Copyright 2015, Agathon Associates, Consultants in Textiles and Trade, Blog by David Trumbull
Friday, May 31, 2019
Trump Threatens 25% Tariff on Mexican Goods
Aegean Apparel Recalls Children’s Sleepwear Due to Violation of Federal Flammability Standard
Description: This recall involves Aegean Apparel children’s robes and pajama pants. The robe is a 100 percent polyester micro fleece. It is hooded with long sleeves, a belt sewn into the back and two front pockets. The robe is light green with a gray and orange cat print with cat ears sewn onto the robe’s hood. The pajama pants are 100 percent polyester in white with a black and gray dog wearing a Santa hat print. Both garments were sold in children’s sizes small through extra large and have “Kings n Queens by Aegean Apparel” on its label.
Remedy: Consumers should immediately take the recalled sleepwear away from children and contact Aegean Apparel for a full refund.
Incidents/Injuries: None reported
Sold At: Online at www.aegeanapparel.com from November 2016 through October 2018 for $30 for the pants and about $60 for the robe.
Importer(s): Aegean Apparel, Inc. of Dayton, Ohio
Manufactured In: China
Recall number: 19-128
Army and Air Force Apparel Contracts Awarded
Puerto Rico Apparel Manufacturing Corp., Mayaguez, Puerto Rico, has been awarded a maximum $10,251,270 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for coats and trousers. This was a competitive acquisition with eight responses received. This is a one-year base contract with four one-year option periods. Location of performance is Puerto Rico, with a May 29, 2020, performance completion date. Using military services are Army and Air Force. Type of appropriation is fiscal 2019 through 2020 defense working capital funds. The contracting activity is Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-19-D-1151).
Wednesday, May 29, 2019
Federal Business Opportunities through May 29, 2019
------------------------------------------------------- Title: DJFRXD-RAIDJACKETS Sol. #: DJFRXD-RAIDJACKETS Agency: Department of Justice ------------------------------------------------------- Title: MESCALERO HELITACK FLIGHT HELMETS Sol. #: 140A0719Q0026 Agency: Department of the Interior ------------------------------------------------------- Title: Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue Sol. #: 7FCI-L3-030084-B Agency: General Services Administration ------------------------------------------------------- Title: HOODIE, SWEATSHIRT Sol. #: SPMYM119Q0054 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Uniform BDU Color Olive Sol. #: 4THRTB0004 Agency: Department of the Army ------------------------------------------------------- Title: CORE AND NNSY LOGO T-SHIRTS Sol. #: SPMYM1-19-Q-0053 Agency: Defense Logistics Agency ------------------------------------------------------- Title: DHS Uniform Contract I (Strategically Sourced) Sol. #: HSBP1014D00034 Agency: Department of Homeland Security ------------------------------------------------------- Title: TROPHY JACKET Sol. #: SPMYM119Q0051 Agency: Defense Logistics Agency ------------------------------------------------------- Title: TENT Sol. #: SPE1C119T1769 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Police Uniforms Sol. #: SP330019Q5024 Agency: Defense Logistics Agency ------------------------------------------------------- Title: The MSV GEN II (Modular Scalable Vest) SM, MED, LARG, XL Sol. #: JRTCOPSGRPFTPOLKAAJ0006 Agency: Department of the Army ------------------------------------------------------- Title: Tent End Section Sol. #: W912KC-19-Q-9047 Agency: Department of the Army ------------------------------------------------------- Title: WOMEN/MEN'S POLO SHIRTS Sol. #: SPMYM119Q0052 Agency: Defense Logistics Agency ------------------------------------------------------- Title: NNSY AND AMERICAS SHIPYARD MENS TSHIRTS Sol. #: SPMYM1-19-Q-0050 Agency: Defense Logistics Agency ------------------------------------------------------- Title: The Special Response Vest (SRV) Ergonomically designed for greater maneuverability Sol. #: JRTCOPSGRPOCTAAJ0005 Agency: Department of the Army ------------------------------------------------------- Title: Tent, Light Tower, 6K Forklift and Shower - Ft. Hood, TX Sol. #: W912LM-19-Q-0034 Agency: Department of the Army ------------------------------------------------------- Title: BARS - Guardian Angel - Footwear Sol. #: FA8629-19-R-5006 Agency: Department of the Air Force ------------------------------------------------------- Title: Tropical Boot Sol. #: M67854-19-R-1538 Agency: Department of the Navy ------------------------------------------------------- Title: Biathlon Team Race Layer Winter Clothing Sol. #: W912LN-19-Q-0013 Agency: Department of the Army ------------------------------------------------------- Title: BAG,TENT FRAME PART Sol. #: SPE1C119T1767 Agency: Defense Logistics Agency ------------------------------------------------------- Title: DRUM MAJOR MACE (STAFF) AND BALDRIC (SASH) Sol. #: M6740019P0050 Agency: Department of the Navy ------------------------------------------------------- Title: OPTION - CLOTHING Sol. #: 20113221 Agency: Department of Homeland Security ------------------------------------------------------- Title: Fire Turnout Gear Sol. #: SP3300-19-Q-5030 Agency: Defense Logistics Agency ------------------------------------------------------- Title: High Visibility Safety Shirts - Custom Imprinted Sol. #: W912ES19T0052 Agency: Department of the Army ------------------------------------------------------- Title: Inflatable Propulsion Shelter Sol. #: W912KC-19-Q-9028 Agency: Department of the Army ------------------------------------------------------- Title: Aprons for use in meat and poultry slaughter Sol. #: 123A9419Q0019 Agency: Department of Agriculture ------------------------------------------------------- Title: Soft Armor Inserts and Vests Sol. #: FA558719Q1020 Agency: Department of the Air Force ------------------------------------------------------- Title: COVERALL, SANDBLASTER Sol. #: N32253-19-Q-0036 Agency: Department of the Navy ------------------------------------------------------- Title: Clipboard, Pilot's Sol. #: SPE1C1-19-R-TBA1 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Tactical Operations Dry Suit Sol. #: 160ALSE_MS Agency: Department of the Army ------------------------------------------------------- Title: BAR,SERVICE RIBBON Sol. #: SPE1C119T1657 Agency: Defense Logistics Agency ------------------------------------------------------- Title: UA Rain Gear Sol. #: USAMU_Rain_Gear_Branded Agency: Department of the Army ------------------------------------------------------- Title: PSD Purchase Sol. #: ShawAFBHHBNUSARCENTHMJ0010 Agency: Department of the Army ------------------------------------------------------- Title: Deployment Clothing Equipment (7C, QA) Sol. #: W912LA19Q6034 Agency: Department of the Army ------------------------------------------------------- Title: BARS - Guardian Angel - Footwear Sol. #: FA8629-19-R-5006 Agency: Department of the Air Force ------------------------------------------------------- Title: TROUSERS,MEN'S Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: INSIGNIA,SHOULDER S Sol. #: SPE1C119T1758 Agency: Defense Logistics Agency ------------------------------------------------------- Title: EOD Bomb Suits - Sources Sought Sol. #: FA8051-18-D-0001 Agency: Department of the Air Force ------------------------------------------------------- Title: GLOVES, ANTI-STATIC Sol. #: W44W9M-19-T-0131 Agency: Department of the Army ------------------------------------------------------- Title: Tactical Boots Sol. #: 15B61819Q00000016 Agency: Department of Justice ------------------------------------------------------- Title: Rash Guard Style Swim Shirt for Recruit Training Sol. #: HSCGG9-19-Q-PUD667 Agency: Department of Homeland Security ------------------------------------------------------- Title: Mobility Bag Sol. #: W90VN619R0024 Agency: Department of the Army ------------------------------------------------------- Title: Tactical Operations Dry Suit Sol. #: 160ALSE_MS Agency: Department of the Army ------------------------------------------------------- Title: Retention Publicity Items Sol. #: SAMRETPCFY19 Agency: Department of the Army ------------------------------------------------------- Title: TYR Gunfighter Belts Sol. #: 10thSFG_FY1912 Agency: Department of the Army ------------------------------------------------------- Title: Fire Retardant Vinyl Tarps - 18oz SKU: FS-VLP18FR Waterproof, UV, Mildew and Fire Resistant (NFPA 701, ASTME-E-84 and approved by California State Fire Marshal) Sol. #: FortPolkJRTCOPSGRPAAJ0001 Agency: Department of the Army ------------------------------------------------------- Title: Tropical Boot Sol. #: M67854-19-R-1538 Agency: Department of the Navy ------------------------------------------------------- Title: DHS Uniform Program II - Strategic Sourcing Effort - Uniforms Sol. #: 70B01C19R00000003 Agency: Department of Homeland Security ------------------------------------------------------- Title: Belleville 800ST Safety Boots Sol. #: DetrickPoliceKSO0002 Agency: Department of the Army ------------------------------------------------------- Title: PROTECTIVE EYEWEAR Sol. #: DJF192200PR0004980 Agency: Department of Justice -------------------------------------------------------
Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.
