Friday, December 29, 2017

United States, Korea to Hold Amendment Negotiations on KORUS FTA

On December 28, 2017, United States Trade Representative Robert Lighthizer announced that negotiations on amendments and modifications of the United States-Korea Free Trade Agreement (KORUS FTA) will be held in Washington, D.C. on January 5, 2018. The United States delegation at the meeting will be led by Michael Beeman, Assistant U.S. Trade Representative for Japan, Korea and APEC. The Republic of Korea delegation at the meeting will be led by Ms. Myung-hee Yoo, Director General from the Ministry of Trade, Industry and Energy (MOTIE). With the recent completion of related domestic procedures in Korea, both delegations are meeting on January 5, 2018 to engage and advance negotiations to improve the KORUS FTA.

In July, 2017, at the direction of President Trump, Ambassador Lighthizer initiated talks to consider matters affecting the operation of the KORUS FTA, including amendments and modifications to resolve several problems regarding market access in Korea for U.S. exports and, most importantly, to address the significant trade imbalance. In 2017, the United States and Korea convened two specials sessions of the KORUS Joint Committee, which were held on August 22, 2017 and October 4, 2017.

Wednesday, December 27, 2017

Request for Comments and Notice of a Public Hearing Regarding the 2018 Special 301 Review

Each year, the Office of the United States Trade Representative conducts a Special 301 review to identify countries that deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. Based on this review, the United States Trade Representative (Trade Representative) determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country's identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List. USTR also requests notices of intent to appear at the public hearing.

DATES: February 8, 2018 at midnight EST: Deadline for submission of written comments, hearing statements, and notices of intent to appear at the hearing from the public.

February 22, 2018 at midnight EST: Deadline for submission of written comments, hearing statements, and notices of intent to appear at the hearing from foreign governments.

February 27, 2018: The Special 301 Subcommittee will hold a public hearing at the Office of the United States Trade Representative, 1724 F Street NW, Rooms 1 & 2, Washington, DC. If necessary, the hearing may continue on the next business day. Please consult the USTR website for confirmation of the date and location and the schedule of witnesses.

March 2, 2018 at midnight EST: Deadline for submission of post-hearing written comments from persons who testified at the public hearing.

On or about April 30, 2018: USTR will publish the 2018 Special 301 Report within 30 days of the publication of the National Trade Estimate (NTE) Report.

Trump Administration Enforces Trade Preference Program Eligibility

Washington, D.C. – U.S. Trade Representative Robert Lighthizer applauded President Trump’s decision last Friday to suspend some of Ukraine’s benefits under the Generalized System of Preferences Program (GSP), restore GSP eligibility for Argentina, and restore eligibility for The Gambia and Swaziland to the African Growth and Opportunity Act (AGOA).

"President Trump has sent a clear message that the United States will vigorously enforce eligibility criteria for preferential access to the U.S. market,” said Ambassador Lighthizer. “Beneficiary countries choose to either work with USTR to meet trade preference eligibility criteria or face enforcement actions. The Administration is committed to ensuring that other countries keep their end of the bargain in our trade relationships.”

Ukraine’s partial suspension from GSP stems from its failure to provide adequate and effective protection of intellectual property rights (IPR) despite years of encouragement and assistance from the U.S. Government. The President has decided to provide 120 days’ notice in this case because the Government of Ukraine has a viable path to remedy the situation, including improving the current legal regime governing royalty reimbursement to right holders’ organizations.

Argentina is being reinstated to the GSP program effective January 1, 2018 following resolution of certain arbitral disputes with U.S. companies, new commitments by the Argentine government to improve market access for U.S. agricultural products, and improved protection and enforcement of IPR. Due to certain remaining IPR issues, the restoration of GSP benefits for Argentina will not apply to all eligible products.

The Gambia lost its AGOA eligibility in 2015 due to human rights abuses and the deterioration of the rule of law. Following democratic elections in December 2016, The Gambia has made progress in strengthening the rule of law, improving human rights, and supporting political pluralism.

