USTR Increases Tariffs on Tungsten Products, Wafers,
and Polysilicon, Concluding its Statutory China 301 Four-Year
Review - Grunfeld, Desiderio, Lebowitz, Silverman
& Klestadt LLP
On December 11, 2024,
further to its September 19th solicitation of comments,
the USTR, has announced increases to 3 subheadings covering certain
tungsten products and 2 subheadings covering wafers and
polysilicon. The details of these increases, which take effect with
respect to goods entered on or after January 1, 2025, are as
follows:
Tungsten (Increase to 25%)
- •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 (Increase to 50%)
- 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).
This action is the
final action taken by the USTR pursuant to its statutory four-year
review of existing China 301 duties. It does not impact any future
potential tariff actions under the incoming administration.
Please do not hesitate
to contact any of our attorneys if we can be of assistance in
connection with the above or to consult on potential strategies
that companies may wish to consider in order to mitigate the impact
of future tariff increases.
USTR Initiates Section 301 Investigation on
Nicaragua’s Acts, Policies, and Practices Related to Labor Rights,
Human Rights, and the Rule of Law- USTR
WASHINGTON –
United States Trade Representative Katherine Tai announced today
the initiation of an investigation regarding Nicaragua’s acts,
policies, and practices related to labor rights, human rights, and
the rule of law. The investigation will be conducted under Section
301 of the Trade Act of 1974, as amended. The United States is
concerned that Nicaragua is engaging in repressive and persistent
attacks on labor rights, human rights, and the rule of law. The
investigation initiated today is the first under Section 301 to
investigate acts, policies, and practices that may violate labor
rights, human rights, and dismantle the rule of law that may burden
U.S. commerce and complements a range of actions the United
States is taking to mark International Human Rights Day today.
“The Biden-Harris Administration is firmly committed to a
worker-centered trade policy to ensure our trade partnerships drive
a race to the top for all workers and people,” said Ambassador
Katherine Tai. “Unfortunately, numerous reports suggest the
Government of Nicaragua is engaging in repressive acts that harm
Nicaragua’s own workers and people, undermine fair competition, and
destabilize our region. USTR will thoroughly investigate the
alleged violations of labor rights and human rights, and
dismantling of the rule of law.”
Numerous credible reports by the U.S. Government, as well as the
United Nations Office of the High Commissioner for Human Rights,
the Inter-American Commission on Human Rights, the International
Labor Organization and the UN Group of Human Rights Experts on
Nicaragua, document that the Ortega-Murillo regime in Nicaragua
engages in labor rights and human rights violations and dismantling
of the rule of law. These actions include: politically-motivated
arrests and imprisonments, repression of members of religious
groups and non-governmental organizations, extrajudicial killings,
cruel, inhuman or degrading treatment, restrictions on freedom of
expression and movement, violence against members of marginalized
groups, repression of freedom of association and collective
bargaining, forced labor, human trafficking, eliminating
legislative and judicial independence, spurious seizures of
property, arbitrary fines and rulings, and other harmful acts. Such
actions exacerbate worker exploitation and diminish economic growth
and trade opportunities.
The United States has a deep commitment to shared prosperity in the
Central American region. Despite continued U.S. engagement,
the Government of Nicaragua has not responded to concerns raised by
the United States or others to serious allegations of labor and
human rights abuses and the dismantling of the rule of law. Through
this investigation, the United States will seek to address and
resolve those long-standing and deep-rooted concerns to ensure U.S.
companies and workers are treated fairly and with equal respect
under a rule of law system.
As explained in a
formal notice, USTR is seeking public comments and will hold a
public hearing in connection with this investigation.
Background
Section 301 of the
Trade Act of 1974, as amended, (Trade Act) is designed to address
unfair foreign practices affecting U.S. commerce. Section 301(b)
may be used to respond to unreasonable or discriminatory foreign
government practices that burden or restrict U.S. commerce. Under
Section 302(b) of the Trade Act, the Trade Representative may
self-initiate an investigation under Section 301.
The U.S. Trade Representative must seek consultations with the
foreign government whose acts, policies, or practices are under
investigation. USTR has requested consultations with Nicaragua in
connection with the investigation.
A docket for comments
regarding the investigation is available here.
A docket for requests
to appear at the public hearing to be held in connection with this
investigation is available here.
