PAPER SHOPPING BAGS FROM CAMBODIA, CHINA, COLOMBIA, INDIA, MALAYSIA, PORTUGAL, TAIWAN, AND VIETNAM, 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 paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and imports of paper shopping bags that Commerce has determined are subsidized by the governments of China and India.

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

As a result of the Commission’s affirmative determination, Commerce will issue countervailing duty orders on imports of this product from China and India and antidumping duty orders on products imported from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam.

The Commission also made negative findings concerning critical circumstances with regard to imports of these products from Cambodia, China, India, Taiwan, and Vietnam.  As a result, imports of paper shopping bags from these countries will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam (Inv. Nos. 701-TA-690-691 and 731-TA-1619-1625 and 731-TA-1627 (Final), USITC Publication 5522, July 2024) will contain the views of the Commission and information developed during the investigation.

The report will be available by July 19, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS).

###

https://www.usitc.gov/press_room/news_release/2024/er0621_65322.htm

FINAL RULE: GREENHOUSE Gas Emissions Standards for Heavy-Duty Vehicles - Phase 3

Rule Summary

Related Information

Para información en español, haga clic aquí.

On March 29, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule, “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3,” that sets stronger standards to reduce greenhouse gas emissions from heavy-duty (HD) vehicles beginning in model year (MY) 2027. The new standards will be applicable to HD vocational vehicles (such as delivery trucks, refuse haulers, public utility trucks, transit, shuttle, school buses, etc.) and tractors (such as day cabs and sleeper cabs on tractor-trailer trucks).

The final “Phase 3” standards build on EPA’s Heavy-Duty Phase 2 program from 2016 and maintain that program’s flexible structure, which is designed to reflect the diverse nature of the heavy-duty vehicle industry. The standards are technology-neutral and performance-based, allowing each manufacturer to choose what set of emissions control technologies is best suited for them and the needs of their customers. Read More → https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-greenhouse-gas-emissions-standards-heavy-duty#:~:text=Rule%20Summary,-Related%20Information&text=On%20March%2029%2C%202024%2C%20the,model%20year%20(MY)%202027

PAPER SHOPPING BAGS FROM CAMBODIA, CHINA, COLOMBIA, INDIA, MALAYSIA, PORTUGAL, TAIWAN, AND VIETNAM, 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 paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and imports of paper shopping bags that Commerce has determined are subsidized by the governments of China and India.

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

As a result of the Commission’s affirmative determination, Commerce will issue countervailing duty orders on imports of this product from China and India and antidumping duty orders on products imported from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam.

The Commission also made negative findings concerning critical circumstances with regard to imports of these products from Cambodia, China, India, Taiwan, and Vietnam.  As a result, imports of paper shopping bags from these countries will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam (Inv. Nos. 701-TA-690-691 and 731-TA-1619-1625 and 731-TA-1627 (Final), USITC Publication 5522, July 2024) will contain the views of the Commission and information developed during the investigation.

The report will be available by July 19, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.

Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS).

###

https://www.usitc.gov/press_room/news_release/2024/er0621_65322.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN WI-FI ACCESS POINTS, ROUTERS, RANGE EXTENDERS, CONTROLLERS AND COMPONENTS THEREOF

On Friday, June 14, 2024, the U.S. International Trade Commission (USITC) voted to institute an investigation of certain Wi-Fi access points, routers, range extenders, controllers 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 TP-Link USA Corporation of Irvine, CA, and TP-Link Corporation PTE Ltd. of Singapore, on May 7, 2024, and supplemented on May 15, 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 Wi-Fi access points, routers, range extenders, controllers and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified Netgear Inc. of San Jose, CA as the respondent in this investigation.

By instituting this investigation (337-TA-1405), 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.

###

https://www.usitc.gov/press_room/news_release/2024/er0617_65305.htm

Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3

Rule Summary

Related Information

Para información en español, haga clic aquí.

On March 29, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule, “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3,” that sets stronger standards to reduce greenhouse gas emissions from heavy-duty (HD) vehicles beginning in model year (MY) 2027. The new standards will be applicable to HD vocational vehicles (such as delivery trucks, refuse haulers, public utility trucks, transit, shuttle, school buses, etc.) and tractors (such as day cabs and sleeper cabs on tractor-trailer trucks).