Swaziland lost AGOA eligibility in 2015 due to concerns over restrictions on the freedoms of peaceful assembly, association, and expression. The United States set a series of benchmarks related to lifting restrictions on freedoms of assembly, association, and expression Swaziland would need to meet to regain AGOA eligibility. Swaziland met the last of these benchmarks in November 2017.

USTR is conducting a separate AGOA out-of-cycle review for Rwanda, Tanzania, and Uganda in response to a petition asserting that their phased ban on imports of used clothing is negatively impacting U.S. jobs. This review is ongoing.

Background

Under U.S. trade preferences programs, including GSP and AGOA, certain products can enter the United States duty-free if beneficiary countries meet the eligibility criteria established by Congress. GSP criteria include, among others, respecting arbitral awards in favor of U.S. citizens or corporations, combating child labor, respecting internationally recognized worker rights, providing adequate and effective intellectual property protection, and providing the United States with equitable and reasonable market access. AGOA eligibility criteria include making progress toward establishing political pluralism, the rule of law, and a market-based economy; elimination of barriers to U.S. trade and investment; protection of internationally recognized worker rights; a system to combat corruption and bribery; and economic policies to reduce poverty.

Tuesday, December 26, 2017

Wohali Outdoors Recalls Children’s Sleepwear Due to Violation of Federal Flammability Standard; Sold Exclusively at Bass Pro Shops

This recall involves children’s 100 percent polyester, three-piece pajama sets that include a printed long-sleeve shirt, pants and a coordinating solid color robe that has matching printed lapels and cuffs. The sets have a printed label with “BASS PRO SHOPS” on the back of the neck of the long-sleeve shirt and robe and at the back of the pants. Each of the garments also has a sewn-in side label that has “RN number 74747” printed on it, and underneath that label another sewn-in label that has PO# 3515 or 3516, a style number, and the phone number 1-800-BASS PRO. Only sleepwear in the style numbers below and with a label identifying PO# 3515 or 3516 are included in the recall.

Style Number

Style Description

6904536

Deer Camo - pink print top and bottom; solid pink robe with pink print lapel and cuffs

6904537

Pretty Pony - pink print top and bottom; solid purple robe with pink print lapel and cuffs

6904538

Woodland Critters - white print top and bottom; solid pink (coral) robe with white print lapel and cuffs

6904539

Holiday Critters - cream print top and bottom; solid red robe with cream print lapel and cuffs

6904540

Deer Camo - tan print top and bottom; solid brown robe with tan print lapel and cuffs

6904541

Holiday Moose - gray print top and bottom; solid dark gray robe with gray print lapel and cuffs

6904542

Wolf - green print top and bottom; solid green robe with green print lapel and cuffs

6904543

Bear - gray print top and bottom; solid gray robe with gray print lapel and cuffs

Remedy: Consumers should immediately take the recalled pajama sets away from children and contact Wohali for instructions on receiving a pre-paid shipping label to return the pajama sets to Wohali in exchange for a full refund in the form of a Bass Pro gift card.

Incidents/Injuries: None reported

Sold Exclusively At: Bass Pro Shops stores, catalog, and online at basspro.com from October 2016 through August 2017 for about $25.

Importer(s): Wohali Outdoors LLC, of Broken Arrow, Okla.

Manufactured In: China.

MORE INFO AND PHOTOS.

Wednesday, December 20, 2017

Superior Importers Recalls Mattresses Due to Violation of Federal Mattress Flammability Standard; Sold Exclusively at Amazon.com

Recall Details

Description: This recall involves Basic 6-inch and Basic 8-inch models Home Life mattresses sold in twin, full, queen and king sizes. Recalled matresses are ivory with tan and gray. “Made For: Superior Importers company, 502 Jersey Avenue, New Brunswick, NJ 08901”is printed on a white tag located on the top side near the foot of the mattress.

