C-AIR TIMES ISSUE #625 - Friday, April 10, 2020 07:35

Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Non-Refillable Steel Cylinders from China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I. Type of Action: Antidumping Duty (“AD”): China; Countervailing Duty (“CVD”): China

II. Product: The merchandise covered by these petitions is certain nonrefillable steel cylinders meeting the requirements of, or produced to meet the requirements of, U.S. Department of Transportation (“USDOT”) Specifications 39, Transport Canada Specification 39M, or United Nations pressure receptacle standard ISO 11118 and otherwise meeting the description provided below (“nonrefillable steel cylinders”). The subject non-refillable steel cylinders are portable and range from 300-cubic inch (4.9 liter) water capacity to 1,526-cubic inch (25 liter) water capacity. Subject non-refillable steel cylinders may be imported with or without a valve and/or pressure release device and may be filled or unfilled at the time of importation.

Specifically excluded are seamless non-refillable steel cylinders.

Also excluded from the scope of these petitions are non-refillable steel cylinders filled at the time of importation whose content is subject to another antidumping and/or countervailing duty order. At the time of filing this petition, there are existing antidumping duty orders on Hydrofluorocarbon Blends from the People’s Republic of China and 1,1,1,2-Tetrafluoroethane (R-1344) from the People’s Republic of China. See Hydrofluorocarbon Blends From the People’s Republic of China: Antidumping Duty Order, 81 Fed. Reg. 55,436 (Dep’t Commerce Aug 19, 2016); 1,1,1,2 Tetrafluoroethane (R-134a) from the People’s Republic of China: Antidumping Duty Order 82 Fed. Reg. 18,422 (Dep’t Commerce Apr. 19, 2017). In the case of non-refillable steel cylinders entering the United States filled with merchandise covered by the scope of these orders or future antidumping and/or countervailing duty orders covering the gas or material content of the non-refillable steel cylinders, such other orders control. In the case of non-refillable steel cylinders entering the United States filled with merchandise not covered by the scope of any other antidumping and/or countervailing duty order, the scope of this petition controls.

III. HTS classifications: The merchandise subject to these petitions is properly classified under statistical reporting numbers 731 1.00’0060 and 7311.00.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). The merchandise may also under HTSUS statistical reporting number 7310.29.0025. Although the HTSUS statistical reporting numbers are provided for convenience and customs purposes, the written description of the merchandise is dispositive.

IV. Date of Filing: March 27, 2020

V. Petitioners: Worthington Industries

VI. Foreign Producers/Exporters: Please contact our office for a list filed with the petition.

VII. US Importers named: Please contact our office for a list filed with the petition.

VIII. Alleged Dumping Margins (No CVD Margins Listed): China: 60.78%

IX. Comments:

A. Projected date of ITC Preliminary Conference: April 17, 2020.

B. The earliest theoretical date for retroactive suspension of liquidation for the AD is June 5, 2020; CVD is April 16, 2020. Please contact our office for a complete projected schedule for the AD/CVD investigations.

C. Volume and Value of Imports: Please contact our office for a summary of the data filed with the petition.

D. List of Alleged Subsidy Programs: Please contact our office for a list of alleged subsidy programs.

If you have questions regarding how this investigation may impact future imports of scope merchandise or whether a particular product is within the scope of the investigation, please contact one of our attorneys.

Federal Register Notices:

Commissioner Dye Leading FMC Initiative to Address Urgent COVID-19 Supply Chain Impacts (updated 4/3/20) - Federal Maritime Commission

The Federal Maritime Commission today issued an order authorizing Commissioner Rebecca Dye to identify operational solutions to cargo delivery system challenges related to Coronavirus-19.

The Order notes that “Recent global events have only highlighted the economic urgency of responsive port and terminal operations to the effectiveness of the United States international freight delivery system. Given the Commission’s mandate to ensure an efficient and economic transportation system for ocean commerce, the Commission has a clear and compelling responsibility to actively respond to current challenges impacting the global supply chain and the American economy. Accordingly, the Commission has determined there is a compelling need to convene new Supply Chain Innovation Teams to address these challenges.”

