What Importers Need to Know About the DOC’s Antidumping and Countervailing Duty Investigations on Aluminum Extrusions - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The Department of Commerce has initiated expansive investigations into antidumping duty (ADD) and countervailing duty (CVD) on exports from 14 countries related to components containing aluminum extrusions. Any company importing components containing aluminum extrusions into the U.S. from these 14 counties could have a problem on their hands and not know it.
Our video highlights the discreet nature of these components, the countries involved (and their alleged dumping margins), and the inherent risks for importers.
What Importers Need to Know About the DOC’s Antidumping and Countervailing Duty Investigations on Aluminum Extrusions - GDLSK
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**Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Affirmative Determination of Circumvention With Respect to R-410A From the Republic of Turkey
• Antidumping Duty Order on Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Affirmative Determination of Circumvention With Respect to R-410A and R-407C From Malaysia
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Boltless Steel Shelving Units Prepackaged for Sale From India, Malaysia, Taiwan, Thailand, and Vietnam; Scheduling of the Final Phase of Antidumping Duty Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Aluminum Foil From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Common Alloy Aluminum Sheet From the People's Republic of China: Rescission of Circumvention Inquiry on the Antidumping Duty and Countervailing Duty Orders
• Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review, in Part; 2021
• Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Diameter Welded Pipe From the Republic of Canada: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2021
• Investigations; Determinations, Modifications, and Rulings, etc.: Non-Refillable Steel Cylinders From India; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Brass Rod From Israel: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Investigations; Determinations, Modifications, and Rulings, etc.: Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and Vietnam
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Final Results of the Expedited Fifth Sunset Review of Antidumping Duty Order
• Hearings, Meetings, Proceedings etc.: Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops
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DHS Designates Three Additional PRC-Based Companies to the UFLPA Entity List Announcements - Department of Homeland Security
Additions Bring UFLPA Entity List to 30 PRC-Based Companies
WASHINGTON – Today, the Department of Homeland Security (DHS) announced the addition of three People’s Republic of China (PRC)-based companies to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. DHS is taking these steps as part of its commitment to eliminating the use of forced labor practices in the U.S. supply chain and promoting accountability for the ongoing genocide and crimes against humanity against Uyghurs and other religious and ethnic minority groups in the Xinjiang Uyghur Autonomous Region (Xinjiang).
“The Department of Homeland Security remains committed to eradicating the use of forced labor and holding organizations accountable for their human rights abuses,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Since President Biden signed the Uyghur Forced Labor Prevention Act, DHS has prioritized enforcement, and we will continue to pursue companies that ignore the law and exploit those abused in the People’s Republic of China.”
The interagency Forced Labor Enforcement Task Force (FLETF), chaired by DHS, voted to add the three companies to the list and today’s announcement brings the total number of entities designated on the UFLPA Entity List to 30 companies.
“We have shown again through today’s enforcement actions that the United States will not tolerate forced labor in the goods that come into this country,” said the Under Secretary for Policy, Robert Silvers, who serves as Chair of the Forced Labor Enforcement Task Force. “Companies must conduct due diligence and know their supply chains. The interagency Forced Labor Enforcement Task Force will continue to designate entities known to violate our laws, and U.S. Customs and Border Protection will continue its vigilant enforcement at our ports.”
Effective December 11, 2023, goods produced by COFCO Sugar Holding Co. Ltd, Sichuan Jingweida Technology Group Co., Ltd., and Anhui Xinya New Materials 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.
DHS will publish the revised UFLPA Entity List as an appendix to a Federal Register notice.
COFCO Sugar Holding Co., Ltd., (COFCO Sugar) headquartered in Xinjiang, is a company that refines, produces, and imports sugar, and trades and produces various agricultural products, including sugar, fruit (including tomatoes), and vegetable processing. COFCO Sugar participated in government-sponsored poverty alleviation and cooperated with the local government to complete labor transfers. COFCO Sugar has visited the homes of persecuted minorities in a Xinjiang village for recruiting these persecuted minorities to work in one of its facilities. The FLETF determined that the activities of COFCO Sugar satisfy the criteria for addition to the UFLPA Entity List under Section 2(d)(2)(B)(ii) of the UFLPA.
