|
CBP Issues Guidance on
the Use of Isotopic Testing to Determine Origin – Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
U.S Customs and Border
Protection has published its first Isotopic Testing Guidance
document, which can be accessed on the CBP website using the
following link – https://www.cbp.gov/document/publications/isotopic-testing-guide
[cbp.gov].
The Guidance explains CBP’s perception of the role of isotopic
testing in supply chain traceability and sets out recommended
isotopic testing standards.
As explained in the
Guidance, isotopic testing is a scientific method that identifies
the atomic structure of naturally occurring materials, or a
“fingerprint” of the material, affected by local environmental
conditions. When that “fingerprint” is compared to a library of
like materials from various geographic areas, isotopic testing can
indicate whether the raw material being tested is consistent with
the claimed geographic origin.
Although supply chain
traceability has always been important, post implementation of the
Uyghur Forced Labor Prevention Act (“UFLPA”), an importer’s ability
to fully trace the raw materials and inputs used to fabricate its
imported goods has become crucial in accessing the U.S. market. The
need for traceability is most pronounced in demonstrating the
absence of forced labor, but the ability to substantiate origin can
be equally relevant in showing that a shipment is not subject to
China 301 duties or antidumping/countervailing duties, among other
things. Although not a silver bullet, isotopic testing is one tool
importers may want to consider in managing risk in their supply
chains.
GDLSK remains committed
to helping its clients navigate the ever-changing regulatory
environment for trade. Please do not hesitate to contact Heather C.
Litman or one of the other attorneys at the firm with any
questions.
Letter to the Speaker of
the House and President of the Senate to Facilitate Positive
Adjustment to Competition from Imports of Fine Denier Polyester
Staple Fiber – The White House
Dear Mr. Speaker: (Dear Madam President:)
In accordance with
section 203(b) of the Trade Act of 1974, as amended (the “Act”), I
hereby transmit documents to the Congress that describe the
safeguard action that I have proclaimed on imports of fine denier
polyester staple fiber, pursuant to the authority vested in me by
the Constitution and the laws of the United States, including
sections 201 and 203(a)(1) of the Act, and the reasons for taking
these actions.
Sincerely,
JOSEPH R. BIDEN JR.
=============================
Federal Register Notices:
- Antidumping or Countervailing Duty
Investigations, Orders, or Reviews: Phosphate Fertilizers From
the Kingdom of Morocco: Final Results of Countervailing Duty
Administrative Review; 2022
- Wooden Cabinet and Vanities and Components
Thereof From the People’s Republic of China: Final Results and
Partial Rescission of the Antidumping Duty Administrative
Review; 2022-2023
- Steel Wire Garment Hangers From the People’s
Republic of China: Final Results of the Expedited Third Sunset
Review of the Antidumping Duty Order
- Certain Aluminum Foil From the People’s
Republic of China: Final Results of Countervailing Duty
Administrative; 2022
- Phosphate Fertilizers From the Russian
Federation: Final Results of Countervailing Duty
Administrative Review; 2022
- Wooden Cabinets and Vanities and Components
Thereof From the People’s Republic of China: Final Results of
Countervailing Duty Administrative Review; 2022
- Certain Hot-Rolled Carbon Steel Flat Products
From India and Indonesia: Final Results of the Expedited
Fourth Sunset Reviews of the Countervailing Duty Orders
- Laminated Woven Sacks From the People’s
Republic of China: Final Results of the Third Expedited Sunset
Review of the Countervailing Duty Order
- Certain Hot-Rolled Carbon Steel Flat Products
from Thailand: Final Results of Expedited Fourth Sunset Review
of the Countervailing Duty Order
- Sodium Nitrite From the People’s Republic of
China: Final Results of Expedited Third Sunset Reviews of the
Countervailing Duty Order
- Steel Propane Cylinders From the People’s
Republic of China: Final Results of the Expedited First Sunset
Review of the Countervailing Duty Order
- Antidumping and Countervailing Duty Orders on
Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People’s Republic of China:
Notice of Amended Final Affirmative Determination of
Circumvention Pursuant to Settlement Agreement
- Antidumping Duty Order on Hydrofluorocarbon
Blends From the People’s Republic of China: Final Negative
Determination of Circumvention With Respect to R-410B From
Mexico
- Certain Hot-Rolled Carbon Steel Flat Products
from India, Indonesia, the People’s Republic of China, Taiwan,
