USITC Institutes Section 337 Investigation of Certain Pillows and Seat Cushions, Components Thereof - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain pillows and seat cushions, components thereof, and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Purple Innovation, LLC of Lehi, Utah on August 5, 2022. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pillows and seat cushions, components thereof, and packaging thereof that infringe patents, trademarks, and trade dress asserted by the complainant. The complainant requests that the USITC issue a limited and a general exclusion order, or in the alternative limited exclusion orders, and cease and desist orders.
The USITC has identified the following as the respondents this investigation: Here
By instituting this investigation (337-TA-1328), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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Federal Register Notices:
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp From the People's Republic of China, India, Thailand, and the Socialist Republic of Vietnam: Final Results of Expedited Third Sunset Review of Antidumping Duty Orders
• White Grape Juice Concentrate From Argentina: Preliminary Affirmative Countervailing Duty Determination
• Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Certain Amorphous Silica Fabric From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention
• Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review; 2020
• Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020
• Steel Propane Cylinders From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Utility Scale Wind Towers From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Vertical Shaft Engines Between 99cc and Up to 225cc, and Parts Thereof, From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Barium Chloride From India; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2020
• Finished Carbon Steel Flanges From India: Preliminary Results of Countervailing Duty Administrative Review; 2020
• Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2020-2021
• Stainless Steel Bar From India: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; Rescission, in Part; and Preliminary Determination of No Shipments; 2020-2021
• Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Circular Welded Carbon Steel Pipes and Tubes From Thailand: 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.: Steel Nails From Thailand; Termination of Investigation
• Wooden Bedroom Furniture From China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2020-2021
• Multilayered Wood Flooring From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review
• Certain Oil Country Tubular Goods From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
• Lemon Juice From Argentina: Continuation of Suspension of Antidumping Duty Investigation
• Certain Oil Country Tubular Goods From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
• Carbon and Alloy Steel Threaded Rod From India: Final Results of Antidumping Duty Administrative Review, 2019-2021
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USTR Receives Requests for Continuation of China 301 Tariffs - U.S. International Trade Representative
WASHINGTON – Today, the Office of the United States Trade Representative confirmed that representatives of domestic industries benefiting from the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation have requested continuation of the tariffs. Accordingly, as required by statute, the tariffs did not expire on their four-year anniversary dates and USTR will proceed with the next steps as provided in the statute.
USTR’s formal notice of the continuation may be found here. Details on the next steps in the four-year review process will be set out in subsequent notices.
In May 2022, USTR commenced the statutory four-year process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation. Because requests for continuation were received, the tariff actions have not terminated and USTR will conduct a review of the tariff actions.
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CBP Modifies Withhold Release Order on Natchi Apparel (P) Ltd. - U.S. Customs & Border Protection
With forced labor concerns addressed, CBP permits Natchi Apparel (P) Ltd. garments into the U.S.
WASHINGTON — U.S. Customs and Border Protection has modified the Withhold Release Order (WRO) against Natchi Apparel (P) Ltd. garment imports. Effective immediately, provided the imports are otherwise in compliance with U.S. law, Natchi Apparel (P) Ltd. shipments will be allowed to enter U.S. commerce. Shipments that have previously been detained will also be released.
This modification takes place a month after CBP issued the WRO on July 29, 2022, representing swift and successful collaboration between civil society and worker rights organizations, Natchi Apparel (P) Ltd. and its parent company Eastman Exports, and CBP. This collaboration plays a critical role in ensuring that imports entering the United States are free of forced labor and meet the humane and ethical standards required by U.S. customs and trade laws. It improves American economic security while upholding human rights for workers.
CBP lifted the WRO after a non-governmental organization, Eastman Exports, and Natchi Apparel (P) Ltd. provided evidence to CBP that Natchi Apparel (P) Ltd., located in India, had addressed all five of the International Labour Organization’s indicators of forced labor identified by the WRO.
“Every day, our Department leads the fight to root out forced labor from American supply chains,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Combatting these inhumane practices is a moral and economic imperative, and a challenge we must confront with a whole-of-society approach. This modification not only reflects the critical role of CBP, but it is also a testament to the important advancements made by trade unions, worker rights organizations, and workers themselves who are bravely organizing to improve their working conditions.”
The Department of Homeland Security (DHS) and CBP are committed to combatting forced labor and protecting the rights of workers around the globe and are proud to be leading efforts on that front.
“Forced labor directly threatens America’s economic security, and therefore national security. This modification recognizes that workers at Natchi Apparel (P) Ltd. are now treated with the dignity and humanity they, and workers around the world, deserve, which means greater security for American businesses and consumers,” said CBP Commissioner Chris Magnus.
The International Labour Organization estimates that 25 million workers suffer under conditions of forced labor worldwide. Bad actors use forced labor to sell goods below market value, which hurts law-abiding businesses, threatens American jobs, and exposes consumers to making unethical purchases. Civil society organizations and U.S. importers are critical to combatting forced labor use in U.S. supply chains, in partnership with CBP.
