New York - Miami - Los Angeles Tuesday, October 23, 2018
C-TPAT
  You are here:  Newsletter
 
Newsletters Minimize
 

21

Final Section 301 List 3 Published and Will Become Effective on September 24, 2018 - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

In a press release issued on September 17, 2018, the Office of the United States Trade Representative (USTR) announced the final third list of tariff items on goods from China (“List 3”) to become subject to additional duties under Section 301 of the Trade Act of 1974. Of the 6,031 tariff lines that were originally proposed on July 10th to become subject to the additional duties, 5,745 full or partial tariff lines remain on the final list.

The final List 3 is available here:
https://ustr.gov/sites/default/files/enforcement/301Investigations/Tariff%20List_09.17.18.pdf

Among the products removed from the proposed list are certain consumer electronics products such as smart watches and Bluetooth devices; certain chemical inputs for manufactured goods, textiles and agriculture; certain health and safety products such as bicycle helmets, and child safety furniture such as car seats and playpens.

List 3 goes into effect on September 24, 2018, with an additional duty rate of 10%.  On January 1, 2019, the additional rate is slated to increase to 25%.

The press release does not reference an exclusion process for List 3. For Section 301 Lists 1 and 2, USTR established procedures for requesting product-specific exclusions from the additional duties (exclusion requests for List 1 are due by October 9, 2018; exclusion requests for List 2 are due December 18, 2018). A formal notice regarding List 3 will be published in the Federal Register that may provide additional information.

Importers and customs brokers are reminded to monitor in-transit shipments carefully to ensure that, wherever possible, these shipments have a “date of entry” for consumption, or an accepted Immediate Transportation entry, prior to September 24.  If you have any questions on managing the entry filing process please contact us. We are also available to discuss options for responding to these developments such as exclusion requests, classification reviews, sourcing options, and valuation strategies. If you have specific questions, please contact our office.​


United States Trade Representative Removes Chapter 97 from 25% Tariff List 3 of China Origin Goods - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

United States Trade Representative Exempts Chapter 97 “Works of Art, Collectors Pieces and Antiques” from List 3 of the Section 301 Tariffs introduced by Presidential Proclamation to impose a 25% duty rate for items of Chinese Origin.

GDLSK was instrumental in getting Chapter 97 of the Harmonized Tariff Schedule to the United States removed from the United States Trade Representative third list of tariff classifications created to impose a 25% tariff on such items of Chinese origin.  A link to the United States Trade Representative final list of tariff headings included in List 3 can be viewed by opening the below list. Omitted from the list is Chapter 97.

   
https://ustr.gov/sites/default/files/enforcement/301Investigations/Tariff%20List_09.17.18.pdf

 With the art market being a multi-billion dollar industry, the potential adverse effect of such tariff could cripple many in the trade.  The resulting outcome will permit the open exchange of art and antiquities originating from China in and through the United States.  The current market for China origin works of art is robust and produces annual sales, both private and public, worth hundreds of millions of dollars.

 For more information about this new development, contact James McAndrew, Forensic Specialist, at 212-973-7706 or via email at JMcAndrew@gdlsk.com.


Stainless Steel Flanges from India Injure U.S. Industry, Says USITC - US International Trade Commission

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of stainless steel flanges from India that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. 

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of this product from India.

The Commission also made negative findings concerning critical circumstances with regard to imports of this product from India.  As a result, imports of stainless steel flanges from India will not be subject to retroactive antidumping or countervailing duties.

The Commission’s public report Stainless Steel Flanges from India (Inv. Nos. 701-TA-586 and 731-TA-1384 (Final), USITC Publication 4828, September 2018) will contain the views of the Commission and information developed during the investigations.

