Further Extension of Certain Covid-Related China 301 Exclusions - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The USTR has announced that it is further extending certain China 301 exclusions that had been put in place and/or previously extended to help address the COVID-19 pandemic. The 81 exclusions at issue, which had been extended through May 31, 2022, are now being further extended through November 30, 2022. The extensions are effective for goods entered on or after June 1, 2022.
We have prepared the below schedule of the COVID-19 exclusions that are impacted by this announcement. The USTR notice setting forth these exclusions can be accessed at: Extensions to COVID-19 Exclusions (see Annex B). In the event of any conflict, the official notice governs.
Please do not hesitate to contact Arthur Bodek or any other of our attorneys with any questions regarding the above or any other aspects of the China 301 tariffs.
China 301 Covid-related exclusions extended through November 30, 2022: See
________________________________________________________________________________
Federal Register Notices:
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Digital Set-Top Boxes and Systems and Services Including the Same; Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Investigations; Determinations, Modifications, and Rulings, etc.: Steel Concrete Reinforcing Bar From Japan, Taiwan, and Turkey; Institution of Five-Year Reviews
• Certain New Pneumatic Off-the-Road Tires From India; Notice of Commission Determination To Conduct Full Five-Year Reviews
• Gray Portland Cement and Cement Clinker From Japan; Institution of a Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Certain Iron Construction Castings From Brazil, Canada, and the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
• Certain Steel Racks and Parts Thereof From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 2019-2020
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Countervailing Duty Administrative Review and Notice of Amended Final Results
• Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2020
• Certain Passenger Vehicles and Light Truck Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
• Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, and Intent To Rescind Review, in Part; 2020
• Certain Artist Canvas From the People's Republic of China: Final Results of the Third Expedited Sunset Review of the Antidumping Duty Order
• Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2020-2021
• Investigations; Determinations, Modifications, and Rulings, etc.: Raw Honey From Argentina, Brazil, India, and Vietnam
• Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Notice of Commission Request for Written Submissions on Remedy, the Public Interest, and Bonding
• Certain Barcode Scanners, Scan Engines, Mobile Computers With Barcode Scanning Functionalities, Products Containing the Same, and Components Thereof; Institution of Investigation
________________________________________________________________________________
United States and Taiwan Announce the Launch of the U.S.-Taiwan Initiative on 21st-Century Trade - U.S. Trade Representative
WASHINGTON – Deputy United States Trade Representative Sarah Bianchi and Taiwan Minister-Without-Portfolio John Deng met today virtually under the auspices of the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO). In coordination with AIT and TECRO, the two sides launched the U.S.-Taiwan Initiative on 21st-Century Trade, which is intended to develop concrete ways to deepen the economic and trade relationship, advance mutual trade priorities based on shared values, and promote innovation and inclusive economic growth for our workers and businesses.
As a key outcome of the meeting, both sides will work at pace under the auspices of AIT and TECRO to develop an ambitious roadmap for negotiations for reaching agreements with high-standard commitments and economically meaningful outcomes in the following trade areas:
Trade facilitation. The United States and Taiwan seek to harness best practices with respect to facilitating trade, including accelerated implementation of the WTO’s Trade Facilitation Agreement, adopting provisions on digitalization of trade facilitation measures, and ensuring inclusivity in accessing customs procedures. In addition, the two sides intend to explore negotiating provisions on electronic payments, risk management, protection of trader information, and support for small and medium enterprises’ (SME) access to technology used for the clearance of goods/
Regulatory practices. The United States and Taiwan hold shared values of good governance and respect for the rule of law and believe in the adoption of provisions supporting sound, transparent regulatory practices, including timely online accessibility to information about regulations and regulatory processes, adequate time for public consultations and consideration of comments, and ensuring that regulatory decisions are based on high quality information, science, and evidence. The two sides would also seek to explore the possibility of provisions on transparency and good governance in services.
Agriculture. The United States and Taiwan intend to explore provisions to facilitate agricultural trade through science and risk-based decision making and through the adoption of sound, transparent regulatory practices.
