Petition For The Imposition Of Antidumping Duties On Imports Of Acetone From Belgium, Korea, Saudi Arabia, Singapore, South Africa And Spain - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): Belgium, Korea, Saudi Arabia, Singapore, South Africa, and Spain
II. Product: The merchandise covered by this petition is all grades of liquid or aqueous acetone. Acetone is also known under the International Union of Pure and Applied Chemistry (“IUPAC”) name propan-2-one. In addition to the IUPAC name, acetone is also referred to as β-ketopropane (or “beta-ketopropane”), ketone propane, methyl ketone, dimethyl ketone, DMK, dimethyl carbonyl, propanone, 2-propanone, dimethyl formaldehyde, pyroacetic acid, pyroacetic ether, and pyroactic spirit. Acetone is an isomer of the chemical formula C3H6O, with a specific molecular formula of CH3COCH3 or (CH3)2CO.
The scope includes acetone that is combined or mixed with other products, including, but not limited to, benzene, diethyl ether, methanol, chloroform, and ethanol. For such combined products, only the acetone component is covered by the scope of these investigations. Acetone that has been combined with other products is included within the scope, regardless of whether the combining occurs in third countries.
Acetone that is otherwise subject to these investigations is not excluded when commingled with acetone from sources not subject to these investigations. Only the subject merchandise component of such commingled products is covered by the scope of these investigations.
The Chemical Abstracts Service (“CAS”) registry number for acetone is 67-64-1.
III. HTS classifications: The merchandise covered by these investigations is currently classifiable under Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings 2914.11.1000 and 2914.11.5000. Although these HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.
IV. Date of Filing: February 19, 2019
V. Petitioners: Coalition for Acetone Fair Trade. The Coalition consists of AdvanSix Inc., Altivia Petrochemicals, LLC, and Olin Corporation.
VI. Foreign Producers/Exporters. Please contact our office for a list filed with the petition.
VII. U.S. Importers named. Please contact our office for a list filed with the petition.
VIII. Alleged Dumping Margins:
Belgium: 35.76% – 85.96%
Korea: 113.46% – 176.61%
Saudi Arabia: 40.08%
Singapore: 48.96% – 200.29%
South Africa: 12.83% – 410.22%
Spain: 162.71%
IX. Comments:
A. Projected date of ITC Preliminary Conference: April 5, 2019.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is April 30, 2019. 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 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.
CBP Newark Kicks Off Chinese Lunar Year Seizing Prohibited Animal Products - U.S. Customs & Border Protection
NEWARK, N.J. — U. S. Customs and Border Protection (CBP) agriculture specialists from the Port of New York/Newark rang in the Chinese Lunar Year by intercepting twenty-three shipments, which contained over 10,000 kilograms of prohibited animal products from China, attempting to make entry into the United States via containerized sea cargo.
“CBP Agriculture Specialists made critical interceptions of these prohibited animal products and stopped them from entering the United States before they could potentially cause grave damage to our agricultural and economic vitality,” said Troy Miller, Director, Field Operations, New York Field Office.
Animal disease outbreaks are a threat to the United States that can adversely impact public health, cause global trade halts, and destabilize the economy and our nation’s food supply. In China, growing outbreaks of African Swine Fever (ASF), a highly contagious swine viral disease that affects pigs, have prompted stricter US import requirements and increased vigilance from CBP.
ASF does not harm humans, but it spreads rapidly among domestic pigs and wild boars through direct contact or exposure to farm workers’ contaminated shoes, clothing, and equipment.
Learn more about how CBP agriculture specialists protect the United States from dangerous pests and disease that could affect the county’s economic vitality.
USITC Institutes Section 337 Investigation of Certain Pickup Truck Folding Bed Cover Systems and Components Thereof - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain pickup truck folding bed cover systems and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Extang Corporation and Laurmark Enterprises Inc. d/b/a BAK Industries, both of Ann Arbor, MI, on December 7, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain pickup truck folding bed cover systems and components thereof that infringe patents and trademarks asserted by the complainants. The complainants request that the USITC issue a temporary exclusion order and temporary cease and desist orders, and a permanent general exclusion order, or in the alternative a permanent limited exclusion order, and permanent cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Stehlen Automotive of Walnut, CA;
SyneticUSA of Pico Rivera, CA;
Topline Autoparts, Inc., of Hacienda Heights, CA;
Velocity Concepts Inc. of Hacienda Heights, CA;
JL Concepts Inc. of Walnut, CA;
DT Trading Inc. of Alhambra, CA;
Wenzhou Kouvi Hardware Products Co., Ltd., of Wenzh City, Zhejian Province, China;
Syppo Marketing, Inc., of City of Industry, CA;
Apex Auto Parts Mfg. Inc. of City of Industry, CA;
Ningbo Huadian Cross Country Automobile Accessories Co., Ltd., of Ningbo, China; and
Sunwood Industries Co., Ltd., of Jiangsu, China
By instituting this investigation (337-TA-1143), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
FDA In Brief: FDA Advances Framework for Enabling the Study of New Tobacco Products as Part of the Agency's Ongoing Commitment to Improve the Effeciency and Affect - Food & Drug Administration
“At the very time that we’re seeking to render combustible cigarettes minimally or nonaddictive, it’s critical we continue to build our understanding of the public health impacts of all tobacco products – including new forms of nicotine delivery that could allow currently addicted adult smokers to get access to nicotine without all the additional risks associated with lighting tobacco on fire. As part of that work, we’re providing revised draft guidance for researchers and manufacturers studying new or novel tobacco products for general knowledge or to support premarket applications or other product submissions. Research on investigational tobacco products can help the FDA determine whether new tobacco products meet the agency’s regulatory public health standards and expand our knowledge base to inform our regulatory efforts to protect the public health,” said FDA Commissioner Scott Gottlieb, M.D. “We’re committed to the effective and appropriate regulatory oversight of tobacco products as part of our comprehensive efforts to protect kids and significantly reduce tobacco-related disease and death. This includes developing new guidance and regulations that will better spell out the rules of the road for industry and taking steps to improve efficiency, predictability and transparency of our regulatory work.”
