Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Certain Pea Protein from China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On July 12, 2013, PURIS Proteins LLC, d/b/a PURIS filed petitions for the imposition of antidumping (AD) and countervailing duties (CVD) on imports of certain pea protein from China. The petition alleges dumping margins of 23.86% to 291.74%. The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.
The product subject to these investigations is high protein content (“HPC”) pea protein, which is a protein derived from peas (including, but not limited to, yellow field peas and green field peas) and which contains more than 65 percent protein on a dry weight basis. HPC pea protein may also be identified as, for example, pea protein concentrate, pea protein isolate, hydrolyzed pea protein, pea peptides, and fermented pea protein. Pea protein, including HPC pea protein, has the Chemical Abstracts Service (“CAS”) registry number 222400-29-5. The petition provides additional detailed scope descriptions.
The merchandise covered by the scope are currently classified under Harmonized Tariff Schedule of the United States (“HTSUS”) categories 3504.00.1000, 3504.00.5000, and 2106.10.0000. Such merchandise may also enter the U.S. market under HTSUS category 2308.00.9890. Although HTSUS categories and the CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.
The projected date of International Trade Commission’s Preliminary Conference is August 2, 2023. The earliest theoretical date for retroactive suspension of liquidation for AD is September 20, 2023; and for CVD is August 1, 2023.
Please feel free to contact one of our attorneys for further information, including a complete projected schedule for the AD/CVD investigation; the volume and value of imports; list of alleged subsidy programs; and list of identified foreign exporters and U.S. importers and additional scope details.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta from Italy: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pea Protein From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Distributional Effects of Trade and Trade Policy on U.S. Workers, 2026 Report
• Certain Movable Barrier Operator Systems and Components Thereof; Notice of Commission Decision To Institute a Rescission Proceeding and To Rescind the Remedial Orders; Termination of the Rescission Proceeding
• Certain Movable Barrier Operator Systems and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Enforcement Proceeding Based on Settlement; Termination of the Proceeding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Rescission of Antidumping and Countervailing Duty Administrative Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Oil-Vaping Cartridges, Components Thereof, and Products Containing the Same; Notice of a Commission Final Determination Finding Glo Extracts in Default; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
• Certain Universal Golf Club Shaft and Golf Club Head Connection Adaptors, Certain Components Thereof, and Products Containing the Same (II); Notice of a Commission Determination Not To Review an Initial Determination Finding All Respondents in Default; Request for Written Submissions on Remedy, the Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Countervailing Duty Investigation of Tin Mill Products From the People's Republic of China: Preliminary Determination of Critical Circumstances, in Part
• Certain Hardwood Plywood Products From the People's Republic of China: Final Scope Determination and Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders
• Investigations; Determinations, Modifications, and Rulings, etc.: Paper Shopping Bags From Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam; Determinations
• Certain Pillows and Seat Cushions, Components Thereof, and Packaging Thereof; Notice of Request for Submissions on the Public Interest
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Diamond Sawblades and Parts Thereof, From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; Notice of Amended Final Results
• Passenger Vehicle and Light Truck Tires From the Socialist Republic of Vietnam: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Administrative Review; 2020-2021
• Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Notice of Rescission of Circumvention Inquiry on the Antidumping and Countervailing Duty Orders
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Power Semiconductors, and Mobile Devices and Computers Containing Same Notice of a Commission Determination To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation of Section 337; Termination of Investigation
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USITC Votes to Continue Investigations on Paper Shopping Bags from Cambodia, China, Columbia, India, Malaysia, Portugal, Taiwan, Turkey and Vietnam - U.S. International Trade Commission
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam that are allegedly sold in the United States at less than fair value and subsidized by the governments of China and India.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue its investigations of imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam, with its preliminary countervailing duty determinations due on or about September 25, 2023, and its preliminary antidumping duty determinations due on or about November 16, 2023.
The Commission’s public report Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam (Inv. Nos. 701-TA-690-691 and 731-TA-1619-1627 (Preliminary), USITC Publication 5448, July 2023) will contain the views of the Commission and information developed during the investigations.
The report will be available by August 25, 2023; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam
Investigation Nos: 701-TA-690-691 and 731-TA-1619-1627 (Preliminary)
Product Description: 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 finished), regardless of color, and regardless of whether the top edges contain adhesive or other material for sealing closed. Paper shopping bags have a width of at least 4.5 inches and depth of at least 2.5 inches. Paper shopping bags typically are made of kraft paper but can be made from any type of cellulose fiber, paperboard, or pressboard with a basis weight less than 300 grams per square meter (GSM).
Status of Proceedings:
1. Type of investigation: Preliminary countervailing duty and antidumping duty investigations.
2. Petitioners: Coalition for Fair Trade in Shopping Bags, an ad hoc coalition whose members include Novolex Holdings, LLC, a domestic producer of paper shopping bags, Charlotte, North Carolina, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, a union representing workers at paper shopping bag production facilities, Pittsburgh, Pennsylvania.
