Friday, July 3, 2020
Wednesday, July 1, 2020
The U.S. Department of State, along with the U.S. Department of the Treasury, the U.S. Department of Commerce, and the U.S. Department of Homeland Security issued a business advisory to caution businesses about the risks of supply chain links to entities that engage in human rights abuses, including forced labor, in the Xinjiang Uyghur Autonomous Region (Xinjiang) and elsewhere in China.
The People’s Republic of China (P.R.C.) government continues to carry out a campaign of repression in Xinjiang, targeting Uyghurs, ethnic Kazakhs, ethnic Kyrgyz, and members of other Muslim minority groups.
The advisory highlights the risks for businesses with supply chain links to entities complicit in forced labor and other human rights abuses in Xinjiang and throughout China. The three primary types of supply chain exposure to entities engaged in human rights abuses discussed in this advisory are:
- Assisting in developing surveillance tools for the P.R.C. government in Xinjiang;
- Relying on labor or goods sourced in Xinjiang, or from factories elsewhere in China implicated in the forced labor of individuals from Xinjiang in their supply chains, given the prevalence of forced labor and other labor abuses in the region; and
- Aiding in the construction of internment facilities used to detain Uyghurs and members of other Muslim minority groups, and/or in the construction of manufacturing facilities that are in close proximity to camps operated by businesses accepting subsidies from the P.R.C. government to subject minority groups to forced labor.
Businesses with potential exposure in their supply chain to entities that engage in human rights abuses in Xinjiang or to facilities outside Xinjiang that use forced labor from Xinjiang in the manufacture of goods intended for domestic and international distribution should be aware of the reputational, economic, and legal risks of involvement with such entities.
In order to mitigate reputational and other risks, businesses should apply appropriate industry due diligence policies and procedures.
On June 26, 2020, the Office of the U.S. Trade Representative published in the Federal Register (85 FR 38488) notice that it is conducting a review of the action being taken in the Section 301 investigation involving the enforcement of U.S. World Trade Organization (WTO) rights in the Large Civil Aircraft dispute. In connection with this review, the U.S. Trade Representative is considering modifying the list of products of certain current or former European Union (EU) member States that currently are subject to additional duties. Annex I to this notice contains the list of products currently subject to additional duties. Annex II contains a list of products, originally published in the April and July 2019 notices in this investigation, under consideration but not currently subject to additional duties. Annex III contains a new list of products being considered for imposition of additional duties. The Office of the United States Trade Representative (USTR) requests comments with respect to whether products listed in Annex I should be removed from the list or remain on the list; whether the rate of additional duty on specific products should be increased, up to a level of 100 percent; whether additional duties should be imposed on specific products listed in Annex II or Annex III; and on the rate of additional duty of up to 100 percent to be applied to any products drawn from Annex II or Annex III. On June 26, 2020, USTR is opening an electronic portal for submission of comments regarding the review of the action.
Comments are due by July 26, 2020.
Currently textile products of the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:
|HTS||Subheading Product Description|
|6110.11.00||Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of wool|
|6110.12.10||Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of Kashmir goats, wholly of cashmere|
|6110.20.20||Sweaters, pullovers and similar articles, knitted or crocheted, of cotton, nesoi*|
|6110.30.30||Sweaters, pullovers and similar articles, knitted or crocheted, of man-made fibers, nesoi|
|6202.99.15||Recreational performance outwear, women's/girls' anoraks, wind-breakers & similar articles, not knitted or crocheted, of other textile materials (not wool, cotton or MMF), containing <70 percent by weight of silk|
|6202.99.80||Women's/girls' anoraks, wind-breakers & similar articles, not knitted or crocheted, of other texile materials (not wool, cotton or MMF), containing <70% by weight of silk,|
|6203.11.60||Men's or boys' suits of wool, not knitted or crocheted, nesoi, of wool yarn with average fiber diameter of 18.5 micron or less|
|6203.11.90||Men's or boys' suits of wool or fine animal hair, not knitted or crocheted, nesoi|
|6203.19.30||Men's or boys' suits, of artificial fibers, nesoi, not knitted or crocheted|
|6203.19.90||Men's or boys' suits, of textile mats(except wool, cotton or MMF), containing under 70 percent by weight of silk or silk waste, not knit or crocheted|
|6208.21.00||Women's or girls' nightdresses and pajamas, not knitted or crocheted, of cotton|
|6211.12.40||Women's or girls' swimwear, of textile materials(except MMF), containing 70% or more by weight of silk or silk waste, not knit or crocheted|
|6211.12.80||Women's or girls' swimwear, of textile materials(except MMF), containing under 70% by weight of silk or silk waste, not knit or crocheted|
|6301.30.00||Blankets (other than electric blankets) and traveling rugs, of cotton|
|6301.90.00||Blankets and traveling rugs, nesoi|
|6302.21.50||Bed linen, not knit or crocheted, printed, of cotton, cont any embroidery, lace, braid, edging, trimming, piping or applique work, n/napped|
|6302.21.90||Bed linen, not knit or croc, printed, of cotton, not cont any embroidery, lace, braid, edging, trimming, piping or applique work, not napped|
NESOI means Not Elsewhere Specified or Included.
Addition tariffs, up to 100%, are being considered for several textile articles from Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
On July 1, 2020, U.S. Customs and Border Protection published in the Federal Register (85 FR 39690) Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Uniform Regulations Regarding Rules of Origin.
This interim final rule is effective on July 1, 2020; comments must be received by August 31, 2020.
Ambassador Lighthizer Celebrates USMCA’s Entry Into Force Today Landmark trade agreement fulfills core Trump promise to end job-killing NAFTA
Washington, DC – The United States-Mexico-Canada Agreement (USMCA) enters into force today, replacing the job-killing NAFTA failure and fulfilling a core promise President Trump made to the American people.
The USMCA, which President Trump successfully negotiated in 2018, rebalances trade between the three countries and will lead to significant economic and job growth in the United States.
At President Trump's direction, U.S. Trade Representative Robert Lighthizer worked closely with Congress to win overwhelming bipartisan approval of the USMCA.
Ambassador Lighthizer issued the following statement about USMCA’s entry into force:
"Today marks the beginning of a new and better chapter for trade between the United States, Mexico and Canada – just as President Trump promised he would deliver for the American people.
"From day one of his Administration, President Trump has changed the focus of America's trade policy away from what is best for big, multi-national corporations to instead what is best for America's workers, farmers and ranchers. That's a monumental change. His success in creating a bipartisan consensus on this new model for trade policy -- in spite of the establishment critics who said it couldn't be done -- is truly remarkable.
"The USMCA contains significant improvements and modernized approaches that will deliver more jobs, stronger worker protections, expanded market access, and greater opportunities to trade for companies large and small. We have worked closely with the governments of Mexico and Canada to ensure that the obligations and responsibilities of all three nations under the agreement have been met, and we will continue to do so to ensure the USMCA is enforced.
"The recovery from the Covid-19 pandemic demonstrates that now, more than ever, the United States must stop the outsourcing of jobs and increase our manufacturing capacity and investment here at home. With the USMCA's entry into force, we take another giant step forward in reaching this goal and advancing President Trump's vision for pro-worker trade policies."
Locally, here in Boston, at ten o'clock on the morning of July 4, the Captain Commanding of the Ancient and Honorable Artillery Company of Massachusetts reads the Declaration of Independence from the balcony of the Old State House in Boston, just as it was first read in Boston on July 18, 1776. Yes, back in the Revolutionary (before E-mail) Period it could take two weeks to get a document from Philadelphia to Boston.
The memorable words of the Declaration:
We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness,
punctuate one scene in a sweeping drama of history going back thousands of years.
Liberty and equality before law can be traced back to the Great Charter of England (Magna Carta), signed by King John over 800 years ago, on June 15, 1215, which declared:
No free man shall be seized or imprisoned, or stripped of his rights or possessions except by the lawful judgment of his equals or by the law of the land.
