USTR Announces the Extension of Certain Expiring China Section 301 List 2 Exclusions - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On July 28, 2020, the Office of the United States Trade Representative (“USTR”) announced extensions for certain expiring exclusions from the China 301 List 2 tariffs (the $16 billion trade action).
To date, three sets of exclusions have been issued in connection with List 2. The first set of exclusions is scheduled to expire on July 31, 2020. The USTR has announced that the expiration dates of some such exclusions (see below) will be extended effective with respect to entries on or after July 31, 2020, and through December 31, 2020. The announced action is consistent with recent statements by the USTR to not grant exclusions / extensions beyond the end of this year.
Unless extended under the current action or prior actions, exclusions will expire on their previously scheduled expiration date. If you have any questions on the status of any particular China 301 exclusion(s), please contact our office.
LIST 2 (TRANCHE 1) EXCLUSIONS EXTENDED (9903.88.54/New U.S. Note 20(ggg)
- Polytetrafluoroethylene ((C2F4)n), having a particle size of 5 to 500 microns and a melting point of 315 to 329 degrees Celsius (described in statistical reporting number 3904.61.0090)
- Polyethylene film, 20.32 to 198.12 cm in width, and 30.5 to 2000.5 m in length, coated on one side with solvent acrylic adhesive, clear or in transparent colors, whether or not printed, in rolls (described in statistical reporting number 3919.90.5060)
- Rectangular sheets of high-density or low-density polyethylene, 111.75 cm to 215.9bcm in width, and 152.4 cm to 304.8 cm in length, with a sticker attached to mark the center of each sheet, of a kind used in hospital or surgery center operating rooms (described in statistical reporting number 3920.10.0000)
- Gasoline or liquid propane (LP) engines each having a displacement of more than 2 liters but not more than 2.5 liters (described in statistical reporting number 8407.90.9010)
- Dispensers of hand-cleaning or hand-sanitizing solutions, whether employing a manual pump or a proximity-detecting battery-operated pump, each article weighing not more than 3 kg (described in statistical reporting number 8424.89.9000)
- Walk behind rotary tillers, electric powered, individually weighing less than 14 kg (described in statistical reporting number 8432.29.0060)
- AC motors, of 18.65 W or more but not exceeding 37.5 W, each with attached actuators, crankshafts or gears (described in statistical reporting number 8501.10.6020)
- Position or speed sensors for motor vehicle transmission systems, each valued not over $12 (described in statistical reporting number 8543.70.4500)
- Wheel speed sensors for anti-lock motor vehicle braking systems, each valued not over $12 (described in statistical reporting number 8543.70.4500)
- Apparatus using passive infrared detection sensors designed for turning lights on and off (described in statistical reporting number 8543.70.9960)
- Liquid leak detectors (described in statistical reporting number 8543.70.9960)
- Robots, programmable, measuring not more than 40 cm high by 22 cm wide by 27 cm deep, incorporating an LCD display, camera and microphone but without “hands” (described in statistical reporting number 8543.70.9960)
- Motorcycles (including mopeds), with reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc, valued not over $500 each (described in statistical reporting number 8711.10.0000)
- Digital clinical thermometers (described in statistical reporting number 9025.19.8040 prior to July 1, 2020; described in statistical reporting number 9025.19.8010 or 9025.19.8020 effective July 1, 2020)
I. Type of Action: Antidumping Duty (“AD”): France, Japan, and Spain
II. Product: The merchandise covered by this investigation is methionine and precursors to methionine, including dl-Hydroxy analogue of dl-methionine, also known as 2-Hydroxy 4-(Methylthio) Butanoic acid (HMTBa), regardless of purity, particle size, grade, or physical form. Methionine has the chemical formula C5H11NO2S, liquid HMTBa has the chemical formula C5H10O3S, and dry HMTBa has the chemical formula C6H9CaO5S.
Subject merchandise also includes methionine processed in a third country including, but not limited to, refining or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope methionine or precursors of methionine. Methionine that is otherwise subject to this investigation is not excluded when commingled (i.e., mixed or combined) with methionine from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of these investigations
III. HTS classifications: Methionine is entered under 2930.40.0000 and dl-Hydroxy analog of dl-methionine is entered under 2930.90.4600.
