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GDLSK Wins Two Important Cases at the CIT, Reversing Commerce’s Adverse Antidumping Decisions - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

Last week, GDLSK achieved two very important victories for our clients at the Court of International Trade (CIT), reversing Department of Commerce (Commerce) decisions regarding the assessment of antidumping duties on merchandise imported from China.  Both of these decisions may have a favorable impact for other exporters/ importers of merchandise subject to antidumping duties.

Read entire article at GDLSK


CBP Decision No. 18-04; Definition of Importer Security Filing Importer - CBP/Federal Register

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION:  Final rule.

SUMMARY:  This final rule adopts a proposed amendment to expand the definition of an Importer Security Filing (ISF) Importer, the party that is responsible for filing the ISF, for certain types of shipments. The changes are necessary to ensure that the definition of ISF Importer includes parties that have a commercial interest in the cargo and the best access to the required information.

DATES:  This rule is effective May 14, 2018.

SUPPLEMENTARY INFORMATION:

I. Background

Under CBP regulations, Importer Security Filing (ISF) Importers, as defined in 19 CFR 149.1, are required to submit an ISF to CBP, which consists of information pertaining to certain cargo arriving by vessel. The ISF is required to be submitted before the cargo is loaded on a vessel that is destined to the United States. For cargo other than foreign cargo remaining on board (FROB), the transmission of the ISF is required no later than 24 hours before cargo is laden aboard a vessel destined to the United States. For FROB shipments, the transmission of the ISF is required any time prior to lading. See 19 CFR 149.2(b).

For shipments consisting of goods intended to be entered into the United States and goods intended to be delivered to a foreign trade zone (FTZ), ISF Importers, or their agents, must submit 10 data elements to CBP. See 19 CFR 149.3(a). For shipments consisting entirely of FROB and shipments consisting entirely of goods intended to be transported as Immediate Exportation (IE) or Transportation and Exportation (T&E) in-bond shipments, ISF Importers, or their agents, must submit five data elements to CBP See 19 CFR 149.3(b).

Currently, an ISF Importer is generally defined as the party causing goods to arrive within the limits of a port in the United States by vessel. See 19 CFR 149.1. The regulation provides that generally the ISF Importer is the goods' owner, purchaser, consignee, or agent such as a licensed customs broker. However, the regulation limits the definition of ISF Importer to certain named parties for FROB, IE and T&E in-bond shipments, and for merchandise being entered into FTZ. For FROB cargo, the regulation provides that the ISF Importer is the carrier; for IE and T&E in-bond shipments, and goods to be delivered to an FTZ, the regulation provides that the ISF Importer is the party filing the IE, T&E, or FTZ documentation.

Based on input from the trade as well as CBP's analysis, CBP concluded that these limitations did not reflect commercial reality and, in some cases, designate a party as the ISF Importer even though the party has no commercial interest in the shipment and limited access to the ISF data. Therefore, in a notice of proposed rulemaking (NPRM) published in the Federal Register on July 6, 2016 (81 FR 43961), CBP proposed to expand the definition of ISF Importer for FROB cargo, for IE and T&E shipments and for goods to be delivered to an FTZ.

For FROB shipments, CBP proposed to broaden the definition of an ISF Importer to include non-vessel operating common carriers (NVOCCs). For IE and T&E in-bond shipments, and for goods to be delivered to an FTZ, CBP proposed to broaden the definition of an ISF Importer to also include the goods' owner, purchaser, consignee, or agent such as a licensed customs broker. This rule adopts these proposals as final. By broadening the definition to include these parties, the responsibility to file the ISF will be with the party causing the goods to enter the limits of a port in the United States and most likely to have access to the required ISF information.

For a detailed discussion of the statutory and regulatory histories of the rule, and the factors governing the development of this rule, please refer to the NPRM.

Discussion of Comments


USITC Launches New Investigation on Certain Modifications to the U.S.-Korea Free Trade Agreement - U.S. International Trade Commission

The United States International Trade Commission (USITC) is seeking input on a new investigation concerning proposed modifications to the United States-Korea Free Trade Agreement (FTA) regarding the staging of customs duties for certain motor vehicles.The investigation, U.S.-Korea FTA: Advice on Modifications to Duty Rates for Certain Motor Vehicles, was requested by the U.S. Trade Representative (USTR) in a letter received on April 6, 2018. The letter included an attachment detailing the articles affected by the proposed modifications.

As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable economic effect of the proposed U.S.-Korea FTA staging of customs duty modifications on U.S. trade under the Agreement and on domestic producers of the affected articles.

The USITC expects to submit its advice to the USTR by June 1, 2018. A public version of the report, with all confidential business information deleted, will be released as soon as possible thereafter.

The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will not hold a public hearing in connection with the investigation; however, the USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC, 20436, and should be submitted at the earliest practical date but no later than 5:15 p.m. on May 1, 2018.

Further information on the scope of this investigation, the proposed staging of customs duty modifications, and the procedures for written submissions is available in the USITC’s notice of investigation, dated April 12, 2018, which can be downloaded from the USITC Internet site (www.usitc.gov) or by contacting the Secretary at the above address.


FDA Clears First Contact Lens With Light-Adaptive Technology - Food & Drug Administration

The U.S. Food and Drug Administration today cleared the first contact lens to incorporate an additive that automatically darkens the lens when exposed to bright light. The Acuvue Oasys Contact Lenses with Transitions Light Intelligent Technology are soft contact lenses indicated for daily use to correct the vision of people with non-diseased eyes who are nearsighted (myopia) or farsighted (hyperopia). They can be used by people with certain degrees of astigmatism, an abnormal curvature of the eye.

