C-AIR TIMES ISSUE #658 - - Wednesday, November 25, 2020 08:09

**U.S. State Department Initiating New Guidelines for the Country of Origin Marking of Israeli - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

In a November 19, 2020 Press Statement, the U.S. State Department announced its initiation of new guidelines with respect to the country of origin marking of certain Israeli and Palestinian goods to reflect current U.S. foreign policy. Under this announcement, goods imported into the United States that were produced within areas where Israel exercises authority (most notably Area C under the Oslo Accords[1]) would be required to marked as “Israel”, “Product of Israel”, or “Made in Israel.”  In contrast, goods in areas of the West Bank where the Palestinian Authority exercises authority would be required to be marked as products of  “West Bank” and goods produced in Gaza would be required to be marked as products of  “Gaza.”

The above announcement represents a change from a 1995 Treasury Decision directing that goods produced in the West Bank or Gaza be marked “West Bank” or “Gaza” regardless of which entity exercised authority in the area in which the goods were produced. The marking  “West Bank/Gaza” would no longer be accepted in recognition that the two territories are politically and administratively separate.

The above change should not alter the duty-free treatment of qualifying goods produced in the area, but it could impact which program is to be claimed. Specifically, General Note 8, HTSUS covers claims under the Israel FTA, while General Note 3(v), HTSUS covers products of the West Bank, the Gaza Strip or a qualifying industrial zone.

This is an unfolding issue and there has not yet been a corresponding announcement from CBP. As such, the timing of this change and its impact on existing production commitments is unknown.

Please do not hesitate to contact our office with any questions.

[1] Under the Oslo Accords, Israel transferred to the Palestinian Authority land designated therein as Area A and Area B. Area C remained under Israeli control pending a future agreement between the two Parties.

USITC Seeks Comments on Proposed Modifications to the U.S. Harmonized Tariff Schedule - U.S. International Trade Commission

The U.S. International Trade Commission (USITC) is soliciting written comments from interested federal agencies and the public concerning proposed modifications to the U.S. Harmonized Tariff Schedule (HTS).

The proposed modifications, presented in Recommended Modifications to the Harmonized Tariff Schedule, 2020 (USITC publication 5139, November 2020), would conform the U.S. HTS with amendments to the global Harmonized System (HS).

The HS is the international product naming system that is used to categorize and monitor global trade in goods. The U.S. HTS and the classification systems of 160 other countries are based on the HS, and national classification systems are modified to reflect any changes to the HS. The USITC is responsible for maintaining the U.S. HTS.

In June 2019, the World Customs Organization (WCO) adopted a package of amendments to the HS product nomenclature. Subsequently, in October 2019, the USITC instituted an investigation (Inv. No. 1205-13) to draft comparable modifications to the U.S. HTS.

The USITC will finalize its recommended modifications to the HTS and submit a report to the President in March 2021.

Written submissions should be addressed to the Secretary of the Commission and should be submitted no later than 5:15 p.m. on December 14, 2020. All written submissions, except for confidential business information, will be available for public inspection.

IMPORTANT: All filings must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted. Questions regarding electronic filing should be directed to the Office of the Secretary, Docket Services Division (EDIS3Help@usitc.gov), or consult the Commission’s Handbook on Filing Procedures.

Further information regarding written submissions is available in the USITC’s Notice of proposed recommendations and solicitation of public comments, dated November 17, 2020. Filers are strongly encouraged to review this notice for important filing details. The notice can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at the above address or commissionhearings@usitc.gov.

Federal Register Notices:

The Federal Maritime Commission yesterday approved a Supplemental Order that expands the authority of Fact Finding 29, “International Ocean Transportation Supply Chain Engagement”. The Supplemental Order authorizes Commissioner Rebecca F. Dye, as the designated Fact Finding Officer, to investigate ocean carriers operating in alliances and calling the Port of Long Beach, the Port of Los Angeles, or the Port of New York and New Jersey.

The expanded Commission investigation will seek to determine if the policies and practices of those shipping companies related to detention and demurrage, container return, and container availability for U.S. export cargoes violate 46 U.S.C. 41102(c).

Commissioner Dye made the following statement in response to the Commission’s Supplemental Order:

“The time has come to resolve the most serious impediments to port performance. I’d like to thank my fellow Commissioners for their support of the Supplemental Order for Fact Finding 29, as I focus the investigation on the extreme conditions in the Ports of Los Angeles, Long Beach, and New York/New Jersey. The Order emphasizes I, as Fact Finding Officer, have all enforcement options at my disposal to address the crisis that exists in our major port gateways.