Federal Register Notices:
- Antidumping
or Countervailing Duty Investigations, Orders, or Reviews:
Melamine From Germany: Final Affirmative Countervailing Duty
Determination
- Citric Acid
and Certain Citrate Salts From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review;
2022-2023
- Organic
Soybean Meal From India: Final Results and Partial Rescission
of Antidumping Duty Administrative Review; 2021-2023
- Melamine
From Qatar: Final Affirmative Countervailing Duty
Determination and Final Negative Critical Circumstances
Determination
- Oil
Country Tubular Goods From Argentina: Preliminary Results of
Antidumping Duty Administrative Review; 2022-2023
- Melamine From
Trinidad and Tobago: Final Affirmative Determination in the
Countervailing Duty Investigation
- Sales at
Less Than Fair Value; Determinations, Investigations, etc.:
Melamine From Germany: Final Affirmative Determination of
Sales at Less Than Fair Value
- Melamine
From the Netherlands: Final Affirmative Determination of Sales
at Less Than Fair Value
- Melamine
From Qatar: Final Negative Determination of Sales at Less Than
Fair Value and Final Negative Determination of Critical
Circumstances
- Melamine From
Trinidad and Tobago: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part
- Melamine
From Japan: Final Affirmative Determination of Sales at Less
Than Fair Value and Final Affirmative Determination of
Critical Circumstances, In Part
- Investigations;
Determinations, Modifications, and Rulings, etc.: Quartz
Surface Products From China; Scheduling of Expedited Five-Year
Reviews
- Certain
TOPcon Solar Cells, Modules, Panels, Components Thereof, and
Products Containing Same (II); Notice of Institution of
Investigation
- Antidumping
or Countervailing Duty Investigations, Orders, or Reviews:
Forged Steel Fittings From the People's Republic of China:
Final Results of the Antidumping Duty Administrative Review;
2022-2023
- Organic Soybean
Meal From India: Final Results of Countervailing Duty
Administrative Review; 2021-2022
- Certain
Carbon and Alloy Steel Cut-to-Length Plate From the Republic
of Korea: Final Results of Countervailing Duty Administrative
Review; 2022
- Refillable
Stainless Steel Kegs From the People's Republic of China:
Notice of Court Decision Not in Harmony With the Final
Determination of Antidumping Investigation; Notice of Amended
Final Determination; and Notice of Amended Antidumping Duty
Order
- Investigations;
Determinations, Modifications, and Rulings, etc.: Certain
Networking Equipment Supporting NETCONF; Notice of the
Commission's Determination To Review and Affirm Order No. 19
Granting Summary Determination Finding No Infringement, Review
and Vacate Order No. 23, and Grant in Part Third Party
Xenogenic Development, LLC's Motion To Intervene; Termination
of the Investigation
- Certain
Power Converter Modules and Computing Systems Containing the
Same; Notice of a 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
- Silicomanganese
From India, Kazakhstan, and Venezuela Determinations
- Paper File
Folders From Cambodia and Sri Lanka
- Antidumping
or Countervailing Duty Investigations, Orders, or Reviews:
Steel Wire Garment Hangers From the People's Republic of
China: Final Results of the Expedited Third Sunset Review of
the Antidumping Duty Order
- Polyethylene
Terephthalate Resin From the Sultanate of Oman: Final Results
of Antidumping Duty Administrative Review; 2022-2023
- Laminated
Woven Sacks From the Socialist Republic of Vietnam: Final
Results of the Expedited First Sunset Review of the
Countervailing Duty Order
- Laminated Woven
Sacks From the Socialist Republic of Vietnam: Final Results of
Expedited First Sunset Review of the Antidumping Duty Order
- Carbon and
Alloy Steel Wire Rod From Ukraine: Rescission of Antidumping
Duty Administrative Review; 2023-2024
- Antidumping
or Countervailing Duty Investigations, Orders, or Reviews:
Welded Stainless Pressure Pipe From India: Preliminary Results
and Partial Rescission of Antidumping Duty Administrative
Review; 2022-2023
- Steel
Concrete Reinforcing Bar From the Republic of Türkiye:
Preliminary Results and Partial Rescission of Countervailing
Duty Administrative Review; 2022
- Certain Aluminum
Foil From the Republic of Türkiye: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative
Review; 2022
- Circular
Welded Non-Alloy Steel Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review;
2022-2023
- Certain
