FROM THE OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

U.S. To Hike Tariffs 25% on $200 Billion Worth of Chinese Imports

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[Billing Code 3290-F9]

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Notice of Modification of Section 301 Action: China’s Acts, Policies, and Practices

Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of modification of action.

________________________________________________________________________

SUMMARY: In accordance with the direction of the President, the U.S. Trade

Representative (Trade Representative) has determined to modify the action being taken in this Section 301 investigation by increasing the rate of additional duty from 10 percent to 25 percent for the products of China covered by the September 2018 action in this investigation. 

DATES: The rate of additional duty will increase to 25 percent with respect to products covered by the September 2018 action on May 10, 2019.

Department of Commerce Issues CVD and AD Orders on TBT

Department of Commerce Issues Countervailing and Antidumping Orders on Truck and Bus Tires from China

 [Billing Code 3290-F9]

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Notice of Modification of Section 301 Action: China’s Acts, Policies, and Practices

Related to Technology Transfer, Intellectual Property, and Innovation

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of modification of action.

________________________________________________________________________

SUMMARY: In accordance with the direction of the President, the U.S. Trade

Representative (Trade Representative) has determined to modify the action being taken in

this Section 301 investigation by increasing the rate of additional duty from 10 percent to

25 percent for the products of China covered by the September 2018 action in this

investigation. The Trade Representative has further determined to establish a process by

which interested persons may request that particular products classified within a tariff

subheading covered by the September 2018 action be excluded from the additional

duties.

DATES: The rate of additional duty will increase to 25 percent with respect to products

covered by the September 2018 action on May 10, 2019.

FOR FURTHER INFORMATION CONTACT: For questions about this notice,

contact Associate General Counsel Arthur Tsao, Assistant General Counsel Philip Butler,

or Director of Industrial Goods Justin Hoffmann at (202) 395–5725. For questions on

customs classification or implementation of additional duties on products covered by the

September 2018 action, contact traderemedy@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION:

A. September 2018 Action

For background on the proceedings in this investigation, please see the prior

notices issued in the investigation, including 82 FR 40213 (August 23, 2017), 83 FR

14906 (April 6, 2018), 83 FR 28710 (June 20, 2018), 83 FR 33608 (July 17, 2018), 83

FR 38760 (August 7, 2018), and 83 FR 40823 (August 16, 2018).

In a notice published on September 21, 2018 (83 FR 47974), the Trade

Representative, at the direction of the President, announced a determination to modify the

action being taken in the investigation by imposing additional duties on products of

China with an annual trade value of approximately $200 billion. The rate of additional

duty initially was 10 percent. Those additional duties were effective starting on

September 24, 2018, and currently are in effect. Under Annex B of the September 21

notice, the rate of additional duty was set to increase to 25 percent on January 1, 2019. In

the September 21 notice, the Trade Representative stated that he would continue to

consider the actions taken in this investigation, and if further modifications were

appropriate, he would take into account the extensive public comments and testimony

previously provided in response to the notices published on July 17, 2018 (83 FR 33608)

and August 7, 2018 (83 FR 38760).

On September 28, 2018 (83 FR 49153), the Trade Representative issued a

conforming amendment and modification of the September 21 notice. The current notice

refers to the September 21 notice, as modified by the September 28 notice, as the

‘September 2018 action.’

On December 19, 2018 (83 FR 65198), in accordance with the direction of the

President, the Trade Representative determined to modify the September 2018 action by

postponing until March 2, 2019, the increase in the rate of additional duty to 25 percent.

The Annex to the December 19 notice, which superseded Annex B to the September 21

notice, amended the Harmonized Tariff Schedule of the United States (HTSUS) to reflect

this postponement of the increase in the rate of duty applicable to the September 2018

action.

On March 5, 2019 (84 FR 7699), in accordance with the direction of the

President, the Trade Representative determined to modify the September 2018 action by

postponing until further notice the increase in the rate of additional duty to 25 percent.

Annex B of the September 21 notice (83 FR 47974) and the Annex to the December 19

notice (83 FR 65198) were rescinded. In accordance with Annex A of the September 21

notice, the rate of additional duty under the September 2018 action remained at 10

percent until further notice.

