Wednesday, July 31, 2019

Presidential Memorandum: Reforming Developing-Country Status in the World Trade Organization

On July 31, 2019, President Donald J. Trump published in the Federal Register (84 FR 37555) Reforming Developing-Country Status in the World Trade Organization, stating:

"When the wealthiest economies claim developing-country status, they harm not only other developed economies but also economies that truly require special and differential treatment. Such disregard for adherence to WTO rules, including the likely disregard of any future rules, cannot continue to go unchecked.

China most dramatically illustrates the point. Since joining the WTO in 2001, China has continued to insist that it is a developing country and thus has the right to avail itself of flexibilities under any new WTO rules. The United States has never accepted China’s claim to developing-country status, and virtually every current economic indicator belies China’s claim. After years of explosive growth, China has the second largest Gross Domestic Product in the world, behind only the United States. China accounts for nearly 13 percent of total global exports of goods, while its global share of such exports jumped five-fold between 1995 and 2017. It has been the largest global exporter of goods each year since 2009. Further, China’s preeminent status in exports is not limited to goods from low-wage manufacturing sectors. China currently ranks first in the world for exports of hightechnology products, with such exports alone increasing by 3,800 percent between 1995 and 2016.

Some "developing" countries, such as Bangladesh, Cambodia, China, and India are major exporters of textiles and apparel.

Developing country status in the WTO brings certain rights. There are for example provisions in some WTO Agreements which provide developing countries with longer transition periods before they are required to fully implement the agreement and developing countries can receive technical assistance. About two thirds of the WTO’s around 164 members are developing countries.

Some measures concerning developing countries in the WTO agreements include:

  • extra time for developing countries to fulfil their commitments (in many of the WTO agreements)
  • provisions designed to increase developing countries’ trading opportunities through greater market access (e.g. in textiles, services, technical barriers to trade)
  • provisions requiring WTO members to safeguard the interests of developing countries when adopting some domestic or international measures (e.g. in anti-dumping, safeguards, technical barriers to trade)
  • provisions for various means of helping developing countries (e.g. to deal with commitments on animal and plant health standards, technical standards, and in strengthening their domestic telecommunications sectors).

There are no WTO definitions of “developed” or “developing” countries. Developing countries in the WTO are designated on the basis of self-selection.

Andrew Lock and other CPSC staff are Hosting a Working Group Meeting to discuss Upholstered Furniture Flammability Issues

On August 8, 2019, Andrew Lock and other Consumer Product Safety Commission staff are hosting a working group meeting to discuss Upholstered Furniture Flammability issues. The meeting will have two sessions. One session will discuss (A) Information, Education, and Labeling topics; and the other session will discuss (B) new technologies and possible options to reduce fire hazards. The meeting will be held at the National Product Testing and Evaluation Center (NPTEC), 5 Research Pl., Rockville, Maryland.

London Bridge Recalls Sock and Wrist Rattle Sets Due to Choking Hazard

Description: This recall involves a set of matching baby socks and wristband which contain a small rattle sewn inside the wristband and the toe of each sock. The sets were sold in various colors and styles, including strawberry, ladybug, animals and sports themes. The product is labeled for ages 0-6 months. The hang tag on the product has the London Bridge name and logo and ‘Baby Wrist Rattle and Rattle Sock Set 0-6 months.’ The back of the hang tag includes fiber content and care information, Batch #608315, Date code October 2018 and the Item # (LB5000, LB5001, LB5002, LB5003, LB5004, LB5005, LB5006 or LB5007).

Remedy: Consumers should immediately stop using the sock and rattle sets, take them away from children and return them to the store where it was purchased or contact London Bridge to receive a full refund.

Incidents/Injuries: London Bridge has received one report of the stuffed rattle portions detaching. No injuries have been reported.

Sold At: Independent boutique stores nationwide from January 2019 through May 2019 for about $7.

Importer(s): Maison Chic, of Atlanta, Ga.

Manufactured In China

Recall number: 19-178

Monday, July 29, 2019

USTR Robert Lighthizer Statement on the President’s Memorandum on Reforming Developing-Country Status in the WTO

On July 26, 2019, U.S. Trade Representative Robert Lighthizer released the following statement on President Trump’s directive regarding the use of special and differential treatment at the World Trade Organization (WTO):

“For far too long, wealthy countries have abused the WTO by exempting themselves from its rules through the use of special and differential treatment. This unfairness disadvantages Americans who play by the rules, undermines negotiations at the WTO, and creates an unlevel playing field. I applaud the President’s leadership in demanding fairness and accountability at the WTO, and I look forward to implementing the President’s directive.”

Some "developing" countries, such as Bangladesh, Cambodia, China, and India are major exporters of textiles and apparel.

