USTR Opens China 301 Exclusion Request Portal for Certain Machinery Used in Domestic Manufacturing - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

The Office of the U.S. Trade Representative (“USTR”) has announced that, effective October 15, 2024, it is opening a portal for interested parties to use to request exclusions from the China 301 tariffs for certain machinery of HTS Chapters 84 & 85 used in domestic manufacturing.  The specific items are limited to those listed in Annex E of the USTR’s previous notice published in the Federal Register of September 18, 2024.

By way of background, as part of its four-year review of the China 301 tariffs, the USTR took several actions, including:

1. Imposing additional, or increasing existing, China 301 duties on certain products in strategic sectors;
2. Proposing increases in tariff rates for certain tungsten products, wafers, and polysilicon;
3. Excluding from China 301 duties certain solar manufacturing equipment;
4. Identifying a list of subheadings for certain machinery used in domestic manufacturing that would be eligible for consideration under an exclusion process.

The new USTR notice sets forth the procedures for the machinery exclusion process identified immediately above. Further background on recent China 301 actions by the USTR can be found here and here.

Any exclusion request must include the following information (and may be supported by additional relevant materials):

• The 10-digit HTSUS subheading (if no 10-digit breakout, use the 8-digit breakout + ‘‘00’’).
• A complete and detailed description of the manufacturing equipment. For example:
• physical characteristics (e.g., dimensions, weight, material composition, etc.).
• whether the manufacturing equipment is designed to function in or with a particular machine (application).
• principal use.
• unit value (providing a range if necessary).
• Any unique physical features that distinguish it from other manufacturing equipment within the same 10-digit HTSUS subheading.
• Whether the manufacturing equipment is subject to an antidumping or countervailing duty order.
• Whether the manufacturing equipment will be used for domestic manufacturing, how it will be used, and in what manufacturing sector.
• If applicable, documents showing grant funding from, or grant application to, a federal investment program related to the domestic manufacturing, such as the Inflation Reduction Act (IRA), CHIPS and Science Act, Build America Buy America (BABA), and Rural Energy for America Program (REAP).
• Whether the manufacturing equipment (or comparable equipment) is available from U.S. or third country sources (and details of any attempts to obtain the equipment from these alternate sources).
• Whether the requester has purchased the item from a U.S. / third country source in the past five years and why it is no longer available from such source.
• Whether the manufacturing equipment is strategically important or related to “Made in China 2025” or other Chinese industrial programs.

The exclusion request portal will remain open through March 31, 2025, at 11:59 p.m. EST. Interested parties may file responses to individual exclusion requests within 30 days after the exclusion request is posted on the USTR’s online portal. The original requester may file a rebuttal to such a response by the later of 15 days after the posting of the response, or 15 days after the closing of the 30-day response period.

Please do not hesitate to contact any of our attorneys to discuss the impact of the above exclusion action on your company or for assistance in preparing filings with the USTR.
 

FMC Monitoring and Review of Surcharges and Fees - Federal Maritime Commission

The Federal Maritime Commission is monitoring the supply chain closely at all major terminals along the U.S. East and Gulf Coasts.  The FMC continues to review surcharges and fees announced, implemented, or suspended in connection with last week’s work stoppage.  The FMC Audit Program is discussing these surcharges and fees with the major ocean common carriers, with the goal of increasing transparency and identifying best practices. 

The FMC is also using its statutory authorities to carefully review surcharges and fees to determine their relevance and legality.  All fees and surcharges must be reasonable, clearly defined, and serve a specific measurable purpose. 

Information from the public on these topics would be beneficial to the Commission in assessing marketplace developments and identifying when enforcement action is warranted.  Accordingly, the FMC now emphasizes that parties who believe they have been wrongly billed for a surcharge or fee can use FMC services to seek an informal solution to their dispute, report an alleged legal violation, or file a complaint.

The Office of Consumer Affairs and Dispute Resolution Services (CADRS) facilitates voluntary outcomes and solutions when there are disagreements between parties involved in containerized ocean shipments.     

Allegations of common carrier and MTO conduct violative of the law should be reported to the Bureau of Enforcement, Investigations, and Compliance (BEIC).  All reports of misconduct will be reviewed by BEIC and violations will be prosecuted to the fullest extent possible under the law. 

Parties seeking monetary reparations from a common carrier or MTO can initiate an adjudicatory proceeding that will be heard by the FMC’s Office of the Administrative Law Judges.  Retaliation by a common carrier or MTO for filing a complaint at the FMC is expressly prohibited by law, and is an offense separate from other complaints about regulated entity behavior.   Acts of retaliation carry serious consequences and allegations of such conduct will be fully and vigorously investigated.

The Commission maintains a list of all common carrier tariff locations for Vessel-Operating Common Carrier and Non-Vessel-Operating Common Carrier. Shippers are encouraged to access and review their common carrier’s tariff.
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Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews:  Antidumping Duty Order on Alloy and Certain Carbon Steel Threaded Rod and Countervailing Duty Order on Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Reviews and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part, and Preliminary Intent To Rescind Scope Inquiry
• Certain Corrosion Inhibitors From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 2022-2023
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Malaysia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Lightweight Thermal Paper From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Carbon and Alloy Steel Threaded Rod From India: Final Results of Antidumping Duty Administrative Review, and Partial Rescission; 2022-2023
• Certain Vertical Shaft Engines Between 99cc and Up to 225cc and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Thermoformed Molded Fiber Products From China and Vietnam; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping Duty Order on Alloy and Certain Carbon Steel Threaded Rod and Countervailing Duty Order on Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Reviews and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part, and Preliminary Intent To Rescind Scope Inquiry
• Certain Corrosion Inhibitors From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 2022-2023
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Malaysia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Lightweight Thermal Paper From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Carbon and Alloy Steel Threaded Rod From India: Final Results of Antidumping Duty Administrative Review, and Partial Rescission; 2022-2023
• Certain Vertical Shaft Engines Between 99cc and Up to 225cc and Parts Thereof From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Thermoformed Molded Fiber Products From China and Vietnam; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022
• Investigations; Determinations, Modifications, and Rulings, etc. Glass Wine Bottles From China
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Residential Washers From Mexico: Continuation of the Antidumping Duty Order
• Non-Refillable Steel Cylinders From the People's Republic of China: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2022-2023
• Certain New Pneumatic Off-the-Road Tires From India: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Circular Welded Non-Alloy Steel Pipe From the Republic of Korea; Certain Oil Country Tubular Goods From the Republic of Korea; Welded Line Pipe From the Republic of Korea; and Large Diameter Welded Pipe From the Republic of Korea: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Botulinum Toxin Products and Processes for Manufacturing or Relating to Same; Notice of a Commission Determination To Review in Part and, on Review, To Affirm With Modifications a Final Initial Determination Finding No Violation of Section 337; and To Deny a Request for Oral Argument; Termination of Investigation
• Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch Cords, Products Containing the Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation
• Utility Scale Wind Towers From China and Vietnam
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Large Diameter Welded Pipe From the Republic of Türkiye: Final Results of Countervailing Duty Administrative Review; 2022
   

CBP modifies Withhold Release Order on Brightway Group in Malaysia - U.S. Customs & Border Protection

Agency will no longer detain Brightway Group disposable gloves

WASHINGTON — U.S. Customs and Border Protection (CBP) modified the withhold release order (WRO) issued on December 20, 2021 against disposable gloves produced by Brigthway Holdings Sdn. Bhd., Laglove (M) Sdn., and Biopro (M) Sdn. Bhd. (collectively, Brightway Group) in Malaysia. Effective immediately, the U.S. will allow disposable gloves produced by the Brightway Group to enter the U.S. provided they are otherwise compliant with U.S. laws. As of October 11, 2024, the U.S. will no longer detain disposable gloves produced by the Brightway Group at U.S. ports of entry.

