Category Archives: Customs & Trade Updates

U.S. and China – Tariffs – or, Who’s On First?  

By | Customs & Trade Updates | No Comments

 April 6, 2018

 The last week has been a busy one, trying to keep up with the salvos back and forth between the U.S. and China regarding tariff treatment.  Below is a summary of the recent activities.

  1. The recent trade one-upmanship dates back to U.S. tariff hike on steel and aluminum that took effect March 23 – a number of countries were finally exempted but not China.
  2. April 2, China responded by levying 15%-to-25% tariffs on $3 billion worth of American goods, including scrap aluminum, frozen pork, dried fruits, nuts and wine. [list attached]
  3. April 3, the Office of the U.S. Trade Representative (USTR) published a proposed list of products imported from China that could be subject to higher duties in a separate argument over technology policy. The list is set out in the announcement, which can be found here (The list covers approximately 1,300 tariff lines is in the Annex, which starts on page 14).
  4. On April 4, China quickly retaliated by listing $50 billion of products that it could hit with its own 25 percent tariffs. The Chinese list Wednesday included soybeans, the biggest U.S. export to China, and aircraft up to 45 tons in weight. Also on the list were American beef, whisky, passenger vehicles and industrial chemicals. [list attached]
  5. April 5, The White House announced after the markets closed Thursday, that Trump had instructed the Office of the United States Trade Representative to consider whether $100 billion of additional tariffs would be appropriate and, if so, to identify which products they should apply to. (A White House official later said the $100-billion figure Trump used in the statement referred to the value of the imports that would be covered by the additional tariffs, not the total amount of tax that would be charged on the products.) It Should Be Noted That The U.S. Trade Representative Robert Lighthizer quickly followed up Trump’s Thursday evening declaration with a statement of his own stressing that none of the tariffs would take immediate effect. He said that any additional tariffs first would be subject to a 60-day public comment period, as would the penalties announced earlier in the week. No tariffs will go into effect until the respective process is complete, Lighthizer said.
  6. What’s next remains to be seen: China’s commerce ministry advises that “China has very detailed countermeasures” and will “fight at any cost” to defend its economic interests, drawing the world’s two largest economies into a deeper confrontation.

 

April 2nd Chinese tariff list

The 25% tariff will apply primarily to pork products but also includes scrap aluminum.

  • Aluminum scrap
  • Fresh or cold boned pig forelegs, hindquarters, and their meat
  • Other fresh or cold pork
  • Other frozen whole head and half pork
  • Frozen bone forelegs, pigs’ legs, and their meat
  • Other frozen pork
  • Frozen pork liver
  • Other frozen pork chops

The 15% tariff applies primarily to fruit and nut products, as well as steel piping.


