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Petitions for the Imposition of Antidumpting Duties on Imports of Refillable Stainless Steel Kegs from Germany, Mexico and the People's Republic of China and Countervailing Duties on Imports of Refillable Stainless Steel Kegs from the People's Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

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

II. Product: The merchandise covered by this investigation are cylindrical kegs, vessels, or containers capable of being pressurized made from stainless steel (i.e. , steel containing at least 10.5 percent chromium by weight and less than 1.2 percent carbon by weight, with or without other elements) (“refillable stainless steel kegs”) with a nominal liquid volume capacity of 10 liters or more, regardless of the type of finish, gauge, thickness, or grade of stainless steel, regardless of finish, and whether or not covered by or encased in other materials. Refillable stainless steel kegs may be imported assembled or unassembled, with or without all components (including spears, couplers or taps, necks, collars, and valves), and filled or unfilled. Assembled refillable stainless steel kegs must be capable of being pressurized to 60 pounds per square inch (“PSI”) and must be tested to 90 PSI.”Unassembled” or “unfinished” refillable stainless steel kegs include drawn stainless steel cylinders that have been welded to form the body of the keg and welded to an upper (top) chime and/or lower (bottom) chime. Unassembled refillable stainless steel kegs may or may not be welded to a neck, may or may not have a valve assembly attached, and may be otherwise complete except for testing, certification and/or marking. Subject merchandise also includes refillable stainless steel kegs that have been further processed in a third country, including but not limited to, attachment of necks, collars, spears or valves, heat treatment, pickling, passivation, painting, testing, certification or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope refillable stainless steel keg.

Specifically excluded are the following:

  1. vessels or containers that are not cylindrical in nature;
  2. stainless steel kegs, vessels, or containers that have either a “ball lock” valve system or a “pin lock” valve system (commonly known as a “Cornelius,” “corny” or “ball lock” kegs);
  3. any fully assembled or finished stainless steel keg, vessel, or container that is incompatible with a “D Sankey” extractor (commonly known as a “D Coupler” or “Sankey”); and
  4. necks, spears, couplers or taps, collars, and valves that are not imported with the subject merchandise.
  5. stainless steel kegs that are filled with beer, wine, or other liquid and that are designated by the Commissioner of Customs as Instruments of International Traffic within the meaning of section 332(a) of the Tariff Act of 1930, as amended.

III. HTS classifications: The merchandise covered by this investigation are currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under subheading 7310.10.0010, 7310.10.0050, 7310.29.0025, and 7310.29.0050. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

IV.  Date of Filing: September 20, 2018

V.  Petitioners: American Keg Company 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.

Alleged Dumping Margin:

China: 196.55%;
Germany: 76.36%;
Mexico: 25.39%;

IX.  Comments: 

A.  Projected date of ITC Preliminary Conference: October 10, 2018.  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 November 29, 2018; for countervailing duty is October 10, 2018.  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.

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.


Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Aluminum Wire and Cable from China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

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

II.  Product: The scope of the petitions covers aluminum wire and cable (“AWC”), which is defined as an assembly of one or more electrical conductors made from 8000 Series Aluminum Alloys, Aluminum Alloy 1350, and/or Aluminum Alloy 6201, provided that: (1) at least one of the electrical conductors is insulated; (2) each insulated electrical conductor has a voltage rating greater than 80 volts and not exceeding 1000 volts; and (3) at least one electrical conductor is stranded and has a size not less than 16.5 kcmil and not greater than 1000 kcmil. The assembly may or may not: (1) include a grounding or neutral conductor; (2) be clad with aluminum, steel, or other base metal; or (3) include a steel support center wire, one or more connectors, a tape shield, a jacket or other covering, and/or filler materials.

Most AWC products conform to National Electrical Code (“NEC”) types THHN, THWN, THWN-2, XHHW-2, USE, USE-2, RHH, RHW, or RHW-2, and also conform to Underwriters Laboratories (“UL”) standards UL-44, UL-83, UL-758, UL-854, UL-1063, UL-1277, UL-1569, UL-1581, or UL-4703, but such conformity is not required for the merchandise to be included within the scope.

