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Committee for the Implementation of Textile Agreements Considering the Addition of Thirty-Five "Short Supply" Fabrics under the U.S.-Bahrain Free Trade Agreement - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
In a notice published in the Federal Register earlier this week, the Committee for the Implementation of Textile Agreements (“CITA”) announced its receipt of a request from the Government of Bahrain for negotiations on the apparel rules of origin under the U.S.-Bahrain Free Trade Agreement to address the availability of thirty-five different knit and woven fabrics in the U.S. and Bahrain.[1]
Other Free Trade Agreements include a short supply mechanism that allows an interested party to petition the U.S. to add commercially unavailable materials to a short supply list of materials that may be sourced outside of the FTA countries for use in garment production without negating duty-free treatment. The mechanism in the Bahrain FTA is somewhat different in that it instead permits the two countries to renegotiate particular rules of origin. The request by the Government of Bahrain is largely driven by the July 31, 2016 expiration of a Tariff Preference Level provision that had broadly permitted the use of non-FTA fabric in production.
To help inform the U.S. negotiating position, CITA is soliciting public comments, particularly as to whether the fabrics in question can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments will be accepted until July 21, 2017.
If you would like further information about this development or if we can be of assistance in drafting comments on behalf of your company, please do not hesitate to contact Arthur Bodek or any of our other partners.
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[1] A list of the fabrics covered by the request is listed in the request letter of the Government Bahrain which can be accessed at: http://otexa.trade.gov/PDFs/Request_from_Bahrain_modify_%20Agreement_rules_of_origin_23_March_2017.pdf. A cross reference by end use (i.e.., type of garment) is listed in the recent Federal Register Notice (which can be accessed at: here
Petitions for the Imposition of Antidumping Duties and Countervailing Duties on Imports of Certain Fine Denier Polyester Staple Fiber from the People's Republic of China, India, the Republic of Korea, Taiwan and the Socialist Republic of Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): China, India, South Korea, Taiwan, Vietnam; Countervailing Duty (“CVD”) : China and India;
II. Product: The imported merchandise that Petitioners intend to cover in these investigations is described as follows:
The merchandise subject to this proceeding is synthetic staple fibers, not carded, combed or otherwise processed for spinning, nonwoven and other uses, of polyesters measuring less than 3.3 decitex (3 denier) in diameter. The subject merchandise may be coated, usually with a finish, or not coated. Subject fine denier polyester staple fiber ("fine denier PSF") is generally used for yam spinning for woven and knit applications to produce textile and apparel products, for non-woven applications to produce wipes, medical/hygiene products, and other personal care items, and for other end uses.
The following products are excluded from the scope:
(1) PSF equal to or greater than 3.3 decitex (more than 3 denier, inclusive) currently classifiable in the Harmonized Tariff Schedule of the United States ("HTSUS") at subheadings 5503.20.0045 and 5503.20.0065, which is often used in "fill" applications; and
(2) low-melt PSF defined as a bi-component fiber with an outer, non-polyester sheath that melts at a significantly lower temperature than its inner polyester core (classified at HTSUS 5503.20.0015). Fine denier PSF is classifiable under the HTSUS subheading 5503.20.0025. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the orders is dispositive.
III. HTS classifications: The product subject to the investigation is currently classified in the Harmonized Tariff Schedule of the United States ("HTSUS"):
5503.20.0025 (synthetic staple fibers, not carded, combed or otherwise processed for spinning; of polyesters; measuring less than 3.3 decitex). “Not carded and combed or otherwise processed for spinning" means that the fibers have not been processed to separate or align the fibers, or processed to extract neps, foreign matter, or short fibers, or processed into battings or yarn.
