Port Holiday Closures:

• Maher Terminals will be CLOSED Christmas Eve (Dec. 24) & Christmas Day, Dec.25
   
• PNCT - Monday, 12/23, PNCT will have OOG/Heavy Lift. Tues, 12/24 + Wed ,12/25 PNCT will be CLOSED. and Friday 12/27 OOG/Heavy Lift Ops
   
• APM Terminals - CLOSED Christmas Eve - Tuesday, December 24, 2024 & Christmas Day - Wednesday, December 25, 2024
   

OTEXA:  Announcements - International Trade Administration

[12/19/2024] – Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE): For the period December 20, 2024 through December 19, 2025, the annual quantitative limit of the Haiti Hope Value-Added program is 322,927,229 square meters equivalent (SME).

[12/06/2024] – October 2024 Textile and Apparel Import Report
 

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Raw Flexible Magnets from China and Taiwan - USITC

The U.S. International Trade Commission (USITC) today (12/12/24) determined that revoking the existing antidumping and countervailing duty orders on raw flexible magnets from China and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China and Taiwan will remain in place. 

Chair Amy A. Karpel and Commissioners David S. Johanson and Rhonda K. Schmidtlein voted in the affirmative. Commissioner Jason E. Kearns did not participate.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission’s public report Raw Flexible Magnets from China and Taiwan (Inv. Nos. 701-TA-452 and 731-TA-1129-1130 (Third Review), USITC Publication 5574, December 2024) will contain the views of the Commission and information developed during the reviews.

The report will be available by January 17, 2025; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. 

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time. 

The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews.  Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Raw Flexible Magnets from China and Taiwan were instituted on June 3, 2024.

On September 6, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners Rhonda K. Schmidtlein and Jason E. Kearns concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate and voted for expedited reviews. Commissioner David S. Johanson concluded that the domestic interested party group response was adequate, and the respondent interested party group response was inadequate and voted for full reviews. 

A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Raw Flexible Magnets from China and Taiwan; Inv. No. 701-TA-452 and 731-TA-1129- 1130 (Review 3).
 

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Glycine From Japan: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Collated Steel Staples From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022
• Silicomanganese From India, Kazakhstan, and Venezuela: Continuation of Antidumping Duty Orders
• Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Truck and Bus Tires From Thailand: Antidumping Duty Order
• Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping and Countervailing Duty Petitions: Float Glass Products From the People's Republic of China and Malaysia
• Investigations; Determinations, Modifications, and Rulings, etc.: Circular Welded Carbon-Quality Steel Pipe From China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Thermoformed Molded Fiber Products From the People's Republic of China and the Socialist Republic of Vietnam: Postponement of Preliminary Determination in the Countervailing Duty Investigations
• 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Initiation of Circumvention Inquiry of the Antidumping and Countervailing Duty Orders
• Forged Steel Fluid End Blocks From Germany: Preliminary Results and Rescission, In Part of Countervailing Duty Administrative Review; 2023
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Erythritol from China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Alkyl Phosphate Esters From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Overhead Door Counterbalance Torsion Springs From China and India
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Stainless Steel Sheet and Strip in Coils From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2022-2023
• Certain Tungsten Shot From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Aluminum Wire and Cable From the People's Republic of China: Final Negative Scope Ruling With Respect to the Kingdom of Cambodia; Final Negative Determination of Circumvention With Respect to the Kingdom of Cambodia
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ceramic Tile From India; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
   

Approves Final Rule to Implement eFiling for Certificates of Compliance - Consumer Product Safety Commission

New Rule Aims to Better Target Risky Shipments and Protect Consumers

Washington, D.C. – The U.S. Consumer Product Safety Commission (CPSC) has approved a Final Rule to implement electronic filing (eFiling) of Certificate information for regulated, imported consumer products and to revise requirements for Certificates of Compliance. The Commission vote was 3-0-2, with all five Commissioners voting to approve the rule; and a majority voting to approve the rule with an amendment extending the general implementation date from 12 months to 18 months. 

Under the new rule, requirements impacting most imported consumer products and those produced domestically will take effect 18 months from publication in the Federal Register. A 24-month effective date will apply to consumer products imported into a Foreign Trade Zone1 (FTZ) and subsequently entered for consumption or warehousing.

CPSC’s new eFiling program will apply to all imported consumer products subject to a mandatory safety standard, as set forth in the rule, including de minimis2shipments. The program will require importers of regulated products that require certification3 to electronically file data elements at the time of filing an entry including:

• identification of the finished product;
• party certifying compliance;
• each consumer product safety rule to which the finished product has been certified; 
• date and place the finished product was manufactured; 
• when and where the finished product was most recently tested for compliance; and 
• contact information for the person maintaining test records.

