U.S. Department of Commerce Initiates Antidumping and Countervailing Duty Investigations of Imports of Aluminum Wire and Cable from China - Department of Commerce
The U.S. Department of Commerce today announced the initiation of new antidumping duty (AD) and countervailing duty (CVD) investigations to determine whether aluminum wire and cable from China are being dumped in the United States and to determine if producers in China are receiving unfair subsidies. The alleged dumping margins range from 53.54 to 63.47 percent. In addition, there are 26 subsidy programs alleged, including tax programs, export subsidy programs, grant programs, loan programs, and various LTAR programs.
These antidumping and countervailing duty investigations were initiated based on petitions filed by Encore Wire Corporation (McKinney, TX) and Southwire Company, LLC (Carrollton, GA) on September 21, 2018.
If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized U.S. imports of aluminum wire and cable from China are causing injury to the U.S. industry, Commerce will impose duties on those imports in the amount of dumping and/or unfair subsidization found to exist.
In 2017, imports of aluminum wire and cable from China were valued at an estimated $157.2 million.
Click HERE for a fact sheet on these initiations.
Next Steps:
During Commerce’s investigations into whether aluminum wire and cable from China are being dumped and/or unfairly subsidized, the ITC will conduct its own investigations into whether the U.S. industry and its workforce are being harmed by such imports. The ITC will make its preliminary determinations on or before November 5, 2018. If the ITC preliminarily determines that there is injury or threat of injury, then Commerce’s investigations will continue, with the preliminary CVD determination scheduled for December 17, 2018, and preliminary AD determination scheduled for February 28, 2019, unless these deadlines are extended.
If Commerce preliminarily determines that dumping and/or unfair subsidization is occurring, then it will instruct U.S. Customs and Border Protection to start collecting cash deposits from all U.S. companies importing aluminum wire and cable from China.
Final determinations by Commerce in these cases are scheduled for March 4, 2019 for the countervailing investigation, and May 14, 2019 for the antidumping investigation, but those dates may be extended. If Commerce finds that products are not being dumped and/or unfairly subsidized, or the ITC finds in its final determinations there is no harm to the U.S. industry, then the investigations will be terminated and no duties will be applied.
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 131 new antidumping and countervailing duty investigations – this is a 245 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 458 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.
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. Companies that receive unfair subsidies from their governments, such as grants, loans, equity infusions, tax breaks, or production inputs, are subject to countervailing duties aimed at directly countering those subsidies.
U.S. Department of Commerce Initiates Antidumping Duty Investigations of Imports of Refillable Stainless Steel Kegs From China, Germany, and Mexico, and Countervailing Duty Investigation of Imports of Refillable Stainless Steel Kegs from China - Department of Commerce
The U.S. Department of Commerce announced the initiation of new antidumping duty (AD) and countervailing duty (CVD) investigations to determine whether refillable stainless steel kegs from China, Germany, and Mexico are being dumped in the United States and to determine if producers in China are receiving unfair subsidies. The alleged dumping margins are 204.42 percent for China, 72.80 percent for Germany, and 18.48 percent for Mexico. In addition, there are 26 Chinese subsidy programs alleged, including policy lending, export loans, income tax deductions and exemptions, as well as grants for energy conservation and international market expansion, among others.
These antidumping and countervailing duty investigations were initiated based on petitions filed by American Keg Company, LLC (Pottstown, PA) on September 20, 2018.
If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and/or unfairly subsidized U.S. imports of refillable stainless steel kegs from China, Germany and Mexico are causing injury to the U.S. industry, Commerce will impose duties on those imports in the amount of dumping and/or unfair subsidization found to exist.
In 2017, imports of refillable stainless steel kegs from China, Germany, and Mexico were valued at an estimated $18.1 million, $11.8 million, and $5.7 million, respectively.
Click HERE for a fact sheet on these initiations.
Next Steps:
During Commerce’s investigations into whether refillable stainless steel kegs from China, Germany, and Mexico are being dumped and/or unfairly subsidized, the ITC will conduct its own investigations into whether the U.S. industry and its workforce are being harmed by such imports. The ITC will make its preliminary determinations on or before November 5, 2018. If the ITC preliminarily determines that there is injury or threat of injury, then Commerce’s investigations will continue, with the preliminary CVD determination scheduled for December 14, 2018, and preliminary AD determinations scheduled for February 27, 2019, unless these deadlines are extended.
If Commerce preliminarily determines that dumping and/or unfair subsidization is occurring, then it will instruct U.S. Customs and Border Protection to start collecting cash deposits from all U.S. companies importing refillable stainless steel kegs from China, Germany, and Mexico.
Final determinations by Commerce in these cases are scheduled for February 27, 2019 for the countervailing investigation, and May 13, 2019 for the antidumping investigations, but those deadlines may be extended. If Commerce finds that products are not being dumped and/or unfairly subsidized, or the ITC finds in its final determinations there is no harm to the U.S. industry, then the investigations will be terminated and no duties will be applied.
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 129 new antidumping and countervailing duty investigations – this is a 239 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 458 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.
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. Companies that receive unfair subsidies from their governments, such as grants, loans, equity infusions, tax breaks, or production inputs, are subject to countervailing duties aimed at directly countering those subsidies.
