Uyghur Forced Labor Prevention Act Signed into Law - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On December 23, 2021, the President signed into law the compromise version of the Uyghur Forced Labor Prevention Act, passed by the House of Representatives on December 14th and by the Senate on December 16, 2021.
The text of the legislation can be accessed here.
GDLSK’s summary of the provisions of the legislation can be accessed here.
Should you have any questions in connection with the above or with respect to CBP’s ongoing forced labor enforcement generally, please do not hesitate to contact Arthur Bodek or any other of our attorneys.
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OTEXA: Announcements - Office of Textile & Apparel
[12/23/2021] – Determination to Approve CAFTA-DR Commercial Availability Request for Certain Polyester/Spandex 3-Layered Bonded Fabric (#1): CA2021001.
[12/23/2021] – Determination to Approve CAFTA-DR Commercial Availability Request for Certain 100% Polyester 3-Layered Bonded Fabric (#2):CA2021002.
[12/27/2021] – As part of E.O. 14017 to strengthen supply chains of critical materials, Export-Import Bank of the United States (EXIM) invites public comments on Potential Parameters of EXIM Financing for Domestic Projects that would establish or expand U.S. manufacturing facilities that would facilitate U.S. exports. Comments on the usefulness of such an option and need for EXIM to extend its medium and long-term loans and guarantees to domestic projects with an export connection, and the hypothetical parameters of such an EXIM program are due by January 20, 2022.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Forged Steel Fittings From Taiwan: Final 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: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
• Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Intent to Rescind Review, in Part; 2019
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
• Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019
• Aluminum Wire and Cable From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission of Review, in Part; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Commission Decision To Institute a Rescission Proceeding; Rescission of a Limited Exclusion Order and Cease and Desist Orders; Termination of Rescission Proceeding
• Certain Networking Devices, Computers, and Components Thereof ; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation on the Basis of Settlement; Termination of the Investigation
• Certain Digital Video-Capable Devices and Components Thereof; Commission Determination To Review a Final Initial Determination Finding No Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date
• Certain Playards and Strollers; Notice of Institution of Investigation
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2019-2020
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Successor-In-Interest Determination, and Final Determination of No Shipments; 2018-2020
• Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Notice of Second Amended Final Determination; Notice of Amended Order; Notice of Resumption of First and Reinitiation of Second Antidumping Duty Administrative Reviews; Notice of Opportunity for Withdrawal; and Notice of Assessment in Third Antidumping Duty Administrative Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Notice of Second Amended Final Determination; Notice of Amended Order; Notice of Resumption of First and Reinitiation of Second Antidumping Duty Administrative Reviews; Notice of Opportunity for Withdrawal; and Notice of Assessment in Third Antidumping Duty Administrative Review
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CSMS #50536327 - GUIDANCE: European Union (EU) Section 232 Tariff Rate Quota on Aluminum and Steel Articles and Exempting EU from Derivative Duties - U.S. Customs & Border Protection
BACKGROUND
On March 8, 2018, the President issued Proclamations 9704 and 9705, providing for additional import duties for aluminum and steel articles, respectively, effective March 23, 2018. On January 24, 2020, the President issued Proclamation 9980, providing for additional import duties for aluminum and steel derivative articles, effective February 8, 2020.
On December 27, 2021, A Proclamation on Adjusting Imports of Steel into the United States (Steel Proclamation) and A Proclamation on Adjusting Imports of Aluminum into the United States into the United States (Aluminum Proclamation) established a tariff rate quota (TRQ) for imports of aluminum and steel articles from the EU, effective January 1, 2022. The Steel Proclamation additionally exempts countries of the EU from additional duties on imports of aluminum and steel derivatives, effective January 1, 2022.
The functionality for the acceptance of imports of aluminum and steel articles from member countries of the EU subject to the TRQ will be available in the Automated Commercial Environment (ACE) as of 7:00 am eastern standard time, January 1, 2022.
GUIDANCE:
ALUMINUM
Effective as of 12:01 a.m. eastern standard time on January 1, 2022, imports of aluminum articles from member countries of the EU are subject to a TRQ under HTSUS subheadings 9903.85.27 through 9903.85.44. Section 232 aluminum products from the EU that are in-quota will enter free of any Section 232 duty. For more details on the TRQ, consult www.cbp.gov/trade/quota/bulletins.
All aluminum article imports from the EU in excess of the TRQ quantities shall remain subject to the 10 percent ad valorem duty rate imposed by HTSUS subheading 9903.85.01, provided they are not subject to an exclusion.
All imports of aluminum articles from the EU must be accompanied by a certificate of analysis in order to be eligible for the TRQ. Importers should submit the certificate of analysis to the Document Imaging System.
STEEL
Effective as of 12:01 a.m. eastern standard time on January 1, 2022, imports of steel articles from member countries of the EU are covered under a TRQ under HTSUS subheadings 9903.80.65 through 9903.81.19. Section 232 steel products from the EU that are in-quota will enter free of any Section 232 duty. For more details on the TRQ, consult www.cbp.gov/trade/quota/bulletins.
