Collapsible Deployment Bags Contract Awarded

November 7, 2023, Excel Garment Manufacturing Ltd.,* El Paso, Texas, has been awarded a maximum $29,333,640 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for collapsible deployment bags. This was a competitive acquisition with three responses received. This is a three-year contract with no option periods. The ordering period end date is Nov. 6, 2026. Using military service is Marine Corps. Type of appropriation is fiscal 2024 through 2027 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-0008).

*Small Business

Yoocaa Baby Loungers Recalled Due to Suffocation Risk and Fall and Entrapment Hazards; Fails to Meet Safety Requirements for Infant Sleep Products; Exclusively on Amazon.com by Yoocaa Direct

This recall involves baby loungers made of a cloth cover with a foam sleeping pad and padded bumper. The baby loungers were advertised as “baby lounger” and “baby nest” and were sold in different printed fabrics and colors, including animal, blue star, cloud, feather, flower, forest, leaf, pink star, polar bear and zoo. “SLEEPING SET” is printed on a tag sewn on the interior of the cover.

The recall applies to products purchased on or after June 23, 2022, and consumers should review their Amazon purchase history to determine their purchase date. Consumers who still have the packaging can also review the packaging for a label that states the date of manufacture, marked in the format “LOT: YYYYMMDD.” This recall applies to products manufactured with “LOT” markings on the packaging of 20220623 (representing June 23, 2022) or later dates.

Remedy: Consumers should immediately stop using the recalled baby loungers and contact Yoocaa Direct for instructions on how to receive a full refund and properly dispose of the product. Yoocaa Direct and Amazon are contacting all known purchasers directly.

Incidents/Injuries: None reported

Sold At: Exclusively online at Amazon.com from January 2021 through May 2023 for between $30 and $55.

Importer(s): He Nan Ji Bu Gong Yi Pin You Xian Gong Si, D/B/A Yoocaa Direct, of China

Manufactured In: China

Recall number:24-017

More information and photos HERE.

Women's Service Uniform Dress Slack Contract Awarded

November 3, 2023, Goodwill Industries of South Florida Inc.,** Miami, Florida, has been awarded a maximum $15,175,195 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for women's service uniform dress slacks. This is a five-year contract with no option periods. The ordering period end date is Nov. 2, 2028. Using military service is Army. Type of appropriation is fiscal 2024 through 2028 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-N004).

** Mandatory source

Honor Our Veterans on Armistice Day

Friday, November 10, 2023, is Veterans Day, a federal holiday in the United States. National, state, and local government offices will be closed in commemoration. Most businesses will be open.

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

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

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

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

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

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

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

God Bless the United States of America!

Low Melt Polyester Staple Fiber From the Republic of Korea Antidumping Review

On November 3, 2023, the International Trade Administration published in the Federal Register (88 FR 75558 [A–580–895] Low Melt Polyester Staple Fiber From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021–2022.

DR-CAFTA Short Supply Request: Certain Two-Way Stretch Polyester/Spandex Woven Fabric

The subject product is a two-way stretch polyester/spandex woven. A complete description is set forth below. Konffetty, S.A de C.V. utilizes this fabric for the production primarily of kids wear and adult clothing. The fabric has the content, characteristics, hand feel, and price range that render it perfectly suitable for the dresswear trade. The fabric is classifiable under HTSUS 5407.51, 5407.52, and 5407.53, depending on the percentages of filaments and spandex

CAFTA Cumulation

Cumulation is one of the derogations from the yarn forward rule. The agreement provides that apparel articles classified in the Chapter 62 of the Harmonized System may include inputs from Canada or Mexico, up to certain quantitative limits. Chapter 62 is "Articles of apparel and clothing accessories, not knitted or crocheted." As a shorthand we often call Chapter 62 "Woven apparel," but it is important to note that there are some anomalies. For example, Harmonized System Heading 6212 provides for "Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted."

Cumulation is in effect for:

• Costa Rica,
• El Salvador,
• Guatemala, and
• Honduras.

There is no cumulation for Dominican Republic.

Cumulation applies to any of the textile components required to originate:

• essential character fabric,
• narrow elastic,
• sewing thread,
• visible linings, and
• yarn.

Statement from Ambassador Katherine Tai on the African Growth and Opportunity Act Eligibility Review

On October 31, 2023, the Office of the U.S. Trade Representative announced that President Biden decided to reinstate African Growth and Opportunity Act (AGOA) trade preference program benefits for one country, Mauritania, and to terminate benefits for four countries – the Gabonese Republic (Gabon), Niger, the Central African Republic, and the Republic of Uganda (Uganda) – effective January 1, 2024.

