CBP and Customs Administrations Agree on Strengthening Supply Chain Security - U.S. Customs & Border Protection
Diverse agreements reached with Guatemala, Colombia and Uruguay
ANAHEIM, California — Today, U.S. Customs and Border Protection (CBP) signed a Mutual Recognition Arrangement (MRA) with the customs administration of Uruguay and also signed a Joint Work Plan (JWP) with the customs administrations of Guatemala and Colombia at the Trade Facilitation and Cargo Security Summit.
“These agreements help us work more closely with our international partners to secure and facilitate the supply chain across the globe,” said CBP Commissioner Chris Magnus. “This gives American consumers, workers, and manufacturers confidence in the safety and availability of the products we need.”
For the event, Commissioner Magnus hosted Werner Ovalle Ramirez, Customs Director of Guatemala’s Superintendencia de Administracion Tributaria; Ingrid Diaz, Director for the Direccion de Impuestos y Aduanas Nacionales de Colombia; and Jaime Borgiani, Director General for the Direccion Nacional de Aduanas de Uruguay.
MRAs are bilateral understandings between two Customs Administrations providing a platform for the exchange of membership information and recognizes the compatibility of the respective supply chain security program. A JWP is a document that lays out the path towards MR between the two customs administration’s Authorized Economic Operator (AEO) programs. A JWP shows commitment from both programs, requires high level support, and lays out detailed steps towards MRA. At the completion of a JWP, both customs administrations will determine if an MRA is feasible and should be pursued.
The document, referred to as an “arrangement,” indicates that the security requirements or standards of the foreign industry partnership program, as well as its verification procedures, are the same or like those of the Customs Trade Partnership Against Terrorism (CTPAT) program.
The essential concept of MR is that CTPAT and the foreign Customs Administration program have established a standard set of security requirements which allows one business partnership program to recognize the validation findings of the other program which benefits both Customs Administrations and the private sector participants.
CTPAT is a voluntary public-private sector partnership program which recognizes that CBP can provide the highest level of cargo security only through close cooperation with the principle stakeholders of the international supply chain such as importers, carriers, consolidators, licensed customs brokers, and manufacturers.
When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain.
CTPAT continues international efforts with international partners to consistently provide tangible benefits while not compromising security and ensuring trade facilitation. CTPAT is committed to international cooperation and coordination to consistently strengthen and secure global supply chains and to further global standardization of AEO programs.
________________________________________________________________________________
Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review and Intent To Revoke Order
• Certain Aluminum Foil From the People's Republic of China: Initiation of Circumvention Inquiries of the Antidumping Duty and Countervailing Duty Orders
• 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-To-Length Plate From Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, South Africa, South Korea, Taiwan, and Turkey; Scheduling of Full Five-Year Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Exercise Systems, Stationary Bicycles and Components Thereof and Products Including Same; Notice of the Commission's Determination Not To Review an Initial Determination Terminating the Investigation on the Basis of Settlement; Termination of the Investigation
• Initiation of Antidumping and Countervailing Duty Administrative Reviews; Amendment of Notice
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Magnesia Carbon Bricks From the People's Republic of China: Notice of Covered Merchandise Referral and Initiation of Covered Merchandise Inquiry
• Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Citric Acid and Certain Citrate Salts From Colombia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Heavy Walled Rectangular Welded Steel Pipes and Tubes From Mexico: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Rotating 3-D LiDAR Devices, Components Thereof, and Sensing Systems Containing the Same; Institution of Investigation
________________________________________________________________________________
Urea Ammonium Nitrate Solutions from Russia and Trinidad and Tobago do not Injure U.S. Industry, says USITC - International Trade Commission
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of urea ammonium nitrate solutions from Russia and Trinidad and Tobago that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the negative.
As a result of the Commission’s negative determinations, Commerce will not issue countervailing duty orders and antidumping duty orders on imports of this product from Russia and Trinidad and Tobago.
The Commission’s public report Urea Ammonium Nitrate Solutions from Russia and Trinidad and Tobago (Inv. Nos. 701-TA-668-669 and 731-TA-1565-1566 (Final), USITC Publication 5338, August 2022) will contain the views of the Commission and information developed during the investigations.
