Import Business Resources » notices

ITC TO MODIFY, AUGMENT SERIES OF REPORTS ON CHINA

keeton — Fri, 22 Jun 2007 15:49:56 +0000

The U.S. International Trade Commission (ITC or Commission) today announced that it will modify and augment its series of reports on U.S.-China trade, as requested by the U.S. House of Representatives’ Committee on Ways and Means.

The ITC, an independent, nonpartisan, factfinding federal agency, was originally asked by the Committee to complete a three-report series that collectively would provide an in-depth assessment of the U.S.-China trade and investment relationship and the U.S.-Asia-Pacific trade and investment relationship. In a letter received on May 29, 2007, the Committee asked the Commission to add additional components to the investigation in order to provide an in-depth assessment of the causes of the U.S.-China trade imbalance and whether and to what extent the People’s Republic of China uses various forms of government intervention to promote investment, employment, and exports. The Committee noted it may supplement its request further, including with questions related to the functioning of China’s labor market.

The ITC will revise its approach and timelines for the three studies to accommodate the Committee’s request.

The first report, to be delivered no later than seven months from the receipt of the Committee’s latest letter, will describe Chinese government practices and policies that support and attempt to influence decision making in China’s agricultural, manufacturing and services sectors and by individual firms. The second report, to be delivered within 14 months, will build on the first by comprehensively cataloguing and, where possible, quantifying the government policies and interventions described in the first study in specific sectors. The third report, to be delivered within 24 months, will combine two of the initially requested studies that describe changes in U.S.-Asia trade and assess how two global trends the fragmentation of production processes and the growth in foreign direct investment flows contribute to the growth in the U.S. trade deficit with China. Details about the second two reports will be announced when those reports are initiated.

The first report, China: Description of Selected Government Practices and Policies Affecting Decision-Making in the Economy, will describe and, where possible, quantify the practices and policies that central, provincial, and local government bodies in China use to support and attempt to influence decision making in China’s agricultural, manufacturing, and services sectors and by individual firms.

The ITC report will include chapters describing government policies related to the privatization of state-owned enterprises and private ownership; price coordination; industrial development, particularly policies that target specific industries; the banking and finance sectors, including policies and interventions to promote indicative lending and on the treatment of nonperforming loans; utility rates; infrastructure development; taxation; restraints on imports and exports; research and development; worker training and retraining; and the rationalization and closure of uneconomic enterprises. As requested, the Commission also will include an analysis of the impact of a recent policy directive from China’s State-Owned Assets Supervision and Administration Commission.

The ITC will hold a public hearing in connection with the investigation at 9:30 a.m. on September 6, 2007. Requests to appear at the public hearing should be filed with the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436, and must be received no later than 5:15 p.m. on August 17, 2007.

The ITC also welcomes written submissions for the record. Written submissions (one original and 14 copies) should be addressed to the Secretary, U.S. International Trade Commission, at the above address and should be filed at the earliest practical date, but no later than 5:15 p.m. on September 20, 2007. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions is available in the ITC’s notice of investigation, dated June 21, 2007, which may be obtained from the ITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.

ITC 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 Senate Committee on Finance, or the House Committee on Ways and Means. The resulting reports convey the Commission’s objective findings and independent analyses on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the ITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

Beginner Importing Questions

keeton — Tue, 08 May 2007 19:32:26 +0000

I received the email below from one of our newsletter subscribers the other day. It contained a lot of the first time/beginner importing questions that I hear over and over, so I thought I would add it to the site. I did not go into too much depth, but hopefully, this will get you going in the right direction.

Subject: Importing from Indonesia

I am currently in communication with a company in Indonesia. We are looking into purchasing a container of custom furniture. I have never done this before, and don’t know where to start. Can you please recommend resources to answer these questions (and provided insight into the questions I should have the answers to before starting)?

Are there companies that handle shipping from the factory to my place of business (shipping, customs, freight, etc.).
Can I do the things listed in 1 on my own?
What is the time involved in the entire transaction?
What questions should I ask the manufacturer (eg. How does the product get from their place to the port of exit)
How do I find out if this company is legitimate and business worthy?
What are the payment methods that I should use?
When and how much do I pay(upfront, on arrival etc.)?

There are probably a lot of other things that I am unaware of. I am looking for the resource(s) to guide me through this process the first time.

Best regards,

Mike

Here were my responses:

Hi Mike,

I hate to push my own product too much, but the resources I recommend are the ones we sell on our site. They’re both designed to address a lot of the issues you’re dealing with.

http://www.usimporters.org/the-importers-survival-kit/
http://www.usimporters.org/the-beginners-guide/

To answer some of your immediate questions:

1. Are there companies that handle shipping from the factory to my place of business (shipping, customs, freight, etc.).

Yes. You want to enlist the aid of a freight forwarder. Check the yellow pages under freight, shipping and cargo, or something similar. These guys charge a little extra but can handle the entire transport process.

2. Can I do the things listed in 1 on my own?

Yes, but not recommended the first time out unless your shipment is very small.

3. What is the time involved in the entire transaction?

Depends on the responsiveness of your vendor and Customs, the method of transport (via air or sea), and how long it will take to truck or rail from the port of arrival to your location.

4. What questions should I ask the manufacturer (eg. How does the product get from their place to the port of exit)

You want to clearly outline what are called “incoterms.” They consist of a dozen or so common shipping arrangements people use and help to define each party’s responsibilities.

5. How do I find out if this company is legitimate and business worthy?

The best way to do that is to have a trusted overseas purchasing agent. Otherwise start with small shipments and build a relationship.

6. What are the payment methods that I should use?

These vary. International wire transfers are common, but risky while letters of credit are more complicated but with reduced risk.

7. When and how much do I pay(upfront, on arrival etc.)?

This is a personal preference. As with any new supplier, I would be uncomfortable paying too much in advance without an established relationship.

I hate not being able to go into more detail about these, but each question could have a 20 page answer by itself. Hopefully he’ll be able to use some of the information and answers provided to get him thinking in the right direction.

ORIGIN FOR CERTAIN TEXTILE ARTICLES

keeton — Thu, 03 May 2007 22:39:22 +0000

The United States International Trade Commission (ITC) is seeking input on a newly initiated investigation concerning proposed modifications of the North American Free Trade Agreement (NAFTA) rules of origin for certain sanitary articles and nonwoven wipes that are goods of Canada and Mexico, and for chenille fabrics that are goods of Canada only.

The investigation, Certain Textile Articles: Probable Effect of Modification of NAFTA Rules of Origin for Goods of Canada and Mexico (Sanitary Articles and Nonwoven Wipes) and for Goods of Canada (Chenille Fabrics), was requested by the U.S. Trade Representative (USTR).

As requested by the USTR, the ITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable effect of the proposed NAFTA rules of origin modifications for sanitary towels or tampons and nonwoven wipes of viscose rayon staple fibers and chenille fabrics of acrylic fibers on U.S. trade under the NAFTA, total U.S. trade, and on domestic producers of the affected articles. If adopted, the rules changes would effectively extend duty- free and quota-free treatment to qualifying sanitary articles, nonwoven wipes, and chenille fabrics in the specified NAFTA countries, regardless of the source of the specified fibers.

The ITC expects to submit its advice to the USTR by June 15, 2007.

The ITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the ITC is requested to provide information and advice. The ITC will not hold a public hearing in connection with the investigation; however, the ITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 and should be submitted at the earliest practical date but no later than 5:15 p.m. on May 16, 2007.

Further information on the scope of this investigation, the proposed rules of origin modification, and the procedures for written submissions is available in the ITC’s notice of investigation, dated May 3, 2007, which can be downloaded from the ITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.

EFFECTS OF DUTY-FREE ENTRY FOR GOODS UNDER THE GSP

keeton — Mon, 30 Apr 2007 19:20:18 +0000

ITC RELEASES REPORT ON LIKELY EFFECTS OF DUTY-FREE ENTRY FOR GOODS UNDER THE GSP

The U.S. International Trade Commission (ITC) today released a public version of its confidential report on the probable economic effects of providing duty free treatment under the Generalized System of Preferences (GSP).

The report, Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2006 Review, was requested by the U.S. Trade Representative (USTR).

As requested, the ITC provided advice as to the impact of granting waivers of the competitive need limits for Argentina for lithium carbonates and calcium silicon (HTS subheadings 2836.91.00 and 7202.99.20); for Brazil for refined copper cathodes and certain unalloyed copper wire rod (HTS subheadings 7403.11.00 and 7408.11.60); for India for cucumbers, including gherkins, certain hand- hooked carpets and other textile floor coverings, and certain color television reception apparatus (HTS subheadings 2001.10.00, 5703.10.20, and 8528.12.80); and for Thailand for radial bus or truck tires (HTS subheading 4011.20.10).

“Competitive need limits” represent the maximum import level of a product that is eligible for duty- free treatment under the GSP; once the limit is reached, trade is considered “competitive,” benefits are no longer needed, and imports of the article become ineligible for GSP treatment, unless a waiver is granted. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the Commission, as requested, will use the dollar value limit of $125,000,000.

The ITC submitted a confidential version of the report to the USTR on April 11, 2007.

Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2006 Review (Investigation No. 332-483, USITC publication 3919, April 2007) will be available on the ITC’s Internet site at http://hotdocs.usitc.gov/docs/pubs/332/pub3919.pdf. A CD-ROM of the report may be requested by calling 202-205-2000 or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

ITC 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 Senate Committee on Finance, or the House Committee on Ways and Means. 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 factfinding reports. Upon completion of each investigation, the ITC 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.

ITC BEGINS ASSESSMENT OF U.S.-PANAMA TPA

keeton — Mon, 30 Apr 2007 19:19:55 +0000

The U.S. International Trade Commission (ITC) has instituted an investigation to assess the likely impact of a comprehensive bilateral trade promotion agreement (TPA) that the President has proposed to establish with Panama.

The investigation, U.S.-Panama Trade Promotion Agreement: Potential Economy-wide and Selected Sectoral Effects, was requested by the U.S. Trade Representative in a letter received on March 30, 2007.

The Trade Act of 2002 requires the ITC to prepare a report that assesses the likely impact of proposed free trade agreements on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers. The ITC’s report, which will be public, is due to the President and the Congress no more than 90 days after the President actually signs the agreement, which he can do 90 days after he notifies the Congress of his intent to do so. The President notified the Congress on March 30, 2007, of his intent to enter into the TPA with Panama.

The ITC will hold a public hearing in connection with the investigation on May 16, 2007. Requests to appear at the hearing (one original and 14 copies) should be filed no later than 5:15 p.m. on May 7, 2007, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.

The ITC also welcomes written submissions for the record. Written submissions (one original and 14 copies) should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on May 23, 2007. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigation and the procedures for written submissions is available in the ITC’s notice of investigation, dated April 26, 2007, which can be obtained from the ITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

RECHARGEABLE LITHIUM-ION BATTERIES

keeton — Wed, 25 Apr 2007 19:00:50 +0000

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN RECHARGEABLE LITHIUM-ION BATTERIES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain rechargeable lithium-ion batteries, components thereof, and products containing same. The products at issue in this investigation are used in portable, cordless devices like power tools and laptop computers.

The investigation is based on a complaint filed by 3M Company and 3M Innovative Properties Company (3M IPC) of St. Paul, MN, on March 7, 2007. An amended complaint was filed on April 11, 2007. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain rechargeable lithium-ion batteries, components thereof, and products containing same that infringe patents owned by 3M IPC. The complainants request that the ITC issue a general exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Sony Corporation of Japan;
Sony Electronics, Inc., of San Diego, CA;
Lenovo Group Limited (Hong Kong) of Hong Kong;
Lenovo (United States) Inc. of Morrisville, NC;
CDW Corporation of Vernon Hills, IL;
Batteries Com, LLC, of Indianapolis, IN;
Hitachi Koki USA, Ltd., of Norcross, GA;
Matsushita Industrial Electric Co., Ltd., of Japan;
Panasonic Corporation of North America of Secaucus, NJ;
Total Micro Technologies Inc. of Irvine, CA; and
Sanyo Electric Company, Ltd., of Japan.

By instituting this investigation (337-TA-600), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.

3G WIDEBAND CODE DIVISION MULTIPLE ACCESS (WCDMA) HANDSETS

keeton — Wed, 25 Apr 2007 19:00:18 +0000

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN 3G WIDEBAND CODE DIVISION MULTIPLE ACCESS (WCDMA) HANDSETS AND COMPONENTS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain 3G Wideband Code Division Multiple Access (WCDMA) handsets and components thereof.

The products at issue in this investigation are cellular mobile telephones capable of operating on 3G WCDMA systems.

The investigation is based on a complaint filed by InterDigital Communications Corporation of King of Prussia, PA, and InterDigital Technology Corporation of Wilmington, DE, on March 23, 2007, and supplemental letters filed on April 4, 2007 and April 16, 2007. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain 3G Wideband Code Division Multiple Access handsets and components thereof that infringe patents owned by InterDigital. The complainants request that the ITC issue a permanent exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

Samsung Electronics Co., Ltd., of Korea;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Telecommunications America LLC of Richardson, TX.

By instituting this investigation (337-TA-601), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.

COMPETITIVE CONDITIONS FACING THE U.S. WOOD FLOORING AND HARDWOOD PLYWOOD INDUSTRIES

keeton — Thu, 19 Apr 2007 01:49:11 +0000

The U.S. International Trade Commission (ITC or Commission) has launched an investigation into the competitive conditions affecting the U.S. wood flooring and hardwood plywood industries.

The investigation, Wood Flooring and Hardwood Plywood: Competitive Conditions Affecting the U.S. Industries, was requested by the Committee on Finance, U.S. Senate, in a letter received on March 6, 2007.

As requested, the ITC, an independent, nonpartisan, factfinding federal agency, will provide an overview of the U.S. markets for solid and engineered wood flooring (both unfinished and factory finished products) and hardwood plywood; a description of the U.S. industries for wood flooring and hardwood plywood and those of the principal countries that supply the U.S. market; an examination of U.S. trade patterns and the factors affecting trade patterns, including tariffs and other border measures; an analysis of the factors affecting the competitive position of U.S. producers and the principal foreign suppliers to the U.S. market; and the views of industry, homebuilders, importers, and other interested parties on developments in the supply of and the demand for wood flooring and hardwood plywood, including the effect of imports and substitutes for each product.

The ITC will submit its report to the Committee by June 6, 2008.

The ITC will hold a public hearing in connection with the investigation at 9:30 a.m. on September 13, 2007. Requests to appear at the public hearing should be filed with the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436, and must be received no later than 5:15 p.m. on August 22, 2007.

The ITC also welcomes written submissions for the record. Written submissions (one original and 14 copies) should be addressed to the Secretary, U.S. International Trade Commission, at the above address and should be filed at the earliest practical date, but no later than 5:15 p.m. on December 28, 2007. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions is available in the ITC’s notice of investigation, dated April 16, 2007, which may be obtained from the ITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.

CHARNESKI NAMED NEW ADMINISTRATIVE LAW JUDGE AT U.S. INTERNATIONAL TRADE COMMISSION

keeton — Mon, 16 Apr 2007 22:17:27 +0000

Daniel R. Pearson, Chairman of the United States International Trade Commission (ITC), announced today that Judge Carl C. Charneski has been named an Administrative Law Judge at the ITC. Charneski will manage litigation, preside over evidentiary hearings, and make initial determinations in the agency’s investigations involving unfair practices in import trade. These investigations most often involve allegations of patent, trademark, and copyright infringement.

Charneski served as an Administrative Law Judge at the U.S. Environmental Protection Agency from 1995 until his ITC appointment. He previously served as an Administrative Law Judge at the U.S. Social Security Administration from 1994 to 1995. He was a trial attorney with the Mine Safety and Health Administration of the U.S. Department of Labor from 1991 to 1994 and an appellate attorney with that agency from 1988 to 1991.

Prior to that, Charneski served as Counsel to Commissioner L. Clair Nelson at the Federal Mine Safety and Health Review Commission from 1983 to 1988. He was an attorney in the Office of the General Counsel at the Federal Mine Safety and Health Review Commission from 1977 to 1983.

Charneski holds a juris doctor degree from St. John’s University School of Law and a bachelor of arts degree from St. Francis College. He is a member of the Bars of the District of Columbia and Virginia.

The U.S. International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement

USTR Issues 2007 Review of Telecommunications Trade Agreements

keeton — Sat, 14 Apr 2007 06:20:16 +0000

WASHINGTON DC– U.S. Trade Representative Susan C. Schwab today announced the results of the 2007 annual review of the operation and effectiveness of telecommunications trade agreements under Section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (“1377 Review”). The 1377 Review identifies barriers facing U.S. telecommunications service and equipment suppliers, evaluates progress towards resolving ongoing problems, and lays out the specific telecommunications-related issues on which USTR will focus its efforts this year.

“Ensuring that our trading partners comply with their telecommunications trade commitments is fundamental to helping U.S. telecommunications operators and equipment manufacturers compete effectively abroad,” said Ambassador Schwab. “Market barriers impede our efforts to promote vibrant competitive telecommunications markets around the world. Removing these barriers and allowing greater market access in this sector will allow consumers around the world to communicate with friends or business colleagues faster, with a higher quality, and for less money. This year’s 1377 Review identifies practices that interfere with these objectives, and we will work to address these impediments throughout this year.”

This year’s 1377 Review focuses on country-specific concerns, as well as more general issues of concern. Those countries and issues where specific concerns arise include: (1) Egypt with respect to ensuring an open licensing regime for new operators and the public availability of Telecom Egypt’s interconnection arrangements; (2) Thailand with respect to submitting a revised GATS schedule to bind its recent market-liberalizing telecom reforms which it has so far failed to do; (3) Jamaica with respect to its universal service program that disproportionately applies to U.S. operators and raises questions as to its transparency; (4) Mexico with respect to ensuring cost-based interconnection rates, as well as providing market access for telecommunications equipment tested by U.S. testing laboratories; and; (5) Guatemala with respect to delays in ensuring interconnection between carriers.

This year’s 1377 Review also identified general issues of concern in several countries, including: (1) barriers to the provision of satellite capacity; (2) barriers to the provision of Voice over Internet Protocol (VoIP) services; (3) limitations on access to and use of public telecommunications services (including leased lines); and (4) issues related to regulatory independence, transparency, and excessive market entry requirements.

In addition to the problems identified in this year’s 1377 Review, USTR also marked significant progress on issues identified in past years’ reviews in several key markets, including: (1) Australia, which completed the privatization of its dominant operator; and (2) India, which took steps to enhance foreign direct investment in its market and address problems related to competitive access to submarine cables as well as continued its efforts to phase out its access deficit charge.

BACKGROUND

USTR will continue its efforts to open markets and expand trade opportunities in telecommunications through a range of activities including: engaging bilaterally and multilaterally with trading partners to ensure they fully implement their existing commitments; negotiating and adopting strong disciplines to eliminate or prevent the emergence of trade distorting barriers; and where warranted, initiating dispute settlement action.

The Telecommunications Annex of the General Agreement on Trade in Services (GATS) establishes an obligation to ensure reasonable and non-discriminatory access to and use of the public telecommunications network. The Annex is often complemented by additional commitments by WTO Members in their GATS services schedules to adhere to the WTO Reference Paper, which establishes pro-competitive rules in the telecommunications sector to ensure, among other things, interconnection with dominant carriers at cost-oriented rates and the impartiality and transparency of regulatory processes. To bolster the obligations under the WTO commitments, USTR has negotiated strong telecommunications provisions in U.S. free trade agreements (FTAs). These FTA provisions are designed to further promote effective market access for U.S. telecommunications providers. To the extent that these agreements are in force, USTR will continue to use them to assist in opening markets to give U.S. companies the ability to supply new and innovative services abroad.

The full results of the 2007 Section 1377 Review, click here

CLAD STEEL PLATE FROM JAPAN

keeton — Tue, 20 Feb 2007 21:47:24 +0000

ITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING CLAD STEEL PLATE FROM JAPAN

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on clad steel plate from Japan 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 and the Department of Commerce’s recent affirmative finding, the existing order on imports of this product from Japan will remain in place.

Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Deanna Tanner Okun and Charlotte R. Lane voted in the affirmative. Commissioners Jennifer A. Hillman and Irving A. Williamson did not participate in this vote.

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 Clad Steel Plate from Japan (Inv. No. 731-TA-739 (Second Review)), USITC Publication 3907, March 2007) will contain the views of the Commission and information developed during the review.

Copies may be requested after March 22, 2007, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

——————————————————————————–

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 ITC 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 (ITC) 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 ITC’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 Clad Steel Plate from Japan was instituted on October 2, 2006.

On January 5, 2007, the Commission voted to conduct an expedited review. Vice Chairman Shara L. Aranoff and Commissioners Jennifer A. Hillman, Stephen Koplan, and Charlotte R. Lane concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

Information concerning the reasons for the Commission’s vote to conduct an expedited review was published in the Federal Register on January 19, 2007. That notice and a record of the Commission’s vote is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Clad Steel Plate – Japan (2nd Review)”).

