Trade and Customs Updates
China 301 – Notice of Product Exclusion Extensions
On May 15, 2023 the 81 China 301 exclusions provided to certain medical-care-products were due to expire. Under 88 FR 31580 the Unites States Trade Representative announced the extension of these 81 exclusions through May 31, 2023. In addition, as of June 1, 2023 only 77 of those exclusions would be
extended through September 30, 2023. This timeline aligns with the other 352 China 301 exclusions that were extended at the beginning of the year; these are currently provided for under provisional tariff 9903.88.67.
The additional extension of the 81 exclusions through the end of May is provided to allow a transition period for the trade. Currently these exclusions are provided for under provisional tariff 9903.88.66; however, the 77 exclusions extended will shift and be provided for under provisional tariff 9903.88.68.
The list of the 77 exclusions extended is provided for within the linked 88 FR 31580 provided above.
At the time this update was written, we are still pending further instruction from US Customs and Border Protection.
FDA Releases Draft Compliance Policy Guide on Major Food Allergen Labeling and Cross-Contact
The US Food and Drug Administration (FDA) has released a draft Compliance Policy Guide to provide guidance for FDA staff on the FDA’s enforcement policy regarding major food allergen labeling and cross-contact. The draft CPG more accurately reflects FDA’s thinking on major food allergen
enforcement policy based on the current regulatory framework and latest science.
Among the updates, the draft CPG describes the labeling requirements for major food allergens and the proper use of the ingredient list and the “Contains” statement for major food allergen declarations. It also describes requirements for firms to implement controls to prevent or significantly minimize allergen cross-contact. Further, the draft CPG describes additional allergen labeling violations. It also directs FDA staff to examine potential product adulteration due to allergen cross-contact as well as potential labeling violations. The updated CPG reflects the FDA’s risk-based and science-based approach for the evaluation of potential allergen violations.
The FDA is aware that some manufacturers are intentionally adding sesame to products that previously did not contain sesame and are labeling the products to indicate its presence. While the draft CPG does not specifically address the issue of industry adding sesame to products that did not previously contain it, the draft CPG does address the FDA’s enforcement policy for labeling and cross-contact controls for major food allergens, including sesame. The FDA is engaged with various stakeholders on this issue. The FDA recognizes that this practice may make it more difficult for sesame-allergic consumers to find foods that are safe for them to consume-an outcome that the FDA does not support.
To ensure that comments are received before work begins on the final version of the guidance, submit electronic or written comments within 60 days of publication in the Federal Register. Submit electronic comments to http://www.regulations.gov. All comments should be identified with the docket number FDA-2023-D-1103. Submit written comments to the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
Annual Review of Country Eligibility for Benefits Under the AGOA for Calendar Year 2024
In a Federal Register Notice published on 17 May 2023, the Office of the United States Trade Representative (USTR) is announcing the initiation of the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA).
The AGOA Implementation Subcommittee of the Trade Policy Staff Committee (AGOA Subcommittee) is requesting written public comments for this review and will conduct a virtual public hearing on this matter. In developing its recommendations for the President on AGOA country eligibility for the calendar year 2024, the AGOA Subcommittee will consider the written comments, written testimony, and oral testimony.
The deadline for submission of written comments, requests to testify, and written testimony, regarding the eligibility of countries to be designated as beneficiary sub-Saharan African countries is 07 Jul 2023 at 11:59 p.m. EDT.
The AGOA Subcommittee will convene a virtual public hearing to receive oral testimony related to sub-Saharan African countries’ eligibility for AGOA benefits via WebEx on 24 Jul 2023 at 10:00 a.m. EDT.
Trade and Customs Reminders & Events
FDA Webinars on Infant Food Formula
May 24 & June 7
The US Food and Drug Administration (FDA) will host webinars on Wednesday, 24 May 2023, and Wednesday, 07 June 2023, at 2pm ET, to provide stakeholders with information on regulatory requirements and considerations for infant formula ingredients and packaging.
NCSD June 2023 Webinars
Classification of Glass Containers: Heading 7010 and 7013 – June 8, 2023
Meat Products of Chapter 2 & 16 – June 20, 2023
Essential Oils, Perfumes, and Other Preparations of Chapter 33 – June 22, 2023