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DHS Announces 26 Additional PRC-Based Textile Companies to the UFLPA Entity List - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On May 16, 2024, the U.S. Department of Homeland Security announced the addition of 26 textile companies based in China to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. The UFLPA creates four categories of covered entities. All of the new additions fall within the category covering “facilities and entities, including the [XPCC], that source material from Xinjiang or from persons working with the government of Xinjiang or the [XPCC] for purposes of the ‘‘poverty alleviation’’ program or the ‘‘pairing-assistance’’ program or any other government-labor scheme that uses forced labor.”
By statute, goods, mined, produced, or manufactured wholly or in part in the XUAR or produced by an entity on one of the UFLPA lists are subject to a rebuttable presumption that they were made using forced labor and are inadmissible.
The announcement provides that by “focusing on cotton manufacturers based outside of the Xinjiang Uyghur Autonomous Region (XUAR) that source cotton from the XUAR, their designation will increase transparency and ensure responsible companies can conduct due diligence on their supply chains to ensure they do not include goods made with forced labor.”
Since the UFLPA was signed into law, 65 entities have been added to the UFLPA Entity List involving various product sectors including apparel, agriculture, polysilicon, plastics, chemicals, batteries, household appliances, electronics, and food additives. Future additions to the list will be considered. A procedure also is available whereby parties may request their removal from the entity list.
A list of the newly added entities, said to include cotton traders and warehouse facilities within China, the majority of which operate outside of the XUAR, appears below. The effective date of their designation is May 17, 2024.
Please do not hesitate to contact any of our attorneys for further information on the above or any other aspect of UFLPA compliance.
Entity Name
• Binzhou Chinatex Yintai Industrial Co., Ltd.
• China Cotton Group Henan Logistics Park Co., Ltd., Xinye Branch
• China Cotton Group Nangong Hongtai Cotton Co., Ltd.
• China Cotton Group Shandong Logistics Park Co., Ltd.
• China Cotton Group Xinjiang Cotton Co.
• Fujian Minlong Warehousing Co., Ltd.
• Henan Yumian Group Industrial Co., Ltd.
• Henan Yumian Logistics Co., Ltd. (formerly known as 841 Cotton Transfer Warehouse)
• Hengshui Cotton and Linen Corporation Reserve Library
• Heze Cotton and Linen Co., Ltd.
• Heze Cotton and Linen Economic and Trade Development Corporation (also known as Heze Cotton and Linen Trading Development General Company)
• Huangmei Xiaochi Yinfeng Cotton (formerly known as Hubei Provincial Cotton Corporation’s Xiaochi Transfer Reserve)
• Hubei Jingtian Cotton Industry Group Co., Ltd.
• Hubei Qirun Investment Development Co., Ltd.
• Hubei Yinfeng Cotton Co., Ltd.
• Hubei Yinfeng Warehousing and Logistics Co., Ltd.
• Jiangsu Yinhai Nongjiale Storage Co., Ltd.
• Jiangsu Yinlong Warehousing and Logistics Co., Ltd.
• Jiangyin Lianyun Co. Ltd. (also known as Jiangyin Intermodal Transport Co. and Jiangyin United Transport Co.)
• Jiangyin Xiefeng Cotton and Linen Co., Ltd.
• Juye Cotton and Linen Station of the Heze Cotton and Linen Corporation
• Lanxi Huachu Logistics Co., Ltd.
• Linxi County Fangpei Cotton Buying and Selling Co., Ltd.
• Nanyang Hongmian Logistics Co., Ltd. (also known as Nanyang Red Cotton Logistics Co., Ltd.)
• Wugang Zhongchang Logistics Co., Ltd.
• Xinjiang Yinlong Agricultural International Cooperation Co.
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CSMS # 60588866 - GUIDANCE: Importer Obligation & Requirements in completing Origin documents - Declarations, Statements, and Certifications of Origin - U.S. Customs & Border Protection
This notice is to inform the trade community of the importer obligations and requirements in completing origin documents such as origin declarations, origin statements, and certifications of origin documents.
Customs and Border Protection (CBP) has observed an increase in the use of consignee information where importer information is required; specifically, when the consignee is not the importer of record (IOR). The importer must be the actual IOR. If a consignee is not the IOR, the consignee may NOT be listed as the importer on the origin declaration, origin statement, or certification of origin.
GUIDANCE
The origin declarations, origin statements, or certifications of origin must be completed and signed by an official of the importer, exporter, or producer or agent of the importer, exporter, or producer having knowledge of the relevant facts to the origin of the goods, as specified by the respective trade preference program.
A claim for preferential tariff treatment may be denied if an importer fails to submit, when requested by CBP, the completed origin declaration, origin statement, or certification of origin prepared in accordance with the requirements of the trade preference program.
For more information on origin declarations, origin statements, certifications of origin requirements, see references below:
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp From India: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
• Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Multilayered Wood Flooring From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Lithographic Printing Plates From China and Japan; Scheduling of the Final Phase of Antidumping and Countervailing Duty Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Monosodium Glutamate From the People's Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty Order
• Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Initiation of Countervailing Duty Changed Circumstances Review
• Truck and Bus Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Glass Wine Bottles From Chile, the People's Republic of China, and Mexico: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
• Mattresses From Burma: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
• Mattresses From Italy: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
• Mattresses From the Philippines: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
• Mattresses From Poland: Final Affirmative Determination of Sales at Less Than Fair Value
• Mattresses From Slovenia: Final Affirmative Determination of Sales at Less Than Fair Value
• Mattresses From Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
• Mattresses From Bulgaria: Final Affirmative Determination of Sales at Less Than Fair Value
• Mattresses From Bosnia and Herzegovina: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ceramic Tile From India: Initiation of Countervailing Duty Investigation
• Common Alloy Aluminum Sheet From South Africa: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Dioctyl Terephthalate (DOTP) From Malaysia, Poland, Taiwan, and Turkey; Determinations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Stainless Steel Flanges From the People's Republic of China and India: Final Results of Changed Circumstances Reviews and Revocation of the Antidumping and Countervailing Duty Orders, in Part
• Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Amended Final Results of Antidumping Duty Administrative Review; 2021-2022
• 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Disposable Vaporizer Devices and Components and Packaging Thereof; Notice of a Commission Determination Not To Review Initial Determination Amending the Complaint and Notice of Investigation
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Final Rule on Demurrage & Detention Cleared to Take Full Effect May 28 - Federal Maritime Commission
Recent actions taken by the Office of the Management and Budget (OMB) and the Federal Maritime Commission clear the way for the final rule on Demurrage and Detention Billing Practices to take full effect on May 28, 2024.
The Commission issued its final rule on Detention and Demurrage Billing Practices on February 23, 2024, and gave notice of the May effective date except for the “Contents of Invoice” section 541.6. That provision of the rule contains an information collection under the Paperwork Reduction Act and required OMB review and approval. That process has been completed and the announcement of this collection’s approval is being published in the Federal Register tomorrow.
Invoices issued for demurrage or detention charges from May 28, 2024, must be fully compliant with all requirements of the Commission’s final rule. Entities issuing non-compliant invoices or to the wrong parties are subject to enforcement action.
Billing the proper party is an important part of the final rule. Last week, the Commission issued a Correction via the Federal Register to the previously published final rule. The clarification more clearly explained the rule’s application to carrier-trucker relationships and reiterated who the rule allows demurrage and detention bills to be sent to.
Parties receiving non-compliant invoices have several options for recourse. Parties may always seek resolution directly with the carrier issuing the invoice. The Commission has several options to assist parties receiving non-compliant invoices receive redress, including filing a Charge Complaint, requesting informal assistance from the Commission’s Office of Consumer Affairs and Dispute Resolution Services, or filing an action before the Commission’s Administrative Law Judges.
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FDA Issues Final Guidance to Clarify “Remanufacturing” of Devices that Need Maintenance or Repair - Food & Drug Administration
Today, the U.S. Food and Drug Administration issued final guidance to provide the medical device industry clarity on the definition of “remanufacturing” for reusable devices needing maintenance or repair. The final guidance seeks to ensure that there is consistency regarding what constitutes remanufacturing activities and to promote a better understanding of applicable federal law and regulations implicated by remanufacturing activities. The final guidance was issued following the agency’s extensive review of postmarket information and consideration of public comments, which highlighted the need for clarity, considering the different regulatory implications between “servicing” and “remanufacturing” of a medical device.
“Today’s action represents an important step forward in our mission to assure continued patient access to high-quality, safe and effective medical devices,” said Jeff Shuren, M.D., J.D., director of the FDA’s Center for Devices and Radiological Health. “This guidance provides important clarity on defining remanufacturing and helps to remove perceived barriers to obtaining repair or maintenance of a device if it does not alter the safety, performance or intended use.”