  •    Dried coconut
  •    Coconut without inner shell
  •    Other coconut
  •    Unhulled Brazilian nuts
  •    Shelled Brazilian nuts
  •    Unshelled cashews
  •    Shelled cashew
  •    Unshelled almonds
  •    Shelled almonds
  •    Hazelnuts
  •    Unshelled hazelnuts
  •    Unshelled walnuts
  •    Walnut kernels
  •    Unhealed chestnut
  •    Other shelled chestnuts
  •    Unhulled pistachio fruit
  •    Hulled pistachi nut
  •    Other unhealed macadamia nuts
  •    Roasted macadamia nuts
  •    Betel nut fruit
  •    Pine nuts
  •    Other fresh or dried nuts
  •    Fresh or dried plantain
  •    Other fresh or dried bananas, except for plantains
  •    Fresh or dried dates
  •    Fresh or dried figs
  •    Fresh or dried pineapple
  •    Fresh or dried avocados
  •    Fresh or dried guava
  •    Fresh or dried mango
  •    Fresh or dried mangosteen
  •    Fresh or dried orange
  •    Other citrus (including mandarin & satsuma oranges)
  •    Clementine orange
  •    Virgin orange and similar hybrid citrus
  •    Grapefruit, including pomelo
  •    Lemons and limes
  •    Unlisted citrus fruit
  •    Fresh grapes
  •    Raisins
  •    Fresh watermelon
  •    Fresh cantaloupe
  •    Papaya
  •    Fresh apples
  •    Fresh pears
  •    Fresh sour cherries
  •    Other fresh cherries
  •    Peaches, including nectarines
  •    Fresh plum and promos    Fresh strawberries
  •    Fresh raspberry, blackberry, mulberry & Logan berry
  •    Fresh cranberry and cowberry
  •    Kiwi
  •    Fresh durian
  •    Persimmon
  •    Fresh lychee
  •    Fresh longan
  •    Rumbatan
  •    Fresh sweet lychee
  •    Fresh carambola
  •    Fresh lotus fog
  •    Fresh pitaya
  •    Fruits not listed
  •    Frozen strawberries
  •    Frozen raspberries, blackberries, mulberries, rose hips, currant and gooseberries
  •    Frozen fruits and nuts, not listed
  •    Other temporarily preserved fruits and nut
  •    Fried apricots
  •    Mei Qiang and Li Gan
  •    Dried apples
  •    Dried longan and meat
  •    Dried persimmons
  •    Red dates
  •    Dried litchi
  •    Dried fruits not listed
  •    Assorted nuts or dried fruits
  •    Sparkling wine
  •    Other fresh brewed wines packing containers of 2-liters or less brewed with alcohol
  •    Wines brewed with other fresh grapes packed in 2-liter containers, but not more than 10 liters
  •    Wines made from other fresh grapes packed in containers of 10 liters or more
  •    Other items from grape juice wine
  •    Modified Ethanol and other alcohols of any concentration
  •    American ginseng
  •    Other fresh ginseng
  •    Unlisted ginseng
  •    Stainless steel pipes for oil / gas piping / drilling (32 sizes)

