Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On July 28, 2023, Brooklyn Bedding LLC; Carpenter Company; Corsicana Mattress Company; FXI, Inc.; Kolcraft Enterprises, Inc.; Leggett & Platt, Incorporated; Serta Simmons Bedding, Inc.; Southerland Inc.; Tempur Sealy International, Inc.; the International Brotherhood of Teamsters; and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (“USW”) filed petitions for the imposition of antidumping and countervailing duties on imports of Mattresses from Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan. The petition alleges dumping margins of 43% to 1094%. The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.
The products covered by these petitions are all types of youth and adult mattresses. The term “mattress” denotes an assembly of materials that at a minimum includes a “core,” which provides the main support system of the mattress, and may consist of innersprings, foam, other resilient filling, or a combination of these materials. Mattresses also may contain (1) “upholstery,” the material between the core and the top panel of the ticking on a single-sided mattress, or between the core and the top and bottom panel of the ticking on a double-sided mattress; and/or (2) “ticking,” the outermost layer of fabric or other material (e.g., vinyl) that encloses the core and any upholstery, also known as a cover.
The scope of these petitions is restricted to only “adult mattresses” and “youth mattresses.” “Adult mattresses” are frequently described as “twin,” “extra-long twin,” “full,” “queen,” “king,” or “California king” mattresses. “Youth mattresses” are typically described as “crib,” “toddler,” or “youth” mattresses. All adult and youth mattresses are included regardless of size and size description. The petition provides additional detailed scope description and specific product exclusions.
The products subject to these petitions are currently classifiable under HTSUS subheadings: 9404.21.0010, 9404.21.0013, 9404.21.0095, 9404.29.1005, 9404.29.1013, 9404.29.1095, 9404.29.9085, 9404.29.9087, 9404.29.9095. Products subject to these petitions may also enter under HTSUS subheadings: 9401.41.0000, 9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to these petitions is dispositive.
The projected date of International Trade Commission’s Preliminary Conference is August 18, 2023. The earliest theoretical date for retroactive suspension of liquidation for AD is October 6, 2023; and for CVD is August 17, 2023.
Please feel free to contact one of our attorneys for further information, including the full scope description, 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.
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Forced Labor Enforcement Task Force Publishes Updated Uyghur Forced Labor Prevention Act Strategy - U.S. International Trade Representative
WASHINGTON – Today (8/01/23), the Forced Labor Enforcement Task Force (FLETF) published an updated Uyghur Forced Labor Prevention Act (UFLPA) Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China.
The updated UFLPA Strategy highlights enforcement of the UFLPA’s rebuttable presumption, which prohibits goods from being imported into the United States that are either produced in Xinjiang, or by entities identified on the UFLPA Entity List, unless the importer can prove, by clear and convincing evidence, the goods were not produced with forced labor. In the first year of enforcement under the new law, U.S Customs and Border Protection (CBP) reviewed more than 4,000 shipments valued at over $1.3 billion.
Additionally, the strategy highlights an expanded UFLPA Entity List, which as of August 2, 2023 will include four new companies. Goods produced by Xinjiang Zhongtai Chemical Co., Ltd., Ninestar Corporation, including eight of its Zhuhai-based subsidiaries, Camel Group Co., Ltd., and Chenguang Biotech Group Co., Ltd., including one subsidiary, will be restricted from entering the United States because of their work with the PRC government to recruit, transport, transfer, harbor or receive forced labor or members of persecuted groups, including Uyghur minorities, out of the Xinjiang Uyghur region.
“The Forced Labor Enforcement Task Force represents a whole-of-government effort to implement the Uyghur Forced Labor Prevention Act. Today’s additions demonstrate the United States’ unwavering commitment to eliminating forced labor, including by ensuring that goods made by forced labor are not imported into our country,” said Ambassador Katherine Tai. “The Office of the United States Trade Representative will continue to work with our interagency task force partners to implement this legislation and eliminate forced labor from our supply chains.”