Developing country status in the WTO brings certain rights. There are for example provisions in some WTO Agreements which provide developing countries with longer transition periods before they are required to fully implement the agreement and developing countries can receive technical assistance. About two thirds of the WTO’s around 164 members are developing countries.

Some measures concerning developing countries in the WTO agreements include:

  • extra time for developing countries to fulfil their commitments (in many of the WTO agreements)
  • provisions designed to increase developing countries’ trading opportunities through greater market access (e.g. in textiles, services, technical barriers to trade)
  • provisions requiring WTO members to safeguard the interests of developing countries when adopting some domestic or international measures (e.g. in anti-dumping, safeguards, technical barriers to trade)
  • provisions for various means of helping developing countries (e.g. to deal with commitments on animal and plant health standards, technical standards, and in strengthening their domestic telecommunications sectors).

There are no WTO definitions of “developed” or “developing” countries. Developing countries in the WTO are designated on the basis of self-selection.

Sunday, July 28, 2019

China 301 Exclusions Requests Update

The following summary information was retrieved from the USTR public docket at Noon on July 28.

Petitioner HTSUS Description Comments Due
Eastern Silk Mills, Inc. 5007200065 Silk greige fabric, 50 < to 55 in. width 15-Jul-19
Eastern Silk Mills, Inc. 5007200085 Silk greige fabric, 42-50 inches width 15-Jul-19
Diversitex Inc. 5210291000 65/35 poly cotton twill 23-Jul-19
Muenstone LLC 5309110090 Woven Linen 15-Jul-19
New Thinking Fashion USA Inc 5309214010 Woven 100% Linen fabric 23-Jul-19
New Thinking Fashion USA Inc 5309294010 woven fabric of Flax for apparel use. 23-Jul-19
American Bag Corporation 5402203010 500d PET AB Flat Yarn 17-Jul-19
Phifer Incorporated 5402203010 polyester yarn 22-Jul-19
American Bag Corporation 5402203030 500d PET AB Twisted Yarn 17-Jul-19
Milliken & Company 5402203050 PET HT 1000 Denier Yarn 17-Jul-19
Lift-All Co. Inc. 5402203070 High tenacity yarn of polyesters 28-Jul-19
Fluvitex USA Inc 5407100010 Range of Tilkort Comforters 23-Jul-19
American Scientific. LLC 5407301000 FABRIC, 100% NYLON, 6X6", PK/8 5-Aug-19
Altex Corp. 5407522040 F 433B1 FINISHED + HOT SLIT + FR 4%; 24-Jul-19
Best Chairs Inc. d/b/a Best Home Furnishings 5407922050 MDS upholstery fabric w/hot caustic soda 1-Aug-19
Best Chairs Inc. d/b/a Best Home Furnishings 5407922090 MDS upholstery fabric w/hot caustic soda 1-Aug-19
Best Chairs Inc. d/b/a Best Home Furnishings 5407932050 MDS upholstery fabric w/hot caustic soda 1-Aug-19
Nation Design Partners LLC 5408229060 Rayon Nylon Spandex Woven Fabric 23-Jul-19
Fluvitex USA Inc 5513110040 Range of Grusblad Comforter 23-Jul-19
Best Chairs Inc. d/b/a Best Home Furnishings 5515120090 MDS upholstery fabric w/hot caustic soda 1-Aug-19
Fluvitex USA Inc 5516440022 Range of Rodtoppa Comforters 23-Jul-19
CP Shades Inc. 5516910010 Woven Velvet fabrics 6-Aug-19
U.S. Nonwovens Corp. 5603920090 Nonwovens weighing more than 25 g/m... 16-Jul-19
Everest Group USA 5609004000 Elastic bungee cords 30-Jul-19
INTERNATIONAL HOME DECOR LLC 5702422080 Carpet , Power Loom M/M , TEXT MAT 29-Jul-19
Avanti Linens, Inc. 5703308030 Man-Made Machine Tufted Rugs. 15-Jul-19
Kentex Corporation 5703308030 Chenille Tufted Bathmat 1-Aug-19
Kentex Corporation 5704900190 Needle Punch Carpet 2-Aug-19
MindsInSync Inc. 5705002030 Memory Foam Bath Mat with Griptex Base. 26-Jul-19
Kentex Corporation 5705002030 Memory Foam Bathmat 1-Aug-19
Nipkow and Kobelt Inc 5810929080 embroidery work on textile piece goods. 31-Jul-19
The Michaels Companies 5901904000 Artist Canvas 15-Jul-19
MPR CORPORATION DBA FABRIC SERVICES 5903102090 PVC LAMINATED POLYESTER FABRIC 6-Aug-19
MPR CORPORATION DBA FABRIC SERVICES 5903202500 POLYURETHANE COATED TEXTILES 26-Jul-19
Best Chairs Inc. d/b/a Best Home Furnishings 5903202500 MDS upholstery fabric w/hot caustic soda 29-Jul-19
Budge Industries, LLC 5903202500 Polyester Fabric w/ Neverwet Technology 2-Aug-19
MITCHELL FABRICS dba THE MITCHELL GROUP 5903902500 SK SILICONE COATED FABRIC 14-Jul-19
Phifer Incorporated 5903902500 Sheerweave® 16-Jul-19
Best Chairs Inc. d/b/a Best Home Furnishings 6001920010 MDS upholstery fabric w/hot caustic soda 1-Aug-19
Best Chairs Inc. d/b/a Best Home Furnishings 6001920020 MDS upholstery fabric w/hot caustic soda 1-Aug-19
Best Chairs Inc. d/b/a Best Home Furnishings 6001920030 MDS upholstery fabric w/hot caustic soda 1-Aug-19
Michael M Cain dba Natures Fabrics 6003406000 Bamboo rayon textiles 26-Jul-19
Michael M Cain dba Natures Fabrics 6003406000 hemp textiles 26-Jul-19
Best Chairs Inc. d/b/a Best Home Furnishings 6005370080 MDS upholstery fabric w/hot caustic soda 1-Aug-19
Best Chairs Inc. d/b/a Best Home Furnishings 6005390080 MDS upholstery fabric w/hot caustic soda 1-Aug-19