Remedy: Consumers should immediately stop using the recalled mattresses and contact Superior Importers or the place of purchase for instructions on receiving a free mattress cover to bring the mattress into compliance with the federal standard.

Incidents/Injuries: None reported

Sold Exclusively At: Amazon.com from May 2016 through May 2017 for between $50 and $150.

Manufacturer(s): ABEST Technology Co., Ltd., of China

Importer(s): Superior Importers, LLC, of New Brunswick, N.J.

Manufactured In: China

USTR Lighthizer Announces Results of Special 301 Out-of-Cycle Review of Thailand

U.S. Trade Representative Robert Lighthizer recently announced the conclusion and results of the Special 301 Out-of-Cycle Review (OCR) of Thailand, including moving Thailand from the Priority Watch List to the Watch List.

“A key objective of the Trump Administration’s trade policy is ensuring that U.S. owners of intellectual property (IP) have a full and fair opportunity to use and profit from their IP around the globe,” said Ambassador Lighthizer. “The key to promoting innovation is protecting intellectual property. We welcome the corrective actions that Thailand has taken and look forward to continuing to work with Thailand to resolve our remaining IP concerns.”

The Trump Administration has been closely engaging with Thailand on improving IP protection and enforcement as part of the bilateral U.S.-Thailand Trade and Investment Framework Agreement. This engagement has yielded results on resolving U.S. IP concerns across a range of issues, including on enforcement, patents and pharmaceuticals, trademarks, and copyright.

For example, Thailand established an interagency National Committee on Intellectual Property Policy and a subcommittee on enforcement against intellectual property infringement, led by the Prime Minister and a Deputy Prime Minister, respectively. This strong level of interest from the highest levels of the government led to improved coordination among government entities, as well as enhanced and sustained enforcement efforts to combat counterfeit and pirated goods throughout the country.

Thailand also has been taking steps to address backlogs for patent and trademark applications, including significantly increasing the number of examiners and streamlining regulations. In addition, Thailand joined the Madrid Protocol, making it easier for U.S. companies to apply for trademarks, and took steps to address concerns regarding online piracy affecting the U.S. content industry.

Other results include a commitment from Thailand to improve transparency related to pharmaceutical issues, such as taking stakeholder input into account as it considers amendments to its Drug Act and providing interested stakeholders with regular consultation opportunities with the Thai Food and Drug Administration.

In light of Thailand’s progress, USTR is closing the OCR that was initiated on September 15, 2017, and is moving Thailand from the Special 301 Priority Watch List to the Watch List. The United States will continue to engage bilaterally with Thailand to address other remaining IP concerns, which are highlighted in the 2017 Special 301 Report.

U.S. dollar procurement thresholds to implement certain U.S. trade agreement obligations

The United States Trade Representative is required by Executive Order 12260 to set the U.S. dollar thresholds for the WTO Agreement on Government Procurement and free trade agreements. U.S. obligations under these agreements apply to covered procurement valued at or above the specified U.S. dollar thresholds. The thresholds are adjusted every two years.

The United States Trade Representative has determined the U.S. dollar procurement thresholds to implement certain U.S. trade agreement obligations, as of January 1, 2018, for calendar years 2018 and 2019.

I. World Trade Organization (WTO) Agreement on Government Procurement

A. Central Government Entities listed in U.S. Annex 1: (1) Procurement of goods and services--$180,000; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in U.S. Annex 2: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in U.S. Annex 3: (1) Procurement of goods and services--$555,000; and (2) Procurement of construction services--$6,932,000.

II. Chapter 15 of the United States-Australia Free Trade Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 15-A, Section 1: (1) Procurement of goods and services--$80,317; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 15-A, Section 2: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in the U.S. Schedule to Annex 15-A,

Section 3: (1) Procurement of goods and services for List A Entities-- $401,584; (2) Procurement of goods and services for List B Entities-- $555,000; (3) Procurement of construction services--$6,932,000.

III. Chapter 9 of the United States-Bahrain Free Trade Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 9-A-1: (1) Procurement of goods and services--$180,000; and (2) Procurement of construction services--$10,441,216.

