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USTR Extends Reinstated and Covid-Related Exclusions from China Section 301 Tariffs - U.S. Trade Representative
WASHINGTON – The Office of the United States Trade Representative today announced the further extension of the 352 reinstated exclusions and 77 COVID-related exclusions in the China Section 301 Investigation until December 31, 2023. The exclusions were previously scheduled to expire on September 30, 2023. The extension will allow for further consideration under the statutory four-year review.

Additional information is set out in the Federal Register notice, which can be viewed here.
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USTR Announces the Extension of Existing China 301 Exclusions until December 31, 2023 - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On September 6, 2023, in an as of yet unpublished Federal Register notice, the Office of the U.S. Trade Representative (“USTR”) announced its intention to extend the existing China 301 exclusions (otherwise scheduled to expire on September 30, 2023) until December 31, 2023.
At issue are two sets of exclusions. The first set consists of the 77 currently applicable COVID-related exclusions. A list of such exclusions can be found here (refer to those with a listed extension date of September 30, 2023) (and in heading 9903.88.68 / and Chapter 99, subchapter III U.S. notes 20(uuu)(i), (ii), (iii), and (iv)).
The second set consists of 352 exclusions that had been reinstated (and extended) by the USTR. A list of such exclusions can be found here (and in heading 9903.88.67 / Chapter 99, subchapter III U.S. notes 20(ttt)(i), (ii), (iii), and (iv)).
The above actions are being taken to allow for a transition period for the expiring exclusions and to allow for further consideration under the ongoing four-year review of the overall China 301 program. All other expired China 301 exclusions remain expired and without effect.
Should you have any questions regarding the above or the China 301 tariff generally, please do not hesitate to contact Arthur Bodek or any of our attorneys.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cased Pencils From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results
• 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Stainless Steel Flanges From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
• Certain Polyester Staple Fiber From the People's Republic of China: Continuation of Antidumping Duty Order
• Stainless Steel Flanges From India and the People's Republic of China: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders
• Certain Hardwood Plywood Products From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping and Countervailing Duty Scope Ruling; Notice of Amended Final Results
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Steel Propane Cylinders From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Results of Countervailing Duty Administrative Review; 2021
• Utility Scale Wind Towers From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Large Diameter Welded Pipe From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Determination of No Shipments; 2021-2022
• Certain Cut-To-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2021
• Certain Softwood Lumber Products From Canada: Amended Final Results of Antidumping Duty Administrative Review in Part; 2021
• Certain Metal Lockers and Parts Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2020-2021
• Utility Scale Wind Towers From Malaysia: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 2021
• Ripe Olives From Spain: Preliminary Results of Countervailing Duty Administrative Review, and Partial Rescission of Review; 2021
• Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Magnesium Metal From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2022-2023
• Utility Scale Wind Towers From Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Notice of Intent To Rescind, in Part; 2021-2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Silicon Metal From China; Scheduling of an Expedited Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Ripe Olives From Spain: Preliminary Results of Antidumping Duty Administrative Review, and Partial Rescission of Review; 2021-2022
• Certain Pea Protein From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Stainless Steel Bar from India: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Cut-To-Length Carbon-Quality Steel Plate From India, Indonesia, and the Republic of Korea: Continuation of Antidumping and Countervailing Duty Orders
• Certain Metal Lockers and Parts Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022
• Polyethylene Retail Carrier Bags From Malaysia: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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CBP Reminds the Traveling Public of Restrictions for Avian Commodities Originating from or Transiting Mexico - U.S. Customs & Border Protection
BROWNSVILLE, Texas – U.S. Customs and Border Protection is reminding the traveling public of the restrictions for avian commodities originating from or transiting Mexico including hunter harvested, non-fully finished avian trophies and meat.
“We want to remind the traveling public that fresh eggs, raw chicken, and live birds or poultry continue to be prohibited from entry and attempting to bring in these or other prohibited agricultural items would lead to traveler delays and may result in a fine,” said Port Director Tater Ortiz, Brownsville Port of Entry. “CBP remains committed to preventing the spread of Virulent Newcastle Disease and Highly Pathogenic Avian Influenza (HPAI).”
As of June 26, 2012, and until further notice, there are temporary restrictions on the importation of poultry, commercial birds, pet birds, other types of birds (zoological, research, performing), ratites, any avian hatching eggs, unprocessed avian products and by-products, and certain fresh poultry products from Mexico. Any of these commodities originating from or transiting through Mexico are prohibited entry to the United States, based on the diagnosis of highly pathogenic avian influenza in commercial poultry. These restrictions may be updated as additional epidemiological information is obtained.
Processed avian products and by-products originating from or transiting through Mexico imported as cargo must be accompanied by an APHIS import permit and/or government certification confirming that the products were treated according to APHIS requirements.
Unprocessed avian products and by-products originating from or transiting through Mexico are not permitted to enter in passenger baggage. This includes hunter harvested, non-fully finished avian trophies and meat.
Failure to declare prohibited agricultural items also can result in fines. Penalties for personal importations of undeclared, prohibited agricultural items, depending on the severity of the violation, can run as high as $500 and up to more than $250,000 for commercial importations.
The traveling public can learn more about bringing food items to the U.S. by consulting the attached link. For more information regarding prohibited fruits, vegetables, prepared foods and other items, please consult CBP’s “Know Before You Go” guide link.