In addition, 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.

PURE MAGNESIUM FROM CHINA

keeton — Tue, 20 Feb 2007 21:46:55 +0000

ITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING PURE MAGNESIUM FROM CHINA

As a result of the Commission’s affirmative determination and the Department of Commerce’s recent affirmative finding, the existing order on imports of this product from China will remain in place.

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 Pure Magnesium from China (Inv. No. 731-TA-895 (Review), USITC Publication 3908, March 2007) will contain the views of the Commission and information developed during the review.

——————————————————————————–

BACKGROUND

The five-year (sunset) review concerning Pure Magnesium from China was instituted on October 2, 2006.

On January 5, 2007, the Commission voted to conduct an expedited review. Vice Chairman Shara L. Aranoff and Commissioners Stephen Koplan and Charlotte R. Lane concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner Jennifer A. Hillman concluded that both the domestic and respondent group responses for this review were inadequate and voted for an expedited review. Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

Information concerning the reasons for the Commission’s vote to conduct an expedited review was published in the Federal Register on January 26, 2007. That notice and a record of the Commission’s vote is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Pure Magnesium (Granular) – China”).

ADDITIONAL PREFERENTIAL TREATMENT

keeton — Wed, 07 Feb 2007 01:37:46 +0000

ITC WILL CONTINUE TO ASSESS EFFECTS OF ADDITIONAL PREFERENTIAL TREATMENT FOR APPAREL FROM SUB-SAHARAN AFRICAN, CARIBBEAN, AND ANDEAN COUNTRIES; OUTLINES PROCEDURES FOR PUBLIC INPUT

The U.S. International Trade Commission (ITC) today announced that it will follow procedures used in 2006 to gather information from industry and public sources for its advice to the U.S. Trade Representative (USTR) in connection with the U.S. textile and apparel “commercial availability” provisions in the Africa Growth and Opportunity Act (AGOA), the U.S.-Caribbean Basin Trade Partnership Act (CBTPA), and the Andean Trade Promotion and Drug Eradication Act (ATPDEA).

The ITC, an independent, nonpartisan, factfinding federal agency, is launching a new “umbrella” investigation, as requested by the USTR. Under the new investigation, the ITC will conduct individual product-specific reviews on the probable economic effect of granting duty-free and quota-free treatment to certain apparel imports from eligible AGOA, CBTPA, and ATPDEA beneficiary countries.

The AGOA, CBTPA, and ATPDEA extend duty-free and quota-free treatment to imports of apparel made in eligible beneficiary countries from fabrics made in the United States of U.S. yarns. They also authorize the President, on request of an interested party, to grant preferential treatment to apparel made in eligible beneficiary countries from fabrics or yarns that “cannot be supplied by the domestic industry in commercial quantities in a timely manner,” regardless of the source of the fabrics or yarns. Before proclaiming such preferential treatment, the President is required to submit a report to the U.S. House of Representatives’ Committee on Ways and Means and the U.S. Senate’s Committee on Finance that sets forth the proposed action, the reasons for it, advice from the ITC on the probable economic effect of the action, and advice from the appropriate industry advisory committee.

The ITC’s advice will be provided on an ongoing basis during 2007 under Investigation No. 332-484, Commercial Availability of Apparel Inputs (2007): Effect of Providing Preferential Treatment to Apparel from Sub-Saharan African, Caribbean Basin, and Andean Countries. The ITC will submit its advice to USTR in a series of classified reports, with each report provided on or about the 42nd day after receipt of a commercial availability request. A public version of each report will be available shortly after the ITC submits its report to the USTR.

The ITC will continue to post a notification letter announcing the initiation of each review on its Internet site (www.usitc.gov). The notification letter will identify the articles under consideration, request public comment on the proposed preferential treatment to be proclaimed, and refer the public to a special area on the ITC Internet site (http://www.usitc.gov/ind_econ_ana/research_ana/pres_cong/332/short_supply/shortsupintro.htm) for information on the request. Each notification letter will also provide the name, telephone number, and Internet e-mail address of ITC staff who will be able to provide additional information.

In addition, the ITC has developed a list of interested parties or individuals who wish to be automatically notified via e-mail of any commercial availability reviews by the ITC. Interested parties may be added to this list by notifying Jackie W. Jones (202-205-3466, jackie.jones@usitc.gov) and Heidi Colby-Oizumi (202-205-3391, heidi.colby@usitc.gov.)

Further information on the requests under review in this investigation also may be obtained by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, or by calling 202-205-2000. In addition, the U.S. Department of Commerce’s Office of Textiles and Apparel (OTEXA) publishes a summary of each request from interested parties in the Federal Register. OTEXA also posts these notices on its Internet site at http://otexa.ita.doc.gov/CA.htm.

Because of time constraints, the ITC will not hold public hearings in connection with the investigation or any of the requests it receives. However, interested parties will be invited to submit written statements for the record for each requested review. The ITC is particularly interested in receiving input from the private sector on the likely effect of the proposed action on U.S. producers, workers, and consumers.

ITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the USTR, the Senate Committee on Finance, or the House Committee on Ways and Means. 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 factfinding reports. Upon completion of each investigation, the ITC submits its findings and analysis to the requester. General factfinding investigation reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

NEW TRADE BENEFITS FOR HAITI FOR TEXTILE AND APPAREL TRADE

keeton — Wed, 07 Feb 2007 01:37:09 +0000

ITC TO STUDY EFFECTS OF NEW TRADE BENEFITS FOR HAITI FOR TEXTILE AND APPAREL TRADE

The U.S. International Trade Commission (ITC or Commission) has instituted an investigation to study the effects of new trade benefits accorded to textile and apparel imports from Haiti under recently enacted legislation.

The investigation, Textiles and Apparel: Effects of Special Rules for Haiti on Trade Markets and Industries, is required by the Haitian Hemispheric Opportunity through Partnership Encouragement Act (HHOPE). HHOPE was enacted as part of the Tax Relief and Health Care Act of 2006, which was signed into law in December 2006.

The HHOPE legislation grants U.S. duty-free treatment to imports of qualifying textile and apparel from Haiti if the President determines that Haiti meets certain requirements set out in the statute. The new law also requires the ITC to report to the Congress on the effects of the law on the trade markets and industries involving textile and apparel in Haiti, the United States, beneficiary countries of the U.S.-Caribbean Basin Trade Preference Act, and countries with which the United States has free trade agreements.

The ITC will submit its report to the Congress by June 20, 2008.

The ITC will hold a public hearing in connection with the investigation at 9:30 a.m. on November 8, 2007. Requests to appear at the public hearing should be filed no later than 5:15 p.m. on October 23, 2007, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.

The ITC also welcomes written submissions for the record. Written submissions (original and 14 copies) 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 February 7, 2008. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions is available in the ITC’s notice of investigation, dated February 6, 2007, which may be obtained from the ITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.

LARGE DIAMETER LINE PIPE FROM JAPAN AND MEXICO

keeton — Mon, 05 Feb 2007 22:00:34 +0000

ITC WILL CONDUCT FULL “SUNSET” REVIEWS CONCERNING WELDED LARGE DIAMETER LINE PIPE FROM JAPAN AND MEXICO

The U.S. International Trade Commission (ITC or Commission) today voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on imports of welded large diameter line pipe from Japan and Mexico (Inv. Nos. 731-TA-919-920 (Review)).
As a result of today’s votes, the Commission will conduct full reviews to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The Commission’s notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent 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 ITC’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.

All six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews.

A record of the Commission’s votes on these matters 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.

The record of the Commission’s votes is also posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Welded Large Diameter Line Pipe – Japan (Review)” and “Welded Large Diameter Line Pipe – Mexico (Review)”).

The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.

WIRELESS CONFERENCE CALLING DEVICES

keeton — Sun, 04 Feb 2007 05:43:33 +0000

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN WIRELESS CONFERENCE CALLING DEVICES, COMPONENTS THEREOF, AND DEVICES CONTAINING THE SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain wireless conference calling devices, components thereof, and devices containing the same. The products at issue in this investigation are devices which enable multiple users of headsets to participate in a conference call placed through a cellular telephone.

The investigation is based on a complaint filed by Callpod, Inc., of Chicago, IL, on December 29, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain wireless conference calling devices, components thereof, and devices containing the same that infringe patents owned by Callpod. The complainant requests that the ITC issue a permanent limited exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

GN Netcom, Inc., of Nashua, NH;
GN Netcom A/S of Denmark; and
GN Netcom Store Nord A/S of Denmark.
By instituting this investigation (337-TA-591), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock 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.

CERTAIN COUPLER DEVICES FOR POWER SUPPLY FACILITIES

keeton — Tue, 16 Jan 2007 04:29:50 +0000

The U.S. International Trade Commission (ITC) has voted to institute an investigation of coupler devices for power supply facilities, components thereof, and products containing same. The products at issue in this investigation are couplers that connect a computer power supply to both new and older generation computer components having different connector pin configurations.

The investigation is based on a complaint filed by Topower Computer Industrial Co., Ltd., of Taiwan, on December 13, 2006. A letter supplementing the complaint was filed on January 9, 2007. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain coupler devices for power supply facilities, components thereof, and products containing same that infringe a patent owned by Topower. The complainant requests that the ITC issue a permanent general exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Xion/Axpertec Inc. of Walnut, CA;
Thermaltake Technology, Inc., USA of City of Industry, CA;
Thermaltake Technology Co., Ltd., Taiwan of Taiwan;
Aspire/Apevia Int’l Corp. of City of Industry, CA;
MGE Company, USA of City of Industry, CA;
Raidcom Technology Inc., Corporation of City of Industry, CA;
Codegen Technology Co., Ltd. of City of Industry, CA;
Leadman Electronic Co., Ltd. of City of Industry, CA;
Hipro Electronics Co., Ltd., of City of Industry, CA;
Cooler Master Inc., USA of Ontario, CA;
Cooler Master Co., Ltd., Taiwan of Taiwan;
Broadway Com Corp. of City of Industry, CA;
JPAC Computer, Inc. of City of Industry, CA;
Silent Power Electronics, GmbH of Germany;
Linkworld Electronics Corporation of Brea, CA;
Acbel Polytech Inc. of Morrisville, NC;
HEC Group, Compucase Enterprise, USA of City of Industry, CA;
HEC Group, Compucase Enterprise, Taiwan of Taiwan;
Atrix Inc. of El Monte, CA;
ASYS of City of Industry, CA;
Logisys Computer Inc. of Pomona, CA;
Best Buy Enterprise Services, Inc. of South Richfield, MN;
Sunbeam Company of City of Industry, CA;
Sirtec International Co., Ltd. of Orange, CA;
Enhance Electronics of Cerritos, CA;
Super Flower Computer Inc. of Taiwan;
Taiwan Youngyear Electonics Co., Ltd. of Taiwan;
Sun Pro Electronics Co., Ltd. of China;
Unitek Electronics Co., Ltd. of China; and
Shenzhen Chi Yuan Industrial Co., Ltd. of China.
By instituting this investigation (337-TA-590), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton 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.

DIRECTOR OF ITC’S OFFICE OF TARIFF AFFAIRS AND TRADE AGREEMENTS

keeton — Wed, 10 Jan 2007 02:05:56 +0000

Daniel R. Pearson, Chairman of the United States International Trade Commission (ITC), announced today that David B. Beck has been designated Director of the agency’s Office of Tariff Affairs and Trade Agreements (TATA).

Beck will oversee the maintenance and publication of the Harmonized Tariff Schedule of the United States (HTS). This effort includes the coordination of Commission reports on tariff legislation, the preparation of Presidential proclamations implementing free trade agreements, chairing the Committee for Statistical Annotation of the Tariff Schedules (the “484(f) Committee”) and representing the Commission in the U.S. delegation to various committees of the World Customs Organization in Brussels and of the World Trade Organization in Geneva.

Beck joined the Commission’s Office of Industries (Chemicals Division) in 1974 and transferred to TATA in 1981. From 1987 through 1990, he was Chief of the Nomenclature Division in TATA, where he supervised the compilation of the HTS commodity chapters. He served as Acting Deputy Director of the office from 1991 through 1993. From 1994 through 1998, he worked under contract as a Senior Technical Officer at the World Customs Organization in Brussels. After his return to the ITC in 1999, he served for four years as Chairman of the WCO’s HS Review Sub-Committee, and he is currently serving his third year as Chairman of the Harmonized System Committee. He has been Acting Director of TATA since January 2005.

Beck holds a Master of Business Administration degree from George Mason University and a bachelor of science degree in chemistry from the University of Nevada, Las Vegas. He and his wife currently reside in Vienna, Virginia.

The ITC is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement. ITC analysts and economists investigate and publish reports on U.S. industries and the global trends that affect them. The agency also maintains and publishes the Harmonized Tariff Schedule of the United States.

PURE MAGNESIUM FROM CHINA

keeton — Fri, 05 Jan 2007 20:17:46 +0000

The U.S. International Trade Commission (ITC or Commission) today voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on imports of pure magnesium from China (Inv. No. 731-TA-895 (Review)).

As a result of today’s vote, the Commission will conduct an expedited review to determine whether revocation of the order concerning this product would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determinations 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.

Vice Chairman Shara L. Aranoff, and Commissioners Stephen Koplan and Charlotte R. Lane concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner Jennifer A. Hillman concluded that both the domestic and respondent group responses for this review were inadequate and voted for an expedited review. Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

A record of the Commission’s vote on this matter 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.

The record of the Commission’s vote is also posted on the ITC’s Internet server at http://info.usitc.gov/oinv/sunset.NSF (under “Pure Magnesium (Granular) – China”).

The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed a timely notice of appearance are eligible to participate further in this review. The Commission will issue a report after it completes its review.

CLAD STEEL PLATE FROM JAPAN

keeton — Fri, 05 Jan 2007 20:14:09 +0000

The U.S. International Trade Commission (ITC or Commission) today voted to expedite its five-year (“sunset”) review concerning the antidumping duty order on imports of clad steel plate from Japan (Inv. No. 731-TA-739 (Second Review)).

Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Charlotte R. Lane concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

The record of the Commission’s vote is also posted on the ITC’s Internet server at http://info.usitc.gov/oinv/sunset.NSF (under “Clad Steel Plate – Japan (2nd Review)”).

AESPcLink Version 6.7 Is Now Available

keeton — Sat, 23 Dec 2006 17:56:36 +0000

AESPcLink Version 6.7 Is Now Available

**********************************************************************

Effective December 22, 2006 an upgrade version of AESPcLink,
Version 6.7, is available to be downloaded.

AESPcLink Version 6.7 contains the following new features:

Proper Validation of License Types

Version 6.7 will further validate the Export Control Classification
Number (ECCN) and the License Number. Previously, the ECCNs were
primarily validated for their format while License Numbers were
validated based on whether they were required, not required or
conditional. Recent additions have required the expansion of the
AESPcLink validations to include specific values in these fields.

The update affects the following License Types:

C53
C54
C55
C56

Alphanumeric Suffix in USPPI Profile

Version 6.7 allows users to enter alphanumeric characters in the
Suffix field of the USPPI ID Number. Previously, when entering an
11 character USPPI ID Number, AESPcLink validations would not allow
for alphanumeric characters in the Suffix field.

To update your AESPcLink software to the latest 6.7 Version, please
go to the the “Tools” Menu in AESPcLink and select
“Update AESPcLink Software” and follow the instructions provided.

Once the latest 6.7 Version is downloaded, please update your
AES Code Tables – Other (License, Export, Unit Codes) from the
“Tools” Menu in AESPcLink in order to fully utilize these new
features.

For further information or questions, contact the U.S. Census Bureau’s
AES Branch at 1-800-549-0595, menu option 1 or at askaes@census.gov.

COATED FREE SHEET PAPER FROM CHINA, INDONESIA, AND KOREA

keeton — Fri, 15 Dec 2006 20:30:24 +0000

ITC VOTES TO CONTINUE CASES ON COATED FREE SHEET PAPER FROM CHINA, INDONESIA, AND KOREA

The United States International Trade Commission (ITC) today determined that there is a reasonable indication that a U.S. industry is materially injured or threatened with material injury by reason of imports of coated free sheet paper from China, Indonesia, and Korea that are allegedly subsidized and sold in the United States at less than fair value.
Vice Chairman Shara L. Aranoff and Commissioners Stephen Koplan, Deanna Tanner Okun, and Charlotte R. Lane voted in the affirmative. Chairman Daniel R. Pearson voted in the negative. Commissioner Jennifer A. Hillman did not participate in these investigations.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations of imports of coated free sheet paper from China, Indonesia, and Korea, with its preliminary countervailing duty determinations due on or about January 24, 2007, and its preliminary antidumping determinations due on or about April 9, 2007.

The Commission’s public report Coated Free Sheet Paper from China, Indonesia, and Korea (Investigation Nos. 701-TA-444-446 and 731-TA-1107-1109 (Preliminary), USITC Publication 3900, December 2006) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after January 10, 2007, by calling 202-205-2000 or from the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

——————————————————————————–

FACTUAL HIGHLIGHTS
Coated Free Sheet Paper from China, Indonesia, and Korea
Investigations Nos. 701-TA-444-446 and 731-TA-1105-1107 (Preliminary)
Product Description: For purposes of these investigations, the product covered is coated free sheet paper, which is primarily used by commercial printers, publishers, and label manufacturers for printed items such as catalogues, books, magazines, and labels. The merchandise subject to these investigations is provided for in subheadings 4810.13.1900; 4810.13.2010; 4810.13.2090; 4810.13.5000; 4810.13.7040; 4810.14.1900; 4810.14.2010; 4810.14.2090; 4810.14.5000; 4810.14.7040; 4810.19.1900; 4810.19.2010; and 4810.19.2090 of the Harmonized Tariff Schedule of the United States.

Status of Proceedings:
1. Types of investigations: Preliminary antidumping and countervailing duty.
2. Petitioner: New Page Corp., Dayton, OH.
3. Investigations instituted by USITC: October 31, 2006.
4. Conference: November 21, 2006.
5. USITC vote: December 15, 2006.
6. USITC notification of Department of Commerce: December 15, 2006.

U.S. Industry:
1. Number of U.S. firms in 2006: Ten.
2. Production during 2005 (tons): 4,597,794.
3. Employment of production and related workers: 7,464.
4. U.S. producers’ shipments during 2005: 4,553,569 tons.
5. U.S. apparent consumption during 2005: 1/
6. Ratio of quantity of total imports to U.S. apparent consumption
during 2005: 1/

U.S. Imports:
1. Quantity of subject imports during 2005: 1/
2. Value of subject imports during: 1/

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS

keeton — Thu, 14 Dec 2006 22:27:17 +0000

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CERTAIN CARBON STEEL PRODUCTS FROM AUSTRALIA, BELGIUM, BRAZIL, CANADA, FINLAND, FRANCE, GERMANY, JAPAN, KOREA, MEXICO, POLAND, ROMANIA, SPAIN, SWEDEN, TAIWAN, AND THE UNITED KINGDOM

The U.S. International Trade Commission (ITC) today announced its determinations in its five-year (sunset) reviews concerning the countervailing duty and antidumping duty orders on certain carbon steel products from Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom.

With respect to cut-to-length plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom, all six Commissioners made negative determinations.

With respect to corrosion-resistant carbon steel flat products from Germany and Korea, all six Commissioners made affirmative determinations. With respect to corrosion-resistant carbon steel flat products from Australia, Canada, France, and Japan, Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman and Deanna Tanner Okun made negative determinations; Commissioners Stephen Koplan and Charlotte R. Lane made affirmative determinations.

As a result of the Commission’s affirmative determinations and the Department of Commerce’s recent affirmative findings, the existing orders on imports of corrosion-resistant carbon steel flat products from Germany and Korea will remain in place.

As a result of the Commission’s negative determinations, the existing orders on imports of cut-to-length plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom and the orders on corrosion-resistant carbon steel flat products from Australia, Canada, France, and Japan will be revoked.

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 Certain Carbon Steel Products from Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom (Inv. Nos. AA1921-197; 701-TA-319, 320, 325-327, 348, and 350; and 731- TA-573, 574, 576, 578, 582-587, 612, and 614-618 (Second Review)), USITC Publication 3899, January 2007) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after February 7, 2007, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

——————————————————————————–

BACKGROUND

The five-year (sunset) reviews concerning Certain Carbon Steel Products from Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom were instituted effective November 1, 2005.

