Business Alert – US

The U.S. International Trade Commission has instituted an investigation to examine U.S. exports of used electronic products. The products at issue include audio and visual equipment, computers and peripheral equipment, digital imaging devices, telecommunication equipment and component parts of these products, and the USITC may add other products that it deems relevant. The report will be based on a review of available data and other information, including primary data collected through a survey of enterprises engaged in exporting used electronic products from the United States. As requested by the Office of the U.S. Trade Representative, the report will cover 2011 or the latest year for which data are available and include the following information to the extent practicable.

• the type, volume and value of, and significant foreign markets for, exports of used electronic products from the United States
• the forms and activities of enterprises receiving U.S. exporters’ shipments, most common end uses of exports in the foreign market (further processing, final disposal, etc.), and the extent of cross-border, intra-firm shipments by U.S. exporters
• the characteristics of used electronic products exported from the United States, including product condition (working, non-working, re-manufacturable, refurbishable, repairable), composition of shipments (single product type, multiple product types), and the extent to which exports are processed (broken down or stripped) or remain intact prior to exportation
• the forms, activities and characteristics of domestic exporting enterprises (original equipment manufacturers, remanufacturers, refurbishers, brokers, recyclers, non-profits, etc.), including the extent to which the exporter is foreign-invested
• the relative share of sales by U.S. companies of used electronic products that are (1) exported, (2) sold to firms in the United States, (3) processed by the exporter itself and (4) disposed of by the exporter itself
• the factors affecting trade in used electronic products

The USITC will hold a public hearing in connection with this investigation on 15 May. Requests to appear at this hearing are due by 16 April and pre-hearing briefs and statements must be submitted by 30 April. Post-hearing briefs and statements are due by 22 May, and all other written submissions should be filed no later than 14 September. The USITC plans to submit its report to the USTR by 8 February 2013.

This investigation forms part of the Obama administration’s National Strategy for Electronics Stewardship, a plan unveiled 20 July 2011 to promote better management of electronics throughout product lifecycles, take specific actions to encourage a more environmentally friendly design of products, promote recycling of used or discarded electronics and advance a domestic market for electronics recycling that will protect public health and create jobs. One of the recommendations of the strategy is to improve information on trade flows of used electronic products, which are often exported to developing countries that lack the capacity to safely handle them. The strategy makes clear that the federal government is seriously concerned about the unsafe handling of used electronics in developing countries but does not impose any restrictions on e-waste exports other than those already on the books.