MEMO TO CLIENTS ISSUE 21-010 – October 4, 2021

USTR Extends Exclusions on Certain Covid-19 Pandemic Medical Care Products

The Office of the U.S. Trade Representative (USTR) issued a notice that would extend the current exclusions for certain medical care products needed to address the covid-19 pandemic.  These exclusions were scheduled to expire on September 30, 202l. That date has been extended for 45 days to November 14. The link to the notice can be found on the USTR website.

Second Forced Labor Branch Will Mean More Regions to be Reviewed

CBP has added a second forced labor investigation branch. A second branch will allow CBP to expand reviews to countries outside of Asia. This could lead to more enforcement actions. Asia will remain the priority, but this second branch is expected to also look at allegations coming from countries in Latin America, the Middle East and Africa.

New LACEY Act Phase VI Numbers are in Effect

The Lacey Act Phase VI additional HTS numbers have gone into effect. A Lacey Act declaration will be required for shipments with the below additional HTSUS numbers.

There are two exemptions to the pallets under HTS heading 4415.  Pallets that are used in a shipment to carry cargo are exempted from being declared as packaging with the goods. Used pallets that are not loaded with cargo must be declared but have an exemption code. 

The new HTSUS numbers are:

Ch. 33 Headings (Essential Oils) 3301295109—essential oils of cedarwood •3301295121—essential oils of linaloe or bois de rose                                           •3301295139—essential oils of sandalwood

Ch. 42 Headings (Trunks, Cases, Suitcases)

•4202292000—trunks, cases, and suitcases of wood                                              •4202992000—other, of wood, not lined

•4202993000—other, of wood, lined

Ch. 44 Headings (Wood and Articles of Wood)                                                    •441012—oriented strand board (OSB)  

•4415—cases, boxes, crates, drums, containers, pallets, box-pallets, etc.

Ch. 92 Headings (Musical Instruments)

•9205902000—wind musical instruments: bagpipes                                       •9205904020—clarinets             

•9205904080—other (woodwind instruments)                               

•9205904060—flutes and piccolos


•9207900040—musical instruments (fretted string instruments)                            

•9209.92—parts and accessories for musical instruments of heading 9202    •9209992000—parts and accessories for bagpipes                                        •9209994040—parts and accessories for other woodwind instruments    •9209998000—other

Ch. 96 Headings (Miscellaneous Manufactured Articles)             

•9620005500—monopods, bipods, tripods, and similar articles of wood

For more information, visit the APHIS Lacey Act website.

Mexico to Use eCERT for Textiles and Apparel Under TPL’s

Imports of Mexican textiles and apparel from Mexico that qualify for duty preferences under Tariff Preferential Levels (TPL’s) are now required to have the certificate for the TPL submitted electronically through the eCert process that is part of U.S.-Mexico-Canada Agreement (USMCA) and as per the Sept. 30 Federal Register Notice (FRN) that can be found by clicking here.

The instructions on the eCert are included in the FRN. If you have any questions about TPL’s you can contact Anita Harris, Chief, Textile Policy Branch, Trade Policy and Programs at (202) 604-2151 or you can send a message to vog.shd.pbcnull@fne_ycilop_elitxetto

U.S. Trade Representative Issued a Fact Sheet on China Trade Policy

The Office of the U.S. Trade Representative (USTR) has published a fact sheet to lay out the Biden Administration’s trade policy with China that is the culmination of the administration’s top-to-bottom review that has been on-going for the past several months. 

The United States would like China to live up to the commitments it made in the Phase One agreement and to stop doing the things the U.S. finds objectionable. The United States will engage with China on these issues but will also seek to hold China to account through enforcement actions.

The United States will seek to strengthen its position by investing heavily in U.S. manufacturing, R&D, etc. (i.e., “Build Back Better”) and by working with allies to develop new rules for fair trade in the 21st century. The fact sheet includes 4 initial actions to be taken:

(1) Engage China about living up to their commitments under the Phase One agreement that do benefit American industries

(2) Restart a Section 301 product exclusion process

(3) Engage with China on issues not addressed in the Phase One agreement such as subsidies and other state-centered, non-market practices and predatory practices.

(4) Work and consult with allies to shape the rules for fair trade in the 21st century for all parties.

The Fact Sheet can be found on the USTR’s website.