Monday, October 31, 2022

CPSC Staff to Participate in November 15-16 AATCC Meetings

November 15-16, 2022, Paige Witzen, Consumer Product Safety Commission Directorate for Laboratory Sciences, and other CPSC Staff, will participate in the AATCC Fall Committee Meetings. For additional information, including call-in information, contact Paige Witzen, pwitzen@cpsc.gov. Tr

IPR Center, MLB warn Astros, Phillies fans of fake merchandise, tickets during 2022 World Series

As the 2022 World Series presented by Capital One gets underway this week, fans are heading to Houston and Philadelphia to support their teams and purchase officially licensed gear and memorabilia. With high demand for merchandise during the Series, the National Intellectual Property Rights Coordination Center (IPR Center), Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP), join MLB in cautioning fans to be on the lookout for counterfeiters attempting to sell unauthorized, knockoff products and tickets.

Federal authorities crack down on the illegal importation and sale of counterfeit sports apparel and entertainment products through Operation Team Player a year-round effort developed by the IPR Center.

Read more HERE

New Orleans Kicks Off Holiday Season with Counterfeit Seizures

U.S. Customs and Border Protection (CBP) officers, working with Homeland Security Investigations (HSI) and the Food and Drug Administration, have begun their seasonal operations targeting intellectual property rights (IPR) violations. The coordinated federal law enforcement operations focus on interrupting counterfeit efforts in the New Orleans metro area during the holiday shopping season. While CBP and its law enforcement partners consistently target counterfeit goods year-round, the holiday season poses a particular risk, given the increase in shopping during the holidays. Consumers looking for a bargain may unknowingly purchase counterfeit goods.

More information and photos HERE.

Thursday, October 27, 2022

Leader of a Conspiracy to Manufacture, Import, and Sell Counterfeit Military Clothing and Gear Sentenced

A Brooklyn, NY, clothing and goods wholesaler who directed the development, manufacture, and importation of $20 million worth of Chinese-made counterfeit U.S. military uniforms and gear that were passed off as genuine American-made products has been sentenced to forty months in federal prison and ordered to forfeit the $20 million in proceeds that he obtained from the sale of the counterfeit goods.

Read more HERE

Certain Superabsorbent Polymers From the Republic of Korea: Final Determination of Sales at Less Than Fair Value

On Ocotber 27, 2022, International Trade Administration published in the Federal Register (87 FR 65035) [A-580-914] Certain Superabsorbent Polymers From the Republic of Korea: Final Determination of Sales at Less Than Fair Value

Tuesday, October 25, 2022

Biden-⁠Harris Administration Expands Efforts to Hold Nicaraguan Government Accountable

On October 24, 2022, President Biden signed an Executive Order (E.O.) that amends E.O. 13851 (Blocking Property of Certain Persons Contributing to the Situation in Nicaragua) to expand the authorities available to increase targeted pressure on the Ortega-Murillo regime.

The amended E.O. adds new authorities to allow for the imposition of future restrictions on certain trade with Nicaragua to limit the outsized financial benefits of certain trade from flowing to the Ortega-Murillo regime, as warranted. This could potentially include restrictions on both imports into the United States from Nicaragua and exports from the United States to Nicaragua.

Read more HERE.

Norfolk, VA CBP Officers Seize $130k in Counterfeit Goods, Including Infant and Children’s Products

The shipments consisted of mattress covers and infant loungers bearing counterfeit OKEO-TEX product safety labels, mosaic lamps bearing counterfeit UL (Underwriters Laboratories) safety certification marks, and backpacks and clothing bearing Disney and Marvel characters in violation of copyrights recorded with CBP.

More information and photos HERE.

