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Ports Closed Due to Hurricane Florence - U.S. Customs & Border Protection

  • Local Closure for Port 1401 (Norfolk-Newport News) on September 14, 2018.  
  • Local Closure for Port 1501 (Wilmington) on Thursday, September 13 and Friday, September 14, 2018. 
  • Local Closure for Port 1601 (Charleston) on Thursday, 9/13 and Friday 9/14
    Commerce Department Amends Regulations for Exclusion Requests for Section 232 Duties on Steel and Aluminum - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

On September 11, 2018, the Department of Commerce published in the Federal Register an amendment to the rules on the submission and processing of exclusions requests on steel and aluminum articles subject to duties and quotas under Section 232 of the Trade Expansion Act. As noted below, rebuttal comments are now due as early as September 18. Duties of 25% ad valorem on steel and 10% ad valorem on aluminum have been in effect for certain countries since March 23, 2018.

The regulations are in 15 CFR Part 705 Supplements 1 and 2. Important changes under the amended regulations include:

  • Under limited circumstances, parties can now request exclusions on products subject to quotas. (see Proclamation 9777 of August 29, 2018 for details).
  • The party requesting the exclusion (the Requestor) can submit a rebuttal to any objections, and the objector can then submit a sur-rebuttal within 7 days.
  • Rebuttals must be submitted within 7 days of BIS opening the rebuttal period, or the posting of an objection.
  • Rebuttals must be submitted for each objection on a specified form and must address specific criteria.
  • Criteria for reviewing exclusion requests have been clarified. For example, a product is determined to be “not reasonably available immediately in the United States” if it cannot be produced within 8 weeks. In addition, a determination of “satisfactory quality” can include internal company quality controls and standards.
  • There appears to be more flexibility to include product ranges in a single exclusion request, provided the manufacturing process permits small tolerances, and the permissible range falls within a single 10-digit HTS subheading.
  • There are new procedures for submitting confidential business information.
  • The effective date for retroactive refunds of duties on granted exclusion requests is the date the request was submitted to BIS, and not the date BIS posted the request (this change was made by Proclamation 9777)


  • As of September 11, BIS had opened the rebuttal period for hundreds of pending exclusion requests for which objections were previously posted. These rebuttals are due September 18. BIS will open additional rebuttal periods up through early next week, in each case triggering a 7-day deadline. Affected parties must check on a daily basis to identify relevant exclusion requests. Failure to meet these deadlines will likely result in denial.
  • For exclusion requests previously denied based on an objection containing inaccurate information – requesters can resubmit an exclusion request that references the original request and provides information demonstrating the inaccuracy. The regulation does not address if refunds will be retroactive to the date of original submission, or the new submission, and we are informed that BIS has not made any commitment to provide relief retroactive to the original submission.
  • For exclusion requests denied as being “incomplete” – we are informed that these denials are based primarily on inaccurate HTS classifications, or situations in which a tolerance range spanned two HTS statistical subheadings. It would appear that requestors must resubmit the exclusion requests. BIS has not made any commitment to provide relief retroactive to the date the original request was filed.

GDLSK attorneys are directly involved in the Section 232 exclusion process. We are assisting the staff of key members of Congress that are working with BIS to ensure a fairer and more transparent process, and we have been meeting with BIS officials to raise concerns on improper denials of exclusion requests.

Please contact one of the attorneys in our offices if you desire guidance navigating the exclusion process, including preparing and submitting rebuttals, pursuing refunds of duties on granted requests, or determining best options for previously denied exclusion requests. We are working with companies on strategies to obtain retroactive relief in cases where exclusion requests were improperly denied, including the potential for judicial review.

Petitions for the Imposition of Antidumping Duties on Strontium Chromate from France and Austria - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I.  Type of Action: Antidumping Duty (“AD”)

II.  Product:

The merchandise covered by this investigation is strontium chromate, regardless of form (including but not limited to, powder (sometimes known as granular), dispersions (sometimes known as paste), or in any solution). The chemical formula for strontium chromate is SrCr04 and the Chemical Abstracts Service (CAS) registry number is 7789-06-2.

Strontium chromate that has been blended with another product or products is included in the scope if the resulting mix contains 15 percent or more of strontium chromate by total formula weight. Subject merchandise includes strontium chromate from Austria or France in powder form that has been processed in a third country into a product that otherwise would be within the scope of this investigation, i.e., if any such further processing would not otherwise remove the merchandise from the scope of the investigation if performed in Austria or France, it is included in the scope of the investigation.

III. HTS classifications:

The merchandise subject to this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 2841.50.9100. Subject merchandise may also enter under HTSUS subheading 3212.90.00 or other subheadings. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the merchandise is dispositive.