On February 6, 2006, the Commission voted to conduct full reviews. With respect to corrosion-resistant carbon steel flat products from Australia, Canada, France, Germany, Japan, and Korea, and cut-to-length carbon steel plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, and the United Kingdom, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to carbon steel plate from Taiwan and cut-to-length carbon steel plate from Romania, Spain, and Sweden, all six Commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

Information concerning the reasons for the Commission’s vote to conduct full reviews was published in the Federal Register on February 21, 2006. That notice and a record of the Commission’s votes is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Carbon Steel Plate-Taiwan (2nd Review),” “Cut-to-length Carbon Steel Plate – Belgium (CVD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Belgium (AD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Brazil (CVD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Brazil (AD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Mexico (CVD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Mexico (AD) (2nd Review),” Cut-to-length Carbon Steel Plate – Spain (CVD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Spain (AD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Sweden (CVD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Sweden (AD) (2nd Review),” “Cut-to-length Carbon Steel Plate – United Kingdom (CVD) (2nd Review),” “Cut-to-length Carbon Steel Plate – United Kingdom (AD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Finland (2nd Review),” “Cut-to-length Carbon Steel Plate – Germany (AD) (2nd Review),” “Cut-to-length Carbon Steel Plate – Poland (2nd Review),” “Cut-to-length Carbon Steel Plate – Romania (2nd Review),” “Corrosion-resistant Carbon Steel Flat Products – France (CVD) (2nd Review),” “Corrosion-resistant Carbon Steel Flat Products – France (AD) (2nd Review),” “Corrosion-resistant Carbon Steel Flat Products – Korea (CVD) (2nd Review),” “Corrosion-resistant Carbon Steel Flat Products – Korea (AD) (2nd Review),” “Corrosion-resistant Carbon Steel Flat Products – Australia (2nd Review),” “Corrosion-resistant Carbon Steel Flat Products – Canada (2nd Review),” “Corrosion-resistant Carbon Steel Flat Products – Germany (AD) (2nd Review),” “Corrosion-resistant Carbon Steel Flat Products – Japan (2nd Review)”).

In addition, a record of the Commission’s votes to conduct full 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.

——————————————————————————–

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS

Certain Carbon Steel Products from Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom
Investigation Nos. AA1921-197 (Second Review); 701-TA-319, 320, 325-327, 348, and 350 (Second Review); and 731-TA-573, 574, 576, 578, 582-587, 612, and 614-618 (Second Review)

Cut-to-Length Plate

Product Description:

Hot-rolled carbon steel universal mill plates (i.e., flat-rolled products rolled on four faces or in a carbon steel cut-to-length plate (“cut-to-length plate”) closed box pass, of a width exceeding 150 millimeters but not exceeding 1,250 millimeters and of a thickness of not less than 4 millimeters, not in coils and without patterns in relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances. Certain hot-rolled carbon steel flat-rolled products in straight lengths, of rectangular shape, hot rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 millimeters or more in thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness. Included in these orders are flat-rolled products of non-rectangular cross-section where such cross-section is achieved subsequent to the rolling process (i.e., products which have been “worked after rolling”)–for example, products which have been beveled or rounded at the edges. Additionally, as a result of a scope ruling, profile slabs have been determined to be within the scope of the order. The merchandise subject to these reviews is provided for in statistical reporting numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000 of the Harmonized Tariff Schedule of the United States (HTS).

Status of Proceedings:
1. Type of proceeding: Second Review.
2. Notice of initiation by USITC: November 1, 2005 (effective date).
3. Hearing: October 19, 2006.
4. USITC vote: December 14, 2006.
5. USITC notification of Department of Commerce: January 17, 2007 (expected).

U.S. Industry Producing Cut-to-Length Carbon Steel Plate:
1. Number of U.S. producers in 2005: 23.
2. U.S. production of cut-to-length plate in 2005: 7,119,199 short tons.
3. Employment of production and related workers in 2005: 3,928.
4. U.S. producers’ U.S. shipments in 2005: 6,618,088 short tons.
5. Apparent U.S. consumption in 2005: 7,281,971 short tons.
6. Ratio of quantity of subject imports to apparent U.S. consumption in 2005: 0.9 percent.

U.S. Imports:
1. Quantity of subject imports in 2005: 65,439 short tons.
2. Value of subject imports in 2005: $45 million.

Corrosion-Resistant Steel

Product Description:

The products covered by this investigation are flat-rolled carbon steel products, of rectangular shape, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating, in coils (whether or not in successively superimposed layers) and of a width of 0.5 inch or greater, or in straight lengths which, if of a thickness less than 4.75 millimeters, are of a width of 0.5 inch or greater and which measures at least 10 times the thickness or if of a thickness of 4.75 millimeters or more are of a width which exceeds 150 millimeters and measures at least twice the thickness. Included in these orders are flat-rolled products of nonrectangular cross-section where such cross-section is achieved subsequent to the rolling process (i.e., products which have been “worked after rolling”)–for example, products which have been beveled or rounded at the edges. The merchandise subject to these reviews is provided for in statistical reporting numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090 of the Harmonized Tariff Schedule of the United States (HTS).

Status of Proceedings:
1. Type of proceeding: Second Review.
2. Notice of initiation by USITC: November 1, 2005 (effective date).
3. Hearing: October 17, 2006.
4. USITC vote: December 14, 2006.
5. USITC notification of Department of Commerce: January 17, 2007 (expected).

U.S. Industry Producing Corrosion-Resistant Carbon Steel:
1. Number of U.S. producers in 2005: 28.
2. U.S. production of corrosion-resistant steel in 2005: 20,889,145 short tons.
3. Employment of production and related workers in 2005: 13,348.
4. U.S. producers’ U.S. shipments in 2005: 20,065,663 short tons.
5. Apparent U.S. consumption in 2005: 22,686,343 short tons.
6. Ratio of quantity of subject imports to apparent U.S. consumption in 2005: 4.3 percent.

U.S. Imports:
1. Quantity of subject imports in 2005: 972,681 short tons.
2. Value of subject imports in 2005: $753 million.

FOUNDRY COKE FROM CHINA

keeton — Tue, 12 Dec 2006 19:05:37 +0000

ITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING FOUNDRY COKE FROM CHINA

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on foundry coke from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

All six Commissioners 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 Foundry Coke from China (Inv. No. 731-TA-891 (Review), USITC Publication 3897, December 2006) will contain the views of the Commission and information developed during the review.

Copies may be requested after January 10, 2007, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

——————————————————————————–

BACKGROUND

The five-year (sunset) reviews concerning Foundry Coke from China was instituted on August 1, 2006.

On November 6, 2006, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

Information concerning the reasons for the Commission’s vote to conduct an expedited review was published in the Federal Register in November 2006. That notice and a record of the Commission’s votes is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Foundry Coke – China “).

INVESTIGATION ON CERTAIN SWITCHES

keeton — Sat, 09 Dec 2006 23:37:13 +0000

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN SWITCHES AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain switches and products containing same. The products at issue in this investigation are computer peripheral switches that allow a user to operate multiple computers from a single computer console.

The investigation is based on a complaint filed by ATEN International Co., Ltd. of Taiwan and ATEN Technology, Inc., of Irvine, CA, on November 6, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain switches and products containing same that infringe a patent owned by ATEN. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Belkin Corporation of Compton, CA;
Belkin Logistics, Inc., of Compton, CA;
Emine Technology Co., Ltd., of Taiwan;
JustCom Tech, Inc., of San Jose, CA;
RATOC Systems, Inc., of Japan; and
RATOC Systems International, Inc., of Santa Clara, CA.
By instituting this investigation (337-TA-589), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.

STAINLESS STEEL BAR FROM BRAZIL, INDIA, JAPAN, AND SPAIN

keeton — Sat, 09 Dec 2006 23:36:46 +0000

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING STAINLESS STEEL BAR FROM BRAZIL, INDIA, JAPAN, AND SPAIN

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain 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 and the Department of Commerce’s recent affirmative findings, the existing orders on imports of this product from Brazil, India, Japan, and Spain will remain in place.

With respect to India and Japan, all six Commissioners voted in the affirmative. With respect to Brazil and Spain, Vice Chairman Shara L. Aranoff and Commissioners Jennifer A. Hillman, Stephen Koplan, Charlotte R. Lane voted in the affirmative; Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun voted in the negative.

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 Stainless Steel Bar from Brazil, India, Japan, and Spain (Inv. Nos. 731-TA-678, 679, 681, and 682 (Second Review)), USITC Publication 3895, December 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after January 5, 2006, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

RULES OF ORIGIN CHANGES UNDER THE U.S.-SINGAPORE FTA

keeton — Thu, 30 Nov 2006 22:52:07 +0000

ITC SEEKS INPUT FOR INVESTIGATIONS ON THE PROBABLE ECONOMIC EFFECT OF TARIFF AND RULES OF ORIGIN CHANGES UNDER THE U.S.-SINGAPORE FTA
The U.S. International Trade Commission (ITC) has launched investigations concerning the probable economic effect of accelerating the reduction or elimination of certain U.S. duties under the U.S.-Singapore Free Trade Agreement (USSFTA) as well as a rules of origin change for certain articles.

The investigations, U.S.-Singapore FTA: Probable Economic Effect of Accelerated Tariff Elimination and Modification of Rules of Origin, were requested by the U.S. Trade Representative (USTR) in a letter received on October 27, 2006.

According to the request letter, the United States and Singapore have agreed to enter into consultations to consider accelerating the reduction or elimination of tariffs (including an increase in the quota level of certain tariff rate quotas) and a rules of origin change for certain articles. Sections of the USSFTA authorize such accelerations, and the President is authorized to proclaim modifications in duty treament and rules of origin changes subject to certain requirements, including that the President obtain advice regarding the proposed action from the ITC.

As requested, the ITC, an independent, nonpartisan, factfinding federal agency, will provide advice, with respect to specified articles, on the probable effect of accelerating the reduction or elimination of the U.S. tariff under the USSFTA on domestic industries producing like or competitive articles and on consumers of the affected goods. The articles include preparations for infant use, put up for retail sale (HS 1901.10); peanuts in snack products (HS 2008.11); and polycarbonates (HS 3907.40.00). The ITC’s advice will be based on 2006 HTS nomenclature and 2005 trade data.

In addition, the ITC will provide advice on the probable effect of modifying the USSFTA rules of origin for photocopiers (HS 9009.12.00) on U.S. trade under the USSFTA, on total U.S. trade, and on domestic industries.

The ITC expects to submit its confidential advice to the USTR by February 5, 2007.

The ITC will not hold a hearing in connection with this investigation, but it welcomes written submissions for the record from all interested parties and requests that the information focus on the articles for which the ITC is requested to provide information and advice. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, and should be submitted at the earliest practical date but no later than 5:15 p.m. on December 21, 2006.

BIOTECHNOLOGY PROCESSES AND PRODUCTS

keeton — Tue, 28 Nov 2006 17:01:56 +0000

ITC TO INVESTIGATE COMPETITIVE CONDITIONS FACING U.S. CHEMICAL AND BIOFUEL INDUSTRIES THAT DEVELOP AND ADOPT NEW BIOTECHNOLOGY PROCESSES AND PRODUCTS

The U.S. International Trade Commission (ITC or Commission) has launched an investigation into the competitive conditions affecting U.S. chemical and biofuels industries that are developing and adopting new biotechnology processes and products.

The investigation, Industrial Biotechnology: Development and Adoption by the U.S. Chemical and Biofuel Industries, was requested by the Committee on Finance, U.S. Senate, in a letter received on November 2, 2006.

In its request letter, the Committee noted that while numerous entities in the United States consider the application of industrial biotechnology key to improving process efficiency and developing new products, the current impact of industrial biotechnology on the U.S. economy is not well understood.

As requested, the ITC, an independent, nonpartisan, factfinding federal agency, will focus, to the extent practicable, on firms in the U.S. chemical industry that are developing bio-based products (such as fibers and plastics) and renewable chemical platforms, as well as U.S. producers of liquid biofuels.

The Commission will explore government policies related to product development in these industries for the United States and key competitor countries; analyze the business activities in these industries; examine factors affecting the development of bio-based products by the U.S. chemical industry; determine how the adoption of industrial biotechnology processing and products impacts the productivity and competitiveness of firms in these industries; and assess how existing U.S. government programs may affect the production and utilization of agricultural feedstocks for liquid biofuels as well as bio-based products and renewable chemical platforms being developed by the U.S. chemical industry.

The ITC will submit its report to the Committee by July 2, 2008.

The ITC will hold a public hearing in connection with the investigation at 9:30 a.m. on April 24, 2007. Requests to appear at the public hearing should be filed with the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436, and must be received no later than 5:15 p.m. on April 3, 2007.

The ITC also welcomes written submissions for the record. Written submissions (one original and 14 copies) should be addressed to the Secretary, U.S. International Trade Commission, at the above address and should be filed at the earliest practical date, but no later than 5:15 p.m. on May 2, 2007. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions is available in the ITC’s notice of investigation, dated November 28, 2006, which may be obtained from the ITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.

ITC ISSUES TOMATO AND PEPPER MONITORING REPORTS

keeton — Mon, 20 Nov 2006 21:43:03 +0000

ITC ISSUES TOMATO AND PEPPER MONITORING REPORTS

The U.S. International Trade Commission (ITC) has issued reports on data it has compiled concerning imports of certain tomatoes and peppers.

The ITC, an independent, nonpartisan, factfinding federal agency, is required by the North American Free Trade Agreement (NAFTA) Implementation Act to monitor imports of “fresh or chilled tomatoes” and “fresh or chilled peppers, other than chili peppers,” until January 1, 2009. The monitoring is intended to enable the ITC to conduct an expedited investigation concerning provisional import relief should a petition for such relief be filed under section 202 of the Trade Act of 1974 with respect to imports from all countries, or a petition requesting such relief be filed under section 302 of the NAFTA Implementation Act with respect to imports from Canada or Mexico. The reports, which cover tomatoes and peppers for fresh-market use and for processing, include current conditions in the U.S. industry in such areas as production, imports, exports, and prices.

Monitoring of U.S. Imports of Tomatoes (Investigation No. 332-350, USITC Publication 3893, November 2006) and Monitoring of U.S. Imports of Peppers (Investigation No. 332-351, USITC Publication 3894, November 2006) are now electronic publications and can be accessed on the ITC’s Internet site at www.usitc.gov.

ITC general factfinding investigations, such as these, cover matters related to tariffs or trade. The investigations are generally conducted at the request of the U.S. Trade Representative, the Senate Committee on Finance, or the House Committee on Ways and Means. 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 factfinding reports. Upon completion of each investigation, the ITC 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.

HIGH-PERFORMANCE OUTERWEAR AND TRAVEL GOODS

keeton — Fri, 17 Nov 2006 17:20:14 +0000

ITC TO INVESTIGATE THE U.S. INDUSTRY PRODUCING HIGH-PERFORMANCE OUTERWEAR AND TRAVEL GOODS MADE FROM TEXTILES

The U.S. International Trade Commission (ITC) has launched two investigations into the level of U.S. production and shipments of certain high-performance outerwear and travel goods.

The investigations, Certain Textile Articles: Performance Outerwear and Certain Textile Articles: Travel Goods of Textile Materials, were requested by the Ways and Means Committee, U.S. House of Representatives, in a letter received on October 25, 2006.

As requested, the ITC will prepare two separate reports. The first report, covering certain high-performance outerwear pants and jackets and the fabrics used to make them, will be submitted to the Committee by July 25, 2007. The second report, covering travel goods with an outer surface of textile materials and the textile materials used to make them, will be submitted by October 25, 2007. The ITC will define the products that it is covering in each report and will provide, to the extent possible, data for 2005 and 2006 on U.S. production and shipments of these items.

The ITC will not hold a public hearing in connection with these investigations. However, the ITC seeks written input from all interested parties. Written submissions (one original and 14 copies) should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Submissions related to high-performance outerwear jackets and pants and the fabrics used to make them should be submitted at the earliest practical date but no later than 5:15 p.m. on April 30, 2007. Submissions related to travel goods with an outer surface of textile materials and the textile materials used to make them should be submitted no later than 5:15 p.m. on June 30, 2007. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigations is available in the ITC’s notices of investigation, dated November 16, 2006, which can be downloaded from the ITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or at 202-205-2000.

ITC general factfinding investigations, such as these, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the Senate Committee on Finance, or the House Committee on Ways and Means. The resulting reports convey the ITC’s objective findings and independent analyses on the subject investigated. The ITC makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the ITC submits its finding 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.

FOUNDRY COKE FROM CHINA

keeton — Tue, 07 Nov 2006 02:47:32 +0000

ITC WILL CONDUCT EXPEDITED “SUNSET” REVIEW CONCERNING FOUNDRY COKE FROM CHINA

The U.S. International Trade Commission (ITC or Commission) today voted to expedite its five- year (“sunset”) review concerning the antidumping duty order on imports of foundry coke from China (Inv. No. 731-TA-891 (Review)).

All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.

The record of the Commission’s vote is also posted on the ITC’s Internet server at http://info.usitc.gov/oinv/sunset.NSF (under “Foundry Coke – China”).

DIGITAL MULTIMETERS AND PRODUCTS WITH MULTIMETER FUNCTIONALITY

keeton — Tue, 07 Nov 2006 02:46:21 +0000

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DIGITAL MULTIMETERS AND PRODUCTS WITH MULTIMETER FUNCTIONALITY

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain digital multimeters, and products with multimeter functionality. The products at issue in this investigation are small, handheld devices that measure and display electrical parameters such as voltage and resistance.

The investigation is based on a complaint filed by Fluke Corporation of Everett, WA, on October 6, 2006, and supplemented by letters filed on October 27 and October 30, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital multimeters, and products with multimeter functionality, that infringe a registered trademark owned by Fluke or Fluke’s asserted trade dress. The complainant requests that the ITC issue a permanent general exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Altadox, Inc. of Arcadia, CA;
Circuit Specialists, Inc. of Mesa, AZ;
Digitek Instruments Co., Ltd. of Hong Kong;
Electronic Specialties, Inc. of Spring Grove, IL;
Electronix Express of Avenel, NJ;
Elenco Electronics, Inc. of Wheeling, IL;
HandsOnTools of Fort Collins, CO;
Harbor Freight Tools of Camarillo, CA;
Jameco Electronics of Belmont, CA;
Kaito Electronics, Inc. of Montclair, CA;
Parts Express of Springboro, OH;
Precision Mastech Enterprises Co. of Hong Kong;
Shenzhen Everbest Machinery Industry Co., Ltd. of China;
ShenZhen Hongda Electronic Co., Ltd. of China;
Shenzhen Victor Hi-Tech Co., Ltd. of China;
Sinometer Instruments Co. Ltd. of China;
TechBuys, LLC of La Verne, CA; and
Velleman Inc. of Fort Worth, TX.
By instituting this investigation (337-TA-588), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock 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.

ROLLED CARBON STEEL FLAT PRODUCTS

keeton — Tue, 07 Nov 2006 02:45:58 +0000

ITC WILL CONDUCT FULL “SUNSET” REVIEWS CONCERNING HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM ARGENTINA, CHINA, INDIA, INDONESIA, KAZAKHSTAN, THE NETHERLANDS, ROMANIA, SOUTH AFRICA, TAIWAN, THAILAND, AND UKRAINE

The U.S. International Trade Commission (ITC or Commission) today voted to conduct full five-year (“sunset”) reviews concerning the countervailing duty and antidumping duty orders on imports of hot-rolled carbon steel flat products from Argentina, China, India, Indonesia, Kazakhstan, the Netherlands, Romania, South Africa, Taiwan, Thailand, and Ukraine (Inv. Nos. 701-TA-404-408 and 731-TA-898-908 (Review)).

As a result of today’s votes, the Commission will conduct full reviews to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

With respect to Argentina, the Netherlands, South Africa, and Thailand, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews. With respect to India, Indonesia, Kazakhstan, Romania, Taiwan, and Ukraine, all six Commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. With respect to China, Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman, Deanna Tanner Okun, and Charlotte R. Lane concluded that the both the domestic group response and the respondent group response were adequate and voted for a full review; Commissioner Stephen Koplan concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

The record of the Commission’s votes is also posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Hot-Rolled Carbon Steel Flat Products – Argentina (AD),” “Hot-Rolled Carbon Steel Flat Products – Argentina (CVD),” “Hot-Rolled Carbon Steel Flat Products – China,” “Hot-Rolled Carbon Steel Flat Products – India (AD),” “Hot-Rolled Carbon Steel Flat Products – India (CVD),” “Hot-Rolled Carbon Steel Flat Products – Indonesia (AD),” “Hot- Rolled Carbon Steel Flat Products – Indonesia (CVD),” “Hot-Rolled Carbon Steel Flat Products – Kazakhstan,” “Hot-Rolled Carbon Steel Flat Products – Netherlands,” “Hot-Rolled Carbon Steel Flat Products – Romania,” “Hot-Rolled Carbon Steel Flat Products – South Africa (AD),” “Hot- Rolled Carbon Steel Flat Products – South Africa (CVD),” “Hot-Rolled Carbon Steel Flat Products – Taiwan,” “Hot-Rolled Carbon Steel Flat Products – Thailand (AD),” “Hot-Rolled Carbon Steel Flat Products – Thailand (CVD),” and “Hot-Rolled Carbon Steel Flat Products – Ukraine”).

