Petitions for the Imposition of Antidumping Duties and Countervailing Duties on Imports of Cast Iron Soil Pipe Fittings from the People’s Republic of China - 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.
II. Product: The merchandise covered by these investigations is finished and unfinished cast iron soil pipe fittings (“CISPF”), regardless of industry or proprietary specifications. These are nonmalleable iron castings of various shapes and sizes used in conjunction with cast iron soil pipe in the sanitary and storm drain, waste, and vent piping of buildings. These fittings include various designs and sizes, consisting of bends, tees, wyes, traps, drains, and other common or special fittings, with or without side inlets. CISPF are chemically different from most other types of nonmalleable fittings, and the configurations of the fittings are specific to the application. CISPF are not interchangeable with other types of non-malleable fittings.
Cast iron soil pipe and fittings are classified into two major types—hub and spigot and hubless. Hubless pipe and fittings are also referred to in the plumbing industry as no-hub. CISPF are distinguished from other types of nonmalleable cast iron fitting by the manner in which they are connected to cast iron soil pipe and other fittings. Hubless cast iron soil pipe and fittings are manufactured without a hub, generally in compliance with CISPI 301 and/or ASTM A888. The method of joining the pipe and fittings utilizes a metallic shielded hubless coupling, generally manufactured to CISPI 310 and/or ASTM A74, that telescopes over the plain ends of the pipe and fittings and is torqued to seal the joint. Hub and Spigot pipe and fittings have hubs into which the spigot (plain end) of the pipe or fitting is inserted. The joint is sealed with a thermoset elastomeric gasket or lead and oakum.
III. HTS classifications: The CISPF that are the subject of this petition are currently classifiable under subheading 7307.11.0045 of the Harmonized Tariff Schedule of the United States (“HTSUS”): Cast fittings of nonmalleable cast iron for cast iron soil pipe. They may also enter under other HTSUS subheadings. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of these investigations is dispositive.
IV. Date of Filing: July 13, 2017
V. Petitioners: The Cast Iron Soil Pipe Institute (CISPI) (CISPI has the following members: AB&I Foundry, Charlotte Pipe & Foundry, and Tyler Pipe)
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: 73.58%; No CVD Margin listed.
IX. Comments:
A. Projected date of ITC Preliminary Conference: August 3, 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 September 21, 2017; for countervailing duty is August 2, 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 any 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.
CUT Terminal Closing – Last OffPeak Shift is Thursday 7/13; No TMF From 7/17 - PierPass
California United Terminals Inc. has announced it is closing its terminal at the Port of Los Angeles. Its last OffPeak shift will be Thursday night, July 13.
CUT is currently working its last vessel. It has advised that effective Monday, July 17, it will no longer offer an OffPeak shift, but will keep labor during the day to work the gates and yard through the end of July, when it will cease those operations as well.
Beginning Monday, July 17, CUT will no longer collect a Traffic Mitigation Fee on cargo moving during day shifts. For more information, please contact CUT at 310-521-5000.
A new schedule of OffPeak gates beginning July 17 is available at http://www.pierpass.org/wp-content/uploads/2017/07/RollingSchedule-170717_2.pdf
OTEXA: Announcements - OTEXA (Office of Textile & Apparel)
07/19/2017 – Department of Commerce Initiation of Antidumping Duty (AD) Investigations of Imports of Low Melt Polyester Staple Fiber (Low Melt PSF) from the Republic of Korea (Korea) and Taiwan. Preliminary injury determination from the USITC on or before August 11, 2017.
CBP Seizes $248k Shipment of Counterfeit Designer Watches from Hong Kong - U.S. Customs & Border Protection
PHILADELPHIA – U.S. Customs and Border Protection (CBP) officers in Philadelphia recently seized counterfeit Rolex and Michael Kors watches, which, if authentic, held an MSRP of $248,075.
During an inspection of an international mail on May 16, CBP officers selected a parcel from Hong Kong that was manifested as “PI970 Lithium Metal Batteries.” Inside that parcel, CBP officers discovered 10 Rolex Oyster Perpetual watches, six (6) Rolex Oyster Perpetual Date Just watches, three (3) Gold Yacht Master Rolex watches, and five (5) Michael Kors watches.
“Our primary concerns are consumer safety and trademark protection. These counterfeit watches are likely assembled with inferior parts, they potentially steal jobs from employees who construct authentic watches, and they may negatively impact the legitimate business’ brand reputation,” said Shawn Polley, CBP Acting Port Director for the Area Port of Philadelphia. “Customs and Border Protection will continue to work closely with our trade and consumer safety partners to identify and seize counterfeit and inferior merchandise, especially those products that pose potential harm to American consumers.”