“Our efforts reinforce the dynamic work of non-governmental organizations on the ground to protect workers suffering under conditions of forced labor and of importers to source products ethically from suppliers who treat workers fairly and with dignity. Together, these provide a strong incentive to remediate forced labor conditions. This modification should serve as an example to others looking to do business with the United States,” said AnnMarie R. Highsmith, Executive Assistant Commissioner for the CBP Office of Trade.
Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise produced wholly or in part by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor. CBP detains shipments of goods suspected of being imported in violation of this statute. Importers of detained shipments must export their shipments or demonstrate that the merchandise was not produced with forced labor.
CBP has established a process through which interested parties may request the modification or revocation of a WRO or Finding. The required evidence and timeline for modification or revocation will vary depending upon the specific circumstances of each individual case. CBP will not modify a WRO or Finding until the agency has evidence demonstrating that the subject merchandise is no longer produced, manufactured, or mined using forced labor.
Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the United States can report detailed allegations through CBP’s e-Allegations Online Trade Violations Reporting System or by calling 1-800-BE-ALERT.
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Human Trafficking - Forced Labor in Global Supply Chains - International Trade Administration
All U.S. businesses play a role in preventing forced labor from entering the supply chain. Help your business monitor your supply chain’s compliance with laws and regulations.
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CPSC Approves New Federal Safety Standard for Magnets to Prevent Deaths and Serious Injuries from High-Powered Magnet Ingestion - Consumer Product Safety Commission
WASHINGTON, D.C. – In an effort to reduce the risk of children and teens experiencing serious, even life-threatening injuries from swallowing dangerous, small high-powered magnets, the U.S. Consumer Product Safety Commission (CPSC) voted to approve a new federal safety standard for magnets on September 7, 2022.
When high-powered magnets are swallowed, they can attract to each other, or to other material that attracts to magnets, through internal body tissue. This can result in perforations, twisting and/or blockage of the intestines, infection, blood poisoning and death. These injuries can occur when children and teens access and ingest the magnets, including, for example, when teens use the magnets to mimic mouth piercings and swallow them inadvertently.
The new mandatory federal standard requires loose or separable magnets in certain magnet products to be either too large to swallow, or weak enough to reduce the risk of internal injuries when swallowed; specifically, if the magnets fit in a small parts cylinder, then they must have a flux index of less than 50 kG2 mm2.
In 2014, CPSC established a mandatory federal standard for magnet sets, which have been the most concerning subset of the products subject to the new standard. However, the U.S. Court of Appeals for the Tenth Circuit overturned the mandatory standard in 2016. After the court’s ruling allowed the continued sale of magnet sets, magnet ingestions and injuries rose.
CPSC estimates 26,600 magnet ingestions were treated in hospital ERs from 2010 through 2021, and cases have been rising annually since 2018. CPSC is aware of seven deaths involving the ingestion of hazardous magnets (including two outside of the United States), the majority of these incidents likely involved magnet sets.
The new rule applies to consumer products that are designed, marketed, or intended to be used for entertainment, jewelry (including children’s jewelry), mental stimulation, stress relief, or a combination of these purposes, and that contains one or more loose or separable magnets. It does not include products sold and/or distributed solely to school educators, researchers, professionals, and/or commercial or industrial users exclusively for educational, research, professional, commercial, and/or industrial purposes.
The new rule does not apply to toys for children under 14 years old, because the CPSC’s mandatory toy standard (16 CFR part 1250) already covers such products.
The products subject to the rule present an unreasonable risk of injury, and less stringent measures, such as safety messaging, have historically been ineffective in attempting to persuade children, teens and caregivers to avoid the hazard.
The Commission voted 5 to 0 to approve the mandatory standard. The rule goes into effect 30 days after publication in the Federal Register for magnet products manufactured after that date.
NOTE: CPSC urges anyone who may own these magnets and magnet sets to discard them to protect children who may come into contact with them and unintentionally ingest them.
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Find Out What Scams are Happening in Your Area - Federal Trade Commission
Scams affect everyone. And we mean everyone — your family, friends, and neighbors. Don’t believe us? Look at the data.
Find consumer protection data from the FTC’s Consumer Sentinel Network over at ftc.gov/exploredata. There, you can learn more about what the millions of reports across the United States tell us about topics like identity theft, unwanted calls, and other types of fraud. We’ve sliced and diced the data so you can get a deeper look at how fraud affects everyone. For instance, you can see how fraud affects people from different age groups differently, or the types of reports we get from military consumers.
Curious about what kinds of scams are in your neck of the woods? Check out this breakout by state or zoom all the way down into your nearest metro area. And, to give you the most accurate information and up-to-date data, our numbers are updated on a quarterly basis.
Still not convinced that this tool is for you? This video will get you ready to explore: Video
One key piece of data: we couldn’t do this without you. Your reports help the FTC (and our 3,000+ law enforcement colleagues) investigate and bring cases against fraud, scams, and bad business practices. So: if you see a scam, fraud, or bad business practice — tell us about it at ReportFraud.ftc.gov.
Keep up with the latest scams, and what else the FTC is doing, by signing up for the FTC’s Consumer Alerts.