Closures for Martin Luther King Day

• PNCT will be CLOSED Monday in observance of Martin Luther King Jr Day, 1/20
   
• Please be advised that Maher Terminals and the Maher Terminals Empty Depot operated by Columbia will be open for truck line activity (all move types) on Monday, January 20, 2025 (Martin Luther King’s birthday) from 6 a.m. – 5 p.m.
   

CBP Issues Notice of Proposed Rulemaking to Enhance Enforcement as to Low-Value Shipments - U.S. Customs & Border Protection

WASHINGTON — U.S. Customs and Border Protection (CBP) today announced a Notice of Proposed Rulemaking (NPRM) to strengthen CBP’s information collection requirements for low-value shipments, also known as de minimis shipments. The proposed Entry of Low-Value Shipments (ELVS) rule will enhance supply chain visibility and will enable CBP to better interdict illegal shipments across U.S. ports of entry.

“Every day, the men and women of CBP interdict goods that threaten the health and safety of Americans as well as the economic vitality of our country. We see illicit drugs, dangerous toys, fake medicines, and other counterfeit goods shipped direct to American homes impacting the lives of our neighbors, friends, and families. This proposed rule will help to give us some of the tools we need to address more of these threats,” said CBP Senior Official Performing the Duties of the Commissioner, Pete R. Flores. “There is still more to be done. CBP will continue to innovate within our current authorities, and we urge the private sector to maintain their vigilance. To achieve comprehensive de minimis reform and trade modernization, we urgently need statutory updates.”

On average, CBP processes over 4 million de minimis shipments into the U.S. each day. Current regulations require importers to provide minimal information to CBP for these shipments, compared to those required for other types of cargo. The overwhelming volume of low-value shipments and lack of actionable data collected pursuant to current regulations inhibit CBP’s ability to identify and interdict high-risk shipments that may contain illegal drugs such as illicit fentanyl, merchandise that poses a risk to public safety, counterfeit or pirated goods, or other contraband.

The proposed rule is part of a larger effort to address vulnerabilities and prevent bad actors from exploiting this growing segment of international trade to smuggle dangerous goods into the United States. It will allow CBP to target high-risk shipments more effectively, including those containing counterfeit goods, synthetic opioids such as fentanyl, or the precursors and pill press parts used to make that deadly drug. Additionally, it will revise the current process for entering low-value shipments to require additional data elements that would assist CBP in verifying eligibility for duty- and tax-free entry by creating a fully electronic process for filers to transmit entry data prior to a shipment’s arrival. This data will reduce the burden for CBP officers who process these large volumes of shipments, leading to more accurate targeting. As a result, CBP resources will be better focused on accurately identifying and interdicting violative shipments.

The ELVS rulemaking is the first of two NPRMs announced by the Biden-Harris Administration in September 2024, and the tools provided by ELVS are necessary for CBP to implement other potential reform proposals. CBP has continued to take aggressive action on a multipronged strategy: leveraging existing authorities, improving tools and automation, and strengthening enforcement of textile and apparel trade laws. The Administration anticipates publishing the second NPRM in the coming days and continues to encourage Congress to move forward with statutory reform to address the surge in de minimis imports that put American consumers, workers, retailers, and manufacturers at risk.

Members of the public will have 60 days to comment on the proposed rule. Individuals wishing to comment on the proposed rule may access the Federal e-Rulemaking Portal at www.regulations.gov and follow the instructions for submitting comments. Submissions must include the agency name and docket number.
 

Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Temporary Steel Fencing from the People’s Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

On January 15, 2025, ZND US Inc. filed a petition for the imposition of antidumping and countervailing duties on the imports of temporary steel fencing from the People’s Republic of China. The petition alleges dumping margins of 1,017.26% to 1,411.14%. The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.

The merchandise subject to this investigation is temporary steel fencing. Temporary steel fencing consists of temporary steel fence panels and temporary steel fence stands. Temporary steel fence panels, when assembled with temporary steel fence stands or other types of stands outside of the scope, with each other, or with posts, create a free-standing structure. Such structures may include, but are not limited to, fencing for construction sites, security perimeters, and events, as well as animal kennels. Please see the petition for a more detailed description of the covered merchandise and exclusions.

The projected date of International Trade Commission’s Preliminary Conference is February 5, 2025. The earliest theoretical date for retroactive suspension of liquidation for AD is March 26, 2025; CVD is February 4, 2025.

Please feel free to contact one of our attorneys for further information, including a complete scope description, complete projected schedule for the AD and CVD investigations; the volume and value of imports; and list of identified foreign exporters and U.S. importers.
 