This is the agency’s second modification issued in 2024.  CBP’s forced labor enforcement efforts have improved living and working conditions for tens of thousands of workers, including the repayment of more than $62 million in withheld wages and recruitment fees used to trap workers in debt bondage.

“Facilitation of legitimate trade is just as important as CBP’s enforcement against illegal trade practices,” said CBP’s Senior Official Performing the Duties of the Commissioner Troy A. Miller. “When companies can document compliance with U.S. trade laws, forced labor or otherwise, they’ll have access to the U.S. market. It’s that simple.”

“CBP’s efforts are making a real impact toward eliminating forced labor from U.S. supply chains.” said AnnMarie R. Highsmith, Executive Assistant Commissioner of CBP’s Office of Trade. “Industry has noticed CBP’s strong, consistent enforcement stance and businesses are changing their behaviors. Many are proactively implementing due diligence into their supply chains using the many resources CBP has made available.”

On December 20, 2021, CBP issued a WRO against imported disposable gloves produced using forced labor, wholly or in part, by the Brightway Group. CBP issued the WRO based on evidence reasonably indicating that the working conditions at the Brightway Group exposed workers to 10 of the 11 International Labour Organization forced labor indicators.

Since the implementation of the WRO, the Brightway Group has taken actions to fully remediate the forced labor indicators within its manufacturing process.

Title 19 U.S.C. § 1307 prohibits the importation of “[a]ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor, or/and indentured labor, including forced or indentured child labor[.]” When CBP has information reasonably indicating that imported goods are made by forced labor, the agency will order personnel at U.S. ports of entry to detain shipments of those goods. Such shipments will be excluded and subject to seizure and forfeiture if the importer fails to demonstrate proof of admissibility, in accordance with 19 CFR § 12.43, or, alternatively, exports the shipment.

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 may vary depending upon the specific circumstances of each case. CBP does not modify WROs or Findings until the agency has evidence demonstrating that the producer of subject merchandise no longer produces, manufactures, or mines the subject goods 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 by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.
 

Port of Buffalo CBP Officers Discover Shipments of Psilocybin Chocolate - U.S. Customs & Border Protection

Estimated street value for the drugs is approximately $165K

BUFFALO, N.Y. – U.S. Customs and Border Protection (CBP) officers at the Port of Buffalo have discovered multiple commercial shipments containing psilocybin throughout the previous 30 days at the Peace Bridge warehouse.

CBP officers working in the Peace Bridge cargo facility discovered multiple shipments manifested as “chocolate and other food preparations”. Upon further inspection of these shipments, it was discovered that the chocolate bricks contained psilocybin, a schedule 1 controlled substance. The suspected narcotics were field tested by CBP officers, verifying that they indeed tested positive for the properties of psilocybin.

A total of 15 seizures of psilocybin chocolate shipments, with a weight of more than 20 pounds were intercepted throughout the past 30 days, including approximately seven pounds seized on October 9.

“Utilizing their training and experience, our CBP officers continue to intercept narcotic shipments,” said Area Port Director Gaetano Cordone. “All of our CBP employees work tirelessly each and every day to protect our country and communities from unregulated drugs that can become fatal to consumers.” 

The smuggling attempt remains under CBP investigation.
 

USTR Opens Exclusion Process for Certain Machinery Used in Domestic Manufacturing - U.S. Trade Representative

WASHINGTON – The Office of the United States Trade Representative today announced that it is opening a process for interested persons to request that certain machinery be temporarily excluded from Section 301 duties in the Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.  

Consistent with the President’s direction, the exclusion process covers particular machinery used in domestic manufacturing classified within a subheading under chapters 84 and 85 of the Harmonized Tariff Schedule of the United States.  A list of eligible subheadings is available here.

As explained in a formal notice, the docket for submitting exclusions opens on October 15, 2024. The deadline for submitting exclusion requests is March 31, 2025. 
 

Federal Trade Commission Announces Final “Click-to-Cancel” Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships - Federal Trade Commission

Agency acts after receiving more than 16,000 comments from the public

The Federal Trade Commission today announced a final “click-to-cancel” rule that will require sellers to make it as easy for consumers to cancel their enrollment as it was to sign up. Most of the final rule’s provisions will go into effect 180 days after it is published in the Federal Register.

“Too often, businesses make people jump through endless hoops just to cancel a subscription,” said Commission Chair Lina M. Khan. “The FTC’s rule will end these tricks and traps, saving Americans time and money. Nobody should be stuck paying for a service they no longer want.”

The Commission’s updated rule will apply to almost all negative option programs in any media. The rule also will prohibit sellers from misrepresenting any material facts while using negative option marketing; require sellers to provide important information before obtaining consumers’ billing information and charging them; and require sellers to get consumers’ informed consent to the negative option features before charging them.

The final rule announced today is part of the FTC’s ongoing review of its 1973 Negative Option Rule, which the agency is modernizing to combat unfair or deceptive practices related to subscriptions, memberships, and other recurring-payment programs in an increasingly digital economy where it’s easier than ever for businesses to sign up consumers for their products and services.

Commission approval and publication follows the March 2023 announcement of a notice of proposed rulemaking which resulted in more than 16,000 comments from consumers and federal and state government agencies, consumer groups, and trade associations.

While negative option marketing programs can be convenient for sellers and consumers, the FTC receives thousands of complaints about negative option and recurring subscription practices each year. The number of complaints has been steadily increasing over the past five years and in 2024 the Commission received nearly 70 consumer complaints per day on average, up from 42 per day in 2021.

The final rule will provide a consistent legal framework by prohibiting sellers from:

• misrepresenting any material fact made while marketing goods or services with a negative option feature;
• failing to clearly and conspicuously disclose material terms prior to obtaining a consumer’s billing information in connection with a negative option feature;
• failing to obtain a consumer’s express informed consent to the negative option feature before charging the consumer; and
• failing to provide a simple mechanism to cancel the negative option feature and immediately halt charges.

Following an evaluation of public comments, the Commission has voted to adopt a final rule with certain changes, most notably dropping a requirement that sellers provide annual reminders to consumers of the negative option feature of their subscription, and dropping a prohibition on sellers telling consumers seeking to cancel their subscription about plan modifications or reasons to keep to their existing agreement without first asking if they want to hear about them.

The Commission vote approving publication of the final rule in the Federal Register was 3-2, with Commissioners Melissa Holyoak and Andrew N. Ferguson voting no. Commissioner Rebecca Kelly Slaughter issued a separate statement and Commissioner Holyoak issued a separate dissenting statement. Commissioner Ferguson’s dissenting statement is forthcoming. 

FTC staff has developed a fact sheet summarizing the changes to the rule. The primary staffer on this matter is Katherine Johnson in the FTC’s Bureau of Consumer Protection.

Monday, PNCT will be OPEN 6AM to 3PM for Columbus Day Double move and reefer cut at 2 PM
 

Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Thermoformed Molded Fiber Products from the People’s Republic of China and the Socialist Republic of Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

On October 8, 2024, Genera Inc., Tellus Products, LLC, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO filed petitions for the imposition of antidumping and countervailing duties on the imports of Thermoformed Molded Fiber (TMF) Products from China and Vietnam. The petition alleges dumping margins of 604.40% for China, and 328.28% to 328.52% for Vietnam.  The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.

