CIT Orders Commerce to Reconsider the Novelty Candle Exception to ADD Order
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP / http://www.gdlsk.com/firm-news/302-cit-orders-commerce-to-reconsider-the-novelty-candle-exception-to-add-order.html
The Court of International Trade has recently ordered the Department of Commerce to reconsider whether candles in the shapes of identifiable objects (so-called “ novelty candles”) are included in the Antidumping Order on petroleum wax candles from the People’s Republic of China.
Novelty candles are formed into shapes of identifiable objects, such as flowers, plants, animals, etc., or may be holiday, religious or special-occasion themed (i.e.: Christmas trees or jack-o-lanterns). They can be decorative but also functional, and the category itself casts a wide net. In 2011, the Department of Commerce reviewed just under 300 novelty candles and found that almost all of them fell within the scope of the Order. For example, candles in the shape of a rose, pumpkin, apple, snowman, or flip flop sandals were all found by the Department of Commerce to be within the scope of the Order.
The court disagreed with this analysis and held that “the scope language is not ambiguous in a way that makes it susceptible to a reasonable construction under which Commerce may hold candles in the shapes of identifiable objects to be within the scope of the Order. . . In placing within the scope of the Order various candles made to resemble identifiable objects, the Final Scope Ruling applied an impermissible interpretation of the scope language in the Order.” Accordingly, the Department of Commerce must now reconsider its scope determination in light of the court’s decision.
A modification to the existing scope determination could be applied to unliquidated entries of novelty candles; it is unlikely that the modified order could be used retroactively to obtain a refund of previously deposited dumping duties on liquidated entries. As this issue will likely be subject to further litigation, our firm will be tracking it closely. In the interim, we urge candle importers to contact our office in order discuss strategies to protect claims for potential refunds on current entries of novelty candles and to discuss prospective strategies for importing novelty candles.
President's Day Port/Terminal Closures
- Be advised the following are Marine Terminal Operators scheduled hours for truck operations on President's Day, Feb 17th:
Maher--0600-1900
PNCT-0600-1800
APM--0600-1700 (reefers until 1630)
NYCT, Global and RHCT will be closed
- The Port of Long Beach administrative offices will be closed Monday, Feb. 17, in observance of Presidents Day. Normal business hours will resume Tuesday, Feb. 18
USITC Makes Determination in Five-Year (Sunset) Review Concerning Steel Wire Garment Hangers from China
United States International Trade Commission / http://www.usitc.gov/press_room/news_release/2014/er0207mm1.htm
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on steel wire garment hangers from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission's affirmative determination, the existing order on imports of this product from China will remain in place.
All six Commissioners voted in the affirmative.
Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission's public report Steel Wire Garment Hangers from China (Inv. No. 731-TA-1123 (Review), USITC Publication 4453, February 2014) will contain the views of the Commission and information developed during the review.
Copies may be requested after March 11, 2014, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
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BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Steel Wire Garment Hangers from China was instituted on September 3, 2013.
On December 20, 2013, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
CBP Ensures Valentine’s Day flowers are Pest-Free
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/02062014_6.xml
El Paso, Texas – In the weeks leading to Valentine’s Day, U.S. Customs and Border Protection’s highly trained agriculture specialists ensure that plant diseases and plant pests are detected and stopped from being introduced into the United States where they could cause harm.
At international ports of entry, land borders and mail facilities, CBP agriculture specialists are the front line in the fight against the introduction of harmful insects and diseases into the United States. El Paso area CBP agriculture specialists performing agriculture exams recorded a total of 54,321 quarantine material interceptions and 4,335 pest interceptions during fiscal year 2013.
At El Paso area ports of entry, the most commonly prohibited flowers and plant materials are chrysanthemums, gladiolas, and choisya (an ornamental filler). These items are not allowed to enter the U.S. from Mexico because they are known to harbor harmful pests and disease.
Individuals purchasing floral arrangements in Mexico for transport to the U.S. should advise their florist so prohibited plant species will not be used in the arrangement.
CBP processed approximately 867.2 million cut flower stems during the 2013 Valentine’s season from Jan. 1 to Feb. 14, compared to 842.2 million stems processed during the 2012 season -- an increase of 3% percent. Most of the cut flower shipments are imported from South America, primarily Colombia, with 567.3 million stems or 65.4 percent, followed by Ecuador with 190.2 million stems or 21.9 percent.
Miami ranks first among U.S. ports of entry for shipments of cut flower imports, followed by Los Angeles. The quantity of imported cut flowers processed by both ports during the 2013 Valentine’s season increased 4% compared to 2012 season.