Tuesday, May 28, 2019
The Department of Commerce Amends Countervailing Duty Process
“This change puts foreign exporters on notice that the Department of Commerce can countervail currency subsidies that harm U.S. industries,” said Commerce Secretary Wilbur Ross. “Foreign nations would no longer be able to use currency policies to the disadvantage of American workers and businesses. This proposed rulemaking is a step toward implementing President Trump’s campaign promise to address unfair currency practices by our trading partners.”
The draft regulation identifies the criteria the Department would use to determine if countervailing duties should be imposed for currency undervaluation.
Since the beginning of President Trump’s term in office, the strict enforcement of U.S. trade laws has been a focus of his Administration. Just in the area of antidumping and countervailing duty enforcement, Commerce has initiated 164 new investigations – a 215 percent increase from the comparable period in the previous administration.
The Enforcement and Compliance unit within the International Trade Administration of the Department of Commerce is responsible for countervailing duty proceedings and determinations. Along with antidumping laws, countervailing duty laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfairly traded imports into the United States.
Commerce currently maintains 481 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.
Duvaltex Introduces Game-Changing Biodegradable Clean Impact Textiles
Thursday, May 23, 2019
USITC Institutes Section 337 Investigation of Certain Female Fashion Dresses, Jumpsuits, Maxi Dresses, and Accoutrements
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Style Pantry LLC of Beverly Hills, CA, on March 20, 2019. An amended complaint was filed on April 24, 2019. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation and sale of certain female fashion dresses, jumpsuits, maxi skirts, and accoutrements by reason of false designation, false description, dilution, and obtaining sales by false claim of association, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Amazon.com Inc. of Seattle, WA;
Xunyun, Jiaxing Xunyung Imp & Exp Co. Ltd., of Zhejiang, China; and
Jianzhang Liao, Pinkqueen Apparel Inc., of Xiaman, China.
By instituting this investigation (337-TA-1157), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
Williams Sonoma Hit with Claim of False Made in USA Claims
Monday is Memorial Day in the U.S.A.
In much of the United States, Memorial Day marks the beginning of summer. The "three day weekend" created by the Monday holiday is enjoyed with cookouts, trips to the beach and other leisure activities as will as parades and public ceremonies honoring those who died in service of the nation.
In Flanders fields the poppies grow Between the crosses, row on row That mark our place: and in the sky The larks still bravely singing, fly Scarce heard amid the guns below. We are the Dead. Short days ago We lived, felt dawn, saw sunset glow, Loved, and were loved, and now we lie In Flanders fields. Take up our quarrel with the foe: To you from failing hands we throw The Torch: be yours to hold it high! If ye break faith with us who die We shall not sleep, though poppies grow In Flanders fields. —John McCrae (1872-1918)
Each year I see fewer and fewer men on the street wearing remembrance poppies on Memorial Day, since 1971 celebrated on the last Monday in May. One year I couldn't even find anyone selling "Buddy Poppies," the paper replica flowers that the Veterans of Foreign Wars sell to raise money for disabled veterans.
For more than 90 years, the VFW's Buddy Poppy program has raised millions of dollars in support of veterans' welfare and the well being of their dependents. In February 1924, the VFW registered the name "Buddy Poppy" with the U.S. Patent Office. A certificate was issued on May 20, 1924, granting the VFW all trademark rights in the name of Buddy under the classification of artificial flowers. The VFW has made that trademark a guarantee that all poppies bearing that name and the VFW label are genuine products of the work of disabled and needy veterans. No other organization, firm or individual can legally use the name "Buddy" Poppy.
When you buy your Buddy Poppy to wear this Memorial Day you will be giving material aid to a disabled veteran. And when you wear your Buddy Poppy you will remind everyone who sees you of the meaning of Memorial Day.
The American Legion also sells crepe paper poppies for Memorial Day. That is another fine organization worthy of your support.
Although the United States Department of Veterans Affairs states "The wearing of poppies in honor of America's war dead is traditionally done on Memorial Day, not Veterans Day" many of us do join our friends from the British Commonwealth nations in wearing the red poppy of remembrance on November 11th as well.
This Memorial Day remember those who gave the last full measure of devotion to cause of liberty.
Maine Textiles International Closes
Wednesday, May 22, 2019
U.S. Knitters File Opposition to Morocco Short Supply Request
On April 18, 2019, the Committee for the Implementation of Textile Agreements published in the Federal Register (84 FR 16243) Request for Public Comment on a Commercial Availability Request Under the U.S.-Morocco Free Trade Agreement
SUMMARY: The Government of the United States received a request from the Government of Morocco dated March 14, 2019, on behalf of GOTTEX SWIMWEAR BRANDS LTD to initiate consultations under Article 4.3.3 of the USMFTA. The Government of Morocco is requesting that the United States and Morocco consider revising the rules of origin for women's or girls' swimwear to address availability of supply of certain knit fabric in the territories of the Parties. the USMFTA.
Comments in opposition were filed by:
Agathon Associates notes that the request from the Government of Morocco states that the third-country fabric that would be the beneficiary of the proposed modification will incorporate Lyrca® brand spandex produced in Ireland by U.S.A.-based manufacturer Invista. We fail to see the relevancy of this statement. If the rule of origin is modified to allow third-country fabric, the origin of the yarn in the fabric is irrelevant, and the yarn could be sourced from any of the many spandex manufacturers located in several countries. However, if the rule is not modified, and GOTTEX chooses to use fabric made in the U.S., the source of the yarn will also be U.S. -- from Invista, the sole U.S. producer of spandex -- due the requirement in the USMFTA that elastomeric yarn in the component that determines the tariff classification of the garment must be 100% originating in the region.
Consumer Product Safety Commission Personnel Attending Industry Conferences in June
On June 5, 2019, Jacqueline Campbell, CPSC Directorate for Engineering Sciences, will be a panelist (participating remotely) at the ASTM D13 Smart Textiles Workshop at the Sheraton Denver Downtown Hotel, Denver, Colorado. For additional information, including call-in information, contact Jacqueline Campbell at jcampbell@cpsc.gov or 301-987-2024.
On June 6, 2019, Sabrina Keller, CPSC Deputy Director for the Office of Import Surveillance and Yaniri De Leon, CPSC Compliance Investigator, will be participating in the American Apparel and Footwear Association (AAFA) Product Safety and Compliance Seminar. They will be speaking as part of a panel entitled "Safety at the Ports." The seminar will be held at the Fashion Institute of Technology, New York, N.Y. For more details on the event, see https://www.aafaglobal.org/AAFA/Events/Event_Display.aspx?EventKey=PSE2019. For additional information, contact Sabrina Keller at 301-504-7697 or skeller@cpsc.gov.
On June 19, 2019, Allyson Tenney, CPSC Directorate for Laboratory Sciences, will be attending ASTM International F08.22-Camping Softgoods and Tent Flammability Task Group Meeting at the Hyatt Regency at Colorado Convention Center, Denver, Colorado. For more information contact Allyson Tenney at atenney@cpsc.gov or 301-987-2769 or ASTM International at www.astm.org.
On June 19-21, 2019, Jacqueline Campbell, CPSC Directorate for Engineering Sciences, and Allyson Tenney, CPSC Directorate for Laboratory Sciences, will be attending the WEAR Conference 2019 June 19-21, 2019, from 8:00am to 5:00pm each day, at the Westin Bellevue in Seattle, Washington. For additional information contact Jacqueline Campbell at jcampbell@cpsc.gov or 301-987-2024.
DoD Contracts for Sewn Products and Footwear Awarded
Rocky Brands Inc., Nelsonville, Ohio, has been awarded a maximum $9,019,834 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for boots. This was a competitive acquisition with two responses received. This is a one-year base contract with two one-year option periods. Location of performance is Puerto Rico, with a May 20, 2020, performance completion date. Using customer is Navy. Type of appropriation is fiscal 2019 through 2020 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-19-D-1150).