In addition to authorizing Commissioner Dye as the Investigating Officer for “Fact Finding No. 29 International Ocean Transportation Supply Chain Engagement”, the Order allows her to form one or more FMC Supply Chain Innovation Teams to support the efforts.

“The United States depends on reliable international ocean freight delivery to support the economic security of our country. The maritime supply chain extends upstream and downstream from the ports and closely located logistics centers to American exporters and importers and keeping the system functioning is a priority of national importance. This initiative is an effort by the Commission to do everything we can to eliminate pressing problems in the freight delivery system,” said Commissioner Dye.

Commissioner Dye will engage key executives to participate on the Innovation Teams. These industry leaders will represent all facets of the ocean cargo system including public port authorities, marine terminal operators, beneficial cargo owners, ocean transportation intermediaries, liner shipping companies, drayage trucking companies, longshore labor representatives, rail officials, and chassis providers.

Commissioner Dye will commence her work by interviewing port directors to determine what steps they can identify to mitigate critical supply chain challenges.

“Small and medium-sized shippers are especially affected by a lack of cargo storage space and are running out of options of where to send shipments once offloaded and I applaud this contribution. The Northwest Seaport Alliance has identified sites in their complex that can be used to stage cargo and containers off terminals. I applaud their initiative. We are calling on everyone engaged in moving ocean cargo to do what they can in this effort,” said Commissioner Dye.

Individuals wishing to provide information to Commissioner Dye may do so by writing to ff29@fmc.gov.

Updated 4/3/2020 with the correct title for The Northwest Seaport Alliance

Pittsburgh CBP Seizes $150k in Counterfeit Designer Brand Charms from Hong Kong - U.S. Customs & Border Protection

PITTSBURGH – U.S. Customs and Border Protection (CBP) recently seized a shipment of 645 designer brand name charms in Pittsburgh that shipped from Hong Kong and was destined to an address in Pittsburgh. If authentic, the charms would have had a manufacturer’s suggested retail price of $150,150.

CBP officers conducted random express delivery parcel examinations March 2 and opened a parcel manifested as phone cases and accessories. The parcel contained 433 Chanel Charms, 173 Louis Vuitton Charms, 10 Fendi Charms, eight Michael Kors Charms, six Dior Charms, five Chloe Charms, three Gucci Charms, three Hermes Charms, two Tiffany and Co. Charms, and two Chanel waist Chains,

Due to officer expertise and quality of packaging, officers detained the charms and worked with CBP’s Consumer Products and Mass Merchandising Centers for Excellence and Expertise, the agency’s trade experts, to confirm the charms to be counterfeit.

Officers seized the shipment March 25.

“Customs and Border Protection officers remain committed to protecting the intellectual property rights of businesses while protecting consumers against potentially harmful counterfeit products,” said Kathleen Killian Schafer, CBP’s Acting Port Director for the Port of Pittsburgh. “Consumers should be aware that counterfeit goods pose a health and safety threat and should protect their families by purchasing safe, authentic goods from reputable vendors.”

CBP officers seized a smaller shipment of counterfeit charms in January that also arrived in an express delivery shipment.

CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights (IPR) enforcement program. Importation of counterfeit merchandise can cause significant revenue loss, damage the U.S. economy, and threaten the health and safety of the American people. On a typical day in 2019, CBP officers seized $4.3 million worth of products with Intellectual Property Rights violations. Learn more about what CBP did during "A Typical Day" in 2019.

CBP officers and Homeland Security Investigation (HSI) agents seized 27,599 shipments containing counterfeit goods in Fiscal Year (FY) 2019. The total estimated manufacturer’s suggested retail price (MSRP) of the seized goods, had they been genuine, increased to over $1.5 billion from nearly $1.4 billion in FY 2018. 

Additionally, HSI arrested 256 individuals, obtained 197 indictments, and received 157 convictions related to intellectual property crimes during FY 2019.

