Commerce Department Adds Five Chinese Entities to the Entity List for Participating in China’s Campaign of Forced Labor Against Muslims in Xinjiang - U.S. Department of Commerce
The Department of Commerce's Bureau of Industry and Security (BIS) added five Chinese entities to the Entity List for accepting or utilizing forced labor in the implementation of the People’s Republic of China’s campaign of repression against Muslim minority groups in the Xinjiang Uyghur Autonomous Region (XUAR). This action targets these entities’ ability to access commodities, software, and technology subject to the Export Administration Regulations (EAR), and is part of a U.S. Government-wide effort to take strong action against China’s ongoing campaign of repression against Muslim minority groups in the XUAR.
The entities to be added to the Entity List in connection with participating in the practice of, accepting, or utilizing forced labor involving Uyghurs and other Muslim minority groups in the XUAR are:
Hoshine Silicon Industry (Shanshan) Co., Ltd.
Xinjiang Daqo New Energy Co., Ltd.
Xinjiang East Hope Nonferrous Metals Co., Ltd.
Xinjiang GCL New Energy Material Technology Co., Ltd.
Xinjiang Production and Construction Corps (XPCC)
This Entity List rule supplements other Entity List designations in October 2019, June 2020, and July 2020. Including the rule announced today, these actions have added 53 parties specifically implicated in human rights abuses of ethnic minorities from Xinjiang, and 15 of these which were implicated in human rights abuses related to forced labor of ethnic minorities from Xinjiang.
“As we made clear during this month’s G7 summit, the United States is committed to employing all of its tools, including export controls, to ensure that global supply chains are free from the use of forced labor and technology is not misused to abuse human rights,” said Secretary of Commerce Gina Raimondo. “The Commerce Department will continue to take firm, decisive action to hold China and other perpetrators of human rights abuses accountable.”
The Entity List is a tool utilized by BIS to restrict the export, reexport, and transfer (in-country) of items subject to the EAR to persons (individuals, organizations, companies) reasonably believed to be involved, or to pose a significant risk of becoming involved, in activities contrary to the national security or foreign policy interests of the United States. Additional license requirements apply to exports, re-exports, and transfers (in-country) of items subject to the EAR to listed entities, and the availability of most license exceptions is limited.
For more information, visit www.bis.doc.gov.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part
• Certain Frozen Warmwater Shrimp From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Large Residential Washers From Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2019-2020
• Certain Activated Carbon From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: 1:07 PM 6/27/2021Certain Power Inverters and Converters, Vehicles Containing the Same, and Components Thereof; Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Capacitive Touch Sensing Systems, Capacitive Touch Sensing Controllers, Microcontrollers With Capacitive Touch Sensing Functionality, and Components Thereof; Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cut-To-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review; 2019
• Welded Line Pipe From the Republic of Korea and the Republic of Turkey: Continuation of Antidumping and Countervailing Duty Orders
• Investigations; Determinations, Modifications, and Rulings, etc.: Supplemental Schedule for the Final Phase of an Anti-Dumping Duty Investigation; Silicon Metal From Malaysia
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2019
• Continuation of Suspended Antidumping Duty Investigations on Certain Cut-to-Length Carbon Steel Plate From the Russian Federation and Ukraine
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Continuation of Antidumping Duty Order
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
• Ripe Olives From Spain: Final Results of Antidumping Duty Administrative Review; 2018-2019
• Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Notice of Court Decision Not in Harmony With the Final Results in the Antidumping Duty Administrative Review; Notice of Amended Final Results
• Determination in the Less-Than-Fair-Value Investigation: Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Standard Steel Welded Wire Mesh From Mexico; Scheduling of the Final Phase of Anti-Dumping Duty Investigation
• Stainless Steel Wire Rod From Japan, Korea, and Taiwan; Institution of a Five-Year Review
• Porcelain-on-Steel Cooking Ware From China; Institution of a Five-Year Review
• Certain Pouch-Type Battery Cells, Battery Modules, and Battery Packs, Components Thereof, and Products Containing the Same; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation
• Hydrofluorocarbon Blends From China; Institution of a Five-Year Review
• Carbon Steel Butt-Weld Pipe Fittings From Brazil, China, Japan, Taiwan, Thailand; Institution of Five-Year Reviews
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U.S. Department of Commerce's Aluminum Import Monitoring System to Begin Requiring Licenses - U.S. Department of Commerce
WASHINGTON – Today (6/28/21) the U.S. Department of Commerce will begin requiring and collecting aluminum import licenses for all covered entries into the United States. This new data collection, which will be made available online, will provide Commerce, industry, and the public with greater transparency and earlier information on import trends within the aluminum sector, including surges that could indicate potential circumvention or evasion of trade measures.
As part of the rule, aluminum importers will now be required to register and obtain a license through the International Trade Administration’s Aluminum Import Monitoring (AIM) portal. The licenses are free and automatic and require importers to provide information on volume, value, expected date of importation, HTS code, and country of origin of the covered aluminum as well as to identify the country where the aluminum used in the manufacture of the imported product was most recently cast. Information on the country where imported aluminum products were smelted is also required as part of the license requirements.