The final “Phase 3” standards build on EPA’s Heavy-Duty Phase 2 program from 2016 and maintain that program’s flexible structure, which is designed to reflect the diverse nature of the heavy-duty vehicle industry. The standards are technology-neutral and performance-based, allowing each manufacturer to choose what set of emissions control technologies is best suited for them and the needs of their customers.

https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-greenhouse-gas-emissions-standards-heavy-duty#:~:text=Rule%20Summary,-Related%20Information&text=On%20March%2029%2C%202024%2C%20the,model%20year%20(MY)%202027

DHS Adds PRC-Based Seafood, Aluminum, and Footwear Entities to Uyghur Forced Labor Prevention Act Enforcement List

Release Date: June 11, 2024

UFLPA Entity List Currently Restricts Goods from 68 PRC-Based Companies from Entering the United States

WASHINGTON – Today, the U.S. Department of Homeland Security (DHS) announced the addition of three People’s Republic of China (PRC)-based seafood, aluminum, and footwear companies to the Uygur Forced Labor Prevention Act (UFLPA) Entity List. Through these actions, DHS is increasing its focus on seafood, aluminum, and shoes—sectors that play an important role in Xinjiang’s economy – and ensuring goods made with forced labor are kept out of the U.S. market.

Effective June 12, 2024, U.S. Customs and Border Protection (CBP) will apply a rebuttable presumption that goods produced by these entities will be prohibited from entering the United States. By identifying entities found to utilize and/or facilitate the forced labor of Uyghurs and other persecuted groups from the Xinjiang Uyghur Autonomous Region (XUAR), the UFLPA Entity List provides companies with more information about the potential involvement of forced labor in their supply chains.

The entities being added to the UFLPA Entity List today include Dongguan Oasis Shoes Co., Ltd. (also known as Dongguan Oasis Shoe Industry Co., Ltd.; Dongguan Luzhou Shoes Co., Ltd.; and Dongguan Lvzhou Shoes Co., Ltd.), Shandong Meijia Group Co., Ltd. (also known as Rizhao Meijia Group), and Xinjiang Shenhuo Coal and Electricity Co., Ltd.

“The Department of Homeland Security will not tolerate forced labor in U.S. supply chains and will enforce our laws across all industries and sectors,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We will continue to investigate companies that use or facilitate forced labor and will hold those entities responsible. We urge stakeholders across industry, civil society and our international partners to work with us to eliminate the scourge of forced labor.” Read More →

https://www.dhs.gov/news/2024/06/11/dhs-adds-prc-based-seafood-aluminum-and-footwear-entities-uyghur-forced-labor

MATTRESSES FROM BOSNIA AND HERZEGOVINA, BULGARIA, BURMA, ITALY, PHILIPPINES, POLAND, SLOVENIA, AND TAIWAN, 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 mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, Philippines, Poland, Slovenia, and Taiwan that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

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

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will issue antidumping duty orders on imports from Bosnia and Herzegovina, Bulgaria, Burma, Italy, Philippines, Poland, Slovenia, and Taiwan.

The Commission made an affirmative critical circumstances finding with regard to imports of this product1  from Burma.   The Commission made negative critical circumstances findings with regard to imports of this product from Bosnia, Italy, the Philippines, and Taiwan.2

The Commission’s public report on Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, Italy, Philippines, Poland, Slovenia, and Taiwan (Inv. Nos. 731-TA-1629-1631, 1633, 1636-1638, and 1640 (Final), USITC Publication 5520, June 2024) will contain the views of the Commission and information developed during the investigations. 

The report will be available by July 9, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS).
 

1  Chairman David S. Johanson dissenting. 
2  Commissioner Jason E. Kearns dissenting with respect to Bosnia.
 

###

USITC VOTES TO CONTINUE INVESTIGATIONS ON CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES FROM CAMBODIA, MALAYSIA, THAILAND, 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 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the governments of Malaysia, Thailand, and Vietnam. The USITC also determined that there is a reasonable indication that a U.S. industry is threatened with material injury by reason of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia that are allegedly subsidized by the government of Cambodia.

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 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and Vietnam, with its preliminary countervailing duty determinations due on or about July 18, 2024, and its preliminary antidumping duty determinations due on or about October 1, 2024.

