Wednesday, August 30, 2017

Happy Labor Day

Monday, September 4th, is Labor Day in the United States. National, state, and local government offices will be closed, as will most non-retail business. In much of America Labor Day marks end of summer.

As I sit in a comfortable chair in my air-conditioned office today the outdoor temperature is expected approach 80 degrees. And I think of the men I saw, as I took an air-conditioned Uber to the swimming pool during those 90-degree plus days in July, hand-tamping hot asphalt paving under the scorching sun. As my fingers move across the keyboard the overhead light reflects off my freshly manicured nails and the cuff links in my soft, clean, white shirt. As I think of my relative comfort I remember that I enjoy ease because other men and women are out in the heat and sun doing dirty backbreaking work. And that is why we set aside the first Monday in September as Labor Day.

Of course, Labor Day honors all workers, not only those who do manual labor. But it is good to remind ourselves from time to time of the necessity of manual labor. Ordinary Americans today enjoy necessities of life, security, and even luxuries the envy of princes in an earlier age. The bright, hardworking, and daring men and women of Wall Street and other financial markets created new and innovative ways to maximize wealth, and gave us the most prosperous society the world has known, and one in which wealth, has been distributed more widely than ever before. In sum, our financial markets -- at least when left alone -- do a bully job of managing wealth. But they do not create wealth. Ultimately you have to make it (manufacturing), mine it (digging or drilling), or grow it (agriculture). Someone has to build houses for the economic indicators to register an increase in housing starts. Some has to drill if we are to have the oil to fuel our economy. Someone has to hoe and weed to keep Whole Foods (whole-paycheck we call it my house) stocked with the organic fruit and vegetables we love to consume.

Fabri-Tech Recalls Infant Rompers Due to Choking Hazard; Sold Exclusively at Cracker Barrel Old Country Stores

Recall Details

Description: This recall involves Fabri-Tech’s infant shortall rompers. The red and white-checkered rompers have a toolbox design on the front and two buttons at the top of the straps that button over the shoulders. They were sold in boy’s sizes 6-9m, 12m and 18m. The size, “decorated originals for kids” logo and “PO# 906512 PD 12/8/16” are printed on the neck label.

Remedy: Consumers should immediately stop using the recalled rompers and return them to any Cracker Barrel Old Country Store® for a full refund or contact Fabri-Tech to receive a prepaid shipping label for returning the recalled romper for a full refund.

Incidents/Injuries: Fabri-Tech has received one report of an infant putting a detached button in his mouth. No injuries have been reported.

Sold Exclusively At: Cracker Barrel Old Country Store stores nationwide from April 2017 through July 2017 for about $20.

Importer(s): Fabri-Tech Inc., of Jenison, Mich.

Distributor(s): Fabri-Tech Inc., of Jenison, Mich.

Manufactured In: China

Units: About 6,500

Monday, August 28, 2017

GAO Says CBP Should Strengthen Its Ability to Assess and Respond to Compliance Risks across the FTZ Program

In a report on the Foreign-Trade Zone program released August 28, 2017, the Government Accountability Office found:

"While FTZs were created to provide public benefits, little is known about FTZs' economic impact. For example, few economic studies have focused on FTZs, and those that have do not quantify FTZs' economic impacts. In addition, these studies do not address the question of what the economic activity, such as employment, would have been in the absence of companies having FTZ status.

"Customs has not assessed compliance risks across the FTZ program, and its methods for collecting compliance and enforcement data impair its ability to assess and respond to program-wide risks. While CBP regularly conducts compliance reviews of individual FTZ operators to ensure compliance with U.S. customs laws and regulations, it does not centrally compile FTZ compliance and enforcement information to analyze and respond to compliance and internal control risks across the program. Federal internal control standards state that management should obtain relevant data and assess and respond to identified risks associated with achieving agency goals. Without a program-wide assessment of the frequency and significance of problems identified during compliance reviews, risk levels determined, and enforcement actions taken, CBP cannot verify its assertion that the FTZ program is at low risk of noncompliance. Incorrect determinations about program risk level may impact program effectiveness and revenue collection for the FTZ program, which accounted for approximately 11 percent of U.S. imports in 2015."

Read the report In a HERE

Friday, August 25, 2017

Military Folding Cot Contract Awarded

North American Manufacturing Co., Scranton, Pennsylvania, has been awarded a maximum $47,653,125 modification (P00006) to a five-year contract (SPE8ED-13-D-0001) with three one-year option periods for military folding cots. This is a fixed-price with economic-price-adjustment contract. Location of performance is Pennsylvania, with a Sept. 26, 2018, performance completion date. Using customers are Army, Navy, Air Force, Marine Corps and federal civilian agencies. Type of appropriation is fiscal 2017 through 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Thursday, August 24, 2017

Two Recalls of Footwear Announced

1. Arc’teryx Recalls Ski Mountaineering Boots Due to Fall Hazard:

https://www.cpsc.gov/Recalls/2017/Arcteryx-Recalls-Ski-Mountaineering-Boots

Recall Details

Units: About 3,900 (in addition, about 500 were sold in Canada)

Description: This recall involves Arc’teryx Procline ski mountaineering boots sold in the following models: Procline carbon support boot, Procline carbon lite boot. The boots were sold in one color, cayenne (orange)/black and in men’s sizes 7½ to 14 and women’s sizes 6 to 10½ (MONDO sizes 23-30.5). “Arc’teryx” is located on the front of the boot.

Men’s Procline support boot, and Men’s Procline lite boot. The boots were sold in one color, grey/black and in sizes 7½ to 14 (MONDO sizes 25-30.5). “Arc’teryx” is located on the front of the boot.

Women’s Procline lite boot, and Women’s Procline support boot. The boots were sold in one color, euphoria (yellow)/black and in sizes 6 to 10½ (MONDO sizes 23 – 27.5). “Arc’teryx” is located on the front of the boot.

Only the foregoing models of boots that do not have a colored dot on the inside of the spoiler (the upper portion of the rear of the boot) are included in the recall.

Incidents/Injuries: The firm has received 18 reports of the axis pin dislodging. No injuries have been reported.

Sold at: Ski and outdoor specialty stores such as Moosejaw and REI nationwide and online at Arcteryx.com and retailer websites such as Moosejaw.com and REI.com from April 2016 through March 2017 for between $750 and $1,000.

Importer(s):Arc’teryx Equipment, a division of Amer Sports Canada Inc., of Vancouver BC, Canada

Distributor(s):Arc’teryx Equipment, a division of Amer Sports Canada Inc., of Vancouver BC, Canada

Manufactured In:Romania

*************************************************************************************

2. Dr. Martens Vegan Boots Recalled by Airwair Due to Chemical Exposure Hazard:

https://www.cpsc.gov/Recalls/2017/Dr-Martens-Vegan-Boots-Recalled-by-Airwair

Recall Details

Units: About 30,000 (in addition, about 900 in Canada)

Description: This recall involves Dr. Martens unisex Vegan 1460 eight eye boots sold in cherry red with black shoelaces in all sizes. The boots have a chunky sole and a golden heel pull tab with “AirWair” printed on it. “Made in Vietnam” and product code 14585 are printed on the tongue label with the batch code starting with “GV” and ending in Q, R or S.

