Mixed Decision Announced On GSP Treatment For Travel Goods - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
A July 1, 2016 decision published on the website of the U.S. Trade Representative announced the addition of certain travel and luggage goods to the GSP program for the first time.
However, such addition was limited to least developed beneficiary developing countries (“LDBDC”) under the GSP program (which includes Cambodia, Ethiopia, Haiti and a number of others) as well as African Growth and Opportunity Act (AGOA) countries.
This treatment was not extended to non-LDBDC countries (such as India, Indonesia, the Philippines, Sri Lanka, Thailand and a host of others). The USTR has decided to defer its decision with respect to such countries (but has not explicitly ruled out potential future action).
These actions was taken in response to authority granted to the President in the Trade Preference Extension Act of 2015 to add certain new products to the GSP program subject to the GSP petition review process.
Near-Total U.S. Ban on African Elephant Ivory Trade Goes into Effect; Guidance Available - U.S. Fish & Wildlife Service
On July 6, 2016, a near-total ban on commercial trade in African elephant ivory went into effect in the United States. The information on this webpage is intended to provide guidance for those who wish to buy, sell, or otherwise trade in elephant ivory. It’s important to note that the new regulations do not restrict personal possession of ivory. If you already own ivory – an heirloom carving that’s been passed down in your family, or a vintage musical instrument with ivory components, those pieces are yours. We know those items created long ago aren’t threatening today’s wild elephants.
For more detailed information on trade in African elephant ivory see the Endangered Species Act final 4(d) rule for the African elephant and associated FAQs, our CITES implementing regulations (50 CFR part 23), Director’s Order 210, and the African Elephant Conservation Act. In addition to the information provided on this webpage, you must also comply with any relevant state laws and all imports and exports must be accompanied by appropriate CITES documents and meet other U.S. Fish & Wildlife Service (Service) import/export requirements.
African elephants are being poached at unprecedented levels to supply the illegal ivory trade, and the United States is among the largest markets for illegal ivory. We’ve implemented this near-total ban to ensure that U.S. domestic markets do not contribute to the decline of elephants in the wild. Learn more.
I own elephant ivory. What can I do with it?
To determine the appropriate legal framework for your elephant ivory, you first need to determine whether your items are made of African or Asian elephant ivory. Such proof can be in the form of a qualified appraisal or other documentation that demonstrates the identification of the species through a detailed provenance of the article. We understand that this documentation may take some time to gather. In the meantime, we recommend that you review information on trade in both African and Asian elephant ivory. Note that requirements are stricter for Asian elephant ivory with regard to interstate and foreign commerce. For import, the requirements for African elephant ivory are stricter. If you plan to meet the strictest requirements, you’ll be prepared once you do confirm what species your item was made from.
It’s also worth noting that without species identification, the Service may be unable to issue a pre-Convention, musical instrument, or traveling exhibition certificate for export, and specimens may be refused clearance and detained at the port. All wildlife imported to or exported from the United States must be declared at the species level. Both African and Asian elephant ivory items that qualify as ESA antiques are exempt from the prohibition on interstate commerce. If you are not able to demonstrate which species of elephant is involved, you may only be able to engage in activities that are lawful for both species, such as interstate commerce of ivory that qualifies as antique under the ESA.
What activities are allowed/ prohibited with African elephant ivory under statute, regulation, or law enforcement discretion? Read answer
USITC Will Conduct Full Five-Year (Sunset) Review Concerning Raw-in-Shell Pistachios From Iran - United States International Trade Commission
The U.S. International Trade Commission has voted to conduct a full five-year (“sunset”) review concerning the antidumping duty order on raw-in-shell pistachios from Iran.
As a result of this vote, the Commission will conduct a full review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group response was inadequate, but that circumstances warranted a full review. Commissioner Meredith M. Broadbent concluded that the domestic and respondent group responses were adequate.
USITC Will Conduct Full Five-Year (Sunset) Reviews Concerning Aluminum Extrusions From China - United States International Trade Commission
The U.S. International Trade Commission has voted to conduct full five-year (“sunset”) reviews concerning the antidumping and countervailing duty orders on aluminum extrusions from China.
As a result of the vote, the Commission will conduct full reviews to determine whether revocation of the orders would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s notice of institution in five-year reviews requests that interested parties file with the Commission responses that discuss the likely effects of revoking the order under review and provide other pertinent information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for these reviews was adequate and the respondent group response was inadequate. Commissioners Johanson, Broadbent and Kieff concluded that circumstances warranted a full review.
Announcements: Office of Textile and Apparel - ITA: OTEXA
07/06/2016 – May 2016 Textile and Apparel Import Report
06/30/2016 – Outcome of the Obama Administration’s Annual Product Review under the Generalized System of Preferences (GSP) program, to add new duty-free status for travel goods (including luggage, backpacks, handbags, and wallets) for Least Developed Beneficiary Developing Countries (LDBDCs) and African Growth and Opportunity Act (AGOA) countries. See USTR Press release and the Presidential Proclamation for additional details.