Sichuan Jingweida Technology Group Co., Ltd., (Jingweida Technology) headquartered in Sichuan Province, PRC, is a company that produces magnetic devices including network transformers, network filters, power transformers, inductors, radio frequency filters, and other devices. Jingweida Technology is a documented participant in government-sponsored labor transfer programs. Jingweida Technology and the government of Awati County in Xinjiang worked together to transfer persecuted ethnic minorities from Awati County to Jingweida Technology. The FLETF determined that the activities of Jingweida Technology satisfy the criteria for addition to the UFLPA Entity List described in Section 2(d)(2)(B)(ii) of the UFLPA.
Anhui Xinya New Materials Co., Ltd., (Xinya New Materials) headquartered in Anhui Province, PRC, is a company that produces functional fibers, special fiber yarns, other textile materials made with hemp and materials made with cotton, wool, Tencel, and other products. Xinya New Materials worked with an established government-sponsored labor transfer program, Xinjiang Aid, to recruit and transfer persecuted minorities from Pishan County in Xinjiang to work in its facility in Anhui Province. The FLETF determined that the activities of Xinya New Materials satisfy the criteria for addition to the UFLPA Entity List under Section 2(d)(2)(B)(ii) of the UFLPA.
The UFLPA, signed into law by President Joseph R. Biden, Jr. 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 6,000 shipments valued at more than $2 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 future designations to the UFLPA Entity List.
Today's announcement is consistent with President Biden’s recent memorandum on advancing worker empowerment, rights, and high labor standards globally. The memorandum represents the first whole-of-government approach to advance workers’ rights by directing federal departments and agencies to elevate labor rights in their work abroad, which includes DHS’s work implementing the UFLPA.
Earlier this year, DHS released its Quadrennial Homeland Security Review which added combatting crimes of exploitation, including labor exploitation, as the newest and sixth DHS mission. As a result of continued prioritization combatting the introduction of forced labor into U.S. supply chains, the FLETF this year added 10 entities to the UFLPA Entity List.
You can read more about the FLETF by visiting: www.dhs.gov/uflpa.
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Readout of Secretary Mayorkas’s Roundtable with Supply Chain Executives on DHS’s Supply Chain Resilience Center - Department of Homeland Security
WASHINGTON – On Tuesday, December 12, Secretary of Homeland Security Alejandro N. Mayorkas hosted a roundtable with private sector stakeholders to discuss the Department of Homeland Security’s (DHS) newly announced Supply Chain Resilience Center (SCRC) and its role in securing American and global supply chains.
Secretary Mayorkas and Under Secretary for Strategy, Policy, and Plans Robert Silvers gave remarks and heard from key leaders representing some of the country’s leading transportation and logistics providers, manufacturers, retailers, and related associations. Secretary Mayorkas’s and Under Secretary Silvers’s opening remarks can be found here.
The discussion focused on goals for supply chain resilience amid global threats, climate events, and cyber risks. Secretary Mayorkas outlined how the SCRC will maximize DHS capabilities to identify and prevent these major disruptions. In addition, Under Secretary Silvers provided an overview of the SCRC’s first project: a review of our nation’s port security. The review will focus on cranes and other types of hardware equipment that may be subject to adverse foreign influence or control and develop a strategy with practical recommendations to address these challenges in a responsible, commercially practical way to ensure our ports can continue function every day.
Among stakeholders that attended included American Association of Port Authorities, Retail Industry Leaders Association, National Customs Brokers & Forwarders Association of America, and the Cargo Airline Association.
The National Customs Brokers & Forwarders Association of America (NCBFAA) provided the following statements of support after the meeting:
• “I express our association’s gratitude on being invited to collaborate with DHS on this high-level discussion regarding supply chain interruptions and how to better secure our supply chains. Critical infrastructure fundamentals are necessary to stay competitive in a 21st Century economy, and the development of the Supply Chain Resilience Center, as well as reaching out to the private sector via this meeting with Secretary Mayorkas, reflects the willingness of DHS to bring government and industry together to coordinate and address these challenges.” -NCBFAA President Jose D. (JD) Gonzalez.