Incidents/Injuries: None reported

Sold at: Dr. Martens, Journeys and independent stores nationwide and online at Amazon.com, DrMartens.com, Shoebuy.com and other websites from January 2015 through July 2017 for about $125.

Importer(s): Airwair, of Portland, Ore.

Manufactured In: Vietnam.

Consumer Product Safety Commission Semiannual Regulatory Agenda

Today the Consumer Product Safety Commission published its semiannual agenda of regulatory actions that the Commission expects to be under development or review by the agency during the next year, including it long term action (initiated in 1994) Flammability Standard for Upholstered Furniture. Comments should be received in the Office of the Secretary on or before September 25, 2017.

See the Federal Register Notice HERE.

Initiation of Section 301 Investigation; Hearing; and Request for Public Comments: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

The United States Trade Representative has initiated an investigation pursuant to the Trade Act of 1974, as amended (the Trade Act), to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are actionable under the Trade Act. The inter-agency Section 301 Committee is holding a public hearing and seeking comments in connection with this investigation.

To be assured of consideration, written comments and requests to appear at the hearing must be submitted by Thursday, September 28, 2017 at 11:59 p.m. The request to appear must include a summary of testimony.

Tuesday, October 10, 2017: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission.

To be assured of consideration, post-hearing rebuttal comments must be submitted by Friday, October 20, 2017 at 11:59 p.m.

A. The President's Memorandum

On August 14, 2017, the President issued a Memorandum (82 FR 39007) to the United States Trade Representative stating inter alia:

China has implemented laws, policies, and practices and has taken actions related to intellectual property, innovation, and technology that may encourage or require the transfer of American technology and intellectual property to enterprises in China or that may otherwise negatively affect American economic interests. These laws, policies, practices, and actions may inhibit United States exports, deprive United States citizens of fair remuneration for their innovations, divert American jobs to workers in China, contribute to our trade deficit with China, and otherwise undermine American manufacturing, services, and innovation.

B. The Chinese Government's Acts, Policies and Practices

The acts, policies and practices of the Government of China directed at the transfer of U.S. and other foreign technologies and intellectual property are an important element of China's strategy to become a leader in a number of industries, including advanced-technology industries, as reflected in China's ``Made in China 2025'' industrial plan, and other similar industrial policy initiatives. The Chinese government's acts, policies, and practices take many forms. The investigation initially will consider the following specific types of conduct:

First, the Chinese government reportedly uses a variety of tools, including opaque and discretionary administrative approval processes, joint venture requirements, foreign equity limitations, procurements, and other mechanisms to regulate or intervene in U.S. companies' operations in China, in order to require or pressure the transfer of technologies and intellectual property to Chinese companies. Moreover, many U.S. companies report facing vague and unwritten rules, as well as local rules that diverge from national ones, which are applied in a selective and non-transparent manner by Chinese government officials to pressure technology transfer.

Second, the Chinese government's acts, policies and practices reportedly deprive U.S. companies of the ability to set market-based terms in licensing and other technology-related negotiations with Chinese companies and undermine U.S. companies' control over their technology in China. For example, the Regulations on Technology Import and Export Administration mandate particular terms for indemnities and ownership of technology improvements for imported technology, and other measures also impose non-market terms in licensing and technology contracts.

Third, the Chinese government reportedly directs and/or unfairly facilitates the systematic investment in, and/or acquisition of, U.S. companies and assets by Chinese companies to obtain cutting-edge technologies and intellectual property and generate large-scale technology transfer in industries deemed important by Chinese government industrial plans.

Fourth, the investigation will consider whether the Chinese government is conducting or supporting unauthorized intrusions into U.S. commercial computer networks or cyber-enabled theft of intellectual property, trade secrets, or confidential business information, and whether this conduct harms U.S. companies or provides competitive advantages to Chinese companies or commercial sectors.

In addition to these four types of conduct, interested parties may submit for consideration information on other acts, policies and practices of China relating to technology transfer, intellectual property, and innovation described in the President's Memorandum that might be included in this investigation, and/or might be addressed through other applicable mechanisms.

II. Request for Comments and To Testify at the Hearing

A. Topics and Schedule

The Office of the U.S. Trade Representative (USTR) invites written comments on:

1. The acts, policies, and practices of the Chinese government described above.

2. Information on other acts, policies and practices of China relating to technology transfer, intellectual property, and innovation as described in the President's Memorandum, which might be included in this investigation, and/or might be addressed through other applicable mechanisms.

3. The nature and level of burden or restriction on U.S. commerce caused by the applicable acts, policies and practices of the Government of China, and/or any economic assessment of that burden or restriction.

4. The determinations required under section 304 of the Trade Act, that is, whether actionable conduct exists under section 301(b) and what action, if any, should be taken.

Proposed Federal Government Information Collection; Comment Request; Annual Report From Foreign-Trade Zones

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before October 23, 2017.

The Foreign-Trade Zone Annual Report is the vehicle by which Foreign-Trade Zone grantees report annually to the Foreign-Trade Zones Board, pursuant to the requirements of the Foreign-Trade Zones Act (19 U.S.C. 81a-81u). The annual reports submitted by grantees are the only complete source of compiled information on FTZs. The data and information contained in the reports relates to international trade activity in FTZs. The reports are used by the Congress and the Department to determine the economic effect of the FTZ program. The reports are also used by the FTZ Board and other trade policy officials to determine whether zone activity is consistent with U.S. international trade policy, and whether it is in the public interest. The public uses the information regarding activities carried out in FTZs to evaluate their effect on industry sectors. The information contained in annual reports also helps zone grantees in their marketing efforts. This is a request for a renewal of a currently approved information collection.

See the Federal Register Notice HERE.

Wednesday, August 23, 2017

Coleman Proposed Compromise in FTZ Filing

As reported yesterday, the Foreign-Trade Zone Board has reopened, through September 21, the comment period for the Coleman application for FTZ procedures for certain polyester and nylon fabric. The Coleman proceedings, now in their fourth year, have been quite contentious. In their most recent, July 31, filing, Coleman offered to accept restrictions on there imports using FTZ procedures, stating:

"Coleman is prepared to accept two restrictions on manufacturing authority in Sauk Rapids. First, leaving aside a permanent grant of authority, Coleman’s preference would be for a 10-year duration. However, for the sake of compromise and to facilitate a positive decision, Coleman can accept a shorter duration, given that continuation of the status quo disadvantages our operations in Sauk Rapids. Therefore, Coleman proposes a 7-year time limit (subject to review and renewal). This would give Coleman an adequate duration to enable an acceptable return on the additional investment Coleman makes in Sauk Rapids. After the agreed upon duration, the FTZ board will be able to review the situation and determine if a further continuation of the manufacturing authority for the nylon and polyester fabrics provides a net economic benefit to the United States.