STEEL CONCRETE REINFORCING BAR

keeton — Tue, 07 Nov 2006 02:45:35 +0000

ITC WILL CONDUCT FULL “SUNSET” REVIEWS CONCERNING STEEL CONCRETE REINFORCING BAR FROM BELARUS, CHINA, INDONESIA, KOREA, LATVIA, MOLDOVA, POLAND, AND UKRAINE

The U.S. International Trade Commission (ITC or Commission) today voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on imports of steel concrete reinforcing bar from Belarus, China, Indonesia, Korea, Latvia, Moldova, Poland, and Ukraine (Inv. Nos. 731- TA-873-875, 877-880, and 882 (Review)).

With respect to Belarus, Latvia, Moldova, and Ukraine, all six Commissioners concluded that the domestic group response was inadequate and the respondent group response was adequate, but that circumstances warranted full reviews. With respect to China, Indonesia, Korea, and Poland, all six Commissioners concluded that both the domestic and the respondent group responses were inadequate, but that circumstances warranted full reviews.

The record of the Commission’s votes is also posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Steel Concrete Reinforcing Bar – Belarus,” “Steel Concrete Reinforcing Bar – China,” “Steel Concrete Reinforcing Bar – Indonesia,” “Steel Concrete Reinforcing Bar – Korea,” “Steel Concrete Reinforcing Bar – Latvia,” “Steel Concrete Reinforcing Bar – Moldova,” “Steel Concrete Reinforcing Bar – Poland,” and “Steel Concrete Reinforcing Bar – Ukraine”).

AMMONIUM NITRATE FROM UKRAINE

keeton — Tue, 07 Nov 2006 02:45:07 +0000

ITC WILL CONDUCT FULL “SUNSET” REVIEWS CONCERNING AMMONIUM NITRATE FROM UKRAINE

The U.S. International Trade Commission (ITC or Commission) today voted to conduct a full five- year (“sunset”) review concerning the antidumping duty order on imports of ammonium nitrate from Ukraine (Inv. No. 731-TA-894 (Review)).

As a result of today’s votes, the Commission will conduct a full review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

All six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.

The record of the Commission’s vote is also posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Ammonium Nitrate – Ukraine”).

LEMON JUICE FROM ARGENTINA AND MEXICO

keeton — Fri, 03 Nov 2006 19:20:27 +0000

ITC VOTES TO CONTINUE CASES ON LEMON JUICE FROM ARGENTINA AND MEXICO

All six Commissioners voted in the affirmative.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue to conduct its antidumping investigations of imports of lemon juice from Argentina and Mexico, with its preliminary determinations due on or about February 28, 2007.

The Commission’s public report Lemon Juice from Argentina and Mexico (Investigation Nos. 731-TA-1105-1106 (Preliminary), USITC Publication 3891, November 2006) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after December 5, 2006, by calling 202-205-2000 or from the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

——————————————————————————–

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS

Lemon Juice from Argentina and Mexico
Investigation Nos. 731-TA-1105-1106 (Preliminary)

Product Description: For purposes of this investigation, the product covered is lemon juice. Lemon juice is produced from the juice of fresh lemons, Citrus Limon. Lemon juice has a particularly high acid content when compared to juice of other citrus species, typically above 4.5 percent by weight, and is not typically consumed alone at full strength, unlike orange juice. Lemon juice is used as an ingredient in beverages, particularly lemonade and soft drinks, and other foods, such as salad dressings, sauces, and baked goods. Lemon juice is sold to be used as an ingredient by food and beverage processing companies as well as producers of non-food products, such as household cleaners. Lemon juice is also sold at retail grocers to be used as an ingredient in home food preparation. The merchandise subject to this investigation is provided for in subheadings 2009.31.4000, 2009.31.6020, 2009.31.6040, 2009.39.6020, and 2009.39.6040 of the Harmonized Tariff Schedule of the United States.

Status of Proceedings:
1. Type of investigation: Preliminary antidumping.
2. Petitioner: Sunkist Growers, Inc., Sherman Oaks, CA.
3. Investigations instituted by USITC: September 21, 2006.
4. Conference: October 13, 2006.
5. USITC vote: November 3, 2006.
6. USITC notification of Department of Commerce: November 6, 2006.

U.S. Industry:
1. Number of U.S. firms in 2006: Seven.
2. Production during January-August 2006: (1)
3. Employment of production and related workers: (1)
4. U.S. producers’ U.S. shipments during January-August
2006: (1)
5. U.S. apparent consumption during January-August 2006: (1)
6. Ratio of quantity of total imports to U.S. apparent
consumption during January-August 2006: (1)

U.S. Imports:
1. Quantity of subject imports during January-August 2006: 1,515,000 gallons.
2. Value of subject imports during January-August 2006: $11,777,000.
_________________________

(1) Withheld to avoid disclosure of business proprietary information.

ITC LAUNCHES FIRST OF THREE INVESTIGATIONS ON U.S. TRADE WITH CHINA

keeton — Fri, 03 Nov 2006 01:17:15 +0000

ITC LAUNCHES FIRST OF THREE INVESTIGATIONS ON U.S. TRADE WITH CHINA

The U.S. International Trade Commission (ITC or Commission) today announced that it has launched the first of three investigations that collectively will provide an in-depth assessment of the U.S.-China trade and investment relationship and the U.S.-Asia-Pacific trade and investment relationship.

The three investigations were requested by the Committee on Ways and Means, U.S. House of Representatives, in a letter received on October 2, 2006. In requesting the investigations, the Committee noted that there has been extensive debate about the causes of the recent growth in U.S.-China trade, particularly exports from China, and the extent to which this growth is driven by market forces or by Chinese domestic policies.

The ITC, an independent, nonpartisan, factfinding federal agency, will produce three reports for the Committee over the next 24 months. As requested, each report will focus on specific aspects of the U.S.-China trade relationship, including trends and patterns in trade and foreign direct investment (FDI) between the United States and Asian and Pacific trading partners (first report), the driving factors behind the rapid growth in U.S.-China trade (second report), and China’s integration with the global economy through processing trade and foreign direct investment (third report).

The ITC will deliver its first report in the series to the Committee by October 2, 2007. The agency will launch the second investigation in April 2007 and the third investigation in October 2007; details regarding those investigations will be announced at the time they are initiated.

The ITC’s first investigation, U.S.-Asia-Pacific Trade and Investment Trends and Implications for the U.S.-China Trade Relationship, will analyze the linkages between trade and investment among Asia-Pacific countries and the United States. It will take a broad analytical approach to understanding U.S.-China trade in the context of evolving trade and investment trends in the Asia-Pacific region and the factors that have contributed to these trends.

The report will include a discussion of the main factors influencing these trends, an in-depth examination of the industries that have had a major effect on trade and investment patterns in recent years and, if required, formal quantitative analyses that help to explain these trends as well as an assessment of the reliability of the data used in each analysis. The study will review the relationship between international trade and FDI, the trade and investment policies in the major countries of the region, and the effect of those policies on economic activity both on a global scale and within the Asian and Pacific region.

The ITC will hold a public hearing in connection with the investigation at 9:30 a.m. on March 8, 2007. Requests to appear at the public hearing should be filed with the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436, and must be received no later than 5:15 p.m. on February 22, 2007.

The ITC also welcomes written submissions for the record. Written submissions (one original and 14 copies) should be addressed to the Secretary, U.S. International Trade Commission, at the above address and should be filed at the earliest practical date, but no later than 5:15 p.m. on March 22, 2007. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions is available in the ITC’s notice of investigation, dated November 2, 2006, which may be obtained from the ITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at 202-205-2000.

Schedule B Units of Measure Updates for October 2006.

keeton — Fri, 03 Nov 2006 01:16:47 +0000

AES Broadcast 11/02/2006 Broadcast # 2006044

**********************************************************************

Schedule B Units of Measure Updates for October 2006.
No Changes Made to the HTS.

**********************************************************************

Several units of measure have been updated in the Schedule B.

The updated 2006 AES Export Concordance is available at

http://www.census.gov/foreign-trade/aes/documentlibrary/index.html#concordance

All the necessary changes have been made to the AES and the AESDirect
program.

*** AESPcLink Users – Please update your AESDirect Code Tables.

For further information or questions, contact the U.S. Census Bureau’s
AES Branch at 1-800-549-0595, menu option 1 or at askaes@census.gov.

TAINLESS STEEL BUTT-WELD PIPE FITTINGS FROM ITALY, MALAYSIA, AND THE PHILIPPINES

keeton — Wed, 01 Nov 2006 07:20:55 +0000

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING STAINLESS STEEL BUTT-WELD PIPE FITTINGS FROM ITALY, MALAYSIA, AND THE PHILIPPINES

The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing antidumping duty orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines 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 and the Department of Commerce’s recent affirmative findings, the existing orders on imports of stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines will remain in place.

All six Commissioners found that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines (Inv. Nos. 731-TA-865-867 (Review), USITC Publication 3889, November 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after December 5, 2006, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

——————————————————————————–

BACKGROUND

The five-year (sunset) reviews concerning Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines were instituted on January 3, 2006.

On April 10, 2006, the Commission voted to conduct full reviews. With respect to Italy and the Philippines, all six Commissioners concluded that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. With respect to Malaysia, all six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for a full review.

Information concerning the reasons for the Commission’s votes to conduct full reviews was published in the Federal Register on April 19, 2006. That notice and a record of the Commission’s votes is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Stainless Steel Butt-Weld Pipe Fittings – Italy (Review),” “Stainless Steel Butt-Weld Pipe Fittings – Italy (Review),” and “Stainless Steel Butt- Weld Pipe Fittings – The Philippines (Review)”.

STRINGED MUSICAL INSTRUMENTS AND COMPONENTS

keeton — Mon, 30 Oct 2006 21:51:55 +0000

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN STRINGED MUSICAL INSTRUMENTS AND COMPONENTS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain stringed musical instruments and components thereof. The products at issue in this investigation are stringed musical instruments and components thereof, including tremolos used to control the tension applied to the strings of the instrument in order to vary the notes or sound pitch.

The investigation is based on a complaint filed by Geoffrey McCabe of Los Angeles, CA, on October 3, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain stringed musical instruments and components thereof that infringe patents owned by McCabe. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

Floyd Rose Guitars of Redmond, WA;
Ibanez, Inc. (Hoshino) US of Bensalem, PA;
Vigier, Inc., of France; and
Schaller Electronic of Germany.
By instituting this investigation (337-TA-586), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton 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.

U.S. Census Bureau Staff Update – Mr. Gerard J. Horner

keeton — Wed, 25 Oct 2006 16:20:40 +0000

Mr. Gerard J. Horner, the long time Chief of the Automated Export
System Branch, will be leaving the U.S. Census Bureau’s
Foreign Trade Division effective October 27, 2006 for a new position
with the Bureau of Industry and Security’s Office of Technology and
Evaluation. Many of you in the trade community may remember
Mr. Horner at various meetings, seminars and conferences passionately
promoting the Automated Export System.

Mr. Horner wishes to thank the industry for all your hard work,
commitment and support while participating in AES. Everyone’s
willingness to transition to a new technology and higher levels of
compliance has made the system a success. He leaves behind a
wonderful, hard-working and dedicated staff that he knows will
continue to provide the same excellent support that has been delivered
for years.

The new Chief of the Automated Export System Branch, effective
November 12, 2006, will be Ms. Wendy Peebles.

ITC FINDS IMPACT OF ATPA IMPORTS NEGLIGIBLE, DESPITE ENHANCEMENTS

keeton — Thu, 19 Oct 2006 20:48:33 +0000

The overall effect of imports under the Andean Trade Preference Act (ATPA) on the U.S. economy and consumers continued to be negligible in 2005, reports the U.S. International Trade Commission.

The ITC, an independent, nonpartisan, factfinding federal agency, recently issued its 12th report in a series monitoring imports under the ATPA. The ATPA program affords preferential tariff treatment to most products of Bolivia, Colombia, Ecuador, and Peru. The ATPA’s goal is to promote the development of sustainable economic alternatives to drug crop production by offering alternative, legal Andean products broader access to the U.S. market. The four Andean countries are the source of the coca plants from which most of the world’s cocaine is produced or are major transit areas for cocaine.

The ATPA was renewed and amended on August 6, 2002, under the Andean Trade Promotion and Drug Eradication Act (ATPDEA), which broadened the scope of products eligible for tariff preferences. 2005 marked the third full year that ATPDEA was in effect. The ATPA is scheduled to expire at the end of 2006.

Following are highlights of the report, Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, Twelfth Report, 2005:

Total U.S. imports from ATPA countries amounted to $20.1 billion in 2005, of which $11.5 billion, or 57 percent, entered under the ATPA. The value of U.S. imports that entered under the ATPA rose 37 percent in 2005, faster than the increase in total U.S. imports from the region and faster than the growth of U.S. imports from the world.

The large increase primarily reflected an increase in the value of imports of petroleum- related products. Higher oil prices were mainly responsible for the increase, as the volume of some petroleum-related product imports rose substantially while the volume of others fell. Imports of petroleum-related products and apparel articles, which both became eligible for ATPA trade preferences under the ATPDEA, accounted for nearly four-fifths of imports under the program in 2005 and represented 11 of the top 20 U.S. imports under the ATPA. With the exception of cut flowers, other major categories of imports under the ATPA also grew, including copper cathodes, asparagus, and precious metal jewelry.

A few U.S. industries were identified as potentially experiencing displacement by ATPA imports of more than an estimated 5 percent of the value of U.S. production: asparagus; fresh-cut roses; and chrysanthemums, carnations, anthuriums, and orchids. U.S. imports of all of the 20 leading ATPA-exclusive products produced net welfare gains for U.S. consumers in 2005.

The ATPA continued to have a small, indirect effect on drug-crop eradication and crop substitution efforts in the ATPA countries in 2005. Net coca cultivation in the ATPA region in 2005 remained at roughly its lowest level in two decades. With the strong growth of U.S. imports under the ATPA in 2005, the ATPA remained an important source of employment creation for workers who might otherwise have grown illicit coca or entered the drug trade. In particular, ATPA trade preferences supported such industries as flowers in Colombia and Ecuador, asparagus in Peru, and textiles and apparel throughout the region.
Andean Trade Preference Act: Impact on U.S. Industries and Consumers and on Drug Crop Eradication and Crop Substitution, Twelfth Report, 2005 (Inv. No. 332-352, USITC Publication No. 3888, September 2006) will be available on the ITC’s Internet server at www.usitc.gov. The publication will also be available at federal depository libraries in the United States. A CD-ROM or printed copy of the report may be requested by calling 202-205-2000 or by writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

ANTIDUMPING DUTY ORDER ON PETROLEUM WAX FROM CHINA

keeton — Thu, 19 Oct 2006 17:07:42 +0000

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: CASH DEPOSIT INSTRUCTIONS FOR FINAL DETERMINATION OF, CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON, PETROLEUM WAX FROM CHINA (A-570-504)

1. ON OCTOBER 6, 2006, THE DEPARTMENT OF COMMERCE PUBLISHED
IN
THE FEDERAL REGISTER ITS NOTICE OF AN AFFIRMATIVE FINAL
DETERMINATION OF LATER-DEVELOPED MERCHANDISE CIRCUMVENTION OF
THE PETROLEUM WAX CANDLES ANTIDUMPING DUTY ORDER (71 FR
59075).

2. SCOPE OF THE ANTIDUMPING DUTY ORDER

THE SCOPE OF THIS ORDER INCLUDES CERTAIN SCENTED OR UNSCENTED
PETROLEUM WAX CANDLES MADE FROM PETROLEUM WAX AND HAVING FIBER
OR PAPER-CORED WICKS. THEY ARE SOLD IN THE FOLLOWING SHAPES:
TAPERS, SPIRALS, AND STRAIGHT-SIDED DINNER CANDLES; ROUNDS,
COLUMNS, PILLARS, VOTIVES; AND VARIOUS WAX-FILLED CONTAINERS.

THE PRODUCTS COVERED BY THE ORDER ARE CURRENTLY CLASSIFIABLE
UNDER THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (”
HTSUS”) ITEM 3406.00.00. THE HTSUS SUBHEADING IS PROVIDED FOR
CONVENIENCE AND FOR CBP PURPOSES ONLY AND IS NOT DISPOSITIVE.
BUT RATHER THE WRITTEN DESCRIPTION OF THE SCOPE OF THE ORDER
IS
DISPOSITIVE.

3. SCOPE OF THE ANTICIRCUMVENTION INQUIRY

THE PRODUCT SUBJECT TO THIS ANTICIRCUMVENTION INQUIRY ARE
MIXED
WAX CANDLES CONTAINING PETROLEUM WAX AND OVER FIFTY PERCENT
PALM
AND/OR OTHER VEGETABLE-OIL BASED WAXES (“MIXED WAX CANDLES”)
FROM THE PEOPLE’S REPUBLIC OF CHINA.

EXCLUDED FROM THE SCOPE OF THE ANTICIRCUMVENTION INQUIRY ARE
CANDLES CONTAINING EITHER ONE HUNDRED PERCENT PALM AND/OR
VEGETABLE OIL-BASED WAX OR MORE THAN FIFTY PERCENT BEESWAX.

4. THE DEPARTMENT HAS DETERMINED THAT ALL ENTRIES FROM ALL
COMPANIES OF MIXED WAX CANDLES CONTAINING PALM AND/OR OTHER
VEGETABLE OIL-BASED WAXES MIXED WITH ANY AMOUNT OF PETROLEUM
WAX
ARE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON PETROLEUM WAX
CANDLES FROM THE PRC.

5. THEREFORE, FOR ALL ENTRIES FROM ALL COMPANIES OF MIXED WAX
CANDLES THAT CONTAIN PALM AND/OR OTHER VEGETABLE OIL-BASED
WAXES
MIXED WITH ANY AMOUNT OF PETROLEUM WAX AND MEET ALL THE
REQUIREMENTS FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING
DUTY
ORDER, U.S. CUSTOMS AND BORDER PROTECTION (CBP) SHALL SUSPEND
LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER FEBRUARY 25, 2005,
WHICH
IS THE DATE OF INITIATION FOR THIS ANTICIRCUMVENTION INQUIRY.

EFFECTIVE FEBRUARY 25, 2005, CBP SHALL REQUIRE, FOR ALL SUCH
ENTRIES FROM ALL COMPANIES, A CASH DEPOSIT EQUAL TO 108.30
PERCENT.

6. FOR ALL ENTRIES FROM ALL COMPANIES OF MIXED WAX CANDLES
THAT
CONTAIN PALM AND/OR OTHER VEGETABLE OIL-BASED WAXES MIXED WITH
ANY AMOUNT OF PETROLEUM WAX AND MEET ALL THE REQUIREMENTS FOR
THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER, AS
DESCRIBED ABOVE, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER FEBRUARY 25, 2005, AND ARE SET FOR
LIQUIDATION NEED TO BE UNSET IMMEDIATELY.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3577
(GENERATED BY O9:JEH).

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

CATHY SAUCEDA

AES Compliance Conference – Miami, FL

keeton — Thu, 19 Oct 2006 17:02:23 +0000

AES COMPLIANCE CONFERENCE: Seminar $199/Person

* Miami, FL – November 8, 2006

Why You Should Attend:

* Learn about the changes associated with mandatory AES
* Hear experts from the U.S. Government
* Learn about the new export regulations:
Stiffer penalties of up to $10,000 per non-compliant transaction
* Let us help you get it right the first time
* Avoid costly encounters with government enforcement agencies

AES COMPLIANCE CONFERENCE: AESPcLink Workshop $60/Person

* Miami, FL – November 9, 2006

Why You Should Attend:

* Prepare for mandatory electronic filing
* Learn how to file your Electronic Export Information (EEI)
* Say “Goodbye” to the paper Shippers Export Declaration (SED)
* Get certified to use AESPcLink, a windows based desktop PC
component of AESDirect.gov, in this hands-on PC workshop
* Enjoy the benefits of FREE electronic filing of your EEI
* Get training from the U.S. Census Bureau’s Foreign Trade Division

Please contact the FTD Regulations Branch with any questions or
concerns at ftdregs@census.gov or 1-800-549-0595, Menu Option 3.

INVESTIGATION ON CERTAIN ENGINES

keeton — Mon, 16 Oct 2006 19:28:43 +0000

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain engines, components thereof, and products containing the same. The products at issue in this investigation are engines (and engine components) used in equipment such as portable generators and water pumps.

The investigation is based on a complaint filed by American Honda Motor Company, Incorporated of Torrance, CA, on September 19, 2006. A supplement to the complaint was filed on October 10, 2006. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain engines, components thereof, and products containing same that infringe patents licensed by the complainant. The complainant requests that the ITC issue a permanent limited exclusion order and a permanent cease and desist order.

