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Memorial Day Weekend Closures:
In a Notice published in the Official Journal of the European Union on April 29, 2017, the EU has announced its imposition of an additional 4.3% ad valorem import duty on certain products of U.S. origin, as part of its ongoing dispute with the United States over the Continued Dumping and Subsidy Offset Act (commonly referred to as “the Byrd Amendment”).[1]
The scope of the goods covered by this announcement is defined in terms of EU tariff numbers:
- 0710 40 00 (Frozen Vegetables: Sweetcorn)
- 9003 19 30 (Frames and mountings for spectacles, goggles or the like, not of plastic)
- 8705 10 00 (Special purpose motor vehicles, other than those principally designed for the transport of persons or goods: Crane lorries)
- 6204 62 31 (Women’s woven cotton trousers, of denim)
To be subject to this action, goods must be both of U.S. origin and classifiable within one of the above tariff provisions.
If you have any questions regarding the impact of this EU announcement, please do not hesitate to contact Arthur W. Bodek or any of our other partners.
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[1] Under the Byrd Amendment, the United States distributed additional duties collected in antidumping duty cases to domestic interests that supported such cases (as opposed to directing such funds to the government’s coffers). This practice has been found by the World Trade Organization (“WTO”) to be inconsistent with U.S. international trade obligations, thereby allowing aggrieved trading partners (including the EU) to impose additional duties on U.S. imports in an amount intended to offset such harm. Although the law has been repealed, residual amounts are still being distributed by the United States, in contravention of the WTO decision.
Terminal Gates Closed for Day Shift on Thursday, June 15, 2017 - PierPass
PierPass Inc. has been notified that the International Longshore and Warehouse Union (ILWU) will observe a special stop work meeting for union business during the day shift on Wednesday, June 15, 2017, starting at 8 a.m. As a result, no marine terminal gates at the Port of Los Angeles and the Port of Long Beach will operate between the hours of 8:00 a.m. through 6:00 p.m. on that day.
The OffPeak shift will operate as usual beginning at 6:00 p.m.
Please check with individual terminals for substitute or alternative gates.
This labor shutdown falls under Rule 5 of the Marine Terminal Operator Schedule No. 1, which is available at: http://www.pierpass.org/wp-content/uploads/2016/12/WCMTOA-Schedule-As-of-12-10-16.pdf
OTEXA: Announcements - Office of Textile and Apparel
05/23/2017 – USTR is soliciting public comments on negotiating objectives regarding modernization of the North American Free Trade Agreement with Canada and Mexico. Written comments and notifications of intent to testify must be received by Monday, June 12, 2017. A public hearing will be held at 9 a.m. in the Main Hearing Room of the United States International Trade Commission, 500 E Street SW, Washington, DC 20436, on Tuesday, June 27, 2017.
05/22/2017 – CITA is soliciting public comments on a request from the Government of Bahrain to modify the U.S.-Bahrain FTA rules of origin for certain knit and woven apparel. Comments must be received by July 21, 2017.
USITC: New Releases, Documents, Announcements
Document Posting Date: May 23, 2017
The Quarterly CBP Trade Enforcement Bulletin highlights some of the many successes in which CBP enforces U.S. trade laws at and beyond our nation’s borders through interagency partnership and collaboration. As depicted in these success stories, CBP focuses its trade enforcement efforts on the agency’s Priority Trade Issues, and is committed to facilitating a proactive, aggressive, and dynamic trade enforcement system that protects the American consumer and our nation’s economic prosperity.
Quarterly Trade Enforcement Bulletin - FY 2017, Quarter 2
CBP Advises on Summer Travel to the US Caribbean - U.S. Customs & Border Protection
SAN JUAN, Puerto Rico – The Memorial Day weekend kick starts the summer travel season. U.S. Customs and Border Protection invites travelers to learn the guidelines concerning international arrival at any port of entry, particularly those arriving from international destinations into Puerto Rico and the Virgin Islands.
At the ports of entry, CBP Officers inspect passengers for compliance with U.S. immigration, customs and agriculture regulations. The more international travelers know about what to expect, the easier and quicker the process becomes.