And that medieval declaration of rights echoes an earlier act in the drama of freedom. In the Institutes of the Roman Emperor Justinian (A.D. 535) we read:
The precepts of the law are these: to live honestly, to injure no one, and to give every man his due. Freedom, from which men are called free, is a man's natural power of doing what he pleases, so far as he is not prevented by force or law: Slavery is an institution of the law of nations, against nature subjecting one man to the dominion of another.
A thousand years earlier, Pericles (439 B.C.) said of Democratic Athens:
Our constitution favors the many instead of the few; this is why it is called a democracy. If we look to the laws, they afford equal justice to all.
And our founding fathers, who threw off allegiance to King George, must have agreed with the words of the Hebrew prophet Samuel who, half a millennium before Pericles warned the people that asked of him a king.
This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, for his chariots. And he will appoint him captains over thousands, and captains over fifties; and will set them to reap his harvest, and to make his instruments of war, and instruments of his chariots. And he will take your fields, and your vineyards, and your olive yards, even the best of them. And he will take the tenth of your seed, and of your vineyards, and give to his officers, and ye shall be his servants. And ye shall cry out in that day because of your king which ye shall have chosen you. --1 Samuel Chapter 8.
With the Chinese Communist Part's imposition of new security measures on Hong Kong, Commerce Secretary Wilbur Ross said that the risk that sensitive U.S. technology will be diverted to the People's Liberation Army or Ministry of State Security has increased, all while undermining the territory's autonomy. Those are risks the U.S. refuses to accept and have resulted in the revocation of Hong Kong's special status.
Commerce Department regulations affording preferential treatment to Hong Kong over China, including the availability of export license exceptions, are suspended. Further actions to eliminate differential treatment are also being evaluated.
Tuesday, June 23, 2020
On June 22, 2020, The Federal Trade Commission issued a staff report on an FTC workshop on Made in USA claims that was held last fall, and a notice of proposed rulemaking for a Made in USA Labeling Rule (proposed Rule).
The proposed Rule will apply to product labels making Made in USA and other unqualified U.S.-origin claims. The proposed Rule incorporates guidance set forth in the Commission’s previous Decisions and Orders and its 1997 Enforcement Policy Statement on U.S. Origin Claims.
To read more CLICK HERE.
FTC rules can have a substantial impact on businesses and on the everyday lives of consumers. As part of its ongoing review of existing rules, the FTC periodically seeks your input on whether a particular one still performs its desired function or if it’s been overtaken by changes in technology or the marketplace. Next in the review queue is a rule that’s been around for almost 50 years and the FTC is asking if it should be repealed. It’s the Care Labeling Rule
The Commission seeks comment on the costs, benefits, and market effects of repealing the Rule as proposed, and particularly the cost on small businesses. Comments opposing the proposed repeal should explain the reasons they believe the Rule is still needed and, if appropriate, suggest specific alternatives.
Monday, June 22, 2020
DoD Announces $2 Million Defense Production Act Title III Agreement to Sustain U.S. Domestic Production of Fabric for Army Dress Uniforms at American Woolen Company
As part of the national response to COVID-19, the Department of Defense entered a $2 million agreement with American Woolen Company to sustain domestic production of poly/wool blend fabric for U.S. Army dress uniforms.
Using funds authorized and appropriated under the CARES Act, this DPA Title III investment will sustain the domestic production capability and capacity of poly/wool blend fabric for Army dress uniforms. The sustainment of this production capability will ensure the U.S. Government gets dedicated long term industrial capacity to meet the needs of the nation.
This investment will leverage American Woolen Company’s manufacturing capabilities to commercialize the Army Green Service Uniform (AGSU) fabrics, enabling the government to diversify the supply chain and add a second source of innovation to the market.
American Woolen Company is a small, women-owned manufacturer of wool and wool/blend fabrics based in Stafford Springs, Connecticut, which is the principal place of performance.
Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, July 15, 2020
The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, July 15, 2020. The meeting will be open to the public via webinar only. There is no on-site, in-person option for this quarterly meeting.
The COAC will hear from the current subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed:
1. The Rapid Response Subcommittee will provide updates and recommendations from the Broker Exam Modernization Working Group and the United States--Mexico--Canada Agreement (USMCA) Working Group. The subcommittee will also discuss the COAC COVID-19 Recommendations and White Paper and the Executive Order on Regulatory Relief to Support Economic Recovery as well as announce the creation of a new Rapid Response Working Group that will focus on automotive certification requirements under USMCA.
2. The Intelligent Enforcement Subcommittee will provide updates and recommendations from the working groups under its jurisdiction for COAC's consideration. The Intellectual Property Rights (IPR) Working Group continues to work on a background paper on the issue of a Bad Actors list. The concept is related to information sharing--using existing data more effectively to identify bad actors, such as counterfeiters, based on information from both the trade and the U.S. Government. Through the subcommittee, CBP is creating another IPR working group to address industry feedback regarding the Combating Counterfeit & Pirated Goods Presidential Memorandum with plans for recommendations on these issues. The AD/CVD Working Group continues to discuss complex issues with pipe spools and trade remedies and plans to present recommendations on these issues. The Bond Working Group has continued discussions with CBP on bond amounts and requirements for Foreign Trade Zones and Pipeline Operators and plans to present recommendations on these issues. The Forced Labor Working Group will report on progress of its assessment of the current e-Allegations submissions mechanism (portal) and process for reporting forced labor violations and deliver an industry collaboration white paper and related recommendations.
3. The Secure Trade Lanes Subcommittee will provide updates on the four working groups currently operating under the subcommittee. The Trusted Trader Working Group will provide details on activities focusing on the Customs Trade Partnership Against Terrorism (CTPAT) trade compliance implementation, developing a methodology for managing program benefits, PGA (Partner Government Agency) engagement, and new forced labor requirements. The subcommittee will provide an update of the In-Bond Working Group's analysis of trade-specific pain points within the current In-Bond processes by mode and will make recommendations to improve the efficiency and effectiveness of the In-Bond regulations. The Export Modernization Working Group will provide updates on its progress in updating the export data elements and recommendations on changes to remove redundancy and promote efficiency of data submission in support of U.S. exports. The Remote and Autonomous Cargo Processing Working Group will provide updates on the use of image technology for trains crossing land borders and leveraging partnerships through the donations acceptance programs. Additionally, this working group will provide an update on the concept of a driver identification card for a more streamlined and efficient border crossing for non-Free and Secure Trade Lane (FAST) drivers.
4. The Next Generation Facilitation Subcommittee will provide an update on the progress of the Unified Entry Working Group which is moving towards an operational framework by analyzing specific pain points within the entry process. The Emerging Technologies Working Group will cover its assessment of various technologies that could be adapted for CBP and trade issues.
Meeting materials will be available by July 13, 2020, at: http://www.cbp.gov/trade/stakeholder-engagement/coac/coac-public-meetings.
Thursday, June 18, 2020
On June 17, 2020, the U.S. Trade Representative, in testimony before the House Ways and Means Committee, said "The Administration will also look for ways to strengthen our existing trade policies to better protect American producers and consumers. One option is to tighten de minimis thresholds for American imports, including those subject to Section 301 tariffs. At $800, the U.S. de minimis threshold far exceeds that of our major trade partners. For example, the EU threshold is only $150, while China’s stands at a mere $7. This results in massive numbers of shipments to the U.S. receiving duty-free treatment and virtually no screening. In FY2018 and FY2019, there were a combined 1.2 billion de minimis shipments, with 719 million (or roughly 60 percent) coming from China. In contrast, the U.S. received only 68 million formal entries during this period, with only 7.3 million (or less than 11 percent) coming from China. The disproportionately high volume of these shipments indicates China and others are likely exploiting the high U.S. de minimis threshold to avoid paying duties."