April 2nd Chinese tariff list

  • Yellow soybean
  • Black soybean
  • Corn
  • Cornflour
  • Uncombed cotton
  • Cotton linters
  • Sorghum
  • Brewing or distilling dregs and waste
  • Other durum wheat
  • Other wheat and mixed wheat
  • Whole and half head fresh and cold beef
  • Fresh and cold beef with bones
  • Fresh and cold boneless beef
  • Frozen beef with bones
  • Frozen boneless beef
  • Frozen boneless meat
  • Other frozen beef chops
  • Dried cranberries
  • Frozen orange juice
  • Non-frozen orange juice
  • Whiskies
  • Unstemmed flue-cured tobacco
  • Other unstemmed tobacco
  • Flue-cured tobacco partially or totally removed
  • Partially or totally deterred tobacco stems
  • Tobacco waste
  • Tobacco cigars
  • Tobacco cigarettes
  • Cigars and cigarettes, tobacco substitutes
  • Hookah tobacco
  • Other tobacco for smoking
  • Reconstituted tobacco
  • Other tobacco and tobacco substitute products
  • SUVs with discharge capacity of 2.5L to 3L
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement exceeding 2500ml, but not exceeding 3000ml for SUVs (4 wheel drive)
  • Vehicles with discharge capacity of 1.5L to 2L
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement exceeding 1000ml, but not exceeding 1500ml for SUVs (4 wheel drive)
  • Passenger cars with discharge capacity 1.5L to 2L, 9 seats or less
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source.
  • Cylinder capacity displacement exceeding 1000ml, but not exceeding 1500ml for 9 passenger cars and below
  • Passenger cars with discharge capacity of 3L to 4L, 9 seats or less
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement exceeding 3000ml, but not exceeding 4000ml for 9 passenger cars and below
  • Off-road vehicles with discharge capacity of 2L to 2.5L
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement exceeding 2000ml, but not exceeding 2500ml for off-road vehicles
  • Passenger cars with discharge capacity of 2L to 2.5L, 9 seats or less
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement exceeding 2000ml, but not exceeding 2500ml for 9 passenger cars and below
  • Off-road vehicles with discharge capacity of 3L to 4L
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement exceeding 3000ml, but not exceeding 4000ml for off-road vehicles
  • Diesel-powered off-road vehicles with discharge capacity of 2.5L to 3L
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement exceeding 2500ml, but not exceeding 3000ml for diesel-powered off-road vehicles
  • Passenger cars with discharge capacity of 2.5L to 3L, 9 seats or less
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement exceeding 2500ml, but not exceeding 3000ml for 9 passenger cars and below
  • Off-road vehicles with discharge capacity of less than 4L
  • Other vehicles equipped with an ignited reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source. Cylinder capacity displacement not exceeding 4000ml for off-road vehicles
  • Other vehicles which are equipped with an ignited reciprocating piston internal combustion engine and a drive motor and can be charged by plugging in an external power source
  • Other vehicles that are equipped with a compression ignition type internal combustion engine (diesel or semi-diesel) and a drive motor, other than vehicles that can be charged by plugging in an external power source
  • Other vehicles which are equipped with an ignition reciprocating piston internal combustion engine and a drive motor and can be charged by plugging in an external power source
  • Other vehicles that are equipped with a compression-ignition reciprocating piston internal combustion engine and a drive motor that can be charged by plugging in an external power source
  • Other vehicles that only drive the motor
  • Other vehicles
  • Other gasoline trucks of less than 5 tons
  • Transmissions and parts for motor vehicles not classified
  • Liquefied Propane
  • Primary Shaped Polycarbonate
  • Supported catalysts with noble metals and their compounds as actives
  • Diagnostic or experimental reagents attached to backings, except for goods of tariff lines 32.02, 32.06
  • Chemical products and preparations for the chemical industry and related industries, not elsewhere specified
  • Products containing PFOS and its salts, perfluorooctanyl sulfonamide or perfluorooctane sulfonyl chloride in note 3 of this chapter
  • Items listed in note 3 of this chapter containing four, five, six, seven or octabromodiphenyl ethers
  • Contains 1,2,3,4,5,6-HCH (6,6,6) (ISO), including lindane (ISO, INN)
  • Primarily made of dimethyl (5-ethyl-2-methyl-2oxo-1,3,2-dioxaphosphorin-5-yl)methylphosphonate and double [(5-b Mixtures and products of 2-methyl-2-oxo-1,3,2-dioxaphosphorin-5-yl)methyl] methylphosphonate (FRC-1)
  • 38248600a articles listed in note 3 to this chapter containing PeCB (ISO) or Hexachlorobenzene (ISO)
  • Containing aldrin (ISO), toxaphene (ISO), chlordane (ISO), chlordecone (ISO), DDT (ISO) [Diptrix (INN), 1,1,1-trichloro-2 ,2-Bis(4-chlorophenyl)ethane], Dieldrin (ISO, INN), Endosulfan (ISO), Endrin (ISO), Heptachlor (ISO) or Mirex (ISO). The goods listed in note 3 of this chapter
  • Other carrier catalysts
  • Other polyesters
  • Reaction initiators, accelerators not elsewhere specified
  • Polyethylene with a primary shape specific gravity of less than 0.94
  • Acrylonitrile
  • Lubricants (without petroleum or oil extracted from bituminous minerals)
  • Diagnostic or experimental formulation reagents, whether or not attached to backings, other than those of heading 32.02, 32.06
  • Lubricant additives for oils not containing petroleum or extracted from bituminous minerals
  • Primary Shaped Epoxy Resin
  • Polyethylene Terephthalate Plate Film Foil Strips
  • Other self-adhesive plastic plates, sheets, films and other materials
  • Other plastic non-foam plastic sheets
  • Other plastic products
  • Other primary vinyl polymers
  • Other ethylene-α-olefin copolymers, specific gravity less than 0.94
  • Other primary shapes of acrylic polymers
  • Other primary shapes of pure polyvinyl chloride
  • Polysiloxane in primary shape
  • Other primary polysulphides, polysulfones and other tariff numbers as set forth in note 3 to chapter 39 are not listed.
  • Plastic plates, sheets, films, foils and strips, not elsewhere specified
  • 1,2-Dichloroethane (ISO)
  • Halogenated butyl rubber sheets, strips
  • Other heterocyclic compounds
  • Adhesives based on other rubber or plastics
  • Polyamide-6,6 slices
  • Other primary-shaped polyethers
  • Primary Shaped, Unplasticized Cellulose Acetate
  • Aromatic polyamides and their copolymers
  • Semi-aromatic polyamides and their copolymers
  • Other polyamides of primary shape
  • Other vinyl polymer plates, sheets, strips
  • Non-ionic organic surfactants
  • Lubricants (containing oil or oil extracted from bituminous minerals and less than 70% by weight)
  • Aircraft and other aircraft with an empty weight of more than 15,000kg but not exceeding 45,000k
  •  List translated by CNBC and Google translate.