The merchandise covered by this investigation is thermoformed molded fiber products regardless of shape, form, function, fiber source, or finish. TMF products are formed with cellulose fibers, thermoformed using one or more heated molds, and cured in the mold. TMF products include, but are not limited to, plates, bowls, clamshells, trays, lids, food or foodservice contact packaging, and consumer or other product packaging.

They may be derived from any virgin or recycled cellulose fiber source (including, but not limited to, those sourced from wood, woody crops, agricultural crops/byproducts/residue, and agricultural/industrial/other waste). They may have any weight, shape, dimensionality, design, or size, and may be bleached, unbleached, dyed, colored, or printed. They may include ingredients, additives, or chemistries to enhance functionality including, but not limited to, anti-microbial, antifungal, anti-bacterial, heat/flame resistant, hydrophobic, oleophobic, absorbent, or adsorbent.

The projected date of International Trade Commission’s Preliminary Conference is October 28, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is December 17, 2024; CVD is October 28, 2024.

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.
 

CTPAT Update - The White House

On Tuesday, October 2, 2024, the President signed into law:

S. 794, the “Customs Trade Partnership Against Terrorism Pilot Program Act of 2023” or the “CTPAT Pilot Program Act of 2023,” which requires the Department of Homeland Security to carry out a pilot program to assess whether allowing certain third-party logistics providers to participate in the Customs Trade Partnership Against Terrorism would enhance port security or otherwise help meet the goals of the program.
 

USDA Announces Actions to Lower Food Prices, Bring Fairness to Farmers, and Promote More Competitive Food Supply Chains - USDA

Steps enhance research access to seeds to promote generic products, identify hidden fees and unfair pricing practices in beef sales markets, and set out options for transparency and fairer trading in cattle markets

WASHINGTON, October 08, 2024 — Today, the U.S. Department of Agriculture (USDA) announced multiple steps to deliver on the President’s Executive Order on Promoting Competition in the American Economy to promote fair and competitive markets for American farmers and ranchers, and lower food prices for American families. The following actions were announced by Agriculture Secretary Tom Vilsack during a Farmers and Ranchers in Action event hosted by the White House:

• First, through a multipart framework, USDA is leveraging its funding and research capacity, as well as interagency partnerships, to increase transparency and improve researcher access to seed germplasm, the starting materials plant breeders need to create diverse, resilient, and competitive seed varieties. These were key recommendations identified in USDA’s 2023 report, “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs.” 
• Second, USDA today published an interim report that assesses competitive conditions in the meat retail industry. The report draws on over 1,600 comments received from the public in response to USDA requests for information, interviews with small, medium, and large meatpackers, distributors, retailers, academics, and farmer or advocacy organizations. It identifies hidden fees and unjust/anticompetitive pricing strategies present in the beef market as a case study.
• Third, USDA announced the next steps in a new rulemaking effort under the Packers & Stockyards Act of 1921 to enhance price discovery and fairness in cattle markets. For years, USDA has fielded complaints from producers around beef packers using reported regional cash or spot prices as base prices for fed cattle formula pricing agreements, commonly known as Alternative Marketing Agreements (AMAs). USDA is issuing an Advanced Notice of Proposed Rulemaking (ANPR) to seek comment on several possible interventions to develop new benchmarks as AMA base prices and approaches to trading when using benchmarks. 

“Over these last four years, the Biden-Harris Administration has made historic investments in agriculture to help farmers, small businesses, and rural communities get a fair shake,” said Secretary of Agriculture Tom Vilsack. “Our work on competition is about opening up new markets for farmers and delivering fairer, more competitive choices. Today’s actions will help to deliver on more choice and lower costs for seeds used by farmers, more choice and lower food costs for consumers, and a fairer marketplace for ranchers.”

“With today’s announcements, the Biden-Harris Administration is taking action to lower food prices for working families by enabling small businesses and family farms to compete fairly,” said National Economic Advisor Lael Brainard. “For too long, consolidation in the agriculture industry has been swallowing up family farms, lowering incomes and choices for farmers, and raising prices at the grocery store. Today’s announcements build on our work to restore fair competition in farming and food markets and to lower grocery prices for working families.”

“USDA is taking smart, strategic steps to open up pathways for continued innovation and improved competition in seed markets, new retail choices for small businesses and working family consumers alike, and fairer, more competitive trading in America’s world-leading cattle market,” said USDA’s Senior Advisor for Fair and Competitive Markets Andy Green. “These represent the first steps into these markets in a long time, and so we’re both listening to all while we’re doing so but we’re putting the relevant industries on notice that in the coming months, the USDA alongside its Federal partners will be amping up our scrutiny of these markets closely to protect fair, open, and honest competition.”

As President Biden outlined in the Competition Executive Order, consolidation in the agricultural industry is making it too hard for small family farms to survive as they face concentrated market power in the channels for selling agricultural products. In part due to the Administration’s efforts to tackle predatory pricing throughout the American economy, grocery inflation has improved as has certain key agricultural inputs such as fertilizer, but meat prices remain too high and competition in seeds markets remains highly constrained.

Seed Competition Framework

USDA’s framework for promoting research access to germplasm represents a three-part strategy for enhanced seed system diversity, competition, and resilience. Specifically, the framework:

• Identifies opportunities for better defining patent-related disclosure for seeds so researchers understand their freedom to operate. A letter from USDA to the U.S. Patent and Trademark Office (USPTO) USPTO describes the need for more clarity on breeding history and pedigrees and ensuring accessibility to seeds samples placed in patent depositories to adequately disclose plant-related inventions. Clarifying disclosure requirements for utility patents on seeds would help ensure researchers can better understand the scope and bounds of patent rights on plant-related inventions and conduct the research necessary to develop new innovations.
• Provides guidance to USDA researchers around observational uses of protected germplasm in the context of patent law. The ability to observe and understand patented inventions is necessary for federal scientists to pursue critical research and to innovate without fear of infringement. View USDA’s guidance for federal researchers.
• Encourages that germplasm developed by federal funding be shared for research and plant breeding, thus reflecting existing best practices. This will potentially help ensure that the germplasm pool is available for future innovation for both private and public breeders alike to bring new and diverse choices to the market. View USDA’s guidance for federally-funded research.

To learn more about USDA’s focus on seed competition, and to report a complaint, visit the Farmer Seed Liaison webpage.

Access to Retail Report

Released today, USDA’s interim report “Competition and Fair Practices in Meat Merchandising,” uses beef markets as a case study to better understand access to retail dynamics for producers and processors. USDA’s Agricultural Marketing Service (AMS) conducted an investigative study, took public comment, and supported academic examination of the topic.

This interim report has identified a trend of increasing market concentration nationally and regionally, particularly among the top four packers, distributors, and retailers. The report also highlights the views of commenters and interviewees, including farmers and small to midsize or independent packers and retailers, who describe their concerns with problematic practices by intermediaries.

As next steps, USDA will be continuing the investigative study already commenced, including through subpoenas. USDA is also announcing that the Agricultural Marketing Service will be commencing an Advanced Notice of Proposed Rulemaking in the coming months to seek public input around potential next steps.

Together, these efforts will protect free and fair competition on the merits for businesses operating in the retail channel; ensure that small, midsize, or independent businesses can continue to raise and process livestock; and help these businesses distribute and sell meat to the families and local communities that they serve.

Cattle Price Discovery Advanced Notice of Proposed Rulemaking (ANPR)

The Competition Executive Order directed USDA to address the unfair treatment of farmers and improve conditions of competition in the markets for their products through rulemaking actions under the Packers and Stockyards (P&S) Act. USDA was also directed to identify measures to enhance price discovery, increase transparency, and improve the functioning of the cattle and other livestock markets.

