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Petitions for the Imposition of Antidumping and Countervailing Duties on Polytetrafluoroethylene (PTFE) from the People’s Republic of China and India - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I. Type of Action: Antidumping Duty (“AD”) in China and India, and Countervailing Duty (“CVD”) in India

II. Product:  This petition is intended to cover PTFE in all forms, as follows:

The product covered by the requested antidumping and countervailing duty orders is polytetrafluoroethylene (PTFE) resin, including but not limited to whether granular, dispersion, or coagulated dispersion (also known as fine powder). PTFE is covered by the scope of this investigation whether filled or unfilled, whether or not modified, and whether or not containing co-polymer additives, pigments, or other materials. Also included is PTFE wet raw polymer. The chemical formula for PTFE is C2F4, and the Chemical Abstracts Service Registry number is 9002-84-0.

PTFE further processed into micropowder, having particle size ranging from 1 to 25 microns, is excluded from the scope of this investigation.

III. HTS classifications:  PTFE is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 3904.61.0010 and 3904.61.0090. Subject merchandise may also be classified under subheading 3904.69, HTSUS. Although the HTSUS subheadings and CAS Numbers are provided for convenience and Customs purposes, the written description of the scope is dispositive.

IV. Date of Filing: September 28, 2017

V. Petitioners: The Chemours Company FC LLC

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 Margins (No CVD Rates Listed):

PRC: 23.4%-408.9%

India: 15.8%-128.1%

IX. Comments:

A. Projected date of ITC Preliminary Conference: October 19, 2017.

Please contact our office for a complete projected schedule for the AD and CVD investigations.

B. The earliest theoretical date for retroactive suspension of liquidation for the AD is January 26, 2018; CVD is November 27, 2017.

C. Volume and Value of Imports: Please contact our office for a summary of the data filed with the petition.

D. List of Alleged Subsidy Programs: Please contact our office for a list of alleged subsidy programs.

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.


Notations Inc. Settles $1 Million Civil Suit on Falsifying Invoices - U.S.  Immigratios and Customs Enforcement

NEW YORK — Pursuant to an investigation led by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) New York, and U.S. Customs and Border Protection (CBP), Notations, Inc. (Notations), a garment wholesaler based in Warminster, Pennsylvania, with a showroom in New York, has settled civil fraud claims brought under the False Claims Act.

As alleged in the complaint, Notations repeatedly ignored warning signs that its business partner, which imported garments from China, was engaged in a scheme to underpay customs duties owed on the imported garments it sold to Notations. Pursuant to the settlement, Notations admits and accepts responsibility for failing to act in response to indications of fraudulent conduct, agrees to pay $1 million in damages, and agrees to implement measures designed to prevent future fraud by Notations or its business partners.

“Evading the payment of customs duties to increase profit is not a victimless crime; it has a negative effect on the U.S. economy and law-abiding importers. HSI special agents will continue to work diligently with the officers of CBP to locate these offenders and put an end to their fraudulent business practices,” stated Special Agent in Charge of HSI New York, Angel M. Melendez.

“As global supply chains grow more complex, it is important for American businesses to know their suppliers and be confident of their integrity. The outcome of this case is a testament to the dedication of our partners in the United States Attorney’s Office, Homeland Security Investigations, and the men and women of CBP in enforcing our nation’s trade laws and holding accountable those perpetrating this type of fraud,” said CBP Acting Director Leon Hayward.

As alleged in the complaint-in-intervention filed last year, Yingshun Garments, Inc. (Yinghsun), an importer of women’s apparel manufactured in China, and Import Global Designs Inc. (Import Global) and Olgrem, LLC (“Olgrem”), successor entities to Yingshun, and Marie Rogers, an owner and/or officer of each entity, engaged in a double-invoice scheme whereby Yingshun (and later Import Global and Olgrem) presented false and fraudulent invoices to CBP, showing prices for imported garments that were discounted by 75 percent or more, for the purpose of avoiding customs duties on the garments. Notations, which was Yingshun’s biggest customer, aided the fraudulent scheme by ignoring warning signs that Yingshun’s irregular business practices were highly suggestive of fraud.

As part of the settlement, Notations agreed to pay $1 million in damages. Notations also admits and accepts responsibility for its failure to take action in response to multiple warning signs that Yingshun, Import Global and Olgrem were undervaluing their imported goods and therefore paying less in import duties than they should have been paying. Notations also has agreed to implement a written compliance policy which will include measures to educate its employees on identifying red flags for fraud in import transactions, to monitor the conduct of its business partners who act as importers of overseas goods and to report all potentially fraudulent conduct to CBP.

This matter was initiated by a relator pursuant to the qui tam provisions of the False Claims Act, 31 U.S.C. § 3729 et seq. Claims against Yingshun, Import Global, Olgrem and Marie Rogers remain pending. The government’s case is being prosecuted by the U.S. Attorney for the Southern District of New York Office’s Civil Frauds Unit.