By using this information, CPSC will drive greater efficiencies in product inspections and more effectively target high-risk products being imported into the United States. eFiling will also reduce inspection frequency and hold times for compliant product importers – rewarding firms with a record of compliance and enabling their imports to move more quickly.

“The bipartisan passage of the eFiling rule is one of the most consequential steps CPSC will take to modernize our screening process at ports of entry,” said CPSC Chair Alex Hoehn-Saric. “Ensuring that imported products are safe for Americans, especially our kids, is a priority for the agency. eFiling will strengthen CPSC’s ability to target unsafe products and prevent them from coming into the country and into consumers’ homes.” 

The eFiling program was informed by industry testing and feedback through alpha and beta pilots conducted between 2016 and 2024. In addition, CPSC is inviting up to 2,000 additional importers to sign up for the eFiling voluntary stage to develop and test their systems before eFiling becomes mandatory. 

Among its provisions, the new rule will require private labelers to certify domestic products, unless the manufacturer certifies the product; and align the agency’s existing certificate rule with other CPSC rules on testing and certification.
 

$81.5 Million in Unapproved Electronic Nicotine Delivery Systems seized by Chicago CBP - U.S. Customs & Border Protection

CHICAGO – During the last 12 months, U.S. Customs and Border Protections (CBP) officers in Chicago made 121 seizures containing over 3.2 million prohibited Electronic Nicotine Delivery Systems (ENDS) products with a Manufacturer’s Suggested Retail Price of more than $81.5 million. 

Almost all the shipments originated from China and were destined to locations across the U.S. Most shipments violated the FDA’s Federal Food, Drug, and Cosmetic Act (FD&C Act), while some were seized for Intellectual Property Rights (IPR) violations. Some of the IPR violations concerned used unauthorized trademarks associated with pop icons. By copying these well-known marks, the seller was targeting teens and younger adults, hoping to persuade them to purchase their counterfeited items.  

“It is common for bad actors to use popular people and brands to promote their products. In a couple of these instances, they used the name of an influencer with a large following specifically targeting the younger audience,” said LaFonda D. Sutton-Burke, Director, Field Operations, Chicago Field Office. “CBP’s trade enforcement mission places a significant emphasis on intercepting illicit products that could harm American consumers, and we will continue to work with our consumer product safety partners to identify and seize unsafe and unlawful goods.” 

In addition to IPR violations, CBP seized these products because they lacked the required FDA marketing authorization and were found to be adulterated and misbranded which violates the FD&C Act. Vapes, e-cigarettes, and other electronic nicotine delivery systems that are unapproved by the FDA may contain higher levels of nicotine and other unknown, toxic chemicals, making them extremely hazardous to health.

“Criminals are using every means imaginable to expand the reach of their illicit enterprises,” said Mike Pfeiffer, Chicago Area Port Director. “The sales from illegal goods are used to fuel further criminal activities such as the trafficking of drugs, defrauding innocent people, and purchases of illegal weapons, just to name a few.”

CBP provides basic import information about admissibility requirements and the clearance process for e-commerce goods and encourages buyers to confirm that their purchases and the importation of those purchases comply with state and federal import regulations.

CBP has established an educational initiative to raise consumer awareness about the consequences and dangers often associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at https://www.cbp.gov/FakeGoodsRealDangers.

Every year, CBP seizes millions of counterfeit goods from countries around the world as part of its mission to protect U.S. businesses and consumers. These goods include fake versions of popular products, such as smartphones and related accessories, electronics, apparel, shoes, cosmetics, and high-end luxury goods, as well as goods posing significant health and safety concerns, such as counterfeit pharmaceuticals, bicycle and motorcycle helmets, medical devices, supplements and other consumables. Sold online and in stores, counterfeit goods hurt the U.S. economy, cost Americans their jobs, threaten consumer health and safety, and fund criminal activity. Visit the National IPR Coordination Center for more information about IPR including counterfeiting and piracy.
 

Treasury’s Office of Cybersecurity and Critical Infrastructure Protection Issues Consumer Advisory to Protect Against Cyber Fraud During the Holiday Shopping Season - U.S. Department of the Treasury

WASHINGTON – The U.S. Department of the Treasury’s Office of Cybersecurity and Critical Infrastructure Protection (OCCIP) released an advisory to consumers highlighting tips for consumers to avoid cyber and online scams during the holiday season. Since the onset of the COVID pandemic, cyber and fraud scams have significantly increased, costing consumers billions of dollars per year. To avoid becoming a victim of fraud during the holiday shopping season, there are steps you can take to protect yourself.

