Wednesday, July 26, 2017

President Trump's Executive Order Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States

On July 26, 2017, the President published in the Federal Register (82 FR 34597) Executive Order 13806 of July 21, 2017, Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States.

Section 1. Policy. A healthy manufacturing and defense industrial base and resilient supply chains are essential to the economic strength and national security of the United States. The ability of the United States to maintain readiness, and to surge in response to an emergency, directly relates to the capacity, capabilities, and resiliency of our manufacturing and defense industrial base and supply chains. Modern supply chains, however, are often long and the ability of the United States to manufacture or obtain goods critical to national security could be hampered by an inability to obtain various essential components, which themselves may not be directly related to national security. Thus, the United States must maintain a manufacturing and defense industrial base and supply chains capable of manufacturing or supplying those items.

The loss of more than 60,000 American factories, key companies, and almost 5 million manufacturing jobs since 2000 threatens to undermine the capacity and capabilities of United States manufacturers to meet national defense requirements and raises concerns about the health of the manufacturing and defense industrial base. The loss of additional companies, factories, or elements of supply chains could impair domestic capacity to create, maintain, protect, expand, or restore capabilities essential for national security.

As the manufacturing capacity and defense industrial base of the United States have been weakened by the loss of factories and manufacturing jobs, so too have workforce skills important to national defense. This creates a need for strategic and swift action in creating education and workforce development programs and policies that support job growth in manufacturing and the defense industrial base.

Strategic support for a vibrant domestic manufacturing sector, a vibrant defense industrial base, and resilient supply chains is therefore a significant national priority. A comprehensive evaluation of the defense industrial base and supply chains, with input from multiple executive departments and agencies (agencies), will provide a necessary assessment of our current strengths and weaknesses.

Sec. 2. Assessment of the Manufacturing Capacity, Defense Industrial Base, and Supply Chain Resiliency of the United States. Within 270 days of the date of this order, the Secretary of Defense, in coordination with the Secretaries of Commerce, Labor, Energy, and Homeland Security, and in consultation with the Secretaries of the Interior and Health and Human Services, the Director of the Office of Management and Budget, the Director of National Intelligence, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, the Director of the Office of Trade and Manufacturing Policy, and the heads of such other agencies as the Secretary of Defense deems appropriate, shall provide to the President an unclassified report, with a classified annex as needed, that builds on current assessment and evaluation activities, and:

    (a) identifies the military and civilian materiel, raw materials, and other goods that are essential to national security;

    (b) identifies the manufacturing capabilities essential to producing the goods identified pursuant to subsection (a) of this section, including emerging capabilities;

    (c) identifies the defense, intelligence, homeland, economic, natural, geopolitical, or other contingencies that may disrupt, strain, compromise, or eliminate the supply chains of goods identified pursuant to subsection (a) of this section (including as a result of the elimination of, or failure to develop domestically, the capabilities identified pursuant to subsection (b) of this section) and that are sufficiently likely to arise so as to require reasonable preparation for their occurrence;

    (d) assesses the resiliency and capacity of the manufacturing and defense industrial base and supply chains of the United States to support national security needs upon the occurrence of the contingencies identified pursuant to subsection (c) of this section, including an assessment of:

      (i) the manufacturing capacity of the United States and the physical plant capacity of the defense industrial base, including their ability to modernize to meet future needs;

      (ii) gaps in national-security-related domestic manufacturing capabilities, including non-existent, extinct, threatened, and single-point-of-failure capabilities;

      (iii) supply chains with single points of failure or limited resiliency, especially at suppliers third-tier and lower;

      (iv) energy consumption and opportunities to increase resiliency through better energy management;

      (v) current domestic education and manufacturing workforce skills;

      (vi) exclusive or dominant supply of the goods (or components thereof) identified pursuant to subsection (a) of this section by or through nations that are or are likely to become unfriendly or unstable; and

      (vii) the availability of substitutes for or alternative sources for the goods identified pursuant to subsection (a) of this section;

    (e) identifies the causes of any aspect of the defense industrial base or national-security-related supply chains assessed as deficient pursuant to subsection (d) of this section; and

    (f) recommends such legislative, regulatory, and policy changes and other actions by the President or the heads of agencies as they deem appropriate based upon a reasoned assessment that the benefits outweigh the costs (broadly defined to include any economic, strategic, and national security benefits or costs) over the short, medium, and long run to:

      (i) avoid, or prepare for, any contingencies identified pursuant to subsection (c) of this section;

      (ii) ameliorate any aspect of the defense industrial base or national-security-related supply chains assessed as deficient pursuant to subsection (d) of this section; and

      (iii) strengthen the United States manufacturing capacity and defense industrial base and increase the resiliency of supply chains critical to national security.

