Department of Commerce Preliminary Determines that Solar Cells and Modules Imported from Cambodia, Malaysia, Thailand and Vietnam are Circumventing Antidumping and Countervailing Duty Orders on Chinese Products - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On December 2, 2022, the Department of Commerce (“DOC”) issued affirmative preliminary determinations in antidumping duty (“ADD”) and countervailing duty (“CVD”) circumvention inquiries on solar cells and modules imported from Cambodia, Malaysia, Thailand and Vietnam (“C/M/T/V”). These decisions cover cells and modules made in C/M/T/V incorporating Chinese-made wafers and other Chinese-made “major components” (“Circumventing Products”). In the past several years, well over 50% of solar cell/module imports into the United States have consisted of Circumventing Products.
This decision, however, does not have a direct, immediate impact on ADD/CVD liability. On June 6, 2022, the President authorized Commerce to create a 24-month moratorium on requiring ADD/CVD cash deposits and ultimately assessing ADD/CVD on Circumventing Products. Circumventing Products may be entered free of ADD liability – both upon entry or upon liquidation – during the two-year safe harbor period (“Moratorium Period”).
During the Moratorium Period, all Circumventing Products can enter the United States free of ADD/CVD provided the importer and exporter certify that specific entries meet the regulatory definition of “Applicable Entries.” The importer certification must be completed, signed, and dated by the time the entry summary is filed for the relevant entry. The importer, or the importer’s agent, must submit both the importer’s and the exporter’s certification to CBP as part of the entry process. Applicable entry claims are subject to verification by the DOC and/or CBP.
In addition, both during and after the Moratorium Period, importers from C/M/T/V can avoid ADD/CVD liability by submitting exporter and importer certifications, attesting to the fact that their imports consist of:
• Cells or Panels with wafers produced outside of China (even if polysilicon is sourced in China)
OR
• Panels with wafers produced in China when no more than two of the following components are produced in China: (1) silver paste; (2) aluminum frames (3) glass; (4) backsheets; (5) ethylene vinyl acetate sheets; and (6) junction boxes.
With the exception of cells/modules produced by a limited number of specified companies, all C/M/T/V exporters/ importers are allowed to submit these certifications, where the solar cells/panels meet these criteria.
A final certification exemption applies to exports from four companies whom the DOC determined were not circumventing the ADD/CVD Orders:
1. Boviet Solar Technology Co., Ltd. (Vietnam)
2. Hanwha Q CELLS Malaysia Sdn. Bhd. (Malaysia)
3. Jinko Solar Technology Sdn. Bhd./Jinko Solar (Malaysia) Sdn. Bhd. (Malaysia)
4. New East Solar (Cambodia) Co., Ltd. (Cambodia)
Commerce’s Notice advises that certifications for shipments entered from April 1, 2022 through 14 days after publication of the Preliminary Determination should be completed and signed no later than 45 days after publication. For shipments entered more than 14 days after publication, signed certifications by the importer and exporter must accompany the entry.
Commerce’s Notice also advises that if Certifications are not submitted, importers are required to declare these entries as subject to ADD/CVD with accompanying cash deposits.
The DOC’s decision is complex and will result in additional, extensive scrutiny by CBP of solar cell and panel imports. This scrutiny for ADD/CVD liability is in addition to the scrutiny that solar imports are receiving under UFLPA (for alleged production with forced labor). UFLPA requirements are not affected by the DOC’s ADD/CVD decision.
We suggest that companies who have imported solar cells/ panels from C/M/T/V since April 1, 2022, or who are in the solar cell/ panel supply chain, contact GDLSK to further discuss solar issues.
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CBP Launches Global Business Identifier Pilot to Increase Supply Chain Visibility - US Customs & Border Protection
CBP Office of Trade begins test phase to streamline supply chain insights
WASHINGTON – U.S. Customs and Border Protection (CBP), will collaborate with 13 partner government agencies to deploy a Global Business Identifier (GBI) pilot program that will test the concept of a single business identifier solution to improve the US Government’s ability to efficiently identify high-risk shipments and facilitate legitimate trade.
Through the GBI Evaluative Proof of Concept (EPoC), volunteers from the trade community will provide CBP with entity identifier codes, used widely in various industries, to allow more comprehensive insight into shipper, seller, and manufacturer data.