Aluminum Foil From Brazil: Preliminary Results of Antidumping
Duty Administrative Review; 2022-2023
- Pure
Magnesium From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2022-2023
- Oil Country
Tubular Goods From the Republic of Korea: Preliminary Results
and Rescission, In Part, of Countervailing Duty Administrative
Review; 2022
- Certain
Aluminum Foil From the Sultanate of Oman: Preliminary Results
of Countervailing Duty Administrative Review; 2022
- Chlorinated
Isocyanurates From the People's Republic of China: Preliminary
Results of the Countervailing Duty Administrative Review and
Partial Rescission; 2022
- Certain
Aluminum Foil From the Sultanate of Oman: Preliminary Results
of Antidumping Duty Administrative Review; 2022-2023
- Certain Aluminum
Foil From the Republic of Türkiye: Preliminary Results and
Rescission, in Part, of Antidumping Duty Administrative
Review; 2022-2023
- Large
Diameter Welded Pipe From the Republic of Korea: Final Results
of Antidumping Duty Administrative Review; 2022-2023
- Investigations;
Determinations, Modifications, and Rulings, etc.: Hard Empty
Capsules From Brazil, China, India, and Vietnam
- Certain
Products Containing Tirzepatide and Products Purporting To
Contain Tirzepatide; Notice of Request for Submissions on the
Public Interest
- Certain Electronic
Devices, Including Smartphones, Computers, Tablet Computers,
and Components Thereof; Notice of a Commission Determination
Not To Review an Initial Determination Granting Joint Motion
To Terminate the Investigation Based on Arbitration; Termination
of Investigation
- Steel
Concrete Reinforcing Bar (Rebar) From Belarus, China,
Indonesia, Latvia, Moldova, Poland, and Ukraine
CBP, U.S. Chamber Urge Holiday Shoppers to Beware of
Counterfeits - U.S. Customs
& Border Protection
Shop Smart campaign
educates consumers to keep Americans and their families safe from
fakes.
WASHINGTON –
As consumers prepare for holiday shopping, U.S. Customs and Border
Protection (CBP) and the U.S. Chamber of Commerce are hitting the
airwaves and television networks nationwide to brief consumers on
the counterfeit goods industry, equipping shoppers to ‘shop smart’
with the tools needed to spot, avoid, and take action against
fakes.
“There are
significant health and safety hazards associated with counterfeit
products,” said AnnMarie R. Highsmith, Executive Assistant
Commissioner for CBP’s Office of Trade. “We’ve seen it all – toys
with elevated lead content to cosmetics with nasty ingredients you
wouldn’t want on your skin. These aren’t the gifts you want to give
to your family.”
Illegal actors
exploit the holiday shopping surge to push counterfeits to
unsuspecting consumers looking for deals. They often use the
proceeds of these goods to support terrorism and other violent and
illegal activities that put consumers at risk. The following tips
can help keep families safe while ensuring their hard-earned money
does not help fund criminal activity:
- Trust
your instincts: If a deal seems too good to be true or an
online advertisement links to a suspicious-looking website, it
is best to use caution.
- Prioritize
secure payments: When shopping online, only buy from sites
that begin with https:// — the 's' stands for secure. Also,
check for a lock symbol in your browser to confirm the site's
safety.
- Examine
every detail: When you receive products purchased
online, pay close attention to labels, packaging, and
contents. Watch out for broken or missing safety seals and
unusual packaging, as these could all be signs of fake goods.
- Protect
your data: Keep all your devices, including computers
and smartphones, updated with the latest cybersecurity
protections to fend off any potential cyber threats. Stay
alert to suspicious websites that may conceal malware.
- Say
something: Spread awareness among friends, family,
and coworkers about counterfeit goods sold on illicit
websites. Fake goods should be reported through CBP’s Trade
Violations Reporting platform or the National Intellectual
Property Rights (IPR) Center. Your actions can make online
shopping safer and smarter for all.
“We’re always proud
to team up with our colleagues at CBP to provide consumers with
tips for safe shopping,” said Tom Quaadman, Senior Vice President
for Economic Policy at the U.S. Chamber of Commerce. “Together,
business and law enforcement are empowering consumers and families
to stay safe this holiday season.”