Section 321(a)(2)(C) of the Tariff Act of 1930, as amended, authorizes CBP to provide an administrative exemption to admit free from duty and tax shipments of merchandise imported by one person on one day having an aggregate fair retail value in the country of shipment of not more than $800.
The Section 321 de minimis provision has attracted interest of late. On February 24, 2016, the Trade Enforcement and Trade Facilitation Act of 2015, Pub. L. 114-125, 130 Stat. 122 ("TFTEA"), was signed into law, which increased the de-minimis value exemption under 19 U.S.C. § 1321 from $200 to $800. Accordingly, beginning March 10, 2016, articles valued at $800 or less, which are imported by one person on one day, are eligible for duty free entry, under 19 U.S.C. § 1321(a)(2)(C). With the rise of the de minimis to $800 we have seen more online retailers taking advantage of it. For example, Sears used a warehouse in Canada for de minimis shipments of apparel direct to consumers in the U.S.
Tuesday, June 16, 2020
The American Apparel and Footwear Association has proposed to the U.S. Federal Trade Commission a regulatory update the apparel, footwear, and travel goods labeling rules to provide "flexible to accommodate new methods of conveying information, especially using digital labels to address the shortcomings of physical markings. We think that the future of apparel labeling will take the shape of a QR code, human-readable URL, other scanning technology, or some combination of these technologies printed on or embedded in a label."
The proposal is available online HERE
Saturday, June 6, 2020
Monday, June 1, 2020
Saturday, May 30, 2020
Food Safety and Inspection Service is Proposing to Amend its Regulations Relating to "Exotic Animals" in the Biological Families Bovidae, Cervidae, and Camelidae
On June 1, 2020, the Department of Agriculture Food Safety and Inspection Service published in the Federal Register (85 FR 33034) Inspection of Yak and Other Bovidae, Cervidae, and Camelidae Species.
SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to amend its regulations to define yak and include it among ``exotic animals'' eligible for voluntary inspection. This proposed change responds to a petition for rulemaking. It would officially allow yak products to be voluntarily inspected and to bear the USDA voluntary mark of inspection, benefitting the yak industry. FSIS is also requesting comments on whether all farmed-raised species in the biological families Bovidae, Cervidae, and Camelidae, if not already subject to mandatory inspection, should be eligible for voluntary inspection, and whether any species in these families should be added to the list of amenable species requiring mandatory inspection. FSIS already requires mandatory inspection for several species of the Family Bovidae (cattle, sheep, and goats). The Agency also provides voluntary inspection to several species of Bovidae not subject to mandatory inspection under the Federal Meat Inspection Act, as well as several species of Cervidae. These species include: Reindeer, elk, deer, antelope, water buffalo, and bison.
DATES: Submit comments on or before July 31, 2020.
On June 1, 2020, the Foreign-Trade Zone Board published in the Federal Register (85 FR 33087) Approval for Production Authority; Foreign-Trade Zone 158, MTD Consumer Group Inc. (Textile Grass-Catcher Bags), Verona, Mississippi. The MTD facility is used for the production of lawn and garden equipment. MTD uses imported components to manufacturer the equipment and pays import duty as high as 9%. Imported lawn and garden equipment has import duty ranging from zero to 2.4%. This situation, where the imported components have higher duty that the finished product, is known as a "tariff inversion" and can work as an incentive to import the finished product rather than manufacturing it in the U.S. In such a case the manufacturer can seek tariff relieve through the use of Foreign-Trade Zone procedures. This would allow them to import the components with no duty, manufacture the equipment in the U.S., and then, when the equipment enters U.S. commerce, pay duty on the value of the foreign components, but at the lower rate applicable to the finished product.
MTD first applied for authorization to use FTZ procedures in 2016. The list of imported components was extensive and included textile fabric grass catchers. The domestic U.S. textile industry has consistently, and almost always successfully, opposed FTZ procedures for imported textile components if there is any domestic production of the component. In January 2017, the FTZ Board authorized FTZ procedures for all but the textile input, which would continue to be subject to 3.8% import duty.
Since then MTD has continued to press to get the textile component authorized for FTZ procedures, with additional filings in 2018 and 2019. The U.S. textile industry continued to oppose, as in this letter from the National Council of Textile Organizations. MTD responded with this letter.
As noted above, the domestic textile industry has been successful in most cases in blocking FTZ filings they consider adverse to their interest. And in the cases where they not been able to stop the petition entirely, they have typically been able to get a cap on the imported quantity that does not exceed the petitioner's historic trade, and a time limitation to allow for a revisiting of the question. In this case The annual quantitative volume of textile grass-catcher bags that MTD may admit into FTZ 158 and avoid the tariff inversion is limited to no more than 2.3 million bags and the authority (with quantitative restriction) shall remain in effect for a period of five years.
Thursday, May 28, 2020
"Hong Kong has flourished as a bastion of freedom. The international community has a significant and longstanding stake in Hong Kong's prosperity and stability. Direct imposition of national security legislation on Hong Kong by the Beijing authorities, rather than through Hong Kong's own institutions as provided for under Article 23 of the Basic Law, would curtail the Hong Kong people's liberties, and in doing so, dramatically erode the autonomy and the system that made it so prosperous.
"China's proposals for a new national security law for Hong Kong lies in direct conflict with its international obligations under the principles of the legally-binding, UN-registered Sino-British Joint Declaration. The proposed law would undermine the One Country, Two Systems framework. It also raises the prospect of prosecution in Hong Kong for political crimes, and undermines existing commitments to protect the rights of Hong Kong people - including those set out in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
"We are also extremely concerned that this action will exacerbate the existing deep divisions in Hong Kong society; the law does nothing to build mutual understanding and foster reconciliation within Hong Kong. Rebuilding trust across Hong Kong society by allowing the people of Hong Kong to enjoy the rights and freedoms they were promised can be the only way back from the tensions and unrest that the territory has seen over the last year.
"The world's focus on a global pandemic requires enhanced trust in governments and international cooperation. Beijing's unprecedented move risks having the opposite effect.
"As Hong Kong’s stability and prosperity are jeopardized by the new imposition, we call on the Government of China to work with the Hong Kong SAR Government and the people of Hong Kong to find a mutually acceptable accommodation that will honor China’s international obligations under the UN-filed Sino-British Joint Declaration."
Wednesday, May 27, 2020
ITC Seeking Comments on Probable Economic Effect of Providing Duty-Free Treatment for Imports from Kenya
The USITC is seeking input for the investigation from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice. The USITC will hold a public hearing in connection with the investigation on July 7, 2020. Because COVID-19 mitigation measures are in effect, the public hearing will be held via Go to Meeting.
On May 27, 2020, the U.S. International Trade Commission published in the Federal Register (85 FR 31805) Generalized System of Preferences: Possible Modifications, 2020 Review. Specifically information is sought regarding --
(1) Advice as to the probable economic effect on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers of the elimination of U.S. import duties on the articles in Table A for all beneficiary developing countries under the GSP program. In accordance with sections 503(a)(1)(A), 503(e), and 131(a) of the Trade Act of 1974, as amended (``the 1974 Act'') and pursuant to the authority of the President delegated to the USTR by sections 4(c) and 8(c) and (d) of Executive Order 11846 of March 31, 1975, as amended, and pursuant to section 332(g) of the Tariff Act of 1930, the USTR notified the Commission that the articles identified in Table A of the Annex to the USTR request letter are being considered for designation as eligible articles for purposes of the GSP program. The USTR requested that the Commission provide its advice as to the probable economic effect on total U.S. imports, U.S. industries producing like or directly competitive articles, and on U.S. consumers of the elimination of U.S. import duties on the articles identified in Table A of the Annex to the USTR request letter for all beneficiary developing countries under the GSP program (see Table A below).
