Petitions for the Imposition of Antidumping and Countervailing Duties on Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand and Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): Korea, Taiwan, Thailand, and Vietnam; Countervailing Duty (“CVD”): Vietnam
II. Product: The scope of these investigations is passenger vehicle and light truck tires. Passenger vehicle and light truck tires are new pneumatic tires, of rubber, with a passenger vehicle or light truck size designation. Tires covered by these orders may be tube-type, tubeless, radial, or non-radial, and they may be intended for sale to original equipment manufacturers or the replacement market.
Subject tires have, at the time of importation, the symbol “DOT” on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Subject tires may also have the following prefixes or suffix in their tire size designation, which also appears on the sidewall of the tire:
Prefix designations:
P – Identifies a tire intended primarily for service on passenger cars.
LT – Identifies a tire intended primarily for service on light trucks.
Suffix letter designations:
LT – Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service.
All tires with a “P” or “LT” prefix, and all tires with an “LT” suffix in their sidewall markings are covered by this investigation regardless of their intended use.
In addition, all tires that lack a “P” or “LT” prefix or suffix in their sidewall markings, as well as all tires that include any other prefix or suffix in their sidewall markings, are included in the scope, regardless of their intended use, as long as the tire is of a size that fits passenger cars or light trucks. Sizes that fit passenger cars and light trucks include, but are not limited to, the numerical size designations listed in the passenger car section or light truck section of the Tire and Rim Association Year Book, as updated annually. The scope includes all tires that are of a size that fits passenger cars or light trucks, unless the tire falls within one of the specific exclusions set out below.
Passenger vehicle and light truck tires, whether or not attached to wheels or rims, are included in the scope.
However, if a subject tire is imported attached to a wheel or rim, only the tire is covered by the scope.
Specifically excluded from the scope are the following types of tires:
(1) Racing car tires; such tires do not bear the symbol “DOT” on the sidewall and may be marked with “ZR” in size designation;
(2) pneumatic tires, of rubber, that are not new, including recycled and retreaded tires;
(3) non-pneumatic tires, such as solid rubber tires;
(4) tires designed and marketed exclusively as temporary use spare tires for passenger vehicles which, in addition, exhibit each of the following physical characteristics:
(a) The size designation and load index combination molded on the tire’s sidewall are listed in Table PCT–1B (“T” Type Spare Tires for Temporary Use on Passenger Vehicles) or PCT-1B (“T” Type Diagonal (Bias) Spare Tires for Temporary Use on Passenger Vehicles) of the Tire and Rim Association Year Book,
(b) the designation “T” is molded into the tire’s sidewall as part of the size designation, and,
(c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed is 81 MPH or a “M” rating;
(5) tires designed and marketed exclusively for specialty tire (ST) use which, in addition, exhibit each of the following conditions:
(a) The size designation molded on the tire’s sidewall is listed in the ST sections of the Tire and Rim Association Year Book,
(b) the designation “ST” is molded into the tire’s sidewall as part of the size designation,
(c) the tire incorporates a warning, prominently molded on the sidewall, that the tire is “For Trailer Service Only” or “For Trailer Use Only”,
(d) the load index molded on the tire’s sidewall meets or exceeds those load indexes listed in the Tire and Rim Association Year Book for the relevant ST tire size, and
(e) either
(i) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by Tire and Rim Association Year Book, and the rated speed does not exceed 81 MPH or an “M” rating; or
(ii) the tire’s speed rating molded on the sidewall is 87 MPH or an “N” rating, and in either case the tire’s maximum pressure and maximum load limit are molded on the sidewall and either
(1) both exceed the maximum pressure and maximum load limit for any tire of the same size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book; or
(2) if the maximum cold inflation pressure molded on the tire is less than any cold inflation pressure listed for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book, the maximum load limit molded on the tire is higher than the maximum load limit listed at that cold inflation pressure for that size designation in either the passenger car or light truck section of the Tire and Rim Association Year Book;
(6) tires designed and marketed exclusively for off-road use and which, in addition, exhibit each of the following physical characteristics:
(a) The size designation and load index combination molded on the tire’s sidewall are listed in the off-the-road, agricultural, industrial or ATV section of the Tire and Rim Association Year Book,
(b) in addition to any size designation markings, the tire incorporates a warning, prominently molded on the sidewall, that the tire is “Not For Highway Service” or “Not for Highway Use,”
(c) the tire’s speed rating is molded on the sidewall, indicating the rated speed in MPH or a letter rating as listed by the Tire and Rim Association Year Book, and the rated speed does not exceed 55 MPH or a “G” rating, and
III. HTS classifications:
The products covered by these investigations are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.10.10.10, 4011.10.10.20, 4011.10.10.30, 4011.10.10.40, 4011.10.10.50, 4011.10.10.60, 4011.10.10.70, 4011.10.50.00, 4011.20.10.05, and 4011.20.50.10. Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.10.10, 4011.90.10.50, 4011.90.20.10, 4011.90.20.50, 4011.90.80.10, 4011.90.80.50, 8708.70.45.30, 8708.70.45.46, 8708.70.45.48, 8708.70.45.80, 8708.70.60.30, 8708.70.60.45, and 8708.70.60.60.
