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Department of Commerce Self-Initiates Antidumping Duty and Countervailing Duty Investigations of Imports of Common Alloy Aluminum Sheet from the People’s Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I. Type of Action: Antidumping Duty (“AD”) / Countervailing Duty (“CVD”): People’s Republic of China.

II. Product: The merchandise covered by these investigations is common alloy aluminum sheet, which is a flat-rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Common alloy aluminum sheet within the scope of these investigations includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet.

With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core.

Common alloy sheet may be made to ASTM specification B209-14, but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the common alloy sheet.

Excluded from the scope of these investigations is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans.

Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-19, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.

III. HTS classifications: Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further, merchandise that falls within the scope of these investigations may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 7606.92.6040, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.

IV. Date of Initiation: November 28, 2017

V. Alleged Dumping Margins: 56.54% - 59.72% - (No CVD Rates provided)

VI. Comments:

A. Projected date of ITC Preliminary Determination: January 12, 2018.

B. Please contact our office for a projected schedule for the AD/CVD investigations.

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.


Importation of other Sugar from MX per Amended AD/CVD Agreements - U.S. Customs & Border Protection

Requirements for the Importation of Other Sugar from Mexico into the Customs Territory of the United States in accordance with Amendments to the Agreements Suspending the AD/CVD Investigations on Sugar from Mexico.

The Department of Commerce (Commerce) published in the Federal Register on 12/29/2014 (79 FR 78039) the notice of “Sugar From Mexico: Suspension of Antidumping Investigation”, effective 12/19/2014. Imports of sugar from Mexico are subject to the terms and conditions of the Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico (the AD Agreement) between Commerce and signatory producers or exporters of sugar from Mexico. See Commerce AD/CVD instructions to U.S. Customs and Border Protection (CBP) in message numbers 4365304 dated 12/31/2014 and 5086304 dated 03/27/2015.

In addition, Commerce published in the Federal Register on 12/29/2014 (79 FR 78044) the notice of “Sugar From Mexico: Suspension of Countervailing Investigation”, effective 12/19/2014. Imports of sugar from Mexico are subject to the terms and conditions of the Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico (the CVD Agreement) between Commerce and the Government of Mexico. See Commerce AD/CVD message numbers 4364303 dated 12/30/2014, 5086305 dated 03/27/2015, and 5338301 dated 12/04/2015.

On July 11, 2017, Commerce published in the Federal Register, an amendment to the AD agreement (collectively, the amended AD Agreement, 82 FR 31945) signed by Commerce and the signatory producers and exporters of sugar from Mexico and an amendment to the CVD agreement (collectively, the amended CVD Agreement, 82 FR 31942) signed by Commerce and the Government of Mexico. The amended AD and CVD agreements apply to all contracts for Sugar from Mexico for the October 1, 2017 through September 30, 2018 Export Limit Period (as defined in the amended CVD Agreement), and to all contracts for Sugar from Mexico (regardless of Export Limit Period) exported from Mexico on or after October 1, 2017.

In accordance with the amended CVD Agreement, presentation to CBP of a valid export license issued by the Government of Mexico continues to be a condition of entry for shipments of sugar from Mexico covered by the amended agreement and entered, or withdrawn from warehouse, for consumption on or after 02/17/2015. See Message 7219308, dated 08/07/2017. In addition, importers must report the Mexican sugar export license with the Entry Summary data.

In accordance with newly-added Section VII.C.6 of the amended AD Agreement, Commerce, in message number 7216303 dated 08/04/2017, requested that CBP inform the importing public of the following requirements for the importation of Other Sugar from Mexico (as defined in the amended AD Agreement and the amended CVD Agreement), as follows:

Other Sugar may enter the Customs territory of the United States if the following conditions are met:

1. Exporters of Other Sugar are required to ensure, through inclusion of obligations in their sales contracts or otherwise, that:

a. importers of record of such Other Sugar agree to ensure that Other Sugar is tested for polarity by a laboratory approved by CBP upon entry into the United States, with samples drawn in accordance with CBP standards, and;

b. the importers of record agree to report the polarity test results for each entry to the Department of Commerce within 30 days of entry.

2. Such polarity test reports must be filed on the official Commerce records for both the AD Agreement and the CVD Agreement.

3. For clarity, sampling will be done in accordance with CBP standards (e.g., CBP Directive No. 3820-001B), or its successor directive as agreed by Commerce and the signatory producers and exporters of sugar from Mexico, including the CBP requirement that the polarity level of an entry will be the average of the samples from that entry.

