Government Announces New Online Portal for 232 Tariff Exclusion Request

On November 26, 2018, the U.S. Department of Commerce published in the Federal Register (83 FR 60393) Procedures for Participating in User Testing of the New Commerce 232 Exclusion Process Portal

SUMMARY: The Department of Commerce has developed an online portal that will replace the use of the Federal rulemaking portal (http://www.regulations.gov) for persons submitting exclusion requests, objections to exclusion requests, rebuttals, and surrebuttals in connection with duties or quotas imposed pursuant to Section 232 of the Trade Expansion Act of 1962, as amended (``232''). In order to improve the 232 exclusion process, the Department of Commerce plans to transition to the new Commerce 232 portal sometime in late 2018 to early 2019. This notice describes the process for the public to submit requests to participate in the public testing phase of the new Commerce 232 portal, and the procedures for attending the public testing.

DATES: The public testing will be held on December 6 and 7, 2018 at the U.S. Department of Commerce, Room 6872A, 1401 Constitution Avenue NW, Washington, DC 20230. Each public testing day will be broken into a morning session from 9 a.m. to 12 p.m. and an afternoon session from 1 p.m. to 4 p.m.

Background

Two components of the Department of Commerce, the Bureau of Industry and Security (BIS) and the International Trade Administration (ITA), have developed a new Commerce 232 portal to facilitate parties' ability to make 232 exclusion-related submissions, and the Department of Commerce's management of the 232 exclusion process. The new Commerce 232 portal will replace the use of the Federal rulemaking portal (http://www.regulations.gov) for parties submitting exclusion requests, objections to exclusions requests, rebuttals, and surrebuttals under the 232 exclusion process. The new portal will streamline the exclusion process for external parties, including importers and domestic manufacturers, by replacing the data collection point with web-based forms, which will enhance data integrity and quality controls. In addition, this new system will allow parties to more easily view all exclusion request, objection, rebuttal, and surrebuttal documents in one, web-based system. Finally, parties will be able to track submission deadlines in this same system. The new portal will also allow for better collaboration between government agencies processing 232 exclusion requests.

The Department of Commerce plans to transition to the new Commerce 232 portal sometime in late 2018 to early 2019, once testing is completed and any final updates are made. This notice describes the process for the public to submit requests to participate in the public testing phase of the new Commerce 232 portal, and the procedures for attending the public testing.

Once the Commerce 232 portal is ready to be implemented, the Department of Commerce will publish a rule making changes to the 232 exclusion process in Supplements No. 1 (for steel exclusion requests) and 2 (for aluminum exclusion requests) to Part 705. The public will have an opportunity to submit comments on the new portal once the rule is published. As much as possible, the Department of Commerce seeks input from the public on the new Commerce 232 portal prior to it going live, and believes allowing parties that will use the new portal to test it and provide feedback to the development team prior to implementation will be beneficial to both the Department and the public users of the system.

ITC Launches Investigation of Proposed US-EU FTA

On November 23, 2018, the U.S. International Trade Commission published in the Federal Register (83 FR 59417) [Investigation Nos. TA–131–044 and TPA–105–005] U.S.-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-Free Treatment for Currently Dutiable Imports; Institution of Investigation and Scheduling of Hearing.

Customs Broker Fee of $144.74 Due January 25

REMINDER to customs brokers that the annual user fee that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by January 25, 2019. Pursuant to fee adjustments required by the Fixing America’s Surface Transportation Act (FAST Act) and CBP regulations, the annual user fee payable in calendar year 2019 will be $144.74.

USTR Updates Section 301 Investigation

On November 20, 2018, the Office of the United States Trade Representative released a report updating information on its Section 301 investigation of China's acts, policies and practices related to technology transfer, intellectual property and innovation.

"We completed this update as part of this Administration's strengthened monitoring and enforcement effort," Ambassador Robert Lighthizer said. "This update shows that China has not fundamentally altered its unfair, unreasonable, and market-distorting practices that were the subject of the March 2018 report on our Section 301 investigation."

To read the report, click here.

Consumer Product Safety Commissioner Baiocco and Staff Meeting with Representatives from National Council of Textile Organizations (NCTO)

On December 11, 2018, Consumer Product Safety Commissioner Dana Baiocco, Mike Asplen, Chief Legal Advisor, and Dottie Yahr, Chief Policy Advisor, are meeting with representatives from National Council of Textile Organizations: Hardy Poole, Vice President, Regulatory and Technical Affairs at NCTO; Mike Shelton, President and CEO; Valdese Weavers, Chairman of the NCTO Upholstery Fabrics Committee and NCTO Board of Directors; Doug Nation, Government Affairs Manager at NCTO. The meeting was requested by Hardy Pool.

