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21

Government Closure on December 24, 2018

On December 18, 2018, President Trump signed an Executive Order on providing for the Closing of Executive Departments and Agencies of the Federal Government on Monday, December 24, 2018 as a federal holiday.  U.S. Customs and Border Protection (CBP) will operate as a holiday on December 24, 2018. Self-filers and brokers should plan CBP-related business accordingly.

Entry Filers:  Entry Summaries already designated on Statement for December 24, 2018 prior to the announcement of the holiday will still print on Monday, December 24, 2018. For those entry summaries not on statement and will be, use statement print date of December 26, 2018. For the statements created on December 24th, the trade can send a QN or PN on the 24th or later.  Statement Finals will transmit on Thursday, December 27 morning due to the holiday.  Filers can present or pay on Wednesday, December 26, 2018 without penalty.  If you have any questions please contact your assigned Client Representative.


PNCT:  Holiday Schedule

For Christmas Holiday, PNCT will be CLOSED Monday, 12/24 and Tuesday, 12/25 For New Year’s, PNCT will be CLOSED Monday 12/31 and Tuesday, 1/01 Due to the consecutive three day work weeks caused by the holidays, PNCT will be extending gate hours until 8:00 PM on 12/26, 12/27, 12/28, 1/2, 1/3, and 1/4.


PierPass:  Revised Port Truck Gate Schedule for Christmas Holiday Period 2018

Terminals at the Ports of Los Angeles and Long Beach have announced revised gate schedules for the Christmas holiday period of Friday, Dec. 21, 2018, through Tuesday, Dec. 25, 2018. The schedule is posted below, and a PDF of the schedule can be downloaded by clicking here: https://www.pierpass.org/wp-content/uploads/2018/12/XMAS-Weekend-2018_3.pdf.


UPDATE - Change in Effective Date of Duty Increase of Goods Subject to Section 301 Duties - U.S. Customs & Border Protection

BACKGROUND:

On September 21, 2018, the U.S. Trade Representative’s Office published a Notice of Modification of Action in the Section 301 investigation providing for the imposition of additional import duties on over 5,700 full and partial eight-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) on goods imported from the People’s Republic of China (China). See Federal Register 83 FR 47974. The September 21, 2018 list of products can be found in Annex A to the USTR’s September 21, 2018 Notice, and was amended on September 28, 2018 (83 FR 49153). 

The rate of additional duties was initially 10 percent.  Those additional duties were effective starting on September 24, 2018, and are currently in effect.  Under Annex B of the September 21 notice, the rate of additional duty was set to increase to 25 percent on January 1, 2019.  

On December 19, 2018, USTR published a Federal Register notice changing the effective date of the duty increase to March 2, 2019.  See Federal Register 83 FR 65198, December 19, 2018. 

GUIDANCE:

The increase in additional import duties for Chinese goods covered by the September 21, 2018 Federal Register notice, as amended, is now effective on March 2, 2019.  Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on March 2, 2019, the rate of additional duties on imported articles classified in a subheading covered by the September 21, 2018 Federal Register notice, as amended, will be 25% ad valorem.

The Section 301 duties currently only apply to products of China, and are based on the country of origin, not country of export.


Immediate Delivery Procedures at Year-End - US Customs & Border Protection

CBP’s Office of Trade is issuing a blanket authorization for Immediate Delivery (ID) procedures for merchandise to be released on or after December 17, 2018 through December 31, 2018, in accordance with 19 CFR § 142.21(i).  The authorization is offered to filers who may elect to take advantage of the interim Harmonized Tariff Schedule changes, which take effect on or after January 1, 2019.  

This blanket authorization does not apply to absolute quota merchandise and merchandise moved under an immediate transportation entry (type 61).  Tariff rate quota merchandise previously authorized for ID release under 19 CFR § 142.21 (e) may still be released; however, the entry summary shall be presented within the time specified in 19 CFR § 142.23 or within the quota period, whichever expires first. 