• “I applaud the Administration’s initiative in the multi-department effort to minimize supply chain interruptions and create the Supply Chain Resilience Center. We were delighted for this opportunity to meet with Secretary Mayorkas to be briefed during the Supply Chain Roundtable and, at the same time, enhance the Administration’s overall understanding of freight forwarders and customs brokers and how the NCBFAA can assist and collaborate to minimize future supply chain interruptions.” -NCBFAA Transportation Committee Chair Geoff Powell.
The SCRC is a new U.S. government entity comprised of the federal workforce, designed to collaborate with the private sector to better secure our supply chains. It will analyze vulnerabilities, conduct scenario planning, and develop best practices with private sector stakeholders to help mitigate supply chain disruptions, ensure reliable and efficient deliveries of goods and services, and lower costs for the American people. The Biden-Harris Administration announced the SCRC in November, as part of the inaugural convening of the White House Council on Supply Chain Resilience and along with several initiatives to help strengthen supply chains and prevent future disruptions.
For more information about DHS’s Supply Chain Resilience Center, please visit https://www.dhs.gov/news/2023/11/27/biden-harris-administration-announces-supply-chain-resilience-center-protect-us
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CBP Offers Tips for Holiday Travel this Season - U.S. Customs & Border Protection
WASHINGTON — With the holiday travel season well underway, U.S. Customs and Border Protection is offering tips to will help make international travel safer and easier.
“Holiday travel is already reaching record levels this season, so we strongly encourage travelers to be ‘travel ready’ and use CBP’s various mobile apps to improve their safe travel experience,” said Troy A. Miller, CBP Senior Official Performing the Duties of the Commissioner. “These technological enhancements are integral parts of CBP’s efforts to improve the travel experience while maintaining safety for all travelers.”
Global Entry, the Trusted Traveler Program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States, now offers a mobile application that will allow members to begin their arrival processing before they even enter the federal inspection area. The Global Entry Mobile Application is currently available for use at 16 ports of entry.
Global Entry members can also use the new Global Entry Touchless Portals, now available at nearly all international airports across the United States. The portals reduce physical touchpoints and expedite arrival processing by eliminating paper receipts and protecting passenger privacy.
Travelers who are not Global Entry members may also opt for faster processing by using the free Mobile Passport Control (MPC) application. U.S. citizens, Canadian B1/B2 visitors, and, starting this December, returning travelers from Visa Waiver Program countries can download the app for use at 33 U.S. airports and 11 Preclearance locations. MPC users even have their own special line for arrival processing.
Additionally, as of June 2023, non-U.S. citizens from 41 Visa Waiver Program countries can use the new ESTA Mobile App, available in 25 languages, to apply for an ESTA authorization from their mobile devices.
For additional ways to “travel smart” when arriving at U.S. ports of entry, CBP offered the following tips:
• Enrollment on Arrival. Global Entry applicants who have not yet received an interview prior to their international trip may still opt for faster processing at select airports with Enrollment on Arrival (EoA). This initiative allows conditionally approved applicants to complete their interview upon returning to the U.S. without an appointment and with just the documents they would normally carry when traveling internationally.
• Prepare your documents. Before embarking on a trip to the United States or returning from an international trip, be sure you have a valid U.S. passport and identification card and be prepared to present them and other travel documents that may be requested by the CBP officer. Although a Global Entry card is not always required, Trusted Travelers are advised to carry their cards in case they are asked for it.
• Report your food, cash, and memorabilia. Both U.S. citizens and non-citizens must declare everything they bring into the United States from abroad, even if bought it in a duty-free shop. Some foods, merchandise, and total currency of $10,000 or more can be brought to the United States but must be declared on a U.S. CBP Customs form. Failure to do so can result in stiff financial penalties and loss of your possessions.
• Avoid counterfeits when traveling. Be cautious when buying from street vendors or questionable shops while on vacation. These items could support criminal activity, violate intellectual property rights, and can be unsafe for consumers. More information on intellectual property rights can be found here.
• Consider duty exemptions. Items brought abroad for personal use or as gifts are eligible for duty exemptions. If you are bringing them back for resale, they are not eligible for duty exemption. More information on duty exemptions can be found here.
• Consider your medications. Be aware of traveling with medications. Many foreign-made medications are not approved for United States use and are not permitted in the country. When traveling abroad, bring only the medication you will need, and make sure it is in the original container.