The pilot seeks to modernize trade processes by evaluating unique business identifiers or a combination of identifiers to replace, at a future point, the decades-old Manufacturer/Shipper Identification (MID) number currently used to track customs information, which only includes importer name and address and is not a managed, unique identifier.
Through the pilot, industry volunteers will submit three entity identifiers to CBP – Data Universal Numbering System, Global Location Number, and Legal Entity Identifier - in addition to the MID. CBP will then evaluate the optimal combination of identifiers to capture critical data including the main legal entity, specific business locations, and supply chain roles while optimizing GBI design, usability, and scope.
The GBI EPoC offers the potential for CBP, and other U.S. partner government agencies with equities at the border, to achieve greater visibility into U.S. supply chains – enhancing CBP’s enforcement capabilities while facilitating clearance of fair and legal trade.
“The complexity of modern, global supply chains requires innovative solutions to increase transparency. Our hope for this pilot program is that it will give us a more complete picture of goods making their way into the U.S. so that we can focus enforcement efforts on high-risk shipments while ensuring the free flow of legal trade that supports our economy,” said AnnMarie R. Highsmith, Executive Assistant Commissioner, CBP Office of Trade. “With the GBI pilot, we expect improved data quality, industry cost and time savings, streamlined supply chain tracking, and increased protection from counterfeiting – wins for both the trade community and the U.S. government.”
The GBI is a priority initiative for the Border Interagency Executive Council (BIEC), an executive advisory board that assists federal agencies in their efforts to enhance coordination across customs, transport security, health and safety, sanitary, conservation, trade, and phytosanitary agencies with border management authorities and responsibilities to measurably improve supply chain processes and the identification of illicit and non-compliant shipments. This pilot represents the first public facing BIEC initiative since core functionality completion for the Automated Commercial Environment in 2017.
A copy of the Federal Register Notice with instructions on how trade participants can register is available here. More information on the GBI may be found at Global Business Identifier Fact Sheet (cbp.gov)
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Federal Register Notices:
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Corrosion-Resistant Steel Products From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2020-2021
• Finished Carbon Steel Flanges From India, Italy, and Spain: Continuation of Antidumping Duty Orders and Countervailing Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2020
• Silicomanganese From India: Final Results of Antidumping Duty Changed Circumstances Review
• Monosodium Glutamate From the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Rescission of Review, in Part; 2020
• Welded Stainless Pressure Pipe From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Automated Retractable Vehicle Steps and Components Thereof; Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Steel Concrete Reinforcing Bar From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Forged Steel Fittings From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2020-2021
• Forged Steel Fittings From the People's Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Dioctyl Terephthalate from South Korea; Notice of Commission Determination To Conduct a Full Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021
• Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention With Respect to Cambodia, Malaysia, Thailand, and Vietnam
• Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Scope Determination and Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders; Extension of Deadline To Certify Certain Entries
• Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Boltless Steel Shelving Units Prepacked for Sale From the People's Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders
• Polyethylene Terephthalate Resin From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021
• Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian Federation: Continuation of the Antidumping Duty Order
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FMC Announces Interim Procedures for Processing Charge Complaints - Federal Maritime Commission
The Federal Maritime Commission today announced its interim procedures to review, investigate, and adjudicate Charge Complaints.
U.S. shippers have responded positively to the new opportunity, established via the Ocean Shipping Reform Act of 2022, to challenge carrier charges by filing Charge Complaints at the FMC. Since the law’s enactment in June, the Commission has received more than 175 filings. The process being shared today clarifies the interim steps the Commission will take under this new authority.
Under the announced process, a Charge Complaint that is “perfected” with sufficient information and details is promptly investigated by FMC staff in the Office of Investigations. The common carrier will be contacted by Commission staff as part of the investigation and asked to respond to the complaint, and justify the charge or fee being investigated. Both parties are notified at the conclusion of the investigation.
If the investigation supports a finding that the common carrier’s charge is not in compliance, the Office of Enforcement will recommend that the Commission—the five Commissioners as a body—issue an “Order to Show Cause” to the common carrier under 46 C.F.R. § 502.91 to formally adjudicate the Charge Complaint. The common carrier receiving the Order must show why it should not be ordered to refund the fees or charges paid or waive the fees in question. The Commission will issue a decision on the Order to Show Cause, and for charges not in compliance with the law, will order a refund or waiver. The Commission may then also initiate a separate civil penalty proceeding with Commission’s Administrative Law Judge for consideration of penalties under 46 U.S.C. §§ 41107 and 41109.
