USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Steel Racks from China - U.S. International Trade Commission

The U.S. International Trade Commission (Commission or USITC) today determined that revoking the existing antidumping and countervailing duty orders on steel racks from China would likely lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China will remain in place. 

Chair Amy A. Karpel and Commissioners David S. Johanson and Jason E. Kearns voted in the affirmative. 

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the below for background on these five-year (sunset) reviews.

The Commission’s public report Steel Racks from China (Inv. Nos. 701-TA-608 and 731-TA-1420 (Review), USITC Publication 5593, February 2025) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 27,2025; when available, it may be accessed on the USITC website at https://www.usitc.gov/commission_publications_library. 

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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 reviews, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning steel racks from China were instituted on August 1, 2024.

On November 4, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate and voted for expedited reviews. 

A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Steel Racks from China; Inv. Nos. 701-TA-608 and 731-TA-1420 (Review).

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Chlorinated Isocyanurates From People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Photovoltaic Trunk Bus Cable Assemblies and Components Thereof; Notice of Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Chlorinated Isocyanurates From People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Photovoltaic Trunk Bus Cable Assemblies and Components Thereof; Notice of Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews Erythritol From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Active Anode Material From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Rescission of Antidumping Duty Administrative Review; 2023-2024
• Certain Low Speed Personal Transportation Vehicles From the People's Republic of China: Amended Preliminary Determination of Countervailing Duty Investigation
• Sol Gel Alumina-Based Ceramic Abrasive Grains From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Tungsten Shot From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination and Extension of Provisional Measures
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Methylene Diphenyl Diisocyanate (MDI) From China; Institution of Antidumping Duty Investigation and Scheduling of Preliminary Phase Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Selective Thyroid Hormone Receptor-Beta Agonists, Processes for Manufacturing or Relating to Same, and Products Containing Same; Notice of a Commission Determination To Review a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Persulfates From the People's Republic of China: Continuation of Antidumping Duty Order
• Float Glass Products From the People's Republic of China and Malaysia: Postponement of Preliminary Determinations in the Countervailing Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Icemaking Machines and Components Thereof; Notice of a Final Determination Finding a Violation of Section 337 and Issuance of Remedial Orders; Termination of Investigation
• Laminated Woven Sacks From China
• Certain Power Converter Modules and Computing Systems Containing the Same; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Persulfates From the People's Republic of China: Continuation of Antidumping Duty Order
• Prestressed Concrete Steel Wire Strand From Malaysia: Final Results of Antidumping Duty Administrative Review, and Partial Rescission; 2022-2023
• Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Monosodium Glutamate From the People's Republic of China: Preliminary Affirmative Determination of Circumvention
• Oil Country Tubular Goods From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Polyvinylidene Fluoride Resins; Notice of Institution of Investigation
• Melamine From India; Supplemental Schedule for the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Slag Pots From China
   

First in the Nation pest discovered by Agriculture Specialists at the Calexico Port of Entry - U.S. Customs & Border Protection

CALEXICO, CA – U.S. Customs and Border Protection agriculture specialists (CBPAS) assigned to the Calexico cargo facility intercepted a rare pest while conducting an examination of a cargo shipment.

On January 8th, 2025, a shipment containing red and green leaf lettuce arrived at the Calexico cargo facility. During an initial inspection of the shipment, a CBP officer referred the driver and cargo for an intensive agriculture inspection.

While inspecting the cargo, a CBP agriculture specialist discovered an unusual insect within the lettuce leaves. The pest was submitted to the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service for further identification. Using appropriate precautionary measures, CBPASs then returned the shipment and driver to Mexico.

On February 5th, 2025, a final identification of the pest was made as Campiglossa peregrina which is part of the fruit fly family. This species has not been recorded in the USDA pest identification database, qualifying this discovery as a first across all ports in the nation. This find demonstrates CBP’s efforts to prevent invasive species from entering the United States.

“Discovering a first-of-its-kind pest in our nation is a remarkable achievement. Our agriculture specialists’ role will continue to aid in safeguarding our environment and agriculture.” stated Roque Caza Port Director for the Area Port of Calexico.

Travelers and industries who wish to import flowers, plant materials, and other agricultural items should visit the Bringing Agricultural Products into the United States section of CBP’s website for ways to prevent conveyance contamination. CBP encourages travelers to declare all agricultural items to a CBP officer upon arrival.
 

"Detention Without Physical Examination Of Cosmetics That are Adulterated and/or Misbranded Due to Color Additive Violations" - Food & Drug Administration

Reason for Alert: Note: The revision of this Import Alert (IA) dated 11/17/2023 updates the reason for alert, guidance, agency contacts, charge code language, product description, PAF, PAC. Changes to the import alert are bracketed by asterisks (***).

