USTR Amends the Scope of a China 301 List 3 Exclusion - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On November 12, 2020, the Office of the U.S. Trade Representative (“USTR”) has issued a notice amending the scope of an existing China 301 List 3 exclusion (the $200 billion tariff action).
In its notice, the USTR has amended the exclusion (within U.S. note 20(yy)(75) to subchapter III of chapter 99 of the HTSUS) covering “Pallet jacks, not self-propelled, each measuring not more than 160 cm by 70 cm, with a load capacity of at least of 1,950 kg but not more than 2,500 kg, with a pump measuring between 89 mm and 105 mm and steel forks with a Gauge Range between 9-12 (described in statistical reporting number 8427.90.0090)” to now cover such items “described in statistical reporting number 8427.90.0000 prior to July 1, 2019; described in statistical reporting number 8427.90.0090 effective July 1, 2019).”
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.
USTR Amends the Scope of a China 301 List 2 Exclusion - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On November 17, 2020, the Office of the U.S. Trade Representative (“USTR”) has issued notices amending the scope of an existing China 301 List 2 exclusion (the $16 billion tariff action) and a corresponding extension of such exclusion.
In its first notice, the USTR has amended the exclusion (within U.S. note 20(o)(14) to subchapter III of chapter 99 of the HTSUS) covering “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)” to now cover “Gas (natural 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).” In its second notice, a corresponding amendment has been made to the extension of this exclusion (within U.S. 20(ggg)(4)). This extended exclusion remains available through December 31, 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.
CBP and Singapore Customs Sign Historic Letter of Intent to Explore Single Window Connectivity - U.S. Customs & Border Protection
Signatories seek to enhance information sharing, facilitate lawful trade
WASHINGTON — U.S. Customs and Border Protection (CBP) and Singapore Customs signed a historic letter of intent today that will enable closer cooperation in the areas of trade facilitation, revenue protection and risk management.
Executive Assistant Commissioner for the Office of Trade Brenda Smith signed the letter of intent in Washington, DC on behalf of CBP and Deputy Director-General Lim Teck Leong signed the letter of intent in Singapore on behalf of Singapore Customs.
The Letter of Intent to Explore Single Window Connectivity between Singapore’s Networked Trade Platform (NTP) and the U.S. Automated Commercial Environment (ACE) formalizes the United States’ and Singapore’s commitment to sharing trade data and to exploring the possible connection of the two countries’ national Single Windows for trade facilitation. Single Windows are electronic systems that automate and expedite the processing of import and export data by allowing traders to input standardized information in a single entry point to fulfill all import and export requirements. In doing so, Single Windows reduce costs, enhance accountability and improve collaboration among government agencies and the trade community.
“We value the opportunity for transparency and cooperation that a shared Single Window will bring,” said Executive Assistant Commissioner Smith. “Government-to-government data sharing is rapidly becoming an important component of efficient and secure trade, and CBP looks forward to working with Singapore Customs on this forward thinking approach to trade facilitation.”
“The signing of this letter of intent signifies the first step towards trade data connectivity between the two Customs administrations, and reinforces our commitment to maintain the security of international supply chains, while facilitating legitimate trade,” said Deputy Director-General Lim.
The letter of intent follows the successful negotiation of the U.S.-Singapore Free Trade Agreement in 2004 and builds on the Authorized Economic Operator-Mutual Recognition Agreement and the Customs Mutual Assistance Agreement concluded by CBP and Singapore Customs in 2014. These efforts support the principles, standards and objectives of the World Customs Organization Framework of Standards to Secure and Facilitate Global Trade.
The collaboration between CBP and Singapore Customs complements the United States’ continued engagement with the Association of Southeast Asian Nations (ASEAN) Single Window Steering Committee on trade facilitative data exchange and Single Window connectivity/interoperability. Singapore is an active member of ASEAN and the ASEAN Single Window.
In 2019, two-way trade in goods between the United States and Singapore totaled $57.6 billion, making Singapore the United States’ 17th largest trading partner and its second-largest trading partner in ASEAN.
OTEXA: Announcements - International Trade Administration - Office of Textile & Apparel
- 11/16/2020 – Starting January 5, 2021, suppliers of articles and complex objects (made of several articles) containing substances of very high concern (SVHC) on the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) Candidate List (200+ substances) in a concentration above 0.1% weight by weight (w/w) must submit information on these articles to a new database under the authority of the European Chemicals Agency (ECHA). On Thursday, November 19th, from 4-8am EDT, the ECHA will publish a demo covering this issue on their homepage and allow time for Q&A. For more information, see TCGM announcements.
USITC Votes to Continue Investigations Concerning Aluminum Foil from Armenia, Brazil, Oman, Russia and Turkey - U.S. International Trade Commission
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey that are allegedly sold in the United States at less than fair value and subsidized by the governments of Oman and Turkey.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey, with its preliminary countervailing duty determinations due on or about December 23, 2020, and its preliminary antidumping duty determination due on or about March 8, 2021.
