Codex SPS Standard-Setting Activities

The USDA’s Office of Trade and Foreign Agriculture Affairs (TFAA) is requesting public comments on the sanitary and phytosanitary (SPS) standard-setting activities of the Codex Alimentarius Commission (Codex). TFAA seeks comments on SPS standards under consideration and recommendations for new standards.

The official notice in the Federal Register can be found here and additional information here.

China’s Compliance with WTO Commitments

The Office of the United States Trade Representative (USTR) is seeking comments from interested parties as it prepares its annual report to Congress on China’s compliance with its World Trade Organization (WTO) accession commitments. In particular, USTR is seeking comments on commitments in the following areas:

1. Trading rights.
2. Import regulation (e.g., tariffs, tariff-rate quotas, quotas, import licenses).
3. Export regulation.
4. Internal policies affecting trade (e.g., subsidies, standards and technical regulations, sanitary and phytosanitary measures, government procurement, trade-related investment measures, taxes and charges levied on imports and exports).
5. Intellectual property rights (including intellectual property rights enforcement).
6. Services.
7. Rule of law issues (e.g., transparency, judicial review, uniform administration of laws and regulations) and status of legal reform.
8. Other WTO commitments.
9. Unresolved compliance issues that warrant review and evaluation by USTR’s China Enforcement Task Force.

The official notice in the Federal Register can be found here and additional information here.

Comments should be submitted through regulations.gov. The deadline to submit comments, requests to appear and summaries of testimony at the October 3 public hearing is September 19, 2018.

U.S. National Trade Estimate Report

NAEGA members are invited to participate in comments to the Office of the U.S. Trade Representative (USTR) regarding the publication of the annual National Trade Estimate Report on Foreign Trade Barriers (NTE Report). USTR is requesting written comments to assist the in identifying significant barriers to U.S. exports of goods and services, U.S. foreign direct investment, and the protection and enforcement of intellectual property rights for inclusion in the NTE Report. USTR will also consider responses to this notice as part of the annual review of the operation and effectiveness of all U.S. trade agreements regarding telecommunications products and services that are in force with respect to the United States.

The official notice in the Federal Register can be found here and additional information here.

Comments should be submitted through regulations.gov. The deadline to submit comments is October 30, 2018.

Russia’s Implementation of its WTO Commitments

The Office of the U.S. Trade Representative (USTR) is seeking comments from interested persons as it prepares its annual report to Congress on Russia’s compliance with its World Trade Organization (WTO) accession commitments. The Trade Policy Staff Committee (TPSC) will also convene a public hearing to assist the USTR in its preparation of this report.

In particular, USTR is seeking comments on commitments in the following areas:

1. Import regulation (e.g., tariffs, tariffrate quotas, quotas, import licenses).
2. Export regulation.
3. Subsidies.
4. Standards and technical regulations.
5. Sanitary and phytosanitary measures.
6. Trade-related investment measures (including local content requirements).
7. Taxes and charges levied on imports and exports.
8. Other internal policies affecting trade.
9. Intellectual property rights (including intellectual property rights enforcement).
11. Government procurement.
12. Rule of law issues (e.g., transparency, judicial review, uniform administration of laws and regulations).
13. Other WTO commitments.

The official notice in the Federal Register can be found here and additional information here.

Comments should be submitted by September 25, 2018. The public hearing will take place on October 4.

U.S. Corn – Peru CVD Investigation

NAEGA continues to gather and covey information to interested members regarding Peru’s recent self-initiation of a countervailing duty case against U.S. origin yellow corn. On July 24 Peru initiated an investigation into U.S. yellow corn imports under the WTO Subsidy and Countervailing Measures agreement and Peruvian law. Currently, the U.S. Trade Representative, along with the U.S. Department of Commerce (DOC), International Trade Commission (ITC) and Department of Agriculture (USDA) are coordinating a joint U.S. government (USG) response. NAEGA is closely coordinating with this USTR led team.