Federal Register Notices:

• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Urine Splash Guards and Components Thereof; Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Standard Steel Welded Wire Mesh From Mexico: Initiation of Circumvention Inquiry on the Antidumping and Countervailing Duty Orders
• Sol Gel Alumina-Based Ceramic Abrasive Grains From the People's Republic of China: Initiation of Countervailing Duty Investigation
• Monosodium Glutamate From the People's Republic of China: Notice of Intent To Address Covered Merchandise Referral in Ongoing Circumvention Inquiry
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Glass Wine Bottles From China and Mexico; Supplemental Schedule for the Final Phase of Antidumping Duty Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Hard Empty Capsules From Brazil, the People's Republic of China, India, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Countervailing Duty Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Continuation of Antidumping Duty Order
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Vanillin From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Continuation of Antidumping Duty Order
   

OTEXA:  Announcements - Office of Textile & Apparel

[01/07/2025] – November 2024 Textile and Apparel Import Report
 

Over 1,500 Glock Switches seized by Chicago CBP in 2024 - U.S. Customs & Border Protection

CHICAGO – U.S. Customs and Border Protection (CBP) officers stationed in Chicago seized 473 shipments containing a total of 1,507 weapon-modifying devices from January 1 to December 31, 2024.

From January to June CBP stopped 155 shipments carrying 354 “Glock switches” which are used to modify weapons to make them fully automatic. In the months of July, August, and September, officers seized a total of 241 shipments containing a whopping 948 switches. Most of these seizures were from China and were heading to various locations throughout the U.S.

“These seizures clearly illustrate how closely CBP examines import manifests and identifies items that could potentially harm our nation or our citizens. Using their targeting experience, they’re able to consistently spot new shipping trends and keep these dangerous devices out of the hands of criminals. There are reasons these items are illegal,” said LaFonda D. Sutton-Burke, Director, Field Operations, Chicago Field Office.

Pistol automatic fire conversion switches are illegal devices, to use or possess, which convert standard semi-automatic handguns into fully automatic. It allows the user to pull and hold the trigger to fire the maximum amount of ammunition. These devices can be ordered online or made by 3-D printers. The importation of these items is restricted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Many of these were undeclared, mis-manifested, or lacked any ATF importation approvals.
 

USTR Releases 2024 Review of Notorious Markets for Counterfeiting and Piracy - U.S. Trade Representative

WASHINGTON – The Office of the United States Trade Representative (USTR) today released the findings of its 2024 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List).  The Notorious Markets List highlights online and physical markets that reportedly engage in or facilitate substantial trademark counterfeiting or copyright piracy.
 
“Counterfeiting and piracy is a shared global concern, harming people not just in the United States but also other countries.  I urge our trading partners to join with us on the fight against counterfeits and pirated goods,” said Ambassador Katherine Tai.  “The health and safety concerns posed by counterfeit medicines are particularly troubling.  That is why this year’s report looks further at illicit online pharmacies and counterfeit medicines.”
 
This year’s Notorious Markets List’s issue focus section examines illicit online pharmacies and counterfeit medicines.  The issue focus describes the growth in illicit online pharmacies and the dangers of counterfeit medicines, including the health and safety risks.  USTR calls on trading partners to improve on criminal and border enforcement against counterfeit goods, particularly counterfeit medicines.
 
The report also highlights a number of successes from the past year involving efforts by and collaboration among the U.S. government, foreign governments, and stakeholders.  One example is the multi-year effort that led to the closure of Fmovies in Vietnam.  Fmovies was one of the world’s most popular websites for streaming pirated copies of popular movies and television shows and has been identified in the Notorious Markets List since 2017.  Other examples include major piracy and counterfeit enforcement operations by Brazil, Kuwait, and the Philippines.
 
The 2024 Notorious Markets List identifies 38 online markets and 33 physical markets that are reported to engage in or facilitate substantial trademark counterfeiting or copyright piracy.  The Notorious Markets List reflects the evolving nature of counterfeit sales in China by identifying the social commerce platform Douyin Mall, owned by ByteDance, for the first time.  The 2024 Notorious Markets List also continues to identify the other China-based e-commerce and social commerce markets Taobao, DHGate, and Pinduoduo, as well as the cloud storage service Baidu Wangpan.  Other listed markets include seven physical markets around China known for the manufacture, distribution, and sale of counterfeit goods. 
 
The complete 2024 Notorious Markets List can be found here.
 
Background
 
USTR first identified notorious markets in the Special 301 Report in 2006.  Since February 2011, USTR has published annually the Notorious Markets List separately from the Special 301 Report, to increase public awareness and help market operators and governments prioritize intellectual property enforcement efforts that protect American businesses and their workers.
 
The Notorious Markets List does not constitute an exhaustive list of all markets reported to deal in or facilitate commercial-scale copyright piracy or trademark counterfeiting, nor does it reflect findings of legal violations or the U.S. Government’s analysis of the general intellectual property protection and enforcement climate in the country concerned.  Such analysis is contained in the annual Special 301 Report issued at the end of April each year.
 
USTR initiated the 2024 Notorious Markets List Review on August 16, 2024, through publication in the Federal Register of a request for public comments.  The request for comments and the public’s responses are online at www.regulations.gov, Docket number USTR-2024-0013.
 