Economic Adjustment Assistance for Cotton Textile Mills

On Ocotber 31, 2023, the Agricultural Marketing Service published in the Federal Register (88 FR 74330) Economic Adjustment Assistance for Textile Mills.

The Agricultural Marketing Service (AMS) revises the regulation providing guidance for domestic manufacturers that consume Upland Cotton and voluntarily participate in the Economic Adjustment Assistance for Textile Mills Program. The revisions add definitions and codify certain participant responsibilities currently outlined in the existing user Agreement. The changes made by this rule are intended to strengthen management controls that have been added into the Agreement to prevent fraud, waste, and abuse. This action provides the necessary legal support for program administration.

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

In the Octobe 11, 2023 Customs Bulletin (VOL. 57, NO. 37), CBP gave notice of Proposed Modification of One Ruling Letter and Proposed Revocation of Treatment Relating to the Tariff Classification of Woven Upholstery Fabric.

In Ruling Leter NY N319028 of April 30, 2021, CBP classified various woven upholstery fabrics 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: Other.” The rate of duty is 7.5%. CBP has reviewed NY N319028 and has determined the ruling letter to be in error. It is now CBP’s position that a certain woven upholstery fabric, Style J1819 (Fringe), is classified in heading 5515, HTSUS, and specifically within sub-heading 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.” The rate of duty is 12%.

The subject fabrics have been coated with an acrylic coating. At issue is whether they are coated fabrics of Chapter 59, HTSUS, and whether, pursuant to Note 2(a)(1) to Chapter 59, HTSUS, they are products of heading 5903, HTSUS. Heading 5903, HTSUS, provides for the classification of “[t]extile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902.” According to Note 2(a)(1) to Chapter 59, for a fabric to be considered coated within the meaning of heading 5903, HTSUS, the coating must be visible to the naked eye (whatever the nature of the plastic material), but no account is to be taken of changes in color. Therefore, to determine whether these fabrics are classifiable in heading 5903, HTSUS, we must determine whether they are visibly coated with plastic.

Application of the tariff provision relating to coated textiles has the subject of several CBP rulings and at least one court case. Agathon Associates clients can read more at (email David Trumbull at david@agathonassociates.com for the password

Low Melt Polyester Staple Fiber From South Korea and Taiwan

On October 27, 2023, the U.S. International Trade Commission published in the FEderal Register (88 FR 73870) [Investigation Nos. 731–TA–1378–1379 (Review)] Low Melt Polyester Staple Fiber From South Korea and Taiwan; Scheduling of Expedited Five-Year Reviews.

PTFE Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order

On October 30, 3023, the International Trade Administration published in the Federal Register (88 FR 74153) Granular Polytetrafluoroethylene Resin From India: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order.

Standard for the Flammability of Clothing Textiles

On October 25, 2023, the Consumer Product Safety Commisstion published in the Federal Register (88 FR 73221) Standard for the Flammability of Clothing Textiles

SUMMARY: The U.S. Consumer Product Safety Commission (Commission or CPSC) is amending the Standard for the Flammability of Clothing Textiles. The revisions clarify existing provisions, expand permissible equipment and materials for testing, and update equipment requirements that are outdated. The Commission issues this amendment under the authority of the Flammable Fabrics Act.

DATES: This rule is effective on April 22, 2024. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of April 22, 2024.

FY 2023 textile enforcement stats show CBP’s efforts to protect American industry

On October 25, 2023, U.S. Customs and Border Protection released fiscal year 2023 textile enforcement statistics. The data reflects robust enforcement efforts that protect American workers and legitimate importers by taking action against unlawful textile imports that attempt to circumvent U.S. trade laws, including those related to U.S. trade agreements.   

In FY 2023, CBP seized more than 5,000 textile shipments valued at more than $129 million, issued approximately $67.2 million in commercial fraud penalties, and conducted audits that identified over $2 million in additional duty owed to CBP. Additionally, CBP conducted laboratory analysis on 323 shipments, 42% of which were found to be mis-declared or mis-described when arriving to the United States. CBP also conducts verification visits internationally to factories that export textiles and apparel to the United States to verify origin and ensure compliance with preferential duty treatment claimed on imports. In FY 2023, CBP conducted 57 factory verification visits through its Textile Production Verification Team program resulting in approximately $340,000 in duties recovered and potential additional enforcement actions. 

