Commerce Announces Final Determination In Add/Cvd Circumvention Investigation of Solar Products Produced In Cambodia, Malaysia, Thailand and Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On August 18, 2023, the Department of Commerce (“DOC”) announced its final decision in its circumvention investigation on Solar Products containing Chinese components (e.g., wafers and other inputs) further processed in Cambodia, Malaysia, Thailand, and Vietnam (“CMTV”). The investigation found that certain exports of Solar Products from these countries are circumventing the China Solar I Antidumping Duty Order (“ADD” – A-570-979) and Countervailing Duty Order (“CVD” – C-570-980) (“the Orders”). This decision expands the scope of the Orders to include (with certain exceptions discussed below) cells/modules exported from CMTV whose wafers are made in China. Previously, these cells/modules had been excluded from the Orders assuming their cells had not been doped in China.
Certain important aspects of this decision follow.
• Pursuant to a Presidential Proclamation dated June 6, 2022, the DOC has suspended collection and assessment of Solar I ADD/CVD on cells/modules subject to the Circumvention inquiry which are entered for consumption between 11/16/2022 and 6/5/2024, provided that these cells/modules are utilized in the United States within 180 days of 6/5/2024. There are a number of technical requirements that must be met to be eligible for this temporary exemption from ADD/CVD duties.
• Cells and modules are not circumventing the Orders where they are produced from non-Chinese origin wafers
• Modules are not circumventing the Orders where they contain wafers produced in China provided that no more than two of the following components are produced in China: (1) silver paste; (2) aluminum frames (3) glass; (4) back sheets; (5) ethylene vinyl acetate sheets; and (6) junction boxes.
• Three companies were found not to be circumventing the Orders: Hanwha (Malaysia), Jinko (Malaysia), Boviet (Vietnam). Jinko was represented by GDLSK in the proceeding.
• To avoid having to deposit ADD/CVD, companies importing solar products from these four countries must file Certifications establishing that the cells/modules qualify for an exemption from the . The certifications have a number of technical requirements. Failure to timely file the Certifications can result in CBP suspending liquidation of the entries and requiring deposit of the applicable ADD/CVD.
• Certain companies are subject to adverse facts available (“AFA”). Products from these companies will not be eligible for the component content certifications. A list of the AFA companies is available upon request.
• Entries of solar products from Cambodia, Malaysia, Thailand and Vietnam subject to the Orders by reason of the Circumvention decision will be assessed at the China-wide entity ADD rate (238.95%) unless either: (1) the relevant cell or module exporter from Cambodia, Malaysia, Thailand, or Vietnam has its own company-specific ADD and/or CVD rate under the Orders or; (2) if it does not, the Chinese company that exported the wafers to CMTV has its own company-specific ADD and/or CVD rate under the Orders.
If you have any questions regarding the Circumvention determination, the Certification requirements, or the applicability to particular imports, please contact one of our attorneys.
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Scam Alert - US Drug Enforcement Administration
The Drug Enforcement Administration is warning the public of a widespread fraud scheme in which scammers impersonate DEA agents in an attempt to extort money or steal personal identifiable information.
DEA personnel will never contact members of the public or medical practitioners to demand money or any other form of payment, will never request personal or sensitive information, and will only notify people of a legitimate investigation or legal action in person or by official letter. In fact, no legitimate federal law enforcement officer will demand cash or gift cards from a member of the public. You should only give money, gift cards, personally identifiable information, including bank account information, to someone you know.
Anyone receiving a call from a person claiming to be with DEA should report the incident to the FBI at www.ic3.gov. The Federal Trade Commission provides recovery steps, shares information with more than 3,000 law enforcement agencies and takes reports at reportfraud.ftc.gov.
For any victims who have given personally identifiable information like a social security number to the caller, can learn how to protect against identity theft at http://www.identitytheft.govwww.identitytheft.gov.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Softwood Lumber Products From Canada: Final Results of Antidumping Duty Changed Circumstances Review
• Utility Scale Wind Towers From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Photovoltaic Connectors and Components Thereof; Notice of a Commission Determination Not To Review Initial Determinations Amending the Complaint and Notice of Investigation and Setting a 17-Month Target Date
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polyethylene Terephthalate Film, Sheet, and Strip From India: Initiation of Antidumping Duty Changed Circumstances Review; Garware
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Tin Mill Products From Germany: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Critical Circumstances Determination, Postponement of Final Determination, and Extension of Provisional Measures
• Tin Mill Products From Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
• Tin Mill Products From the United Kingdom: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
• Tin Mill Products From the Republic of Turkey: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
• Tin Mill Products From Taiwan: Preliminary Negative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, and Postponement of Final Determination
• Tin Mill Products From the Republic of Korea: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
• Tin Mill Products From the Netherlands: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
• Tin Mill Products From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Mattresses From Indonesia: Initiation of Countervailing Duty Investigation
• Certain Small Diameter Seamless Carbon and Alloy Standard, Line and Pressure Pipe From Germany: Continuation of Antidumping Duty Order
• Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Scope Determination and Final Affirmative Determinations of Circumvention With Respect to Cambodia, Malaysia, Thailand, and Vietnam
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Certain Alloy Steel Wire Rod From Belarus, Italy, the Republic of Korea, the Russian Federation, the Republic of South Africa, Spain, the Republic of Turkey, Ukraine, the United Arab Emirates, and the United Kingdom: Continuation of Antidumping Duty Orders
• Antidumping and Countervailing Duty Orders on Certain Collated Steel Staples From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention With Respect to the Kingdom of Thailand and the Socialist Republic of Vietnam
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Nails From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
• Light-Walled Rectangular Pipe and Tube From the People's Republic of China: Final Results of the Antidumping Duty Administrative Review; 2021-2022
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ITA - Office of Textile & Apparel: Announcements - International Trade Administration / OTEXA
08/17/2023 – The interagency Trade Policy Staff Committee is seeking public comment to assist the Office of the United States Trade Representative in the preparation of its annual report to Congress on China’s compliance with its obligations as a Member of the World Trade Organization. Written comments, requests to testify, and written testimony are due by September 20. A public hearing is scheduled for October 4. See Federal Register notice 88 FR 56117 for more information.
