MEMO TO CLIENTS ISSUE 20-003 – April 16, 2020

FTC Proposes to Require Energy Labeling on Portable Air Conditioners The Federal Trade Commission (FTC) has published a proposed rule to require new EnergyGuide yellow labels on portable air conditioners. It would also require sellers to post label information to their catalogs and websites. Portable air conditioners are defined as “a portable encased assembly, other than a packaged terminal air conditioner, room air conditioner, or dehumidifier, that delivers cooled, conditioned air to an enclosed space, and is powered by singlephase electric current. It includes a source of refrigeration and may include additional means for air circulation and heating.” Comments on the new requirements can be filed on or before June 9, 2020. The proposed rule was published in a Federal Register Notice that can be found by clicking here

China 301 Exclusions Expire After One Year We want to remind everyone that the exclusions that have been granted to China 301 duties expire one year from the date it was issued. Requests to extend the exclusions can be submitted to the U.S. Trade Representative (USTR) by anyone affected by the expiring exclusion and not just the original applicant. The USTR sends out announcements in a Federal Register Notice (FRN) when a list of exclusions is facing an expiration. We include information on such notices when these are listed and will continue to do so. Each FRN notice from the USTR includes instructions on how to file a request for the extension. There is currently an FRN open for comments for the extension of the list of exclusions from List 1 that was issued on June 4, 2019. The FRN can be found by clicking here Comments are due by April 30, 2020

Department of Agriculture – APHIS Announces Additional HTSUS Numbers to be Added to Lacey ACT Requirements The Animal and Plant Health Inspection Services (APHIS) has announced plans for a new phase to add 20 HTSUS numbers to the items that currently require Lacey Act filings. They include (3) classifications for essential oils from certain wood found under HTSUS subheading 3301.29; (3) classifications for wood trunks, cases and suitcases under subheadings 4202.29 and 4202.99; (2) classifications under wood articles in subheading 4410.12 and heading 4415 for cases boxes found in Chapter 92 drums and pallets; (9) classifications in Chapter for various musical instruments; and (1) classification under HTSUS 9620.00.5500 for bipods, tripods and similar articles of wood. These classifications are under review to be added to the list of items that will require Lacey Act declarations later in 2020. Comments will be accepted up until June 1, 2020. Please take a look at HTSUS heading 4415 that includes packing cases and pallets. We will ask if this includes shipping materials supplied by transportation companies and if the importer will be required to file a declaration for it. A copy of the Federal Register Notice can be found by clicking here

CBP has Issued a Save the Date for the 2020 CBP Trade Symposium U.S. Customs and Border Protection’s Office of Trade Relations has issued a notice that the Trade Symposium will take place in Anaheim, CA. The new dates will be August 25 and 26 and it will be held at the Hilton Anaheim. This is a save the date notice only. CBP has not yet announced their room block rate for booking purposes. The notice can be found by clicking here