B. Other Entities listed in the U.S. Schedule to Annex 9-A-2: (1) Procurement of goods and services for List B entities--$555,000; and (2) Procurement of construction services--$12,851,327.

IV. Chapter 9 of the United States-Chile Free Trade Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A: (1) Procurement of goods and services--$80,317; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in the U.S. Schedule to Annex 9.1, Section C: (1) Procurement of goods and services for List A Entities-- $401,584; (2) Procurement of goods and services for List B Entities-- $555,000; (3) Procurement of construction services--$6,932,000.

V. Chapter 9 of the United States-Colombia Free Trade Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A: (1) Procurement of goods and services--$80,317; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in the U.S. Schedule to Annex 9.1, Section C: (1) Procurement of goods and services for List B Entities-- $555,000; (2) Procurement of construction services--$6,932,000.

VI. Chapter 9 of the Dominican Republic-Central American-United States Free Trade Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 9.1.2(b)(i), Section A: (1) Procurement of goods and services--$80,317; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1.2(b)(i), Section B: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in the U.S. Schedule to Annex 9.1.2(b)(i),

Section C: (1) Procurement of goods and services for List B Entities--$555,000; (2) Procurement of construction services--$6,932,000.

VII. Chapter 17 of the United States-Korea Free Trade Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 17-A, Section A: (1) Procurement of construction services--$6,932,000.

VIII. Chapter 9 of the United States-Morocco Free Trade Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 9-A-1: (1) Procurement of goods and services--$180,000; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9-A-2: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in the U.S. Schedule to Annex 9-A-3: (1) Procurement of goods and services for List B Entities-- $555,000; (2) Procurement of construction services--$6,932,000.

IX. Chapter 10 of the North American Free Trade Agreement

A. Federal Government Entities listed in the U.S. Schedule to Annex 1001.1a-1: (1) Procurement of goods and services--$80,317; and (2) Procurement of construction services--$10,441,216.

B. Government Enterprises listed in the U.S. Schedule to Annex 1001.1a-2: (1) Procurement of goods and services--$401,584; and (2) Procurement of construction services--$12,851,327.

X. Chapter 9 of the United States-Oman Free Trade Agreement

A. Central Level Government Entities listed in the U.S. Schedule to Annex 9, Section A: (1) Procurement of goods and services--$180,000; and (2) Procurement of construction services--$10,441,216.

B. Other Covered Entities listed in the U.S. Schedule to Annex 9, Section B: (1) Procurement of goods and services for List B Entities-- $555,000; (2) Procurement of construction services--$12,851,327.

XI. Chapter 9 of the United States-Panama Trade Promotion Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A: (1) Procurement of goods and services--$180,000; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in the U.S. Schedule to Annex 9.1, Section C: (1) Procurement of goods and services for List B Entities-- $555,000; (2) Procurement of construction services--$6,932,000.

D. Autoridad del Canal de Panam[aacute] (1) Procurement of goods and services--$555,000.

XII. Chapter 9 of the United States-Peru Trade Promotion Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A: (1) Procurement of goods and services--$180,000; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in the U.S. Schedule to Annex 9.1, Section C: (1) Procurement of goods and services for List B Entities--$555,000; (2) Procurement of construction services--$6,932,000.

XIII. Chapter 13 of the United States-Singapore Free Trade Agreement

A. Central Government Entities listed in the U.S. Schedule to Annex 13A, Schedule 1, Section A: (1) Procurement of goods and services--$80,317; and (2) Procurement of construction services--$6,932,000.

B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 13A, Schedule 1, Section B: (1) Procurement of goods and services--$492,000; and (2) Procurement of construction services--$6,932,000.

C. Other Entities listed in the U.S. Schedule to Annex 13A, Schedule 1, Section C: (1) Procurement of goods and services--$555,000; (2) Procurement of construction services--$6,932,000.

