~ Friday, April 14th, Good Friday Holiday - PNCT will be CLOSED, due to upcoming vessel schedule changes.
~ All Maher Terminals facilities including the Empty Depot at Columbia will be closed for business on Friday, April 14, 2017 in observance of Good Friday.
Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Tool Chests and Cabinets from People’s Republic of China and the Socialist Republic of Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): People’s Republic of China, Socialist Republic of Vietnam; Countervailing Duty(“CVD”): People’s Republic of China, Socialist Republic of Vietnam.
II. Product: The following language describes the scope of the imported merchandise that Petitioner intends to cover in this investigation:
The scope of this petition covers certain metal tool chests and tool cabinets with drawers ("tool chests and cabinets") from the People's Republic of China and the Socialist Republic of Vietnam. The scope covers all metal tool chests and cabinets, including top chests, intermediate chests, tool cabinets and side cabinets, storage units, mobile work benches, and work stations that have the following physical characteristics:
(1) a body made of carbon, alloy, or stainless steel and/or other metals;
(2) two or more drawers for storage in each individual unit;
(3) a width (side to side) exceeding 21 inches but not exceeding 60 inches;
(4) a drawer depth (front to back) exceeding 10 inches but not exceeding 24 inches; and
(5) prepackaged for retail sale.
Prepackaged for retail sale means the units are packaged in a cardboard box or other container suitable for retail display and sale. Subject tool chests and cabinets are covered whether imported in assembled or unassembled form. Subject merchandise includes tool chests and cabinets produced in China or Vietnam but assembled, prepackaged for sale, or subject to other minor processing in a third country prior to importation into the United States. Similarly, it would include tool chests and cabinets produced in China or Vietnam that are later found to be assembled, prepackaged for sale, or subject to other minor processing after importation into the United States.
Subject tool chests and cabinets may also have doors and shelves in addition to drawers, may have handles (typically mounted on the sides), and may have a work surface on the top. Subject tool chests and cabinets may be uncoated (e.g., stainless steel), painted, powder coated, galvanízed, or otherwise coated for corrosion protection or aesthetic appearance.
Subject tool chests and cabinets may be shipped, packaged or sold as individual units or in sets. When sold in sets, they typically include a cabinet with one or more chests that stack on top of the cabinet. Tool cabinets act as a base tool storage unit and typically have rollers, casters, or wheels to permit them to be moved more easily when loaded with tools. Work stations are tool cabinets with a work surface on the top that may be made of rubber, plastic, metal, or wood.
Top chests are designed to be used with a tool cabinet to form a tool storage unit. The top chests may be mounted on top of the base tool cabinet or onto an intermediate chest. They are often sold as a set with tool cabinets or intermediate chests, but may also be sold separately. They may be sold with mounting hardware (e.g., bolts) and instructions for assembling them onto the base tool cabinet or onto an intermediate tool chest which rests on the base tool cabinet. Smaller top chests typically have handles on the sides, for purposes of lifting the chest out of the package onto the cabinet, while the larger top chests typically lack handles. Intermediate tool chests are designed to fit on top of the floor standing tool cabinet and to be used underneath the top tool chest. Although they may be imported, sold or used separately from the tool cabinet, intermediate chests are designed to be used in conjunction with tool cabinets. The intermediate chests typically do not contain handles. The intermediate and top chests have the capability of being bolted together.
Side cabinets are designed to be bolted or otherwise attached to the side of the base storage cabinet to expand the storage capacity of the base tool cabinet.
Subject tool chests and cabinets also may be shipped, packaged or sold with a tool set included, and when this occurs the tools are part of the subject merchandise.
Excluded from the scope of the investigation are tool boxes, chests and cabinets with bodies made of plastic, carbon fiber, wood, or other non-metallic substances. Also excluded from the scope of the investigation are portable tool boxes. Portable tool boxes have each of the following characteristics: (1) fewer than three drawers; (2) a handle on the top that allows the tool box to be carried by hand; and (3) a width that is 21 inches or less; and depth (front to back) not exceeding 10 inches.
Also excluded from the scope of the investigation are industrial grade steel tool chests and cabinets. The excluded industrial grade steel tool chests and cabinets are those:
(1) having a body that is over 60 inches wide; or
(2) having each of the following physical characteristics:
(a) a body made of steel that is 0.055" or more in thickness;
(b) all drawers over 21" deep;
(c) all drawer slides rated for 200 lbs. or more; and
(d) not prepackaged for retail sale.