MEMORANDUM New Chinese Tariff Went Into Effect Today

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Making good on its warnings during the last few weeks and in retaliation for the U.S. tariffs placed on steel and aluminum, China has placed new tariffs on 128 products bought from the U.S.  According to a statement by the Chinese finance ministry, the new tariffs went into effect today, April 2. Eight imported U.S. products have had their rates increased by 25 percent; a new 15 percent tariff has also been placed on 120 imported U.S. commodities, including fruits.

The 25% tariff will apply primarily to pork products but also includes scrap aluminum.

  • Aluminum scrap
  • Fresh or cold boned pig forelegs, hindquarters, and their meat
  • Other fresh or cold pork
  • Other frozen whole head and half pork
  • Frozen bone forelegs, pigs’ legs, and their meat
  • Other frozen pork
  • Frozen pork liver
  • Other frozen pork chops

The 15% tariff applies primarily to fruit and nut products, as well as steel piping.

  •     Dried coconut
  •     Coconut without inner shell
  •     Other coconut
  •     Unhulled Brazilian nuts
  •     Shelled Brazilian nuts
  •     Unshelled cashews
  •     Shelled cashew
  •     Unshelled almonds
  •     Shelled almonds
  •     Hazelnuts
  •     Unshelled hazelnuts
  •     Unshelled walnuts
  •     Walnut kernels
  •     Unhealed chestnut
  •     Other shelled chestnuts
  •     Unhulled pistachio fruit
  •     Hulled pistachi nut
  •     Other unhealed macadamia nuts
  •     Roasted macadamia nuts
  •     Betel nut fruit
  •     Pine nuts
  •     Other fresh or dried nuts
  •     Fresh or dried plantain
  •     Other fresh or dried bananas, except for plantains
  •     Fresh or dried dates
  •     Fresh or dried figs
  •     Fresh or dried pineapple
  •     Fresh or dried avocados
  •     Fresh or dried guava
  •     Fresh or dried mango
  •     Fresh or dried mangosteen
  •     Fresh or dried orange
  •     Other citrus (including mandarin and satsuma oranges)
  •     Clementine orange
  •     Virgin orange and similar hybrid citrus
  •     Grapefruit, including pomelo
  •     Lemons and limes
  •     Unlisted citrus fruit
  •     Fresh grapes
  •     Raisins
  •     Fresh watermelon
  •     Fresh cantaloupe
  •     Papaya
  •     Fresh apples
  •     Fresh pears
  •     Fresh sour cherries
  •     Other fresh cherries
  •     Peaches, including nectarines
  •     Fresh plum and promos
  •     Fresh strawberries
  •     Fresh raspberry, blackberry, mulberry and Logan berry
  •     Fresh cranberry and cowberry
  •     Kiwi
  •     Fresh durian
  •     Persimmon
  •     Fresh lychee
  •     Fresh longan
  •     Rumbatan
  •     Fresh sweet lychee
  •     Fresh carambola
  •     Fresh lotus fog
  •     Fresh pitaya
  •     Fruits not listed
  •     Frozen strawberries
  •     Frozen raspberries, blackberries, mulberries, rose hips, currant and gooseberries
  •     Frozen fruits and nuts, not listed
  •     Other temporarily preserved fruits and nut
  •     Fried apricots
  •     Mei Qiang and Li Gan
  •     Dried apples
  •     Dried longan and meat
  •     Dried persimmons
  •     Red dates
  •     Dried litchi
  •     Dried fruits not listed
  •     Assorted nuts or dried fruits
  •     Sparkling wine
  •     Other fresh brewed wines packing containers of 2-liters or less brewed with alcohol
  •     Wines brewed with other fresh grapes packed in 2-liter containers, but not more than 10 liters
  •     Wines made from other fresh grapes packed in containers of 10 liters or more
  •     Other items from grape juice wine
  •     Modified Ethanol and other alcohols of any concentration
  •     American ginseng
  •     Other fresh ginseng
  •     Unlisted ginseng
  •     Stainless steel pipes used for oil or gas piping or drilling (32 sizes of those)

