USTR Solicits Comments on Whether to Increase China 301 Tariffs on Certain Tungsten Products, Wafers and Polysilicon - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

Further to its recent notice, the USTR announced on September 19, 2024 that it is seeking comments on whether to increase China 301 tariffs to 25% for 3 subheadings covering certain tungsten products and 50% for 2 subheadings covering wafers and polysilicon. Further background can be found here.

The specific items are as follows:

Tungsten

• 8101.94.00 (Tungsten, unwrought (including bars and rods obtained simply by sintering)).
• 8101.99.10 (Tungsten bars and rods (o/than those obtained simply by sintering), profiles, plates, sheets, strip and foil).
• 8101.99.80 (Tungsten, articles nesoi).

Wafers / Polysilicon

• 2804.61.00 (Silicon containing by weight not less than 99.99 percent of silicon).
• 3818.00.00 (Chemical elements doped for use in electronics, in the form of discs, wafers etc., chemical compounds doped for electronic use).

 A portal for public comments will be open from September 23 – October 22, 2024. The USTR specifically invites comments on

• The extent to which the proposed modification would enhance the effectiveness of the tariff actions in obtaining the elimination of or in counteracting China’s acts, policies, and practices related to technology transfer, intellectual property and innovation; and

The likely effects of the proposed modification on the U.S. economy, including consumers. 

Please do not hesitate to contact any of our attorneys if we can assistance in the preparation of such comments or to further discuss the overall impact of the China 301 action on your company’s operations.
 

Industry Advisory: All FMC Statutes and Regulations Remain in Full Effect in the Event of Terminal Closures Related to Possible Work Stoppage - Federal Maritime Commission

Regulated entities are reminded that all statutes and regulations administered by the Federal Maritime Commission remain in effect during any terminal closures related to potential work stoppage at ports in the East Coast and Gulf of Mexico regions.

The Commission is directing its Bureau of Enforcement, Investigations, and Compliance to investigate any reports of unlawful conduct of regulated entities. The FMC will prosecute violators to the fullest extent of the law.  

Common carriers and marine terminal operators (MTOs) must continue to comply with all statutory and regulatory requirements, including rules governing tariffs, service contracts, MTO schedules, the application of and invoicing for demurrage and detention, and all other fees and surcharges assessed. Demurrage, detention, and all other fees and surcharges must be reasonable, clearly defined, and serve a specific measurable purpose.

FMC regulations require that demurrage and detention fees serve as legitimate financial incentives to encourage cargo movement. Pursuant to these requirements, the Commission will scrutinize any demurrage and detention charges assessed during terminal closures.

Demurrage and detention invoicing must be lawful. The Commission’s rule on such invoicing, implementing provisions of the Ocean Shipping Reform Act of 2022, became effective on May 28, 2024.  Invoices that do not include required information, or that are sent to the wrong entity, are not valid.

To report unlawful actions or to file a complaint, individuals or entities can:

• File a complaint proceeding  for adjudication before the FMC’s Office of Administrative Law Judges.
   
• Submit a Charge Complaint requesting refund of waiver of an erroneous or unlawful charge assessed by a common carrier for rapid review by the Commission.
   
• Request informal assistance to resolve a dispute. The Commission’s Office of Consumer Affairs and Dispute Resolution Services (CADRS) will facilitate communications and seek to quickly resolve disputes between a shipper and a common carrier or MTO. Unlike an order issued in a legal proceeding, resolutions reached through CADRS are voluntary.
   
• Report allegations of violations with the Commission’s Bureau of Enforcement, Investigations, and Compliance. Based on the information received, a formal investigation may be launched.
   
• Provide concerns and information for the benefit of the Commission’s knowledge at complaints@fmc.gov.

Additional information about options for raising and addressing disputes can be found in this instructional video.
 

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

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. 
 

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Softwood Lumber Products From Canada: Notice of Final Results of Antidumping Duty Changed Circumstances Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Cochlear Implant Systems and Components Thereof; Notice of Institution of Investigation
• Silicomanganese From India, Kazakhstan, and Venezuela; Scheduling of Expedited Five-Year Reviews
• Circular Welded Carbon-Quality Steel Pipe From China; Scheduling of Expedited Five-Year Reviews
• Laminated Woven Sacks From Vietnam; Scheduling of Expedited Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Common Alloy Aluminum Sheet From South Africa: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman: Final Results of the Administrative Review of the Antidumping Duty Order; 2021-2022
• Certain Softwood Lumber Products From Canada: Amended Final Results of Antidumping Duty Administrative Review in Part; 2022
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof (III); Notice of a Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order and Two Cease and Desist Orders; Termination of the Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Tungsten Shot From People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Crystalline Silicon Photovoltaic Cells and Modules From China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Raw Flexible Magnets From the People's Republic of China and Taiwan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders
• Brass Rod From Israel: Antidumping Duty and Countervailing Duty Orders
• Ceramic Tile From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With the Final Antidumping Duty Determination
• Prestressed Concrete Steel Wire Strand From Mexico: Final Affirmative Determination of Circumvention of the Antidumping Duty Order
• Certain Pasta From Italy and the Republic of Türkiye: Continuation of Antidumping Duty Orders and Countervailing Duty Orders
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Aluminum Lithographic Printing Plates From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances
• Aluminum Lithographic Printing Plates From Japan: Final Affirmative Determination of Sales at Less-Than-Fair-Value
• Aluminum Lithographic Printing Plates From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair-Value and Final Affirmative Determination of Critical Circumstances
   

Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2024 Amendments) - USDA

AGENCY: Agricultural Marketing Service, Department of Agriculture (USDA).