Federal Business Opportunities through May 22, 2019
------------------------------------------------------- Title: FLAG,INDIVIDUAL Sol. #: SPE1C119T1582 Agency: Defense Logistics Agency ------------------------------------------------------- Title: FLAG,INDIVIDUAL Sol. #: SPE1C119T1569 Agency: Defense Logistics Agency ------------------------------------------------------- Title: BAG,PERSONAL EFFECT Sol. #: SPE1C119Q0157 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Plate Carriers Sol. #: FA483019Q0016 Agency: Department of the Air Force ------------------------------------------------------- Title: TENT, TEMPER AIR SUPPO Sol. #: SPE1C119T1740 Agency: Defense Logistics Agency ------------------------------------------------------- Title: INSIGNIA,RANK,OFFIC Sol. #: SPE1C119Q0185 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Insole force sensors Sol. #: W911QYAthleticfootwear Agency: Department of the Army ------------------------------------------------------- Title: VISOR,FLYER'S HELME Sol. #: SPE1C119Q0184 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Quick Donning Anti-Exposure Suits Sol. #: FA558719Q1030 Agency: Department of the Air Force ------------------------------------------------------- Title: BUCKLE Sol. #: SPE1C119T1737 Agency: Defense Logistics Agency ------------------------------------------------------- Title: BOOT, FIREMEN'S BLACK, 13" STEEL TOE Sol. #: SPE1C1-19-R-X0X0 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Landau and Fashion Seal Scrubs Sol. #: 36C24619Q0592 Agency: Department of Veterans Affairs ------------------------------------------------------- Title: TENT Sol. #: SPE1C119T1728 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Deployment Gear Sol. #: FA487719Q0280 Agency: Department of the Air Force ------------------------------------------------------- Title: DRIVERS GLOVES Sol. #: W44W9M-19-T-0125 Agency: Department of the Army ------------------------------------------------------- Title: TENT LINER Sol. #: SPE1C119T1719 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Fabric, Woven 100% Polyester for Marine Trunks, Berry Amendment Compliant Sol. #: CT2267-19 Agency: Department of Justice ------------------------------------------------------- Title: Personal Protective Equipment Sol. #: W912HQ19Q0007 Agency: Department of the Army ------------------------------------------------------- Title: Force 1 Face Mask Sol. #: 20107443_02 Agency: Department of Homeland Security ------------------------------------------------------- Title: Vital Torso Protection - Full Rate Production Sol. #: W91CRB-16-R-0010 Agency: Department of the Army ------------------------------------------------------- Title: Belleville 800ST Safety Boots Sol. #: DetrickPoliceKSO0002 Agency: Department of the Army ------------------------------------------------------- Title: Flame Resistant Uniforms for Exposed Staff Sol. #: PR7670477 Agency: Department of State ------------------------------------------------------- Title: Emergency Inflatable Shelter Sol. #: N5046719RCBG827 Agency: Department of the Air Force ------------------------------------------------------- Title: OCP BACKPACKS Sol. #: W9127Q19R0011 Agency: Department of the Army ------------------------------------------------------- Title: Alpine Ski Boot - Touring Sol. #: W912LN-19-Q-0016 Agency: Department of the Army ------------------------------------------------------- Title: Deployment Uniform Clothing & Equipment Sol. #: W912LA19Q6025 Agency: Department of the Army ------------------------------------------------------- Title: TENT, TEMPER AIR SUPPO Sol. #: SPE1C119T1711 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue Sol. #: 7FCI-L3-030084-B Agency: General Services Administration ------------------------------------------------------- Title: T-SHIRT,ATHLETE'S, TAN Sol. #: SPE1C119Q01530001 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Rifleman's Set with Tactical Assault Panel Sol. #: SPE1C1-19-R-TBD1 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Temporary Car Shelters Sol. #: FA489719QA007 Agency: Department of the Air Force ------------------------------------------------------- Title: OCP BACKPACKS Sol. #: W9127Q19R0011 Agency: Department of the Army ------------------------------------------------------- Title: Jacket, Air Force Intermediate Weather Outer Layer, Flame Resistant Sol. #: SPE1C1-19-R-0059 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Body Armor for US Marshals Service Sol. #: 15M10419RA4100001 Agency: Department of Justice ------------------------------------------------------- Title: Cold Weather Gear Sol. #: FA4528-19-Q-WO04 Agency: Department of the Air Force ------------------------------------------------------- Title: Rental of tents, tables and chairs, as well as a stage, and audio visual equipment Sol. #: N0012419Q0218 Agency: Department of the Navy ------------------------------------------------------- Title: Aprons for use in meat and poultry slaughter Sol. #: 123A9419Q0019 Agency: Department of Agriculture ------------------------------------------------------- Title: Parka, APECS, MARPAT, Type II, Class 1-Woodland Sol. #: SPE1C1-19-R-0128 Agency: Defense Logistics Agency ------------------------------------------------------- Title: DRUM MAJOR MACE (STAFF) AND BALDRIC (SASH) Sol. #: M6740019P0050 Agency: Department of the Navy ------------------------------------------------------- Title: CBP Duty Holsters Sol. #: 70B06C19Q00000099 Agency: Department of Homeland Security ------------------------------------------------------- Title: Salomon Boots Sol. #: 15M70119QA3100005 Agency: Department of Justice ------------------------------------------------------- Title: TROUSERS,MEN'S Sol. #: SPE1C119Q0174 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Crye Plate Carriers Sol. #: HAAF175PJL0014_1 Agency: Department of the Army ------------------------------------------------------- Title: BEP Police Uniforms and Equipment Sol. #: 2031ZA19Q00044 Agency: Department of the Treasury ------------------------------------------------------- Title: Physical Fitness Gear Sol. #: REDSMLS0001 Agency: Department of the Army ------------------------------------------------------- Title: FRAME,ASSEMBLY, LME Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: LINER,END SECTION,TEMPER(TEMPERATE) Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: Commercial Item, Quilted Lining for Inmate Jacket/Coat Sol. #: CT2266-19 Agency: Department of Justice ------------------------------------------------------- Title: BAG,TENT FABRIC COM Sol. #: Agency: Defense Logistics Agency -------------------------------------------------------
Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.
Tuesday, May 21, 2019
Proposed Recocation of Ruling Letters Relating to the Classification of Textile Car Covers
Before taking this action, consideration will be given to any written comments timely received bu June 14, 2019.
Of Sausage and Trade Law
The Harmonized Tariff Schedule Chapter 50 provisions relating to impregnated, coated, covered, or laminating textiles are a frequent source of confusion.
On May 2, 2019, in KALLE USA, INC., Plaintiff-Appellant v. UNITED STATES, DefendantAppellee the U.S. Court of Appeals for the Federal Circuit, in a tariff classification case involving imported sausage casings, where Kalle USA, Inc. appealed the Court of International Trade's summary judgment decision classifying the casings as made-up textiles under subheading 6307.90.98 of the Harmonized Tariff Schedule of the United States, arguing that the Trade Court erroneously interpreted the phrase "completely embedded in plastics" as it is used in HTSUS Chapter 59 Note 2(a)(3), and that the casings should be classified as plastics under HTSUS Chapter 39, affirmed the lower court ruling.
USTR Publish China Tariff List 4, Comments Due June 17
On Friday, May 17, 2019, the Office of the United States Trade Representative published in the Federal Register (84 FR 22564) Request for Comments Concerning Proposed Modification of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. This proposed "List 4" of Section 301 Tariffs on China The proposed product list has an approximate annual trade value of $300 billion. It covers nearly all articles not covered by the previous three lists. The additional duty will be up to 25%. The proposed product list excludes pharmaceuticals, certain pharmaceutical inputs, select medical goods, rare earth materials, and critical minerals.
Q. I see tariff numbers on the list from which I was granted an exclusion in one of the earlier rounds. Do I still have an exclusion?
A. You should be okay. The notice states: "Product exclusions granted by the Trade Representative on prior tranches from this investigation will not be affected."
Q. I see a tariff number on this list which was removed from an earlier list. Do I need to petition again to have it removed?
A. Yes. For example, there were 17 tariff lines relating to textiles that were removed from List 3 but which have been added back to List 4. There will be a public comment and hearing process during which you can argue, again, for removal.
What are those 17 articles?
