Regulations Enhancing the Administration of the Antidumping and Countervailing Duty Trade Remedy Laws

On July 12, 2024, the International Trade Administraction published in the Federal Register (89 FR 57286) Regulations Enhancing the Administration of the Antidumping and Countervailing Duty Trade Remedy Laws.

SUMMARY: Pursuant to Title VII of the Tariff Act of 1930, as amended (the Act), the U.S. Department of Commerce (Commerce) proposes to update its trade remedy regulations to enhance the administration of the antidumping duty (AD) and countervailing duty (CVD) laws. Specifically, Commerce proposes to codify existing procedures and methodologies and create or revise regulatory provisions relating to several matters including the collection of cash deposits, application of antidumping rates in nonmarket economy proceedings, calculation of an all-others’ rate, selection of examined respondents, and attribution of subsidies received by cross-owned input producers and utility providers to producers of subject merchandise.

DATES: To be assured of consideration, written comments must be received no later than September 10, 2024.

AGOA Private Sector Forum July 24, Washington, DC & Virtual

Learn more and register HERE.

CSMS # 61247712 - GUIDANCE: Extension of Section 301 China Product Exclusions

On May 30, 2024, United States Trade Representative (USTR) published Federal Register Notice (FRN) 89 FR 46948 to provide a 14-day transition period for exclusions listed in Annex A and B, extending them through June 14, 2024, and to further extend exclusions listed in Annex C through May 31, 2025.

The 429 product specific exclusions scheduled to expire on May 31, 2024, and extended through June 14, 2024, are listed in Annex A and B to FRN 89 FR 46948. Those exclusions receiving further extension are listed in Annex C to FRN 89 FR 46948 are extended through May 31, 2025.

Automated Commercial Environment (ACE) functionality for the acceptance of the current exclusions listed in Annex A and B is immediately available; functionality for the acceptance of Annex C exclusions will be available on June 13, 2024, as of 7 am eastern daylight time.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below, per FRN 89 FR 46948.

Per Annex A, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 1, 2024, and before 11:59 p.m. ET on June 14, 2024, the article description of heading 9903.88.67 and U.S. notes 20(ttt)(i-iv) of the HTSUS is modified by deleting “May 31, 2024,” and by inserting “June 14, 2024.” Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.67 is submitted.

Per Annex B, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 1, 2024, and before 11:59 p.m. ET on June 14, 2024, the article description of heading 9903.88.68 and U.S. notes 20(uuu)(i-iv) of the HTSUS is modified by deleting “June 1, 2024,” and by inserting “June 15, 2024.”

Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.68 is submitted.

Per Annex C, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 15, 2024, and before 11:59 p.m. ET on May 31, 2025, the article description of heading 9903.88.69 and U.S. notes 20(vvv)(i-iv) of the HTSUS is inserted in numerical sequence by adding “9903.88.69.”

Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.69 is submitted.

ADDITIONAL INFORMATION

Imports which have been granted a product exclusion from the Section 301 measures and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.

To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe. The latest guidance on the process for submitting retroactive claims for product exclusions to CBP is found in CSMS 42566154.

Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.

See also, summary of Section 301 duties and product exclusion notifications.

SWOMOG Children’s Pajamas Recalled Due to Burn Hazard; Violation of Federal Flammability Regulations; Sold Exclusively on Amazon.com by SWOMOG

This recall involves SWOMOG children’s two-piece pajama sets sold in satin and ribbed modal fabrics. They were sold in sizes 4-5 years, 6-7 years, 8-9 years, 10-11 years, 12-13 years, and 14-15 years. The satin pajamas were sold in 15 colors, including black, blue, champagne, deep green, green, lavender, marina blue, matcha, misty rose, navy, pink, red 1, rose red, sakura pink, and white. The ribbed modal fabric was sold in black. The satin pajama sets were sold in both a short-sleeve/shorts set, and a long-sleeve/pants set. The modal pajama set was only sold in short-sleeve/shorts set. The side-seam label states the place of manufacture “China”, the date of manufacture, between May 2022 and October 2023, in the format “Apr.01.2023", and manufacturer name “ShenZhen Bai Si Te Clothing limited Company”.

Remedy: Consumers should immediately take the recalled pajamas away from children, stop using them and contact SWOMOG to receive a full refund. Consumers should destroy the garments by cutting the top and bottom in half, and disposing of them in accordance with local and state recycling laws. Consumers should email the recalling firm a photo of the destroyed garment at swomogservice@163.com to receive a refund. SWOMOG is contacting all known purchasers directly.

Incidents/Injuries: None reported.

Sold At: Exclusively online at Amazon.com from May 2022 through January 2024 for between $16 to $43.

Importer(s): ShenZhen Bai Si Te Clothing Limited Company, dba SWOMOG, of China

Manufactured In: China

Recall number: 24-289

More information and photos HERE.

American Woolen Company Creates Unique Prize For GAF Modified Masters Event At Stafford

Stafford Speedway and the American Woolen Company have partnered to create a unique prize for the inaugural GAF Roofing Modified Masters scheduled for Wednesday, July 17th.

Read more HERE.

Increased Imports of Fine Denier Polyester Staple Fiber Injure U.S. Industry, USITC Determines

On July 9, 2024, the U.S. International Trade Commission (USITC) determined that fine denier polyester staple fiber (PSF) is being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article.

Read more HERE.

Leather Flight Jacket Contract Awarded

July 2, 2024, Excelled Sheepskin & Leather Coat Corp.,* Kewanee, Illinois, has been awarded a maximum $10,256,400 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for brown leather flight jackets. This was a competitive acquisition with two responses received. This is a four-year contract with no option periods. The ordering period end date is July 2, 2028. Using military service is Air Force. 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-0057).

*Small business