Protests in Hong Kong could cut off an escape route importers have been using to avoid Section 301 tariffs, according to a blog post by trade consultant David Trumbull. The 1992 Hong Kong Policy Act “gives Congress and the President, or the President alone by Executive Order, the power to suspend U.S. recognition of the separate Hong Kong Customs Territory if the U.S. determines that Mainland China has suppressed Hong Kong's autonomy,” Trumbull said. “The current tension in Hong Kong, with protesters saying that China is attempting to do just that could trigger President Trump to invoke the Hong Kong Policy Act and subject goods of Hong Kong origin to the Section 301 tariffs,” he said. “Companies relocating production from Mainland China to Hong Kong to avoid the Section 301 tariffs on China are getting the jitters” over concerns that the U.S. could use the law to end Hong Kong’s status as a separate customs territory from China, he said.
A final rule ending blanket restrictions on importation and exportation of species listed as threatened under the Endangered Species Act takes effect Sept. 26 (see 1908120020), according to a notice published Aug. 27 in the Federal Register. For species FWS lists as threatened on or after that date, import and export restrictions will not automatically apply, and FWS will have to issue a species-specific “Section 4(d)” rule to implement any restrictions on import, export and taking, FWS said in the final rule. Species already listed as threatened as of Sept. 26 still will be subject to the same restrictions as on importation and exportation of endangered species.
Bamboo flooring from Indonesia will not be considered for reinstatement of Generalized System of Preferences benefits in the International Trade Commission’s 2018 GSP Review, the ITC said in notice. According to the ITC, the U.S. trade representative removed assembled flooring panels of bamboo, other than for mosaic, multilayer, having a face ply more than 6 mm in thickness from Indonesia, provided for in subheading 4418.73.40 of the tariff schedule, from the list of articles being considered for redesignation in table C of the Annex to its request letter. The ITC began its review in June (see 1906090007). USTR calls the proceeding the 2019 GSP Annual Product Review (see 1906130039).
The Centers for Disease Control will hold a webcast Dec. 4 to “address import permit regulations for infectious biological agents, infectious substances, and vectors,” it said in a notice. “This webcast is an opportunity for all interested parties (e.g., academic institutions; biomedical centers; commercial manufacturing facilities; federal, state, and local laboratories, including clinical and diagnostic laboratories; research facilities; exhibition facilities; and educational facilities) to obtain specific guidance and information regarding import permit regulations,” CDC said. Registration for the webcast will be available on the CDC website, and is required by Nov. 22.
The Drug Enforcement Administration is proposing to remove 6-beta-naltrexol and its salts from schedule II of the Controlled Substances Act, it said in a proposed rule. DEA says the drug has no abuse potential. If the removal is finalized, DEA would eliminate “regulatory controls and administrative, civil, and criminal sanctions applicable to controlled substances, including those specific to schedule II controlled substances, on persons who handle (manufacture, distribute, reverse distribute, dispense, conduct research, import, export, or conduct chemical analysis) or propose to handle" 6-beta naltrexol, it said. Comments are due Sept. 20.
In a review of how the domestic industry has or has not been given breathing room to adjust to imports, the International Trade Commission says there has been some improvement in the financial performance of domestic washing machine producers, increased production and employment, and progress in implementing adjustment plans. Imports have declined, and Samsung and LG started production of washers in South Carolina and Tennessee, respectively, though they are having difficulties ramping up.
Humanity United and the Freedom Fund are seeking applicants for grants that will be used "to conduct on-the-ground investigations and evidence collection to link forced labor practices with specific U.S. imports," the groups said in a request for proposals released last month. The effort, called the Tariff Act Legal Fund, "aims to catalyze enforcement of the import ban by supporting civil society organisations to collect and submit evidence to CBP," the groups said. The legal fund will provide for grants of $25,000 to $40,000 to as many as five CSOs, the groups said. The CSO will be expected to file a formal forced labor petition with CBP at the end of the grant period, the RFP said. "While the fund does not focus on specific countries or industries," proposals should involve goods mentioned on the Labor Department's list on goods made with forced or child labor and should not already be the subject of a CBP withhold release order. Application forms are due Sept. 16.
The Drug Enforcement Administration will temporarily list the synthetic cathinones N-ethylhexedrone, α-PHP, 4-MEAP, MPHP, PV8, and 4-chloro-α-PVP in schedule I of the Controlled Substances Act, it said in a notice. The chemical will be subject to import and export restrictions for schedule I substances. The agency can temporarily list controlled substances for up to three years before a permanent listing is required.
The International Trade Commission posted a recent webinar on the Miscellaneous Tariff Bill petitioning process. The ITC said it will begin accepting the petitions no later than Oct. 15. The agency will open the portal for public comments once the 60-day window for petition submissions closes in December, it said. There will also be a special process for requesting a renewal for a duty suspension that was approved in the last MTB process. The ITC proposed some changes to the MTB petitions in March (see 1903130026).
The International Trade Commission recently issued Revision 6 to the Harmonized Tariff Schedule. Changes include the removal of Turkey from the Generalized System of Preferences program (see 1905170004), including its elimination from the list of GSP countries in General Note 4 and the removal of Turkish goods from the list of country-product pairs ineligible for GSP. The new version also removes Turkey from the lists in U.S. Notes 17 and 18 to Chapter 99 of developing countries exempt from safeguard duties on washing machines and solar cells. These changes took effect May 17. Effective May 20, the tariff schedule is amended to remove additional Section 232 tariffs on steel products from Turkey provided for in U.S. Note 16 to Chapter 99 and in subheading 9903.80.02, so that Turkey is now subject to the 25% tariff applicable to most other countries. Finally, Revision 6 includes changes to reflect the recently announced exemption of Mexico and Canada from Section 232 tariffs on steel and aluminum (see 1905170044), with modifications to U.S. Note 16 to Chapter 99 and subheadings 9903.80.01 and 9903.85.01 that took effect May 20.