USITC Begins Investigation Concerning Possible Modifications To The U.S. Generalized System of Preferences For Removals, Competitive Need Limitation Waivers, and Redesignations - US. International Trade Commission
The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation concerning possible modifications to the Generalized System of Preferences (GSP).
The investigation, Generalized System of Preferences: Possible Modifications, 2018 Review, was requested by the U.S. Trade Representative (USTR) in a letter received on June 4, 2019.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the removal from eligibility of two HTS subheadings for certain GSP countries.
The removals in consideration are:
- 3907.61.00 (Polyethylene terephthalate, having a viscosity number of 78 ml/g or higher) from Pakistan,
- 3907.69.00 (Polyethylene terephthalate, having a viscosity number less than 78 ml/g) from Pakistan.
The USTR also requested that the USITC provide advice on whether any industry in the United States is likely to be adversely affected by competitive need limitation waivers for two HTS subheadings for certain GSP countries and advice as to the probable economic effect on total U.S. imports, as well as on consumers, of the requested waivers. The USITC will also provide advice as to whether a like or directly competitive article was produced in the United States in any of the preceding three calendar years for these articles. "Competitive need limitations" represent the maximum import level of a product that is eligible for duty-free treatment under the GSP. Once the limit is reached, trade is considered "competitive," benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the USITC, as requested, will use the dollar value limit of $185 million. The HTS subheadings in consideration are:
- 3823.11.00 (Stearic acid) from Indonesia,
- 9001.50.00 (Spectacle lenses of materials other than glass, unmounted) from Thailand.
Finally, the USTR requested that the USITC provide advice as to the probable economic effect on U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the redesignation of four HTS subheadings for certain GSP countries. The USITC will also provide advice as to whether a like or directly competitive article was produced in the United States in any of the preceding three calendar years for these articles. The HTS subheading in consideration is:
- 0603.13.00 (Orchids, fresh cut) from Thailand,
- 4412.10.05 (Plywood, veneered panels and similar laminated wood, of bamboo) from Indonesia,
- 4412.31.4155 (Plywood sheets n/o 6mm thick, with specified tropical wood outer ply, with face ply nesoi, not surface covered beyond clear/transparent) from Indonesia.
- 4418.73.40 (Assembled flooring panels of bamboo, other than for mosaic, multilayer, having a face ply more than 6mm in thickness) from Indonesia.
The USITC will submit its confidential report to USTR by September 7, 2019. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.
The USITC is seeking input for this investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on July 2, 2019. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on June 18, 2019, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.
The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on July 8, 2019. All written submissions, except for confidential business information, will be available for public inspection.
Further information on the scope of this investigation and appropriate submissions appears in the USITC’s notice of investigation, dated June 7, 2019. The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.
USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general fact finding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General fact finding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.
NMFS Update: Newly Designated Officials by the Government of Mexico - U.S. Customs & Border Protection
The National Oceanic and Atmospheric Administration (NOAA) published a notice in the Federal Register on August 28, 2018, entitled “Implementation of Import Restrictions; “Certification of Admissibility” for Certain Fish Products from Mexico¨ (83 FR 43796). A United States Court of International Trade (CIT) order (Slip-Op 18-92) imposed immediate import restrictions on fish and fish products of Mexican origin caught with gillnets deployed in the native geographic range of the critically endangered Vaquita porpoise, listed under the U.S. Endangered Species Act. Under the August 14, 2018 court order, an import ban was placed on certain fish and fish products from Mexico (chano, sierra, curvina, and shrimp) that were caught with gillnets deployed in the Northern Gulf of California. To implement the court order, NOAA mandates that imports of shrimp, fish and fish products of Mexican origin that are entered under designated HTS codes must be accompanied by “Certification of Admissibility” signed by a duly authorized Official of the Mexican Government.
Beginning on October 15, 2018, National Marine Fisheries Service (NMFS) requirements for the import of all shrimp, fish and fish products of Mexican Origin must be accompanied with the “Certification of Admissibility” (OMB 0648-0651, expiration 04/30/2022) identifying the imported commodity was not harvested using gillnets in the Upper Gulf of California, Mexico. All “Certification of Admissibility” forms with an expiration date of 28 February 2019 will no longer be accepted and will cause an import of regulated commodities to be refused entry. The “Certification of Admissibility” must contain a valid signature from one of the thirty-three Officials Designated by the Government of Mexico list dated May 31, 2019, posted on the NOAA website (see link below). If a “Certification of Admissibility” is validated by an official who is not on the May 31, 2019 Designated Officials List, the shipment will be refused entry. The submission of the “Certification of Admissibility” may be done through electronic transfer into ACE DIS using DIS Code “NM23”, email, fax, or in paper to the CBP port of entry. All import of shrimp, fish and fish products from Mexico without a valid “Certification of Admissibility” or a valid disclaim (see below) will be refused entry.
