USTR Issues Notice Regarding Statutory Four-Year Review of China 301 Tariffs - U.S. Trade Representative
WASHINGTON – The Office of the U.S. Trade Representative is today commencing the statutory process required leading up to the four-year anniversaries of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.
The first step in the process is to notify 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. If a request for continuation is received, USTR will conduct a review of the tariff actions.
Background: USTR is providing notice to representatives of domestic industries that benefit from the tariff actions through letters to interested parties that previously submitted comments in support of the tariff actions and through the issuance of a Federal Register notice. Requests for continuation must be submitted prior to the four-year anniversary of the action, which is July 6, 2022, for the first action in the investigation. If one or more requests for continuation are submitted, USTR will publish an additional notice after July 6 announcing the continuation of the tariff action and will proceed with a review of the tariffs. The review will include an opportunity for all interested persons to provide comments.
Additional information is available through the Federal Register notice, which can be accessed here.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Reviews
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Investigations; Determinations, Modifications, and Rulings, etc.: Finished Carbon Steel Flanges From India, Italy, and Spain; Institution of Five-Year Reviews
• Frozen Warmwater Shrimp From China, India, Thailand, and Vietnam; Institution of Five-Year Reviews
• Certain Welded Stainless Steel Pipe From South Korea and Taiwan; Institution of Five-Year Reviews
• Stainless Steel Wire Rod From India; Institution of a Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Residential Washers From Mexico: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Centrifuge Utility Platform and Falling Film Evaporator Systems and Components Thereof; Institution of Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Welded Stainless Steel Pressure Pipe From India
• Certain Botulinum Toxin Products and Processes for Manufacturing or Relating to Same; Institution of Investigation
• Certain Toner Supply Containers and Components Thereof (I); Notice of Commission Determination To Review in Part an Initial Determination Granting Complainants' Motion for Summary Determination of Violations of Section 337; Schedule for Filing Written Submissions on Remedy, Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Wooden Cabinet and Vanities and Components Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2019-2021
• Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2020-2021
• 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2020-2021
• Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission and Intent To Rescind Administrative Review, in Part; 2019-2020
• Large Residential Washers From the People's Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order
• Wooden Bedroom Furniture From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order
• Wooden Bedroom Furniture From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2020
• Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review in Part; 2019-2020
• Carbon and Alloy Steel Threaded Rod From India: Preliminary Results of Antidumping Duty Administrative Review, 2019-2021
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Routers, Access Points, Controllers, Network Management Devices, Other Networking Products, and Hardware and Software Components Thereof; Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337 and, on Review, To Affirm the Finding of No Violation; Termination of the Investigation
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Modification of One Ruling Letter and Revocation of Treatment Relating the Tariff Classification of Belts - U.S. Customs & Border Protection /Weekly Bulletin
AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
ACTION: Notice of modification of one ruling letter and of revocation of treatment relating to the tariff classification of belts.
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. § 1625(c)), as amended by section 623 of title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises interested parties that U.S. Customs and Border Protection (CBP) is modifying one ruling letter concerning tariff classification of belts under the Harmonized Tariff Schedule of the United States (HTSUS). Similarly, CBP is revoking any treatment previously accorded by CBP to substantially identical transactions. Notice of the proposed action was published in the Customs Bulletin, Vol. 56, No. 8, on March 2, 2022. No comments were received in response to that notice.
EFFECTIVE DATE: This action is effective for merchandise entered or withdrawn from warehouse for consumption on or after June 26, 2022.
FOR FURTHER INFORMATION CONTACT: Parisa J. Ghazi, Food, Textiles and Marking Branch, Regulations and Rulings, Office of Trade, at (202) 325–0272.
SUPPLEMENTARY INFORMATION
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Proposed Modification of 15 Ruling Letters and the Revocation of Treatment Relating to the Applicability of Subheading 9817.00.96, HTSUS to certain Footwear Products for Men and Women - U.S. Customs & Border Protection /Weekly Bulletin
AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
ACTION: Notice of proposed modification of 15 ruling letters and the revocation of treatment relating to the applicability of subheading 9817.00.96, Harmonized Tariff Schedule of the United States (HTSUS) to certain men’s and women’s footwear.
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625 (c)), as amended by section 623 of title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises interested parties that CBP intends to modify 15 New York ruling letters pertaining to the applicability of subheading 9817.00.96, HTSUS to certain men’s and women’s footwear. Similarly, CBP intends to revoke any treatment previously accorded by CBP to substantially identical transactions. Comments on the correctness of the proposed action are invited.