3. USITC Institution Date: Wednesday, May 31, 2023.
4. USITC Conference Date: Wednesday, June 21, 2023.
5. USITC Vote Date: Friday, July 14, 2023.
6. USITC Notification to Commerce Date: Monday, July 17, 2023.
U.S. Industry in 2022:
1. Number of U.S. producers: 4.
2. Location of producers’ plants: Alabama, Connecticut, Georgia, Illinois, Kentucky, New York. Oklahoma, Pennsylvania, and Washington.
3. Production and related workers: 1
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2022:
1. Subject imports: 444.9 million pounds
2. Non-subject imports: 212.5 million pounds
3. Leading import sources: China, Vietnam, and India.
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1 Withheld to avoid disclosure of business proprietary information.
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CBP Releases June 2023 Monthly Update - U.S. Customs & Border Protection
Statistics Show Lowest Southwest Border Encounters since February 2021
WASHINGTON — U.S. Customs and Border Protection (CBP) today released operational statistics for June 2023, which show a significant and continuing decline in migrant encounters along the Southwest border as well as successful drug interdiction efforts resulting from new enforcement initiatives. CBP’s total encounters along the Southwest border in June were the lowest in over two years, dropping nearly a third from May.
“Our sustained efforts to enforce consequences under our longstanding Title 8 authorities, combined with expanding access to lawful pathways and processes, have driven the number of migrant encounters along the Southwest border to their lowest levels in more than two years. We will remain vigilant,” said Troy A. Miller, CBP Senior Official Performing the Duties of the Commissioner. “As our June statistics show, CBP’s mission is vast, and thanks to the dedication of our personnel and Federal partners, we are delivering results that keep the American people safe: ensuring border security, seizing drugs, stopping the flow of illicit weapons, rescuing people in distress, facilitating lawful travel and trade, and stopping the entry of harmful agricultural pests.”
Below are key operational statistics for CBP’s primary mission areas in June 2023. View all CBP statistics online.
Ensuring Border Security and Effectively Managing Migration
CBP is processing all migrants under Title 8 immigration authorities, and generally placing individuals who cross the border unlawfully into Expedited Removal or Section 240 Removal Proceedings. Noncitizens who cross between the ports of entry or who present at a port of entry without making a CBP One appointment, are subject to the lawful pathways rule, which places a condition on asylum eligibility for those who fail to use lawful processes, with certain exceptions.
In June – the first full month since the lifting of the Title 42 public health Order – the U.S. Border Patrol recorded 99,545 encounters between ports of entry along the Southwest border: a 42% decrease from May 2023. Total Southwest border encounters in June, including individuals who presented at ports of entry with or without a CBP One appointment, were 144,607, a 30% decrease from May 2023. These are the lowest monthly Southwest border encounter numbers since February 2021.
Safeguarding Communities by Interdicting Dangerous Drugs
CBP continues to interdict the flow of illicit narcotics across the border. CBP has significantly increased non-intrusive inspection scanning capabilities and forward operating labs to swiftly identify suspected drugs and recognize trends. CBP has found packages of narcotics in roofs, floorboards, door panels, bumpers, tires, gas tanks, car batteries, seats, speaker boxes, false floors, drones, and more.
Nationwide in June, seizures of cocaine, methamphetamine, heroin, fentanyl, and marijuana (combined, by weight) increased 7% from May. To date in FY 2023, CBP has seized more than 22,000 pounds of fentanyl – compared with 8,300 pounds over the same period in FY 2022.
To disrupt supply chains used in the development and movement of fentanyl, CBP launched two new interagency operations in June: Operations Artemis and Rolling Wave. A parallel intelligence and analysis operation, Operation Argus, is providing trade-focused analysis. These efforts build on the success of Operations Blue Lotus and Four Horsemen, which seized nearly 10,000 pounds of fentanyl.
Operation Artemis began on June 5 and has made over 130 seizures, which include:
• 21 pill presses and 54 pill molds
• More than 5,000 pounds of precursor chemicals
• More than 300 pounds of methamphetamine
• And over 5,000 pounds of other drugs
The U.S. Border Patrol is concurrently running Operation Rolling Wave, surging inbound inspections at Southwest border checkpoints. This operation has seized:
• More than 1,500 pounds of fentanyl
• More than 1,000 pounds of cocaine
• More than 8,000 pounds of marijuana
• More than 6,500 pounds of methamphetamine
Under Operation Blue Lotus 2.0, which launched on June 12, CBP and HSI have also continued to surge resources to ports of entry, where 90% of fentanyl is trafficked primarily in cars and trucks. This operation has seized over 1,500 pounds of fentanyl and over 23,000 pounds of other narcotics like cocaine, methamphetamines, and heroin.