Disclaim Process: Only processed commodities filed under HTS codes 2309.90 or 2309.10, or HTS code 0511.99.3060 may be exempt from the “Certification of Admissibility” requirement if a valid disclaim is submitted with the entry. A valid disclaim statement “the commodity under HTS (list the applicable HTS code) does not contain shrimp or fish products” must accompany the entry via ACE DIS, email, fax, or paper. All regulated commodities that do not fall under disclaim rules must provide the “Certification of Admissibility” to meet NMFS requirements or the entire entry is to be refused entry.
- Officials Designated by the Government of Mexico to Validate the U.S. Certification of Admissibility (Updated May 31, 2019): https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions
- For more information: https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions
- Federal Register Notice 83 FR 43792: https://www.federalregister.gov/documents/2018/08/28/2018-18628/implementation-of-import-restrictions-certification-of-admissibility-for-certain-fish-products-from
- HTS codes prohibited entry into the United States from Mexico unless accompanied by a U.S. Importer of Record Certification:
https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions
- Certification of Admissibility and instructions may be found at: https://www.fisheries.noaa.gov/foreign/marine-mammal-protection/seafood-import-restrictions
Federal Register Notices:
- Polyester Textured Yarn From India: Amended Preliminary Determination of Countervailing Duty Determination
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Steel Nails From the People's Republic of China: Notice of Correction of the Amended Final Results of Antidumping Duty Administrative Review; 2016-2017
- Certain Hot-Rolled Carbon Steel Flat Products From India and Indonesia: Final Results of Expedited Sunset Reviews of the Countervailing Duty Orders
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders
- Laminated Woven Sacks From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order
- Steel Wire Garment Hangers From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order
- Investigations; Determinations, Modifications, and Rulings, etc.:
Generalized System of Preferences: Possible Modifications, 2018 Review
STERLING, Virginia – Consumers are likely to spend $1,000 or more to purchase the newest smartphone model. That’s a hefty price for an essential tool in today’s culture. But then why protect it with a counterfeit smartphone case constructed with substandard materials that could break the first time the phone is dropped?
Customs and Border Protection (CBP) officers seized 209 counterfeit designer brand phone cases Wednesday that arrived in air cargo at Washington Dulles International Airport from Hong Kong. If authentic, the phone cases would have a manufacturer’s suggested retail price (MSRP) of $101,139.
The shipment, which arrived April 29, was destined to an address in Fredericksburg, Va. CBP officers inspected the shipment and discovered phone cases that displayed designer brand names, such as Gucci, Louis Vuitton, MCM, Nike and others.
Officers suspected the shipment to be counterfeit and contacted CBP’s Consumer Products and Mass Merchandising Centers for Excellence and Expertise, the agency’s trade experts, who confirmed with trademark holders that the merchandise was counterfeit.
Consumer safety and trademark protection is one of Customs and Border Protection’s top trade enforcement priorities.
“In addition to the phone cases consisting of substandard materials and poor construction, these counterfeit phone cases may possess excessive levels of lead paint that may pose health threats to consumers,” said Casey Durst, CBP Director of Field Operations in Baltimore. “Customs and Border Protection officers and import specialists will continue to work closely with our trade and consumer safety partners to identify and seize counterfeit merchandise, especially those products that pose potential harm to American consumers.”
CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights (IPR) enforcement program. Importation of counterfeit merchandise can cause significant revenue loss, damage the U.S. economy and threaten the health and safety of American people.
On a typical day in 2018, CBP officers seized $3.7 million worth of products with IPR violations. Learn more about what CBP did during "A Typical Day" in 2018.
In Fiscal Year (FY) 2017, the number of IPR seizures increased 8 percent to 34,143 from 31,560 in FY 2016.
The total estimated MSRP of the seized goods, had they been genuine, decreased to $1.2 billion from $1.38 billion in FY 2016. Read more 2017 IPR Enforcement Statistics.
As a result of CBP enforcement efforts, ICE Homeland Security Investigations agents arrested 457 individuals, obtained 288 indictments, and received 242 convictions related to intellectual property crimes in 2017.
CBP's border security mission is led at ports of entry by CBP officers from the Office of Field Operations. .
Quartz Surface Products from China Injure U.S. Industry, Says USITC - U.S. International Trade Commission
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of quartz surface products from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from China.
The Commission also made a negative finding concerning critical circumstances with regard to imports of these products from China. As a result, imports of quartz surface products from China will not be subject to retroactive antidumping or countervailing duties.
The Commission’s public report Quartz Surface Products from China (Inv. Nos. 701-TA-606 and 731-TA-1416 (Final), USITC Publication 4913, June 2019) will contain the views of the Commission and information developed during the investigations.
The report will be available by July 18, 2019; 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
Quartz Surface Products from China
Investigation Nos. 701-TA-606 and 731-TA-1416 (Final)
Product Description: Quartz surface products consist of slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite), resin binder (e.g., an unsaturated polyester), and other materials, including, but not limited to, pigments, cement, or other additives. In addition to slabs, the scope of these investigations includes, but is not limited to, other surfaces such as countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fire place surrounds, mantels, and tiles. Quartz surface products are covered by these investigations whether or not polished, cut, fabricated, cured, edged, finished, thermal formed, packaged, and regardless of the type of surface finish.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioners: Cambria Company LLC, Eden Prairie, MN.