Testing may be completed by CBP Laboratories & Scientific Services (CBP Labs), a federal government laboratory system, which supports the enforcement of U.S. trade laws. The CBP Labs can accept raw sugar samples from importations if sampled and submitted in accordance with CBP Directive 3820-001B, however the CBP Labs cannot issue reports directly to importers of record. The CBP Lab reports can only be issued to the port of entry or the CBP Import Specialist assigned to the entry. If an importer wishes to receive a copy of a CBP Lab report regarding their entry, the importer must request the report from the port of entry or the Import Specialist assigned to the entry.

In the interest of satisfying the Department of Commerce requirements and timelines for importations of other sugars from Mexico, it is recommended that samples be sent to the lone CBP Accredited Laboratory for the analysis of sugar, R. Markey & Sons, Inc. in New York, which will be able to issue their laboratory reports directly to the importer who submits the sugar sample. Their accreditation status allows their reports to be used for customs purposes and are sufficient for meeting the Commerce requirement “that importers of record of such Other Sugar agree to ensure that Other Sugar is tested for polarity by a laboratory approved by U.S. Customs and Border Protection (CBP).”

For a list of all CBP accredited labs please see: https://www.cbp.gov/document/forms/cbp-approved-gaugers-and-accredited-laboratories-list.

For Further Information, see the Federal Register notices at 82 FR 31942 and 82 FR 31945, July 11, 2017; Commerce AD/CVD message number 7216303 dated 08/04/2017 regarding the amended AD Agreement; and message numbers 7216304 dated 08/04/2017 and 7219308 dated 08/07/2017 regarding the amended CVD Agreement.

Commerce AD/CVD messages are available in ACE and on ADDCVD search on CBP.gov at http://adcvd.cbp.dhs.gov/adcvdweb/.


Treasury Sanctions Trading, Labor, and Shipping Companies and Vessels to Further Isolate North Korea - U.S. Department of the Treasury

WASHINGTON – The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) today sanctioned one individual, 13 entities, and 20 vessels as the United States continues to take action multilaterally and unilaterally to disrupt North Korea's illicit funding of its unlawful nuclear and ballistic missile programs. Today's sanctions target third-country persons with long-standing commercial ties to North Korea, as well as the transportation networks that facilitate North Korea's revenue generation and operations.

"As North Korea continues to threaten international peace and security, we are steadfast in our determination to maximize economic pressure to isolate it from outside sources of trade and revenue while exposing its evasive tactics," said Treasury Secretary Steven T. Mnuchin. "These designations include companies that have engaged in trade with North Korea cumulatively worth hundreds of millions of dollars. We are also sanctioning the shipping and transportation companies, and their vessels, that facilitate North Korea's trade and its deceptive maneuvers."

Eleven of today's designations were issued pursuant to E.O. 13810, which targets, among others, persons that operate in the North Korean transportation industry, as well as persons who have engaged in a significant importation from or exportation to North Korea. The remaining entities were sanctioned pursuant to E.O. 13722, which targets, among others, persons involved in the exportation of workers from North Korea, including exportation to generate revenue for the Government of North Korea or the Workers' Party of Korea, and blocks the property and interests in property of the Government of North Korea and the Workers' Party of Korea. As a result of today's actions, any property or interests in property of those designated by OFAC within U.S. jurisdiction are blocked, and transactions by U.S. persons involving the designated persons are generally prohibited.

Chinese Trading Companies and Individual

OFAC designated Dandong Kehua Economy & Trade Co., Ltd., Dandong Xianghe Trading Co., Ltd., and Dandong Hongda Trade Co. Ltd. pursuant to E.O. 13810. Between January 1, 2013 and August 31, 2017, these three companies cumulatively exported approximately $650 million worth of goods to North Korea and cumulatively imported more than $100 million worth of goods from North Korea. These goods have included notebook computers, anthracite coal, iron, iron ore, lead ore, zinc ore, silver ore, lead, and ferrous products.

OFAC designated Sun Sidong and his company, Dandong Dongyuan Industrial Co., Ltd. (Dongyuan), pursuant to E.O. 13810. Sun and Dongyuan were responsible for exporting over $28 million worth of goods to North Korea over several years, including motor vehicles, electrical machinery, radio navigational items, aluminum, iron, pipes, and items associated with nuclear reactors. Dongyuan has also been associated with front companies for weapons of mass destruction-related North Korean organizations.