Upon publication in the Federal Register, AMS’s Packers and Stockyards Division will be seeking comment on a range of targeted options to improve price discovery and fair and competitive trading in fed cattle markets. The options presented in the ANPR focus on ways to ensure that the base prices in fed cattle purchasing agreements, commonly known as alternative marketing arrangements (AMAs), are representative of relevant market conditions and are not vulnerable to distortion or strategic behavior that could cause prices to shift for reasons other than changes in supply and demand.

These options are intended to mitigate the concern that AMAs have negative price effects on the spot market and otherwise distort the trading of fed cattle, which are complaints that AMS has received over the years. Cattle plays an important role in the economic health of many rural communities, and so fairness to cattle producers is vitally important.

View a preview of the ANPR.

For more information on USDA’s competition efforts visit the Fair and Competitive Markets webpage.
 

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order
• Prestressed Concrete Wire Strand From the United Arab Emirates: Rescission of Antidumping Administrative Review; 2023-2024
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Final Results of Expedited Fourth Sunset Review of Antidumping Duty Order
• Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results and Rescission of Antidumping Duty Administrative Review, in Part; 2022-2023
• Sales at Less Than Fair Value; Determinations, Investigations, etc. Aluminum Containers, Pans, Trays, and Lids from the People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair Value Investigation 
• Investigations; Determinations, Modifications, and Rulings, etc. Certain Chocolate Milk Powder and Packaging Thereof; Notice of a Commission Determination To Review an Initial Determination Granting a Motion for Summary Determination of Violation of the General Exclusion Order; Request for Briefing on the Issues Under Review and on Remedy, Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Oil Country Tubular Goods From the Republic of Turkey: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
• Certain Carbon and Alloy Steel Cut-to-Length Plate From the Federal Republic of Germany: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Quartz Surface Products From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
• Mattresses From Serbia: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Narrow Woven Ribbons With Woven Selvedge From Taiwan: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
• Methionine From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Lined Paper Products From India: Preliminary Results of Countervailing Duty Administrative Review; 2022
• Certain Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2022-2023
• Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Sodium Hexametaphosphate From the People's Republic of China: Continuation of Antidumping Duty Order
• Granular Polytetrafluoroethylene Resin From India: Final Results of Antidumping Duty Administrative Review; 2021-2023
• Oil Country Tubular Goods From India: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Oil Country Tubular Goods From India: Preliminary Results of Countervailing Duty Administrative Review; 2022
• Investigations; Determinations, Modifications, and Rulings, etc. Certain NAND Memory Devices and Electronic Devices Containing Same; Notice of the Commission's Determination Not To Review an Initial Determination Terminating the Investigation
• Certain Memory Devices and Electronic Devices Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating an Investigation Based on a Settlement Agreement; Termination of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Raw Flexible Magnets From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Countervailing Duty Order
• Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
• Certain Lined Paper Products From India: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
• Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico; Preliminary Results of 2022-2023 Administrative Review
   

OTEXA:  Announcements - International Trade Administration

• [10/09/2024\ – August 2024 Textile and Apparel Import Report
• [09/30/2024] - Limitations on Duty and Quota-Free Imports of Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries under the African Growth and Opportunity Act (AGOA) for the one-year period from October 1, 2024 – September 30, 2025. The aggregate quantity of imports eligible for preferential treatment under these provisions is 1,757,888,503 square meters equivalent. Of this amount, 878,944,252 square meters equivalent is available to apparel articles imported under the special rule for lesser-developed countries.
   
• [09/23/2024] - Determination to Approve CAFTA-DR Commercial Availability Request for Certain Two-Way Stretch Woven Polyester, Rayon, Spandex Fabric. File Number: CA2024004.
   
• [09/18/2024] - For a century, the Advanced Textiles Expo has been the industrial fabrics industry’s flagship show. At the Expo, more than 4,500 industry stakeholders and leaders will connect, discover, and source in order to grow their businesses. OTEXA staff will attend the show on September 24-26 to meet with clients to discuss export services, business-to-business matchmaking, and the Made in USA Sourcing and Product Directory. Come find us at Booth #897. OTEXA staff will also be attending the Emerging Technologies Conference from September 23–26. Hope to see you there!
   

Norfolk CBP Officers Seize Over $450k in Baltimore-Bound Dental Supplies Lacking Country of Origin Markings - U.S. Customs & Border Protection

NORFOLK, Va. – U.S. Customs and Border Protection officers in Norfolk, Va., recently seized over $450,000 in dental supplies that shipped from China for violating laws governing country of origin marking. Both shipments were destined to the same address in Baltimore.

Country of origin marking on imported consumer goods are required by law (19 U.S.C. § 1304 and 19 C.F.R. part 134). The country of origin is the country of manufacture, production, or growth of any article of foreign origin entering the United States. Country of origin and related marking not only inform consumers of the origin of imported products but also help to enforce trade laws that are applied on a country-specific basis.

The purpose of the marking is to inform the ultimate purchasers in the United States of the country in which the imported goods are made, so that the consumers are able to differentiate between domestic and imported products and to make informed purchase decisions.  The law also requires that the marking be clearly and visibly located on the product.

CBP officers seized the most recent shipment on September 17. It consisted of nearly two million prophy angle cups, and over 1.6 million dental tray covers. That shipment was destined to an address in Baltimore. The shipment was assessed at $419,211.

CBP officers seized the first shipment on August 26. That shipment, which was also destined to the same Baltimore address, consisted of nearly 1.8 million dental bibs. This shipment was assessed at $35,980.

“Consumers have the right, under U.S. law, to know where the products they are purchasing are sourced, including materials used to make those products. Omitting country of origin markings deprives American consumers of that right to choose how they spend their hard-earned money and who profits from their spending,” said Mark Laria, CBP’s Area Port Director for the Area Port of Norfolk-Newport News, Va. “Customs and Border Protection officers inspect imports every day and enforce a variety of laws that protect American consumers’ rights and safety and the vitality of our nation’s economy.”

Read more from CBP about country of origin markings on U.S. imports.

CBP's border security mission is led at our nation’s Ports of Entry by CBP officers and agriculture specialists from the Office of Field Operations. CBP screens international travelers and cargo and searches for illicit narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, invasive weeds and pests, and other illicit products that could potentially harm the American public, U.S. businesses, and our nation’s safety and economic vitality.
 

Commission Adequacy Determination: Steel Wire Garment Hangers from China - U.S. International Trade Commission

https://www.usitc.gov/trade_remedy/731_ad_701_cvd/adequacy-determinations
 

Biden-Harris Administration Proposes Rule to Simplify Shipping Processes for Truck Drivers, While Improving Supply Chains, and Reducing Energy Transportation Costs - Department of Transportation

WASHINGTON – Today, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a new, proposed rule that would provide close to $100 million in annual cost savings for businesses and consumers. The Notice of Proposed Rulemaking (NPRM) would improve supply chains by modernizing and simplifying hazardous material transportation regulations that impact truck drivers hauling fuels. It will enhance safety standards across highway, rail, and vessel modes of transportation.

“Hazardous materials are a significant share of the essential goods routinely shipped in the United States, and the Biden-Harris Administration is working to make it more affordable and straightforward to safely move these materials through our supply chains,” said U.S. Secretary of Transportation Pete Buttigieg. “The proposal we’re announcing today streamlines requirements while maintaining safety measures, helping to reduce costs for businesses and consumers and make it easier for drivers to do their job.”

Specifically, the proposed rule updates and modernizes regulations to accommodate the latest technologies, business practices, and understandings of hazardous materials, including updates in packaging practices for hazmat transportation.

