Notice of Modification: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation

Notice of Modification: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation

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A Notice by the Trade Representative, Office of United States on 09/18/2024

In connection with the Four-Year Review of actions taken in the section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation, and in accordance with the specific direction of the President, the U.S. Trade Representative has determined to: modify the actions being taken in the investigation by imposing additional section 301 duties or increasing the rate of existing section 301 duties, on certain products of China in strategic sectors; propose increasing tariff rates for certain tungsten products, wafers, and polysilicon, with a public comment process to be set out via separate notice; provide a list of subheadings eligible for consideration of temporary exclusion under an exclusion process for certain machinery used in domestic manufacturing; and modify the actions to temporarily exclude from section 301 duties certain solar manufacturing equipment.

https://www.federalregister.gov/documents/2024/09/18/2024-21217/notice-of-modification-chinas-acts-policies-and-practices-related-to-technology-transfer 

Enforcement Against Vague Cargo Descriptions Pushed Back until November 12, 2024

Enforcement Against Vague Cargo Descriptions Pushed Back until November 12, 2024

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Examples of Unacceptable vs Acceptable Cargo Descriptions

A precise cargo description is a description of an item that is clear and concise. The description should be in plain language and detailed enough to allow U.S. Customs and Border Protection to identify the size, shape and characteristics of the commodity. Only the cargo description should be included in this field of the transmission. Superfluous information, not relevant to the commodity description e.g., personally identifiable information (PII), type of packaging, carrier disclaimers, etc., should not be transmitted in the commodity description field.

The following list, provided by CBP, is a guide to acceptable and unacceptable descriptions. This list is not exhaustive and will continue to expand as unacceptable descriptions are identified and acceptable descriptions are further refined. Descriptions in the Acceptable column should be viewed only as examples of the items they actually describe and not as a list of specifically acceptable or restrictive terms.

https://www.cbp.gov/sites/default/files/2024-07/acceptable-cargo-desc-508c-05.16_0.pdf 

Montreal Port Strike Has Ended

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10/3/24 Update: Montreal Port Strike Has Ended

A three-day strike by unionized Montreal port workers that shut down two container traffic terminals ended early on October 3rd, announced the Montreal Port Authority. The partial strike affected the  Viau and Maisonneuve terminals, which account for about 40% of the port’s container traffic. Talks between the employer and union remain in a deadlock over wages.

For more information, please visit: https://www.reuters.com/world/americas/montreal-port-says-strike-by-workers-is-over-clients-can-expect-delays-2024-10-03/

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NMFC Changes Effective November 30, 2024

NMFC Changes Effective November 30, 2024

NMFC Freight ClassificationThis notice reflects proposed amendments discussed by the Freight Classification Development Council (FCDC) at the public meeting on September 30, 2024, and the action of the FCDC on each proposal.

Amendments resulting from the dispositions herein will be published in a supplement to the National Motor Freight Classification® (NMFC®) that is scheduled to be issued on October 31, 2024, with an effective date of November 30, 2024. ClassIT® will be automatically updated on November 30, 2024.

Subject 1 – Organic Peroxides

The proposal to change #45463 – Organic Peroxides was disapproved. Therefore no changes.

Subject 2 – Candy –

Various items applying on candy and other related commodities are canceled with reference to a new item, which, as modified, provides classes based on density breaks at 10 and 15 pcf, with a one-class adjustment from density guidelines to reflect the identified negative handling, stowability, and liability issues. The “viz.” listing in item 73260 is amended, as shown, as is Note, item 73262. Note, item 39921 is canceled with reference to new Note, item 40101, and multiple other Notes are canceled with no further application. As modified, Note, item D-NEW is be established.

Subject 3 – internal combustion engines

As modified, items 120790 and 120800 are canceled with reference to new item 120850, naming “Engines, internal combustion, NOI,” which provides classes predicated on packaging and density, with breaks at 8, 12, and 15 pcf. Notes, items 120791, 120801 and 120804 are canceled with no further application, and, as modified, Notes, items 120803, 120805 and 120806 are canceled and reestablished attendant to item 120850.