An initial determination to not refer a Charge Complaint to the Office of Enforcement does not bar a party from filing a subsequent small claim or formal complaint with the Commission. A party may also seek alternative dispute resolution services by contacting the Commission’s Office of Consumer Affairs and Dispute Resolution Services.
The Commission’s Bureau of Enforcement, Investigations, and Compliance reviews all information received on alleged violations of the law and uses its prosecutorial authority to bring actions against parties operating unlawfully.
The guidance is posted on the Commission’s Ocean Shipping Reform Act of 2022 Implementation page that provides a detailed explanation of the Charge Complaint process as well as answers to Frequently Asked Questions on this topic.
Today’s announcement is a necessary step in advising the public on the interim procedures that allow the Commission to continue to take prompt action to adjudicate Charge Complaints. Experience gained from these first proceedings will guide the Commission on what form a permanent process should take. A new permanent procedure would be completed through a formal rulemaking after notice and public comment.
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Special Operations North Pole - U.S. Customs & Border Protection
North Pole News is a parody newscast. This series will highlight how CBP's Office of Trade mission is protecting you during this holiday season.
Office of Trade Operations: North Pole News YouTube
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DHS Announces Extension of REAL ID Full Enforcement Deadline - Department of Homeland Security
States to have additional time to meet requirements
WASHINGTON – Today, the Department of Homeland Security (DHS) announced its intent to extend the REAL ID full enforcement date by 24 months, from May 3, 2023 to May 7, 2025. Under the new regulations published to execute this change, states will now have additional time to ensure their residents have driver’s licenses and identification cards that meet the security standards established by the REAL ID Act. As required by the law, following the enforcement deadline, federal agencies, including the Transportation Security Administration (TSA), will be prohibited from accepting driver’s licenses and identification cards that do not meet these federal standards.
“DHS continues to work closely with U.S. states, the District of Columbia, and the U.S. territories to meet REAL ID requirements,” said Secretary of Homeland Security Alejandro N. Mayorkas. “This extension will give states needed time to ensure their residents can obtain a REAL ID-compliant license or identification card. DHS will also use this time to implement innovations to make the process more efficient and accessible. We will continue to ensure that the American public can travel safely.”
The extension is necessary, in part, to address the lingering impacts of the COVID-19 pandemic on the ability to obtain a REAL ID driver’s license or identification card. REAL ID progress over the past two years has been significantly hindered by state driver’s licensing agencies having to work through the backlogs created by the pandemic. Many of these agencies took various steps in response to the pandemic including automatically extending the expiration dates of driver’s licenses and identification cards and shifting operations to appointment only.
Passed by Congress in 2005 following a 9/11 Commission recommendation, the REAL ID Act establishes minimum security standards for state-issued driver’s licenses and identification cards. Security standards include incorporating anti-counterfeiting technology, preventing insider fraud, and using documentary evidence and record checks to ensure a person is who they claim to be. Under the new regulations, beginning May 7, 2025, every traveler 18 years of age or older will need a REAL ID-compliant driver’s license or identification card, state-issued enhanced driver’s license, or another TSA-acceptable form of identification at airport 1security checkpoints for domestic air travel.
Since enactment of the REAL ID Act in 2005, advancements in technology have enabled TSA to make significant improvements in checkpoint screening, particularly in the areas of identity management, on-person screening, accessible property screening and alarm resolution. Through the deployment of technologies such as Advanced Imaging Technology (AIT), Advanced Technology (AT) X-ray, then Computed Tomography (CT), Bottled Liquids Scanners (BLS), and Credential Authentication Technology (CAT), as well as deployment of Passenger Screening Canines (PSC) and the rollout of TSA PreCheck®, TSA has continually advanced its security capabilities. TSA also increased its vetting capability through Secure Flight, a risk-based passenger prescreening program that enhances security by identifying low and high-risk passengers before they arrive at the airport by matching their names against trusted traveler lists and watchlists. REAL ID requirements will strengthen these improvements further by providing an additional layer of confidence in the identity of the traveler.
