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Petitions for the Imposition of Antidumping Duties and Countervailing Duties on Uncoated Groundwood Paper from Canada - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I. Type of Action: Antidumping Duty (“AD”): Canada; Countervailing Duty (“CVD”) : Canada;

II. Product: The merchandise covered by this petition includes certain paper that has not been coated on either side and with 50 percent or more of the cellulose fiber content consisting of groundwood pulp, or deinked pulp made from recycled ONP (old newspapers), weighing not more than 90 grams per square meter. Groundwood pulp includes all forms of pulp produced from a mechanical process, such as thermo-mechanical process ("TMP"), chemi-thermo mechanical process ("CTMP"), or bleached chemi-thermo mechanical process ("BCTMP") or any other process other than the bleached Kraft process. The scope includes paper shipped in any form, including both rolls and sheets. Certain uncoated groundwood paper includes but is not limited to standard newsprint, high bright newsprint, book publishing, directory, and printing and writing papers. The scope includes paper that is white, off-white, cream, or colored. Specifically excluded from the scope are imports of paper printed with final content of printed text or graphic. Also excluded are papers that otherwise meet this definition, but which have undergone a supercalendering process.

III. HTS classifications: The subject merchandise is classifiable in the Harmonized Tariff Schedule of the United States ("HTSUS") in several subheadings including 4801.00.0120, 4801.00.0140, 4802.61.1000, 4802.61.2000, 4802.61.3010, 4802.61.3110, 4802.61.3191, 4802.61.6040, 4802.62.1000, 4802.62.2000, 4802.62.3000, 4802.62.6140, 4802.69.1000, 4802.69.2000, and 4802.69.3000.

IV. Date of Filing: August 9, 2017

V. Petitioners: North Pacific Paper Company (“NORPAC”)

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: 16.88% - 54.97%; No CVD Margin listed.

IX. Comments:

A. Projected date of ITC Preliminary Conference: August 30, 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 October 18, 2017; for countervailing duty is August 29, 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.


Announcement of Initiation of Antidumping and Countervailing Duty Investigations -  Fine Denier Polyester Staple Fiber from the People’s Republic of China, India, the Republic of Korea, Taiwan, and the Socialist Republic of Vietnam - USCBP

On May 31, 2017, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty investigations on “fine denier polyester staple fiber (fine denier PSF) from the People’s Republic of China, India, the Republic of Korea, Taiwan, and the Socialist Republic of Vietnam” (Initiation Notices). These investigations have been assigned the following case numbers: A-570-060 and C-570-061 (People’s Republic of China), A-533-875 and C-533-876 (India), A-580-893 (the Republic of Korea), A-583-860 (Taiwan) and A-552-822 (Socialist Republic of Vietnam).

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

The merchandise covered by these investigations is fine denier polyester staple fiber (fine denier PSF), not carded or combed, measuring less than 3.3 decitex (3 denier) in diameter. The scope covers all fine denier PSF, whether coated or uncoated. The following products are excluded from the scope:

(1)  PSF equal to or greater than 3.3. decitex (more than 3 denier, inclusive) currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 5503.20.0045 and 5503.20.0065.

(2)  Low-melt PSF defined as a bi-component fiber with a polyester core and an outer, polyester sheath that melts at a significantly lower temperature than its inner polyester core currently classified under HTSUS subheading 5503.20.0015.

Fine denier PSF is classifiable under the HTSUS subheading 5503.20.0025. Although the HTSUS subheadings are provided for convenience and customs purposes, 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 Monday, July 10, 2017, which is 20 calendar days from the signature date of the initiation notices. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Thursday, July 20, 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 identified above.

Required Entry of Appearance:

Parties wishing to participate in any of the investigations discussed above and be included on the public service list for the investigation 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.


USITC Delivers Final Report on Miscellaneous Tariff Petitions to Congressional Committees - U.S. International Trade Commission

The U.S. International Trade Commission (USITC or Commission) today submitted to Congressional committees a final report on miscellaneous tariff petitions it received under the 2016 American Manufacturing Competitiveness Act (AMCA).

The Commission’s final report and other background information can be found here: https://mtbps.usitc.gov/external/. The submission of the final report marks the completion of the first petition cycle required by the law.