 

 

Governmental Notices for March 24 through 30, 2018

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In addition to links and information regarding the Harmonized Tariff Schedule Revision 2 implementing new Section 232 tariffs on aluminum & steel products and Safeguards on washers and solar cells, as well as the Proclamations addressing the Section 232 Tariffs, this issue also provides a link to the CPSC’s Draft Guidelines for Determining Age Appropriateness of Toys and CBP’s Drawback Interim Guidance & Upcoming Commodity Specific Webinar schedule, as well as the following governmental notices that may be of interest to our members and the trade:

APHIS’ Rule regarding the Importation of Fresh Cherimoya Fruit from Chile, Proposed Rule addressing the Importation of Pummelo from Thailand and Notice of a Comment Request concerning the Importation of Gypsy Moth Host Materials from Canada;

CPSC’s Notice of the availability of a draft document for Determining Age Appropriateness of Toys and notice of a Public Hearing about The Internet of Things and Consumer Product Hazards;

CBP’s Notice of Comment Requests regarding Drawback Process Regulations and Small Vessel Reporting System and current Bulletin containing various Commercial Gauger and Laboratory Accreditations and Approvals, as well as the latest ABI messages, which include links to a New Version Of Interim [DRAFT] Guidance On Drawback Claims Filed Under New Trade Facilitation And Trade Enforcement Act Procedures and a listing of the National Commodity Specialist Division Webinar Training Schedule by date, which also provides links for registration;

CPSC and FDA Recalls and Consumer Updates;

OFAC’s Notice of the Blocking of Persons and Properties.;

FTZ Board current notices;

ITA Notices of the Antidumping or Countervailing Duty Investigations, Orders or Reviews, as well as updates on Determinations, Investigations and Complaints on merchandise such as Glycine from the People’s Republic of China       and Plastic Decorative Ribbon from the People’s Republic of China;

Presidential Proclamations setting across-the-board Section 232 tariffs on aluminum products and on iron and steel products and Administrative Orders announcing the Continuation of National Emergency situations regarding Cyber-enabled Malicious Activities, as well as in the South Sudan;

California’s latest 60 Day Notices on items such as, but not limited to, certain Travel Kits, pushpin bags and Foldable Headphones; and,

Canada’s latest Antidumping and Consumer Alert & Recall notices.     

Members wishing to learn more about any of these items are encouraged to review details on the Gemini Member Site, or to contact the Gemini team.

GSP Update

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March 26, 2018

 

Members, 

As reported in our February 15th Memorandum, although H.R.4979, The Act To Extend The Generalized System Of Preferences had successfully made it through the House and was sitting with the Senate Committee, speculation was that a more likely vehicle for GSP renewal would be the Omnibus Spending Bill.  And, further to our Update of Friday in which we reported that both the House and Senate had passed such legislation, in fact this was the case.

Last Friday, after our Update “went to press,” President Trump signed into law the $1.3 trillion spending bill passed by Congress to keep the government open through September.  Included in the legislation was a provision to renew the Generalized System of Preferences (GSP), extending the program through December 31, 2020.  Although GSP is not actually reinstated until April 22, 2018, as in the past, the renewal also retroactively extends benefits to covered imports that have been made since the program lapsed after midnight of December 31, 2017.