ACTION: Direct final rule.

SUMMARY: The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, decreasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to ensure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton. In addition, AMS is updating the Import Assessment Table to account for changes since the last assessment adjustment in 2023.

DATES: This direct final rule is effective November 15, 2024, without further action or notice, unless significant adverse comment is received by October 16, 2024. If significant adverse comment is received, AMS will publish a timely withdrawal of the amendment in the Federal Register

SUPPLEMENTARY INFORMATION:
 

USITC Releases The Year in Trade 2023 - U.S. International Trade Commission

The U.S. International Trade Commission (USITC) today released The Year in Trade 2023 (Inv. No. 163-003), its annual overview of developments regarding the operation of the U.S. trade agreements program for 2023.

The USITC's The Year in Trade is one of the government's most comprehensive reports available regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 75th in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.

The publication provides a summary of U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO) and select multilateral institutions, and developments regarding U.S. free trade agreements (FTAs) and U.S. bilateral trade relations with major trading partners in 2023. In addition, topics covered in The Year in Trade 2023 include:

• an overview of the global trade environment; 
• U.S. safeguard, antidumping, countervailing duty, intellectual property rights infringement, national security, and section 301 investigations and actions during 2023;
• U.S. trade preference programs, including the U.S. Generalized System of Preferences, the Nepal Trade Preferences Act, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
• WTO dispute settlement and other significant activities in the WTO; 
• developments under the Organisation for Economic Co-operation and Development, the Asia-Pacific Economic Cooperation forum, and trade initiatives under negotiation, including the Indo-Pacific Economic Framework for Prosperity and the Americas Partnership for Economic Prosperity;
• implementation and enforcement of the United States-Mexico-Canada Agreement and other U.S. FTAs in force; and
• trade patterns and developments in trading relationships with selected major U.S. partners—the European Union, Canada, Mexico, China, the United Kingdom, Japan, Taiwan, and Kenya.

The report and accompanying dashboard on the report home page provide an overview of U.S. trade in merchandise and services during 2023. Statistical tables highlight U.S. bilateral trade with major partners and trade under U.S. preference programs and FTAs.

The Year in Trade 2023 (USITC Publication 5547, September 2024) will be posted on the USITC's Internet site at https://www.usitc.gov/sites/default/files/publications/332/pub5547.pdf. 

The home page of the report is available at: www.usitc.gov/publications/332/year_in_trade_2023.  

The home page displays interactive figures and tables of underlying data on U.S. merchandise and services trade by country and by sector; U.S. imports under different trade preferences programs; information on Commission antidumping, countervailing duty, safeguard, and section 337 investigations; and information on WTO dispute settlement cases involving the United States. 

For more information about previous The Year in Trade reports, please refer to the Commission’s Investigations Database System (IDS): https://ids.usitc.gov/.
 

Rubio Introduces Bill to Prevent Communist China from Evading U.S. Tariffs - Senator Marco Rubio

Under the Trump Administration, Chinese-manufactured imports were subject to large tariffs. China countered with a multi-pronged strategy to evade U.S. tariffs and trade restrictions. 

Recently, Chinese manufacturers have exploited a loophole in U.S. trade law by shifting manufacturing facilities to third countries with favorable U.S. trade terms, such as Mexico, Vietnam, and Malaysia. This “country hopping” has allowed Chinese companies to evade tariffs and flood the U.S. market with cheap goods.

U.S. Senator Marco Rubio (R-FL) introduced the Stopping Adversarial Tariff Evasion Act to close this loophole and ensure tariffs apply to goods manufactured by a foreign adversary no matter where the production happens. 

• “America’s manufacturing sector has faced growing challenges from unfair foreign competition, particularly from Communist China. The Chinese Communist Party has eroded our industrial base for decades, and now it is bypassing the laws put in place to halt it. My legislation would ensure goods produced by our adversaries are treated as such, no matter where they’re made.
   
• “We must protect our industries and workers from these predatory practices before it’s too late. America cannot afford to surrender its economic future to Beijing.” – Senator Rubio

Flashback … Senator Rubio introduced a report detailing the successes and failures of Communist China’s “Made in China 2025” industrial policy, including the country’s domination of supply chains. He also introduced legislation to tackle “country hopping” in auto manufacturing.
 

BBB Tip: "Brushing” Scam Indicates a Serious Problem for Victims - Better Business Bureau

Free boxloads of merchandise from Amazon or other companies right on your doorstep! What could be bad about getting the Santa treatment all year long? Plenty! Better Business Bureau (BBB) warns consumers that this recent scam has a scary downside. You are not the one who hit the jackpot; a scammer is the real winner.

Read article here
 

Temu Can't Be Trusted With Your Data. We Need States To Step In - Newsweek.com

Read article here