Highlights of the proposed rule include:

• Reducing burdens for U.S. truck drivers by simplifying hazard communication requirements for fuels including gasoline that are transported in tanker trucks.
• Encouraging innovation and safety improvements to hazardous materials rail cars by reducing review times for tank car design improvements and addressing National Transportation Safety Board recommendations regarding improved design standards for rail tank cars.
• Modernizing standards for essential agricultural equipment by codifying manufacturing standards for newly built fertilizer tanks and permitting the use of video and fiber optics technologies when inspecting and calibrating cargo tanks in both agricultural and non-agricultural operations.

“This proposal focuses on ways to reduce regulatory burdens for America’s truck drivers and increases the overall efficiency of America’s critical energy transportation supply chains that impact every job and industry throughout our economy," said PHMSA Deputy Administrator Tristan Brown. “These proposed changes build on the Biden-Harris Administration’s successful work to ensure America’s supply chains are the safest and most efficient in the world, utilizing the latest data and transportation technologies.”

The proposed rule was submitted to the Federal Register in conjunction with additional actions announced on National Manufacturing Day (October 4th) by the Biden-Harris Administration to ensure the future is Made in America. The proposed rule aims to support supply chains vital to the transportation sector—ensuring manufacturers can safely and affordably get resources they need to make, package, and ship goods to markets across America and throughout the world. 

The proposed rule has been submitted to the Office of the Federal Register for publication and can be accessed in the related documents section of this page. PHMSA will accept comments on the proposed rule up to 90 days after it publishes in the Federal Register.

DHS Adds Two Parties to the UFLPA Entity List; Corrects the Name of an Already Listed Entity - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

On October 2, 2024, the U.S. Department of Homeland Security announced the addition of two companies to the Uyghur Forced Labor Prevention Act (UFLPA) Consolidated Entity List and a technical correction to modify the name of one already listed entity.

By statute, goods, mined, produced, or manufactured wholly or in part in the XUAR or produced by an entity on one of the UFLPA lists are subject to a rebuttable presumption that they were made using forced labor and are inadmissible.

The two new additions to the entity list, effective October 3rd, are:

• Baowu Group Xinjiang Bayi Iron and Steel Co., Ltd. (also known as Xinjiang Bayi Iron and Steel Co. Ltd.; Baosteel Group Xinjiang Bayi Iron and Steel Co., Ltd.; and Bayi Iron and Steel).*
• Changzhou Guanghui Food Ingredients Co., Ltd. (also known as GSweet; Changzhou Guanghui Food Additive Co., Ltd.; and Changzhou Guanghui Food Technology Co., Ltd.; and formerly known as Changzhou Guanghui Biotechnology Co., Ltd.)**

 In addition, the DHS modified its designation of the below already listed UFLPA entity:

• Changhong Meiling Co., Ltd. (formerly known as Hefei Meiling Co., Ltd.; and Hefei Meiling Group Holdings Limited)

Since the UFLPA was signed into law, 75 entities have been added to the UFLPA Entity List involving various product sectors. The full list can be found on the Homeland Security webpage. Future additions to the list will be considered. A procedure is also available whereby parties may request their removal from the entity list.

Please do not hesitate to contact any of our attorneys for further information on the above or any other aspect of UFLPA compliance.
 

FMC Services Available During Supply Chain Challenges - Federal Maritime Commission

The Federal Maritime Commission offers consumer assistance, enforcement, and litigation services that individuals and companies could find helpful in seeking relief from current supply chain challenges.

The Office of Consumer Affairs and Dispute Resolution Services (CADRS) can act as a facilitator to resolve business disputes or help identify solutions to some situations where the flow of cargo is interrupted.  CADRS specializes in achieving amicable solutions to immediate problems whenever possible and can serve as a resource for parties uncertain how to resolve issues with ocean shipments.

Individuals who believe they have been improperly invoiced for any charges, including detention and demurrage, can file a Charge Complaint with the Commission and have their claim rapidly reviewed.  This provides a quicker, less formal way to challenge a bill.

Parties seeking monetary damages and compensation for a dispute with a common carrier or marine terminal operator (MTO) can file a formal claim that will be heard by an Administrative Law Judge or a Small Claims Officer.  Disputes must be related to statutes the Commission administers such as those involving detention and demurrage and the Shipping Act.

The Bureau of Enforcement, Investigations and Compliance will review any allegations that conduct of a common carrier or MTO violates Commission statutes and regulations.   

The Commission issued an advisory to all regulated entities on September 23, 2024, reminding them that they are bound to comply with all Commission administered statutes and regulations.  

Common carriers and MTOs must comply with all statutory and regulatory requirements, including rules governing tariffs, service contracts, MTO schedules, the application of and invoicing for demurrage and detention, and all other fees and surcharges assessed.

Demurrage, detention, and all other fees and surcharges must be reasonable, clearly defined, and serve a specific measurable purpose.  As a reminder, notice of common carrier and MTO fees and surcharges must be given at least 30 days prior to taking effect.

FMC regulations require that demurrage and detention fees serve as legitimate financial incentives to encourage cargo movement. Pursuant to these requirements, the Commission will scrutinize any demurrage and detention charges assessed during terminal closures.

Demurrage and detention invoicing must be lawful. The Commission’s rule on such invoicing, implementing provisions of the Ocean Shipping Reform Act of 2022, became effective on May 28, 2024.  Invoices that do not include required information, or that are sent to the wrong entity, are not valid.

Parties who believe a common carrier or MTO has violated a statutory or regulatory requirement, particularly as it relates to the application of demurrage and detention charges, are encouraged to report that conduct to the Commission. 

The Federal Maritime Commission will prosecute any violations of the law to the fullest extent permitted.  To report unlawful actions or to file a complaint, individuals or entities can:

• File a formal complaint proceeding for adjudication before the FMC’s Office of Administrative Law Judges.
• Report allegations of violations with the Commission’s Bureau of Enforcement, Investigations, and Compliance. Based on the information received, a formal investigation may be launched.
• Provide concerns and information for the benefit of the Commission’s knowledge at complaints@fmc.gov.

The Commission has and will continue to directly communicate with regulated entities on their responsibilities under the FMC’s laws and regulations. In addition, the FMC is actively engaged in outreach to affected stakeholder groups to provide a forum to discuss supply chain challenges.
 

USITC Releases Report on Apparel Export Competitiveness of Certain Suppliers to the United States - U.S. International Trade Commission

The U.S. International Trade Commission (USITC) today released a report about the export competitiveness of certain apparel suppliers to the United States. This report, Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States (Inv. No. 332-602), was requested by the U.S. Trade Representative in a letter received on December 20, 2023.

The USITC, an independent, nonpartisan federal agency, examined the export competitiveness of the apparel industries in Bangladesh, Cambodia, India, Indonesia, and Pakistan, and prepared a public report that includes:

• a comparison of the relative U.S. market shares held by Bangladesh, Cambodia, India, Indonesia, and Pakistan, as well as an analysis of changing patterns in apparel trade;
• a review of general literature on the key determinants driving export competitiveness in the global apparel industry; 
• a discussion of factors affecting export competitiveness in the apparel sector; and
• country-specific profiles of the apparel industries in the above-listed countries, including information on investment, vertical integration, duty-free access to the U.S. market, wages and labor productivity, and sourcing of inputs, as well as an assessment of the export competitiveness of each country in the U.S. market.