The report will be available by October 19, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

 

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Stainless Steel Flanges from India

Investigation Nos. 701-TA-586 and 731-TA-1384 (Final)

Product Description:  The stainless steel flanges subject to these investigations are forged and can be finished, semifinished, or unfinished. Subject flanges are made from stainless steel and are generally manufactured to, but not limited to, the material specification of ASTM/ASME A/SA182 or comparable domestic or foreign specifications. Subject stainless steel flanges meet the sizes and description standards for all pressure classes of ASME B16.5 and range in size from one-half inch to 24 inches in nominal pipe size. Stainless steel flanges are used to connect stainless steel pipe sections and piping components (valves, pumps, tanks, and other equipment) to form a piping system. Stainless steel flanges are usually welded or screwed to the ends of pipes or other equipment requiring a connection and are joined to each other by bolting. Forged stainless steel flanges are a component of stainless steel process piping in oil and gas refineries, nuclear power plants, chemical synthesis plants, paper mills, food processing facilities, and other applications where cleanliness and corrosion resistance are required and in electric power-generating plants where their high-temperature properties are needed.

Status of Proceedings:

1.   Type of investigations:  Final phase antidumping and countervailing duty investigations.
2.   Petitioners:  Core Pipe Products, Inc., Carol Stream, IL; and Maass Flange Corporation, Houston, TX.
3.   USITC Institution Date:  August 16, 2017.
4.   USITC Hearing Date:  April 10, 2018.
5.   USITC Vote Date:  September 18, 2018.
6.   USITC Notification to Commerce Date:  September 28, 2018.

U.S. Industry in 2017:

1.   Number of U.S. producers:  5.
2.   Location of producers’ plants:  Illinois, Michigan, and Texas.
3.   Production and related workers:  218.
4.   U.S. producers’ U.S. shipments:  [1
5.   Apparent U.S. consumption:  1
6.   Ratio of subject imports to apparent U.S. consumption:  1

U.S. Imports in 2017:

1.   Subject imports:  $77.8 million (China and India).
2.   Nonsubject imports:  $61.7 million.
3.   Leading import sources:  India, China, Canada, Philippines, and Mexico (in terms of total quantity).


U.S. Department of Commerce Issues Affirmative Preliminary Countervailing Duty Determination on Quartz Surface Products from China - U.S. Department of Commerce

 Today, the U.S. Department of Commerce announced the affirmative preliminary determination in the countervailing duty (CVD) investigation of imports of quartz surface products from the People’s Republic of China, finding that exporters received countervailable subsidies ranging from 34.38 to 178.45 percent.

 As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of quartz surface products from China.

In 2017, U.S. imports of certain quartz surface products from China were valued at an estimated $460 million.

The petitioner is Cambria Company LLC (Eden Prairie, MN).

The strict enforcement of U.S. trade law is a primary focus of the Trump Administration.  Since the beginning of the current Administration, Commerce has initiated 122 new antidumping and countervailing duty investigations – this is 221 percent increase from the comparable period in the previous administration.

Antidumping and countervailing duty laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of the unfair pricing of imports into the United States. Commerce currently maintains 456 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

Commerce is scheduled to issue its final determination on January 28, 2019.

If Commerce makes an affirmative final determination, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about March 14, 2019.  If Commerce makes an affirmative final determination in this investigation and the ITC makes an affirmative final injury determination, Commerce will issue a CVD order.  If Commerce makes a negative final determination or the ITC makes a negative final determination of injury, the investigation will be terminated and no order will be issued.

Click HERE for a fact sheet on today’s decision.

The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that abides by international law and is based on factual evidence provided on the record.

Imports from companies that receive unfair subsidies from their governments in the form of grants, loans, equity infusions, tax breaks, and production inputs are subject to countervailing duties aimed at directly countering those subsidies.


U.S. Department of Commerce Issues Affirmative Final Antidumping Duty Determinations on PET Resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan  U.S. Department of Commerce

Today, the U.S. Department of Commerce announced the affirmative final determinations in the antidumping duty (AD) investigations of imports of polyethylene terephthalate (PET) resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan.

Commerce determined that exporters have sold PET resin in the United States at the following  less than fair value rates:

Brazil – 29.68 to 275.89 percent
Indonesia – 30.61 to 53.50 percent
Korea – 8.23 to 101.41 percent
Pakistan – 43.81 to 59.92 percent
Taiwan – 5.16 to 45.00 percent

As a result of these decisions, Commerce will instruct U.S. Customs and Border Protection to continue to collect cash deposits from importers of PET resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan based on these final rates.  