3. USITC Institution Date: Tuesday, April 17, 2018.
4. USITC Hearing Date: Thursday, May 9, 2019.
5. USITC Vote Date: Tuesday, June 11, 2019.
6. USITC Notification to Commerce Date: Monday, July 8, 2019.
U.S. Industry in 2017:
1. Number of U.S. producers: 3.[1]
2. Location of producers’ plants: Minnesota, Georgia, Florida, and Tennessee.1
3. Production and related workers: [2]
4. U.S. producers’ U.S. shipments: 2
5. Apparent U.S. consumption: 2
6. Ratio of subject imports to apparent U.S. consumption: 2
U.S. Imports in 2017:
1. Subject imports: $547.6 million.
2. Nonsubject imports: $553.1 million.
3. Leading import sources: China, Spain, Israel, and Canada.
FDA Finalizes Guidance for Premarket Tobacco Product Application for Electronic Nicotine Delivery Systems as Part of Commitment to Continuing a Strong Oversight of E-Cigarettes - FDA
Today, the U.S. Food and Drug Administration finalized its guidance for manufacturers submitting new tobacco product applications through the premarket tobacco product application (PMTA) pathway for electronic nicotine delivery systems (ENDS), such as e-cigarettes or “vapes,” and the liquid nicotine and nicotine-containing e-liquids used with such products, as part of the agency’s continued commitment to its oversight of tobacco products.
“The FDA’s ongoing oversight of e-cigarettes and other ENDS products is critical to our public health mission and, especially, to protecting kids from the dangers of nicotine and tobacco-related disease and death. The FDA is committed to providing a solid, science-based regulatory foundation to ensure that ENDS products authorized for marketing are appropriate for the protection of public health,” said Acting FDA Commissioner Ned Sharpless, M.D. “The final guidance issued today provides companies seeking to market e-cigarette and ENDS products with recommendations to consider as they prepare a premarket tobacco product application to help the FDA evaluate the public health benefits and harms of a product. There are no authorized e-cigarettes currently on the market and we encourage companies to use this valuable document now as a guide to submit applications. At the same time, the public can be assured that the FDA has been and will continue to take all necessary actions to protect children as part of our Youth Tobacco Prevention Plan, including maintaining our focus on enforcement actions and policies aimed at ensuring e-cigarettes aren’t being marketed to, sold to or used by kids.”
Under the PMTA pathway, which is the marketing pathway most likely to be pursued for ENDS products, manufacturers or importers must demonstrate to the agency, among other things, that marketing of the new tobacco product would be appropriate for the protection of the public health. That statutory standard requires the FDA to consider the risks and benefits to the population as a whole, including users and non-users of tobacco products. The FDA must also consider the likely impact of the products on people’s behavior—specifically, the likelihood that existing users will stop using such products and the likelihood that those who do not use tobacco products will start using such products. This is especially important for youth. The agency’s evaluation also includes reviewing a tobacco product’s components, ingredients, additives, constituents and health risks, as well as how the product is manufactured, packaged and labeled.
Following an extensive review of input from the public on the previous draft guidance, the guidance issued today further clarifies the PMTA process for ENDS products and the FDA’s current thinking about information the agency recommends applicants include in a PMTA submission for ENDS products. Importantly, it also includes recommendations for how applicants should address public health issues in the design and manufacture of their products, such as accidental nicotine exposure and battery safety.
For example, the agency is recommending that manufacturers provide information describing the kind of packaging their product will be sold in to mitigate the risk of accidental exposure to e-liquids, such as child-resistant, exposure-limiting packaging or nicotine exposure warnings on labels. Additionally, to enable the FDA to assess the risks of a battery to be used in a particular product, the agency is also recommending that applications include, among other things, information on: amperage, voltage, wattage, battery type (chemistry), whether the battery is consumer-replaceable, testing certificates for any voluntary electrical standards for the battery or device—including UL 8139, the recently published, first-ever standard specifically for ENDS products—and under- or over-voltage protections, as well as plans for addressing the likelihood of use and foreseeable misuse leading to overheating, fire and explosion during operation, charging, storage and transportation for distribution.
The guidance also includes recommendations for constituent or chemical testing, applying existing scientific literature or analyses about similar products to the proposed new tobacco product, including multiple distinct products in a single submission and referencing tobacco product master files.
In addition to the guidance being issued today, the agency had previously published additional resources to aid industry application submissions, including the proposed rule on Substantial Equivalence Reports and Tobacco Product Master File Guidance, and has conducted a public meeting and educational webinars describing, among other things, the statutory requirements for premarket applications. The FDA will continue efforts to assist industry in complying with federal tobacco regulations through online information, meetings, webinars and guidance documents.
As part of the FDA’s comprehensive plan for tobacco and nicotine regulation, the agency also continues to explore clear and meaningful measures to make tobacco products less toxic, appealing and addictive with an intense focus on youth. This could include measures on flavors/designs that appeal to youth and product labeling to prevent accidental child exposure to liquid nicotine. The FDA is also exploring product standards that could help prevent injuries from known tobacco product risks, including a potential product standard to prevent "vape" battery explosions.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.