The FDA issued a final rule Sept. 25 that will set a 10-day deadline for submissions of prior notices for food shipments refused because of no prior notice or an inaccurate one, and a 30-day deadline for submissions of food facility registrations (FFR) for shipments held because a facility is unregistered. The changes take effect Oct. 27.
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the lists 3 and 4A Section 301 tariffs on China, finding them to be a valid exercise of authority under Section 307(a)(1)(C). CAFC Judges Todd Hughes and Alan Lourie, along with Eastern District of Texas Judge Rodney Gilstrap, sitting by designation, held that the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose."
Citing forced labor indicators, CBP has issued a withhold release order blocking imports of bicycles, bicycle parts and accessories from Taiwanese manufacturer Giant Manufacturing.
As the trade braces for a possible government shutdown amid the budget impasse in Congress, federal agencies are dusting off their contingency plans while the trade association representing customs brokers continues to offer suggestions about which activities are deemed essential for trade compliance.
The Commerce Department launched an investigation on Sept. 2 on the import of industrial machinery and robotics, and whether domestic producers should be protected in order to improve U.S. national security.
The Commerce Department revealed it started an investigation three weeks ago on the import of and supply chains for personal protective equipment, medical consumables, medical equipment and medical devices.
Tariff cuts for automobiles and auto parts take retroactive effect Aug. 1, said the Commerce Department and the Office of the U.S. Trade Representative in a notice implementing that and other parts of the recent U.S.-EU trade deal.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the D.C. Circuit on Sept. 23 set aside part of the Federal Maritime Commission's rule limiting the parties against whom "demurrage and detention" fees may be assessed. Judges Sri Srinivasan, Robert Wilkins and J. Michelle Childs held that the commission arbitrarily and capriciously exempted motor carriers from being assessed these fees, given the FMC's "stated rationale" to confine fees to parties who are in a "contractual relationship with the billing party."
CBP failed to explain its finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor, the Court of International Trade held on Sept. 23. Vacating and remanding the forced labor finding, Judge Timothy Reif said the agency failed to "articulate a satisfactory explanation for its action” based on a “rational connection between the facts found and the choice made" in violation of the Administrative Procedure Act's arbitrary and capricious standard.