POLA and POLB Marine Terminal Gates Closed on Thursday, May 2, 2017, from 5 p.m. - Pierpass
PierPass Inc. has been notified that the International Longshore and Warehouse Union (ILWU) will observe a special stop work meeting for union business on Thursday, May 4, 2017, starting at 5 p.m. As a result, no marine terminal gates at the Port of Los Angeles and the Port of Long Beach will operate between the hours of 5:00 p.m. on May 4 through 3:00 a.m. on May 5. There will be no OffPeak shift Thursday night May 4.
Please check with individual terminals for substitute or alternative gates.
Final Rule - Foreign Trade Regulations: Clarification on Filing Requirements – Revised - U.S. Customs & Border Protection
This broadcast is a revision of the "Final Rule - Foreign Trade Regulations: Clarification on Filing Requirements" broadcast sent on April 19, 2017.
Publication Announcement:
The Census Bureau’s International Trade Management Division (ITMD) is announcing the publication of a Final Rule revising several sections of the Foreign Trade Regulations (FTR), Title 15, Part 30.
The amendments reflect the implementation of the International Trade Data System (ITDS), in accordance with the Executive Order 13659, Streamlining the Export/Import Process for American Businesses. Section 405 of the Security and Accountability for Every (SAFE) Port Act of 2006 (Pub. L. 109-347, 120 Stat. 1884) established the ITDS.
The Final Rule also enhances the information provided in the Automated Commercial Environment’s (ACE) export trade reports. Where the authorized agent files an Automated Export System (AES) record in a routed export transaction, the agent is required to provide the filer name, Internal Transaction Number (ITN), and date of export in addition to the current data elements listed in Section 30.3(e)(2), upon request. The AES-203 Report will include the three additional data elements in ACE on April 27, 2017.
In addition, the changes reflect the capability to report the original ITN in subsequent commodity filings related to the original Electronic Export Information submission. The original ITN is an optional field. The functionality to report the original ITN will become operational on April 27, 2017.
The Census Bureau also revised the rule to clarify existing reporting requirements and address comments received on the Notice of Proposed Rulemaking. The requirement to report the export of used electronics via a new data element is not included in the Final Rule.
Please find the Final Rule in its entirety at https://federalregister.gov/d/2017-07646. For further information or questions about the FTR, contact the Trade Regulations Branch (TRB), ITMD at 800-549-0595, Option 3.
U.S. Customs and Border Protection Seizes Prohibited Yak Meat, Dung Pods, and Seeds at JFK - U.S. Customs & Border Protection
WASHINGTON - U.S. Customs and Border Protection (CBP) announced the recent seizure and destruction of a shipment of over 132 kilograms of prohibited yak meat, dung pods, and seeds for propagation imported from Nepal at New York’s John F. Kennedy (JFK) International Airport. The prohibited items were manifested as sweaters, shawls, pants, and other items of clothing.
Yak meat is prohibited from being imported into the United States under 9 CFR 94, which prohibits ruminant products from countries affected by rinderpest or foot-and-mouth disease, such as Nepal. Certain propagative seeds are also prohibited from being import into the United States under 7 CFR 319.37, due to possible plant disease contamination. Foot and Mouth disease is a worldwide concern that can spread quickly and cause significant economic damage.
The shipment was initially identified by the Commercial Targeting and Analysis Center (CTAC) based on an e-Allegation from the public. The CTAC is a U.S. Customs and Border Protection facility designed to streamline and enhance federal efforts to address import safety issues. The CTAC combines the resources and manpower of CBP and other government agencies to protect the American public from harm caused by unsafe imported products by improving communication and information-sharing and reducing redundant inspection activities.
This seizure demonstrates exceptional interagency collaboration between CBP and the Animal and Plant Health Inspection Service (APHIS) in targeting and identifying high-risk shipments for possible import safety violations, including dangerous agricultural commodities such as those found at JFK.
USITC: New Releases, Annoucements, Documents - U.S. International Trade Commission
On April 20, 2017, the Department of Commerce (Commerce) initiated its less-than-fair-value investigation on “Carton-Closing Staples from the People’s Republic of China.” (Initiation Notice). This investigation has been assigned case number A-570-055.