Maximum Penalty Fees Adjusted - Federal Maritime Commission

The Federal Maritime Commission will increase the maximum penalties assessed for statutory violations effective January 15, 2025, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015. The increases are tied to the rate of inflation.

Maximum penalties for knowing and willful violations of the Shipping Act will increase to $74,943 from $73,045; and maximum penalties for violations that are not knowing and willful will increase to $14,988 from $14,608.  Under the statute, each day of a continuing violation constitutes a separate violation.  In addition, the maximum per voyage fee on foreign carriers, to redress discrimination against U.S. carriers under the Foreign Shipping Practices Act, will increase to $2,626,135 from $2,559,636.  The maximum per voyage fee against foreign flag vessels to address unfavorable shipping conditions under the Merchant Marine Act of 1920 will increase to $2,364,503 from $2,304,629. 

The Commission will also increase the fees for seven other penalties. The complete list of penalties is published in the Federal Register.

FDA Proposes Requiring At-a-Glance Nutrition Information on the Front of Packaged Foods - Food & Drug Administration

Today, the U.S. Food and Drug Administration is announcing an important step to provide nutrition information to consumers by proposing to require a front-of-package (FOP) nutrition label for most packaged foods. This proposal plays a key role in the agency’s nutrition priorities, which are part of a government-wide effort in combatting the nation’s chronic disease crisis. If finalized, the proposal would give consumers readily visible information about a food’s saturated fat, sodium and added sugars content—three nutrients directly linked with chronic diseases when consumed in excess.  

The proposed FOP nutrition label, also referred to as the “Nutrition Info box,” provides information on saturated fat, sodium and added sugars content in a simple format showing whether the food has “Low,” “Med” or “High” levels of these nutrients. It complements the FDA’s iconic Nutrition Facts label, which gives consumers more detailed information about the nutrients in their food.  

Chronic diseases, including heart disease, cancer and diabetes, are the leading cause of disability and death in the U.S. With 60% of Americans having at least one chronic disease, such diseases are also the leading drivers of the nation’s $4.5 trillion in annual health care costs. A large body of research indicates that a major contributor to this problem is excess consumption of saturated fat, sodium and added sugars. There is a proliferation of foods in the food supply that are considered ultra processed, which often contain high levels of these nutrients. The Nutrition Info box is focused on providing accessible information to help consumers quickly and easily identify how foods can be part of a healthy diet.

“The science on saturated fat, sodium and added sugars is clear,” said FDA Commissioner Robert M. Califf, M.D. “Nearly everyone knows or cares for someone with a chronic disease that is due, in part, to the food we eat. It is time we make it easier for consumers to glance, grab and go. Adding front-of-package nutrition labeling to most packaged foods would do that. We are fully committed to pulling all the levers available to the FDA to make nutrition information readily accessible as part of our efforts to promote public health.”

The proposed Nutrition Info box is informed by a substantial body of research conducted by the FDA, including a scientific literature review, consumer focus groups and a peer-reviewed experimental study. In 2023, the FDA conducted an experimental study of nearly 10,000 U.S. adults to further explore consumer responses to three different types of FOP labels. The purpose of the experimental study was to identify which FOP schemes enabled participants to make quicker and more accurate assessments of the healthfulness of a product based on the levels of saturated fat, sodium and added sugars displayed. The experimental study showed that the black and white Nutrition Info scheme with the percent Daily Value performed best in helping consumers identify healthier food options.  

“Food should be a vehicle for wellness, not a contributor of chronic disease,” said FDA Deputy Commissioner for Human Foods Jim Jones. “In addition to our goal of providing information to consumers, it’s possible we’ll see manufacturers reformulate products to be healthier in response to front-of-package nutrition labeling. Together, we hope the FDA’s efforts, alongside those of our federal partners, will start stemming the tide of the chronic disease crisis in our country.”

The proposed Nutrition Info box is part of the White House National Strategy on Hunger, Nutrition and Health to reduce diet-related diseases by 2030. The Nutrition Info box, the recently updated “healthy” claim, the FDA’s work to develop a “healthy” symbol and the draft Phase II voluntary sodium reduction targets are key aspects of a government-wide approach to improving nutrition and reducing chronic diseases in the U.S. These efforts can help consumers more easily identify foods recommended by the Dietary Guidelines for Americans and may assist them in reducing their consumption of certain nutrients that can be found in foods that are commonly considered ultra-processed. The FDA is committed to continuing its comprehensive, science-based activities to create a healthier food supply, empower consumers with information and support lifelong healthy eating patterns.  

The proposed rule, if finalized, would require food manufacturers to add a Nutrition Info box to most packaged food products three years after the final rule’s effective date for businesses with $10 million or more in annual food sales and four years after the final rule’s effective date for businesses with less than $10 million in annual food sales.  

Comments on the proposed rule can be submitted electronically to http://www.regulations.gov by May 16, 2025.