IV. Date of Filing: May 31, 2017
V. Petitioners: Dak Americas LLC, Nan Ya Plastics Corporation, America, and Auriga Polymers Inc.
VI. Foreign Producers/Exporters: Please contact our office for a list filed with the petition.
VII. US Importers named: Please contact our office for a list filed with the petition
VIII. Alleged Dumping Margin:
China: 88.07%-103.06%
India: 21.31%-29.70%
S. Korea: 27.16%-45.23%
Taiwan: 29.32%-53.81%
Vietnam: 64.73%
No CVD Margins listed.
IX. Comments:
A. Projected date of ITC Preliminary Conference: June 21, 2017. Please contact our office for a complete projected schedule for the AD investigation.
B. The earliest theoretical date for retroactive suspension of liquidation for the antidumping duty is August 9, 2017, with the likeliest being September 28, 2017; for countervailing duty retroactive suspension the earliest is June 20, 2017, and the likeliest July 30, 2017.
Please contact our office for a complete projected schedule for the CVD investigation.
C. Volume and Value of Imports: Please contact our office for a summary of the data filed with the petition.
If you have questions regarding how this investigation may impact future imports of scope merchandise, or whether a particular product is within the scope of the investigation, please contact one of our attorneys.
USITC: New Releases, Documents, Announcements
CBP announces 41 new tentative selectees for reimbursable services agreements to promote economic growth in cross-border trade and travel
WASHINGTON— U.S. Customs and Border Protection announced today 41 tentative selections for new reimbursable services agreements through Section 481 of the Homeland Security Act, 2002 to promote economic growth in cross-border trade and travel across the country.
These public-private partnerships in Alabama, California, Connecticut, Florida, Georgia, Kentucky, Maryland, Mississippi, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, Saipan, South Carolina, Tennessee, Texas, Virginia, and Washington will allow approved private sector and state and local government entities to reimburse CBP for expanded services for incoming commercial and cargo traffic and international traveler arrivals.
“With increasing demands placed on CBP operations across the nation, innovative solutions like the Reimbursable Services Program allow us to keep pace while ensuring the safety and security of the travelers and cargo arriving to the United States,” said Acting Commissioner Kevin McAleenan. “The selection of these new partners reinforces CBP’s commitment to supporting opportunities for economic advancement and increased service.”
Since the program began in 2013, CBP has entered into agreements with 50 stakeholders, providing over 274,000 additional processing hours at the request of our partners—accounting for the processing of more than 6.3 million travelers and nearly 900,000 personal and commercial vehicles.
The new agreements increase CBP’s ability to provide new or enhanced services on a reimbursable basis by creating partnerships with private sector and government entities. Reimbursable services under this authority include customs, agricultural processing, border security services, immigration inspection, and support services at ports of entry.
The statute maintains several limitations at CBP-serviced airports, including reimbursable services being limited to overtime costs and support services for airports with 100,000 or greater arriving international passengers annually. Airports with less than 100,000 arriving international passengers annually may offset CBP for the salaries and expenses of not more than five full-time equivalent CBP officers. These agreements will not replace existing services.
The entities tentatively selected for these partnerships are:
In the air environment:
• Atlantic Aviation (Pittsburgh International Airport);
• Cincinnati/Northern Kentucky International Airport (Cincinnati/Northern Kentucky International Airport);
• Connecticut Airport Authority (Bradley International Airport);
• Delta Air Lines, Inc.:
- Baltimore–Washington International Airport;
- Birmingham–Shuttlesworth International Airport;
- Charleston Airport;
- Charlotte Airport;
- Cincinnati/Northern Kentucky International Airport;
- Greenville–Spartanburg International Airport;
- Huntsville International Airport;
- Jacksonville International Airport;
- Memphis International Airport;
- Nashville International Airport;
- Orlando International Airport;
- Raleigh–Durham International Airport; and
- Washington Dulles International Airport.