This Import Alert was created to address cosmetics that ***appear to be adulterated and/or misbranded cosmetics due to color additive violations.***

***Section 201(t) of the Food, Drug, and Cosmetic Act (FD&C Act) defines "color additive," as any substance that, when applied to a food, drug or cosmetic or to the human body or any part thereof, is capable of imparting color thereto, with certain exceptions. Some color additives are soluble organic dyes and insoluble pigments, while others are plant extracts and mineral compounds.

Color additives are subject to a strict system of approval under the FD&C Act. Pre-approval by FDA is required for color additives before they can be used in cosmetic products; however, cosmetic products are not approved by FDA and may not claim FDA approval on their labeling. Color additives may be required to be batch certified by FDA or they may be exempt from certification. All color additives shall be labeled with sufficient information to assure their safe use and to allow a determination of compliance as per 21 CFR 70.25. Failure to meet U.S. color additive requirements causes a cosmetic to be adulterated or misbranded.***

The following color additive violations may be relevant to adulterated and/or misbranded cosmetics:

-Non-permitted color additives
-Uncertified color additives
-Undeclared color additives

***Color additives which are not pre-approved ("unapproved") or are used in a manner for which they have not been pre-approved may be considered "non-permitted" color additives.

Color additives that are required to be certified must originate from FDA certified lots. Color additives that require batch certification but do not have a valid certification lot number are considered "uncertified" color additives.

Color additives which are present in a product but not appropriately declared (e.g., not declared or declared using a designation no indicated by FDA) on the product label are considered "undeclared" color additives.***

Guidance: (read further)
 

U.S. Department of Transportation Terminates Tolling Approval for New York City’s Cordon Pricing Program - U.S. Department of Transportation

WASHINGTON – The U.S. Department of Transportation’s Federal Highway Administration today terminated approval of the pilot for New York’s Central Business District Tolling Program (CBDTP). In a letter to New York Governor Kathy Hochul, the Department rescinded a November 21, 2024 agreement signed under the Value Pricing Pilot Program (VPPP) that effectively ends tolling authority for New York City’s cordon pricing plan, which imposes tolls on drivers entering Manhattan below 60th Street.
 
“New York State’s congestion pricing plan is a slap in the face to working class Americans and small business owners,” said U.S. Transportation Secretary Sean P. Duffy. “Commuters using the highway system to enter New York City have already financed the construction and improvement of these highways through the payment of gas taxes and other taxes. But now the toll program leaves drivers without any free highway alternative, and instead, takes more money from working people to pay for a transit system and not highways. It’s backwards and unfair. The program also hurts small businesses in New York that rely on customers from New Jersey and Connecticut. Finally, it impedes the flow of commerce into New York by increasing costs for trucks, which in turn could make goods more expensive for consumer. Every American should be able to access New York City regardless of their economic means. It shouldn’t be reserved for an elite few.”

The construction of federal-aid highways as a toll-free highway system has long been fundamental to the Federal-aid highway program. Except for limited exceptions allowed by Congress, highways constructed with Federal-aid highway funds cannot be tolled. The construction of Federal-aid highways as a toll-free highway system has long been fundamental to the Federal-aid highway program. The VPPP is one of the exceptions to the general prohibition against tolling.

As detailed in the letter, the Secretary is terminating the pilot for two reasons.  First, the scope of the CBDTP is unprecedented and provides no toll-free option for many drivers who want or need to travel by vehicle in this major urbanized area. Second, the toll rate was set primarily to raise revenue for transit, rather than at an amount needed to reduce congestion. By doing so, the pilot runs contrary to the purpose of the VPPP, which is to impose tolls for congestion reduction – not transit revenue generation.

The Federal Highway Administration will work with the project sponsors on an orderly termination of the tolls.

You can view a full copy of the letter here.
 

Leadership from the Port of New York and New Jersey to Attend TPM25 - Port of NY/Breaking Waves

The leadership team at the Port of New York and New Jersey will be attending the TPM25 Conference at the convention center in Long Beach, CA., March 2-5. The global conference, where the Port of New York and New Jersey is a Silver Sponsor, brings together cargo owners, shippers, and BCOs with international logistics service providers, including ocean carriers, ocean and air forwarders, third-party logistics, marine terminals, ports, truckers, railroads, and banks.

This year’s theme—Finding Reliability in an Unreliable World—focuses on the industry’s uncertain future under a new government, the potential impacts on containerized trade, and how shippers and other market participants can prepare for possible disruption and market changes. The conference features multiple networking opportunities, pertinent seminars, town hall discussions, and meetings.

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