View more on Drug Seizure Statistics
Facilitating Lawful Trade and Travel and Promoting Economic Security
To improve the traveler experience while maintaining the highest levels of security, CBP has increased the deployment of technology that provides a more seamless and faster entry into the United States by air, land, and sea. In June, CBP announced the deployment a new Electronic System for Travel Authorization mobile application. CBP continues to improve the travel experience and reduce wait times while enforcing over 400 laws for 40 other agencies and stopping thousands of violators of U.S. law.
Travel volumes continue to rebound globally from pandemic lows. Travelers arriving by air into the United States increased 20% from June 2022 to June 2023, and pedestrians arriving by land at ports of entry increased 12% over the same period. Passenger vehicles processed at ports of entry increased 11% and commercial trucks increased 2% from June 2022 to June 2023.
CBP works diligently with the trade community and port operators to ensure that merchandise is cleared as efficiently as possible, and to strengthen international supply chains and improve border security. In June 2023, CBP processed more than 3.1 million entry summaries valued at more than $278 billion. CBP identified an estimated $7 billion of duties to be collected by the U.S. government. In June, trade via the ocean environment accounted for 39.5% of the total import value, followed by air, truck, and rail.
View more travel statistics, and trade statistics.
CBP One App
The CBP One mobile application remains a key component of DHS efforts to incentivize migrants to use lawful and orderly processes and disincentivize attempts at crossing between ports of entry. In June, more than 38,000 individuals who scheduled appointments through the CBP One app were processed at a point of entry.
Since the appointment scheduling function in CBP One was introduced in January through the end of June, more than 170,000 individuals have successfully scheduled appointments to present at a port of entry using CBP One. The top nationalities who have scheduled appointments are Haitian, Mexican, and Venezuelan. Beginning on July 1, CBP announced the expansion of available appointments for noncitizens through the CBP One app from 1,250 to 1,450 per day.
Protecting Consumers and Eradicating Forced Labor from Supply Chains
CBP continues to lead U.S. government efforts to eliminate goods from the supply chain made with forced labor from the Xinjiang Uyghur Autonomous Region of China.
In the year after the agency began implementing the Uyghur Forced Labor Prevention Act on June 21, 2022, CBP has reviewed a total of nearly 4,300 shipments valued at nearly $1.4 billion. In June 2023, CBP stopped 405 shipments valued at more than $239 million for further examination based on the suspected use of forced labor.
Intellectual property rights violations continue to put America’s innovation economy at risk. Trade in counterfeit and pirated goods threaten the competitiveness of U.S. businesses, the livelihoods of American workers, and the health and safety of consumers. In June, CBP seized 1,709 shipments that contained counterfeit goods valued at more than $120 million.
View more UFLPA enforcement statistics, and intellectual property rights enforcement statistics.
Defending our Nation’s Agricultural System
Through targeting, detection, and interception, CBP agriculture specialists work to prevent threats from entering the United States.
In June 2023, CBP issued 5,400 emergency action notifications for restricted and prohibited plant and animal products entering the United States. CBP conducted 97,101 positive passenger inspections and issued 678 civil penalties and/or violations to the traveling public for failing to declare prohibited agriculture items.
View more agricultural enforcement statistics.
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Amazon Agrees to Injunctive Relief and $25 Million Civil Penalty for Alleged Violations of Children’s Privacy Law Relating to Alexa - U.S. Department of Justice
The Justice Department, together with the Federal Trade Commission (FTC), today announced that Amazon.com Inc. and its wholly-owned subsidiary Amazon.com Services LLC (collectively Amazon), have agreed to a permanent injunction and a $25 million civil penalty as part of a settlement to resolve alleged violations of the Children’s Online Privacy Protection Act (COPPA), the Children’s Online Privacy Protection Rule (COPPA Rule) and the Federal Trade Commission Act (FTC Act) relating to Amazon’s voice assistant service Alexa.
Alexa is a proprietary voice-activated service that Amazon provides through its Echo smart speakers, its “Alexa App” mobile application, and other devices and applications. Since May 2018, Amazon’s Alexa-related offerings have included voice-activated products and services directed toward children under 13 years of age. When a user makes a verbal request of an Alexa-enabled device, Amazon saves the voice recording of the request and creates a written transcript of it.
In a complaint filed in the U.S. District Court for the Western District of Washington, the government alleges that, since at least May 2018, Amazon violated the FTC Act, COPPA and the COPPA Rule with respect to Alexa and Alexa’s child-directed offerings. The complaint alleges that Amazon retained children’s voice recordings indefinitely by default, in violation of COPPA’s requirement that these recordings be retained only as long as reasonably necessary to fulfill the purposes for which they were collected. Other alleged violations include making deceptive representations that Alexa app users could delete their or their children’s voice recordings, including audio files and transcripts and their geolocation information, when in fact Amazon on some occasions failed to delete all such information at users’ request. The complaint also alleges that Amazon engaged in unfair privacy practices with respect to Alexa users’ geolocation information and voice recordings, including (in some instances) by failing to honor users’ deletion requests and failing to notify consumers that it had not done so.