Agathon Associates Wishes You Happy Thanksgiving

Agathon Associates, will be closed Thursday, November 22nd, in celebration of Thanksgiving Day, a major holiday in the United States. All government offices and most businesses will be closed for the day. Many business, other than retail, will also be closed on Friday, the 23rd.

The following column ran in the November 16, 2018, issue of the Boston Post-Gazette

Times have changed
And we've often rewound the clock
Since the Puritans got a shock
When they landed on Plymouth Rock
If today
Any shock they should try to stem
'Stead of landing on Plymouth Rock
Plymouth Rock would land on them"
--"Anything Goes," Cole Porter, 1934.

Pilgrims, Plymouth Rock, Poultry, and Pumpkin Pie will all be on the menu next week as we Americans of every origin re-enact and re-interpret the story of that first Thanksgiving in 1621. Somehow, in the story of those Englishmen and women of a strict Calvinist religion, we find meanings to suit the needs of a multi-ethnic and multi-religious nation.

Originally headed for the northern part of the Virginia Colony -- roughly in the area where New York City is now located -- they ended up landing off-course, up here in what would become New England. Being out of the bounds of any established colony, where a colonial charter formed the basis for civil society, the Mayflower passengers found themselves, technically, outside of the law. Their response? They would remain loyal subjects of the king, but they would create their own local laws. Pilgrims, who made the passage for religious reasons, and others who crossed the Atlantic for commercial gain, agreed to live together in the New World under equal laws created democratically "for the General good."

The Mayflower Compact was signed on November 11, 1620 (Julian Calendar, the 21st in our Gregorian Calendar) on board the ship Mayflower which was at anchor in Provincetown Harbor. In it they agreed to: "solemnly and mutually in the Presence of God and one of another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid; And by Virtue hereof to enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the General good of the Colony; unto which we promise all due submission and obedience." And, thus, was established the first experiment in limited self-government in North America.

Much has changed since 1621. The American of 2018 is one that the Pilgrims could never have imagined. Yet, their faith, their perseverance, and their early experiment in democracy, still continue to inspire Americans.

May God bless all the readers of the Post-Gazette with his bounty. May he bring all traveling over the weekend safely to their destinations. May he open our hearts to be attentive to the needs of those less fortunate. Happy Thanksgiving 2018!

Army Textile Contract Awarded

Burlington Apparel Fabrics, Greensboro, North Carolina, has been awarded a maximum $47,951,352 firm-fixed-price, indefinite-delivery contract for blue poly/wool cloth. This was a competitive acquisition with one response received. This is a one-year contract with four one-year option periods. The maximum dollar amount is for the life of the contract. Location of performance is North Carolina, with a Nov. 18, 2023, performance completion date. Using military service is Army. Type of appropriation is fiscal 2019 through 2023 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-19-D-1113).

The Consumer Product Safety Commission Semiannual Regulatory Agenda

The Consumer Product Safety Commission has published its semiannual regulatory flexibility agenda. In addition, this document includes an agenda of regulatory actions that the Commission expects to be under development or review by the Agency during the next year. This document meets the requirements of the Regulatory Flexibility Act and Executive Order 12866. The Commission welcomes comments on the agenda and on the individual agenda entries.

DATES: Comments should be received in the Office of the Secretary on or before December 17, 2018.

The agenda contains a brief description and summary of each regulatory activity, including the objectives and legal basis for each; an approximate schedule of target dates, subject to revision, for the development or completion of each activity; and the name and telephone number of a knowledgeable agency official concerning particular items on the agenda.

Of particular interest to readers of Textiles and Trade Blog is #435. Flammability Standard for Upholstered Furniture

E.O. 13771 Designation: Independent agency.