The Scope of Merchandise covered by this investigation reads as follows:
The scope of this investigation is carton-closing staples. Carton-closing staples may be manufactured from carbon, alloy, or stainless steel wire, and are included in the scope of the investigation regardless of whether they are uncoated or coated, regardless of the type of coating.
Carton-closing staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM D1974/D1974M- 16, but can also be made to other specifications. Regardless of specification, however, all carton-closing staples meeting the scope description are included in the scope. Carton-closing staples include stick staple products, often referred to as staple strips, and roll staple products, often referred to as coils. Stick staples are lightly cemented or lacquered together to facilitate handling and loading into stapling machines. Roll staples are taped together along their crowns. Carton-closing staples are covered regardless of whether they are imported in stick form or roll form.
Carton-closing staples vary by the size of the wire, the width of the crown, and the length of the leg. The nominal leg length ranges from 0.4095 inch to 1.375 inches and the nominal crown width ranges from 1.125 inches to 1.375 inches. The size of the wire used in the production of carton-closing staples varies from 0.029 to 0.064 inch (nominal thickness) by 0.064 to 0.100 inch (nominal width).
Carton-closing staples subject to this investigation are currently classifiable under subheadings 8305.20.00.00 and 7317.00.65.60 of the Harmonized Tariff Schedule of the United States (“HTSUS”). While the HTSUS subheadings and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive.
Requirements for Submitting Comments On the Scope of the Investigation: Please be sure to comply with all three requirements established below.
Deadline for Submitting Comments:
As announced in the Initiation Notice, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. In order to facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Wednesday, May 10, 2017. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Monday, May 22, 2017.
The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the record of the AD investigation identified above.
Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.
All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.
For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:
ACCESS: Help Link https://access.trade.gov/help.aspx
ACCESS: External User Guide https://access.trade.gov/help/ACCESS%20User%20Guide.pdf
ACCESS: Handbook on Electronic Filing Procedures
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf
Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf
Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014). http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf
Enforcement and Compliance: General Filing Requirements http://enforcement.trade.gov/filing/index.html
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information. Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petition filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). See also the frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
FDA Takes Action Against 14 Companies for Selling Illegal Cancer Treatments -
Food & Drug Administration
The U.S. Food and Drug Administration today posted warning letters addressed to 14 U.S.-based companies illegally selling more than 65 products that fraudulently claim to prevent, diagnose, treat or cure cancer. The products are marketed and sold without FDA approval, most commonly on websites and social media platforms.
“Consumers should not use these or similar unproven products because they may be unsafe and could prevent a person from seeking an appropriate and potentially life-saving cancer diagnosis or treatment,” said Douglas W. Stearn, director of the Office of Enforcement and Import Operations in the FDA’s Office of Regulatory Affairs. “We encourage people to remain vigilant whether online or in a store, and avoid purchasing products marketed to treat cancer without any proof they will work. Patients should consult a health care professional about proper prevention, diagnosis and treatment of cancer.”
It is a violation of the Federal Food, Drug and Cosmetic Act to market and sell products that claim to prevent, diagnose, treat, mitigate or cure diseases without first demonstrating to the FDA that they are safe and effective for their labeled uses. The illegally sold products cited in the warning letters posted today include a variety of product types, such as pills, topical creams, ointments, oils, drops, syrups, teas and diagnostics (such as thermography devices). They include products marketed for use by humans or pets that make illegal, unproven claims regarding preventing, reversing or curing cancer; killing/inhibiting cancer cells or tumors; or other similar anti-cancer claims.
The FDA has requested responses from the 14 companies stating how the violations will be corrected. Failure to correct the violations promptly may result in legal action, including product seizure, injunction and/or criminal prosecution.
As part of the FDA’s effort to protect consumers from cancer health fraud, the FDA has issued more than 90 warning letters in the past 10 years to companies marketing hundreds of fraudulent products making cancer claims on websites, social media and in stores. Although many of these companies have stopped selling the products or making fraudulent claims, numerous unsafe and unapproved products continue to be sold directly to consumers due in part to the ease with which companies can move their marketing operations to new websites. The FDA continues to monitor and take action against companies promoting and selling unproven treatments in an effort to minimize the potential dangers to consumers and to educate consumers about the risks.
The FDA encourages health care professionals and consumers to report adverse reactions associated with these or similar products to the agency’s MedWatch program.
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.