USITC:  News Releases, Documents and Announcement - International Trade Administration

Nearly one child a month dies after becoming entangled in a window-covering cord. Considered one of the top hidden dangers in the home, accessible window covering cords pose a deadly strangulation hazard to young children nationwide.

Action leads to prevention

First, read below about the hazard and CPSC’s recommended safety tips. Then purchase and install cordless window coverings or window coverings with inaccessible cords in homes and buildings where children live or visit. Finally, share this lifesaving information with others.

The Hazard Scenario

Strangulation deaths and life-altering injuries can occur wherever there is a window covering with an exposed cord. Children can wrap window covering operating cords around their necks or can become entangled in loops formed by cords, some of which are not clearly visible, but are accessible.
•Incidents have involved children up to 9 years of age.
•Strangulation has occurred most often in children’s bedrooms and in living rooms, areas generally perceived by care givers as safe.
•Strangulation happens quickly and silently.

How to Stay Safe At Home

To prevent window covering cord strangulation:

* Use cordless or inaccessible cord window coverings in homes where young children live or visit. Child safe window blinds and shades are available for sale today.

* Examine all shades and blinds for accessible cords on the front, side and back.

* Do not place cribs, beds and furniture close to the windows.

* Check regularly that cords are out of reach of young children and cannot form dangerous loops.

A young child is likely to die this month, strangled by a window covering cord. In recent years, CPSC has recalled millions of window coverings that have cords. Learn more about this hidden hazard and how to keep young children safe.

WASHINGTON – The Federal Emergency Management Agency (FEMA), through its national headquarters in Washington, D.C., regional offices in Denton, Texas, and Atlanta, Georgia, and liaisons at the National Hurricane Center in Florida, is monitoring the track of Tropical Depression 16 that has formed in the Gulf of Mexico. While it is too early to specify the timing or magnitude of the possible impacts of the storm, FEMA is encouraging residents and visitors in areas along the Gulf Coast to monitor weather reports, and follow directions from local officials.

According to the National Hurricane Center, the depression is forecast to strengthen and bring tropical storm conditions and heavy rainfall to portions of Nicaragua and Honduras tonight through Thursday. The system is forecast to continue strengthening over the Gulf of Mexico and could affect portions of the northern Gulf Coast of the Unites States as a hurricane this weekend, with direct impacts from wind, storm surge, and heavy rainfall.

As of 11 a.m. EDT, the center of Tropical Depression 16 was located about 210 miles south southeast of Cabo Gracias a Dios on the Nicaragua/Honduras border. The depression is moving toward the northwest near 7 miles per hours and this motion is expected to continue today. On the forecast track, the depression should be nearing the coast of Nicaragua early Thursday, move across northeastern Nicaragua and eastern Honduras late Thursday, and emerge into the northwestern Caribbean Sea on Friday.

History shows that storm tracks can change quickly and unexpectedly. Residents and visitors in areas potentially affected by the severe weather, should continue to monitor local radio or TV stations for updated emergency information, and follow the instructions of state, local, and tribal officials.

The FEMA app (available in English and Spanish) provides a customizable checklist of emergency supplies, directions to open shelters and recovery centers, disaster survival tips, and weather alerts from the National Weather Service. The app also enables users to receive push notifications reminding them to take important steps to prepare their homes and families for disasters.

Safety and Preparedness Tips:

FEMA recommends residents along the Gulf Coast from Louisiana to Florida should monitor the progress of this system for the next several days, heed instructions from local officials and follow the below preparedness and safety tips:

  • Be familiar with evacuation routes, have a communications plan, keep a battery-powered radio handy and have a plan for pets. Visit www.ready.gov or www.listo.gov to learn these and other preparedness tips for tropical storms.
  • If local or tribal officials order evacuations, evacuate.
  • Get to know the terms that are used to identify severe weather and discuss with your family what to do if a watch or warning is issued.

For a tropical storm:

  • A Tropical Storm Watch is issued when tropical cyclone containing winds of at least 39 MPH or higher poses a possible threat, generally within 48 hours.
  • A Tropical Storm Warning is issued when sustained winds of 39 MPH or higher associated with a tropical cyclone are expected in 36 hours or less.

For a hurricane:

  • A Hurricane Watch is issued when a tropical cyclone containing winds of at least 74 MPH poses a possible threat, generally within 48 hours.
  • A Hurricane Warning is issued when sustained winds of 74 MPH or higher associated with a tropical cyclone are expected in 36 hours or less. A hurricane warning can remain in effect when dangerously high water or a combination of dangerously high water and exceptionally high waves continue, even though winds may be less than hurricane force.

Businesses of all sizes should prepare in advance for the approaching storm to prevent loss of life, property, or disruption to operations. Businesses can review and update their business continuity plans and ensure their workforce knows what to do before and during the storm. Resources are available on web sites such as Ready.gov/business and the SBA.gov/disaster-planning.

 
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