Importers should continue to follow the instructions issued by CBP in its CSMS 17-000789:

Special Procedures for GSP-Eligible Goods:  In the event of a lapse and until further notice, importers are strongly encouraged to continue to flag otherwise GSP-eligible importations with the SPI “A” pay Normal Trade Relations (column 1) duty rates. Importers may not file SPI “A” without duties.

Programming:  In the event that GSP is renewed with retroactivity, CBP is developing programing to provide for the batch processing of refunds on all importations made with SPI “A” and duties paid.

Now that retroactive renewal for GSP is certain, CBP should be issuing its official instructions for obtaining refunds; we will keep you advised.

Governmental Notices for March 17 through 23, 2018

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In addition to links and information regarding Trump’s Section 232 Tariffs and GSP Renewal, the following governmental notices may be of interest to our members and the trade, including links to:

APHIS’ Rule regarding the Importation of Plants for Planting;

CPSC’s Rule addressing Guidance: Labeling of Certain Household Products Containing Methylene Chloride and Notice of a Survey on Smoke and Carbon Monoxide Alarms;

CBP’s Notices of a National Customs Automation Program eBond Test and a Country of Origin Determination on Certain Monochrome Laser Printers and Replacement Toner Cartridges; the current Bulletin containing Notices of the Issuance of Final Determinations Concerning Certain Ethernet Gateway Products and the Country of Origin of Aluminum Honeycomb Panels and of The Hub And Mobile Platforms, and the AMC Home Tele-Health System, as well as the latest ABI messages, addressing issues such as the Additional Duty on Imports of Steel and Aluminum Articles under Section 232;

CPSC and FDA Recalls and Consumer Updates;

OFAC’s Proposed Rule regarding Effectiveness of Licensing Procedures for Exportation of Agricultural Commodities, Medicine, and Medical Devices to Sudan and Iran and Notices of the Blocking of Persons and Properties;

FTZ Board current notice;

ITA and ITC’s Notices of the Antidumping or Countervailing Duty Investigations, Orders or Reviews, as well as updates on Determinations, Investigations and Complaints on merchandise such as Fine Denier Polyester Staple Fiber from the People’s Republic of China and India and Rubber Bands from China, Sri Lanka, and Thailand;

Presidential Executive Order regarding Additional Steps to Address the National Emergency declared in Venezuela;  

California’s latest 60 Day Notices on items such as, but not limited to, certain Glass Salt and Pepper Shakers with Exterior Designs, a Mountable Compass with Suction Cup and Vinyl/PVC Gloves; and,

Canada’s latest Consumer Alert & Recall notices.     

Members wishing to learn more about any of these items are encouraged to review details on the Gemini Member Site, or to contact the Gemini team.

Gemini Shippers Group Letter to President on proposed tariffs

By | Customs & Trade Updates, Washington Newsline | No Comments

Members
Many of you may be following the news about the proposed tariffs on Chinese consumer products as a result of the Section 301 investigation.  There are significant concerns not only about the impact the tariffs will have on imports and consumers, but the potential retaliation by China on U.S. exports.

This week Gemini Shippers Group joined a collection of softgood trade associations to issue a joint  Letter to the President voicing our concerns while urging the Administration to take measured, commercially meaningful actions consistent with  international obligations that benefit U.S. exporters, importers, and investors.

We will continue to advocate for our members in Washington to ensure that US trade policy continues to promote the success of our members.  Please join us in New York on April 19th at our annual members meeting to learn more about this and other international trade and transportation topics.

We will keep members informed as we learn more in these proposed tariff actions.