08/16/2023 – The interagency Trade Policy Staff Committee is seeking public comment to assist the Office of the United States Trade Representative in the preparation of its annual report to Congress on Russia’s implementation of its obligations as a Member of the World Trade Organization. Written comments, requests to testify, and written testimony are due by September 20. A public hearing is scheduled for October 12. See Federal Register notice 88 FR 53576 for more information.
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Cincinnati CBP Seizes 100 Shipments Containing Counterfeit MLB, MLS, NFL Merchandise - U.S. Customs & Border Protection
CINCINNATI –- During a one-week period in July, U.S. Customs and Border Protection (CBP) officers intensified inspections on incoming shipments moving through the Cincinnati Port of Entry. On July 10-14, during Special Operation Home Plate, officers focused enforcement efforts on counterfeit merchandise bearing protected brands or trademarked logos of teams within Major League Baseball (MLB), Major League Soccer (MLS), and the National Football League (NFL).
Cincinnati CBP officers seized 100 shipments containing counterfeit merchandise with a total Manufacturer’s Suggested Retail Price (MSRP) of $155,919. An additional 34 shipments were abandoned by the importers. Most of the products originated from China and Hong Kong, but officers also seized shipments imported from Mexico, Guatemala, and Canada. CBP’s Centers of Excellence and Expertise provided support via import specialists trained to identify infringing merchandise and valuate products should they have been genuine.
“This operation helps CBP protect U.S. citizens and economic interests and supports the agency’s mission of enhancing the nation’s economic prosperity,” said Cincinnati Port Director Norma Porco. “Our officers are trained to identify and interdict high-risk packages containing fraudulent and illegal merchandise, especially for priority trade issues such as intellectual property rights enforcement.”
In Fiscal Year 2022, the People’s Republic of China remained the primary source economy for counterfeit and pirated goods seized in the U.S., accounting for a total estimated MSRP value of almost $1.8 billion (USD) or approximately 60% of the total estimated MSRP value of all IPR seizures.
“Legal trade is the backbone of American revenue, and illicit and counterfeit products often fund criminal activity,” said Director of Field Operations for the Chicago Field Office, LaFonda D. Sutton-Burke. “CBP continues to mitigate risks posed by illegal imports such as these by protecting the intellectual property rights of Americans and American businesses.”
CBP has established an educational initiative to raise consumer awareness about the consequences and dangers that are often associated with the purchase of counterfeit and pirated goods. The economic impacts of counterfeit goods are real and translates to lost profits and jobs over time. Information about the Truth Behind Counterfeits public awareness campaign can be found at https://www.cbp.gov/FakeGoodsRealDangers.
The e-Allegations program provides an electronic portal through which the trade community and the public can report suspected trade violations to CBP. The e-Allegations process enables CBP, in collaboration with partner government agencies, to protect the nation’s economy from the effects of unfair trade practices and guard against the entry of products posing a threat to health and safety.
CBP conducts operations at ports of entry and export throughout the United States, and regularly screens inbound and outbound international passengers and cargo for narcotics, weapons, and other restricted or prohibited products. CBP strives to serve as the premier law enforcement agency enhancing the nation’s safety, security, and prosperity through collaboration, innovation, and integration.
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CBP Agriculture Specialists Discover First-in-Nation Pest in San Diego - U.S. Customs & Border Protection
OTAY MESA, Calif., – U.S. Customs and Border Protection agriculture specialists assigned to the Otay Mesa cargo facility intercepted a rare pest while inspecting a cargo shipment on July 19 when a shipment containing pocket leaves arrived at the facility. A CBP officer referred the driver and cargo for an intensive agriculture inspection during the initial inspection of the shipment.
CBP agriculture specialists discovered an unusual insect within the pocket leaves while inspecting the cargo. The pest was submitted to the United States Department of Agriculture’s Animal and Plant Health Inspection Service for further identification. Agriculture specialists, using appropriate precautionary measures, then returned the shipment and driver to Mexico.