CBP suspected the watches to be counterfeit due to the poor quality of packaging, and because they shipped from Hong Kong, a non-traditional supply route for these watches.
CBP’s Consumer Products and Mass Merchandising Centers for Excellence and Expertise, the agency’s trade experts, worked with the trademark holders to verify the products as counterfeits. CBP officers in Philadelphia seized the watches June 28.
“The theft of intellectual property and the trade in substandard and often dangerous goods threatens America’s innovation economy and consumer health and safety, and it generates proceeds that fund criminal activities and organized crime,” said Casey Owen Durst, CBP’s Field Operations Director in Baltimore, the agency’s operational commander in the Mid-Atlantic region. “Intellectual property rights enforcement is a Customs and Border Protection priority trade issue, and a mission that we take seriously.”
CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights (IPR) enforcement program, and has made IPR enforcement a CBP Priority Trade Issue.
CBP and U.S. Immigration and Customs Enforcement seized a record number of goods that violated Intellectual Property Rights (IPR) in FY2016.
The number of IPR seizures increased 9 percent in FY2016 to more than 31,560. The total estimated manufacturer’s suggested retail price (MSRP) of the seized goods, had they been genuine, increased to more than $1.38 billion. As a result of CBP enforcement efforts, ICE Homeland Security Investigations agents arrested 451 individuals, obtained 304 indictments, and received 272 convictions related to intellectual property crimes in FY2016.
On a typical day in 2016, CBP officers seized $3.8 million worth of products with IPR violations.
If you have information about counterfeit merchandise being illegally imported into the United States, CBP encourages you to submit an anonymous report through e-Allegations Online Trade Violation Reporting System.
CBP’s Office of Field Operations
Almost a million times each day, CBP officers welcome international travelers into the U.S. In screening both foreign visitors and returning U.S. citizens, CBP uses a variety of techniques to intercept narcotics, unreported currency, weapons, prohibited agriculture, and other illicit products, and to assure that global tourism remains safe and strong. Learn more about what CBP did during "A Typical Day" in 2016.
CBP's border security mission is led at ports of entry by CBP officers from the Office of Field Operations. Please visit CBP Ports of Entry to learn more about how CBP’s Office of Field Operations secures our nation’s borders.
Statement from FDA Commissioner Scott Gottlieb, M.D., on the Funding Awards to States for FDA Food Safety Modernization Act (FSMA) Produce Safety Implementation - U.S. Food & Drug Administration
More than 3,000 Americans are estimated to die each year from foodborne illnesses and many more are hospitalized and sickened. Yet most of these illnesses and deaths are preventable. While the U.S. has one of the safest food supplies in the world, Congress entrusted the FDA with new authorities and resources – as part of the FDA Food Safety Modernization Act (FSMA) – to update and strengthen the FDA’s risk-based approach to the oversight of food safety.
This new law is transforming our food safety system from one that responds to contamination to one that prevents it in the first place. This change cannot happen without the support of our state partners who are helping food producers and growers understand and achieve the new requirements promulgated at Congress’ direction. These state partnerships are critical to our commitment to take an efficient and risk-based approach to the implementation of these new authorities. They help the FDA provide education and training to the agriculture community and facilitate compliance. These efforts ultimately ensure that our food is safe no matter where it’s produced.
Our partnerships with states are especially critical when it comes to fresh fruits and vegetables, which are covered under FSMA’s produce safety rule. States have a long history of successfully working with their farming communities. That’s why we leverage relationships with state-based partners to achieve many of our goals. Today we’re announcing an additional step in these efforts. The FDA is awarding $30.9 million in funding to support 43 states in their continued efforts to help implement the produce safety rule. This is the largest allocation of funds to date, made available by the FDA to help state agencies support FSMA produce safety rule implementation and develop state-based produce safety programs.
The FSMA produce safety rule establishes science-based minimum standards for the safe growing, harvesting, packing and holding of fruits and vegetables grown for human consumption. The rule is a critical part of FSMA and was developed after careful consideration of stakeholder comments. It reflects the feedback that the FDA received from thousands of public commenters.
The new funding the FDA is announcing today is a key part of the success of this program and the agency’s collaborative efforts with state-based programs. The funding will ensure that awardees have the resources to formulate a multi-year plan to implement a produce safety system and develop and provide education, outreach and technical assistance. These programs will prioritize farming operations covered by the produce safety rule. The funding will help awardees develop programs to address the specific and unique needs of their farming communities.
The availability of funding to states to support the produce safety rule was first announced in March 2016. Bids were open to all states and U.S. territories. In September 2016, we announced the awarding of $21.8 million to support 42 states with implementation of the produce safety rule. The $30.9 million we’re announcing today represents the second year of funding from the FDA to the states. Additional information on state awardees can be found here.
