Thursday, November 30, 2023

CBP CAFTA Textile Cumulation Goods

Commodities:

Apparel goods of chapter 62, cut or knit-to-shape, and sewn or otherwise assembled in a CAFTA-DR country, utilizing materials from Mexico, as provided for in chapter 98, subchapter XXII, U.S. Note 21

Quota Period:

January 1, 2024, through December 31, 2024

Opening Date:

Monday January 2, 2024

Restraint Levels
OVERALL LIMIT

100,000,000 square meter equivalents (SME) Goods of chapter 62 sub-limits use HTS1 9822.05.11 for quota limited entries.

SUB LIMITS 45,000,000 Square Meter Equivalent (SME) Trousers, skirts, and parts thereof, of cotton or man-made fibers, or subject to cotton or man-made fiber restraints (see chapter 98, subchapter XXII, U.S. note 21(b)(i) for qualifying HTS numbers.)
SUBLIMITS 20,000,000 SME sublimit for cotton blue denim Trousers and skirts (see chapter 98, subchapter XXII, U.S. note 21(b)(ii) for qualifying HTS numbers.) 
SUBLIMITS 1,000,000 SME sublimit for apparel goods, not knitted or crocheted.  Containing 36 percent or more by weight of wool or subject to wool restraints (see chapter 98, subchapter XXII, U.S. note 21(b)(iii) for qualifying HTS numbers.)
HTS Numbers
First Tariff Field Second Tariff Field
9822.05.11 see chapter 98, subchapter XXII, U.S. Note 21(b) for details
9822.05.13 see chapter 98, subchapter XXII, U.S. Note 21(c) for details of certain wool garments that are exempt from the limit.

Reporting Instructions:

Use entry type code 02, 06, 07, 12, 23, 32, 38, or 52

Report in units of measure as shown in the HTSUS.

Read more from CBP HERE.

Read more from Agathon Associates HERE.

Virginia tactical gear & equipment company agrees to pay more than $2 million to settle allegations related to Berry Amendment

November 20, 2023, Virginia tactical gear & equipment company agrees to pay more than $2 million to settle allegations related to Berry Amendment

  • https://www.justice.gov/usao-sdoh/pr/virginia-tactical-gear-equipment-company-agrees-pay-more-2-million-settle-allegations
  • London Bridge Trading Company, Ltd. (“LBT”) entered the settlement with the United States and qui tam relator Ann Keating.
  • DLA purchased a variety of textile-based products from LBT, including clothing, armor, boots, belts, bags, rope, slings, backpacks and medical pouches. This settlement specifically addressed load-out bags purchased from LBT that violated the TAA and Berry Amendment.
  • The civil settlement includes the resolution of claims brought by an employee of LBT under the qui tam provisions of the False Claims Act. These provisions allow a private party, known as a relator, to file an action on behalf of the United States and receive a portion of any recovery. Under the terms of the settlement agreement the relator will receive a share of the proceeds.

Duffel Bag Contract Awarded

November 30, 2023, PRAK Industries LLC,* Camuy, Puerto Rico, has been awarded a maximum $42,478,800 fixed-price, indefinite-delivery/indefinite-quantity for duffel bags. This was a competitive 8(a) small business set-aside acquisition with five responses received. This is a two-year contract with no option periods. The ordering period end date is Nov. 29, 2025. Using customers are Army, Navy, Air Force, Marine Corps, and Coast Guard. Type of appropriation is fiscal 2024 through 2026 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-0018).

*Small Business / *8(a) small business

Army and Air Force Coat and Trouser Contract Awarded

November 28, 223, M M Manufacturing LLC,** Lajas, Puerto Rico, has been awarded a maximum $9,969,600 modification (P00016) exercising the second one-year option period of a one-year base contract (SPE1C1-22-D-1517) with four one-year option periods for various types of coats and trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. The ordering period end date is Nov. 30, 2024. Using military services are Army and Air Force. Type of appropriation is fiscal 2024 through 2025 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

**Woman-owned small business in historically underutilized business zones

Wednesday, November 22, 2023

Commercial Customs Operations Advisory Committee

On November 21, 2023, U.S. Customs and Border Protection published in the Federal Register (88 FR 81093) Commercial Customs Operations Advisory Committee.