Thailand, and Ukraine: Final Results of Expedited Fourth
Sunset Reviews of the Antidumping Duty Orders
- Certain Aluminum Foil From People’s Republic of
China: Final Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and Rescission of
Review, in Part; 2022-2023
- Investigations; Determinations, Modifications,
and Rulings, etc.: Steel Wire Garment Hangers From China;
Scheduling of an Expedited Five-Year Review
- Certain Vaporizer Devices, Cartridges Used
Therewith, and Components Thereof; [Revised] Notice of
Commission Determination To Review in Part a Final Initial
Determination Finding a Violation of Section 337; Request for
Written Submissions on the Issues Under Review and on Remedy,
the Public Interest, and Bonding
- Antidumping or Countervailing Duty
Investigations, Orders, or Reviews: Certain Hot-Rolled Steel
Flat Products From the Republic of Korea: Preliminary Results
and Rescission, in Part, of Antidumping Duty Administrative
Review; 2022-2023
- Sodium Nitrite From Federal Republic of Germany
and People’s Republic of China: Final Results of Expedited
Third Sunset Reviews of Antidumping Duty Orders
- Common Alloy Aluminum Sheet From India: Final
Results of Countervailing Duty Administrative Review; 2022
- Agreement Suspending the Antidumping Duty
Investigation on Lemon Juice From Argentina; Preliminary
Results of 2022-2023 Administrative Review
- Stainless Steel Flanges From India: Preliminary
Results and Partial Rescission of Countervailing Duty
Administrative Review; 2022
- Certain Hot-Rolled Steel Flat Products From
Japan: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review; 2022-2023
- Certain Hot-Rolled Steel Flat Products From the
Republic of Korea: Preliminary Results and Partial Rescission
of Countervailing Duty Administrative Review; 2022
Record Number of “First in
the Nation” and “First in the Port” Destructive Pests in Cut
Flowers Intercepted by CBP at LAX – U.S. Customs & Border Protection
Harmful pests from
overseas pose a threat to United States vital agriculture resources
LOS ANGELES
— It has been a busy year for U.S. Customs and Border Protection
(CBP) agriculture specialists assigned to Los Angeles International
Airport (LAX). They are the frontline in protecting America’s vital
agriculture resources from foreign harmful pests, animal and plants
diseases and bioterrorism.
Since November 2023,
CBP agriculture specialists have intercepted a significant number
of “first in the nation” “first in the port” invasive pests
arriving in shipments of fresh cut flowers from Colombia, India,
the Netherlands, New Zealand, Portugal, and Tanzania.
Among the
interceptions were Kikihia angusta (Walker), a cicada from New
Zealand, Adetaptera ovatula (Bates), a long-horn beetle from
Central America, Zorion guttigerum (Westwood), a long-horn beetle
from New Zealand, Uroleucon jaceae (L.), an aphid from Europe and
Central Asia, and Steirarhinus depressicollis (Gyllenhal) a weevil
from South and Central America.
These species damage
plants in a variety of ways. Weevils directly feed on the
roots, leaves and fruit of plants. Long horn beetles bore
into the stem and wood of plants and can be significant threats to
American forest and agriculture. Besides the direct damage
Cicadas can do by feeding on plant roots, when they lay their eggs,
they can harm young trees and bushes, aphids not only can weaken
and kill plants by feeding on the phloem of plants, they also are
import vectors of plant diseases.
Area Identifiers and
National Specialists from USDA’s Animal and Plant Health Inspection
Services, Plant Protection and Quarantine’s National Identification
Services (NIS) and the Agriculture Research Service’s Systematic
Entomology Laboratory (SEL) in Los Angeles and Washington, D.C.
identified these species. And each one was deemed actionable
and treated under USDA APHIS PPQ supervision.
“These invasive
species are among the many threats to American agriculture and
natural resources,” said Cheryl M. Davies, CBP Director of Field
Operations in Los Angeles. “Through targeting, detection, and
interception, CBP agriculture specialists work to prevent these
threats from entering the United States.”
A “first in the
nation” determination means, it is the first time the pest was
recorded being intercepted at a port of entry or collected being in
the country. A “first in the port” determination, means that
while this pest has been identified at other ports or has other
country records, it is the first time it was record from that port
of entry.
“CBP agriculture
specialists apply their scientific knowledge every day, they are
experts in biological sciences, agriculture, natural resource
management, animal science, plant science, and pest management,”
said Andrew H. Douglas, CBP LAX Port Director.