Tuesday, July 25, 2017

USITC Releases The Year in Trade 2016

The U.S. International Trade Commission (USITC) today released The Year in Trade 2016, its annual overview of developments regarding the administration of U.S. trade laws and trade agreements.

The USITC's The Year in Trade is one of the government's most comprehensive reports available regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 68th in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.

The publication reviews U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO), and developments regarding U.S. free trade agreements (FTAs), FTA negotiations, and U.S. bilateral trade relations with major trading partners in 2016.

The Year in Trade 2016 covers:

  • all U.S. antidumping, countervailing duty, safeguard, intellectual property rights infringement, and section 301 cases active in 2016. In addition, the 2016 report covers the operation of U.S. trade preference programs, including the U.S. Generalized System of Preferences, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;

  • WTO dispute settlement decisions and other significant activities in the WTO, the Organisation for Economic Co-operation and Development, and the Asia-Pacific Economic Cooperation forum;

  • on an Environmental Goods Agreement, a Trade in Services Agreement, and the Transatlantic Trade and Investment Partnership, and developments regarding the North American Free Trade Agreement and other U.S. FTAs already in effect; and

  • bilateral trade issues with selected major U.S. trading partners—the European Union, China, Canada, Mexico, Japan, South Korea, India, Taiwan, and Brazil—as well as Cuba.

The report also provides an overview of U.S. trade in goods and services during 2016. Statistical tables highlight U.S. bilateral trade with major trading partners and trade under U.S. trade preference programs and free trade agreements.

An interactive, web-based version of The Year in Trade 2016 will be released this Fall. A separate announcement will be made when that version is released.

Daniels Retires from AATCC

After 21 years of service, Executive Vice-President John Y. “Jack” Daniels will retire from AATCC on March 2, 2018... READ MORE.

Joseph Lawrence Gorga, July 17, 1952 - July 22, 2017

Joseph L. Gorga, retired president and CEO of International Textile Group, passed away unexpectedly on July 22, 2017. READ HIS OBITUARY HERE

More Bahrain Short Supply Comments Filed

As Agathon Associates reported last week, the U.S. textile industry has weighed in with opposition to the short supply requests from Bahrain. Most recently, the National Council of Textile Organizations and the American Fiber Manufacturers Association submitted comments in opposition. To view all the comments submitted CLICK HERE.

Sunday, July 23, 2017

ZORJAR Recalls Women’s Scarves Due to Violation of Federal Flammability Standard; Sold Exclusively on Amazon.com

Recall Details

Description: This recall includes ZORJAR women’s fashion scarves. On Amazon.com the scarves were sold as “ZORJAR Women Beautiful Solid Color 100% Pure Silk Thin Long Shawl Wrap Scarf.” The recalled scarves have a metal tassel in either gold or silver attached to the corner of the scarf. The scarves measure about 43 inches long by 70 inches wide and weigh 0.5 ounces per square yard. The scarf has a small black side seam label stating “100% silk.” The scarves were sold in the following 26 colors: Salmon, Pink Yellow, Yellow, Watermelon, Red, Coffee, Royal Blue, Rose, Beige, Wine Red, Light Purple, Black, Blue Green, Blackish Green, Gradient Purple Pink, Gradient Khaki Pink, Gradient Beige Green, Gradient Beige Wine, Gradient Green, Gradient Orange, Gradient Watermelon, Gradient Yellow Green, Gradient Rose, Gradient Royal Blue, Gradient Light Blue, Gradient Light Purple and Gradient Khaki.

Remedy: Consumers should immediately stop using the recalled scarves and contact the firm for a full refund. ZORJAR is directly contacting consumers who have purchased the scarves.

Incidents/Injuries: None reported

Sold Exclusively At: vAt www.amazon.com from February 2015 through May 2017 for between $23 and $25.

Manufacturer(s): Zhe Jiang Yin Suo Zhi Ran You Xian Gong Si, of China

Importer(s): ZORJAR, of China

Manufactured In: China

Units: About 1,700

Friday, July 21, 2017

Comments Due Today on Bahrain Short Supply Request

The Government of the United States received a request from the Government of Bahrain, submitted on March 23, 2017, to initiate consultations under Article 3.2.3 of the U.S.-Bahrain Free Trade Agreement. The Government of Bahrain is requesting that the United States and Bahrain ("the Parties") consider revising the rules of origin for certain knit and woven apparel to address availability of supply of certain knit and woven fabrics in the territories of the Parties. The list of fabrics includes many woven and knitted fabrics readily available from manufacturers in the U.S.