2018 Quota for Haiti Value-Added Program Published

On December 15, 2017, the U.S. Department of Commerce published in the Federal RegisterLimitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act ("HOPE").

HOPE provides for duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences under HOPE is known as the "value-added" program, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The program is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month annual period. For the annual period from December 20, 2017 through December 19, 2018, the quantity of imports eligible for preferential treatment under the value-added program is 361,603,399 square meters equivalent.

Wednesday, December 13, 2017

Missouri woman pleads guilty to counterfeit Louis Vuitton scheme

A southwestern Missouri woman pleaded guilty in federal court last Wednesday to smuggling counterfeit Louis Vuitton material into the United States so that she could make and sell counterfeit merchandise on her website.

This guilty plea resulted from an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the IRS Criminal Investigation division.

Tonya Virtue, 33, of Mountain Grove, Missouri, waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to one count of smuggling goods into the United States.

Virtue admitted that she sold approximately $50,000 worth of counterfeit Louis Vuitton items through her online store, Soul Sisters, to customers throughout the United States. Virtue received shipments of fabric and material affixed with counterfeit Louis Vuitton trademarks and logos from an overseas Chinese manufacturer between Jan. 1 and Sept. 27, 2017. Virtue created counterfeit handbags, purses and other items from the counterfeit fabric, which she sold to consumers who believed they were purchasing items created by Louis Vuitton.

Under the terms of her plea agreement, Virtue must forfeit to the government $50,000 derived from the proceeds of the criminal scheme, as well as 17 Louis Vuitton clutch bags, 34 Louis Vuitton shoulder bags, 4 Louis Vuitton duffle bags, 9 Louis Vuitton wallets, 5 incomplete Louis Vuitton shoulder bags, 3 13-by-55-foot sheets of Louis Vuitton material, 1 15-by-55-foot sheet of Louis Vuitton material, 60 13-by-26-inch sheets of Louis Vuitton material, 36 Louis Vuitton-branded boxes.

Under federal statutes, Virtue is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and IRS-Criminal Investigation..

Missouri man pleads guilty to counterfeit airbag scheme

A southwestern Missouri man pleaded guilty in federal court last Wednesday to a scheme to sell counterfeit automotive airbags and components online.

This guilty plea resulted from an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the IRS – Criminal Investigation division.

Aleksey Illyuk, 28, of Ozark, Missouri, pleaded guilty before U.S. Magistrate Judge David P. Rush to one count of mail fraud and one count of smuggling goods into the United States.

Illyuk admitted he sold counterfeit automotive airbags and airbag components on his online eBay stores, CarPro 417 and CarPro Electronics. Illyuk received shipments from various Chinese manufacturers of airbags, airbag covers and other items that contained the trademarks of Honda, Toyota, Chevy, Ford and other companies. Each of these imported airbags contained trademarks and markings that made it appear the legitimate holder of the trademark had manufactured the airbags. Illyuk fraudulently marketed these items as airbags that had been manufactured by the legitimate trademark holder, when he knew that the parts were counterfeit and not manufactured by the legitimate trademark holder.

Illyuk sold approximately $120,000 worth of counterfeit items to consumers throughout the United States through his online stores from Jan. 1, 2015, to Aug. 17, 2017. The fact that the airbags and the airbag components parts were counterfeit and not manufactured by the legal holders of the displayed trademark or logo on the item was never truthfully disclosed to the consumers.

Under the terms of his plea agreement, Illyuk must forfeit to the government $103,000 obtained from the proceeds of his illegal scheme, as well as 150 counterfeit Toyota airbags and component parts (including 24 inflators and fully assembled airbags); 77 counterfeit Honda airbags and component parts (including 4 fully assembled airbags); 70 counterfeit Chevy/GMC airbags and component parts; 54 counterfeit Ford airbags and component parts; 207 counterfeit Nissan airbags and component parts (including 2 fully assembled airbags, 102 name plates, and 25 airbag covers); 8 counterfeit Infiniti airbag covers; 10 counterfeit Accura airbags and component parts; 13 counterfeit Hyundai airbags and component parts; 7 counterfeit BMW airbags and component parts (including 5 fully assembled airbags); 4 counterfeit Subaru airbags and component parts; 4 counterfeit Lexus fully assembled airbags; 1 counterfeit Mazada airbag and component part; and $17,000 seized by law enforcement agents.

