ITC Report on Eliminating Duties on 735 More Drug Products

(World Trade Interactive)

The International Trade Commission released Sept. 16 results of its investigation into the potential elimination of duties on an additional 735 pharmaceutical products and chemical intermediates that are used primarily for the production of pharmaceuticals. These products would be added to the HTSUS Pharmaceutical Appendix, which was created as part of the Uruguay Round Agreements and already covers approximately 9,500 products. The U.S. and 21 other major trading countries agreed during the Uruguay Round to eliminate duties on pharmaceuticals and to periodically conduct reviews to identify additional products to be covered by the initiative.

The ITC’s report provides a summary description of the products contained in the existing Pharmaceutical Appendix as well as the proposed modifications, an explanation of the relationship between the various elements in the Appendix and the HTSUS, and an estimate of current U.S. imports and, where possible, exports of the products included in the existing Pharmaceutical Appendix and the proposed additions.

ITC Issues Year in Trade Report for 2009

(International Trade Commission)

The International Trade Commission released July 21 The Year in Trade 2009, its annual review of U.S. trade-related activities. This publication reviews the administration of U.S. trade laws and regulations, the operation of the World Trade Organization, U.S. free trade agreements and negotiations, and relations with major trading partners. It includes:

• complete listings of antidumping, countervailing, safeguard, intellectual property rights infringement and section 301 investigations undertaken in 2009;

• the operation of trade preference programs such as the Generalized System of Preferences, the African Growth and Opportunity Act, the Andean Trade Preference Act and the Caribbean Basin Economic Recovery Act;

• significant activities in the WTO, including its dispute settlement mechanism, the Organization for Economic Cooperation and Development, and the Asia-Pacific Economic Cooperation Forum;

• negotiation of the Anti-Counterfeiting Trade Agreement;

• developments in bilateral and regional FTAs, including activities under the North American Free Trade Agreement and negotiations to join the Trans-Pacific Partnership Agreement;

• trade relations with major trading partners such as the European Union, Canada, China, Mexico, Japan, Korea, Taiwan, Brazil and India; and

• an overview of U.S. trade in goods and services during 2009, with statistical tables highlighting bilateral trade with major trading partners and trade under U.S. trade preference programs.

U.S. AD/CV Notices

(World Trade Interactive)

• Opportunity to request administrative review of AD duty orders and suspension agreements with June anniversary dates. Requests are due by June 30.

• Summaries of current antidumping and countervailing actions taken by the International Trade Administration or the International Trade Commission including Phosphate Salts, Coated Paper, Carboxymethylcellulose, Steel Products, Polyester Fiber, and Frozen Fish Fillets.

Read more here along with links to ITA/ITC source documents.

Two New Investigations on Trade in Environmental Goods

(STR/World Trade Interactive)

The [U.S.] International Trade Commission has launched two new investigations that will (a) assess the probable economic effect of providing duty-free treatment to imports of certain environmental goods and (b) examine international trade in such products and the competitive conditions facing U.S. environmental goods industries.

With respect to the first investigation, the ITC will update previously provided advice on the probable economic effect of providing duty-free treatment to imports of certain environmental goods on U.S. imports, industries in the U.S. producing like or directly competitive articles and U.S. consumers. The ITC’s confidential report will be submitted to the Office of the U.S. Trade Representative by Oct. 18. The ITC will not hold a public hearing in connection with this investigation but welcomes written submissions for the record no later than July 7. Read more here.

Infineon Seeks to Block U.S. Chip Imports by Elpida

(Susan Decker — Bloomberg)

Infineon AG, Europe’s second-largest chipmaker, filed a patent-infringement complaint that seeks to block U.S. imports of computer-memory chips by Japan’s Elpida Memory Inc.

In a complaint filed Feb. 19 with the U.S. International Trade Commission in Washington, Infineon claims Elpida infringes four patents related to dynamic random access memory, or DRAM, which acts as the main memory in computers.

“Infineon has always been at the forefront of advanced semiconductor processing technologies,” Hermann Eul, an Infineon management board member, said in a statement. “We will protect our intellectual-property rights, which arise from our commitment to cutting-edge research and development.”

Should it win the case, Infineon might be able to shut Elpida, Japan’s biggest DRAM maker, out of the U.S. market. The global market for DRAM chips is expected to surge by more than 40 percent this year to $31.9 billion as prices rise and demand for personal computers recovers, research firm ISuppli Corp. said last week. Read more here.