A. See the table below.
1 | 5210.11.40 | Unbleached plain weave fabrics of cotton, <85% cotton, mixed mainly/solely with man-made fibers, wt. <200 g/m2, of number 42 or lower. |
2 | 5210.11.60 | Unbleached plain weave fabrics of cotton, <85% cotton, mixed mainly/solely with man-made fibers, wt. <200 g/m2, of numbers 43-68. |
3 | 5210.19.10 | Unbleached 3- or 4-thread twill fabrics of cotton, incl. cross twill, <85% cotton by weight, mixed mainly/solely with mm fibers, not over 200 g/m2. |
4 | 5308.90.90 | Yarn of other vegetable textile fibers, nesoi. |
5 | 5402.20.60 | Multiple (folded) or cabled high tenacity yarn (except sewing thread) of polyesters, not put up for retail sale. |
6 | 5407.54.00 | Woven fabrics, containing 85 percent or more by weight of textured polyester filaments, printed. |
7 | 5504.10.00 | Artificial staple fibers, not carded, combed or otherwise processed for spinning, of viscose rayon. |
8 | 5513.21.00 | Woven fabrics of polyester staple fibers, <85% polyester staple fibers, mixed mainly/solely with cotton, not over 170 g/m2, plain weave, dyed. |
9 | 5801.31.00 | Uncut weft pile fabrics of man-made fibers, other than fabrics of heading 5802 or 5806. |
10 | 5801.32.00 | Cut corduroy of man-made fibers, other than fabrics of heading 5802 or 5806. |
11 | 5801.33.00 | Weft pile fabrics of man-made fibers, cut, other than fabrics of heading 5802 or 5806, nesoi. |
12 | 5801.36.00 | Chenille fabrics of man-made fibers, other than fabrics of heading 5802 or 5806. |
5903.10.15 | Textile fabric spec in note 9 to sect XI, of man-made fibers, impregnated, coated, covered or laminated w/polyvinyl chloride, over 60% plastics. | |
13 | 6001.22.00 | Knitted or crocheted looped pile fabrics of man-made fibers. |
14 | 6005.35.00 | Wrap knit fabrics of synthetic fibers, specified in subheading note 1 to this chapter excluding headings 6001 to 6004. |
15 | 6005.41.00 | Unbleached or bleached warp knit fabrics (including made on galloon knitting machines) of artificial fiber, other than headings 6001 to 6004. |
16 | 6006.24.90 | Printed knitted or crocheted fabrics of cotton, nesoi. |
17 | 6006.41.00 | Unbleached or bleached knitted or crocheted fabrics of artificial fibers, nesoi. |
When is the deadline to request that these or other articles be removed?
A. Here are the dates:
- June 10, 2019: Due date for filing requests to appear and a summary of expected testimony at the public hearing.
- June 17, 2019: Due date for submission of written comments.
- June 17, 2019: The Section 301 Committee will convene a public hearing in Washington, D.C.
- Seven days after the last day of the public hearing: Due date for submission of post-hearing rebuttal comments.
Q. When will that tariffs go into effect?
A. The date has not been published, but based on past experience, probably mid to late July.
USTR Publishes Draft Forms for Exclusion Requests Relating to China 301 List 3
The draft form, which is now out for comment through June 7, 2019, is available HERE.
USTR has not yet announced the deadline for filing for exclusions from List 3\1\. In the case of List 1 and List 2, there was a three-month window from the announcement of the filing period to the closing. The first two lists resulted in nearly 14,000 requests. For List 3 USTR is anticipating a staggering 60,000 requests will be filed. USTR estimates it will take petitioners on average an hour to file a request, a number that seems low, considering that requests relating to List 1 and List 2 took twice that and required less information from the petitioner than called for in the draft form for List 3.
\1\ Note. (USTR) has ubmitted a request to the Office of Management and Budget (OMB) for emergency review and clearance on or about June 20, 2019, that will be effective for six months from that date, for the exclusion request form.
CPSC Request for Information about Possible Exemptions from Testing and Other Changes to the Standard for the Flammability of Clothing Textiles
Sunday, May 19, 2019
WTO Boeing: The Commission seeks input regarding the EU's economic interests in accordance with Article 9 of Regulation (EU) No 654/2014 of the European Parliament and of the Council
The public consultation will last until 31 May 2019. Four tariff lines relating to cotton are on the list:
- 52010090 cotton, neither carded nor combed (excl. rendered absorbent or bleached),
- 52029100 garnetted stock of cotton,
- 52029900 cotton waste (excl. yarn waste, thread waste and garnetted stock), and
- 52030000 cotton, carded or combed.
Additionally, the list includes textile bandages and luggage and travel goods with a textile exterior.
Saturday, May 18, 2019
Joint Statement by Canada and the United States on Section 232 Duties on Steel and Aluminum
After extensive discussions on trade in steel and aluminum covered by the action taken pursuant to Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. §1862), the United States and Canada have reached an understanding as follows:
1. The United States and Canada agree to eliminate, no later than two days from the issuance of this statement:
a. All tariffs the United States imposed under Section 232 on imports of aluminum and steel products from Canada; and
b. All tariffs Canada imposed in retaliation for the Section 232 action taken by the United States (identified in Customs Notice 18-08 Surtaxes Imposed on Certain Products Originating in the United States, issued by the Canada Border Services Agency on June 29, 2018 and revised on July 11, 2018).
2. he United States and Canada agree to terminate all pending litigation between them in the World Trade Organization regarding the Section 232 action.
3. The United States and Canada will implement effective measures to:
a. Prevent the importation of aluminum and steel that is unfairly subsidized and/or sold at dumped prices; and
b. Prevent the transshipment of aluminum and steel made outside of Canada or the United States to the other country. Canada and the United States will consult together on these measures.
4. The United States and Canada will establish an agreed-upon process for monitoring aluminum and steel trade between them. In monitoring for surges, either country may treat products made with steel that is melted and poured in North America separately from products that are not.
5. In the event that imports of aluminum or steel products surge meaningfully beyond historic volumes of trade over a period of time, with consideration of market share, the importing country may request consultations with the exporting country. After such consultations, the importing party may impose duties of 25 percent for steel and 10 percent for aluminum in respect to the individual product(s) where the surge took place (on the basis of the individual product categories set forth in the attached chart). If the importing party takes such action, the exporting country agrees to retaliate only in the affected sector (i.e., aluminum and aluminum-containing products or steel).
H&M to Phase out Conventional Cashmere
Wednesday, May 15, 2019
CPSC Officials Participating in the American Apparel and Footwear Association (AAFA) Product Safety and Compliance Seminar
On June 6, 2019, Sabrina Keller, Consumer Product Safety Commission Deputy Director for the Office of Import Surveillance and Yaniri De Leon, CPSC Compliance Investigator, will be participating in the American Apparel and Footwear Association (AAFA) Product Safety and Compliance Seminar. They will be speaking as part of a panel entitled “Safety at the Ports.” The seminar will be held at the Fashion Institute of Technology, New York City.
Today is Straw Hat Day
For more information, or to buy quality hats, including hats made in the U.S.A., visit these fine vendors:
- Bollman Hat Company,
- Resistol, and
- Stetson.
Just don't wear your straw hat after September 15th, or you may start a riot.