In preparation for the summer travel season, CBP’s San Juan Field Office issues an advisory to improve every visitor’s experience when entering United States via the territories in the Caribbean.
“Programs such as Global Entry, expedite the arrivals process, but travelers can make their own experience better by being ready and aware of the requirements when entering the United States,” stated Vernon Foret, Acting Director of Field Operations for Puerto Rico and US Virgin Islands.
Tourists, U.S. Citizens (USC) and Legal Residents can take additional steps to smooth their arrivals process by familiarizing themselves with U.S. rules and regulations before departing to avoid potential penalties and fines upon their return.
Upon arrival to a U.S. port of entry, travelers must declare the following:
- Items you purchased and are carrying with you upon return to the United States.
- Items you bought in duty-free shops, on the ship, or on the plane.
- Repairs or alterations to any items you took abroad and then brought back, even if the repairs/alterations were performed free of charge.
- Items you brought home for someone else.
- Items you intend to sell or use in your business, including business merchandise that you took out of the United States on your trip.
Travel Requirements for U.S. Citizens
Individuals traveling abroad must have approved travel documents when returning home.
All travelers must have a valid passport, U.S. Military ID with official orders, Merchant Mariner’s Document for USC’s on official maritime business, or Permanent Resident card for international air travel.
The Western Hemisphere Travel Initiative (WHTI) requires U.S. and Canadian citizens, age 16 and older to present a valid, acceptable travel document, such as a passport, a U.S. passport card, a trusted traveler card, permanent resident card or an enhanced driver’s license that denotes both identity and citizenship when entering the U.S. by land or sea.
U.S. citizens who board a cruise ship at a US port within the Western Hemisphere and return to a U.S. port on the same ship (Closed Loop Cruises) may present a government issued photo ID, along with proof of citizenship (birth certificate, Consular report of Birth Abroad or Certificate of Naturalization.) U.S. and Canadian citizens under age 16 may present a birth certificate or alternative proof of citizenship when entering by land or sea.”
For additional information on documentary requirements, you can visit http://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative.
Travel Requirements for Visitors to the U.S.
All nationals or citizens of Visa Waiver Program (VWP) countries are required to have an approved Electronic System for Travel Authorization, or ESTA, prior to boarding a carrier to travel by air or sea to the U.S. under the VWP. ESTA applications may be submitted at any time prior to travel, and once approved, generally will be valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations will be valid for multiple entries into the United States. CBP recommends ESTA applications be submitted as soon as an applicant begins making travel plans.
Travel Checklist
- Have all the required travel documents for the country you are visiting, as well as identification for re-entry to the United States. Passports are required for air travel. Visit www.travel.state.gov for country-specific information.
- For those traveling by air or sea on a visa, CBP has automated the m I-94 removing the need for travelers to fill out a paper copy. Travelers will still be able to obtain their I-94 number and/or a copy of their I-94.
- Know the difference between prohibited merchandise (which is forbidden by law to enter the U.S.) and restricted merchandise (items needing special permit to be allowed into the U.S.). For more information, please visit the Restricted/Prohibited section of the CBP website. Do not attempt to bring fruits, meats, dairy/poultry products and/or firewood into the United States without first checking whether they are permitted.
- Understand that CBP officers can inspect you and your personal belongings without a warrant. This may include your luggage, vehicle, and personal searches and is meant to enforce our laws as well as protect legitimate travelers.
- If you are a frequent international traveler and haven’t already become a member of a trusted traveler program, sign up now. For more information, please visit the Trusted Traveler section of the CBP website.
- You may bring into or take out of the country, including by mail, as much money as you wish. However, if it is more than $10,000, you will need to report it to CBP. Ask the CBP officer for the Currency Reporting Form (FinCen 105). The penalties for non-compliance can be severe.
Finished Carbon Steel Flanges from Spain Injure U.S. Industry, Says USITC - U.S. International Trade Commission
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of finished carbon steel flanges from Spain that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the affirmative. Commissioner F. Scott Kieff did not participate in this vote.
As a result of the USITC’s affirmative determination, Commerce will issue an antidumping duty order on imports of these products from Spain.