ABI entry transmissions, including the “paperless” provisional messages, will establish the desired entry date by using the estimated entry date in the summary transmission (“AE” transmissions).  This will identify the change from “Entry” to “Immediate Delivery” and will allow filers to elect a date of entry in order to take advantage of tariff changes or special programs.  Under ID procedures, the entry/entry summary must be filed within 10 working days after release.  This blanket authority only extends to shipments released December 17, 2018 through December 31, 2018.  No grace period will be granted for the purpose of timely filing ID entry summaries under this one-time allowance.


U.S. Department of Commerce Issues Affirmative Preliminary Antidumping Duty Determinations on Steel Propane Cylinders from China and Thailand - Department of Commerce

WASHINGTON – Today (12/19/18), the U.S. Department of Commerce announced the affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of steel propane cylinders from China and Thailand, determining that exporters from these countries have been found dumping this product at margins of 8.27 to 83.50 percent for China, and of 9.85 percent for Thailand.

As a result of today’s decisions, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of steel propane cylinders from China and Thailand based on these preliminary rates.

In 2017, imports of steel propane cylinders from China and Thailand were valued at an estimated $89.8 million and $14.1 million, respectively.

The petitioners are Worthington Industries (Columbus, OH) and Manchester Tank & Equipment Co. (Franklin, TN).

The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. Since the beginning of the current Administration, Commerce has initiated 137 new antidumping and countervailing duty investigations – this is a 303 percent increase from the comparable period in the previous administration.

Antidumping and countervailing duty laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of the unfair pricing of imports into the United States. Commerce currently maintains 464 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

Commerce is scheduled to announce the final determinations on or about March 5, 2019.

If Commerce makes affirmative final determinations, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determinations on April 18, 2019. If Commerce makes affirmative final determinations of dumping, and the ITC makes affirmative final injury determinations, Commerce will issue AD orders. If Commerce makes negative final determinations of dumping, or the ITC makes negative final determinations of injury, the investigations will be terminated and no orders will be issued.

Click HERE for a fact sheet on today’s decisions.

The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade law and does so through an impartial, transparent process that abides by international law and is based on factual evidence provided on the record.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties. Companies that receive unfair subsidies from their governments, such as grants, loans, equity infusions, tax breaks, or production inputs, are subject to countervailing duties aimed at directly countering those subsidies.​


OTEXA:  Annoucements - Office of Textile & Apparel

12/20/2018 – Notification of Annual Quantitative Limit for Certain Apparel under Haiti HOPE (Value-Added Quota) for 2018/2019 Annual Period. For the period December 20, 2018 through December 19, 2019, the annual quantitative limit of the Haiti HOPE Value-Added program is 372,889,066 square meters equivalent (SME).


Updated Voluntary Window Covering Safety Standard Takes Effect: Go Cordless  - Consumer Product Safety Commission

WASHINGTON, D.C.  –  Stock window coverings sold in stores or online should be cordless or free of accessible cords to meet a revised voluntary safety standard that took effect on December 15, 2018.

“The new standard is the result of years of collaboration among the Window Covering Manufacturers Association (WCMA), industry, the safety community and the U.S. Consumer Product Safety Commission (CPSC). As older window coverings are replaced with these cordless products, I expect a significant reduction in strangulations of young children,” said CPSC Acting Chairman Ann Marie Buerkle.

What are the requirements of the updated voluntary standard?

Earlier this year, the American National Standards Institute (ANSI) approved an updated window covering safety standard, ANSI/WCMA A100-2018, which now requires that stock or substantially fabricated window coverings be cordless or have inaccessible cords or short cords (eight inches or less) in any position of the window covering.

The standard also has restrictions for corded custom-order window coverings, such as a specific default length and default to a tilt wand instead of a tilt cord. The standard also provides for more robust warning tags that emphasize the strangulation hazard.

Collaboration
CPSC worked with WCMA, retailers, manufacturers, test labs, and various safety advocates to make the updated standard a reality. 

“I expect compliance with the voluntary standard based on the stakeholder involvement in its revision. I also appreciate WCMA’s agreement to begin addressing the remaining hazards associated with custom window coverings, by convening the first meeting of stakeholders to discuss the issues on January 23, 2019,” Buerkle added.

