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Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam; Countervailing Duty (“CVD”): China and India
II. Proposed Scope of the Investigations: The products within the scope of these investigations are paper shopping bags with handles of any type, regardless of whether there is any printing, regardless of how the top edges are finished (e.g., folded, serrated, or otherwise), and regardless of whether the tops can be sealed. Subject paper shopping bags have a width of at least 4.5 inches and depth of at least 2.5 inches.
Excluded from the scope are:
• Multiwall sacks and bags;
• Paper sacks or bags that are of a 1/6 or 1/7 barrel size (i.e., 11.5-12.5 inches in width, 6.5-7.5 inches in depth, and 13.5-17.5 inches in height) with flat paper handles;
• Paper sacks or bags with die-cut handles, a standard basis paper weight of less than 38 pounds, and a height of less than 11.5 inches;
• Shopping bags (i) with non-paper handles made wholly of woven ribbon or other similar woven fabric and (ii) that are finished with folded tops or for which tied knots or t-bar aglets (made of wood, metal, or plastic) are used to secure the handles to the bags; and
• Gift bags marked for retail sale that are physically bundled into the saleable unit prior to importation such that each bundled unit is composed of no less than three individual bags and no more than 30 individual bags.
III. HTS classifications: This merchandise is currently classifiable under HTS item numbers 4819.30.0040 and 4819.40.0040.
IV. Date of Filing: May 31, 2023
V. Petitioners: Coalition for Fair Trade in Shopping Bags
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 (per cent):
Cambodia: 44.29 to 221.36 percent
China: 133.80 percent to 324.24 percent
Colombia: 65.04 percent
India: 22.05 percent to 88.56 percent
Malaysia: 173.38 percent
Portugal: 26.71 percent to 204.54 percent
Taiwan: 44.76 percent to 50.13 percent
Turkey: 12.51 to 45.29 percent
Vietnam: 63.67 percent to 128.81 percent
IX. Comments:
A. Projected date of ITC Preliminary Conference: June 21, 2023.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is August 9, 2023; CVD is June 20, 2023.
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 current and 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:
• Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value and Final Affirmative Determination of Critical Circumstances
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Magnesia Carbon Bricks From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Multilayered Wood Flooring From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020
• Determination of Sales at Less-Than-Fair Value: Paper File Folders From the People's Republic of China: Postponement of Final Determination in the Less-Than-Fair-Value Investigation
• Tin Mill Products From Canada, the People's Republic of China, Germany, the Netherlands, the Republic of Korea, Taiwan, the Republic of Turkey, and the United Kingdom: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof; Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Non-Refillable Steel Cylinders From the People's Republic of China: Initiation of Circumvention Inquiry of the Antidumping and Countervailing Duty Orders; Water Capacity Between 100 and 299 Cubic Inches
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Folding Gift Boxes From China; Institution of a Five-Year Review
• Tin- and Chromium-Coated Steel Sheet From Japan; Institution of a Five-Year Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Toner Supply Containers and Components Thereof (I); Notice of Commission Determination To Institute a Modification Proceeding; Schedule and Procedure for the Modification Proceeding
• Citric Acid and Certain Citrate Salts From Belgium, Colombia, and Thailand; Institution of Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain New Pneumatic Off-the-Road Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of 2014-2015 Antidumping Administrative Review; Notice of Amended Final Results
• Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Fine Denier Polyester Staple Fiber From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
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USITC Analyzes Market Conditions and Outlook for Distribution Services in Annual Services Report - U.S. International Trade Commission
The United States was the world's largest services market and was the world’s leading exporter and importer of services in 2021, reports the U.S. International Trade Commission (USITC) in its new publication Recent Trends in U.S. Services Trade, 2023 Annual Report. As also noted in the report, preliminary data on U.S. cross-border services trade for 2022 show that total services exports were 15.9 percent higher in 2022 compared to 2021.
The USITC, an independent, nonpartisan, factfinding federal agency, compiles the report annually. Each year's report presents a qualitative and quantitative overview of U.S. trade in services and highlights some of the services sectors and geographic markets that contribute substantially to recent services trade performance.
