June 9, 2020
News Release 20-055
Contact: Peg O'Laughlin, 202-205-1819
USITC Delivers Preliminary Report on Miscellaneous Tariff Bill Petitions to Congressional Committees, Will Re-Open Portal for Limited Additional Public Comments - CORRECTED

The U.S. International Trade Commission (USITC or Commission) today submitted to Congressional committees a preliminary report on miscellaneous tariff bill petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).

Under the AMCA, USITC is required to receive, analyze, and report on petitions seeking temporary duty suspensions and reductions.  The law requires the Commission to deliver its preliminary report to the House of Representatives Committee on Ways and Means and the Senate Committee on Finance.  The USITC will ultimately submit a final report to the Committees for their use in developing a miscellaneous tariff bill for Congressional consideration.

The Commission’s preliminary report and other background information can be found here:  https://www.usitc.gov/trade_tariffs/mtb_program_information.

In the reports, the Commission categorizes petitions as either (a) petitions that meet the requirements of the Act with or without modification (Category I, II, III, or IV petitions), (b) petitions that do not contain the information required by the Act or that were not filed by a likely beneficiary (Category V petitions), or (c) petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill (Category VI petitions).

The Commission’s preliminary report provides recommendations on 3,479 petitions.  The largest product categories were chemicals, accounting for 1,857 petitions; machinery and equipment, accounting for 715 petitions; and textiles, apparel and footwear, accounting for 581 petitions.  Of the 3,479 petitions, the Commission assigned 2,632 to Categories I through IV, 42 to Category V, and 805 to Category VI.

Commission seeks limited additional comments

The Commission will re-open its Miscellaneous Tariff Bill Petition System portal on Monday, Friday, June 12, 2020, to allow the public to submit additional, limited public comments on petitions that the Commission in its preliminary report has included as Category VI petitions (i.e., petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill by Congress).

  • The Commission will re-open the portal for comments on June 12, 2020, at 8:45 a.m. for a period of 10 days, and will close the portal on June 22, 2020, at 5:15 p.m. 

  • The Commission will only accept information from the public that relates to its decision to place these petitions into Category VI as part of its preliminary report. 

  • Should Commission staff have questions about the information submitted during this limited comment period, they will contact the individual listed as a contact in the comment for clarification. 

The Commission has issued a notice formally announcing the opening of this comment period.   This notice contains further instructions on the type of information that may be filed and the manner in which it can be filed, including the process for handling confidential business information.

The Commission will deliver its final report to the Committees by August 9, 2020.

Background:  The USITC is conducting the second of two miscellaneous tariff bill petition cycles mandated by the AMCA.  Under the process, petitioners who could demonstrate that they are likely beneficiaries of a suspension or reduction of duties submitted petitions to the USITC between October 11, 2019, and December 10, 2019.  The USITC is now evaluating the petitions and determining whether they meet certain statutory requirements. The law requires the USITC to submit preliminary and final reports concerning its evaluations to the House Committee on Ways and Means and the Senate Committee on Finance for their use in developing a miscellaneous tariff bill for Congressional consideration.

# # #
June 9, 2020
News Release 20-056
Inv. No(s). 701-TA-630 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Subsidized Glass Containers from China Do Not Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of glass containers from China that the U.S. Department of Commerce (Commerce) has determined are subsidized by the government of China.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the negative.

As a result of the Commission’s negative determination, no countervailing duty order will be imposed on imports of this product from China.

The Commission’s public report Glass Containers from China (Inv. No. 701-TA-630 (Final), USITC Publication 5068, June 2020) will contain the views of the Commission and information developed during the investigation.

The report will be available by July 14, 2020; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.


UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Glass Containers from China
Investigation No. 701-TA-630 (Final)

Product Description:  Certain glass containers with a nominal capacity of 0.059 liters (2.0 fluid ounces) up to and including 4.0 liters (135.256 fluid ounces) and an opening or mouth with a nominal outer diameter of 14 millimeters up to and including 120 millimeters. The scope includes glass jars, bottles, flasks and similar containers; with or without their closures; whether clear or colored; and with or without design or functional enhancements (including, but not limited to, handles, embossing, labeling, or etching).