“The textile industry is crucial for the health of the American economy, employing more than half-a-million people in this country,” said AnnMarie R. Highsmith, Executive Assistant Commissioner for CBP’s Office of Trade. “It’s not lost on us that the work we do has a direct impact on the jobs and livelihoods of so many Americans and their families – it’s why we get up in the morning.”  

Read more HERE.

Combat Glove Contract Awarded

October 25, 2023, Propper International Inc., Cabo Rojo, Puerto Rico, has been awarded a maximum $40,606,200 fixed-price, indefinite-delivery/indefinite-quantity contract for advanced combat gloves. This was a competitive acquisition with 10 responses received. This is a five-year contract with no option periods. The ordering period end date is Oct. 24, 2028. Using military service is Army. Type of appropriation is fiscal 2024 through 2029 defense capital working funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-0011).

Women's Service Dress Coat Contract Awarded

October 23, 2023, Hardwick Tactical Corp.,* Cleveland, Tennessee, has been awarded a maximum $14,560,277 firm-fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for women’s service uniform dress coats. This was a competitive acquisition with five responses received. This is a five-year contract with no option periods. Location of performance is Puerto Rico, with an Oct. 22, 2028, ordering period end date. Using military service is Army. Type of appropriation is fiscal 2024 through 2029 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-0005).

*Small Business

Cold Weather Socks Contract Awarded

FRM Socks LLC, doing business as Fox River, Osage, Iowa, has been awarded a maximum $8,393,220 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for the cold weather socks system. This was a competitive acquisition with three responses received. This is a one-year base contract with two one-year option periods. The ordering period end date is Oct. 16, 2024. Using military services are Army and Air Force. Type of appropriation is fiscal 2024 through 2025 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-0004).

Army Service Uniform Dress Coat Contract Awarded

October 16, 2023, Hardwick Tactical Corp.,* Cleveland, Tennessee, has been awarded a maximum $26,724,198 firm-fixed-price with economic price adjustment, indefinite-delivery/indefinite-quantity contract for men’s service uniform dress coats. This was a competitive acquisition with five responses received. This is a five-year contract with no option periods. Location of performance is Puerto Rico, with an Oct. 15, 2028, ordering period end date. Using military service is Army. Type of appropriation is fiscal 2024 through 2029 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-24-D-0001).

*Small Business

YourHealthToolkit Recalls Children’s Weighted Blankets Due to Asphyxiation Hazard; Sold Exclusively on Amazon.com

This recall involves 36-inch by 48-inch children’s 5-pound weighted blankets sold exclusively on Amazon.com. The blankets have a zipper pouch. The blankets were sold in aqua blue on one side and gray on the other with fabric quilting and raised fabric dots, and have a YourHealthToolkit (YHT) logo attached as a hangtag to the seams of the blanket.

Remedy: Consumers should immediately stop using the children’s weighted blankets and contact Amazon to receive a full refund. YourHealthToolkit is contacting all purchasers directly via Amazon with instructions on how to disable all product functionality or return the product.

Incidents/Injuries: None reported

Sold At: Online on Amazon.com from January 2020 through March 2020 for between $25 and $40.

Importer(s): YourHealthToolkit LLC, of Columbus, Ohio

Manufactured In: China

Recall number: 24-702

More information and photos HERE

Little Sleepies Recalls Sleepyhead Loveys and Bandana Bibs Due to Choking Hazard

This recall involves the Little Sleepies Sleepyhead Lovey and Bandana Bib. The recalled Sleepyhead Loveys are intended to be used by babies and toddlers as a security blanket. The recalled Bandana Bibs are intended to be worn by babies during mealtime to protect clothing, as well as for drooling or teething babies and toddlers. The products come in a variety of colors and patterns.

Remedy: Consumers should immediately take the recalled Sleepyhead Loveys and Bandana Bib away from children and remove the care instruction label to eliminate the hazard or, if consumers do not wish to remove the label, they can return the products using pre-paid shipping from the company for a full refund.

Incidents/Injuries: The company received two reports of care instruction labels becoming detached from the recalled Lovey. No injuries have been reported.

Sold At: Online at www.littlesleepies.com and at boutique stores nationwide from February 2021 through September 2023 for between $12 and $48.