"Second, Coleman is willing to accept annual quantity limitations. [I]n hopes of achieving a constructive, mutually beneficial approach, Coleman would accept quantitative limitations on polyester (HTS subheading 5407.52.00) fabric that is entered for use in PFDs produced in the FTZ that would then enter the United States at an effective 4.5% duty, as normally applicable to finished PFDs. Coleman suggests 1.5 million linear yards with an annual increase of 5%. Coleman recognizes that the nylon fabric (HTS subheading 5407.42.20) has been of greater sensitivity and, therefore, suggests 800,000 linear yards with no growth rate. The nylon used by Coleman for PFDs made in the FTZ also would enter the United States at the 4.5% duty rate applied to finished PFDs, which is the same effective duty rate paid for the fabric when it enters incorporated in PFDs made by Coleman’s Asian sources and competitors."

FTZ Board Re-Opens Comment Period for Coleman FTZ Filing

The Foreign-Trade Zones Board is inviting public comment on a submission containing new evidence pertainingto the application of The Coleman Company, Inc. requesting unrestricted production authority within Subzone 119I at the Coleman facility located in Sauk Rapids, Minnesota. Specifically, the application requests unrestricted authority to produce personal flotation devices and flotation cushions using the following inputs in foreign status: Certain nylon and polyester woven fabrics; webbing of man-made fibers; neoprene fabrics; knit polyester fleece fabrics; and, water soluble sensing elements.

On July 31, 2017, Coleman made a submission to the FTZ Board that included new evidence in response to the examiner's preliminary recommendation not to approve the unrestricted authority. Public comment is invited on Coleman's submission through September 22, 2017. Rebuttal comments may be submitted through the subsequent 15-day period, until October 10, 2017.

Tuesday, August 22, 2017

Make plans: Attend the 32nd AFA Annual Meeting

The American Flock Association 32nd Annual Meeting will be at the Hilton Garden Inn, Novi, Michigan, October 22nd and 23rd, 2017. Following the meeting the AFA will be exhibiting at the AUTO INTERIOR EXPO, October 24th - 26th (Booth A148).

This year's meeting will be focused on flocking for the automotive industry. Here is a chance to interact with industry leaders, to discuss new concepts for Flock, and to learn about the future of Flock in cars.

The registration form and further details will soon be on the AFA web site soon, www.flocking.org.

Sunday, August 20, 2017

Request for Comment on the Costs and Benefits to U.S. Industry of U.S. International Government Procurement Obligations for Report to the President on "Buy American and Hire American"

Section 3(e) of the Presidential Executive Order on Buy American and Hire American directs the Secretary of Commerce and the United States Trade Representative to assess the impacts of all United States free trade agreements and the World Trade Organization Agreement on Government Procurement (GPA) on the operation of Buy American Laws, including their impacts on the implementation of domestic procurement preferences. The Executive Order can be found here: https://www.whitehouse.gov/the-press-office/2017/04/18/presidential-executive-order-buy-american-and-hire-american.

In response to this Executive Order, the Department of Commerce and the Office of the United States Trade Representative are conducting industry outreach in order to better understand how the U.S. government procurement obligations under all U.S. free trade agreements and the GPA affect U.S. manufacturers' and suppliers' access to and participation in the domestic government procurement process. In addition, because reciprocal access to trading partners' markets is an important motivation for including government procurement obligations in U.S. free trade agreements and for the United States' membership in the GPA, the Department and the USTR are also seeking information about the costs and benefits of these obligations to U.S. manufacturers and suppliers competing in U.S. trading partners' government procurement markets. The trading partners with which the United States has international government procurement obligations are:

  1. Armenia,
  2. Aruba,
  3. Australia,
  4. Bahrain,
  5. Canada,
  6. Chile,
  7. Chinese Taipei (Taiwan),
  8. Colombia,
  9. Costa Rica,
  10. Dominican Republic,
  11. El Salvador,
  12. the European Union, which includes:
    1. Austria,
    2. Belgium,
    3. Bulgaria,
    4. Croatia,
    5. Cyprus,
    6. Czech Republic,
    7. Denmark,
    8. Estonia,
    9. Finland,
    10. France,
    11. Germany,
    12. Greece,
    13. Hungary,
    14. Ireland,
    15. Italy,
    16. Latvia,
    17. Lithuania,
    18. Luxemburg,
    19. Malta,
    20. the Netherlands,
    21. Poland,
    22. Portugal,
    23. Romania,
    24. Slovak Republic,
    25. Slovenia,
    26. Spain,
    27. Sweden, and
    28. the United Kingdom
  13. Guatemala,
  14. Honduras,
  15. Hong Kong,
  16. Iceland,
  17. Israel,
  18. Japan,
  19. the Republic of Korea,
  20. Liechtenstein,
  21. Mexico,
  22. the Republic of Moldova,
  23. Montenegro,
  24. Morocco,
  25. New Zealand,
  26. Nicaragua,
  27. Norway,
  28. Oman,
  29. Panama,
  30. Peru,
  31. Singapore,
  32. Switzerland, and
  33. Ukraine.

The Secretary of Commerce and the United States Trade Representative are required to conclude the assessme and submit to the President of the United States by November 24, 2017.

DATES: September 18, 2017 at 11:59 p.m. Eastern Daylight Time (EDT) is the deadline for interested persons to submit written comments.

In responding to the questions below, commenters should consider the impact for participating in U.S. federal and/or foreign government procurement markets with respect to:

  1. Business opportunities that are made available;
  2. Economic incentives that trade agreements and Buy American Laws provide;
  3. How trade agreements impact business competitiveness, or increase or decrease competition, in government procurement opportunities;
  4. How trade agreements affect companies' (prime contractors') supply chain and sourcing decisions for goods;
  5. How Buy American or similar foreign requirements increase or decrease companies' (prime contractors') competitiveness in government procurement opportunities;
  6. Administrative compliance costs tied to Buy American and similar government procurement policies; and
  7. Additional costs relating to providing or otherwise proving the country of origin of goods provided.

The questions below are focused on gathering information on the access to U.S. federal and/or foreign government procurement markets for goods that are manufactured in the United States, regardless of the nationality or location of the supplier. Additionally, this includes goods that are furnished to the U.S. federal and/or foreign government that may be a part of a contract for services, such as products that may be provided to the government as part of a contract for IT services, where Buy American Laws might otherwise apply.