US Steel Adds to its Complaint Against Chinese Steel Imports

(Malia Spencer — Pittsburgh Business Times)

In another federal petition, U.S. Steel Corp. (NYSE:X) said Thursday that it wants duties placed retroactively on seamless standard, line and pressure pipe that is imported from China if a federal trade commission finds that the Asian nation is dumping the product into the American market.

The Downtown Pittsburgh-based steelmaker — along with TMK IPSCO, a Downers Grove, Ill., manufacturer; V&M Star LP, a Houston manufacturer; and two labor groups — filed a complaint in September with the U.S. International Trade Commission over Chinese-made steel pipes imported during 2008. The pipe, which is not welded, and up to 16 inches in outside diameter, is used to move liquids and gases and can be found in plumbing and heating systems or industrial piping systems. […]

During this investigation US Steel has opted to ask that if any duties are implemented, they be retroactive 90 days from the date of the determination, the company said. Normally, duties would be assessed from date of the determination forward.

The Department of Commerce is expected to make a preliminary determination around Feb. 16. Read more here.

U.S. Sets Preliminary Duties on China Steel Products

(Xinhua News Agency)

The U.S. government announced preliminary determination in the countervailing duty investigation on imports of prestressed concrete steel wire strand from China, according to a statement released by the Commerce Department on Tuesday.

The department said that Chinese producers and exporters of prestressed concrete steel wire stand have received net countervailable subsidies ranging from 7.53 to 12.06 percent.

As a result of this preliminary determination, the Commerce Department will instruct U.S. Customs and Border Protection to collect a cash deposit or bond on imports prestressed concrete steel wire strand from China.

In 2008, imports of prestressed concrete steel wire strand from China were valued at an estimated 178 million U.S. dollars, up from 112 million dollars in 2006.

The petition was filed on May 27, 2009. The U.S. International Trade Commission (ITC) made its preliminary determination on July 13.

The Commerce Department is scheduled to issue its final determination in January 2010. Read more here.

First Sale Indicator No Longer Required on Entry Summaries

(World Trade Interactive)

U.S. Customs and Border Protection has announced that the requirement for importers whose shipments are valued using the First Sale Rule to indicate that on their entry summaries ended effective Aug. 19. CBP was required to collect this information and forward it to the International Trade Commission, which is conducting a review of the use of the First Sale Rule for U.S. imports during the 12-month period that began Aug. 20, 2008.

The 2008 farm bill, which effectively bars CBP from proceeding with a proposal to revoke the First Sale Rule, also required importers to declare at the time a consumption entry was filed if the transaction value of the merchandise covered by that entry is determined on the basis of the price paid by the buyer in a sale occurring earlier than the last sale prior to the introduction of the merchandise into the U.S. In order to implement this requirement, importers were required to enter the letter “F” in a miscellaneous indicator field of the entry summary for each entry line where the declared transaction value of the imported goods was determined on the basis of the first sale price.

Using the information generated by these entry summaries, the ITC expects to submit to the House Ways and Means and Senate Finance committees by Feb. 10, 2010, a report that includes the following information:

• the aggregate number of importers declaring that the transaction value of the imported merchandise is determined on the basis of the First Sale Rule, including a description of the frequency of the use of that method

• the tariff classification of such merchandise on an aggregate basis, including an analysis by sector

• the aggregate transaction value of such merchandise, including an analysis by sector

• the aggregate transaction value of all merchandise imported into the U.S. during the specified period

Source document: End of Delcaration of First Sale memorandum (PDF).

ITC Issues Year in Trade Report for 2008

(World Trade Interactive)

The International Trade Commission released July 30 The Year in Trade 2008, its annual review of U.S. trade-related activities. This publication reviews the administration of U.S. trade laws and regulations, the operation of the World Trade Organization, U.S. free trade agreements and negotiations, and relations with major trading partners. It includes:

• complete listings of antidumping, countervailing, safeguard, intellectual property rights infringement and section 301 investigations undertaken in 2008;

• the operation of trade preference programs such as the Generalized System of Preferences, the African Growth and Opportunity Act, the Andean Trade Preference Act and the Caribbean Basin Economic Recovery Act;

• significant activities in the WTO, including its dispute settlement mechanism, and the Organization for Economic Cooperation and Development;

• developments in bilateral and regional FTAs; and

• trade relations with major trading partners such as the European Union, Canada, China, Mexico, Japan, Korea, Taiwan, Brazil and India.