IV. Date of Filing: July 29, 2020
V. Petitioners: Novus International, 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 Margins: Spain: 36.43 %; Japan: 103.31 %; France 17.34 %.
IX. Comments:
A. Projected date of ITC Preliminary Conference: August 18, 2020.
B. The earliest theoretical date for retroactive suspension of liquidation is October 7, 2020. Please contact our office for a complete projected schedule for the AD/CVD investigations.
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.
CBP Intercepts an Array of Counterfeit High Fashion Products Worth $1.8 Million at LAX - U.S. Customs & Border Protection
CBP Officers seize 3,524 Counterfeit Handbags, Shoes, Watches, Sunglasses, T-shirts, Purses, Sandals and Ball Caps arriving from Hong Kong
LOS ANGELES — U.S. Customs and Border Protection (CBP) officers and import specialists assigned to the Los Angeles International Airport (LAX) cargo operations seized 3,524 counterfeit YSL, Louis Vuitton, Chanel, Versace, Gucci, Fendi, Nike, Under Armor, Adidas, Cartier, Rolex, Dior, Pandora, Casio, Michael Kors, Tiffany & Co., Burberry and Christian Louboutine high fashion products arriving via express air cargo from Hong Kong.
The seized items included handbags, shoes, watches, sunglasses, t-shirts, purses, sandals, gym bags, dresses, belts and ball caps. In the same shipment, CBP officers discovered and seized 2,160 pills of Sildenafil and 4,500 pills of Ranitidine Hydrochloride. If genuine, the seized merchandise would have had an estimated manufacturer’s suggested retail price of $1,884,769.
CBP officers discovered the counterfeit goods while conducting an enforcement exam on a shipment of 99 boxes that weighed 3,827 pounds and arrived on June 25. The shipment, falsely manifested as “Ladies Tops Storage Bag Empty,” was a clear attempt to circumvent U.S. law.
“Trade in illegitimate goods is associated with smuggling and other criminal activities, and often funds criminal enterprises,” said Carlos C. Martel, CBP Director of Field Operations in Los Angeles. “CBP officers and import specialists remain vigilant in detecting, intercepting and seizing illegitimate products and enforcing all trade laws.” 
Consumers are tricked into believing they are buying an original product at a significant discount.
“Through their diligence and attention to detail, CBP officers and import specialists, prevented a significant smuggling attempt,” said LaFonda Sutton-Burke, CBP LAX Port Director. “Their dedication and commitment to the mission of CBP is vital in stopping counterfeit goods from entering the U.S. commerce.”
Nationwide in fiscal year (FY) 2019, CBP seized 27,599 shipments containing goods that violated intellectual property rights. The total estimated manufacturer’s suggested retail price (MSRP) of the seized goods, had they been genuine, increased to nearly $1.5 billion from over $1.4 billion in FY 2018.
Watches and jewelry topped the list for number of seizures with 4,242 representing 15 percent of all seizures. Watches and jewelry continued as the top product seized by total MSRP with seizures valued at over $687 million, representing 44 percent of the total. Wearing apparel and accessories are second with seizures estimated to be valued at more than $226 million.
Fiscal year 2019 Intellectual Property Rights Statistics
If you have any suspicion of or information regarding suspected fraud or illegal trade activity, please report the trade violation to e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.
The enforcement of Intellectual Property Rights is a CBP Priority Trade Issue. Priority Trade Issues represent high-risk areas that can cause significant revenue loss, harm the U.S. economy, or threaten the health and safety of the American people. They drive the risk-informed investment of CBP resources as well as enforcement and facilitation efforts, including special enforcement operations, outreach, and regulatory initiatives.
