PNCT open normal business hours on Friday 11/26
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Amendments to the Harmonized Tariff Schedule of the United States Take Effect January 1, 2022 - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Significant amendments to the Harmonized Tariff Schedules of the United States (HTSUS) will take effect on January 1, 2022. These changes implement a major revision to the Harmonized System (HS) nomenclature adopted by the World Customs Organization (WCO) known as “HS 2022.” A complete list of all the HS 2022 amendments published by the WCO is available here. Proposed changes to the HTSUS are set forth in USITC Pub. 5171 available here. The final version of the changes to the HTSUS will be published through a Presidential Proclamation before the end of 2021. Highlights of the changes include the following:
• New headings were created covering smartphones, novel tobacco- and nicotine-based goods, and unmanned aerial vehicles.
• The definition of “textile fabrics laminated with plastics” covered by heading 59.03 has been revised to include fabrics bonded to plastic sheets or film whether or not the plastic is visible to the naked eye in the cross section. This may favorably impact garments currently classified under HTSUS headings 6113 and 6210 which are constructed of fabric laminated with plastic.
• Headings 8462 and 7019, classifying metal forming machinery and glass fibers respectively, were modified in order to address technological advancements in those sectors since the last HS entered into force.
• A new heading 8524 was created for flat panel display modules, and a subheading covering certain flat panel display products was deleted from heading 8543.
• Headings of Chapter 15 were expanded to include microbial fats and oils.
Companies should review the upcoming changes to the HTSUS and evaluate the impact on the current HTSUS classification and duty rates of their products. With respect to goods made in China, it is not yet clear whether the U.S. Trade Representative will issue technical amendments which may add any of the new subheadings to the China 301 tariff lists.
If you have any questions regarding HS 2022 and the proposed amendments to the HTSUS, please contact one of our attorneys.
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USTR Welcomes Agreement with Turkey on Digital Services Taxes - United States Trade Representative
WASHINGTON – The Office of the United States Trade Representative welcomes today’s (/11/22/21) announcement by the Department of the Treasury that the United States has reached a political agreement with Turkey regarding the treatment of Digital Services Taxes (DSTs) during the interim period prior to full implementation of Pillar 1 of the Organization for Economic Co-operation and Development (OECD) agreement.
Under this agreement, and consistent with an earlier agreement with Austria, France, Italy, Spain, and the United Kingdom, Turkey will remove its existing DSTs prior to the entry into force of Pillar 1 of the Organization for Economic Cooperation and Development’s historic agreement on global taxation. In defined circumstances, DST liability that U.S. companies accrue during the interim period will be creditable against future income taxes accrued under Pillar 1 of the OECD agreement.
In return, the United States will terminate the currently-suspended additional duties on goods of Turkey that had been adopted in the DST Section 301 investigation. USTR is proceeding with the formal steps required to terminate this Section 301 trade action, and in coordination with Treasury, will monitor implementation of the agreement going forward.
The Joint Statement from the United States and Turkey Regarding a Compromise on a Transitional Approach to Existing Unilateral Measures During the Interim Period Before Pillar 1 is in Effect may be found here.
The United States remains hopeful that India, the other country covered by the DST investigations, will join a similar agreement.
The Federal Register notice terminating the previously-suspended additional duties on goods of Austria, France, Italy, Spain, and the United Kingdom that had been adopted in the Section 301 investigations of those countries’ digital services taxes may be found here.