The Commission’s public report Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey (Inv. Nos. 701-TA-658-659 and 731-TA-1538-1542 (Preliminary), USITC Publication 5138, November 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available after December 11, 2020; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey
Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 (Preliminary)
Product Description: Aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, all aluminum foil meeting the scope of the description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of these investigations is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil, and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above.
Status of Proceedings:
- Type of investigation: Preliminary antidumping and countervailing duty investigations.
- Petitioners: Aluminum Association Trade Enforcement Working Group, Arlington, VA; Gränges Americas, Inc., Franklin, TN; JW Aluminum Company, Daniel Island, SC; Novelis Corporation, Atlanta, GA.
- USITC Institution Date: September 29, 2020.
- USITC Hearing Date: October 20, 2020.
- USITC Vote Date: November 12, 2020.
- USITC Notification to Commerce Date: November 13, 2020.
U.S. Industry in 2019:
- Number of U.S. producers: 5.
- Location of producers’ plants: Arkansas, Indiana, Kentucky, Missouri, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, and West Virginia.
- Production and related workers: 1,526.
- U.S. producers’ U.S. shipments: $1.4 billion.
- Apparent U.S. consumption: $1.9 billion.
- Ratio of subject imports to apparent U.S. consumption: 14.0 percent.
U.S. Importers’ U.S. shipments in 2019:
- Subject imports: $267.0 million.
- Non-subject imports: $265.6 million.
- Leading import sources: Turkey, Korea, Germany, China, Oman.
Federal Register Notices:
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Utility Scale Wind Towers From India and Malaysia: Initiation of Countervailing Duty Investigations
- Initiation of Less-Than-Fair-Value Investigations: Utility Scale Wind Towers From India, Malaysia, and Spain: Initiation of Less-Than-Fair-Value Investigations
- Development of a National Consumer Awareness Campaign on Combating the Trafficking in Counterfeit and Pirated Products
- Investigations; Determinations, Modifications, and Rulings, etc.: Recommended Modifications in the Harmonized Tariff Schedule, 2020
- Determination in the Less-Than-Fair-Value Investigation: Standard Steel Welded Wire Mesh From Mexico: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
- Seamless Refined Copper Pipe and Tube From the Socialist Republic of Vietnam: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Common Alloy Aluminum Sheet From Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
- Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electric Shavers and Components and Accessories Thereof; Institution of Investigation
- Prestressed Concrete Steel Wire Strand From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures
- Prestressed Concrete Steel Wire Strand From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
- Prestressed Concrete Steel Wire Strand From Tunisia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
- Prestressed Concrete Steel Wire Strand From Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
- Prestressed Concrete Steel Wire Strand From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
- Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Republic of Korea, the Russian Federation, and Ukraine: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
- Prestressed Concrete Steel Wire Strand From Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
- Investigations; Determinations, Modifications, and Rulings, etc.: Aluminum Foil From Armenia, Brazil, Oman, Russia, and Turkey
Agents Find Enough Fentanyl to kill 200,000 People - U.S. Customs & Border Protection
YUMA, Ariz. – Yuma Sector Border Patrol agents assigned to the Wellton Station arrested two U.S. citizens after finding over a pound of fentanyl pills hidden under the passenger seat of the car they were driving through the Interstate 8 immigration checkpoint Thursday morning.
Agents sent a Chevrolet Malibu to the checkpoint’s secondary inspection area at approximately 10 a.m. following a canine alert. While in secondary, a search of the vehicle revealed two plastic bags full of fentanyl pills wrapped in a hospital gown and hidden under the front passenger seat. The fentanyl pills, which weighed 1.276 pounds, were valued at $18,500.
In addition to arresting the two vehicle occupants, agents also seized the narcotics and the vehicle.
Fentanyl is a synthetic opioid that is 50-100 times more potent than heroin, oxycodone and morphine. Just two to three milligrams of fentanyl can kill a person. The amount of fentanyl found in the vehicle is equal to 578,783 milligrams.
CBP Officers Seize Items Worth Approximately $2 Million During the Month of October - U.S. Customs & Border Protection
ROCHESTER, N.Y. – U.S. Customs and Border Protection (CBP) officers at the Rochester Airport Port of Entry seized approximately 200 items, worth nearly $2 million.
During the month of October, CBP officers targeted multiple shipments that totaled 193 seizures of items that were Intellectual Property Rights (IPR), Food and Drug Administration (FDA) violations, and drug paraphernalia. These items had a total Manufacturer Suggested Retail Price (MSRP) value of $1.85 million dollars.
IPR violations pertain to products that infringe upon U.S. trademarks, copyrights, and patents. Other violations can include misclassification of merchandise, false country-of-origin markings, health and safety issues, and valuation issues. These violations can threaten the health and safety of American consumers, the economy and national security.
“Our officers continue to do an amazing job targeting shipments and identifying these violations,” said Rochester Port Director, Ronald Menz. “CBP has a vital role in protecting not only the consumer but also businesses from imported fraudulent items.”
If you have information about counterfeit merchandise being illegally imported into the U.S., CBP encourages you to submit an E-Allegation. The E-Allegation provides a means for the public to anonymously report to CBP any suspected violations of trade laws or regulations related to the importation of goods into the U.S.