This holiday season stay vigilant, be proactive, and respond quickly if you are targeted by a scammer or fraud.

“The U.S. Department of the Treasury urges consumers to stay vigilant against the increasing threat of online cyber scams and fraud,” said Deputy Assistant Secretary for OCCIP Todd Conklin. “These scams are costing both consumers and financial institutions billions of dollars annually, and it’s crucial to take proactive steps to protect yourself. Be cautious when responding to unsolicited messages, especially on social media platforms like LinkedIn, TikTok, and Instagram, and avoid being rushed into making purchases or payments. Remember, taking the time to think, research, and consult with trusted individuals can help you avoid falling victim to fraud.”

In the advisory, OCCIP details several tips consumers should follow to avoid being scammed.  Unfortunately, there is often an increase in fraud and cyber crime around the holiday shopping season, some of which are detailed in the advisory. In the event you are targeted, the advisory provides guidance for victims of fraud to attempt to mitigate the damages and losses to consumers.  

A copy of the OCCIP advisory can be found here. Additionally, Federal Trade Commission guidance can be found at ReportFraud.ftc.gov and the Federal Bureau of Investigation's Internet Crime Complaint Center (IC3) may be found at Internet Crime Complaint Center (IC3) Home Page.
 

Tackling the Rise in Gift Card Fraud - Homeland Security

Gift card fraud has become a growing concern for consumers and businesses alike. Under Project Red Hook, HSI is teaming up with our law enforcement partners and businesses to raise awareness of how Chinese organized crime groups are exploiting gift cards to launder money.

Gift card draining techniques not only affect retailers, but also our Nation’s economy and jeopardize our Nation’s national security and public safety. While gift card fraud is not committed by any one organization, Project Red Hook specifically targets Chinese organized crime groups due to the cross-border nature of the crime. This type of fraud erodes Americans’ confidence in our Nation’s economy and retailers, and funds the illicit activities of Chinese organized crime groups, such as:

• Fentanyl production and smuggling
• Illegal migration
• Human trafficking

Gift card fraud perpetrated by Chinese organized crime groups is spreading across the globe and can be attributed to losses in the hundreds of millions of dollars.

This guide provides an overview of the current trends in gift card fraud, explains the methods used by criminals and outlines steps to protect against these scams.

Understanding Gift Card Fraud

Gift card fraud involves various tactics to steal the value stored on gift cards. Recently, criminals have been increasingly using sophisticated methods to tamper with gift cards and exploit online vulnerabilities.

Chinese organized crime groups are combining key characteristics of organized retail crime, victim assisted fraud, and trade-based money laundering to commit gift card fraud.

Here’s a closer look at some of the most common types of gift card fraud:

• Card tampering: Criminals manipulate gift card packaging to steal the card information before the card is sold. They then place the tampered cards back on store shelves. When a consumer purchases and loads money onto the card, the criminal quickly drains the funds.
   
• Online attacks: Criminals gain access to online gift card accounts through phishing or hacking. They then use or sell the stolen card information online.
   
• Victim-assisted fraud: This involves telemarketing groups tricking individuals via phone or online into purchasing gift cards and sharing the redemption codes with the criminals, often through scams that involve impersonation of authority figures or loved ones in distress. The criminals sell the redemption codes to the criminal organization for a portion of the redemption value. The criminal organization sends the gift card information to colleagues in the United States to purchase consumer goods, which are then shipped overseas to be re-sold.

Indicators of Gift Card Tampering

Here are some red flag indicators that a gift card has been tampered:

1. Visibly evident tears in the zigzag cuts around the perimeter of the secure pack or visible paper fibers around the borders where a sharp knife may have cut through an edge. 
2. Visibly evident tears or exposed nicks along the pull tab or a pull tab that has been compromised or cut with a knife and then laid back down. A slight bend back and forth can show if this has occurred. 
3. Product and brand logos, colors, or marks closely resemble, but do not match a company's intellectual property. 
4. The personal identification number (PIN) cover has pieces missing, is fully missing, is not flat/smooth or contains wrinkles. 
5. The product's packaging or PIN covering deviates from the company's standard gift card packaging. Compare the packaging and PIN to others on the shelf. 
6. There may be no physical signs of tampering, but the balance does not match what you purchased.

If you suspect that a gift card you purchased may have been tampered with, contact the customer support number on the back of the gift card.