PNCT & Maher Terminals will be CLOSED for Election Day,
Tuesday, November 7th
CBP Increases Scrutiny of the Use of Forced Labor for Imported Products - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
U.S. Customs and Border Protection (“CBP”) has recently begun to issue notices advising the importing public about their obligation to ensure that forced labor is not used to make imported products. In addition we have seen instances where CBP has issued questionnaires to importers relating to the use of forced labor to make their goods. These actions stem from two recent changes in the law. First, under the Trade Facilitation and Trade Enforcement Act, CBP’s authority to detain goods suspected of being produced using forced labor has been made broader. Second, Congress recently passed the Countering America’s Adversaries Through Sanctions Act, which, among other things, specifically prohibits the importation of merchandise that was produced using forced North Korean labor, whether the labor was provided inside or outside of North Korea. Goods suspected of being made (even in part) by forced labor in violation of these statutes will be detained and the importer will have the burden to prove that their goods should be released. In some instances where the importer cannot prove that the goods are not tainted, the goods can be exported, but in other cases seizures and forfeitures will take place.
Recent CBP publications have identified garments, footwear, mineral imports (especially from conflict-affected areas) and agricultural products as areas where CBP believes that forced labor is often used, but all industries are subject to scrutiny. These inquiries often require quick and meaningful responses to obtain the release of your merchandise. As a result we recommend that importers have compliance programs in place so that they can ensure that their goods are not made using forced labor and so they can provide fast and properly documented information to CBP to end any doubts that Customs may have about your goods and/or any of your vendors.
CBP Announces Additional Partnerships for New and Expanded Services - U.S. Customs & Border Protection
CBP announces 30 new tentative selectees for reimbursable services agreements to promote economic growth in cross-border trade and travel
WASHINGTON— U.S. Customs and Border Protection announced today 30 tentative selections for new reimbursable services agreements through Section 481 of the Homeland Security Act, 2002 to promote economic growth in cross-border trade and travel across the country.
These public-private partnerships in Arizona, California, Colorado, Delaware, Florida, Georgia, Indiana, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico, Saipan, South Carolina, Texas, and Washington will allow approved private sector and state and local government entities to reimburse CBP for expanded services for incoming commercial and cargo traffic and international traveler arrivals.
“Each year the number of travelers CBP welcomes to the United States and the amount of cargo we process increases, and it’s innovative solutions like the Reimbursable Services Program that allows us to keep pace while ensuring the safety and security of the American people,” said Acting Commissioner Kevin McAleenan. “The selection of these new partners reinforces CBP’s commitment to supporting opportunities for economic advancement and increased service.”
Since the program began in 2013, CBP has entered into agreements with 60 stakeholders, providing over 355,000 additional processing hours at the request of our partners—accounting for the processing of more than 7.8 million travelers and nearly 1 million personal and commercial vehicles.
The new agreements increase CBP’s ability to provide new or enhanced services on a reimbursable basis by creating partnerships with private sector and government entities. Reimbursable services under this authority include customs, agricultural processing, border security services, immigration inspection, and support services at ports of entry.
The statute maintains several limitations at CBP-serviced airports, including reimbursable services being limited to overtime costs and support services for airports with 100,000 or greater arriving international passengers annually. Airports with less than 100,000 arriving international passengers annually may offset CBP for the salaries and expenses of not more than five full-time equivalent CBP officers. These agreements will not replace existing services.
