OTEXA: CPSC Guidance Document on Hazardous Additive, Non-Polymeric Organohalogen Flame Retardants in Certain Consumer Products - Office of Textile and Apparel
The Consumer Product Safety Commission (CPSC) recommends that manufacturers cease the use of organohalogen flame retardants (OFRs) in the production of children's products, furniture, mattresses, and electronics casings. Importers, distributors, and retailers also should obtain assurances from manufacturers that such products do not contain OFRs. See the CPSC Guidance Document on Hazardous Additive, Non-Polymeric Organohalogen Flame Retardants in Certain Consumer Products.
CPSC Prohibits Certain Phthalates in Children’s Toys and Child Care Products - Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) voted 3 to 2 on October 18, 2017 to issue a final rule prohibiting children’s toys and child care articles containing more than 0.1 percent of certain phthalate chemicals. The rule will take effect 180 days after publication in the Federal Register.
Phthalates are used to make vinyl and other plastics soft and pliable. Ingestion of certain phthalates can have harmful health effects on children.
The Commission’s final rule bans children’s toys and child care articles containing more than 0.1 percent of five specific phthalate chemicals. The rule is based on recommendations from a Chronic Hazard Advisory Panel (CHAP), which examined the health effects of phthalates in children’s toys and child care articles. Based on the CHAP’s report, CPSC majority determined that these five phthalate chemicals cause harmful effects on male reproductive development:
1.diisononyl phthalate (DINP);
2.di-n-pentyl phthalate (DPENP);
3.di-n-hexyl phthalate (DHEXP);
4.dicyclohexyl phthalate (DCHP); or,
5.diisobutyl phthalate (DIBP).
Congress permanently prohibited children’s toys and child care articles containing concentrations of more than 0.1 percent of three additional phthalates in the Consumer Product Safety Improvement Act of 2008 (CPSIA):
1.di-(2-ethylhexyl) phthalate (DEHP);
2.dibutyl phthalate (DBP); or,
3.benzyl butyl phthalate (BBP)
The final rule brings to eight the total number of phthalates that are restricted from use in children’s toys and child care articles at concentrations of more than 0.1 percent.
The CPSIA also established an interim prohibition on “children’s toys that can be placed in a child’s mouth and child care articles” containing concentrations of more than 0.1 percent of diisononyl phthalate (DINP), di-n-octyl (DNOP) or diisodecyl (DIDP). The Commission’s rule makes the interim prohibition regarding DINP permanent and expands it to cover “all children’s toys and child care articles” containing concentrations of more than 0.1 percent of DINP.
The final rule removes the interim prohibition regarding DNOP and DIDP. CPSC has determined that these phthalates do not cause adverse effects on male reproductive development, and other risks attendant to their use are low.
The Commission also issued a notice of requirements (NOR) for accreditation of laboratories to test for the newly prohibited phthalates in children’s toys and child care articles.
Children’s toys are defined by the CPSIA as products designed or intended by the manufacturer for play by a child 12 years of age or younger. Child care articles are consumer products designed or intended by the manufacturer to facilitate sleep or the feeding of children age three and younger, or to help children with sucking or teething.
USTR Announces New Enforcement Priorities for GSP - U.S. Trade Representative
New Efforts to Ensure All Countries Receiving Trade Benefits are Meeting Eligibility Criteria
Washington, D.C. – U.S. Trade Representative Robert Lighthizer today announced a new effort to ensure beneficiary countries are meeting the eligibility criteria of the Generalized System of Preferences (GSP) trade preference program.
This new effort includes a heightened focus on concluding outstanding GSP cases and a new interagency process to assess beneficiary country eligibility. This interagency process complements the current petition receipt and public input process for country practice reviews, which will remain unchanged.
The new additional process will involve a triennial assessment by USTR and other relevant agencies of each GSP beneficiary country’s compliance with the statutory eligibility criteria. If the assessment of a beneficiary country raises concerns regarding the country’s compliance with an eligibility criterion, the Administration may self-initiate a full country practice review of that country’s continued eligibility for GSP. The first assessment period will focus on GSP beneficiary countries in Asia. The Trump Administration will assess GSP beneficiary countries in other parts of the world in the second and third years of this process.
"Countries receiving U.S. trade benefits must meet the eligibility criteria established by Congress,” said Ambassador Lighthizer. “By creating a more proactive process to assess beneficiary countries’ eligibility, the United States can ensure that countries that are not playing by the rules do not receive U.S. trade preferences. This sets the correct balance for a system that helps incentivize economic reform in developing countries and achieve a level playing field for American businesses.”
Background
Under the GSP program, certain products from 120 beneficiary developing countries and territories can enter the United States duty-free. In 2016, the total value of imports that entered the United States under GSP was $18.9 billion. To qualify for GSP, a beneficiary country must meet 15 eligibility criteria established by Congress, including respecting arbitral awards in favor of U.S. citizens or corporations, combating child labor, respecting internationally recognized worker rights, providing adequate and effective intellectual property protection, and providing the United States with equitable and reasonable market access.
Initiation of AD/CVD Investigations: Polytetrafluoroethylene Resin from CN and IN - U.S. Customs & Border Protection
Initiation of Antidumping and Countervailing Duty Investigations: Polytetrafluoroethylene Resin from the People’s Republic of China and India
On October 18, 2017, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty investigations on Polytetrafluoroethylene Resin from the People’s Republic of China and India (Initiation Notices). These investigations have been assigned the following case numbers: A-570-066 (People’s Republic of China), A-533-879 and C-533-880 (India).
