CBP Issues Guidance on the Use of Isotopic Testing to Determine Origin - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

U.S Customs and Border Protection has published its first Isotopic Testing Guidance document, which can be accessed on the CBP website using the following link – https://www.cbp.gov/document/publications/isotopic-testing-guide [cbp.gov]. The Guidance explains CBP’s perception of the role of isotopic testing in supply chain traceability and sets out recommended isotopic testing standards.

As explained in the Guidance, isotopic testing is a scientific method that identifies the atomic structure of naturally occurring materials, or a “fingerprint” of the material, affected by local environmental conditions. When that “fingerprint” is compared to a library of like materials from various geographic areas, isotopic testing can indicate whether the raw material being tested is consistent with the claimed geographic origin.

Although supply chain traceability has always been important, post implementation of the Uyghur Forced Labor Prevention Act (“UFLPA”), an importer’s ability to fully trace the raw materials and inputs used to fabricate its imported goods has become crucial in accessing the U.S. market. The need for traceability is most pronounced in demonstrating the absence of forced labor, but the ability to substantiate origin can be equally relevant in showing that a shipment is not subject to China 301 duties or antidumping/countervailing duties, among other things. Although not a silver bullet, isotopic testing is one tool importers may want to consider in managing risk in their supply chains.

GDLSK remains committed to helping its clients navigate the ever-changing regulatory environment for trade. Please do not hesitate to contact Heather C. Litman or one of the other attorneys at the firm with any questions.
 

Letter to the Speaker of the House and President of the Senate to Facilitate Positive Adjustment to Competition from Imports of Fine Denier Polyester Staple Fiber - The White House

Dear Mr. Speaker:   (Dear Madam President:)

In accordance with section 203(b) of the Trade Act of 1974, as amended (the “Act”), I hereby transmit documents to the Congress that describe the safeguard action that I have proclaimed on imports of fine denier polyester staple fiber, pursuant to the authority vested in me by the Constitution and the laws of the United States, including sections 201 and 203(a)(1) of the Act, and the reasons for taking these actions.

                              Sincerely,                               JOSEPH R. BIDEN JR.

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• The White House: A Proclamation to Facilitate Positive Adjustment to Competition from Imports of Fine Denier Polyester Staple Fiber
   
• USITC:  Fact Sheet: Fine Denier Polyester Staple Fiber Global Safeguard Investigation Prepared by the U.S. International Trade Commission
   

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Phosphate Fertilizers From the Kingdom of Morocco: Final Results of Countervailing Duty Administrative Review; 2022
• Wooden Cabinet and Vanities and Components Thereof From the People's Republic of China: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2022-2023
• Steel Wire Garment Hangers From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order
• Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative; 2022
• Phosphate Fertilizers From the Russian Federation: Final Results of Countervailing Duty Administrative Review; 2022
• Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022
• Certain Hot-Rolled Carbon Steel Flat Products From India and Indonesia: Final Results of the Expedited Fourth Sunset Reviews of the Countervailing Duty Orders
• Laminated Woven Sacks From the People's Republic of China: Final Results of the Third Expedited Sunset Review of the Countervailing Duty Order
• Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Final Results of Expedited Fourth Sunset Review of the Countervailing Duty Order
• Sodium Nitrite From the People's Republic of China: Final Results of Expedited Third Sunset Reviews of the Countervailing Duty Order
• Steel Propane Cylinders From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
• Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Amended Final Affirmative Determination of Circumvention Pursuant to Settlement Agreement
• Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Final Negative Determination of Circumvention With Respect to R-410B From Mexico
• Certain Hot-Rolled Carbon Steel Flat Products from India, Indonesia, the People's Republic of China, Taiwan, Thailand, and Ukraine: Final Results of Expedited Fourth Sunset Reviews of the Antidumping Duty Orders
• Certain Aluminum Foil From People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Rescission of Review, in Part; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Steel Wire Garment Hangers From China; Scheduling of an Expedited Five-Year Review
• Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof; [Revised] Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
• Sodium Nitrite From Federal Republic of Germany and People's Republic of China: Final Results of Expedited Third Sunset Reviews of Antidumping Duty Orders
• Common Alloy Aluminum Sheet From India: Final Results of Countervailing Duty Administrative Review; 2022
• Agreement Suspending the Antidumping Duty Investigation on Lemon Juice From Argentina; Preliminary Results of 2022-2023 Administrative Review
• Stainless Steel Flanges From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
• Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
• Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
   

Record Number of “First in the Nation” and “First in the Port” Destructive Pests in Cut Flowers Intercepted by CBP at LAX - U.S. Customs & Border Protection

Harmful pests from overseas pose a threat to United States vital agriculture resources

LOS ANGELES — It has been a busy year for U.S. Customs and Border Protection (CBP) agriculture specialists assigned to Los Angeles International Airport (LAX). They are the frontline in protecting America’s vital agriculture resources from foreign harmful pests, animal and plants diseases and bioterrorism.

Since November 2023, CBP agriculture specialists have intercepted a significant number of “first in the nation” “first in the port” invasive pests arriving in shipments of fresh cut flowers from Colombia, India, the Netherlands, New Zealand, Portugal, and Tanzania.