Federal Court Orders Alabama Seaford Company to Cease Production Due to Food Safety Violation - U.S. Food & Drug Admininstration
On Tuesday, July 5, 2016, the U.S. District Court for the Southern District of Alabama entered a consent decree of permanent injunction between the United States and BEK Catering LLC. The business, owned by Billy B. Stembridge, Jr. and Kyle D. Huxen, operates as Floppers Foods selling ready-to-eat seafood products and is based in Daphne, Alabama.
The consent decree was sought after the U.S. Food and Drug Administration documented serious violations of the seafood Hazard Analysis and Critical Control Point (HACCP) and of Current Good Manufacturing Practice regulations for foods. The consent decree prohibits BEK Catering, LLC, from receiving, processing, manufacturing, preparing, packing, holding or distributing food until it comes into compliance with FDA requirements.
The FDA conducted multiple inspections between September 2011 and April 2015. FDA investigators observed repeated deviations from HACCP requirements. The seafood HACCP regulations are intended to ensure the safety of fish and fishery products, and they prescribe a set of requirements that must be followed by seafood processors. Under these regulations, processors must conduct, or have conducted for them, hazard analyses to identify any food safety hazards that are reasonably likely to occur during processing of each type of seafood.
“When a company fails to provide an adequate plan for preventing food safety hazards from occurring in their facility, they are putting the public at risk,” said Melinda K. Plaisier, the FDA’s associate commissioner for regulatory affairs. “It is the job of the FDA to oversee that seafood businesses have adequate controls in place for the products they produce. When adequate preventive controls are not in place, we must take action to prevent potentially harmful food from entering the food supply.”
The company will not be permitted to operate until they are compliant with federal food regulations. As part of the consent decree, the owners represented that they are no longer processing fish and fishery products. In order to resume seafood processing operations, BEK Catering LLC must notify FDA in writing 90 days in advance, comply with remedial measures specified in the decree and be subject to FDA inspection, along with other requirements. Some of those requirements include hiring an independent HACCP expert who is qualified to determine whether the company’s methods, processes and controls comply with regulations, conducting an employee training program and notifying the FDA in writing of its HACCP plans. The company must also destroy, under FDA supervision, all seafood products in their custody.
The U.S. Department of Justice brought the action on behalf of the FDA.
No illnesses have been reported in connection with BEK Catering LLC. Consumers can report problems with FDA-regulated products to their district office consumer complaint coordinator.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.
Food and Drug Administration and Tobacco Products under the Deeming Rule - USCBP/CSMS
Products to be Subject to the Federal Food, Drug and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act” (Deeming rule). The Deeming rule published in the Federal Register on May 10, 2016, and extends FDA’s authority in Chapter IX of the Federal Food, Drug, and Cosmetic Act (FD&C Act) to additional products (“newly deemed” products) that meet the definition of “tobacco product” in the law such as electronic cigarettes, cigars, hookah, and pipe tobacco, as well as their components and parts.
Implementation dates for the provisions that apply to newly deemed, imported products are located on our website, and product codes are available on the ORA Product Code Builder webpage. Prior to August 8, 2016, declaration of the newly deemed products is not required. Beginning on August 8, 2016, all newly deemed, imported products must be declared to FDA with their appropriate product codes.
FDA will provide more information to the importing community prior to the August 8, 2016 effective date for the newly deemed products.
Border Patrol Finds Meth in Air Conditioning Unit
U.S. Customs & Border Protection
SALTON CITY, Calif. – El Centro Sector Border Patrol agents assigned to the Highway 86 checkpoint, arrested a man suspected of smuggling methamphetamine inside an air conditioning unit yesterday.
The incident occurred at approximately 6 p.m., after a 39-year-old man approached the checkpoint in a black Ford Fusion where a Border Patrol detection canine alerted to the vehicle.
Agents referred the man to the secondary inspection area for a closer examination.
20.27 pounds of methamphetamine with an estimated street value of $109,080.
After an intensive search, agents discovered a vacuum sealed bundle of methamphetamine hidden inside the gutted housing of an air conditioning unit.
The methamphetamine weighed 20.27 pounds with an estimated street value of $109,080.
The man, a United States citizen, the vehicle, and narcotics were turned over to the Drug Enforcement Administration for further investigation.
On June 22nd San Diego Sector Border Patrol Agents uncovered a similar drug smuggling scheme.
From Oct. 1, 2015 through May 31, 2016, El Centro Sector had 11,989 apprehensions and seized more than 1,015 pounds of methamphetamine.