During the same
period, CBP agriculture specialists at LAX issued 3,056 Emergency
Action Notifications (EANs). EANs alert trade entities of
non-compliance with Animal and Plant Health Inspection Service
(APHIS) regulations.
The EAN provides
options for regulatory enforcement actions that must be taken to
prevent the entry of plant pests, prohibited plant products, or
animal products capable of introducing foreign animal diseases.
To learn more about
CBP’s agriculture mission, visit: Protecting Agriculture.
Nationwide on a
typical day in 2023, CBP agriculture specialists seize more than
3,287 prohibited plants, meat and animal byproducts and intercept
over 231 agricultural pests that could potentially harm America’s
agricultural resources.
FTC Action Stops H&R
Block’s Unfair Downgrading Practices and Deceptive Promises of
‘Free’ Filing – Federal Trade Commission
Proposed settlement
would require company to pay $7 million for consumer redress and
make changes for consumers in tax filing seasons 2025 and 2026
A Federal Trade
Commission lawsuit is leading to changes for consumers who use
H&R Block’s do-it-yourself online tax filing products. A
proposed FTC settlement would stop H&R Block from unfairly
requiring consumers seeking to downgrade to a cheaper H&R Block
product to contact customer service, from unfairly deleting users’
previously entered data and from making deceptive claims about
“free” tax filing.
The tax-filing
company has agreed to a proposed settlement that will require the
company to make a number of changes for the 2025 tax filing season
in addition to longer-term changes. The settlement would also
require the company to pay $7 million to the FTC to be used to
redress consumers harmed by the company’s unlawful practices.
“American taxpayers
who seek tax-filing help should be able to choose the services they
need—and know the truth about how much they’ll pay,” said Samuel
Levine, Director of the FTC’s Bureau of Consumer Protection. “The
FTC’s action today will help lower the stress and expense of tax
season for millions of taxpayers.”
The FTC filed an
administrative lawsuit against H&R Block in February 2024,
charging that the company deceptively advertised that its online
tax filing products were “free” when many—if not most—consumers
could not actually file for free.
H&R Block also
failed to explain clearly which of its products cover what forms,
schedules, or tax situations, leading many consumers to spend time
completing their tax returns in products that were more expensive
than they needed. When consumers later attempted to downgrade to a
less expensive product after realizing they did not need or want
those more expensive products, H&R Block presented them with a
series of time-consuming obstacles. First, consumers had to contact
customer service by phone or chat to request to downgrade, which
was time-consuming. Then, when consumers did downgrade, H&R
Block deleted the data they had previously entered, costing
consumers additional time to re-enter their tax information in the
downgraded product. Consumers who sought to upgrade encountered no
such obstacles.
The proposed
settlement would require H&R Block to stop its illegal conduct
by making it easier for consumers to downgrade products and by
eliminating its practice of completely deleting consumers’
previously entered data. By February 15, 2025, the company will be
required to allow consumers to downgrade products without spending
time contacting customer service.
In addition to the $7
million payment, the proposed order would also require H&R
Block, by the 2026 tax filing season, to stop completely deleting
consumers’ previously entered information. Specifically, when a
consumer downgrades back to the product they upgraded from, H&R
Block must ensure that the consumer returns to the same point in
filing where they were when they upgraded, saving consumers
significant time and effort. H&R Block must also provide an
easily noticeable and always available way for consumers to
downgrade without having to call customer service or chat with a
live customer service agent.
The proposed order
also would require H&R Block to disclose in its “free”
advertising either the percentage of taxpayers who are actually
eligible to use any “free” products or that the majority of
taxpayers do not qualify.
The Commission vote
to accept the consent agreement was 5-0. Commissioner Andrew
Ferguson issued a statement. Commissioner Melissa Holyoak concurs
in acceptance of the proposed consent agreement for public comment
but notes that such acceptance does not constitute her final
approval. The FTC will publish a description of the consent
agreement package in the Federal Register soon. The agreement will
be subject to public comment for 30 days after the package is
published in the Federal Register, after which the Commission will
decide whether to make the proposed consent order final.
Instructions for filing comments appear in the published notice.
Once processed, comments will be posted on Regulations.gov.
NOTE: When the Commission issues a consent order on
a final basis, it carries the force of law with respect to future
actions. Each violation of such an order may result in a civil
penalty of up to $51,744.
Keep Food Safety in Mind
this Thanksgiving – USDA
WASHINGTON, November
12, 2024 – Turkey is the most popular dish
during Thanksgiving celebrations, yet there are many inexperienced
cooks who will be in the kitchen. The U.S. Department of
Agriculture (USDA) is encouraging consumers to practice food safety
throughout the entire Thanksgiving process, from the grocery store
to the dining table.
