MEMO TO CLIENTS ISSUE 23-020-OCTOBER 17, 2023

PierPass will Increase Its Fees

This month the West Coast Marine Terminal Operators Agreement (WCMTOA) announced that there be an increase in the Traffic Mitigation Fee (TMF) at the Ports of Los Angeles and Long Beach. The TMF is collected through PierPass.   The fee will be increased by 4% to $35.37 per 20-foot equivalent container (TEU) and to $71.14 per 40-foot container (FEU).  This raise in the rates matches wage and assessment rates that were recently ratified in the long-awaited coastwise contract between International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association.

New Investigation for Antidumping and Countervailing Duties for Aluminum Extrusions

A petition has been filed with the International Trade Commission claiming that aluminum extrusions from 14 countries are being sold at unfair prices.  The counties involved in the investigation request are Columbia, Dominican Republic, Ecuador, India, Indonesia, Italy, Malayasia, Mexico, South Korea, Taiwan, Thailand, Turkey, the Unite Arab Emirates, and Vietnam.  The proposed scope of the petition includes more than the scope of the current antidumping and countervailing (AD/CVD) for China. It is anticipated that if the AD/CVD petition is acted on, the additional requirements would be added to the China AD/CVD.  The full scope and descriptions  of the petition are included  in the ITC Foreign Producers’/Exporters’ Questionnaire that can be found at: Import injury Investigations | United States International Trade Commission (usitc.gov) and look at 701-695. Importers of aluminum should look at the scope to see if they might be affected.  The petition is only proposed, and hearings will be held to determine if the AD/CVD will be put into effect.  We suggest that those companies that are members of any trade association ask what action their associations are taking.  We will follow this very closely and will send out notices as hearings are set up.

Medical Device Facilities Registrations are Due

Owners or operators of establishments that are involved in the production and/or distribution of medical devices that are intended for distribution in the United Staes must register annually with the Food and Drug Administration (FDA). These facilities include foreign and domestic contract manufacturers, specification developers, re-packers and labelers, and importers of medical devices.  The current renewal period is from October 1 through December 31. Renewals are mandatory regardless of when the registration occurred.  Failure to renew, update of cancel a registration could be cause for a lockout form the U.S. Market. Instructions on registration can be found at: Establishment Registration & Device Listing (fda.gov)

EPA Finalizing Instructions on Records of Import of PFAs

The Environmental Protection Agency (EPA) is finishing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFA’s). In accordance with the Toxic Substance Control Act (TSCA) that was amended in 2020. The Act requires that persons who manufacture and/or import PPAs or who have manufactured or imported PFAs in any year since January 1, 2020, must submit information regarding the PFAs uses, production volumes, exposures, byproducts, and any existing information. The EPA issued a very lengthy final rule in a Federal Register Notice (FRN) on October 11, 2023.   The rule goes into effect on November 13, 2023.  We wanted anyone who is importing or who has imported these chemicals to be aware of these new strict requirements. The FRN can be found at: 2023-22094.pdf (govinfo.gov)  We are reviewing the FRN, and it will take a while to finish it. We will try to get more details on the new requirements.