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USTR Amends the Scope of Two China 301 Exclusions- Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The Office of the U.S. Trade Representative (“USTR”) has issued two notices, each amending the scope of an existing China 301 exclusion.
In its first notice involving an exclusion issued under China 301 List 1 (the $34 billion trade action), the USTR has amended the exclusion (within U.S. note 20(x)(21) to subchapter III of chapter 99 HTSUS) covering “Tractor shovel loaders, each with 4 wheel drive, a bucket capacity of at least 2.9 m3 but under 3.8 m3, engine of 168 kW to 180 kW, operating weight of 19.1 t (42,000 lbs.) (described in statistical reporting number 8429.51.1035)” to now cover “Tractor shovel loaders, each with 4 wheel drive, a bucket capacity of at least 2.9 m3 but under 3.8 m3, engine of 168 kW to 180 kW, operating weight of at least 19 t but no more than-19.2 t (at least 41,887 lbs.- but not more than 42,329 lbs.) (described in statistical reporting number 8429.51.1035).”
In its second notice involving an exclusion issued under China 301 List 2 (the $16 billion trade action), the USTR has amended the exclusion (within U.S. note 20(o)(63) to subchapter III of chapter 99, HTS) covering “Digital clinical thermometers, valued not over $11 each (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)” to now cover “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).”
If you have any questions as to the scope of a particular exclusion or if your business is interested in seeking a refund of past duties paid under Section 301, and/or discussing Section 301 mitigation strategies, please contact our office and speak with one of our attorneys.______________________________________
Statement on Presidential Proclamation - U.S. Office of U.S. Trade Representative
08/06/20 Washington, DC –  The President exempted Canada from the tariffs he imposed under Section 232 on the basis of an agreement that imports of steel and aluminum products from Canada would remain at historical levels.  Since the President exempted Canada, imports from Canada of the product that accounts for the largest share of Canada's aluminum exports to the United States have surged above historical levels.  The surge has intensified in recent months, despite a contraction in U.S. demand.  To ensure the continued integrity and effectiveness of the national security measures the President adopted under Section 232, the United States has re-imposed a tariff on the surging imports, as provided for in our agreement with Canada.
Background
On May 17, 2019, the United States announced an agreement with Canada to remove Section 232 tariffs on steel and aluminum imports from Canada and for the removal of all retaliatory tariffs imposed on American goods by Canada.  The agreement provides for aggressive monitoring and a mechanism to prevent surges in imports of steel and aluminum.  The list of products covered by this mechanism is set forth in the agreement.  Under the agreement, if surges in imports of any of the specified steel and aluminum products occur, the United States may re-impose Section 232 tariffs on those products
Following removal of the Section 232 tariffs on imports from Canada in May of last year, imports of non-alloyed unwrought aluminum have increased substantially to a level above historical volumes of trade over a prolonged period, including a period during which U.S. aluminum consumption has decreased significantly.  In light of this surge, and in keeping with the terms of the agreement concluded with Canada, the United States today re-imposed the Section 232 10% ad valorem additional duty on imports of non-alloyed unwrought aluminum from Canada. 
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews:  Drawn Stainless Steel Sinks From the People's Republic of China: Partial Rescission of Antidumping Duty Administrative Review; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Devices, Including Computers, Tablet Computers, and Components and Modules Thereof; Notice of Institution
• Certain Movable Barrier Operator Systems and Components Thereof; Notice of Institution
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Steel Wire Garment Hangers From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2018-2019
• Certain Amorphous Silica Fabric From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 20199:01 AM 8/11/2020
• Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of the 2015 Administrative Review and Notice of Amended Final Results
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Wrapping Material and Methods for Use in Agricultural Applications; Notice of Institution
• CBP Notices: Country of Origin Marking of Products of Hong Kong
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Oil Country Tubular Goods From India, the Republic of Korea, the Republic of Turkey, Ukraine, and the Socialist Republic of Vietnam: Continuation of Antidumping and Countervailing Duty Orders
• Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Citric Acid and Certain Citrate Salts From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019
• Determination of Sales At Less Than Fair Value: Wood Mouldings and Millwork Products From Brazil: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
• Wood Mouldings and Millwork Products From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Investigations; Determinations, Modifications, and Rulings, etc.:  Large Residential Washers: Extension of Action
• Proposed Rules: Regulations To Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ferrovanadium From China and South Africa; Determination
• Investigations; Determinations, Modifications, and Rulings, etc.: Phosphate Fertilizers From Morocco and Russia
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Fake Watches Worth Nearly $2 Million Seized by Cincinnati CBP - U.S.  Customs &  Border Protection 
CINCINNATI—Over the past two weeks, U.S. Customs and Border Protection (CBP) officers in Cincinnati seized 54 counterfeit watches from two shipments at a local express consignment facility. The watches, which came from China, would have been worth a total of $1.9 million had they been genuine.
The counterfeit watches were labeled as Audemar Piguet, Rolex, Cartier, and Gucci, but the shipments were manifested as “timers” and “watch,” with listed values of $33 and $200. The packages were addressed to individuals in Jersey City, New Jersey and Mobile, Alabama.
Intellectual property rights (IPR) protection is a priority trade issue for CBP. In Fiscal Year (FY) 2019, CBP and their partner agency Homeland Security Investigation (HSI) seized 27,599 shipments containing IPR violations with a manufacturer’s suggested retail price (MSRP) of over $1.5 billion had the goods been genuine. Watches and jewelry represent 15 percent of all IPR seizures, and continue to top the list of all seized IPR materials.
“Legitimate cross-border trade powers the U.S. economy,” said Cincinnati Port Director Richard Gillespie. “As trade grows at unprecedented rates, our officers are working hard to identify threats and shut down illicit suppliers.”