DATES: Comments must be received on or before May 27, 2022
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USITC Makes Determination in Five-Year (Sunset) Review Concerning Iron Construction Castings from Brazil, Canada, and China - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) today determined that revoking the existing countervailing duty order on imports of heavy iron construction castings from Brazil, the existing antidumping duty orders on heavy and light iron construction castings from Brazil and China, and the existing antidumping duty order on heavy iron construction castings from Canada 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 antidumping and countervailing duty orders on imports of these products from Brazil, Canada, and China will remain in place.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel 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 Iron Construction Castings from Brazil, Canada, and China (Inv. Nos. 701-TA-249 and 731-TA-262, 263, and 265 (Fifth Review), USITC Publication 5324, May 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by May 13, 2022; 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.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Iron Construction Castings from Brazil, Canada, and China were instituted on December 1, 2021.
On March 7, 2022, the Commission voted to conduct expedited reviews for these investigations. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that for these investigations, the domestic group response was adequate, and the respondent group response was inadequate.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-180
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FTC Takes Action to Stop Voice over Internet Provider from Facilitating Illegal Telemarketing Robocalls, Including Scams Relating to the Pandemic - Federal Trade Commission
The Federal Trade Commission today took action against Voice over Internet Protocol (VoIP) service provider VoIP Terminator, Inc., a related company, and the firms’ owner for assisting and facilitating the transmission of millions of illegal prerecorded telemarketing robocalls, including those they knew or should have known were scams, to consumers nationwide. Many of the calls originated overseas, and related to the COVID-19 pandemic, with the defendants allegedly failing to act as a gatekeeper to stop them from entering the country.
Acting on the Commission’s behalf, the U.S. Department of Justice filed the complaint announced in federal district court, along with an order permanently stopping the defendants from such illegal conduct. The order also includes a suspended civil penalty of more than $3 million.
“These defendants helped scammers blast millions of illegal robocalls into our homes,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “This is our third case in the last two years against VoIP service providers, who should take note of what happens when they ignore the law.”
The FTC’s complaint alleges Florida-based defendant VoIP Terminator, Inc., Virginia-based defendant BLMarketing, Inc., and the companies’ owner Muhammad Usman Kahn facilitated violation of the FTC’s Telemarketing Sales Rule (TSR) during their operation as a VoIP service provider.
Specifically, according to the complaint, the defendants continued to provide VoIP services to customers despite knowing or consciously avoiding knowing the customers were: 1) using the services to place calls to numbers on the FTC’s Do Not Call (DNC) Registry; 2) delivering prerecorded messages; and 3) displaying spoofed caller ID services to callers involved in scams related to credit card interest rate reduction, tech support, and the COVID-19 pandemic.
Enforcement Action
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Kohl’s and Walmart Agree to Pay $5.5 Million in Combined Penalties for Alleged Deceptive Violations of the Textile Act and Rules and FTC Act Around the Use of Bamboo - Department of Justice
Today, the Department of Justice, together with the Federal Trade Commission (FTC), announced that Kohl’s Inc. (Kohl’s) and Walmart Inc. (Walmart) have agreed to pay $2.5 million and $3 million in civil penalties, respectively, in as part of settlements to resolve allegations that Kohl’s and Walmart violated the Textile Fiber Products Identification Act (Textile Act) and associated rules (Textile Rules) and the Federal Trade Commission Act (FTC Act) by making deceptive claims about products supposedly made of bamboo.
In complaints filed in the U.S. District Court for the District of Columbia, the government alleged that since 2015, Kohl’s and Walmart violated the Textile Act and Rules and the FTC Act by advertising products as made of bamboo when such products were actually made of rayon and did not contain bamboo fibers. The complaints also alleged that Walmart and Kohl’s made deceptive claims that their products supposedly made of bamboo were environmentally friendly, and that Kohl’s further claimed such products were produced free of harmful chemicals, when in fact rayon is produced using a chemical process that requires toxic chemicals and results in the emission of hazardous pollutants. Kohl’s and Walmart did so even though, in 2010, both had received letters from the FTC warning them that improperly advertising products made of rayon as bamboo violated the Textile Rules and FTC Act.
“Consumers should be able to trust retailers’ representations about the materials from which their clothes and linens are made,” said Deputy Assistant Attorney General Arun G. Rao, head of the Justice Department’s Consumer Protection Branch. “The Department of Justice will not tolerate companies that generate sales by making false claims about their textile products.”
“Kohl’s and Walmart are paying millions of dollars under the FTC’s Penalty Offense Authority for mislabeling their rayon products as bamboo,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “False environmental claims harm both consumers and honest businesses, and companies that greenwash can expect to pay a price.”
The stipulated orders require Kohl’s to pay $2.5 million and Walmart to pay $3 million in civil penalties. The orders also bar Kohl’s and Walmart from making misleading or unsubstantiated claims that products are made of bamboo or provide environmental benefits because they are derived from bamboo. More generally, the orders bar Kohl’s and Walmart from advertising textiles comprised of manufactured fibers in a way that is false or deceptive as to their constituent fibers and requires them to satisfy ongoing recordkeeping, certification and compliance obligations.
This matter is being handled by Trial Attorney Rachael Doud of the Civil Division’s Consumer Protection Branch and Miriam Lederer of the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov