Petition for the Imposition of Antidumping and Countervailing Duties on Certain Hardwood Plywood Products from the People’s Republic of China filed November 18, 2016 - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): People’s Republic of China; Countervailing Duty (“CVD”) : People’s Republic of China
Product: The merchandise subject to this investigation is hardwood and decorative plywood. Hardwood and decorative plywood is a flat panel composed of an assembly of two or more layers or plies of wood veneers in combination with a core. The veneers, along with the core, are glued or otherwise bonded together to form a finished product. A hardwood and decorative plywood panel must have at least either the face or back veneer composed of one or more species of hardwood or bamboo. Hardwood and decorative plywood may include products that meet the American National Standard for Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016.
All hardwood and decorative plywood is included within the scope of this investigation, without regard to dimension (overall thickness, thickness of face veneer, thickness of back veneer, thickness of core, thickness of inner veneers, width, or length). However, the most common panel sizes of hardwood and decorative plywood are 1219 x 1829 mm (48 x 72 inches), 1219 x 2438 mm (48 x 96 inches), and 1219 x 3048 mm (48 x 120 inches).
A "veneer" is a thin slice of wood which is rotary cut, sliced or sawed from a log, bolt or flitch. The face veneer is the exposed veneer of a hardwood and decorative plywood product which is of a superior grade than that of the back veneer, which is the other exposed veneer of the product (i.e., as opposed to the inner veneers). When the two exposed veneers are of equal grade, either one can be considered the face or back veneer. For products that are entirely composed of veneer, such as Veneer Core Platforms, the exposed veneers are to be considered the face and back veneers, in accordance with the descriptions above.
The core of hardwood and decorative plywood consists of the layer or layers of one or more material(s) that are situated between the face and back veneers. The core may be composed of a range of materials, including but not limited to veneers, particleboard, and medium-density fiberboard ("MDF'').
All hardwood and decorative plywood is included within the scope of this investigation regardless of whether or not the face and/or back veneers are surface coated. Examples of surface coatings include, but are not limited to, ultra-violet light cured polyurethanes, oil or oil-modified or water based polyurethanes, wax, epoxy-ester finishes, moisture-cured urethanes, and paints and stains that cause the grain, texture or markings of the wood to be obscured. Hardwood and decorative plywood may be coated through the utilization of paper, aluminum, high pressure laminate ("HPL"), MDF, medium density overlay ("MDO"), and phenolic film. Additionally, the face veneer of hardwood and decorative plywood may be sanded, smoothed or given a "distressed" appearance through such methods as hand-scraping or wire brushing. All hardwood and decorative plywood is included within the scope even if it is trimmed, cut-to-size, notched, punched, drilled, or has underwent other forms of minor processing.
Subject merchandise also includes hardwood and decorative plywood that has been further processed in a third country, including but not limited to trimming, cutting, notching, punching, drilling, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope product.
The scope of the investigation excludes the following items: (1) structural plywood (also known as "industrial plywood" or "industrial panels") that is manufactured and stamped to meet U.S. Products Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood (including any revisions to that standard or any substantially equivalent international standard intended for structural plywood), including but not limited to the "bond performance" requirements set forth at paragraph 5.8.6.4 of that Standard and the performance criteria detailed at Table 4 through 10 of that Standard; (2) products which have a face and back veneer of cork; (3) multilayered wood flooring, as described in the antidumping duty and countervailing duty orders on Multilayered Wood Flooring from the People's Republic of China, Import Administration, International Trade Administration, U.S. Department of Commerce Investigation Nos. A-570-970 and C-570-971 (published December 8, 2011), and additionally, multilayered wood flooring with a face veneer of bamboo or composed entirely of bamboo; (4) plywood which has a shape or design other than a flat panel, with the exception of any minor processing described above; (5) products made entirely from bamboo and adhesives (also known as "solid bamboo").
II. HTS classifications: There is no set tariff classification for hardwood plywood. Imports of hardwood plywood are primarily entered under the following HTS numbers: 4412.3 1.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3[ 85; 4412.32.5600; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3121; 4412.94.3141; 4412.94.3160; 4412.94.3161; 4412.94.3171; 4412.94.3175; 4412.94.4100; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.51 15; and 4412.99.5710. With the exception of 4412.99.0600 and 4412.99.5115,20 all of these HTS codes are included in the definition of "hardwood plywood" used by the U.S. Department of Agriculture's Foreign Agricultural Service in reporting imports. These are also the import categories which HPVA and Coalition members regularly monitor. The most-favored nation duty rate for imports under these HTS numbers varies from 0 to 8 percent.
Products covered by this scope may also be imported under HTS numbers: 4412.10.0500; 4412.39.1 000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39:5030; 4412.39.5050; 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000; 4412.94.5100; 4412.94.9500; and 4412.99.9500. While these HTS codes were identified as relevant by the Commission in the prior investigation, they apply primarily to products with a softwood veneer or to products that the industry does not consider to be plywood. Petitioners note that their identification of the proper HTS codes captures approximately 88 percent of the imports identified in the prior investigation.
III. Date of Filing: November 18, 2016
IV. Petitioners: Coalition for Fair Trade in Hardwood Plywood and its individual members: Columbia Forest Products, Commonwealth Plywood Inc., Murphy Plywood, Roseburg Forest Products Co., States Industries, Inc., and Timber Products Company
V. Foreign Producers/Exporters. Please contact our office for a list filed with the petition
VI. US Importers named. Please contact our office for a list filed with the petition
VII. Alleged Dumping Margin: People’s Republic of China: 100.11% - 111.78%
No CVD Margin listed.
VIII. Comments:
A. Projected date of ITC Preliminary Conference: December 9, 2016.
B. The earliest theoretical date for retroactive suspension of liquidation for the antidumping duty is January 27, 2016; for countervailing duty is December 8, 2016.
C. Volume and Value of Imports:
Please contact our office for a summary of the data filed with the petition
D. Projected Schedule of AD/CV investigations
Please contact our office for a complete projected schedule of the investigations.
If you have questions regarding how this investigation may impact future imports of scope merchandise, or whether a particular product is within the scope of the investigation, please contact one of our attorneys.
Food Regulators Seize Adulterated Milk Products for Food Safety Violations - U.S. Food & Drug Administration
The U.S. Food and Drug Administration announced today that the U.S. Marshals Service seized more than 4 million pounds of product produced by Valley Milk Products LLC (Valley Milk) of Strasburg, Virginia. The company is owned by the Maryland and Virginia Milk Producers Cooperative Association Inc. in Reston, Virginia. The seized products include dry nonfat milk powder and buttermilk powder packaged in 40- and 50-pound bags for further manufacturing and are worth nearly $4 million.
The U.S. Department of Justice filed the complaint, on behalf of the FDA, in the U.S. District Court for the Virginia Western District, alleging that the seized products are adulterated under the Federal Food, Drug, and Cosmetic Act.
During an FDA inspection of Valley Milk from July – September 2016, FDA investigators observed poor sanitary practices and reviewed the company’s records, which showed positive results for Salmonella in the plant’s internal environmental and finished product samples. FDA investigators observed residues on internal parts of the processing equipment after it had been cleaned by the company and water dripping from the ceiling onto food manufacturing equipment. In addition, environmental swabs collected during the inspection confirmed the presence of Salmonella meleagridis on surfaces food came into contact with after being pasteurized. Throughout the investigation, the FDA worked closely with the Virginia Department of Health and Virginia Department of Agriculture and Consumer Services.
"The FDA urged Valley Milk to conduct a voluntary recall of the implicated products," said Melinda K. Plaisier, the FDA’s associate commissioner for regulatory affairs. "The firm refused to recall and, as a result, we have had to intervene and seize this adulterated food to prevent it from reaching consumers who could be exposed to Salmonella from these products."
The FDA used a bacterial typing tool called whole genome sequencing (WGS) to link the samples collected in the facility over time. WGS technology can show the relationship among isolates of bacterial pathogens found in the environment, a food source or a person who became ill from consuming contaminated food. The sampling results indicate that the Salmonella strains from 2016 are nearly identical to Salmonella strains found at the company in 2010, 2011 and 2013. These findings of Salmonella meleagridis at the company dating back several years demonstrate the existence of a persistent strain of Salmonella at this facility.
Salmonella is a pathogenic bacterium that can contaminate foods and which may result in gastroenteritis or other serious clinical conditions, including septicemia, arterial infections, endocarditis and septic arthritis. Most people recover from salmonellosis in four to seven days without treatment but about one person in every thousand with salmonellosis dies.
Valley Milk is currently not producing dry powdered milk products. No illnesses linked to Valley Milk products have been reported to date. Consumers can report problems with FDA-regulated products to their district office consumer complaint coordinator.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation's food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.
NYSA and Port Partners Develop Simulation Center, First of its Kind in the Country - Port Authority of NY/NJ
Under a $1.6 million grant from the U.S. Department of Transportation Maritime Administration (MARAD), The Port Authority of New York and New Jersey will make investments to improve the barge program that transports containers between terminals in New York and New Jersey.
The grant, obtained with the assistance of New York and New Jersey’s Congressional delegation, will increase the barge system’s cost-effectiveness and reliability for shippers. These factors, in turn, will help the Port Authority, its terminal operators and ocean carriers to grow the existing barge program, which last year moved 35,000 containers, resulted in 60,000 fewer trucks on the region’s roadways, and eliminated 1,600 tons of CO2.
But the MARAD grant also helps create the New York Harbor Crane Operators Training Center (COTC), the first of its kind in the country.
The COTC’s three state-of-the-art simulators will help train members of the International Longshoremen’s Association (ILA) to operate the newest generation of ship-to-shore and yard cranes, thus optimizing the loading and discharge of container barges. The award of $492,480 from the MARAD grant will be matched by $328,320 committed by both the New York Shipping Association (NYSA) and Port Newark Container Terminal, plus an in-kind contribution of a simulator from the NYSA.
The full grant will also support:
- Enhancing the fender system at Berth 6 in Port Newark, specifically the Red Hook Barge Terminal, to help protect both Port Authority-owned barges and the berths from damage during docking and undocking operations. The MARAD grant award of $157,500 will be matched by $192,500 from the Port Authority.
- The purchase of two new high-tech machines to augment existing container handling equipment at Red Hook Container Terminal. The MARAD grant award of $982,316 will be matched with $327,439 from Red Hook Container Terminal.
OTEXA: Announcements - Office of Textile and Apparel
11/28/2016 – Determination to Approve Colombia Commercial Availability Request: Certain 100% Rayon Twill Challis Fabric: 7.2016.10.17.Fabric.JustFabulous,Inc.
CBP Expands Online Payment Option for Commercial Truck User Fees - U.S. Customs & Border Protection
Commercial truck carriers now able to pay the single crossing user fee online prior to arriving at any commercial port of entry
WASHINGTON—U.S. Customs and Border Protection announced today the nationwide expansion of a pilot program allowing commercial trucks to prepay the single-crossing user fee online prior to arrival at a port of entry. The pilot began in June at the Buffalo, Detroit and El Paso ports of entry and now expands to all commercial land border crossings.
“Providing the trucking industry with an online payment option will ultimately decrease wait times and allow CBP officers to focus more closely on enforcement issues,” said Executive Assistant Commissioner, Office of Field Operations, Todd C. Owen. “The website and payment option is easy to use—it’s a win-win for truck carriers and CBP.”
Carriers or their agents will be able to make single-crossing user fee online payments through the Decal/Transponder Online Procurement System (DTOPS). The mobile-friendly DTOPS website design allows users to pay online using their smartphones. CBP is also developing a DTOPS app for smartphones.
Paying the single-crossing user fee online prior to arriving at the border reduces fuel consumption and wait times. Removing the cash/credit card payment process from primary inspection enables CBP officers to process vehicles faster and decreases carbon emissions associated with heavy traffic. Online payments also enable CBP port management to optimize resources to facilitate trade and ensure the security of international travelers.
The online payment option has been used more than 4,400 times since the pilot began, reducing transaction time by an estimated 30 seconds per transaction.
CBP requires all trucks crossing into the U.S. from Canada or Mexico to pay the user fee to offset border inspections costs.
To make a payment, users will set up an account in DTOPS, register their vehicle(s), select the single-crossing payment option and checkout using the secure online payment system. DTOPS will confirm payment by providing an electronic receipt. Single-crossing online payments are good until December 31 of the year purchased.
Cash and credit card payments will continue to be accepted at the border, but carriers who pay upon arrival may experience additional delays.
The DTOPS mobile site does not collect any information regarding the identity of an individual or an individual’s device. CBP remains committed to protecting the user’s privacy.
More information about commercial truck user fee online payments for single crossings and for annual transponder purchases is available at https://dtops.cbp.dhs.gov.
Safer Together: CPSC and CBP Collaborate to Keep Unsafe Toys Off Store Shelves - Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) and U.S. Customs and Border Protection (CBP) are joining forces this holiday season to keep kids safe and stop dangerous and violative toys from reaching kids’ hands. CPSC’s and CBP’s cooperative work to detect and detain shipments of toys and children’s products at the ports from coast to coast helps to create a safer marketplace for holiday shoppers. In addition to inspections at U.S. ports, CPSC also enforces strong safety standards and trains manufacturers at home and overseas about safety requirements.
During the past four years, CPSC and CBP stopped more than 8 million units of about 4,500 different types of toys and children’s products due to safety hazards or the failure to meet federal safety standards. Stopped shipments have included lead, small parts, sharp points and labeling requirement violations. The good news for shoppers is that toy recalls have continued to decline from 172 in fiscal year 2008 (with 19 involving high levels of lead), to 24 in fiscal year 2016 (with only one involving a lead violation). Toys were recalled for defects that could cause choking, mechanical hazards and fire hazards posing a threat of injury to a child.
A new report, released today by CPSC, indicates that there were an estimated 185,500 toy-related, emergency department-treated injuries and 11 deaths in 2015 to children younger than 15 years old. Riding toys, specifically non-motorized scooters, were the toy category associated with the most injuries and 45 percent of toy-related deaths in 2015. Most of the toy-related injuries involved cuts and bruises, with the head and face being the most commonly affected areas.
“Children are our most vulnerable consumers, and as a parent of two boys, I understand what parents and caregivers are concerned about when they go shopping during the holidays,” said CPSC Chairman Elliot F. Kaye. “CPSC’s commitment to working alongside CBP to stop shipments of dangerous toys before they reach kids can go a long way to help your holiday gifts be a source of joy, rather than tragedy.”
“Protecting consumers from unsafe imported products is always a priority for CBP and our collaboration with CPSC and other Federal agencies is one of the biggest assets to CBP’s efforts”, said Brenda Smith, Executive Assistant Commissioner, U.S. Customs & Border Protection Office of Trade. “Federal agencies working hand-in-hand, as occurs at the Commercial Targeting & Analysis Center, is a more effective way to wisely utilize Federal resources to protect consumers.”
Here are some safety tips for consumers to keep in mind this holiday season:
- Magnets – Children's magnetic toys are covered by a strong safety standard that aims to prevent magnets from being swallowed. High-powered magnet sets that do not meet CPSC’s lifesaving standard are not permitted.
- Balloons - Children can choke or suffocate on deflated or broken balloons. Keep deflated balloons away from children younger than 8 years old. Discard torn balloons immediately.
- Small balls and other toys with small parts - For children younger than age 3, avoid toys with small parts, which can cause choking.
- Scooters and other riding toys - Riding toys, skateboards and in-line skates go fast, and falls could be deadly. Helmets and safety gear should be worn properly at all times, and they should be sized to fit.
Once gifts are open:
- Keep toys appropriate for older children away from younger siblings.
Battery charging should be supervised by adults. Chargers and adapters can pose thermal burn hazards to young children. Pay attention to instructions and warnings on battery chargers. Some chargers lack any mechanism to prevent overcharging.]