The ITC has identified Wuxi Kipor Power Co., Ltd., of China as the respondent in this investigation.

By instituting this investigation (337-TA-585), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.

Free Blogs for Importers and Exporters

keeton — Mon, 25 Sep 2006 04:10:03 +0000

As the title suggests, you can sign up for a free company blog at ImportAssist.com provided you are an importer, exporter or have some involvement in international trade.

Blogs are an effective way for companies to exhibit their products and services worldwide, and the importer/exporter base behind importassist.com is an excellent source of exposure for anyone in the business of international trade.

INVESTIGATION ON CERTAIN ALENDRONATE SALTS

keeton — Wed, 20 Sep 2006 19:42:09 +0000

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain alendronate salts and products containing same. The products at issue in this investigation are alendronate salts in powder or tablet form which are used to treat osteoporosis and Paget’s disease conditions.

The investigation is based on a complaint filed by Merck & Co., Inc., of Whitehouse Station, NJ, on August 22, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain alendronate salts and products containing same that infringe a patent owned by Merck. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.

The ITC has identified CIPLA, Ltd., of Mumbai, India, as the respondent in this investigation.

By instituting this investigation (337-TA-584), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock 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.

ELIMINATION OF TARIFFS ON CERTAIN PHARMACEUTICAL PRODUCTS AND CHEMICAL INTERMEDIATES

keeton — Wed, 20 Sep 2006 19:21:45 +0000

The U.S. International Trade Commission (ITC) today released the results of its investigation providing information and advice to the President concerning approximately 1,300 pharmaceutical products and chemical intermediates used primarily for the production of pharmaceuticals for which the Administration is proposing to eliminate duties.

The products would be added to the Pharmaceutical Appendix to the Harmonized Tariff Schedule of the United States (HTS), which was created as part of the Uruguay Round Agreements and already covers approximately 8,250 products. The United States 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. If added to the Appendix, the 1,300 products included in the new ITC investigation would receive duty-free treatment.

The investigation, Advice Concerning the Addition of Certain Pharmaceutical Products and Chemical Intermediates to the Pharmaceuticals Appendix to the Harmonized Tariff Schedule of the United States (Inv. No. 332-476), was requested by the U.S. Trade Representative in a letter received May 25, 2006. The ITC submitted its report to the USTR on September 1, 2006.

As requested, the ITC provided a description of the products contained in the existing Pharmaceutical Appendix and the modifications to be made to that Appendix; an explanation of the relationship between the various elements in the Appendix and the HTS; and an estimate of current U.S. imports and, where possible, current U.S. exports of the products included in the existing Pharmaceutical Appendix and the proposed additions to the Appendix, based on product groupings if necessary.

Advice Concerning the Addition of Certain Pharmaceutical Products and Chemical Intermediates to the Pharmaceutical Appendix to the Harmonized Tariff Schedule of the United States (Investigation No. 332-476, USITC Publication 3883, September 2006) is available on the ITC’s Internet site at Http://Hotdocs.usitc.gov//docs/pubs/332/pub3883.pdf. A CD-ROM of the report may be requested by calling 202-205-2000 or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

ITC 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 Senate Committee on Finance, or the House Committee on Ways and Means. 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 factfinding reports. Upon completion of each investigation, the ITC 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.

New Port Added to AES!

keeton — Wed, 20 Sep 2006 18:09:41 +0000

Please note the following Ports addition in AES:

Port
Code Description Effective

2791 DHL-HUB, Los Angeles, California 09/18/2006

AES COMPLIANCE CONFERENCE

keeton — Mon, 18 Sep 2006 19:17:09 +0000

AES COMPLIANCE CONFERENCE:

* Seattle, WA – October 17, 2006 (Seminar Only)
* San Diego, CA – October 19-20, 2006 (Seminar and AESPcLink Workshop)

AES COMPLIANCE CONFERENCE: Seminar $199/Person

* Seattle, WA – October 17, 2006
* San Diego, CA – October 19, 2006

Why You Should Attend:

AES COMPLIANCE CONFERENCE: AESPcLink Workshop $60/Person

* San Diego, CA – October 20, 2006

Why You Should Attend:

* Prepare for mandatory electronic filing
* Learn how to file your Electronic Export Information (EEI)
* Say “Goodbye” to the paper Shippers Export Declaration (SED)
* Get certified to use AESPcLink, a windows based desktop PC component
of AESDirect.gov, in this hands-on PC workshop
* Enjoy the benefits of FREE electronic filing of your EEI
* Get training from the U.S. Census Bureau’s Foreign Trade Division

Please contact the FTD Regulations Branch with any questions or
concerns at ftdregs@census.gov or 1-800-549-0595, Menu Option 3.

For overview, agenda, and registration information visit

http://www.census.gov/mso/www/ftd/index.htm

FERROVANADIUM AND NITRIDED VANADIUM FROM RUSSIA

keeton — Mon, 18 Sep 2006 19:14:06 +0000

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on ferrovanadium and nitrided vanadium from Russia 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 and the Department of Commerce’s recent affirmative finding, the existing order on imports of these products from Russia will remain in place.

All six Commissioners 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 Ferrovanadium and Nitrided Vanadium from Russia (Inv. No. 731-TA-702 (Second Review)), USITC Publication 3887, September 2006) will contain the views of the Commission and information developed during the review.

Copies may be requested after October 19, 2006, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

BACKGROUND

The five-year (sunset) review concerning Ferrovanadium and Nitrided Vanadium from Russia was instituted on May 1, 2006.

On August 4, 2006, the Commission voted to conduct an expedited review. Vice Chairman Shara L. Aranoff and Commissioners Jennifer A. Hillman, Stephen Koplan, and Charlotte R. Lane concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

Information concerning the reasons for the Commission’s vote to conduct an expedited review was published in the Federal Register on August 17, 2006. That notice and a record of the Commission’s vote is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Ferrovanadium & Nitrided Vanadium – Russia (2nd Review)”).

COLOMBIA TPA

keeton — Sat, 16 Sep 2006 02:02:45 +0000

The investigation, U.S.-Colombia Trade Promotion Agreement: Potential Economy-wide and Selected Sectoral Effects, was requested by the U.S. Trade Representative in a letter received on August 28, 2006.

The Trade Act of 2002 requires the ITC to prepare a report that assesses the likely impact of proposed free trade agreements on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers. The ITC’s report, which will be public, is due to the President and the Congress no more than 90 days after the President actually signs the agreement, which he can do 90 days after he notifies the Congress of his intent to do so. The President notified the Congress on August 24, 2006, of his intent to enter into the TPA with Colombia.

The ITC will hold a public hearing in connection with the investigation on October 5, 2006. Requests to appear at the hearing (one original and 14 copies) should be filed no later than 5:15 p.m. on September 25, 2006, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.

The ITC also welcomes written submissions for the record. Written submissions (one original and 14 copies) should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on October 16, 2006. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigation and the procedures for written submissions is available in the ITC’s notice of investigation, dated September 14, 2006, which can be obtained from the ITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

FRESH GARLIC FROM CHINA

keeton — Wed, 13 Sep 2006 02:45:28 +0000

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on fresh garlic from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

All six Commissioners voted in the affirmative, finding that revoking the existing order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 Fresh Garlic from China (Inv. No. 731-TA-683 (Second Review)), USITC Publication 3886, September 2006) will contain the views of the Commission and information developed during the review.

BACKGROUND

The five-year (sunset) review concerning Fresh Garlic from China was instituted on February 1, 2006.

On May 8, 2006, the Commission voted to conduct an expedited review. Then-Chairman Stephen Koplan, then-Vice Chairman Deanna Tanner Okun, and Commissioners Jennifer A. Hillman, Charlotte R. Lane, and Shara L. Aranoff concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Commissioner Daniel R. Pearson concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review.

Information concerning the reasons for the Commission’s vote to conduct an expedited review was published in the Federal Register on May 22, 2006. That notice and a record of the Commission’s vote is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Fresh Garlic – China (2nd Review)”).

UNSCHEDULED AES MAINTENANCE OUTAGE

keeton — Thu, 07 Sep 2006 23:07:53 +0000

The AES production region will undergo an unscheduled maintenance outage beginning at 11:00 PM EDT Today, September 7, 2006. AES will be restored within four (4) hours and no later than 3:00 AM EDT, September 8, 2006.

The AES development team is conducting database maintenance to improve the timeliness of response messages.

AES Filers may submit Non-Licensed shipments under the downtime policy during this outage. All shipment must be filed once the system is restored. Licensed shipments must be held until the system is restored and an AES ITN is received.

If you utilize the AES Downtime Policy for export, please contact the port where you will export from.

Please see the Customs and Border Protection (CBP) web site for further information on the AES Downtime Policy:

PAPER SCHOOL SUPPLIES FROM CHINA, INDIA, AND INDONESIA INJURE U.S. INDUSTRY

keeton — Wed, 06 Sep 2006 20:53:34 +0000

The United States International Trade Commission (ITC or Commission) today determined that an industry in the United States is materially injured or threatened with material injury by reason of imports of certain lined paper school supplies from India and Indonesia that the Department of Commerce (Commerce) has determined are subsidized and imports of these products from China, India and Indonesia that Commerce has determined are sold in the United States at less than fair value.

With respect to China, Vice Chairman Shara L. Aranoff and Commissioners Stephen Koplan and Charlotte R. Lane voted in the affirmative; Chairman Daniel R. Pearson and Commissioners Jennifer A. Hillman and Deanna Tanner Okun made affirmative threat determinations. With respect to India and Indonesia, Vice Chairman Aranoff and Commissioners Koplan and Lane voted in the affirmative; Chairman Pearson and Commissioners Hillman and Okun voted in the negative.

As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will issue countervailing duty orders on imports of these products from India and Indonesia and antidumping duty orders on imports of these products from China, India, and Indonesia.

The Commission’s public report Certain Lined Paper School Supplies from China, India, and Indonesia, Inv. Nos. 704-TA-442-443 and 731-TA-1095-1097 (Final), USITC Publication 3884, September 2006) will contain the views of the Commission and information developed during the investigations.

Copies may be obtained after October 9, 2006, by calling 202-205-1809 or from the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202- 205-2104.

UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS

Certain Lined Paper School Supplies from China, India, and Indonesia
Investigations Nos. 701-TA-442-443 and 731-TA-1095-1097 (Final)

Product Description: The product covered by these investigations is certain lined paper school supplies (CLPSS), which include spiral-bound or wireless notebooks, hole-punched filler paper, and composition books. CLPSS are primarily used for writing, often by students for note taking or preparing assignments. The paper is typically white and may be wide-ruled or college-ruled. Notebooks have covers to protect the pages and may have pockets and/or dividers. The merchandise subject to this investigation is provided for in subheadings 4811.90.9090 and 4820.10.2050 of the Harmonized Tariff Schedule of the United States.

Status of Proceedings:
1. Type of investigation: Final antidumping and countervailing subsidy.
2. Petitioners: MeadWestvaco Corp., Dayton, OH; Norcom, Inc., Norcross, GA; and Top Flight,
Inc., Chattanooga, TN (collectively, the Association of American School Paper Suppliers).
3. Investigations instituted by USITC: September 19, 2005.
4. Hearing: July 25, 2006.
5. USITC vote: September 6, 2006.
6. USITC notification of Department of Commerce: September 21, 2006.

U.S. Industry:
1. Number of U.S. firms in 2005: Thirteen.
2. Production during 2005: 476,307,000 pieces
3. Employment of production and related workers: 1,007
4. U.S. producers’ shipments during 2005: 469,947,000 pieces
5. U.S. apparent consumption during 2005: 1,328,030,000 pieces
6. Ratio of quantity of total imports to U.S. apparent consumption
during 2005 (percent): 42

U.S. Imports:
1. Quantity of subject imports during 2005: 416,514,000 pieces
2. Value of subject imports during 2005: 217,797,000 pieces

FURFURYL ALCOHOL FROM CHINA AND THAILAND

keeton — Wed, 06 Sep 2006 20:52:44 +0000

The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing antidumping duty orders on furfuryl alcohol from China and Thailand 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 orders on imports of furfuryl alcohol from China and Thailand will remain in place.

All six Commissioners 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 Furfuryl Alcohol from China and Thailand (Inv. Nos. 731-TA-703 and 705 (Second Review), USITC Publication 3885, September 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after October 4, 2006, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

BACKGROUND

The five-year (sunset) reviews concerning Furfuryl Alcohol from China and Thailand were instituted on April 3, 2006.

On July 7, 2006, the Commission voted to conduct expedited reviews. Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Deanna Tanner Okun concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for expedited reviews. Commissioner Charlotte R. Lane concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted full reviews.

Information concerning the reasons for the Commission’s vote to conduct expedited reviews was published in the Federal Register on July 21, 2006. That notice and a record of the Commission’s votes is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Furfuryl Alcohol – China (2nd Review)” and “Furfuryl Alcohol – Thailand (2nd Review)”).

In addition, a record of the Commission’s votes 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.

OIL COUNTRY TUBULAR GOODS FROM ARGENTINA, ITALY, JAPAN, KOREA, AND MEXICO

keeton — Tue, 05 Sep 2006 20:25:28 +0000

The U.S. International Trade Commission (ITC or Commission) today voted to conduct full five-year (“sunset”) reviews concerning the countervailing duty order on imports of oil country tubular goods from Italy and the antidumping duty orders on imports of those products from Argentina, Italy, Japan, Korea, and Mexico (Inv. Nos. 701-TA-365 and 731-TA-711 and 713-716 (Second Review)).

As a result of today’s vote, the Commission will conduct full reviews to determine whether revocation of these orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

All six Commissioners concluded that both the domestic group response and the respondent group responses were adequate and voted for full reviews.

The record of the Commission’s votes is also posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Oil Country Tubular Goods – Argentina (2nd Review),” “Oil Country Tubular Goods – Italy (AD) (2nd Review),” “Oil Country Tubular Goods – Italy (CVD) (2nd Review),” “Oil Country Tubular Goods – Japan (2nd Review),” “Oil Country Tubular Goods – Korea (2nd Review),” and “Oil Country Tubular Goods – Mexico (2nd Review)”).

The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.

SEAMLESS CARBON AND ALLOY STEEL STANDARD, LINE, AND PRESSURE PIPE FROM ARGENTINA, BRAZIL, AND GERMANY

keeton — Tue, 05 Sep 2006 20:24:57 +0000

The U.S. International Trade Commission (ITC or Commission) today voted to conduct full five-year (“sunset”) reviews concerning the antidumping duty orders on imports of seamless carbon and alloy steel standard, line, and pressure pipe from Argentina, Brazil, and Germany (Inv. Nos. 731-TA-707- 709 (Second Review)).

With respect to Argentina, all six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review. With respect to Brazil, all six Commissioners concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. With respect to Germany, Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman and Stephen Koplan concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review; Commissioners Deanna Tanner Okun and Charlotte R. Lane concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.

The record of the Commission’s votes is also posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Seamless Pipe – Argentina (2nd Review),” “Seamless Pipe – Brazil (2nd Review),” and “Seamless Pipe – Germany (2nd Review)”).

The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its reviews.

SUB-SAHARAN AFRICAN EXPORTS

keeton — Tue, 05 Sep 2006 15:39:57 +0000

The U.S. International Trade Commission (ITC or Commission) has launched an investigation to explore the competitive factors affecting industries in Sub-Saharan Africa (SSA) that have experienced significant increases or decreases in exports in recent years.

The investigation, Sub-Saharan Africa: Factors Affecting Trade Patterns of Selected Industries, was requested by the U.S. Trade Representative. The investigation will yield three annual reports that will provide brief overviews of the trends in SSA exports in the agricultural, mining and manufacturing, and services sectors.

Each report will also provide profiles of SSA industries within those sectors that produce certain products that have shown significant export shifts in recent years. Each industry profile will include an analysis of the leading SSA exporters, their key markets, the leading competitors, and the factors that have contributed to recent increases or decreases in the exports of these industries.

As requested, the ITC, an independent, nonpartisan, factfinding federal agency, will deliver the first annual report to the USTR by April 3, 2007. Subsequent reports will be delivered 12 and 24 months after delivery of the first report.

The first annual report will cover industries that produce cut flowers; cocoa butter and paste; nuts, including coconuts, Brazil nuts, and cashews; prepared or preserved fish; acyclic alcohol; unwrought aluminum; textiles and apparel; petroleum gasses, including natural gas; flat-rolled steel; wood veneer sheets; financial services; and tourism.

The ITC will hold a public hearing in connection with the first annual report on December 6, 2006. Requests to appear at the hearing should be filed no later than 5:15 p.m. on November 13, 2006, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. For further information, call 202-205-2000.

The ITC also welcomes written submission for the record. Written submissions (one original and 14 copies) should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date, but no later than 5:15 p.m. on December 15, 2006. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of the investigation and appropriate submissions is available in the ITC’s notice of investigation, dated August 23, 2006, which can be obtained from the ITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

ITC 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 Representatives, the Senate Committee on Finance, or the House Committee on Ways and Means. The resulting reports convey the Commissions’ objective findings and independent analyses on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the ITC submits its findings and analyses to the requester. General factfinding investigations reports are subsequently released to the public, unless they are classified by the requester for national security reasons.

ITC RELEASES THE YEAR IN TRADE 2005

keeton — Tue, 05 Sep 2006 15:39:17 +0000

The U.S. International Trade Commission (ITC) today released The Year in Trade 2005, its annual overview of the previous year’s trade-related activities.

The publication provides a practical review of U.S. international trade laws, a survey of actions under U.S. trade laws, a summary of the operation of the World Trade Organization (WTO), an overview of U.S. free trade agreements and negotiations, and a review of U.S. bilateral trade relations with major trading partners.

The ITC’s The Year in Trade is one of the government’s most comprehensive reports of U.S. trade-related activities, covering major multilateral, regional, and bilateral developments.

The Year in Trade 2005 includes complete listings of antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases undertaken by the U.S. government in 2005. In addition, the 2005 report also covers:

the operation of the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, the Andean Trade Preference Act, and the Caribbean Basin Economic Recovery Act;

U.S. textile and apparel imports and developments in textile and apparel trade with selected partners;

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

developments in U.S. free trade agreements, including agreements concluded in 2005 with Oman, Peru, and Colombia; negotiations for the Free Trade Area of the Americas; and activities under the North American Free Trade Agreement; and

bilateral trade issues with major U.S. trading partners the European Union, Canada, China, Mexico, Japan, Taiwan, Korea, India, and Brazil.
Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs.

The Year in Trade 2005 (USITC Publication 3875, July 2006) will be posted in the Publications section of the ITC’s Internet site at www.usitc.gov. The report also is expected to be available at federal depository libraries in the United States and at offices of the U.S. Information Agency abroad.

In addition, the ITC is disseminating this report, as well as previous Year in Trade reports covering the years 2001-2004, on CD-ROM. The CD-ROM may be requested by calling 202-205-2000 or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104. A printed copy of The Year in Trade 2005 may be requested through the same channels. Technical questions concerning the CD-ROM version should be directed to Renea McGriff at 202-205-2752.

PROPOSED DEFINITIONS FOR CERTAIN BABY SOCKS

keeton — Tue, 05 Sep 2006 15:38:39 +0000

The U.S. International Trade Commission (ITC) today released a public version of its report on the impact of proposed definitions for certain baby socks in the U.S. Harmonized Tariff Schedule (HTS).

The investigation, Probable Effect of Proposed Definitions for Certain Baby Socks, was requested by the U.S. Trade Representative in a letter received on May 26, 2006; the ITC’s confidential report was submitted to the USTR on August 25, 2006.

In his letter, the USTR noted that under a memorandum of understanding signed by the United States and China in 2005, quantitative restraints are imposed on certain textile and apparel products originating in China, to be in effect through 2008. He noted that a question has arisen as to whether certain articles that are currently classified in the HTS as baby socks (and therefore subject to the restraint levels) are instead more appropriately classified as footwear articles (which would not be subject to the restraint levels).

The USTR provided two proposed definitions of baby socks and asked the ITC to provide information on the probable effect of each on U.S. imports from China, total U.S. imports, and on domestic producers of the articles affected.

Probable Effect of Proposed Definitions for Certain Baby Socks (Inv. No. 332-475, USITC Publication No. 3880, August 2006) will be posted in the Publications section of the ITC Internet site at www.usitc.gov. Printed copies may be requested by calling 202-205-2000 or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

ITC 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 Senate Committee on Finance, or the House Committee on Ways and Means. The resulting reports convey the Commission’s objective findings and independent analyses on the subject investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the ITC submits its finding 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.

COMMUNICATION DEVICES, COMPONENTS

keeton — Fri, 01 Sep 2006 02:59:01 +0000

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain wireless communication devices, components thereof, and products containing the same. The products at issue in this investigation include, inter alia, cellular telephone handsets and components.