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CBP Shares Top Five Tips to Avoid Online Scams - U.S. Customs & Border Protection
With the end-of-the-year shopping season in full swing, consumers should be aware of the dangers of counterfeit products
WASHINGTON — With the holiday shopping season in full swing, U.S. Customs and Border Protection is cautioning consumers about counterfeit products sold by illegitimate sources over the internet and in underground outlets.
CBP seized over 23.2 million counterfeit items in fiscal year 2023 that, had they been genuine, would have had a manufacturer’s suggested retail price (MSRP) of over $2.8 billion. In Los Angeles Field Office alone, CBP officers and import specialists seized an estimated total manufacturer’s suggested retail price of over $952 million, had the goods been genuine, from October 1, 2022, to the end of August 2023. The most pirated items included wearing apparel, accessories, handbags, wallets, footwear, watches, jewelry, and consumer electronics.
“The rise of e-commerce offers a haven for criminals who are now able to hide behind seemingly legitimate listings on well-known websites, making it difficult to differentiate fakes from the real ones,” said CBP Senior Official Performing the Duties of the Commissioner Troy Miller. “In addition, consumers may not be aware that the money they pay often supports criminal activities, such as forced labor or human trafficking.”
This shopping season, CBP is offering the Top Five Tips to protect yourself and your family against online scams:
• Price: The most important red flag. Counterfeiters offer their fakes at a 50% to 70% discount to ensure a quick sale – if the price seems too good to be true, it probably is.
• Website: Analyze carefully – look for grammatical errors and misspellings. Look for foreign or suspicious URL and HTTP addresses.
• Fake Reviews: Counterfeiters may use false reviews to obtain an unfair advantage over legitimate businesses. E-commerce experts indicate that 30% to 40% of reviews are fabricated or non-genuine.
• Customer Service: Make sure the seller has a working U.S. phone number and a legitimate address in the U.S. We advise to contact customer service before making your purchase.
• Review CBP’s E-Commerce Counterfeit Awareness Guide for Consumers.
Inferior Quality
Counterfeit apparel, footwear, and handbags are often of inferior quality and may feature poor or uneven stitching, fragile fabrics, and improperly sized or designed logos. Peeling labels, low-quality ink, or printing errors on the packaging are also signs that products may not be legitimate.
Health and Safety
We often think of luxury products like bags or shoes when thinking of counterfeits but there are other categories of fakes that could pose health and safety risks for consumers. These include prohibited COVID-19 related products, pharmaceutical products, personal care products, dangerous toys, electrical extensions, adapters, creams, lotions, make-up, diet pills, aircraft, and auto parts, etc.
“Counterfeits are often produced under unsanitary conditions and through exploitative labor practices, which can ultimately pose serious health and safety risks to consumers,” said CBP Director of Los Angeles Field Operations Cheryl M. Davies. “Detecting, intercepting and seizing dangerous imports is our top priority.”
CBP continued to target and seize illegal imports of counterfeit, unapproved, or otherwise substandard COVID-19 related products that threatened the health and safety of American consumers nationwide in fiscal year 2022 (October 1, 2020 – September 30, 2022). These seizures included 270,135 Food and Drug Administration-prohibited COVID-19 test kits in 60 incidents, over 5.8 million counterfeit face masks in 142 incidents, and 23,653 Food and Drug Administration-prohibited hydroxychloroquine tablets in 95 incidents.
Not a Victimless Crime
When you purchase a counterfeit you expose your financial information, credit card, bank account numbers, and security codes to criminals.
In addition, counterfeit activities negatively impact American jobs, as counterfeiters may not pay taxes. This illegal practice also threatens America’s innovation economy by stealing intellectual property from creators and reducing the profits flowing to legitimate businesses that employ the American workforce.
Enforcement Approach
To deter the importation of illicit goods and protect U.S. consumers and businesses, CBP has developed a proactive, aggressive, and dynamic enforcement approach to Intellectual Property Right enforcement.
CBP and U.S. Immigration and Customs Enforcement-Homeland Security Investigations seized 20,812 shipments containing goods that violated intellectual property rights in fiscal year 2022, which equates to nearly 25 million counterfeit goods.