Distributor(s): Litt China

Recall number: 24-007

More information and photo HERE

Negotiation of a Reciprocal Defense Procurement Agreement With the Republic of India

On October 10, 2023, the Defense Acquisition Regulations System published in the Federal Register (88 FR 6991) Negotiation of a Reciprocal Defense Procurement Agreement With the Republic of India

• Would waive the Buy American statute and the Balance of Payments Program
• Berry Amendment (10 U.S.C. 4862) requirement for chemical warfare protection clothing would be waived
• Otherwise Berry would not be affected

Shelter Contract Awarded

October 6, 2023, Exxel Outdoors LLC,* Broomfield, Colorado (SPE1C1-23-D-0066, $200,000,000), has been added as an awardee to the multiple award contract for commercial shelters, issued against solicitation number SPE1C1-22-R-0069 and awarded July 17, 2023.

*Small business

Children’s Blanket Sleepers and Robes Recalled by International Intimates Due to Burn Hazard and Violation of Federal Flammability Standards

Description: This recall involves Rene Rofe Girl Children’s Blanket sleepers and hooded robes. The 100% polyester blanket sleepers and robes were sold in sizes for ages 6 - 14 years. The size, “Rene Rofe Girl,” Style # 426989 or 436989, PO #JZJ0005, washing instructions and Date 6/1 are printed on the neck label. One of the following GPU #’s are also listed ACG2103, ACG2101, ACG2106, ACG2107, ACG2104, ACG2109, ACG2105, ACG2102, ACG2108, ACG2112, ACG2110, ACG2115, ACG2116, ACG2113, ACG2118, ACG2114, ACG2111, ACG2117.

Remedy: Consumers should immediately take the recalled blanket sleepers and robes away from children, stop using them and contact International Intimates for a full refund. Consumers should destroy the garments by cutting them in half and send International Intimates a photo of the destroyed recalled product by email at recall@renerofe.com. Upon receipt of the photo, consumers will be issued a full refund of the purchase price.

Incidents/Injuries: None reported

Sold At: Online at Amazon.com, Fashionnova.com, Ruelala.com and at children’s clothing stores nationwide from November 2021 through January 2023 for about $15.

Importer(s): International Intimates Inc., of New York

Manufactured In: China

Recall number: 24-004\

More information and photos HERE.

Advisory Committee on Supply Chain Competitiveness: Notice of Public Meeting

On September 29, 2023, the International Trade Administration published in the Federal Register (88 FR 67233 Advisory Committee on Supply Chain Competitiveness: Notice of Public Meeting.

The meeting will be held on October 25, 2023.

Matters To Be Considered: Committee members are expected to continue discussing the major competitivenessrelated topics raised at the previous Committee meetings, including supply chain resilience and congestion; trade and competitiveness; freight movement and policy; trade innovation; regulatory issues; finance and infrastructure; and workforce development. The Committee’s subcommittees will report on the status of their work regarding these topics.

Army Glove Contract Awarded

September 27, 2023, HWI Gear Inc.,* Denver, Colorado, has been awarded a maximum $67,807,764 fixed-price, indefinite-delivery/indefinite-quantity contract for advanced combat gloves. This was a competitive acquisition with eight responses received. This is a five-year contract with no option periods. Location of performance is Massachusetts, with a Sept. 26, 2028, ordering period end date. Using military service is Army. Type of appropriation is fiscal 2023 through 2028. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-23-D-0071).

*Small business

Maternity Clothing Contract Awarded

September 26, 2023, Federal Prison Industries Inc.,** doing business as UNICOR, Washington, D.C., has been awarded a maximum $15,507,824 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for maternity coats and slacks. This is a five-year contract with no option periods. Locations of performance are Illinois and Mississippi, with a Sept. 25, 2028, ordering period end date. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2028 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-23-D-F008).

**Mandatory source

Limitations of Duty- and Quota-Free Imports of Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries From Regional and ThirdCountry Fabric

On September 26, 2023, the Committee for the Implementation of Textile Agreements published in the Federal Register (88 FR 65972) Limitations of Duty- and Quota-Free Imports of Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries From Regional and ThirdCountry Fabric.

The Africa Growth and Opportunity Act ("AGOA") provides for duty-free entry of apparel assembled in the AGOA region of fabric formed in the U.S. of yarn formed in the U.S. It also provided for a Tariff Preference Level ("TPL") equal to seven percent of all U.S. apparel imports for apparel assembled in the AGOA region of fabric from the AGOA region. There is also a TPL for Lesser Developed Countries ("LDCs") in the AGOA region for apparel assembled in an AGOA LDC of third-country fabric. The TPL is set at 3.5 percent of all U.S. apparel imports.