Table A--2020 GSP Annual Review--Petitions Submitted To Add Products to the List of Eligible Articles for the Generalized System of Preferences (GSP) ------------------------------------------------------------------------ HTS provision Brief description ------------------------------------------------------------------------ 0603.11.00............................. Sweetheart, Spray and other Roses, fresh cut. 0603.11.0010........................... Sweetheart roses, fresh, suitable for bouquets or for ornamental purposes. 0603.11.0030........................... Spray roses, fresh, suitable for bouquets or for ornamental purposes. 0603.11.0060........................... Roses, fresh, suitable for bouquets for ornamental purposes, nesoi. ------------------------------------------------------------------------
(2) Advice as to the probable economic effect of the removal from eligibility for duty-free treatment under the GSP program for these articles from all countries on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers. The USTR notified the Commission that six articles from all beneficiary developing countries are being considered for removal from eligibility for duty-free treatment under the GSP program. Under authority delegated by the President, pursuant to section 332(g) of the Tariff Act of 1930, with respect to the articles listed in Table B of the Annex to the USTR request letter, the USTR requested that the Commission provide its advice as to the probable economic effect of the removal from eligibility for duty-free treatment under the GSP program for these articles from all beneficiary developing countries on total U.S. imports, on U.S. industries producing like or directly competitive articles, and on U.S. consumers (see Table B below).
Table B--2020 GSP Annual Review--Petitions Submitted To Remove Duty-Free Status for a Product on the List of Eligible Articles for the GSP Program ------------------------------------------------------------------------ HTS provision Brief description ------------------------------------------------------------------------ 1006.10.00............................. Rice in the husk (paddy or rough). 1006.20.20............................. Basmati rice, husked. 1006.20.40............................. Husked (brown) rice, other than Basmati. 1006.30.10............................. Rice semi-milled or wholly milled, whether or not polished or glazed, parboiled. 1006.30.90............................. Rice semi-milled or wholly milled, whether or not polished or glazed, other than parboiled. 1006.40.00............................. Broken rice. ------------------------------------------------------------------------
The National Institute of Standards and Technology (NIST) announces that the Manufacturing Extension Partnership (MEP) Advisory Board will hold an open meeting on Wednesday, June 3, 2020, from 1 p.m. to 5 p.m. Eastern Daylight Time.
Individuals and representatives of organizations who would like to offer comments and suggestions related to the MEP Advisory Board's business are invited to request a place on the agenda. Approximately 15 minutes will be reserved for public comments at the end of the meeting. Speaking times will be assigned on a first-come, first-served basis. The amount of time per speaker will be determined by the number of requests received, but is likely to be no more than three to five minutes each. Requests must be submitted by email to firstname.lastname@example.org and must be received by May 27, 2020 to be considered. The exact time for public comments will be included in the final agenda that will be posted on the MEP Advisory Board website at http://www.nist.gov/mep/about/advisory-board.cfm. Questions from the public will not be considered during this period. Speakers who wish to expand upon their oral statements, those who wished to speak but could not be accommodated on the agenda or those who are/were unable to attend the meeting are invited to submit written statements electronically by email to email@example.com.
Admittance Instructions: All participants will be attending via webinar. Please contact Ms. Gendron at 301-975-2785 or firstname.lastname@example.org for detailed instructions on how to join the webinar. All requests must be received by 5 p.m. Eastern Daylight Time, Thursday, May 28, 2020.
Description: This recall involves the Primark Wide Fit Kitten Heel Court Shoes. The pumps have an approximately 1.5 inch heel. The shoes were sold in black and nude microfiber fabric. Product number 06689 and the RN code 145478 are printed on the inside of the shoe.
Remedy: Consumers should immediately stop using the recalled shoes and return the shoes to a Primark store for a full refund of the purchase price.
Incidents/Injuries: None reported
Sold At: Primark US stores nationwide from January 2019 through November 2019 for about $16.
Importer(s): Primark US Corp., of Boston, Mass.
Manufactured In: China
Recall number: 20-127
More information and photo HERE.
Secretary Pompeo Declares Hong Kong No Longer Autonomous, Potentially Leading to China 301 Tariffs on Goods from Hong Kong
On May 27, 2020, U.S. Secretary of State Michael R. Pompeo, certified to Congress that "Hong Kong does not continue to warrant treatment under United States laws in the same manner as U.S. laws were applied to Hong Kong before July 1997." This has serious implications for U.S. importers who shifted sourcing from mainland China to Hong Kong to avoid China 301 tariffs, as Agathon Associates noted in an August 28, 2019 post about the Hong Kong Policy Act. So far Hong Kong has been treated separately from China as regards imposition of 301 tariffs. That can be revoked, and quickly, by an Executive Order from the President.
Tuesday, May 26, 2020
Saturday, May 23, 2020
On May 22, 2020, the Office of the U.S. Trade Representative released Negotiating Objectives for the Initiation of United States-Kenya Negotiations
Friday, May 22, 2020
On May 21, 2020, the Office of the U.S. Trade Representative released new China 301 List 3 Exclusions. Among the articles excluded from the 25% Section 301 tariffs are--
Certain nonwovens classified at 5603.14.9090, 5603.92.0090, and 5603.93.0090.
Garment travel bags of man-made fibers, each weighing at least 0.9 kg but not more than 1.9 kg, measuring at least 100 cm but not more than 170 cm in length, with zippered compartments, with handles to carry in a folded condition and a hanger clamp (described in statistical reporting number 4202.92.3131).
Polypropylene roofing underlayment (described in statistical reporting number 4602.90.0000).
The exclusions will apply from September 24, 2018 (retroactively), to August 7, 2020, (with, based on past experience, a possibility of extension).
Thursday, May 21, 2020
Monday, May 25, 2020, is Memorial Day, a United States federal holiday which occurs every year on the last Monday of May. Federal, State, and local government offices will be closed, as will nearly all non-retail businesses. Memorial Day is a day of remembering the men and women who died while serving in the United States Armed Forces.
In other years in much of the United States, Memorial Day marks the beginning of summer. The "three day weekend" created by the Monday holiday is enjoyed with cookouts, trips to the beach and other leisure activities as will as parades and public ceremonies honoring those who died in service of the nation. This year the nature of public observance will vary from State to State.
In Flanders fields the poppies grow Between the crosses, row on row That mark our place: and in the sky The larks still bravely singing, fly Scarce heard amid the guns below. We are the Dead. Short days ago We lived, felt dawn, saw sunset glow, Loved, and were loved, and now we lie In Flanders fields. Take up our quarrel with the foe: To you from failing hands we throw The Torch: be yours to hold it high! If ye break faith with us who die We shall not sleep, though poppies grow In Flanders fields. —John McCrae (1872-1918)
Each year I see fewer and fewer men on the street wearing remembrance poppies on Memorial Day, since 1971 celebrated on the last Monday in May. One year I couldn't even find anyone selling "Buddy Poppies," the paper replica flowers that the Veterans of Foreign Wars sell to raise money for disabled veterans.
For more than 90 years, the VFW's Buddy Poppy program has raised millions of dollars in support of veterans' welfare and the well being of their dependents. In February 1924, the VFW registered the name "Buddy Poppy" with the U.S. Patent Office. A certificate was issued on May 20, 1924, granting the VFW all trademark rights in the name of Buddy under the classification of artificial flowers. The VFW has made that trademark a guarantee that all poppies bearing that name and the VFW label are genuine products of the work of disabled and needy veterans. No other organization, firm or individual can legally use the name "Buddy" Poppy.
When you buy your Buddy Poppy to wear this Memorial Day you will be giving material aid to a disabled veteran. And when you wear your Buddy Poppy you will remind everyone who sees you of the meaning of Memorial Day.
The American Legion also sells crepe paper poppies for Memorial Day. That is another fine organization worthy of your support.