Window covering safety tips
For consumers who still have corded blinds, CPSC urges them to replace their corded blinds with cordless, particularly in homes where children live or visit. Until then, consumers with corded blinds should follow these safety tips:

  • Move all cribs, beds, furniture and toys away from windows and window cords.
  • Make tasseled pull cords as short as possible.
  • Keep all window cords well out of the reach of children. Eliminate any dangling cords.
  • Permanently anchor continuous-looped bead chains and cords to the floor or wall.
    FDA Warns About Safety Risks of Teething Necklaces, Bracelets to Relieve Teething Pain or to Provide Sensory Stimulation - Food & Drug Administration

Today, the U.S. Food and Drug Administration alerted parents, caregivers and health care providers to the safety risks that jewelry used for relieving teething pain pose for children. The agency warned that they should not be used to relieve teething pain in children or to provide sensory stimulation to persons with special needs, such as autism or attention-deficit/hyperactivity disorder (ADHD). The FDA has received reports of death and serious injuries to infants and children, including strangulation and choking, caused by teething jewelry, such as amber teething necklaces.

Teething jewelry can come in various forms, including a necklace, bracelet or anklet, and can be worn by either an adult or child. Such products are produced and sold by a large number of manufacturers and individuals. They are often used by parents and caregivers to relieve infants’ teething pain and other ailments. Teething jewelry may also be used by people with special needs, such as autism or ADHD, to provide sensory stimulation or redirect chewing on clothes or body parts. The beads of the jewelry may be made with various materials such as amber, wood, marble or silicone.

“We know that teething necklaces and jewelry products have become increasingly popular among parents and caregivers who want to provide relief for children’s teething pain and sensory stimulation for children with special needs. We’re concerned about the risks we’ve observed with these products and want parents to be aware that teething jewelry puts children, including those with special needs, at risk of serious injury and death,” said FDA Commissioner Scott Gottlieb, M.D. “Consumers should consider following the American Academy of Pediatrics’ recommendations of alternative ways for treating teething pain, such as rubbing inflamed gums with a clean finger or using a teething ring made of firm rubber. Given the breadth of the market for these teething necklaces and jewelry, we’re sharing this important safety information directly to consumers in order to help prevent injuries in infants and kids.”

The risks of using jewelry for relieving teething pain include choking, strangulation, injury to the mouth and infection. Choking can happen if the jewelry breaks and a small bead enters the child’s throat or airway. Strangulation can occur if a necklace is wrapped too tightly around the child’s neck or if the necklace catches an object such as a crib. Other concerns include injury to the mouth or infection if a piece of the jewelry irritates or pierces the child’s gums. In addition to choking and strangulation concerns, amber teething necklaces contain a substance called succinic acid, which allegedly may be released into an infant’s blood stream in unknown quantities. Manufacturers of these products often claim succinic acid acts as an anti-inflammatory and relieves teething and joint pain. The FDA has not evaluated these claims for safety or effectiveness and recommends parents not use these products.

Today, the FDA issued a safety communication after receiving a small number of medical device reports, including one death. One report involved a 7-month old child who choked on the beads of a wooden teething bracelet while under parental supervision and was taken to the hospital, and another involved an 18-month old child who was strangled to death by his amber teething necklace during a nap.

In addition to avoiding using jewelry to relieve teething pain, the FDA continues to recommend that caregivers avoid using teething creams, benzocaine gels, sprays, ointments, solutions and lozenges for mouth and gum pain. Benzocaine and other local anesthetics can cause methemoglobinemia, a serious condition in which the amount of oxygen carried through the blood is reduced. This condition is life-threatening and can result in death.


The FDA will continue to closely monitor adverse event reports associated with jewelry used for relieving teething pain and will communicate further as warranted. The agency encourages consumers and health care professionals to report injuries or adverse events that occur from using teething jewelry by filing a report at 1-800-FDA-1088 or online at MedWatch, the FDA Safety Information and Adverse Event Reporting program.
 
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