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.

DHS Agencies Support Super Bowl LIX Security - Department of Homeland Security

WASHINGTON – Department of Homeland Security Secretary Kristi Noem traveled to New Orleans this week to observe DHS security operations for Super Bowl LIX. More than 690 employees representing 12 DHS agencies are in New Orleans, providing air security resources; venue, cyber, and infrastructure security assessments; chemical, biological, radiological, nuclear, and explosives detection technologies; intelligence analysis and threat assessments; intellectual property enforcement; and real-time situational awareness reporting as part of a 20-year partnership with the National Football League and state and local law enforcement.

“Around 100,000 people will be celebrating the Super Bowl in and around the Superdome in New Orleans this weekend,” said Secretary Noem. “We will give law enforcement every resource they need to ensure a safe event. Thank you to our partners, Governor Landry, Mayor Cantrell and the New Orleans Police Department. If you see something, say something!”

“Since day one, we have stood steadfast in our mission: to protect what matters most,” said Eric DeLaune, Homeland Security Investigations (HSI) New Orleans Special Agent in Charge and lead federal coordinator for Super Bowl LIX. “From securing critical infrastructure to providing real-time threat analysis, we are committed to safeguarding our communities. With over 690 DHS personnel deployed, we bring cutting-edge security resources and technologies to ensure every aspect of this event is protected.” 

DHS has assessed this year’s Super Bowl as a Special Event Assessment Rating (SEAR) Level 1 event. For more information, visit the SEAR Fact Sheet webpage. Although no specific, credible threats related to this year’s game have been identified, the U.S. remains in a heightened threat environment, as evidenced by the recent terror attack in New Orleans on New Year’s Day.

DHS security efforts for Super Bowl LIX include the following:

• U.S. Customs and Border Protection’s (CBP): Air and Marine Operations (AMO) will enforce temporary flight restrictions around Caesars Superdome, providing “eye in the sky” intelligence, surveillance and reconnaissance flight operations in and around key venues, including the Superdome, airport, Bourbon Street and the Ernest N. Morial Convention Center. Additionally, CBP will provide video surveillance capabilities and non-intrusive inspections by scanning the cargo entering the stadium for contraband such as narcotics, weapons, and explosives. CBP will also work to intercept counterfeit NFL merchandise such as NFL jerseys, championship rings, T-shirts, caps and all sorts of souvenirs and memorabilia, which are often used to fund criminal organizations.
   
• Homeland Security Investigations (HSI): An HSI Special Response Team is standing by to provide interior stadium tactical support, and HSI’s special agents will support will also CBP, local law enforcement agencies, and other private partners in identifying an investigating any flea markets, retail outlets, street vendors and online marketplaces selling counterfeit goods during the week leading up to the Super Bowl to protect consumers, who are expected to spend over $16.5 billion nationwide. HSI will also oversee the coordination of DHS assets with local, state, and federal law enforcement agencies to ensure essential public safety measures and resources are in the right place, at the right time. 
   
• Cybersecurity and Infrastructure Security Agency (CISA): On Super Bowl Sunday, CISA will also deploy advisors and emergency communications coordinators to support local law enforcement, emergency responders, and private partners in New Orleans. Ahead of the event, the agency conducted physical and cybersecurity vulnerability assessments, planning exercises, and bomb safety workshops with state and local partners. 
   
• Office of Intelligence &Analysis (I&A): I&A worked with the Federal Bureau of Investigation (FBI) to assess the threat landscape leading up to the Super Bowl, including sharing timely and actionable information and intelligence with their state and local partners.
   
• Countering Weapons of Mass Destruction Office (CWMD): CWMD provided surge support from its Mobile Detection Deployment Program and its BioWatch program in coordination with the City of New Orleans.
   
• U.S. Coast Guard (USCG): USCG Pacific Strike Team is supporting the Mobile Detection Deployment Program to bolster DHS’s ability to detect and interdict chemical, biological, radiological, and nuclear threats, and Canine Explosive Detection teams will support the safety and security of the event.
   
Transportation Security Administration (TSA): A TSA Supervisory Federal Air Marshal will staff the Fusion Watch Center during the event, and will use its National Deployment Force to increase the number of transportation security officers working at Louis Armstrong New Orleans International Airport to screen the increased number of departing passengers after the Super Bowl. TSA’s explosive detection canines and Visible Intermodal Prevention and Response (VIPR) teams will also work during Super Bowl week events at key venues.

• Science & Technology Directorate (S&T): S&T will deploy easy-to assemble, expandable security barriers that can be installed quickly to provide critical asset protection and intrusion prevention.
   
• Federal Emergency Management Agency (FEMA): FEMA will help keep fans safe by providing communication tools for state and local responders.
   
• DHS Blue Campaign: This public awareness campaign is disseminating digital and out-of-home advertising in the New Orleans area to raise human trafficking awareness among visitors, local residents, and those working in industries, such as hotels, hospitality, and transportation, where frontline employees are more likely to be in a position to identify and report human trafficking. The campaign’s Blue Lightning Initiative is also partnering with Louis Armstrong New Orleans International Airport to raise awareness and train staff to recognize and report human trafficking.
   

Federal Register Notices:

• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Thermal Paper From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Steel Threaded Rod From China; Institution of a Five-Year Review
• Sol Gel Alumina-Based Ceramic Abrasive Grains From China
• Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II); Notice of Institution of Investigation
• Refined Brown Aluminum Oxide From China; Institution of a Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Mattresses From the People's Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Low Melt Polyester Staple Fiber From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Brake Drums From China and Turkey; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Active Anode Material From China
• Certain Liquid Transfer Devices With an Integral Vial Adapter; Notice of a Commission Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation
   

During the Month of January Louisville CBP Officers Seized Over $27M of Counterfeit Jewelry - U.S. Customs & Border Protection

LOUISVILLE, Ky — U.S. Customs and Border Protection (CBP) officers in Louisville had a very busy month of January seizing 28 shipments of counterfeit designer jewelry worth an average Manufacturer’s Suggested Retail Price (MSRP) over $975,000, had the good been genuine.

The shipments were mostly from China and Hong Kong and were heading to locations across the U.S. The shipments contained counterfeit designer watches, bracelets, rings, necklaces, and earrings. CBP’s Centers of Excellence and Expertise, the agency’s trade experts, inspected the items and deemed them to be counterfeit. All the items were seized for infringing on the designer’s protected trademarks. Had these items been genuine, they would have had a combined MSRP value of almost $27.5 million.

“Counterfeit goods are poor quality products that cost U.S. businesses billions of dollars a year while robbing our country of jobs and tax revenues,” said LaFonda D. Sutton-Burke, Director, Field Operations, Chicago Field Office. “CBP officers throughout my field offices remain committed to stopping counterfeit smuggling, taking profits from organized crime, and helping protect our communities from potentially hazardous knockoffs.”

For the last three years, the top commodities seized for Intellectual Property Rights (IPR) infringement with the highest total MSRP have been (1) Jewelry, (2) Watches, and (3) Handbags/Wallets. Additionally, China and Hong Kong are consistently the top two source countries for IPR seizures. In Fiscal Year 2024, seizures from China and Hong Kong accounted for approximately 90% of the total quantity seized.

There are many ways consumers can protect themselves from spending their money on fakes:

• Purchase goods directly from the trademark holder or from authorized retailers.
   
• Know the market value of the item you are purchasing. If the item is priced well below what it should be, it could be counterfeit. If a price seems too good to be true, then it probably is.
   
• Look for legitimate web sites that offer customer service contact information and return policies.
   
• Review CBP’s E-Commerce Counterfeit Awareness Guide for Consumers.

“Our officers are highly skilled at identifying packages that represent a higher level of risk through visual examination, based on their knowledge and awareness of ever-changing trends employed by the individuals and organizations seeking to illegally import contraband,” said Louisville’s Port Director, Philip Onken.

Trade in counterfeit and pirated goods threatens America’s innovation economy, the competitiveness of our businesses, the livelihoods of U.S. workers, and, in some cases, national security and the health and safety of consumers. To combat the entry of counterfeit and pirated goods into America, CBP targets and seizes imports of counterfeit and pirated goods and enforces exclusion orders on patent-infringing and other IPR violative goods.

The dangers of buying counterfeit products aren’t always obvious to consumers. Particularly, when shopping online, beware of counterfeit goods. Fake goods can lead to real dangers. For more information, visit The Truth Behind Counterfeits page.
 

USITC Institutes Section 337 Investigation of Certain Shapewear Garments - U.S. International Trade Commission

The U.S. International Trade Commission (Commission or USITC) voted to institute an investigation of certain shapewear garments and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Spanx, LLC of Atlanta, Ga., on December 31, 2024. A supplement to the complaint was filed on January 22, 2025. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain shapewear that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders. 

The USITC has identified the following respondents in this investigation:

• Guangzhoushi Cedong Shangmao Youxiangongsi, Guangzhou, China
• Bingrong Co., Ltd Shenzhen Shi, China
• Dolce Vita Intimates LLC, Harrison, N.J.
• Honeylove Sculptwear, Inc., Los Angeles, Calif.
• Guangzhoushi Chiping Dianzi Maoyi Co. Ltd., Guangzhou, China
• Daerwene Inc., Boulder, Colo.

By instituting this investigation (337-TA-1436), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. 

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
 

USITC Makes Determination in Five-Year (Sunset) Review Concerning Laminated Woven Sacks from China - U.S. International Trade Commission

The U.S. International Trade Commission  (USITC) today determined that revoking the existing antidumping and countervailing duty orders on laminated woven sacks from China 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 will remain in place. 

Chair Amy A. Karpel and Commissioners David S. Johanson and Jason E. Kearns voted in the affirmative.

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 on Laminated Woven Sacks from China (Inv. Nos. 701-TA-450 and 731-TA-1122 (Third Review), USITC Publication 5589, February 2025) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 13, 2025; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library. 
 

Restoring a Tough U.S.-Cuba Policy - U.S. Department of State

Within the first two weeks of President Trump’s term, the State Department took decisive action to rescind major last-minute policy changes on Cuba announced by the previous administration on January 14.

The President acted on his first day in office to keep Cuba on the SST list, where it belongs. The Cuban regime has long supported acts of international terrorism.  We call for the regime to end its support for terrorism, and to stop providing food, housing, and medical care to foreign murderers, bombmakers, and hijackers, while Cubans go hungry and lack access to basic medicine.

In a January 29 letter to the appropriate Congressional committees, I withdrew the prior administration’s letter regarding the LIBERTAD Act. The Trump Administration is committed to U.S. persons having the ability to bring private rights of action involving trafficked property confiscated by the Cuban regime.

On January 31, I approved the re-creation of the Cuba Restricted List, which prohibits certain transactions with companies under the control of, or acting for or on behalf of, the repressive Cuban military, intelligence, or security services or personnel.  The State Department is re-issuing the Cuba Restricted List to deny resources to the very branches of the Cuban regime that directly oppress and surveil the Cuban people while controlling large swaths of the country’s economy.  In addition to restoring the entities that were on the list until the final week of the previous administration, we are adding Orbit, S.A., a remittance-processing company operating for or on behalf of the Cuban military.

The State Department promotes accountability for the Cuban regime for oppressing its people and rejects Cuba’s malign interference across the Americas and throughout the world.  We support the Cuban people’s human rights and fundamental freedoms and demand the release of all unjustly detained political prisoners.  Our Embassy in Havana is meeting with families of those unjustly detained, as well as dissidents, so that they know the United States wholeheartedly supports them. We are steadfast in our commitment to the Cuban people and promote accountability for the Cuban regime’s actions.
.

Scammers impersonate FTC officials, including Chairman Andrew Ferguson - Federal Trade Administration

Scammers lie and pretend to be someone they’re not to trick you into giving them money, access to your accounts, or your personal information. They pretend to be from a business you know or from a government agency — or both. In the latest twist on these constantly evolving schemes, scammers are claiming to be FTC Chairman Andrew Ferguson.

The scam often starts with an unexpected call or message about a routine problem — like a suspicious purchase on your Amazon account, a virus on your computer, or an account breach. Then the scammer transfers you to someone they claim is with the government and can help with the problem.

The fraudsters go to great lengths to gain your trust. Some make up government agency names that sound real but aren’t. Others impersonate real government agencies, including the FTC. Some scammers use made-up employee names and fake employee ID badges. While others have the nerve to use the names of real FTC officials, including Chairman Andrew Ferguson.

No matter who they say they are, the helper does not work for the government, and they’re not there to help you. They’re in on the scam.

The scammer lies and says you must move your money to protect it. Then they tell you to transfer money from your bank or retirement account to a supposedly secure account. Or to deposit it at a cryptocurrency ATM. The problem is the scammer controls those accounts and quickly steals your money.

What to know
Someone who really works at the FTC won’t tell you to move your money to protect it. They won’t tell you to deposit your money into a cryptocurrency ATM. And they won’t tell you to give cash or gold to someone they’ll send to pick it up.

What to do
If you get an unexpected call or message about a problem with one of your accounts and you think it could be real, verify the story. Contact your bank, broker, investment advisor, or credit card company by using the number you find on your account statement, or logging into your account. Don’t use contact information you got in the unexpected message or call.

Report imposter scams and other attempts to steal your money or personal information to the FTC at ReportFraud.ftc.gov.
 

FDA Approves Novel Non-Opioid Treatment for Moderate to Severe Acute Pain - Food & Drug Administration

If it’s First Drug Approved in New Class of Non-Opioid Pain Medicines; Agency Continues to Take Steps to Support New Approaches for Pain Management

Today, the U.S. Food and Drug Administration approved Journavx (suzetrigine) 50 milligram oral tablets, a first-in-class non-opioid analgesic, to treat moderate to severe acute pain in adults. Journavx reduces pain by targeting a pain-signaling pathway involving sodium channels in the peripheral nervous system, before pain signals reach the brain.  

Journavx is the first drug to be approved in this new class of pain management medicines.

Pain is a common medical problem and relief of pain is an important therapeutic goal. Acute pain is short-term pain that is typically in response to some form of tissue injury, such as trauma or surgery. Acute pain is often treated with analgesics that may or may not contain opioids.

The FDA has long supported development of non-opioid pain treatment. As part of the FDA Overdose Prevention Framework, the agency has issued draft guidance aimed at encouraging development of non-opioid analgesics for acute pain and awarded cooperative grants to support the development and dissemination of clinical practice guidelines for the management of acute pain conditions.  

“Today’s approval is an important public health milestone in acute pain management,” said Jacqueline Corrigan-Curay, J.D., M.D., acting director of the FDA's Center for Drug Evaluation and Research. “A new non-opioid analgesic therapeutic class for acute pain offers an opportunity to mitigate certain risks associated with using an opioid for pain and provides patients with another treatment option. This action and the agency’s designations to expedite the drug’s development and review underscore FDA’s commitment to approving safe and effective alternatives to opioids for pain management.”

The efficacy of Journavx was evaluated in two randomized, double-blind, placebo- and active-controlled trials of acute surgical pain, one following abdominoplasty and the other following bunionectomy. In addition to receiving the randomized treatment, all participants in the trials with inadequate pain control were permitted to use ibuprofen as needed for “rescue” pain medication. Both trials demonstrated a statistically significant superior reduction in pain with Journavx compared to placebo.

The safety profile of Journavx is primarily based on data from the pooled, double-blind, placebo- and active-controlled trials in 874 participants with moderate to severe acute pain following abdominoplasty and bunionectomy, with supportive safety data from one single-arm, open-label study in 256 participants with moderate to severe acute pain in a range of acute pain conditions.

The most common adverse reactions in study participants who received Journavx were itching, muscle spasms, increased blood level of creatine phosphokinase, and rash. Journavx is contraindicated for concomitant use with strong CYP3A inhibitors. Additionally, patients should avoid food or drink containing grapefruit when taking Journavx.

The application received Breakthrough Therapy, Fast Track and Priority Review designations by the FDA.  

The FDA granted approval of Journavx to Vertex Pharmaceuticals Incorporated.