Although the United States Department of Veterans Affairs states "The wearing of poppies in honor of America's war dead is traditionally done on Memorial Day, not Veterans Day" many of us do join our friends from the British Commonwealth nations in wearing the red poppy of remembrance on November 11th as well.
This Memorial Day remember those who gave the last full measure of devotion to cause of liberty.
Wednesday, May 20, 2020
According to a report in the Boston Herald, Brooks Brothers submitted a notice that it will layoff 413 employees at the Haverhill facility with an effective date of July 20, less than two months after the plant switched production from suits and ties to masks and gowns in response to the coronavirus pandemic.
The company last week announced it will shut down its shirt factory in North Carolina also on July 20, eliminating 146 jobs, according to a report by the Raleigh News & Observer. Another plant on Long Island, which manufactures ties, is also slated to close in August. That closure would eliminate 136 jobs, the Long Island City Post reported Tuesday.
Bunz Kidz Children’s Sleepwear Sets Recalled by Stargate Apparel Due to Violation of Federal Flammability Standard; Burn Hazard
Description: This recall involves Bunz Kidz-branded children’s sleepwear sets consisting of a robe, top and pants. The sleepwear sets were sold in sizes 2 through 12. The 100% micro polyester fleece robe and pants are white with allover pink star print and the 100% polyester top is pink with Dream in Glitter printed onto the chest in gold. The robe has long-sleeves, a shawl collar, two side seam pockets and a sewn-on tie located at the waist and the pants have an elastic waistband. Bunz Kidz is printed on a blue sewn-in label and style numbers L23846, L43846 or L73846 and GPU numbers 2017-246, 2017-446 or GPU 2017-746 are printed on another sewn-in label.
Remedy: Consumers should immediately take the recalled sleepwear sets away from children and contact Stargate Apparel for a full refund.
Incidents/Injuries: None reported
Sold At: Boscovs, Century 21, JC Penney, Macy’s, Marshalls and TJ Maxx other stores nationwide and online at Amazon.com and Walmart.com from August 2017 through December 2019 for between $24 and $48.
Distributor(s): Stargate Apparel, of New York
Manufactured In: China
Recall number: 20-125
More information and photos HERE.
Thursday, May 14, 2020
For more information, or to buy quality hats, including hats made in the U.S.A., visit these fine vendors:
Just don't wear your straw hat after September 15th, or you may start a riot.
CPSC Staff Participating in the American Association of Textile Chemists and Colorists (AATCC) Spring Committee Meetings
On May 19 and 20, 2020, Emily Maling and Paige Witzen, Consumer Product Safety Commison Directorate for Laboratory Sciences, will be participating in the American Association of Textile Chemists and Colorists (AATCC) spring committee meetings via teleconference. For more information, including call-in information, contact Emily Maling at 301-987-2301 or email@example.com.
Wednesday, May 13, 2020
On May 13, 2020, the Office of the U.S. Trade Representative published in the Federal Register (85 FR 28695) Annual Review of Country Eligibility for Benefits Under the African Growth and Opportunity Act
The Office of the U.S. Trade Representative (USTR) is announcing the initiation of the annual review of the eligibility of the sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The AGOA Implementation Subcommittee of the Trade Policy Staff Committee (AGOA Subcommittee) is developing recommendations for the President on AGOA country eligibility for calendar year 2021. The AGOA Subcommittee requests comments for this review. Due to COVID-19, the AGOA Subcommittee will foster public participation via written submissions rather than an in-person hearing. This notice includes the schedule for submission of comments and responses to questions from the AGOA Subcommittee related to this review.
June 24, 2020 at 11:59 p.m. EDT: Deadline for submission of written comments on the eligibility of sub-Saharan African countries to receive the benefits of AGOA.
July 7, 2020 at 11:59 p.m. EDT: Deadline for the AGOA Subcommittee to pose any questions on written comments.
July 16, 2020 at 11:59 p.m. EDT: Deadline for submission of commenters' responses to questions from the AGOA Subcommittee.
July 25, 2020 at 11:59 p.m. EDT: Deadline for replies from other interested parties to the written comments and responses to questions.
August 4, 2020 at 11:59 p.m. EDT: Deadline for the AGOA Subcommittee to pose any additional questions on written comments.
August 13, 2020 at 11:59 p.m. EDT: Deadline for submission of responses to any additional questions from the AGOA Subcommittee.
AGOA (Title I of the Trade and Development Act of 2000, Pub. L. 106-200) (19 U.S.C. 2466a et seq.), as amended, authorizes the President to designate sub-Saharan African countries as beneficiaries eligible for duty-free treatment for certain additional products not included for duty-free treatment under the Generalized System of Preferences (GSP) (Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) (1974 Act), as well as for the preferential treatment for certain textile and apparel articles. The President may designate a country as a beneficiary sub-Saharan African country eligible for AGOA benefits if he determines that the country meets the eligibility criteria set forth in section 104 of AGOA (19 U.S.C. 3703) and section 502 of the 1974 Act (19 U.S.C. 2462).
Section 104 of AGOA includes requirements that the country has established or is making continual progress toward establishing, among other things:
- A market-based economy
- the rule of law
- political pluralism
- right to due process
- the elimination of barriers to U.S. trade and investment
- economic policies to reduce poverty
- system to combat corruption and bribery
- protection of internationally recognized worker rights
In addition, the country may not engage in activities that undermine U.S. national security or foreign policy interests or engage in gross violations of internationally recognized human rights. Section 502 of the 1974 Act provides for country eligibility criteria under GSP. For a complete list of the AGOA eligibility criteria and more information on the GSP criteria, see section 104 of the AGOA and section 502 of the 1974 Act.
For 2020, the President designated the following 38 countries as beneficiary sub-Saharan African countries:
4. Burkina Faso
5. Cabo Verde
6. Central African Republic
9. Republic of Congo
10. Cote d'Ivoire
15. The Gambia
30. Rwanda (AGOA apparel benefits suspended effective July 31, 2018)
31. Sao Tome & Principe
33. Sierra Leone
34. South Africa
The President did not designate the following sub-Saharan African countries as beneficiary sub-Saharan African countries for 2020:
3. Democratic Republic of Congo
4. Equatorial Guinea (graduated from GSP)
7. Seychelles (graduated from GSP)
9. South Sudan
The AGOA Subcommittee is seeking public comments to develop recommendations to the President in connection with the annual review of sub-Saharan African countries' eligibility for AGOA benefits. The Secretary of Labor may consider comments related to the child labor criteria to prepare the U.S. Department of Labor's report on child labor as required under section 504 of the 1974 Act.
Tuesday, May 12, 2020
U.S. Customs and Border Protection (CBP) recognizes the importance of textile trade and the critical need for enforcement in this sector. Textile and apparel goods have some of the highest duty rates of all commodities imported into the U.S. making them susceptible to fraud. Textile risks include: schemes designed to circumvent textile tariff and trade laws include false invoicing, false marking and labeling, false claims of origin, illegal transshipment, misdescription, undervaluation, false declarations of right to make entry, false trade preference claims, and outright smuggling. Therefore, textiles have long been a CBP Priority Trade Issue (PTI) for CBP enforcement efforts.
CBP maintains a robust and comprehensive enforcement strategy to effectively minimize and analyze the various textile risk areas. Both textile importers and the U.S. domestic manufacturing industry have a substantial interest in the Textile PTI enforcement results. The Textile Enforcement Statistics reflect the results of the various CBP enforcement activities.
See the statistics HERE.
To help coordinate implementation of the United States-Mexico-Canada Agreement, which enters into force on July 1, U.S. Customs and Border Protection recently opened the USMCA Center.