The Scope of Merchandise covered by these investigations reads as follows:
The product covered by this investigation is polytetrafluoroethylene (PTFE) resin, including but not limited to granular, dispersion, or coagulated dispersion (also known as fine powder). PTFE is covered by the scope of this investigation whether filled or unfilled, whether or not modified, and whether or not containing co-polymer additives, pigments, or other materials. Also included is PTFE wet raw polymer. The chemical formula for PTFE is C2F4, and the Chemical Abstracts Service Registry number is 9002-84-0.
PTFE further processed into micropowder, having particle size typically ranging from 1 to 25 microns, and a melt-flow rate no less than 0.1 gram/10 minutes, is excluded from the scope of this investigation.
PTFE is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 3904.61.0010 and 3904.61.0090. Subject merchandise may also be classified under
HTSUS subheading 3904.69.5000. Although the HTSUS subheadings and CAS Number are provided for convenience and Customs purposes, the written description of the scope is
dispositive.
Requirements or Submitting Comments on the Scope of the Investigations: Please be sure to comply with all three requirements established below.
Deadline for Submitting Comments:
As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on Tuesday, November 7, 2017, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Friday, November 17, 2017, which is 10 calendar days after the initial comments deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations identified above.
Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.
All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.
Operation Jungle Book Targets Wildlife Trafficking, Leading to Federal Criminal Cases and Recovery of Numerous Animal Species - U.S. Department of Justice
16 Defendants Prosecuted in Initiative Led by U.S. Fish and Wildlife Service
LOS ANGELES – Operation Jungle Book, a law enforcement initiative led by the United States Fish and Wildlife Service that targeted wildlife smuggling, has resulted in federal criminal charges against 16 defendants who allegedly participated in the illegal importation and/or transportation of numerous animal species – including a tiger, monitor lizards, cobras, Asian “lucky” fish, turtles, exotic songbirds and several coral species.
“We are combatting an ever-growing black market for exotic animals. An insatiable desire to own examples – both living and dead – of these vulnerable creatures is fueling this black market,” said Acting United States Attorney Sandra R. Brown. “This is a truly international problem that threatens the survival of iconic species and vulnerable animal populations. The United States Attorney’s Office is prosecuting a wide array of cases that highlight the pervasive problem of wildlife trafficking and the associated issues of invasive species, disease transmission and the extinction of certain species.”
In conjunction with the announcement of the criminal cases filed by federal prosecutors based in Los Angeles, the United States Fish and Wildlife Service (USFWS) is holding a media event today to showcase the broad range of species that are being smuggled into the United States and recognize its law enforcement and community partners who provide substantial assistance in the fight against wildlife trafficking.
“Wildlife trafficking does not stop at international borders, and it is our duty to protect imperiled species both at home and abroad,” said Ed Grace, USFWS Acting Chief of Law Enforcement. “I commend our special agents who worked collaboratively with our state and federal partners to investigate, arrest, and prosecute these criminals. I would also like to thank the zoos, sanctuaries, and educational centers that shelter, care for, and rehabilitate the live animals we seize. Together, we are saving imperiled animals while bringing to justice those who attempt to profit from the illegal wildlife trade.”
At today’s media event, USFWS officials will be joined by representatives of the United States Attorney’s Office, U.S. Customs and Border Protection (CBP), U.S. Immigration and Custom Enforcement’s Homeland Security Investigations (HSI), and the California Department of Fish and Wildlife (DFW). Some of the animals that have been recovered are currently being cared for by the Los Angeles Zoo, the San Diego Zoo Global, the Turtle Conservancy, and the STAR Eco Station – organizations that will also be represented at today’s event.
Over the past several months, prosecutors from the Environmental and Community Safety Crimes Section of the United States Attorney’s Office have filed and litigated a series of cases that demonstrate the scope of the underground market for protected wildlife. The cases further illustrate the various means used by traffickers to avoid detection in the harvesting and illegal smuggling of various species.
The black market for protected wildlife increases the demand for wildlife and their parts, which threatens to decimate vulnerable species. The prosecution of these cases will educate the public about the laws protecting wildlife and deter future wildlife crimes.
Tiger
A Florida man was arrested yesterday afternoon on charges of being involved in the illegal sale and transportation of a Bengal tiger that was seized from a residence in Ventura County.
Nicholas Bishop, also known as “Nick the Wrangler,” 27 – who currently resides in Hollandale, Florida, but at the time of the offense lived in Henderson, Nevada – was named in a criminal complaint filed late last month that charges him with the federal felony offense of aiding and abetting the purchase of a prohibited wildlife species. The State of California also prohibits the possession of tigers and other large cats (certain licensed individuals and organizations have exceptions).
According to the affidavit in support of the complaint, Bishop falsified documents used to purchase the tiger in March 2014 from an Indiana organization called Wildlife In Need, Wildlife Indeed. In a statement he later gave to investigators, Bishop said that he had purchased the tiger for Michael Ray Stevenson, a rapper who uses the stage name Tyga.
The following month, the tiger was seen in a backyard in Ventura and reported to the DFW, which later located and seized the animal in Piru. The two individuals who possessed the tiger in Piru were convicted in state court. When it was recovered, the tiger weighed approximately 100 pounds; it now weighs well over 400 pounds.
Bishop allegedly falsified purchase records and caused the interstate transport of the tiger without the necessary documentation and permits required by the USFWS and the United State Department of Agriculture.
Bishop was taken into custody yesterday afternoon. He is expected to make his initial court appearance this afternoon in United States District Court in Fort Lauderdale, Florida. If he were to be convicted of the criminal charge, Bishop would face a statutory maximum sentence of five years in federal prison.
Read further