Update on China 301 Tariff Exclusion Requests

Frequently Asked Questions about the Exclusion Process from Section 301 Tariffs on China.

Q. How do I file for an exclusion?

A. First we need to know which of the three lists of China 301 tariffs your product is on.

Q. How can I find out which list I am on?

A. List 1 went into effect July 9, 2018, with a 301 tariff (in addition to regular tariffs) of 25%. If your imported article is on List 1, your import documentation will show the classification 9903.88.01, in addition to the regular classification number.

List 2 went into effect August 23, 2018, with a 301 tariff (in addition to regular tariffs) of 25%. If your imported article is on List 2, your import documentation will show the classification 9903.88.02, in addition to the regular classification number.

List 3 went into effect September 24, 2018, with a 301 tariff (in addition to regular tariffs) of 10%, which increased to 25% on June 15, 2019. If your imported article is on List 2, your import documentation will show the classification 9903.88.03, in addition to the regular classification number.

No exclusion request are being accepted for List 1 or List 2. The deadline for List 1 was last October, the deadline for List 2 was last December.

Note that if you missed the deadline to file for an exclusion from List 1 or 2, but someone else filed, and was granted, an exclusion for the same product, you can take advantage of that exclusion. Exclusions are specific to the article, not the importer.

If you are on List 3, the window for applying for exclusions opened on June 30, 2019, and will close September 30, 2019.

Q. What is the status of requests relating to List 1 or List 2?

A. Requests are processed through stages:

Stage 1 – Public Comment Period.

Stage 2 – Initial Substantive Review. Initial Substantive Review of whether the exclusion request should be granted. Requests that pass the Substantive Review will proceed to Stage 3.

Stage 3 – Administrability Review. Based on consultations with U.S. Customs and Border Protection (CBP), the request is further reviewed to determine whether an exclusion would be administrable. Requests that pass the administrability review may be granted.

Late in the day of Friday of each week, USTR updates spreadsheets that track the status of the requests, the most recent update was July 26.

List 1. Total filed = 10,826. Granted = 2,813. Denied = 6,625. There are 1,388 pending, all in Stage 3.

List 2. Total filed = 2,920. Granted (Stage 4) = 292. Denied = 1,320. Stage 3 = 1307. Stage 2 = 1.

List 3. Total filed = 1093, all in Stage 1 or Stage 2. The deadline for filing is September 30, 2019.

Q. What is the timing of exclusions?

If the government determines to grant you an exclusion, it will be published in Federal Register. Those lists of exclusions granted have been coming out about once a month, but that frequency could change. An exclusion will be RETROACTIVE to the date the tariff went into effect and will stay in effect for ONE YEAR from the date of the Federal Register publication of the exclusion.

Q. Why have so few List 3 request been filed?

Drafting an effective exclusion request can be time consuming. You must understand that government proposed this article for the China tariff, accepted public comment, held public hearings, and studied the comments and hearing transcripts and determined to put an article on the list. In an exclusion request you are asking the government to consider excluding some very specific subset of the articles in that tariff classification.

Also, the exclusion request form for List 3 is more detailed and requests more information than did the forms for Lists 1 and 2. Here at Agathon Associates we are studying the new exclusion request form as well as studying the results of requests filed relating to Lists 1 and 2 in order to better understand how the government is treating request and what arguments have been the most successful. Our advice at this time to clients is to wait, assemble your arguments, and file a strong petition later, rather than an imperfect one now. There is no benefit to filing early.

