The International Trade Commission recently issued Revision 10 to the Harmonized Tariff Schedule, implementing Section 301 tariffs on a second set of goods from China effective Aug. 23, and making related changes that also affect the first tranche. New subheading 9903.88.02 is created for the new set of goods, with goods in the first tariff list that took effect July 6 still classifiable in subheading 9903.88.01 (see 1808210031). A list of goods subject to the new tariffs is added in U.S. Note 20(d) to Subchapter II of Chapter 99, while provisions on how the tariffs are to be applied are added at U.S. Note 20(c). The list of goods subject to the first round of tariffs at U.S. Note 20(b) is modified to correct a technical error. Provisions at U.S. Note 20(a) on how those tariffs are to be applied are modified to reflect the end of a total exemption from the Section 301 tariffs on U.S. goods returned after repair or alteration, processing or assembly (see 1808160049). All changes included in Revision 10 take effect Aug. 23.
A top DOJ lawyer doesn't think trade disputes between countries are affecting foreign nations' antitrust enforcement actions. But "there may be one or two examples on the margins that I can’t talk about," said Deputy Assistant Attorney General-International Affairs Roger Alford at a Technology Policy Institute conference in Aspen. George Mason University Global Antitrust Institute Executive Director Joshua Wright, a former commissioner on the Federal Trade Commission, hopes Alford is correct about no interference. The FTC should continue to "keep trade out of this stuff so we can speak bilaterally with the 130 agencies around the world" that also deal with antitrust, he said of his old agency. "When one of those agencies has a substantial deviation" from norms, rely not on trade sanctions but "community sanctions," he recommended. "You rarely see U.S. agencies discussing substance of decisions with foreign nations." When a case gets differing rulings from agencies in various countries, he thinks U.S. antitrust enforcers could make public some results. "Show people and the deviation will speak for itself, and you let people decide how to interpret the evidence," Wright continued. "It has a salutary international impact."
The International Trade Commission recently issued Revision 9 to the Harmonized Tariff Schedule. Changes from the previous version implement the increase in Section 232 tariffs on iron and steel products from Turkey up from 25 to 50 percent, effective Aug. 13. Among other things, new subheading 9903.80.02 is added specifically for Turkish iron and steel products, with iron and steel products from other countries subject to the original 25 percent tariff still classifiable in subheading 9903.80.01. U.S. Note 16 to Subchapter III of Chapter 99 is also modified to implement the increase. The updated tariff schedule also includes technical corrections to provisions in U.S. Note 18 to Subchapter III of Chapter 99 implementing Section 201 safeguard duties on solar cells. The corrections take effect beginning July 30.
The Drug Enforcement Administration is setting 2019 quotas for the manufacture and importation of controlled substances in schedules I and II of the Controlled Substances Act, it said in a notice. Substances not listed in the table included in DEA's notice will have a quota of zero. DEA is also setting quotas for the Schedule I chemicals ephedrine, phenylpropanolamine and pseudoephedrine.
The International Trade Commission recently posted Revision 8 to the Harmonized Tariff Schedule. All changes implement the removal of eligibility for African Growth and Opportunity Act benefits for Rwandan apparel. Special provisions for AGOA apparel benefits under subheadings 9819.11.03 through 9819.15.42 are amended so they now apply to all AGOA beneficiary countries “except the Republic of Rwanda.” U.S. Note 2(d) to Subchapter XIX of Chapter 98, which covers classification in one of those subheadings, 9819.11.12, is also amended to remove Rwanda from the list of eligible countries in that note. The removal of AGOA apparel benefits was imposed in response to Rwanda’s ban on imports of used clothing (see 1803290034). These tariff schedule changes took effect July 31.
The Fish and Wildlife Service on Aug. 13 issued a final rule listing the hyacinth macaw (Anodorhynchus hyacinthinus), a bird species found mostly in Brazil but also some in Bolivia and Paraguay, as threatened under the Endangered Species Act. The final rule includes a special “4(d)” rule that allows for importation and exportation without a permit if the specimen was either held in captivity prior the date the hyacinth macaw was listed, or is a captive-bred specimen, as long as the exportation of the specimen is authorized under the Convention on International Trade in Endangered Species (CITES) and the Wild Bird Conservation Act (WBCA). Otherwise, import and export restrictions set by the final rule take effect Sept. 12.
The Federal Communications Commission Enforcement Bureau is starting to clamp down on the distribution of noncompliant Asian radios. “I’ve heard from multiple parties that some equipment entering the United States is either fraudulently displaying the FCC logo, improperly displaying our logo, or simply not in compliance with our radiofrequency emission and interference rules,” FCC Commissioner Mike O’Rielly said on Aug. 3. “While it’s a difficult problem, I trust the Enforcement Bureau is looking into all of these situations. I have had a particular interest in looking into this issue as it relates to set-top boxes, and it is my hope that the agency can take action here, and elsewhere, in the very near future.” He had asked Amazon and eBay for help with the issue (see 1805290027). Last week, the bureau issued a citation and order against Amcrest Industries for marketing a handheld radio that allegedly doesn’t comply with rules.
The Fish and Wildlife Service issued a final rule listing five tarantula species from Sri Lanka -- Poecilotheria fasciata, P. ornata, P. smithi, P. subfusca, and P. vittata -- as endangered under the Endangered Species Act. New import and export restrictions set by the agency’s final rule take effect Aug. 30.
The Fish and Wildlife Service on July 25 issued a proposed rule to remove blanket restrictions on importation and exportation of species listed as threatened under the Endangered Species Act. Under the proposal, current regulations extending ESA Section 9 restrictions on import, export and taking of endangered wildlife so that they also apply to threatened species would be amended so that they only affect species already listed as threatened by the effective date of any final rule. Going forward, for species listed as threatened after the change becomes effective, import and export restrictions would not automatically apply and FWS would have to issue a species-specific “Section 4(d)” rule to implement endangered species restrictions on import, export and taking.
The departments of State, Treasury and Homeland Security jointly issued an advisory about the ban on goods made by North Korean nationals, the Office of Foreign Assets Control announced on July 23. The guidance is meant to "highlight the sanctions evasion tactics used by North Korea that could expose businesses -- including manufacturers, buyers, and service providers -- to sanctions compliance risks," it said. "Businesses should be aware of deceptive practices employed by North Korea in order to implement effective due diligence policies, procedures, and internal controls to ensure compliance with applicable legal requirements across their entire supply chains." The advisory also provides information on the industries and countries known to have used North Korean labor. The use of North Korean labor is considered to be forced labor under the Countering America’s Adversaries Through Sanctions Act (see 1711070046). DHS released some frequently asked questions in late March on CAATSA enforcement (see 1804020018).