Federal Business Opportunities through May 15, 2019
------------------------------------------------------- Title: FLAGS Sol. #: 36C10G19Q0093 Agency: Department of Veterans Affairs ------------------------------------------------------- Title: Wooden Hanger CUFF West Point Sol. #: W911SD19R0135 Agency: Department of the Army ------------------------------------------------------- Title: Belleville 800ST Safety Boots Sol. #: DetrickPoliceKSO0002 Agency: Department of the Army ------------------------------------------------------- Title: Fire Retardant Vinyl Tarps - 18oz SKU: FS-VLP18FR Waterproof, UV, Mildew and Fire Resistant (NFPA 701, ASTME-E-84 and approved by California State Fire Marshal) Sol. #: FortPolkJRTCOPSGRPAAJ0001 Agency: Department of the Army ------------------------------------------------------- Title: BADGE,QUALIFICATION Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: Outdoor Clothing Order Sol. #: JBLMSTSJEG0001 Agency: Department of the Army ------------------------------------------------------- Title: Special Notice Plate Carriers Sol. #: FA483019Q0013 Agency: Department of the Air Force ------------------------------------------------------- Title: Crye Plate Carriers Sol. #: HAAF175PJL0014_1 Agency: Department of the Army ------------------------------------------------------- Title: Uniforms & Boots Sol. #: 191NLE19Q0070 Agency: Department of State ------------------------------------------------------- Title: PROTECTIVE EYEWEAR Sol. #: DJF192200PR0004980 Agency: Department of Justice ------------------------------------------------------- Title: Clothing Sol. #: W912LD19P0012 Agency: Department of the Army ------------------------------------------------------- Title: THREAD Sol. #: SPE1C119T0970 Agency: Defense Logistics Agency ------------------------------------------------------- Title: 36P Tan/Green & 45P Tan/Green Flyers Jackets Sol. #: SPE1C1-19-R-TBA Agency: Defense Logistics Agency ------------------------------------------------------- Title: DECON COMPLEX Sol. #: PANRSA-19-P-0000012679 Agency: Department of the Army ------------------------------------------------------- Title: Ceremonial Shelters Sol. #: ANCFO-0009 Agency: Department of the Army ------------------------------------------------------- Title: BAG,TENT FRAME PART Sol. #: SPE1C119T1696 Agency: Defense Logistics Agency ------------------------------------------------------- Title: GLOVES Sol. #: SPMYM2-19-Q-1861 Agency: Defense Logistics Agency ------------------------------------------------------- Title: OCP Cold Weather Gear Sol. #: FA4419-19-Q-0026 Agency: Department of the Air Force ------------------------------------------------------- Title: Temporary Car Shelters Sol. #: FA489719QA007 Agency: Department of the Air Force ------------------------------------------------------- Title: INSIGNIA, DISTINGUISHI Sol. #: SPE1C119U0004 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Next Generation - Integrated Head Protection System Sol. #: W91CRB-NG-IHPS_Pre-Solicitation_Meeting Agency: Department of the Army ------------------------------------------------------- Title: Quick Donning Anti-Exposure Suit Sol. #: F1L11N9087AW01 Agency: Department of the Air Force ------------------------------------------------------- Title: Try-Decide-Buy (TDB) IDIQ RFP Sol. #: FA8606-19-R-0014 Agency: Department of the Air Force ------------------------------------------------------- Title: PIN,TENT, 12" RED Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: Security Forces Plate Carriers Sol. #: W911YP-19-Q-2003 Agency: Department of the Army ------------------------------------------------------- Title: APPAREL LABELS - HEAT TRANSFER Sol. #: CT2261-19 Agency: Department of Justice ------------------------------------------------------- Title: JACKET Sol. #: SPMYM219Q1330 Agency: Defense Logistics Agency ------------------------------------------------------- Title: HOODS & BOOTIES Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: TENT,TEMPER,AIR SUPPOR Sol. #: SPE1C119T1679 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Handcuffs and Cases Sol. #: 19GE5019Q0019 Agency: Department of State ------------------------------------------------------- Title: BAR,SERVICE RIBBON Sol. #: SPE1C119T1657 Agency: Defense Logistics Agency ------------------------------------------------------- Title: CARBON PREPREG Sol. #: SPEFA519T2467 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Uniforms & Boots Sol. #: 191NLE19Q0070 Agency: Department of State ------------------------------------------------------- Title: Cotton Blend Shirting Fabrics Sol. #: 1900102 Agency: Department of the Navy ------------------------------------------------------- Title: INL/Mexico Tactical Equipment Sol. #: 191NLE19Q0028 Agency: Department of State ------------------------------------------------------- Title: Safety Work Shoes Sol. #: W911N219R0014 Agency: Department of the Army ------------------------------------------------------- Title: Flight Helmets Sol. #: 70Z048-19-Q-PCL85300 Agency: Department of Homeland Security ------------------------------------------------------- Title: HIGH TENACITY POLYESTER FIBER Sol. #: 8305-00-926-1584 Agency: Defense Logistics Agency ------------------------------------------------------- Title: LANDAU SCRUBS Sol. #: 36C24619Q0541 Agency: Department of Veterans Affairs ------------------------------------------------------- Title: Otto Fuel Shirts and Trousers Sol. #: SPE1C1-19-R-0079 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Military Shelter Tent Sol. #: FA700019Q028 Agency: Department of the Air Force ------------------------------------------------------- Title: Retention Publicity Items Sol. #: SAMRETPCFY19 Agency: Department of the Army ------------------------------------------------------- Title: CHEMICAL PROTECTIVE GLOVES Sol. #: SPE1C1-19-R-0125 Agency: Defense Logistics Agency ------------------------------------------------------- Title: ARMY COMBAT PANTS FR Sol. #: ARMY-COMBAT-PANTS Agency: Defense Logistics Agency ------------------------------------------------------- Title: Biathlon Team Active Layer Winter Clothing Sol. #: W912LN-19-Q-0012 Agency: Department of the Army ------------------------------------------------------- Title: Biathlon Team Passive Layer Winter Clothing Sol. #: W912LN-19-Q-0011 Agency: Department of the Army ------------------------------------------------------- Title: Tropical Boot Sol. #: M67854-19-R-1538 Agency: Department of the Navy ------------------------------------------------------- Title: Fire Retardant Vinyl Tarps - 18oz SKU: FS-VLP18FR Waterproof, UV, Mildew and Fire Resistant (NFPA 701, ASTME-E-84 and approved by California State Fire Marshal) Sol. #: FortPolkJRTCOPSGRPAAJ0001 Agency: Department of the Army ------------------------------------------------------- Title: Body Armor for US Marshals Service Sol. #: 15M10419RA4100001 Agency: Department of Justice ------------------------------------------------------- Title: NNMC - Just Move It Sol. #: IHS1378872 Agency: Department of Health and Human Services ------------------------------------------------------- Title: Closing Date is Extended. Sol. #: N0018919Q0210 Agency: Department of the Navy ------------------------------------------------------- Title: Rental of tents, tables and chairs, as well as a stage, and audio visual equipment Sol. #: N0012419Q0218 Agency: Department of the Navy ------------------------------------------------------- Title: Insignia Uniform Accessories Sol. #: M3055019SUR4NMN Agency: Department of the Navy ------------------------------------------------------- Title: TYR Gunfighter Belts Sol. #: 10thSFG_FY1912 Agency: Department of the Army ------------------------------------------------------- Title: Honeywell Gloves GL-SKGCG Sol. #: FA3016-19-U-0120 Agency: Department of the Air Force ------------------------------------------------------- Title: 36P Tan/Green & 45P Tan/Green Flyers Jackets Sol. #: SPE1C1-19-R-TBA Agency: Defense Logistics Agency ------------------------------------------------------- Title: Tropical Boot Sol. #: M67854-19-R-1538 Agency: Department of the Navy ------------------------------------------------------- Title: BAG,TENT FRAME PART Sol. #: SPE1C119T1634 Agency: Defense Logistics Agency ------------------------------------------------------- Title: NNMC - Just Move It Sol. #: IHS1378872 Agency: Department of Health and Human Services ------------------------------------------------------- Title: Deployment Gear Sol. #: FA487719Q0280 Agency: Department of the Air Force ------------------------------------------------------- Title: Next Generation - Integrated Head Protection System Sol. #: W91CRB-NG-IHPS_Pre-Solicitation_Meeting Agency: Department of the Army ------------------------------------------------------- Title: TRAINING AID,BATON Sol. #: SPE1C119Q0171 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Outdoor Clothing Order Sol. #: JBLMSTSJEG0001 Agency: Department of the Army ------------------------------------------------------- Title: Body Armor for US Marshals Service Sol. #: 15M10419RA4100001 Agency: Department of Justice ------------------------------------------------------- Title: Fire Retardant Vinyl Tarps - 18oz SKU: FS-VLP18FR Waterproof, UV, Mildew and Fire Resistant (NFPA 701, ASTME-E-84 and approved by California State Fire Marshal) Sol. #: FortPolkJRTCOPSGRPAAJ0001 Agency: Department of the Army ------------------------------------------------------- Title: Ceremonial Shelters Sol. #: ANCFO-0009 Agency: Department of the Army ------------------------------------------------------- Title: Army Green Service Uniform (AGSU) Fabric Sol. #: W911QY-19-AGSU-Fabric Agency: Department of the Army ------------------------------------------------------- Title: The Special Response Vest (SRV) Ergonomically designed for greater maneuverability Sol. #: JRTCOPSGRPOCTAAJ0005 Agency: Department of the Army ------------------------------------------------------- Title: Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue Sol. #: 7FCI-L3-030084-B Agency: General Services Administration ------------------------------------------------------- Title: 50 State Indoor Parade Quality Flag set with 6 Territories Sol. #: 05082019 Agency: Department of the Army ------------------------------------------------------- Title: Rental of tents, tables and chairs, as well as a stage, and audio visual equipment Sol. #: N0012419Q0218 Agency: Department of the Navy ------------------------------------------------------- Title: Try-Decide-Buy (TDB) IDIQ RFP Sol. #: FA8606-19-R-0014 Agency: Department of the Air Force ------------------------------------------------------- Title: DECON COMPLEX Sol. #: PANRSA-19-P-0000012679 Agency: Department of the Army ------------------------------------------------------- Title: Drash Tent Accessories - 77th Sol. #: 11310950 Agency: Department of the Army ------------------------------------------------------- Title: CLOTH,LAMINATED Sol. #: SPE1C119Q0177 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Marine Corps, Stripe, Trousers, Dress Sol. #: SPE1C1-19-R-0112 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Honeywell Gloves GL-SKGCG Sol. #: FA3016-19-U-0120 Agency: Department of the Air Force ------------------------------------------------------- Title: G12 Cargo Parachute Sol. #: W56HZV19R0088 Agency: Department of the Army ------------------------------------------------------- Title: FLAG,NATIONAL Sol. #: SPE1C119Q0145 Agency: Defense Logistics Agency -------------------------------------------------------
Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.