Staffed with CBP experts from operational, legal, and audit disciplines, as well as with virtual representatives from Canadian and Mexican customs authorities, the USMCA Center is a cornerstone of CBP's USMCA implementation plan and will serve as a central communication hub for CBP and the private sector community, including traders, brokers, freight forwarders and producers, ensuring a smooth and efficient transition from the North American Free Trade Agreement to USMCA.
USMCA is a new trade agreement that modernizes certain NAFTA provisions, reflecting developments in technology and 21st Century supply chains. USMCA calls for new approaches to rules of origin, agricultural market access, digital trade, and financial services while protecting the labor rights of workers in key industries, and strengthening the protection of intellectual property rights.
The USMCA Center staff will be CBP's experts on the trade provisions of USMCA, providing guidance to private and public sector stakeholders. Center staff will facilitate a smooth transition from NAFTA by coordinating and scheduling outreach events, responding to training requests, developing and distributing information resources, and updating CBP regulations on pending USMCA topics/issues, while also providing clear and transparent technical guidance on USMCA's new compliance obligations. Center staff will work closely with Centers of Excellence and Expertise and the ports to ensure CBP’s implementation is uniform and supports U.S. economic security.
Please note: NAFTA rules will continue to apply until July 1 when USMCA enters into force.
Read more HERE.
Thursday, May 7, 2020
CBP has provided interim implementing instructions to aid the importing community HERE
Noah Clothing Recalls Men’s Reverse Fleece Hoodies Due to Violation of Federal Flammability Standard; Burn Hazard
This recall involves Noah Clothing-branded men’s 100% cotton brushed reverse fleece, long sleeve, hooded sweatshirts. The hoodies were sold in black, Kelly green, bright red and light blue colors and in men’s sizes XS, S, M, L, XL and XXL. They have a drawstring around the collar of the neck, color contrasting stitching and “NOAH” embroidered on the front pocket. The reverse fleece hoodie is sewn so that the fleece typically seen on the inside of the hoodie is shown on the outside (reverse) everywhere but the pocket and hood. The sewn-in label at the neck states "NOAH" with a red cross underneath. The sewn-in care label has additional information that states “RN 150322.”
Reverse Fleece Hoodie
(Style Number SS4FW19)
Black, Kelly Green, Bright Red, Light Blue
Men’s sizes XS, S, M, L, XL, and XXL
Remedy: Consumers should immediately stop using the recalled reverse fleece hoodies and contact Noah Clothing for a full refund plus a $20 gift card upon sending Noah a photo of the garment cut in half. Noah Clothing is directly contacting all known purchasers.
Incidents/Injuries: None reported
Sold At: Noah Clothing’s New York City store and at Dover Street Market’s Los Angeles, Calif., store and online at www.noahny.com from August 2019 through March 2020 for about $150.
Importer(s): Noah Clothing LLC, of New York
Manufactured In: Canada
Recall number: 20-119
More information and photos HERE.
Wednesday, May 6, 2020
Effective September 24, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation (China 301 List 3). The U.S. Trade Representative initiated an exclusion process for the $200 billion action in June 2019, and as of March 26, 2020, has issued 11 product exclusion notices under this action. The product exclusions granted under these notices are scheduled to expire on August 7, 2020. The U.S. Trade Representative has decided to consider a possible extension for up to 12 months of particular exclusions granted under these initial 11 product exclusion notices. The Office of the U.S. Trade Representative (USTR) invites public comment on whether to extend particular exclusions.
The U.S. Trade Representative has decided to consider a possible extension for up to 12 months of particular exclusions granted under the initial 11 product exclusion notices under the $200 billion action. At this time, USTR is not considering product exclusion notices issued after March 26, 2020. Accordingly, USTR invites public comments on whether to extend particular exclusions granted under the following notices of product exclusions:
- 84 FR 38717 (August 7, 2019)
- 84 FR 49591 (September 20, 2019)
- 84 FR 57803 (October 29, 2019)
- 84 FR 61674 (November 13, 2019)
- 84 FR 65882 (November 29, 2019)
- 84 FR 69012 (December 17, 2019)
- 85 FR 549 (January 6, 2020)
- 85 FR 6674 (February 5, 2020)
- 84 FR 9921 (February 20, 2020)
- 85 FR 15015 (March 16, 2020)
- 85 FR 17158 (March 26, 2020)
To be assured of consideration, you must submit your comment between the opening of the public docket on the portal on May 1, 2020 and the June 8, 2020 submission deadline.
On May 4, 2020, the U.S. International Trade Commission (USITC) released the results of its investigation to identify imported products related to the response to the COVID-19 pandemic and provide trade-related information for them, including their 10-digit Harmonized Tariff Schedule (HTS) numbers and the source countries and applicable rates of duty of those HTS numbers.
On May 5, 2020, United States Trade Representative Robert Lighthizer and United Kingdom Secretary of State for International Trade Elizabeth Truss announced the formal launch of trade agreement negotiations between the U.S. and the UK.
On April 29, 2020, U.S. Customs and Border Protection announced CUSTOMS BULLETIN AND DECISIONS, VOL. 54, NO. 16, beginning on page 62) Notice of proposed revocation of one ruling letter, and proposed revocation of treatment relating to the tariff classification of textile covered high-density fiberboard boxes.
Customs Binding Ruling Letter NY N302855 pertains to two styles of storage boxes. Each storage box is made with high-density fiberboard ("HDF") and covered in textile. The first box is an opened faced drawer organizer that contains multiple divider panels inside of it. The second box is a closed box sweater organizer with a drop front panel that is see through so consumers can view the contents inside of the box. The drop front panel can be opened to provide access to the stored items. Both storage boxes come in a variety of sizes and can be used to store clothes, accessories, hosiery, and lingerie
In NY N302855, CBP classified textile covered high-density fiberboard boxes in heading 6307, HTSUS, specifically in subheading 6307.90.98 (rate of duty 7%, HTSUS, which provides for "Other made up articles, including dress patterns: Other: Other: Other." CBP has reviewed NY N302855 and has determined the ruling letter to be in error. It is now CBP's position that the textile covered high-density fiberboard boxes are properly classified, in heading 4420, HTSUS, specifically in subheading 4420.90.65 (rate of duty FREE), HTSUS, which provides for "Wood marquetry and inlaid wood; caskets and cases for jewelry or cutlery and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within chapter 94: Other: Jewelry boxes, silverware chests, cigar and cigarette boxes, microscope cases, tool or utensil cases and similar boxes, cases and chests, all the foregoing of wood: Other: Lined with textile fabrics."
Comments must be received on or before May 29, 2020.
On May 6, 2020, The United States notified the World Trade Organization (WTO) that it has fully complied in the dispute brought by the European Union (EU) regarding U.S. subsidies to Boeing. In April 2019, the WTO found that the Washington State Business & Occupation (B&O) tax rate reduction continued to breach WTO subsidy rules. At that time, the EU was unsuccessful on the remainder of its challenges to 29 state and federal programs alleged to harm Airbus.
Washington enacted Senate Bill 6690 on March 25, 2020, which eliminated a preferential tax rate for aerospace manufacturing. The removal of the subsidy fully implements the WTO’s recommendation to the United States, bringing an end to this long-running dispute.
After many years of seeking unsuccessfully to convince the EU and four of its member States (France, Germany, Spain, and the United Kingdom) to cease their subsidization of Airbus, in 2004 the United States brought a WTO challenge to EU subsidies. The EU responded by challenging what it claimed were even larger subsidies to Boeing by the United States.
Two separate WTO panels addressed the claims brought by the United States and the EU, respectively. The two processes resulted in two very different sets of WTO findings and subsequent respondent actions.
The U.S. Claims Against the EU
In 2011, the WTO found that the EU provided Airbus $17 billion in subsidized financing from 1968 to 2006, and that European "launch aid" subsidies breached WTO rules because they were instrumental in permitting Airbus to launch every model of its large civil aircraft, causing Boeing to lose sales of more than 300 aircraft and to lose market share throughout the world.
