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CSMS #52739058 - Temporary Duty-Free Treatment of Infant Formula - U.S. Customs & Border Protection
This message is being issued to provide updated guidance on HR 8351, the Formula Act. Signed by the President on July 22, 2022, the Formula Act temporarily suspends duty on imports of certain infant formula products. The Office of Trade has updated the Harmonized Tariff Schedule of the United States (HTSUS) file in the Automated Commercial Environment (ACE) to account for this legislation.
U.S. Customs and Border Protection (CBP) will provide duty-free treatment of the eligible infant formula products entered or withdrawn from warehouse for consumption from July 22, 2022 through December 31, 2022. Duty-free treatment is limited to certain infant formula products classified under the designated United States Harmonized Tariff Schedule (HTS) numbers. The eligible infant formula products will not be subject to any additional safeguard duties that may be imposed under subchapter IV of Chapter 99 of the HTS, or any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles.
Importers/filers are required to classify the infant formula products with the correct Chapter 19 or Chapter 21 HTS number, along with the corresponding Chapter 99 HTS number, as identified below.
Chapter 99 HTS Number Eligible Chapter 19 and Chapter 21 HTS Numbers
9903.19.19 1901.10.16, 1901.10.26, 1901.10.36, 1901.10.44
9903.19.20 1901.10.29, 1901.10.49
9903.19.21 2106.90.97
9903.19.22 2106.90.99
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2020-2021; Correction
• Citric Acid and Certain Citrate Salts From Thailand: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Investigations; Determinations, Modifications, and Rulings, etc.: Stainless Steel Plate From Belgium, South Africa, and Taiwan; Determination
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Finished Carbon Steel Flanges From India: Final Results of Changed Circumstances Review
• Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
• Investigations; Determinations, Modifications, and Rulings, etc.: Glycine From China; Scheduling of Expedited Five-Year Review
• Certain Toner Supply Containers and Components Thereof (II); Notice of Commission Final Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of the Investigation
• Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certain Stainless Steel Wire Rods From India: Final Results of the Expedited Sunset Review of the Antidumping Duty Order
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Fabrics of Triacetate Filament Yarns: Effect of Modification to U.S.-Korea FTA Rules of Origin
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Rescission of Antidumping and Countervailing Duty Administrative Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation; Certain Interactive Fitness Products Including Stationary Exercise Bikes, Treadmills, Elliptical Machines, and Rowing Machines and Components Thereof
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Rescission of Antidumping and Countervailing Duty Administrative Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation; Certain Interactive Fitness Products Including Stationary Exercise Bikes, Treadmills, Elliptical Machines, and Rowing Machines and Components Thereof
• Certain Electronic Devices and Semiconductor Devices With Timing-Aware Dummy Fill and Components Thereof; Notice of the Commission's Determination Not To Review an Initial Determination Setting a 20-Month Target Date and an Initial Determination Granting a Motion To Intervene
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USITC Launches New Investigation on Possible Modification to the United States-Korea Free Trade Agreement Rules of Origin - International Trade Commission
The United States International Trade Commission (USITC) is seeking input on a newly initiated investigation concerning a proposed modification to the United States-Korea Free Trade Agreement (KORUS) rules of origin.
The investigation, Certain Fabrics of Triacetate Filament Yarns: Effect of Modification to U.S.-Korea FTA Rules of Origin (Inv. No. U.S.-Korea FTA-103-033) was requested by the U.S. Trade Representative (USTR) in a letter received on July 5, 2022. The letter included an attachment detailing the textile and apparel articles affected by the proposed modification.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will provide advice on the probable economic effect of the proposed KORUS rules of origin modification on U.S. trade under the KORUS, total U.S. trade, and domestic producers of the affected articles.
The USITC expects to submit its advice to the USTR by November 4, 2022. A public version of the report, with all confidential business information deleted, will be released as soon as possible thereafter.
The USITC is seeking input for its new investigation from all interested parties and requests that the information focus on the articles for which the USITC is requested to provide information and advice. The USITC will not hold a public hearing in connection with the investigation; however, the USITC welcomes written submissions for the record. Written submissions should be addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 and should be submitted at the earliest practical date but no later than 5:15 p.m. on August 26, 2022.
IMPORTANT: All written submissions must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (EDIS3Help@USITC.gov), or consult the Commission’s Handbook on Filing Procedures.
Further information on the scope of the investigation is available in the USITC’s notice of investigation, dated July 21, 2022, which can be downloaded from the USITC Internet site (www.usitc.gov) or may be obtained by contacting the Office of the Secretary at commissionhearings@usitc.gov.
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USITC Makes Determinations in Five-Year (Sunset) Review Concerning Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, Korea and the United Kingdom - International Trade Commission
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of cold-rolled steel flat products from China, India, Japan, South Korea, and the United Kingdom would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time, and that revoking the existing antidumping and countervailing duty orders on imports of cold-rolled steel flat products from Brazil would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China, India, Japan, South Korea, and the United Kingdom will remain in place. As a result of the Commission’s negative determinations, the existing orders on imports of these products from Brazil will be ended.
For the reviews of imports from China, India, Japan, South Korea, and the United Kingdom, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative. For the reviews of imports from Brazil, Chairman David S. Johanson and Commissioners Jason E. Kearns and Amy A. Karpel voted in the negative. Commissioners Rhonda K. Schmidtlein and Randolph J. Stayin voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, South Korea, and the United Kingdom (Inv. Nos. 701-TA-540-543 and 731-TA-1283-1287 and 1290 (First Review), USITC Publication 5339, August 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by August 17, 2022; 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 review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, South Korea, and the United Kingdom was instituted on June 1, 2021.
On September 7, 2021, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that for the reviews concerning China, India, and South Korea, the domestic group response was adequate and the respondent group responses were inadequate and voted for full reviews. For the reviews concerning Brazil, Japan, and the United Kingdom, Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were adequate and voted for full reviews.
A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
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OFAC - Announcements - Office of Textile & Apparel
[07/25/2022] – The U.S. International Trade Commission (USITC) is seeking input concerning a proposed modification to the United States-Korea Free Trade Agreement (KORUS) rules of origin for Certain Fabrics of Triacetate Filament Yarns. At the request of the U.S. Trade Representative, the USITC instituted investigation No. U.S.-Korea FTA-103-033 for the purpose of providing advice on the proposed modification. Written comments are due by August 26, 2022. See the Federal Register notice for further details.
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Roma CBP Agriculture Specialists Intercept First in Nation Pest in Maguey Leaves - U.S. Customs & Border Protection
ROMA, Texas – Agriculture Specialists with U.S. Customs and Border Protection, Office of Field Operations (OFO) at the Roma Port of Entry intercepted a “First in Nation” pest, a beetle found within maguey leaves.
“Our frontline CBP agriculture specialists at Roma Port of Entry examine a significant amount of fresh produce shipments on a daily basis and their tenacity and dedication to the mission of safeguarding American agriculture led to their discovery of this first in nation pest interception,” said Port Director Andres Guerra, Roma/Rio Grande City Port of Entry.
The interception occurred on July 18, 2022, at the Roma International Bridge during an examination of a tractor trailer hauling fresh vegetables. During an examination of maguey leaves, CBP agriculture specialists intercepted a beetle which was submitted for identification to a local U.S. Department of Agriculture area entomologist. On July 20, 2022, the initial pest identification was confirmed as Acanthoderes funeraria Bates (Cerambycidae), a First-in-Nation interception, by the U.S. Department of Agriculture’s (USDA) Systematic Entomology Laboratory, Smithsonian Institution in Washington D.C. The shipment was refused entry and returned to Mexico.
Insects in the Cerambycidae family, also known as longhorn beetles, are known to feed on either wood materials or herbaceous plants, are considered invasive pests and may pose significant risk to the nation’s agriculture.
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Federal Trade Commission Finalizes Action Against “Made in USA” Offender Who Ripped “Made in China” Tags Out of Apparel, Replacing Them with “Made in USA” Tags - Federal Trade Commission
The Federal Trade Commission has finalized an order against apparel company Lions Not Sheep Products, LLC, and its owner Sean Whalen for falsely claiming that its imported apparel is Made in USA. Lions Not Sheep Products, LLC, and Whalen will pay $211,335.