The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, December 13, 2023, in Washington, DC. The meeting will be open for the public to attend in person or via webinar.

The COAC will hear from the current subcommittees on the topics listed below:

1. The Intelligent Enforcement Subcommittee will provide updates on the work completed and topics discussed in its working groups as well as present proposed recommendations for COAC's consideration. The Antidumping/Countervailing Duty (AD/CVD) Working Group will provide updates regarding its work and discussions on importer compliance with AD/CVD requirements. The Bond Working Group will report on the ongoing discussions and status updates for eBond requirements and new guidance that CBP is developing for the trade community on setting bond amounts. The Intellectual Property Rights (IPR) Process Modernization Working Group will report on the development of a portal on the CBP IPR web page and other enhancements in communications between CBP, rights holders, and the trade community regarding enforcement actions, and anticipates providing proposed recommendations for the committee's consideration regarding these matters. The Forced Labor Working Group (FLWG) will report on the progress of the implementation of prior recommendations made by COAC and anticipates providing new proposed recommendations for the committee's consideration.

2. The Next Generation Facilitation Subcommittee will provide updates on its working groups. The Passenger Air Operations (PAO) Working Group continues focusing its discussions on CBP security seal processing (E-seals and badges), elimination of outdated or obsolete forms, and global entry/trusted traveler programs and will provide an update on those discussions. The Customs Interagency Industry Working Group (CII) continues to work on identifying data redundancies to improve efficiencies for the government and the trade. Although the Automated Commercial Environment (ACE) 2.0 Working Group has been on hiatus, they plan to meet during the quarter to have an internal review and will provide an update on ACE 2.0 and the remaining business case scenario status.

3. The Rapid Response Subcommittee will provide updates from the Broker Modernization Working Group and the United States-Mexico-Canada Agreement (USMCA) Chapter 7 Working Group. The Broker Modernization Working Group meets regularly and continues to focus on Continuing Education for Licensed Customs Brokers and the Customs Broker Licensing Exams. The USMCA Working Group meets bi-weekly with the expectation that proposed recommendations will be developed and submitted for consideration at the COAC public meeting. The current focus of this working group is to review the Chapter 7 articles of the USMCA and identify gaps in implementation between the United States, Mexico, and Canada.

4. The Secure Trade Lanes Subcommittee will provide updates on its six active working groups: the Export Modernization Working Group, the In-Bond Working Group, the Trade Partnership and Engagement Working Group, the Pipeline Working Group, the Cross-Border Recognition Working Group, and the De Minimis Working Group. The Export Modernization Working Group has continued its work on the electronic export manifest pilot program and recently brought in colleagues from the Canadian Border Services Agency to discuss required data elements. The In-Bond Working Group has continued its focus on the implementation of prior recommendations made by COAC. The Trade Partnership and Engagement Working Group has begun its work on the elements of the Customs Trade Partnership Against Terrorism (CTPAT) security program. The Pipeline Working Group has been discussing the most appropriate ``next step'' commodities and potential users of Distributed Ledger Technology to engage once the pilot for tracking pipeline-borne goods deploys. The Cross-Border Recognition Working Group began to meet again to develop tasks specific to its statement of work. The De Minimis Working Group has continued its work on strengthening the supply chain and mitigating risks in the low-value package environment.

CBP officers seized multiple designer items for bearing counterfeit trademarks

November 21, 2023, U.S. Customs and Border Protection (CBP) officers at the Buffalo Port of Entry, Peace Bridge warehouse, seized multiple designer items for bearing counterfeit trademarks.

Over the past few weeks, CBP officers inspected a package listed as ‘gift items’ that contained multiple designer handbags and a pair of sneakers. After a thorough examination of the merchandise, the handbags and sneakers were determined to be inauthentic and were seized for bearing counterfeit trademarks. Had the items been authentic, the total Manufacturer Suggested Retail Price (MSRP) value would be approximately $18,800 dollars.