Best regards
Sara Mayes
President / CEO
Gemini Shippers Group

Governmental Notices for March 10 through 16, 2018

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In addition to links and information regarding Trump’s Section 232 Tariffs, the following governmental notices may be of interest to our members and the trade, including links to:

APHIS’ Rule regarding Imports of Campanula spp. Plants for Planting in Approved Growing Media from Denmark into the United States;

CPSC’s Notice of the availability of a draft document titled, Guidance on the Application of Human Factors to Consumer Products and Seeks Comments;

CBP’s current Bulletin containing Decision # 18-02 regarding Extension of Import Restrictions Imposed on Certain Archaeological Material From Belize, Commercial Gauger and Laboratory Accreditations and Approvals and the Copyright, Trademark, and Trade Name Recordations, as well as the latest ABI messages, including announcement of the National Commodity Specialist Division Webinar Training Schedule;

CPSC and FDA Recalls and Consumer Updates;

OFAC’s Notice of an update to the identifying information of a person currently included in OFAC’s Specially Designated Nationals and Blocked Persons List.;

FTZ Board current notices;

ITA and ITC’s Monthly announcements advising of the Requests to conduct administrative reviews of various antidumping and countervailing duty orders, in addition to Notices of the Antidumping or Countervailing Duty Investigations, Orders or Reviews, as well as updates on Determinations, Investigations and Complaints on merchandise such as Fine Denier Polyester Staple Fiber From the People’s Republic of China and India and the Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China;

Presidential Proclamations setting across-the-board Section 232 tariffs on aluminum products and on iron and steel products and an Administrative Order announcing the Continuation of National Emergency situations in Iran;

California’s latest 60 Day Notices on items such as, but not limited to, certain Micro USB Cords, badge holders and Backpacks with Vinyl/PVC Components; and,

Canada’s latest Antidumping and Consumer Alert & Recall notices.     

Members wishing to learn more about any of these items are encouraged to review details on the Gemini Member Site, or to contact the Gemini team.

Federal Maritime Commission Orders Formal Investigation in Detention & Demurrage Case

By | Customs & Trade Updates, Washington Newsline | No Comments

The Federal Maritime Commission voted to launch an investigation, headed by Commissioner Rebecca Dye, focused on the practices of vessel operating common carriers and marine terminal operators related to detention, demurrage, and per diem charges.

As the designated Investigative Officer, Commissioner Dye will have broad authority to conduct Fact Finding 28, including the power to issue subpoenas, to hold public and non-public sessions, and to require reports. Under this Order, she is charged with making recommendations for Commission action including investigations of prohibited acts; enforcement priorities; policies; rulemaking proceedings; or other actions warranted by the record developed in the proceeding.

Fact Finding 28 stems from a petition (Petition P4-16) filed at the Commission by the Coalition for Fair Port Practices. In January, the Commission held a two day hearing that explored issues raised in the petition by soliciting testimony from shippers, ocean transportation intermediaries, ocean carriers, truckers, and marine terminal operators.

Acting Chairman Michael A. Khouri said “The Coalition raised substantive issues in both their petition and their testimony at our January hearing investigating carrier and terminal detention and demurrage practices. Various alleged practices were described that—without countervailing or explanatory testimony and evidence—would be troubling from my perspective. However; without any filed complaints by cargo stakeholders, where the crucible of adversary proceedings can bring light and transparency to such practices, I supported this investigatory fact finding so as to more fully develop a tested factual record. Commissioner Dye is uniquely qualified to lead Fact Finding 28, particularly given the work she has done to date examining supply chain reliability and resilience. I have every confidence in the work she will do.”

A final report of Commissioner Dye’s findings and recommendations is due to the Commission no later than December 2, 2018.

Commissioner Dye commented, “I appreciate the confidence of the Commission and look forward to working with our stakeholders to strengthen the Nation’s freight delivery system and increase American competitiveness.”

Commissioner Daniel Maffei stated, “While many questions remain after the hearing, I do believe it effectively established that the practices surrounding detention and demurrage charges can be out-of-date, confusing, inconsistent, and, in my view, often unfair. Today the Commission unanimously takes the first step towards corrective action through a comprehensive Order of Investigation that will bring all the relevant facts to light.”