Key findings:

• The United States is the largest single-country apparel importer in the world. In 2023, U.S. imports of apparel totaled $79.3 billion, with the majority sourced from Asia. 
• Bangladesh, Cambodia, India, Indonesia, and Pakistan are notable suppliers to the United States—ranking among the top 10 U.S. import suppliers in 2023—and are also significant exporters in the global market. These five countries accounted for a combined 27.0 percent of U.S. apparel imports in 2023.
• The market shares of major U.S. suppliers changed significantly during 2013–23. The share of imports from China, the largest exporter to the United States, fell during the period, while the market shares of other top suppliers such as Vietnam, Bangladesh, Cambodia, and Pakistan increased.
• Although Bangladesh, Cambodia, India, Indonesia, and Pakistan differ with respect to the factors of competitiveness that make them attractive to U.S. brands and retailers, they share certain similarities and are all reportedly competitive on sourcing costs. Additional key highlights concerning the five profiled countries are as follows:
   
• As the second-largest apparel exporter in the world, Bangladesh has extensive capabilities in apparel manufacturing and specializes in bulk orders of basic garments. Factors such as low labor costs, relatively low input costs, and duty-free access to large destination markets outside of the United States contribute to Bangladesh’s cost competitiveness.
• Foreign direct investment drives Cambodia’s export-oriented apparel industry with Cambodia focused on cut, make, and trim production using imports of upstream materials. Cambodia’s apparel industry is viewed as an attractive alternative to sourcing from China and its reputation for social responsibility contributes to its competitiveness.
• India has a long history in textiles and apparel production and remains a steady source of U.S. imports. Quality and detailed finishing contribute to the competitiveness of India’s apparel production, which is supported by a highly vertically integrated apparel industry.
• A major supplier of a wide variety of clothing, Indonesia exports the majority of its apparel to the United States. While it is a relatively high-cost source, Indonesia produces high-value, complex garments such as business attire, outdoor apparel, and athletic wear which contributes to its competitiveness.
• Pakistan’s cotton sector supports the country’s apparel industry, which is noted for production of high-quality denim. Vertical integration and access to domestic cotton are competitive strengths, but buyers cite geopolitical risk as a concern.

Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States (Inv. No. 332-602, USITC Publication 5543, August 2024) is available on the USITC website at: 
ttps://www.usitc.gov/publications/332/pub5543.pdf. 

About factfinding investigations: USITC general factfinding investigations, such as this one, cover matters related to tariffs, trade, and competitiveness and are generally conducted under section 332(g) of the Tariff Act of 1930 at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission’s objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons.
 

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Stilbenic Optical Brightening Agents From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2023-2024
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Melamine From Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Low Melt Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews Aluminum Extrusions From the Republic of Türkiye: Final Affirmative Countervailing Duty Determination
• Aluminum Extrusions From Mexico: Final Affirmative Countervailing Duty Determination
• Aluminum Extrusions From the People's Republic of China: Final Affirmative Countervailing Duty Determination
• Aluminum Extrusions From Indonesia: Final Affirmative Countervailing Duty Determination
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Malaysia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Certain High Chrome Cast Iron Grinding Media From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination
• Certain Alkyl Phosphate Esters From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Thailand: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the Kingdom of Cambodia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Stainless Steel Flanges From India: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement
• Certain Quartz Surface Products From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
   

USITC Releases Report on Apparel Export Competitiveness of Certain Suppliers to the United States - US International Trade Commission

The U.S. International Trade Commission (USITC) today released a report about the export competitiveness of certain apparel suppliers to the United States. This report, Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States (Inv. No. 332-602), was requested by the U.S. Trade Representative in a letter received on December 20, 2023.

The USITC, an independent, nonpartisan federal agency, examined the export competitiveness of the apparel industries in Bangladesh, Cambodia, India, Indonesia, and Pakistan, and prepared a public report that includes:

• a comparison of the relative U.S. market shares held by Bangladesh, Cambodia, India, Indonesia, and Pakistan, as well as an analysis of changing patterns in apparel trade;
• a review of general literature on the key determinants driving export competitiveness in the global apparel industry; 
• a discussion of factors affecting export competitiveness in the apparel sector; and
• country-specific profiles of the apparel industries in the above-listed countries, including information on investment, vertical integration, duty-free access to the U.S. market, wages and labor productivity, and sourcing of inputs, as well as an assessment of the export competitiveness of each country in the U.S. market.

Key findings:

• The United States is the largest single-country apparel importer in the world. In 2023, U.S. imports of apparel totaled $79.3 billion, with the majority sourced from Asia. 
• Bangladesh, Cambodia, India, Indonesia, and Pakistan are notable suppliers to the United States—ranking among the top 10 U.S. import suppliers in 2023—and are also significant exporters in the global market. These five countries accounted for a combined 27.0 percent of U.S. apparel imports in 2023.
• The market shares of major U.S. suppliers changed significantly during 2013–23. The share of imports from China, the largest exporter to the United States, fell during the period, while the market shares of other top suppliers such as Vietnam, Bangladesh, Cambodia, and Pakistan increased.
• Although Bangladesh, Cambodia, India, Indonesia, and Pakistan differ with respect to the factors of competitiveness that make them attractive to U.S. brands and retailers, they share certain similarities and are all reportedly competitive on sourcing costs. Additional key highlights concerning the five profiled countries are as follows:
• As the second-largest apparel exporter in the world, Bangladesh has extensive capabilities in apparel manufacturing and specializes in bulk orders of basic garments. Factors such as low labor costs, relatively low input costs, and duty-free access to large destination markets outside of the United States contribute to Bangladesh’s cost competitiveness.
• bForeign direct investment drives Cambodia’s export-oriented apparel industry with Cambodia focused on cut, make, and trim production using imports of upstream materials. Cambodia’s apparel industry is viewed as an attractive alternative to sourcing from China and its reputation for social responsibility contributes to its competitiveness.
• India has a long history in textiles and apparel production and remains a steady source of U.S. imports. Quality and detailed finishing contribute to the competitiveness of India’s apparel production, which is supported by a highly vertically integrated apparel industry.
• A major supplier of a wide variety of clothing, Indonesia exports the majority of its apparel to the United States. While it is a relatively high-cost source, Indonesia produces high-value, complex garments such as business attire, outdoor apparel, and athletic wear which contributes to its competitiveness.
• Pakistan’s cotton sector supports the country’s apparel industry, which is noted for production of high-quality denim. Vertical integration and access to domestic cotton are competitive strengths, but buyers cite geopolitical risk as a concern.

Apparel: Export Competitiveness of Certain Foreign Suppliers to the United States (Inv. No. 332-602, USITC Publication 5543, August 2024) is available on the USITC website at:
https://www.usitc.gov/publications/332/pub5543.pdf. 
 

DHS’ 2025 Homeland Threat Assessment Indicates the Threat of Domestic and Foreign Terrorism in the Homeland Remains High -Department of Homeland Securities

Release Date: October 2, 2024  

WASHINGTON – The Department of Homeland Security’s (DHS) 2025 Homeland Threat Assessment (HTA), released today, is designed to inform both the public and the Department’s partners of the threats to public safety and security, in order to assist federal, state, and local partners in preparing, preventing, and responding to an ever-evolving threat environment. The HTA describes a threat environment that is expected to “remain high” over the coming year.

“The Homeland Security Assessment provides an important overview of the dynamic and evolving threat landscape, illustrating just how varied and challenging the threats we confront are,” said Secretary of Homeland Security Alejandro N. Mayorkas. “It is because of the remarkable DHS workforce, and our close collaboration with our federal, state, local, tribal, territorial, and private sector partners, that we are able to meet the challenges and keep the American people safe and secure.”