Read more HERE

Certain Pillows and Seat Cushions, Components Thereof, and Packaging Thereof; Notice of a Commission Determination To Issue a General Exclusion Order, a Limited Exclusion Order, and Cease and Desist Orders; Termination of Investigation

On November 17, 2023, the U.S> International Trade Commission published in the Federal Register (88 FR 80334) Commission Determination To Issue a General Exclusion Order, a Limited Exclusion Order, and Cease and Desist Orders; Termination of Investigation.

Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to issue a limited exclusion order (‘‘LEO’’) directed to Foshan Dirani Design Furniture Co., Ltd. (‘‘Dirani Design’’) barring entry of certain pillows and seat cushions, components thereof, and packaging thereof that infringe certain claims of U.S. Patent No. 10,863,837 (‘‘the ’837 patent’’); a general exclusion order (‘‘GEO’’) barring entry of certain pillows and seat cushions, components thereof, and packaging thereof that infringe certain claims of U.S. Patent No. 10,772,445 (‘‘the ’445 patent’’); and cease and desist orders (‘‘CDOs’’) directed to respondents Dirani Design, Dongguan Jingrui Silicone Technology Co., Ltd., Hangzhou Lydia Sports Goods Co., Ltd., and Shenzhen Leadfar Industry Co., Ltd.

Flemish Master Weavers FTZ Application Approved Subject to Quantitative Restriction

On November 13, 2023, the Foreign-Trade Zone Board published in the Federal Register (88 FR 77549) Approval for Production Authority; Foreign-Trade Zone 186; Flemish Master Weavers; (Machine-Made Woven Area Rugs); Waterville, Maine.

The application for production authority under zone procedures within Subzone 186A on behalf of Flemish Master Weavers, as described in the application and Federal Register notice, is approved, subject to the FTZ Act and the Board's regulations, including section 400.13, and further subject to the following restrictions:

1. the annual quantitative volume of continuous filament polypropylene yarn that FMW may admit into Subzone 186A under nonprivileged foreign (NPF) status (19 CFR 146.42) is limited to 2.6 million kilograms; and,

2. approval is limited to a period of five years, subject to extension upon review.

Thursday, November 16, 2023

Children’s Nightgowns Recalled Due to Burn Hazard and Violation of Federal Flammability Standards; Sold by iMOONZZZ Exclusively on Amazon.com

This recall involves four styles of iMOONZZZ-branded children’s nightgowns. The nightgowns were sold in sizes 3-4T, 5-6 Years, 6-7 Years, 7-8 Years, 8-9 Years, and 10-12 Years. “iMOONZZZ,” “Made in China,” the size, the fiber content and the washing instructions are printed on a sewn-in, side-seam label.

 

Style

Style Color

Fabric content

Nightgowns for Girls, Long Vintage Soft Cotton Sleepwear, Full Length Nightdress

White, pink, blue, Vintage floral, Sakura, Rainbow Castle, Colorful Floral, Sweet Rose, Striped Flowers

100% Cotton

Nightgowns for Girls, Long Vintage Soft Cotton Sleepwear, Full Length Short Sleeve Nightdress

White, pink, blue, Vintage Floral, Sakura

100% Cotton

Nightgowns for Girls, Soft Cotton Long Sleeve Sleepwear, Full Length Mesh Nightdress

White

Shell: 100% Polyester, 

Lining: 95% Cotton,

5% Spandex

Girls Princess Nightgown, Winter Soft Fleece Long Sleeve Sleepwear

Blue, white, pink

95% Polyester, 5% Elastane

Remedy:

Consumers should immediately take the recalled nightgowns away from children, stop using them and contact iMOONZZZ for a full refund. Consumers will be asked to destroy the garments by cutting them in half and disposing of them in accordance with local state recycling laws.  Consumers should send the recalling firm a photo of the destroyed garment by email at imoonzzz-recall@cdreame.com. Upon receipt of the photo, consumers will be issued a full refund of the purchase price. iMOONZZZ is contacting all known purchasers directly.