For more detailed information about USDA guidelines for bringing agricultural items to the U.S., travelers can also examine the following link.
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FDA Issues Warning Letters to Three Infant Formula Manufacturers - Food & Drug Administration
Today, the U.S. Food and Drug Administration issued warning letters to three infant formula manufacturers as part of the agency’s ongoing commitment to enhance regulatory oversight to help ensure that the industry is producing infant formula under the safest conditions possible.
These warning letters for violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and the FDA’s Infant Formula regulations were issued to ByHeart Inc., Mead Johnson Nutrition (Reckitt), and Perrigo Wisconsin, LLC. They reflect findings from FDA inspections of these facilities over the last several months. At the time of each inspection, the FDA issued inspectional observations and exercised oversight of each firm as they initiated recalls (in December 2022, February 2023 and March 2023) to remove product potentially contaminated with Cronobacter sakazakii from the marketplace.
Importantly, the FDA does not advise parents and caregivers to discard or avoid purchasing any particular infant formula at this time. The agency is not aware of any distributed product where contamination was confirmed and believes that the recalls were effective in removing the potentially contaminated batches of product from the market. Additionally, these warning letters are not associated with any current recalls and therefore the FDA does not anticipate any impact to the availability of infant formula on the market.
The FDA is issuing these letters now as part of its normal regulatory process and to reinforce to these firms the importance of instituting and maintaining appropriate corrective actions when they detect pathogens to ensure compliance with the FDA’s laws and regulations. As part of this, the firms must, among other things, thoroughly conduct root cause investigations and perform subsequent cleaning and sanitation activities. Notably, firms also need to properly evaluate their cleaning and sanitation practices, schedules, and procedures before releasing product. Each company will have 15 working days to respond to the FDA to explain what corrective actions they are taking. The FDA will assess the adequacy of the companies’ corrective actions in the agency’s review of the responses and during the FDA’s next inspection of each facility. During these inspections the agency will verify proper implementation of appropriate corrective actions taken by each company.
“Infant formula manufacturers are responsible for ensuring they make safe products, and the agency has remained in ongoing discussions with the infant formula industry to address the agency’s concerns. The FDA is committed to identifying and acting on issues early to prevent any firms from reaching the level of concern that prompted last year’s large-scale recall and contributed to the infant formula shortage,” said Donald Prater, acting director of the FDA’s Center for Food Safety and Applied Nutrition. “Over the last year the FDA has continued to increase our oversight of powdered infant formula facilities. These letters are a reflection of this enhanced oversight and are intended to help the industry continuously improve the safety of their manufacturing practices, so that parents and caregivers can be confident that the formula they feed their children is safe and nutritious.”
Today’s actions are the latest in the FDA’s ongoing effort to strengthen the safety and resiliency of the infant formula supply in the U.S. In November 2022, the agency released an outline of a prevention strategy to prevent Cronobacter sakazakii illnesses associated with consumption of powdered infant formula. As part of that strategy, the FDA has been working with Congress to strengthen our regulatory tools and increase funding to oversee the infant formula industry and has worked closely with the U.S. Centers for Disease Control and Prevention (CDC) to support the Council of State and Territorial Epidemiologists' decision to add invasive Cronobacter infections among infants under one year of age to the Nationally Notifiable Conditions List. The agency has already started to hire staff as part of our work to establish a dedicated cadre of infant formula investigators and an Office of Critical Foods, both of which will strengthen the regulatory oversight of infant formula.
Healthy supply of infant formula available in the U.S. market
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USDA and DOJ Secure Surrender of Close to 150 Animals from Michigan Animal Dealer - USDA
WASHINGTON, August 28, 2023— The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS), in partnership with the U.S. Department of Justice and USDA’s Office of the General Counsel, has entered into a settlement agreement with Zachery Keeler, owner of Even Keel Exotics in Temperance, Michigan.
As part of this agreement, a Consent Decision & Order was entered on August 16, 2023, permanently revoking Mr. Keeler’s Animal Welfare Act (AWA) license. Mr. Keeler will surrender close to 150 animals, including red fox, serval, kinkajou, and a fishing cat, as well as ring-tailed lemurs that are protected under the Endangered Species Act.
“APHIS is committed to achieving the best possible outcomes for animals protected under the Animal Welfare Act,” said Deputy Administrator for APHIS’ Animal Care Program, Dr. Roxanne Mullaney. “This includes undertaking aggressive enforcement action against repeat, egregious violators of the law and working closely with APHIS partners to ensure AWA compliance.”
APHIS has secured placement at private facilities that are equipped to handle the animals. All of the animals were placed with AWA-licensed facilities in good standing.
Each year, APHIS protects millions of animals nationwide that are covered by the AWA. The Act, and accompanying regulations developed by APHIS, set Federal standards of care for certain animals that are bred at the wholesale level, used in research, transported commercially, or exhibited to the public. Under the law, APHIS has the ability to enforce the AWA through both administrative and federal litigation. In this instance, APHIS utilized both administrative and federal litigation to achieve prompt revocation of Mr. Keeler’s AWA license and the best possible outcome for this licensee’s animals. Inspection reports for this facility, and all facilities licensed under the AWA, are available on APHIS’ website.
 
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