Legal Authority: 15 U.S.C. 1193; 5 U.S.C. 801

Abstract: In October 2003, the Commission issued an advance notice of proposed rulemaking (ANPRM) to address the risk of fire associated with cigarette and small open-flame ignitions of upholstered furniture. The Commission published a notice of proposed rulemaking (NPRM) in March 2008, and received public comments. The Commission's proposed rule would require that upholstered furniture have cigarette-resistant fabrics or cigarette and open flame-resistant barriers. The proposed rule would not require flame-resistant chemicals in fabrics or fillings. Since the Commission published the NPRM, CPSC staff has conducted testing of upholstered furniture, using both full-scale furniture and bench-scale models, as proposed in the NPRM. In FY 2016, staff was directed to prepare a briefing package summarizing the feasibility of adopting California's Technical Bulletin 117-2013 (TB 117-2013) as a mandatory standard. Staff submitted this briefing package to the Commission in September 2016 with staff suggestions to continue developing the ASTM and NFPA voluntary standards. In the FY 2017 Operating Plan, the Commission directed staff to work with the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI), as well as voluntary standards development organizations, to improve upon and further refine the technical aspects of TB 117-2013.

Currently, staff is working with voluntary standards organizations, both ASTM and NFPA, and BEARHFTI to evaluate new provisions and improve the existing consensus standards related to upholstered furniture flammability. Depending upon progress of the various standards, in FY 2019, staff plans to prepare a status report on recent activities.

Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   06/15/94  59 FR 30735
Commission Hearing May 5 & 6, 1998     03/17/98  63 FR 13017
 on Possible Toxicity of Flame-
 Retardant Chemicals.
Meeting Notice......................   03/20/02  67 FR 12916
Notice of Public Meeting............   08/27/03  68 FR 51564
Public Meeting......................   09/24/03  .......................
ANPRM...............................   10/23/03  68 FR 60629
ANPRM Comment Period End............   12/22/03  .......................
Staff Held Public Meeting...........   10/28/04  .......................
Staff Held Public Meeting...........   05/18/05  .......................
Staff Sent Status Report to            01/31/06  .......................
 Commission.
Staff Sent Status Report to            11/03/06  .......................
 Commission.
Staff Sent Status Report to            12/28/06  .......................
 Commission.
Staff Sent Options Package to          12/22/07  .......................
 Commission.
Commission Decision to Direct Staff    12/27/07  .......................
 to Prepare Draft NPRM.
Staff Sent Draft NPRM to Commission.   01/22/08  .......................
Commission Decision to Publish NPRM.   02/01/08  .......................
NPRM................................   03/04/08  73 FR 11702
NPRM Comment Period End.............   05/19/08  .......................
Staff Published NIST Report on         05/19/09  .......................
 Standard Test Cigarettes.
Staff Publishes NIST Report on         09/14/12  .......................
 Standard Research Foam.
Notice of April 25 Public Meeting      03/20/13  78 FR 17140
 and Request for Comments.
Staff Holds Upholstered Furniture      04/25/13  .......................
 Fire Safety Technology Meeting.
Comment Period End..................   07/01/13  .......................
Staff Sends Briefing Package to        09/08/16  .......................
 Commission on California's TB 117-
 2013.
Staff Sends Status Briefing Package    09/00/19  .......................
 to the Commission.
------------------------------------------------------------------------

Commercial Customs Operations Advisory Committee (COAC) to Meet December 5th

The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Wednesday, December 5, 2018, in Herndon, Virginia. The meeting will be open to the public.

Agenda

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

1. The Secure Trade Lanes Subcommittee will present plans for the scope and activities of the Trusted Trader and CTPAT Minimum Security Criteria Working Groups. It is anticipated that recommendations will be presented regarding the proposed Forced Labor Trusted Trader Strategy. The subcommittee will also deliver recommendations from the Petroleum Pipeline Working Group regarding the results of a proof of concept test that used the Automated Commercial Environment to electronically report and manage petroleum moving in-bond via pipeline; as well as recommendations from the In-bond Working Group regarding potential automation, visibility, system and regulatory issues.

2. The COAC Next Generation Facilitation Subcommittee will discuss the E-Commerce Working Group's progress on mapping the supply chains of various modes of transportation to identify the differences between e-commerce and traditional channels. The subcommittee will also provide an update on the status of the Emerging Technologies Working Group's NAFTA/CAFTA, Intellectual Property Rights, and Pipeline Blockchain Proof of Concept projects. Finally, the subcommittee will provide a progress report for the Regulatory Reform Working Group as it completes its review of Title 19 of the Code of Federal Regulations (CBP regulations) and begins its preparation of high-level recommendations.