Counterfeit goods are
often made with inferior quality, which leads consumers to purchase
and re-purchase the same items, generating excessive waste in U.S.
landfills. Consumers are better off buying genuine goods from
legitimate businesses, as they are more likely to last longer and
to be made with safe materials.
In Fiscal Year 2024,
CBP seized more than 32 million counterfeit items. Had these items
been genuine, they would have been worth more than $5.4 billion -
money that could be supporting law-abiding businesses and
entrepreneurs who create jobs and contribute to U.S. economic
stability.
For more information
on how to shop smart, visit the U.S. Chamber of Commerce’s “Shop Smart”
resources, as well as CBP’s Truth Behind Counterfeits website.
Dulles Agriculture Specialists Catch Two Dangerous
Insect Pests of Distinction – One First-in-Port, One Not Seen in 40
Years - U.S. Customs
& Border Protection
STERLING, Va. –
U.S. Department of Agriculture entomologists recently confirmed
that U.S. Customs and Border Protection agriculture specialists at
Washington Dulles International Airport intercepted two insect
pests that hold interesting distinction – a first-in-port discovery
and one that hasn’t been observed here in 40 years.
CBP agriculture
discovered the two insect pests while inspecting a shipment of 188
protea and chamelaucium cut-stem flowers imported from South Africa
on October 7. The flowers were destined to an address in King
George County, Va. CBP agriculture specialists routinely inspect
flower imports to ensure that they are free of pests that pose
serious threats to our nation’s agricultural and environmental
resources.
Agriculture
specialists safeguarded the specimens and sent them to the U.S.
Department of Agriculture (USDA) entomologist. The entomologist
identified the specimens as Caprhiobia sp. (Lygaeidae), and
Oxycarenus maculatus (Protea seed bug). Both pests are known to
occur in Africa.
Caprhiobia
sp. (Lygaeidae) is a plant bug known to occur in
South Africa that that has a voracious appetite and causes
extensive damage to vegetation. The USDA entomologist consulted the
national pest identifier database and confirmed this as a
first-in-port discovery, meaning there has been no previous
reported discovery of Caprhiobia sp. (Lygaeidae) in this region.
Oxycarenus maculatus
is also known as the Protea seed bug. Seed bugs are a crop pest and
poses a serious threat to our nation’s crop industries, such as
corn, grains, wheat, cotton, fruit, tree nuts, and vegetables. The
USDA entomologist consulted the national pest identifier database
and confirmed that this insect pest has not been observed locally
since November 1984.
“Invasive insect
pests pose a severe threat to our agricultural industries and to
our nation’s economic security,” said Marc Calixte, CBP’s Area Port
Director for the Area Port of Washington, D.C. “Customs and Border
Protection agriculture specialists remain steadfast on our nation’s
frontline protecting our natural and agricultural resources from
invasive pests and plants, and from animal and plant diseases that
could cripple our nation’s economy.”
CBP agriculture
specialists have extensive training and experience in the
biological sciences and agricultural inspection, and they inspect
tens of thousands of international air passengers, and air and sea
cargoes being imported to the United States. They are on our
nation’s frontlines to ensure our nation’s economic resilience by
protecting our critical agricultural resources.
During a typical day
last year, CBP agriculture specialists across the nation seized
3,287 prohibited plant, meat, animal byproducts, and soil, and
intercepted 231 insect pests at U.S. ports of entry.
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.
DOT Launches Rulemaking to Protect Passengers Stranded
by Airline Disruptions - Department of
Transportation
Rulemaking builds on
Biden-Harris Administration’s enforceable flightrights.gov
commitments and automatic refund rule, and would give passengers
greater protections during disrupted travel
WASHINGTON –
The U.S. Department of Transportation (DOT) today launched a
rulemaking to protect passengers stranded by airlines canceling or
significantly changing their flights. The Advance Notice of
Proposed Rulemaking (ANPRM) seeks public comment on requiring airlines
to pay passengers cash compensation, rebook them for free on the
next available flight, and cover meals, overnight lodging, and
related transportation expenses when a disruption is
airline-caused, such as a mechanical issue or an IT airline system
breakdown.