IV. Date of Filing: September 5, 2018

V.  Petitioners:  Lumimove Inc., d.b.a. WPC Technologies (“WPC”)

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:

Austria:  82.6
France:  53.1 

IX.  Comments:

A.    Projected date of ITC Preliminary Conference: September 26, 2018.

B.    The earliest theoretical date for retroactive suspension of liquidation for the AD is November 14, 2018.  

         Please contact our office for a complete projected schedule for the AD 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.​

Initiation of Antidumping Duty Investigation: Steel Wheels 12 to 16.5 Inches from China - U.S. Customs & Border Protection

On August 28, 2018, the Department of Commerce (Commerce) initiated its less-than-fair-value duty investigation on Certain Steel Wheels 12 to 16.5 Inches in Diameter from the People’s Republic of China (Initiation Notice).  This investigation has been assigned the following case number: A-570-090.


The Scope of Merchandise covered by this investigation reads as follows:  The scope of this investigation is certain on-the-road steel wheels, discs, and rims for tubeless tires with a nominal wheel diameter of 12 inches to 16.5 inches, regardless of width.  Certain on-the-road steel wheels with a nominal wheel diameter of 12 inches to 16.5 inches within the scope are generally for road and highway trailers and other towable equipment, including, inter alia, utility trailers, cargo trailers, horse trailers, boat trailers, recreational trailers, and towable mobile homes.  The standard widths of certain on-the-road steel wheels are 4 inches, 4.5 inches, 5 inches, 5.5 inches, 6 inches, and 6.5 inches, but all certain on-the-road steel wheels, regardless of width, are covered by the scope.

The scope includes rims and discs for certain on-the-road steel wheels, whether imported as an assembly, unassembled, or separately.  The scope includes certain on-the-road steel wheels regardless of steel composition, whether cladded or not cladded, whether finished or not finished, and whether coated or uncoated.  The scope also includes certain on-the-road steel wheels with discs in either a “hub-piloted” or “stud-piloted” mounting configuration, though the stud-piloted configuration is most common in the size range covered. 

All on-the-road wheels sold in the United States must meet Standard 110 or 120 of the National Highway Traffic Safety Administration’s (NHTSA) Federal Motor Vehicle Safety Standards, which requires a rim marking, such as the “DOT” symbol, indicating compliance with applicable motor vehicle standards.  See 49 C.F.R. § 571.110 and § 571.120.  The scope includes certain on-the-road steel wheels imported with or without NHTSA’s required markings.

Certain on-the-road steel wheels imported as an assembly with a tire mounted on the wheel and/or with a valve stem or rims imported as an assembly with a tire mounted on the rim and/or with a valve stem are included in the scope of this investigation.  However, if the steel wheels or rims are imported as an assembly with a tire mounted on the wheel or rim and/or with a valve stem attached, the tire and/or valve stem is not covered by the scope. 
Excluded from this scope are the following:

  1. steel wheels for use with tube-type tires; such tires use multi piece rims, which are two-piece and three-piece assemblies and require the use of an inner tube;
  2. aluminum wheels;
  3. certain on-the-road steel wheels that are coated entirely with chrome; and
  4. steel wheels that do not meet Standard 110 or 120 of the NHTSA’s requirements other than the rim marking requirements found in 49 C.F.R. § 571.110S4.4.2 and § 571.120S5.2. 

Certain on-the-road steel wheels subject to this investigation are properly classifiable under the following category of the Harmonized Tariff Schedule of the United States (HTSUS): 8716.90.5035 which covers the exact product covered by the scope whether entered as an assembled wheel or in components.  Certain on-the-road steel wheels entered with a tire mounted on them may be entered under HTSUS 8716.90.5059 (Trailers and semi-trailers; other vehicles, not mechanically propelled, parts, wheels, other, wheels with other tires) (a category that will be broader than what is covered by the scope).  While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise 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 September 17, 2018, which is 20 calendar days from the signature date of this notice.  Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on September 27, 2018, 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 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.

USITC Makes Determination in Five-Year (Sunset) Review Concerning Tapered Roller Bearings from China - US International Trade Commission

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of tapered roller bearings from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission’s affirmative determination, the existing antidumping duty order on imports of this product from China will remain in place.

Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act.  See the attached page for background on this five-year (sunset) review.

The Commission’s public report Tapered Roller Bearings from China (Inv. No. 731-TA-344 (Fourth Review), USITC Publication 4824, September 2018) will contain the views of the Commission and information developed during the review.

The report will be available by October 15, 2018; when available, it may be accessed on the USITC website at:
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