USTR Issues Federal Register Notice Announcing a Docket for Public Comments on Proposed Tariff Increases Following the Four-Year Review

In a Federal Register notice issued today, USTR establishes a 30-day period for public comments on proposed modifications announced on September 13, 2024 to the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The docket will open on September 23, 2024 and close on October 22, 2024.  Procedures for filing comments are detailed in USTR’s Federal Register notice, which is available here. 

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https://ustr.gov/about-us/policy-offices/press-office/press-releases/2024/september/ustr-issues-federal-register-notice-announcing-docket-public-comments-proposed-tariff-increases

USITC Institutes Section 337 Investigation of Certain Cochlear Implant Systems and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain cochlear implant 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 Advanced Bionics AG of Stäfa, Switzerland and Advanced Bionics LLC of Valencia, CA, on August 16, 2024 and supplemented on August 29 and 30, 2024 and September 6, 2024. The 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 cochlear implant systems 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:

  • MED-EL Corporation, USA, Durham, NC, and

  • MED-EL Elektromedizinische Geräte GmbH Innsbruck, Austria.

By instituting this investigation (337-TA-1418), 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/er0917_65912.htm

USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Crystalline Silicon Photovoltaic Cells and Modules from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells and modules from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China will remain in place. 

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

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

The Commission’s public report Crystalline Silicon Photovoltaic Cells and Modules from China (Inv. Nos. 701-TA-481 and 731-TA-1190 (Second Review), USITC Publication 5546, September 2024) will contain the views of the Commission and information developed during the reviews. 

The report will be available by October 18, 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. 

https://www.usitc.gov/press_room/news_release/2024/er0912_65892.htm

Brass Rod from Israel Injures 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 Israel 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 Israel.

Chair Amy Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. Commissioner 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 Israel. 

The Commission’s public report Brass Rod from Israel (Inv. Nos. 701-TA-687 and 731-TA-1614 (Final), USITC Publication 5545, September 2024) will contain the views of the Commission and information developed during the investigation.

The report will be available by October 17, 2024; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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

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https://www.usitc.gov/press_room/news_release/2024/er0909_65878.ht

Aluminum Extrusions From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination...

and Extension of Provisional Measures

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) preliminarily determines that aluminum extrusions from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2023, through September 30, 2023. Interested parties are invited to comment on this preliminary determination.

DATES:

Applicable May 7, 2024. Read More→

https://www.federalregister.gov/documents/2024/05/07/2024-09941/aluminum-extrusions-from-the-peoples-republic-of-china-preliminary-affirmative-determination-of

Aluminum Extrusions From the People's Republic of China, Indonesia, Mexico, and the Republic of Türkiye: Amended Preliminary Countervailing Duty Determinations

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) is amending the scope of the countervailing duty (CVD) investigations of aluminum extrusions from the People's Republic of China (China), Indonesia, Mexico, and the Republic of Türkiye (Türkiye) to coincide with the scope of the companion less-than-fair-value (LTFV) investigations of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, the Republic of Korea (Korea), Malaysia, Mexico, Taiwan, Thailand, Türkiye, the United Arab Emirates (UAE), and the Socialist Republic of Vietnam (Vietnam).

DATES:

Applicable March 11, 2024.Read More→

https://www.federalregister.gov/documents/2024/05/23/2024-11346/aluminum-extrusions-from-the-peoples-republic-of-china-indonesia-mexico-and-the-republic-of-trkiye

GUIDANCE: 2024 Fourth Quarter Section 232 Steel Quota Bulletins

Cargo Systems Messaging Service

CSMS # 62284827 - GUIDANCE: 2024 Fourth Quarter Section 232 Steel Quota Bulletins

Please refer to the Quota Bulletins Webpage at: https://www.cbp.gov/trade/quota/bulletins for the documents listed below addressing quantity thresholds for October 1, 2024, through December 31, 2024.