  1. What is your company's experience with respect to U.S. federal and/or foreign government procurement, either as prime contractor or a subcontractor? While any experience is welcome, please identify experiences within the past 5 years.
    1. Have you bid on U.S. federal contracts? How many?
    2. Were you awarded any U.S. federal contracts? How many?
    3. What share of annual revenue from your U.S. operations was from U.S. federal contracts?
    4. Have you bid on foreign government contracts? How many? List the countries of five largest bids.
    5. Were you awarded any foreign government contracts? How many? List the countries of five largest awards.
    6. What share of annual revenue from your U.S. operations was from foreign government contracts?
    7. List the industries in which your company was awarded U.S. federal or foreign government contracts. Indicate NAICS code(s) if possible.
  2. Please describe in a few sentences how your company's decisions to bid on or supply U.S. federal contracts (as a prime or subcontractor or company that produces goods used in procurements) are affected by U.S. free trade agreements and the WTO GPA which allow equal participation by companies from U.S. trading partners.
  3. Please describe in few sentences your company's experience as a prime or subcontractor in bidding on national government procurements in countries with which the U.S. has a trade agreement with government procurement obligations. What are your three greatest challenges? (These countries are: Armenia, Aruba, Australia, Bahrain, Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Dominican Republic, El Salvador, the European Union (which includes Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and the United Kingdom), Guatemala, Honduras, Hong Kong, Iceland, Israel, Japan, the Republic of Korea, Liechtenstein, Mexico, the Republic of Moldova, Montenegro, Morocco, New Zealand, Nicaragua, Norway, Oman, Panama, Peru, Singapore, Switzerland, and Ukraine.) How does this differ from your experience competing for bids in markets in countries with which the U.S. does not have a trade agreement with government procurement obligations?
  4. What is the average U.S. content of goods that your company supplies to the U.S. federal government?
  5. What is the average U.S. content of goods that your company supplies to foreign governments?
  6. What are the three principal barriers to having 100% domestic content in the goods that you produce for U.S. federal or foreign governments?
  7. Please describe in a few sentences how trade agreements with government procurement obligations affect strategic decisions your company makes about production and supply chains for government procurements as well as for commercial (private sector) customers.
  8. Please describe in a few sentences any experience your company has had with conflict between Buy American or similar foreign requirements and U.S. free trade agreement or WTO GPA requirements, including whether and how the conflict was resolved.
  9. Please describe in a few sentences whether the presence of Buy American or similar foreign requirements affected positively or negatively your company's ability to bid and/or win contracts for U.S. or foreign government procurement.

Wednesday, August 16, 2017

Custom Clarification Relating to Electronic FTZ Filings

On Wednesday, August 16, 2017, U.S. Customs and Border Protection (CBP) published a Federal Register Notice (FRN) providing an extension and clarification about the transition of the electronic Foreign Trade Zone (FTZ) Admission Application's test program from the Automated Commercial System ("ACS") to ACE.

This document announces U.S. Customs and Border Protection's plan to extend a test program for submitting electronic Foreign Trade Zone admission applications to CBP via the Automated Broker Interface (ABI). This notice further announces a clarification regarding the data elements that are required for the submission of an FTZ admission application, as well as the transition of the test program from the Automated Commercial System (ACS) to the Automated Commercial Environment (ACE).

2017 Special 301 Out-of-Cycle Review of Notorious Markets: Comment Request

On August 16, 2017, the Office of the United States Trade Representative published in the Federal Register (82 FR 38987) 2017 Special 301 Out-of-Cycle Review of Notorious Markets: Comment Request

SUMMARY: The Office of the United States Trade Representative (USTR) requests written comments that identify online and physical markets based outside the United States that should be included in the 2017 Notorious Markets List (List). Conducted under the auspices of the Special 301 program, the List identifies online and physical marketplaces that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting. In 2010, USTR began publishing the Notorious Markets List separately from the annual Special 301 Report as an ``Out-of-Cycle Review.''

DATES: October 2, 2017 at midnight EST: Deadline for submission of written comments. October 16, 2017 at midnight EST: Deadline for submission of rebuttal comments and other information USTR should consider during the review.

Recently Approved Carbon Fiber FTZ Demonstrates that Logistical Savings, with No Duty Savings, Can Justify Seeking FTZ Benefits

On March 30, 2017, SGL Automotive Carbon Fibers, LLC (SGLACF), submitted a notification of proposed revision to existing production authority to the Foreign-Trade Zone Board for its facility within FTZ 203--Site 3, in Moses Lake, Washington. The application related to the importation of polyacrylonitrile (PAN) fiber for use in the production of carbon fiber. Through the years there have been a few other carbon fiber FTZ applications. The U.S. producer Hexcel has always opposed and the applications have been approved, but with significant restrictions.

This time the applicant appears to have recognized the opposition from Hexcel would be a likely impediment and addressed it in the application by applying for FTZ benefits only for logistical reasons, not for duty savings. They even took the unusual step of not seeking tariff relief on the small portion of their imported PAN that becomes waste in the manufacturing process. In the application, SGLACF stated:

"[T]he purpose of this request is not for duty reduction purposes but for logistical recordkeeping purposes. Since the carbon fiber being produced in the zone that will be entered into the customs territory will have duties assessed at the rate applicable to the imported PAN (7.5%) there will be no duty reduction benefit. For example, in 2016 it took 2kg of PAN to produce 1kg of carbon fiber. If, in 2017, the ratio remains 2kg of PAN to make 1kg of carbon fiber and the cost of the PAN is $4.00 per kg, every kg of carbon fiber that will be entered into the customs territory will be valued at $8.00. Thus, every kg of PAN that will be used in the production of the carbon fiber to be entered into the customs territory will be subject to duty at 7.5%. SGLACF recognizes that there is a small amount of scrap that is generated during the process. For 2016, the scrap factor was slightly higher than 1%. SGLACF would add its scrap factor from the previous year to each entry of carbon fiber it files. For example, assuming a scrap factor for 2016 of 1%, if SGLACF files an entry in 2017 for 1,000kg of carbon fiber with a value of $8,000 (2,000kg of PAN, at $4 per kg, would be used in the production of the 1,000kg of carbon fiber), SGLACF would include on the entry an addition of 10kgs valued at $80 covering the scrap generated and it would be subject to duty at the 7.5% rate applicable to the PAN. Thus, the total amount of duty paid by SGLACF on the carbon fiber produced using privileged foreign status PAN should be virtually identical to the total amount of duty that would have been paid on the imported PAN when entered into the customs territory of the United States at the U.S. port of unlading prior to its use as imported duty-paid domestic status PAN in the production of carbon fiber."

They were successful in obtaining a letter from Hexcel stating that there was no objection to the application.

Yesterday the FTZ Board announced its approval of the application involving SGLACF's admission of all foreign-status status polyacrylonitrile (PAN) fiber in privileged foreign status (19 CFR 146.41). The proposed revision described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14. For U.S. entry of carbon fiber produced in the FTZ, SGLACF will make duty payment at the polyacrylonitrile (PAN) fiber duty rate on the full value of PAN fiber introduced into the production process, including making duty payment at the PAN fiber duty rate on an estimated value of PAN fiber contained in scrap resulting from the production process (based on the actual percentage of scrap and the PAN to carbon fiber ratio from the preceding year's production).

Dan Post Boot Company Recalls Safety Boots and Shoes Due to Injury Hazard

Recall Details

Description: This recall involves McRae Industrial brand steel toe boots, static dissipative shoes and composite boots. There are seven styles of the McRae Industrial brand shoes included in the recall. The model numbers are MR85300, MR85394, MR47321, MR47616, MR87321, MR43002, and MR83310 printed on a tag on the lining of the boot or the tongue of the shoe.

Below is a listing of the boots and shoes included in the recall:

Style

Color

Style Description

Safety Attributes

 Price

MR85300

Brown

Men’s pull-on waterproof boot with rubber foot

Steel toe, EH

$120

MR47321

Brown

Women’s hiker shoe

Composite toe, met guard

 $103

MR47616

Brown

Lad hiker shoe

Composite toe, met guard

 $107

MR87321

Brown

Men’s hiker shoe

Composite toe, met guard

 $104

MR85394

Brown

Men’s pull-on waterproof boot

Steel toe, EH

 $127

MR43002

Grey/
Purple

Women’s hiker shoe

Composite toe, met guard, static dissipative

 $92

MR83310

Black

Men’s hiker shoe

Composite toe, static dissipative

 $82

Remedy: Consumers should immediately stop wearing the recalled boots and shoes and return to firm to receive a full refund.