The investigation is based on a complaint filed by Ericsson Inc., of Plano, TX, and Telefonaktiebolaget LM Ericsson, of Stockholm, Sweden, on July 31, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless communication devices, components thereof, and products containing the same that infringe patents owned by the complainant. The complainants request that the ITC issue a permanent limited exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

Samsung Telecommunications America LLP, of Richardson, TX;
Samsung Electronics America, Inc., of Ridgefield Park, NJ; and
Samsung Electronics Co., Ltd., of Seoul, Korea.

By instituting this investigation (337-TA-583), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.

HYDRAULIC EXCAVATORS AND COMPONENTS

keeton — Fri, 01 Sep 2006 02:58:29 +0000

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain hydraulic excavators and components thereof. The products at issue in this investigation are used to excavate and load earth, blasted rock, sand and other types of aggregate into trucks, concrete mobiles and/or rock-crushing units.

The investigation is based on a complaint filed by Caterpillar, Inc., of Peoria, IL, on August 1, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain hydraulic excavators and components thereof that infringe registered trademarks owned by the complainant. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

Alex Lyon & Son Sales Managers and Auctioneers, Inc., of Fayetteville, NY;
Barkley Industries, LLC, of Litchfield Park, AZ;
Deanco Auction Company of Mississippi, Inc., of Philadelphia, MS;
Dom-Ex, Inc., of Hibbing, MN;
Frontera Equipment Sales, of Donna, TX;
Hoss Equipment Co., Inc., of Irving, TX;
Key Equipment, LLC (subsidiary of ) C.W. Purpero, Inc., of Milwaukee, WI;
Kuhn Equipment Sales Co., Inc., of Summerville, SC;
MMS Equipment Sales L.L.C., of Three Way, TN;
Musselman Construction Co., dba Musselman Rentals and Sales, of Lewistown, ID;
Pacific Rim Machinery, Inc., of Gig Harbor, WA;
Petrowsky Auctioneers, Inc., of North Franklin, CT;
Prima International Trading, of Fayetteville, NY;
Ritchie Bros. Auctioneers Inc., of Vancouver, BC, Canada;
Ritchie Bros. Auctioneers (America) Inc., of Lincoln, NE;
Southwestern Machinery of Florida, Inc., of Port St. Lucie, FL;
Tractorland Equipment Company, Inc., of Moreno Valley, CA;
United Equipment Company, Inc., of Turlock, CA;
World Tractor & Equipment Company, LLC, of Charlotte, NC;
Worldwide Machinery, Inc., of Houston, TX; and
Yoder & Frey Auctioneers, Inc., of Holland, OH.
By instituting this investigation (337-TA-582), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton 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.

INKJET INK SUPPLIES AND COMPONENTS

keeton — Fri, 01 Sep 2006 02:57:55 +0000

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain inkjet ink supplies and components thereof. The products at issue in this investigation are used in inkjet printers.

The investigation is based on a complaint filed by Hewlett-Packard Company, of Palo Alto, CA, on August 1, 2006. An amendment to the complaint and additional exhibits were filed on August 18, 2006. The complaint as amended alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain inkjet ink supplies and components thereof that infringe patents owned by Hewlett-Packard. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Ninestar Technology Co. Ltd., of Guangdong, China;
Ninestar Technology Company Ltd., of Montclair, CA;
Aurora Eshop, Inc. d/b/a/ butterflyinkjet.com, of San Francisco, CA;
IowaInk, LLC d/b/a iowaink.com, of West Des Moines, IA;
L2 Commerce, Inc. d/b/a/ PrintMicro.com, of Sunnyvale, CA; and
All Media Outlet Corp. d/b/a/ Inkandbeyond.com, of City of Industry, CA.
By instituting this investigation (337-TA-581), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Sidney Harris, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Harris 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.

PERIPHERAL DEVICES AND COMPONENTS

keeton — Fri, 01 Sep 2006 02:57:08 +0000

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain peripheral devices and components thereof and products containing the same. Peripheral devices include keyboards and point-and-click devices (computer mice) that are in communication with a computer.

The investigation is based on a complaint filed by Microsoft Corporation, of Redmond, WA, on August 1, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain peripheral devices and components thereof and products containing the same that infringe patents owned by the complainant. The complainant requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.

The ITC has identified Belkin Corporation, of Compton, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-580), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.

BEARINGS FROM CHINA, FRANCE, GERMANY, ITALY, JAPAN, SINGAPORE, AND THE UNITED KINGDOM

keeton — Sat, 05 Aug 2006 02:54:42 +0000

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CERTAIN BEARINGS FROM CHINA, FRANCE, GERMANY, ITALY, JAPAN, SINGAPORE, AND THE UNITED KINGDOM

The U.S. International Trade Commission (ITC or Commission) today announced its determinations in its five-year (sunset) reviews concerning the existing antidumping duty orders on certain bearings from China, France, Germany, Italy, Japan, Singapore, and the United Kingdom.

The Commission determined that revoking the existing orders on tapered roller bearings from China and ball bearings from France, Germany, Italy, Japan, and the United Kingdom would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing orders on spherical plain bearings from France and ball bearings from Singapore would not.

As a result of the Commission’s affirmative determinations and the Department of Commerce’s recent affirmative findings, the existing orders on imports of tapered roller bearings from China and ball bearings from France, Germany, Italy, Japan and the United Kingdom will remain in place. As a result of the Commission’s negative determinations, the existing orders on imports of spherical plain bearings from France and ball bearings from Singapore will be revoked.

With respect to ball bearings from France, Germany, Italy, Japan, and the United Kingdom, Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Charlotte R. Lane voted in the affirmative. With respect to ball bearings from Singapore, Chairman Pearson, Vice Chairman Aranoff, and Commissioners Hillman and Koplan voted in the negative; Commissioner Lane voted in the affirmative. With respect to tapered roller bearings from China, Vice Chairman Aranoff and Commissioners Hillman, Koplan and Lane voted in the affirmative; Chairman Pearson voted in the negative. With respect to spherical plain bearings from France, Chairman Pearson, Vice Chairman Aranoff, and Commissioner Hillman voted in the negative; Commissioners Koplan and Lane voted in the affirmative. Commissioner Deanna Tanner Okun 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 Certain Bearings from China, France, Germany, Italy, Japan, Singapore, and the United Kingdom (Inv. Nos. 731-TA-344, 391-A, 392-A and C, 393-A, 394-A, 396, and 399-A (Second Review), USITC Publication 3876, August 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after September 15, 2006, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

BACKGROUND

The five-year (sunset) review concerning Certain Bearings from China, France, Germany, Italy, Japan, Singapore, and the United Kingdom was instituted on June 1, 2005.

On September 7, 2005, the Commission voted to conduct full reviews. With respect to tapered roller bearings from China and ball bearings from France, Italy, Japan, Singapore, and the United Kingdom, then-Chairman Stephen Koplan and Commissioners Jennifer A. Hillman, Charlotte R. Lane, and Daniel R. Pearson concluded that both the domestic and the respondent group responses were adequate and voted for full reviews. With respect to ball bearings from Germany, then-Chairman Koplan and Commissioners Lane and Pearson concluded that both the domestic and the respondent group responses were adequate and voted for a full review; Commissioner Hillman concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. With respect to spherical plain bearings from France, then- Chairman Koplan and Commissioner Lane concluded that both the domestic and the respondent group responses were adequate and voted for a full review; Commissioners Hillman and Pearson concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Then-Vice Chairman Deanna Tanner Okun did not participate in these reviews; Commissioner Shara L. Aranoff did not participate in the decisions regarding whether to conduct expedited or full reviews.

Information concerning the reasons for the Commission’s vote to conduct an expedited review was published in the Federal Register on September 15, 2005. That notice and a record of the Commission’s vote is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Tapered Roller Bearing – China (Second Review),” “Ball Bearings – Germany (2nd Review),” “Ball Bearings – France (2nd Review),” “Spherical Plain Bearings – France (2nd Review),” “Ball Bearings – Italy (2nd Review),” “Ball Bearings – Japan (2nd Review),” “Ball Bearings – Singapore (2nd Review),” and “Ball Bearings – United Kingdom (2nd Review)”).

In addition, a record of the Commission’s vote to conduct full 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.

WELDED STAINLESS STEEL PIPE FROM KOREA AND TAIWAN

keeton — Sat, 05 Aug 2006 02:53:21 +0000

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CERTAIN WELDED STAINLESS STEEL PIPE FROM KOREA AND TAIWAN

The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing antidumping duty orders on certain welded stainless steel pipe from Korea and Taiwan 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 and the Department of Commerce’s recent affirmative findings, the existing orders on imports of certain welded stainless steel pipe from Korea and Taiwan will remain in place.

All six Commissioners voted in the affirmative, finding that revoking the existing orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 Certain Welded Stainless Steel Pipe from Korea and Taiwan (Inv. Nos. 731-TA-540 and 541 (Second Review), USITC Publication 3877, August 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after September 6, 2006, by calling 202-205-2000 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

FERROVANADIUM AND NITRIDED VANADIUM FROM RUSSIA

keeton — Sat, 05 Aug 2006 01:39:30 +0000

ITC WILL CONDUCT EXPEDITED “SUNSET” REVIEW CONCERNING FERROVANADIUM AND NITRIDED VANADIUM FROM RUSSIA

The U.S. International Trade Commission (ITC or Commission) today voted to expedite its five- year (“sunset”) review concerning the antidumping duty order on imports of ferrovanadium and nitrided vanadium from Russia (Inv. No. 731-TA-702 (Second Review)).

As a result of today’s vote, the Commission will conduct an expedited review to determine whether revocation of the order concerning these products would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

The record of the Commission’s vote is also posted on the ITC’s Internet server at http://info.usitc.gov/oinv/sunset.NSF (under “Ferrovanadium & Nitrided Vanadium – Russia (2nd Review)”).

CHALLENGES FOR U.S. FRESH ORANGE AND LEMON PRODUCERS

keeton — Wed, 19 Jul 2006 15:52:26 +0000

EVOLVING GLOBAL MARKET POSES CHALLENGES FOR U.S. FRESH ORANGE AND LEMON PRODUCERS, SAYS ITC

U.S. producers of fresh oranges and fresh lemons, who have enjoyed a dominant position among world producers, face new challenges both at home and abroad as the global market for fresh oranges and lemons becomes increasingly more competitive, reports the U.S. International Trade Commission (ITC) in its publication Conditions of Competition for Certain Oranges and Lemons in the U.S. Fresh Market.

The ITC, an independent, nonpartisan, factfinding federal agency, examined the competitive conditions of fresh orange and lemon industries of the United States and seven other countries at the request of the U.S. House of Representatives Committee on Ways and Means.

As requested, the ITC report profiles the fresh orange and lemon industries in the United States and seven other countries – Argentina, Australia, Chile, China, Mexico, South Africa, and Spain; compares their strengths and weaknesses; and assesses the prevailing conditions of competition, including production costs, in each of the countries. Highlights of the report follow.

Global production of fresh oranges and lemons has evolved substantially in recent years, experiencing significant shifts in production, consumption, trade, and marketing. Growth in production and consumption was led by developing countries, while output and consumption among traditional developed country suppliers has been stable or declining. Demand for fresh oranges and lemons in developed markets has leveled off with a shift toward processed products, while consumption in developing markets is increasing as incomes rise.

The competitive environment in the global market for fresh oranges and lemons has changed significantly in recent years. Technological advancements in storage and shipping, and trade liberalization, resulted in expanded trade. Historically, the U.S. industry has enjoyed a dominant position among world orange and lemon producers; however, producers in other countries are now able to meet U.S. quality at the same or even lower costs of production. Many new export players increasingly supply high- quality oranges and lemons that compete directly with traditional suppliers. In addition, these countries generally have low domestic consumption of fresh oranges and lemons, so that any increases in production are most likely to be shipped for export.

Although an analysis of input costs of production across countries is a key component to determining industries’ relative strengths and weaknesses, the methodological considerations for international cost comparisons, documented in the economic literature are complex. Cost data for both oranges and lemons compiled by the Commission from varied sources appear to indicate low relative farm-level costs per unit output in Argentina, Mexico, and Australia for both oranges and lemons. Commission data appear to indicate high relative farm-level costs per unit output in the United States, Spain, and Chile for both oranges and lemons.
Conditions of Competition for Certain Oranges and Lemons in the U.S. Fresh Market (Investigation No. 332-469, USITC Publication 3863, July 2006) will be available on the ITC’s Internet site at http://hotdocs.usitc.gov/docs/pubs/332/pub3863.pdf. A CD-ROM of the report may be requested by calling 202-205-1809 or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.

ITC 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 Senate Committee on Finance, or the House Committee on Ways and Means. 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 factfinding reports. Upon completion of each investigation, the ITC 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.

TRENDS IN U.S. INBOUND AND OUTBOUND DIRECT INVESTMENT

keeton — Wed, 19 Jul 2006 15:50:10 +0000

ITC STAFF RESEARCH STUDY EXPLORES TRENDS IN U.S. INBOUND AND OUTBOUND DIRECT INVESTMENT

The United States was both the largest source and largest destination of foreign direct investment (FDI) in the world during 1999-2004, according to a new staff research study by the U.S. International Trade Commission (ITC) Office of Industries.

Trends in U.S. Inbound and Outbound Direct Investment examines trends, by country and by industry, for inbound FDI, outbound FDI, and the relationship between FDI and cross-border trade. The study looks at the different incentives for FDI by sector through analyses of the copper mining, salmon farming, chemicals, and computer services industries. It also examines the phenomenon of services offshoring and the contributions of U.S. FDI to economic growth in foreign host countries.

The research study was prepared by ITC staff. The findings included in the publication are those of the author and do not necessarily reflect the views of the U.S. International Trade Commission or any of the Commissioners.

Principal findings regarding U.S. direct investment trends include:

Outbound FDI stock was $2.1 trillion in 2004, compared with inbound stock of $1.5 trillion, with outbound FDI recording faster growth.

For both U.S. inbound and outbound investment, the European Union and Japan accounted for the largest shares of total FDI stock, but U.S. direct investment in developing countries, including China, has also been rising rapidly.

The service sector accounted for 74 percent of outbound FDI stock in 2004, compared with 21 percent for manufacturing, 5 percent for mining, and a negligible amount for agriculture. Proportions were similar for inbound FDI stock, with 63 percent in services and 34 percent in manufacturing.

Affiliate sales are a much higher proportion of total deliveries to both U.S. and foreign customers than cross-border exports or imports.

Intrafirm trade accounted for 30 percent of U.S. exports and 36 percent of imports in 2003.
Trends in U.S. Inbound and Outbound Direct Investment (Staff Research Study No. 29, USITC publication 3870, July 2006) is available on the ITC’s Internet server at http://hotdocs.usitc.gov/docs/pubs/research_working_papers/pub3870.pdf.

URANIUM FROM RUSSIA

keeton — Wed, 19 Jul 2006 02:07:47 +0000

ITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING URANIUM FROM RUSSIA

The U.S. International Trade Commission (ITC or Commission) today determined that terminating the suspended investigation on imports of uranium from Russia 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 and Commerce’s recent affirmative finding, the existing suspension agreement will remain in place.

Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman, and Stephen Koplan voted in the affirmative. Commissioner Charlotte R. Lane voted in the negative. Commissioner Deanna Tanner Okun did not participate in this investigation.

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 Uranium from Russia (Inv. No. 731-TA-539-C (Second Review), USITC Publication 3872, August 2006) will contain the views of the Commission and information developed during the review.

Copies may be requested after August 22, 2006, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

BACKGROUND

The five-year (sunset) review concerning Uranium from Russia was instituted on July 1, 2005.

On October 4, 2005, the Commission voted to conduct a full review. Then-Chairman Stephen Koplan and Commissioners Jennifer A. Hillman, Charlotte R. Lane, Daniel R. Pearson, and Shara L. Aranoff concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Then-Vice Chairman Deanna Tanner Okun did not participate in this review.

Information concerning the reasons for the Commission’s vote to conduct a full review was published in the Federal Register on October 17, 2005. That notice and a record of the Commission’s vote is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Uranium – Russia (2nd Review)”).

In addition, a record of the Commission’s vote to conduct a full 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.

Information on BIS Export Controls

keeton — Thu, 13 Jul 2006 04:30:17 +0000

Information on BIS Export Controls

The Automated Export System contains several data fields describing export controlled items. The license code, license number and ECCN are data fields used by the Bureau of Industry and Security (BIS) to control exports. The AES Branch of the Census Bureau often gets questions related to these license fields that we are unable to answer. If you need more information on the BIS export controls or want to understand the Export Administration Regulations and how to use them, please refer to the following link. This link will take you to the BIS website and provide you with a frequently asked questions guide to export licensing requirements for commercial items.

http://www.bis.doc.gov/ExportLicensingQandA.htm

If you have any questions regarding this information, please call the BIS help desk at 202-482-4811.

Additional BIS offices are available for callers on the west coast:

Newport Beach, CA 949-660-0144
San Jose, CA 408-351-3378

SUNSET REVIEW CONCERNING CANNED PINEAPPLE FRUIT FROM THAILAND

keeton — Fri, 07 Jul 2006 18:41:08 +0000

ITC WILL CONDUCT FULL “SUNSET” REVIEW CONCERNING CANNED PINEAPPLE FRUIT FROM THAILAND

The U.S. International Trade Commission (ITC or Commission) today voted to conduct a full five- year (“sunset”) review concerning the antidumping duty order on imports of canned pineapple fruit from Thailand (Inv. No. 731-TA-706 (Second Review)).

As a result of today’s vote, the Commission will conduct a full review to determine whether revocation of this order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

All six Commissioners concluded that both the domestic group response and the respondent group response were adequate and voted for a full review.

A record of the Commission’s votes on this matter 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.

The record of the Commission’s vote is also posted on the ITC’s Internet server at http://info.usitc.gov/oinv/sunset.NSF (under “Canned Pineapple – Thailand (2nd Review)”).

The Federal Register notice will indicate whether any further information or statements will be available. The Commission will issue a report after it completes its review.

SUNSET REVIEWS CONCERNING FURFURYL ALCOHOL FROM CHINA AND THAILAND

keeton — Fri, 07 Jul 2006 18:40:26 +0000

ITC WILL CONDUCT EXPEDITED “SUNSET” REVIEWS CONCERNING FURFURYL ALCOHOL FROM CHINA AND THAILAND

The U.S. International Trade Commission (ITC or Commission) today voted to expedite its five- year (“sunset”) reviews concerning the antidumping duty orders on imports of furfuryl alcohol from China and Thailand (Inv. Nos. 731-TA-703 and 705 (Second Review)).

As a result of today’s vote, the Commission will conduct expedited reviews to determine whether revocation of the orders concerning this product would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman, Stephen Koplan, and Deanna Tanner Okun concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for expedited reviews. Commissioner Charlotte R. Lane concluded that the domestic group response for this review was adequate and the respondent group response was inadequate, but that circumstances warranted full reviews.

The record of the Commission’s vote is also posted on the ITC’s Internet server at http://info.usitc.gov/oinv/sunset.NSF (under “Furfuryl Alcohol – China (2nd Review)” and “Furfuryl Alcohol – Thailand (2nd Review)”).

The Federal Register notice will indicate whether any further information or statements will be available. Only parties that filed adequate responses and filed a timely notice of appearance are eligible to participate further in these reviews. The Commission will issue a report after it completes its reviews.

PIPE AND TUBE FROM ARGENTINA, BRAZIL, INDIA, KOREA, MEXICO, TAIWAN, THAILAND, AND TURKEY

keeton — Fri, 30 Jun 2006 04:41:22 +0000

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING CERTAIN PIPE AND TUBE FROM ARGENTINA, BRAZIL, INDIA, KOREA, MEXICO, TAIWAN, THAILAND, AND TURKEY

The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing countervailing duty order on circular welded pipe and tube from Turkey; the existing antidumping duty orders on circular welded pipe and tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey; and the existing antidumping duty order on light-walled rectangular pipe and tube from Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission further found that revoking the existing antidumping duty order on light-walled rectangular pipe and tube from Argentina would not 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 and Commerce’s recent affirmative findings, the existing orders on imports of circular welded pipe and tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey and on imports of light-walled rectangular pipe and tube from Taiwan will remain in place. The existing order on light-walled rectangular pipe and tube from Argentina will be revoked.

Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman and Deanna Tanner Okun voted in the affirmative with respect to circular welded pipe and tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey and light-walled rectangular pipe and tube from Taiwan; they voted in the negative with respect to light-walled rectangular pipe and tube from Argentina. Commissioners Stephen Koplan and Charlotte R. Lane voted in the affirmative with respect to all products from all countries.