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Federal Register Notices:
• Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Procedures for Submitting Request for Exclusions From the Section 232 National Security Adjustments of Imports of Steel and Aluminum
• Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Procedures for Submitting Requests for Objections From the Section 232 National Security Adjustments of Imports of Steel and Aluminum
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Thermal Paper From Germany, Japan, the Republic of Korea, and Spain: Antidumping Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Emulsion Styrene-Butadiene Rubber From Czechia, Italy, and Russia; Institution of Anti-Dumping Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Casual Footwear and Packaging Thereof; Commission Determination Not To Review Two Initial Determinations To Add Certain New Respondents, To Partially Terminate the Investigation With Respect to Certain Other Respondents, and To Extend the Target Date
• Certain Capacitive Touch Sensing Systems, Capacitive Touch Sensing Controllers, Microcontrollers With Capacitive Touch Sensing Functionality, and Components Thereof; Commission Determination Not To Review Two Initial Determinations Terminating an Investigation Based on Settlement Agreements; Termination of Investigation
• Rules: Extension and Amendment of Import Restrictions Imposed on Archaeological and Ethnological Material of Greece
• Determination of Sales at Less Than Fair Value: Raw Honey from Ukraine: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Raw Honey From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Raw Honey from India: 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
• Urea Ammonium Nitrate Solutions From the Republic of Trinidad and Tobago and the Russian Federation: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
• Raw Honey From Argentina: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
• Raw Honey From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional MeasuresAntidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Amorphous Silica Fabric Between 70 and 90 Percent Silica, From the People's Republic of China: Initiation of Circumvention Inquiry of Antidumping and Countervailing Duty Orders-70-90 Percent Amorphous Silica Fabric
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Temporary Adjustment of the TMF at Ports of Los Angeles and Long Beach - PierPass
LONG BEACH, Calif., November 10, 2021—The West Coast MTO Agreement (WCMTOA) today announced that the Traffic Mitigation Fee (TMF) at the Ports of Los Angeles and Long Beach will be temporarily adjusted from December 1, 2021, through January 31, 2022, subject to regulatory clearance by the Federal Maritime Commission. During this period, there will be a financial incentive to move containers during off-peak hours by charging a TMF during peak hours. Today’s announcement makes no changes to the appointment systems operated by individual terminals.
The adjustment comes at the request of the Port Envoy to the Biden-Harris Administration Supply Chain Disruptions Task Force, as well as the Executive Directors of the Ports of Los Angeles and Long Beach, as part of a collaborative effort to incentivize increased use of marine terminal gates during off-peak hours. The action is part of an overall effort to expand the use of warehouses, distribution centers, and trucking during the second and third shifts for the final push of holiday goods in December and into January leading to Lunar New Year.
From December 1, 2021, through January 31, 2022, the TMF will be $78.23 per TEU (twenty-foot equivalent unit) or $156.46 for all other sizes of container for non-exempt international container moves through the terminals at the ports of Los Angeles and Long Beach between the hours of 7:00 a.m. and 5:59 p.m. Monday through Friday.
Containers exempt from the TMF include empty containers; import cargo or export cargo that transits the Alameda Corridor in a container and is subject to a fee imposed by the Alameda Corridor Transportation Authority; domestic and transshipment cargo; and loaded container moves through the terminals from 6:00 p.m. through 6:59 a.m. Monday through Saturday and all day (24 hours) on Saturdays, Sundays, and holidays. Empty chassis and bobtail trucks are also exempt.
PierPASS is a not-for-profit company created by marine terminal operators at the Port of Los Angeles and Port of Long Beach to address multi-terminal issues such as congestion, air quality and security. The West Coast Marine Terminal Operator Agreement (WCMTOA) is filed with the Federal Maritime Commission, and comprises the 12 international MTOs serving the Los Angeles and Long Beach ports. For more information, please see www.pierpass.org.
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TSA Expects Surge in Travel Volume for Thanksgiving, Stresses Importance of Preparedness - Transportation Security Administration
WASHINGTON —The Transportation Security Administration (TSA) expects airport security checkpoints nationwide will be busy during the upcoming Thanksgiving travel period, which runs from Friday, Nov. 19, through Sunday, Nov. 28, and the agency is prepared to handle the increase in passenger volume for the holiday. TSA expects to screen about 20 million passengers during the Thanksgiving holiday.
“We anticipate that travel may be very close to pre-pandemic levels this holiday, and we are staffed and prepared for the holiday travelers. We have deployed technologies that enhance detection capabilities and reduce physical contact, and it’s equally important that passengers are prepared with travel tips for the most efficient checkpoint experience,” said TSA Administrator David Pekoske. “With overall vaccination rates improving nationwide and greater confidence in healthy travel, there will be more people traveling so plan ahead, remain vigilant and practice kindness.”
Typically, the busiest days during the Thanksgiving travel period are the Tuesday and Wednesday prior to Thanksgiving and the Sunday afterward. The highest travel day in TSA’s history was the Sunday after Thanksgiving of 2019 (pre-pandemic), when nearly 2.9 million individuals were screened at TSA security checkpoints nationwide. Travel volume this year is not expected to reach pre-pandemic levels, but it is expected to be notably higher in the weeks leading up to Thanksgiving.
The best way to ensure a smooth trip through the security screening process is to arrive early and be prepared. Travelers are encouraged to allow time to park their cars or return rental cars, check their bags with their airline, and get their boarding passes before heading to the security checkpoint. TSA recommends travelers getting to the terminal with plenty of time before their scheduled flight.