Status of Proceedings:

1.   Type of investigation:  Final phase countervailing duty investigation.
2.   Petitioners:  American Glass Packaging Coalition, Tampa, FL and Chicago, IL.
3.   USITC Institution Date:  Wednesday, September 25, 2019.
4.   USITC Hearing Date:  Wednesday, May 6, 2020.
5.   USITC Vote Date:  Tuesday, June 9, 2020.
6.   USITC Notification to Commerce Date:  Friday, June 26, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  6.
2.   Location of producers’ plants:  California, Colorado, Florida, Georgia, Illinois, Indiana, Minnesota, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Texas, and Wisconsin.
3.   Production and related workers:  10,849.
4.   U.S. producers’ U.S. shipments:  [1]
5.   Apparent U.S. consumption:  1
6.   Ratio of subject imports to apparent U.S. consumption:  1

U.S. Imports in 2019:

1.   Subject imports:  1
2.   Nonsubject imports:  1
3.   Leading import sources:  China and Mexico.

 

[1] Withheld to avoid disclosure of business proprietary information.

# # #
June 9, 2020
News Release 20-057
Inv. No(s). 731-TA-1125 (Second Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Review Concerning Electrolytic Manganese Dioxide from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of electrolytic manganese dioxide from China 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 determination, the existing antidumping duty order on imports of this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 this five-year (sunset) review.

The Commission’s public report Electrolytic Manganese Dioxide from China (Inv. No. 731-TA-1125 (Review), USITC Publication 5069, June 2020) will contain the views of the Commission and information developed during the review.

The report will be available by July 10, 2020; 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) review concerning Electrolytic Manganese Dioxide from China was instituted on December 2, 2019.

On March 6, 2020, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.

A record of the Commission’s vote to conduct an expedited review 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 202-205-1802.

# # #
June 5, 2020
News Release 20-054
Inv. No(s). 701-TA-510 and 731-TA-1245 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Calcium Hypochlorite from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of calcium hypochlorite from China 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 this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.  Commissioner Jason E. Kearns did not participate in these reviews.

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 Calcium Hypochlorite from China (Inv. Nos. 701-TA-510 and 731-TA-1245 (Review), USITC Publication 5065, June 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 8, 2020; 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 Calcium Hypochlorite from China were instituted on December 2, 2019.

On March 6, 2020, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.  Commissioner Jason E. Kearns did not participate in these reviews.

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 202-205-1802.

# # #
June 3, 2020
News Release 20-053
Inv. No(s). 701-TA-512 and 731-TA-1248 (Review)
Contact: Peg O'Laughlin, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Carbon and Certain Alloy Steel Wire Rod from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of carbon and certain alloy steel wire rod from China 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 this product from China will remain in place. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, 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 Carbon and Alloy Steel Wire Rod from China (Inv. Nos. 701-TA-512 and 731-TA-1248 (Review), USITC Publication 5064, June 2020) will contain the views of the Commission and information developed during the reviews.

The report will be available by July 6, 2020; 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 Carbon and Certain Alloy Steel Wire Rod from China were instituted on December 2, 2019.

On March 6, 2020, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.

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 202-205-1802.

# # #
May 29, 2020
News Release 20-052
Inv. No(s). 701-TA-646 and 731-TA-1502-1516 (Preliminary)
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Investigations Concerning Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured  by reason of imports of prestressed concrete steel wire strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates that are allegedly sold in the United States at less than fair value and subsidized by the government of Turkey. 

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. 

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates, with its preliminary countervailing duty determination due on or about July 10, 2020, and its antidumping duty determinations due on or about September 23, 2020. 

The Commission’s public report Prestressed Concrete Steel Wire Strand from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates (Inv. Nos. 701-TA-646 and 731-TA-1502-1516 (Preliminary), USITC Publication 5062, June 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available after June 29, 2020; when available, it may be accessed on the USITC website at:  https://www.usitc.gov/commission_publications_library.


UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Prestressed Concrete Steel Wire Strand (PC strand) from Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, Netherlands, Saudi Arabia,South Africa, Spain, Taiwan, Tunisia, Turkey, Ukraine, and United Arab Emirates
Investigation Nos. 701-TA-646 and 731-TA-1502-1516 (Preliminary)

Product Description:  The merchandise covered by these investigations is prestressed concrete steel wire strand (PC strand), produced from wire of non-stainless, non-galvanized steel, which is suitable for use in prestressed concrete (both pre-tensioned and post-tensioned) applications. The product definition encompasses covered and uncovered strand and all types, grades, and diameters of PC strand. PC strand is normally sold in the United States in sizes ranging from 0.25 inches to 0.70 inches in diameter.