Among the interceptions were Kikihia angusta (Walker), a cicada from New Zealand, Adetaptera ovatula (Bates), a long-horn beetle from Central America, Zorion guttigerum (Westwood), a long-horn beetle from New Zealand, Uroleucon jaceae (L.), an aphid from Europe and Central Asia, and Steirarhinus depressicollis (Gyllenhal) a weevil from South and Central America.

These species damage plants in a variety of ways.  Weevils directly feed on the roots, leaves and fruit of plants.  Long horn beetles bore into the stem and wood of plants and can be significant threats to American forest and agriculture.  Besides the direct damage Cicadas can do by feeding on plant roots, when they lay their eggs, they can harm young trees and bushes, aphids not only can weaken and kill plants by feeding on the phloem of plants, they also are import vectors of plant diseases.

Area Identifiers and National Specialists from USDA’s Animal and Plant Health Inspection Services, Plant Protection and Quarantine’s National Identification Services (NIS) and the Agriculture Research Service’s Systematic Entomology Laboratory (SEL) in Los Angeles and Washington, D.C. identified these species.  And each one was deemed actionable and treated under USDA APHIS PPQ supervision.

“These invasive species are among the many threats to American agriculture and natural resources,” said Cheryl M. Davies, CBP Director of Field Operations in Los Angeles. “Through targeting, detection, and interception, CBP agriculture specialists work to prevent these threats from entering the United States.”

A “first in the nation” determination means, it is the first time the pest was recorded being intercepted at a port of entry or collected being in the country.  A “first in the port” determination, means that while this pest has been identified at other ports or has other country records, it is the first time it was record from that port of entry.

“CBP agriculture specialists apply their scientific knowledge every day, they are experts in biological sciences, agriculture, natural resource management, animal science, plant science, and pest management,” said Andrew H. Douglas, CBP LAX Port Director.

During the same period, CBP agriculture specialists at LAX issued 3,056 Emergency Action Notifications (EANs). EANs alert trade entities of non-compliance with Animal and Plant Health Inspection Service (APHIS) regulations.

The EAN provides options for regulatory enforcement actions that must be taken to prevent the entry of plant pests, prohibited plant products, or animal products capable of introducing foreign animal diseases.

To learn more about CBP’s agriculture mission, visit: Protecting Agriculture.

Nationwide on a typical day in 2023, CBP agriculture specialists seize more than 3,287 prohibited plants, meat and animal byproducts and intercept over 231 agricultural pests that could potentially harm America’s agricultural resources.
 

FTC Action Stops H&R Block’s Unfair Downgrading Practices and Deceptive Promises of ‘Free’ Filing - Federal Trade Commission

Proposed settlement would require company to pay $7 million for consumer redress and make changes for consumers in tax filing seasons 2025 and 2026

A Federal Trade Commission lawsuit is leading to changes for consumers who use H&R Block’s do-it-yourself online tax filing products. A proposed FTC settlement would stop H&R Block from unfairly requiring consumers seeking to downgrade to a cheaper H&R Block product to contact customer service, from unfairly deleting users' previously entered data and from making deceptive claims about “free” tax filing.

The tax-filing company has agreed to a proposed settlement that will require the company to make a number of changes for the 2025 tax filing season in addition to longer-term changes. The settlement would also require the company to pay $7 million to the FTC to be used to redress consumers harmed by the company’s unlawful practices.

“American taxpayers who seek tax-filing help should be able to choose the services they need—and know the truth about how much they’ll pay,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “The FTC’s action today will help lower the stress and expense of tax season for millions of taxpayers.”

The FTC filed an administrative lawsuit against H&R Block in February 2024, charging that the company deceptively advertised that its online tax filing products were “free” when many—if not most—consumers could not actually file for free. 

H&R Block also failed to explain clearly which of its products cover what forms, schedules, or tax situations, leading many consumers to spend time completing their tax returns in products that were more expensive than they needed. When consumers later attempted to downgrade to a less expensive product after realizing they did not need or want those more expensive products, H&R Block presented them with a series of time-consuming obstacles. First, consumers had to contact customer service by phone or chat to request to downgrade, which was time-consuming. Then, when consumers did downgrade, H&R Block deleted the data they had previously entered, costing consumers additional time to re-enter their tax information in the downgraded product. Consumers who sought to upgrade encountered no such obstacles.

The proposed settlement would require H&R Block to stop its illegal conduct by making it easier for consumers to downgrade products and by eliminating its practice of completely deleting consumers’ previously entered data. By February 15, 2025, the company will be required to allow consumers to downgrade products without spending time contacting customer service.

In addition to the $7 million payment, the proposed order would also require H&R Block, by the 2026 tax filing season, to stop completely deleting consumers’ previously entered information. Specifically, when a consumer downgrades back to the product they upgraded from, H&R Block must ensure that the consumer returns to the same point in filing where they were when they upgraded, saving consumers significant time and effort. H&R Block must also provide an easily noticeable and always available way for consumers to downgrade without having to call customer service or chat with a live customer service agent.