The Commission has a compelling responsibility to investigate the situations that currently exist in our major port gateways. The Commission is concerned that certain practices of ocean carriers and their marine terminals may be amplifying the negative effect of bottlenecks at these ports and may be contrary to provisions in the Shipping Act of 1984. The potentially unreasonable practices of carriers and marine terminals regarding container return, export containers, and demurrage and detention charges in the Ports of Los Angeles, Long Beach, and New York/New Jersey present a serious risk to the ability of the United States to handle trade growth.

Removing the obstacles to port performance allows ocean carriers, ports and marine terminals, drayage truckers, American importers and exporters, and every other business engaged in freight delivery to grow and prosper.”

´Tis the Season to Be Safe: Top Tips for Your Family During COVID-19 - U.S. Consumer Product Safety Commission

CPSC releases latest data for injuries and deaths related to toys, holiday decorating and cooking; announces 2020 toy recalls

WASHINGTON, D.C. – The holidays normally are a time to get together in person with friends and family. However, the pandemic may mean virtual celebrations this year. Regardless of how you celebrate, it’s important to protect yourself from possible dangers associated with holiday trees, candles, and cooking fires, as well as unsafe toys.

To keep the season safe, here’s what you need to know:

TOYS

Data:

Choking on small parts and riding toy injuries: CPSC reports that in 2019, there were an estimated 162,700 toy-related, emergency department-treated injuries and 14 deaths to children younger than 15, with most of the deaths associated with choking on small parts, like small balls and small toy parts and riding toys.

Toy recalls: continue to decline, with nine toy recalls in fiscal year 2020, three involving a lead violation, compared to 172 recalls in 2008, with 19 involving lead violations. Toys were also recalled for defects, such as choking, entrapment, ingestion and laceration hazards. Recalled toys present choking, entrapment, ingestion and laceration hazards, among other hazards that pose the threat of death or injury to a child.

Scooters: The number of injuries associated with non-motorized scooters significantly decreased from 2015 to 2019 for children younger than 15, from about 45,500 to about 35,600 injuries.

Tips:

Follow age guidance and other safety information on the toy packaging, and choose toys that match your child's interests and abilities.

Get safety gear, including helmets for scooters and other riding toys–helmets should be worn properly at all times and be sized to fit.

Keep small balls and toys with small parts away from children younger than age 3, and keep deflated balloons away from children younger than 8 years old (discard broken balloons at once).

COOKING

Data:

Cooking fires are the # 1 cause of residential fires.

An average of 1,700 cooking fires occur on Thanksgiving Day each year, more than three times the average number on any other day of the year.

In the last two decades, there were 220 fire or scald/burn incidents involving turkey fryers, resulting in 81 injuries and $9.7 million in property loss.

Tips:

Never leave cooking food unattended on the stove.

Keep children away from the cooking area, and keep flammable items, like potholders and paper or plastic bags, away from the stove and oven.

Only fry a turkey outside and away from your home–not inside your garage, or on your porch. Do not overfill the oil in the turkey fryer and follow the manufacturer’s instructions on use, including thawing your turkey thoroughly and maintaining control of the oil temperature.

DECORATING

Data:

On average, there are about 200 decorating-related injuries each day during the holiday season, with about half of the incidents involving falls. And in the 2018 holiday season, about 17,500 people were treated in emergency rooms due to holiday decorating-related injuries.

In the 2019 holiday season, there were six deaths associated with holiday season decorations.

From 2015 to 2017, on average, there were about 100 Christmas tree fires and about 1,100 candle fires (in November and December), resulting in 20 deaths, 160 injuries and nearly $50 million in property damage each year.

Tips:

Make sure your live Christmas tree has plenty of water, and look for the "Fire Resistant” label when buying an artificial tree.

Place burning candles in sight, away from flammable items, and blow them out before leaving the room.

Only use lights tested for safety by a national recognized testing laboratory. Throw out sets with broken or cracked sockets, frayed or bare wires, or loose connections.

To view and share a Holiday Safety video, b-roll of a dry Christmas tree, turkey fryer and candle burn and a poster, and for more information on how to be safe during the holidays, please visit CPSC’s Holiday Safety Information Center.