Status of Proceedings:

1.   Type of investigation:  Preliminary phase antidumping duty and countervailing duty investigations.
2.   Petitioners:  Insteel Wire Products, Mount Airy, NC; Sumiden Wire Products Corporation, Dickson, TN; and Wire Mesh Corporation, Houston, TX.
3.   USITC Institution Date:  Thursday, April 16, 2020.
4.   USITC Conference Date:  Thursday, May 7, 2020.
5.   USITC Vote Date:  Friday, May 29, 2020.
6.   USITC Notification to Commerce Date:  Monday, June 1, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  5.
2.   Location of producers’ plants:  Arkansas, California, Florida, South Carolina, Tennessee, and Texas.
3.   Production and related workers:  378.
4.   U.S. producers’ U.S. shipments:  $321.4 million.
5.   Apparent U.S. consumption:  $450.3 million.
6.   Ratio of subject imports to apparent U.S. consumption:  25.3 percent.

U.S. Imports in 2019:

1.   Subject imports:  $114.1 million.
2.   Nonsubject imports:  $14.8 million.
3.   Leading import sources:  Malaysia, Spain, Turkey, Tunisia, and Italy.

# # #
May 28, 2020
News Release 20-051
Inv. No(s). 701-TA-625 and 731-TA-1450-1451 (Final)
Contact: Peg O'Laughlin, 202-205-1819
Quartz Surface Products from India and Turkey Injure U.S. Industry, Says USITC

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of quartz surface products from India and Turkey that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from India and Turkey.

The Commission also made negative findings concerning critical circumstances with regard to imports of this product from India and Turkey.  As a result, imports of quartz surface products from India and Turkey will not be subject to retroactive countervailing duties.

The Commission’s public report Quartz Surface Products from India and Turkey (Inv. Nos. 701-TA-624-625 and 731-TA-1450-1451 (Final), USITC Publication 5061, June 2020) will contain the views of the Commission and information developed during the investigations.

The report will be available by July 1, 2020; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.


UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436

FACTUAL HIGHLIGHTS

Quartz Surface Products from India and Turkey
Investigation Nos. 701-TA-624-625 and 731-TA-1450-1451 (Final)

Product Description:  Quartz surface products consist of slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite), resin binder (e.g., an unsaturated polyester), and other materials, including, but not limited to, pigments, cement, or other additives. In addition to slabs, the scope of these investigations includes, but is not limited to, other surfaces such as countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fireplace surrounds, mantels, and tiles. Quartz surface products are covered by these investigations whether or not polished, cut, fabricated, cured, edged, finished, thermoformed, packaged, and regardless of the type of surface finish.

Status of Proceedings:

1.   Type of investigation:  Final phase antidumping duty and countervailing duty investigations.
2.   Petitioner:  Cambria Company LLC, Le Sueur, MN.
3.   USITC Institution Date:  Wednesday, May 8, 2019.
4.   USITC Hearing Date:  Wednesday, April 29, 2020.
5.   USITC Vote Date:  Thursday, May 28, 2020.
6.   USITC Notification to Commerce Date:  Monday, June 15, 2020.

U.S. Industry in 2019:

1.   Number of U.S. producers:  6.[1]
2.   Location of producers’ plants:  California, Florida, Georgia, Indiana, Minnesota, Ohio, and Tennessee.
3.   Production and related workers: [2]
4.   U.S. producers’ U.S. shipments: 2
5.   Apparent U.S. consumption: 2
6.   Ratio of subject imports to apparent U.S. consumption: 2

U.S. Imports in 2019:

1.   Subject imports: 2
2.   Nonsubject imports: 2
3.   Leading import sources:  India, Spain, Vietnam, Turkey, and Israel.

 

[1] Pertains only to quartz slab producers as this information excludes fabricators.

[2] Withheld to avoid disclosure of business proprietary information.

# # #
May 26, 2020
News Release 20-050
Inv. No(s). 337-TA-1202
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation of Certain Synthetic Roofing Underlayments and Components Thereof

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain synthetic roofing underlayment products and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Kirsch Research and Development, LLC, of Simi Valley, CA, on April 24, 2020.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain synthetic roofing underlayment products and components thereof that infringe a patent asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.  The USITC has identified the following as respondents in this investigation:

Atlas Roofing Corporation of Atlanta, GA;
CertainTeed Corporation of Malvern, PA;
DuPont de Nemours, Inc., of Wilmington, DE;
E.I. DuPont de Nemours and Company of Wilmington, DE;
Epilay, Inc., of Carson, CA;
GAF Corporation of Parsippany, NJ;
InterWrap Corp. of Toledo, OH;
Owens Corning of Toledo, OH;
Owens Corning Roofing & Asphalt, LLC, of Toledo, OH;
System Components Corporation of Issaquah, WA; and
Tamko Building Products LLC of Joplin, MO.