Bulletins for Section 232 fourth quarter programs are available at these linked pages:

QB 24-604 2024 Third Quarter Absolute Quota Steel Mill Articles of Argentina, Brazil, and South Korea: https://www.cbp.gov/trade/quota/bulletins/qb-24-604-2024

QB 24-614 2024 Third Quarter Tariff Rate Quota for Steel Mill Articles of European Union Member Countries: https://www.cbp.gov/trade/quota/bulletins/qb-24-614-2024

QB 24-624 2024 Third Quarter Tariff Rate Quota for Steel Mill Articles of Japan or the United Kingdom: https://www.cbp.gov/trade/quota/bulletins/qb-24-624-2024

Published amounts are estimates as of September 9, 2024.  Actual limits are published in the October 7, 2024, Commodity Status Report at https://www.cbp.gov/document/report/commodity-status-report.

https://content.govdelivery.com/bulletins/gd/USDHSCBP-3b6641b?wgt_ref=USDHSCBP_WIDGET_2

Joint Statement on the 7th United States-Nepal Trade and Investment Framework Agreement Council Meeting

On September 16, 2024, the United States and Nepal held the seventh Trade and Investment Framework Agreement (TIFA) Council Meeting in Kathmandu, Nepal. The meeting was co-chaired by Mr. Brendan Lynch, Assistant United States Trade Representative for South and Central Asia, and Mr. Gobinda Bahadur Karkee, Secretary, Ministry of Industry, Commerce and Supplies. The delegations included officials from other relevant agencies from both governments.

The delegations exchanged views on a range of bilateral trade and investment-related matters with a desire to deepen economic relations and diversify trade and investment flows. The discussions focused on policies related to agriculture, labor rights, digital economy, trade in services, technical barriers to trade, intellectual property (IP) protection and enforcement, and information sharing, among others. Nepal expressed its interest in preferential market access and support of the United States to improve the investment climate and promote foreign investment. Both sides discussed the importance of a smooth and sustainable graduation of Nepal from LDC status including enhancing export competitiveness and capacity building. The Parties also discussed how to improve utilization of the Nepal Trade Preference Program (NTPP) in order to maximize its positive impact. The United States took note of Nepal’s interest in extending and expanding the NTPP beyond 2025.

Nepal provided an update on its progress on policy, legal and procedural reforms intended to improve the investment climate. Nepal also emphasized its interest in attracting additional foreign investment from the United States. The United States welcomed the reform initiatives and interest shared by Nepal, and emphasized that transparent regulatory practices and policy stability are necessary for enhancing sustainable trade and investment.  Read More→

https://ustr.gov/about-us/policy-offices/press-office/press-releases/2024/september/joint-statement-7th-united-states-nepal-trade-and-investment-framework-agreement-council-meeting

National Organic Program

NOP is a federal regulatory program that develops and enforces consistent national standards for organically produced agricultural products sold in the United States.

NOP also accredits third-party organizations to certify that farms and businesses meet the national organic standards. These certifiers and USDA work together to enforce the standards, ensuring a level playing field for producers and protecting consumer confidence in the integrity of the USDA Organic Seal.

News from NOP

Read More→ https://www.ams.usda.gov/about-ams/programs-offices/national-organic-program

Brass Rod from Israel Injures 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 Israel 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 Israel.

Chair Amy Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns voted in the affirmative. Commissioner 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 Israel. 

The Commission’s public report Brass Rod from Israel (Inv. Nos. 701-TA-687 and 731-TA-1614 (Final), USITC Publication 5545, September 2024) will contain the views of the Commission and information developed during the investigation.