Q. What if I was denied an exclusion or my product is not a good candidate for an exclusion?

A. We may still be able to help you. If you subsequently re-export (whether in the same condition or advanced in condition) articles on which you paid 301 tariffs you may be able to avoid those tariffs using Foreign-Trade Zone procedures, or recover the money with duty drawback. FTZ procedures may also partially mitigate 301 tariffs on products that ultimately enter U.S. commerce.

One of the services of Agathon Associates is assistance in determining the tariff classification of goods. In some cases incorrect tariff classification may have resulted in you paying 301 tariffs on goods not actually covered by the action. Agathon Associates principal David Trumbull is licensed by the U.S. Department of Homeland Security as a Customs Broker and can assist in determine correct tariff classification. If the conclusion is that you product is subject to List 3 tariffs, we can also assist in drafting and filing an exclusion request. Of, if that is not an option, we can evaluate whether you are a candidate for duty drawback and Foreign-Trade Zone procedures. For more information email David Trumbull at david@agathonassociates.com.

Saturday, July 27, 2019

USTR Robert Lighthizer Statement on the President’s Memorandum on Reforming Developing-Country Status in the WTO

On July 26, 2019, .S. Trade Representative Robert Lighthizer today released the following statement on President Trump’s directive regarding the use of special and differential treatment at the World Trade Organization (WTO):

“For far too long, wealthy countries have abused the WTO by exempting themselves from its rules through the use of special and differential treatment. This unfairness disadvantages Americans who play by the rules, undermines negotiations at the WTO, and creates an unlevel playing field. I applaud the President’s leadership in demanding fairness and accountability at the WTO, and I look forward to implementing the President’s directive.”

International Trade Commission Hearing in Polyester Textured Yarn From China and India Case

On July 29, 2019, the U.S. Department of Commerce published in the Federal Register (84 FR 36619) Polyester Textured Yarn From China and India; Scheduling of the Final Phase of Countervailing Duty and AntiDumping Duty Investigations.

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-612-613 and 731-TA-1429-1430 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of polyester textured yarn from China and India, provided for in subheadings 5402.33.30 and 5402.33.60 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (``Commerce'') to be subsidized and sold at less-than-fair-value.

The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on November 13, 2019, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before November 7, 2019. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on November 8, 2019, at the U.S. International Trade Commission Building, if deemed necessary.

Friday, July 26, 2019

H&M Recalls Children’s Pajamas Due to Violation of Federal Flammability Standard

This recall involves two styles of children’s 100 percent cotton knit, long-sleeve top and pant pajama sets. The pajamas were sold in sizes 2 through 10.

The first style was sold as a set of two pajamas. The recalled tops from this set include: a pink long-sleeve top with a dog’s face screen-printed onto the front, and two extended 3D fabricated ears. The gray long-sleeve top includes a pink bow trim located at the neckline, a pink heart screen-printed on the left chest and is paired with long pants (pink and polka dot print.) Both the top with the dog’s face and the gray top with the pink bow are being recalled. The product code for this pajama set is 0494860.

The second style was sold as a single set. The recalled top is a white long-sleeve top with a cat’s face screen-printed on the front with two extended 3D fabricated ears, paired with long white polka dot pants. Only the top is included in this recall. The product code for this pajama set is 0537645.

The seven-digit product (P/N) number is located on the wash care label inside the garment.

Remedy: Consumers should immediately stop using the recalled pajama tops and contact H&M for a full refund, plus a $20 gift card.

Incidents/Injuries: None Reported

Sold At: H&M stores nationwide and online at www.hm.com from July 2018 to May 2019 for between $14.99 and $24.99.

Importer(s): H&M Hennes & Mauritz L.P., of New York, N.Y.

Manufactured In: Bangladesh

Recall number: 19-176

Thursday, July 25, 2019

ITC Reports on Proposed Modifications to KORUS Rules for Cotton Yarn, Rayon Fabric, and Cashmere Yarn

On July 24, 2019, the U.S. International Trade Commission released its finding that proposed modifications to the U.S.-Korea FTA apparel rules of origin relating to certain cotton yarn, certain woven fabric of rayon, and certain cashmere yarns would likely have a negligible effect on U.S. Imports and Exports. However, USITC noted that two domestic U.S. textile manufacturers, American Woolen Company and Parkdales Mills, filed objections

With respect to the effect of the proposed modification on U.S. production of cotton yarns with viscose rayon staple fibers, the Commission received one objection from a U.S. firm, Parkdale Mills (Parkdale), which indicated that the modification could have an adverse effect on their operations. In opposing the proposed modification, Parkdale stated that it “produces enough of this product line to sustain one of our facilities year round.” Parkdale further stated that giving Korean producers duty-free access to the U.S. market for cotton yarns with viscose rayon staple fibers by way of the proposed ROO modification would erode the benefits afforded to Parkdale by the miscellaneous tariff bill (MTB) process. In addition to Parkdale, there are a number of other firms producing cotton yarns in the United States. Any of these companies could potentially blend viscose rayon staple fibers with cotton to produce the yarns covered by the proposed modification. According to industry sources, there are at least two other firms that currently do blend viscose rayon fibers with cotton in their yarns. However, only Parkdale provided a written submission objecting to the modification.