The total estimated manufacturer’s suggested retail price of the seized goods, had they been genuine, was over $2.98 billion. In fiscal year 2022, ICE-HSI arrested 255 individuals, obtained 192 indictments, and received 95 convictions related to intellectual property crimes.
Report Fraud
For more information about the risks associated with purchasing counterfeit goods, visit CBP’s Fake Goods, Real Dangers website and read CBP’s e-Commerce Awareness Guide. Additional tips for protecting your family from counterfeit goods are available at StopFakes.gov. Rights holders wishing to protect their brand from infringing imports should record their trademarks and copyrights with CBP at https://iprr.cbp.gov/.
Suspected intellectual property rights violations, fraud, or illegal trade activity can be reported by contacting CBP through the e-Allegations Online Trade Violations Reporting System or by calling 1-800-BE-ALERT. Violations can also be reported to the National Intellectual Property Rights Coordination Center at https://www.iprcenter.gov/referral/ or by telephone at 1-866-IPR-2060.
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Cincinnati CBP Intercepts Thousands of Fraudulent and Counterfeit Documents During Fiscal Year 2023 - U.S. Customs & Border Protection
CINCINNATI –- U.S. Customs and Border Protection officers in Cincinnati spent part of Fiscal Year 2023 (October 1, 2022 through September 30, 2023) intercepting and identifying more than 6,800 documents, a 219% increase over Fiscal Year 2022. The documents were counterfeit, fraudulent, stolen, or associated with known or suspected criminals or criminal activity.
“The ability to recognize a counterfeit or fraudulent document can assist law enforcement in numerous ways,” said Supervisory CBP Officer Jeremy Clark. “Identifying a key individual can help build a case or solve a crime.”
Documents shed light on illegal activity, piece together connections between criminal or suspect criminal entities and enterprises, and contribute to a better understanding of criminal actions linked to terrorists and traffickers. For example, the Cincinnati documents teams found many passports reported as lost or stolen by the International Criminal Police Organization (INTERPOL) and foreign government agencies. They also found altered vehicle titles and counterfeit drivers licenses and social security cards.
When officers intercepted a shipment of Bangladeshi and Brazilian identification documents, all subjects were determined to be living illegally in the U.S. Ultimately, the documents were connected to a member of a transnational criminal organization who was wanted by Brazilian Federal Police for various human smuggling and human trafficking crimes.
Other documents were destined to an individual with terrorist associations who had been smuggled into the U.S. This individual is currently in custody pending deportation.
Officers intercepted 70 shipments containing identification documents headed to Raul Saucedo-Huipio, who, along with human smuggler Ofelia Hernandez-Salas, charged migrants tens of thousands of dollars to illegally enter the U.S., often to be robbed by Salas and his cohorts. Hernandez-Salas and Saucedo-Huipo were arrested in March following large-scale U.S.-Mexico task force efforts involving INTERPOL, Fuerza Estatal de Seguridad Cuidadana (FESC), and Joint Task Force Alpha (JTFA).
“Our officers analyze documents on a daily basis and are familiar with global patterns and trends,” said Acting Assistant Area Port Director Eric Zizelman. “Their ability to detect fraudulent documents or make connections to illicit activity increases our ability to assist other law enforcement agencies and foreign governments to identify associates or locations of criminals or wanted persons.”
CBP shares relevant information with other U.S. and foreign government agencies to assist ongoing investigations, exchange information, and improve standards for travel documents worldwide. In addition to obtaining and sharing critical information with authorities about dangerous criminals, officers remove all counterfeit, fraudulent, lost, stolen, and altered travel documents from circulation.
CBP’s Fraudulent Document Analysis Unit (FDAU) serves as a central repository and point of analysis for all fraudulent travel documents intercepted or recovered by CBP personnel. FDAU analysis of fraudulent travel documents provides intelligence and training back to the field, a cyclical process that adds another layer of security to CBP’s strong frontline.
“Our officers have applied their expertise and knowledge of all our available technologies to better secure our citizens and the citizens of countries around the world,” said LaFonda D. Sutton-Burke, Chicago Director of Field Operations. “Their dedication to the safety of all law-abiding people is apparent in the thousands of illicit and counterfeit documents they have intercepted over the course of this fiscal year.”