The stipulated order entered today by the federal district court requires Amazon to pay $25 million in civil penalties. The order imposes injunctive relief that requires Amazon to identify and delete inactive child profiles (profiles that have not been used for 18 months) unless a parent requests that they be retained. Amazon also will notify parents whose children have accounts of this change to its policies. The order further prohibits Amazon from making misrepresentations about Amazon’s retention, access to or deletion of geolocation information or voice information, including children’s voice information, and mandates deletion of geolocation information, voice information, and children’s personal information upon the request of the user or parent, respectively. Finally, the order requires Amazon to make disclosures to consumers relating to its retention and deletion practices regarding Alexa App geolocation information and voice information.
“Today’s settlement reflects the department’s dedication to protecting children online,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department and the FTC are committed to working together to ensure that companies do not misrepresent to parents how children’s personal information is handled, retained, or deleted, and do not retain that information for longer than reasonably necessary.”
“Amazon’s history of misleading parents, keeping children’s recordings indefinitely, and flouting parents’ deletion requests violated COPPA and sacrificed privacy for profits,” said Director Samuel Levine 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.”
“Parents want and deserve to have control over data related to their young children – this includes recordings of the child’s voice, the child’s location, and the questions the child asks an Alexa device,” said Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington. “Some may be delighted to have those recordings saved for sentimental reasons – but that needs to be the parent’s choice – not a decision made by Amazon. This settlement requires Amazon to provide notice to parents with ways they can select whether and how that data is retained.”
This matter was handled by Senior Trial Attorney James T. Nelson and Assistant Directors Lisa Hsiao and Rachael Doud of the Civil Division’s Consumer Protection Branch, Assistant U.S. Attorney Kayla Stahman for the Western District of Washington and Elisa Jillson, Andrew Hasty and Julia Horowitz of the FTC.
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FTC and DOJ Seek Comment on Draft Merger Guidelines - Federal Trade Commission
Today (7/19/23), the Federal Trade Commission and the Department of Justice are releasing a draft update of the Merger Guidelines, which describe and guide the agencies’ review of mergers and acquisitions to determine compliance with federal antitrust laws. The goal of this update is to better reflect how the agencies determine a merger’s effect on competition in the modern economy and evaluate proposed mergers under the law. Both agencies encourage the public to review the draft and provide feedback through a public comment period that will last 60 days.
“Open, competitive, resilient markets have been a bedrock of America’s economic success and dynamism throughout our nation’s history. Faithful and vigorous enforcement of the antitrust laws is key to maintaining that success,” said FTC Chair Lina M. Khan. “With these draft Merger Guidelines, we are updating our enforcement manual to reflect the realities of how firms do business in the modern economy. Informed by thousands of public comments—spanning healthcare workers, farmers, patient advocates, musicians, and entrepreneurs—these guidelines contain critical updates while ensuring fidelity to the mandate Congress has given us and the legal precedent on the books.”
“Unchecked consolidation threatens the free and fair markets upon which our economy is based,” said Attorney General Merrick B. Garland. “These updated Merger Guidelines respond to modern market realities and will enable the Justice Department to transparently and effectively protect the American people from the damage that anticompetitive mergers cause.”
“Competitive markets and economic opportunity go hand in hand. Today, we are issuing draft guidelines that are faithful to the law, which prevents mergers that threaten competition or tend to create monopolies. As markets and commercial realities change, it is vital that we adapt our law enforcement tools to keep pace so that we can protect competition in a manner that reflects the intricacies of our modern economy. Simply put, competition today looks different than it did 50 — or even 15 — years ago.” said Assistant Attorney General Jonathan Kanter of the Antitrust Division. “There will be a substantial process for public to review and provide comments before we finalize these guidelines.”
The agencies protect competition through enforcement of the antitrust laws and other federal competition statutes. Since 1968, the agencies have issued and revised merger guidelines to enhance transparency and promote awareness of how the agencies carry out that charge with respect to mergers and acquisitions.
The draft guidelines build upon, expand, and clarify frameworks set out in previous versions. At the outset, the guidelines give an overview of thirteen principles that the agencies may use when determining whether a merger is unlawfully anticompetitive under the antitrust laws. These guidelines are not mutually exclusive, and a given merger may implicate multiple guidelines. The document then describes in greater depth the frameworks and tools that may be used when analyzing a merger with respect to each guideline.
The thirteen guidelines are: See