FMC Publishes Final Rule on Unreasonable Refusal to Deal - Federal Maritime Commission
.The Federal Maritime Commission today published its final rule concerning “Definition of Unreasonable Refusal to Deal or Negotiate with Respect to Vessel Space Accommodations”.
The rule establishes the necessary elements for the Commission to apply 46 U.S.C. 41104(a)(3) with respect to refusals of cargo space accommodations when available, and 46 U.S.C. 41104(a)(10) with respect to refusals of vessel space accommodations.
Where an alleged refusal by an ocean common carrier takes place during the “negotiation” phase of a transaction, 46 U.S.C. 41104(a)(10) would apply. If an alleged refusal takes place after the negotiation phase, during the “execution” stage, 46 U.S.C. 41104(a)(3) would apply.
Claims brought before the Commission under either sections 41104(a)(3) or 41104(a)(10) will be reviewed and decided on a case-by-case basis, based on their specific facts and circumstances.
Requirements established by the rule apply to vessel-operating common carriers (VOCC) and containerized cargo.
Not all refusals by a VOCC will constitute a violation. If an ocean common carrier can prove there was a reasonable basis for refusing to negotiate or carry cargo, their conduct will not be found in violation of the law. The rule establishes non-binding and non-exhaustive examples and considerations of unreasonable behavior the Commission may use in evaluating allegations that an ocean common carrier violated the law.
The rule will require VOCCs to file a confidential documented export policy annually with the Commission. The documented export policy shall contain information on pricing strategies, services offered, strategies for equipment provision, and descriptions of markets served.
The rule will take effect 60 days from publication in the Federal Register. However, requirements for ocean common carriers to file a documented export policy with the Commission are delayed pending approval of the Collection of Information by the Office of Management and Budget. The Commission will notify the public of the effective date of those requirements upon approval.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Melamine from Qatar: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Determination of Critical Circumstances, and Alignment of Final Determination with Final Antidumping Duty Determination
• Mattresses From Indonesia: Final Negative Countervailing Duty Determination
• Melamine From Germany: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination
• Melamine From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination with the Final Antidumping Duty Determination
• Melamine From Trinidad and Tobago: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Mattresses from Kosovo: Final Affirmative Determination of Sales at Less-Than-Fair Value
• Mattresses From India: Final Affirmative Determination of Sales at Less Than Fair Value
• Mattresses From Spain: Final Affirmative Determination of Sales at Less Than Fair Value
• Mattresses From Mexico: Final Affirmative Determination of Sales at Less-Than-Fair Value
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta from Italy and Turkey; Scheduling of Expedited Five-Year Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Disposable Vaporizer Devices; Notice of Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Residential Washers from Mexico: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order
• Citric Acid and Certain Citrate Salts from Belgium: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Paper Shopping Bags from Cambodia, Colombia, India, Malaysia, Portugal, Taiwan, the People's Republic of China, and the Socialist Republic of Vietnam: Antidumping Duty Orders; Correction
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Dioctyl Terephthalate from Malaysia, Poland, Taiwan, and the Republic of Türkiye: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
• Large Top Mount Combination Refrigerator-Freezers from Thailand: Initiation of Less-Than-Fair-Value Investigation; Correction
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Disposable Aluminum Containers, Pans, Trays, and Lids from the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Portable Battery Jump Starters and Components Thereof (II); Notice of Request for Submissions on the Public Interest
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Fresh Garlic from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order; Withdrawal
• Utility Scale Wind Towers from the People's Republic of China: Final Results of Expedited Second Sunset Review of the Countervailing Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Mattresses from India, Kosovo, Mexico, and Spain; Supplemental Schedule for the Final Phase of Antidumping Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Vanillin from China
• Large Top Mount Combination Refrigerator-Freezers from Thailand Determination
• Certain Portable Battery Jump Starters and Components Thereof (III); Notice of Commission Determination to Review in Part and, on Review, To Affirm with Modification a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation
• Mattresses From Indonesia; Termination of Investigation
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Homeland Security Acquisition Regulation, Restrictions on Foreign Acquisition Update (HSAR Case 2024-002) - Federal Register
AGENCY: Office of the Chief Procurement Officer, Department of Homeland Security (DHS).
ACTION: Proposed rule.