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 Certain Pipe and Tube from Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey (Inv. Nos. 701-TA-253 and 731-TA-132, 252, 271, 409-410, 532-534, and 536 (Second Review)), USITC Publication 3867, July 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after July 28, 2006, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

——————————————————————————–

BACKGROUND

The five-year (sunset) reviews concerning Certain Pipe and Tube from Argentina, Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey were instituted on July 1, 2005.

On October 4, 2005, the Commission voted to conduct full reviews. With respect to welded carbon steel pipe and tube from Turkey and circular welded nonalloy steel pipe from Mexico, all six Commissioners concluded that both the domestic and respondent group responses were adequate and voted for full reviews. With respect to welded carbon steel pipe and tube from Thailand and India, small diameter carbon steel pipe and tube from Taiwan, and circular welded nonalloy steel pipe from Brazil, Korea, and Taiwan, all six Commissioners concluded that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews. With respect to light-walled rectangular pipe and tube from Argentina and Taiwan, Chairman Stephen Koplan and Commissioners Charlotte R. Lane and Shara L. Aranoff concluded that the domestic group responses were adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews; Vice Chairman Deanna Tanner Okun and Commissioners Jennifer A. Hillman and Daniel R. Pearson concluded that the domestic group responses were adequate and the respondent group responses were inadequate and voted for expedited reviews.

Information concerning the reasons for the Commission’s vote to conduct full reviews was published in the Federal Register on October 17, 2005. That notice and a record of the Commission’s vote is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Welded Carbon Steel Standard Pipe – Turkey (CVD) (2nd Review),” “Small Diameter Carbon Steel Pipe – Taiwan (2nd Review),” “Welded Carbon Steel Pipe – Thailand (2nd Review),” “Welded Carbon Steel Pipe – India (2nd Review),” “Welded Carbon Steel Pipe – Turkey (AD) (2nd Review),” “Light-Walled Rectangular Pipe – Argentina (2nd Review),” “Light-Walled Rectangular Pipe – Taiwan (2nd Review),” “Circular Welded Non-Alloy Steel Pipe – Brazil (2nd Review),” “Circular Welded Non-Alloy Steel Pipe – Korea (2nd Review),” “Circular Welded Non-Alloy Steel Pipe – Mexico (2nd Review),” and “Circular Welded Non-Alloy Steel Pipe – Taiwan (2nd Review)”).

STAINLESS STEEL WIRE ROD FROM BRAZIL, FRANCE, AND INDIA

keeton — Fri, 30 Jun 2006 04:40:19 +0000

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING STAINLESS STEEL WIRE ROD FROM BRAZIL, FRANCE, AND INDIA

The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing antidumping duty order on stainless steel wire rod from India would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing antidumping duty orders on this product from Brazil and France would not.

As a result of the Commission’s affirmative determination and Commerce’s recent affirmative finding, the existing order on imports of this product from India will remain in place. As a result of the Commission’s negative determinations, the existing orders on imports of this product from Brazil and France will be revoked.

Chairman Daniel R. Pearson, Vice Chairman Shara L. Aranoff, and Commissioners Jennifer A. Hillman and Deanna Tanner Okun voted in the affirmative with respect to India and in the negative with respect to Brazil and France. Commissioner Stephen Koplan voted in the affirmative with respect to Brazil and India and in the negative with respect to France. Commissioner Charlotte R. Lane voted in the affirmative with respect to all three countries.

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 Stainless Steel Wire Rod from Brazil, France, and India (Inv. Nos. 731-TA-636-638 (Second Review)), USITC Publication 3866, July 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after August 3, 2006, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

——————————————————————————–

BACKGROUND

The five-year (sunset) reviews concerning Stainless Steel Wire Rod from Brazil, France, and India were instituted on July 1, 2005.

On October 4, 2005, the Commission voted to conduct full reviews. With respect to France, all six Commissioners concluded that both the domestic and the respondent group responses were adequate and voted for a full review. With respect to Brazil and India, all six Commissioners concluded that the domestic group response was adequate and the respondent group responses were inadequate, but that circumstances warranted full reviews.

STUDY EXPLORES IMPACT OF CHINESE GROWTH ON ENERGY

keeton — Fri, 30 Jun 2006 04:38:42 +0000

ITC STAFF RESEARCH STUDY EXPLORES IMPACT OF CHINESE GROWTH ON ENERGY AND OTHER COMMODITY MARKETS

China’s stunning economic growth in recent years, particularly in the manufacturing sector, has increased the country’s demand for energy and other commodities, which has affected wider global commodity markets in complex ways. The impact of rising Chinese demand on four key commodity markets is explored in The Effects of Increasing Chinese Demand on Global Commodity Markets, a new staff research study by the U.S. International Trade Commission (ITC) Office of Industries.

Principal findings for global commodities markets include:

Crude Petroleum: Increasing Chinese demand is one factor contributing to price increases for crude petroleum in recent years, but global production over the 1995 2004 period more than kept pace with the increased demand from China, mitigating the impact of Chinese demand on prices. Sharply rising energy prices are due more to international political shocks than Chinese economic growth, according to the study.
Aluminum: China has increased imports of alumina, the primary input to unwrought aluminum, over the past decade but has expanded domestic production of unwrought aluminum so much that the country has become a net exporter of the more finished product. However, China’s increased imports and consumption of alumina have contributed to global price increases for unwrought aluminum and are changing the dynamics of the global aluminum market in important ways.
Forest products: China has increased its production of wood and paper products and become a net exporter of paper products through intensive foreign and domestic investment in new sawmills and paper mills. However, since forest resources are not abundant in China, Chinese mills are largely dependent on imports of logs and wood pulp.
Ferrous scrap: Global market prices for ferrous scrap have increased rapidly since 1995, reflecting strong growth in global demand, particularly from China, Turkey, and other Asian steel-producing countries.

ITC REPORTS STRONG TRADE PERFORMANCE BY U.S. SERVICE INDUSTRIES

keeton — Sat, 24 Jun 2006 21:18:30 +0000

The U.S. service sector accounted for 83 percent of gross domestic product and 85 percent of employment in the private sector in 2004, reports the U.S. International Trade Commission (ITC or Commission) in its publication Recent Trends in U.S. Services Trade, 2006 Annual Report.

U.S. service firms are preeminent in global services trade, according to the report, and experienced a 13 percent growth in sales of services abroad by foreign-based affiliates of U.S. firms in 2003.

The ITC, an independent, nonpartisan, factfinding federal agency, compiles the report annually (no report was published in 2005). The report presents a statistical overview of U.S. trade in services and provides analyses of five service industries, examining cross-border exports, imports, and trade balances; services provided to U.S. and foreign consumers by multinational firms’ overseas affiliates; and the competitive conditions affecting the global market for these services. In 2006, the industry-specific chapters cover air transportation, banking and securities, education, insurance, and legal services. The report also presents a chapter on U.S. services trade with China and a special topic chapter that estimates tariff rate equivalents (TREs) for barriers to trade and investment in commercial banking services in 50 countries.

Following are highlights of the 2006 report:

Cross-border services trade accounted for 22 percent of total U.S. cross-border trade volume in 2004. Services trade generated a $47.8 billion U.S. surplus in 2004, in contrast to a U.S. merchandise trade deficit of $665.4 billion. Although adverse effects of terrorist attacks in 2001 on trade in service industries such as insurance services and banking and securities services have subsided, heightened security measures and more rigorous visa requirements have changed trade trends in services such as passenger and freight transportation services and education services.

Increasingly in recent years, the value of services transactions through affiliates abroad has exceeded the value transacted through cross-border trade, reflecting continuing, although uneven, services trade and investment liberalization that encourages the globalization of service firms. In 2003, sales by foreign-based affiliates of U.S. firms reached $477.5 billion, while U.S. cross-border exports in the same year totaled $291.5 billion.

Overshadowed by a $161.9 billion merchandise trade deficit, services trade with China netted a $1.6 billion U.S. surplus in 2004, though it was smaller than in recent years owing to surging U.S. imports from China of freight transport services, port services, and passenger fares. Despite uneven liberalization across Chinese service industries and substantial remaining Chinese barriers to services trade and investment, the continued expansion of China’s economy and demand for key infrastructure services in China will likely enhance opportunities for U.S. service firms seeking to participate in the Chinese services market.

The report estimates baseline TREs for nontariff measures on selected commercial banking services across 50 developed and developing countries, identifying several EU member states as having the smallest TREs and several Latin American countries as having the largest. The estimation of benchmark TREs will provide a basis for assessing progress made through bilateral and multilateral trade agreements in liberalizing services trade regimes.
ul>

Invalid AES Response Messages Generated on June 12, 2006

keeton — Wed, 14 Jun 2006 01:27:59 +0000

On June 12, 2006 the AES generated a number of invalid response messages. As of June 13th, the issue has been resolved.

The following response messages were affected:

Response Code: 030 Fatal Error – Header USPPI ID Must Be Numeric
Response Code: 031 Fatal Error – Trailer USPPI ID Must Be Numeric
Response Code: 076 Compliance Alert – USPPI Can’t Be Changed Post Departure
Response Code: 227 Fatal Error – Forwarding Agent Party Missing

Several AES filers may have received these response messages in error or had problems receiving their Internal Transaction Number (ITN) for a number of shipments.

INVESTIGATION ON CERTAIN EQUIPMENT FOR TELECOMMUNICATIONS OR DATA COMMUNICATIONS NETWORKS

keeton — Mon, 12 Jun 2006 17:28:10 +0000

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN EQUIPMENT FOR TELECOMMUNICATIONS OR DATA COMMUNICATIONS NETWORKS, INCLUDING ROUTERS, SWITCHES, AND HUBS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain equipment for telecommunications or data communications networks, including routers, switches, and hubs, and components thereof. The products at issue in this investigation are used in networks to process various types of signal information such as data, voice transmissions, and faxes.

The investigation is based on a complaint filed by Telcordia Technologies, Inc., of Piscataway, NJ, on May 15, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain equipment for telecommunications or data communications networks, including routers, switches, and hubs, and components thereof, that infringes patents owned by Telcordia. The complainant requests that the ITC issue a permanent limited exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Cisco Systems, Inc., of San Jose, CA;
Lucent Technologies, Inc., of Murray Hill, NJ;
Alcatel S.A., of France;
Alcatel USA, Inc., of Plano, TX; and
PMC-Sierra, Inc., of Santa Clara CA.
By instituting this investigation (337-TA-574), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, Jr., an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton 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.

INVESTIGATION ON CERTAIN PORTABLE DIGITAL MEDIA PLAYERS

keeton — Mon, 12 Jun 2006 17:26:20 +0000

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN PORTABLE DIGITAL MEDIA PLAYERS

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain portable digital media players.

The products at issue in this investigation are MP3 players.

The investigation is based on a complaint filed by Creative Labs, Inc., of Milpitas, CA, and Creative Technology Ltd. of Singapore on May 15, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain portable digital media players that infringe a patent owned by the complainants. The complainants request that the ITC issue a permanent exclusion order and permanent cease and desist orders.

The ITC has identified Apple Computer, Inc., of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-573), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.

PURE AND ALLOY MAGNESIUM

keeton — Wed, 07 Jun 2006 22:45:04 +0000

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING PURE AND ALLOY MAGNESIUM FROM CANADA AND PURE MAGNESIUM FROM CHINA

The U.S. International Trade Commission (ITC) today determined that revoking the existing antidumping duty order on pure magnesium from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, but that revoking the existing countervailing duty orders on pure and alloy magnesium from Canada would not.

As a result of the Commission’s affirmative determination, the existing order on imports of pure magnesium from China will remain in place. As a result of the Commission’s negative determinations, the existing orders on imports of pure and alloy magnesium from Canada will be revoked.

All six Commissioners voted in the affirmative with respect to China and in the negative with respect to Canada.

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 Pure and Alloy Magnesium from Canada and Pure Magnesium from China (Inv. Nos. 701-TA-309A and 309B and 731-TA-696 (Second Review), USITC Publication 3859, June 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after April 26, 2006, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

——————————————————————————–

BACKGROUND

The five-year (sunset) reviews concerning Pure and Alloy Magnesium from Canada and Pure Magnesium from China were instituted on September 1, 2005.

On October 4, 2005, the Commission voted to conduct full reviews concerning Magnesium from Canada. Chairman Stephen Koplan, Vice Chairman Deanna Tanner Okun, and Commissioners Charlotte R. Lane, Daniel R. Pearson, and Shara L. Aranoff concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted full reviews. Commissioner Jennifer A. Hillman concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews. On December 5, 2005, the Commission voted to conduct a full review concerning Pure Magnesium from China. Vice Chairman Deanna Tanner Okun and Commissioners Charlotte R. Lane, Daniel R. Pearson, and Shara L. Aranoff concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Chairman Stephen Koplan and Commissioner Jennifer A. Hillman concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.

Information concerning the reasons for the Commission’s vote to conduct full reviews was published in the Federal Register on October 14, 2005, and on December 20, 2005. Those notices and records of the Commission’s votes is posted on the ITC’s Internet site at http://info.usitc.gov/oinv/sunset.NSF (under “Pure Magnesium – Canada (CVD) (2nd Review),” “Alloy Magnesium – Canada (2nd Review),” and “Pure Magnesium (Ingot) – China (2nd Review)”).

IMPACT OF US PERU FREE TRADE AGREEMENT

keeton — Wed, 07 Jun 2006 22:43:48 +0000

ITC RELEASES REPORT CONCERNING THE IMPACT OF THE U.S.-PERU FREE TRADE AGREEMENT

The U.S. International Trade Commission (ITC) today released its report assessing the bilateral free trade agreement (FTA) that the President has entered into with Peru.

The ITC’s report provides an assessment of the likely impact of the FTA on the U.S. economy and on specific industry sectors and consumers. The publication, U.S.-Peru Trade Promotion Agreement: Potential Economywide and Selected Sectoral Effects, offers a comprehensive summary of all of the specific provisions in the agreement, as well as the changes to U.S. and Peruvian tariffs provided for in the new agreement.

The Trade Act of 2002 requires the ITC to prepare a report that assesses the likely impact of proposed FTAs on the U.S. economy as a whole and on specific industry sectors and the interests of U.S. consumers. In preparing its assessment, the ITC also is required to review available economic assessments regarding the agreement in question, including literature regarding any substantially equivalent proposed agreement.

U.S.-Peru Trade Promotion Agreement: Potential Economywide and Selected Sectoral Effects (Investigation No. TA-2104-20, USITC publication 3855, June 2006) will be posted in the Publications section of the ITC Internet site at www.usitc.gov. CD-ROM and printed copies may be requested by calling 202-205-2000 or by writing the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

ITC MAKES DETERMINATION IN FIVE-YEAR (SUNSET) REVIEW CONCERNING GRAY PORTLAND CEMENT AND CEMENT CLINKER FROM JAPAN

keeton — Wed, 07 Jun 2006 02:36:46 +0000

The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing antidumping duty order on imports of gray portland cement and cement clinker from Japan 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 and Commerce’s recent affirmative finding, the existing order on imports of these products from Japan will remain in place.

All six Commissioners voted in the affirmative, finding that revoking the existing order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

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 Gray Portland Cement and Cement Clinker from Japan (Inv. No. 731-TA-461 (Second Review), USITC Publication 3856, May 2006) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after June 21, 2006, by calling 202-205-1809 or by contacting the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN L-LYSINE FEED PRODUCTS, THEIR METHODS OF PRODUCTION AND GENETIC CONSTRUCTS FOR PRODUCTION

keeton — Wed, 07 Jun 2006 02:36:10 +0000

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain L-lysine feed products, their methods of production and genetic constructs for production. The products at issue in this investigation are L-lysine products used as animal feed supplements.

The investigation is based on a complaint filed by Ajinomoto Heartland LLC of Chicago, IL, on April 25, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain L-lysine feed products and genetic constructs for production thereof that infringe patents owned by the complainant. The complainant requests that the ITC issue an exclusion order and a permanent cease and desist order.

The ITC has identified the following as respondents in this investigation:

Global Bio-Chem Technology Group Company Limited of Hong Kong;
Changchun Dacheng Bio-Chem Engineering Development Co., Ltd., of China;
Changchun Baocheng Bio-Chem Development Co., Ltd., of China;
Changchun Dahe Bio Technology Development Co., Ltd., of China; and
Bio-Chem Technology (HK) Limited of Hong Kong.

By instituting this investigation (337-TA-571), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock 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.

ITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING HELICAL SPRING LOCK WASHERS FROM CHINA AND TAIWAN

keeton — Wed, 07 Jun 2006 02:34:41 +0000

The U.S. International Trade Commission (ITC or Commission) today determined that revoking the existing antidumping duty orders on imports of helical spring lock washers from China and Taiwan 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 and Commerce’s recent affirmative findings, the existing orders on imports of these products from China and Taiwan will remain in place.

Chairman Stephen Koplan and Commissioners Jennifer A. Hillman, Charlotte R. Lane, and Shara L. Aranoff voted in the affirmative with respect to both countries. Vice Chairman Deanna Tanner Okun and Commissioner Daniel R. Pearson voted in the affirmative with respect to China and in the negative with respect to Taiwan.

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 Helical Spring Lock Washers from China and Taiwan (Inv. Nos. 731-TA-624-625 (Second Review), USITC Publication 3858, June 2006) will contain the views of the Commission and information developed during the reviews.

ITC LAUNCHES INVESTIGATION ON THE IMPACT OF PROPOSED DEFINITIONS FOR CERTAIN BABY SOCKS

keeton — Wed, 07 Jun 2006 02:18:47 +0000

The U.S. International Trade Commission (ITC or Commission) has instituted a new investigation to provide information on the impact of proposed definitions for certain baby socks in the U.S. Harmonized Tariff Schedule (HTS).
The investigation, Probable Effect of Proposed Definitions for Certain Baby Socks, was requested by the U.S. Trade Representative in a letter received on May 26, 2006.

The USTR provided two proposed definitions of baby socks and asked the ITC to provide information on the possible effect of each on U.S. imports from China, total U.S. imports, and on domestic producers of the articles affected. The USTR’s proposed definitions and his request letter can be found on the ITC’s Internet site at www.usitc.gov.

The ITC will submit its report to the USTR by August 25, 2006.

The ITC will not hold a public hearing in connection with this investigation. However, the ITC seeks written input from all interested parties. Written submissions (one original and 14 copies) should be submitted at the earliest practical date but no later than 5:15 p.m. on July 11, 2006. All written submissions, except for confidential business information, will be available for public inspection. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.

Vietnams Accession to the World Trade Organization (WTO)

keeton — Tue, 16 May 2006 13:05:01 +0000

The United States and Vietnam have reached agreement in principle on a bilateral market access agreement that will lower trade barriers to a wide range of U.S. industrial and agricultural products and services and help clear the way for Vietnam’s accession to the World Trade Organization (WTO).

Bilateral Agreement will enhance U.S. access to fast-growing Vietnamese market.

With an ambitious program of economic reform underway, Vietnam is the fastest growing major economy in Southeast Asia. (GDP has increased almost 50 percent since 2001.) Vietnam is, in particular, a growing market for U..S. exports, which have increased over 150 percent since 2001. Last year alone saw increase of 24 percent to $1.2 billion
On manufactured goods: under the agreement, about 94% of Vietnam’s imports from the United States will face duties of 15% or less. On key products in the construction equipment, pharmaceuticals and aircraft sectors we negotiated low duties of 0-5%. Vietnam, like other WTO applicants, has agreed to join the ITA and to embrace more than 75% of the chemical harmonization initiative. Vietnam has also committed to implement low duties immediately upon accession on nearly all medical equipment.
On agricultural goods: under the agreement, approximately three-fourths of U.S. agricultural exports to Vietnam will face bound duty rates of 15% or less. Products subject to these reduced tariffs include cotton, selected beef, pork, and variety meats, whey, grapes, apples and pears, and soybeans. Vietnam is also making numerous improvements to its implementation of WTO rules on Sanitary and Phytosanitary measures, including establishment of a WTO-consistent enquiry point. In addition, Vietnam agreed to recognize the U.S. systems of inspecting beef, pork and poultry as equivalent to its inspection systems.
On services: under the agreement, Vietnam has made substantial commitments to open up key sectors, like telecom (including satellite services), distribution, financial services, and energy services to foreign participation. Vietnam has offered to open up for branching in insurance (non-life) and securities, and it already provides for bank branching. s a Member of the WTO, Vietnam will have to live by international rules
Bringing Vietnam into the WTO ensures that Vietnam will be bound by the rule of law.
Dispute Settlement. The United States will be able to pursue its rights through WTO dispute settlement and other WTO instruments.
State Trading. Vietnam is reducing the role of state enterprises in commercial activities (including eliminating the role of the state as the sole importer of certain products). In addition, U.S. firms will have access to the market to supply goods and services to Vietnam’s state-owned and controlled enterprises, which will be obligated to make purchases and sales of goods and services based on commercial considerations.
Trading Rights. Vietnam will eliminate restrictions on imports that foreign-invested companies can import. A very limited number of products are subject to a short transition period before trading rights will be granted and importation of a few products will be through state trading enterprises.
Industrial subsidies. Vietnam will eliminate prohibited subsidies that it provides to its industries. For textile and garment industries, this will be in effect immediately upon accession, and for other industries, Vietnam will eliminate all prohibited subsidies on accession, except for two programs, where benefits to current recipients will be phased out over a five-year period.
Non-Market Economy Status. Nothing in the accession agreement will change Vietnam’s status as a non-market economy (NME) for U.S. trade remedy purposes. We will continue to use non-market methodology in antidumping cases until such time as Vietnam is no longer treated as a non-market economy or for 12 years after Vietnam becomes a WTO member.
Intellectual Property Protection. Vietnam is finalizing intellectual property legislation and regulations. We will continue to work with Vietnam on the new intellectual property law to ensure that it is consistent with and fully implements the TRIPs Agreement.

