THE C-AIR TIMES|
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 ISSUE #129 - 8/27/10 | ||
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In the coming months, Locke said the Commerce Department will conduct a transparent review of these proposals and seek public comment through a comprehensive stakeholder process. The process for introducing these proposed changes will begin this fall. President Obama announced the NEI during his State of the Union earlier this year. It will provide more funding, more focus and more cabinet-level coordination to grow U.S. exports, and it represents the first time the United States will have a government-wide export-promotion strategy with focused attention from the president and his cabinet. Since the President announced the NEI, the Department of Commerce’s Advocacy Center has assisted American companies competing for export opportunities, supporting $11.7 billion in exports and an estimated 70,000 jobs. To date, the Commerce Department has coordinated 19 trade missions with over 195 companies to 25 countries. Exports remain an integral part of the U.S. economy. In 2008, American exports accounted for nearly 7 percent of our total employment and one in three manufacturing jobs. In the first four months of 2010, exports grew almost 17 percent compared to the same period last year. * Antidumping duties are levied on foreign firms who, on the basis of a detailed investigation, are found to sell their products in the United States at prices that are below their home market price or their cost of production and cause injury to domestic industry. Countervailing duties are imposed after a similar investigation determines that imports into the United States have been unfairly subsidized by foreign governments and are injuring domestic producers. Below you’ll find descriptions of the 14 proposed measures:
The Consumer Product Safety Commission has posted a draft version of its final interpretive rule that would add a new Part 1200 to 16 CFR on the term "children’s product" as used in the Consumer Product Safety Improvement Act of 2008 (CPSIA).
The draft version would define "children’s product" and "general use product," and provide additional guidance on the factors that are considered when evaluating what is a children’s product. The draft version also lists examples. In addition, the draft's preamble contains CPSC responses to comments received on the proposed rule. (Note that most of the requirements introduced by the CPSIA apply to "children’s products" (the phthalates bans, lead content limits, third-party testing, tracking labels, etc.).) Decision Meeting on Rule Scheduled for Sept 9
A cover sheet accompanying the draft final interpretive rule states that a decision meeting for the rule is scheduled for September 9, 2010; a ballot vote has not been scheduled. Draft Definition of "Children’s Product" According to the draft regulations, the term "children’s product" would be defined as follows: "Under section 3(a)(2) of the Consumer Product Safety Act (CPSA), a children’s product means a consumer product designed or intended primarily for children 12 years of age or younger. The term "designed or intended primarily" applies to those consumer products mainly for children 12 years old or younger. Whether a product is a children’s product is determined by considering the four specified statutory factors. The examples discussed herein may also be illustrative in making such determinations. The term “for use” by children 12 years or younger generally means that children will physically interact with such products based on the reasonably foreseeable use and misuse of such product. Toys and articles that are subject to the small parts regulations at 16 CFR Part 1501 and ASTM F963, would logically fall within the definition of children’s product since they are intended for children 12 years of age or younger. Toys and other articles intended for children up to 96 months (8 years old) that are subject to the requirements at 16 CFR 1500.48 through 1500.49 and 16 CFR 1500.50 through 1500.53, and ASTM F963 would similarly fall within the definition of children’s products given their age grading for these other regulations. Therefore, a manufacturer could reasonably conclude on the basis of the age grading for these other regulations that it must comply with all requirements applicable to children’s products including, but not limited to, those under the Federal Hazardous Substances Act, ASTM F963, "Standard Consumer Safety Specification for Toy Safety," and the Consumer Product Safety Improvement Act of 2008."  CBP is announcing changes to the Harmonized Tariff Schedule of the United States (HTSUS) by the Manufacturing Enhancement of 2010.