The AIM system is modeled after ITA’s Steel Import Monitoring and Analysis (SIMA) system, which for nearly two decades has provided the steel industry with early indication of import trends and changing trade patterns.
A one-year grace period is currently in effect for certain reporting requirements for aluminum licenses. This one-year delay places importers on notice that they need to start collecting the necessary documentation that tracks this information within their supply chains. It will also allow the AIM system to be launched expeditiously while providing importers an adjustment period to start collecting information on country of smelt.
The AIM program was announced in December 2020 in a final rule. In March, Commerce debuted its AIM monitor with publicly available import data and will include the aggregated license data in the coming months. For more information on the rule or to view the portal, see https://www.trade.gov/updates-aluminum-import-licensing.
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New Federal Safety Standard for Upholstered Furniture Fires Goes into Effect - U.S. Consumer Product Safety Commission
WASHINGTON, D.C.— The U.S. Consumer Product Safety Commission’s (CPSC) new mandatory federal flammability standard for upholstered furniture goes into effect on June 25, 2021. Upholstered furniture manufactured, imported or reupholstered on or after that date must comply with the standard.
House Fires Are Deadly
In a house fire, a consumer has just minutes to escape before their home is engulfed in flames. Upholstered furniture in a house fire is frequently the first thing to catch fire, presents a significant source of fuel for fires, and is associated with about 390 deaths each year, which is 17 percent of deaths in home fires, according to CPSC’s annual Residential Fire Loss Estimates report.
What Is Upholstered Furniture?
The federal standard applies to upholstered furniture, which is furniture with an upholstered seat, back or arm and that is meant for indoor use in a home, other places of assembly or public accommodation where consumers will customarily use the upholstered furniture. What is not covered by this standard? Futons, cushions and pads used on outdoor furniture, certain durable infant and toddler products and products prescribed by a healthcare professional are excluded from the standard.
Consumers Should Look for the Label, Starting June 25, 2022
Upholstered furniture will be required to have a permanent label, stating: “Complies with U.S. CPSC requirements for upholstered furniture flammability.” CPSC recommends that manufacturers make the label easy for consumers to find and identify. CPSC will enforce the new federal label requirement beginning on June 25, 2022.
The federal standard for upholstered furniture was mandated by Congress in the 2021 COVID relief law. CPSC’s standard adopts the State of California’s furniture flammability standard, TB-117-2013, which addresses smoldering fires.
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Record High Ocean Freight Spot Rates ex-Asia - Jesse Chao/Pronto Great China Corp.
Record high ocean freight spot rates ex-Asia have seen a further major hike this week, including rises of nearly 40% this week to the US, as a month of port restrictions and congestion at Yantian and other south China ports worsen container shipping’s already severe global capacity and equipment shortages.
And with reports of actual market rates of more than $20,000 per feu, some are questioning the value of pricing indices in the current highly disrupted market – especially those based on carriers’ published rates that are largely unavailable to most shippers.
Nevertheless, Drewry’s weekly assessment across eight major East-West trades highlights that freight rates surged particularly strongly on transpacific lanes, with average spot prices to ship a 40ft container on Shanghai-New York and Shanghai-Los Angeles soaring 39% and 34% per feu, respectively – more than three times their rate last year.
And there were further rises on Asia-Europe services, with average spot rates on Shanghai-Rotterdam gaining a further 7% or $779 this week per feu – more than seven times their level last year (+626%). And spot rates on Shanghai-Genoa increased a further 6% or $603 for a 40ft box, which is 540% higher than the same period in 2020.
Rates on both New York-Rotterdam and Rotterdam-New York grew 3% this week to come in at $1,155 and $4,744 for a 40ft container, respectively.
This rises caused Drewry’s composite World Container Index across the eight major East-West trades to rise by 15.9% or $1,104 per 40ft container, which is more than four times – 332% higher – than the same week in 2020.
In its latest weekly Ocean Freight Market Update on Tuesday, freight forwarder XXXX highlighted an “extremely tight space situation” and “severe equipment shortage across all Asia origins”.
On the Asia to North America (Transpacific Eastbound – TPEB) market, it said “rate increases continue as demand far outstrips available capacity. While carriers have deployed all of their fleets, including extra-loaders and smaller vessels, port congestion and disruptions continue to cause bottlenecks and headaches for all parties involved in the supply chain.
“Meanwhile, moving rates on nearly all TPEB lanes remain at premium levels. Despite carriers’ efforts to increase capacity and keep cargo and assets moving, severe port and intermodal congestion continue to increase backlogs, slow transit time, and limit routings the carriers are able to service.”
With capacity and equipment availability “critical” and in a “severe undercapacity” it said rates would rise further from 1 July, XXXX recommends that customers “book at least 4-6 weeks prior to cargo ready date (CRD) – and book on premium services”.
