Trade enforcement and trade preferences yielded mixed results in 2021, annual report says

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According to the International Trade Commission’s annual review of trade-related activities, the United States recorded mixed results for activities related to trade enforcement and trade preference programs in 2021. Trade 2021 includes information on (1) anti-dumping, countervail, safeguard, infringement of intellectual property rights, national security, and Section 301 cases, (2) how trade preference programs work, (3) important activities within the World Trade Organization. , the Organization for Economic Cooperation and Development and the Asia-Pacific Economic Cooperation forum, (4) matters of implementation and enforcement of free trade agreements, (5) bilateral trade matters with major trading partners such as the European Union, Canada, China, Mexico, Japan, the United Kingdom and India, and (5) US trade in goods and services.

Section 301. The Office of the U.S. Trade Representative opened no new Section 301 investigations, terminated digital services tax investigations involving 11 trading partners, suspended retaliation against imports from the U.S. EU in a long-running dispute over large civil aircraft subsidies and suspended further action. in the money and timber surveys for Vietnam.

AD/CV. The ITC initiated 30 new anti-dumping injury investigations (compared to 85 in 2020) and issued 21 preliminary determinations (compared to 89) and 83 final determinations (compared to 29). The Commerce Department issued 82 anti-dumping duty orders on 24 products from 37 countries (down from 21, 10, and 11).

The ITC initiated 16 new countervailing duty investigations (down from 26) and issued 11 preliminary determinations (down from 30) and 30 final determinations (down from 19). The DOC issued 30 CV duty orders on 21 products from 14 countries (down from 13, 8 and 6).

The ITC initiated 114 sunset reviews of existing anti-dumping and countervailing duty orders and suspension agreements (down from 64 previously) and completed 56 (down from 75 previously), resulting in the continued of the 56 anti-dumping and countervailing duty orders for an additional five years.

IPR infringement. There were 127 pending Section 337 investigations and ancillary proceedings (compared to 122), of which 73 were initiated in 2021. The ITC completed 67 ancillary investigations and proceedings (compared to 68 previously) and issued five general exclusion orders (down from nine), eight limited exclusion orders (down from 13) and 24 cease and desist orders (down from 63). Computer and telecommunications equipment accounted for about 28% of active procedures, followed by pharmaceuticals and medical devices at 14%, consumer electronics at 14%, and automotive, transportation and manufacturing products at 9%.

national security. The DOC instituted a new national security investigation under Section 232 regarding neodymium magnets, while an investigation into vanadium resulted in a negative determination.

GSP. Generalized System of Preferences was not in effect for all of 2021, but imports receiving duty-free treatment under GSP increased by 10.4% to $18.7 billion . These imports accounted for 9.2% of total US imports from GSP beneficiary countries (compared to 11.1%). The top three sources of imports under the GSP were Indonesia, Thailand and Cambodia.

AGOA. There were 39 Sub-Saharan African countries eligible for AGOA benefits, of which 27 were also eligible for AGOA benefits for textiles and apparel for all or part of 2021. AGOA eligibility for Ethiopia, Guinea and Mali ended on January 1, 2022.

Imports entering duty-free from AGOA beneficiary countries (including GSP) were valued at $6.7 billion, a 61.9% increase from 2020. In total, the AGOA and GSP accounted for 24.5% of total imports from AGOA beneficiary countries (up from 22.4% in 2020). 2020).

Nepal. U.S. imports from Nepal under the Nepal Trade Preferential Program totaled nearly $4 million, up nearly 60% from 2020, and accounted for 3.6% of total imports. US imports from Nepal (vs. 2.8 previously).

Caribbean. Seventeen countries and dependent territories were eligible for preferences under the Caribbean Basin Economic Recovery Act, eight of which were eligible for expanded preferences under the Caribbean Basin Trade Partnership Act. The total value of US imports under CBERA (including CBTPA) increased 18.7% to $2.2 billion. Haiti remained the main supplier of US imports under the CBERA, followed by Trinidad and Tobago, and methanol, crude oil and clothing were the main imported products. Imports under the CBERA accounted for 25.0 percent of all imports from beneficiary countries (compared to 33.9 percent).

Trade with FTA partners. The value of imports entered under FTAs ​​rose 18.7% to $417.0 billion, accounting for 43% of U.S. imports from FTA partners (up from 39% previously) and 14.8% from US imports from the world (compared to 15.0% previously). FTA imports increased from all partners except Panama. Imports entered under the USMCA increased by 17.1% while imports under the other 13 FTAs ​​combined increased by 24.5%.

A new US-Chilean work program on environmental cooperation was negotiated for the period 2021-24 and a new environmental cooperation action plan was negotiated with Singapore. Guatemala published a single customs tariff that resolved long-standing issues regarding tariff classification and preferential access for the United States in that country. The United States and Morocco have agreed to use self-attestations to respond to requests from the Moroccan government for additional documentation on U.S. exports of beef and beef products. The Colombian government announced that its investigation into US dairy imports found no evidence to warrant safeguard measures.

WTO Dispute Settlement. WTO members filed nine new requests for dispute settlement consultations, down from five in 2020, but still the second-lowest number since the WTO was established in 1995. For the first time, member states Unis was not a plaintiff or defendant in any of these cases. .

Other. A trade and investment framework agreement with Paraguay has entered into force. The United States launched the US-EU Trade and Technology Council and relaunched the US-India Trade Policy Forum.

Copyright © 2022 Sandler, Travis & Rosenberg, Pennsylvania; WorldTrade Interactive, Inc. All rights reserved.

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