3. The Intelligent Enforcement Subcommittee will provide recommendations from the Intellectual Property Rights Working Group and updates from the Anti-Dumping and Countervailing Duty, Bond, and Forced Labor Working Groups.

Federal Prison Industries Get DoD Clothing Contract

Federal Prison Industries Inc., doing business as Unicor, Washington, District of Columbia, has been awarded a maximum $49,920,000 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for various types of trousers. This is a four-year contract with no option periods. Locations of performance are District of Columbia, Texas and Alabama, with a May 15, 2023, performance completion date. Using military services are Army and Air Force. Type of appropriation is fiscal 2019 through 2023 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-19-D-F016).

Agathon Associates Assists with New Hampshire’s Foreign-Trade Zone #81 Reorganization

On November 8, 2018, the U.S. Department of Commerce Foreign-Trade Zones (FTZ) Board issued Order No. 2073, approving the reorganization of FTZ #81, Pease Development Authority (PDA), Portwmouth, New Hampshire, under the Alternate Site Framework (ASF) regulations.

The PDA engaged the services of professional trade consulting companies, Foreign Trade Zones Solutions, LLC and Agathon Associates to assist in the preparation and filing of the application. The application was docketed with the FTZ Board January 30, 2018 and the Board Order was published in the Federal Register on Thursday November 15, 2018.

The new service area includes the Counties of Rockingham, Strafford, Carroll (partial), Belknap (partial), Cheshire, Hillsborough, Merrimack (partial), Sullivan and Grafton (partial), in and adjacent to the Portsmouth Customs and Border Protection Port of Entry. Existing sites are (1) the Market Street Marine Terminal, (2) Portsmouth Industrial Park, (4) Manchester Airport and (5) Pease International Tradeport and categorized as "Magnet Sites" and existing site (6) Londonderry, is categorized as a "Usage Driven Site". Potential users of the FTZ can now utilize its benefits within approximately 30 days from the time an application is accepted for filing. Under the previous "Traditional Site Framework" (TSF), applications took up to a year for approval.

The Foreign-Trade Zones Act of 1934 was passed to provide financial incentive to companies that would have operated offshore, to locate within the United States, thereby creating jobs and stimulating the economy. Foreign-Trade Zones are areas designated by the FTZ Board and are under the supervision of U.S. Customs and Border Protection. For the purpose of assessment and collection of import duties, foreign imported merchandise entered into a zone is considered not to have entered the commerce of the United States and, therefore, duties are not paid while the merchandise remains at the site. Depending on the final disposition of merchandise, duty deferral, duty reduction and/or duty elimination are potential zone benefits.

The Grant of Authority for FTZ #81 was issued in 1982 to the New Hampshire Port Authority, now the Pease Development Authority Division of Ports and Harbors. Because the Traditional Site Framework was restricted to specific site locations, approval of any proposed activity beyond the sites was complex and lengthy, taking up to a year following application. The FTZ Board, at the recommendation of the FTZ staff, adopted the Alternate Site Framework regulations in January 2009. The ASF gives Grantees more flexibility to respond to the needs of companies to whom FTZ’s may be beneficial.

HSI Boston, IPR Center, partners rack up major league results against counterfeit dealers in 2018 World Series enforcement effort

U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Boston and the National Intellectual Property Rights Coordination Center (IPR Center) announced the successful results from the Boston segment of this year's "Operation: Ground Rules" an aggressive counterfeit-combatting enforcement multi-partner operation held during and immediately following Major League Baseball's 2018 World Series.

The multi-partner enforcement operation was coordinated with the support of and participation of HSI special agents, U.S. Customs and Border Protection officers, City of Boston Code Enforcement personnel and MLB Trademark Enforcement representatives.

HSI special agents seized more than 3,000 items of counterfeit MLB apparel and merchandise being offered for sale by vendors in and around Fenway Park, throughout the Boston area, and along the post-series victory parade route in Boston. Merchandise included baseball hats, knit caps, t-shirts, sweatshirts, and pennants. Had the goods been genuine, they would have retailed domestically for more than $87,000 dollars.

The Boston-area segment of "Operation: Ground Rules," which also included enforcement actions near the site of National League champion Los Angeles Dodgers, targeted several sites in the Boston area, including at Fenway Park during the World Series games and also along the parade route during the traditional "duck boat" parade of the 2018 World Series Champion Red Sox across downtown Boston on Oct. 31.

