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USTR Releases List of Additional Products Excluded from China 301 Tariffs - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

The U.S. Trade Representative has published a list of additional products excluded from the Section 301 tariffs on Chinese origin products.  Additional duties of 25% ad valorem were applied to these products as of July 6, 2018.  The exclusions are retroactive to July 6, 2018 and will extend for one year after publication of the April 18, 2019 notice.  A complete list of the 21 product areas covered by this exclusion is provided below.
This is the third set of exclusions that the U.S. Trade Representative has applied to the list.  Importers had the opportunity to file exclusion requests until October 9, 2018.  An initial set of exclusions was announced in December 2018, and a second set in March 2019.  With this third set, the U.S. Trade Representative grants relief to importers of 21 specially prepared product descriptions that would otherwise be subject to the 25% additional tariff.

On a related note, the U.S. Trade Representative recently announced that the administration is considering imposing additional tariffs of up to 100% on certain products imported from the European Union.  The legal authority referenced in the April 2019 announcement is Section 301 of the Trade Act of 1974, i.e. the same legal authority under which the 10% and 25% additional duties were imposed on goods from China.  The list includes many consumer goods, as well as industrial products.  Additional information is available here:

Should you have any questions regarding the topics discussed herein, or wish to participate in the process with respect to the duties being considered on EU products, please do not hesitate to contact our office.

New List of Products Excluded from Sec. 301 Tariffs on Chinese Origin Imports:

  1. Pumps designed for countertop appliances for serving beer, the foregoing that control the level of carbonation by means of sonic waves (described in statistical reporting number 8413.19.0000)
  2. Roller machines designed for cutting, etching or embossing paper, foil or fabric, manually powered (described in statistical reporting number 8420.10.9080)
  3. Water oxidizers and chlorinators (described in statistical reporting number 8421.21.0000)
  4. Ratchet winches designed for use with textile fabric strapping (described in statistical reporting number 8425.39.0100)
  5. Continuous action elevators and conveyors, designed to convey mineral materials (described in statistical reporting number 8428.33.0000)
  6. Counterweight castings of iron or steel designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000)
  7. Tines, carriages, and other goods handling apparatus and parts designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000)
  8. Parts of drill sharpening machines (described in statistical reporting number 8466.93.9885)
  9. Outer shells of hydraulic accumulators, of iron or non-alloy steel, cylindrical with hemispherical heads on each end (described in statistical reporting number 8479.90.9496)
  10. Parts of mechanical awnings and shades (described in statistical reporting number 8479.90.9496)
  11. Reject doors, pin protectors, liners, front walls, grates, hammers, rotor and end disc caps, and anvil and breaker bars, of iron or steel, the foregoing parts of metal shredders described in statistical reporting number 8479.90.9496)
  12. Steering wheels designed for watercraft, of stainless steel, having a wheel diameter exceeding 27 cm but not exceeding 78 cm (described in statistical reporting number 8479.90.9496)
  13. Pressure regulators of brass or bronze, whether high or low inlet type, having a rated flow rate of 55,000 “150,000 BTU/hr, maximum inlet pressure of 0.17 MPa to 1.72 MPa, inlet connection with POL or thread type of fitting (described in statistical reporting number 8481.10.0090)
  14. Pipe brackets of aluminum, each with 4 ports, the foregoing measuring 27.9 cm x 20.3 cm x 17.8 cm and weighing 11.34 kg, designed for installation into air brake control valves (described in statistical reporting number 8481.90.9040)
  15. Push pins and C-poles of steel, designed for use in variable force solenoid valves (described in statistical reporting number 8481.90.9040)
  16. Ball bearings of a width not exceeding 30 mm (described in statistical reporting number 8482.10.5032)
  17. Inductor baseplates of aluminum, each with a length measuring 149.20 mm or more but not over 275 mm, with a width measuring 119.40 mm or more but not over 232 mm and with a depth of 10.50 mm or more but not over 19 mm, with a weight of 0.48 kg or more but not over 3.2 kg (described in statistical reporting number 8504.90.9690)
  18. Parts of soldering irons and soldering machines (described in statistical reporting number 8515.90.4000)
  19. Motor vehicle gear shift switch assemblies, comprised of a plunger, connector and gear shift lever (described in statistical reporting number 8536.50.9065)
  20. Pressure switches designed for use in heat pumps and air-conditioning condensers having a rating of 1.90 megapascals or more but not over 4.55 megapascals (described in statistical reporting number 8536.50.9065)
  21. Instruments for measuring or checking voltage or electrical connections; electrical circuit tracers (described in statistical reporting number 9030.33.3800)
    Antidumping and Countervailing Duty Investigations / Ceramic Tile Products from China - USITC