Also excluded from the scope of the investigation are work benches with fewer than two drawers. Excluded work benches have a solid top working surface, have fewer than two drawers, are supported by legs and have no solid front, side, or back panels enclosing the body of the unit.
III. HTS classifications: Tool Chests are classified in Harmonized Tariff Schedule of the United States ("HTSUS") statistical subheading 9403.20.0030, but may also enter through HTSUS 9403.20.0026 and7326.90.3500. These statistical subheadings each cover a large variety of different types of metal furniture, containers, and parts of metal furniture, making it impossible to rely on official import data to determine the volume and value of imports.
Due to the relatively small number of purchasers and producers of Tool Chests in the United States, Petitioner has reasonable knowledge of the size of the U.S. Tool Chests market and the level of subject imports. The official import data in HTSUS 9403.20.0030 show imports into this basket category that are far in excess of the level of the imported subject product that petitioner knows to be in the U.S. market.
IV. Date of Filing: April 11, 2017
V. Petitioners: Waterloo Industries Inc.
VI. Foreign Producers/Exporters
Please contact our office for a list filed with the petition.
VII. US Importers named.
Please contact our office for a list filed with the petition.
VIII. Alleged Dumping Margin:
People’s Republic of China: 167.50%;
Socialist Republic of Vietnam: 58.20%;
No CVD Margin listed.
A. Projected date of ITC Preliminary Conference: May 2, 2017.
Please contact our office for a complete projected schedule for the AD investigation.
B. The earliest theoretical date for retroactive suspension of liquidation for the antidumping duty is June 20, 2017; for countervailing duty is May 1, 2017.
Please contact our office for a complete projected schedule for the CVD Investigation.
C. Volume and Value of Imports:
Please contact our office for a summary of the data filed with the petition.
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.
CBP Advises Traveling Public on Easter Egg Regulations - US Customs & Border Protection
LAREDO, Texas – With the Easter festivities right around the corner, CBP is reminding the traveling public that cascarones (confetti-filled eggshells) are restricted to quantities of 12 per passenger and the shells may be decorated, etched, or painted but they must be clean, dry, and free of any egg residue. They may contain confetti or other unregulated items.
Cascarones are a restricted commodity by CBP in order to prevent further spread of Newcastle Disease and Highly Pathogenic Avian Influenza (HPAI) through contaminated eggshells. Newcastle Disease is a highly contagious, fatal viral disease that affects a substantial number of bird species, attacking respiratory, nervous and digestive systems. Mortality is up to 90 percent of exposed birds. HPAI is also a viral disease that can cause exceptionally high mortality, especially in turkeys. The virus infects chickens, turkeys, ducks, partridges, pheasants, quail, pigeons, and ostriches. Effectively all birds are considered to be at risk of infection. In addition, official control measures for both disrupt trade in poultry products from affected areas.
CBP would like to remind the public that fresh eggs, raw chicken, and live birds or poultry continue to be prohibited from Mexico as Mexico is affected with Newcastle Disease and Highly Pathogenic Avian Influenza (HPAI). Attempting to bring in these or other prohibited agricultural items would lead to traveler delays and may result in a fine ranging from $300 to $1000.
On the border at land, air and sea-based ports of entry, including Laredo, CBP agriculture specialists continue to fulfill CBP’s agriculture mission by excluding harmful pests and diseases from becoming established in the U.S. For more information regarding CBP’s agriculture mission, click on the following link. For an updated list of permissible agricultural items coming from Mexico, click on the following link.
East Coast Port Gateway Terminal Agreement to Go into Effect - Federal Martime Commission
Port authorities in Virginia and Georgia will be allowed to engage in discussions about a variety of commercial and operational topics as a result of the Federal Maritime Commission today voting to allow the "East Coast Port Gateway Terminal Agreement" to go into effect.
The Virginia Port Authority and the Georgia Ports Authority filed their agreement with the Commission on February 24, 2017. Their agreement becomes effective Monday, April 10.
Under the terms of the agreement, the port authorities will be able to discuss matters related to joint marketing; the acquisition, utilization, and best practices relating to operating systems and equipment; cargo handling practices and terminal operations; and optimizing service offerings to ocean carriers.
This agreement does not permit the two port authorities to jointly negotiate, set, and approve terminal rates or charges.
"The East Coast Gateway Terminal Agreement is the latest example of port authorities and MTOs looking to the Shipping Act and the Commission’s agreement authority as a way to improve service and operations which will ultimately benefit the American shipper and consumer," said Acting Chairman Michael Khouri. "The ocean transportation services sector is a dynamic and competitive business where the marketplace drives innovation. The port authorities in Virginia and Georgia are responding to a changing industry."