Army Combat Boot Contract Awarded

McRae Industries Inc., Mt. Gilead, North Carolina, has been awarded a maximum $7,558,498 modification (P00003) exercising the first one-year option period of a one-year base contract (SPE1C1-18-D-1011) with four one-year option periods for hot-weather combat boots. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is North Carolina, with a Nov. 14, 2019, performance completion date. Using military service is Army. Type of appropriation is fiscal 2019 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Announcement: Absolute Quota Steel and Aluminum Product Relief

U.S. Customs and Border Protection (CBP), Office of Trade (OT) is providing guidance for the entry filing of imports of steel mill articles and aluminum products granted relief, under section 232 of the Trade Expansion ACT of 1962 from absolute quota by the Secretary of Commerce, paragraphs (1) and (2) of Presidential Proclamation 9777 (83 FR 45026, Vol. 171 September 4, 2018). ACE is programmed to process imports granted relief from quantitative limits.

Importers or filers must submit a copy of the approved Department of Commerce (DOC) quota product exclusion with the approved importer of record number to traderemedy@dhs.gov and courtesy copy the Quota and Agriculture Branch HQQuota@cbp.dhs.gov.

Only products from importer(s) designated in the product exclusion approved by the DOC are eligible for the exclusion from the Section 232 measures.

NOTE: CBP must receive and activate the product exclusion number before any quota exemption can be processed, and goods subject to the quota exemption can be released.

ENTRY FILING INSTRUCTIONS

If quota amount is still available under the absolute quota category under which the import is classified, follow the following filing instructions:

In addition to reporting the regular Chapters 72 & 73 of the Harmonized Tariff Schedule (HTS) classification for the imported merchandise, importers shall report the following HTS classification for imported merchandise subject to the relief:

9903.80.60 – Steel Mill or Aluminum Articles non-expedited quota approval OR

9903.80.61 – Steel Mill Articles expedited quota approval

Do NOT submit any other HTS, including any other Chapter 99 HTS

Use Quota Entry Type (i.e. entry types 02, 06, 07, 23, 32, or 38)

Entered Value Information: The entered value of the commodity being imported should be reported on the appropriate Chapter 1-97 HTS classification.

Exception: Chapter 98 reporting provisions may require the entered value to be reported differently. Please refer to the “HTS Sequence” instructions in CSMS # 18-000624.

The filer must transmit the product exclusion number in the importer additional declaration field (54 record) of the entry summary data, based on the following format:

For excluded Steel mill articles = STLXXXXXX

For excluded Aluminum products = ALUXXXXXX

XXXXXX represents the last six digits of the Regulations.gov approval number; do not include spaces or special characters, such as hyphens.

Example: If a steel exclusion is granted under product exclusion docket number BIS-2018-0009-9002, the importer/filer should submit the exclusion number STL099002 (i.e. STL plus the last six digits of the docket number).

Please refer to the Importer's Additional Declaration Detail (Input 54-Record) of the CBP and Trade Automated Interfaces Requirements (CATAIR) Manual for further guidance. The CATAIR document can be found at https://www.cbp.gov/document/guidance/ace-abi-catair-entry-summary-createupdate.

If the quota amount has filled under the absolute quota category under which the import is classified, follow the following filing instructions:

In addition to reporting the regular Chapters 72 & 73 of the Harmonized Tariff Schedule (HTS) classification for the imported merchandise, importers shall report the following HTS classification for imported merchandise subject to the relief:

9903.80.60 – Steel Mill or Aluminum Articles non-expedited quota approval OR

9903.80.61 – Steel Mill Articles expedited quota approval

Do NOT submit any other HTS, including any other Chapter 99 HTS

As above, be sure to use Quota Entry Type (entry types 02, 06, 07, 23, 32, or 38).

Failure to follow these instructions may result in the quota exemption not processing and the entry being rejected.

USITC Launches Investigation of Potential U.S.-Japan FTA

On November 7, 2018, the U.S. International Trade Commission released (News Release 18-136; Inv. No. TA-131-043 and TPA-105-004) Probably Economic Effect of Providing Duty Free Treatment for Currently Dutiable Imports from Japn.

As requested, the USITC will advise the President as to the probable economic effect of providing duty-free treatment for imports of currently dutiable  products from Japan on industries in the United States producing like or directly competitive products and on consumers.  In preparing its advice, the USITC will consider each article in chapters 1 through 97 of the Harmonized Tariff Schedule of the United States (HTSUS) for which U.S. tariffs will remain, taking into account implementation of U.S. commitments in the World Trade Organization. The advice will be based on the HTSUS in effect during 2018 and trade data for the year 2017.