“On the most popular
food holiday of the year, we’re reminding consumers to follow safe
food handling practices starting at the grocery store and going all
the way through enjoying your leftovers,” said Under Secretary for
Food Safety Dr. Emilio Esteban. “Following these basic steps can
help keep your family and friends safe this holiday season.”
To keep your
Thanksgiving food safe, follow this guide:
Shopping
- Bacteria
can multiply to dangerous levels if perishables, like turkey,
are left in the Danger Zone (temperatures between 40 F and 140
F) for too long. Pick up your turkey and other perishable
products at the end of your grocery shopping so they stay cold
as long as possible. Pack perishables in insulated bags with
cold sources if the commute home is longer than an hour and
place them in the refrigerator as soon as you get home.
- Make
sure the packaging of your turkey is not torn or leaking.
Juices from raw poultry can cause cross-contamination of
harmful bacteria that can get you sick. Place turkey, and
other raw meat products, in plastic bags and in a separate
part of your shopping cart to prevent harmful bacteria from
spreading.
Thawing
A frozen turkey can be safely thawed in the
refrigerator or in cold water:
- When
thawing in a refrigerator at 40 F or below, allow roughly 24
hours for every 4 to 5 pounds. Consider putting the turkey in
a container or dish to contain juices that may leak.
- When
thawing in cold water, allow roughly 30 minutes per pound.
Submerge the wrapped turkey into the cold water and change the
water every 30 minutes until the turkey is fully thawed. Once
thawed, cook the turkey immediately.
Preparing
When it is time to
prepare the turkey, keep in mind that turkeys may contain bacteria
that cause foodborne illness. Keep the turkey and its juices
separate from foods that won’t be cooked and fully clean and
sanitize surfaces that come into contact with the turkey and its
juices. A USDA study found that about 30% of consumers did not
successfully clean and sanitize kitchen surfaces around meal
preparation.
Washing a turkey is
risky because it can spread bacteria to your sink and other nearby
surfaces. If you choose to wash it, make sure to fully clean
surfaces with soap and water afterwards and then sanitize using a
sanitizing solution.
Cooking
There are many ways
to cook a turkey, but one thing remains consistent: the turkey
needs to reach a safe minimum internal temperature of 165 F, as
measured by a food thermometer, in three places — the thickest part
of the breast, the innermost part of the thigh, and the innermost
part of the wing. Always use a thermometer to make sure the turkey
is fully cooked even if the turkey has a pop-up temperature
indicator. If stuffing your turkey, the stuffing must also reach
165 F in the center of the stuffing.
Serving
- When
serving food to groups, remember the two-hour rule. Perishable
foods that have sat out at room temperature for more than two
hours are unsafe, due to bacterial growth, and must be
discarded. When you are serving food, keep your hot food hot
and cold food cold. This will keep it from developing harmful
bacteria. Hot foods such as turkey, macaroni and cheese,
stuffing, mashed potatoes and gravy must be kept at or above
140 F and you can do so by serving them in warming trays,
chafing dishes, slow cookers, etc.
- Cold
foods such as salad, cranberry relish, deviled eggs and cold
dips must be kept below 40 F and you can do so by serving them
in trays or bowls nestled over ice. Remember to replace the
ice as it melts. You can also serve cold foods by dividing
them in small portions and serving them a portion at a time,
keeping the remainder in the refrigerator.
Leftovers
Leftovers are arguably one of the best parts of
Thanksgiving. For leftovers to be safe to keep, they must be
refrigerated within two hours of serving or have been kept hot at
or above 140 F or cold below 40 F. Discard any foods that sat out
for more than two hours at room temperature because bacteria that
cause foodborne illness could have reached dangerous levels. If you
have turkey leftovers, carve the bird into smaller pieces and place
them into small, shallow containers so the meat can cool evenly and
quickly.
If you have food
safety questions while planning and preparing your Thanksgiving
feast, call the USDA Meat and Poultry Hotline at 1-888-MPHotline
(1-888-674-6854), email MPHotline@usda.gov
or chat live at www.ask.usda.gov
10 a.m. to 6 p.m. Eastern Time, Monday through Friday to reach a
food safety specialist in English or Spanish. The Meat and Poultry
Hotline is also open on Thanksgiving Day from 8 a.m. to 2 p.m.
Eastern Time.
|