The Commission’s public report Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules from Cambodia, Malaysia, Thailand, and Vietnam; Inv. Nos. 701-TA-722-725 and 731-TA-1690-1693 (Preliminary), USITC Publication 5517, June 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by July 5, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library. Read More →

https://www.usitc.gov/press_room/news_release/2024/er0607_65269.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SURFACE CLEANING DEVICES AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain surface cleaning 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 SharkNinja Operating LLC of Needham, MA; Omachron Alpha Inc. of Hampton, Canada; and Omachron Intellectual Property Inc. of Hampton, Canada, on April 23, 2024, and supplemented on May 9, 2024.  An amended complaint was filed on May 16, 2024, and supplemented on May 23, 2024.  The amended complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain surface cleaning devices and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • Dyson, Inc. of Chicago, IL,

  • Dyson Technology Limited of Malmesbury, United Kingdom, and 

  • Dyson Canada Limited of Toronto, Canada.

By instituting this investigation (337-TA-1404), 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.

###

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN SENSORS WITH PIXELS AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain sensors with pixels and products containing 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 SiOnyx, LLC of Beverly, MA, on April 30, 2024, and supplemented on May 7, 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 sensors with pixels and products containing same 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:

  • Samsung Electronics, Co., Ltd. of Suwon, South Korea,

  • Samsung Electronics America, Inc. of Ridgefield Park, NJ, and

  • Samsung Semiconductor, Inc. of San Jose, CA.

By instituting this investigation (337-TA-1403), 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.

###

DHS Adds PRC-Based Seafood, Aluminum, and Footwear Entities to Uyghur Forced Labor Prevention Act Enforcement List

WASHINGTON – Today, the U.S. Department of Homeland Security (DHS) announced the addition of three People’s Republic of China (PRC)-based seafood, aluminum, and footwear companies to the Uygur Forced Labor Prevention Act (UFLPA) Entity List. Through these actions, DHS is increasing its focus on seafood, aluminum, and shoes—sectors that play an important role in Xinjiang’s economy – and ensuring goods made with forced labor are kept out of the U.S. market.

Effective June 12, 2024, U.S. Customs and Border Protection (CBP) will apply a rebuttable presumption that goods produced by these entities will be prohibited from entering the United States. By identifying entities found to utilize and/or facilitate the forced labor of Uyghurs and other persecuted groups from the Xinjiang Uyghur Autonomous Region (XUAR), the UFLPA Entity List provides companies with more information about the potential involvement of forced labor in their supply chains.

The entities being added to the UFLPA Entity List today include Dongguan Oasis Shoes Co., Ltd. (also known as Dongguan Oasis Shoe Industry Co., Ltd.; Dongguan Luzhou Shoes Co., Ltd.; and Dongguan Lvzhou Shoes Co., Ltd.), Shandong Meijia Group Co., Ltd. (also known as Rizhao Meijia Group), and Xinjiang Shenhuo Coal and Electricity Co., Ltd.

“The Department of Homeland Security will not tolerate forced labor in U.S. supply chains and will enforce our laws across all industries and sectors,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We will continue to investigate companies that use or facilitate forced labor and will hold those entities responsible. We urge stakeholders across industry, civil society and our international partners to work with us to eliminate the scourge of forced labor.” Read More →
https://www.dhs.gov/news/2024/06/11/dhs-adds-prc-based-seafood-aluminum-and-footwear-entities-uyghur-forced-labor

DHS Announces 26 Additional PRC-Based Textile Companies to the UFLPA Entity List

WASHINGTON – Today, the U.S. Department of Homeland Security (DHS) announced the addition of 26 textile companies based in the People’s Republic of China (PRC) to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. Effective May 17, 2024, goods produced by the named 26 entities will be restricted from entering the United States. By focusing on cotton manufacturers based outside of the Xinjiang Uyghur Autonomous Region (XUAR) that source cotton from the XUAR, their designation will increase transparency and ensure responsible companies can conduct due diligence on their supply chains to ensure they do not include goods made with forced labor.

The Forced Labor Enforcement Task Force (FLETF), chaired by DHS, is taking these steps as part of the United States’ commitment to eliminating the use of forced labor in the U.S. supply chain and promoting accountability for the ongoing genocide and crimes against humanity against Uyghurs and other religious and ethnic minority groups in the XUAR.

“The Department of Homeland Security will not tolerate forced labor in our nation’s supply chains,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Today's announcement strengthens our enforcement of the UFLPA and helps responsible companies conduct due diligence so that, together, we can keep the products of forced labor out of our country. We will continue to execute on our textile enforcement strategy and hold the PRC accountable for their exploitation and abuse of the Uyghur people.”