Assessments from the 2025 HTA:

• Public Safety and Security: The terrorism threat environment in the Homeland is expected to remain high over the coming year. This is due to a confluence of factors, including potential violent extremist responses to domestic sociopolitical developments — particularly the 2024 election cycle — and international events like the ongoing Israel-Hamas conflict. Lone offenders and small groups continue to pose the greatest threat. Meanwhile, foreign terrorist organizations, including ISIS and al Qa’ida maintain their enduring intent to conduct or inspire attacks in the Homeland.
   
• Illegal Drugs: Illegal drugs smuggled into and sold in the United States by transnational and domestic criminal actors continue to pose a lethal threat to communities in the United States. DHS has surged resources to address this threat, seized more fentanyl in the last two fiscal years than in the prior five years combined, and is investing in new technology to increase detection capabilities. Thanks to these and other efforts, the number of overdose deaths have declined by more than 10 percent in the 12 months leading up to April 2024 – the largest drop in overdose deaths in recorded history. That said, fentanyl and other synthetic opioids remain the most lethal of drugs trafficked into the country and continue to pose a national security threat. Adulterated cocaine and methamphetamine also pose a threat.
   
• Influence Operations and Transnational Repression: We expect the Homeland will face threats to public safety from state actors using subversive tactics in an effort to stroke discord and undermine confidence in U.S. domestic institutions. Malign foreign actors seek to target ethnic and religious minorities, political dissidents, and journalists in the United States to silence and harass its critics abroad.
   
• Border and Immigration Security: Migrant encounters at our border have steadily declined since the beginning of 2024 and have declined even further since the issuance of the Presidential Proclamation and complementary Interim Final Rule (IFR) were announced on June 4 – decreasing more than 55% in the past four months. We nonetheless expect some individuals with criminal connections to seek to continue to exploit migrants. DHS remains acutely focused on identifying those who may present a threat to public safety or national security and stopping them from entering the United States.
   
• Critical Infrastructure Security: Domestic and foreign adversaries are expected to continue to target our critical infrastructure via prepositioning, cyber, and physical attacks. The People’s Republic of China (PRC), Russia, and Iran are expected to remain the most pressing foreign threats to our critical infrastructure.  Nation-states, criminal hacktivists, and financially motivated criminals will likely hone their techniques to disrupt U.S. services or to conduct espionage focused on gaining access to U.S. networks and critical infrastructure entities. We assess that domestic and foreign violent extremists will continue to call for physical attacks on critical infrastructure in furtherance of their ideological goals and, in response to international conflicts and crises.
   
• Economic Security: Our adversaries – including the PRC - will continue non-market policies and practices, economic espionage and coercive economic tools, and illicit acquisition of technologies and intellectual property to undercut U.S. and partner competitiveness.

Read entire article here
 

FTC Sends Refunds to Consumers Who Bought Pyrex Glass Manufacturer’s Products Falsely Advertised as Made in USA - Federal Trade Commission

The Federal Trade Commission is sending more than $88,000 in refunds to consumers who bought Chinese-made measuring cups marketed as “Made in USA” by Instant Brands, the maker of Pyrex-brand kitchen and home products.

The FTC took action against Instant Brands in 2023 charging that the company claimed that all its popular glass measuring cups were made in the United States, despite some measuring cups actually being imported from China. All told, more than 110,000 units of Chinese-made measuring cup sets were sold to U.S. consumers while being marketed as “Made in USA.” Instant Brands agreed to a settlement with the FTC that stopped the company from making deceptive claims about products being “Made in USA” and required them to pay a monetary judgment.

The FTC is sending checks to 10,259 consumers. Recipients should cash their checks within 90 days, as indicated on the check. Consumers who have questions about their payment should contact the refund administrator, Simpluris, at 833-244-7320, or visit the FTC website to view frequently asked questions about the refund process. The Commission never requires people to pay money or provide account information to get a refund.

The Commission’s interactive dashboards for refund data provide a state-by-state breakdown of refunds in FTC cases. In 2023, FTC actions led to $330 million in refunds to consumers across the country.

The Federal Trade Commission works to promote competition and protect and educate consumers.  The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.

USTR Solicits Comments on Whether to Increase China 301 Tariffs on Certain Tungsten Products, Wafers and Polysilicon - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

Further to its recent notice, the USTR announced on September 19, 2024 that it is seeking comments on whether to increase China 301 tariffs to 25% for 3 subheadings covering certain tungsten products and 50% for 2 subheadings covering wafers and polysilicon. Further background can be found here.

The specific items are as follows:

Tungsten

• 8101.94.00 (Tungsten, unwrought (including bars and rods obtained simply by sintering)).
• 8101.99.10 (Tungsten bars and rods (o/than those obtained simply by sintering), profiles, plates, sheets, strip and foil).
• 8101.99.80 (Tungsten, articles nesoi).

Wafers / Polysilicon

• 2804.61.00 (Silicon containing by weight not less than 99.99 percent of silicon).
• 3818.00.00 (Chemical elements doped for use in electronics, in the form of discs, wafers etc., chemical compounds doped for electronic use).

 A portal for public comments will be open from September 23 – October 22, 2024. The USTR specifically invites comments on

• The extent to which the proposed modification would enhance the effectiveness of the tariff actions in obtaining the elimination of or in counteracting China’s acts, policies, and practices related to technology transfer, intellectual property and innovation; and

The likely effects of the proposed modification on the U.S. economy, including consumers. 

Please do not hesitate to contact any of our attorneys if we can assistance in the preparation of such comments or to further discuss the overall impact of the China 301 action on your company’s operations.
 

Industry Advisory: All FMC Statutes and Regulations Remain in Full Effect in the Event of Terminal Closures Related to Possible Work Stoppage - Federal Maritime Commission

Regulated entities are reminded that all statutes and regulations administered by the Federal Maritime Commission remain in effect during any terminal closures related to potential work stoppage at ports in the East Coast and Gulf of Mexico regions.

The Commission is directing its Bureau of Enforcement, Investigations, and Compliance to investigate any reports of unlawful conduct of regulated entities. The FMC will prosecute violators to the fullest extent of the law.  

Common carriers and marine terminal operators (MTOs) must continue to comply with all statutory and regulatory requirements, including rules governing tariffs, service contracts, MTO schedules, the application of and invoicing for demurrage and detention, and all other fees and surcharges assessed. Demurrage, detention, and all other fees and surcharges must be reasonable, clearly defined, and serve a specific measurable purpose.

FMC regulations require that demurrage and detention fees serve as legitimate financial incentives to encourage cargo movement. Pursuant to these requirements, the Commission will scrutinize any demurrage and detention charges assessed during terminal closures.

Demurrage and detention invoicing must be lawful. The Commission’s rule on such invoicing, implementing provisions of the Ocean Shipping Reform Act of 2022, became effective on May 28, 2024.  Invoices that do not include required information, or that are sent to the wrong entity, are not valid.

To report unlawful actions or to file a complaint, individuals or entities can:

• File a complaint proceeding  for adjudication before the FMC’s Office of Administrative Law Judges.
   
• Submit a Charge Complaint requesting refund of waiver of an erroneous or unlawful charge assessed by a common carrier for rapid review by the Commission.
   
• Request informal assistance to resolve a dispute. The Commission’s Office of Consumer Affairs and Dispute Resolution Services (CADRS) will facilitate communications and seek to quickly resolve disputes between a shipper and a common carrier or MTO. Unlike an order issued in a legal proceeding, resolutions reached through CADRS are voluntary.
   
• Report allegations of violations with the Commission’s Bureau of Enforcement, Investigations, and Compliance. Based on the information received, a formal investigation may be launched.
   
• Provide concerns and information for the benefit of the Commission’s knowledge at complaints@fmc.gov.

Additional information about options for raising and addressing disputes can be found in this instructional video.
 