The Commission did not receive any comments on the proposed modification to the KORUS ROOs for HTS headings 6110 and 6117 from U.S. producers of knit tops, knit clothing accessories, and parts of knit garments of cashmere yarn. It did receive an objection, however, from a U.S. firm that produces cashmere yarn. American Woolen Company (American Woolen), a Connecticut-based textile mill that currently produces cashmere yarns and sells to outside companies that make knit garments and accessories, indicated that the modification could have an adverse effect on their operations. It stated that the firm is actively trying to expand its business, and would therefore be harmed should the KORUS ROOs be modified as proposed. American Woolen states, “American Woolen is manufacturing cashmere yarns today and is capable of supplying cashmere yarns of heading 5108 in commercial quantities in a timely manner.” Based on available information, American Woolen is the sole representative of the U.S. cashmere yarn industry as the only known firm in the United States that imports raw cashmere fiber and processes it into finished yarn.

Proposed modifications to the United States-Korea Free Trade Agreement (KORUS) rules of origin are likely to have a negligible effect on U.S. imports and U.S. exports, but they could impact the U.S. industry that produces some of the affected articles, reports the United States International Trade Commission (USITC) in its publication U.S.-Korea FTA: Advice on Modifications to Certain Textile and Apparel Rules of Origin.

The USITC, an independent, nonpartisan, factfinding federal agency, produced the report at the request of the U.S. Trade Representative (USTR).

As requested, the report provides advice on the probable economic effect of the proposed modifications to the U.S.-Korea FTA rules of origin on U.S. trade under the agreement, on total U.S. trade, and on domestic production of the affected articles. The proposed modifications, detailed in the USTR's request letter, cover the following of headings of the Harmonized Tariff Schedule of the United States (HTS):

  • Certain cotton yarns (under HTS heading 5206) with viscose rayon staple fibers (under HTS subheadings 5504.10 or 5507.00);

  • Certain woven fabrics (under HTS heading 5408) with cuprammonium rayon yarns (under HTS subheading 5403.39); and

  • Certain apparel (under HTS heading 6110), accessories, and apparel parts (under HTS heading 6117) of cashmere yarns (under HTS heading 5108).

Each of the proposed modifications to the rules of origin would liberalize the current rules of origin by allowing the use of more non-originating materials. However, because U.S. imports from Korea are a small portion of total U.S imports of the affected articles, and because Korea is not a major producer of the affected articles, the likely effect of the proposed modifications on imports under KORUS and on total U.S. imports of these products is negligible.

Request for Comments on Operation of the Caribbean Basin Initiative

On July 25, 2019, the Office of the U.S. Trade Representative published in the Federal Register (84 FR 35920) Request for Comments on Operation of the Caribbean Basin Initiative.

The U.S. Trade Representative has to submit a report to Congress regarding the operation of the Caribbean Basin Initiative (CBI) by December 31, 2019. The Trade Policy Staff Committee (TPSC) invites comments concerning the operation of the CBI, including the performance of each beneficiary country, to assist in preparing the report to Congress on the operation of the CBI program.

The TPSC must receive your written comments by August 30, 2019.

Together, the Caribbean Basin Economic Recovery Act (CBERA), as amended by the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 2701 et seq.) -- which created a special trade preference for apparel articles -- are commonly referred to as the Caribbean Basin Initiative, or CBI. Section 212(f)(1) of CBERA (19 U.S.C. 2702(f)(1)) requires the U.S. Trade Representative to report on the performance of each CBERA or CBTPA beneficiary country. Barbados, Belize, Curacao, Guyana, Haiti, Jamaica, Saint Lucia, and Trinidad and Tobago receive benefits under both CBERA and CBTPA.

Marine Apparel Contract Awarded

Crown Clothing Co., Vineland, New Jersey, has been awarded a maximum $12,386,162 modification (P00009) exercising the first one-year option period of a one-year base contract (SPE1C1-18-D-1079), with four one-year option periods for men's coats and replacement collars. This is a fixed-price contract. Location of performance is New Jersey, with an Aug. 8, 2020, performance completion date. Using military service is Marine Corps. Type of appropriation is fiscal 2019 through 2020 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Wednesday, July 24, 2019

The Boppy Company Recalls Infant Head and Neck Support Accessories Due to Suffocation Hazard

Name of product: Boppy Infant Head and Neck Support Accessories

Hazard: The head support area can be overstuffed and cause the infant’s head to be tilted too far forward, posing a suffocation hazard

Remedy: Refund, consumer should immediately stop using the head support and contact The Boppy Company for a full refund.