For the one-year period, beginning on October 1, 2023, and extending through September 30, 2024, the aggregate quantity of imports eligible for preferential treatment under these provisions is 1,830,796,723 square meters equivalent. Of this amount, 915,398,361 square meters equivalent is available to apparel articles imported under the special rule for lesser developed countries. Apparel articles entered in excess of these quantities will be subject to otherwise applicable tariffs.

$1 Million in Counterfeit Merchandise Seized CBP Chicago

On September 18, 2023, U.S. Customs and Border Protection (CBP) officers at Chicago O’Hare’s International Mail Branch, seized a shipment last night containing 67 pieces of counterfeit designer watches, bracelets, handbags, and scarves. The items were deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts, and if genuine, would have had a combined Manufacturer’s Suggested Retail Price (MSRP) over $1 million.

Read more

Army and Air Force Coat Contract Awarded

September 22, 2023, American Apparel Inc.,* Selma, Alabama, has been awarded a maximum $20,293,213 modification (P00013) exercising the second one-year option period of a one-year base contract (SPE1C1-21-D-1481) with four one-year option periods for various types of coats. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. The ordering period end date is Sept. 28, 2024. Using military services are Army and 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

3 Season Sleep System and Components Contract Awarded

September 22, 2023, Propper International Inc., Cabo Rojo, Puerto Rico, has been awarded a maximum $77,227,290 modification (P00075) exercising the third one-year option period of a one-year base contract (SPE1C1-20-D-1351) with four one-year option periods for the 3 season sleep system and components. This is a firm-fixed-price, indefinite-delivery/definite-quantity contract. Locations of performance are Nevada and Washington, with a Sept. 27, 2024, ordering period end date. Using military services are Army, Navy, Air Force and Marine Corps. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.

Certain Casual Footwear and Packaging Thereof; Notice of Final Determination of No Violation by Active Respondents; Issuance of Default Remedial Orders; Termination of Investigation

On September 20. 2023, the U.S. International Trade Administration published in the Federal Register (88 FR 64926) Certain Casual Footwear and Packaging Thereof; Notice of Final Determination of No Violation by Active Respondents; Issuance of Default Remedial Orders; Termination of Investigation

Per- and Polyfluoroalkyl Substances (PFAS) in Consumer Products

On September 20, 2023, the Consumer Product Safety Commission published in the Federal Register (88 FR 64890) Per- and Polyfluoroalkyl Substances (PFAS) in Consumer Products

Commercial Customs Operations Advisory Committee (COAC)

On September 12, 2023, U.S. Customs and Border Protection published in the Federal Register (88 FR 62583) Commercial Customs Operations Advisory Committee (COAC)

This notice revises the August 30, 2023 notice to reflect the addition of a new working group to the Secure Trade Lanes Subcommittee which will provide proposed recommendations for COAC’s consideration at the September 20, 2023 COAC

China 301 Exclusions Extended through December 31, 2023

On Septembere 11, 2023, the Office of the U.S. Trade Representative published in the Federal Register (88 FR 62423) Notice of Extension for Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

SUMMARY: In prior notices, the U.S. Trade Representative modified the actions in the section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding from additional duties certain products of China, including medical-care products needed to address COVID. In December 2022, the U.S. Trade Representative determined to extend 352 previously reinstated exclusions through September 30, 2023 and in May 2023 determined to extend 77 COVID-related exclusions through September 30, 2023. This notice announces the U.S. Trade Representative's determination to further extend the 352 reinstated exclusions and 77 COVID-related exclusions until December 31, 2023.

To provide a transition period for the expiring exclusions and to allow for further consideration under the four-year review, and pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of 1974, as amended, the U.S. Trade Representative has determined that it is appropriate to further extend the 352 reinstated exclusions and the 77 COVID-related exclusions, as set out in the Annex A and Annex B to this notice, until December 31, 2023.

Annex A

The U.S. Trade Representative has determined to extend all exclusions previously extended under heading 9903.88.67 and U.S. notes 20(ttt)(i), 20(ttt)(ii), 20(ttt)(iii), and 20(ttt)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). See 87 FR 78187 (December 21, 2022). The extension is effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 1, 2023, and before 11:59 p.m. eastern standard time on December 31, 2023. Effective on October 1, 2023, the article description of heading 9903.88.67 of the HTSUS is modified by deleting ``September 30, 2023,'' and by inserting ``December 31, 2023,'' in lieu thereof.