Subject 4 – Countertops and tabletops

Item 88580 is canceled with reference to new item 79270, naming “Countertops or Tabletops, NOI,” which provides classes predicated on greatest dimension and density, with a single break at 12 pcf. Note, item 90503 is amended, and item 90500 is updated accordingly. New Note, item 79271 is established attendant to item 79270, and, as modified, Note, item 79271 is referenced in item 79270. Note, item 90506 is canceled with no further application, as is Package 94F.

Subject 5 – Thermos bottles

As modified, item 28660 is canceled with reference to new item 28670, naming “Bottles, Cups or Tumblers, insulated, or Jacketed Vacuum Bottles (Thermos Bottles),” which provides the FCDC’s standard 11-subprovision density scale. Additionally, Note, item 28661 is canceled with no further application.

Subject 6 – Item 63160 Switches, Switch boxes, etc. . .

Item 63160 is amended to include, “Surge Arresters, Protectors or Suppressors” in the “viz.”

Subject 7 – Item 108520 – Kits or Sets, visual teaching or visual management aid

Item 108520 is amended to include the term “Simulators.” Concurrently, Note, item 108522, is canceled with no further application.

Subject 8 – Pipe bending or metal bending machines

: Items 126680 and 126720 are canceled with reference to item 133300 to address interpretive concerns.

Preparing for a Potential East and Gulf Coast Ports Strike

Preparing for a Potential East and Gulf Coast Ports Strike

East and Gulf Ports MapAs widely reported, if workers at East and Gulf Coast ports strike on Oct. 1, manufacturing supply chains throughout the U.S. will be severely impacted. The National Association of Manufacturers (NAM) published a very insightful, interactive map of the ports that will be potentially impacted and some interesting import/export facts for many of them. Check it out here:

https://nam.org/mapping-the-impact-of-a-port-strike-32072

According to NAM, here some key data points:

  • More than 68% of all containerized exports and more than 56% of containerized imports flow through East and Gulf Coast ports, representing an average daily trade value of more than $2.1 billion.
  • They handle more than 91% of containerized imports and 69% of containerized exports of pharmaceutical products.
  • They also process more than 76% of containerized vehicle exports and more than 54% of containerized vehicle imports.
  • For air and spacecraft, more than 77% of containerized exports and more than 51% of containerized imports go through these ports.

To prepare for a potential labor strike by the International Longshoremen’s Association (ILA) on the Gulf Coast and East Coast, importers and exporters can consider several contingency plans:

  • Reroute Cargo: Explore alternative shipping routes. Ports on the U.S. West Coast, Canada, and Mexico can serve as viable alternatives. For example, cargo can be diverted to ports like Los Angeles, Long Beach, or Vancouver.
  • Multi-Coastal Transportation Network: Establish a network that includes multiple coastal gateways. This can involve setting up transload operations or smaller volume operations that can be scaled up if needed.
  • Extended Gate Hours: Take advantage of ports extending their gate hours to process as much cargo as possible before any potential strike. Ports like New York, New Jersey, and Savannah are offering extended weekend hours.
  • Airfreight Options: For time-sensitive shipments, consider using airfreight, although it comes at a higher cost and with capacity concerns.
  • Communication with Ports and Carriers: Stay in close contact with ports and carriers for the latest updates and advisories. Many ports are sharing daily updates about their contingency plans.
  • Inventory Management: Increase inventory levels of critical goods to buffer against potential delays. This is especially important for industries relying on just-in-time inventory models.
  • Legal and Contractual Preparations: Review contracts and legal agreements to understand the implications of delays and disruptions. Ensure there are clauses that cover force majeure events like strikes.

Working with an experienced capable freight forwarder, like Logistics Plus, importers and exporters can implement the above strategies and better navigate the potential disruptions caused by a labor strike.

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