In 2017, imports of PET resin from Brazil, Indonesia, Korea, Pakistan, and Taiwan were valued at an estimated $152.5 million, $44.9 million, $127.3 million, $82.6 million, and $154 million, respectively. 

The petitioners are DAK Americas, LLC (Charlotte, NC), Indorama Ventures USA, Inc. (Decatur, AL), M&G Polymers USA, LLC (Houston, TX), and Nan Ya Plastics Corporation, America (Lake City, SC).  Indorama Ventures USA, Inc. is not a petitioner with respect to the Indonesia investigation.

The strict enforcement of U.S. trade law is a primary focus of the Trump Administration.  Since the beginning of the current Administration, Commerce has initiated 122 new antidumping and countervailing duty investigations – this is a 221 percent increase from the comparable period in the previous administration.

Antidumping and countervailing duty laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of the unfair pricing of imports into the United States. Commerce currently maintains 456 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

The U.S. International Trade Commission (ITC) is scheduled to issue its final determinations on or around November 1, 2018.  If the ITC makes affirmative final injury determinations, Commerce will issue AD orders on the subject merchandise from Brazil, Indonesia, Korea, Pakistan, and Taiwan.  If the ITC makes negative final determinations of injury, the investigations will be terminated and no orders will be issued.

Click HERE for a fact sheet on today’s decisions.

The U.S. Department of Commerce’s Enforcement and Compliance unit within the International Trade Administration is responsible for vigorously enforcing U.S. trade laws and does so through an impartial, transparent process that abides by international law and is based on factual evidence provided on the record.

Foreign companies that price their products in the U.S. market below the cost of production or below prices in their home markets are subject to antidumping duties. ​


San Pedro Bay Ports Ready Cleaner Truck Rules for Oct. 1 - Port of Long Beach

New trucks entering service must be 2014 model year or newer

New trucks entering service at the Port of Long Beach and the Port of Los Angeles as of Oct. 1, 2018, must be model year 2014 or newer, as the San Pedro Bay ports move forward with efforts to improve air quality and reduce the health impacts of air pollution.

As part of the Clean Trucks Program, all trucks going into marine terminals in the two ports must be on the Port Drayage Truck Registry (PDTR). The new requirement applies only to trucks registering in the PDTR for the first time. Trucks that are already registered as of Sept. 30 will be allowed to continue operating at the ports, as long as they are current on their annual dues and compliant with emission regulations set by the California Air Resources Board.

All trucks in port service are currently required to be 2007 model year or newer. About half of the trucks registered in the PDTR are at least 2010 model year or newer.

The provisions were adopted by both the Long Beach and Los Angeles boards of Harbor Commissioners in June and finalized in July. The two neighboring ports coordinate on truck standards and other air quality measures as part of the San Pedro Bay Ports Clean Air Action Plan (CAAP).

The tariff change is the first in a series of steps the ports are taking to advance clean truck progress under the 2017 CAAP Update, approved last November. New strategies seek to phase out older trucks, with a goal of transitioning to zero-emission trucks by 2035.

Future steps include waiving the annual PDTR registration fee for near-zero and zero emissions trucks and charging a rate for cargo moves by trucks with exemptions for trucks that meet near-zero and zero emissions standards. The latter is envisioned to begin in mid-2020. The ports will conduct a truck rate study and feasibility assessments prior to proposing rate changes. About 17,000 trucks are registered to work in the San Pedro Bay port complex.

Reducing pollution from heavy-duty trucks has played a major role in dramatic clean air progress at the San Pedro Bay Ports. Since 2005, the ports have reduced overall emissions of diesel particulate matter by 87 percent, sulfur dioxide by 97 percent and nitrogen oxides by 58 percent, according to the most recent air emission inventories.

]
 
  Copyright © 1997-2018 C-Air Privacy Statement | Terms Of Use