Consumer Contact: The Boppy Company toll-free at 888-772-6779 from 9 a.m. to 5 p.m. MT Monday through Friday, email at info@boppy.com or online at www.boppy.com and click on important recall information at the top of the page for more information.

Pictures available here: https://www.cpsc.gov/Recalls/2019/The-Boppy-Company-Recalls-Infant-Head-and-Neck-Support-Accessories-Due-to-Suffocation-Hazard

Units: 14,000

Incidents/Injuries: The firm has received three reports of babies’ heads being pushed forward chin to chest by the product. No injuries have been reported.

Sold At: Target, Buy Buy Baby and other juvenile products and discount furniture stores nationwide and online at Amazon.com from March 2019 through May 2019 for about $20.

Importer(s): The Boppy Company LLC, of Golden, Colo.

Manufactured In China

Textile Filtration FTZ Application Denied Following Domestic Industry Opposition

On July 24, 2019, the Foreign Trade Zone Board published in the Federal Register (84 FR 35592) Production Activity Not Authorized; Foreign-Trade Zone (FTZ) 47—Boone County, Kentucky; BWF America, Inc. (Textile/Felt Filter Bags and other Filter Products for Industrial Use), Hebron, Kentucky.

The application was opposed by domestic U.S. manufacturers Lydall Industrial Filtration, Menardi Filter Elements, Micronics Engineered Filtration Group, and National Filter Media Inc.

The components and materials that BWF sources from abroad include fiberglass thread and rolled felt of polyester, polyphenylene sulfide, aramid, polyimide, PTFE, and acrylic.

Thursday, July 11, 2019

Swaddle Bee Recalls Children’s Security Blankets Due to Choking Hazard

Description: This recall involves Swaddle Bee’s Loviebee security blankets for infants. The blankets were sold in blue/gray, blue/white, pink/gray and pink/white color combinations with optional personalized embroidery. They have a polyester minky fabric on one side and velour on the other side and measure about 16 inches by 16 inches. The blankets have two straps with a metal snap at the end of each strap and the body of the blanket to attach the blanket to a stroller, crib or car seat or wrist. The Swaddle Bee logo is on a sewn-on tag attached to the corner of the blanket.

Remedy: Consumers should immediately stop using the recalled blankets and take them away from children. Consumers should contact Swaddle Bee to receive a full refund. Swaddle Bee is contacting all known purchasers directly.

Incidents/Injuries: Swaddle Bee has received two reports of the blanket's metal snaps detaching. No injuries have been reported.

Sold At: Online at swaddlebee.com and on the Swaddle Bee Instagram account from September 2018 through May 2019 for about $24

Importer(s): Swaddle Bee LLC, of Spring Valley, N.Y.

Manufactured In: China

Recall number: 19-758

Photo at https://www.cpsc.gov/Recalls/2019/Swaddle-Bee-Recalls-Childrens-Security-Blankets-Due-to-Choking-Hazard-Recall-Alert

Wednesday, July 10, 2019

Andrew Lock and other CPSC staff are Hosting a Working Group Meeting to discuss Upholstered Furniture Flammability Issues

On August 8, 2019, Andrew Lock and other Consumer Product Safety Commission staff are hosting a working group meeting to discuss Upholstered Furniture Flammability issues. The meeting will have two sessions. One session will discuss (A) Information, Education, and Labeling topics; and the other session will discuss (B) new technologies and possible options to reduce fire hazards. The meeting will be held at the National Product Testing and Evaluation Center (NPTEC), 5 Research Pl., Rockville, Maryland.

Tuesday, July 9, 2019

Board Re-Opens Comment Period in Textile Grass Catcher FTZ Filing

The Foreign-Trade Zone Board has reopened for comment a filing dating back to September 2016 due to new information. In 2016 MTD Consumer Group, Inc. (MTD), submitted a notification of proposed production activity relating to certain lawn and garden equipment. The application was approved however, after Highland industries opposed, the imported textile components were excluded from inverted tariff relief. In 2018 MTD filed again, was was opposed, as regards the textile components, by the National Council of Textile Organizations. MTD submitted rebuttal comments and the FTZ Board has re-opened the public comment period. Comments are due by August 8, 2019.

For a full history of these filings, comments, and counter comments Agathon Associates' clients can view a full report at http://www.agathonassociates.com/textile-pri/ftz/MTD.htm.

Saturday, July 6, 2019

MTB 2019: Get Out Ahead of the Pack with a Binding Ruling from CBP

What was one of the biggest challenges faced by petitioners in the 2016-2017 Miscellaneous Tariff Bill (MTB) petition process?

It was getting an accurate merchandise classification under the Harmonized Tariff Schedule of the United States (HTSUS).