In addition, as requested, the USITC will prepare an assessment of the probable economic effects of eliminating tariffs on imports from Japan of certain agricultural products on U.S. industries producing the products concerned and on the U.S. economy as a whole.  A list of the agriculture products is attached to the USTR’s request letter.

The USITC expects to submit its report, which will be confidential, to the USTR by January 24, 2019.

The USITC is seeking input for the investigation from all interested parties and requests that the information focus on the issues for which the USITC is requested to provide information and advice. 

The USITC will hold a public hearing in connection with the investigation on December 6, 2018.  Requests to appear at the hearing should be filed no later than 5:15 p.m. on November 26, 2018, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.  For further information, call 202-205-2000.

The USITC also welcomes written submissions for the record.  Written submissions should be addressed to the Secretary of the Commission at the above address and should be submitted at the earliest practical date but no later than 5:15 p.m. on December 13, 2018. All written submissions, except for confidential business information, will be available for public inspection.

Farm Bill is Lame Duck Priority

U.S. Rep. Collin Peterson (Dem., Minn.), who likely will retake the chairmanship of the House Agriculture Committee, said Wednesday his top priority right now is to get a farm bill done in the upcoming lame-duck session of Congress. Read more HERE.

Initiation of AD/CVD Investigations on Yarn from China and India

On November 7, 2018, the Department of Commerce initiated its less-than-fair-value and countervailing duty investigations on Polyester Textured Yarn from India and the People's Republic of China. These investigations have been assigned the following case numbers: A-533-885 and C-533-886 (India) A-570-097 and C-570-098 (China).

The merchandise covered by these investigations, polyester textured yarn. Polyester textured yarn is produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber. This scope includes all forms of polyester textured yarn, regardless of surface texture or appearance, yarn density and thickness (as measured in denier), number of filaments, number of plies, finish (luster), cross section, color, dye method, texturing method, or packing method (such as spindles, tubes, or beams).

The merchandise subject to these investigations is properly classified under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

Commerce requests that comments be filed by 5:00 p.m. Eastern Time (ET) on November 27, 2018.

Notice of the corresponding investigations (Inv. No. 701-TA-612-613 and 731-TA-1429-1430) at the U.S. International Trade Commission was published in the Federal Register (83 FR 53899) on October 25, 2018.

These investigations were initiated based on petitions filed by Unifi Manufacturing, Inc. and Nan Ya Plastics Corp. America on October 18, 2018.

In the antidumping duty investigation, Commerce will determine whether imports of polyester textured yarn from China and India are being dumped in the U.S. market at less than fair value.

The alleged dumping margins for China and India range from 74.98 to 77.15 percent and 35.14 to 202.93 percent, respectively.

In the countervailing duty investigation, Commerce will determine whether Chinese and Indian producers of polyester textured yarn are receiving unfair government subsidies.

There are 20 subsidy programs alleged in the China countervailing duty investigation, including the provision of low-priced inputs, preferential loans, grants, as well as income tax incentives, while there are 43 subsidy programs alleged in the India countervailing duty investigation, including tax incentives, the provision of low-priced inputs, grants, and loan subsidies.

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized U.S. imports of polyester textured yarn from China and/or India are causing injury to U.S. industry, Commerce will impose duties on those imports in the amount of dumping and/or unfair subsidization found to exist.

In 2017, imports of polyester textured yarn from China and India were valued at an estimated $35 million and $19.6 million, respectively.

Click HERE for a fact sheet on these initiations.

Next Steps:

During Commerce’s investigations into whether polyester textured yarn from China and India are being dumped and/or unfairly subsidized, the ITC will conduct its own investigations into whether U.S. industry and its workforce are being harmed by such imports. The ITC will make its preliminary determinations on or before December 3, 2018. If the ITC preliminarily determines that there is injury or threat of injury, then Commerce’s investigations will continue, with the preliminary CVD determinations scheduled for January 11, 2019, and preliminary AD determinations scheduled for March 27, 2019, unless these deadlines are extended.

If Commerce preliminarily determines that dumping and/or unfair subsidization is occurring, then it will instruct U.S. Customs and Border Protection to start collecting cash deposits from all U.S. companies importing polyester textured yarn from China and India.