With demand massively outstripping capacity ex-Asia, several sources indicate that the real price to move a box urgently is now around twice the listed level – with thousands of dollars per container in the form of premiums and surcharges needed to secure a booking. Indeed, one ocean freight specialist this week at Seko Logistics reported one rate offered by a container line of US$32,000 per feu for a Shanghai-LA shipment. Although he said this price level was “an outlier”, he said there had been several reports of $25,000 per feu to get a box moved.
Meanwhile, as already reported in Lloyd’s Loading List, already sky-high ocean freight spot rates are expected to rise further on Asia-Europe services this week, as the demand for capacity and equipment continues to higely outstrip supply and port restrictions and congestion at Yantian and other south China ports further add to the capacity crunch.
XXXX highlighted that “there are more blank sailings coming up in June-July and no improvement in equipment status”, noting that carriers already “have a sizable backlog and are not able to accommodate their booking intake”.
Following a “significant” rate increase on 15 June, XXXX expects “rates will go up further moving into July”, as Yantian port restrictions and congestion continue to cause further disruption – with omissions and diversions to alternative ports “as further aggravations”.
With an “extremely tight space situation” and “severe equipment shortage across all Asia origins”, XXXX recommends that customers “book at least 4-5 weeks prior to cargo ready date (CRD), consider the limited premium options”, and “adopt flexibility on equipment substitution”.
This latter observation mirrors comments by container line Maersk, which this week said the availability of empty containers for exports in southern China was also a mounting problem, especially for 40ft units, highlighting: “We see 40 GP and 40 HC empty supply is negatively impacted with massive vessel delays and omissions in Yantian and Shekou. Customers are encouraged to amend to 20 GP as an alternative in Yantian and Shekou.”
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Fireworks-Related Injuries and Deaths Spiked During the COVID-19 Pandemic - U.S. Consumer Product Safety Commission
Fireworks Safety Is Critical for 4th of July Celebrations
WASHINGTON, D.C. –The nation saw a large increase in people being hurt and killed by fireworks last year. Many municipalities cancelled July 4th public fireworks displays during the COVID- 19 pandemic, which may have spurred consumers to use fireworks on their own.
“These tragic deaths and injuries are reminders of just how dangerous fireworks can be,” said CPSC Acting Chairman Robert Adler. “Consumers should enjoy professional fireworks displays from a distance, and be extra vigilant when using consumer-type fireworks.”
A new report by the U.S. Consumer Product Safety Commission (CPSC) finds a 50 percent increase in deaths and injuries from fireworks-related incidents in 2020, compared to 2019.
At least 18 people died from fireworks-related incidents in 2020, compared to 12 reported for the previous year.
About 15,600 people were treated in hospital emergency departments for fireworks injuries in 2020. There were about 10,000 ER-treated fireworks injuries in 2019.
Other important highlights from CPSC’s report:
• Of the 18 deaths, 8 of the victims (44 percent) had used alcohol or drugs prior to the incident.
• Most fireworks-related injuries (about 66 percent) occurred in the month surrounding the July 4th holiday (from June 21, 2020 to July 21, 2020). During that one-month period:
o Severe injuries related to fireworks increased in 2020. More consumers were admitted to the hospital, or were transferred to another hospital for treatment, due to severe fireworks injuries in 2020 (21 percent) versus 2019 (12 percent).
o Young adults ages 20-24 saw the biggest spike in visits to the hospital emergency room for fireworks-related injuries, compared to any age group last year, 17 injuries per 100,000 people in 2020 versus 2.8 per 100,000 people in 2019.
o Firecrackers were the biggest source of ER-treated fireworks injuries (1,600), followed by sparklers (900).
o The parts of the body most often injured were hands and fingers, at 30 percent. The head, face and ears were the second most injured body parts, at 22 percent. Eye injuries were third at 15 percent.
o Burns were the most common fireworks-related, emergency room-treated injury, at 44 percent.
Tips to Celebrate Safely
• Never allow young children to play with or ignite fireworks, including sparklers. Sparklers burn at temperatures of about 2,000 degrees Fahrenheit—hot enough to melt some metals.
• Keep a bucket of water or a garden hose handy, in case of fire or other mishap.
• Light fireworks one at a time, then move away from the fireworks device quickly.
• Never try to relight or handle malfunctioning fireworks. Soak them with water, and throw them away.
• Never place any part of your body directly over a fireworks device when lighting the fuse. Move to a safe distance immediately after lighting fireworks.
• Never point or throw fireworks (including sparklers) at anyone.
• After fireworks complete their burning, to prevent a trash fire, douse the spent device with plenty of water from a bucket or hose before discarding the device.
• Make sure fireworks are legal in your area, and only purchase and set off fireworks that are labeled for consumer (not professional) use.
• Never use fireworks while impaired by alcohol or drugs.
For more fireworks safety tips, visit www.cpsc.gov.