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Proposed Revocation of One Ruling Letter and Proposed Revocation of Treatment Relating to the Tariff Classification of Three "Power Ranger" Costume Accessory Sets - Customs Bulletin Weekly
AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: Notice of proposed revocation of one ruling letter and proposed revocation of treatment relating to the tariff classification of three “Power Ranger” Costume Accessory Sets.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. § 1625(c)), as amended by section 623 of title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises interested parties that U.S. Customs and Border Protection (CBP) intends to revoke one ruling letter concerning tariff classification of three “Power Ranger” Costume Accessory Sets under the Harmonized Tariff Schedule of the United States (HTSUS). Similarly, CBP intends to revoke any treatment previously accorded by CBP to substantially identical transactions. Comments on the correctness of the proposed actions are invited.
DATE: Comments must be received on or before September 3, 2021.

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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Quartz Surface Products From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2018-2020
• Oil Country Tubular Goods From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Cast Iron Soil Pipe From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2018-2020
• Standard Steel Welded Wire Mesh From Mexico: Antidumping Duty Order
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain High-Density Fiber Optic Equipment and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polyethylene Retail Carrier Bags From the Socialist Republic of Vietnam: Final Results of Expedited Second Sunset Review of the Countervailing Duty Order
• Oil Country Tubular Goods From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Gas Spring Nailer Products and Components Thereof; Notice of a Commission Determination To Adopt a Recommended Determination; Termination of the Modification Proceeding
• Certain Optical Enclosures, Components Thereof, and Products Containing the Same; Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Dioctyl Terephthalate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
• Certain Steel Nails From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
• Certain Steel Nails From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
• Investigations; Determinations, Modifications, and Rulings, etc.: Seamless Refined Copper Pipe and Tube From Vietnam
• Certain Foodservice Equipment and Components Thereof; Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
• Receipt of Domestic Interested Party Petition: Receipt of Domestic Interested Party Petition Concerning the Tariff Classification of Dried Onion Products
• Receipt of Domestic Interested Party Petition Concerning the Tariff Classification of Steel Table Pans
• Receipt of Domestic Interested Party Petition Concerning the Tariff Classification of Mixtures of Dried Garlic and Dried Onion
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Mobile Access Equipment and Subassemblies Thereof From China; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
• Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled Into Other Products: Extension of Action

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Commission Questions Shipping Lines About Surcharges - Federal Maritime Commission
The Federal Maritime Commission has launched an expedited inquiry into the timing and legal sufficiency of ocean carrier practices with respect to certain surcharges.
Eight ocean carriers are being asked to provide the Commission’s Bureau of Enforcement (BoE) with details about congestion or related surcharges they have implemented or announced.
BoE has given the ocean carriers until August 13, 2021, to provide details that confirm any surcharges were instituted properly and in accordance with legal and regulatory obligations.
This action was taken in response to communications received by the Commission from multiple parties reporting that ocean carriers are improperly implementing surcharges. The companies contacted are CMA CGM, Hapag-Lloyd, HMM, Matson, MSC, OOCL, SM Line; and Zim. Each ocean carrier was identified as having recently implemented or announced congestion or related surcharges.
Ocean carriers are subject to specific requirements related to tariff changes or rate increases, including providing a 30-day notice to shippers and ensuring that published tariffs are clear and definite.
In reviewing ocean carrier responses, the Commission will determine if surcharges were implemented following proper notice; if the purpose of the surcharge was clearly defined; if it is clear what event or condition triggers the surcharge; and is it clear what event or condition has been identified that would terminate the surcharge. The Commission can initiate enforcement actions for improperly established tariffs.
“The COVID-related spike in demand for imports has pushed cargo rates to record highs,” said Chairman Maffei. “Now, we hear increasing reports of ocean carriers assessing new additional fees, such as ‘congestion surcharges,’ with little notice or explanation.”
“The congestion is due mostly to the tremendous volume of traffic coming from ocean carriers and through ports to satisfy the record demand for imports. Far from being a sudden occurrence or isolated to a port or geographical area, congestion of the freight transportation system is everywhere and has been going on for many months. It seems to me that these factors would already have been included into the record high rates charged by the carriers. As Chairman, I want to know the carriers’ justifications for additional fees and I strongly support close scrutiny by the FMC’s Bureau of Enforcement aimed at stopping any instance where these add-on fees may not fully comply with the law or regulation,” concluded Chairman Maffei.