Incidents/Injuries: The firm has received one report of a tire falling onto a consumer’s foot while he was wearing his safety boots; resulting in a broken foot.

Sold At: Gerler and Son Inc., Grainger Inc., Safety Solutions Inc., Standup Rancher and other independent safety stores nationwide and online at Kohls.com, Steel-Toe-Shoes.com, Thewesterncompany.com, Workboots.com, from October 2013 through June 2017 for between $80 and $130.

Importer(s): Dan Post Boot Company, of Clarksville, Tenn.

Manufactured In: China

Units: About 7,200

Tuesday, August 15, 2017

Laura Ashley Girl’s Dresses Recalled by Pastourelle Due to Choking Hazard

Recall Details

Units: 2,800

Description: This recall involves Laura Ashley London Girl's Floral Clip Dot dresses. The 100% woven cotton dresses were sold in a pink multicolor floral pattern with or without a matching diaper cover. The dresses have a set of three pink petal flowers at the waist and were sold in newborn to girl’s sizes 0/3M through 6X. “Laura Ashley London” and the size are printed on a tag attached to the inside back of the dress. Style numbers 17156300, 17156307, 17156344, 27156300, 27156307, 27156344, 47156300, 47156307, 47156344 are included in this recall. The style number is printed on a tag located on the inside seam on the side of the dress.

Pictures available here: https://www.cpsc.gov/Recalls/2017/Laura-Ashley-Girls-Dresses-Recalled-by-Pastourelle

Incidents/Injuries: The firm has received one report of a flower petal detaching from the dress. No injuries have been reported.

Sold at: Dillard’s stores nationwide and online at Amazon.com, Dillards.com and Zulily.com from January 2017 through July 2017 for between $27 and $40.

Importer(s):Pastourelle LLC, licensed through Laura Ashley, of New York, N.Y.

Manufactured In:China

Saturday, August 12, 2017

Pendleton Woolen Mills Opens Flagship Store In Heart Of Downtown Portland

Pendleton Woolen Mills announces the opening of a new flagship store in the Park Avenue West building of downtown Portland, OR. Pendleton at Park Avenue West embraces a curated collection of iconic product connecting the American Heritage brand to the retail heart of the city. The new store echoes the brand’s rooted “Born in Oregon” history, emphasizing Pacific Northwest style that reflects American fashion across the country and globe.

Pendleton’s flagship store pays tribute to Portland as an epicenter of the Maker Movement. As a company operated by a family that has been making woolen fabrics in Oregon since 1863, Pendleton proudly considers itself a leader of the local maker movement. To celebrate that claim, the store will feature elements handmade by a new generation of local craftsman, including LR Design Lab, Esque Studio, AD Busch and Ramsay Signs. These makers are producing custom, one-of-a-kind fixtures, signage and lighting to bring the Oregon experience to life. In store, visitors will learn about the wool manufacturing process of the mills, collaboration with local wool growers, history and relationship with Native American tribes, Pendleton’s commitment to community involvement, philanthropic partnerships, and the preservation of the relationship to American fashion, music, industry and culture.

“The company has long sought a flagship in the heart of Portland’s retail core,” said John Bishop, Pendleton CEO and President, “and we knew we had found our new home at the Park Avenue West Tower. This store is situated in vibrant Director Park, with terrific neighbors, great street presence and high visibility for both local consumers and visitors to Portland. It is a perfect fit for Pendleton.”

Pendleton at Park Avenue West, with a footprint of approximately 2,500 square feet, is refocusing the selection of apparel offered by responding to the casual and contemporary styling of today’s shoppers. Pendleton’s vision for a new and emerging younger consumer modernizes the brand’s outdoor and western design while maintaining the quality and authenticity that Pendleton is known for. “We’re making important brand decisions to engage the millennial customer. They love Pendleton’s authenticity; it’s the genuine article. They want the real thing to intersect with their lifestyle, still classic yet more innovative designs and even new fabrics.” said Bob Christnacht, Executive Vice President of Sales and Marketing. “Designing product, especially apparel, to resonate with this age group is a significant part of our brand strategy and is reflected in the new store.”

Robin Crowell, Pendleton VP of Stores, says, “We’re excited to build on our establishment in retail, with our first flagship store in Portland. Pendleton at Park Avenue West will share Pendleton’s history, mission, and values and offer the best of Pendleton for men, women, home and accessories.”

The new Pendleton flagship store is located at 825 SW Yamhill St., Portland, OR 97205. Store hours are Monday – Friday 10:00 am – 8:00 pm, Saturday 10:00 am – 9:00 pm and Sunday 11:00 am – 7:00 pm. Phone: 503.242.0037

About Pendleton: Setting the standard for classic American style, Pendleton is a lifestyle brand recognized worldwide as a symbol of American heritage, authenticity and craftsmanship. With six generations of family ownership, since 1863, the company celebrates 154 years of weaving fabric in the Pacific Northwest in 2017. Known for fabric innovation, Pendleton owns and operates two of America’s remaining woolen mills, constantly updating them with state-of-the-art looms and eco-friendly technology. Inspired by its heritage, the company designs and produces apparel for men and women, blankets and accessories, home décor and gifts. Pendleton is available through select retailers in the U.S., Canada, Europe, Japan, Korea and Australia as well as Pendleton stores, company catalogs and direct-to-consumer channels, including the Pendleton website: http://www.pendleton-usa.com

Hope Global’s Leslie Taito Joins National Team Provide Providing Guidance to Help Small Manufacturers

Leslie Taito, Senior Vice President of Corporate Operations for Hope Global in Cumberland, Rhode Island, has been named to the National Institute of Standards and Technology Manufacturing Extension Partnership ("MEP") Advisory Board (http://www.nist.gov/mep). The NIST MEP Advisory Board is a national board that is legislatively mandated and established under the Federal Advisory Committee Act.

MEP is a public-private partnership with centers in all 50 states and Puerto Rico dedicated to serving small and medium-sized manufacturers. Last year, MEP centers interacted with 25,445 manufacturers leading to $9.3 billion in new and retained sales, $1.4 billion in cost savings, $3.5 billion in new client investments, and the creation and retention of more than 86,602 jobs.

Taito will join a team of manufacturing professionals chosen to provide advice and guidance to the national Manufacturing Extension Partnership. The MEP Advisory Board is expected to assist in identifying proactive actions that will enable small manufacturers to successfully address and implement changes in technology and the business environment in the future.

Annual GSP Product and Country Practices Review

On August 11 23, 2017, the Office of the U.S. Trade Representative published in the Federal Register (82 FR 37652) Generalized System of Preferences ("GSP"): Initiation of the 2017 Annual GSP Product and Country Practices Review; Deadlines for Filing Petitions; Notice of Change in Country Practices Hearing.

