/news_release/2024/er0215_64861.htm
Canada to make steel supply chain more transparent
News release
February 21, 2024 - Ottawa, Ontario - Global Affairs Canada
The Government of Canada is committed to transparency in the collection and publication of data related to steel imports. Today, the Honourable Mary Ng, Minister of Export Promotion, International Trade and Economic Development, announced that beginning November 5th, 2024, steel importers will be required to report “country of melt and pour” information to the Canada Border Services Agency when completing their customs declarations under Canada’s Steel Import Monitoring Program.
As part of a phased-in approach, steel importers now have the option to begin reporting data regarding the country where raw steel was first produced. This process will ensure Canada is working with the steel industry to support an effective and smooth transition to mandatory reporting in fall 2024.
Global Affairs Canada will analyze this data and publish reports on steel import trends.
Quotes
“Canada is implementing a predictable and transparent process for collecting melt and pour information, which will bring more reliability and resiliency to the North American steel supply chain. This is yet another step Team Canada is taking to support good jobs and strengthen our North American competitiveness.”
- Mary Ng, Minister of Export Promotion, International Trade and Economic Development
Mexico Is Now the Top Exporter to the US. Is There Room for Growth?
Right now, Mexico is the biggest exporter to the US for the first time in 20 years.
The latest figures from the US Department of Commerce show that it overtook China in 2023.
US imports from Mexico rose to $475.6 billion in 2023 (+4.6%).
US imports from China fell to $427.2 billion in 2023 (-20.3%).
The So What
Mexico has long benefited from its proximity to the US, free trade agreements with North America, and competitive labor costs. Now, the trend for shorter supply chains and nearshoring is further boosting its appeal.
More than 90% of North American manufacturing executives surveyed by BCG in 2023 said they plan to move some of their production and sourcing to different countries in the next five years.
BCG estimates that trade between the US and Mexico stands to grow by a further $300 billion over the coming decade.
“This is the natural evolution of a multidecade journey during which the public and private sectors have worked together to capitalize Mexico’s sweet spot in the globalization landscape. Recent shifts in global trade patterns are creating new opportunities if issues such as the adequate supply of electricity, water, and skilled labor are addressed,” says Eduardo León, a BCG managing director and senior partner in Mexico.
The automotive sector and mechanical machinery have driven the expansion to date, with bulky goods giving Mexico the upper hand over locations further afield. That said, the rising popularity of Mexico as a preferred country to manufacture highly engineered products has also created recent challenges. “When it comes to automotives, it’s especially important to carefully manage supply chains and outbound logistics, given possible capacity constraints in rail, trucks, and ports,” says Martin Metzker, who leads BCG’s Global Advantage practice in North America.
Other industries with potential to scale include household appliances, power tools, and medical devices.
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https://www.bcg.com/publications/2024/mexico-top-exporter-to-us-growth-outlook
USITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING STAINLESS STEEL BAR FROM INDIA
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping order on stainless steel bar from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing order on imports of this product from India will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, 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 Stainless Steel Bar from India (Inv. No. 731-TA-679 (Fifth Review), USITC Publication 5496, February 2024) will contain the views of the Commission and information developed during the review.
The report will be available by March 22, 2024; 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.
USITC VOTES TO CONTINUE INVESTIGATIONS ON GLASS WINE BOTTLES FROM CHILE, CHINA, AND MEXICO
he 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 glass wine bottles from Chile, China, and Mexico 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, 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 glass wine bottles from Chile, China, and Mexico, with its preliminary countervailing duty determinations due on or about March 25, 2024, and its preliminary antidumping duty determinations due on or about June 6, 2024.
The Commission’s public report Glass Wine Bottles from Chile, China, and Mexico (Inv. Nos. 701-TA-703 and 731-TA-1661-1663 (Preliminary), USITC Publication 5493, February 2024) will contain the views of the Commission and information developed during the investigations.
The report will be available by March 19, 2024; 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
Glass Wine Bottles from Chile, China, and Mexico
Investigation Nos. 701-TA-703 and 731-TA-1661-1663 (Preliminary)
Product Description: The merchandise covered by the investigations is certain narrow neck glass bottles, with a nominal capacity of 740 milliliters (25.02 ounces) to 760 milliliters (25.70 ounces); a nominal total height between 24.8 centimeters (9.75 inches) to 35.6 centimeters (14 inches); a nominal base diameter between 4.6 centimeters (1.8 inches) to 11.4 centimeters (4.5 inches); and a mouth with an outer diameter of between 25 millimeters (.98 inches) to 37.9 millimeters (1.5 inches); frequently referred to as a "wine bottle."
USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN CAPACITIVE DISCHARGE IGNITION SYSTEMS, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain capacitive discharge ignition systems, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Altronic, LLC, of Girard, OH, on January 10, 2024, and supplemented on January 30, 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 capacitive discharge ignition systems, components thereof, and products containing the same that infringe a patent 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:
MOTORTECH GmbH of Celle, Germany; and
MOTORTECH Americas, LLC, of New Orleans, LA.
By instituting this investigation (337-TA-1390), 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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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.
U.S. INTERNATIONAL TRADE IN GOODS AND SERVICES, DECEMBER 2023
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
COMMERCE ISSUES RULES TO REFLECT EXPORT CONTROL COORDINATION WITH ALLIES AND PARTNERS AND FACILITATE SECURE TRADE
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