Anti-corruption. The United States and Taiwan seek to develop strong anti-corruption standards to prevent and combat bribery and corruption. The two sides intend to explore negotiating provisions that preclude the tax deductibility of bribes and establish measures regarding the recovery of proceeds of corruption and the denial of a safe haven for foreign public officials who engage in corruption.
Supporting SMEs in trade. The United States and Taiwan aim to support and enhance U.S.-Taiwan SME trade, by collaborating to identify and overcome barriers to trade for SMEs, focusing on trade facilitation for SMEs, sharing and promoting best practices, and working together on activities to promote and support SMEs, including those owned by under-represented groups and women entrepreneurs, and those in disadvantaged communities.
Harnessing the benefits of digital trade. The United States and Taiwan seek to advance outcomes in digital trade that benefit workers, consumers, and businesses, including SMEs. Both sides believe in building consumer trust in the digital economy, promoting access to information, facilitating use of digital technologies, promoting resilient and secure digital infrastructure, and addressing discriminatory and trade-distortive practices in the digital economy.
Promoting worker-centric trade. The United States and Taiwan aim to work to develop more durable and inclusive trade policies that demonstrate that trade can be a force for good by creating more opportunities for people and promoting gender equity across the United States and Taiwan. The two sides also seek to support the protection of labor rights, including the elimination of forced labor in global supply chains.
Supporting the environment and climate action. The United States and Taiwan seek to deepen their cooperation and joint approaches on trade and the environment, including promoting decarbonizing our economies consistent with COP26 outcomes, exchanging information, and supporting businesses, green jobs, and the growth of low-carbon economies.
Standards. The United States and Taiwan intend to explore provisions consistent with their shared view that the preparation, adoption, and application of standards, technical regulations, and conformity assessment procedures should be non-discriminatory, should not create unnecessary barriers to trade, and should serve legitimate policy objectives. The two sides also recognize the important role that international standards can play in supporting greater regulatory alignment and good regulatory practices and in promoting resilience in trade.
State-owned enterprises. The United States and Taiwan recognize the significant distortions that can occur to international trade and investment from non-market practices of state-owned and state-controlled enterprises as well as government designated monopolies. The two sides seek to develop provisions to create a level playing field for workers and businesses when competing against these entities in the international marketplace, including by ensuring that these entities act in a commercial manner, are regulated impartially, and do not provide or receive trade-distorting non-commercial assistance.
Non-market policies and practices. The United States and Taiwan are market-oriented economies and understand the harm that can be caused by trade partners that deploy non-market policies and practices, which threaten the livelihoods of their people and harm their workers and businesses. We intend to collaborate on ways to address these harmful non-market policies and practices.
The United States and Taiwan intend to use the U.S.-Taiwan Initiative on 21st-Century Trade and their on-going engagement with stakeholders to advance and deepen the important U.S.-Taiwan economic and trade relationship, to promote our shared values, and to address our shared challenges and opportunities. The first meeting of the U.S.-Taiwan Initiative on 21st-Century Trade is expected to be held, under the auspices of AIT and TECRO, later this month in Washington, D.C.
________________________________________________________________________________
USTR Extends COVID-19 Exclusions from China Section 301 Tariffs - U.S. Trade Representative
WASHINGTON – The Office of the United States Trade Representative today announced the further extension of the COVID -19 related product exclusions in the China Section 301 Investigation. The exclusions were previously scheduled to expire on May 31, 2022, and will now be extended for an additional six months, through November 30, 2022.
The exclusions cover 81 medical-care products needed to address the COVID-19 pandemic and were initially granted on December 29, 2020. Additional information is set out in the Federal Register notice, which can be viewed here.
________________________________________________________________________________
Dulles CBP Officers Seize more than $500k in Counterfeit Consumer Goods in Passenger Baggage - U.S. Customs & Border Protection
Second major CBP counterfeit haul in passenger baggage during the last year
STERLING, Va. – Your overseas vacation is drawing to an end and you’re preparing to fly back to the United States. You want to grab some last-minute souvenirs or mementos, so you hit the hotel gift shop or airport duty free and buy a t-shirt or two, maybe hand-crafted jewelry or traditional artwork, or even a bottle or two of local wine or alcohol. Or maybe 298 pieces of counterfeit consumer items.