A final identification of the pest was made August 3 as Rhabdotalebra signata. This species has not been recorded in the USDA pest identification database, qualifying this discovery as a first across all ports in the nation. The impressive find demonstrates CBP’s efforts to prevent invasive species from entering the United States.
“It is truly a remarkable achievement discovering a first-of-its-kind pest in our nation. Our agriculture specialists’ role will continue to aid in safeguarding our environment and agriculture,” stated Rosa Hernandez, Otay Mesa Port Director.
People and industries who wish to import flowers, plant materials, and other agricultural items should visit the Bringing Agricultural Products into the United States section of CBP’s website for ways to prevent conveyance contamination. CBP encourages travelers to declare all agricultural items to a CBP officer upon arrival.
Follow the Director of CBP’s San Diego Field Office on Twitter at @DFOSanDiegoCA for breaking news, current events, and more.
U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the comprehensive management, control, and protection of our nation’s borders, combining customs, immigration, border security, and agricultural protection at and between official ports of entry.
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CBP, FWS Seize Seahorses, Snakes, Snake Oil, and Prohibited Pork Products at Dulles Airport - U.S. Customs & Border Protection
STERLING, Va. – There’s never a dull moment for U.S. Customs and Border Protection agriculture specialists at Washington Dulles International Airport. Two recent seizures from travelers arriving from Vietnam helped to illustrate that point.
The first traveler, who arrived on August 1 and was destined to Fairfax, Va., was referred to a secondary baggage examination. CBP agriculture specialists and U.S. Fish and Wildlife Service (USFWS) inspectors discovered prohibited pork, but also found 77 dry seahorses, five jars of snail ointment, and five dead snakes.
The import of the seahorses, snakes, and snail ointment without the necessary permits or documentation violated several laws and regulations, including provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and the Lacey Act.
Additionally, uncertified pork products from Vietnam are prohibited by the U.S. Department of Agriculture due to the potential introduction of the dangerous African swine fever and swine vesicular disease.
The second traveler, who arrived on August 4 and was destined to San Francisco, was referred to a secondary baggage examination. CBP agriculture specialists and USFWS wildlife inspectors discovered four prohibited pork products and 50 small boxes of a commercial herbal liquid medicine that listed its ingredients as snake oil.
The USFWS regulates the importation of wildlife, including snake oil and other wildlife parts and products.
CBP agriculture specialists seized all prohibited products and turned them over to USFWS inspectors. The USFWS investigation continues.
“Though we may consider some animal-based products to be unusual, people in other parts of the world may consider them to be normal. However, travelers visiting the United States should understand that Customs and Border Protection is committed to protecting our nation’s agricultural industries and enforcing our wildlife and import laws which may result in the seizure of their animal-based products,” said Christine Waugh, CBP’s Acting Area Port Director for the Area Port of Washington, D.C. “CBP agriculture specialists continue to work side-by-side with our U.S. Fish and Wildlife Service partners to educate travelers by holding them accountable when they arrive with illegal or prohibited products.”
The Convention on International Trade in Endangered Species of Wild Fauna and Flora and the U.S. Endangered Species Act regulate the international trade in wildlife and animal-based products.
“Travelers can help protect wildlife and themselves by knowing what they are allowed to bring with them, whether traveling to or from the United States. All wildlife items that are imported to or exported from the U.S. — parts, products, or live animals — must be accompanied by proper documentation and declared,” said Ryan Noel, Special Agent in Charge for the U.S. Fish and Wildlife Service Office of Law Enforcement in the Northeast Region. “We are grateful for our close collaboration with partners like U.S. Customs and Border Protection to help prevent the exploitation of our fish and wildlife resources and safeguard public health through vigilance at our ports of entry.”
According to CITES, illicit wildlife trade remains an international concern and is the leading cause pushing certain species to extinction.
The international trade in wildlife is estimated to be in the billions of dollars. Animals and plants are being exploited for a wide variety of consumer goods, including live and taxidermied specimens, food products, jewelry, clothing and accessories, musical instruments, tourist souvenirs, and many more products. CITES is one of the major international cooperation agreements that regulates lawful wildlife trade with the goal to safeguard wildlife from over-exploitation.
The mission of the USFWS Office of Law Enforcement is to protect wildlife and plant resources through the effective enforcement of U.S. federal laws, regulations, and treaties. The Office of Law Enforcement regulates all movement of wildlife in, out and through the U.S.to combat wildlife trafficking, prevent the introduction and spread of invasive species, and promote the conservation of species internationally.
CBP's border security mission is led at our nation’s Ports of Entry by CBP officers and agriculture specialists from the Office of Field Operations. CBP screens international travelers and cargo and searches for illicit narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, invasive weeds and pests, and other illicit products that could potentially harm the American public, U.S. businesses, and our nation’s safety and economic vitality.
Learn what CBP accomplished during "A Typical Day" in 2022 and learn more about CBP at www.CBP.gov.