According to the USDA’s March 2018 Peru Grain and Feed Annual, the CVD case was initiated as a result of protests by domestic producers regarding low domestic corn prices:

“In February-March 2018, Peruvian corn producers protested low market prices for corn. They argued that imported corn is undercutting local corn prices, and are demanding that the government purchase local corn at above the market prices. The protesters were trying to repeat similar negotiations by potato producers in early 2018. These protests reveal the challenges that the government faces in adequately addressing social and production issues faced by smallholder farmers.”

USTR is anticipating that the current legal process will follow the below schedule:

• USTR schedule for Peru yellow corn CVD case

On August 6, U.S. government and industry received the following questionnaires regarding Peru’s investigation into U.S. subsidy programs.

• U.S. Government CVD Questionnaire
• U.S. Producer CVD Questionnaire

Both questionnaires are due in Spanish on September 12.

NAEGA is currently coordinating a Special Interest Group (SIG) of exporters in order to facilitate a coordinated industry response. If you are interested in joining the SIG, please contact Gary and Ryan.

Khapra Beetle Comments

The NAEGA Grades and Inspections Committee is considering a response to the North American Plant Protection Organization, which is seeking public comment on developing a harmonized North American approach to preventing the introduction, establishment and spread of khapra beetle in various pathways.

Final comments are due to NAPPO on September 30, 2018.

IPPC Draft Strategic Framework for 2020-2030

The Animal and Plant Health Inspection Service (APHIS) is inviting stakeholders to comment on the International Plant Protection Convention’s (IPPC) draft Strategic Framework for 2020-2030. A copy of the draft can be found here.

Comments should fall into one of three categories: substantial, technical, or editorial.

NAEGA members interested in contributing to comments should contact Gary or Ryan. All comments are due August 1, 2018.

Proposed additional U.S. Tariffs on imports from China – $16 billion of goods at 25 percent

The U.S. Trade Representative (USTR) is seeking public comment on the announcement of new tariffs on Chinese goods related to its Section 301 investigation into Chinese intellectual property practices. According to the Section 301 investigation, USTR has determined that the acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and detrimentally affect U.S. commerce. As a result, the President has ordered the implementation of a 25 percent tariff on an initial $34 billion of certain products from China on July 6, 2018. The proposed products to be targeted by this additional tariff can be found here. 

Following the initial implementation of tariffs on $34 billion of Chinese production, the USTR is seeking comments from U.S. stakeholders on a further $16 billion of products to be implemented at a future date. A list of these products can be found here. Public input on the proposed additional action will be accepted as follows:  

July 23, 2018: written comments submitted via regulations.gov 

July 24, 2018: Public hearing in at the  U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 beginning at 9:30 a.m. 

July 31, 2018: Submission of post-hearing rebuttal comments via regulations.gov. 

NAEGA members interested in contributing to these comments are welcome to consult with Gary or Ryan .  

Proposed additional U.S, import tariffs on imports from China – $200 billion of goods at 10 percent

The U.S. Trade Representative (USTR) is seeking public comment on the announcement of new tariffs on Chinese goods related to its Section 301 investigation into Chinese intellectual property practices. In response to China retaliatory tariffs responding to the U.S. government’s implementation of an initial tranche of 25 percent tariffs on $34 billion, the U.S. Trade Representative is seeking comments on an additional 25 percent tariff on $200 billion in Chinese goods. The list of products to be affected can be found here. Public comments regarding this proposed additional action are welcome and will be received according to the following schedule:  

August 13, 2018: Due date for filing requests to appear and a summary of expected testimony at the public hearing, and for filing pre-hearing submissions.   

August 17, 2018: Due date for submission of written comments.   

August 20–23, 2018: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission.   

September 5, 2018: Due date for submission of post-hearing rebuttal comments.  

Comments should be submitted via regulations.gov by August 17, 2018.   

NAEGA members interested in contributing to these comments should contact Gary or Ryan.   

FGIS soybean, corn and canola standards

The U.S. Agricultural Marketing Service (AMS) has announced that it will be seeking public comment on Federal Grain Inspection Service (FGIS) standards for corn, canola and soybeans. Request for comment on these standards will be published in the Federal Register on June 29, 2018, and comments will be due to AMS sixty days after the publication date.

NAEGA’s Grades and Inspections committee will be engaged to in response.   Please let use know if you are interested in contributing to NAEGA’s comments.