Revised PierPass OffPeak Start Expected Nov. 19 at Ports of Los Angeles, Long Beach - PierPass
The members of the West Coast MTO Agreement (WCMTOA) today said the revised OffPeak program for providing extended gate hours at the Ports of Los Angeles and Long Beach—informally known as PierPass 2.0—is expected to start on Nov. 19, subject to the conclusion of applicable Federal Maritime Commission procedures.
In April, PierPass announced it will overhaul the model used by its OffPeak program for truck traffic mitigation at the two adjacent ports, replacing the current congestion-pricing model with an appointment-based system that uses a single flat fee on both daytime and nighttime container moves.
For most port users, the new system won’t require new procedures, but rather an adjustment to current procedures. Most companies moving containers through the ports are already registered with PierPass to claim containers moved during Peak (weekday daytime) hours. Under the revised system, they will claim containers moved at any hour.
Because nine of the 12 terminals at the two adjacent ports already use appointment systems, most trucking firms serving the ports are already using these systems. The remaining three terminals, all operated by SSA Marine, are planning to launch their own appointment systems in advance of the implementation. As part of the program update, the terminals have also agreed on common appointment windows and common last appointment times for each shift. As the revised program moves forward, the terminals will consider further common rules and processes to enhance truck efficiency at the ports.
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Status Advisory Regarding PierPass Amendment - Federal Martime Commission
The West Coast Marine Terminal Operators submitted an amendment to their WCMTOA agreement (FMC Agreement No. 201143) at the Federal Maritime Commission on April 13, 2018. The amendment proposes changes to the structure of the current Off-peak program and traffic mitigation fee employed by WCMTOA at the Ports of Los Angeles and Long Beach. The parties now propose to use truck appointment systems to mitigate and control truck traffic congestion. Notice of the filing was published in the Federal Register on April 19, 2018, and twelve comments were received.
Under Section 6(g) of the Shipping Act of 1984, 46 U.S.C. § 41307(b), an agreement or amendment will become effective 45 days after filing unless “the Commission determines that the agreement is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost.” The Commission must then bring a civil action in the United States District Court of the District of Columbia to enjoin the operation of the agreement or amendment.
If the Commission concludes it does not have sufficient information to make the required determination, it may require additional information of the filing parties through a Request for Additional Information (RFAI). In this event, the agreement or amendment will become effective on the 45th day after the Commission receives the additional information or documents requested.
The Commission issued a Request for Additional Information in this matter on May 24, 2018. The WCMTOA parties completed their response to the RFAI on October 5, 2018 and a new 45-day review period has commenced. The Commission is now evaluating the information provided by the WCMTOA parties. Under section 40306, all information and documents filed pursuant to an agreement or amendment, other than the agreement or amendment itself, may not be made public.
The Commission also reviews agreements and amendments for noncompliance with Shipping Act provisions, such as Section 10 “Prohibited Acts.” If the Commission determines that the operation or effect of a filed agreement or amendment would conflict with such provision(s) of the Shipping Act, then it may seek an injunction in federal court to enjoin that conduct.
CBP Implementation of H.R. 4813, The Miscellaneous Tariff Bill Act of 2018 - U.S. Customs & Border Protection
BACKGROUND:
On September 13, 2018 the President signed into law the H.R. 4318 Miscellaneous Tariff Bill Act of 2018 (MTB). The MTB amends the Harmonized Tariff Schedule of the United States (HTSUS) to suspend and reduce tariffs on 1,660 products through December 31, 2020. The amendments are pursuant to the new process established in the American Manufacturing and Competitiveness Act of 2016 (H.R. 4923 / P.L. 114-159).
Under previous MTBs, Congress determined which products should be eligible for duty suspension and reduction. Under the new process, the U.S. International Trade Commission collects industry petitions and public comments, analyzes the data, and makes final determinations with federal agency input.
MTB’s duty suspensions and reductions are effective for goods entered or withdrawn from a warehouse for consumption on or after October 13, 2018, which is 30 days after the date of the enactment, and will remain in effect until December 31, 2020. All MTB provisions are in HTSUS subchapter II to chapter 99. CBP Office of Trade, Trade Transformation Office (TTO) will have all HTSUS 9902.01 - 9902.18 numbers programmed in the Automated Commercial Environment prior to the October 13 implementation date.
SECTION 301 TRADE REMEDIES:
Since approximately half of the 1,660 MTB-eligible items are produced in China, there is overlap with Section 301 tariffs. Products of China subject to Section 301 tariffs can benefit from MTB’s suspensions and reductions for the general (column 1) rate of duty, but remain subject to the 25 percent ad valorem rate of duty imposed by headings 9903.88.01 and 9903.88.02 or 10 percent ad valorem rate of duty imposed by headings 9903.88.03 and 9903.88.04.
FOR FURTHER INFORMATION:
For questions or more information regarding implementation of the MTB, please contact CBP Office of Trade, Trade Agreements Branch at FTA@dhs.gov.
OTEXA: Announcement - Office of Textile and Apparel
On October 10, 2018, the European Union (EU) published
Regulation (EU) 2018/1513, announcing restrictions on certain carcinogenic, mutagenic or toxic for reproduction (CMR) substances in certain apparel, footwear and other textile consumer products. The regulation will become effective for products placed on the EU market after November 1, 2020.