COMMENTS ARE DUE TODAY.

As of 11:00 today, eight sets of opposition comments had been filed by:

  1. Agathon Associates, May 31, 2017
  2. Darlington Fabrics June 12, 2017
  3. Mount Vernon Mills June 22, 2017
  4. Elastic Fabrics of America July 13, 2017
  5. Milliken & Company July 17, 2017
  6. Burlington July 20, 2017
  7. Hornwood, Inc. July 20, 2017
  8. Inman Mills July 20, 2017

Thursday, July 20, 2017

Bolt Threads Announces a Partnership with Sustainable Luxury Pioneer Stella McCartney

Agathon Associates' client Bolt Thread's recently announced a partnership with Stella McCartney, a world-renowned brand known for its dedication to eco-innovation. They'll be unveiling their first collaborative product, a one-of-a-kind custom dress made entirely of Bolt Microsilk™ at the New York Museum of Modern Art’s upcoming exhibit “Items: Is Fashion Modern?” opening October 1st.

USTR Announces First Round of NAFTA Negotiations

Washington, D.C. – United States Trade Representative Robert Lighthizer today announced arrangements for the first round of negotiations for the North American Free Trade Agreement (NAFTA).

The first round of the negotiations between the United States, Canada and Mexico will take place in Washington, D.C. from August 16 – 20, 2017.

The negotiations immediately follows the 90-day consultation period with Congress and the public initiated on May 18, 2017. On that day, Ambassador Lighthizer notified Congress of President Trump's intent to renegotiate NAFTA to get a better deal for America's workers, farmers, businesses and manufacturers.

Ambassador Lighthizer also announced that John Melle, Assistant U.S. Trade Representative for the Western Hemisphere, will serve as Chief Negotiator for the NAFTA negotiations. In his role as Chief Negotiator, Melle will be responsible for the day-to-day negotiations at the staff level.

Since joining USTR in 1988, John Melle has held a number of positions covering Mexico, Canada, the Caribbean and Central America. As Assistant USTR for the Western Hemisphere, he is responsible for developing, coordinating and implementing the United States’ trade policy for the region.

Fine Denier Polyester Staple Fiber From the Socialist Republic of Vietnam: Termination of Less-Than-Fair-Value Investigation

On June 27th, we reported that the U.S. Department of Commerce Department had received countervailing duty ("CVD") Petitions concerning imports of fine denier polyester staple fiber from India and the People's Republic of China, filed in proper form on behalf of DAK Americas LLC, Nan Ya Plastics Corporation, America, and Auriga Polymers, Inc. The CVD Petitions were accompanied by antidumping duty ("AD") Petitions concerning imports of fine denier PSF from both of the countries listed above, in addition to the Republic of Korea, Taiwan, and the Socialist Republic of Vietnam. The petitioners are domestic producers of fine denier PSF.

On July 20th, the Department of Commerce published notice that the petitioners have withdrawn their May 31, 2017, petition with respect to Vietnam, and requested that the Department terminate this investigation. The Department is terminating the less-than-fair-value investigation of fine denier PSF with respect to Vietnam.

Wednesday, July 19, 2017

Agathon Associates to Present on FTZs at Boston Trade Seminar

Massport invites you to attend an informational session to demonstrate how FTZ #27 can increase your firm’s profitability! Foreign-Trade Zones (FTZs) allow companies to defer, reduce, or entirely eliminate Customs duties on foreign products imported into zones for storage, assembly, manufacturing, value-adding, and processing.

Seminar: Foreign-Trade Zone Advantages
Wednesday, July 26th, 2017
8:00 – 10:00 AM
Flynn Cruiseport Boston at Black Falcon Terminal Mezzanine Hall, 2nd Floor
1 Black Falcon Avenue
Boston, Mass. 02210

Registration is FREE and will be submitted upon RSVP acceptance. A continental breakfast is included, followed by presentations featuring:

DAVID TRUMBULL - David Trumbull is Principal of Agathon Associates, a Boston-based consulting company engaged in helping companies understand and benefit from U.S. international trade regulations and other regulations. Prior to starting Agathon Associates in 2013, David was Vice President for International Trade at the National Textile Association. He has over 20 years’ experience representing U.S. manufacturers and is licensed by the U.S. Department of Homeland Security as a Customs Broker.