The report can be downloaded here (217 pages PDF).

ITC’s New HTS Online Reference Tool

(CSCB)

The U.S. International Trade Commission (ITC) today released its new HTS Online Reference Tool, a comprehensive website for users of the Harmonized Tariff Schedule of the United States (HTS).

The ITC is mandated by Congress to maintain the HTS, which provides the tariff rates and statistical categories for all merchandise imported into the United States. The tariff schedule is a vital tool for importers, customs brokers, carriers, the government, and the public.

The new HTS Online Reference Tool provides a web-based source for HTS-related information and offers current, accurate, and user-friendly electronic access to the 3,000-page HTS.

The HTS Online Reference Tool features direct links to:

• classification rulings by Customs and Border Protection (CBP) users will be able to jump directly from a specific HTS item to the Customs Ruling Online Search System (CROSS) for determinations on product classification for that HTS item, and users will be able to access the most current ruling for any product;

• HTS Chapter 99, enabling users to move from an HTS item in chapters 1-97 to the temporary, seasonal, or special situation tariff that applies for that item as listed in chapter 99; and

• footnotes, allowing users to move from the footnote number in the text directly to the footnote itself. In addition, users can now search the HTS by word, word combinations, or HTS number, and they can use common terminology to do so. The HTS Online Reference Tool includes an expanding thesaurus that will help users search the HTS and locate an item even if they don’t know the precise classification language used in the document. For example, users will be able to search the word “cars,” which does not exist in the HTS, and be directed automatically to the HTS provisions covering “motor vehicles.” The thesaurus is in its early stages and will be enriched continually to reflect common terminology if a user searches on a term that is not currently included, that term will be added to the thesaurus. Over time, this regular updating will result in a rich, complex search engine that will make the HTS Online Reference Tool even more user-friendly.

“We’re excited to bring this comprehensive HTS tool to the trade community and the public,” said ITC Chairman Shara L. Aranoff. “The HTS Online Reference tool has been well-received by our colleagues at Customs as well as customs brokers and other users who have seen it demonstrated. It meets a long-standing need for easier, electronic access to the HTS, and we look forward to user review and input to keep it as useful and up-to-date as possible.”

Built by the ITC, the system is still evolving. Future enhancements include electronic access to the complete legal text and notes of the HTS and the ability for the ITC and CBP to convert the HTS to formats necessary for computerized operations at the borders and elsewhere.

The ITC’s HTS Online Reference Tool can be found at http://hts.usitc.gov.

ITC Issues Annual Compendium of Merchandise Trade Data

(World Trade Interactive)

The International Trade Commission has posted to its website its annual compendium of U.S. merchandise trade data

This publication provides a comprehensive review of U.S. trade performance, focusing on changes in exports, imports and trade balances of key natural resource, agricultural and manufacturing industries. It also examines market and economic factors influencing trends in U.S. trade with other major industrialized countries, what the U.S. exported to China and six other major trading partners and what it imported in return, and how increasing energy prices affected U.S. trade. Trade data for 2003-2007 for over 250 industry/commodity groups is included as well.

ITC Investigation Will Examine Use of First Sale Rule

(World Trade Interactive)

The International Trade Commission has launched an investigation on the use of the First Sale Rule with respect to the customs valuation of imported goods.

The 2008 Farm Bill requires the ITC to submit to the House Ways and Means and Senate Finance committees a report that includes the following information.

• the aggregate number of importers declaring that the transaction value of the imported merchandise is determined on the basis of the First Sale Rule, including a description of the frequency of the use of that method

• the tariff classification of such merchandise on an aggregate basis, including an analysis by sector

• the aggregate transaction value of such merchandise, including an analysis by sector

• the aggregate transaction value of all merchandise imported into the U.S. during the specified one-year period

The ITC does not plan to hold a public hearing in the course of this investigation. However, interested parties are invited to submit written comments no later than April 30. The ITC anticipates that it will transmit its final report to Congress by February 10, 2010.

To assist the ITC in preparing its report, the Farm Bill requires U.S. Customs and Border Protection to provide monthly reports for the period August 20, 2008, through August 19, 2009, that include (a) the number of importers declaring that the transaction value of the imported merchandise is determined on the basis of the first or earlier sale, (b) the tariff classification of such merchandise and (c) the transaction value of such merchandise.