IV. Date of Filing: May 13, 2020
V. Petitioner: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC
VI. Foreign Producers/Exporters: Please contact our office for a list filed with the petition.
VII. U.S. Importers named: Please contact our office for a list filed with the petition.
VIII. Alleged Dumping Margins (No CVD Rate Listed):
Korea: 42.95- 195.20%
Taiwan: 21-147%
Thailand: 106.4-217.5%
Vietnam: 14.73%-33.06%
IX. Comments:
A. Projected date of ITC Preliminary Conference: June 19, 2020.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is July 22, 2020; CVD is June 2, 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
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Federal Register Notices:
• Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results
• Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Rescission of Antidumping Duty Administrative Review; 2019-2020
• Welded Stainless Pressure Pipe From India: Rescission of Countervailing Duty Administrative Review: 2018
• Refillable Stainless Steel Kegs From the Federal Republic of Germany: Initiation and Preliminary Results of Changed Circumstances Review and Intent To Revoke Order
• Certain Spa Pumps, Jet Pump Housings, Pedicure Spas, Components Thereof, and Products Containing Same; Institution of Investigation
• Lightweight Thermal Paper From the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2018-2019
• Biodiesel From Argentina: Final Results of Countervailing Duty Changed Circumstances Review
• 4th Tier Cigarettes From the Republic of Korea: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
• Certain Bone Cements, Components Thereof and Products Containing the Same; Notice of Request for Statements on the Public Interest
• Prestressed Concrete Steel Wire Strand From Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, the Republic of Turkey, Ukraine, and the United Arab Emirates: Initiation of Less-Than-Fair-Value Investigations
• Prestressed Concrete Steel Wire Strand From the Republic of Turkey: Initiation of Countervailing Duty Investigation
• Monosodium Glutamate From China and Indonesia; Scheduling of Full Five-Year Reviews
• Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Rescission of Antidumping Duty Administrative Review; 2018-2019_____________________________________
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EPA Stresses the Importance of Recycling and Proper Disposal of Personal Protective Equipment - Environmental Protection Agency
WASHINGTON (May 12, 2020) — Today, the U.S. Environmental Protection Agency (EPA) is encouraging all Americans to recycle materials from their households and properly dispose of personal protective equipment (PPE), especially during the COVID-19 pandemic. Recycling isn’t just good for the planet by reducing the amount of waste going to landfills and saving energy, it also supports American manufacturing.
“Right now, there is a critical need for raw materials in the manufacturing supply chain, especially paper and cardboard,” said EPA Administrator Andrew Wheeler. “Business closures and limited operations means less recycled material for American manufactures, and we all must do our part to recycle more and recycle right to fill this immediate need.”
Recycled materials are used to make new products as well as the boxes that these and other essential supplies are shipped in for the everyday needs of hospitals, grocery stores, pharmacies and American homes. Currently, businesses that normally recycle large amounts of paper and cardboard are not able to do that due to the impacts from the coronavirus health crisis. Because of this, household recycling is more essential than ever.
Americans all over the country are staying home, getting more deliveries in cardboard boxes, eating at home, and generating more material than normal, much of which can be recycled.
EPA encourages households to do their part – recycle more and recycle correctly so the right materials are available for U.S. manufacturers. To do so:
Check with your local recycling hauler to see what materials they accept right now and recycle what you can from your home.
Break down shipping and food boxes, rinse out containers and cans, keep them dry and clean, and put them in your curbside bin to be recycled.