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CBP Officers Seize 2.8 Tons of Methamphetamine and Fentanyl at the Otay Mesa Commercial Facility - U.S. Customs & Border Protection
OTAY MESA, Calif. — U.S. Customs and Border Protection (CBP) officers at the Otay Mesa Commercial Facility discovered 2.8 tons of methamphetamine and fentanyl powder hidden within a shipment of plastic household articles. This is the largest methamphetamine drug smuggling seizure along the southwest border, to date.
On Thursday, August 5, 2021, at approximately 5:24 p.m., CBP officers encountered the driver of a tractor and trailer hauling a shipment of plastic household articles. During the inspection, a CBP officer referred the driver along with the shipment for an intensive examination.
CBP officers screened both tractor and trailer using the port’s imaging system which is similar to an x-ray scan and found anomalies within the trailer. Further examination was required at the inspectional dock, a CBP canine team screened and received indication there were narcotics inside of the trailer. CBP officers searched the cargo and discovered a combination of 414 packages consisting of methamphetamine and fentanyl concealed within boxes.
CBP officers removed approximately 5,528 pounds of methamphetamine, and 127 pounds of fentanyl powder worth an estimated $12,990,749 million U.S. dollars.
The 53-year-old Mexican male driver was arrested for the alleged narcotic smuggling attempt. CBP officers turned the driver over to U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI). The driver is currently facing federal charges and was transported to the Metropolitan Correctional Center (MCC) in San Diego.
CBP officers seized the tractor, trailer, and narcotics.
“This amount of fentanyl and methamphetamine is enough to ruin countless lives and fund transnational criminal organizations,” said Pete Flores, CBP Director of Field Operations in San Diego. “I’m proud of our officers’ efforts at all Ports of Entry within the San Diego Field Office to intercept this and all smuggling attempts.”
Criminal charges are merely allegations. Defendants are presumed innocent unless proven guilty in a court of law.
CBP officers at the border crossing in Southern California stop illegal activity while processing millions of legitimate travelers into the United States. Those statistics can be found here: CBP-enforcement-statistics

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Cargo Surge Continues at Port of Long Beach - Port of Long Beach
ACHIEVES ‘BEST JULY’ WITH ALMOST 800,000 TEUS MOVED
Resilient consumer demand continues to drive high volumes of cargo through the Port of Long Beach, which handled a record number of containers for the month of July.
Dockworkers and terminals moved 784,845 twenty-foot equivalent units (TEUs) in July, a 4.2% increase from the same month a year ago. July 2020, with 753,081 TEUs, was the previous “best July.” Imports slightly grew last month, at 382,940 TEUs, a 1.6% increase, while exports decreased 20.7% year-over-year to 109,951 TEUs. Empties moved out of Long Beach ballooned 22.8%, to 291,955 TEUs.
“Ships arrived last month to move these empty containers out of the harbor and clear valuable terminal space as we handle historic amounts of trade,” said Port of Long Beach Executive Director Mario Cordero. “These boxes are a valuable commodity in the overstressed global supply chain. Our loaded exports are likely to rebound this month.”
“Our dockworkers and industry partners have risked their health to keep the gears of our economy turning during this pandemic,” said Long Beach Harbor Commission President Steven Neal. “We thank them, and acknowledge their service as we continue a remarkable run of records at the Port of Long Beach.”
With the July result, the Port of Long Beach has broken monthly cargo records in 12 of the last 13 months. Through July, the Port has processed 5,538,673 TEUs, a 32.3% increase over the same period in 2020. For detailed cargo statistics, visit www.polb.com/stats.
The global pandemic continues to impact trade volumes. An outbreak at the Port of Yantian in China delayed some vessels that called at the Port of Long Beach in July. It is likely that increasing COVID-19 cases in Vietnam will disrupt supplies in the months ahead as factories shut down to contain outbreaks of the virus.

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Port Authority Board of Commissioners Approves New Post-Covid Deal for a Brand New $3.9 Billion Terminal 6 at John F. Kennedy Airport - Port of Authority NY/NJ
Advances JFK Vision Plan for a Unified, Modern Airport with World-Class Passenger Amenities, Expanded Taxiway and Gate Capacity, State-of-the-Art Security and Streamlined Roadway Access
Major New International Terminal Will Connect to and Expand JetBlue's Operations at Existing Terminal 5
Extensive Private Investment Will Leverage Scarce Port Authority Capital Funds; City's Extension of Airport Lease Critical to Restructured Deal
New Renegotiated Public-Private Partnership Overcomes Severe Impact of Pandemic on Air Travel
Groundbreaking Anticipated in 2022; First New Gates Will Go Live in 2025
Renderings of New Terminal 6 Available Here
Read further

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Proposed Rule to Revise Existing National GHG Emissions Standards for Passenger Cars and Light Trucks Through Model Year 2026 - U.S. Environmental Protection Agency
Rule Summary
The Environmental Protection Agency (EPA) proposed to strengthen federal greenhouse gas (GHG) emissions standards for passenger cars and light trucks by setting stringent requirements for reductions through Model Year (MY) 2026. The proposed 2023-2026 MY standards would achieve significant GHG emissions reductions along with reductions in other pollutants. The proposal would result in substantial public health and welfare benefits, while providing consumers with savings from lower fuel costs. The proposal would incentivize technology available today to make vehicles cleaner and to encourage more hybrid and electric vehicle technology.
Comment and Public Hearing Information:
To submit a comment for this proposed rulemaking, please visit regulations.gov and access the rule under Docket ID No. EPA-HQ-OAR-2021-0208.
EPA will hold a virtual public hearing on this proposal on August 25, 2021. A possible additional session will be held on August 26th if necessary to accommodate all those who wish to testify. More information and registration instructions can be found on the Public Hearing page.
 
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