All 50 U.S. states, the District of Columbia, and four of five U.S. territories covered by the REAL ID Act and related regulations are issuing REAL ID-compliant driver’s licenses and identification cards. These standards have significantly improved the reliability and accuracy of state-issued driver’s licenses and identification cards.
For more information on REAL ID, visit www.dhs.gov/real-id.
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USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Certain Welded Stainless Steel Pipe from South Korea and Taiwan - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of certain welded stainless steel pipe from South Korea and Taiwan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from South Korea and Taiwan will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Certain Welded Stainless Steel Pipe from South Korea and Taiwan (Inv. Nos. 731-TA-540-541 (Fifth Review), USITC Publication 5395, December 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by January 10, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND: The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Certain Welded Stainless Steel Pipe from South Korea and Taiwan (Fifth Review) (Expedited) were instituted on May 2, 2022.
On August 5, 2022, the Commission voted to conduct expedited reviews. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group responses were adequate and the respondent group responses were inadequate. Chairman Johanson voted for full reviews. Commissioners Schmidtlein, Kearns, Stayin, and Karpel voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
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Gift Card Scams - Federal Trade Commission
Someone might ask you to pay for something by putting money on a gift card, like a Google Play or iTunes card, and then giving them the numbers on the back of the card. If they ask you to do this, they’re trying to scam you. No real business or government agency will ever insist you pay them with a gift card. Anyone who demands to be paid with a gift card is a scammer.
What is a Gift Card Scam: Gift cards are for gifts, not for payments. As soon as someone tells you to pay them with a gift card, that’s a scam. Gift cards are popular with scammers because they’re easy for people to find and buy. They also have fewer protections for buyers compared to some other payment options. They’re more like cash: once you use a gift card, the money on it is gone.
If someone calls and asks that you pay them with gift cards, that’s a scammer calling. And once they have the gift card number and the PIN, they have your money.
Scammers may tell you different stories to get you to pay them with gift cards, but this is what usually happens:
1. The caller says it’s urgent. They say you have to pay right away or something terrible will happen. They want to scare or pressure you into acting quickly, so you don’t have time to think or talk to someone you trust. Don’t pay. It’s a scam.
2. The caller usually tells you which gift card to buy. They might say to put money on an eBay, Google Play, Target, or iTunes gift card. They might send you to a specific store — often Walmart, Target, CVS, or Walgreens. Sometimes they tell you to buy cards at several stores, so cashiers won’t get suspicious. And the caller might stay on the phone with you while you go to the store and load money onto the card. If this happens to you, stop. It’s a scam.
3. The caller asks you for the gift card number and PIN. The card number and PIN on the back of the card let the scammer get the money you loaded onto the card. Don’t give them those numbers. It’s a scam. You’ll lose your money, and you won’t be able to get it back.
Spot the Scam: Only scammers try to convince you to pay with gift cards. If you know how to spot their tactics, you’ll be able to avoid the scam, and help others spot and avoid it. Here’s a list of common gift card scams and schemes:
• The caller says they’re from the government — maybe the IRS or the Social Security Administration. They say you have to pay taxes or a fine. It’s a scam.
• Someone calls from tech support, maybe saying they’re from Apple or Microsoft. They say there’s something wrong with your computer and you have to pay them to get it fixed. But it’s a lie.
• You meet someone special on a dating website, but then they need money and ask you to help them. This romance scammer makes up any story to trick you into sending them gift cards. Stop. Never send money or gifts to anyone you haven’t met in person — even if they send you money first.
• The scammer pretends to be a friend or family member in an emergency and asks you to send money right away — but not tell anyone. This is a scam. If you’re worried, hang up and call the friend or relative to check that everything is all right.
• Someone says you’ve won a prize, but first, you have to pay fees or other charges with a gift card. Remember: no honest business or agency will ever make you pay with a gift card. But also — did you even enter that sweepstakes?
• The caller says they’re from your power company, or another utility company. They threaten to cut off your service if you don’t pay immediately. But utility companies don’t work that way. It’s a scam.
• You get a check from someone for way more than you expected. They tell you to deposit the check, then give them the difference on a gift card. Don’t do it. That check will be fake, and you’ll be out all that money.
What To Do If You Paid a Scammer With Gift Cards