The report will be available by August 22, 2022; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
------------------------------------------------------------------------------------
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Urea Ammonium Nitrate (UAN) Solutions from Russia and Trinidad and Tobago
Investigation Nos: 701-TA-668-669 and 731-TA-1565-1566 (Final)
Product Description: Urea ammonium nitrate solutions (UAN) are a class of nitrogen fertilizers primarily composed of urea, ammonium nitrate, and water. The production of UAN uses natural gas as the primary input to manufacture ammonia, which is subsequently and separately transformed into urea and ammonium nitrate. These two kinds of nitrogen fertilizers are then mixed in roughly equal amounts with water to yield a solution with 28-32 percent nitrogen content. Urea and ammonium nitrate provide crop nutrition at different stages of plant growth. As a liquid, UAN can easily be blended with other fertilizers and pesticides during application. The current popularity of UAN use in its major markets of the United States and Europe is incentivized where transportation, storage, and distribution infrastructure is available.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping duty investigations.
2. CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra International (Oklahoma) LLC, all of Deerfield, Illinois.
3. USITC Institution Date:Wednesday, June 30, 2021.
4. USITC Hearing Date: Thursday, June 16, 2022.
5. USITC Vote Date: Monday, July 18, 2022.
6. USITC Notification to Commerce Date: Monday, August 1, 2022.
U.S. Industry in 2021:
1. Number of U.S. producers: 8.
2. Location of producers’ plants: Alabama, Florida, Georgia, Illinois, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Ohio, Oklahoma, Oregon, Washington, and Wyoming
3. Production and related workers:1,473.
4. U.S. producers’ U.S. shipments: $3.0 billion.
5. Apparent U.S. consumption:$3.7 billion.
6. Ratio of subject imports to apparent U.S. consumption by value:14.4 percent.
U.S. Imports in 2021:
1. Subject imports: $539.9 million.
2. Non-subject imports: $184.9 million.
3. Leading import sources: Russia, Trinidad and Tobago, Canada, Algeria, and the Netherlands.
________________________________________________________________________________
Industry Advisory — Interim Procedures for Submitting “Charge Complaints” Under 46 U.S.C. § 41310 - The Federal Maritime Commission
The Federal Maritime Commission gives the following guidance for parties wishing to dispute charges assessed by common carriers that they believe may not comply with the Ocean Shipping Reform Act of 2022, which became Public Law 117-146 on June 16, 2022.
Parties interested in filing such “Charge Complaints” at the Commission may do so by following the below steps:
• Identifying the common carrier
• Identifying the specific alleged violations of 46 U.S.C. §§ 41102 and/or 41104(a)
• Gathering and submitting supporting documentation, as appropriate, including:
o Invoices
o Bill of Lading Numbers
o Evidence of whether the charge(s) have been paid
• Confirming that the disputed charge was incurred on or after the enactment of P.L. 117-146
• Submitting all relevant materials in one email (if possible) to chargecomplaints@fmc.gov
When the Commission receives sufficient information, it will promptly initiate an investigation, which could ultimately result in a civil penalty and order for a refund of charges paid.
Investigations by the Commission are for law enforcement purposes and do not constitute representation as attorney for the complainant or a guarantee of refunds. If the filer chooses to pursue and control their own legal case, including with the assistance of their own attorney if desired, they may do so under 46 U.S.C. § 41301(a) and Part 502 of the Commission’s regulations.
To do so, filers must submit a formal or informal complaint. Persons may also seek alternative dispute resolution services by contacting the Office of Consumer Affairs and Dispute Resolution.
This guidance communicates the timely implementation of a self-executing provision of PL 117-146. The Commission reserves the right to amend processes related to “Charge Complaints” at any time.
________________________________________________________________________________
Federal Trade Commission, National Labor Relations Board Forge New Partnership to Protect Workers from Anticompetitive, Unfair, and Deceptive Practices - New Agreement Will Strengthen Collaboration Between the Two Agencies - Federal Trade Commission
The Federal Trade Commission is joining with the National Labor Relations Board (NLRB) in a new agreement that will bolster the FTC’s efforts to protect workers by promoting competitive U.S. labor markets and putting an end to unfair practices that harm workers. The new memorandum of understanding between the two agencies outlines ways in which the Commission and the Board will work together moving forward on key issues such as labor market concentration, one-sided contract terms, and labor developments in the “gig economy.”
“I’m committed to using all the tools at our disposal to ensure that workers are protected from unfair methods of competition and unfair or deceptive practices,” said FTC Chair Lina M. Khan. “This agreement will help deepen our partnership with NLRB and advance our shared mission to ensure that unlawful business practices aren’t depriving workers of the pay, benefits, conditions, and dignity that they deserve.”