Active Investigations:  Ceramic Tile Products from China

Inv. No. 701-TA-621 and 731-TA-1447
Preliminary Phase

Contacts:  Office of Investigations: 

Investigator - Nathanael Comly (202) 205-3174
Supervisory Investigator - Douglas Corkran (202) 205-3057

Key Dates
04/10/2019: Start
04/24/2019: Return Questionnaires
05/01/2019 9:30 am: Staff Conference
05/06/2019: Postconference Briefs
05/20/2019: Report to the Commission
05/24/2019: Proposed Vote
06/04/2019: View(s) Issued
06/04/2019: End

See Documents

U.S. Department of Commerce Initiates Antidumping Duty Investigation of Imports of Sodium Sulfate Anhydrous from Canada  - U.S. Department of Commerce

Today, the U.S. Department of Commerce announced the initiation of a new antidumping duty (AD) investigation to determine whether sodium sulfate anhydrous from Canada is being dumped in the United States.

This antidumping investigation was initiated based on a petition filed by Cooper Natural Resources, Inc. (Fort Worth, TX), Elementis Global LLC (East Windsor, NJ), and Searles Valley Minerals, Inc. (Overland Park, KS) on March 28, 2019.

The alleged dumping margins for Canada range from 43.37 to 170.08 percent.

If Commerce makes an affirmative finding in this investigation, and if the U.S. International Trade Commission (ITC) determines that dumped U.S. imports of sodium sulfate anhydrous from Canada are causing injury to the U.S. industry, Commerce will impose duties on those imports in the amount of dumping found to exist.

In 2018, imports of sodium sulfate anhydrous from Canada were valued at an estimated $5.7 million.

Click HERE for a fact sheet on this initiation.

Next Steps:

During Commerce's investigation into whether sodium sulfate anhydrous from Canada is being dumped, the ITC will conduct its own investigation into whether the U.S. industry and its workforce are being harmed by such imports. The ITC will make its preliminary determination on or before May 13, 2019. If the ITC preliminarily determines that there is injury or threat of injury, then Commerce's investigation will continue, with the preliminary determination scheduled for September 4, 2019, unless these deadlines are extended.

If Commerce preliminarily determines that dumping is occurring, then it will instruct U.S. Customs and Border Protection to start collecting cash deposits from all U.S. companies importing sodium sulfate anhydrous from Canada.

The final determination by Commerce in this case is scheduled for November 18, 2019, but this date may be extended. If Commerce finds that products are not being dumped, or the ITC finds in its final determination there is no harm to the U.S. industry, then the investigation will be terminated and no duties will be applied.

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 158 new antidumping and countervailing duty investigations“ this is a 285 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 476 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

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.

Request for Information About Possible Exemptions From Testing and Other Changes to the Standard for the Flammability of Clothing Textiles - Federal Register

AGENCY: U.S. Consumer Product Safety Commission. ACTION: Request for information.

SUMMARY: The U.S. Consumer Product Safety Commission (CPSC) requests information about possible changes to the Commission’s Standard for the Flammability of Clothing Textiles to expand the list of fabrics that are exempt from testing under the standard. CPSC is particularly interested in receiving information about the possibility of adding spandex to the list of fabrics that are exempt from the testing requirements. CPSC also would like information about the equipment and procedures specified in the standard and possible ways to update those provisions to reduce the burdens associated with the testing requirements.

DATES: CPSC will accept written comments through June 24, 2019.

ADDRESSES: You may submit written comments, identified by Docket No. CPSC–2019–20008, using the methods described below. CPSC encourages you to submit comments electronically, rather than in hard copy. Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: Follow the instructions for submitting comments provided on the website. To ensure timely processing of comments, please submit all electronic comments through, rather than by email to CPSC. Written Submissions: Submit written comments by mail, hand delivery, or courier to: Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504–7923.