Modernization of the Customs Broker Regulations

On October 18, 2022, U.S. Customs and Border Protection published in the Federal Register (87 FR 63268) Modernization of the Customs Broker Regulations

SUMMARY: This document adopts as final, with changes, proposed amendments to the U.S. Customs and Border Protection (CBP) regulations modernizing the customs broker regulations. CBP is transitioning all customs brokers to a single national permit and expanding the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States. To accomplish this, CBP is eliminating broker districts and district permits, which in turn removes the need for the maintenance of district offices, and district permit waivers. CBP is also updating, among other changes, the responsible supervision and control oversight framework, ensuring that customs business is conducted within the United States, and requiring that a customs broker have direct communication with an importer. These changes are designed to enable customs brokers to meet the challenges of the modern operating environment while maintaining a high level of service in customs business. Further, CBP is increasing fees for the broker license application to recover some of the costs associated with the review of customs broker license applications and the necessary vetting of individuals and business entities (i.e., partnerships, associations, and corporations). Additionally, CBP is announcing the deployment of a new online system, the eCBP Portal, for processing broker submissions and electronic payments. Lastly, CBP is publishing a concurrent final rule document to eliminate all references to customs broker district permit user fees (see ``Elimination of Customs Broker District Permit Fee'' RIN 1515-AE43) to align with the changes made in this final rule document.

DATES: This final rule is effective December 19, 2022.

Elimination of Customs Broker District Permit Fee and Modernization of the Customs Broker Regulations; Final Rules

On October 18, 2022, U.S. Customs and Border Protection published in the Federal Register (87 FR 63262) Elimination of Customs Broker District Permit Fee and Modernization of the Customs Broker Regulations; Final Rules

Proposed Revocation of One Ruling Letter and Proposed Revocation of Treatment Relating to the Tariff Classification of a Woman’s Top .

On October 12, 20222, U.S. Customs and Border Protection Proposed Revocation of One Ruling Letter and Proposed Revocation of Treatment Relating to the Tariff Classification of a Woman’s Top (Vol. 56, No. 40, beginning on Page 42).

In NY N324185, CBP classified a woman’s top in heading 6211,HTSUS, specifically in subheading 6211.42.10, HTSUS, which pro-vides for “Track suits, ski-suits and swimwear; other garments: Othergarments, women’s or girls’: Of cotton: Other.” CBP has reviewed NYN324185 and has determined the ruling letter to be in error. It is nowCBP’s position that the woman’s top is properly classified in heading6206, HTSUS, specifically in subheading 6206.30.30, HTSUS, whichprovides for “Women’s or girls’ blouses, shirts and shirt-blouses: Ofcotton: Other: Other.”

Comments must be received on or before November 11,2022.

Proposed Modification of One Ruling Letter and Proposed Revocation of Treatment Relating to the Tariff Classification of Woven Upholstery Fabrics

On October 12, 20222, U.S. Customs and Border Protection Proposed Modification of One Ruling Letter and Proposed Revocation of Treatment Relating to the Tariff Classification of Woven Upholstery Fabrics (Vol. 56, No. 40, beginning on Page 32).

In NY N319028, CBP classified the woven upholstery fabrics (Style N1829 (Moriarty), Style D1818 (Glossary), and Style J1819 (Fringe)) in heading 5903, HTSUS, specifically in subheading 5903.90.25, HTSUS, which provides for “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Of man-made fibers: Other.” CBP has reviewed NY N319028 and has determined the ruling letter to be in error. It is now CBP’s positionthat woven upholstery fabrics are properly classified, within either heading 5407, HTSUS, or heading 5515, HTSUS, dependent on the specific subject merchandise at-issue. Specifically it is CBP’s position that the first woven upholstery fabric (Style N1829 (Moriarty)) is properly classified within in subheading 5407.53.20, HTSUS, which provides for “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, including 85 percent or more by weight of textured polyester filaments: Of yarns of different colors: Other,” that the second woven upholstery fabric (Style D1818 (Glossary)) is classified within 5407.73.20, HTSUS, which provides for “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, containing 85 percent or more by weight of synthetic filaments: Of yarns of different colors: Other,” and that the third woven upholstery fabric (Style J1819 (Fringe)) is classified within subheading 5515.12.00, HTSUS, which provides for “Other woven fabrics of synthetic staple fibers: Of polyester stable fibers: Mixed mainly or solely with man-made filaments.”