“Workers in this country have the right under federal law to act collectively to improve their working conditions. When businesses interfere with those rights, either through unfair labor practices, or anti-competitive conduct, it hurts our entire nation,” said NLRB General Counsel Jennifer A. Abruzzo. “This MOU is critical to advancing a whole of government approach to combating unlawful conduct that harms workers.”
The new agreement enables the FTC and the NLRB to closely collaborate by sharing information, conducting cross-training for staff at each agency, and partnering on investigative efforts within each agency’s authority. The FTC is responsible for combatting unfair and deceptive acts and practices and unfair methods of competition in the marketplace. The NLRB is responsible for protecting employees from unfair labor practices which interfere with the rights of employees to join together to improve their wages and working conditions, to organize a union and bargain collectively, and to engage in other protected concerted activity.
The MOU identifies areas of mutual interest for the two agencies, including the extent and impact of labor market concentration; the imposition of one-sided and restrictive contract provisions, such as noncompete and nondisclosure provisions; labor market developments relating to the “gig economy” and other alternative work arrangements; claims and disclosures about earnings and costs associated with gig and other work; the impact of algorithmic decision-making on workers; the ability of workers to act collectively; and the classification and treatment of workers.
The agreement is part of a broader FTC initiative to use the agency’s full authority, including enforcement actions and Commission rulemaking, to protect workers. The FTC has made it a priority to scrutinize mergers that may harm competition in U.S. labor markets. Research shows that these markets are already highly concentrated, and less competitive labor markets can enable firms to harm workers by lowering wages, reducing benefits, and perpetuating precarious or exploitative working conditions. The FTC is working with the Department of Justice to update the agencies’ merger guidelines, looking to provide guidance on how to analyze a merger’s impact on labor markets.
The FTC has also prioritized cracking down on anticompetitive contract terms that put workers at a disadvantage by leaving them unable to negotiate freely over the terms and conditions of their employment. The agency is scrutinizing whether some of these contract terms, particularly in take-it-or-leave-it contexts, may violate the law. At recent open Commission meetings the agency has heard concerns about noncompete clauses that have been imposed on some workers, and as a result it has opened a docket to solicit public comment on the prevalence and effects of contracts that may harm fair competition. It already has taken action to protect workers in several Commission orders, including:
• Prohibiting 7-Eleven from enforcing anticompetitive noncompete agreements last year as part of an order remedying competition concerns stemming from 7-Eleven, Inc’s acquisition of Marathon’s Speedway subsidiary; and
• Prohibiting dialysis services provider DaVita, Inc. from imposing undue restrictions on kidney dialysis worker mobility as part of another FTC order remedying competitive concerns with from DaVita’s proposed acquisition of the University of Utah Health’s dialysis clinics.
In addition, the agency will continue to take action to stop deceptive and unfair acts and practices aimed at workers; particularly those in the “gig economy” who often don’t enjoy the full protections of traditional employment relationships. The FTC’s actions in this area include:
• Suing Amazon in 2021 for illegally withholding more than $61 million in tips from drivers for its Amazon Flex program. In that case, the FTC alleged that Amazon had made numerous promises to its drivers that they would receive 100 percent of their tips, but actually withheld tip money from its drivers for years. Amazon agreed to an FTC order requiring them to surrender the full amount owed, which the FTC paid to affected drivers;
• Suing Uber in 2017 for making deceptive earnings claims to potential drivers as well as deceiving them about the terms of a vehicle leasing program. The FTC alleged that the company touted median income levels in various cities that were greatly exaggerated and advertised lease and purchases prices lower than the prices actually available. Uber agreed to a federal court order requiring them to surrender $20 million that the FTC used to compensate drivers;
• Launching a proceeding to challenge bogus money-making claims used to lure consumers, workers, and prospective entrepreneurs into risky business ventures that often turn into dead-end debt traps;
• Putting more than 1,100 businesses that pitch money-making ventures on notice that if they deceive or mislead consumers about potential earnings, the FTC won’t hesitate to use its authority to target them with large civil penalties;
• Suing online lead seller HomeAdvisor, Inc., alleging it used deceptive and misleading tactics in selling home improvement project leads to service providers, including small businesspeople operating in the “gig” economy; and
• Suing fast-food chain Burgerim, accusing the chain and its owner of enticing more than 1,500 consumers to purchase franchises using false promises while withholding information required by the Franchise Rule.
Workers who believe that their labor rights have been violated can call 1-844-762-6572 for assistance filing an unfair labor practice charge. Or they can contact their closest NLRB Field Office or submit a charge on the NLRB’s website.