By instituting this investigation (337-TA-1202), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

# # #
May 26, 2020
News Release 20-049
Inv. No(s). TA-131-046 and TPA-105-007
Contact: Peg O'Laughlin, 202-205-1819
Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports from Kenya will be Focus of New USITC Investigation

The U.S. International Trade Commission (USITC) is seeking input for a newly initiated investigation into the probable economic effect of providing duty-free treatment for currently dutiable imports from Kenya.

The investigation, U.S.-Kenya Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-free Treatment for Currently Dutiable Imports, was requested by the U.S. Trade Representative (USTR) in a letter received on March 17, 2020.

As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of currently dutiable products from Kenya on industries in the United States producing like or directly competitive products and on consumers.  In preparing its advice, the USITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States (HTSUS) for which U.S. tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization. The advice will be based on the HTSUS in effect during 2020 and trade data for the year 2019.

In addition, as requested, the USITC will prepare an assessment of the probable economic effects of eliminating tariffs on imports from Kenya of certain agricultural products on U.S. industries producing the products concerned and on the U.S. economy as a whole.  A list of the agriculture products is attached to the USTR’s request letter.

The USITC expects to submit its report, which will be confidential, to the USTR by September 16, 2020.

The USITC is seeking input for the investigation from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice.  The USITC will hold a public hearing in connection with the investigation on July 7, 2020.  Because COVID-19 mitigation measures are in effect, the public hearing will be held via Go to Meeting. 

Information about how to participate in the hearing will be posted on the Commission’s website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm).  Requests to appear at the hearing should be filed no later than 5:15 p.m. on June 10, 2020, with the Secretary,

U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on July 14, 2020. All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings, including requests to appear at the hearing and written submissions, must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of the investigation and appropriate submissions is available in the USITC’s notice of investigation, dated May 26, 2020, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or commissionhearings@usitc.gov.

# # #
May 21, 2020
News Release 20-048
Inv. No(s). 332-578
Contact: Peg O'Laughlin, 202-205-1819
USITC Begins Investigation Concerning Possible Modifications to the U.S. Generalized System of Preferences for Additions and Removals

The U.S. International Trade Commission (USITC) is seeking input for an investigation concerning possible modifications to the Generalized System of Preferences (GSP).

The investigation, Generalized System of Preferences: Possible Modifications, 2020 Review (Investigation No. 332-578), was requested by the U.S. Trade Representative (USTR) in a letter received on May 4, 2020.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice as to the probable economic effect on U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the addition of the following Harmonized Tariff Schedule (HTS) provisions to the list of GSP-eligible products:

For all GSP beneficiary developing countries: 

  • 0603.11.00 (sweetheart, spray and other roses, fresh cut),
  • 0603.11.0010 (sweetheart roses, fresh, suitable for bouquets or for ornamental purposes),
  • 0603.11.0030 (spray roses, fresh, suitable for bouquets or for ornamental purposes),
  • 0603.11.0060 (roses, fresh, suitable for bouquets or for ornamental purposes, nesoi).

Also as requested, the USITC will provide advice as to the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and U.S. consumers of the removal from eligibility of six HTS provisions for all beneficiary developing countries.

The removals under consideration are: 

  • 1006.10.00 (rice in the husk, (paddy or rough)),
  • 1006.20.20 (basmati rice, husked),
  • 1006.20.40 (husked (brown) rice, other than basmati),
  • 1006.30.10 (rice semi-milled or wholly milled, whether or not polished or glazed, parboiled),
  • 1006.30.90 (rice semi-milled or wholly milled, whether or not polished or glazed, other than parboiled),
  • 1006.40.00 (broken rice).

The USITC will submit its confidential report to USTR by August 31, 2020. As soon as possible thereafter, the USITC will, as requested by USTR, issue a public version of the report containing only the unclassified sections, with any business confidential information and classified information deleted.

The USITC is seeking input for this investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on June 19, 2020. Because COVID-19 mitigation measures are in effect, the public hearing will be held using Go To Meeting.

Information about how to participate in the hearing will be posted on the Commission’s website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm).  Requests to appear at the public hearing should be filed no later than 5:15 p.m. on June 3, 2020, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  See below for important information regarding filing a request to appear at a USITC hearing.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on June 29, 2020.  All written submissions, except for confidential business information, will be available for public inspection.  See below for important information regarding the filing of written submissions for USITC investigations.

IMPORTANT:  All filings, including requests to appear at the hearing and written submissions, must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (202-205-1802), or consult the Commission’s Handbook on Filing Procedures.

Further information on the scope of this investigation and appropriate submissions appears in the USITC’s notice of investigation, dated on May 21, 2020. The notice can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general fact-finding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

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