Tuesday, May 14, 2019
The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Thursday, May 30, 2019, in Laredo, Texas
The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Thursday, May 30, 2019, in Laredo, Texas. The meeting will be open to the public to attend either in person or via webinar.
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 Next Generation Facilitation Subcommittee will provide an update on the status of the Emerging Technologies Working Group’s use of blockchain to address challenges faced by both the government and the trade in today’s complex commercial environment. The discussion will highlight the Intellectual Property Rights Blockchain Proof of Concept Project as well as discuss other upcoming projects, including a day-long event that will solicit additional ideas for blockchain concepts that could be tested in the future. Finally, the subcommittee will provide recommendations regarding blockchain proofs of concept.
2. The Secure Trade Lanes Subcommittee will present a summary of the activities of the Trusted Trader Working Group including results of the May 8th and 9th face-to-face meeting with Trusted Trader Pilot participants. The subcommittee will deliver an update on the progress of the In-Bond Working Group’s recommendation for the enhancement of the CBP In-bond program, the development of in-bond regulations, and enhancements to existing in-bond guidelines. The subcommittee will deliver an update on the launch of the new Export Modernization Working Group which will be developing recommendations for CBP’s expansion of current export pilots, regulatory changes that will mandate the use of electronic export manifest, and the expansion of post departure filing to new participants.
3. The Intelligent Enforcement Subcommittee will report on the work that has been conducted by the Intellectual Property Rights, AntiDumping and Countervailing Duty, and Bond Working Groups.
4. The Rapid Response Subcomittee will provide an update on its collaboration with CBP on furthering the strategic approach to the 21st Century Customs Framework.
Thursday, May 9, 2019
IMPORTANT Goods Already on the Water NOT Subject to Increase from 10% to 25% Section 301 Duty
Army Jacket Contract Awarded
Wednesday, May 8, 2019
Proposed Change to a Customs Ruling 12 Years Later Demonstrate the Need to Use a Trade Advisor Who Advocates for the Client, Not Just Filing Forms
In Binding Ruling Letter NY N015943, of September 6, 2007, CBP classified a polyester/rayon woven fabric composed of 46.2% textured filament polyester, 8.8% spun polyester and 45% rayon staple fibers in heading 5407, HTSUS, specifically in subheading 5407.93.2090, HTSUSA, which provides for “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics: Of yarns of different colors: Other: Other.” Rate of duty 12%
CBP has reviewed NY N015943 and has determined the ruling letter to be in error. It is now CBP’s position that the polyester/rayon woven fabric is properly classified, in heading 5516, HTSUS, specifically in subheading 5516.23.00, HTSUS, which provides for “Woven fabrics of artificial staple fibers: Containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments: Of yarns of different colors.” Rate of duty 8.5%
CBP is proposing to revoke NY N015943 and to revoke or modify any other ruling not specifically identified to reflect the latest analysis. CBP is proposing to revoke any treatment previously accorded by CBP to substantially identical transactions. Before taking this action, consideration will be given to any written received by April 19, 2019.
It is well-known in the trade that when a fabric contains more than one fiber, it is classified according the predominate fiber by weight. In this case filament polyester, at 46.2% was the predominate fiber, so CBP classified in 5407 for woven fabric of filament fiber. BUT WAIT, before we consider the 4-digit Heading we need to know we are in the correct 2-digit Chapter. Chapter 54 is for filament, but if you add together the 8.8% spun polyester and the 45% rayon staple, the fabric is chief weight of staple fiber, which puts it in Chapter 55, according to CBP current opinion, which rules out 5407, leaving the only question which classification in Chapter 55 applies. Since the rayon, at 45% is greater than the 8.8 staple polyester, is it classified an artificial staple fiber.
FIRST LESSON? Tariff classification is tricky, and even CBP gets it wrong sometimes. David Trumbull of Agathon Associates is licensed by the U.S. Department of Homeland Security as a Customs Broker competent to determine tariff classifications and duty rates.
SECOND LESSION? It's not enough just to have a licensed broker. You need someone who will advocate for you and seek ways to reduce your import costs. In this case the broker was unsure of the classification and asked customs, got an answer that left his client paying 12% and now, a dozen years later, CBP says "Oops, it should have been 8.5%." Of course they will get the difference back, since it was CPS's error. However, a broker who also acted as a TRADE ADVISOR to the client, as Agathon Associates does, would have suggested the lower classification to CBP in the request for a ruling. It appears that the broker in this case did not, because we do not see, in the original, erroneous ruling, any discussion by CBP of why the broker's suggestion of the lower rate is incorrect, as we would expect to see had the broker made such an argument.
China List 3 Section 301 Tariffs to Go to 25% on Friday, Exclusion Process to Follow
Following the President's tweet over the weekend, and the perception that U.S.-China trade negotiations we breaking down, there has been much press reporting that the China 301 Tariff List 3, article now subject to additional 10% duty, would go to 25% at the end of this week. We now have official confirmation. The Office of the U.S. Trade Representative will publish in tomorrow's Federal Register "Notice of Modification of Section 301 Action: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation," announcing that the rate of additional duty will increase to 25 percent with respect to products covered by the September 2018 action on May 10, 2019.
In the same FR publication, the Trade Representative announced that the Office of the United States Trade Representative (USTR) will establish a process by which interested persons may request that particular products classified within an HTSUS subheading covered by the September 2018 action be excluded from the additional duties. USTR will publish a separate notice describing the product exclusion process, including the procedures for submitting exclusion requests, and an opportunity for interested persons to submit oppositions to a request.
Agathon Associates has confirmed with the Office of the United States Trade Representative that goods already in transit, or shipped in the next few hours and which are currently subject to the 10% Section 301 will remain at 10%. For goods now subject to 10% which are entered entered for consumption on or after midnight tonight AND where shipped to the U.S. on or after midnight tonight the Section 301 tariff will increase to 25%. That's means goods already in transit will not be subject to the increase, even if they arrive after midnight tonight. For confirmation see the text near the bottom of the first column of page 20460 in the May 9th Federal Register (84 FR 20459).
BACKGROUND
In a notice published on September 21, 2018 (83 FR 47974), the Trade Representative, at the direction of the President, announced a determination to modify the action being taken in the investigation by imposing additional duties on products of China with an annual trade value of approximately $200 billion. The rate of additional duty initially was 10 percent. Those additional duties were effective starting on September 24, 2018, and currently are in effect. Under Annex B of the September 21 notice, the rate of additional duty was set to increase to 25 percent on January 1, 2019. In the September 21 notice, the Trade Representative stated that he would continue to consider the actions taken in this investigation, and if further modifications were appropriate, he would take into account the extensive public comments and testimony previously provided in response to the notices published on July 17, 2018 (83 FR 33608) and August 7, 2018 (83 FR 38760).
On September 28, 2018 (83 FR 49153), the Trade Representative issued a conforming amendment and modification of the September 21 notice. The current notice refers to the September 21 notice, as modified by the September 28 notice, as the ‘September 2018 action.’