Merchandise classification is one of the more complicated, but critically important, aspects of submitting a petition for a duty suspension or reduction under the MTB petition process, which is administered by the U.S. International Trade Commission (USITC) in accordance with the American Manufacturing Competitiveness Act of 2016. Almost 700 (28 percent!) of the petitions listed in the Commission’s final 2017 report were not recommended to Congress for inclusion in an MTB — many of these due to issues regarding classification and the ability of U.S. Customs and Border Protection (CBP) to administer the provision.

How can you avoid this problem in the upcoming MTB cycle? By getting an early start.

CBP is responsible for administering the HTSUS. Knowing your merchandise is correctly classified is a vital step in achieving a successful MTB petition filing.

CBP recommends that prospective petitioners research the HTSUS classification of their merchandise and consider requesting a binding ruling from Customs before submitting a request for a duty suspension or reduction.

One of the services of Agathon Associates is assistance in determining the tariff classification of goods. Agathon Associates principal David Trumbull is licensed by the U.S. Department of Homeland Security as a Customs Broker. He can also assist in drafting requests to CBP for Binding Ruling Letters. For more information email David Trumbull at david@agathonassociates.com.

Department of Commerce Seeks Public Input on Online Trafficking in Counterfeit and Pirated Goods

The Department of Commerce is seeking comments from intellectual property rights holders, online third-party marketplaces and other third-party intermediaries, and other private-sector stakeholders on the state of counterfeit and pirated goods trafficking through online third-party marketplaces and recommendations for curbing the trafficking in such counterfeit and pirated goods. All responses to this notice will be shared with interagency teams, and specifically the Department of Homeland Security (DHS), for use in preparing a report for the President as directed by the April 3, 2019 Presidential Memorandum on “Combating Trafficking in Counterfeit and Pirated Goods” (Presidential Memorandum).

Comments must be received by 5:00 PM Eastern time on Monday, July 29, 2019.

ITC Readies Process for MTB

On July 8, 2019, the U.S. International Trade Commission published in the Federal Register (84 FR 32472 Miscellaneous Tariff Bill (MTB) Petition System; Submission of Petition and Comment Forms for OMB Review.

Since 1982, nearly every Congress has passed legislation to temporarily reduce or suspend tariffs on certain imported products and make technical corrections to U.S. tariff laws. Although the official title of the bill varies from year to year, it is usually referred to simply as the Miscellaneous Tariff Bill ("MTB") The duty suspensions and reductions are designed to boost the competitiveness of U.S. manufacturers by lowering the cost of imported inputs without harming domestic firms that produce competing products. In addition, in the case of finished goods, MTBs similarly reduce costs for consumers where there is no domestic production and thus no impact on domestic firms. Overall, the tariff relief contained in MTBs is designed both to be broadly available to any entity that imports and pays duties pursuant to the specified tariff heading and to benefit downstream producers, purchasers, and consumers.

To be included in the MTB, a tariff modification (e.g. duty suspension or reduction) must:

  1. be non-controversial,
  2. cost under $500,000 per year, and
  3. be administrable.

One of the services of Agathon Associates is assistance in determining whether a company can save on import duties through an MTB filings and assistance with drafting and filing the petition. For more information email David Trumbull at david@agathonassociates.com.

Friday, July 5, 2019

Proclamation on Pledge to America’s Workers Month, 2019

Proclamation 9907 of July 1, 2019

This month, we celebrate Pledge to America’s Workers Month. Last year, I signed an Executive Order establishing the President’s National Council for the American Worker. The Council, made up of 14 Federal agencies, is charged with developing a national strategy for training and reskilling workers for high-demand occupations and the industries of the future. The Federal Government, however, cannot do it alone. That is why we also launched the Pledge to America’s Workers, a call-to-action for States and the private sector to create new education and training opportunities to better serve the American worker and encourage private investment in workforce development. As of today, a strong bipartisan majority of our Nation’s Governors and more than 280 companies and associations have signed the Pledge, committing to create nearly 10 million enhanced career and training opportunities for America’s workforce. On this inaugural Pledge to America’s Workers Month, my Administration calls on more States and employers, both large and small, to sign the Pledge to strengthen the economy and ensure one of America’s greatest assets — its workforce — is prepared for the jobs of today and tomorrow.

As President, I have worked to revitalize our country’s economy and usher in a new era of American prosperity. Since taking office, 5.4 million jobs have been added to our Nation’s economy. This year, wage growth hit its fastest pace in a decade, boosting the buying power of American workers. My Administration has unleashed an economic expansion that has brought a record number of Americans back into the labor market. Not only has the national unemployment rate dropped to 3.6 percent, the lowest rate in half a century, but unemployment has reached historic lows among minorities, veterans, and individuals with disabilities. In May, a record 75 percent of people who started that work had been out of the labor force the previous month rather than unemployed. In other words, we are bringing more people off the sidelines and into the labor force than ever before. We are striving for and achieving inclusive growth, so that all Americans, especially those who have been marginalized, can find meaningful work and the training needed to fill vacant jobs.