The National Eye Institute at the National Institutes of Health estimates that 42 percent of Americans aged 12 to 54 have myopia and 5 to 10 percent of all Americans have hyperopia. The Centers for Disease Control and Prevention estimates that as of 2014, more than 40 million Americans were contact lens wearers.

“This contact lens is the first of its kind to incorporate the same technology that is used in eyeglasses that automatically darken in the sun,” said Malvina Eydelman, director of the Division of Ophthalmic, and Ear, Nose and Throat Devices at the FDA's Center for Devices and Radiological Health.

The contact lenses contain a photochromic additive that adapts the amount of visible light filtered to the eye based on the amount of UV light to which they are exposed. This results in slightly darkened lenses in bright sunlight that automatically return to a regular tint when exposed to normal or dark lighting conditions.

For today’s clearance, the FDA reviewed scientific evidence including a clinical study of 24 patients that evaluated daytime and nighttime driving performance while wearing the contact lenses. The results of the study demonstrated there was no evidence of concerns with either driving performance or vision while wearing the lenses.

Patients with the following conditions should not use these contact lenses: inflammation or infection in or around the eye or eyelids; any eye disease, injury or abnormality that affects the cornea, conjunctiva (the mucous membrane that covers the front of the eye and lines the inside of the eyelids) or eyelids; any previously diagnosed condition that makes contact lens wear uncomfortable; severe dry eye; reduced corneal sensitivity; any systemic disease that may affect the eye or be made worse by wearing contact lenses; allergic reactions on the surface of the eye or surrounding tissues that may be induced or made worse by wearing contact lenses or use of contact lens solutions; any active eye infection or red or irritated eyes.

These contacts are intended for daily wear for up to 14 days. Patients should not sleep in these contact lenses, expose them to water or wear them longer than directed by an eye care professional. These contacts should not be used as substitutes for UV protective eyewear.

The Acuvue Oasys Contact Lenses with Transitions Light Intelligent Technology were reviewed through the premarket notification 510(k) pathway. A 510(k) is a premarket submission made by device manufacturers to the FDA to demonstrate that the new device is substantially equivalent to a legally marketed predicate device.

The FDA granted clearance of the Acuvue Oasys Contact Lenses with Transitions Light Intelligent Technology to Johnson & Johnson Vision Care, Inc.

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.


Brady, Neal Release White Paper With Solutions to Combat Opioid Epidemic - House Ways and Means Committee

Washington, D.C. – Today, House Ways and Means Committee Chairman Kevin Brady (R-TX) and Ranking Member Richard Neal (D-MA), along with Subcommittee on Health Chairman Peter Roskam (R-IL) and Ranking Member Sandy Levin (D-MI), released a white paper with solutions to combat the opioid epidemic.

This white paper is the result of feedback the Committee received following a Request for Information (RFI) that was sent in February to key stakeholders asking for recommendations lawmakers and the Administration may consider to prevent and treat opioid abuse and dependence in the Medicare program. This RFI yielded robust feedback from 110 stakeholders.

Upon releasing the white paper, Chairman Brady said:“Combating – and ultimately defeating – the opioid epidemic is an all-hands-on-deck effort. We have a duty to ensure that the over 42 million Americans who receive prescriptions through the Medicare program are not going to fall victim to this devastating crisis. This white paper outlines next steps and potential legislative and regulatory solutions so that our families and communities no longer have to see so many of our loved ones suffer through this epidemic any longer.”

Ranking Member Neal added:

“People of all ages suffer from opioid addiction, and we must make sure every American has access to the treatment they need. Specifically, we must make it a top priority to ensure Medicare covers opioid treatment programs. This bipartisan report highlights a number of actions Congress can take to provide valuable tools that help us combat the opioid epidemic and save lives.”

CLICK HERE to read the white paper.

Recommendations from stakeholders in the white paper include:

  • Improve treatment and reimbursements, including increasing access to Medication Assisted Treatment, utilization and access to non-opioid treatments of pain, as well as modernizing reimbursement and quality measures;
     
  • Utilize tools to prevent overprescribing and abuse, including Part D lock-in, limiting prescriptions, and better data tracking; and
     
  • Enhance screening for opioid use disorders, provider education and communication, and patient education.
    CBP at JFK Arrests Cocaine Smuggler - U.S. Customs & Border Protection

U. S. Customs and Border Protection Officers Detect Cocaine in Bottle of Alcohol

JAMAICA, N.Y. — An arriving passenger at John F. Kennedy International Airport did not enjoy a ‘Happy Hour’ as U. S. Customs and Border Protection officers seized her illegal cocktail.

 

On April 8, Ms. Stefisha Miller, a Jamaican citizen, arrived on a flight from Kingston, Jamaica. CBP officers inspected a duty-free box she was carrying that contained two Bailey’s bottles with a plastic bag inside of it. CBP officers escorted Ms. Miller to a private search room where the bottles were examined revealing a bag of white powder that tested positive for cocaine.

Ms. Miller was arrested for the importation of a controlled substance and was turned over to Homeland Security investigations (HSI). The weight of cocaine seized was approximately 6 lbs. with an estimated street value of $110,000.

“The smuggling of illicit drugs poses a significant threat to our nation, and CBP does its part in keeping these drugs off our streets.” said Francis J. Russo, Acting Director of CBP’s New York Field Operations. “As America’s unified border security agency, our employees are determined to protect the public from these substances.”

Ms. Miller now faces federal narcotics smuggling charges and will be prosecuted by the U.S. Attorney’s Office in the U.S. Eastern District Court of New York.

All defendants are considered innocent unless and until proven guilty.

 
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