CBP has established an educational initiative to raise consumer awareness about the consequences and dangers that are often associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at
https://www.cbp.gov/FakeGoodsRealDangers.
CBP conducts operations at ports of entry throughout the United States, and regularly screens arriving international passengers and cargo for narcotics, weapons, and other restricted or prohibited products. CBP strives to serve as the premier law enforcement agency enhancing the Nation’s safety, security, and prosperity through collaboration, innovation, and integration.
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U.S. Department of Commerce Preliminary Finds Countervailable Subsidization on Imports of Common Alloy Aluminum Sheet from Bahrain, Brazil, India, and Turkey - U.S. International Trade Administration
WASHINGTON - Today, U.S. Secretary of Commerce Wilbur Ross announced the affirmative preliminary determinations in the countervailing duty (CVD) investigations of imports of common alloy aluminum sheet (CAAS) from Bahrain, Brazil, India, and Turkey – finding that exporters received countervailable subsidies rates of 9.49 percent, 0.76 percent (de minimis) to 1.32 percent, 4.55 percent to 34.84 percent, and 0.07 percent (de minimis) to 3.15 percent, respectively.
The Department of Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of CAAS from Bahrain, Brazil, India, and Turkey based on these preliminary rates. 
In 2019, imports of CAAS from Bahrain, Brazil, India, and Turkey were valued at approximately $240.4 million, $97.8 million, $123.4 million, and $123.2 million, respectively. 
The petitioners are the Aluminum Association of Common Alloy Aluminum Sheet Trade Enforcement Working Group and its individual members, Aleris Rolled Products, Inc. (Beachwood, Ohio); Arconic, Inc. (Bettendorf, Iowa); Constellium Rolled Products Ravenswood, LLC (Ravenswood, W.Va.); JW Aluminum Company (Daniel Island, S.C.); Novelis Corporation (Atlanta); and Texarkana Aluminum, Inc. (Texarkana, Texas). 
Commerce is currently scheduled to announce its final CVD determinations on or about December 22. However, this deadline may be extended. 
If Commerce makes affirmative final determinations, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determinations on or about February 4, 2021. If Commerce and the ITC makes affirmative final determinations, Commerce will impose CVD orders. If Commerce or the ITC makes negative final determinations, the investigations will be terminated, and no orders will be imposed.
Read the fact sheet on today’s decisions.
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 281 new antidumping (AD) and CVD investigations – this is a 260 percent increase from the comparable period in the previous administration.
The CVD law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair subsidization of imports into the United States. Commerce currently maintains 531 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade.
Foreign companies that receive financial assistance from foreign governments that benefits the production of goods from those companies and is limited to specific enterprises or industries, or is contingent either upon export performance or upon the use of domestic goods over imported goods, are subject to countervailing duties.
The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that is consistent with international rules and is based on factual evidence provided on the record.
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FDA Finalizes Rule Related to Gluten-Free Labeling for Foods Containing Fermented, Hydrolyzed Ingredients - Food & Drug Administration
Today (8/12/20), the U.S. Food and Drug Administration issued a final rule to establish compliance requirements for fermented and hydrolyzed foods, or foods that contain fermented or hydrolyzed ingredients, and that bear the “gluten-free” claim. The rule pertains to foods such as soy sauce, yogurt, sauerkraut, pickles, cheese and green olives. Distilled foods, such as distilled vinegars, are also included in the final rule.
“These new compliance requirements for labeling a product ‘gluten-free’ will protect individuals with celiac disease, an incurable, hereditary disorder that millions of Americans, including myself, live with,” said HHS Secretary Alex Azar. “The FDA’s final rule helps to ensure common products labeled ‘gluten-free’ really are gluten-free, equipping consumers to make the best choices for their health and their families.”
The final rule adds compliance requirements for hydrolyzed or fermented foods that use the “gluten-free” labeling claim, since gluten breaks down during these processes and currently available analytical methods cannot be used to determine if these products meet the “gluten-free” definition. The rule requires manufacturers of these food products to make and keep records providing adequate assurance that: the food meets the definition of “gluten-free” before fermentation or hydrolysis; the manufacturer has adequately evaluated the potential for cross-contact with gluten during the manufacturing process; and if necessary, measures are in place to prevent the introduction of gluten into the food during the manufacturing process. The rule also discusses how FDA will verify compliance for distilled products. The definition of “gluten-free,” established in 2013, is not changed by this new final rule.
“The FDA continues to work to protect people with celiac disease, which impacts at least 3 million Americans,” said FDA Commissioner Stephen M. Hahn, M.D. “The agency has taken a number of steps on this front by first establishing a standardized definition of ‘gluten-free,’ and now by continuing to work to ensure manufacturers are keeping the products that are labeled with this claim gluten-free.”
Gluten is a mixture of proteins found in wheat, rye and barley that may cause adverse health effects in people with celiac disease. For those with celiac disease, foods that contain gluten trigger production of antibodies that attack and damage the lining of the small intestine. Such damage limits the ability of people with celiac disease to absorb nutrients and puts them at risk of other serious health problems, including nutritional deficiencies, osteoporosis, growth retardation, infertility, miscarriages, short stature and intestinal cancers.
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. 
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IT'S HURRICANE SEASON: Avoid Fraud. Tips for Before, During & After Disasters - Federal Trade Commission
It’s one thing to prepare your family, pets, and property for extreme weather situations. It’s another to protect your personal information and finances from scammers who use weather emergencies to cheat people. This page has information to help you prepare for, deal with, and recover from a weather emergency.
Dealing with Weather Emergencies

 
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