“Americans know the
importance of a robust airline industry, which is why this
country—and U.S. taxpayers — kept U.S. airlines afloat when the
COVID pandemic threatened their very existence,” said U.S.
Transportation Secretary Pete Buttigieg. “Now that we are on the
other side of the pandemic and air travel is breaking records, we
must continue to advance passenger protections. This action we’re
announcing is another step forward into a better era for commercial
air travel—where the flying public is better protected and
passengers aren’t expected to bear the cost of disruptions caused
by airlines.”
Cancellations and
lengthy flight delays can pose significant hardship, stress, and
financial cost to travelers. The Government Accountability Office
(GAO) found that flight cancellations from July 2021 through April
2022 potentially affected over 15 million passengers and flight
delays potentially affected over 116 million passengers. According
to data from U.S. airlines submitted to DOT, in both 2022 and 2023,
over 60% of three-hour or longer domestic flight delays were
airline-caused.
Canada, Brazil, the
European Union, the United Kingdom, and other countries have
adopted consumer protections that compensate passengers and provide
services when an airline causes a significant delay. One study
found that the European Union’s compensation and service
requirements reduced the likelihood and duration of flight delays.
U.S. airlines
received $54 billion in taxpayer bailouts during the COVID-19
pandemic, helping the industry recover and enjoy record travel
demand. While no U.S. airline provides cash compensation to
passengers for airline-caused disruptions, following DOT actions,
several airlines must provide at least $50 in credits or vouchers.
Thanks to DOT pressure on airlines, the ten largest U.S. airlines
have committed to rebook stranded passengers at no additional cost
and cover meals during an airline-caused disruption, and nine have
committed to providing lodging and related transportation expenses.
However, airlines can change course on their customer service
commitments at their discretion, and it is often up to the airlines
to determine when they are responsible for a flight delay or
cancellation.
Passengers currently
face many challenges in holding airlines to their promises because
there is no legal obligation for airlines to notify passengers when
they are entitled to services promised in the customer service
plan, and their policies are generally vague on the details of
delivery. Passengers must also typically request these services at
the airport in person, and frontline staff may not know if a flight
disruption is airline-caused or may not have enough vouchers to
provide upfront services to everyone. Airlines generally do not
clearly disclose when, what, and how much they will reimburse
passengers who pay out of pocket.
The Department’s
rulemaking is aimed at addressing these gaps by establishing
baseline standards on what airlines are obligated to deliver to
stranded passengers during disruptions. The Department is
considering the following requirements for airlines when there is a
cancellation or lengthy delay due, in whole or in part, to any
circumstance within the control of the airline:
- Pay
at least $200 in cash compensation: DOT
is considering requiring airlines to automatically pay cash
compensation to passengers whose trip disruption is caused by
an airline. DOT is considering a tiered approach where
compensation could range from $200-$300 for domestic delays of
at least three hours but less than six, $375-$525 for delays
of at least six hours but less than nine, and $750-$775 for
delays of nine hours or more. DOT is also considering whether
small airlines should pay less than large airlines and whether
or not compensation should be required when a passenger is
notified a week or two in advance of the cancellation or
significant delay.
- Rebook
at no additional cost on the next available flight: The
Department is considering requiring airlines to offer free
rebooking when the passenger’s flight is cancelled, their
departure is delayed three hours or more domestically or six
hours or more internationally, or if a delay results in a
missed connection. DOT is considering requiring rebooking on
the next available flight operated by the airline or its
branded codeshare partners, and if flights on those airlines
are not available within 24 hours, then any carrier that the
airline has a commercial agreement to transport the airline’s
passengers.
- Cover
meals, overnight lodging, and related transportation expenses: DOT
is considering requiring airlines to provide meals, overnight
lodging, and transportation to and from lodging for stranded
passengers and establishing standards regarding what must be
covered as part of each service, including how often it must
be provided during lengthy disruptions. DOT is considering
requiring airlines to automatically pay a minimum
reimbursement for each service an affected passenger is
entitled to receive when airlines do not provide these
services upfront, and passengers do not submit receipts for
costs up to a maximum reimbursement threshold per service.
