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Petitions for the Imposition of Antidumping Duties and Countervailing Duties on Textured Yarn from India and The People's Repubic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 

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

II.  Product:  The merchandise covered by this Petition is polyester textured yarn. Polyester textured yarn is a type of synthetic multifilament yarn that is manufactured from polyester (polyethylene terephthalate or “PET”). Polyester textured yarn is produced through a texturing process, which imparts special properties to the filaments of the yarn, including stretch, bulk, strength, moisture absorption, insulation, and the appearance of a natural fiber. This scope includes all forms of polyester textured yarn, regardless of surface texture or appearance, yarn density and thickness (as measured in denier), number of filaments, number of plies, finish (luster), cross section, color, dye method, texturing method, or packing method (such as spindles, tubes, or beams), and regardless of end use.

Specifically excluded from this definition are textured yams manufactured from materials other than polyester (such as nylon, polypropylene, and polyethylene).

III.  HTS classifications:  The polyester textured yarn that is the subject of this Petition is classified under two statistical reporting numbers in Chapter 54 of the Harmonized Tariff Schedule of the United States (“HTSUS””), 5402.33.3000 and 5402.33.6000, as follows.

Reporting for polyester textured yarn is in kilograms, and the “column I” rate of duty is 8.8 percent for HTSUS 5402.33.3000 and 8.0 percent for 5402.33.6000. Polyester textured yarn is produced exclusively from polyester, and thus should not be classified under statistical reporting numbers 5402.31 or 5402.32 (textured yarn of nylon or other polyamides), 5402.34 (textured yarn of polypropylene), or 5402.39 (textured yarn of other organic polymers). HTSUS statistical reporting numbers are provided for convenience and U.S Customs and Border Protection purposes only and do not define the scope of the Petition.

IV.  Date of Filing: October 18, 2018

V.  Petitioners: Unifi Manufacturing, Inc. and Nan Ya Plastics Corporation, America

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 (No CVD Margins Listed): 

    PRC: 67.93%
    India: 40.50%

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: November 08, 2018.  Please contact our office for a complete projected schedule for the AD/CVD investigation.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is December 27, 2018; CVD is November 7, 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 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 Magnesium from Israel - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

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

II.  Product:  The products covered by this investigation are primary and secondary pure and alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by this investigation also includes blends of primary magnesium, scrap, and secondary magnesium.

The subject merchandise includes the following pure and alloy magnesium metal products made from primary and/or secondary magnesium, including, without limitation, magnesium cast into ingots, slabs, t-bars, rounds, sows, billets, and other shapes, and magnesium ground, chipped, crushed, or machined into raspings, granules, turnings, chips, powder, briquettes, and other shapes: (1) products that contain at least 99.95 percent magnesium, by weight (generally referred to as “ultra-pure” or “high purity” magnesium); (2) products that contain less than 99.95 percent but not less than 99.8 percent magnesium, by weight (generally referred to as “pure” magnesium); and (3) chemical combinations of magnesium and other material(s) in which the magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, whether or not conforming to an “ASTM Specification for Magnesium Alloy.”

The scope of this investigation excludes: (1) magnesium that is in liquid or molten form; and (2) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain non-magnesium granular materials to make magnesium-based reagent mixtures, including lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (A1203), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.

III.  HTS classifications:  Magnesium enters the United States under Harmonized Tariff Schedule of the United States (“HTSUS”) numbers 8104.11.00 (“Containing at least 99.8 percent by weight of Magnesium” – i.e., pure magnesium), 8104.19.00 (“Other” – i.e., alloy magnesium), and 8104.30 00 (“Raspings, turnings and granules, graded according to size; powders” – i.e., pure and alloy granular magnesium). Each of these three subheadings includes imports regardless of whether those imports were produced in a primary or a secondary production process.

IV.  Date of Filing: October 24, 2018

V.  Petitioners: US Magnesium 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 Margins:  Israel: 126.5-172.0%

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: December 12, 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 AD is January 2, 2019; for the CVD is November 13, 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.  Alleged Countervailing Subsidies:  Please contact our office for a list of alleged countervailing subsidies.

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.