Under federal statutes, Illyuk is subject to a sentence of up to 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by ICE HSI and IRS-Criminal Investigation.

Tuesday, December 12, 2017

Dream On Me Recalls Crib & Toddler Bed Mattresses Due to Violation of Federal Mattress Flammability Standard

Recall Details

This recall involves Dream On Me spring and foam mattresses for cribs and toddler beds. The recalled mattresses were sold in a variety of colors and prints. The model number and date of manufacture are printed on a tag on the top center of the mattress.

 

Mattress

Color/Print

Model

Date of Manufacture Range

Évolur Sleep Ultra Crib and Toddler Bed Mattress

white

849

between January 1, 2016 and December 19, 2016

 

 

Évolur Sleep Deluxe Crib and Toddler Bed Mattress

white

850

between January 1, 2016 and December 19, 2016.

 

Sweet Dreams 6” 88 Coil Spring Crib and Toddler Bed Mattress in Blue

white with blue clouds

87

between January 1, 2016 and December 19, 2016

 

 

88 Coil Inner Spring Standard Crib & Toddler Mattress

 

white

88

between January 1, 2016 and December 19, 2016

 

 

Visco Pedic Innerspring Standard Mattress in Blue star

 

blue star

150V_1

between January 1, 2016 and December 19, 2016

 

Convoluted Orthopedic Inner Spring Standard Crib & Toddler Mattress

white print

150C

between January 1, 2016 and December 19, 2016

 

Firm Foam Crib and Toddler bed mattress

white print

6E6WL

between January 1, 2016 and December 19, 2016

 

5" Foam Crib & Toddler Bed Quilted Standard Mattress

quilted bear print

5B5

between January 1, 2016 and December 19, 2016.

 

5” Round Foam Crib Mattress

white

42R

between January 1, 2016 and December 19, 2016.

 

5" Thick Round Crib Mattress

white

40R1

between January 1, 2016 and December 19, 2016

Remedy: Consumers should immediately stop using the recalled mattresses and contact Dream On Me to receive a free mattress cover to bring the mattress into compliance with the federal flammability standard.

Incidents/Injuries: None reported

Sold At: Amazon.com, Kohls.com, ToyRUs.com, Walmart.com and Wayfair.com from January 2016 through December 2016 for between $40 and $90.

Manufacturer(s): Dream On Me, of Piscataway, N.J.

Manufactured In: U.S.

Units: About 23,400

Dept. of Defense T-Shirt Contract Awarded

Heart & Core LLC, Minnetonka, Minnesota, has been awarded a maximum $7,920,000 modification (P00004) exercising the first one-year option of a one-year base contract (SPE1C1-17-D-1018) with four one-year option periods for tan and brown moisture-wicking t-shirts. The modification brings the maximum dollar value of the contract to $11,381,418 from $3,461,418. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Locations of performance are Minnesota and California, with a Dec. 15, 2018, performance completion date. Using military services are Army, Air Force, Navy and Coast Guard. Type of appropriation is fiscal 2018 through 2019 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania

One Stop Shop Recalls Children’s Pajamas Due to Violation of Federal Flammability Standard: Sold Exclusively at Foreman Mills

Recall Details

Description: This recall involves children’s 100 percent cotton knit, two-piece, long-sleeve top and pant pajama sets. They were sold in three different styles: Santa Claus print with a white button and black and gold belt screenprint; Elf screenprint with a white Peter Pan collar, three red buttons and a black and gold belt; and reindeer screenprint on the top with a Faire Isle pattern on the pant and a reindeer on the top. “Mad Engine” “RN 129993” and the size are on the neck label. The pajama sets were sold in children’s sizes XXS, XS, S, M, L and XL. Mad Engine claims these recalled pajama sets are counterfeit.