Vietnam’s WTO Accession Yields Other Important Benefits

Promotes Continued Domestic Reform in Vietnam. WTO accession will require Vietnam to enhance transparency in government processes, increase economic freedoms of Vietnamese, and observe rule of law. It will also bring Vietnam into the global rules-based trading system. These changes will support processes of reform ongoing in other areas of Vietnamese government and society.
Strengthens U.S. Relations with Strategically Important Region. WTO membership for Vietnam supports and strengthens our linkages with the commercially and strategically significant Southeast Asian grouping of nations. This region – with a total GDP of $2.7 billion and a population of 570 million – has been an engine of economic growth; it represents our fourth largest export market. WTO membership further encourages the growth of Vietnam as an emerging alternative Asian market for the U.S.

WTO Accession Requires Congressional Vote on PNTR

Congressional action is necessary to terminate application of Jackson-Vanik to Vietnam and authorize the granting of permanent normal trade relations (MFN) tariff treatment to products of Vietnam.

Customs and Border Protection Joins Police Week Commemoratives

keeton — Fri, 12 May 2006 02:06:39 +0000

Agency pays tribute to CBP officers and Border Patrol agents who have fallen in the line of duty

WASHINGTON, D.C. U.S. Customs and Border Protection employees will participate in national Police Week in the Nation’s Capital, paying tribute to law enforcement personnel who have died in the line of duty. Events begin May 9 and conclude May 15.
CBP pays tribute to fallen officers and agents during an Honor Watch Ceremony on Friday, May 12 at 9 a.m. in the Ronald Reagan Building courtyard by the Federal Triangle Metro. All are welcome to attend. This will be followed by an 11 a.m. Valor Memorial tribute for family and invited guests.

The Valor Memorial at CBP headquarters at the Ronald Reagan Building enshrines the names and service dates of those who have made the ultimate sacrifice while fulfilling their mission, and spans over 200 years of U.S. Customs, Immigration, Agriculture, and Border Patrol history.

The CBP Honor Guard will also be participating in the National Honor Guard Competition on Sunday, May 14. The CBP Officer team will compete at 10:15 a.m. and the Border Patrol team will compete at noon. The event will take place at John Marshall Plaza, 4th and Pennsylvania Avenue, N.W., beginning at 8 a.m.

CBP’s Acting Commissioner Deborah J. Spero and Chief of the Border Patrol David Aguilar said in a joint statement, We come together with other law enforcement agencies during this time to honor the men and women who have given their lives in service to their country. We are grateful for their bravery and selflessness, and it is up to us as a nation to live up to their sacrifice.

Police Week includes a variety of events and services. They include the 11th Annual Blue Mass at the National Cathedral, a National Honor Guard competition, a Memorial Wall tribute, and the 18th Annual Candlelight Vigil. The week concludes with the 25th Annual National Peace Officers Memorial Service on the West Front of the U.S. Capitol followed by a wreath-laying ceremony at the National Law Enforcement Officers Memorial on Wednesday, May 15.

Policy Governing Sample Shipments

keeton — Tue, 09 May 2006 13:25:02 +0000

The Textile Operations Branch has received numerous inquiries regarding the policy governing sample shipments for commodities subject to quota/visa requirements. This administrative notice is intended to reiterate the requirements as originally presented in VBT-88-103 for goods entered under subheading 9811.00.60 of the Harmonized Tariff Schedule (HTS) or as commercial sample shipments.

HTS subheading 9811.00.60, provides for duty/quota free entry of articles used in the United States as samples to solicit orders for goods from foreign countries provided that they are 1) valued at not more than $1 each, or 2) marked, torn, perforated or otherwise treated in a manner that renders them unsuitable for resale or for use other than as samples. For these shipments a formal entry is required if the shipment is valued at greater than $2000.

For merchandise that is subject to China quota and merchandise from non-WTO countries where the United States has retained a bilateral visa arrangement, a more lenient form of marking may be used under the provisions for properly marked commercial samples for shipments valued at $800 or less. Properly marked commercial sample provisions currently exist for China, Vietnam, Ukraine and Russia. These sample shipments do not qualify for entry under HTS subheading 9811.00.60. Accordingly, they are subject to duty and classifiable under the appropriate HTS Chapter 1 – 97 number, but are exempt from quota/visa requirements. If the value is $250 or less, an informal entry can be filed. If the value is greater than $250, but $800 or less, formal entry is required.

In addition, the Committee for the Implementation of Textile Agreements (CITA) has also issued exemptions for fashion samples that have been incorporated into this administrative message.

ACTION:

I. General Guidelines for Sample Shipments Classified under Subheading 9811.00.60

In order to satisfy the requirements of subheading 9811.00.60, the sample must be “used in the United States only for soliciting orders for products of foreign countries.” Samples imported for such uses as quality control, testing or photography do not meet the order solicitation provision, and are thus not eligible for duty/quota-free treatment under this subheading.

In each instance the mutilation must occur before importation into the U.S. and the invoice must bear the statement “MUTILATED SAMPLES – 9811.00.60” before importation into the United States. Samples can not be mutilated or the mutilated sample statement can not be added to the invoice after the samples have arrived into the United States.

A. Requirements for Samples Entered as 9811.00.60 – Valued at not more than $1 each or marked or mutilated.

Subheading 9811.00.60 provides for samples valued at not more than $1 each. The value claimed should be a realistic value that represents the actual cost of the article plus the cost of mutilation.

Samples valued at more than $1 each may be classified under subheading 9811.00.60 provided that they are marked, torn, perforated or otherwise treated so as to make them unsuitable for resale.

B. Requirements for Samples Entered as 9811.00.60 – Mutilated garment samples

In order for the mutilation requirement to be satisfied through marking, the word “SAMPLE” must be in a contrasting color to the garment and must appear on a prominent area of the garment which will be visible when worn. The word “SAMPLE” must be at least one inch in height and two inches in length and written in indelible ink or paint. Indelible markings are defined as those markings that cannot be erased or obliterated.

Mutilation may also be achieved by making a cut or tear in the garment. The cut or tear must be at least two inches in length and must be made to the outside of the garment. The cut or tear must be visible and cannot be on a seam or border.

If a garment is in a smaller size, i.e., infant’s wear, the marking, cut or tear may be smaller than the minimum sizes defined above.

A garment sample may also be mutilated by punching or cutting a hole on the outside of the garment in a prominent area. The hole must be at least one inch in diameter, or approximately the size of a U.S. quarter, and must be placed in an area where it cannot be covered by an emblem or a patch.

C. Requirements for Samples Entered as 9811.00.60 – Mutilated fabric samples

Continuous Lengths or Rolls Not Exceeding Two Yards in Length
Continuous lengths or rolls of fabric may be marked or perforated with the word ”SAMPLE” at intervals of one-half yard for the entire length. The sample piece may measure no more than two yards in total length. The size of the word “SAMPLE” must be at least one inch high and 5 inches long and must be placed at a perpendicular angle across the front or face of the fabric. If marking is used, it must be indelible and in contrasting color to the fabric.

Swatches
Fabric swatches of a maximum size of eight inches by eight inches may be entered under 9811.00.60 without mutilation. Any swatches larger than eight inches square require either a cut, a hole, or marking in the main body of the swatch. A cut must be at least one inch in length. If a hole is punched, it must be at least one inch in diameter. If the fabric swatch is marked, the word “SAMPLE” must be at least one inch in length and two inches in height, and must be in indelible ink or paint in a contrasting color to the swatch.

D. Requirements for Samples Entered as 9811.00.60 – Mutilated yarn samples

Due to the fragility of yarn, sample mutilation may be achieved through marking the cone with the word “SAMPLE” in indelible ink in letters at least one inch high and five inches long. The marking must appear in contrast to the background of the cone. The sample must comprise only a partial cone of yarn.

II. General Guidelines for Properly Marked Commercial Sample Shipments in
Chapters 1 – 97

In order to meet the requirements for Properly Marked Commercial Sample Shipments, the shipment must be valued at $800.00 or less and the goods must be marked as indicated below. This is a more lenient option that allows samples to be entered for photography, modeling, or other similar purposes.

A. Requirements for Properly Marked Commercial Sample Shipments of Garments

The inside of the garment must be indelibly stamped with the word “SAMPLE.” The word “SAMPLE” must be in a contrasting color to the garment, near the country of origin label. The size of the word “SAMPLE” must be at least one inch in height.

If the garment is transparent or incapable of being marked (such as briefs, bikinis, hosiery, sheer, or very thin garments, etc.), a fabric label with the words “SAMPLE – NOT FOR RESALE” may be conspicuously and permanently affixed to the article. The label must be least 2 ½ inches by ½ inch, in close proximity to the country of origin label.

B. Requirements for Properly Marked Commercial Sample Shipments of Fabrics
and Fabric Swatches

Fabrics (continuous lengths or rolls) or fabric swatches must be marked with the word “SAMPLE” at intervals of one-half yard (every 18 inches) for the entire length. The total length of the sample piece may measure no more than two yards in total length. The size of the word “SAMPLE” should be in one-inch block lettering and be placed at a diagonal angle across the back of the fabric and in a contrasting color to the fabric.

III. Disqualifications from Classification under (I.) Mutilated Samples or (II.) Properly Marked Commercial Samples

A. If an importer has allowed commercial samples to be sold into the commerce of
the United States as a regular commercial shipment, the importer and any company to which it is related to (as defined in 19CFR152.102(g)) can be prohibited from importing commercial sample shipments, as well as be subject to any appropriate penalty action. Furthermore, the importer must obtain the appropriate visa or visa waiver for all future entries of commercial or mutilated sample shipments.

B. Two or more properly marked commercial sample shipments are allowed to
arrive on the same conveyance to the same importer (or to a related importer as defined in 19CFR152.102(g)), even when manufactured or produced in the same country, provided the merchandise is not from the same supplier. The commercial sample markings for any of these combined shipments must be strictly adhered to and any evidence of safeguard or quota/visa circumvention can result in seizure and/or penalty action. The burden of proof in those particular instances is on the importer in those particular instances to show that these articles are commercial samples and are not for resale.

C. A properly marked commercial sample shipment will not be combined with a regular commercial shipment for entry purposes.

IV. General Guidelines for Fashion Samples

Merchandise that is subject to China quota and merchandise from non-WTO countries where the United States has retained a bilateral visa arrangement may qualify as “fashion samples” provided that they meet all the following conditions: 1) accompany a buyer returning to the United States, 2) were purchased at the retail level, 3) include not more than a single article in a particular style or color, and 4) include not more than 24 pieces total. Mail and cargo shipments are not eligible for treatment as fashion samples. Qualifying fashion samples are exempt from quota and visa restrictions. However, they are subject to duty and classifiable under Chapters 1 –97.

A. Requirements for Fashion Samples

Shipments of qualifying fashion samples must be identified by the Special Program Indicator (SPI) “M.” Each article must be legally marked with the country of origin. There are no additional separate mutilation or marking requirements for fashion samples

U.S. Customs and Border Protection Officers Thwart Human Smuggling Attempt

keeton — Tue, 09 May 2006 02:19:44 +0000

BUFFALO, NY- U.S. Customs and Border Protection (CBP) Officers apprehended two Guyanese nationals as they attempted to enter the United States illegally as stowaways aboard an inbound commercial truck. CBP Officers using gamma-imaging technology discovered the two individuals hiding in a container of Styrofoam trays.

On March 29, 2006, at 12:30 a.m., Mootilan Ramphal, a Trinidadian national with Landed Immigrant Status in Canada, applied for entry into the United States at the Peace Bridge Port of Entry. Ramphal presented a manifest and invoice for Styrofoam trays and window hardware. CBP officers selected the shipment for a secondary enforcement exam. During the course of the inspection, CBP officers utilized the Vehicle and Cargo Inspection System (VACIS), a passive, non-intrusive inspection (NII) device employing gamma-ray technology to produce a high-resolution image of the conveyance’s contents (see photo below). The scan produced anomalies consistent with that of stowaways in the nose of the container. A physical inspection of the container resulted in the discovery of two Guyanese nationals commingled within the legitimate freight. Both individuals were taken into custody without incident.

The two individuals were identified as Bramhadaut Prashad and Debra Appadu, both Guyanese nationals without proper documentation to enter or remain in the United States. Both subjects were arrested on federal charges of illegal entry and conspiracy. Ramphal was arrested on federal charges of alien smuggling. “All three individuals were turned over to agents from Immigration and Customs Enforcement for further investigation and prosecution by the United States Attorney’s office,” stated James Engleman, director, Field Operations for CBP Buffalo Field Office.

NII systems use advanced imaging and density-detecting technologies in the evaluation of the contents of trucks, containers, cargo, and passenger vehicles to determine the possible presence of many types of contraband. CBP in the Port of Buffalo, as well as many ports throughout the United States, utilize a wide variety of non-intrusive inspection systems. In addition to the mobile VACIS units, CBP Officers utilize rail gamma-imaging systems, radiation portal monitors and personal radiation detectors. “These technologically advanced tools assist CBP officers in executing their primary mission of ensuring terrorists and weapons of terror do not enter the United States,” stated Engleman.

U.S. Customs and Border Protection Explosive Detector Dog

keeton — Tue, 09 May 2006 02:19:43 +0000

‘Rocky’ Nominated for Paws to Recognize Tribute

Washington, D.C. Today, U.S. Customs and Border Protection (CBP) Acting Commissioner Deborah J. Spero announced that Rocky, a four-year-old chocolate Labrador retriever mix, and CBP Canine Officer Eva Lingenfelter were selected from over 1,100 CBP canine teams to represent CBP in the Paws to Recognize tribute to working dogs.

Rocky is an explosive detector dog at the Port of Los Angeles. Rocky’s route to CBP was like many that are part of the force. Unable to keep him, Rocky’s owner consulted with the Lake Erie Labrador Retriever Rescue. To the benefit of all Americans, the Rescue recommended Rocky for the life of a Customs and Border Protection detector dog.

“Rocky follows in the footsteps, or maybe I should say ‘paws prints’ of some very prestigious CBP canine teams,” Spero said. “The CBP dogs are great assets in our arsenal against drugs, smuggled illegal aliens, and all other illegal and prohibited items.”

The three previous CBP candidates, Jacko, Trouble, and Crazy Joe, were all voted ‘Top Dog’ winners. “All of the dogs nominated in this competition are impressive and deserving of this award for the service they do; however, Rocky has a very explosive personality and should do well in the competition,” Lingenfelter said.

After graduating from a 15-week course at the Canine Enforcement Training Center, in Front Royal, Va., in December 2003, the team headed to their duty station in California. Rocky works now searching for explosives in a variety of environments such as cargo, luggage, buildings, passengers, trains, aircraft, and land and sea containers. On an average day, Rocky screens thousands of international passengers, as well as thousands of pieces of checked and hand-carried luggage and cargo.

The Paws to Recognize program showcases the valuable contributions that thousands of professionally trained service dogs make in our daily lives. The winner of the competition will be announced in a “top dog” awards ceremony at their hometown in September.

There are more CBP canine enforcement detector dog teams working to keep our country safe than any other law enforcement agency. At a time when homeland security is a major national and international concern, CBP’s elite and highly trained canines are in the forefront of protecting our country. CBP detector dogs receive specialized training to detect and alert to odors, such as humans, narcotics, chemicals, explosives, currency, or agricultural items.

At U.S. borders and checkpoints, CBP canines can screen a vehicle in seconds and do a thorough exam in minutes. Even a cursory search by a CBP Officer would require at least 20 minutes. These dogs are also able to check packages in a fraction of the time needed by mail examiners saving time, money, and people. CBP canine officers and Border Patrol agents use these dogs to combat terrorist threats at our nation’s borders, interior checkpoints, land ports, seaports, international airports, and international mail facilities, as well as to interdict illegal immigrants and contraband.

CBP COMPLETES ACE INSTALLATION IN TEXAS AND NEW MEXICO

keeton — Mon, 08 May 2006 18:55:02 +0000

CBP COMPLETES ACE INSTALLATION IN TEXAS AND NEW MEXICO

Washington, DCOn Saturday, May 6, 2006, U.S. Customs and Border Protection (CBP) concluded installations of the Automated Commercial Environment (ACE) in Texas. All 13 land border ports in the Lone Star state, as well as two new ports in Santa Teresa and Columbus, New Mexico are now processing cargo using ACE. ACE is the commercial trade processing system being developed by CBP to enhance border security and expedite legitimate trade.

There are currently 41 ACE ports located in the states of Arizona, Michigan, Minnesota, North Dakota, Washington, Texas, and New Mexico. CBP is working diligently to finish deployment at all land-border ports.

In the next few weeks, CBP expects to complete the transition to ACE along the southern border, reaching California and one remaining port in Arizona, and then begin installations in the northeast. Eventually ACE will be rolled out for air, rail, and sea cargo processing.

”The transition to ACE in Texas and New Mexico is huge, representing more than half of our operations on the southern land border, stretching nearly 1,500 miles,” said Cargo Systems Program Office Executive Director Louis Samenfink. ”Making the switch to ACE improves border security and facilitates legitimate trade.”

Truck carriers are encouraged by CBP to establish ACE truck carrier accounts now to ensure efficient border operations when electronic manifests (e-Manifests) are eventually mandated at all land ports. The faster carriers adopt e-Manifests, the faster the border crossing process speeds up for everyone.

Time Saving System
The new electronic manifest for trucks was introduced as part of ACE, the next generation of technology designed to expedite lawful trade and enhance national border security. ACE e-Manifest for trucks is a powerful, time saving tool. Truck carriers can submit an e-Manifest through the web-based ACE Secure Data Portal or via CBP approved Electronic Data Interchange (EDI) procedures. The portal is essentially a computer screen similar to a Web site home page that connects CBP and the trade community by providing a single, integrated, on-line access point for communications and information. With a one-screen system, filing is easy and data can be stored and reused requiring less data entry time for truck carriers.

How does e-Manifest work?
When a truck approaches the primary booth, transponder technology similar to that of a toll-paying device may be used to signal the truck’s arrival. The e-Manifest is automatically retrieved along with the matching pre-filed entries and other release declarations for the CBP officer to view and process. In addition, by establishing and using an ACE portal account, carriers can track the status of their trips and generate a wide variety of reports. This enables carriers to identify trends to plan future courses of action and achieve better results for their company.

The e-Manifest capability is available at ACE ports and eventually will be coming to all ports. Parties may file e-Manifests with CBP directly at no charge. Authorized brokers, service providers, or other entities designated by the carrier may also be used to help with filings, usually for a fee.

More than 200 companies are certified to submit e-Manifests through EDI, and numerous companies are using the ACE Secure Data Portal for submission. More than 3,000 e-Manifests have been filed to date.

ACE MONTHLY DUTY COLLECTION TOPPED $500 MILLION

keeton — Fri, 05 May 2006 17:15:02 +0000

Washington, D.C. A record $510.6 million in duties and fees was collected last month by U.S. Customs and Border Protection (CBP) through the Automated Commercial Environment (ACE) monthly payment feature. This represents 25 percent of total duties and fees collected by CBP.

“ACE collections jumped more than $100 million in the April reporting period and now top $4 billion since the first monthly payment was made in July 2004,” said Louis Samenfink, executive director, CBP Cargo Systems Program Office. “This is one more example of how ACE is building momentum. I encourage members of the trade community to join the more than 2,000 importers, brokers and carriers who have established ACE accounts, and find out more about the benefits of using the ACE monthly statement and payment capabilities.”

ACE is the commercial trade processing system being developed by CBP to enhance border security and expedite legitimate trade. With participation in ACE, importers and brokers are paying duties and fees monthly, instead of on a transaction-per-transaction basis. ACE monthly statements can also streamline accounting and report processing, and provide an electronic record to trace import activities.

ACE trade benefits include:
1.        Monthly payment of duties and fees instead of on a transaction-per-transaction basis
2.        Duty payments on the 15th working day of the month for more than 45 days of interest free financial float
3.        Online tracking of trade activities through customized account views
4.        Access to more than 60 downloadable reports