The Federal Maritime Commission is responsible for regulating the Nation’s international ocean transportation for the benefit of exporters, importers, and the American consumer. The Commission’s mission is to foster a fair, efficient, and reliable international ocean transportation system while protecting the public from unfair and deceptive practices.
USITC: New Releases, Annoucements, Documents - U.S. International Trade Commission
SAN JUAN, Puerto Rico — U.S. Customs and Border Protection (CBP) San Juan Field Operations announced Friday a significant increase of more than 300% in the seizure of counterfeit merchandise during the first two quarters of federal fiscal year (FY) 2017 compared to the same period in FY2016.
The estimated manufacturer’s suggested retail price (MSRP) of all counterfeit products seized exceeds $20 million. The seized merchandise is imported into Puerto Rico via international mail or courier.
CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights (IPR) enforcement program. CBP targets and seizes imports of counterfeit and pirated goods, and enforces exclusion orders on patent-infringing and other IPR goods. But despite these efforts, the internet has made it easy to find, purchase, and ship items from almost anywhere in the world. With a high demand for well-known brands, many online vendors sell counterfeit products online, infringing on various trademark holder’s rights and revenues.
“We urge the people of Puerto Rico, do not purchase counterfeit products,” said Edward Ryan, assistant director of trade for Puerto Rico and the U.S. Virgin Islands. “While you may believe you are getting a similar product, at a discounted price, you are certainly not. These products are often hazardous, manufactured with toxic materials and harmful chemicals, and are bad for your health.”
In the past, seized counterfeits have been found to contain hazardous substances including cyanide, arsenic, mercury, lead, urine and rat droppings.
“HSI recently partnered with CBP by signing the San Juan Trade Enforcement Coordination Center agreement to further strengthen the already in-place excellent working relationship between HSI and CBP in Puerto Rico,” said Ricardo Mayoral, special agent in charge of HSI San Juan. “Trade fraud can have significant implications for the U.S. economy and consumers and frequently violate U.S. health and safety standards, potentially endangering the public. HSI is committed to fighting these fraudulent actors alongside our government partners."
If you have information about counterfeit merchandise being illegally imported into Puerto Rico, CBP encourages you to submit an E-Allegation. The e-Allegation provides a means for the public to anonymously report to CBP any suspected violations of trade laws or regulations related to the importation of goods into the U.S.
To submit your trade allegation, please visit en e-Allegations Online Trade Violation Reporting System.
Charleston CBP Seizes $1.1 Million in Cell Phone Accessories - U.S. Customs & Border Protection
CHARLESTON, S.C. – U.S. Customs and Border Protection (CBP), Office of Field Operations, at Charleston seaport seized an estimated $1.1 million in counterfeit mobile phone accessories, including phone cases, chargers, cables, and headphones on March 14. The merchandise arrived into the port from China and was destined for upstate South Carolina.
The shipment details were scrutinized and it was determined that the cargo was worth a closer look. Examination and appraisal revealed 85,000 individual accessories bearing images and markings from Apple, USB, Bluetooth, Blu-Ray, LG, Marvel, DC Comics, Hello Kitty, and Dr. Dre. Representatives from these companies confirmed their images and markings were being used without their permission, making them counterfeit and subject to seizure.
In addition, 38,000 power adapters were discovered bearing the Federal Communications Commission (FCC) mark, signifying they’d been tested in an accredited FCC laboratory and met certain operating standards. These were found to be unauthorized markings as well – a potentially significant safety risk to unwitting consumers.
“I’m proud of the work our officers and import specialists are doing to keep counterfeit merchandise, some of which could be dangerous to consumers, out of U.S. commerce,” said Charleston Acting Area Port Director Joanne Fogg. “CBP continues to work hard to protect legitimate businesses from unlawful use of their intellectual property.”
If you have information about counterfeit merchandise being illegally imported into the U.S., CBP encourages you to submit an E-Allegation. The E-allegation provides a means for the public to anonymously report to CBP any suspected violations of trade laws or regulations related to the importation of goods into the U.S.
CBP’s Office of Field Operations is the primary organization within Homeland Security tasked with an anti-terrorism mission at our nation’s ports. CBP officers screen all people, vehicles and goods entering the U.S. while facilitating the flow of legitimate trade and travel. CBP conducts inspection operations and intercepts currency, weapons, prohibited agriculture products and other illicit items at U.S. ports of entry nationwide. View CBP Snapshot to learn some of what CBP achieves “On a Typical Day.”