This year’s report focuses on distribution services, including specific discussions on retail supply chains, e-commerce, logistics, warehousing, maritime shipping, port services, trucking and rail, air cargo, and express delivery via drones. Each section analyzes global market conditions in the industry and summarizes the industry’s outlook.
The report describes detailed trade in services via cross-border transactions through 2021 and via affiliate sales through 2020, as well as preliminary cross-border trade data for 2022 (latest available data). Several highlights are listed below.
In 2021, the services sector represented the largest sector of the U.S. economy, and the United States is the world’s top cross-border exporter and importer of services. U.S. exports of private services totaled $771.9 billion, whereas imports totaled $524.9 billion, resulting in a $247.0 billion trade surplus.
Within the services sector, sales by foreign affiliates of U.S. firms—the leading channel by which many U.S. services are delivered to foreign markets—totaled $1.6 trillion in 2020 while the value of services purchased from foreign-owned affiliates in the United States totaled $1.2 trillion.
The distribution services sector includes a wide range of activities that facilitate the movement of goods through the supply chain from producer to end consumer. Distribution services accounted for 7.1 percent of total cross-border services exports and 17.4 percent of imports in 2021. They represented 27.4 percent of total sales by the foreign affiliates of U.S. firms and 29.5 percent of total purchases from the U.S. affiliates of foreign firms in 2020.
Responses to the COVID-19 pandemic created challenges for global supply chains and the distribution services that enable them, while recent volatility in consumer demand for goods imports and pandemic-related measures disrupted distribution and transportation networks. At the same time, firms have adopted new technologies to improve competitiveness and reach new customers. Distribution networks, including retail, logistics, and warehousing, adapted to these developments in a myriad of ways. In particular:
• In retail supply chains, the pandemic highlighted the limits of longstanding global supply chain practices such as just-in-time inventory management, with firms shifting to focus on supply chain resiliency and increasing transparency;
• In e-commerce, global e-commerce marketplace platforms have increasingly allowed small and medium-sized enterprises to reach foreign customers, driven by advances in digital technology;
• In logistics, innovation (including adoption of data analytics and tracking technologies) and new business models helped the industry improve efficiency competitiveness; and
• In warehousing, increased demand led to rapid growth in the sector while highlighting labor issues such as high turnover, labor availability issues, and injuries.
Pandemic-related disruptions also led to recent developments in transportation services, including maritime shipping, ports, trucking and rail, air cargo, and express delivery via drone.
• In maritime shipping, increased demand for sea freight led to record profitability for carriers and increased government scrutiny of the industry.
• In port services, congestion resulted in increased wait times, delays, and costs at ports, while spurring investment in port expansion and automation, but delays and prices have fallen sharply since late 2022.
• In trucking and rail, the pandemic exacerbated longstanding labor issues in these networks, which are vital in connecting consumers to global supply chains.
• In air cargo, passenger air travel was disrupted during the pandemic, decreasing air cargo capacity, while the entry of new air cargo providers in the sector led to increased competition.
• In express delivery via drone, the market remained small and was developing slowly, but firms continue to pilot new drone delivery projects.
The USITC hosted its 16th annual Services Roundtable, which was held virtually, on November 2, 2022. The discussion, summarized in the report, focused on recent global economic and political shocks, including the COVID-19 pandemic and trade policy uncertainty, as well as the impact of these shocks on distribution services.
Recent Trends in U.S. Services Trade, 2023 Annual Report (Investigation No. 332-594, USITC publication 5431, May 2023) is available on the USITC's Internet site at https://usitc.gov/publications/332/pub5431.pdf. The link to the interactive dashboard is:
https://www.usitc.gov/publications/industry_econ_analysis_332/2023/recent_trends_us_services_trade_2023_annual_report
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FTC and DOJ Charge Amazon with Violating Children’s Privacy Law by Keeping Kids’ Alexa Voice Recordings Forever and Undermining Parents’ Deletion Requests - Federal Trade Commission
Proposed order to require Amazon to pay $25 million and delete children’s data, geolocation data, and other voice recordings
The Federal Trade Commission and the Department of Justice will require Amazon to overhaul its deletion practices and implement stringent privacy safeguards to settle charges the company violated the Children’s Online Privacy Protection Act Rule (COPPA Rule) and deceived parents and users of the Alexa voice assistant service about its data deletion practices.