Since the UFLPA was signed into law in December 2021, the FLETF has added 65 entities to the UFLPA Entity List. These entities reach into the apparel, agriculture, polysilicon, plastics, chemicals, batteries, household appliances, electronics, and food additives sectors, among others. The interagency FLETF – which also includes the Office of the U.S. Trade Representative and the U.S. Departments of Commerce, Justice, Labor, State, and the Treasury – voted to add the 26 companies to the UFLPA Entity List. Today’s announcement represents the largest ever one-time expansion to the UFLPA Entity List. Read More →
https://www.dhs.gov/news/2024/05/16/dhs-announces-26-additional-prc-based-textile-companies-uflpa-entity-list

US Customs tightens enforcement on low-value e-commerce trade

U.S. Customs and Border Protection has suspended several customs brokers from a program that was designed to speed entry for low-value shipments but has paved the way for an explosion of e-commerce imports from China and India that the agency is struggling to police.

CBP didn’t spell out specifics in Friday’s suspension announcement but implied the intermediaries were penalized because filings for cargo release repeatedly failed to comply with requirements that the importer use “reasonable care” to properly classify and value goods, and for late filing of required data.

Under a 2016 update to U.S. trade regulations, the aggregate retail value of articles that a single person in one day can import free of duty and taxes — and without a detailed, formal customs declaration — was raised to $800. The previous threshold to qualify for an import duty exemption was $200. 

The de minimis — or minimum — threshold was changed to accommodate the growing appetite for purchases made online and shipped directly to the consumer’s door and because the duties on low-dollar imports were so small it wasn’t worth the expenditure of CBP resources to collect them, according to trade compliance experts. The rule changes led to a wave of just-in-time packages from companies such as Shein and Temu, overwhelming CBP’s ability to identify suspicious parcels and raising alarm that smugglers of fentanyl, counterfeits and other illicit products are exploiting the process. Read More →

BRASS ROD FROM BRAZIL, INDIA, MEXICO, SOUTH AFRICA, AND SOUTH KOREA 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 brass rod from Brazil, India, Mexico, South Africa, and South Korea 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 South Korea.

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

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from Brazil, India, Mexico, South Africa, and South Korea. 

The Commission’s public report Brass Rod from Brazil, India, Mexico, South Africa, and South Korea (Inv. Nos. 701-TA-688 and 731-TA-1612-1613 and 1615-1617 (Final), USITC Publication 5513, June 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by June 19, 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

Brass Rod from Brazil, India, Mexico, South Africa, and South Korea

Investigation Nos: 701-TA-688 and 731-TA-1612-1613 and 1615-1617 (Final)

Product Description: The products covered by this investigation are brass rod and bar (“brass rod”), which is defined as leaded, low-lead, and no-lead solid brass made from alloys such as, but not limited to the following alloys classified under the Unified Numbering System (UNS) as C27450, C27451, C27460, C34500, C35000, C35300, C35330, C36000, C36300, C37000, C37700, C48500, C67300, C67600, and C69300, and their international equivalents. The brass rod subject to these investigations has an actual cross-section or outside diameter greater than 0.25 inches but less than or equal to 12 inches. Brass rod may be produced in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927. Conformity to an ASTM standard is not required for the merchandise to be included within the scope. Read More →

https://www.usitc.gov/press_room/news_release/2024/er0522_65207.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN HIGH-STRENGTH ALUMINUM OR ALUMINUM ALLOY-COATED STEEL, AND AUTOMOTIVE PRODUCTS AND AUTOMOBILES CONTAINING SAME

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain high-strength aluminum or aluminum alloy-coated steel, and automotive products and automobiles containing 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 ArcelorMittal of Luxembourg on April 17, 2024, and supplemented on April 24 and May 1, 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 high-strength aluminum or aluminum alloy-coated steel, and automotive products and automobiles containing same 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:

  • VinFast Auto Ltd. of Hai Phong City, Vietnam,

  • VinFast Auto, LLC of Los Angeles, CA,

  • VinFast USA Distribution, LLC of Los Angeles, CA,

  • Vingroup USA, LLC of Los Angeles, CA, and

  • VinFast Trading and Production JSC, of Hai Phong City, Vietnam.

By instituting this investigation (337-TA- 1402), 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.