Remedy: Consumers should immediately take the recalled pajamas away from children and contact One Stop Shop for a full refund.

Incidents/Injuries: None reported

Sold At: Foreman Mills stores nationwide from September 2016 through November 2017 for about $6.

Importer(s): Karmin Industries, of Canada

Distributor(s): One Stop Shop, LLC, of Feeding Hills, Mass.

Manufactured In: China

Units: About 350

MORE PHOTOS.

Friday, December 8, 2017

Defense Contractor to Pay $1.5 Million Fine for False Made in USA Claims

The United States Attorney’s Office in St. Louis announced, November 30, 2017, that Seiler Instrument & Manufacturing Company, Inc., a defense contractor, will pay the United States $1.5 million in forfeiture based on the company's use of optical materials imported from China in the weapons sights which the company manufactured under a series of contracts with the Department of Defense. The company admits that the parts were improperly certified as compliant with the Buy American Act.

More Than 190 Organizations Urge Congress to Boost Manufacturing by Passing the MTB

On December 6, 2017, more than 190 organizations, representing industries ranging from chemicals, agriculture, textiles and footwear to electrical equipment, machinery and sporting equipment, sent a letter to Congress urging expedited passage of the Miscellaneous Tariff Bill (MTB) Act of 2017.

ANNOUNCING PANTONE 18-3838 ULTRA VIOLET, PANTONE® COLOR OF THE YEAR 2018.

Inventive and imaginative, Ultra Violet lights the way to what is yet to come...READ MORE.

Bolt Threads Announces Bioengineered Spider Silk/Wool Cap in Limited Edition

The first of its kind, the Best Made Microsilk™ Cap of Courage is only available in an extremely limited edition of 100 units. The cap is knit from bioengineered silk that has an identical molecular structure to spider silk. This groundbreaking fiber is the result of extensive research and development by California-based Bolt Threads: a team of scientists, engineers, and apparel experts who are devoted to innovating high-performance fabrics inspired by nature. We combined this radically new, soft and sustainable fiber with American Rambouillet wool from Wyoming. The Best Made Microsilk™ Cap of Courage is not only groundbreaking but extremely warm, resilient, and available in 10 designs that come presented in an official box.

Wednesday, December 6, 2017

Notice to the Trade: Gimped Yarn is Exemption from the Yarn Forward Rule in US FTAs

In 14 free trade agreements ("FTAs") the United States is currently a partner to, non-originating gimped yarn, or for that matter any non-originating article classified in Chapter 56 of the HTSUS, contained in a textile or apparel article of Chapters 50 through 55, or Chapters 57 through 63, does not disqualify an otherwise qualifying article from the benefits of the FTA. Although the texts of the agreements seem clear on the matter, there has been some question, particularly as it relates to DR-CAFTA.

On May 20, 2008, CBP issued letter N028235, ruling, "The non DR-CAFTA [gimped] yarns, used in the production of the hosiery, meet the terms of the tariff shift rule. Therefore [the hosiery articles] are entitled to a free rate of duty under the DR-CAFTA." On June 12, 2009, CBP published in Customs Bulletin Vol. 43, No. 24 a proposal to revoke that ruling and bring gimped yarn under the yarn forward rule. CBP received 18 comments and, in end, on January 27, 2010, published in Customs Bulletin Vol. Vol. 45, No. 5 that it was withdrawing the proposal. Subsequently, On May 7, 2014, CBP issued letter HQ H236917, ruling, again, that, "The hosiery at issue containing non-originating elastomeric [gimped] yarn qualifies as originating goods under the DR-CAFTA."

Army Uniform Contract Awarded

Goodwill Industries of South Florida Inc., Miami, Florida, has been awarded a maximum $18,626,000 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for Army combat uniform coats and trousers. This is a one-year contract with no option periods. Location of performance is Florida, with a May 31, 2019, estimated performance completion date. Using military service is Army. Type of appropriation is fiscal 2018 through fiscal 2019 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-18-D-N025).