B. Determination to Further Modify September 2018 Action

The United States is engaging with China with the goal of obtaining the

elimination of the acts, policies, and practices covered in the investigation. The leaders of

the United States and China met on December 1, 2018, and agreed to hold negotiations

on a range of issues, including those covered in this Section 301 investigation. See

https://www.whitehouse.gov/briefings-statements/statement-press-secretary-regardingpresidents-working-dinner-china/.

Since the meeting on December 1, the United States

and China have engaged in additional rounds of negotiation on these issues, including

meetings in March, April, and May of 2019. In the most recent negotiations, China has

chosen to retreat from specific commitments agreed to in earlier rounds. In light of the

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lack of progress in discussions with China, the President has directed the Trade

Representative to increase the rate of additional duty to 25 percent.

Section 301(b) of the Trade Act of 1974, as amended (Trade Act), provides that

the Trade Representative “shall take all appropriate and feasible action authorized under

[Section 301(c)] to obtain the elimination of [the] act, policy, or practice [under

investigation].” Section 307(a)(1) of the Trade Act authorizes the Trade Representative to

modify or terminate any action being taken under Section 301, subject to the specific

direction, if any, of the President if “the burden or restriction on United States commerce

. . . of the acts, policies, and practices, that are the subject of such action has increased or

decreased, or such action is being taken under Section [301(b)] of this title and is no

longer appropriate.” In light of the lack of progress in the additional rounds of

negotiations since March 2019, and at the direction of the President, the Trade

Representative has determined that it is appropriate for the rate of additional duty under

the September 2018 action to increase to 25 percent on May 10, 2019.

The Trade Representative’s decision to modify the September 2018 action takes

into account the extensive public comments and testimony, as well as advice from

advisory committees, concerning the actions proposed in the notices issued in advance of

the September 2018 action (83 FR 33608 and 83 FR 38760). Those notices, among other

things, requested comments on whether the rate of additional duties should be 10 percent

or 25 percent. The Trade Representative’s decision also reflects the advice of the

interagency Section 301 Committee.

The Annex to this notice amends the Harmonized Tariff Schedule of the United

States to provide that the rate of additional duties for the September 2018 action will

increase to 25 percent on May 10, 2019.

Pursuant to Sections 301(b), 301(c), 304(a), and 307(a) of the Trade Act, the

Trade Representative has determined that the Office of the United States Trade

Representative (USTR) will establish a process by which interested persons may request

that particular products classified within an HTSUS subheading covered by the

September 2018 action be excluded from the additional duties. USTR will publish a

separate notice describing the product exclusion process, including the procedures for

submitting exclusion requests, and an opportunity for interested persons to submit

oppositions to a request.

ANNEX

Effective with respect to goods (i) entered for consumption, or withdrawn from

warehouse for consumption, on or after 12:01 a.m. eastern daylight time on May 10,

2019, and (ii) exported to the United States on or after May 10, 2019, subchapter III of

chapter 99 of the Harmonized Tariff Schedule of the United States is modified:

1. by amending U.S. Note 20(e) to subchapter III of chapter 99 by deleting “10 percent”

each place that it appears, and inserting “25 percent” in lieu thereof;

2. by amending U.S. Note 20(g) to subchapter III of chapter 99 by deleting “10 percent”

each place that it appears, and inserting “25 percent” in lieu thereof;

3. by amending the Rates of Duty 1-General column of heading 9903.88.03 by deleting

“10%”, and inserting “25%” in lieu thereof; and

by amending the Rates of Duty 1-General column of heading 9903.88.04 by deleting

“10%”, and inserting “25%” in lieu thereof.

Joseph Barloon

General Counsel

Office of the U.S. Trade Representative.

