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Port of NY/NJ Holiday Schedule

  • All container terminals are CLOSED 12/25 & 12/26 except GCT Bayonne-OPEN 12/26 0600 - 1300 (No reefers and OOG serviced).
  • All CES' will be CLOSED 12/25 and 12/26. The Truck Servicing Center will also be CLOSED.
  • 12/26 PNCT will be CLOSED in observance of Christmas. PNCT will be OPEN JAN 02 7am to 4pm.
  • Please be advised that all Maher Terminals facilities including the Empty Depot operated by Columbia will be closed for truck line activity on Monday, December 26, 2016 and Monday, January 2, 2017 in observance of Christmas Day and New Year’s Day.
    Initiations of Antidumping and Countervailing Duty Investigations: Certain Hardwood Plywood Products from the People’s Republic of China - U.S. Customs & Border Protection

On December 8, 2016, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty  investigations on “Certain Hardwood Plywood Products from the People’s Republic of China.” (Initiation Notices). These investigations have been assigned case numbers: A-570-051 and C-570-052.

The Scope of Merchandise covered by these investigations reads as follows:

The merchandise subject to this investigation is hardwood and decorative plywood, and certain veneered panels as described below. For purposes of this proceeding, hardwood and decorative plywood is defined as a generally flat, multilayered plywood or other veneered panel, consisting of two or more layers or plies of wood veneers and a core, with the face and/or back veneer made of non-coniferous wood (hardwood) or bamboo. The veneers, along with the core may be glued or otherwise bonded together. Hardwood and decorative plywood may include products that meet the American National Standard for Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016 (including any revisions to that standard).

For purposes of this investigation a “veneer” is a slice of wood regardless of thickness which is cut, sliced or sawed from a log, bolt, or flitch. The face and back veneers are the outermost veneer of wood on either side of the core irrespective of additional surface coatings or covers as described below.

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 hardwood, softwood, particleboard, or medium-density fiberboard (MDF).

All hardwood plywood is included within the scope of this investigation regardless of whether or not the face and/or back veneers are surface coated or covered and whether or not such surface coating(s) or covers obscures the grain, textures, or markings of the wood. Examples of surface coatings and covers 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; paints; stains; paper; aluminum; high pressure laminate; MDF; medium density overlay (“MDO”); and phenolic film. Additionally, the face veneer of hardwood plywood may be sanded; smoothed or given a “distressed” appearance through such methods as hand-scraping or wire brushing. All hardwood 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.

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).

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 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), and which has both a face and a back veneer of coniferous wood; (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. See Multilayered Wood Flooring from the People’s Republic of China, 76 FR 76690 (December 8, 2011) (amended final determination of sales at less than fair value and antidumping duty order), and Multilayered Wood Flooring from the People’s Republic of China, 76 FR 76693 (December 8, 2011) (countervailing duty order), as amended by Multilayered Wood Flooring from the People’s Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012); (4) multilayered wood flooring with a face veneer of bamboo or composed entirely of bamboo; (5) plywood which has a shape or design other than a flat panel, with the exception of any minor processing described above; and (6) products made entirely from bamboo and adhesives (also known as “solid bamboo”).

Imports of hardwood plywood are primarily entered under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4412.10.0500; 4412.31.0520; 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; 4412.32.3185; 4412.32.5600; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 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; 4412.99.5115; and 4412.99.5710.

Imports of hardwood plywood may also enter under HTSUS subheadings 4412.39.1000; 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 the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive.

Requirements for Submitting Comments On the Scope of the Investigations: Please be sure to comply with all three requirements established below.

Deadline for Submitting Comments:
As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. In order to facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Wednesday, December 28, 2016. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Monday, January 9, 2017.

The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations identified above.

Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.

All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.

For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:

ACCESS: Help Link https://access.trade.gov/help.aspx

ACCESS: External User Guide https://access.trade.gov/help/ACCESS%20User%20Guide.pdf

ACCESS: Handbook on Electronic Filing Procedures
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf

Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf

Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf

Enforcement and Compliance: General Filing Requirements http://enforcement.trade.gov/filing/index.html

Certification Requirements
Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information. Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petition filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). See also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.


OTEXA: Textile & Apparel Announcments - International Trade Administration

12/20/2016 –Implementation of Duty-Free Treatment to Certain Textile and Apparel Imports from Nepal, effective December 30, 2016 through December 31, 2025.

12/19/2016 – Notification of Annual Quantitative Limit for Certain Apparel under Haiti HOPE (Value-Added Quota) for 2016/2017 Annual Period. For the period December 20, 2016 through December 19, 2017, the annual quantitative limit of the Haiti HOPE Value-Added program is 337,117,964 square meter equivalents.


Issuance of Designated Port Exception Permits for Import at Non-Staffed Ports and ITDS - Fish & Wildlife Service

Background:
On October 18, 2016, the Service informed the import/export community that it would no longer issue DPEP’s for non- staffed ports when the applicant is required to file a CBP entry. However, due to feedback received from the trade, the Service has rescinded that decision.

The Service has begun the process of consulting with CBP to determine the necessary programming changes to ACE needed to implement the DPEP process. This process may not be completed until the end of February.

Until this work is completed importers will not be able to pilot in ACE with the FWS at these non-staffed port locations. They will, however, be able to continue to obtain FWS clearance at these non-staffed ports, through eDecs, as they have in the past.

Action:
Effective immediately, the Service will issue DPEP’s to authorize the use of a non-staffed port when the applicant is required to file a CBP entry.  We want to remind the trade that DPEP’s are only issued to:

1. Accommodate imports or exports for scientific purposes;
2. Minimize or prevent deterioration or loss of the perishable wildlife; or
3. Alleviate undue economic hardship for you.

We will only issue DPEP’s at non-staffed ports when we have Service officers available to travel to the port that has been requested.


CBP San Juan Seaport Seizes Hazardous Holiday Lights and Toys - U.S. Customs Border & Protection

SAN JUAN, P.R. — U.S. Customs and Border Protection (CBP) officers at the Port of San Juan recently seized two shipments containing more than 1,400 hazardous toys and 3,500 unsafe Christmas light fixtures that arrived from China. The combined value for both shipments was nearly $50,000.

The toys were found to contain hazardous lead, which is unsafe for children, and the Christmas light fixtures violated federal safety regulations protecting against overheating and lacked features preventing fires or electric shocks.

Working closely with the U.S. Consumer Product Safety Commission (CPSC), both shipments were targeted for physical inspection. After a joint exam was conducted, the CPSC laboratory analysis determined that the toys contained lead in excess of the limit which may be harmful to the health and safety of children and the lights did not undergo a valid evaluation for potential risk of fire, shock, and personal injury.

“This interagency collaboration between CPSC and CBP truly exemplifies working together as one U.S. Government at the border to protect American consumers,” stated Edward Ryan, Assistant Director of Trade for Puerto Rico and the US Virgin Islands. “We’ll continue to leverage these agency partnerships to drive greater trade facilitation and product compliance to protect the public.”


Volkswagen to Recall 83,000 3.0 Liter Diesel Vehicles and Fund Mitigation Projects to Settle Allegations of Cheating Emissions Tests on Volkswagen, Audi and Porsche Vehicles - U.S. Environmental Protection Agency

Settlement requires Volkswagen to offer to buy back older vehicles, and spend $225 million to mitigate NOx pollution. Volkswagen will also repair newer vehicles to comply with the standards to which they were certified

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