Comments must be received on or before November 11,2022.

At issue is whether the fabrics are Visibly Coated

Request for Comments on China 301

On October 17, 2022, the Office of the U.S. Trade Representative published in the Federal Register (87 FR 62914) [Docket Number USTR-2022-0014] Request for Comments in Four-Year Review of Actions Taken in the Section 301 Investigation: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

SUMMARY: USTR is conducting a four-year review of the July 6, 2018 action, as modified, and the August 23, 2018 action, as modified, in the section 301 investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. As part of the review, USTR is seeking public comments on the effectiveness of the actions in achieving the objectives of the investigation, other actions that could be taken, and the effects of such actions on the United States economy, including consumers.

DATES:

November 15, 2022 at 12:01 a.m. EST: The public docket on the web portal at https://comments.USTR.gov will open for interested persons to submit comments.

January 17, 2023 at 11:59 p.m. EST: To be assured of consideration, submit written comments on the public docket by this date.

Defendant in Conspiracy to Manufacture, Import, and Sell Counterfeit Military Clothing and Gear Sentenced to Federal Prison

On October 20, 2022, Defendant in Conspiracy to Manufacture, Import, and Sell Counterfeit Military Clothing and Gear Sentenced to Federal Prison

Terry Roe, 49, of Burlington, ND, the final defendant to be sentenced in a wide-ranging conspiracy that developed, manufactured, and imported $20 million worth of Chinese-made counterfeit U.S. military uniforms and gear that were passed off as genuine American-made products to the U.S. military was sentenced today to 24 months in federal prison, announced United States Attorney Zachary A. Cunha.

Read more HERE.

Children’s Sleepwear Recalled Due to Violation of Federal Flammability Standards and Burn Hazard; Imported by Jammers Apparel Group; Sold Exclusively at JCPenney

Description: This recall involves Dots & Dreams Dollie & Me-branded children’s nightgowns made of 100% polyester. The short-sleeved nightgowns were sold in rainbow print on a mint-green background and have “Wknd” screen-printed on the front of the garment. They were sold in five sizes (XXS, XS, S, M, L) and were accompanied by a matching doll-size nightgown, screen-printed with “No Glitter No Party.” “Dots & Dreams,” “Made in China,” “CA#29504” and “RN#93166” are printed on the pajama’s neck label.

Remedy: Consumers should immediately take the recalled sleepwear away from children and contact Jammers Apparel Group for a full refund. Consumers who purchased the nightgowns will be asked to destroy the garments by cutting them in half and send the recalling firm a photo of the destroyed garment. Upon receipt of the photo, consumers will be issued a full refund of the purchase price.

Incidents/Injuries: None reported

Sold At: JCPenney stores nationwide and online at www.jcpenney.com from March 2022 through May 2022 for between $20 and $40.

Importer(s): Jammers Apparel Group, of Canada

Manufactured In: China

Recall number: 23-010

More information and photos HERE.

TJX Recalls Baby Blankets Due to Choking, Entrapment and Strangulation Hazards

Description: This recall involves Mittal International chenille weave baby blankets sold in cream, blush, taupe, mint, gray, lavender, ivory, ochre, pale blue, sage and terracotta colors with a “Made in India” hangtag with an elephant design. The blankets have fringe around the edges and measure about 32 inches by 40 inches.

“MITTAL INTERNATIONAL” and one of the following style numbers are printed on a sewn-in label: BSKTCREAM, BSKTCRM, BSKTIVO, BSKTIVRB, BSKTLAV, BSKTMGRY, BSKTMINT, BSKTOCHR, BSKT-OCHRE, BSKTRSMK, BSKT-SAGE, BSKTSPA, BSKTSLVR, BSKTTERRA, MI-B1, MI-B2, MI-B3, MI-B4, MI-BSK-223BL, MI-BSK-223BM, MI-BSK-227M, MI-BSK-237L, MI-BSK-240L, MI-BSK-240M, MI-BLUSH, MIBLUSH, MI-PBLUE, MI-NAT, MI-OCHRE, MIDMINT, MI-DMINT, MIPBLUE, MI-TAUPE, MITAUPE. “MADE IN INDIA” is printed on the bottom sewn-in label.