The FLETF, chaired by the Department of Homeland Security, leads efforts to monitor implementation of the UFLPA and the broader U.S. law prohibiting the importation into the United States of goods made wholly or in part with forced labor. In addition to the Department of Homeland Security, the FLETF is comprised of seven member agencies: the Office of the United States Trade Representative and the Departments of Labor, State, Treasury, Justice, and Commerce.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Monosodium Glutamate From the Republic of Indonesia: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Prestressed Concrete Steel Wire Strand From Mexico: Initiation of Circumvention Inquiry on the Antidumping Duty Order
• Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review, 2021
• Citric Acid and Certain Citrate Salts From Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Steel Nails From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022
• Common Alloy Aluminum Sheet From Germany: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation, in Part, of the Antidumping Duty Order
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders, in Part
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Certain Softwood Lumber Products From Canada: Final Results and Final Rescission, in Part, of the Countervailing Duty Administrative Review; 2021
• Certain Softwood Lumber Products From Canada: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Forged Steel Fittings From China, Italy, and Taiwan; Institution of Five-Year Reviews
• Agency Information Collection Activities; Proposals, Submissions, and Approvals Carbazole Violet Pigment 23 From India: Initiation of Countervailing Duty New Shipper Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: [C-533-825] HEADPolyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission of Administrative Review; 2021
• Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021
• Decision on Application for Duty-Free Entry of Scientific Instruments: The Association of Universities for Research in Astronomy; Notice of Decision on Application for Duty-Free Entry of Scientific Instruments
• Investigations; Determinations, Modifications, and Rulings, etc.: Carbon and Certain Alloy Steel Wire Rod from Belarus, Italy, Russia, South Africa, South Korea, Spain, Turkey, Ukraine, the United Arab Emirates, and the United Kingdom
• Emulsion Styrene-Butadiene Rubber From Brazil, Mexico, Poland, and South Korea; Determinations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2020-2021
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Large Power Transformers From the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2021-2022
• Certain Collated Steel Staples From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
• Xanthan Gum From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, Partial Rescission of the Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2021-2022
• Oil Country Tubular Goods From Ukraine: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Steel Nails From Taiwan: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, Preliminary Determination of No Reviewable Sales, and Partial Rescission of Review; 2021-2022
• Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
• Passenger Vehicle and Light Truck Tires From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Polyethylene Terephthalate Film, Sheet, and Strip From India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Gas Powered Pressure Washers From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Preliminary Affirmative Critical Circumstances Determination, in Part, Postponement of Final Determination, and Extension of Provisional Measures
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Mattresses From Bosnia and Herzegovina, Bulgaria, Burma, India, Indonesia, Italy, Kosovo, Mexico, Philippines, Poland, Slovenia, Spain, and Taiwan; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Welded Line Pipe From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review in Part; 2020-2021
• Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2021-2022
• Certain Steel Nails From Malaysia: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof; Notice of Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of Investigation
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DHS Announces Two Additional PRC-Based Companies as a Result of Forced Labor Enforcement - Department of Homeland Security
DHS Announces Two Additional PRC-Based Companies as a Result of Forced Labor Enforcement
WASHINGTON – Today, the U.S. Department of Homeland Security (DHS) announced new enforcement actions to eliminate the use of forced labor practices in the U.S. supply chain and promote accountability for the ongoing genocide and crimes against humanity against Uyghurs and other religious and ethnic minority groups in the Xinjiang Uyghur Autonomous Region. The interagency Forced Labor Enforcement Task Force (FLETF), chaired by DHS, added two People’s Republic of China (PRC)-based companies to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List.
Effective August 2, 2023, goods produced by Camel Group Co., Ltd. and Chenguang Biotech Group Co., Ltd. and its subsidiary Chenguang Biotechnology Group Yanqi Co. Ltd. will be restricted from entering the United States as a result of the companies’ participation in business practices that target members of persecuted groups, including Uyghur minorities in the PRC. Camel Group Co., Ltd. is headquartered in Xiangyang City, Hubei Province, PRC and is among China’s largest lead-acid battery manufacturers. Chenguang Biotech Group Co., Ltd. is headquartered in Handan, Hebei province and produces plant-based extracts, food additives, natural dyes, pigments, and supplements from agricultural products; its subsidiary Chenguang Biotechnology Group Yanqi Co. Ltd. is located in the Xinjiang Uyghur Autonomous Region. DHS will publish the revised UFLPA Entity List as an appendix to a Federal Register notice.
“Today’s enforcement actions demonstrate the Biden-Harris Administration’s commitment to holding organizations accountable for their egregious human rights abuses and forced labor practices,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We will continue to work with all of our partners to keep goods made with forced labor from Xinjiang out of U.S. commerce while facilitating the flow of legitimate trade.”
Today’s announcement brings the total number of entities designated on the UFLPA Entity List to 24 companies. The UFLPA, signed into law by President Biden in December 2021, prohibits goods from being imported into the United States that are either produced in Xinjiang, or by entities identified on the UFLPA Entity List, unless the Commissioner of U.S. Customs and Border Protection (CBP) determines, by clear and convincing evidence, that the goods were not produced with forced labor. CBP began enforcing the UFLPA in June 2022. Since then, CBP has reviewed more than 4,600 shipments valued at more than $1.64 billion under the UFLPA. The FLETF —which also includes the Office of the U.S. Trade Representative and the U.S. Departments of Labor, State, the Treasury, Justice and Commerce— will continue to consider designations to the UFLPA Entity List.
In addition to today’s announcement, DHS is releasing the 2023 Updates to the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China as required by Congress. The DHS Office of Strategy, Policy, and Plans; CBP; and U.S. Immigration and Customs Enforcement (ICE) are leading the Department’s efforts to change importers’ behavior and hold perpetrators accountable for egregious forced labor abuses as outlined in the strategy.