Incidents/Injuries:

None reported

Sold Exclusively At:
Online at www.amazon.com from March 2023 through June 2023 for between $20 and $29.
Importer(s):

 iMOONZZZ, of China

Manufactured In:
China
Recall number:
24-712

More information and photos HERE.

Wednesday, November 15, 2023

Moisure Wicking T-Shirt Contract Awarded

November 13, 2023, Sawasawa LLC, Los Angeles, California, has been awarded a maximum $8,436,656 modification (P00004) exercising the second one-year option period of a one-year base contract (SPE1C1-22-D-1515) with four one-year option periods for moisture wicking t-shirts. This is an indefinite-delivery contract. The ordering period end date is Nov. 29, 2024. Using military service is Army. Type of appropriation is fiscal 2024 through 2025 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Army Helmet Pad Suspension System Contract Awarded

November 13, 2023, National Industries for the Blind,** Alexandria, Virginia, has been awarded an estimated $14,276,250 modification (P00007) exercising the first one-year option period of a one-year base contract (SPE1C1-23-D-B002) with four one-year option periods for advanced combat helmet pad suspension systems. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Locations of performance are Pennsylvania and North Carolina, with a Nov. 17, 2024, ordering period end date. Using military service is Army. Type of appropriation is fiscal 2024 through 2025 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

**Mandatory source

Thursday, November 9, 2023

Dress Coat Contract Awarded

November 9, 2023,Creighton AB Inc., Reidsville, North Carolina, has been awarded a maximum $13,260,110 modification (P00018) exercising the fourth one-year option period of a one-year base contract (SPE1C1-20-D-1274) with four one-year option periods for dress coats. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is New York, with a Nov. 14, 2024, ordering period end date. Using military service is Air Force. Type of appropriation is fiscal 2024 through 2025 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Wednesday, November 8, 2023

Air Force and Coast Guard All-Weather Coat Contract Awarded

November 8, 2023, American Apparel Inc.,* Selma, Alabama, has been awarded a maximum $31,699,789 firm-fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for men's all-weather coats. This was a competitive acquisition with three responses received. This is a five-year contract with no option periods. The ordering period end date is Nov. 7, 2028. Using customers are Air Force and Coast Guard. Type of appropriation is fiscal 2024 through 2029 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-0015).

*Small Business

Collapsible Deployment Bags Contract Awarded

November 7, 2023, Excel Garment Manufacturing Ltd.,* El Paso, Texas, has been awarded a maximum $29,333,640 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for collapsible deployment bags. This was a competitive acquisition with three responses received. This is a three-year contract with no option periods. The ordering period end date is Nov. 6, 2026. Using military service is Marine Corps. Type of appropriation is fiscal 2024 through 2027 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-0008).

*Small Business

Yoocaa Baby Loungers Recalled Due to Suffocation Risk and Fall and Entrapment Hazards; Fails to Meet Safety Requirements for Infant Sleep Products; Exclusively on Amazon.com by Yoocaa Direct

This recall involves baby loungers made of a cloth cover with a foam sleeping pad and padded bumper. The baby loungers were advertised as “baby lounger” and “baby nest” and were sold in different printed fabrics and colors, including animal, blue star, cloud, feather, flower, forest, leaf, pink star, polar bear and zoo. “SLEEPING SET” is printed on a tag sewn on the interior of the cover.

The recall applies to products purchased on or after June 23, 2022, and consumers should review their Amazon purchase history to determine their purchase date. Consumers who still have the packaging can also review the packaging for a label that states the date of manufacture, marked in the format “LOT: YYYYMMDD.” This recall applies to products manufactured with “LOT” markings on the packaging of 20220623 (representing June 23, 2022) or later dates.

Remedy: Consumers should immediately stop using the recalled baby loungers and contact Yoocaa Direct for instructions on how to receive a full refund and properly dispose of the product. Yoocaa Direct and Amazon are contacting all known purchasers directly.

Incidents/Injuries: None reported

Sold At: Exclusively online at Amazon.com from January 2021 through May 2023 for between $30 and $55.

Importer(s): He Nan Ji Bu Gong Yi Pin You Xian Gong Si, D/B/A Yoocaa Direct, of China

Manufactured In: China

Recall number:24-017

More information and photos HERE.