SCOTT TAYLOR - Scott S. Taylor is a partner with Miller & Company P.C., a law firm serving a diverse clientele exclusively in the area of international trade, Customs and foreign-trade zone law. Scott has developed and structured over 350 foreign-trade zone projects including alternative site framework applications, special-purpose subzones, subzone expansions, general-purpose zones, general-purpose zone expansions, boundary modifications and scope determinations.

REGISTER

Proposed Revocation Ruling Letter Relating to the Tariff Classification of An Unfinished Quilted Pillow Shell

In Binding Ruling Letter NY N236267, issued to Future Textiles Inc. of Jamesburg, New Jersey, Customs classified an unfinished quilted pillow shell in heading 9404, Harmonized Tariff Schedule of the United StatesS, specifically in subheading 9404.90.10, HTSUS, which provides for "[m]attress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: Other: Pillows, cushions and similar furnishings: Of cotton." The rate of duty was 5.3%.

Customs has reviewed NY N236267 and has determined the ruling letter to be in error. It is now Customs's position that the unfinished quilted pillow shell is properly classified, by operation of General Rule of Interpretation 1, in heading 6307, HTSUS, specifically in subheading 6307.90.89, HTSUS, which provides for "[o]ther made up articles, including dress patterns: Other: Other: Surgical towels; cotton towels of pile or tufted construction; pillow shells, of cotton; shells for quilts, eiderdowns, comforters and similar articles of cotton." The Rate of duty will be 7%.

The Harmonized Commodity Description and Coding System Explanatory Notes ("ENs") constitute the official interpretation of the Harmonized System at the international level. While not legally binding, the ENs provide a commentary on the scope of each heading of the HTS and are thus useful in ascertaining the proper classification of the merchandise.

EN 94.04 states, in pertinent part, the following:

This heading covers:

. . .

(B) Articles of bedding and similar furnishing which are sprung or stuffed or internally fitted with any material (cotton, wool, horsehair, down, synthetic fibers, etc.), or are of cellular rubber or plastics (whether or not covered with woven fabric, plastics, etc.). For example:

(1) Mattresses, including mattresses with a metal frame.

(2) Quilts and bedspreads (including counterpanes, and also quilts for baby-carriages), eiderdowns and duvets (whether of down or any other filling), mattress-protectors (a kind of thin mattress placed between the mattress itself and the mattress support), bolsters, pillows, cushions, pouffes, etc.

(3) Sleeping bags.

. . . This heading also excludes :

(e) Pillow-cases, eiderdown or duvet covers (heading 63.02).

(f) Cushion covers (heading 63.04).

The quilted pillow shell in NY N236267 was not fitted with springs or internally stuffed or fitted with any material, and therefore cannot be considered an article of bedding or similar furnishing classifiable in heading 9404, HTSUS. Therefore, the quilted pillow shell is properly classified in heading 6307, HTSUS, specifically under 6307.90.8945, HTSUS, which provides for “[o]ther made up articles, including dress patterns: Other: Other: Pillow shells, of cotton (369)"

Comments must be received on or before August 18, 2017.

Corbeau USA Recalls Camlock Seat Harness Belts Due to Fall and Projectile Hazards

Recall Details

Description: This recall involves 5-Point Camlock harness belts intended for use on off-highway vehicles. The belts have part numbers 53001B, 53007B and 53009B. These 5-point camlock harness belts have five mounting points; two lap points, two points behind the seat and an additional strap between the legs. Only harness belts with a date code between May 2016 and May 2017 are included in the recall.

Remedy: Consumers should immediately stop using the recalled product and contact Corbeau USA to receive a replacement or refund.

Incidents/Injuries: None reported

Sold At: CJ Pony Parts Inc., Latemodel Restoration, Transamerican Auto Parts and other aftermarket auto parts stores nationwide and online at www.corbeau.com from April 2016 through April 2017 for about $150.

Importer(s): Corbeau USA, LLC., of Bluffdale, Utah

Distributor(s): Corbeau USA, LLC., of Bluffdale, Utah

Manufactured In: China

Units: About 2,000

Andrew Lock and Other CPSC Staff Participating in the National Fire Protection Association (NFPA) 277 Upholstered Furniture Primary Task Group Teleconference

On July 25, 2017, Andrew Lock and Other Consumer Product Safety Commission staff are participating in the National Fire Protection Association (NFPA) 277 Upholstered Furniture Primary Task Group Teleconference to participate in a voluntary standards development for upholstered furniture. The call-in information is 1-855-747-8824; Passcode: 533726.