On December 19, 2018 (83 FR 65198), in accordance with the direction of the President, the Trade Representative determined to modify the September 2018 action by postponing until March 2, 2019, the increase in the rate of additional duty to 25 percent. The Annex to the December 19 notice, which superseded Annex B to the September 21 notice, amended the Harmonized Tariff Schedule of the United States (HTSUS) to reflect this postponement of the increase in the rate of duty applicable to the September 2018 action.
On March 5, 2019 (84 FR 7699), in accordance with the direction of the President, the Trade Representative determined to modify the September 2018 action by postponing until further notice the increase in the rate of additional duty to 25 percent. Annex B of the September 21 notice (83 FR 47974) and the Annex to the December 19 notice (83 FR 65198) were rescinded. In accordance with Annex A of the September 21 notice, the rate of additional duty under the September 2018 action remained at 10 percent until further notice.
The United States is engaging with China with the goal of obtaining the elimination of the acts, policies, and practices covered in the investigation. The leaders of the United States and China met on December 1, 2018, and agreed to hold negotiations on a range of issues, including those covered in this Section 301 investigation. See https://www.whitehouse.gov/briefings-statements/statement-press-secretary-regarding-presidents-working-dinner-china/. Since the meeting on December 1, the United States and China have engaged in additional rounds of negotiation on these issues, including meetings in March, April, and May of 2019. In the most recent negotiations, China has chosen to retreat from specific commitments agreed to in earlier rounds. In light of the lack of progress in discussions with China, the President has directed the Trade Representative to increase the rate of additional duty to 25 percent. Section 301(b) of the Trade Act of 1974, as amended (Trade Act), provides that the Trade Representative “shall take all appropriate and feasible action authorized under [Section 301(c)] to obtain the elimination of [the] act, policy, or practice [under investigation].” Section 307(a)(1) of the Trade Act authorizes the Trade Representative to modify or terminate any action being taken under Section 301, subject to the specific direction, if any, of the President if “the burden or restriction on United States commerce . . . of the acts, policies, and practices, that are the subject of such action has increased or decreased, or such action is being taken under Section [301(b)] of this title and is no longer appropriate.” In light of the lack of progress in the additional rounds of negotiations since March 2019, and at the direction of the President, the Trade Representative has determined that it is appropriate for the rate of additional duty under the September 2018 action to increase to 25 percent on May 10, 2019. The Trade Representative’s decision to modify the September 2018 action takes into account the extensive public comments and testimony, as well as advice from advisory committees, concerning the actions proposed in the notices issued in advance of the September 2018 action (83 FR 33608 and 83 FR 38760). Those notices, among other things, requested comments on whether the rate of additional duties should be 10 percent or 25 percent. The Trade Representative’s decision also reflects the advice of the interagency Section 301 Committee.
Camouflage Trouser Contact Awarded
Federal Business Opportunities through May 8, 2019
------------------------------------------------------- Title: Deployment Gear Sol. #: FA487719Q0280 Agency: Department of the Air Force ------------------------------------------------------- Title: PROTECTIVE EYEWEAR Sol. #: DJF192200PR0004980 Agency: Department of Justice ------------------------------------------------------- Title: Cold Weather Gear Sol. #: FA4528-19-Q-WO04 Agency: Department of the Air Force ------------------------------------------------------- Title: CLOTH,SATIN Sol. #: SPE1C119Q0088 Agency: Defense Logistics Agency ------------------------------------------------------- Title: TARPAULIN Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: Coveralls, Flame Resistant (FR) Sol. #: SPE1C1-19-R-0052 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Cloth, Gabardine: Wool, Polyester/Wool, Type II Class 12, Sky Blue MC Shade 2319, Mothproofed, Sponged Sol. #: SPE1C1-19-R-MC_Sky_Blue_Cloth Agency: Defense Logistics Agency ------------------------------------------------------- Title: CONDUCTIVE RUBBER BOOTS Sol. #: W44W9M-19-T-0118 Agency: Department of the Army ------------------------------------------------------- Title: Enhanced Small Arms Protective Insert (ESAPI) Sol. #: SPE1C1-19-R-0060 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Biathlon Team Race Layer Winter Clothing Sol. #: W912LN-19-Q-0013 Agency: Department of the Army ------------------------------------------------------- Title: Flame Resistant and Short Sleeve Coveralls Sol. #: W911KF-19-Q-0055 Agency: Department of the Army ------------------------------------------------------- Title: WALL ASSEMBLY,PLAIN Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: TENT Sol. #: SPE1C119T1599 Agency: Defense Logistics Agency ------------------------------------------------------- Title: CBP Duty Holsters Sol. #: 70B06C19Q00000099 Agency: Department of Homeland Security ------------------------------------------------------- Title: HOOD,RADIOACTIVE CO Sol. #: SPE1C119Q0008 Agency: Defense Logistics Agency ------------------------------------------------------- Title: INSIGNIA,GRADE,ENLISTED Sol. #: SPE1C119T1512 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Salomon Boots Sol. #: 15M70119QA3100005 Agency: Department of Justice ------------------------------------------------------- Title: Liturgical Textiles Most holy Trinity Church West Point Sol. #: W911SD-19-R-0090 Agency: Department of the Army ------------------------------------------------------- Title: Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue Sol. #: 7FCI-L3-030084-B Agency: General Services Administration ------------------------------------------------------- Title: High Visibility Safety Shirts - Custom Imprinted Sol. #: W912ES19T0052 Agency: Department of the Army ------------------------------------------------------- Title: Tropical Boot Sol. #: M67854-19-R-1538 Agency: Department of the Navy ------------------------------------------------------- Title: Retention Publicity Items Sol. #: SAMRETPCFY19 Agency: Department of the Army ------------------------------------------------------- Title: LANDAU SCRUBS Sol. #: 36C24619Q0541 Agency: Department of Veterans Affairs ------------------------------------------------------- Title: FLAG,ORGANIZATIONAL Sol. #: SPE1C119T1585 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Buttons, Berry Amendment Compliant for ACU Program Sol. #: CT2265-19 Agency: Department of Justice ------------------------------------------------------- Title: INSIGNIA,GRADE,ENLISTE Sol. #: SPE1C119T1581 Agency: Defense Logistics Agency ------------------------------------------------------- Title: FLAG,INDIVIDUAL Sol. #: SPE1C119T1582 Agency: Defense Logistics Agency ------------------------------------------------------- Title: LEATHER,CATTLEHIDE Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: Synopsis Training Baton Sol. #: SPE1C1-19-Q-0171 Agency: Defense Logistics Agency ------------------------------------------------------- Title: T-Shirts for PIDC Sol. #: 192119FAO00000109 Agency: Department of Homeland Security ------------------------------------------------------- Title: Vital Torso Protection - Full Rate Production Sol. #: W91CRB-16-R-0010 Agency: Department of the Army ------------------------------------------------------- Title: NCTRF ResQ Ripstop Fabric NWU Type III with USN Ace Logo Sol. #: N0018919QG078 Agency: Department of the Navy ------------------------------------------------------- Title: Lens, Goggles, Anti-Smoke Sol. #: SPE1C1-19-R-0116 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Notice of Intent to Sole Source Sol. #: W91QF5-19-R-0020 Agency: Department of the Army ------------------------------------------------------- Title: High Visibility Safety Shirts - Custom Imprinted Sol. #: W912ES19T0052 Agency: Department of the Army ------------------------------------------------------- Title: ARCH,TENT FRAME Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: COOKIE G3 FREEFALL HELMET Sol. #: COOKIEG3-FREEFALLHELMETS Agency: Department of the Army ------------------------------------------------------- Title: Concealable Body Armor Sol. #: MCNAIRPMPDDJR0008 Agency: Department of the Army ------------------------------------------------------- Title: Brand Name Justification for Guards Pants Sol. #: PR8223788 Agency: Department of State ------------------------------------------------------- Title: 644 CBCS Combat Uniforms Sol. #: FA524019Q0026 Agency: Department of the Air Force ------------------------------------------------------- Title: Extreme Cold Weather Parkas Sol. #: W913E519R6151 Agency: Department of the Army ------------------------------------------------------- Title: FLAG,INDIVIDUAL Sol. #: SPE1C119T1569 Agency: Defense Logistics Agency ------------------------------------------------------- Title: 18/22 oz Fire Retardant Vinyl Tarps Size 12' x 30' color