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USITC Begins Investigation Concerning Possible Modification to the U.S. Generalized System of Preferences - 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, 2017 Review (Investigation No. 332-567), was requested by the U.S. Trade Representative (USTR) in a letter received on May 18, 2018.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will 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 addition of the following Harmonized Tariff Schedule (HTS) subheadings to the list of GSP-eligible products:

For all GSP beneficiary developing countries:

  • 0808.30.40 (Pears, fresh, if entered during the period from July 1 through the following March 31, inclusive),
  • 0814.00.80 (Peel of citrus fruit, excl. orange or citron and peel, nesi, of melon, fresh, frozen, dried or provisionally preserved),
  • 1207.29.00 (Cotton seeds, whether or not broken, other than seed for sowing),
  • 1512.11.00 (Sunflower-seed or safflower oil, crude, and their fractions, whether or not refined, not chemically modified),
  • 2008.99.05 (Apples, otherwise prepared or preserved, nesi),
  • 2918.99.05 (p-Anisic acid; clofibrate and 3-phenoxybenzoic acid),
  • 2918.99.43 (Aromatic carboxylic acids with additional oxygen function and their anhydrides, halide, etc deriv described in add US note 3 to sect VI, nesoi),
  • 2918.99.47 (Other aromatic carboxylic acids with additional oxygen function and their anhydrides, halide, etc deriv (excluding goods in add US note 3 to sec VI)),
  • 4010.33.30 (Transmission V-belts of vulcanized rubber, V-ribbed, circumference exceeding 180 cm but not exceeding 240 cm, combined with textile materials).

The USTR also requested that the USITC 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:

  • 2009.89.6011 and 2009.89.6019 (Cherry juice – Part of 2009.89.60 “Juice of any other single fruit, nesoi”) from Turkey,
  • 3920.51.50 (Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined with other materials, of polymethyl methacrylate, not flexible) from Indonesia and Thailand.

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 certain 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 $180 million. The HTS subheadings in consideration are:

  • 0410.00.00 (Edible products of animal origin, nesi) from Indonesia,
  • 2836.91.00 (Lithium carbonates) from Argentina,
  • 3301.13.00 (Essential oils of lemon) from Argentina,
  • 6802.99.00 (Monumental or building stone & arts. thereof, nesoi, further worked than simply cut/sawn, nesoi) from Brazil),
  • 7202.50.00 (Ferrosilicon chromium) from Kazakhstan.

The USTR also 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 for certain countries of the following HTS subheadings:

  • 2007.99.48 (Apple, quince and pear pastes and purees, being cooked preparations) from Argentina,
  • 2306.30.00 (Oilcake and other solid residues, resulting from the extraction of vegetable fats or oils, of sunflower seeds) from Argentina,
  • 2841.90.20 (Ammonium perrhenate) from Kazakhstan,
  • 2909.50.40 (Odoriferous or flavoring compounds of ether-phenols, ether-alcohol-phenols & their halogenated, sulfonated, nitrated, nitrosated derivatives) from Indonesia,
  • 4107.11.80 (Full grain unsplit whole bovine (not buffalo) nesoi and equine leather nesoi, w/o hair, prepared after tanning or crusting, fancy, not 4114) from Argentina,
  • 6802.93.00 (Monumental or building stone & arts. thereof, of granite, further worked than simply cut/sawn, nesoi) from India,
  • 7202.93.80 (Ferroniobium, nesoi) from Brazil.

In addition, the USTR requested that 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 an article for one country. 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 this article. The HTS subheading in consideration is:

  • 4412.31.41 including 4412.31.4150 and 4412.31.4160 (Plywood sheets n/o 6mm thick, with specified tropical wood outer ply, with face ply nesoi, not surface covered beyond clear/transparent) from Indonesia.

Finally, the USTR requested that the USITC 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 denial of a de minimis competitive need limitation waiver for one article from a GSP beneficiary country. 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 this article. The HTS subheading in consideration is:

  • 3802.90.10 (Bone black) from Brazil.

The USITC will submit its confidential report to USTR by September 7, 2018. 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 June 14, 2018. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on June 4, 2018, 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 June 21, 2018. 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 on May 23, 2018. 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 factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.


EPA Settles Pesticide Labeling Violations with Three Companies - EPA

PHILADELPHIA (May 25, 2018) – Today, the U.S. Environmental Protection Agency (EPA) announced a settlement with three companies involving the alleged improper labeling of pesticides manufactured at the Union Carbide Corp. pesticide production facility in Institute, West Virginia. The settling companies have agreed to ensure that pesticides are appropriately labeled.

Under separate consent agreements with EPA, Buckman Industries Inc. of Memphis, Tennessee will pay a $160,000 penalty, Solenis LLC of Wilmington, Delaware will pay $99,000, and Baker Petrolite of Sugarland, Texas will pay $16,000 to settle alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). All the alleged violations involved the improper labeling of pesticides.

“The goal of this regulation is to promote the appropriate use of pesticides and to minimize the risks from their use to the public, pesticide applicators, and the environment,” said EPA Regional Administrator Cosmo Servidio. “This settlement will better protect public health and the environment by ensuring that products are labeled with required instructions for the safe use, disposal and recycling of pesticide containers.”

FIFRA requires the registration of pesticide products and pesticide production facilities, and the proper labeling of pesticides. This law protects public health and the environment by ensuring the safe production, handling and application of pesticides; and prevents false, misleading, or unverifiable product claims. FIFRA also prohibits the marketing of misbranded, improperly labeled, or adulterated pesticides.

EPA cited the companies following an inspection of the Union Carbide Corp. facility in Institute by officials from EPA and the West Virginia Department of Agriculture. Union Carbide, which is not a party in these enforcement actions, was contracted to manufacture pesticide products for the three companies using product labels provided by the companies.