The entities tentatively selected for these partnerships are:
ITA: Press Release - U.S. International Trade Administration
11/2/2017 Final Determinations in the Antidumping Duty and Countervailing Duty Investigations of imports of Softwood Lumber from Canada
11/1/2017 Preliminary Determination in the countervailing duty (CVD) Investigation of imports of fine denier polyester staple fiber from China and India
10/30/2017 Preliminary Determination in the Antidumping Duty (AD) Investigation of imports of Carton-Closing Staples from the People's Republic of China
10/27/2017 Preliminary Determination in Antidumping Duty Investigation of Imports of Aluminum Foil from the People's Republic of China [ Non-Market Economy Review Memo ]
10/26/2017 Initiation of AD investigations of imports of forged steel fittings from China, Italy, and Taiwan and a CVD investigation of imports of forged steel fittings from China
10/19/2017 U.S. Department of Commerce and the U.S. Department of Homeland Security Sign Agreement to Improve Flow of E-Commerce Trade
10/19/2017 Initiations of Antidumping Duty (AD) Investigations of Imports of Polytetrafluoroethylene (PTFE) Resin from India and the People's Republic of China (China) and a Countervailing Duty (CVD) Investigation of Imports of PTFE Resin from India
10/17/2017 U.S. Companies and Organizations Visit Southeast Europe to Explore Business and Investment Opportunities
Initiation of AD/CVD Investigations: Forged Steel Fittings from CN, IT and TW - U.S. Customs & Border Protection
Initiation of Antidumping and Countervailing Duty Investigations: Forged Steel Fittings from the People’s Republic of China, Italy and Taiwan
On October 25, 2017, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty investigations on “forged steel fittings from the People’s Republic of China (PRC), Italy, and Taiwan” (Initiation Notices). These investigations have been assigned the following case numbers: A-570-067 and C-570-068 (the People’s Republic of China), A-475-839 (Italy) and A-583-863 (Taiwan).
The Scope of Merchandise covered by these investigations reads as follows:
The merchandise covered by this investigation is carbon and alloy forged steel fittings, whether unfinished (commonly known as blanks or rough forgings) or finished. Such fittings are made in a variety of shapes including, but not limited to, elbows, tees, crosses, laterals, couplings, reducers, caps, plugs, bushings and unions. Forged steel fittings are covered regardless of end finish, whether threaded, socket-weld or other end connections.
While these fittings are generally manufactured to specifications ASME B16.11, MSS SP-79, and MSS SP-83, ASTM A105, ASTM A350 and ASTM A182, the scope is not limited to fittings made to these specifications.
The term forged is an industry term used to describe a class of products included in applicable standards, and does not reference an exclusive manufacturing process. Forged steel fittings are not manufactured from casting. Pursuant to the applicable standards, fittings may also be machined from bar stock or machined from seamless pipe and tube.
All types of fittings are included in the scope regardless of nominal pipe size (which may or may not be expressed in inches of nominal pipe size), pressure rating (usually, but not necessarily expressed in pounds of pressure, e.g., 2,000 or 2M; 3,000 or 3M; 6,000 or 6M; 9,000 or 9M), wall thickness, and whether or not heat treated.
Excluded from this scope are all fittings entirely made of stainless steel. Also excluded are flanges, butt weld fittings, and nipples.
Subject carbon and alloy forged steel fittings are normally entered under HTSUS 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. They also may be entered under HTSUS 7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010.
The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive.
Requirements for 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 14, 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 24, 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.
New Permit Required for Drone Use in Port Area - Port of Long Beach
Unmanned aircraft system pilots need permission, insurance
New rules governing the use of unmanned aircraft systems — commonly known as drones — begin today, Oct. 26, in the Port of Long Beach, requiring pilots to obtain a permit before taking off or landing in the Harbor District.
Anyone wishing to take off or land a drone in the Harbor District must first obtain a permit from the Port of Long Beach’s Security Division. As part of the permit, the pilot must show proof of insurance, provide registration information and takeoff and landing plans, and obtain permission from occupants of any Port facilities to be overflown.
The new rules, approved as part of a recent tariff amendment by the Long Beach Board of Harbor Commissioners, are aimed at heightening safety in and security of the Port, which is the second-busiest in the United States, with more than 2,000 ship calls and millions of truck trips each year.
“Our security, risk management, and commercial operations staff worked closely with the Long Beach City Attorney’s Office to develop a permitting process that focuses on the safe usage of drones in the Harbor District, within the allowable legal parameters of the Federal Aviation Administration,” said Port of Long Beach Executive Director Mario Cordero. “The approved rules, with requirements for insurance and notifications, should enhance our ability to maintain a safe environment for cargo operations in the Port.”
Drone pilots can find information on specific rules and requirements, and obtain usage permit applications online at www.polb.com/drones. Questions about the drone permit process can also be directed to sd-admin@polb.com or (562) 283-7800.
Once permits are obtained, the Port will post the plans for drone usage on the website, as a means of notifying Port tenants. To report a careless and reckless drone operator, please contact Harbor Patrol Dispatch at (562) 283-7820. Careless and reckless operators can also be reported to the Federal Aviation Administration Regional Office at (425) 227-1999 or
9-wsa-opsctr@faa.gov