In response, the EU removed two minor subsidies, but left most of them unchanged. The EU also granted Airbus more than $5 billion in new subsidized "launch aid" financing for its A350 XWB family of aircraft. The United States filed a complaint in March 2012 alleging that the EU not only had failed to comply with the WTO’s findings but had further breached WTO rules through the new subsidized financing for the A350 XWB.
The WTO compliance panel and appellate reports found that EU subsidies to high-value, twin-aisle aircraft continued to cause serious prejudice to U.S. interests. The reports found that billions of dollars in launch aid to the A350 XWB cause significant lost sales of Boeing 787 aircraft. The reports also found that subsidies to the A380 continue to cause significant lost sales of Boeing aircraft, as well as impedance of exports of Boeing very large aircraft to the EU, Australia, China, Korea, Singapore, and UAE markets.
In 2018, the United States requested authority to impose countermeasures commensurate with the adverse effects that the EU subsidies continued to cause. The EU challenged the U.S. estimate, and a WTO arbitrator found that the annual adverse effects to the United States amounted to $7.5 billion per year. The United States imposed countermeasures in October 2019, consistent with the WTO’s authorization.
The EU Claims Against the United States
The EU's original 2004 complaint alleged that the United States provided unlawful subsidies to Boeing. In that dispute, the WTO found that the United States provided Boeing with $3.2-4.3 billion in subsidized research and development funding, certain federal tax benefits, and the Washington State preferential B&O tax, with far more limited market effects than the EU's subsidies to Airbus, which enabled launch of entirely new aircraft programs.
In response to the WTO's findings, the United States modified the research and development funding and revoked much of the tax benefits, which in its view removed any adverse effects to the EU from Washington B&O tax rate reduction. The EU then filed a compliance challenge in October 2012 alleging that the United States failed to comply with the findings against it. The WTO compliance panel issued a report in June 2017, which rejected 28 of the EU’s 29 claims. The appellate report likewise found only that the Washington B&O tax rate reduction continued to cause adverse effects to Airbus. The EU subsequently asked a WTO arbitrator in 2019 to determine the level of countermeasures it could take in response to U.S. non-compliance. The decision in the arbitration is expected later this year.
USTR has announced 146 additional articles excluded from List 3 China 301 tariffs. Among them --
15) Disposable cloths of nonwoven textile materials impregnated, coated or covered with organic surface-active preparations for washing the skin, put up for retail sale (described in statistical reporting number 3401.30.5000)
27) Backpacks with outer surface of textile materials of man-made fibers, each with padded and insulated zippered compartments measuring not more than 27 cm by 19 cm by 21.5 cm (described in statistical reporting number 4202.92.3120)
28) Cases of textile materials of man-made fibers, each measuring not more than 57 cm by 47 cm by 34 cm, specially fitted to contain a sewing machine, each with outer pockets, side handles and 4 wheels (described in statistical reporting number 4202.92.3131)
29) Cases of man-made fiber, each measuring not more than 40 cm by 27 cm by 9 cm, with clear zippered pockets, mesh pockets and a carrying handle (described in statistical reporting number 4202.92.9100)
36) Dyed sateen fabric containing at least 85 percent by weight of cotton, measuring at least 292 cm but not more than 293 cm in width, weighing not more than 210 g/m² (described in statistical reporting number 5208.39.2020)
Friday, May 1, 2020
On April 3, 2020, the Canada Border Services Agency issued Customs Notice 20-14 Implementation of the Canada-United States-Mexico Agreement (CUSMA)
This notice provides information on the changes to the Customs Tariff that will occur as a result of the implementation of the Canada-United States-Mexico Agreement (CUSMA) and summarizes the requirements in order to benefit from the CUSMA's preferential rates of duty, once the CUSMA enters info force.
Implementation of the Canada-United States-Mexico Agreement (CUSMA)
1. The CUSMA's implementing legislation, Bill C-4, received Royal Assent on . Upon entry into force of the Agreement, with the exception of a few agricultural goods, all qualifying imports into Canada from a CUSMA country will be customs duty free.
2. More information regarding the CUSMA and the text of the agreement can be found on the Global Affairs Canada website.
3. Regulatory amendments and new regulations made under the Customs Act as a result of the CUSMA's implementation will be announced in a separate customs notice.
4. Entitlement to the CUSMA's preferential tariff treatment is determined in accordance with the following provisions of the CUSMA: the rules of origin set out in Chapter 4 Rules of Origin, the origin procedures set out in Chapter 5 Origin Procedures, provisions of Chapter 6 Textile and Apparel Goods, and paragraphs 8 through 10 of the Tariff Schedule of Canada in Annex 2-B.
5. CUSMA's preferential tariff treatments are: the United States Tariff (UST - tariff treatment code 10) and the Mexico Tariff (MXT - tariff treatment code 11).
6. The Mexico-United States Tariff (MUST tariff treatment code 12) used under the North American Free Trade Agreement (NAFTA) cannot be used for the CUSMA, which has a simplified preferential tariff treatment provision without differing start dates for tariff commitments as there were in the NAFTA.
7. All eligible goods imported under the CUSMA are eligible for either the United States Tariff or the Mexico Tariff. The MUST will remain in place in the interim, for adjustments pertaining to importations that occurred while the NAFTA was in effect.
8. Advance rulings for origin issued under NAFTA, will only remain valid for goods imported under NAFTA's preferential tariff treatment. Therefore, an applicant wishing to have an advance ruling for origin under CUSMA, will need to submit a new application to the Canada Border Services Agency. For more information, please consult Memorandum D11-4-16, Advance Rulings for Origin under Free Trade Agreements.
Proof of Origin
9. The required proof of origin is referred to as a certification of origin and consists of a set of minimum data elements contained in Annex 5-A of Chapter 5 of the CUSMA, that may be placed on an invoice or any other document. The certification of origin may also be completed and submitted electronically including with an electronic or digital signature. Additional information concerning CUSMA's certification of origin is contained in Article 5.2 of Chapter 5 of the CUSMA. Information concerning the electronic submission can be found in Memorandum D11-4-14, Certification of Origin Under Free Trade Agreements.
10. Importers, exporters or producers of CUSMA-eligible goods may complete the certification of origin. Importers are required to have the certification of origin in their possession at the time that the importer makes a claim for preferential tariff treatment.
11. A certification of origin shall include the following minimum data elements:
i. Importer, Exporter, or Producer - Certification of Origin
Indicate whether the certifier is the exporter, producer or importer in accordance with Article 5.2 of Chapter 5 of the CUSMA.
Provide the certifier's name, title, address (including country), telephone number and e-mail address.
Provide the exporter's name, address (including country), e-mail address, and telephone number if different from the certifier. This information is not required if the producer is completing the certification of origin and does not know the identity of the exporter. The address of the exporter shall be the place of export of the good in a Partyâ€™s territory.
Provide the producer's name, address (including country), e-mail address, and telephone number, if different from the certifier or exporter or, if there are multiple producers, state "Various" or provide a list of producers. A person that wishes for this information to remain confidential may state "Available upon request by the importing authorities". The address of the producer shall be the place of production of the good of the Party's territory.
Provide, if known, the importer's name, address, e-mail address, and telephone number. The address of the importer shall be in the Party's territory.
vi. Description and Harmonized System (HS) Tariff Classification of the Good
a) Provide a description of the good and the HS tariff classification of the good to the 6-digit level located in the Customs Tariff. The description should be sufficient to relate it to the good covered by the certification;
b) If the certification of origin covers a single shipment of a good, indicate, if known, the invoice number related to the exportation.
vii. Origin Criteria
Specify the origin criterion under which the good qualifies, as set out in Article 4.2 (Originating Goods) of Chapter 4 of the CUSMA.
viii. Blanket Period
Include the period if the certification covers multiple shipments of identical goods for a specified period of up to 12 months as set out in Article 5.2 (Claims for Preferential Tariff Treatment) of Chapter 5 of the CUSMA.
ix. Authorized Signature and Date
The certification must be signed and dated by the certifier and accompanied by the following statement:
"I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification."