Tuesday, July 18, 2017

Canada-Ukraine FTA Effective August 1s

The Canada-Ukraine Free Trade Agreement (signed July 11, 2016) goes into effect August 1, 2017. For apparel the rule of origin is single transformation.

Statement by the Canadian Foreign Affairs Minister on the North American Free Trade Agreement

The Honorable Chrystia Freeland, Canada's Minister of Foreign Affairs, Yesterday made the following statement on the North American Free Trade Agreement (NAFTA).

“NAFTA supports millions of middle class jobs in Canada, the United States and Mexico. We welcome the opportunity to modernize NAFTA to reflect new realities — and to integrate progressive, free, and fair approaches to trade and investment.

“Today’s report from the United States is part of its internal process and is required under U.S. Trade Promotion Authority legislation.

“We continue to consult with Canadians on the modernization of NAFTA, and invite all Canadians to share their ideas, perspectives, and priorities — including through our online consultation.

“When negotiations begin, we will be ready to work with our partners to modernize NAFTA, while defending Canada's national interest and standing up for our values.

“Canada is the top customer of the United States. Canada buys more goods from the U.S. than China, Japan, and the United Kingdom combined.”

USTR Releases NAFTA Negotiating Objectives

On July 17, 2017, United States Trade Representative Robert Lighthizer released a detailed and comprehensive summary of the negotiating objectives for the renegotiation of the North American Free Trade Agreement (NAFTA).

Through the renegotiation of NAFTA, the Trump Administration will seek a much better agreement that reduces the U.S. trade deficit and is fair for all Americans by improving market access in Canada and Mexico for U.S. manufacturing, agriculture, and services.

In addition to President Trump being the first American president to begin renegotiating a comprehensive free trade agreement like NAFTA, for the first time USTR has included deficit reduction as a specific objective for the NAFTA negotiations. Since NAFTA was implemented in 1994, the U.S. bilateral goods trade balance with Mexico has gone from a $1.3 billion surplus to a $64 billion deficit in 2016. Market access issues have arisen in Canada with respect to dairy, wine, grain and other products — barriers that the current agreement is unequipped to address.

The negotiating objectives also include adding a digital economy chapter and incorporating and strengthening labor and environment obligations that are currently in NAFTA side agreements. Additionally, among other objectives, the Administration will work to eliminate unfair subsidies, market-distorting practices by state owned enterprises, and burdensome restrictions on intellectual property.

The negotiating objectives aim to apply the highest standards covering the broadest possible range of goods and services to ensure truly free and fair trade that supports higher-paying jobs and economic growth in the United States.

At the direction of the President, on May 18, 2017, Ambassador Lighthizer sent a letter notifying Congress of the Administration’s intent to initiate NAFTA renegotiations.

Since then, USTR has been conducting extensive consultations with Congress, stakeholders, and the public at large. USTR sought public comments, received more than 12,000 responses, and heard directly from over 140 witnesses over three days of public hearings. During this process, the Administration received valuable advice that directly impacted the development of the negotiating objectives.

Further, these objectives reflect the negotiating standards established by Congress in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA), which requires that USTR release objectives at least 30 days prior to formal negotiations. Negotiations will begin no earlier than August 16, 2017.

Through these negotiations, the Administration seeks an effectively implemented and enforced Agreement for more open, equitable, secure, and reciprocal market access. The Administration remains committed to conducting the negotiations with timely and substantive results for America’s workers, farmers, ranchers, and businesses.

Assessment and Enforcement of Domestic Preferences In Accordance with Buy American Laws

Commerce Secretary Wilbur Ross and Office of Management Budget Director Mick Mulvaney have issued a memorandum to provide guidance to agencies to help the Federal Government maximize, consistent with law, the policy and the statutory mandate to buy domestically manufactured products in its contracts and grants, and minimize use of exceptions and waivers, so that the Federal Government may optimize the positive impact of these laws for the betterment of United States citizens and taxpayers.

Saturday, July 15, 2017

Army Boot Contract Awarded

Wolverine World Wide Inc., Rockford, Michigan, has been awarded a maximum $11,626,800 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for temperate boots. This was a competitive acquisition with two responses received. This is a one-year contract with no option periods. Location of performance is Michigan, with a July 12, 2018, performance completion date. Using military service is Army. Type of appropriation is fiscal 2017 through 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-17-D-1075).