[FR Doc. 2019-09681 Filed: 5/8/2019 8:45 am; Publication Date: 5/9/2019]


U.S.I.T.C. reverses opinion

U.S. International Trade Commission reverses opinion on truck and bus tires from China

 Madison, TN (February 04, 2019)
 

Dear retread industry member, as you know back 2016-early 2017, the U.S. government conducted both an antidumping and a countervailing duty investigation onimported truck and bus tires from China.  While significant dumping and subsidies were found by the U.S. Department of Commerce, the U.S. International Trade Commission, in a 3-2 vote, found that the domestic industry was not materially injured or threatened with material injury.  As a result, no antidumping duty or countervailing duty order was entered. Imports from China soared in 2018.
 

The United Steel Workers Union, the petitioner in the original investigation, filed a judicial challenge in the U.S. Court of International Trade in early 2017.  The court issued a decision last fall and remanded the final determination of the International Trade Commission to it to reconsider one of the issues in its original determination.  The agency was required to submit its remand determination back to the court by January 30th, 2019.  The remand determination is a 3-2 affirmative determination, which is obviously very good news.
 

However, the matter is now back before the U.S. Court of International Trade for additional briefing based on the remand determination with a decision not likely till summer at the earliest.  If the court affirms the remand determination and issues a final judgment in the matter, then the Commerce Department should issue antidumping and countervailing duty orders and start collecting cash deposits on imports from China.  This would be true even if any party takes an appeal to the U.S. Court of Appeals for the Federal Circuit.  If the court has problems with one or more parts of the remand determination, then the court will send the case back to the US International Trade Commission for further review/consideration.
 

We obviously have a keen interest in seeing imports from China traded fairly as the imports affect retreaders as well as new tire producers. This latest development is an important one but will not result in any change in the marketplace until there is a final decision by the U.S. Court of International Trade. We are monitoring developments and will advise of any important events.
 

We should continue to update our Senators and Representatives on the importance to the retread market, of the need to ensure that US trade remedy laws remain strong and effective, and that it is to the public’s interest to have political appointments reviewed promptly and, if not rejected, confirmed that all government agencies have the personnel needed to function at full workforce levels.

This is true at USDOC (Assistant Secretary for Enforcement and Compliance has been pending for more than a year and has been renominated since the start of the new Congress), at USITC (two nominees from the 115th Congress have been renominated in January 2019), and in the relevant courts (two nominees for the US Court of International Trade have been renominated in January 2019).  It is helpful to us to have government fully staffed. Filling vacancies promptly this year is important.
 

Meanwhile, continue to promote retreading as much as you can.
RETREAD INSTEAD! 

Retread Instead® Applauds the USCIT Decision

  

Madison, TN (November 01, 2018) 

On November 1, 2018, the U.S. Court of International Trade remanded the negative U.S. Court of International Trade injury determination on truck and bus tires from China. The USITC will now review the USCIT decision and the underlying record as it considers how to proceed. The court has given the Commission time to conduct the remand. 

Effective enforcement of U.S. trade remedy laws is very important to the U.S. retread industry. Retreading commercial truck tires in the United States is a 3 billion dollar industry that has significant economic & environmental benefits to our nation. There are well over 100,000 U.S. jobs in retreading and related industries that are being threatened by the importation of non retreadable truck and bus tires from China that are sold at below fair market value. 

Retread Instead®  is a coalition of retread industry supporters that was created to enhance the awareness of the environmental and economic benefits of retreading throughout North America. 

Retread Instead® supports imposing tariffs, antidumping duties (AD) and countervailing duties (CVD) on commercial Chinese truck and bus tires that are imported into the United States because, China is a “non-market economy” that dumps low quality non-retreadable truck tires into the U.S below fair market value thus undermining the retread industry.

Contact: Ron Elliott

Retread Instead ®

708 Myatt Drive

Madison, TN 37115

E-mail: retread@retreadinstead.net 

Website: www.retreadinstead.net 

Check out this great video

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USTR Finalizes Tariffs on $200 Billion of Chinese Imports in Response to China’s Unfair Trade Practices

 

Washington, DC – As part of the United States’ continuing response to China’s theft of American intellectual property and forced transfer of American technology, the Office of the United States Trade Representative (USTR) today released a list of approximately $200 billion worth of Chinese imports that will be subject to additional tariffs.  In accordance with the direction of President Trump, the additional tariffs will be effective starting September 24, 2018, and initially will be in the amount of 10 percent.  Starting January 1, 2019, the level of the additional tariffs will increase to 25 percent. 