The Commission’s public report Finished Carbon Steel Flanges from Spain (Investigation No. 731-TA-1333 (Final), USITC Publication 4696, June 2017) will contain the views of the Commission and information developed during the investigation.
The report will be available by June 28, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
Initiation of AD/CVD Investigations: Tubing and Alloy Steel - U.S. Customs & Border Protection
On May 9, 2017, the Department of Commerce (Commerce) initiated its less-than-fair-value duty investigations on “Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People’s Republic of China, and Switzerland” (Initiation Notice). These investigations have been assigned the following case numbers: A-428-845 (the Federal Republic of Germany), A-533-873 (India), A-475-838 (Italy), A-580-892 (Republic of Korea), A-570-058 (the People’s Republic of China) and A-441-801 (Switzerland). Also on May 9, 2017, Commerce initiated Countervailing Duty Investigations on “Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India and the People’s Republic of China.” These investigations have been assigned the following case numbers: C-533-874 (India) and C-570-059 (the People’s Republic of China).
The Scope of Merchandise covered by these investigations reads as follows:
The scope of these investigations covers cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, in actual outside diameters less than 331 mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and tempering, stress relieving or finish annealing. Typical cold-drawing methods for subject merchandise include, but are not limited to, drawing over mandrel, rod drawing, plug drawing, sink drawing and similar processes that involve reducing the outside diameter of the tubing with a die or similar device, whether or not controlling the inside diameter of the tubing with an internal support device such as a mandrel, rod, plug or similar device.
Subject cold-drawn mechanical tubing is typically certified to meet industry specifications for cold-drawn tubing including but not limited to:
(1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 (ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
(2) SAE International (Society of Automotive Engineers) specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613;
(3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
(4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-6736;
(5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to:
(a) German Institute for Standardization (DIN) specifications DIN 2391-2, DIN 2393-2, DIN 2394-2);
(b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, EN 10305-6 and European national variations on those standards (e.g., British Standard (BS EN), Irish Standard (IS EN) and German Standard (DIN EN) variations, etc.);
(c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 3445; and
(6) proprietary standards that are based on one of the above-listed standards.
The subject cold-drawn mechanical tubing may also be dual or multiple certified to more than one standard. Pipe that is multiple certified as cold-drawn mechanical tubing and to other specifications not covered by this scope, is also covered by the scope of these investigations when it meets the physical description set forth above.
Steel products included in the scope of these investigations are products in which: (1) iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight.
For purposes of this scope, the place of cold-drawing determines the country of origin of the subject merchandise. Subject merchandise that is subject to minor working in a third country that occurs after drawing in one of the subject countries including, but not limited to, heat treatment, cutting to length, straightening, nondestruction testing, deburring or chamfering, remains within the scope of the investigations.
All products that meet the written physical description are within the scope of these investigations unless specifically excluded or covered by the scope of an existing order. Merchandise that meets the physical description of cold-drawn mechanical tubing above is within the scope of the investigations even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of these investigations:
(1) cold-drawn stainless steel tubing, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight;
(2) products certified to one or more of the ASTM, ASME or American Petroleum Institute (API) specifications listed below:
• ASTM A-53;
• ASTM A-106;
• ASTM A-179 (ASME SA 179);
• ASTM A-192 (ASME SA 192);
• ASTM A-209 (ASME SA 209);
• ASTM A-210 (ASME SA 210);
• ASTM A-213 (ASME SA 213);
• ASTM A-334 (ASME SA 334);
• ASTM A-423 (ASME SA 423);
• ASTM A-498;
• ASTM A-496 (ASME SA 496);
• ASTM A-199;
• ASTM A-500;
• ASTM A-556;
• ASTM A-565;
• API 5L; and
• API 5CT
except that any cold-drawn tubing product certified to one of the above excluded specifications will not be excluded from the scope if it is also dual- or multiple-certified to any other specification that otherwise would fall within the scope of these investigations.
The products subject to the investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigations 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 determinations, 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. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on Tuesday, May 30, 2017, which is 20 calendar days from the signature date of the Initiation Notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Friday, June 9, 2017, which is 10 calendar days after the initial comments deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce 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.
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.
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