Wednesday, July 12, 2017

Request for Comments on Operation of the Caribbean Basin Economic Recovery Act and the Caribbean Basin Trade Partnership Act

On July 11, 2017, the Office of the United States Trade Representative published in the Federal Register (82 FR 32044) Request for Comments on Operation of the Caribbean Basin Economic Recovery Act and the Caribbean Basin Trade Partnership Act.

The programs known collectively as the CBI are vital elements in U.S. economic relations with its neighbors in the Caribbean and Central America. Initially launched in 1983 by the CBERA and substantially expanded in 2000 with the CBTPA, the CBI was further expanded in the Trade Act of 2002. The HOPE Act, the HOPE II Act of 2008, and the HELP Act provided additional benefits for textile and apparel products from Haiti. As of 2015, CBI provides 17 countries and dependent territories with duty-free access to the U.S. market for most goods.

Haiti has been the second leading source of U.S. imports entering under CBI tariff preferences since 2009 when Costa Rica left the CBI. Apparel accounts for about 96 percent of U.S. imports from Haiti and almost all imports of apparel from Haiti enter under CBTPA or the HELP and the two HOPE Acts. In 2014, much of the continued growth in U.S. imports of apparel from Haiti is attributed to the HOPE/HELP preference programs, which for the second time surpassed apparel imports under CBI provisions. Imports of apparel from Haiti at preferential tariff rates rose 5.5 percent in 2012 and 9.2 percent in 2014 as the utilization of preferences under the HOPE Acts increased.

Haitian exports were up by 3 percent in 2014 from 2013. Apparel exports to the United States account for 90 percent of Haitian exports. Haiti is eligible for duty-free entry of textiles pursuant to CBTPA, the HOPE Act, and the HELP Act (which increased the apparel quotas and extended the CBTPA and the HOPE Act through September 30, 2020). Under the recently-passed Trade Preferences Extension Act of 2015, these trade preferences were extended to September 30, 2025. According to the Department of Commerce’s Office of Textiles and Apparel, total U.S. apparel imports from Haiti increased by 6.3 percent in 2014, reaching over $854 million.

African Growth and Opportunity Act (AGOA): Request for Public Comments on Annual Review of Country Eligibility for Benefits Under AGOA in Calendar Year 2018; Scheduling of Hearing, and Request for Public Comments

Yesterday the Office of the United States Trade Representative announced 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 (Subcommittee) is developing recommendations for the President on AGOA country eligibility for calendar year 2018. The Subcommittee is requesting written public comments for this review and will conduct a public hearing on this matter. The Subcommittee will consider the written comments, written testimony, and oral testimony in developing recommendations for the President. Comments received related to the child labor criteria may also be considered by the Secretary of Labor in the preparation of the Department of Labor's report on child labor as required under section 504 of the Trade Act of 1974.

DATES: August 4, 2017: Deadline for filing requests to appear at the August 23, 2017 public hearing, and for filing pre-hearing briefs, statements, or comments on sub-Saharan African countries' AGOA eligibility.

August 23, 2017: AGOA Implementation Subcommittee of the TPSC will convene a public hearing on AGOA country eligibility.

August 30, 2017: Deadline for filing post-hearing briefs, statements, or comments on this matter.

Certain Backpack Chairs; Institution of Investigation

A complaint was filed with the U.S. International Trade Commission on June 8, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Rio Brands, LLC of West Conshohocken, Pennsylvania. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain backpack chairs by reason of infringement of a claim of U.S. Patent No. RE 39,022 ("the '022 patent"). The complainant requests that the U.S. International Trade Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

(a) The complainant is: Rio Brands, LLC, 100 Front Street, Suite 1350, West Conshohocken, PA 19428.

(b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: GCI Outdoor, Inc., 66 Killingworth Road, Higganum, CT 06441.

Monday, July 10, 2017

Bahrain Requests Short Supply for Dozens of Fabrics. Comments Due July 21st

Since August 2006 Bahrain has been able to ship apparel and home textiles to the U.S. duty-free under the U.S.-Bahrain Free Trade Agreement. In 2016, according to TRADE DATA FROM OTEXA, Bahrain shipped about 70 million square meters of textile products to the U.S. almost all of which was exempted from the general yarn forward rule under a generous tariff preference level ("TPL") provision. That provision has now expired and Bahrain is seeking short supply status from a wide variety of fabrics.