The report will be available by October 17, 2024; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

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

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https://www.usitc.gov/press_room/news_release/2024/er0909_65878.htm

USITC Institutes Section 337 Investigation of Certain Hydrodermabrasion Systems and Components Thereof III

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain hydro dermabrasion systems and components thereof II. 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 HydraFacial LLC f/k/a Edge Systems LLC. of Long Beach, CA, on August 8, 2024, and supplemented on August23, 2024 and August 28, 2024. The 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 hydrodermabrasion systems and components thereof III that infringe patents asserted by the complainant. 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:

  • Luvo Medical Technologies Inc., Cambridge, Ontario, Canada,

  • Clarion Medical Technologies, Inc., Cambridge, Ontario, Canada,

  • Healthcare Markets, Inc. d/b/a Powered by MRP, Park City, Utah,

  • Medical Purchasing Resource, LLC, Little Elm, TX,

  • Bio-Infusions USA Inc., Seminole, FL,

  • MIRAmedtech UG, Neulingen, Germany,

  • eMIRAmed USA, LLC Irvine, CA, and

  • MIRAmedtech SP. Z.O.O., Warsaw, Poland.

By instituting this investigation (337-TA-1417), 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/er0909_65887.htm

USITC Institutes Section 337 Investigation of Certain Hydrodermabrasion Systems and Components Thereof II

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain hydro dermabrasion 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 HydraFacial LLC f/k/a Edge Systems LLC of Long Beach, CA, on August 6, 2024, and supplemented on August 16, 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 hydrodermabrasion systems and components thereof that infringe patents asserted by the complainant. 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: 

  • Sinclair Pharma U.S. Inc., Irvine, CA, 

  • Sinclair Pharma Limited, London, United Kingdom, 

  • Huadong Medicine Co., Ltd., Hangzhou, Zhejiang, China, 

  • EMA Aesthetics, Ltd., Dublin, Ireland, 

  • Aesthetics Management Partners, Cordova, TN,

  • Advanced Aesthetics Services LLC, Miami, FL, and

  • H.R. Meditech, Incheon, South Korea.

By instituting this investigation (337-TA-1416), 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/er0905_65863.htm

Customs Broker Continuing Education

Important!

The Continuing Education for Licensed Customs Brokers regulation will go into effect in the coming months, enacting new requirements for individual licensed brokers. Under the new requirements, individual licensed customs brokers must earn 36 hours of continuing education credit every triennial period. Please note, CBP will not require the full 36 hours in the initial triennial period (2024 – 2027) because the initial CE triennial period began prior to the establishment of the CE Program. Further guidance on the required hours will be announced in the coming months via a Federal Register Notice and on this webpage.

CBP partnered with five entities to develop and implement accreditation standards for the Customs Broker Continuing Education (CE) program. All accredited educational activities will present two visible signifiers: the logo of the accrediting entity and a unique CBP Continuing Education logo.

Please note the following accreditation guidelines:

Reminder: The requirement to obtain Continuing Education credits is not yet in place. Individual brokers do not have to obtain any credits for Broker Continuing Education at this time. Read More→

https://www.cbp.gov/trade/programs-administration/customs-brokers/continuing-education

Marking Requirements for Repackaged Prescription Medication Imported into the United States

On June 14, 2024, Regulations and Rulings issued an internal advice decision, HQ H283420, concerning country of origin marking requirements for repackaged prescription medication Imported into the United States.  This ruling may be accessed on the Customs Rulings Online Search System (CROSS) at the following link: https://rulings.cbp.gov/home.

Pursuant to the decision, all repackaged medications sold to retail customers will be required to be marked with the country of origin. The Fact Sheet referenced and found at the link directly below discusses the country of origin marking requirements applicable to prescription medication imported into the United States: https://www.cbp.gov/document/fact-sheets/marking-prescription-drugs-retail-sale-factsheet. 

If you have any questions, please contact the Pharmaceutical Center at PHCMarking@cbp.dhs.gov.

https://content.govdelivery.com/bulletins/gd/USDHSCBP-3b38a48?wgt_ref=USDHSCBP_WIDGET_2

USITC Institutes Section 337 Investigation of Certain Semiconductor Devices and Products Containing the Same

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain semiconductor devices 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 Infineon Technologies Americas Corp. of El Segundo, CA, and Infineon Technologies Austria AG of Villach, Austria, on July 26, 2024, and supplemented on July 29 and August 13, 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 semiconductor devices and products containing the same 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:

  • Innoscience (Suzhou) Technology Company, Ltd., Suzhou, Jiangsu, China; 

  • Innoscience (Suzhou) Semiconductor Co., Ltd., Suzhou, Jiangsu, China; 

  • Innoscience (Zhuhai) Technology Company, Ltd., Zhuhai, Guangdong, China; and

  • Innoscience America, Inc., Santa Clara, CA. 