The scope of the petitions specifically excludes conductors that are included in equipment already assembled at the time of importation. Also excluded are aluminum wire and cable products in lengths less than six feet.

III.  HTS classifications: The merchandise covered by the petitions is currently classifiable under subheading 8544.49.9000 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Products subject to the petitions may also enter under HTSUS subheading 8544.42.9090. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the petitions is dispositive.

IV.  Date of Filing: September 21, 2018

V.  Petitioners: Encore Wire Corporation and Southwire Company, 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 Margin: 

Monmouth: 63.1%;
Wake Forest: 53.2

IX. Comments:

A. Projected date of ITC Preliminary Conference: October 12, 2018.  Please contact our office for a complete projected schedule for the AD investigation. 

The earliest theoretical date for retroactive suspension of liquidation for the antidumping duty is November 30, 2018; for countervailing duty is October 11, 2018.  Please contact our office for a complete projected schedule for the CVD investigation.

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

C. 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.


USTR Finalizes Tariffs on $200 Billion of Chinese Imports in Response to China's Unfair Trade Practices - U.S. Trade Representative 

Washington, DC – As part of the United States’ continuing response to China’s theft of American intellectual property and forced transfer of American technology, the Office of the United States Trade Representative (USTR) today released a list of approximately $200 billion worth of Chinese imports that will be subject to additional tariffs.  In accordance with the direction of President Trump, the additional tariffs will be effective starting September 24, 2018, and initially will be in the amount of 10 percent.  Starting January 1, 2019, the level of the additional tariffs will increase to 25 percent. 

The list contains 5,745 full or partial lines of the original 6,031 tariff lines that were on a proposed list of Chinese imports announced on July 10, 2018.  Changes to the proposed list were made after USTR and the interagency Section 301 Committee sought and received comments over a six-week period and testimony during a six-day public hearing in August.  USTR engaged in a thorough process to rigorously examine the comments and testimony and, as a result, determined to fully or partially remove 297 tariff lines from the original proposed list.  Included 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.

In March 2018, USTR released the findings of its exhaustive Section 301 investigation that found China’s acts, policies and practices related to technology transfer, intellectual property and innovation are unreasonable and discriminatory and burden or restrict U.S. commerce.

Specifically, the Section 301 investigation revealed:

China uses joint venture requirements, foreign investment restrictions, and administrative review and licensing processes to require or pressure technology transfer from U.S. companies.

China deprives U.S. companies of the ability to set market-based terms in licensing and other technology-related negotiations. 

  • China directs and unfairly facilitates the systematic investment in, and acquisition of, U.S. companies and assets to generate large-scale technology transfer. 
  • China conducts and supports cyber intrusions into U.S. commercial computer networks to gain unauthorized access to commercially valuable business information.

After separate notice and comment proceedings, in June and August USTR released two lists of Chinese imports, with a combined annual trade value of approximately $50 billion, with the goal of obtaining the elimination of China’s harmful acts, policies and practices.  Unfortunately, China has been unwilling to change its policies involving the unfair acquisition of U.S. technology and intellectual property.  Instead, China responded to the United States’ tariff action by taking further steps to harm U.S. workers and businesses.  In these circumstances, the President has directed the U.S. Trade Representative to increase the level of trade covered by the additional duties in order to obtain elimination of China’s unfair policies.  The Administration will continue to encourage China to allow for fair trade with the United States.

A formal notice of the $200 billion tariff action will be published shortly in the Federal Register.

Click here to view the final tariff list.


San Pedro Bay Ports Ready Cleaner Truck Rules for Oct. 1  - Port of Los Angeles

SAN PEDRO, Calif. - Sept. 18, 2018 - New trucks entering service at the Port of Los Angeles and the Port of Long Beach 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.

For more information, go to www.cleanairactionplan.org/.​ 

 
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