SUMMARY: DHS is proposing to amend the Homeland Security Acquisition Regulation (HSAR) provisions that relate to the Kissell Amendment, a section of the American Recovery and Reinvestment Act of 2009 that deals with the acquisition of certain clothing, canvas or textile products and natural and synthetic fabrics. DHS believes these proposed changes would help reduce confusion and provide clarity to the requirements under the Kissell Amendment.
DATES: Comments on the proposed rule should be submitted in writing to one of the addresses shown below on or before September 23, 2024, to be considered in the formation of the final rule.
ADDRESSES: Submit comments identified by HSAR Case 2024-002, Restrictions on Foreign Acquisition Update, using any of the following methods:
• Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by entering “HSAR Case 2024-002” under the heading “Enter Keyword or ID” and select “Search.” Select the link “Submit a Comment” that corresponds with “HSAR Case 2024-002.” Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “HSAR Case 2024-002” on your attached document.
• Fax: (202) 447-0520.
• Mail: Department of Homeland Security, Office of the Chief Procurement Officer, MS 0080, ATTN: Ms. Nancy Harvey, 6595 Springfield Center Dr., Springfield, VA 20598-0080.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Nancy Harvey, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, at (202) 282-8000 or email at HSAR@hq.dhs.gov. Include HSAR Case 2024-002 in the subject line.
SUPPLEMENTARY INFORMATION:
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CBP Field Ops to Host Annual Trade Day Event in Detroit - U.S. Customs & Border Protection
Free event open to industry professionals and the public
DETROIT – U.S. Customs and Border Protection’s (CBP) Office of Field Operations will host the 13th Annual Trade Day at Huntington Place downtown, August 7
The free event is open to the public and will provide attendees with an opportunity to interact with CBP personnel, Detroit Field Office trade staff, Canadian government officials, and a multitude of representatives from partner government agencies responsible for trade facilitation and enforcement.
Registration begins at 7:30 a.m. and the free event runs from 8 a.m. to 4 p.m.
“Trade Day 2024 will allow industry professionals—and those with a general interest in the trade industry—to engage with those involved in various stages of import and export processes in the U.S. and to learn more about CBP’s role in protecting the economy and ensuring consumer safety,” said Director of Field Operations Marty C. Raybon.
Demonstrations and presentations will provide information on current programs and policies relating to the import and export of merchandise, current initiatives, and regulations relating to trade operations. New this year, attendees may sign up for one-on-one meetings with representative from Detroit Field Office ports of entry, the Automotive & Aerospace Center of Excellence and Expertise, and more.
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USDA Updates Requirements to Allow for the Safe Importation of Chilean Table Grapes into the United States - U.S Department of Agriculture
Stakeholder Announcement
Washington, D.C., July 18, 2024 – The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is publishing a final notice that will allow certain table grapes to be safely imported from parts of Chile. The new requirements, which build on the existing rules, will allow table grapes from areas of Chile where European grapevine moth (Lobesia botrana) is either absent or at a low prevalence. The new requirements will also protect U.S. agriculture from Chilean false red mite (Brevipalpus chilensis).
Importation of fresh table grapes from Chile may now take place under a systems approach, with multiple overlapping requirements that ensure grapes moving into the United States are free of those pests. The new requirements also allow importers to use irradiation to treat the pest. Importers may continue to use the existing methyl bromide fumigation approach. Whatever approach importers use, these strong requirements help ensure that imported table grapes can be imported safely with little risk of introducing plant pests.
The commodity imports evaluation document, which APHIS previously made available with the publication of an initial notice of proposal for review and comment, has been revised based on public comments, and the new version accompanies this final notice. APHIS experts have determined that both the systems approach and irradiation provide two safe alternatives to the current import requirement of mandatory treatment with methyl bromide fumigation.
These requirements will be adjusted in the APHIS Agricultural Commodity Import Requirements database (ACIR) effective July 19, 2024.
USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit www.usda.gov.|
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INVESTING IN AMERICA: U.S. Transportation Secretary Pete Buttigieg Joins Leaders to Break Ground on $1.5B Port of Long Beach On-Dock Rail Support Facility Project in California - DOT
LONG BEACH, CA – As part of the Biden-Harris Administration’s historic actions to strengthen America’s supply chains, U.S. Transportation Secretary Pete Buttigieg joined Southern California elected officials and local leaders at the Port of Long Beach to break ground on “America’s Green Gateway,” the Pier B On-Dock Rail Support Facility. The $1.5 billion project is one of the biggest infrastructure projects in the country and will link the Port of Long Beach’s existing on-dock rail to the regional and national rail system that will make the movement of cargo quicker and more efficient, while creating less pollution for local communities.