According to a complaint filed by the Department of Justice on behalf of the FTC, Amazon prevented parents from exercising their deletion rights under the COPPA Rule, kept sensitive voice and geolocation data for years, and used it for its own purposes, while putting data at risk of harm from unnecessary access.
“Amazon’s history of misleading parents, keeping children’s recordings indefinitely, and flouting parents’ deletion requests violated COPPA and sacrificed privacy for profits,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “COPPA does not allow companies to keep children’s data forever for any reason, and certainly not to train their algorithms.”
Under the proposed federal court order also filed by DOJ, Amazon will be required to delete inactive child accounts and certain voice recordings and geolocation information and will be prohibited from using such data to train its algorithms. The proposed order must be approved by the federal court to go into effect.
According to the complaint, Amazon prominently and repeatedly assured its users, including parents, that they could delete voice recordings collected from its Alexa voice assistant and geolocation information collected by the Alexa app. The company, however, failed to follow through on these promises when it kept some of this information for years and used the data it unlawfully retained to help improve its Alexa algorithm, according to the complaint.
Amazon, one of the world’s biggest retailers, collects vast amounts of data about consumers ranging from their geolocation data via the company’s Alexa app to their voice recordings collected by Amazon’s Alexa voice assistant service. The company claims that its Alexa service and Echo devices are “designed to protect your privacy” and that parents and other users can delete geolocation data and voice recordings.
Amazon also offers Alexa-enabled devices and services targeted to children and collects personal data, including voice recordings, from children. Amazon retained children’s recordings indefinitely—unless a parent requested that this information be deleted, according to the complaint. And even when a parent sought to delete that information, the FTC said, Amazon failed to delete transcripts of what kids said from all its databases.
The COPPA Rule requires, among other things, that an operator of a commercial website or online service directed to children under 13 years of age notify parents about the information they collect from children, obtain parents’ consent for the collection of that data, and allow them to delete that information at any time. In addition, such a service is prohibited from retaining the information collected from children under 13 for longer than is reasonably necessary to provide the service.
Amazon claimed it retained children’s voice recordings in order to help it respond to voice commands, allow parents to review them, and to improve Alexa’s speech recognition and processing capabilities, according to the complaint. Children’s speech patterns and accents differ from those of adults, so the unlawfully retained voice recordings provided Amazon with a valuable database for training the Alexa algorithm to understand children, benefitting its bottom line at the expense of children’s privacy.
The FTC said the company failed to put in place an effective system to ensure that it honored users’ data deletion requests and to give parents meaningful notice about deletion. Even when Amazon discovered its failures to delete geolocation data, the FTC said that Amazon repeatedly failed to fix the problems.
Proposed Order
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FTC Approves Final Order Requiring Mastercard to Stop Blocking the Use of Competing Debit Payment Networks - Federal Trade Commission
Following a public comment period, the Federal Trade Commission finalized a consent order settling charges that Mastercard used illegal business tactics to force merchants to route debit card payments through its payment network.
Under the FTC’s order, Mastercard will have to start providing competing networks with customer account information that these networks need to process debit payments. This reverses a tactic Mastercard allegedly had been using to prevent merchants from using competing networks to process certain ecommerce debit payments. The FTC alleged that practice violated provisions of the 2010 Dodd-Frank Act known as the Durbin Amendment and its implementing rule, Regulation II.
The Durbin Amendment requires banks to enable at least two unaffiliated networks on every debit card, thereby giving merchants a choice of which network to use for a given debit transaction. It also bars payment card networks from inhibiting merchants from using other networks. The FTC alleged that Mastercard violated the law by setting policies that effectively blocked merchants from routing ecommerce transactions using Mastercard-branded debit cards saved in ewallets to alternative payment card networks.
The order requires Mastercard to end those practices and provide competing networks with customer account information they need to process debit payments. It also bans Mastercard from taking other actions to inhibit merchants’ ability to choose between competing debit card networks.
The Commission vote to approve the final order was 3-0.
The Federal Trade Commission works to promote competition and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.
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Notice to the Wildlife Import/Export Community - U.S. Fish & Wildlife
Subject: Imports of CITES Marine Species Taken on the High Seas
 
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