Final determinations by Commerce in these cases are scheduled for March 27, 2019, for the CVD investigations, and June 10, 2019, for the AD investigations, but those dates may be extended. If Commerce finds that these products are not being dumped and/or unfairly subsidized, or the ITC finds in its final determinations there is no harm to U.S. industry, then the investigations will be terminated and no duties will be applied.

The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. Since the beginning of the current Administration, Commerce has initiated 135 new antidumping and countervailing duty investigations – this is a 255 percent increase from the comparable period in the previous administration.

Antidumping and countervailing duty laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of the unfair pricing of imports into the United States. Commerce currently maintains 460 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade law and does so through an impartial, transparent process that abides by international law and is based on factual evidence provided on the record.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties. Companies that receive unfair subsidies from their governments, such as grants, loans, equity infusions, tax breaks, or production inputs, are subject to countervailing duties aimed at directly countering those subsidies.

H.I.S. Recalls Girl’s Clothing Sets Due to Violation of Federal Lead Content Ban

Description: This recall involves Self-Esteem brand girl's clothing sets with a gold leaf pendant necklace. The recalled clothing sets consists of three items: a short-sleeve teal top with cut-out shoulders, a navy blue legging pant with a teal floral print and a pendant necklace with an orange and teal center. The recalled clothing sets have style number PO#71160/LOT9 and a date of production of 10/2017 printed on a white label on the inside of the garment. The recalled clothing sets were sold in girl’s sizes 4x-12x.

Remedy: Consumers should immediately stop using the necklace from the recalled clothing sets, take it away from children and return it to the place of purchase for a full refund.

Incidents/Injuries: None reported

Sold At: Burlington and Shopko stores nationwide from February 2018 through October 2018 for about $14.

Manufacturer(s): Ningbo Younker Fashion Accessory Industrial Corporation, of China

Importer(s): H.I.S. International Group LLC, of New York

Distributor(s): H.I.S. International Group LLC, of New York

Manufactured In: China

Recall number: 19-034

Monday is Veterans Day in the U.S.A.

Monday, November 12, 2014, is the observation of Veterans Day, a federal holiday in the United States. National, state, and local government offices will be closed in commemoration. Most businesses will be open.

The Boston office of Agathon Associates will be closed for the day, as principal David Trumbull will be traveling to meetings of the American Association of Textile Chemists and Colorists ("AATCC") in North Carolina, where he will represent clients' interests in fiber analysis.

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

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

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

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

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

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

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

God Bless the United States of America!

CPSC Staff to Attend AATCC Meetings Next Week

On November 13 through 14, 2018, Paige Witzen, Consumer Product Safety Commission Directorate for Laboratory Sciences, will be attending AATCC Committee Meetings for Textiles. Sheraton Imperial Hotel & Convention Center, Research Triangle Park, N.C.

Outcomes from the latest research shows that wearing superfine Merino wool offers natural relief to those who suffer from eczema

A new study has confirmed that wearing superfine Merino wool helps ease the symptoms of eczema and improves the wearer's quality of life.

Supported by The Woolmark Company's Fibre Advocacy program, Professor Joe Fowler at Dermatology Specialists Research in Louisville, Kentucky, undertook this two-year study assessing the effect of Merino base-layer fabrics on 50 of his patients with mild-to-moderate eczema.

Read more HERE.

Army and Navy Wool Textile Contracts Awarded

Burlington Apparel Fabrics, Greensboro, North Carolina, has been awarded a maximum $40,632,816 firm-fixed-price, indefinite-delivery contract for blue wool cloth. This was a competitive acquisition with one response received. This is a one-year contract with four one-year option periods. The maximum dollar amount is for the life of the contract. Location of performance is North Carolina, with a Nov. 4, 2023, performance completion date. Using military service is Navy. Type of appropriation is fiscal 2019 through 2023 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-19-D-1112).

Burlington Apparel Fabrics, Greensboro, North Carolina, has been awarded a maximum $40,563,765 firm-fixed-price, indefinite-delivery contract for blue poly/wool cloth. This was a competitive acquisition with one response received. This is a one-year contract with four one-year option periods. The maximum dollar amount is for the life of the contract. Location of performance is North Carolina, with a Nov. 4, 2023, performance completion date. Using military service is Army. Type of appropriation is fiscal 2019 through 2023 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-19-D-1100).