Neither importer Cyber Power Systems (USA) Inc. nor the U.S. succeeded in persuading the Court of International Trade that their side was right in a tiff over the country of origin for shipments of uninterruptible power supplies and a surge voltage protector. Judge Leo Gordon, in a Feb. 24 order, denied both parties' motions for judgment, ordering the litigants to pick dates on which to set up a trial.
The European Commission published a 69-page directive that is meant to be the foundation for European Union legislation requiring that large companies implement due diligence on environmental and social costs in their supply chains. The European Parliament and European Council will vote on the proposal, and if it is adopted, EU countries will have two years to write national laws to implement it.
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.
A flexible packaging material imported by Amcor Flexibles Kreuzlingen is classifiable as "other" backed aluminum foil, rather than aluminum foil decorated with a pattern or design, the Court of International Trade said in a Feb. 22 decision. Judge Gary Katzmann said that since the text on the foil is communicative text and not a pattern, Amcor's suggested alternative Harmonized Tariff Schedule subheading was the proper one, though he rejected the HTS heading most preferred by Amcor.
Inspections and imports of fresh avocado from Mexico have resumed, the Animal and Plant Health Inspection Service announced Feb. 18. The agency previously suspended avocado export program operations in the Mexican state of Michoacan, the only Mexican state currently authorized for the export of avocados, on Feb. 11 after a threatening phone call was received by an APHIS official conducting an inspection (see 2202140039).
Arent Fox lawyers said a disclosure bill aimed at large fashion retailers and manufacturers may not pass in the New York statehouse, but it's making lots of people in the industry nervous (see 2201200046). "Even if this bill doesn't pass, there's going to be others in the future," Angela Santos said.
The Coalition for Metal Manufacturers and Users is arguing that tariff rate quotas on raw materials "lead to market manipulations and allow for gaming of the system that puts this country’s smallest manufacturers at an even further disadvantage," and said "some steel products’ quota filled up for the year in the first two weeks of January."
CBP is requesting comments on new data elements meant to help with vetting members of the Customs-Trade Partnership Against Terrorism, it said in a notice. "Additional information is being collected based on CTPAT’s new vetting process as the prior vetting process was found to be insufficient in being able to identify violators," the agency said. "Not collecting this information would result in companies that are high risk for committing illegal activity to be allowed into, and continue to be part of, the CTPAT program." CBP’s National Targeting Center found the previous "vetting process to be ineffective in capturing high risk companies," resulting in such companies being "allowed to be CTPAT members and enjoy the many trade facilitation benefits of membership," it said.
Federal Maritime Commissioner Carl Bentzel says that audits have already led to investigations at the FMC, but that the agency is underpowered, with about 115 employees and just six investigators. He said there have been billions of dollars worth of detention and demurrage charges, and that the FMC will be issuing a notice of proposed rulemaking to create further guidance about proper detention and demurrage charges.
The U.S. had no legal standing to impose safeguard tariffs on Canadian solar panels, a USMCA panel ruled in January. The panel report was made public on Feb. 15.