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Feb 16 2012 issue

Thursday, February 16, 2012
Sandler, Travis & Rosenberg Trade Report

Possible Additions to GSP Coverage to be Reviewed by ITC

The International Trade Commission received Feb. 14 a request to evaluate the potential economic effects of adding certain products to, or retaining certain products on, the list of goods eligible for duty-free treatment under the Generalized System of Preferences. The ITC report, which is due within 90 days, will examine the probable effects of such actions on U.S. industries producing like or directly competitive articles, U.S. imports and U.S. consumers. Any modifications that result from this review are expected to be announced on or before June 30 and to become effective on or before July 1.

Plastic Bags from All Beneficiaries. The interagency Trade Policy Staff Committee has accepted as part of its 2011 annual review of GSP a petition seeking to extend GSP eligibility to certain plastic bags classified under HTSUS 3923.2100 from all beneficiary countries.

Cotton Products from LDBDCs. The TPSC is also considering GSP eligibility for the following cotton products when imported from least-developed beneficiary developing countries.

HTSUS 5201.00.18 - cotton, not carded or combed, having a staple length under 28.575 mm (1-1/8 inches), n/harsh or rough, nesoi

HTSUS 5201.00.22 - cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, described in general note 15

HTSUS 5201.00.24 - cotton, not carded or combed, harsh or rough, staple length 29.36875 mm or more but n/o 34.925 mm, white in color, quota described in Chapter 52 Additional U.S. Note 6

HTSUS 5201.00.28 - cotton, not carded or combed, harsh or rough, staple length of 29.36875 mm or more but under 34.925 mm and white in color, nesoi

HTSUS 5201.00.34 - cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, other, quota described in Chapter 52 Additional U.S. Note 7

HTSUS 5201.00.38 - cotton, not carded or combed, staple length of 28.575 mm or more but under 34.925 mm, nesoi

HTSUS 5202.91.00 - cotton garnetted stock

HTSUS 5202.99.30 - cotton card strips made from cotton waste having staple length under 30.1625 mm & lap, sliver & roving waste, nesoi

HTSUS 5203.00.05 - cotton fibers, carded or combed, of cotton fiber processed but not spun, described in General Note 15

HTSUS 5203.00.10 - cotton fibers, carded or combed, of cotton fiber processed but not spun, quota described in Chapter 52 Additional U.S. Note 10

HTSUS 5203.00.30 - cotton fibers, carded or combed, of cotton fiber processed, but not spun, nesoi

HTSUS 5203.00.50 - cotton carded or combed, excluding fibers of cotton processed but not spun

Competitive Need Limitation Waivers. The ITC will also provide advice on the probable economic effect on U.S. imports and consumers, and whether any industry in the U.S. is likely to be adversely affected, of waiving the competitive need limitations (and thereby maintaining GSP eligibility) for the following products from the countries indicated.

HTSUS 1602.50.20 - prepared or preserved beef in airtight containers, other than corned beef, not containing cereals or vegetables (Argentina)

HTSUS 2840.19.00 - disodium tetraborate (refined borax), except anhydrous (Turkey)

HTSUS 292l.l9.60 - other acyclic monoamines and their derivatives (the Philippines)

HTSUS 2922.41.00 - lysine and its esters and salts thereof (Brazil)

HTSUS 3307.41.00 - "agarbatti" and other odoriferous preparations that operate by burning to perfume or deodorize rooms or used during religious rites (India)

HTSUS 4015.19.10 - seamless gloves of vulcanized rubber other than hard rubber, other than surgical or medical gloves (Thailand)

HTSUS 7606.12.30 – aluminum alloy, plates/sheets/strip, w/thick. 0/0.2mm, rectangular (including square), not clad (Indonesia)

HTSUS 8415.90.80 – parts for air conditioning machines, nesoi (Thailand)

HTSUS 8708.30.50 – parts and accessories of motor vehicles of heading 8701, nesoi, and 8702-8705, brakes and servo-brakes and parts thereof (India)

Input Sought for Updates to Child/Forced Labor Reports

The Department of Labor’s Bureau of International Labor Affairs is requesting information and/or comments no later than March 9 on certain documents regarding child labor and forced labor in foreign countries.

