Search

3.14. (...) The misclassification of goods and missing or fake country of origin markings are the other most significant categories of violations. CBP also coordinates with other government agencies on enforcement of laws on safety, consumer protection, and health matters, so as to streamline federal efforts and inspections.[18]
[18] Through the Commercial Targeting and Analysis Center (CTAC), CBP has memoranda of understanding (MOUs) with the following federal agencies: (...), Environmental Protection Agency (EPA), Fish and Wildlife Service (FWS), (...), National Marine Fisheries Services (NMFS), and Pipeline and Hazardous Materials Safety Administration (PHMSA).

Table 3.3 Customs and Border Protection (CBP) enforcement statistics, FY2018-21
Wildlife trafficking violation seizures: FY2018 - ...; FY2019 - 595; FY2020 - 346; FY2021 - 531.

Table 3.11 Excise taxes, 2022
Category/Fund - Ozone-depleting chemicals
Amount/rate - USD 1.435 – USD 143.50/lb
Revenues (USD million): FY2019 - .. F Y2020 - ..

3.59. Customs and Border Protection (CBP) is responsible for enforcing laws on behalf of other agencies that restrict or otherwise prohibit importation of a number of goods, often to protect human, animal, plant life and health, or to conserve exhaustible natural resources. (...). Many of the measures are codified in CBP statutes (19 C.F.R. Part 12 – Special classes of merchandise), contained in various trade legislation, i.e. the Tariff Act of 1930, as amended, or in legislation of other agencies, e.g. the Clean Air Act. A few new measures were put in place or amended during the review period.

3.60. The American Innovation and Manufacturing (AIM) Act of 2020 (42 U.S.C. 7675) contains provisions for the phasedown of production and consumption of hydrofluorocarbons (HFCs) by 85% by 2036. As of 1 January 2022, entities are required to expend allowances established by the Environmental Protection Agency (EPA) when HFCs are produced and imported, with limited exceptions. New regulations setting up the allocation and trading program have recently been issued and provide for 3.60. The American Innovation and Manufacturing (AIM) Act of 2020 (42 U.S.C. 7675) contains provisions for the phasedown of production and consumption of hydrofluorocarbons (HFCs) by 85% by 2036. As of 1 January 2022, entities are required to expend allowances established by the Environmental Protection Agency (EPA) when HFCs are produced and imported, with limited exceptions. New regulations setting up the allocation and trading program have recently been issued and provide for producers and importers to receive allowances based on their historical production and import volumes; a set-aside pool is also being created for a limited set of entities.

3.62. In April 2020, the National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service imposed import restrictions on shrimp and other fish and fish products caught in the Upper Gulf of California due to unsustainable bycatch of vaquita, a species of porpoise on the brink of extinction. The restrictions were imposed under the Marine Mammal Protection Act (MMPA), which includes provisions to reduce marine mammal bycatch associated with fisheries that supply imports to the United States. Specifically, the MMPA requires that the United States ban imports of commercial fish or fish products caught in commercial fisheries resulting in the accidental killing or serious injury (bycatch) of marine mammals in excess of U.S. standards.

3.64. In October 2021, the United States and the European Union issued a joint statement announcing, inter alia, that they were resolved to negotiate future arrangements for trade in steel and aluminum that take account of both global non-market excess capacity and the carbon intensity of these industries (Section 2.3.3). [98] Thus, steel and aluminum Section 232 tariffs were replaced with a TRQ for EU imports as of 1 January 2022 with volumes based on historical trade levels. (...)
[98] USTR (2021), Fact Sheet: U.S. – EU Arrangements on Global Steel and Aluminium Excess Capacity and Carbon Intensity, 31 October. Viewed at: https://ustr.gov/about-us/policy-offices/press-office/fact-sheets/2021/october/fact-sheet-us-eu-arrangements-global-steel-and-aluminium-excess-capacity-and-carbon-intensity.

Table 3.13 Anti-circumvention determinations made 1 January 2018 31 January 2022
Case - A-570-051 and C-570-052: Hardwood Plywood from China
Determination - Certain plywood products with a Toxic Substances Control Act (TSCA) or California Air Resources Board (CARB) label and made with a resin, exported from China, circumvent the AD and CV duty orders; 22 November 2019.

3.102. Between 1 January 2018 and 31 January 2022, Department of Commerce (USDOC) made 169 final scope rulings. Several of the cases involved both AD and CVD orders; all the cases involved at least one AD order. In some cases, the same order was the subject of more than one investigation/ruling. (...). Other scope rulings dealt with wood products, chemicals, photovoltaic products, (...).

[Crystalline silicon photovoltaic cells]
3.124. A safeguard investigation regarding certain crystalline silicon photovoltaic (CSPV) cells and modules (collectively, CSPV products) was initiated by the USITC in May 2017. [166] On 23 January 2018, the President signed a proclamation imposing a safeguard measure on imports of CSPV products. [167] The measure was notified to the WTO, and went into effect for four years, beginning on 7 February 2018. The measure took the form of: (i) a duty-free tariff rate quota on imports of solar cells not partially or fully assembled into other products, with unchanging within quota quantities; and (ii) an increase in duties from 0% to 30% on imports of out-of-quota CSPV cells and of modules, with annual reductions in the rates of duty in the second, third, and fourth years (up to 15%). In September 2018, the United States notified to the WTO its decision to exclude some products from the measure. In June 2019, the United States notified its decision to exclude other particular products from the safeguard measure. In October 2019, the United States notified its decision to withdraw the exclusion of bifacial solar panels from the safeguard measure. In February 2020, USITC submitted a mid term report on developments in the domestic industry.[172] In March 2020, USITC issued an additional report regarding the probable economic effect on the domestic CSPV cell and module manufacturing industry of modifying the safeguard measure to increase the level of the TRQ on CSPV cells. [173]
[166] These comprise CSPV cells assembled into modules or panels (HTSUS 8541/40/6020), CSPV cells not assembled into modules (8541/40/6030), inverters or batteries with CSPV cells attached (8501.61.00 and 8507.20.80, respectively), and DC generators (8501.31.80).
[167] Proclamation 9693 of 23 January 2018, To Facilitate Positive Adjustment to Competition from Imports of Certain Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products) and for Other Purposes, Federal Register (2018), Vol. 83, No. 17, 25 January, pp. 3541 3551. Viewed at: https://www.govinfo.gov/content/pkg/FR-2018-01-25/pdf/2018-01592.pdf.
[172] WTO document G/SG/N/10/USA/7/Suppl.9, 20 February 2020. The report can be found in: USITC (2020), Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled Into Other Products: Monitoring Developments in the Domestic Industry, Investigation No. TA-201-075 (Monitoring), Publication 5021, February. Viewed at: https://usitc.gov/publications/other/pub5021.pdf.
[173] USITC (2020), Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled Into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure, Investigation No. TA-201-075 (Modification), Publication 5032, March. Viewed at: https://usitc.gov/publications/other/pub5032.pdf.