BACKGROUND: The Manufacturing Enhancement Act of 2010, which was signed into law on August 11, 2010, sets forth changes to subchapter II, chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS), as amended. Goods listed in Titles I, II, and III of the Manufacturing Enhancement Act of 2010, entered or withdrawn from warehouse for consumption, on or after August 26, 2010 are afforded the duty suspensions or reductions listed in the Manufacturing Enhancement Act of 2010. Title I of the Manufacturing Enhancement Act of 2010, added new duty suspensions and reductions to subchapter II, chapter 99 of the HTSUS. Titles II and III of the Manufacturing Enhancement Act of 2010, pertain to either existing duty suspensions and reductions or additional existing duty suspensions and reductions to subchapter II, chapter 99 of the HTSUS. ACTION:
Goods listed in Titles II and III of the Manufacturing Enhancement Act of 2010, are provided retroactive benefits for merchandise entered or withdrawn from warehouse, on or after January 1, 2010 and before August 26, 2010. Notwithstanding section 514 of the Tariff Act of 1930, any other provision of law, US Customs and Border Protection (CBP) shall liquidate or reliquidate articles listed in Titles II and III in accordance with the Manufacturing Enhancement Act of 2010 upon a formal request filed with CBP. Liquidation or reliquidation will occur only if the request is filed with CBP within 180 days after the enactment of the Manufacturing Enhancement Act of 2010. The request must contain sufficient information to enable CBP to locate the entry or request a reconstructed entry if it cannot be located. The request must be made at the port of entry. Any payment of amounts owed by the Government pursuant to liquidation or reliquidation of an entry shall be paid without interest, not later than 90 days from the date of the liquidation or reliquidation. CBP is in the process of updating the Automated Commercial System (ACS) to reflect the provisions of the Act. And it is expected that these changes will be completed by the effective date.  The Pipeline and Hazardous Materials Safety Administration has issued a final rule that will, effective October 1, 2010, (with earlier voluntary compliance)1, amend certain packaging requirements in the Hazardous Materials Regulations to enhance compliance flexibility, improve clarity, and reduce regulatory burdens. The following are highlights of the final rule: Large Packaging Requirements Effective October 1, 2010, the final rule will make the following amendments with respect to large packaging requirements (partial list): Incorporates UN requirements. The final rule will incorporate certain United Nations requirements2 for large packagings, by, among other things, adding new subparts P and Q to 49 CFR Part 178 that specify design, construction, and testing requirements for large packagings. PHMSA explained that adding these requirements into the HMR provides additional flexibility and effectively removes the need to apply for an approval to manufacture and use these packagings in the U.S. Authorization. 49 CFR 172.101 Hazardous Materials Table entries will be revised to authorize the use of large packagings for certain explosives, and revise packaging requirements for “Azodicarbonamide” and “Isosorbide-5-mononitrate.” Special provisions. 49 CFR 172.102(c)(4) will be revised to include special provisions for Large Packagings, which specify that Large Packagings are authorized when a table entry specifies Special Provision IB3 or IB8. Revised Definitions for Bulk Packaging, Large Packaging The definitions for “Bulk packaging” and “Large packaging” will be revised to allow intermediate forms of containment and add a definition for “Strong outer packaging” for consistency and clarity when shipping in non-specification packaging. Revision of Shipper Responsibilities The shipper's responsibilities in 49 CFR 173.22(a)(4) will be revised to include a requirement to maintain a copy of the manufacturer's notification, including closure instructions, unless permanently embossed or printed on the packaging. When applicable, a person must also maintain a copy of any supporting documentation for an equivalent level of performance under the selective testing variation in 49 CFR 178.601(g)(1). Stenciling of UN Symbol The final rule will permit the stenciling of the UN symbol on specification packaging. Authorizes Transport of Bromine in Cargo Tanks The final rule will also authorize the transportation of bromine residue in cargo tanks. 1Compliance with the final rule requirements was authorized as of March 4, 2010. 2UN Recommendations on the Transport of Dangerous Goods, Thirteenth Revised Edition (2003); Chapter 6.6 Requirements for the Construction and Testing of Large Packagings.
Canada to Begin Collecting 10% Softwood Lumber Duties Sept 1 - Broker Power Inc.
Canada's Gazette has published an order stating an additional 10% charge on the export of softwood lumber products originating in Ontario, Quebec, Manitoba or Saskatchewan will begin on September 1, 2010.