The Office of the United States Trade Representative will consider petitions to modify the list of articles that are eligible for duty-free treatment under the Generalized System of Preferences program, and to modify the GSP status of certain GSP beneficiary developing countries because of country practices.

Import Duty for Certain Football Girdles and Pants Jumps from Zero to 32%

In Customs Binding Ruling Letters issues about a decade ago (NY N007196, NY N052472 and NY M80510) Customs classified certain football girdles and pants at issue in heading 9506, Harmonized Tariff Schedule of the United States ("HTSUS"), specifically in subheading 9506.99.20, HTSUS, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof: Other: Other: Football, soccer and polo articles and equipment, except balls, and parts and accessories thereof."

Customs has reviewed these rulings and has determined the ruling letters to be in error. It is now Customs' position that the subject football girdles and pants are properly classified, by operation of General Rule of Interpretation 1, in heading 6114, HTSUS. Specifically, the football pants and girdles at issue are classified in subheading 6114.30.30, HTSUS, which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other."

The change in classification will greatly increase the import duty, from zero, for 9506.99.20, to 32% for 6114.30.30. See CUSTOMS BULLETIN AND DECISIONS, VOL. 51, NO. 32, AUGUST 9, 2017.

Department of Defense Clothing Contract Awarded

Puerto Rico Apparel Manufacturing Corp., Mayaguez, Puerto Rico, has been awarded a maximum $15,773,265 modification (P00136) exercising the fourth one-year option of a one-year base contract (SPM1C1-13-D-1065) with four one-year option periods for various types of coats. The modification brings the maximum dollar value of the contract to $37,385,906 from $21,612,641. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Locations of performance are Puerto Rico, Alabama, and North Carolina, with an Aug. 14, 2018, ordering period end date, and a March 14, 2019, estimated performance completion date. Using customers are Army and Afghanistan government. Types of appropriation are fiscal 2017 through 2018 defense working capital; and foreign military sales funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Wednesday, August 9, 2017

Foreign-Trade Zone (FTZ) 98--Birmingham, Alabama; Notification of Proposed Production Activity; Brose North America Inc. (Automotive Seats, Drives and Door Frames); Vance, Alabama

Brose North America Inc. (Brose) has submitted to the Foreign-Trade Zone Board a notification of proposed production activity to the FTZ Board for its facility in Vance, Alabama within FTZ 98.

Production under FTZ procedures could exempt Brose from customs duty payments on the foreign-status components used in export production. On its domestic sales, for the foreign-status materials/components noted below, Brose would be able to choose the duty rates during customs entry procedures that apply to: Seat frames; seat adjusters for motor vehicles powered with electric DC motors; seat pans; cooling fans for automobiles; and, doors for automobiles (duty rate ranges from duty-free to 2.5%). Brose would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

The components and materials sourced from abroad include: Plastic tubes and hoses; plastic tube protectors; decals; plastic spacers and other articles of plastic; rubber spacers; labels; steel self-tapping screws; screw and nut assemblies; steel locking lugnuts; steel torsion spring washers and lock washers; steel rivets; metal fasteners; steel cable drum wires; steel metal clips; locks; base metal mountings; steel brackets; metal mounting for seats; steel tubular rivets; steel bearing balls; plain shaft bearings with housings; gear boxes; gears and gearing; gearing housings; synchronous electric DC motors of an output under 18.65 watts; electric DC motors of an output not exceeding 37.5 watts; universal AC/DC motors of an output between 37.5 watts and 746 watts; DC motors of an output between 37.5 watts and 14.92 kilowatts; DC generators; multi-phase AC motors exceeding 74.6 watts but not exceeding 735 watts; electrical lighting or signaling equipment; electrical circuit switching and protection components; vehicle body stampings; lock rods; lock actuators; guide rails for door assemblies; measuring instruments; seat frames; seat pans; coated cross tubes; side panels; slider assemblies; and ink ribbons used for printers (duty rate ranges from duty-free to 8.5%).

Comment is invited from interested parties. The closing period for their receipt is September 18, 2017.

FTZ Notification of Proposed Production Activity; Klaussner Home Furnishings (Upholstered Furniture); Asheboro and Candor, North Carolina

On August 9, 2017, the Foreign Trade Zone Board published in the Federal Register (82 FR 37191) Foreign-Trade Zone (FTZ) 230--Piedmont Triad Area, North Carolina; Notification of Proposed Production Activity; Klaussner Home Furnishings (Upholstered Furniture); Asheboro and Candor, North Carolina.

Klaussner Home Furnishings (Klaussner) submitted a notification of proposed production activity to the FTZ Board for its facilities in Asheboro and Candor, North Carolina within Subzone 230D. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on July 24, 2017.

Klaussner currently has authority to conduct cut-and-sew activity using certain foreign micro-denier suede upholstery fabrics to produce upholstered furniture and related parts (upholstery cover sets) on a restricted basis (see Board Order 1745 (76 FR 11426, March 2, 2011) and Doc. B-1-2016 (81 FR 37570, June 10, 2016)).

The current request would add foreign status materials/components to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreign-status materials/components described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

Production under FTZ procedures could exempt Klaussner from customs duty payments on the foreign-status materials/components used in export production. On its domestic sales, for the foreign-status materials/components noted below, Klaussner would be able to choose the duty rates during customs entry procedures that apply to: upholstered seats (duty-free). Klaussner would be able to avoid duty on foreign-status components which become scrap/waste. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

The materials/components sourced from abroad include: Spring actuators; motors exceeding 74.6 watts but not exceeding 735 watts; AC/DC adapters having a power handling capacity of 1 kVA; transformers; lithium battery packs; handsets with USB; and, cables (duty rate ranges from free to 4%). The request indicates that lithium battery packs will be admitted to the zone in privileged foreign status (19 CFR 146.41), thereby precluding inverted tariff benefits on such items.

Public comment is invited from interested parties. The closing period for their receipt is September 18, 2017.

U.S. Mattress and Furniture Safety Requirements – Training for Designers and Manufacturers

On September 13, 2017, U.S. Consumer Product Safety Commission staff will train on mattress and furniture safety requirements at the China International Furniture Fair, National Exhibition & Convention Center, Shanghai- Hongqiao, China. Content will focus on designing, testing and manufacturing mattresses and furniture that meet regulations for fire and chemical safety, as well as children’s products. Sessions will run periodically during the day and topics will vary. No registration is required for this free training although attendees will need to arrange their own access to the trade fair. See http://www.ciff-sh.com/index.php?s=/Pc/Index/index/sid/9.html for information about fair tickets. This announcement will be updated with exact times and locations of training sessions at the fair.

Southeast New England Fibershed

Southeast New England Fibershed -- Providence, R.I., New Bedford, Mass, and surrounding area.

The Southeastern New England Fibershed comprises Massachusetts and Rhode Island. Their mission is to create a regional fibershed that unites fiber to finished product. From farmer to processor, from financing to cut and sew, they are connecting the dots of the supply chain to bring production back to reinvigorate a once-thriving New England textile industry. They base the geographic radius on the historical textile processing centers of New Bedford, Massachusetts, and Providence, Rhode Island, both of which have extensive remaining infrastructure, and cover both states with an approximately 100-mile radius.