Remedy: Consumers should immediately stop using the recalled baby blankets and return them to any HomeGoods, Marshalls or T.J. Maxx store for their choice of a full refund or store credit. Alternately, consumers can contact TJX for instructions on how to submit a photo of the recalled blanket, along with their contact information and written confirmation that they will discard the blanket to receive a full refund or a refund in the form of a store gift card.

Incidents/Injuries: None reported in U.S.

Sold At: HomeGoods, T.J. Maxx and Marshalls stores nationwide from September 2021 through July 2022 for between $10 and $13.

Importer(s): The TJX Companies Inc., Framingham, Massachusetts

Manufactured In: India

Recall number: 23-018

More information and photos HERE.

Monday, October 24, 2022

Navy and Army Trouser Contract Awarded

Golden Manufacturing,* Golden, Mississippi, has been awarded a maximum $10,800,320 modification (P00024) exercising the third one-year option period of an 18-month base contract (SPE1C1-19-D-1160) with three one-year option periods for various types of trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is North Carolina, with an Oct. 23, 2023, ordering period end date. Using military services are Navy and Army. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

*Small business

T-Shirt Contract Awarded to National Industries for the Blind

National Industries for the Blind,** Alexandria, Virginia, has been awarded a maximum $9,074,847 modification (P00012) exercising the fourth one-year option period of a one-year base contract (SPE1C1-19-D-B043) with four one-year option periods for moisture wicking t-shirts. This is an indefinite-delivery contract. Locations of performance are North Carolina and Arkansas, with an Oct. 30, 2023, ordering period end date. Using military service is Army. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

**Mandatory source

Navy and Army Trouser Contract Awarded

Golden Manufacturing,* Golden, Mississippi, has been awarded a maximum $10,800,320 modification (P00024) exercising the third one-year option period of an 18-month base contract (SPE1C1-19-D-1160) with three one-year option periods for various types of trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is North Carolina, with an Oct. 23, 2023, ordering period end date. Using military services are Navy and Army. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

*Small business

Wednesday, October 12, 2022

Certain Amorphous Silica Fabric From the People’s Republic of China: Continuation of Antidumping and Countervailing Duty Orders

On October 11, 2022, the International Trade Administration published in the Federal Register (87 FR 61289 [A–570–038, C–570–039] Certain Amorphous Silica Fabric From the People’s Republic of China: Continuation of Antidumping and Countervailing Duty Orders.

USTR Announces Next Steps in Statutory Four-Year Review of China 301 Tariffs

The Office of the United States Trade Representative today announced the next steps in the statutory four-year review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation following requests for continuation from representatives of domestic industries

As explained in a formal notice, USTR is seeking public comments, consistent with the statutory directive, to consider the effectiveness of the actions in achieving the objectives of the investigation, other actions that could be taken, and the effects of the actions on the United States economy, including consumers.

USTR is establishing an electronic portal, scheduled to open on November 15, 2022, that will include more detailed questions on these issues, including questions about the impact of the actions on U.S. workers, U.S. small businesses, U.S. manufacturing, critical supply chains, U.S. technological leadership, and possible tariff inversions (i.e., where additional tariffs on goods are lower than additional tariffs on inputs used to produce those goods). To facilitate the public’s preparation of comments, USTR intends to post the questions by November 1, in advance of the docket opening.

In May 2022, USTR commenced the statutory four-year review process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation. In September 2022, USTR announced that because requests for continuation were received, the tariff actions had not terminated and USTR would conduct a review of the tariff actions.

Friday, October 7, 2022

DLA Seeking Poly/Cotton Shirting

The Defense Logisitics Agency is seeking a U.S. manufacturer of poly/cotton shirt material to avoid a potential Berry Amendment waiver.