North Korean Shipping and Trading Companies and Vessels

OFAC identified the Maritime Administration of the Democratic People's Republic of Korea (DPRK) and the Ministry of Land and Maritime Transportation of the DPRK as agencies, instrumentalities, or controlled entities of the Government of North Korea, pursuant to E.O. 13722. OFAC also designated six North Korean shipping and trading companies pursuant to E.O. 13810 for operating in the transportation industry in North Korea, and OFAC blocked 20 of their vessels, all of which are DPRK-flagged:

  • Korea Rungrado Shipping Company and its vessels PU HUNG 1, RUNG RA DO, and YANG GAK DO;
  • Korea Rungrado Ryongak Trading and its vessels RUNG RA 1 and RUNG RA 2;
  • Yusong Shipping Company and its vessels WON SAN 2, ZA RYOK 2, 7-28, YU SONG 12, and YU SONG 7;
  • Dawn Marine Management Co. Ltd and its vessels JANG GYONG, KUM SONG 3, KUM SONG 5, KUM SONG 7, and KUM UN SAN 3;
  • Korea Daebong Shipping Company and its vessel RAK RANG; and
  • Korea Kumbyol Trading Company and its vessels KANG SONG 1, KU BONG RYONG, SO BAEK SAN, and RYE SONG GANG 1.

North Korea is known to employ deceptive shipping practices, including ship-to-ship transfers, a practice prohibited by United Nations Security Council Resolution (UNSCR) 2375 of September 11, 2017.

North Korean Overseas Labor Revenue

OFAC designated Korea South-South Cooperation Corporation pursuant to E.O. 13722 for having engaged in, facilitated, or been responsible for the exportation of workers from North Korea, including exportation to generate revenue for the Government of North Korea or the Workers' Party of Korea. Korea South-South Cooperation Corporation has operated in China, Russia, Cambodia, and Poland. UNSCR 2375 prohibits countries from providing work authorizations after September 11, 2017 for DPRK nationals in their jurisdictions in connection with admission to their territories unless approved in advance.


USITC - News Releases, New Documents and Announcements - U.S. International Trade Commission

Many dog owners know not to toss a turkey or chicken bone to their dog; those bones are just too brittle. But the U.S. Food and Drug Administration (FDA) says the risk goes beyond that, especially when it comes to the “bone treats” you may see at the store.

What’s a Bone Treat?

FDA has received about 68 reports of pet illnesses related to "bone treats,” which differ from uncooked butcher-type bones because they are processed and packaged for sale as dog treats. A variety of commercially-available bone treats for dogs—including treats described as “Ham Bones,” “Pork Femur Bones,” “Rib Bones,” and “Smokey Knuckle Bones”—were listed in the reports. The products may be dried through a smoking process or by baking, and may contain other ingredients such as preservatives, seasonings, and smoke flavorings.

So if you’re planning to give your dog a stocking full of bone treats this holiday season, you may want to reconsider. According to Carmela Stamper, a veterinarian in the Center for Veterinary Medicine (CVM) at the FDA, “Giving your dog a bone treat might lead to an unexpected trip to your veterinarian, a possible emergency surgery, or even death for your pet.”

Illnesses Reported

Illnesses reported to FDA by owners and veterinarians in dogs that have eaten bone treats have included:

  • Gastrointestinal obstruction (blockage in the digestive tract)
  • Choking
  • Cuts and wounds in the mouth or on the tonsils
  • Vomiting
  • Diarrhea
  • Bleeding from the rectum, and/or
  • Death. Approximately fifteen dogs reportedly died after eating a bone treat.

The reports, sent in by pet owners and veterinarians, involved about 90 dogs (some reports included more than one dog). In addition, FDA received seven reports of product problems, such as moldy-appearing bones, or bone treats splintering when chewed by the pet.

Tips to Keep Your Dog Safe

Here are some tips to keep your dog safe:

  • Chicken bones and other bones from the kitchen table can cause injury when chewed by pets, too. So be careful to keep platters out of reach when you’re cooking or the family is eating.
  • Be careful what you put in the trash can. Dogs are notorious for helping themselves to the turkey carcass or steak bones disposed of there.
  • Talk with your veterinarian about other toys or treats that are most appropriate for your dog. There are many available products made with different materials for dogs to chew on.

“We recommend supervising your dog with any chew toy or treat, especially one she hasn’t had before,” adds Stamper. “And if she ‘just isn’t acting right,’ call your veterinarian right away!”

To report a problem with a pet food or treat, please visit FDA’s Web page on “How to Report a Pet Food Complaint.”
 
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