The Trafficking Victims Protection Reauthorization Act of 2005 directed ILAB to develop and make available to the public a list of goods from countries that it has reason to believe are produced by forced labor or child labor in violation of international standards. Pursuant to this mandate, in December 2007 ILAB published a set of procedural guidelines that it follows in developing and maintaining this list. ILAB released its initial list of goods in September 2009 and its latest update to that list (wti/wti.asp?pub=0&story=38158&date=&company=) was isssued in October 2011.

In January 2001 the DOL published pursuant to Executive Order 13126 (a) a list of products that it has a reasonable basis to believe might have been mined, produced or manufactured with forced or indentured child labor and (b) procedural guidelines for maintaining, reviewing and revising that list. The DOL last updated this list in May 2011 and the current list is available here ( Federal contractors who supply the products on this list must certify that they have made a good faith effort to determine whether forced or indentured child labor was used to mine, produce or manufacture them and that, on the basis of those efforts, they are unaware of any such use of child labor.

Finally, under the Trade and Development Act of 2000, one of the criteria for eligibility for trade benefits under the Generalized System of Preferences, the Caribbean Basin Trade Partnership Act, the African Growth and Opportunity Act and the Andean Trade Promotion and Drug Eradication Act is the beneficiary country’s implementation of its international commitments to eliminate the worst forms of child labor. The DOL evaluates this factor in an annual report, and the 2010 report is available here (

ILAB is now requesting comments on the 2011 TVPRA list, the current EO 13126 list and the DOL’s 2010 TDA report. Specifically, ILAB is seeking comments or information to update the findings and suggestions for government action for countries reviewed in the TDA report and to assess each country’s individual progress toward eliminating the worst forms of child labor. ILAB especially appreciates information on the nature and extent of child labor, forced labor, and forced or indentured child labor in the production of goods in foreign countries, as well as information on government, industry or third-party actions to address these issues for countries reviewed for the EO and TVPRA lists. DOL will generally consider sources with dates up to five years old (i.e., not older than Jan. 1, 2006).

Click here for DOL notice

Of Note: iPad Export Ban, Panama/Colombia FTAs, Textiles and Apparel, Brazil-China Tensions

Apple may face iPad export ban in China trademark row

Details remain before free trade accords with Panama, Colombia can go into effect

Tribunal asks Cambodian garment makers to hike wages

Hong Kong's changing role in the apparel industry

Brazil, China air trade differences

Export Regulations and Procedures Committee to Meet March 6

The Bureau of Industry and Security’s Regulations and Procedures Technical Advisory Committee will hold a partially open meeting March 6 in Washington, D.C. The open session will include an update on export enforcement, regulations and the Automated Export System as well as reports from the committee’s working groups. This session will be accessible via teleconference to 20 participants on a first come, first served basis, and requests to join the conference are due no later than Feb. 28. In addition, a limited number of seats will be available at the public session, but reservations are not accepted.

Click here for BIS notice

AD Notices: Power Transformers, Furfuryl Alcohol

Agency: ITA.
Commodity: Large power transformers.
Country: Korea.
Nature of Notice: Preliminary affirmative dumping determination, requirement for AD duty deposits at rates ranging from 21.79% to 38.07%, postponement of final determination for 60 days, and extension of provisional measures to not more than six months.

Agency: ITA.
Commodity: Furfuryl alcohol.
Country: China.
Nature of Notice: Continuation of AD duty order for another five years.
Details: Furfuryl alcohol is a primary alcohol and is colorless or pale yellow in appearance. It is used in the manufacture of resins and as a wetting agent and solvent for coating resins, nitrocellulose, cellulose acetate and other soluble dyes. The product subject to this order is classifiable under HTSUS 2932.13.00.

New IPR Infringement Investigation of TVs/Computer Monitors

The International Trade Commission has instituted investigation 337-TA-828 to determine whether imports of certain computer monitors and televisions are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The complainant requests that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the infringing products into the U.S., and a cease and desist order, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Taiwan and the U.S.

DOT Reports Actions on Special Permits Applications

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration has published a list of actions taken on applications for special permits for exceptions from the Hazardous Materials Regulations. Each entry on this list indicates the mode of transportation (motor vehicle, rail freight, cargo vessel, cargo aircraft or passenger-carrying aircraft) and the nature of the permit sought.

Click here for PHMSA notice

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