USTR Issues Federal Register Notice Announcing a Docket for Public Comments on Proposed Tariff Increases Following the Four-Year Review - U.S. Trade Representative

In a Federal Register notice issued today, USTR establishes a 30-day period for public comments on proposed modifications announced on September 13, 2024 to the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The docket will open on September 23, 2024 and close on October 22, 2024.  Procedures for filing comments are detailed in USTR’s Federal Register notice, which is available here. 
 

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Softwood Lumber Products From Canada: Notice of Final Results of Antidumping Duty Changed Circumstances Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Cochlear Implant Systems and Components Thereof; Notice of Institution of Investigation
• Silicomanganese From India, Kazakhstan, and Venezuela; Scheduling of Expedited Five-Year Reviews
• Circular Welded Carbon-Quality Steel Pipe From China; Scheduling of Expedited Five-Year Reviews
• Laminated Woven Sacks From Vietnam; Scheduling of Expedited Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Common Alloy Aluminum Sheet From South Africa: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman: Final Results of the Administrative Review of the Antidumping Duty Order; 2021-2022
• Certain Softwood Lumber Products From Canada: Amended Final Results of Antidumping Duty Administrative Review in Part; 2022
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: United States-Mexico-Canada Agreement (USMCA), Article 10.12: Binational Panel Review: Notice of Request for Panel Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Pick-Up Truck Folding Bed Cover Systems and Components Thereof (III); Notice of a Commission Final Determination of Violation of Section 337; Issuance of a General Exclusion Order and Two Cease and Desist Orders; Termination of the Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Tungsten Shot From People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Investigations; Determinations, Modifications, and Rulings, etc.: Crystalline Silicon Photovoltaic Cells and Modules From China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Raw Flexible Magnets From the People's Republic of China and Taiwan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders
• Brass Rod From Israel: Antidumping Duty and Countervailing Duty Orders
• Ceramic Tile From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With the Final Antidumping Duty Determination
• Prestressed Concrete Steel Wire Strand From Mexico: Final Affirmative Determination of Circumvention of the Antidumping Duty Order
• Certain Pasta From Italy and the Republic of Türkiye: Continuation of Antidumping Duty Orders and Countervailing Duty Orders
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Aluminum Lithographic Printing Plates From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances
• Aluminum Lithographic Printing Plates From Japan: Final Affirmative Determination of Sales at Less-Than-Fair-Value
• Aluminum Lithographic Printing Plates From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair-Value and Final Affirmative Determination of Critical Circumstances
   

Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2024 Amendments) - USDA

AGENCY: Agricultural Marketing Service, Department of Agriculture (USDA).

ACTION: Direct final rule.

SUMMARY: The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, decreasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to ensure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton. In addition, AMS is updating the Import Assessment Table to account for changes since the last assessment adjustment in 2023.

DATES: This direct final rule is effective November 15, 2024, without further action or notice, unless significant adverse comment is received by October 16, 2024. If significant adverse comment is received, AMS will publish a timely withdrawal of the amendment in the Federal Register

SUPPLEMENTARY INFORMATION:
 

USITC Releases The Year in Trade 2023 - U.S. International Trade Commission

The U.S. International Trade Commission (USITC) today released The Year in Trade 2023 (Inv. No. 163-003), its annual overview of developments regarding the operation of the U.S. trade agreements program for 2023.

The USITC's The Year in Trade is one of the government's most comprehensive reports available regarding activities related to U.S. trade policies, agreements, and trade laws. This report is the 75th in a series of annual reports submitted to the U.S. Congress under section 163(c) of the Trade Act of 1974 (19 U.S.C. 2213(c)) and its predecessor legislation.

The publication provides a summary of U.S. international trade laws and actions under these laws, activities of the World Trade Organization (WTO) and select multilateral institutions, and developments regarding U.S. free trade agreements (FTAs) and U.S. bilateral trade relations with major trading partners in 2023. In addition, topics covered in The Year in Trade 2023 include:

• an overview of the global trade environment; 
• U.S. safeguard, antidumping, countervailing duty, intellectual property rights infringement, national security, and section 301 investigations and actions during 2023;
• U.S. trade preference programs, including the U.S. Generalized System of Preferences, the Nepal Trade Preferences Act, the African Growth and Opportunity Act, and the Caribbean Basin Economic Recovery Act, including initiatives for Haiti;
• WTO dispute settlement and other significant activities in the WTO; 
• developments under the Organisation for Economic Co-operation and Development, the Asia-Pacific Economic Cooperation forum, and trade initiatives under negotiation, including the Indo-Pacific Economic Framework for Prosperity and the Americas Partnership for Economic Prosperity;
• implementation and enforcement of the United States-Mexico-Canada Agreement and other U.S. FTAs in force; and
• trade patterns and developments in trading relationships with selected major U.S. partners—the European Union, Canada, Mexico, China, the United Kingdom, Japan, Taiwan, and Kenya.

The report and accompanying dashboard on the report home page provide an overview of U.S. trade in merchandise and services during 2023. Statistical tables highlight U.S. bilateral trade with major partners and trade under U.S. preference programs and FTAs.

The Year in Trade 2023 (USITC Publication 5547, September 2024) will be posted on the USITC's Internet site at https://www.usitc.gov/sites/default/files/publications/332/pub5547.pdf. 

The home page of the report is available at: www.usitc.gov/publications/332/year_in_trade_2023.  

The home page displays interactive figures and tables of underlying data on U.S. merchandise and services trade by country and by sector; U.S. imports under different trade preferences programs; information on Commission antidumping, countervailing duty, safeguard, and section 337 investigations; and information on WTO dispute settlement cases involving the United States. 

For more information about previous The Year in Trade reports, please refer to the Commission’s Investigations Database System (IDS): https://ids.usitc.gov/.
 

Rubio Introduces Bill to Prevent Communist China from Evading U.S. Tariffs - Senator Marco Rubio

Under the Trump Administration, Chinese-manufactured imports were subject to large tariffs. China countered with a multi-pronged strategy to evade U.S. tariffs and trade restrictions. 

Recently, Chinese manufacturers have exploited a loophole in U.S. trade law by shifting manufacturing facilities to third countries with favorable U.S. trade terms, such as Mexico, Vietnam, and Malaysia. This “country hopping” has allowed Chinese companies to evade tariffs and flood the U.S. market with cheap goods.

U.S. Senator Marco Rubio (R-FL) introduced the Stopping Adversarial Tariff Evasion Act to close this loophole and ensure tariffs apply to goods manufactured by a foreign adversary no matter where the production happens. 

• “America’s manufacturing sector has faced growing challenges from unfair foreign competition, particularly from Communist China. The Chinese Communist Party has eroded our industrial base for decades, and now it is bypassing the laws put in place to halt it. My legislation would ensure goods produced by our adversaries are treated as such, no matter where they’re made.
   
• “We must protect our industries and workers from these predatory practices before it’s too late. America cannot afford to surrender its economic future to Beijing.” – Senator Rubio

Flashback … Senator Rubio introduced a report detailing the successes and failures of Communist China’s “Made in China 2025” industrial policy, including the country’s domination of supply chains. He also introduced legislation to tackle “country hopping” in auto manufacturing.
 

BBB Tip: "Brushing” Scam Indicates a Serious Problem for Victims - Better Business Bureau

Free boxloads of merchandise from Amazon or other companies right on your doorstep! What could be bad about getting the Santa treatment all year long? Plenty! Better Business Bureau (BBB) warns consumers that this recent scam has a scary downside. You are not the one who hit the jackpot; a scammer is the real winner.

Read article here
 

Temu Can't Be Trusted With Your Data. We Need States To Step In - Newsweek.com

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