By instituting this investigation (337-TA-1414), 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/er0827_65813.htm

USITC Votes to Continue Investigations on Tungsten Shot From China

The U.S. International Trade Commission has made affirmative determinations in its preliminary phase countervailing and antidumping duty investigations concerning Tungsten Shot from China. 

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that the establishment of a U.S. industry is materially retarded by reason of imports of tungsten shot from China that are allegedly sold in the United States at less than fair value and subsidized by the government of China.

Chair Amy A. Karpel and Commissioners David S. Johanson and Rhonda K. Schmidtlein voted in the affirmative. Commissioner Jason E. Kearns did not participate. 

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of tungsten shot from China, with its preliminary antidumping duty determination due on or about December 24, 2024 and its preliminary countervailing duty determination on October 10, 2024.

The Commission’s public report Tungsten Shot from China, (Inv. Nos. 701-TA-732 and 731-TA-1701 (Preliminary), USITC Publication 5542, August 2024) will contain the views of the Commission and information developed during the investigations.

The report will be available by October 1, 2024; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.

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https://www.usitc.gov/press_room/news_release/2024/er0823_65806.htm

Mattresses from India, Kosovo, Mexico, and Spain Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of mattresses from India, Kosovo, Mexico, and Spain that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.

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 determinations, the U.S. Department of Commerce will issue antidumping duty orders on imports from India, Kosovo, Mexico, and Spain.

The Commission’s public report on Mattresses from India, Kosovo, Mexico, and Spain (Inv. Nos. 731-TA-1632, 1634, 1635, and 1639 (Final), USITC Publication 5539, August 2024) will contain the views of the Commission and information developed during the investigations. The report will be available by September 25, 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).

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https://www.usitc.gov/press_room/news_release/2024/er0816_65772.htm

U.S. International Trade in Goods and Services, July 2024

The U.S. Census Bureau and the U.S. Bureau of Economic Analysis announced today that the goods and services deficit was $78.8 billion in July, up $5.8 billion from $73.0 billion in June, revised.

Exports, Imports, and Balance (exhibit 1)

July exports were $266.6 billion, $1.3 billion more than June exports. July imports were $345.4 billion, $7.1 billion more than June imports.

The July increase in the goods and services deficit reflected an increase in the goods deficit of $5.6 billion to $103.1 billion and a decrease in the services surplus of $0.2 billion to $24.3 billion.

Year-to-date, the goods and services deficit increased $36.2 billion, or 7.7 percent, from the same period in 2023. Exports increased $65.9 billion or 3.7 percent. Imports increased $102.1 billion or 4.5 percent. Read More→

https://www.bea.gov/news/2024/us-international-trade-goods-and-services-july-2024

Customs Broker Continuing Education

The Continuing Education for Licensed Customs Brokers regulation will go into effect in the coming months, enacting new requirements for individual licensed brokers. Under the new requirements, individual licensed customs brokers must earn 36 hours of continuing education credit every triennial period. Please note, CBP will not require the full 36 hours in the initial triennial period (2024 – 2027) because the initial CE triennial period began prior to the establishment of the CE Program. Further guidance on the required hours will be announced in the coming months via a Federal Register Notice and on this webpage.

CBP partnered with five entities to develop and implement accreditation standards for the Customs Broker Continuing Education (CE) program. All accredited educational activities will present two visible signifiers: the logo of the accrediting entity and a unique CBP Continuing Education logo.

Please note the following accreditation guidelines:

https://www.cbp.gov/trade/programs-administration/customs-brokers/continuing-education