###

https://www.usitc.gov/press_room/news_release/2024/er0520_65198.htm

USTR Issues Federal Register Notice on Section 301 Proposed Tariff Modifications and Machinery Exclusion Process

WASHINGTON – United States Trade Representative Katherine Tai today released the following statement concerning the statutory review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation:

“Today, I am following through on my commitment to stand up to the People’s Republic of China’s unfair trade practices by issuing a formal proposal to modify the tariff actions,” said Ambassador Katherine Tai. “The President has directed me to make substantial tariff increases on targeted, strategic products, and this is an important step to carry out that vision. The President and I will continue to fight for American workers, and for our economic future and national security.”

In a Report issued last week, the Trade Representative found that the People’s Republic of China (PRC) has not eliminated its technology transfer related acts, policies, and practices, which continue to impose a burden or restriction on U.S. commerce. The Report also found that the PRC has persisted, and in some cases become aggressive, including through cyber intrusions and cybertheft, in its attempts to acquire and absorb foreign technology. Based on these findings, Ambassador Tai recommended a series of actions to President Biden to further encourage the PRC to eliminate its harmful, acts, policies, and practices. 

On May 14, 2024, after considering the advice of the Trade Representative, President Biden directed the Trade Representative to take a number of actions.

In accordance with President Biden’s direction, Ambassador Tai is issuing a formal proposal in the Federal Register to increase tariffs on specific products in strategic sectors. The notice also establishes the framework for an exclusion process for machinery, and proposes temporary exclusions for 19 tariff lines for solar manufacturing equipment. The notice establishes a 30-day period for public comment on these modifications.

Background
In May 2022, USTR commenced the statutory four-year review process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation. In September 2022, USTR announced that because requests for continuation were received, the tariff actions had not terminated and USTR would conduct a review of the tariff actions. USTR opened a docket on November 15, 2022, for interested persons to submit comments with respect to a number of considerations concerning the review. USTR received nearly 1,500 comments.

As part of the statutory review process, throughout 2023 and early 2024, USTR and the Section 301 Committee (a staff-level body of the USTR-led, interagency Trade Policy Staff Committee) held numerous meetings with agency experts concerning the review and the comments received. 

Specifically, the Report concludes:

The Section 301 actions have been effective in encouraging the PRC to take steps toward eliminating some of its technology transfer-related acts, policies, and practices and have reduced some of the exposure of U.S. persons and businesses to these technology transfer-related acts, policies, and practices.

The PRC has not eliminated many of its technology transfer-related acts, policies, and practices, which continue to impose a burden or restriction on U.S. commerce. Instead of pursuing fundamental reform, the PRC has persisted, and in some cases become aggressive, including through cyber intrusions and cybertheft, in its attempts to acquire and absorb foreign technology, which further burden or restrict U.S. commerce.

Economic analyses generally find that tariffs (particularly PRC retaliation) have had small negative effects on U.S. aggregate economic welfare, positive impacts on U.S. production in the 10 sectors most directly affected by the tariffs, and minimal impacts on economy-wide prices and employment.

Negative effects on the United States are particularly associated with retaliatory tariffs that the PRC has applied to U.S. exports.

Critically, these analyses examine the tariff actions as isolated policy measures without reference to the policy landscape that may be reinforcing or undermining the effects of the tariffs.

Economic analyses, including the principal U.S. Government analysis published by the U.S. International Trade Commission, generally find that the Section 301 tariffs have contributed to reducing U.S. imports of goods from the PRC and increasing imports from alternate sources, including U.S. allies and partners, thereby potentially supporting U.S. supply chain diversification and resilience.

###

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2024/may/ustr-issues-federal-register-notice-section-301-proposed-tariff-modifications-and-machinery

USITC VOTES TO CONTINUE INVESTIGATIONS ON 2,4-DICHLOROPHENOXYACETIC ACID (“2,4-D”) FROM CHINA AND INDIA

USITC VOTES TO CONTINUE INVESTIGATIONS ON 2,4-DICHLOROPHENOXYACETIC ACID (“2,4-D”) FROM CHINA AND INDIA

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 2,4-dichlorophenoxyacetic acid (“2,4-D”) from China and India 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, 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 2,4-D from China and India, with its preliminary countervailing duty determinations due on or about June 27, 2024, and its preliminary antidumping duty determinations due on or about September 10, 2024.