Annex for COVID-Related Exclusions: Annex B

The U.S. Trade Representative has determined to extend all exclusions previously extended under heading 9903.88.68 and U.S. notes 20(uuu)(i), 20(uuu)(ii), 20(uuu)(iii), and 20(uuu)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). See 88 FR 31580 (May 17, 2023). The extension is effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 1, 2023, and before 11:59 p.m. eastern standard time on December 31, 2023. Effective on October 1, 2023, the article description of heading 9903.88.68 of the HTSUS is modified by deleting ``October 1, 2023,'' and by inserting ``January 1, 2024,'' in lieu thereof.

Request for Comments on Significant Foreign Trade Barriers

On September 11, 2023, the Office of the U.S. Trade Representative published in the Federal Register (88 FR 62421) Request for Comments on Significant Foreign Trade Barriers for the 2024 National Trade Estimate Report.

Trouser Contract Awarded

September 13, 2023, Federal Prison Industries Inc.,** doing business as UNICOR, Washington, D.C., has been awarded a maximum $7,510,601 modification (P00005) exercising the second one‐year option period of a one‐year base contract (SPE1C1‐21‐D-F074) with three one‐year option periods for trousers. This is a firm‐fixed‐price, indefinite-delivery/indefinite‐quantity contract. Location of performance is South Carolina, with a Sept. 27, 2024, 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.

All-Weather Coat Contract Awarded

September 12, 2023, ROICOM USA LLC,* El Paso, Texas, has been awarded a maximum $34,145,064 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for men’s service uniform all-weather coats. This was a competitive acquisition with eight responses received. This is a five-year contract with no option periods. The ordering period end date is Sept. 11, 2028. Using military service is Army. Type of appropriation is fiscal 2023 through 2028 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-23-D-0078).

*Small business

Made in Connecticut: American Woolen Company

American Woolen is a Connecticut-based designer and manufacturer of fine worsted and luxurious woolen cloth.

Read more HERE

China 301 Exclusions Extended through December 31, 2023

On September 6, 2023, the Office of the U.S. Trade Representative announced that exclusions from the China 301 tariffs, which were sset to expire September 30, have been extended through December 31,, 2023.

. InDecember 2022, the U.S. Trade Representative determined to extend 352 previously reinstated exclusions through September 30, 2023. Today USTR announces the determination to further extend the 352 reinstated exclusions until December 31, 2023.

Today's announement also includes 77 COVID-related exclusions.

Cincinnati CBP Seizes 100 Shipments Containing Counterfeit MLB, MLS, NFL Merchandise

During a one-week period in July, U.S. Customs and Border Protection (CBP) officers intensified inspections on incoming shipments moving through the Cincinnati Port of Entry. On July 10-14, during Special Operation Home Plate, officers focused enforcement efforts on counterfeit merchandise bearing protected brands or trademarked logos of teams within Major League Baseball (MLB), Major League Soccer (MLS), and the National Football League (NFL).

Cincinnati CBP officers seized 100 shipments containing counterfeit merchandise with a total Manufacturer’s Suggested Retail Price (MSRP) of $155,919. An additional 34 shipments were abandoned by the importers. Most of the products originated from China and Hong Kong, but officers also seized shipments imported from Mexico, Guatemala, and Canad

Read more HERE

FTC Finalizes Order Against Clothing Accessories Company for False Made in USA Claims

The Federal Trade Commission has finalized its order against a group of Massachusetts- and New Hampshire-based clothing accessories companies, along with their owner, Thomas Bates, for falsely claiming that certain company products were manufactured in the United States.

Read more HERE

Flock Academy 2023

The American Flock Association presents the new, virtual Flock Academy from 11am to 3pm Eastern time on Thursday, September 21, 2023. The Flock Academy will cover all aspects of the flock process including flock cutting and finishing, raw materials, application techniques and the finished product. Experienced instructors come from all phases of the flock industry. This course is good for anyone associated with the flock industry or wanting to know more about the flock process. From company owners to machine operators, this is an outstanding opportunity to increase your “flock” knowledge. There is no charge to attend, but there is a limit to the number of attendees. Pre–enrollment required. Click here for a registration form and email it to: info@flocking.org

Certain Polyester Staple Fiber From the People’s Republic of China: Continuation of Antidumping Duty Order.

On September 5, 2023, the International Trade Administration published in the Federal Register (88 FR 60641) Certain Polyester Staple Fiber From the People’s Republic of China: Continuation of Antidumping Duty Order.