(September 1, 2010 is the date that sections 99 to 102 of Canada’s Jobs and Economic Growth Act come into force, which amend the Softwood Lumber Products Export Charge Act of 2006 to provide for the additional charge from these regions.) U.S. to Cease Collection, Revenue to be Distributed to Canada Provinces The September 1 coming-into-force date immediately follows the date on which the U.S. agreed to cease collecting a 10% import duty on Canadian softwood lumber products imported from the above-mentioned regions. The U.S. Trade Representative and Canadian Minister of International Trade recently agreed to transfer to Canada collection of the duty that the U.S. currently imposes. Canada also noted that once it starts collecting the 10% additional duty, the revenue collected will stay in Canada and be distributed back to the four provinces.
Sandler Travis & Rosenberg PA
The International Trade Administration has announced that during the period Jan. 1 through March 31, 2010, it completed scope rulings concerning the antidumping and countervailing duty orders on the following products.
• Sparklers from China • Hand trucks from China • Lined paper products from China • Steel nails from China • Raw flexible magnets from China • Polyethylene terephthalate film from China In addition, requests for scope rulings and anti-circumvention determinations concerning the AD and CV duty orders on the following products were pending as of March 31. Scope Inquiries • Ball bearings and parts from Germany • Iron construction castings from China • Petroleum wax candles from China • Tapered roller bearings from China • Silicon metal from China • Cased pencils from China • Pure magnesium in granular form from China • Folding metal tables and chairs from China • Wooden bedroom furniture from China • Hand trucks from China • Artist canvas from China • Steel nails from China • Raw flexible magnets from China • Steel threaded rod from China • Kitchen appliance shelving and racks from China • Carbazole violet pigment 23 from India and China Anti-circumvention Rulings • Cut-to-length carbon steel from China • Tissue paper products from China • Uncovered innerspring units from China The International Trade Administration is revoking the antidumping duty order on polychloroprene rubber from Japan, pursuant to the final results of its five-year sunset review. Domestic Interested Parties Did Not Participate in Sunset Review The ITA states that domestic interested parties did not file a notice of intent to participate in this sunset review; therefore, it finds that no domestic interested party is participating in this sunset review. Suspension of Liquidation/Cash Deposits Terminated Effective Aug 4 The ITA is revoking the AD duty order effective August 4, 2010, and will issue instructions to U.S. Customs and Border Protection to terminate the suspension of liquidation and the collection of AD duty cash deposits on the merchandise subject to this finding1 with a time of entry on or after August 4, 2010. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and AD duty deposit requirements. ITA Will Complete Pending Reviews on Entries Prior to Aug 4 The ITA will also complete any pending administrative reviews and will conduct administrative reviews of subject merchandise with a time of entry prior to August 4, 2010, in response to appropriately filed requests of review. 1Imports covered by the finding are shipments of polychloroprene rubber, an oil resistant synthetic rubber also known as polymerized chlorobutadiene or neoprene, currently classifiable under HTS numbers 4002.41.00, 4002.49.00, 4003.00.00. (FR Pub 08/24/10, ITA Case No. A-588-046)
Five terminals raise handling fees 2 percent, add service charges
Five marine terminals in the Port of New York and New Jersey will raise some handling fees by 2 percent and impose new charges for early delivery of export containers and for improperly documented hazardous-materials exports. The changes, effective Oct. 1, were announced by the New York Terminal Conference, whose members are authorized to set common charges under Federal Maritime Commission authority. Fees will not change for demurrage rates, VACIS and government inspection, and labor rates for special services. The new schedule allows terminals to charge $125 per load for export cargo delivered to terminals ahead of schedule, in addition to the normal gate charge for early delivery. Terminals also will be permitted to charge a documentation fee of $50 per cargo unit for additional services required for hazmat exports that arrive with improper documentation. Terminal conference members are American Stevedoring, Global Terminal, New York Container Terminal, Port Newark Container Terminal and Universal Maritime (APM Terminals). Maher Terminals is not a conference member. |