CPSC Participating by Phone in the ASTM E05.15 Subcommittee Meeting on Furnishings and Contents

On December 7, 2017, Andrew Lock, Consumer Product Safety Commission staff member, will be participating by phone in the ASTM E05.15 subcommittee meeting on furnishings and contents to discuss upholstered furniture flammability standards development.

Sunday, December 3, 2017

USTR Statement on Report of Global Forum on Steel Excess Capacity

The Office of the U.S. Trade Representative released the following statement in response to the Report of the Global Forum on Steel Excess Capacity, concluded in Berlin, Germany, November 30, 2017. The Global Forum on Steel Excess Capacity commenced under the G20 Leaders’ call for a forum to address steel excess capacity worldwide.

“The United States welcomes international engagement and initial steps in addressing steel excess capacity issues. Progress on recommendations, information sharing plans and additional scheduled meetings must give way to real policy changes. Much work remains.

“The Forum has not made meaningful progress yet on the root causes of steel excess capacity, and pointing to short-term developments and worn out promises will not cure the fundamental causes of the problem. Addressing the ongoing steel excess capacity situation will require immediate and sustained concrete action by all steelmakers, including allowing markets to function, removing market-distorting subsidies and other forms of state support, and treating state-owned enterprises and private steelmakers equally. This view is shared by nearly all Forum members, and we welcome this recognition.

“The Report issued today contains many helpful policy prescriptions, but it fails to highlight the recurring failure of some countries to implement true market-based reforms in the steel sector. In addition, the Report does not contain complete information regarding market-distorting measures in certain economies and does not set forth a clear pathway for filling such data gaps. The Report erroneously suggests that simply setting capacity reduction targets has been an effective response to the crisis, when in fact meaningful progress can only be achieved by removing subsidies and other forms of state support and letting markets do their work.

“The United States remains fully engaged in working with Forum members for strong actions to address the root causes of the global steel excess capacity crisis. At the same time, the United States will not hesitate to use the tools available under legal authorities to firmly respond to the causes and consequences of steel excess capacity.”

The 33 Members of the Global Forum agreed on a report with six guiding principles for governments on the basis of which the OECD has worked closely with members to develop specific policy recommendations – concrete policy solutions the G20 Leaders asked for over one year ago. These emphasize the importance of having the right policy framework conditions; they call for the removal of subsidies and other measures that distort steel markets; they stress the need for a level playing field among steel enterprises of all types of ownership; they highlight the importance of the Forum regularly updating its information on capacity and policy measures.

Defense Contracts Awarded

NewView Oklahoma Inc., Oklahoma City, Oklahoma, has been awarded a maximum $49,000,000 fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for type II non-metallic hose assemblies. This is a five-year contract with no option periods. This is a mandatory source item designated for the National Industries for the Blind with one offer received. Location of performance is Oklahoma, with a Nov. 30, 2022, performance completion date. Type of appropriation is fiscal 2018 through 2023 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE8EG-18-D-0057).

NewView Oklahoma Inc., Oklahoma City, Oklahoma, has been awarded a maximum $45,000,000 fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for type I non-metallic hose assemblies. This is a five-year contract with no option periods. This is a mandatory source item designated for the National Industries for the Blind with one offer received. Location of performance is Oklahoma, with a Nov. 30, 2022, performance completion date. Type of appropriation is fiscal 2018 through 2023 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE8EG-18-D-0056).

Military Shoe Contract Awarded

Wolverine World Wide Inc., Rockford, Michigan, has been awarded a maximum $9,049,853 modification (P00010) exercising the second one-year option period of one-year base contract (SPE1C1-16-D-1026) with three one-year option periods for men's poromeric shoes. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is Michigan, with a Dec. 1, 2018, performance completion date. Using customers are Army, Air Force, Marine Corps and Coast Guard. Type of appropriation is fiscal 2018 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.