Tan Part Number SKU: FS-VLP22FR-12-30-Tan,Material: 100% PVC Laminate Polyester Scrim Fabric Weight: 22 oz. Per Square Yard, Thickness: 28, Sol. #: FortPolkJRTCOPSGRPAAJ0001 Agency: Department of the Army ------------------------------------------------------- Title: The Special Response Vest (SRV) Ergonomically designed for greater maneuverability Sol. #: JRTCOPSGRPOCTAAJ0005 Agency: Department of the Army ------------------------------------------------------- Title: CLOTH,IMPREGNATED Sol. #: SPE1C119T0829 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Retention Publicity Items Sol. #: 040112019 Agency: Department of the Army ------------------------------------------------------- Title: Hangers Sol. #: FLWCW19001 Agency: Department of the Army ------------------------------------------------------- Title: Foreign Miltary Sales (FMS) Small Arms Protective Inserts (SAPI) Sol. #: W91CRB-19-R-0038 Agency: Department of the Army ------------------------------------------------------- Title: CBP Duty Holsters Sol. #: 70B06C19Q00000099 Agency: Department of Homeland Security ------------------------------------------------------- Title: FIELD SHOWER,PORTAB Sol. #: SPE1C119Q0155 Agency: Defense Logistics Agency ------------------------------------------------------- Title: OTS Dry Undersuit Sol. #: FA441719Q0073 Agency: Department of the Air Force ------------------------------------------------------- Title: Anti-G Vest, 17/P Sol. #: SPE1C1-19-R-0077 Agency: Defense Logistics Agency ------------------------------------------------------- Title: G12 Cargo Parachute Sol. #: W56HZV19R0088 Agency: Department of the Army ------------------------------------------------------- Title: SNOW CAMOUFLAGE PARKA Sol. #: SPE1C1-19-R-0080 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Reflective Vests -West Point Sol. #: W911Sd19R0123 Agency: Department of the Army ------------------------------------------------------- Title: G-12 Cargo Parachute Sol. #: W56HZV-19-R-0088 Agency: Department of the Army ------------------------------------------------------- Title: Snow Camo Trousers Sol. #: SPE1C119RXXXX Agency: Defense Logistics Agency ------------------------------------------------------- Title: FLOOR,SHELTER Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: P5 Soft Armor Sol. #: FA568219Q7009 Agency: Department of the Air Force ------------------------------------------------------- Title: EMS Multilayer Coat Sol. #: YTCDESSMB0004 Agency: Department of the Army ------------------------------------------------------- Title: Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue Sol. #: 7FCI-L3-030084-B Agency: General Services Administration ------------------------------------------------------- Title: The Special Response Vest (SRV) Ergonomically designed for greater maneuverability Sol. #: JRTCOPSGRPOCTAAJ0005 Agency: Department of the Army ------------------------------------------------------- Title: Anti-Exposure Suits Sol. #: FA441719Q0072 Agency: Department of the Air Force ------------------------------------------------------- Title: Pop-Up Tent Sol. #: JBLMICORPSKPM0001 Agency: Department of the Army ------------------------------------------------------- Title: MANUFACUTRE PROTOTYPE WELDER COVERALLS Sol. #: N0018919QG085 Agency: Department of the Navy ------------------------------------------------------- Title: Live Industry Day 17 May 2019 -- Anniston Army Depot Personal Protective Equipment (PPE) Vending Sol. #: W911KF-19-S-0010 Agency: Department of the Army ------------------------------------------------------- Title: Military Shelter Tent Sol. #: FA700019Q028 Agency: Department of the Air Force ------------------------------------------------------- Title: INSIGNIA, DISTINGUISHI Sol. #: SPE1C119T1562 Agency: Defense Logistics Agency ------------------------------------------------------- Title: Try-Decide-Buy (TDB) IDIQ RFP Sol. #: FA8606-19-R-0014 Agency: Department of the Air Force ------------------------------------------------------- Title: LINING, HELMET, SHOCK ABSORBING 55/P Sol. #: SPE1C119Q0070 Agency: Defense Logistics Agency ------------------------------------------------------- Title: TENT, LINER, INTERMEDIATE, MGPTS Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: TENT LINER Sol. #: Agency: Defense Logistics Agency ------------------------------------------------------- Title: Individual Armor Industry Day Sol. #: M67854-19-I-1577 Agency: Department of the Navy ------------------------------------------------------- Title: Field Shower Portable Sol. #: SPE1C1-19-Q-0155 Agency: Defense Logistics Agency -------------------------------------------------------
Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.
Tuesday, May 7, 2019
NCTO President & CEO Kim Glas to deliver textile policy update
WHO: NCTO President and CEO Kim Glas will outline key textile policies. Cameron Hamrick, President of Hamrick Mills and Chairman of STA’s Southern Division, and Matt Shannon, Plant Manager for Greenwood Mills and First Vice President of STA, will give opening remarks.
WHEN: Wednesday, May 15, 2019, from 8:00 a.m. to 1:00 p.m.
WHERE: The Madren Conference Center at 230 Madren Center Dr., Clemson, S.C.
WHY: Glas will present an update on textile policies in Washington, ranging from the status of the U.S.-Mexico-Canada-Agreement (USMCA) to Section 301 tariffs.
NCTO is a Washington, DC-based trade association that represents domestic textile manufacturers, including artificial and synthetic filament and fiber producers.
- U.S. employment in the textile supply chain was 594,147 in 2018.
- The value of shipments for U.S. textiles and apparel was $76.8 billion in 2018.
- U.S. exports of fiber, textiles and apparel were $30.1 billion in 2018.
- Capital expenditures for textile and apparel production totaled $2.0 billion in 2017, the last year for which data is available.
CONTACT: Kristi Ellis
(202) 684-3091
www.ncto.org
Saturday, May 4, 2019
Navy Parka Contract Awarded
Friday, May 3, 2019
National Industries for the Blind Awarded Army Physical Fitness Uniform Contract
NCTO Announces New VP of Communications and Director of Regulatory & Technical Affairs
The National Council of Textile Organizations (NCTO) has to announced the appointment of Kristi Ellis as the organization’s new Vice President of Communications, effective April 29, 2019, and Donald Vavala as the Director of Regulatory and Technical Affairs, effective May 2019.
As Vice President of Communications at NCTO, Kristi Ellis will assume responsibility for developing, overseeing, and implementing a communications strategy for the association and the domestic textile industry as a whole. Ms. Ellis brings 24 years of manufacturing and international trade reporting experience with leading publications such as Women’s Wear Daily and S&P Global Market Intelligence. The majority of her career, which includes nearly 10 years as Washington Bureau Chief for Women’s Wear Daily, has been spent reporting on textile trade policy matters. Regarding her appointment, Ms. Ellis said, “I am really excited and grateful to have the opportunity to help develop and shape NCTO’s communications strategy as we work to amplify the textile industry’s importance as a thriving and innovative manufacturing sector in the United States.”
As NCTO’s Director of Regulatory and Technical Affairs, Don Vavala will support all association activities related to federal government procurement and industry regulatory matters. In this capacity, Mr. Vavala will staff various NCTO committees covering a broad spectrum of contracting, technical, and environmental issues. Mr. Vavala comes to NCTO following a 31-year career at W.L. Gore, a NCTO member organization, where he most recently held the position of Director, Military Government Affairs. He will succeed Hardy Poole, who announced his resignation from the same position at NCTO, effective May 2019. Regarding his appointment, Mr. Vavala stated, “I am very excited about the opportunity to work with Ms. Glas and the staff at NCTO. The textile industry is a major component of the economic backbone of this great nation and I look forward to applying my 31 years of experience to insuring that the industry continues to thrive and maintain its status as a significant contributor to our country’s growth and prosperity.”
The hiring of Ms. Ellis and Mr. Vavala coincide with the arrival of Kimberly Glas as NCTO’s President & CEO, effective April 29, 2019. In referencing these two new hires, Ms. Glas stated, “I am excited Kristi and Don are joining the NCTO team at this important time. They both have significant experience with the textile industry and a wealth of knowledge specific to their new roles. Most importantly, both have shown a strong commitment to the success of the domestic textile industry. We are very fortunate to have them join the organization in these pivotal leadership roles. NCTO’s membership will be well served by these important staff additions.”
NCTO is a Washington, DC-based trade association that represents domestic textile manufacturers, including artificial and synthetic filament and fiber producers.
- U.S. employment in the textile supply chain was 594,147 in 2018.
- The value of shipments for U.S. textiles and apparel was $76.8 billion in 2018.
- U.S. exports of fiber, textiles and apparel were $30.1 billion in 2018.
- Capital expenditures for textile and apparel production totaled $2.0 billion in 2017, the last year for which data is available.