Section 201 Safeguard Petition Filed on Certain Assembled Bicyles - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I. In-Scope Products:  The definition of the imported article subject to this petition is complete bicycles having a Customs Value under $400, without regard to the value of accessories on or imported with the imported article. For purposes of this petition, a complete bicycle includes a fully-assembled unit comprised of all component parts and requiring no additional assembly, fabrication, or finishing operations. Complete bicycles subject to this petition also include bicycles imported in any partially-assembled format with all necessary, dedicated components (with or without pedals) included upon importation; e.g., a knock-down kit.

Complete bicycles subject to this petition may be imported under the following HTSUS subheadings: 8712.00.1510, 8712.00.1520, 8712.00.1550, 8712.00.2500, 8712.00.3500, 8712.00.4400, and 8712.00.4800.

II. Excluded Products: 

Motorized bicycles – These items are distinguishable in terms of physical characteristics because they incorporate an integrated motor as part of the complete bicycle.

Bicycles exclusively for fleet use by bike-sharing services – These items are distinguishable in terms of physical characteristics because they include permanently integrated hardware and/or software interfaces that transmit information to a docking station or a mobile app to enable ride-share use.

High-value bicycles – Items of this type have a declared Customs Value per bicycle in excess of $400 per item.

Tricycles, including industrial tricycles; pedicabs; and commercial vending cycles – These items are distinguishable in terms of physical characteristics. Tricycles are three wheeled cycles. Industrial tricycles, pedicabs, and commercial vending cycles have a loadbearing and load-balanced design, and typically include structural elements that enable transportation of cargo and/or more than one person. 

Stationary exercise bicycles – These items are distinguishable in terms of physical characteristics and uses.   Stationary exercise bicycles are permanently mounted on an immobile base to prevent transport of any kind.  These items cannot be used for either on-road or off-road transportation. These items may also include mechanisms to adjust resistance to increase/decrease the level of difficulty required to operate, as well as hardware and/or software interfaces to monitor output and/or connect to a user interface. These items are used primarily for indoor fitness conditioning and/or physical therapy applications

.
III. Countries Affected:  Applies to imports from all countries.

IV. Safeguard Tariff/Quota:  See chart

A reduction of the de minimis threshold for imported bicycles from $800 to $50 for a period of at least four years.

  • Duty-free treatment for component parts imported by U.S. producers of mass-market bicycles, upon certification that such components shall be used in the production of such bicycles, for a period of at least four years.

V.   Petitioners:  Bicycle Corporation of America and Detroit Bikes

VI. Timing:

• Petition Filing Date: October 18, 2018.
• ITC Injury Determination Due – 120 days (can be 150); February 15, 2019 (March 17, 2019).
• ITC Remedy Recommendation Due to President – 180 days; April 16, 2019.
• Presidential Remedy Determination – 60 days after Report; June 15, 2019.

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.


U.S. Department of Commerce Issues Affirmative Preliminary Countervailing Duty Determination on Steel Propane Cylinders from China Department of Commerce

Today (10/22/18) the U.S. Department of Commerce announced the affirmative preliminary determination in the countervailing duty (CVD) investigation of imports of steel propane cylinders from China, finding that exporters received countervailable subsidies ranging from 42.77 to 145.37 percent.

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of steel propane cylinders from China based on these preliminary rates.

In 2017, U.S. imports of steel propane cylinders from China were valued at an estimated $89.8 million.

The petitioners are Worthington Industries (Columbus, OH) and Manchester Tank & Equipment Co. (Franklin, TN).

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 460 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

Commerce is currently scheduled to issue its final determination on or about March 4, 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 April 18, 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 law 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 Issues Affirmative Preliminary Antidumping Duty Determination on Certain Steel Wheels from China - Department of Commerce

Today (10/24/18) the U.S. Department of Commerce announced the affirmative preliminary determination in the antidumping duty (AD) investigation of imports of certain steel wheels from the People’s Republic of China, finding that exporters from China have been dumping this product in the United States at a margin of 231.70 percent.

As a result of today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of certain steel wheels from China based on these preliminary rates.

In 2017, U.S. imports of certain steel wheels from China were valued at an estimated $388 million.

The petitioners are Accuride Corporation (Evansville, IN) and Maxion Wheels Akron LLC (Akron, OH).

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 460 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

Commerce is scheduled to announce the final determination on or about January 8, 2019.

If Commerce’s final determination is affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on February 21, 2019. If Commerce makes an affirmative final determination of dumping and the ITC makes an affirmative final injury determination, Commerce will issue an AD order. If Commerce makes a negative final determination of dumping 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 law 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.​

 
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