USTR Extends Expiring China 301 Tariff Exclusions on Certain Medical Care Products Through November 14, 2021 - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The Office of the United States Trade Representative (“USTR”) announced that it is temporarily extending the China 301 tariff exclusions on 99 medical care products through November 14, 2021.
On December 29, 2020, in response to the evolving COVID-19 situation, the USTR had announced that it was extending expiring China 301 tariff exclusions on certain medical care products and designating certain additional such exclusions for the period January 1, 2021 through March 31, 2021. Such exclusions (99 in total) were subsequently extended through September 30, 2021.
In an August 27, 2021 notice, the USTR sought comments from the public as to whether each of these exclusions should further extended in light of COVID-19 developments. The due date for comments was September 27, 2021. In order to provide ample time for the review of comments, the USTR is extending these exclusions, on an interim basis, until November 14, 2021.
Further background on this action (including a link to the specific products impacted) can be accessed at: https://www.gdlsk.com/ustr-extends-certain-china-301-exclusions-and-designates-additional-exclusions-for-the-period-january-1-march-31-2021/
Please do not hesitate to contact Arthur Bodek or any of our attorneys for further information.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Steel Concrete Reinforcing Bar From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review and Rescission, in Part; 2018
• Request for Comments: Notice of Request for Public Comments on Section 232 National Security Investigation of Imports of Neodymium-Iron-Boron (NdFeB) Permanent Magnets
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Forged Steel Fittings From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019
• Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019
• Certain Cold-Rolled Steel Flat Products of Brazil: Postponement of the Expedited Sunset Review of the Countervailing Duty Order
• Certain Corrosion-Resistant Steel Products From Italy: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
• Application(s) for Duty-Free Entry of Scientific Instruments: Rice University, et. al; Application(s) for Duty-Free Entry of Scientific Instruments
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Chemical Mechanical Planarization Slurries and Components Thereof; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Glycine From Japan: Final Results of Antidumping Duty Administrative Review; 2018-2020
• Limitations of Duty- and Quota-Free Imports of Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries From Regional and Third-Country Fabric
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Thermal Paper From Germany: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
• Thermal Paper From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
• Certain Frozen Warmwater Shrimp From India: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
• Thermal Paper From Japan: Final Affirmative Determination of Sales at Less Than Fair Value
• Thermal Paper From Spain: Final Determination of Sales at Less Than Fair Value
• Determination of Sales at Less Than Fair Value: Certain Mobile Access Equipment and Subassemblies Thereof 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
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Tissue Paper From China; Scheduling of Expedited Five-Year Review
• Hearing: Request for Comments and Public Hearing About the Extension Review of the Safeguard Action on Imports of Certain Crystalline Silicon Photovoltaic Cells
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Mexico Textile and Apparel Imports Approved for the Electronic Certification System (eCERT)
SUMMARY: This document announces that the certification requirement for certain imports of textile and apparel goods from the United Mexican States (Mexico) that are eligible for preferential tariff treatment under a tariff preference level (TPL) will be accomplished through the Electronic Certification System (eCERT). Specified quantities of certain textile and apparel imports from Mexico that are eligible for preferential tariff treatment under a TPL must have a valid certificate of eligibility with a corresponding eCERT transmission in order for an importer to claim the preferential duty rate. As the Agreement Between the United States of America, the United Mexican States and Canada (USMCA) requires the use of an electronic system for the transmission of a certificate of eligibility and other documentation related to TPLs for goods imported into the United States, Mexico has coordinated with the United States Government (USG) to implement the eCERT process. Mexico is now ready to participate in this process and transition from the way the USG currently receives certificates of eligibility from Mexico to eCERT. This transition will not change the TPL filing process or requirements applicable to importers of record, who will continue to provide the certificate numbers from Mexico in the same manner as when currently filing entry summaries with U.S. Customs and Border Protection. The format of the certificate of eligibility numbers will remain the same for the corresponding eCERT transmissions.
DATES: The use of the eCERT process for certain Mexican textile and apparel importations eligible for preferential tariff treatment under a TPL will be effective for certain textile and apparel goods entered, or withdrawn from a warehouse, for consumption on or after October 5, 2021.
Notices: Mexico Textile and Apparel Imports Approved for the Electronic Certification System (eCERT)
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Top Safety Tips for Early Holiday Shoppers Amid Reports of Expected Toy Shortage - Consumer Product Safety Commission
2020 Data Show 9 Deaths and Nearly 150,000 ER-Treated Injuries with Children’s Toys
WASHINGTON, D.C. – Toy manufacturers are warning of potential supply-chain delays and global shipping issues due to COVID-19. Concerns about a possible toy shortage this holiday, are prompting many Americans to start their holiday shopping early.
The U.S. Consumer Product Safety Commission (CPSC) is issuing its holiday toy buying tips early this year, urging shoppers to review these safety tips BEFORE hitting the stores in person, or shopping online.
A new report released by the U.S. Consumer Product Safety Commission (CPSC) shows that in 2020, there were nine deaths and more than 149,000 toy-related, emergency department-treated injuries to children ages 14 and younger. The majority of these injuries and deaths were associated with choking on small parts of toys.
The report also shows emergency department-treated injuries associated with the following items:
• toy balls: These were related to the most emergency department-treated injuries (8% or 11,400);
• building sets (7% or 9,900);
• toy vehicles (4% or 6,200);
• non-motorized scooters: ER-injuries increased by 2.5 percent for children younger than 14, from about 35,600 in 2019, to about 36,500 injuries in 2020.