• Delta Air Lines, Inc. (Hartsfield–Jackson Atlanta International Airport);
• Donjon Marine Co., Inc (Lehigh Valley International Airport);
• Imperial Pacific International (CNMI), LLC (Saipan International Airport);
• Lee County Port Authority (Southwest Florida International Airport);
• Paine Field / Snohomish County Airport (Paine Field / Snohomish County Airport);
• PAZOS FBO Services (Luis Muñoz Marín International Airport);
• Port Authority of New York & New Jersey (Stewart International Airport);
• Raleigh-Durham Airport Authority (Raleigh-Durham International Airport);
• Reno-Tahoe Airport Authority (Reno-Tahoe International Airport);
• Rhode Island Airport Corporation (T. F. Green Airport);
• Sarasota Manatee Airport Authority (Sarasota–Bradenton International Airport);
• Solairus Aviation (Austin–Bergstrom International Airport);
• Terminal One Management, Inc. (John F. Kennedy International Airport); and
• United Airlines (Newark Liberty International Airport).
In the air and sea environment:
• Prime Air Corp (Luis Muñoz Marín International Airport; San Juan Seaport).
In the land environment:
• Pacific Device Inc. (San Diego, CA).
In the sea environment:
• APM Terminal Los Angeles (Los Angeles, CA);
• California Cartage Company (Los Angeles, CA);
• California United Terminals, Inc. (Los Angeles, CA);
• Chiquita Brands International Inc. (Gulfport, MS);
• Eagle Marine Services, Ltd (Los Angeles, CA);
• FCL Logistics, LTD (Los Angeles, CA);
• International Transportation Services, Inc. (Long Beach, CA);
• Long Beach Container Terminal LLC (Long Beach, CA);
• North Carolina State Ports Authority (Wilmington, NC);
• Port of Hueneme/Oxnard Harbor District (Hueneme, CA);
• Price Transfer, Inc. (Long Beach, CA);
• Price Transfer, Inc. (Los Angeles, CA);
• Total Terminals International, LLC (Long Beach, CA);
• Total Terminals International, LLC (Seattle, WA);
• TraPac, LLC (Los Angeles, CA);
• West Basin Container Terminal (Los Angeles, CA); and
• Yusen Terminal LLC (Los Angeles, CA).
The proposals were evaluated utilizing a rigorous, multi-layered process to ensure compatibility with CBP’s mission priorities.
The reimbursable services authority is a key component of CBP’s Resource Optimization Strategy, and will allow CBP to provide new or expanded services at domestic ports of entry reimbursed by the partner entity.
Global Container Terminals Scores Even Higher for Sustainability - Port of Authority of NY/NJ (Breaking Waves)
In 2014, Global Container Terminals (GCT), a tenant of the Port of New York and New Jersey joined Green Marine, a voluntary environmental certification program for the North American marine industry. Through its set of 12 performance indicators, Green Marine sets higher benchmarks for air, land, and water emissions than those set by government regulations so that the entire maritime industry can work toward a more sustainable future. During its recent re certification process, each of GCT’s four terminals achieved higher scores than they set in their initial certification in each of Green Marine’s indicators. This accomplishment was sufficient to award GCT the “Excellence & Leadership” level in almost every category.
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Refunds Now Available from Amazon for Unauthorized In-App Purchases - Federal Trade Commission
Amazon.com, Inc. has begun offering refunds to consumers for unauthorized in-app charges incurred by children. More than $70 million in charges incurred between November 2011 and May 2016 may be eligible for refunds.
All eligible consumers should have received an email from Amazon. Consumers who believe they might be eligible can also: go to https://www.amazon.com/gp/mas/refund-orders/in-apprefund/(link is external) or log into their Amazon.com accounts and go to the Message Center to find information about requesting a refund under Important Messages.
Refund requests can be completed entirely online. Consumers do not need to call Amazon or send anything by mail to receive a refund. The deadline for submitting refund requests is May 28, 2018. Any questions about individual refunds should be directed to Amazon at 866-216-1072.
Last month, the FTC and Amazon agreed to end their litigation related to the FTC’s case, which paved the way for the refund program to begin.
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