Fine Denier Polyester Staple Fiber (PSF) From China, India, South Korea, and Taiwan; Scheduling of Full Five-Year Reviews

On August 30. 2023, the U.S. International Trade Commission published in the Federal Register (88 FR 59940 [Investigation Nos. 701–TA–579–580 and 731–TA–1369–1372 (Review)] Fine Denier Polyester Staple Fiber (PSF) From China, India, South Korea, and Taiwan; Scheduling of Full Five-Year Reviews

Antidumping Order Certain Polyester Staple Fiber From China

On August 29, 2023, the U.S. International Trade Commission published in the Federal Register (88 FR 59538) [Investigation No. 731–TA–1104 (Third Review)] Certain Polyester Staple Fiber From China.

Army and Air Force Apparel Contract Awarded

M&M Manufacturing LLC, ** Lajas, Puerto Rico, has been awarded a maximum $12,276,574 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. The ordering period end date is Aug. 21, 2024. Using military services are Army and 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 (SPE1C1-23-D-0070).

**Woman-owned small business in historically underutilized business zones

2023 Review of Notorious Markets for Counterfeiting and Piracy: Comment Request

On August 24, 2023, the Office of the U.S. Trade Representative published in the Federal Register (88 FR 58055) 2023 Review of Notorious Markets for Counterfeiting and Piracy: Comment Request

Cold Weather Jacket Contract Awarded

August 18, 2023, M&M Manufacturing LLC,** Lajas, Puerto Rico, has been awarded a maximum $17,193,219 modification (P00008) exercising the second one‐year option period of a one‐year base contract (SPE1C1‐21‐D-1490) with three one‐year option periods for cold weather military uniform jackets. This is a firm‐fixed‐price, indefinite-delivery/indefinite‐quantity contract. The ordering period end date is Aug. 26, 2024. 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.

**Woman-owned small business in historically underutilized business zones

Market Research: Mill Wash Factories for Denim Shirts

The Navy Clothing and Textile Research Facility (NCTRF) is conducting a market research investigation into potential sources of supply for the United States Postal Service (USPS). The goal of this effort is to identify domestic wash factories with the capabilities to mechanically or chemically garment wash denim shirts used in USPS Work Clothes either by stone, acid, bleach or enzyme washing.

NCTRF seeks to identify Berry Compliant domestic operations capable of garment washing denim shirts to a medium stone wash colorway. The basic material for the shirts is a 6.7 oz./yd² twill cotton cloth.

More information HERE.

House and Senate Both Express Concerns about Textile Defense Industrial Base

Both the House and Senate National Defense Authorization Act iterations are accompanied by a report from the respective Committee on Armed Services. Both reports provide direction to the Department of Defense regarding the doemstic textile Defense Industrial Base (DIB).

HOUSE ARMED SERVICES COMMITTEE REPORT

1. The committee directs the Director of DLA and the Sec. of Defense to provide a report to the House Committee on Armed Services no later than January 1, 2024, on the feasibility of requiring that home textile goods used on military installations be procured from domestic sources.

2. The committee is concerned about current economic factors impacting the capacity of the textile industry to meet DOD needs.

The committee directs the Sec. of Defense to submit a report to the congressional defense committees by March 1, 2024. The report shall address the following:

• impact on inflation;
• recommendations for additional economic price adjustment clauses;
• the department’s efforts to adequately forecast needs to industry;
• review defense-related domestic manufacturing workforce levels;
• ability of the textile industrial base to increase production during a national emergency; and
• other matters the Secretary deems appropriate.

SENATE ARMED SERVICES COMMITTEE REPORT

The committee is concerned about capacity for domestic Berry compliant articles, specially:

• Combat boots,
• Worsted wool, and
• Woven cotton.

The committee directs Assistant Sec. of Defense for Industrial Base Policy to brief the SASC by March 1, 2024, on impediments to manufacturing capacity for Berry compliant clothing. This language was inserted at the request of Sen Tammy Duckworth (D-IL).

Republicans and Democrats Clash over Social Issues in Defense Bill

The U.S. House and Senate have each passed a version of the National Defense Authorization Act for 2024, an annual undertaking. The NDAA is a massive piece of legislation (the House bill is over 1700 pages long and the Senate bill over 2,000 pages). When Congress comes back from summer break the two bodies must reconcile the differences. Once a compromise bill is agreed to in a conference committee, the House must pass that compromise bill, followed by the Senate. It will then be presented to the President to sign into law.

Working out compromises will not be easy. The Republican majority in the House has put in some provisions to satisfy their base that will be difficult for the Democrats who control the Senate to accept without offending their base.