Illegal Prescription Drug Sellers Arraigned on Charges for Smuggling Illicit Cancer Drugs into the United States
U.S. Food & Drug Administration / http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm385916.htm
Two individuals today were arraigned for charges that they, among other things, smuggled adulterated and misbranded prescription cancer treatments from Turkey and other countries into the United States and conspired to defraud the United States and the U.S. Food and Drug Administration. The drugs did not meet the FDA’s standards and had not been approved for distribution in the United States.
The FDA led a joint international law enforcement operation that culminated in the arrest of two Turkish citizens – Ozkan Semizoglu and Sabahaddin Akman – in Puerto Rico, after a grand jury sitting for the Eastern District of Missouri indicted the two men on Jan. 16.
“This case shows that those who prey on innocent patients in the United States, even from outside our borders, are subject to criminal prosecution,” said John Roth, director of the Office of Criminal Investigations in the FDA’s Office of Regulatory Affairs. “The assistance of our international partners was critical in carrying out the undercover operation that led to the arrest of these individuals.”
The indictment charges the two men with one conspiracy count and three counts of smuggling illegal drugs into the United States. Each smuggling charge carries a maximum penalty of 20 years in prison and/or fines of up to $250,000.
The defendants obtained the illicit drugs and then used shipping labels to conceal the illegal nature of the shipments, including customs declarations falsely describing the contents as “gifts,” “documents,” or “product samples” with no or low-declared monetary values. They also broke large drug shipments into several smaller packages to reduce the likelihood of seizures by U.S. Customs and Border Protection authorities.
Along with the FDA and Europol, the international operation involved several German government offices: the Bonn prosecutor (Staatsanwaltschaft); the Federal Criminal Police (Bundeskriminalamt, BKA); the Dusseldorf Police and the German State Criminal Police (Landeskriminalamt, LKA). Special agents of the U.S. Department of State’s Diplomatic Security Service assigned to the U.S. Embassy’s Regional Security Office in Ankara, Turkey and the U.S. Consulate General’s Overseas Criminal Investigations Branch in Istanbul, Turkey also played a key role in bringing the operation to a successful conclusion.
Be Prepared Crossing the Border this Holiday Weekend
U.S. Customs & Border Protection / http://www.cbp.gov/xp/cgov/newsroom/news_releases/local/02122014_3.xml
Buffalo, NY. – As part of U.S. Customs and Border Protection’s mission to safeguard the nation’s borders, CBP is offering the following guidance on how to expedite border crossings for travelers returning through Western New York’s ports of entry.
CBP’s overall Resource Optimization Strategy intends to maximize existing resources, identify staffing needs, and explore funding sources to support identified staffing needs. ( Resource Optimization Strategy ) However, CBP also encourages travelers to be prepared and educate themselves on U.S. rules and regulations.
- Prepare for the inspection process before arriving at the inspection booth. Have your WHTI (Western Hemisphere Travel Initiative) or RFID (Radio Frequency Identification) enabled documents in hand before reaching primary inspection. Travelers should declare all items acquired abroad. Additionally, individuals should end cellular phone conversations before arriving at the inspection booth. Travelers should also have their windows rolled down for inspection and remove any sunglasses and hats prior to entering the inspection area.
- Travelers are encouraged to visit the “Know Before You Go” section of the CBP web site. To avoid fines and penalties associated with the importation of restricted or prohibited items, including agricultural products, please become educated prior to traveling by visiting CBP.gov. ( Travel )
- Allow for extra time and check border wait times in case of exceptionally heavy traffic. Travelers should check traffic conditions at the border crossings within the region and select the crossing that is least congested. Travelers can easily obtain current border traffic conditions at CBP.gov.
- Be aware of what Food and Plants are prohibited from entering the United States. There are numerous agricultural restrictions on fruits, meats and plants. Before transporting these items please check the CBP website on bringing agricultural products into the U.S. ( Bringing Agricultural Products Into the United States ) If you decide to bring these items with you be certain to declare them; if the items are prohibited, they must be surrendered or returned to Canada.
- Cross-border travelers are encouraged to participate in the NEXUS program. NEXUS allows pre-screened, low-risk travelers to proceed with little or no delay into the United States and Canada. Application forms are available on the Canada Border Services Agency website and travelers can apply online at CBP.gov. ( Canada Border Services Agency ) ( CBP.gov ) Additionally, NEXUS information is available toll-free at 1-866-NEXUS 26 (1-866-639-8726).
For more information on what to expect at a port of entry, document requirements, and prohibited or restricted items, travelers can visit GetYouHome.gov. ( Get You Home )
A new downloadable checklist is also now available that can be accessed on your smartphone or device to help you travel smart when traveling internationally. (
Checklist )