Friday, November 3, 2023

Women's Service Uniform Dress Slack Contract Awarded

November 3, 2023, Goodwill Industries of South Florida Inc.,** Miami, Florida, has been awarded a maximum $15,175,195 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for women's service uniform dress slacks. This is a five-year contract with no option periods. The ordering period end date is Nov. 2, 2028. Using military service is Army. Type of appropriation is fiscal 2024 through 2028 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-N004).

** Mandatory source

Honor Our Veterans on Armistice Day

Friday, November 10, 2023, is Veterans Day, a federal holiday in the United States. National, state, and local government offices will be closed in commemoration. Most businesses will be open.

Do you pause for a moment of silence at the eleventh hour of the eleventh day of the eleventh month? I remember, decades ago, in grade school, we all did so in observance of Armistice Day, even though the name of the commemoration had been official changed to Veterans Day way back in 1954.

Without question, we do right to honor our soldiers, seamen, airmen, marines, and coast guard with a public holiday. But let us not forget the origins of Veterans Day/Armistice Day, as remembrance of the end of the "War to End All Wars." Thomas Hardy wrote And There Was a Great Calm on the occasion of the signing of the armistice, here's one stanza --

Breathless they paused. Out there men raised their glance
To where had stood those poplars lank and lopped,
As they had raised it through the four years’ dance
Of Death in the now familiar flats of France;
And murmured, 'Strange, this! How? All firing stopped?'

In November 1919, President Wilson proclaimed November 11 as the first commemoration of Armistice Day. In 1926 Congress officially encouraged the observance of the day throughout the nation, but in was not until 1938 that Armistice Day became a legal federal holiday.

In 1954, November 11th became a day to honor American veterans of all wars and President Dwight D. Eisenhower issued the first Veterans Day Proclamation. Subsequent Presidents have continued the practice of issuing such proclamations.

By the way, Veterans Day is always on November 11th, which this year is a Monday. In 1968 the Uniform Holiday Bill removed several federal holidays from their traditional dates, placing them on Mondays in order to create three-day weekends. But many were not pleased with this tinkering with Veterans Day and in 1975 President Gerald R. Ford signed the law which returned the annual observance of Veterans Day to its original date of November 11, beginning in 1978. This action supported the desires of the overwhelming majority of state legislatures, all major veterans service organizations and the American people. The exception is when Veterans Day falls on the weekend, in which case it is moved to the nearest weekday.

For more information on the celebration of Veterans Day, see www.va.gov/opa/vetsday

God Bless the United States of America!

Low Melt Polyester Staple Fiber From the Republic of Korea Antidumping Review

On November 3, 2023, the International Trade Administration published in the Federal Register (88 FR 75558 [A–580–895] Low Melt Polyester Staple Fiber From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021–2022.

Thursday, November 2, 2023

DR-CAFTA Short Supply Request: Certain Two-Way Stretch Polyester/Spandex Woven Fabric

The subject product is a two-way stretch polyester/spandex woven. A complete description is set forth below. Konffetty, S.A de C.V. utilizes this fabric for the production primarily of kids wear and adult clothing. The fabric has the content, characteristics, hand feel, and price range that render it perfectly suitable for the dresswear trade. The fabric is classifiable under HTSUS 5407.51, 5407.52, and 5407.53, depending on the percentages of filaments and spandex

CAFTA Cumulation

Cumulation is one of the derogations from the yarn forward rule. The agreement provides that apparel articles classified in the Chapter 62 of the Harmonized System may include inputs from Canada or Mexico, up to certain quantitative limits. Chapter 62 is "Articles of apparel and clothing accessories, not knitted or crocheted." As a shorthand we often call Chapter 62 "Woven apparel," but it is important to note that there are some anomalies. For example, Harmonized System Heading 6212 provides for "Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted."

Cumulation is in effect for:

  • Costa Rica,
  • El Salvador,
  • Guatemala, and
  • Honduras.

There is no cumulation for Dominican Republic.

Cumulation applies to any of the textile components required to originate: