- S.J. Stile Associates

The Stile Newsletter - Issue #878

From: S.J. Stile Associates LTD.

Sent: Friday, December 13, 2024 10:35 AM

Subject: The Stile Newsletter - Issue #868 - 12/13/2024

THE Stile Newsletter ISSUE #868 - 12/13/2024

USTR Increases Tariffs on Tungsten Products, Wafers, and Polysilicon, Concluding its Statutory China 301 Four-Year Review

USTR Initiates Section 301 Investigation on Nicaragua’s Acts, Policies, and Practices Related to Labor Rights, Human Rights, and the Rule of Law

USDA-FDA Seek Information About Food Date Labeling, Aim is to Provide Further Clarity, Transparency and Cost Savings for U.S. Consumers

Federal Register Notices

CBP, U.S. Chamber Urge Holiday Shoppers to Beware of Counterfeits

Dulles Agriculture Specialists Catch Two Dangerous Insect Pests of Distinction – One First-in-Port, One Not Seen in 40 Years

DOT Launches Rulemaking to Protect Passengers Stranded by Airline Disruptions

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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:

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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From: S.J. Stile Associates LTD.

Sent: Friday, February 21, 2025 11:27 AM

Subject: The Stile Newsletter - Issue #878 - 02/21/2025

THE Stile Newsletter ISSUE #878 - 02/21/2025

USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Steel Racks from China

Federal Register Notices

First in the Nation pest discovered by Agriculture Specialists at the Calexico Port of Entry

"Detention Without Physical Examination Of Cosmetics That are Adulterated and/or Misbranded Due to Color Additive Violations"

U.S. Department of Transportation Terminates Tolling Approval for New York City’s Cordon Pricing Program

Leadership from the Port of New York and New Jersey to Attend TPM25

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- printing documents
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USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Steel Racks from China - U.S. International Trade Commission

The U.S. International Trade Commission (Commission or USITC) today determined that revoking the existing antidumping and countervailing duty orders on steel racks from China would likely 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 below for background on these five-year (sunset) reviews.

The Commission’s public report Steel Racks from China (Inv. Nos. 701-TA-608 and 731-TA-1420 (Review), USITC Publication 5593, February 2025) will contain the views of the Commission and information developed during the reviews.

The report will be available by March 27,2025; 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 steel racks from China were instituted on August 1, 2024.

On November 4, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson, 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.

A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Steel Racks from China; Inv. Nos. 701-TA-608 and 731-TA-1420 (Review).

Federal Register Notices:

First in the Nation pest discovered by Agriculture Specialists at the Calexico Port of Entry - U.S. Customs & Border Protection

CALEXICO, CA – U.S. Customs and Border Protection agriculture specialists (CBPAS) assigned to the Calexico cargo facility intercepted a rare pest while conducting an examination of a cargo shipment.

On January 8th, 2025, a shipment containing red and green leaf lettuce arrived at the Calexico cargo facility. During an initial inspection of the shipment, a CBP officer referred the driver and cargo for an intensive agriculture inspection.

While inspecting the cargo, a CBP agriculture specialist discovered an unusual insect within the lettuce leaves. The pest was submitted to the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service for further identification. Using appropriate precautionary measures, CBPASs then returned the shipment and driver to Mexico.

On February 5th, 2025, a final identification of the pest was made as Campiglossa peregrina which is part of the fruit fly family. This species has not been recorded in the USDA pest identification database, qualifying this discovery as a first across all ports in the nation. This find demonstrates CBP’s efforts to prevent invasive species from entering the United States.

“Discovering a first-of-its-kind pest in our nation is a remarkable achievement. Our agriculture specialists’ role will continue to aid in safeguarding our environment and agriculture.” stated Roque Caza Port Director for the Area Port of Calexico.

Travelers and industries who wish to import flowers, plant materials, and other agricultural items should visit the Bringing Agricultural Products into the United States section of CBP’s website for ways to prevent conveyance contamination. CBP encourages travelers to declare all agricultural items to a CBP officer upon arrival.

"Detention Without Physical Examination Of Cosmetics That are Adulterated and/or Misbranded Due to Color Additive Violations" - Food & Drug Administration

Reason for Alert: Note: The revision of this Import Alert (IA) dated 11/17/2023 updates the reason for alert, guidance, agency contacts, charge code language, product description, PAF, PAC. Changes to the import alert are bracketed by asterisks (***).

This Import Alert was created to address cosmetics that ***appear to be adulterated and/or misbranded cosmetics due to color additive violations.***

***Section 201(t) of the Food, Drug, and Cosmetic Act (FD&C Act) defines "color additive," as any substance that, when applied to a food, drug or cosmetic or to the human body or any part thereof, is capable of imparting color thereto, with certain exceptions. Some color additives are soluble organic dyes and insoluble pigments, while others are plant extracts and mineral compounds.

Color additives are subject to a strict system of approval under the FD&C Act. Pre-approval by FDA is required for color additives before they can be used in cosmetic products; however, cosmetic products are not approved by FDA and may not claim FDA approval on their labeling. Color additives may be required to be batch certified by FDA or they may be exempt from certification. All color additives shall be labeled with sufficient information to assure their safe use and to allow a determination of compliance as per 21 CFR 70.25. Failure to meet U.S. color additive requirements causes a cosmetic to be adulterated or misbranded.***

The following color additive violations may be relevant to adulterated and/or misbranded cosmetics:

-Non-permitted color additives
-Uncertified color additives
-Undeclared color additives

***Color additives which are not pre-approved ("unapproved") or are used in a manner for which they have not been pre-approved may be considered "non-permitted" color additives.

Color additives that are required to be certified must originate from FDA certified lots. Color additives that require batch certification but do not have a valid certification lot number are considered "uncertified" color additives.

Color additives which are present in a product but not appropriately declared (e.g., not declared or declared using a designation no indicated by FDA) on the product label are considered "undeclared" color additives.***

Guidance: (read further)

U.S. Department of Transportation Terminates Tolling Approval for New York City’s Cordon Pricing Program - U.S. Department of Transportation

WASHINGTON – The U.S. Department of Transportation’s Federal Highway Administration today terminated approval of the pilot for New York’s Central Business District Tolling Program (CBDTP). In a letter to New York Governor Kathy Hochul, the Department rescinded a November 21, 2024 agreement signed under the Value Pricing Pilot Program (VPPP) that effectively ends tolling authority for New York City’s cordon pricing plan, which imposes tolls on drivers entering Manhattan below 60th Street.

“New York State’s congestion pricing plan is a slap in the face to working class Americans and small business owners,” said U.S. Transportation Secretary Sean P. Duffy. “Commuters using the highway system to enter New York City have already financed the construction and improvement of these highways through the payment of gas taxes and other taxes. But now the toll program leaves drivers without any free highway alternative, and instead, takes more money from working people to pay for a transit system and not highways. It’s backwards and unfair. The program also hurts small businesses in New York that rely on customers from New Jersey and Connecticut. Finally, it impedes the flow of commerce into New York by increasing costs for trucks, which in turn could make goods more expensive for consumer. Every American should be able to access New York City regardless of their economic means. It shouldn’t be reserved for an elite few.”

The construction of federal-aid highways as a toll-free highway system has long been fundamental to the Federal-aid highway program. Except for limited exceptions allowed by Congress, highways constructed with Federal-aid highway funds cannot be tolled. The construction of Federal-aid highways as a toll-free highway system has long been fundamental to the Federal-aid highway program. The VPPP is one of the exceptions to the general prohibition against tolling.

As detailed in the letter, the Secretary is terminating the pilot for two reasons. First, the scope of the CBDTP is unprecedented and provides no toll-free option for many drivers who want or need to travel by vehicle in this major urbanized area. Second, the toll rate was set primarily to raise revenue for transit, rather than at an amount needed to reduce congestion. By doing so, the pilot runs contrary to the purpose of the VPPP, which is to impose tolls for congestion reduction – not transit revenue generation.

The Federal Highway Administration will work with the project sponsors on an orderly termination of the tolls.

You can view a full copy of the letter here.

Leadership from the Port of New York and New Jersey to Attend TPM25 - Port of NY/Breaking Waves

The leadership team at the Port of New York and New Jersey will be attending the TPM25 Conference at the convention center in Long Beach, CA., March 2-5. The global conference, where the Port of New York and New Jersey is a Silver Sponsor, brings together cargo owners, shippers, and BCOs with international logistics service providers, including ocean carriers, ocean and air forwarders, third-party logistics, marine terminals, ports, truckers, railroads, and banks.

This year’s theme—Finding Reliability in an Unreliable World—focuses on the industry’s uncertain future under a new government, the potential impacts on containerized trade, and how shippers and other market participants can prepare for possible disruption and market changes. The conference features multiple networking opportunities, pertinent seminars, town hall discussions, and meetings.

Read further

NEW YORK	LOS ANGELES	MIAMI
181 South Franklin Avenue	2015 Manhattan Beach Blvd Suite #108	5959 NW 35th Avenue
Valley Stream, NY 11581	Redondo Beach, CA 90278	Miami, Florida 33142
Ph: (516) 394-2100	Ph: (310) 695-3400	Ph: (305) 477-8112
Fax: (516) 394-2233	Fax: (310) 641-0398	Fax: (305) 477-8601

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