Many medical devices are reused; for instance, infant warmers, ventilators, endoscopes and defibrillators, and proper servicing is critical to the device’s continued performance and overall total product lifecycle. Additionally, many devices are complex and use varying technologies to be safe and effective for their intended use. Without access to information and resources to ensure proper servicing, unintentional remanufacturing, which may cause the device to be out of compliance with and in violation of federal law, can occur. Because of this, the FDA is advising in this guidance that devices include instructions necessary for proper device servicing, as well as providing examples of activities that constitute remanufacturing.
Remanufacturing is the processing, conditioning, renovating, repackaging, restoring or any other act done to a finished device that significantly changes the finished device’s performance, safety specifications or intended use. Servicing is the repair and/or preventive or routine maintenance of one or more parts in a finished device, after distribution, for purposes of returning it to the safety and performance specifications established by the original equipment manufacturer (OEM) and to meet its original intended use.
The FDA determines whether the specific tasks performed on the device constitute “remanufacturing” activities according to the authorities in the Federal Food, Drug, and Cosmetic Act and its implementing regulations, such as the quality system regulation, but not according to an entity’s self-identified designation as a “remanufacturer” or a “servicer.” Simply put, remanufacturing is when a significant alteration is made to a device’s performance, safety specifications or its intended use, changing the device from what was legally marketed as approved, cleared or authorized by the FDA. The final guidance sets forth guiding principles that the FDA recommends applying in the context of remanufacturing, a flowchart to help determine whether activities may be remanufacturing and examples that may be helpful to industry.
Additionally, the guidance recommends certain information be included in the labeling of reusable medical devices regarding their preventive maintenance and repair, including instructions on how to adequately return a device to its performance and safety specifications established by the OEM. The labeling recommendations do not encourage the disclosure of trade secrets or confidential commercial information. The FDA believes including this information should be considered an industry best practice going forward.
Third-party servicers are entities, other than the manufacturer or healthcare delivery organizations using the device, that maintain, restore, refurbish, repair or service a finished device after distribution, for purposes of returning it to the safety and performance specifications established by the OEM and to meet its original intended use. The agency continues to recognize the importance of stakeholders’ perspectives regarding the need for proper servicing that ensures quality, safe and effective devices remain available throughout their use life.
The availability of timely, cost-effective, quality maintenance and repair of medical devices is critical, both to the successful functioning of the U.S. healthcare system and the public health. The FDA’s regulations and policies should not be considered an impediment to sharing information, tools and access to third-party servicers, as these policies are intended to help facilitate high-quality servicing by all entities engaged in these activities.
The FDA began more closely examining remanufacturing and servicing and the impact of such activities on the quality, safety and continued effectiveness of devices, in 2016, when the agency opened a public docket and held a workshop to get public and industry input. Subsequently, the agency published a report, “FDA Report on the Quality, Safety, and Effectiveness of Servicing of Medical Devices,” which detailed the FDA’s plan to provide clarity on the distinction between remanufacturing and servicing that was consistently requested in public comments. Today’s guidance is an output of that report and the agency’s overall commitment to collaborating with industry to improve patient access and a continuing supply of safe and effective, high-quality medical devices.
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What to Do Before the Tropical Storm or Hurricane - National Weather Service
The best time to prepare for a hurricane is before hurricane season begins on June 1. It is vital to understand your home's vulnerability to storm surge, flooding, and wind. Here is your checklist of things to do BEFORE hurricane seasons begins.
• Know your zone: Do you live near the Gulf or Atlantic Coasts? Find out if you live in a hurricane evacuation area by contacting your local government/emergency management office or by checking the evacuation site website.

• Put Together an Emergency Kit: Put together a basic emergency. Check emergency equipment, such as flashlights, generators and storm shutters.

• Write or review your Family Emergency Plan: Before an emergency happens, sit down with your family or close friends and decide how you will get in contact with each other, where you will go, and what you will do in an emergency. Keep a copy of this plan in your emergency supplies kit or another safe place where you can access it in the event of a disaster. Start at the Ready.Gov emergency plan webpage.

• Review Your Insurance Policies: Review your insurance policies to ensure that you have adequate coverage for your home and personal property.

• Understand NWS forecast products, especially the meaning of NWS watches and warnings.
Preparation tips for your home from the Federal Alliance for Safe Homes

Download our checklists and more free resources.
 
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