News

Retread Instead Lobbies Federal Lawmakers and Regulators

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Supporters of the Retread Instead coalition lobbied lawmakers and regulators on behalf of the retreading industry on June 20, 2018.

The group of seven retreading industry leaders were participating in the Tire Industry Association’s (TIA) 2018 federal lobby day.

Retread Instead supporters began the day at the American Trucking Associations office with a federal agency briefing that included several representatives from the Department of Transportation.

The group then went to the Russell, Dirksen and Hart Senate office buildings where TIA had pre-arranged appointments. Retread Instead supporters had 30-minute meetings with staff at the following Senator offices; Lamar Alexander (R - TN), Bob Corker (R - TN), Kirsten Gillibrand (D - NY), Tim Kaine (D - VA), Rand Paul (R - KY), Marco Rubio (R - FL) and Mark Warner (D - VA).

The group ran at an incredible pace to meet the tight schedule, according to Ron Elliott, marketing and communications manager for Marangoni Tread North America Inc. and Retread Instead spokesperson.

Although the faces and offices changed, the message to maintain a full complement of commissioners at the United States International Trade Commission at all times stayed the same.The group also emphasized the need for a tariff on commercial truck and bus tires that are imported from China and stressed the economic and environmental benefits of retreading as opposed to the “one and done” tires that end up in our landfills.

“We were met at each meeting with enthusiasm and a thirst for additional knowledge of what retreading is and how it benefits our economy as well as the environment,” says Elliott.

“Our goal was to garner support and momentum for our cause and that we did! At each office we gained additional contacts and information that will help us concentrate our efforts towards the Senate Finance committee where at this time the nominees are waiting in que to be approved prior to moving on to the Senate for a full vote.”

Gene Walker of Premier Rubber Co. noted that it was imperative to point out in every meeting that retreading is recycling and 100% of the waste stream generated by retreading a tire is recycled into value added products.

For example, retreading a tire provides 10-13 pounds of raw material for children's playground safety surfaces. “With a limited supply available due to the reduction in retreading because of the influx of cheap Chinese nonretreadable tires, this translates to a higher cost and lower quality alternative being used. We learned firsthand what it takes to change anything in Washington and were given the right direction to pursue,” says Walker.


The day wrapped up with a reception in the Transportation and Infrastructure Committee Room at the Rayburn House office building. Retread Instead had a table with product and literature on display that represented retreading and related industries for the senators, congressman, and staff that attended to view. The reception’s keynote address was given by Democratic Whip Steny Hoyer (D-MD-5).

The Retread Instead supporters at TIA’s lobby day were:

  • Jeffrey Parks-California /Retread Tire Association;
  • Terry Westhafer-Virginia/Central Tire;
  • Bob Majewski-Kentucky/Sumerel Tire;
  • Ron Elliott-Tennessee/Marangoni Tread;
  • Dexter Matthews-North Carolina/Liberty Tire Recycling;
  • Gail Walker-New York/Premier Rubber Co.;
  • Gene Walker-New York/Premier Rubber Co.; and
  • Lazaro Gonzalez-Florida/Rubber Designs.

Retread Instead says it supports imposing tariffs on commercial Chinese truck and bus tires that are imported into the United States because China is a “non-market economy” that dumps low quality non-retreadable truck tires into the U.S below fair market value, thus undermining the retread industry

Gene Walker (left) and Ron Elliott (right) discussed the retreading industry with members of Congress and staff at a reception at the Rayburn House office building.

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Dear Senator Letter Campaign Planning Meeting

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From Left to Right;

Ron Elliott-Marketing Manager / Marangoni Tread N.A.,Inc. , Bill "Waz" Waerzeggers-Director of Manufacturing / Pomp's Tire Service, Tim BeVier-National Account Bus. Dev. / Tech International, Jim Osborne-Gen.Mgr. Retread Operations / McGriff Treading Co.,Inc., Gene Walker-Vice President / Premier Rubber Company, Bill Sweatman-President / Marangoni Tread N.A.,Inc., Shawn Wilkening-Vice President / Cross Dillon Tire and Hal Stuhl-Vice President Rubber Products / Accella Company. 