Tuesday, August 8, 2017

Meijer Recalls Children’s Swimsuits Due to Choking Hazard

Recall Details

Units: About 22,200

Description: This recall involves the Wave Zone one-piece, zip-back swimsuit for newborns, infants and toddlers. The swimsuits have a zipper on the back and four snaps on the bottom and were sold in four colors: blue and gray with a shark on the front; white and navy stripes with an anchor pattern; pink and teal with a strawberry on the front; pink arms with a multi-colored fish pattern. The swimsuits were sold in sizes: 0-3m, 3-6m, 6-9m, 12m, 18m, and 24m. “Wave Zone” and “Made in China” are printed on the inner collar. The tracking number located on the sewn-in label on the inner side seam is “NOV 2016 021-14328.”

Incidents/Injuries: Meijer has received 11 reports of the snaps detaching. No injuries have been reported.

Sold Exclusively at: Meijer stores in Illinois, Indiana, Kentucky, Michigan, Ohio, and Wisconsin from January 2017 through July 2017 for about $14.

Importer(s): Meijer, of Grand Rapids, Mich.

Distributor(s): Wholesale Merchandisers LLC, of Grand Rapids, Mich.

Manufactured In: China

Tennessee Manufacturer Awarded Another Army Boot Contract

The Original Footwear Co., Morristown, Tennessee, has been awarded a maximum $7,689,600 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for temperate boots. This is a one-year contract with no option periods. This was a competitive acquisition with two offers received. Location of performance is Tennessee, with an Aug. 8, 2018, performance completion date. Using military service is Army. Type of appropriation is fiscal 2017 through fiscal 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-17-D-1082).

USITC Publishes Final MTP List

The United States International Trade Commission's Final Report on petitions for duty suspensions under the Miscellaneous Tariff Bill process have been published at https://mtbps.usitc.gov/external/. In the case of certain petitions in class VI, not recommended for approval, in the preliminary report, some have been moved to categories for approval based on supplemental information provided by petitioners.

Assuming congress acts as it is supposed to, the entire package of duty suspensions will likely be voted this fall, with a likely effective date of January 1, 2018.

Monday, August 7, 2017

Army Boot Contract Awarded

The Original Footwear Co., Morristown, Tennessee, has been awarded a maximum $8,135,490 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for temperate boots. This is a one-year contract with no option periods. This was a competitive acquisition with four offers received. Location of performance is Tennessee, with an Aug. 6, 2018, performance completion date. Using military service is Army. Type of appropriation is fiscal 2017 through fiscal 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-17-D-1077).

Products Containing Organohalogen Flame Retardants; Notice of Opportunity for Oral Presentation of Comments

The Consumer Product Safety Commission, today, announced that there will be an opportunity for interested persons to present oral comments on the petition requesting that the Commission initiate rulemaking under the Federal Hazardous Substances Act ("FHSA") to declare several categories of products containing additive organohalogen flame retardants to be "banned hazardous substances."

The meeting will begin at 10 a.m., September 14, 2017. Requests to make oral presentations and the written text of any oral presentations must be received by the Office of the Secretary not later than 5 p.m. Eastern Daylight Time (EDT) on August 31, 2017.

On July 1, 2015, the Commission received a petition requesting that the Commission initiate rulemaking under the FHSA to declare several categories of products containing additive organohalogen flame retardants to be "banned hazardous substances." The petition was filed by Earthjustice and the Consumer Federation of America, which are joined by American Academy of Pediatrics, American Medical Women's Association, Consumers Union, Green Science Policy Institute, International Association of Fire Fighters, Kids in Danger, Philip Landrigan, M.D., M.P.H., League of United Latin American Citizens, Learning Disabilities Association of America, and Worksafe. CPSC staff has prepared a briefing package in response to the petition; the briefing package, which includes the petition in its entirety, is available at https://www.cpsc.gov/s3fs-public/PetitionHP15-1RequestingRulemakingonCertainProductsContainingOrganohalogenFlameRetardants.pdf?aTsa_sSaCiSMf1Z_2CfvISjMHFEdWKZ7. Petition HP 15-1 asks the U.S. Consumer Product Safety Commission to initiate rulemaking for products in the categories of upholstered furniture, mattresses and mattress pads, children’s products, and plastic enclosures in electronics containing any nonpolymeric, additive, organohalogen flame retardants to be banned under the Federal Hazardous Substances Act due to the possibility of adverse health effects of the chemicals.

Friday, August 4, 2017

Request for Comments and Notice of Public Hearing Concerning Russia's Implementation of Its WTO Commitments

On August 4, 2017, the Office of the United States Trade Representative published in the Federal Register (82 FR 36521) Request for Comments and Notice of Public Hearing Concerning Russia's Implementation of Its WTO Commitments

USTR must receive written comments no later than 11:59 p.m. on Friday, September 22, 2017. USTR invites written comments and/or oral testimony on Russia's implementation of the commitments made in connection with its accession to the WTO, including, but not limited to, commitments in the following areas:

  • Import regulation (e.g., tariffs, tariff-rate quotas, quotas, import licenses).
  • Export regulation.
  • Subsidies.
  • Standards and technical regulations.
  • Sanitary and phytosanitary measures.
  • Trade-related investment measures.
  • Taxes and charges levied on imports and exports.
  • Other internal policies affecting trade.
  • Intellectual property rights (including intellectual property rights enforcement).
  • Services.
  • Rule of law issues (e.g., transparency, judicial review, uniform administration of laws and regulations).
  • Trade-related investment measures.
  • Other WTO commitments.

The TPSC will convene a public hearing on Thursday, September 28, 2017.

Thursday, August 3, 2017

Department of Defense Clothing Contracts Awarded

Coachys and Associates LLC, Canton, Georgia, has been awarded a maximum $24,439,800 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for Marine Corps combat utility uniform blouses. This is an 18-month base contract with one 18-month, and two one-year option periods. This was a competitive acquisition with four responses received. Locations of performance are Georgia, Alabama, and Mississippi, with a Feb. 2, 2019, performance completion date. Using military service is Marine Corps. Type of appropriation is fiscal 2017 through fiscal 2019 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-17-D-1076).

Valley Apparel LLC, Knoxville, Tennessee, has been awarded a maximum $8,697,775 modification (P00025) exercising the third one-year option period of a one-year base contract (SPE1C1-14-D-1067) with three one-year option periods for men's sage green, fire-resistant and cold-weather flyer jackets. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is Tennessee, with a Jan. 31, 2019, performance completion date. Using military services are Air Force, Navy and Marine Corps. Type of appropriation is fiscal 2017 through fiscal 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Richie House Children’s Robes Recalled by Belle Investment Due to Violation of Federal Flammability Standard

Recall Details

Description: This recall involves Richie House-branded children’s 100% polyester robes. They were sold in youth sizes 4/5 through 12/14 and in four different color/print combinations; red with dog print, blue with butterfly print, pink and white with white polka dots and solid pink. The robes have long-sleeves, a belt and two front pockets. The red robe comes with a hood. “Richie House Los Angeles” and the size are printed on a label sewn into the neck of the robe.