Further information

FDA Launces Public Education Campaign to Encourage Safe Removal of Unused Opioid Pain Medicines from Homes  - U.S. Food & Drug Administration

The U.S. Food and Drug Administration today announced the launch of a new education campaign to help Americans understand the important role they play in removing and properly disposing of unused prescription opioids from their homes. This new initiative is part of the FDA’s continued efforts to address the nationwide opioid crisis and aims to help decrease unnecessary exposure to opioids and prevent new addiction. The “Remove the Risk” campaign is targeting women ages 35-64, who are most likely to oversee household health care decisions and often serve as the gatekeepers to opioids and other prescription medications in the home.

“The epidemic of opioid addiction and overdose is one of the greatest public health tragedies we’re facing as a nation, and no community is immune,” said Amy Abernethy, M.D., principal deputy commissioner at the FDA. “We know that many people who misuse prescription opioids report getting them from a friend or family member. If every household removed prescription opioids once they’re no longer medically needed for their prescribed purpose it would have a major impact on the opioid crisis’ hold on American families and communities.”

Prescription opioids are powerful, pain-reducing medicines that can help patients successfully manage pain when prescribed for the right condition and when used properly. When misused or abused, however, these drugs can cause serious harm, including addiction, overdose and death. In 2017, retail pharmacies dispensed more than 191 million opioid prescriptions to almost 60 million patients, either as first-time prescriptions or refills. As many as 90% of these patients reported not finishing what was prescribed to them, potentially leaving millions of unused prescription opioids in medicine cabinets and elsewhere in U.S. homes if not disposed of properly. During that same year, 47,600 people died from an overdose involving opioids. According to data from the National Survey on Drug Use and Health from the Substance Abuse and Mental Health Services Administration, half of people who misused prescription opioids got them from a friend or family member.

As part of the “Remove the Risk” campaign, the FDA launched a new toolkit of materials, available in English and Spanish, which include: television, radio and print public service announcements (PSAs); fact sheets; social media graphics and posts; and website badges that can be used by individuals, health care providers and organizations. These materials are being made available free of charge to news media, health care providers, consumer groups, and other organizations working to combat the opioids crisis. The agency also recently updated information on safe disposal of unused prescription opioids on its Disposal of Unused Medicines: What You Should Know webpage, which can help individuals determine the best disposal option for their situation.

“Far too many Americans, both teens and adults, are gaining access to opioids for the first time from the medicine cabinets of their parents, relatives and friends. Millions of unused opioid pills should not be readily available and easily accessible in our homes,” said Douglas Throckmorton, M.D., deputy director of regulatory programs in the FDA’s Center for Drug Evaluation and Research. “Our ‘Remove the Risk’ campaign serves to both educate Americans on this issue and provide them with easy-to-follow steps to take so they can immediately remove prescription opioids from their homes and avoid unintentionally contributing to the risk of misuse or abuse of these drugs by a friend or loved one.”

Medicine take-back options are the preferred way to dispose of most types of unneeded medicines safely, including opioids. Authorized locations may be in retail pharmacies; hospital or clinic pharmacies; and law enforcement facilities. Some authorized collection sites may also offer mail-back programs or “drop-boxes” to assist patients in safe disposal of their unused medicines. The next National Prescription Drug Take-Back Day is on April 27, 2019.

Additionally, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities (SUPPORT) Act gave the FDA the authority to require manufacturers to develop disposal technologies (such as a mail-back pouches) to make it even easier for patients to get unused edicines out of their homes.

This is just one of the many efforts being made to combat the opioids tragedy. The FDA remains committed to addressing this national crisis on all fronts, with a significant focus on decreasing exposure to opioids and preventing new addiction; supporting the treatment of those with opioid use disorder; fostering the development of novel pain treatment therapies; and taking action against those who contribute to the illegal importation and sale of opioid products.

About the Department of Health and Human Services Strategy to Combat America’s Crisis of Addiction: The opioid epidemic is one of the Department’s top priorities. In 2017, HHS launched a 5-point Opioid Strategy to empower local communities on the frontlines. This strategy consists of better (1) prevention, treatment and recovery services; (2) data on the epidemic; (3) pain management; (4) targeting of overdose-reversing drugs; and (5) research on pain and addiction.
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