LGBTQ

The Republican bill prohibits drag shows and drag queen story hour. It prohibits displaying any flag other than the U.S. flag, a State or District of Columbia flag, or certain other flags with some connection to the military (but not any flag relating to sexuality or gender). It prohibits TRICARE -- the Department of Defense health care program for service members, retirees, and their families -- from paying for "Sex reassignment surgeries furnished for the purpose of the gender alteration of a transgender individual" and "Hormone treatments furnished for the purpose of the gender alteration of a transgender in individual".

ABORTION

Under current law (10 USC 1093) Department of Defense funds may be used to pay for abortions only to save the life of the mother, or, in the case of rape or incest. Following the 2022 Supreme Court Dobbs decision, some states restricted access to abortion to some extent, leaving some service members in jurisdictions where state law was more restrictive than the Dept. of Defense funding rule. On October 20, 2022, the Department of Defense issued a Memorandum entitled "Ensuring Access to Reproductive Health" providing for the Department to pay travel expenses for travel to another state for an abortion. The House-passed bill expresses the sense of Congress that the Memorandum was illegal, citing 10 USC 1093, and the bill would repeal the Memorandum.

The Democrats are strongly opposed to the House-passed provisions relating to LBGTQ and abortion. Minority Whip Katherine Clark, of Massachusetts, said on CNN: "We know that this bill is going nowhere in the Senate because it is disgusting and outrageous."

It is hard to see how compromise can be worked on issues so vital to each side's interest in pleasing its core constituency.

COVID-19

The House bill contains several provisions prohibiting action against an individual due to refusal to receive the COVID-19 vaccine and provides a path for reinstatement of anyone separated from the military due to past refusal to take the COVID-19 vaccine.

President Biden in a Statement of Administration Policy strongly opposed all the House provisions relating to COVID-19 vaccination. While the President has no direct role in drafting legislation, it is common for the Administration to provide such comments, and members of the President's party are likely to consider voting accordingly.

Drawback: Instructional Video for New Drawback Filers Describing the Methods for Filing a Claim in ACE

The Office of Trade, Trade Policy and Programs, has developed a brief instructional video for first-time drawback filers on how to file a claim in ACE. The video can be found on CBP.gov at: First Time Drawback Filer Reminders | U.S. Customs and Border Protection (cbp.gov)

Request for Comments and Notice of Public Hearing Concerning China’s Compliance With WTO Commitments

On August 17, 2023, the Office of the U.S. Trade Representative published in the Federal Register (88 FR 56117) Request for Comments and Notice of Public Hearing Concerning China’s Compliance With WTO Commitments.

Carolyn Manley, Steve Williams and Allyson Tenney presenting a product safety training in Ho Chi Minh City, Vietnam, for buyers and purchasing professionals, covering textile and apparel requirements

On September 13, 2023, Carolyn Manley, and Steve Williams of CPSC’s Office of International Programs, along with Allyson Tenney of CPSC’s Engineering Division, will present a product safety training in Ho Chi Minh City, Vietnam, for buyers and purchasing professionals, covering textile and apparel requirements. The event, on September 13th 9:00am-5pm, is free of charge and will be held in-person at the New World Saigon Hotel. Registration information is available at: https://www.amchamvietnam.com/events/vietnam-buyers-training-2023/. For additional information, contact Amcham Vietnam at: events@amchamvietnam.com

The Children's Place Recalls Two Styles of Baby and Toddler Boy Basic Stretch Straight Leg Jeans Due to Choking Hazard

Description:

USITC Makes Determination In Five-Year (Sunset) Review Concerning Polyester Staple Fiber From China

On August 16, 2023, the U.S. International Trade Commission determined that revocation of the existing antidumping duty order on polyester staple fiber from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

Read more HERE.

FTZ Authorization of Limited Production Activity; GSM Engineered Fabrics, LLC; (Industrial Belts)

On August 16, 2023, the Foreign-Trade Zone Board published in the Fedeeral Register (88 FR 55662 Foreign-Trade Zone (FTZ) 204; Authorization of Limited Production Activity; GSM Engineered Fabrics, LLC; (Industrial Belts); Kingsport, Tennessee.

The FTZ Board authorized the production activity described in the notification on a limited basis, subject to the FTZ Act and the Board’s regulations, including section 400.14, and further subject to a restriction requiring that the following components be admitted in privileged foreign status (19 CFR 146.41): (1) rolls of woven plastic polyester belt material and (2) rolls of spiral polyphenylene sulfide plastic belt material.