The historic project, which will create good-paying jobs and lower costs for consumers, would not be possible without support from President Biden’s Bipartisan Infrastructure Law. To date, the Port of Long Beach has already received a $283 million Mega grant and a $52.6 million Port Infrastructure Development Program grant funded by the Bipartisan Infrastructure Law from the U.S. Department of Transportation.
The Port of Long Beach handles $200 billions of trade annually, including American-made manufacturing exports that are being boosted by President Biden’s Investing in America agenda. The port also and supports 2.6 million jobs across U.S. including 575,000 in Southern California making it one of the most significant nodes in America’s supply chains, having just recorded its busiest June on record.
Today’s groundbreaking builds on President Biden and Secretary Buttigieg’s progress strengthening supply chains for the long-term. Under the Biden-Harris Administration, DOT has created a first-of-its-kind data-sharing partnership with ports, railroads, ocean carriers, and other industry partners to prevent bottlenecks at the busiest container ports, including the Ports of Los Angeles and Long Beach. In addition, DOT continues to make historic investments through the Bipartisan Infrastructure Law, including over $5 billion announced earlier this week to repair and rebuild some of the country’s most economically significant bridges that are critical to truck drivers moving goods across America.
The full transcript of Secretary Buttigieg’s remarks at the groundbreaking here:
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FTC Issues Orders to Eight Companies Seeking Information on Surveillance Pricing - Federal Trade Commission
Agency seeks information about products and services that use personal data, including finances and browser history, to set individualized prices for the same goods or services
The Federal Trade Commission issued orders to eight companies offering surveillance pricing products and services that incorporate data about consumers’ characteristics and behavior. The orders seek information about the potential impact these practices have on privacy, competition, and consumer protection.
The orders are aimed at helping the FTC better understand the opaque market for products by third-party intermediaries that claim to use advanced algorithms, artificial intelligence and other technologies, along with personal information about consumers—such as their location, demographics, credit history, and browsing or shopping history—to categorize individuals and set a targeted price for a product or service. The study is aimed at helping the FTC better understand how surveillance pricing is affecting consumers, especially when the pricing is based on surveillance of an individual’s personal characteristics and behavior.
“Firms that harvest Americans’ personal data can put people’s privacy at risk. Now firms could be exploiting this vast trove of personal information to charge people higher prices,” said FTC Chair Lina M. Khan. “Americans deserve to know whether businesses are using detailed consumer data to deploy surveillance pricing, and the FTC’s inquiry will shed light on this shadowy ecosystem of pricing middlemen.”
The FTC is using its 6(b) authority, which authorizes the Commission to conduct wide-ranging studies that do not have a specific law enforcement purpose, to obtain information from eight firms that advertise their use of AI and other technologies along with historical and real-time customer information to target prices for individual consumers. The orders were sent to: Mastercard, Revionics, Bloomreach, JPMorgan Chase, Task Software, PROS, Accenture, and McKinsey & Co.
The orders are seeking information on four major areas:
• Types of products and services being offered: The types of surveillance pricing products and services that each company has produced, developed, or licensed to a third party, as well as details about the technical implementation and current and intended uses of this technology.
• Data collection and inputs: Information on the data sources used for each product or service, including the data collection methods for each data source, the platforms and methods that were used to collect such data, and whether that data is collected by other parties (such as other companies or other third parties).
• Customer and sales information: Information about whom the products and services were offered to and what those customers planned to do with those products or services; and
• Impacts on consumers and prices: Information on the potential impact of these products and services on surveilled consumers including the prices they pay.
The FTC has long been on the front lines of documenting and investigating the hidden ecosystem of data brokers, digital platforms, and other intermediaries that specialize in monitoring and selling user data. The FTC’s 6(b) orders aim to shed light on how the current data ecosystem may facilitate the ability to target consumers with individual prices.
The Commission voted 5-0 to issue the 6(b) orders to the eight companies. Commissioners Melissa Holyoak and Andrew N. Ferguson issued concurring statements.