The Commission’s public report 2,4-Dichlorophenoxyacetic Acid (“2,4-D”) from China and India (Inv. Nos. 701-TA-710-711 and 731-TA-1673-1674 (Preliminary), USITC Publication 5511, May 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by June 7, 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

2,4-Dichlorophenoxyacetic Acid (“2,4-D”) from China and India

Investigation Nos. 701-TA-710-711 and 731-TA-1673-1674 (Preliminary)

Product Description: The merchandise covered by these investigations is 2,4-dichlorophenoxyacetic acid (“2,4-D”) and its derivative products, including salt and ester forms of 2,4-D. The end use is as an herbicide with action against a variety of broadleaf weeds, but not grasses. 2,4-D has the Chemical Abstracts Service (CAS) registry number of 94-75-7 and the chemical formula C8H6Cl2O3. Salt and ester forms of 2,4-D include 2,4-D sodium salt (CAS 2702-72-9), 2,4-D diethanolamine salt (CAS 5742-19-8), 2,4-D dimethyl amine salt (CAS 2008-39-1), 2,4-D isopropylamine salt (CAS 5742-17-6), 2,4-D triisopropanolamine salt (CAS 3234180-3), 2,4-D choline salt (CAS 1048373-72-3), 2,4-D butoxyethyl ester (CAS 1929-733), 2,4-D 2-ethylhexylester (CAS 1928-43-4), and 2,4-D isopropylester (CAS 94-11-1). All 2,4-D, as well as the salt and ester forms of 2,4-D, is covered by the scope irrespective of purity, particle size, or physical form. The conversion of a 2,4-D salt or ester from 2,4-D acid, or the formulation of nonsubject merchandise with the subject 2,4-D, its salts, and its esters in the country of manufacture or in a third country does not remove the subject 2,4-D, its salts, or its esters from the scope. For any such formulations, only the 2,4-D, 2,4-D salt, and 2,4-D ester components of the mixture is covered by the scope of the investigations.  Read More →

https://www.usitc.gov/press_room/news_release/2024/er0517_65182.htm

BOLTLESS STEEL SHELVING UNITS PREPACKAGED FOR SALE FROM MALAYSIA, TAIWAN, THAILAND, AND VIETNAM 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 boltless steel shelving units prepackaged for sale from Malaysia, Taiwan, Thailand, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

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

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

The Commission’s public report Boltless Steel Shelving Units Prepackaged for Sale from Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 731-TA-1608-1611 (Final), USITC Publication 5508, June 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by June 11, 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

Boltless Steel Shelving Units Prepackaged for Sale from Malaysia, Taiwan, Thailand, and Vietnam

Investigation Nos. 731-TA-1608–1611 (Final)

Product Description:  Boltless steel shelving units that are prepackaged for sale are used for storage in homes, basements, garages, offices, and commercial and industrial operations. “Boltless” refers to a system of assembly that uses rivets or other protrusions on horizontal support members that fit into slots in the vertical posts to form the frame for the shelving unit. By avoiding the need for nuts and bolts, screws, or tubular collars on the posts, the boltless system does not require tools for assembly. The prepackaged unit, containing all the appropriate parts, is sold in several common sizes, either with or without decking (i.e., shelves). The term “prepackaged for sale” means that, at a minimum, the steel vertical supports (i.e., uprights and posts) and steel horizontal supports (i.e., beams, braces) necessary to assemble a completed shelving unit (with or without decks) are packaged together for ultimate purchase by the end-user. Read More

https://www.usitc.gov/press_room/news_release/2024/er0514_65165.htm

USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN FIREARM DISASSEMBLY TONGS

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain firearm disassembly tongs. 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 GTUL LLC of Cedar Point, NC, on February 15, 2024. An amended complaint was filed on April 12, 2024, and supplemented on April 15, 16, and 26, 2024. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain firearm disassembly tongs that infringe a patent asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

  • OFFROADCALI of Livermore, CA,

  • ROADRUNNERMATERIALS SPR GROUP INC, of Livermore, CA,

  • DRP-California Mission Trading Company, Inc. of Livermore, CA,

  • Eurasiaparts Automotive Parts of Temecula, CA,

  • Brementech of Antioch, CA, and

  • MTCPARTS.COM of Livermore, CA. 

By instituting this investigation (337-TA-1401), 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.

###

https://www.usitc.gov/press_room/news_release/2024/er0514_65169.htm