Monday is Columbus Day in America

Monday, October 10th, is a federal holiday in the United States. National, state, and local government offices will be closed. Observance of the holiday by the private sector varies from region to region.
Prehistoric global migration of mankind left the world with two populations, one in the Old World, the other in the New World, each wholly ignorant of the existence of the other. Monday we celebrate Columbus Day in honor of his historic voyages that opened communication, commerce, and migration between the Old World of Africa, Asia, and Europe, and the New World of the Americas. Columbus' voyages of discovery led directly to Spanish settlements in the New World that became, with time, the many Latin-American nations of South, Central and North America and the islands of the Caribbean. The United States, today a sea-to-sea continental nation with citizens and residents whose ancestors lived in every corner of the globe, likewise traces her beginnings to Columbus. As early as 1738 "Columbia" had entered the English tongue as a name for the 13 British colonies in North America that became our original 13 States. Yes, from the birth of our nation it was understood that it all started with Columbus. That's why Columbus matters.

The second Monday in October is also Thanksgiving Day in Canada.

Thursday, October 6, 2022

Combat Boot Contract Awarded

Belleville Shoe Manufacturing, Co.,* Belleville, Illinois, has been awarded a maximum $10,401,507 modification (P00012) exercising the third one-year option period of a one-year base contract (SPE1C1-20-D-1208) with three one-year option periods for men's and women's combat, temperate weather boots. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is Arkansas, with an Oct. 10, 2023, ordering period end date. Using military service is Air Force. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

*Small business

Wednesday, October 5, 2022

Draft Harmonized System (HS) Code List of Critical Supply Chains: Notice of opportunity for public comment

On October 4, 2022, the International Trade Administration published in the Federal Register (87 FR 60118) Draft Harmonized System (HS) Code List of Critical Supply Chains: Notice of opportunity for public comment.

Executive Order 14017 of February 24, 2021, ``Executive Order on America's Supply Chains'' (hereafter ``Executive Order'' or ``Order'') (86 FR 11849; February 24, 2021), outlines U.S. policy objectives with respect to strengthening the resilience of America's supply chains. The Executive Order directed various agencies to submit supply chain assessments, including a review of ``the critical goods and materials, as defined by section 6(b) of this order, underlying the supply chain in question.'' Relevant reports were released in June 2021 and February 2022.

Section 6(b) of the Order defines critical goods and materials as ``goods and raw materials currently defined under statute or regulation as `critical' materials, technologies, or infrastructure.'' For the purposes of better analyzing trade data and policies, Commerce has identified HTSUS codes that match to critical goods and materials in four of these supply chains, drawing upon the expertise of industry analysts. Each product is identified as either an input, capital good, or final good. The draft list of HTSUS codes, defined at the 8 and 10- digit level, is set out online at https://www.trade.gov/data-visualization/draft-list-critical-supply-chains.

Contract Opportunity Nonwoven wool cloth for disaster blankets. DRAFT

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The North American Industry Classification System code is 313230 - Nonwoven Fabric Mills.

This requirement is 100% Set-Aside for Small Businesses. The Small Business Size Standard for this solicitation is 750 employees. UNICOR, Federal Prison Industries, Inc., intends to enter into a one (1) year firm-fixed-price, requirements type contract for the following commercial item(s): Nonwoven wool cloth for disaster blankets.

More information HERE.

$30 Million Army Undergarment Contract Awarded

ReadyOne Industries, El Paso, Texas, was awarded a $30,217,924 firm-fixed-price contract to procure the Uniform Integrated Protection Ensemble Family of Systems Air Two Piece Undergarment. Bids were solicited via the internet with one received. Work will be performed in El Paso, Texas, with an estimated completion date of June 30, 2024. Fiscal 2022 procurement, defense-wide funds in the amount of $30,217,924 were obligated at the time of the award. U.S. Army Contracting Command, Aberdeen Proving Ground, Maryland, is the contracting activity (W911QY-22-C-0044).