The People’s Republic of China remained the primary source economy for seized counterfeit and pirated goods, accounting for a total estimated MSRP value of over $1 billion or 66 percent of the estimated MSRP value of all IPR seizures. 

CBP's border security mission is led at ports of entry by CBP officers from the Office of Field Operations. Please visit CBP Ports of Entry to learn more about how CBP’s Office of Field Operations secures our nation’s borders. Learn more about CBP at www.CBP.gov.

Neal, Grassley Call on U.S. International Trade Commission to Identify Imported Goods Related to COVID-19 - Ways & Means Committee

WASHINGTON, DC – Today, Ways and Means Chairman Richard E. Neal (D-MA) and Senate Finance Committee Chairman Chuck Grassley (R-IA) called for an expedited investigation to identify the products that may be needed to respond to the COVID-19 pandemic. In a letter to U.S. International Trade Commission Chairman David Johanson, the lawmakers requested the Commission produce a report by April 30 detailing the tariff classifications and applicable rates of duty associated with the products to assist the Committees in their work to combat the coronavirus emergency.

“As we grapple with the challenges presented by the novel coronavirus, we are keenly aware that our challenges are being severely exacerbated by disruptions and deficiencies in our supply of equipment, inputs, and substances needed for treating and otherwise responding to the COVID-19 pandemic,” Neal and Grassley wrote. “We ask that the Commission provide a report to the Committees and the USTR that identifies imported goods related to the response to COVID-19, including their source countries, tariff classifications, and applicable rates of duty so as to assist the Committees and USTR in proposing or taking appropriate and responsive actions.”

Full text of the letter is available HERE.

Dulles CBP Officers have Processed over 14,000 COVID-19 Evacuees Returning to the U.S. since March 20 - U.S. Customs & Border Protection

STERLING, Va. – U.S. citizens and lawful permanent residents stranded overseas due to the coronavirus pandemic continue to trickle home to be with family, and Customs and Border Protection (CBP) officers at Washington Dulles International Airport continue to process their arrivals. Since March 20, CBP officers have processed more than 14,000 returning evacuees and flights are continuing.

The flights, coordinated by the U.S. Department of State and flown by commercial and charter airlines, arrived nearly every day at Dulles airport. In total, 60 flights will have landed 14,365 evacuees back in the United States during the past 25 days.

CBP worked with the Centers for Disease Control and Prevention to identify evacuees who arrived from countries subjected to Presidential proclamation in the event an enhanced health screening was required.

One of the challenges imposed by the immediacy of these evacuation flights was the submission of partial passenger information submitted to CBP by numerous information sources. CBP relies on advanced passenger information to ensure a traveler’s identity and to identify potential impostors to U.S. travel documents. Close coordination throughout the process between the State Department, CBP, CDC, participating airlines and other government and non-governmental partners minimized those concerns and ensured these US citizens could get home as quickly as possible.

Once on the ground, the CBP arrivals inspection process was safe, quick and efficient.

“These evacuation flights remain a monumental task involving a lot of moving parts working in unison to get these people home,” said Javier Cortes, CBP’s Acting Area Port Director for the Area Port of Washington D.C. “I’m proud of our Customs and Border Protection officers, the airport and charter airlines, and other Federal partners for their work – as always, they stepped up when there was a real need.”

The U.S. evacuees arrived on 60 flights from across the globe. Flights averaged about 239 passengers, with a high of 396 passengers who arrived from Qatar, and a low of six who arrived from the Azores. The following is an evacuee breakdown by continent:

26 flights from Africa with 6,667 passengers;
13 flights from South America with 3,398 passengers;
11 flights from Europe with 1,708 passengers;
10 flights from Asia with 2,592 passengers;
the most flights, 12, arrived from Peru evacuating 3,156 passengers.

CDC and health professionals were on site to conduct enhanced health screening for those subjected to screenings under Presidential proclamation. After the passengers completed their arrivals inspections, airlines arranged for flights to carry them the rest of the way home to be with family.