U.S. CUSTOMS AND BORDER PROTECTION
- Starting on January 1, 2017 – US CBP will implement the following modifications relating to the filing of reconciliation entries to further automate the ACE process
- Application Process – New participants will no longer need to apply to CBP HQ to join the program. Instead, importers will need to (1) have a continuous bond on file (single transaction bonds are not allowed); (2) file a reconciliation bond rider; and (3) begin flagging entries for reconciliation.
- Entry Flagging –CBP will no longer blanket flag entries. Instead, importers will be responsible for flagging their own entries either manually or program software to perform blanket flagging.
- Reconciliation Transmission – Reconciliation entries will be submitted electronically only in ACE and hardcopies will no longer be required.
- Reconciliation Reporting –ACE will automatically populate the original value, duties, taxes, and fees relating to the underling entries covered by the reconciliation. Importers will be responsible for reporting the reconciled amounts, as the original entry data will be pulled automatically from the associated underlying entries covered by the reconciliation. CBP has also added a number of program indicators to the reconciliation transmission, requiring importers to provide additional information when transmitting a Type 9 Reconciliation Entry.
- CBP will no longer issue Importer Trade Activity (“ITRAC”) reports detailing an importer’s entry activity on an entry line-by-line basis. Instead, ITRAC reports will be replaced by ACE reports.
U.S. INTERNATIONAL TRADE COMMISSION
Section 701/731 Proceedings
- On November 3, 2016, The ITC determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of steel concrete reinforcing bar from Japan, Taiwan, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the government of Turkey.
- On November 18, 2016, The ITC announced its determinations in its antidumping and countervailing duty investigations concerning imports of circular welded carbon-quality steel pipe from Oman, Pakistan, the United Arab Emirates, and Vietnam that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and subsidized by the government of Pakistan.
- On November 18, 2016, The ITC determined that an industry in the U.S. is neither materially injured nor threatened with material injury by reason of imports of iron mechanical transfer drive components from Canada and China that Commerce has determined are sold in the U.S. at less than fair value and subsidized by the government of China.
Sunset Review Initiations
- Polyester Staple Fiber from Korea and Taiwan
- Glycine from China
Sunset Review Decisions
- On November 3, 2016, The ITC voted to institute an investigation of food supplements and vitamins containing ocular antioxidants, such as lutein, zeaxanthin, and zeaxanthin isomers, that may be used by individuals with certain ocular disorders, including age-related macular degeneration, hyperopia, presbyopia or astigmatism.
- On November 7, 2016, The ITC voted to institute an investigation of certain mobile device holders and components that are various sized which allow a user to position their mobile devices in a variety of ways, via magnetism.
- On November 15, 2016, The ITC voted to institute an investigation of certain mobile electronic devices that include hardware and software components within the mobile electronic devices, such as integrated circuits, cameras, RF transmitters, capacitors, and System-on-chips.
- On November 22, 2016, the ITC instituted an investigation of certain high-potency sweeteners for human consumption.
- On November 29, 2016, the ITC instituted an investigation of certain UV curable coatings for optical fibers, coated optical fibers, and products containing the same.
OTHER TRADE MATTERS
- The Chinese government said it feared that the EU would not fulfill its obligations to the WTO by refusing to grant it market economy status when a provision in China’s accession protocol expires. The EU has not taken a unified position on whether China should be granted ME status in December. Inside US Trade – November 4, 2016.
- Several European industry groups are railing against the EC’s proposal for a new antidumping methodology for eliminating any reference to non-market economies by placing the burden of proof on the complainant and for potentially not having a criterion for using 3rd country data. The EU proposal published on November 9th, seeks to pre-empt the expiration of the China WTO accession protocol that is interpreted to mean that China should no longer be treated as a non-market economy. The current EU last lays out 5 criteria that a country must meet to be a market economy and the new proposal would eliminate a reference to these 5 criteria and uses a more vague definition of “significant distortions” to determine a country’s market status. Inside US Trade – November 9, 2016.
- The Vietnamese steel industry is urging the Commerce Department to reject an anti-circumvention petition filed by U.S. Industry claiming that Chinese cold-rolled steel is being shipped to Vietnam in order to avoid antidumping and countervailing duties. Inside US Trade – November 9, 2016.
- The American Sugar Alliance is calling for an end to the U.S-Mexico sugar suspension agreements due to the fact that renegotiation talks are stalled in an effort to modify the deals to reflect the complaints from U.S. growers and refiners that the agreements are not functioning as expected. The renegotiations center around increasing the floor pried of refined sugar imports as well as address the concern that refined sugar was being shipped under the raw sugar category. Inside US Trade – November 18, 2016.
- Brazil has formally requested WTO consultations with the U.S. over two CVD cases on hot and cold-rolled steel claiming that the U.S. violated the WTO Agreement on SCM. Brazil has four main claims: (1) the U.S. initiated the case using inaccurate and insufficient data and evidence; (2) the final injury determination was not based on positive evidence; (3) the U.S. incorrectly defined certain government measures; and (4) the U.S. incorrectly calculated the CVD margins as it relates to the tax and loan measures subject to the investigation. Inside US Trade – November 18, 2016.
- On November 16, 2016, the U.S-China Economic and Security Review Commission released its report to the 114th The report focused on trade as well as security concerns. The Commission recommended that Congress requires that (1) under U.S. AD & CVD laws, that Chinese state-owned enterprises be determined to not have standing to block a case from proceeding; (2) create an office within the ITA whose sole purposes it to identify and initiate AD and CVD cases against China to ensure a more effective and timely response; and (3) to enact legislation requiring Congressional approval to the country as a whole or individual sectors before granting market economy status.