We look forward to continuing our work with states and all those who grow fruits and vegetables covered by the rule to improve produce safety, consistent with the mandate Congress gave the FDA under the new law. Working with the states, the FDA will also continue its vigorous outreach. We want to hear from farmers and other food producers to understand what challenges remain and how the FDA can best support their efforts to enhance produce safety. We all want the same thing: safe produce that our families can eat with confidence. We want to help deliver the economic and public health benefits that come when consumers know that produce is overseen by a modern, gold standard system for ensuring its safety.
The FDA, an agency within the U.S. Department of Health and Human Services, promotes and protects the public health by, among other things, 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.
Port of NY & NJ Welcomes First Vessel Over 13,000 TEUs - Port of NY & NJ/BreakingWaves
On Monday, July 17, Orient Overseas Container Line (OOCL) of Hong Kong and Salt Lake City, Utah sailed the largest container ship to date into the Port of New York and New Jersey.
The OOCL Berlin sailed into Newark Bay to dock at Maher Terminals Berth 68. A 13,208 TEU vessel, the Berlin measures longer than 1,200 feet (or the equivalent of 4 football fields) and is the largest vessel to transit under the newly elevated Bayonne Bridge roadway. To date, the longest ships to call New York and New Jersey terminals have been 1,000 feet long.
Docking pilots from McAllister Towing and Transportation handled the Berlin, which is operated in a vessel sharing agreement with Ocean Alliance (OA), partners CMA-CGM, COSCO Shipping, and Evergreen.
The vessel was rotated to the Port of New York and New Jersey to load empties on one of its many all-water East Coast services.
The OA and other carrier alliances have announced their intention to deploy even larger vessels of up to 18,000 TEUs to the Port of New York and New Jersey as cargo demand grows and as fewer East Coast ports are able to provide infrastructure sufficient to safely handle and work ships of this size.
Staff from The Port Authority of New York and New Jersey welcomed Captain Syed Khoda, Director, OOCL (USA) Inc., of Salt Lake City, along with officials from Maher Terminals in presenting a plaque marking the occasion to the Master of the Berlin, Captain Tan Chen Seng.
The Berlin will be joined by a sister ship of identical size, the OOCL Malaysia, later this summer.
Three other ships from the same group — the OOCL Korea, the OOCL Chongqing, and the OOCL France — are being considered for future rotation to New York and New Jersey, based on market conditions in the second half of 2017.
FMC Collects $925,000 In Penalty Payments - Federal Martime Commission
The Commission completed compromise agreements recovering a total of $925,000 in civil penalties. The agreements were reached with eight non-vessel-operating common carriers (NVOCCs) and an unlicensed entity. The agreed penalties resulted from investigations conducted by the Commission’s Area Representatives in New York, Seattle, and South Florida, and by Washington D.C. headquarters staff. The parties settled and agreed to penalties, but did not admit to violations of the Shipping Act or Commission regulations.
The Respondents and the alleged violations are:
Separate compromise agreements with NVOCCs Brilliant Group Logistics Corp., Valley Stream, NY; King Freight (USA), Inc., Cerritos, CA; Interglobo North America, Inc., Jersey City, NJ; Fastic Transportation Co. Ltd., Shanghai, PRC; and Pudong Prime Int’l Logistics, Inc., El Monte, CA, alleged that the Respondents each knowingly and willfully obtained transportation at less than applicable rates and charges by improperly utilizing rates contained in service contracts limited to certain named shipper accounts for unrelated shipments of cargo. Each compromise agreement also alleged that the Respondent provided transportation in the liner trade that was not in accordance with its published tariff.
The joint compromise agreement with NVOCCs Seamaster Logistics, Inc., Diamond Bar, CA, and Toll Global Forwarding (Hong Kong) Limited, Hong Kong, alleged that Respondents knowingly and willfully allowed another NVOCC to access their service contracts for a fee, and thereby unlawfully permitted a non-contract party to enjoy the benefits of service contracts contrary to its contract with the respective ocean common carrier. It was also alleged that Respondents provided ocean transportation in the liner trade that was not in accordance with their published tariffs.
The compromise agreement with Pacific International Import Export, LLC, Auburn, WA, alleged that Respondent acted as an NVOCC without a license, evidence of financial responsibility, or a published tariff.
The compromise agreement with licensed NVOCC A-Sonic Logistics (USA), Inc., Valley Stream, NY, alleged that Respondent knowingly and willfully accepted cargo from one or more ocean transportation intermediaries that did not have a published tariff, bond or other surety as required by the Shipping Act. It was also alleged that Respondent provided transportation that was not in accordance with the rates and charges set forth in its published tariff.