The Labor Department will not impose additional certification requirements for federal contractors that supply carpets from India, finding insufficient evidence that carpets from India are being produced by forced or indentured child labor, it said (here). “After a thorough review of the information available and comments received, the Departments [of Labor, State and Homeland Security] have determined that there is not sufficient evidence at this time establishing more than isolated incidents of forced or indentured child labor in the production of carpets in India,” DOL said. “With this final determination, the current [List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor] remains in place.”
The International Trade Commission published in the Federal Register Sept. 30 its interim final rule (see 1609270023) that details the processes for submitting applications for duty suspensions under a Miscellaneous Tariff Bill (here). The interim final rule implements provisions included in MTB process reform legislation signed earlier this year (see 1605200041). Comments on the new regulations are due Nov. 29.
The Fish and Wildlife Service on Sept. 29 issued a final rule (here) listing 10 animal species and 39 plant species from Hawaii, including the band-rumped storm-petrel, the orangeblack Hawaiian damselfly, the anchialine pool shrimp and seven yellow-faced bees, as endangered under the Endangered Species Act. FWS also listed the eastern massasauga rattlesnake, found in the Midwestern and Eastern U.S. and the Canadian province of Ontario, as threatened, in another final rule (here). New import and export restrictions set by the agency’s final rules take effect Oct. 31.
The Labor Department on Sept. 30 updated its List of Goods Produced by Child Labor or Forced Labor (here). The list now includes 139 goods from 75 countries, with the 2016 edition adding three new goods (pepper from Vietnam, potatoes from Lebanon, and silk cocoons from Uzbekistan) and two new countries (Costa Rica for cattle and coffee, and Sudan for gold), DOL said (here). The list does not directly affect CBP decisions to issue withhold release orders (WROs) banning imports of goods made from forced, child or prison labor, though CBP has said it may use the list for research and pointed to DOL reports as resources for importers to avoid being affected by the company-specific CBP forced labor import bans (see 1604220017). DOL also issued on Sept. 30 its 2015 Findings on the Worst Forms of Child Labor report (here), and is seeking comments on that report, as well as the forced labor goods list and a 2014 list of products produced by child labor, it said (here).
The National Highway Traffic Safety Administration set new procedures for obtaining exemptions from the vehicle theft prevention standard for vehicles equipped with immobilizers, in a final rule issued Sept. 29 (here). The agency is streamlining the exemption procedure for immobilizer-equipped vehicles by adding performance criteria that “closely follow” Canadian performance requirements, NHTSA said. “After this final rule, it would be sufficient for a manufacturer seeking the exemption of some of its vehicles to provide data showing that the device meets the performance criteria, as well as a statement that the device is durable and reliable,” it said. “Adopting these performance criteria for immobilizers bring[s] the U.S. anti-theft requirements more into line with those of Canada.” The final rule takes effect Nov. 28.
The Fish and Wildlife Service on Sept. 29 issued a final rule (here) listing the Big Pine partridge pea, wedge spurge and sand flax as endangered under the Endangered Species Act, and Blodgett's silverbush as threatened. All are plant species from South Florida. New import and export restrictions set by the agency’s final rule takes effect Oct. 31.
The Fish and Wildlife Service is banning imports of 10 species of fish and one species of crayfish (here). An FWS final rule that takes effect Oct. 31 adds the crucian carp (Carassius carassius), Eurasian minnow (Phoxinus phoxinus), Prussian carp (Carassius gibelio), roach (Rutilus rutilus), stone moroko (Pseudorasbora parva), Nile perch (Lates niloticus), Amur sleeper (Perccottus glenii), European perch (Perca fluviatilis), zander (Sander lucioperca) and wels catfish (Silurus glanis) to the agency’s list of injurious fish, and the crayfish species common yabby (Cherax destructor) to its list of injurious crustaceans. The listings will prohibit the importation of any live animal, gamete, viable egg or hybrid of these 10 fish and one crayfish into the U.S., except as specifically authorized, FWS said.
The Drug Enforcement Administration permanently placed three synthetic phenethylamines -- 25I-NBOMe, 25C-NBOMe and 25B-NBOMe -- into Schedule I of the Controlled Substances Act, in a final rule (here). Though the final rule takes effect Oct. 27, these substances were already temporarily listed in Schedule I and subject to registration, labeling, recordkeeping, and import and export requirements, the DEA said.
The Drug Enforcement Administration said it intends to temporarily add the synthetic opioid furanyl fentanyl to Schedule I of the Controlled Substances Act (here). DEA can issue a final order temporarily adding the substance after a period of 30 days passes. If issued, the final order will take effect immediately and will stay in effect for a maximum of three years, pending completion of a permanent scheduling order.
A proposal to change the rules of origin under the U.S.-Chile free trade agreement for artificial filament yarn would have only a marginal effect on total U.S. imports and exports, and U.S. industry, the International Trade Commission said in a report requested by the Office of the U.S. Trade Representative (here). Launched in June, the review vetted a proposed change agreed to by U.S. and Chilean negotiators to allow goods of subheadings 5408.22 and 5408.23 to qualify for preferences under the U.S.-Chile FTA after a change from certain headings under the same chapter (see 1606220009). Currently, goods under the subheadings only qualify with a change from another chapter. The proposed modification would allow the use of more non-originating rayon filament yarns, the ITC said in a statement. “Because U.S. imports from Chile are a small portion of total U.S imports of dyed and yarn-dyed woven fabrics, the likely effect on total U.S. imports of these products is negligible,” the ITC said. “Similarly, because the United States did not export any of these goods to Chile in 2015 and U.S. exports of these goods to Chile represented less than 1 percent of total U.S. exports in 2014, the likely effect of the proposed modification on total U.S. exports would be negligible.”