Keep disinfectant wipes, gloves, masks, other PPE and medical waste out of recycling bins.
When taking trips to essential businesses like grocery stores and pharmacies, please do not litter disinfectant wipes, masks, gloves or other PPE, instead put them securely in a trash can and follow local trash and Center for Disease Control guidelines.
EPA sends out heartfelt thanks to all of America's recycling workers for providing this essential service. This important work creates jobs and the containers, packaging and products needed, as well as keeping the public safe and healthy.
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Savannah CBP Officers Intercept Unsafe Toy Ducks - U.S. Customs & Border Protection
SAVANNAH, GA. – U.S. Customs and Border Protection (CBP) officers at the Savannah Seaport seized 5,000 stuffed toy ducks after it was determined that they contained excessive amounts of lead.
On March 3, CBP officers inspected a container that arrived from Hong Kong for future consumer use. After examining the “Doctor Duck” labeled toys the shipment was detained, and a dozen of the small toys were sent to the Consumer Product Safety Commission (CPSC) for further testing.
“Our CBP officers are our first line of defense and this seizure of lead contaminated toys proves their commitment to ensure the safety of American consumers,” said Christopher Kennally, Savannah CBP Area Port Director. “We have a great partnership with the Consumer Product Safety Commission and together we were able to keep these contaminated toys out of the country.”
The test report by CSPC determined the items to have excess levels of lead and was deemed to be banned from entering into the U.S.
Subsequently, the shipment was seized and sent for destruction due to the lead-positive lab results within the stuffed toys and were later appraised by CBP Import Specialists with a domestic value of approximately $100,000.
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, or by visiting CBP.gov.
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CBP Baltimore Field Office Continues to Seize Counterfeit and Unapproved COVID-19 Protective Equipment and Medications - U.S. Customs & Border Protection
BALTIMORE – As the nation’s leading border security agency, U.S. Customs and Border Protection (CBP) officers at Ports of Entry across the Baltimore Field Office continue to seize shipments of counterfeit and unapproved coronavirus personal protective equipment (PPE) and pharmaceuticals.
While inspecting international express delivery parcels Tuesday, CBP officers at the Port of Harrisburg, Pa., seized a shipment of 1,200 Linhua Qingwen capsules that arrived from Hong Kong. Linhua Qingwen capsules are being used to treat some COVID-19 patients, but their effectiveness is unknown and they remain an unapproved medicine for use in the United States. The parcel was destined to an address in Union County, Pa.
Since March 23, CBP officers at the Area Ports of Philadelphia, Baltimore and Washington, and the Ports of Harrisburg and Pittsburgh, in consultation with U.S. Food and Drug Administration inspectors, completed 18 seizures that collectively included:
• more than 1,350 unapproved and counterfeit COVID-19 test kits;
• nearly 400 counterfeit N95 respirator masks;
• nearly 2,500 unapproved and potentially counterfeit medicines, including Hydroxychloroquine Sulfate, Chloroquine, Azithromycin, Lianhua Qingwen and Liushen Jiaonang; and
• more than 67,000 counterfeit ACCU-CHEK test strips.
CBP is withholding specific details of individual seizures as many cases remain under investigation.
These products were shipped from manufacturers and distributors in China, Hong Kong, South Korea, Turkey, Saudi Arabia, Nigeria, Senegal, Germany and the United Kingdom and were destined to addresses in Pennsylvania, New Jersey, Delaware, Virginia, Connecticut, and Florida.
These products are not on the current Emergency Use Authorization List nor are the manufacturers on the list of firms who have provided compliance notification to the FDA. As such, the products are inadmissible to the United States for violating the Federal Food, Drug, and Cosmetic Act.
“Panic-stricken consumers and predatory scammers continue to purchase coronavirus protective and diagnostic equipment, and pharmaceuticals from the overseas marketplace that are either counterfeit or unapproved for use in the United States, and that pose a potentially serious health concern for American consumers,” said Ronald Stanley, CBP’s Acting Director of Field Operations in Baltimore. “Customs and Border Protection will continue to work with our partners at the Food and Drug Administration to identify and seize these potentially hazardous medical products before they could harm American consumers.”
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.
Follow the Director of CBP’s Baltimore Field Office on Twitter at @DFOBaltimore and on Instagram at @dfobaltimore for breaking news, current events, human-interest stories and photos.