U.S. textile producers of the fabrics listed below need to let the U.S.g government know that they oppose adding such fabrics to the Bahrain FTA short supply list. Agathon Associates can assist you in filing objections. Call David Trumbull at 617-285-6004.

On May 22, 2017, the Committee for the Implementation of Textiles Agreements published in the Federal Register (82 FR 23204) Request for Public Comment on a Commercial Availability Request Under the U.S.-Bahrain Free Trade Agreement.

The Government of the United States received a request from the Government of Bahrain, submitted on March 23, 2017, to initiate consultations under Article 3.2.3 of the USBFTA. The Government of Bahrain is requesting that the United States and Bahrain ("the Parties") consider revising the rules of origin for certain knit and woven apparel to address availability of supply of certain knit and woven fabrics in the territories of the Parties. The President of the United States may proclaim a modification to the USBFTA rules of origin for textile and apparel products after the United States reaches an agreement with the Government of Bahrain on a modification under Article 3.2.5 of the USBFTA to address issues of availability of supply of fibers, yarns, or fabrics in the territories of the Parties. CITA hereby solicits public comments on this request, in particular with regard to whether certain knit and woven fabrics can be supplied by the U.S. domestic industry in commercial quantities in a timely manner.

Comments must be submitted by July 21, 2017.

The fabrics subject to this request, according to the fabric number in the request and organized by specific apparel end-use, are:

Knit apparel classified in chapter 61 of the Harmonized Tariff Schedule of the United States (HTSUS):

Fabric 26: Knit pile, looped fabric, 90% polyester and 10% elastomeric suede, yarn count: Brushed P105xP50D+SP40D, weight 300 grams per meter squared (g/m2), width CW57'', classified in subheading 6001.22 of the HTSUS;

Fabric 27: Knit fabric of polyester (85-97%) and elastomeric (5-15%), classified in subheading 6004.10 of the HTSUS;

Fabric 28: Knit fabric of polyester (45-60%), cotton (35-50%) and elastomeric (5-12%), classified in subheading 6004.10 of the HTSUS;

Fabric 29: Knit fabric of rayon (59-75%), nylon (20-37%), and elastomeric (0-10%), classified in subheading 6006.42 of the HTSUS; and

Fabric 35: Knit fabric of polyester (68-78%), rayon (19-29%), and elastomeric (0-8%), classified in subheading 6006.32 of the HTSUS.

Woven apparel classified in chapter 62 of the HTSUS:

Fabric 15: Bleached or dyed satin weave or twill weave fabric of at least 60% lyocell and up to 40% nylon, polyester, or elastomeric, that does not meet the National Fire Protection Association (NFPA) 2112 or ASTM 1506 protective standards, classified in heading 5516 of the HTSUS;

Fabric 16: Woven seersucker fabric of cotton, classified in subheadings 5208.42, 5208.52 or 5209.41 of the HTSUS; Fabric 17: Woven fabric of rayon (60-75%), nylon (30-35%), and elastomeric (1-5%), bleached, dyed, printed or of yarns of different colors, weighing 200-350 g/m\2,\ classified in subheadings 5516.91, 5516.92, 5516.93 or 5516.94 of the HTSUS;

Fabric 18: Woven fabric of rayon (50-84%), polyester (6-49%), and elastomeric (1-10%), weighing less than 225 g/m2, classified in headings 5408 or 5516 of the HTSUS;

Fabric 19: Woven fabric of polyester (50-65%), rayon (34-49%), and elastomeric (1-10%), weighing less than 225 g/m2, classified in headings 5407, 5512, or 5515 of the HTSUS;

Fabric 20: Woven fabric of polyester (51-65%) and rayon (35-49%), weighing less than 225 g/m2, classified in headings 5407, 5512, or 5515 of the HTSUS;

Fabric 21: 100% rayon woven fabric, classified in headings 5408 or 5516 of the HTSUS; and

Fabric 22: Woven jacquard fabric of rayon staple fiber, weighing 375 g/m2 or less, classified in subheadings 5516.13 or 5516.23 of the HTSUS.

