A Brazilian government official said that a U.S.-Brazil agreement that covers trade facilitation, best regulatory practices and anti-corruption chapters is in legal scrub, and that should be done by mid-October. “We hope to have them signed this month,” said Yana Dumaresq, assistant deputy minister for foreign trade and international affairs. Joseph Semsar, the lead negotiator from the Commerce Department on this agreement, said that the two administrations are aligned, and “this is a unique opportunity to get things done that seemed unattainable.”

The Drug Enforcement Administration permanently placed the synthetic opioid crotonyl fentanyl into Schedule I of the Controlled Substances Act, in a final rule. The substance had already been temporarily listed in Schedule I since 2018. The final rule takes effect Oct. 2, when it is scheduled for publication in the Federal Register.

A lead negotiator for the Trans-Pacific Partnership released a paper arguing that reentering the rebranded Comprehensive and Progressive Agreement for TPP is still the best way to deal with China's trade distorting practices, but her paper, and speakers on a Sept. 30 webinar, revealed the many barriers to reentry.

The Labor Department updated its “list of goods -- along with countries of origin -- that the Bureau of International Labor Affairs (ILAB) has reason to believe are produced by child labor or forced labor in violation of international standards,” it said in a notice released Oct. 1. The ILAB is required to maintain a list of such goods, which CBP often uses in investigations into the use of forced labor (see 2005200043). The 2020 edition adds six “new goods (gloves, rubber gloves, hair products, pome and stone fruits, sandstone, and tomato products)” and “two new countries (Venezuela and Zimbabwe) and one new area (Taiwan)” to the list, it said. “This edition also features the removal of cattle produced with child labor in Namibia” from the list. Separately, the ILAB also proposed to add bricks from Cambodia to its list of goods that require certification that no forced labor was used prior to federal government procurement of the product.

The International Trade Commission issued Revision 22 to the 2020 Harmonized Schedule on Sept. 22, implementing extensions to exclusions from List 3 and List 4 Section 301 tariffs that had been set to expire Sept. 20 (see 2009170037). The extended exclusions are to be filed under new subheadings 9903.88.58 and 9903.88.59, respectively. The ITC also made changes to an already extended exclusion, as directed by USTR in a notice issued Sept. 16 (see 2009150051). The ITC also made technical corrections to a General Note 11 provision on USMCA regional value content for passenger vehicles and light trucks, as well as a Chapter 98 note on the third-country fabric provision for the African Growth and Opportunity Act.

The Office of Foreign Assets Control announced new restrictions on U.S. imports of Cuban cigars and alcohol as part of a broader set of measures to increase Cuba sanctions. The restrictions, outlined in a final rule effective Sept. 24, will revise four import-related authorizations in OFAC’s Cuban Assets Control Regulations. The authorizations apply to imports in “accompanied baggage” for personal use; by non-U.S. citizens or residents “not in commercial quantities” and not for resale; in accompanied baggage by or on behalf of a Cuban national “who is present” in the U.S.; and as accompanied baggage of Cuban origin purchased in a third country for personal use. Importers will no longer be able to use the authorizations for Cuban alcohol and tobacco products without specific licenses.

The International Trade Commission recently issued Revision 21 to the 2020 Harmonized Tariff Schedule. This latest revision implements a cut to Section 232 quotas on Brazilian semi-finished steel that took effect Aug. 28 (see 2008310010), and changes to the U.S.-Singapore Free Trade Agreement rules of origin that had been part of the proclamation implementing USMCA at the end of July (see 2006300079). It also reflects extensions to List 4 Section 301 exclusions that had been set to expire Sept. 1 (see 2008310013), now filed under new tariff subheading 9903.88.57.

The Consumer Technology Association has “a keen interest” in keeping the market free of deceptive “Made in USA” (MUSA) marketing claims “about any aspect of the products and services that consumers use,” it said in comments posted Sept. 15 in docket FTC-2020-0056. A rule barring deceptive MUSA labels without first reassessing “consumer perception evidence is to put the cart before the horse,” the association said. The FTC hasn’t done a comprehensive consumer perception study since the 1990s, and “forging ahead” with the rules without new research “raises an impossible situation for many U.S. manufacturers,” CTA said: Some components, “at least in the short term, can only be made internationally,” it said. The rule also would be “counterproductive” to promoting and expanding American manufacturing. The FTC proposed rule would strengthen the agency’s authority to impose penalties for MUSA labeling violations and apply those rules to online advertising and marketing materials (see 2006230049)

The Federal Register is experiencing delays publishing complex agency rules due to the COVID-19 pandemic and an “unusually” large number of documents submitted this year, said Katerina Horska, legal affairs and policy director for the Office of the Federal Register. Horska said the Federal Register typically publishes rules within three days of receiving them, but some “can take more than a month.”

The Defense Department, the General Services Administration and the National Aeronautics and Space Administration on Sept. 14 issued a proposed rule to implement a recent executive order that increased preferences for domestically sourced goods in government procurement. As outlined in EO 13881, issued in July, the proposal would set a 95% domestic content requirement for iron and steel sourced by the government, and would increase from 50% to 55% the same threshold for all other goods. The proposal would also implement the EO’s directive to increase price preferences for domestic end products and construction material. Comments are due Nov. 13.