The FCC on Dec. 17 sought comment on a petition by the Cargo Airline Association seeking a declaration that autodialed or prerecorded calls to a wireless telephone number for the purpose of notifying the recipient regarding delivery of a package are exempt from the Telephone Consumer Protection Act (TCPA). The American Bankers Association and the Consumer Bankers Association supported the petition. “Unfortunately, mobile package delivery notices are discouraged by the same threat that inhibits many other useful mobile communications: class-action lawsuits brought under the TCPA’s ‘autodialer rule,’ seeking uncapped statutory damages that can run into billions of dollars, that punish responsible businesses without providing any benefit to consumers,” the groups said (here).
CBP issued its weekly tariff rate quota and tariff preference level commodity report as of Dec. 23. This report includes TRQs on various products such as beef, sugar, dairy products, peanuts, cotton, cocoa products, and tobacco; and certain BFTA, DR-CAFTA, Israel FTA, JFTA, MFTA, OFTA, SFTA, UAFTA (AFTA) and UCFTA (Chile FTA) non-textile TRQs, etc. Each report also includes the AGOA, ATPDEA, BFTA, DR-CAFTA, CBTPA, Haitian HOPE, MFTA, NAFTA, OFTA, SFTA, and UCFTA TPLs and TRQs for qualifying textile articles and/or other articles; the TRQs on worsted wool fabrics, etc.
International Trade Today is providing readers with some of the top stories for Dec. 16-20 in case they were missed.
The FTC is proposing changes to its EnergyGuide TV labeling rule to bring its TV testing and reporting requirements in conformity with the new Department of Energy TV test procedure that takes effect April 23, the commission said Dec. 18 (here). Under the proposed changes, the FTC will replace references to Energy Star tests on the yellow EnergyGuide labels with references to the new DOE test procedure, it said. It’s also proposing a new reporting requirement "consistent with" most other EnergyGuide-labeled products, including refrigerators and washing machines, it said. Though TV makers have until April 23 to submit their energy data through DOE’s Web-based tool, the FTC is proposing not to require them to submit annual data reports to the commission for the EnergyGuide labels until May 1 of each year, it said. After the FTC reviews the new data under the DOE test procedure, "it will consider issuing updated comparability ranges" for EnergyGuide TV labels, it said. As before, the FTC will require each EnergyGuide label to bear the TV's brand name, model number, screen size, wattage consumed in various modes and kilowatt-hours per year consumed for each basic model in current production, it said. Comments on the proposed changes will be due 45 days after the rulemaking notice is published in the Federal Register, it said.
CBP issued the following releases on commercial trade and related issues:
Customs Rulings Online Search System (CROSS) was updated Dec. 20. The corresponding downloadable rulings are now available.
CBP issued a CSMS message announcing that in accordance with 19 CFR 142.21(i), it is issuing a "blanket" authorization to allow the release of most types of merchandise on or after Dec. 18 through Dec. 31 under Immediate Delivery (I.D.) procedures. Many entry filers make regular use of I.D. procedures for fresh fruits and vegetables and other merchandise from Mexico and Canada, etc.
CBP denied a further review of protest submitted by Item House, the importer, challenging a Port of Tacoma, Wash. classification of raincoats that were imported and liquidated in 2010. The company sought a further review of protest because "CBP has not determined whether a garment with the particular combination of features that the subject garment possesses is classified as an anorak or similar garment," said the agency. CBP found the coats were properly classified at liquidation as 6202.13.40 and maintains a 27.7 percent duty rate. The agency noted that while there may be some discrepancy between the relevant Informed Compliance Publication (ICP) and past rulings, the company should defer to the rulings.
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The Federal Maritime Commission released " an unofficial interpretation" of a Chinese document meant to clarify the effect of value added tax (VAT) policies on shipping companies. According to the interpretation, "the China Ministry of Finance (MOF) and the State Administration of Taxation (SAT) have now jointly agreed to exempt shipping transportation from their recently implemented VAT law." The clarification "removes the unequal tax treatment of foreign shipping companies," it said. The Chinese document (here) revises the VAT rules so that freight forwarders can again deduct international freight from their taxable income, said the FMC translation. "The FMC and State Department are continuing to consult with Chinese officials and industry stakeholders to understand the provisions of the Chinese language circular," said the FMC. Freight charges recently said to be subject to a new 6 percent tax after the expansion of China VAT raised red flags at the FMC and among shipping companies (see 13080111).