Men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), classified in heading 6203 of the HTSUS; and women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), classified in heading 6204 of the HTSUS:

Fabric 1: Two-way stretch woven fabric of polyester (57-76%), rayon (18-37%), and elastomeric (1-11%), classified in subheading 5515.19 of the HTSUS;

Fabric 2: Dyed rayon blend herringbone twill fabric of rayon (65-75%) and polyester (25-35%), weighing more than 200 g/m \2\,, classified in subheading 5516.92 of the HTSUS;

Fabric 3: Two-way stretch woven fabric of polyester (50-85%), viscose rayon (13-47%), and elastomeric (1-10%), classified in subheading 5515.11 of the HTSUS;

Fabric 4: One-way stretch woven fabric of polyester (50-85%), viscose rayon (13-47%), and elastomeric (1-10%), classified in subheading 5515.11 of the HTSUS;

Fabric 5: Woven fabric of polyester (60-90%), rayon (10-40%), and elastomeric (0-6%), classified in subheadings 5407.52, 5407.53, 5407.61, 5407.69, 5407.72, 5407.73, 5407.92, 5407.93, 5512.19, 5512.99, 5515.12, and 5515.19 of the HTSUS;

Fabric 6: Woven indigo dyed fabric of cotton (95-100%) and elastomeric (0-5%), classified in subheadings 5208.39.6090 and 5208.39.8090 of the HTSUS;

Fabric 7: Cotton corduroy woven fabric, classified in subheading 5801.22 of the HTSUS;

Fabric 8: Polyester corduroy woven fabric, classified in subheading 5801.32 of the HTSUS;

Fabric 9: Dyed sateen woven fabric of cotton (93%-100%) and elastomeric (0-7%), classified in subheading 5209.39.0020 of the HTSUS;

Fabric 10: Dobby weave fabric of cotton (93-99%) and elastomeric (1-7%), classified in subheading 5209.39.0080 of the HTSUS;

Fabric 11: Dobby weave fabric of 100% cotton, classified in subheading 5209.39 of the HTSUS;

Fabric 12: Woven fabric of spun modal rayon (50-95%), filament polyester (5-48%), and elastomeric (0-5%), classified in subheadings 5516.12, 5516.13, 5516.22 and5 516.23 of the HTSUS;

Fabric 13: Yarn-dyed woven fabric of lyocell staple fiber (55-85%) and cotton (15-45%), classified in subheadings 5516.13 and 5516.43 of the HTSUS;

Fabric 14: Woven fabric of rayon (67-80%), nylon (15-35%), and elastomeric (2-6%), classified in subheadings 5516.22, 5516.23 and 5516.24 of the HTSUS;

Fabric 23: Two-way stretch woven twill fabric of cotton (85-98%) and elastomeric (2-15%), classified in subheading 5209.32 of the HTSUS;

Fabric 24: Two-way stretch woven twill fabric of cotton (63-73%), polyester (20-30%), and elastomeric (2-12%), classified in subheading 5211.43 of the HTSUS;

Fabric 25: Woven twill fabric of cotton (77-87%), polyester (12-22%), and elastomeric (0-6%), classified in subheading 5211.43 of the HTSUS;

Fabric 30: Woven twill fabric of viscose rayon (51-61%), cotton (34-44%), and elastomeric (0-10%), classified in subheading 5516.42.0060 of the HTSUS;

Fabric 31: Two-way stretch woven twill fabric of cotton (47-57%), rayon (36-46%), and elastomeric (2-12%), classified in subheading 5211.32 of the HTSUS;

Fabric 32: Woven fabric of cotton (92-100%) and elastomeric (0-8%), classified in subheading 5209.31 of the HTSUS;

Fabric 33: Woven sateen fabric of 100% polyester, classified in subheading 5407.69 of the HTSUS; and

Fabric 34: Woven twill fabric of polyester (40-50%), viscose rayon (38-48%), linen (3-13%), and elastomeric (0-9%), classified in subheading 5515.11 of the HTSUS.

CITA is soliciting public comments regarding this request, particularly with respect to whether the fabrics described above can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments must be received no later than July 21, 2017.

Friday, July 7, 2017

Congress Questions Navy’s Plan to Phase Out Iconic Peacoat

Congress is questioning the Navy’s decision to phase out the peacoat – its best-known piece of outerwear – as part of its 2018 budget deliberations, according to this article in the U.S. Naval Institute News. The article include a poll on the subject you can respond to.

Dept. of Defense Boot Contract Awarded

Wolverine World Wide, Rockford, Michigan, has been awarded a maximum $33,922,260 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for intermediate cold wet boots. This was a competitive acquisition with two offers received. This is a one-year base contract with four one-year option periods. Maximum dollar amount is for the life of the contract. Location of performance is Michigan, with a July 7, 2022, performance completion date. Using customers are Army, Air Force, Marine Corps, Navy and Coast Guard. Type of appropriation is fiscal 2017 through 2022 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-17-D-1068).