The settling companies did not admit liability for the alleged violations, but have certified their compliance with the cited FIFRA requirements.


UPDATE: Additional Duty on Imports of Steel and Aluminum Articles under Section 232 of the Trade Expansion Act of 1962  - U.S. Customs & Border Protection

BACKGROUND:  On March 8, 2018, the President issued Proclamations 9704 and 9705 on Adjusting Imports of Steel and Aluminum into the United States, under Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), providing for additional import duties for steel mill and aluminum articles, effective March 23, 2018. See the Federal Register, 83 FR 11619 and 83 FR 11625, March 15, 2018. On March 22, 2018, the President issued Proclamations on Adjusting Imports of Steel and Aluminum into the United States. See the Federal Register, 83 FR 13355 and 83 FR 13361, March 28, 2018. On April 30, 2018, the President issued Proclamations 9739 and 9740 on Adjusting Imports of Steel and Aluminum into the United States. See the Federal Register, 83 FR 20683 and 83 FR 20677, May 7, 2018. On May 31, 2018, the President issued Proclamations on Adjusting Imports of Steel and Aluminum into the United States.

These duty requirements are effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018.

COMMODITY:  Steel mill and aluminum articles, as specified in the Presidential Proclamations.

COUNTRIES COVERED BY SECTION 232 IMPORT DUTIES:  Please note that the Section 232 measures are based on the country of origin, not the country of export.

Steel:  As of June 1, 2018: All countries of origin except Argentina, Australia, Brazil, and South Korea.

Aluminum:  As of June 1, 2018: All countries of origin except Argentina and Australia.

COUNTRIES COVERED BY SECTION 232 ABSOLUTE QUOTAS:

Steel: As of June 1, 2018: Argentina, Brazil, and South Korea.
Aluminum:  As of June 1, 2018: Argentina.

For both steel and aluminum, imports of United States origin are not covered by the Section 232 measures.

FILING INSTRUCTIONS:

SECTION 232 IMPORT DUTIES:  Use non-quota entry type codes.

UPDATE: As of June 1, 2018, for all imports of aluminum from South Korea, importers should also use non-quota entry type codes.

Steel Products:  In addition to reporting the regular Chapters 72 & 73 of the Harmonized Tariff Schedule (HTS) classification for the imported merchandise, importers shall report the following HTS classification for imported merchandise subject to the additional duty:

  • 9903.80.01 (25 percent ad valorem additional duty for steel mill products)

Aluminum Products:  In addition to reporting the regular Chapter 76 of the HTS classification for the imported merchandise, importers shall report the following HTS classification for imported merchandise subject to the additional duty:

  • 9903.85.01 (10 percent ad valorem additional duty for aluminum products)

SECTION 232 ABSOLUTE QUOTAS:  Use quota entry type codes (entry types 02, 06, 07, 12, 23, 32, 38, or 52).

For further guidance, see CBP quota bulletins at https://www.cbp.gov/trade/quota/bulletins
Generalized System of Preferences (GSP) and African Growth and Opportunity Act (AGOA)

GSP and AGOA-eligible goods that are subject to Section 232 duties or quotas may not receive GSP or AGOA duty preference in accordance with 19 USC 2463(b)(2).

On imports subject to Section 232 duties or quotas (including imports from Argentina and Brazil), in addition to any applicable Section 232 duties, importers should pay the normal trade relations (column 1) duty rates and not submit the GSP Special Program Indicator (SPI) “A” or the AGOA SPI “D”


U.S. Department of Commerce Issues Affirmative Final Circumvention Rulings on Steel from Vietnam - US Department of Commerce

Today, the U.S. Department of Commerce announced final affirmative rulings that corrosion-resistant steel (CORE) and certain cold-rolled steel flat products (cold-rolled steel) imported from the Socialist Republic of Vietnam (Vietnam) produced from substrate originating in the People’s Republic of China (China) are circumventing the antidumping and countervailing duty (AD/CVD) orders on CORE and cold-rolled steel imported from China. As a result of today’s announcement, Commerce will instruct Customs and Border Protection (CBP) to continue collecting cash deposits on imports of CORE and cold-rolled steel produced in Vietnam using Chinese-origin substrate.

U.S. law provides that Commerce may find circumvention of AD/CVD orders when merchandise that is the same class or kind as merchandise subject to existing orders is completed or assembled in a third country prior to importation into the United States.

CBP will continue to collect AD and CVD cash deposits on imports of CORE produced in Vietnam using Chinese-origin substrate at rates of 199.43 percent and 39.05 percent, respectively. CBP will also collect AD and CVD cash deposits on imports of cold-rolled steel produced in Vietnam using Chinese-origin substrate at rates of 199.76 percent and 256.44 percent, respectively. These cash deposit rates were previously established in the AD and CVD investigations on cold-rolled steel and CORE from China. Cash deposits will apply to all unliquidated entries on or after November 4, 2016, the date the inquiries were initiated. Importers and exporters of Vietnamese merchandise that is produced from substrate originating in Vietnam or a third-country have the option of seeking an exemption from cash deposits by certifying that the substrate originated outside of China.

Shipments of CORE from Vietnam to the United States increased from $2 million to $80 million after preliminary duties were imposed on Chinese products in 2015. Likewise, shipments of cold-rolled steel from Vietnam to the United States increased from $9 million to $215 million after preliminary duties were imposed on Chinese products in 2015.

These inquiries were conducted in response to requests from U.S. domestic producers of CORE and cold-rolled steel: Steel Dynamics, Inc. (IN), California Steel Industries (CA), AK Steel Corporation (OH), ArcelorMittal USA LLC (IN), Nucor Corporation (NC), and United States Steel Corporation (PA).

The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that abides by international law and is based solely on factual evidence.
 
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