U.S. Customs and Border Protection officers at Washington Dulles International Airport completed the seizure on Tuesday, a seizure of counterfeit merchandise in a passenger’s baggage that appraised at more than $500,000, if the items were authentic.
This seizure started about six weeks earlier when CBP officers referred a Laurel, Maryland woman to a secondary baggage inspection after she arrived on a flight from South Korea on April 10.
She stated that she returned from Thailand with six pieces of luggage, but declared, both verbally and in writing, that she did not purchase any merchandise on her trip. However, when airline employees brought the woman’s baggage to the CBP inspection area, they presented 12 bags that were tagged to the traveler. Then CBP officers discovered newly purchased and potentially counterfeit clothing in the first two bags that they inspected.
When CBP officers completed their inspection of all 12 bags, the amount of potentially counterfeit clothing they found covered four inspection tables. In total, CBP officers detained 298 pieces of clothing, scarves, hats, shoes, and jewelry bearing designed brand names of Louis Vuitton, Gucci, Burberry, Prada, Gianni Versace and others.
CBP officers inventoried all 298 items and submitted documentation to CBP’s Centers of Excellence and Expertise, which are the agency’s trade experts, for a final determination and an appraisal.
On May 23, CBP import specialists confirmed that the items as counterfeit and appraised the shipment at a manufacturer’s suggested retail price of $509,431, had the items been authentic.
CBP officers seized the shipment on May 24. CBP is withholding the traveler’s name because she has not been criminally charged.
“Customs and Border Protection officers sometimes encounter counterfeit consumer goods in passenger baggage, but rarely at this brazen volume,” said Daniel Escobedo, CBP’s Area Port Director for the Area Port of Washington, D.C. “The international trade in counterfeit consumer goods is illegal. It steals revenues from trademark holders, steals tax revenues from the government, funds transnational criminal organizations, and the unregulated products potentially threaten the health and safety of American consumers.”
The last time officers saw such a volume was last fall when officers seized more than $1 million in counterfeit consumer goods packed inside the luggage of two women who arrived from Qatar.
CBP encourages all travelers to learn rules governing what they can and cannot bring to the United States at CBP’s Know Before You Go webpage.
CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights (IPR) enforcement program. During fiscal year 2021, CBP and Homeland Security Investigation (HSI) seized over 27,000 shipments containing goods that violated intellectual property rights. The total estimated manufacturer’s suggested retail price (MSRP) of the seized goods, had they been genuine, was $3.3 billion, or an average of about $9 million every day.
Moreover, HSI special agents arrested 388 individuals during 2021, obtained 155 indictments, and received 100 convictions related to intellectual property crimes.
Media can mine additional details at CBP’s annual counterfeit goods seizure reports.
CBP's border security mission is led at ports of entry by CBP officers from the Office of Field Operations. CBP officers screen international travelers and cargo and search for illicit narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, and other illicit products that could potentially harm the American public, U.S. businesses, and our nation’s safety and economic vitality. Learn what CBP accomplished during "A Typical Day" in 2021.
________________________________________________________________________________
USITC Institutes Section 337 Investigation of Certain Digital Set-Top Boxes and Systems and Services Including the Same - U.S. International Trade Commission
Yesterday, May 24, 2022, the U.S. International Trade Commission (USITC) voted to institute an investigation of certain digital set-top boxes and systems and services including 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 Broadband iTV, Inc. (BBiTV) of Austin, TX on April 22, 2022. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain digital set-top boxes and systems and services including the 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 as the respondents this investigation:
Comcast Corporation of Philadelphia, PA;
Comcast Cable Communications, LLC of Philadelphia, PA;
NBCUniversal Media, LLC of Universal City, CA;
Charter Communications, Inc. of Stamford, CT;
Charter Communications Operating, LLC of St. Louis, MO;
Charter Communications Holding Company, LLC of St. Louis, MO;
Spectrum Management Holding Company, LLC of St. Louis, MO;
Altice USA, Inc. of Long Island City, NY;
CSC Holdings, LLC of Long Island City, NY; and
Cablevision Systems Corp. of Bethpage, NY.
By instituting this investigation (337-TA-1315), 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.