The rulemaking also
solicits comment on when to consider a cancellation or delay within
an airline’s control; whether airlines should provide free
rebooking and certain services, like meals, during significant
delays or cancellations regardless of cause, like during extreme
weather events; how to incentivize large airlines to provide
rebooking reciprocity to small airlines or disincentivize large
airline practices that prevent rebooking reciprocity; what
notifications should be required to ensure that passengers receive
the correct information from the airline in a timely manner; and
what customer service standards might be necessary to minimize wait
times for passengers affected by a cancellation or delay.
The ANPRM on Airline
Passenger Rights is available HERE and
provides the public with 60 days to offer comments.
DOT’s Historic Record
of Consumer Protection Under the Biden-Harris Administration
Under Secretary
Buttigieg, DOT has advanced the largest expansion of airline
passenger rights, issued the biggest fines against airlines for
failing consumers, and secured returns of more money to passengers
in refunds and reimbursements than ever before in the Department’s
history.
- Automatic
Refund Rule: DOT issued a final rule that requires
airlines to provide automatic cash refunds to passengers when
owed. The rule makes clear that airline passengers are
entitled to a refund when their flight is canceled or
significantly changed and they no longer wish to take that
flight or be rebooked, when their checked baggage is
significantly delayed, or when extra services they paid for –
like Wi-Fi – are not provided. The rule also requires refunds
to be automatic, prompt, in the original form of payment, and
in the full amount paid. Key automatic refund requirements for
airlines went into effect on May 16, 2024, when President
Biden signed the FAA Reauthorization Act of 2024 into law, and
the remaining airline refund protections under DOT's rule are
effective as of October 28, 2024.
- Passengers
can better understand their rights under this new rule by
reading this explainer.
- Surprise
Airline Junk Fee Rule: DOT issued a final rule to protect consumers
from costly surprise airline junk fees. The rule fosters a
more competitive airline market by requiring airlines to
disclose critical extra fees upfront – like change fees and
baggage fees – to ensure consumers can better understand the
true cost of their travel. The rule also bans
“bait-and-switch” advertising tactics and requires airlines to
clearly tell passengers upfront that a seat is included with
the cost of their ticket and they do not need to pay extra for
one. Airlines have challenged this rule in court, and the
court has put a temporary hold on implementation of the rule.
The Department will continue to defend this rule and notes
that nothing in the Court’s decision prevents airlines from
voluntarily complying with this common-sense rule. If the rule
were to go into effect, it would save consumers over half a
billion dollars every year.
- Billions
of Dollars Returned to Passengers:
Since President Biden took office, DOT has helped oversee the
return of almost $4 billion in refunds and reimbursements owed
to airline passengers – including more than $600 million to
passengers affected by the Southwest Airlines holiday meltdown
in 2022 – through enforcement actions.
- Stronger
Airline Oversight: Under Secretary Buttigieg, DOT has issued
nearly $225 million in penalties against airlines for consumer
protection violations. Between 1996 and 2020, DOT collectively
issued $70 million in penalties against airlines for consumer
protection violations.
- Expanded
Enforcement Capacity: DOT launched a new partnership with a
bipartisan group of state attorneys general to fast-track the
review of consumer complaints, hold airlines accountable, and
protect the rights of the traveling public.
- Lowest
Flight Cancellations in 10+ Years: In
2023, the flight cancellation rate in the U.S. was a record
low at under 1.2 percent – the lowest rate of flight
cancellations in over 10 years despite a record amount of air
travel.
- Inquiries
on Privacy Practices and Rewards Programs: DOT is
undertaking its first ever industry-wide review of airline
privacy practices and its first inquiry into airline rewards
programs.
In addition to
finalizing the rules to require automatic refunds and protect
consumers from surprise fees, DOT has proposed:
- Banning
Family Seating Junk Fees: DOT has proposed to ban
family seating junk fees and guarantee that parents can sit
with their children for no extra charge when they fly. Before
President Biden and Secretary Buttigieg pressed airlines last
year, no airline committed to guaranteeing fee-free family
seating. Now, four airlines guarantee fee-free family seating,
as the Department is working on its family seating junk fee
ban proposal.
- Protecting
Passengers Who Use Wheelchairs: DOT
has proposed to expand the rights for passengers who use
wheelchairs and ensure that they can travel safely and with dignity.
The Department is actively working on a final rule now.
For information about airline passenger rights, as
well as DOT’s rules, guidance, and orders, visit the Department’s
aviation consumer website: https://www.transportation.gov/airconsumer.
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