Our country’s flourishing job market also poses exciting new opportunities. In each of the past 14 months, the United States has had more job openings than job seekers, meaning there remains room for even more Americans to enter the labor force. My Administration stands ready to help American workers gain the skills needed to fill the approximately 7.4 million open jobs. That is why last month, the Department of Labor launched the new Industry-Recognized Apprenticeship pathway, encouraging companies to offer on-the-job training in new, emerging, and high-growth sectors of our economy.

Throughout Pledge to America’s Workers Month, we applaud the States, employers, and associations who have signed the Pledge. And we encourage those that have not yet signed the Pledge to do so and commit to new education and training opportunities over the next 5 years. Together, with the industrious spirit of the American workforce, we will build a more prosperous future for all generations.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 2019 as Pledge to America’s Workers Month.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of July, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.

DONALD J. TRUMP

Wednesday, July 3, 2019

Celebrating the Glorious Fourth of July!

Agathon Associates will close at noon on Wednesday, July 3rd, for commemoration of American Independence Day. Business will resume on the morning of Monday, July 8th. 

The Long Struggle for Independence 
by David Trumbull


The American Revolutionary War began April 19, 1775, a date celebrated as a public holiday—Patriots’ Day—in the Commonwealth of Massachusetts and the State of Maine. The war became a fight for independence with the July 1776 adoption, by the Americans’ Continental Congress, of the Declaration of Independence.

As you celebrate American freedom this Independence Day weekend—culminating in the free concert and fireworks spectacular at the Charles River Esplanade—remember that independence did not come easily. The war took seven years, with major battles as late as 1781. When, on July 18, 1776, two weeks after the signing, the Declaration of Independence finally completed the long trek on the roads of the day from Philadelphia for the first public reading in Boston, in was not at all inevitable that we Americans should win independence from Great Britain. No one had heard of such a thing as a colony throwing off its mother country. And the idea that untrained volunteer farmer/soldiers would defeat the best professional army and navy in the world was nearly inconceivable.

Coming to aid of the American cause were the Kingdom of France, the Dutch Republic, and the Kingdom of Spain. Provisional Articles of Peace were signed at Paris on November 30, 1782. The final Treaty was signed September 3, 1783. It was ratified by Congress on January 14, 1784, and by the King of Great Britain on April 9, 1784. Ratification documents were exchanged in Paris on May 12, 1784.

The American negotiators, John Adams, Benjamin Franklin, and John Jay, secured, from one of the largest and most sophisticated world powers, a treaty which contained not only an unconditional acknowledgment of American independence, but also important provisions establishing the territory of the United States as stretching from Canada to Florida and from the Atlantic to the Mississippi. American commercial interests were protected by a provision for Americans to continue to fish the waters of the Atlantic off Canada.

The Revolution began with noble sentiment—We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. It ended with a legal agreement over boundaries and fishing rights. Such is the unchanging course of human events. Noble sentiments are good, even necessary, but they have to be backed up by practical texts. So, having ended the war with the Treaty of Paris in 1783, the next big step for the young nation, in 1787, was to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty—by drafting and adopting our Constitution.

CPSC Staff Hosting August 8 Working Group Meeting to Discuss Upholstered Furniture Flammability Issues

Andrew Lock and other Consumer Product Safety Commission staff are hosting a working group meeting to discuss Upholstered Furniture Flammability issues. The meeting will have two sessions. One session will discuss (A) Information, Education, and Labeling topics; and the other session will discuss (B) new technologies and possible options to reduce fire hazards. The meeting will be held at the National Product Testing and Evaluation Center (NPTEC), 5 Research Pl., Rockville, MD; August 8, 2019, from 9:00 a.m. to 11:30 a.m. (Session A) and 1:30 pm to 4:00 pm (Session B). To register for this meeting as an observer or to request additional information, e-mail LSEMeetings@cpsc.gov. Andrew Lock may also be contacted at alock@cpsc.gov or 301-987-2099). (S)

Navy Parka Contract Awarded

Valley Apparel, LLC, Knoxville, Tennessee, has been awarded a maximum $10,794,000 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for Navy working uniform parkas. 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 Tennessee, with a July 1, 2020 performance completion date. Using military service 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-1172).

Tuesday, July 2, 2019

American Woolen Company Signs Deal to Provide fabric for ‘Army Greens’

"The contract marks a high-profile win for American Woolen, which has sought to burnish its image as a premier textile business with an emphasis on high-quality, U.S.-made products. The company supplies worsted and woolen fabrics to customers such as J. Crew, and since 2016 has branched out into more exotic materials, including camelhair and cashmere," reports the Stafford Journal Inquirer.