“I recommend that travelers pay attention to the guidance that the TSA officers are providing at the checkpoint,” Pekoske added. “They may be directing you to a shorter line or guiding you around someone who is moving slowly. And they may be giving you some advice that will lessen the likelihood that you’ll need a pat-down.”
Additionally, travelers should keep these tips in mind:
1. Wear a mask. Travelers, TSA personnel, and other aviation workers are required to wear a mask as prescribed by the federal mask mandate. Everyone in airports, bus and rail stations, on passenger aircraft, public transportation, passenger railroads, and over-the-road buses operating on scheduled fixed-routes must wear a mask. If a traveler did not bring a mask, a TSA officer will offer a mask to that individual at the screening checkpoint.
2. Pack smart. Prepare for security when packing and ensure that there are no prohibited items in baggage. Know which foods should go into a checked bag. Gravy, cranberry sauce, wine, jam, and preserves should all go into a checked bag, because they are not solids. If you can spill it, spray it, spread it, pump it or pour it, then it's not a solid and should be packed in a checked bag. As always, passengers can bring solid foods such as cakes and other baked goods through the checkpoints.
3. It’s okay to bring hand sanitizer. TSA is currently allowing travelers to bring one liquid hand sanitizer container up to 12 ounces per passenger in carry-on bags until further notice. Passengers can expect all containers larger 3.4 ounces will need to be screened separately, which will add some time to their checkpoint experience. Travelers also are permitted to bring alcohol wipes or anti-bacterial wipes in carry-on, checked luggage, or both.
4. Enroll in or renew your TSA PreCheck® membership. Individuals who obtained TSA PreCheck five years ago are now able to renew their membership online at a discount. Individuals who do not have TSA PreCheck should enroll now to get TSA PreCheck benefits, available at more than 200 U.S. airports. Travelers enrolled in a trusted traveler program, like TSA PreCheck, do not need to remove shoes, laptops, liquids, belts and light jackets. TSA PreCheck membership is more valuable now than ever before because it reduces touchpoints during the pandemic and puts travelers in security lines that have fewer travelers and move quicker, which encourages social distancing. To find the trusted traveler program that best suits your travel needs, use the DHS trusted traveler comparison tool.
5. Request passenger support. Travelers or families of passengers with disabilities and/or medical conditions may call the TSA Cares helpline toll free at 855-787-2227 at least 72 hours prior to flying with any questions about screening policies, procedures and to find out what to expect at the security checkpoint. TSA Cares also arranges assistance at the checkpoint.
6. Get your questions answered before you head to the airport. Ask TSA. Travelers can get assistance in real time by submitting their questions and comments to @AskTSA on Twitter or Facebook Messenger. Travelers can also reach the TSA Contact Center at 866-289-9673. Staff is available from 8 a.m. to 11 p.m. on weekdays and 9 a.m. to 8 p.m. on weekends/holidays; and an automated service is available 24 hours a day, seven days a week.
7. Ensure you have proper ID. Before heading to the airport, travelers should make sure they have acceptable identification. Identity verification is an important step in the security screening process.
8. Remain aware. As a reminder, public awareness is key for supporting TSA’s security efforts. Travelers are encouraged to report suspicious activities, and remember: If You See Something, Say Something™. For additional information about TSA’s screening policies, visit www.tsa.gov.
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CBP & HSI at JFK Warning the Public About Counterfeit Ahead of Black Friday - U.S. Customs & Border Protection
JAMAICA, N.Y. — On November 18, 2021, U.S. Customs and Border Protection (CBP) and Homeland Security Investigations (HSI) in New York hosted a joint media event highlighting counterfeit goods. Just in time for Black Friday, Cyber Monday and the rest of the holiday shopping madness, HSI and CBP offered a presentation about counterfeit goods and how consumers can protect themselves from purchasing “knockoffs” of brand-name items.
“CBP’s primary mission is to protect our nation while facilitating legitimate travel and trade. This includes protecting consumers from unsafe goods. We execute this mission by partnering with industry, HSI, other federal agencies and foreign governments to detect and intercept cross-border trade in these harmful and dangerous illicit goods,” said Frank Russo, Director of CBP’s New York Field Office. “The risks associated with purchasing counterfeit good are sizable. The lower prices you pay may come with a high cost to you and your family.”
“Shoppers this holiday season need to be on the lookout for potentially hazardous products while hunting for an online deal. Besides the potential danger of faulty electronics or tainted personal care products, you will also be wasting your hard-earned money on fake branding. Buying from dubious websites can also put your personal and financial information at risk,” said Homeland Security Investigations (HSI) New York, Deputy Special Agent in Charge Erik Rosenblatt. “HSI is engaged globally to dismantle the transnational criminal organizations that exploit the legitimate online market, and in the end, endanger our communities.”