12. Goods may be shipped from a CUSMA country, with or without transshipment, to Canada. The transshipment conditions are contained in Article 4.18 of Chapter 4 of the CUSMA and the associated documentation requirements are contained in Article 5.4(3) of Chapter 5 of the CUSMA.
Exemption from the requirements of 35.1 (1) of the Customs Act
13. If the benefit of preferential tariff treatment under CUSMA is claimed for locomotives classified under heading No. 86.01 or 86.02, or railway freight cars classified under heading No. 86.06 of the List of Tariff Provisions set out in the schedule to the Customs Tariff, the importer and owner of the goods are exempt from the requirements of subsection 35.1(1) of the Customs Act with respect to those goods if they are transported overland from the United States into Canada.
14. An application for a refund under paragraph 74(1)(c.11) of the Customs Act may be made within four years from the date the goods were accounted for under subsections 32(1), (3), or (5), in respect of goods that were imported from the United States or Mexico on or after the date of entry into force of CUSMA.
15. For more information, please call the Border Information Service line from within Canada at 1-800-461-9999 or from abroad at 204-983-3500 or 506-636-5064. Long distance charges will apply. Agents are available Monday to Friday (08:00 -- 16:00 local time / except holidays). TTY is also available within Canada: 1-866-335-3237.
On May 1, 2020, the U.S. International Trade Commission ("USITC") released U.S. Trade and Investment with Sub-Saharan Africa: Recent Developments (Publication 5043 Inv. No. 332-571).
U.S. imports for consumption of apparel from SSA under AGOA grew at 9.9 percent between 2016 and 2018. Within SSA, five countries:
- Mauritius, and
In examining factors that may have affected the rise in apparel exports from SSA to the United States, the report states:
- Some multinational firms are looking for new sourcing options due to a rising emphasis on corporate social responsibility (CSR) in many countries.
- Regional integration efforts among SSA countries could also be contributing to the increase. For example, the African Continental Free Trade Area intends to remove duties on goods shipped within the continent to develop regional value chains and strengthen manufacturing capacities in SSA.
- According to the 2019 Fashion Industry Benchmarking Study, 83 percent of survey respondents expect to decrease sourcing from China over the next two years, up from 67 percent for the same question in 2018. However, the same survey found that only 28 percent of respondents were sourcing from SSA, a nearly 6 percent decline from 2016. Almost half of the respondents attributed their hesitancy about investing in the region to the temporary nature of AGOA. Moreover, long lead times, lack of infrastructure, and high logistical costs continue to deter apparel retailers from investing in the AGOA region.
Thursday, April 30, 2020
Wednesday, April 29, 2020
USTR Releases Annual Special 301 Report on Intellectual Property Protection and Review of Notorious Markets for Counterfeiting and Piracy
On April 29, 2020, The Office of the United States Trade Representative (USTR) released its annual Special 301 Report on the adequacy and effectiveness of trading partners' protection of intellectual property rights and the findings of its Review of Notorious Markets for Counterfeiting and Piracy (the Review), which highlights online and physical markets that reportedly engage in and facilitate substantial trademark counterfeiting and copyright piracy.
The Special 301 Report identifies trading partners that do not adequately or effectively protect and enforce intellectual property (IP) rights or otherwise deny market access to U.S. innovators and creators that rely on protection of their IP rights.
Trading partners that currently present the most significant concerns regarding IP rights are placed on the Priority Watch List or Watch List. USTR identified 33 countries for these lists in the Special 301 Report.
Priority Watch List:
- Saudi Arabia,
- Ukraine and
- Dominican Republic,
- Trinidad & Tobago,
- the United Arab Emirates,
- Uzbekistan and
USTR also announced Out-of-Cycle Reviews for Malaysia and Saudi Arabia.
These trading partners will be the subject of increased bilateral engagement with USTR to address IP concerns. Over the coming weeks, USTR will review the developments against the benchmarks established in the Special 301 action plans for those countries. For countries failing to address U.S. concerns, USTR will take appropriate actions, which may include enforcement actions under Section 301 of the Trade Act or pursuant to World Trade Organization (WTO) or other trade agreement dispute settlement procedures.
Saturday, April 25, 2020
USMCA To Enter Into Force July 1 After United States Takes Final Procedural Steps For Implementation
On April 24, 2020. U.S. Trade Representative Robert Lighthizer notified Congress that Canada and Mexico have taken measures necessary to comply with their commitments under the United States–Mexico–Canada Agreement (USMCA), and that the Agreement will enter into force on July 1, 2020. Following that notification to Congress, the United States became the third country to notify the other Parties that it had completed its domestic procedures to implement the agreement—the final step necessary for the USMCA to enter into force.
The USMCA’s entry into force marks the beginning of a historic new chapter for North American trade by supporting more balanced, reciprocal trade, leading to freer markets, fairer trade, and robust economic growth in North America. The Agreement contains significant improvements and modernized approaches to rules of origin, agricultural market access, intellectual property, digital trade, financial services, labor, and numerous other sectors. These enhancements will deliver more jobs, provide stronger labor protections, and expand market access, creating new opportunities for American workers, farmers, and ranchers.
“The crisis and recovery from the Covid-19 pandemic demonstrates that now, more than ever, the United States should strive to increase manufacturing capacity and investment in North America. The USMCA’s entry into force is a landmark achievement in that effort. Under President Trump’s leadership, USTR will continue working to ensure a smooth implementation of the USMCA so that American workers and businesses can enjoy the benefits of the new agreement,” said Ambassador Robert Lighthizer.
Thursday, April 23, 2020
CBP Implementing Instructions and Procedures for the Submissions of Petitions Regarding USMCA Rules of Origin
On April 22, 2020, the Office of the U.S. Trade Representative issued China 301 Exclusions relating to 108 articles.
The list includes the following textile articles:
18) Messenger bags of polyester, each measuring not more than 50 cm by 38 cm by 11 cm, weighing not more than 2.5 kg (described in statistical reporting number 4202.12.8130)
19) Backpacks with hydration system, each measuring not more than 51 cm by 28 cm by 9 cm, weighing not more than 1 kg (described in statistical reporting number 4202.92.0400)
20) Backpacks of 66.66 tex polyester, without hydration systems, each measuring not more than 57 cm by 44 cm by 11 cm (described in statistical reporting number 4202.92.3120)
21) Duffel bags of polyester, each measuring not more than 81 cm by 39 cm by 11 cm, weighing not more than 7 kg (described in statistical reporting number 4202.92.3131)
22) Duffel bags made predominantly of man-made fibers, each measuring not more than 98 cm by 52 cm by 17 cm, weighing not more than 7 kg, with wheels (described in statistical reporting number 4202.92.3131)
23) Garment bags of polyester, each measuring not more than 69 cm by 46 cm by 11 cm, weighing not more than 2 kg (described in statistical reporting number 4202.92.3131)
24) Shaving/toiletry bags of polyester, each measuring not more than 30 cm by 28 cm by 11 cm, weighing not more than 1 kg (described in statistical reporting number 4202.92.3131)
25) Padfolios of faux leather or polyester, with or without zippers, each containing a writing pad (described in statistical reporting number 4820.10.2020)
26) Binders with polyester covers, weighing less than 800 g, each measuring less than 36 cm in length, less than 25 cm in width, and less than 6 cm in depth (described in statistical reporting number 4820.30.0040)
27) Chinstraps designed for use on football helmets, each with webbing of woven polyester fabric encased in PVC, foam padding of closed cell foam and buckle clasp of stainless steel (described in statistical reporting number 6507.00.0000)