Remedy: Consumers should immediately take the recalled robes away from children and contact Richie House for a full refund.

Incidents/Injuries: None reported

Sold Exclusively At: Amazon.com from December 2015 through March 2017 for between $20 and $22.

Distributor(s): Belle Investment Corporation, of Irvine, Calif.

Manufactured In: China

Units: About 1,500

Commercial Customs Operations Advisory Committee Quarterly Meeting August 23, 2017,

The Commercial Customs Operations Advisory Committee ("COAC") will hold its quarterly meeting on Wednesday, August 23, 2017, in San Diego, California. The meeting will be open to the public.

The COAC will hear from the following subcommittees on the topics listed below and then will review, deliberate, provide observations, and formulate recommendations on how to proceed:

1. The Trade Modernization Subcommittee will discuss and deliver recommendations related to the subcommittee's International Engagement and Trade Facilitation Working Group which is identifying examples of best practices in the U.S. and abroad that facilitate trade. The subcommittee will also discuss the progress of the E-Commerce Working Group and will deliver recommendations related to the subcommittee's Section 321 Working Group. The Section 321 Working Group has focused on facilitative methods for the processing of low value ``de-minimis'' shipments while maintaining security and compliance.

2. The One U.S. Government Subcommittee will discuss the progress of the Fish & Wildlife Service Working Group and will present recommendations in this area. The subcommittee will also discuss the progress of the Automated Commercial Environment core functions and the Single Window Effort, including the North American Single Window progress.

3. The Global Supply Chain Subcommittee will present their involvement in the present draft of an updated supply chain security Customs-Trade Partnership Against Terrorism (C-TPAT) best practice framework, provide an update to on-going input work regarding the C-TPAT minimum security criteria, and a progress report with recommendations from the Pipeline Working Group.

4. The Trusted Trader Subcommittee will continue the discussion for an enhanced Trusted Trader program that includes engagement with CBP to include relevant partner government agencies with a potential for international interoperability. A review of the pilot program status and benefits will also be undertaken in parallel to determine the optimum benefits that would be assigned to Trusted Trader participants.

5. The Trade Enforcement & Revenue Collection (TERC) Subcommittee will discuss the progress made on TERC recommendations and updates from the Anti-Dumping and Countervailing Duty, Bond, Forced Labor, and Intellectual Property Rights Working Groups.

6. The Exports Subcommittee will discuss the Post Departure Filing (PDF) working group's progress in developing additional recommendations for an implementation plan of the PDF Proposal and will include steps to initiate a proof of concept that incorporates the PDF model in conjunction with the Ocean Export Manifest pilot. The subcommittee will also discuss the progress of the Truck Manifest Sub-Working Group recommendations presented at the March 1, 2017 public meeting, and progress on issues with the ongoing manifest pilots.

Sweet Bamboo Recalls Children’s Pajamas Due to Violation of Federal Flammability Standard

Recall Details

Description: This recall involves children’s 50 percent polyester and 50 percent viscose from bamboo, woven two-piece, short-sleeve shirt and pant pajama sets. The pajama sets were sold in four colors: dark blue gingham, light blue gingham, purple gingham and black pin dot. The pajamas tops have white buttons down the front and the bottoms have an elastic waistband. The pajamas were sold in sizes 12 to 18 months, 18 to 24 months, 2T, 3T, 4T, 5 and 6 years.

Remedy: Consumers should immediately take the recalled pajamas away from children and contact Sweet Bamboo for a full refund.

Incidents/Injuries: None reported

Sold At: Children’s boutique stores nationwide and online at www.mysweetbamboo.com from February 2016 through May 2017 for about $40.

Importer(s): Sweet Bamboo, of Carlsbad, Calif.

Distributor(s): Sweet Bamboo, of Carlsbad, Calif.

Manufactured In: China

Units: About 500

Daniel Roebuck (Matlock, Lost, The Fugitive) reminds us all to look for and buy Made in USA products. It matters.

Daniel Roebuck recently visited Bollman Hat Company, America's oldest hat maker and founding member of American Made Matters. Daniel was there to film the pilot episode of a new TV series called US Made which hopes to find its home on a network soon.

When visiting America's Oldest Hat Maker, Daniel met with many of their hardworking employee-owners. Now, with an even greater appreciation for American craftsmanship, Daniel takes just a few seconds to remind all of us to check the label and buy American. It matters.

Wednesday, August 2, 2017

Request for Comments To Compile the National Trade Estimate Report on Foreign Trade Barriers

On August 2, 2017, the Office of the United States Trade Representative published in the Federal Register (82 FR 36069) Request for Comments To Compile the National Trade Estimate Report on Foreign Trade Barriers.

SUMMARY: Section 181 of the Trade Act of 1974, as amended, requires the Office of the United States Trade Representative (USTR) annually to publish the National Trade Estimate Report on Foreign Trade Barriers (NTE). The Trade Policy Staff Committee (TPSC) is asking interested persons to submit written comments to assist the TPSC in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE.

DATES: Must receive all written comments no later than 11:59 p.m., October 25, 2017.

Topics on Which the TPSC Seeks Information

To assist USTR in preparing the NTE, commenters should submit information related to one or more of the following categories of foreign trade barriers:

1. Import policies (e.g., tariffs and other import charges, quantitative restrictions, import licensing, and customs barriers).

2. Government procurement restrictions (e.g., ``buy national policies'' and closed bidding).

3. Export subsidies (e.g., export financing on preferential terms, subsidies provided to equipment manufacturers contingent on export and agricultural export subsidies that displace U.S. exports in third country markets).

4. Lack of intellectual property protection (e.g., inadequate patent, copyright, and trademark regimes).

5. Services barriers (e.g., limits on the range of financial services offered by foreign financial institutions, regulation of international data flows, restrictions on the use of data processing, quotas on imports of foreign films, unnecessary or discriminatory technical regulations or standards for telecommunications services, and barriers to the provision of services by professionals).

6. Investment barriers (e.g., limitations on foreign equity participation and on access to foreign government-funded R&D consortia, local content, technology transfer and export performance requirements, and restrictions on repatriation of earnings, capital, fees, and royalties).

7. Government-tolerated anticompetitive conduct of state-owned or private firms that restrict the sale or purchase of U.S. goods or services in the foreign country's markets.

8. Trade restrictions affecting electronic commerce (e.g., tariff and non-tariff measures, burdensome and discriminatory regulations and standards, and discriminatory taxation).

9. Trade restrictions implemented through unwarranted sanitary and phytosanitary measures, including unwarranted measures justified for purposes of protecting food safety, and animal and plant life or health.

10. Trade restrictions implemented through unwarranted standards, conformity assessment procedures, or technical regulations (Technical Barriers to Trade) that may have as their objective protecting national security requirements, preventing deceptive practices, or protecting human health or safety, animal or plant life or health, or the environment, but that can be formulated or implemented in ways that create significant barriers to trade (including unnecessary or discriminatory technical regulations or standards for telecommunications products).

11. Other barriers (e.g., barriers that encompass more than one category, such as bribery and corruption, or that affect a single sector).