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35 Counterfeit SuperBowl Rings Seized by CBP at O’Hare - U.S. Customs & Border Protection
CHICAGO – With the NFL draft in the rearview mirror and the 2020 schedule released, fans are clamoring for the start of the NFL season. Unfortunately, scam artist are using this season to steal money from fans and collectors.
U.S. Customs and Border Protection Officers at O’Hare’s International Mail Facility seized a shipment from China of 35 counterfeit NFL Championship rings on April 27.
Due to X-ray inconsistencies the parcel was held for inspection. The customs declaration listed a ring as its contents with a value of $10, but when CBP officers opened the package 35 counterfeit NFL Championship rings were inside. After examining the rings, officers deemed them as counterfeit based on the poor quality, poor packaging and low value. Had the rings been real, the MSRP would have been $350,000.
“Preventing counterfeit items from entering the United States is crucial to protecting consumers and our nation’s economy,” said Acting Assistant Area Port Director Ralph Piccirilli. “This most recent intercept of counterfeit NFL rings is a great example of how our CBP officers stand ready to serve the United States in support the CBP mission as the world battles this unprecedented COVID-19 pandemic.”
The parcel contained fake Superbowl rings for the NY Jets (1) and Giants (4), Pittsburgh Steelers (6), San Francisco 49ers (5), Dallas Cowboys (5), Washington Redskins (5), Green Bay Packers (6) and Denver Broncos (3).
Intellectual Property Rights (IPR) enforcement is a Priority Trade Issue. Importation of counterfeit merchandise can cause significant revenue loss, damage the U.S. economy, and threaten the health and safety of American people. In partnership with Immigration and Customs Enforcement, CBP seized 27,599 shipments with IPR violations in fiscal year 2019. If the seized products were genuine, the total manufacturer’s suggested retail price of the items would have been valued at over $1.5 billion.
Over the past five years, e-commerce has grown exponentially as consumers are increasingly completing purchases online. These purchases are typically shipped through international mail and express courier services. In FY2019, over 90 percent of IPR seizures were found in express and international mail shipments.
If you have information concerning counterfeit merchandise illegally imported into the United States, CBP encourages you to submit an anonymous report through e-Allegations Online Trade Violation Reporting System. Border security crimes, including narcotic and contraband smuggling, human trafficking, currency smuggling, terrorism, immigration, trade, and agriculture violations in the CBP New Orleans five-state area can also be reported by calling 1-866-237-3468.
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U.S. Customs and Border Protection Prioritizing Clearance of Medical Supplies - Port of NY/NJ - Breaking Waves
During this time of a global pandemic, the U.S. Customs and Border Protection (CBP) is working diligently to ensure imports of medical gear and supplies get into the country quickly and safely so they can reach hospitals and workers in need.
CBP’s mission is to safeguard America’s borders, protecting the public from dangerous people and materials while enhancing the nation’s global economic competitiveness by facilitating legitimate travel and trade. To strengthen this mission, CBP has designated four (4) Centralized Examination Stations (CES) at the Port of New York and New Jersey to work closely with CBP to provide safe, secure facilities at which certain cargo is examined before being permitted entry to the country. At these examination sites, in addition to its own regulations, CBP enforces over 400 laws on behalf of over 40 other U.S. Government agencies, such as USDA, FDA, and Fish & Wildlife. Many of these import restrictions and requirements are designed to protect the American people from dangerous and illegal goods.
To help keep cargo moving and to expedite critical cargo through the Port of New York and New Jersey during the pandemic, the CES operators; Salson Logistics, H&M International Transportation, East Coast Warehouse and GCT New York, have all provided CBP with additional staffing and shifts. CBP, in coordination with its partners at the U.S. Food and Drug Administration, will continue to ensure that medical supplies and devices related to COVID-19 response are cleared through U.S. Customs and Border Protection as promptly as possible while verifying that they are all authorized and safe for use.
Inquiries regarding the import of medical supplies and personal protective equipment are being handled by the COVID-19 Cargo Resolution Team (CCRT), newly formed by CBP’s Pharmaceuticals, Health and Chemical Center of Excellence and Expertise. The multidisciplinary team works to triage inquires, coordinates with affected terminals, and respond directly to ensure that legitimate shipments are not unnecessarily delayed.
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