  

FOR IMMEDIATE RELEASE

  Retread Instead™  

Dear Senator Campaign 

Planning Meeting

Madison, TN (March 29th, 2018) 

Retread InsteadTM  (www.retreadinstead.net) (a coalition of retread industry supporters) was created to enhance the awareness of the environmental and economic benefits of retreading throughout North America. 


Because China is a “non-market economy” that dumps truck tires into the U.S below fair market value, Retread InsteadTM supports imposing tariffs, antidumping duties (AD) and countervailing duties (CVD) on commercial Chinese truck and bus tires that are imported into the United States.


At the beginning of the year, Retread InsteadTM launched a very aggressive Dear, U.S. Senator Letter Campaign and since then, hundreds of letters have been sent out to all U.S.Senators.


The campaigns main goal is to educate and inform all of our U.S. Senators the urgency of making sure that the United States International Trade Commission at all times has a full complement of commissioners to ensure fair and balanced determinations.


Prior to the launch of the campaign, the President nominated several people to the Commerce Department and three individuals for the USITC Commissioner positions.


Since the launch of the campaign, the Commerce slots have been filled (i.e., confirmation occurred) and one of the USITC commission slots has now been confirmed (swearing in on April 2) so, there are now three USITC commission nominees who have yet to have a hearing.


With nominees still waiting in the wings, Retread Instead decided to invite several industry leaders to a round table planning meeting to gain support and resources to supercharge the campaign.


Marangoni Tread N.A., Inc. hosted the meeting at their North American headquarters in Madison, TN. and was attended by representatives from Premier Rubber Company, Tech International, McGriff Tire, Cross Dillon Tire, Marangoni Tread, Pomp’s Tire Service and Accella Corporation. 


The attendees were informed at the beginning of the meeting that antitrust laws applied and the only discussion would be that of the Retread Instead campaign. The agenda included topics such as; Our administrations trade policy, website recommendations, update on Europe’s progress in getting Chinese tires stopped but, most importantly, the need to rapidly expand the scope of support for the letter writing campaign as soon as possible.


“The meeting was a success and a unanimous decision was made to first and foremost zero in on the main goal of ensuring a full complement of commissioners well in advance of a possible ruling by the United States Court of International Trade on the appeal that the United Steel Workers Union filed. With the group’s collective resources, contacts and willingness to spread the word, we should see tens of thousands of letters going out to our U.S. Senators very soon. We cannot stop there and are calling on all of our industry brothers and sisters to take a stand and show their support by sending letters now. ” Said, Retread Instead Spokesperson Ron Elliott


To show your support! please go to https://retreadinstead.net/dear-senator-ltr-campaign today and review the letter then decide if you want to; Let Retread Instead send your Senator a letter on your behalf Or, download the letter and send it yourself.

Trade Update: Steel, Aluminum Tariffs Go Into Effect With Some Exemptions

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USW reply brief filed 11/28/2017 with USCIT in TBR case

Public Version 20171128 USW Reply Brief, USW v. US, Ct. No. 17-00078 (pdf)

Download
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US Congressman Jim Cooper visits MTNA in support of the Retread Instead Campaign. From left to right; Christopher Jerrolds/Legislative Assistant, Bill Sweatman/President Marangoni Tread North America and, US Congressman Jim Cooper. 

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  Marangoni Tread North America Hosts U.S. Congressman Diane Black  To Promote Retreading  

Steelworkers Union Attacks ITC's Handling of Chinese Tire Tariffs

 Attorneys for the United Steelworkers have laid out their case with the ways they believe the International Trade Commission erred in February when it didn’t order tariffs on truck and bus tires from China. 

Click on link below to read the full article.

www.truckinginfo.com/news/story/2017/09/steelworkers-union-attacks-itc-s-handling-of-chinese-tire-tariffs.aspx

petition to nominate USITC Commissioner

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