Federal Register Notices:
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Twist Ties From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
- Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019 and Partial Rescission of Review
- Standard Steel Welded Wire Mesh from Mexico: Initiation of Less-Than-Fair-Value Investigation
- Silicon Metal from the Republic of Kazakhstan: Initiation of Countervailing Duty Investigation
- Standard Steel Welded Wire Mesh From Mexico: Initiation of Countervailing Duty Investigation
- Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, and Intent to Rescind Review, in Part; 2018
- Honey From the People's Republic of China: Final Results and Rescission of Antidumping Duty Administrative Review; 2017-2018
- Twist Ties From the People's Republic of China: Initiation of Countervailing Duty Investigation
- Investigations; Determinations, Modifications, and Rulings, etc.: Certain Pre-Filled Syringes for Intravitreal Injection and Components Thereof; Institution of Investigation
- Light-Walled Rectangular Pipe and Tube From China, Korea, Mexico, and Turkey
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part
- Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Notice of Correction to the Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018
- Certain Magnesia Carbon Bricks From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Oil Country Tubular Goods From the People's Republic of China: Final Results of Expedited Second Sunset Review of the Antidumping Duty Order
- Determinations in the Less-Than-Fair-Value Investigations: Common Alloy Aluminum Sheet From Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
OTEXA: Announcements - Office of Textile & Apparel
- 7/27/2020 –The Federal Trade Commission (FTC) seeks comments on a proposal to repeal the U.S. care labeling requirements for apparel and certain textile piece goods. Written comments must be received on or before September 21, 2020. For more information, see the Federal register notice (85 FR 44485) here.
USTR Announces Fiscal Year 2021 WTO Tariff-Rate Quota Allocations for Raw Cane Sugar, Refined and Specialty Sugar, and Sugar-Containing Products - U.S. Trade Representative
Washington, D.C. – The Office of the U.S. Trade Representative (USTR) today announced the country-specific and first-come, first-served in-quota allocations under the tariff-rate quotas (TRQs) on imported raw cane sugar, refined and specialty sugar and sugar-containing products for Fiscal Year (FY) 2021 (October 1, 2020 through September 30, 2021). TRQs allow countries to export specified quantities of a product to the United States at a relatively low tariff, but subject all imports of the product above a pre-determined threshold to a higher tariff.
On July 9, 2020, the Secretary of Agriculture announced the establishment of the in-quota quantity for raw cane sugar for FY 2021. The in-quota quantity for the TRQ on raw cane sugar for FY 2021 is 1,117,195 metric tons raw value (MTRV)*, which is the minimum amount to which the United States is committed under the World Trade Organization (WTO) Agreement. USTR is allocating the raw cane sugar TRQ of 1,117,195 MTRV to the following countries in the quantities specified below:
|
Country
|
FY 2021 Raw Cane Sugar allocations (MTRV)
|
|
Argentina
|
45,281
|
|
Australia
|
87,402
|
|
Barbados
|
7,371
|
|
Belize
|
11,584
|
|
Bolivia
|
8,424
|
|
Brazil
|
152,691
|
|
Colombia
|
25,273
|
|
Congo (Brazzaville)
|
7,258
|
|
Costa Rica
|
15,796
|
|
Cote d’Ivoire
|
7,258
|
|
Dominican Republic
|
185,335
|
|
Ecuador
|
11,584
|
|
El Salvador
|
27,379
|
|
Fiji
|
9,477
|
|
Gabon
|
7,258
|
|
Guatemala
|
50,546
|
|
Guyana
|
12,636
|
|
Haiti
|
7,258
|
|
Honduras
|
10,530
|
|
India
|
8,424
|
|
Jamaica
|
11,584
|
|
Madagascar
|
7,258
|
|
Malawi
|
10,530
|
|
Mauritius
|
12,636
|
|
Mexico
|
7,258
|
|
Mozambique
|
13,690
|
|
Nicaragua
|
22,114
|
|
Panama
|
30,538
|
|
Papua New Guinea
|
7,258
|
|
Paraguay
|
7,258
|
|
Peru
|
43,175
|
|
Philippines
|
142,160
|
|
South Africa
|
24,220
|
|
St. Kitts & Nevis
|
7,258
|
|
Swaziland
|
16,849
|
|
Taiwan
|
12,636
|
|
Thailand
|
14,743
|
|
Trinidad & Tobago
|
7,371
|
|
Uruguay
|
7,258
|
|
Zimbabwe
|
12,636
|
These allocations are based on each country’s historical shipments to the United States. The allocations of the raw cane sugar TRQ to countries that are net importers of sugar are conditioned on receipt of the appropriate verifications of origin, and certificates for quota eligibility must accompany imports from any country to which an allocation is provided.