Today, the U.S. Food and Drug Administration issued a revised draft guidance, “Use of Investigational Tobacco Products,” intended to assist tobacco product manufacturers, academic institutions and institutional review boards studying tobacco products. Among other things, it outlines the kind of information the agency intends to consider in making enforcement decisions regarding the use of investigational tobacco products, including potential human subject protection concerns or other impacts on public health. This revised draft guidance is part of the agency’s work on its comprehensive plan for tobacco and nicotine regulation, in which the FDA committed to developing new guidance and regulations to make the science-based regulatory review process more efficient and transparent while upholding the agency’s public health mission.
Researchers and manufacturers may choose to sponsor studies of investigational tobacco products to support premarket applications or other submissions such as modified risk tobacco product applications. Researchers and manufacturers may also seek to study investigational tobacco products for general knowledge. For example, a researcher may study tobacco products with special characteristics (such as low nicotine content, or reduced harmful and potentially harmful constituent delivery) and/or evaluate their use in a particular situation (like their impact on specific populations).
After receiving numerous comments on the September 2015 draft guidance, the FDA is issuing this revised draft guidance to make a number of clarifications. For example, the agency has clarified that it is not proposing to recommend that investigators correspond with the FDA about the use of investigational tobacco products in nonclinical studies. However, sponsors of nonclinical studies may elect to meet with the FDA early in the development process to discuss what, if any, animal testing is appropriate and the suitability and acceptability of non-animal tests for a particular tobacco product. The agency also has modified the proposed form for sponsors who would like the FDA’s feedback on a particular proposed use of an investigational tobacco product to make it clearer and more user-friendly.
United States Issues WTO Counter Notification Concerning India's Market Price Support for Various Pulses - U.S. Trade Representative
Washington, DC - U.S. Trade Representative Robert Lighthizer and Secretary of Agriculture Sonny Perdue today announced that the United States, together with Canada, submitted a counter notification in the World Trade Organization (WTO) Committee on Agriculture (COA) on India’s market price support for five pulses: chickpeas, pigeon peas, black matpe, mung beans, and lentils.
Based on United States/Canadian calculations, it appears that India has substantially underreported its market price support for chickpeas, pigeon peas, black matpe, mung beans, and lentils. When calculated according to WTO Agreement on Agriculture methodology, India’s market price support for each of these pulses far exceeded its WTO allowable levels of trade-distorting domestic support. The United States expects a robust discussion on how India implements and notifies its policies at the next COA meeting, which is scheduled for February 26-27, 2019.
Background:
On February 12, 2019, the United States submitted a counter notification, co-sponsored by Canada, in the WTO COA on India’s market price support for chickpeas, pigeon peas, black matpe, mung beans, and lentils – based on publicly available information. The United States and Canada have identified several areas of potential concern with India’s WTO notification of its market price support for chickpeas, pigeon peas, black matpe, mung beans, and lentils. These include issues with the quantity of production used in market price support calculations, exclusion from India’s notification of information on the total value of production for each category of pulse (information necessary to assess compliance with WTO commitments), issues with currency conversions, and issues regarding the prices used in India’s calculations.
This is the third U.S. COA counter notification regarding another country’s measures. Previous U.S. counter notifications have addressed India’s market price support for cotton, rice and wheat. Australia has submitted a counter notification regarding India’s market price support for sugarcane.
Michigan Patient Recruiter Pleads Guilty in $1.2 Million Kickback Scheme - U.S. Department of Justice
A Michigan woman pleaded guilty today for her role as a patient recruiter in a scheme involving approximately $1.2 million in fraudulent Medicare claims for home health care procured through the payment of kickbacks.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Timothy Slater of the FBI’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office made the announcement.
Ghalia Savaya, 50, of Sterling Heights, Michigan, pleaded guilty to one count of conspiracy to receive kickbacks in connection with a federal health care program before U.S. District Judge David Lawson of the Eastern District of Michigan. Sentencing has been scheduled for May 30 before Judge Lawson.
Savaya was indicted in June 2018. As part of her guilty plea, Savaya admitted that, from approximately April 2015 to approximately Nov. 2017, she received illegal kickbacks in exchange for referring Medicare beneficiaries to Franklin Health Care LLC of Troy, Michigan, which billed Medicare for claims procured through these illegal kickbacks. Medicare paid over $1.25 million for claims related to beneficiaries referred by Savaya, which included claims for beneficiaries who were not eligible to receive home health care services.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. Trial Attorneys Howard Locker and Steven Scott of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.