The U.S. Trade Representative should name China a Priority Foreign Country because of alleged trade secret theft by the country, Democratic leaders of the House Ways and Means Committee said March 28. “We have known for some time that the Government of China does not do enough to enforce the intellectual property of U.S. innovators in China. But government-sponsored theft of trade secrets would put China in an entirely different category,” said Committee Ranking Member Sandy Levin, D-Mich., and Trade Subcommittee Ranking Member Charles Rangel, D-N.Y. in a letter sent to Acting USTR Demetrios Marantis. “Given the evidence of this egregious conduct, the corresponding damage to our businesses, and the fact that China is in breach of its [World Trade Organization] obligations, we urge you to consider designating China a Priority Foreign Country for Special 301 purposes.”
The International Trade Commission is beginning an investigation of the effects of import restraints on U.S. consumers and firms, the income and employment of U.S. workers, and the net economic welfare of the U.S., as well as the contribution of services to manufacturing. The resulting report will be the eighth update of the original report on import restraints delivered to the U.S. Trade Representative in 1993. The investigation will not assess import restraints resulting from antidumping or countervailing duty investigations, section 337 and 406 investigations, or section 301 actions, the ITC said. Comments are due by April 12, and the ITC plans a public hearing in connection with this investigation on March 19.
The Food and Drug Administration is extending until Jan. 31 the period of biennial registration renewal for foreign and foreign food facilities, it said in an update to its Q&A on food facility registration. FDA said it is taking this action because of the delay in beginning the period of registration renewal, which was required to start by Oct. 1, but did not begin until Oct. 22. The guidance said FDA is “exercising enforcement discretion” for food facilities that register during the Jan. 1-31 period, and encouraged facilities to register early.
In a June 14 warning letter recently posted to its website, the Food and Drug Administration said Chinese drug manufacturer Shijiazhuang Pharma Group Zhongnuo Pharmaceuticals Co. Ltd.’s products may not be allowed entry into the U.S. until the company renews its registration. Zhongnuo had previously been notified of its lapsed registration in an FDA letter dated March 26, but the FDA said it continued to find imports of Zhongnuo’s drugs even though the company hadn’t registered in 2011 or 2012. FDA said Zhongnuo is required to submit registration information annually by electronic means for each foreign establishment it owns or operates that is engaged in the manufacture, preparation, propagation, compounding, or processing of a drug that is imported or offered for import into the U.S. Failure to register is a prohibited act under Section 301(p) of the Food, Drug and Cosmetic Act.
The U.S. International Trade Commission released “The Year in Trade 2011,” its annual overview of the previous year's trade-related activities. The Year in Trade 2011 includes complete listings of antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases undertaken by the U.S. government in 2010. In addition, the 2011 report covers:
The Office of the U.S. Trade Representative has determined to waive certain discriminatory purchasing requirements with respect to goods and services covered by Chapter 17 of the U.S.-Korea Free Trade Agreement (KORUS), which will enter into force on March 15, 2012.
The Office of the U.S. Trade Representative has released the President's 2012 Trade Policy Agenda and 2011 Annual Report. The President’s Trade Policy Agenda for 2012 offers a survey of how the Administration will support exports and two-way trade, enforcement of U.S. rights in a rules-based trading system, and through bolstered international trade relationships. It also outlines how the U.S. will partner with developing countries to expand opportunity, U.S. trade enforcement activities, among other topics.
The Food and Drug Administration has issued an order under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring Anneri Izurieta for a period of 30 years from importing articles of food or offering such articles for importation into the U.S. FDA bases this order on Ms. Izurieta's conviction of six felony counts under Federal law for conduct relating to the importation into the U.S. of dairy products. The order is effective January 13, 2012.
On October 6, 2011, Congressman Mike Turner (R-OH) introduced the Trade Law Enforcement Act (H.R. 3112), which he states would utilize a Commerce Department complaint process to provide U.S. companies with a lower cost, less complex path to the USTR's initiation of a Section 301 investigation on market access barriers.
U.S. Trade Representative Kirk states the U.S. has submitted information to the World Trade Organization identifying nearly 200 subsidy programs that it says China has failed to notify as required under WTO rules. Information was also submitted on 50 subsidy programs in India not previously notified.