In this report, the Commission categorizes petitions as either (a) petitions that meet the requirements of the Act with or without modification (Category I, II, III, or IV petitions), (b) petitions that do not contain the information required by the Act or for which the Commission determined that the petitioner was not a likely beneficiary (Category V petitions), or (c) petitions that the Commission does not recommend for inclusion in a miscellaneous tariff bill (Category VI petitions).

The Commission’s final report provides recommendations on 2,524 petitions. The largest product categories were chemicals, accounting for 1,464 petitions; machinery and equipment, accounting for 457 petitions; and textiles, apparel and footwear, accounting for 456 petitions. Of the 2,524 petitions, the Commission assigned 1,825 to Categories I through IV, 54 to Category V, and 645 to Category VI.

Enacted in May 2016, the AMCA mandates two petition submission cycles, during which petitioners who can demonstrate that they are likely beneficiaries of a suspension or reduction of duties submit petitions to the USITC. The first cycle began October 15, 2016, and the second will begin by October 15, 2019. Under the process, once petitions are submitted, the USITC evaluates them and, taking into account information from the Department of Commerce and U.S. Customs and Border Protection, determines whether they meet certain statutory requirements. The USITC submits preliminary and final reports to the House Committee on Ways and Means and the Senate Committee on Finance for their use in developing a miscellaneous tariff bill for Congressional consideration.


ITA:  Announcements - International Trade Administration

08/03/2017 – USTR Report to Congress on Trade Enforcement Priorities. Published July 2017.


CBP Seizes Marijuana Found In Three Separate Shipments - U.S. Customs & Border Protection

BUFFALO, N.Y. – U.S. Customs and Border Protection officers and agriculture specialists at the Port of Buffalo made three separate seizures of marijuana being shipped into the U.S. during the past week. The seizures totaled just over 13 pounds and were discovered in commercial shipments.

On July 28 and August 2, CBP officers at the Peace Bridge targeted two separate shipments for examination and discovered more than 8.5 pounds of marijuana.

Today, CBP agriculture specialists examining a shipment at the Lewiston Bridge discovered several resealed snack bags. Further inspection of the bags revealed the contents as marijuana weighing just over 4.5 pounds.

“CBP officers are constantly on the lookout for smugglers who continuously try new and creative ways to bring drugs across our borders,” said Acting Port Director Cary Frieling. “I commend our CBP officers and agriculture specialists for demonstrating for their vigilance and diligence in preventing these drugs from entering our community.”

In fiscal year 2016, the Buffalo Field Office made over 600 narcotic seizures – a 35 percent increase from the prior year.


CBP Officers Seize Counterfeit Goods at Ranier Rail Facility - US Customs & Border Protection

INTERNATIONAL FALLS, Minn. — U.S. Customs and Border Protection (CBP) Office of Field Operations officers working at the International Falls Port of Entry (POE) recently targeted a rail container destined for the Ranier POE. In early August, CBP officers inspected the container and discovered merchandise that violated multiple laws and regulations.

The merchandise consisted of 36,000 toy airplanes. Examination of the merchandise led officers to further investigate licenses and trademarks required. Upon discussion with the trademark holders, it was determined that neither the importer, nor the manufacturer were licensed to display trademarks or manufacture the merchandise in question. As a result, CBP seized those items. The counterfeit merchandise had an aggregate manufacturer’s suggested retail price of more than $575,000.

“CBP remains focused on enforcing the importation of counterfeit products while facilitating the lawful importation of merchandise,” said Anthony “Tony” Jackson, the port director in International Falls.

Stopping the flow of illicit goods is a priority trade issue for CBP. The importation of counterfeit merchandise can damage the U.S. economy and threaten the health and safety of the American people. For more information on CBP’s Intellectual Property Rights (IPR) priority trade issue visit: CBP Trade and IPR.

With the growth of foreign trade, unscrupulous companies have profited billions of dollars from the sale of counterfeit and pirated goods. To combat the illicit trade of merchandise violating laws relating to IPR, trademark and copyright holders may register with CBP through an online system. Such registration assists CBP officers and import specialists in identifying merchandise that violate U.S. law.

CBP’s IPR enforcement strategy is multi-layered and includes seizing illegal merchandise at our borders, pushing the border “outward” through audits of suspect importers, cooperating with our international trading partners, and collaborating with industry and governmental agencies to enhance these efforts.

 
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