The proposed order also would require H&R Block to disclose in its “free” advertising either the percentage of taxpayers who are actually eligible to use any “free” products or that the majority of taxpayers do not qualify.

The Commission vote to accept the consent agreement was 5-0. Commissioner Andrew Ferguson issued a statement. Commissioner Melissa Holyoak concurs in acceptance of the proposed consent agreement for public comment but notes that such acceptance does not constitute her final approval. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment for 30 days after the package is published in the Federal Register, after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments appear in the published notice. Once processed, comments will be posted on Regulations.gov.

NOTE: When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $51,744.
 

Keep Food Safety in Mind this Thanksgiving - USDA

WASHINGTON, November 12, 2024 – Turkey is the most popular dish during Thanksgiving celebrations, yet there are many inexperienced cooks who will be in the kitchen. The U.S. Department of Agriculture (USDA) is encouraging consumers to practice food safety throughout the entire Thanksgiving process, from the grocery store to the dining table.

“On the most popular food holiday of the year, we’re reminding consumers to follow safe food handling practices starting at the grocery store and going all the way through enjoying your leftovers,” said Under Secretary for Food Safety Dr. Emilio Esteban. “Following these basic steps can help keep your family and friends safe this holiday season.”

To keep your Thanksgiving food safe, follow this guide:

Shopping

• Bacteria can multiply to dangerous levels if perishables, like turkey, are left in the Danger Zone (temperatures between 40 F and 140 F) for too long. Pick up your turkey and other perishable products at the end of your grocery shopping so they stay cold as long as possible. Pack perishables in insulated bags with cold sources if the commute home is longer than an hour and place them in the refrigerator as soon as you get home.
   
• Make sure the packaging of your turkey is not torn or leaking. Juices from raw poultry can cause cross-contamination of harmful bacteria that can get you sick. Place turkey, and other raw meat products, in plastic bags and in a separate part of your shopping cart to prevent harmful bacteria from spreading.

Thawing

A frozen turkey can be safely thawed in the refrigerator or in cold water:

• When thawing in a refrigerator at 40 F or below, allow roughly 24 hours for every 4 to 5 pounds. Consider putting the turkey in a container or dish to contain juices that may leak.
   
• When thawing in cold water, allow roughly 30 minutes per pound. Submerge the wrapped turkey into the cold water and change the water every 30 minutes until the turkey is fully thawed. Once thawed, cook the turkey immediately.

Preparing

When it is time to prepare the turkey, keep in mind that turkeys may contain bacteria that cause foodborne illness. Keep the turkey and its juices separate from foods that won’t be cooked and fully clean and sanitize surfaces that come into contact with the turkey and its juices. A USDA study found that about 30% of consumers did not successfully clean and sanitize kitchen surfaces around meal preparation.

Washing a turkey is risky because it can spread bacteria to your sink and other nearby surfaces. If you choose to wash it, make sure to fully clean surfaces with soap and water afterwards and then sanitize using a sanitizing solution.

Cooking

There are many ways to cook a turkey, but one thing remains consistent: the turkey needs to reach a safe minimum internal temperature of 165 F, as measured by a food thermometer, in three places — the thickest part of the breast, the innermost part of the thigh, and the innermost part of the wing. Always use a thermometer to make sure the turkey is fully cooked even if the turkey has a pop-up temperature indicator. If stuffing your turkey, the stuffing must also reach 165 F in the center of the stuffing.

Serving

• When serving food to groups, remember the two-hour rule. Perishable foods that have sat out at room temperature for more than two hours are unsafe, due to bacterial growth, and must be discarded. When you are serving food, keep your hot food hot and cold food cold. This will keep it from developing harmful bacteria. Hot foods such as turkey, macaroni and cheese, stuffing, mashed potatoes and gravy must be kept at or above 140 F and you can do so by serving them in warming trays, chafing dishes, slow cookers, etc.
   
• Cold foods such as salad, cranberry relish, deviled eggs and cold dips must be kept below 40 F and you can do so by serving them in trays or bowls nestled over ice. Remember to replace the ice as it melts. You can also serve cold foods by dividing them in small portions and serving them a portion at a time, keeping the remainder in the refrigerator.

Leftovers

Leftovers are arguably one of the best parts of Thanksgiving. For leftovers to be safe to keep, they must be refrigerated within two hours of serving or have been kept hot at or above 140 F or cold below 40 F. Discard any foods that sat out for more than two hours at room temperature because bacteria that cause foodborne illness could have reached dangerous levels. If you have turkey leftovers, carve the bird into smaller pieces and place them into small, shallow containers so the meat can cool evenly and quickly.

If you have food safety questions while planning and preparing your Thanksgiving feast, call the USDA Meat and Poultry Hotline at 1-888-MPHotline (1-888-674-6854), email MPHotline@usda.gov or chat live at www.ask.usda.gov 10 a.m. to 6 p.m. Eastern Time, Monday through Friday to reach a food safety specialist in English or Spanish. The Meat and Poultry Hotline is also open on Thanksgiving Day from 8 a.m. to 2 p.m. Eastern Time.