CPSC recommends these simple safety tips before purchasing toys:
• Choose age-appropriate toys that match the child's interests and abilities. Always read and heed the label to determine whether a toy is age-appropriate for the child.
• Keep small balls, high-powered magnets, and toys with small parts or button batteries away from children younger than age 3.
• Keep deflated balloons away from children younger than 8 years old, and immediately discard balloons that won’t inflate, or have popped.
• Get safety gear, including helmets for scooters and other riding toys. Helmets should be worn properly at all times and be sized to fit.
• Take note of safety warnings, information, and labels.
Online shopping continues to be popular, convenient, and a safe alternative this season. Adults should follow additional toy safety tips when shopping online:
• Always shop from stores and online retailers you know and trust.
• Look for a choking hazard warning or statements, especially when purchasing toys and games online that contain small parts, such as balls, marbles and balloons.
• Check for additional safety information from online sellers, especially when shopping for kids.
• To avoid counterfeits, scrutinize the product, the packaging and the label. If the price seems too good to be true, this could be a sign that the product is counterfeit.
• Look for a certification mark from an independent testing organization and the manufacturer’s label.
Before purchasing a new or used toy, consumers should check that the toy has not been banned or recalled. This can easily be confirmed at www.cpsc.gov/recalls, or by downloading the free CPSC Recalls App in the App Store or Google Play. Whenever possible, register the toy with the company after purchase.
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OTEXA: Announcements - Office of Textile & Apparel
[09/28/2021] – The Office of the U.S. Trade Representative (USTR) announced a 45-day extension of certain product exclusions on medical-care and/or COVID response products from additional Section 301 duties. The extension, through November 14, 2021, will provide time to review public comments received regarding certain exclusions for products related to COVID–19 that are subject to additional tariffs under Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. See 86 FR 48280 regarding the request of public comments and 85 FR 85831 for lists of products.
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Department of Homeland Security Partners with Environmental Protection Agency to Enforce Phasedown of Climate-Damaging HFCs - Department of Homeland Securities
WASHINGTON – Today (9/23/21), the Department of Homeland Security (DHS) and the Environmental Protection Agency (EPA) announced a new interagency task force that will guard against the illegal importation of hydrofluorocarbons (HFCs). HFCs are potent greenhouse gases with global warming potential that can be thousands of times greater than carbon dioxide. A global phasedown of HFCs could meaningfully prevent the development of adverse global warming effects over the next century.
“Using an all-hands-on-deck approach, we must urgently address the climate crisis that is threatening both our national and economic security, and our way of life,” said Secretary Alejandro N. Mayorkas. “We look forward to working with the EPA and our other government partners to ensure that importers do not undermine our emissions-reduction targets or put businesses who are complying with the rules at a competitive disadvantage.”
“President Biden has made it clear, it’s going to take a whole-of-government approach to tackle the climate crisis and curb global warming,” said EPA Administrator Michael S. Regan. “That’s why this partnership with DHS is so important as we work to cut these climate super pollutants, protect our environment, foster American innovation and boost our economy.”
The American Innovation and Manufacturing Act (AIM Act), enacted in 2020, directs the EPA to address the adverse environmental effects of HFCs by, among other things, phasing down HFC production, consumption, and importation. Earlier today, the EPA issued its first regulations to implement the AIM Act’s phasedown. DHS, through U.S. Customs and Border Protection and Immigration and Customs Enforcement, will work with the EPA’s Office of Air and Radiation and Office of Enforcement and Compliance Assurance to stop illegal HFC imports into the United States, including by preventing the exploitation of U.S. customs laws.
The launch of this joint initiative to enforce the phasedown of HFCs builds on DHS and the EPA’s long-standing, successful collaboration on preventing illegal imports that threaten the environment, including imports of ozone-depleting substances and vehicles that fail to comply with Clean Air Act standards.
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USITC Makes Determination in Five-Year (Sunset) Review Concerning Petroleum Wax Candles from China - US International Trade Commission
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of petroleum wax candles from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place.
Chair Jason E. Kearns and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative. Vice Chair Randolph J. Stayin did not participate in this review.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission’s public report Petroleum Wax Candles from China (Inv. No. 731-TA-282 (Fifth Review), USITC Publication 5232, October 2021) will contain the views of the Commission and information developed during the review.
The report will be available by November 2, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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CBP Officers Intercept Methamphetamine Worth Over $24M at the Camino Real Cargo Facility - U.S. Customs & Border Protection
EAGLE PASS, Texas—U.S. Customs and Border Protection (CBP), Office of Field Operations (OFO) officers at the Eagle Pass Camino Real Cargo Facility seized methamphetamine with a street value of over $24,000,000 in one enforcement action.
“Although anti-terrorism is our primary mission, CBP officers continue to maintain their vigilance to ensure commercial entries are safe and free of contraband, as this narcotics seizure illustrates,” said Port Director Paul Del Rincon, Eagle Pass Port of Entry.
The enforcement action occurred on Thursday, September 23 at the Camino Real Cargo Facility when CBP officers assigned to the cargo facility encountered a 2010 Freightliner tractor hauling an empty box trailer arriving from Mexico. The tractor and trailer were referred for a canine, non-intrusive imaging system inspection and subsequent physical inspection resulting in the discovery of 1,221 pounds of alleged methamphetamine within the walls of the trailer.
The narcotics have an estimated street value of $24,426,968.
CBP officers seized the tractor, trailer and narcotics.