On July 9, 2020, the Secretary also announced the establishment of the in-quota quantity of the FY 2021 refined sugar TRQ at 162,000 MTRV for which the sucrose content, by weight in the dry state, must have a polarimeter reading of 99.5 degrees or more. This amount includes the minimum level to which the United States is committed under the WTO Uruguay Round Agreement - 22,000 MTRV of which 1,656 MTRV is reserved for specialty sugar - and an additional 140,000 MTRV for specialty sugars. USTR is allocating the refined sugar TRQ as follows: 10,300 MTRV of refined sugar to Canada, 2,954 MTRV to Mexico, and 7,090 MTRV to be administered on a first-come, first-served basis.
Imports of all specialty sugar will be administered on a first-come, first-served basis in five tranches. The Secretary announced that the total in-quota quantity of specialty sugar will be the 1,656 MTRV included in the WTO minimum plus an additional 140,000 MTRV.The first tranche of 1,656 MTRV will open October 1, 2020. All types of specialty sugars are eligible for entry under this tranche. The second tranche of 40,000 MTRV will open on October 8, 2020. The third tranche of 40,000 MTRV will open on January 21, 2021. The fourth tranche of 30,000 MTRV will open on April 15, 2021. The fifth tranche of 30,000 MTRV will open on July 15, 2021. The second, third, fourth and fifth tranches will be reserved for organic sugar and other specialty sugars not currently produced commercially in the United States or reasonably available from domestic sources.
With respect to the in-quota quantity of 64,709 metric tons (MT) of the TRQ for imports of certain sugar-containing products maintained under Additional U.S. Note 8 to chapter 17 of the HTS, USTR is allocating 59,250 MT to Canada. The remainder, 5,459 MT of the in-quota quantity is available for other countries on a first-come, first-served basis.
Raw cane sugar, refined and specialty sugar and sugar-containing products for FY 2021 TRQs may enter the United States as of October 1, 2020.
*Conversion factor: 1 metric ton raw value = 1.10231125 short tons raw value. To read the Federal Register notice, click here.
California Man Charged with Unlawfully Importing Mosaic - US Department of Justice
A California man was charged today with one count of unlawfully affecting the entry of goods into the United States upon false classification as to quality and value.
Acting Assistant Attorney General Brian C. Rabbitt of the Criminal Division, U.S. Attorney Nicola T. Hanna for the Central District of California, Special Agent in Charge David Prince of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Los Angeles and Special Agent in Charge Voviette D. Morgan of the FBI’s Los Angeles Field Office, Criminal Division made the announcement.
According to the indictment, Mohamad Yassin Alcharihi, 53, of Palmdale, California, claimed he was importing a shipment of items valued at $2,199, when in fact he was importing a mosaic worth more than that amount, and he misrepresented the quality of the mosaic, including what the mosaic depicted.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s Art and Antiquity Investigations group and HSI’s Los Angeles Public Safety Group. The case was prosecuted by Trial Attorney Ann Marie Ursini of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorneys Mark A. Williams and Matthew W. O’Brien of the Central District of California.
Coronavirus (COVID-19) Update: FDA Reiterates Warning About Dangerous Alcohol-Based Hand Sanitizers Containing Methanol, Takes Additional Action to Address Concerning Products - FDA
Agency Urges Consumers, Health Care Professionals Not to Use Certain Products, Citing Serious Adverse Events and Death
The U.S. Food and Drug Administration continues to warn consumers and health care professionals not to use certain alcohol-based hand sanitizers due to the dangerous presence of methanol, or wood alcohol – a substance often used to create fuel and antifreeze that can be toxic when absorbed through the skin as well as life-threatening when ingested. The agency has also taken additional action to help prevent certain hand sanitizers from entering the United States by placing them on an import alert. The FDA is proactively working with manufacturers to recall products and is encouraging retailers to remove products from store shelves and online marketplaces. As part of these actions, a warning letter has been issued to Eskbiochem S.A. de C.V. regarding the distribution of products labeled as manufactured at its facilities with undeclared methanol, misleading claims –including incorrectly stating that FDA approved these products—and improper manufacturing practices.
The FDA first warned about some of the methanol-containing hand sanitizers being sold in retail stores and online in June. The agency issued a further warning earlier this month about an increasing number of adverse events, including blindness, cardiac effects, effects on the central nervous system, and hospitalizations and death, primarily reported to poison control centers and state departments of health. The agency continues to see these figures rise.
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