CBP and HSI protect businesses and consumers every day through an aggressive Intellectual Property Rights (IPR) enforcement program, and IPR enforcement remains a CBP Priority Trade Issue.
Every year, CBP seizes a wide variety of counterfeit products from all over the world. In FY 2020, CBP seized over 26,000 shipments of counterfeit goods that violated IPR worth over $1.3 billion, had the goods been genuine.
The theft of intellectual property and the trade in substandard and often dangerous goods threaten America’s economy, stifle innovation and are a danger to consumer health and safety. Further, these illicit activities fund criminal activities and support trans-national organized crime. CBP has established the Truth Behind Counterfeits educational campaign to raise consumer awareness about the health and safety, legal and economic consequences of purchasing counterfeit goods. For more information, visit www.cbp.gov/fakegoodsrealdangers.
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FTC Releases 2021 Do Not Call Registry Data Book; Reports Registrations and Consumer Complaints Both Increased in FY 2021 - Federal Trade Commission
Consumers report most unwanted calls from imposter government agencies or businesses, followed by calls about warranties and protection plans
Today, the Federal Trade Commission released the National Do Not Call Registry Data Book for Fiscal Year 2021. The FTC’s National Do Not Call (DNC) Registry lets consumers add their phone number and choose not to receive most legal telemarketing calls. In the last fiscal year, nearly three million people signed up with the DNC Registry, bringing the total close to 245 million phone numbers.
Now in its thirteenth year of publication, the Data Book also provides the most recent fiscal year information available on robocall complaints, the types of calls consumers reported to the FTC, and a complete state-by-state analysis. According to the Data Book, complaints about imposter calls again topped the list, with almost 594,000 received during the fiscal year ending on September 30, 2021, including both live calls and robocalls. In such calls, imposters falsely pose as government representatives, such as the Social Security Administration or the IRS, legitimate business entities, or as people affiliated with them.
FY 2021 Registration and Complaint Data
According to the Data Book, at the end of FY 2021, the DNC Registry contained 244.3 million actively registered phone numbers, up from 241.5 million at the end of FY 2020. The number of consumer complaints about unwanted telemarketing calls increased, from nearly four million in FY 2020 to over five million in FY 2021. Of those complaints, 68 percent concerned robocalls and 22 percent were about live telemarketing.
In FY 2021, the Commission received 3.4 million complaints about robocalls, up from 2.8 million in FY 2020. The FY 2021 total is in line with previous years, following FY 2020’s significant decline. For every month in the fiscal year, robocalls—defined under FTC regulations as calls delivering a prerecorded message—made up the majority of consumer complaints about DNC violations, with the most -- 347,000 -- coming in March of this year.
FY 2021 Data Highlights
Again this year, imposters were the topic of the robocalls consumers reported the most, with more than 496,000 complaints received. Warranties and protection plans comprised the second-most commonly reported topic, with consumers filing more than 412,000 robocall complaints. Calls about supposed debt-reduction made up the third-most commonly reported topic, followed by complaints about medical and prescription issues, and computers and technical support.
Registration and Complaint Data by State
With respect to state data, New Hampshire continues to top the nation in active DNC registrations per capita (94,642). The states reporting the most complaints per 100,000 population changed in FY 2021: the top five states were Maryland (2,028 per 100K population), Delaware (1,982 per 100K population), Arizona (1,945 per 100K population), Colorado (1,943 per 100K population), and Virginia (1,939 per 100K population).
Underlying Data Availability
The underlying data in the report is publicly available at: https://www.ftc.gov/reports/national-do-not-call-registry-data-book-fiscal-year-2021.
Information for Consumers
Information for consumers about the DNC Registry, company-specific DNC requests, and telemarketer caller ID requirements can be found on the FTC’s website, and consumers can sign up for the DNC Registry for free. Other information about robocalls and what consumers can do about them is also available. To report unwanted telemarketing calls, consumers can file a complaint at www.donotcall.gov or call 1-888-382-1222.
The Federal Trade Commission works to promote competition, stop deceptive and unfair business practices and scams, and educate consumers. Report fraud, scams, or bad business practices at ReportFraud.ftc.gov. Get consumer advice at consumer.ftc.gov. Also, follow the FTC on social media, subscribe to press releases, and read the FTC’s blogs.