“The Forced Labor Enforcement Task Force continues to send a strong message to industry that the United States will not tolerate forced labor in our supply chains and that we will always stand up against cruel and inhumane labor practices,” said the Chair of the Forced Labor Enforcement Task Force, Under Secretary for Policy Robert Silvers. “We are committed to the eradication of forced labor around the world.”
You can read more about the FLETF by visiting: www.dhs.gov/uflpa
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CBP Officers in Louisville Intercept 130 Designer Watches Worth $4.24 Million - U.S. Customs & Border Protection
LOUISVILLE, Ky — One of the most common counterfeited items seized by U.S. Customs and Border Protection (CBP) officers are watches, and one of the main shipping hubs located in Louisville sees their fair share. In the month of July, CBP officers seized several shipments of counterfeit designer watches, if genuine, would have a Manufacturer’s Suggest Retail Price (MSRP) of over $4.24 million.
CBP officers in Louisville seized a total of nine shipments originating from Hong Kong containing 130 counterfeit watches. CBP’s trade experts at the Centers of Excellence and Expertise determined all of the watches were counterfeit. The watches displayed logos belonging to Rolex, Omega, Patek Philippe, Hubolt, Cartier, Bvlgari, and Audemars Piguet.
Most of the shipment were heading to Florida and other locations, but all watches were seized for infringing on protected trademarks. CBP has the authority to prevent shipments of counterfeit goods from entering the country and considers the protection of intellectual property rights a Priority Trade Issue. On a typical day in fiscal year 2022, CBP seized $8 million worth of products with Intellectual Property Rights violations.
“This is just another example of the work our officers do to protect consumers and the U.S. economy,” said LaFonda D. Sutton-Burke, Director, Field Operations, Chicago Field Office. “As consumers increasingly purchase from online or third-party vendors, our officers are at the frontline to guard against defrauders expecting to make money selling fake merchandise.”
The illicit trafficking of counterfeit goods offers criminals a complementary source of income and a way through which they can launder money. Additionally, monies received from the sale of counterfeit products can be channeled towards the further production of fake goods or other illicit activities. Additionally, counterfeiting is a hugely profitable business, with criminals relying on the continued high demand for cheap goods coupled with low production costs.
Last fiscal year, counterfeit handbags/wallets, watches, and jewelry made up the top three seized counterfeit products by CBP based on the MSRP, respectively. Last fiscal year, CBP seized 153,810 counterfeit watches, if genuine, would have had a MSRP over $596 million.
Nationwide in Fiscal Year 2022, CBP seized over 24.5 million shipments of IPR violations. Had the goods been genuine they would have been worth just shy of $3 billion dollars. CBP protects citizens from unsafe and substandard products by seizing merchandise infringing on trademarks and copyrights recorded with CBP through the e-Recordation program https://iprr.cbp.gov/s/. CBP has established an educational initiative to raise consumer awareness about the consequences and dangers often associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at https://www.cbp.gov/FakeGoodsRealDangers.
CBP encourages anyone with information about counterfeit merchandise illegally imported into the United States to submit an e-Allegation. The e-Allegation system provides a means for the public to anonymously report to CBP any suspected violations of trade laws or regulations related to the importation of goods in the U.S.
CBP’s border security mission is led at 328 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.
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FDA Announces FY2024 User Fee Rates Under the Food Safety Modernization Act for the Voluntary Qualified Importer Program and the Accredited Third-Party Certification Program - Food & Drug Administration
The U.S. Food and Drug Administration (FDA) is announcing the fiscal year (FY) 2024 user fee rates for importers approved to participate in the Voluntary Qualified Importer Program (VQIP) and accreditation and certification bodies interested in participating in the Accredited Third-Party Certification Program (TPP). The user fee rates are authorized by the FDA Food Safety Modernization Act (FSMA) and allow the agency to assess and collect fees to cover the FDA’s cost of administering these programs.
VQIP is a voluntary, fee-based program for the expedited review and importation of foods from importers who achieve and maintain a high level of control over the safety and security of their supply chains.
The FY2024 VQIP user fee rate will be effective on August 1, 2023, and supports program benefits from October 1, 2023, through September 30, 2024. Currently, the agency is not offering an adjusted fee for small businesses. Approved VQIP applicants must pay the user fee before October 1, 2023, to begin receiving benefits for the 2024 fiscal year.
TPP is a voluntary program in which FDA recognizes “accreditation bodies” that may accredit third-party “certification bodies.” The certification bodies can conduct food safety audits and issue certifications of foreign food facilities.
The FY2024 TPP user fee rate will be effective on October 1, 2023, and will remain in effect through September 30, 2024.
Please direct any questions regarding VQIP to the VQIP Importers Help Desk at 1-301-796-8745 or FSMAVQIP@fda.hhs.gov. Questions regarding TPP can be sent to FDAthirdpartyprogram@fda.hhs.gov. You can also subscribe to receive updates about the U.S. Import programs, policies and regulations.