As the Investigative Officer, Commissioner Dye will examine detention, demurrage, and per diem practices generally, but at a minimum, she will evaluate five key issues:

  • Whether the alignment of commercial, contractual, and cargo interests enhances or aggravates the ability of cargo to move efficiently through U.S. ports
  • When has the carrier or MTO tendered cargo to the shipper and consignee
  • What are the billing practices for invoicing demurrage or detention
  • What are the practices with respect to delays caused by various outside or intervening events
  • What are the practices for resolution of demurrage and detention disputes between carriers and shippers

Governmental Notices for March 3 through 9, 2018

By | Customs & Trade Updates | No Comments

In addition to links and information regarding Trump’s Section 232 Tariffs, the following governmental notices may be of interest to our members and the trade, including links to:

CBP’s Notices of Accreditations and Approvals of Commercial Gaugers and Laboratories; the current Bulletin containing Decision # 18-01 regarding a Technical Amendment to List of User Fee Airports, additional Commercial Gauger and Laboratory Accreditations and Approvals and the Announcement of Program for the Private Sector to Participate in Trade-Related Training of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement Personnel, as well as the latest ABI messages;

CPSC’s Proposed Rule issue regarding a Petition Requesting Rulemaking to Exempt Certain Head Protection Devices from the Safety Standard for Bicycle Helmets;

CPSC and FDA Recalls and Consumer Updates;

OFAC’s North Korea Sanctions Regulations Rule and Notice of the Blocking of Persons and Properties;

FTZ Board current notices;

ITA and ITC’s Monthly announcements advising of the Initiation of Administrative Reviews, as well as the Opportunity to Request Administrative Review, in addition to Notices of the Antidumping or Countervailing Duty Investigations, Orders or Reviews, as well as updates on Determinations, Investigations and Complaints on merchandise such as Certain Lined Paper Products From India and the People’s Republic of China and Steel Wire Garment Hangers from Taiwan and Vietnam;

Presidential Administrative Orders announcing the Continuation of National Emergency situations in the Ukraine, Venezuela and Zimbabwe;

California’s latest 60 Day Notices on items such as, but not limited to, a certain Wine Bottle Tote, pushpin bags and shower curtains; and,

Canada’s latest Consumer Alert & Recall notices.     

Members wishing to learn more about any of these items are encouraged to review details on the Gemini Member Site, or to contact the Gemini team.

Governmental Notices for February 24 through March 2, 2018

By | Customs & Trade Updates | No Comments

In addition to a [CNN] link to President Trump’s announcement threatening to impose a 25 percent duty on all foreign steel and a 10 percent duty on imported aluminum, the following governmental notices may be of interest to our members and the trade, including links to:

CPSC’s Rules updating the All-Terrain Vehicles’ standard ANSI/SVIA 1-2007 and implementing Corrections to the Hazardous Substances and Articles:  Animal Testing Regulations and its Notices of: a Complaint about Britax Child Safety, Inc., as well as that of an upcoming Public Hearing about its Agendas for the next two fiscal years;

CBP’s Rule regarding Import Restrictions Imposed on Certain Archaeological Material from Belize, its Notices of Country of Origin Determinations addressing Aluminum Honeycomb Panels, Certain Ethernet Gateway Products, Hub and Mobile Platforms, AMC Home Tele-Health System     and Commercial Gaugers and Laboratories Accreditations and Approvals, as well as current ABI messages;

CPSC and FDA Recalls and Consumer Updates;

OFAC’s Notices of the Blocking of Persons and Properties;

FTZ Board current notices;

ITA and ITC’s Notices of the Antidumping or Countervailing Duty Investigations, Orders or Reviews, as well as updates on Determinations, Investigations and Complaints on merchandise such as Rubber Bands from Thailand, the People’s Republic of China, and Sri Lanka  and Certain Mobile Device Holders and Components Thereof;

USTR’s Notice of Requests for Nominations: Intergovernmental Policy Advisory Committee on Trade;

California’s latest 60 Day Notices on items such as, but not limited to, various Sandals, Flip Flops and certain Reading Glasses with Polymer Nose Pieces; and,

Canada’s latest Antidumping and Consumer Alert & Recall notices.     

Members wishing to learn more about any of these items are encouraged to review details on the Gemini Member Site, or to contact the Gemini team.