First announced in May 2022, the FTC’s complaint alleged that the company added phony Made in USA labels to clothing imported from China and other countries. In addition to the monetary judgment, the FTC’s order requires Whalen and Utah-based Lions Not Sheep to:
• Stop making bogus Made in USA claims, and
• Come clean about foreign production.
Under the order, Whalen and Lions Not Sheep must stop claiming that products are made in the United States unless they can show that the product’s final assembly or processing—and all significant processing—takes place here and that all or virtually all ingredients or components of the product are made and sourced here.

Also under the order, any qualified Made in USA claims must include a clear and conspicuous disclosure about the extent to which the product contains foreign parts, ingredients or components, or processing. Finally, to claim that a product is assembled in the United States, Whalen and Lions Not Sheep must ensure that it is last substantially transformed in the United States, its principal assembly takes place in the United States, and U.S. assembly operations are substantial.
The FTC’s Enforcement Policy Statement on U.S. Origin Claims provides further guidance on making non-deceptive “Made in USA” claims. The agency’s Made in USA page features cases, instructive closing letters, and the brochure Complying with the Made in USA Standard, which answers many of the questions companies ask. Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts provides further information on labeling textile products. The FTC’s Made in USA Labeling Rule went into effect on August 13, 2021. Companies that violate the Rule from that date forward may be subject to civil penalties.
The Commission voted 5-0 to approve the final order in this case.
 
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