All steel article imports from the EU in excess of the TRQ quantities shall remain subject to the 25 percent ad valorem duty rate imposed by HTSUS subheading 9903.80.01, provided they are not subject to an exclusion.
Steel imports from the European Union must be melted and poured in a member country of the European Union in order to be eligible for the TRQ. Additional details on the melt and pour requirement will be provided when they are available.
DERIVATIVES
Effective January 1, 2022, imports of aluminum and steel derivatives from the EU, as referenced in Proclamation 9980, will no longer be subject to additional duties under HTSUS subheading 9903.80.03 or HTSUS subheading 9903.85.03 per the Steel Proclamation.
ADDITIONAL INFORMATION
In accordance with Proclamations 9704 and 9705, as amended, any subject aluminum and steel articles from the member countries of the European Union, except those eligible for admission under “domestic status” as defined in 19 CFR 146.43, that is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on March 23, 2018, must be admitted as ‘‘privileged foreign status’’ as defined in 19 CFR 146.41, and will be subject upon entry for consumption to any ad valorem rates of duty or quantitative limitations related to the classification under the applicable HTSUS subheading.
Any imports of aluminum and steel articles from the member countries of the European Union that were admitted into a U.S. foreign trade zone under “privileged foreign status” as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern daylight time on January 1, 2022, shall be subject upon entry for consumption made on or after 12:01 a.m. eastern daylight time on January 1, 2022, to the provisions of the tariff-rate quota in effect at the time of the entry for consumption.
For any aluminum and steel articles from the member countries of the European Union that were admitted into a U.S. foreign trade zone under privileged foreign status before January 1, 2022, importers should contact the Trade Remedy Branch at traderemedy@cbp.dhs.gov for special instructions before entering steel and aluminum imports while the TRQ is in-quota.
For questions regarding Section 232 trade remedies, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources):
ttps://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04.
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USITC Votes to Continue Investigations on Emulsion Styrene-Butadiene Rubber from Czechia, Italy, and Russia - U.S. International Trade Commission
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of emulsion styrene-butadiene rubber from Czechia, Italy, and Russia that are allegedly sold in the United States at less than fair value.
Chair Jason E. Kearns, Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative. Vice Chair Randolph J. Stayin did not participate in these investigations.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of emulsion styrene-butadiene rubber from Czechia, Italy, and Russia, with its preliminary antidumping duty determinations due on or about April 25, 2022.
The Commission’s public report Emulsion Styrene-Butadiene Rubber from Czechia, Italy, and Russia (Inv. Nos. 731-TA-1575-1577 (Preliminary), USITC Publication 5274, January 2022) will contain the views of the Commission and information developed during the investigations.
The report will be available after January 28, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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CPSC Launches New Online Tool to Make it Easier for Businesses to Report Hazards and to Protect Consumers; Mandatory for Fast Track Program in January 2022 - Consumer Product Safety Commission
WASHINGTON, D.C. – Firms are required to report to the U.S. Consumer Product Safety Commission (CPSC) potentially hazardous products that they manufacture, distribute, import or sell. To encourage more online reporting of these potential hazards, CPSC will require firms to use a new, upgraded online reporting system for Fast Track recalls.
“Our goal is to protect consumers, by identifying and removing hazardous products from the marketplace more quickly, and by streamlining the recall process,” said CPSC Chair Alex Hoehn-Saric. “We are extremely proud of the hard work that CPSC staff put into creating this new tool to facilitate online reporting.”
CPSC’s Fast Track program helps consumers by removing hazardous products from the marketplace quickly, and it rewards businesses that act swiftly to implement corrective action.
The updated Section 15(b) reporting system for companies, now available at Safe Products, has a user-friendly interface that includes hover-over features and guidance for firms to navigate the submission process. Firms using the new site will also receive an emailed copy of all information submitted to CPSC through the system, along with emailed case updates, deadline reminders and contact information for the CPSC staff handling their report.
This system is also mobile-friendly, so users can now submit reports and provide attachments via their smart phones or tablets. Businesses that participate in the Fast Track program will also be able to review and approve a system-generated draft recall press release before submitting their report, to help expedite the overall recall process.
Effective January 31, 2022, businesses that want to participate in the Fast Track program will be required to submit their Section 15(b) reports exclusively online through the portal. Reports received via email, fax, or mail for participation in a Fast Track recall will be rejected after this date, and the firms will be directed to resubmit their reports via the online system.
Although many of the new system features, and its mandatory use, apply specifically to Fast Track recalls, non-Fast Track filers are strongly encouraged to use the updated online system, as well. Users can easily file an initial report and can submit additional information and documents, if desired, using the system.
Visit the Fast Track information page to see how the new system can benefit companies considering a recall.
The new online business portal for the Fast Track Program can be found at www.saferproducts.gov/business