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Petitions for the Imposition of Antidumping and Countervailing Duties on Ceramic Tile from China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

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

II.  Product:  The Products covered by this petition include ceramic tile, regardless of the percent water absorption, including porcelain tile (.05% or less water absorption) vitreous tile (over 0.5% to 3% water absorption), semi-vitreous tile (over 3% to 7% water absorption), and non-vitreous tile (over 7% water absorption). Subject merchandise includes glazed and unglazed ceramic flooring and wall tile, countertop tile, paving tile, and the like whether or not the tile is on a backing.

Based on the above description and the following analysis. Petitioner requests that the following language be used to define the products included in the scope of these investigations:

The merchandise covered by these investigations is ceramic tile. Ceramic tiles are articles containing a mixture of minerals including clay (generally hydrous silicates of alumina or magnesium) that are treated to develop a fire bond. The subject merchandise includes ceramic flooring tile, wall tile, paving tile, hearth tile, porcelain tile, mosaic tile, finishing tile, and the like (hereinafter “ceramic tile”). All ceramic tile is subject to the scope regardless of whether the tile is glazed or unglazed, regardless of size, regardless of the water absorption coefficient by weight, regardless of the extent of vitrification, and regardless of whether or not the tile is on a backing. Ceramic tile is covered by the scope regardless of end use, size, thickness, and weight, for the avoidance of doubt, subject merchandise includes tiles pressed as very large single pieces, up to an exceeding 5’x15’.

Subject merchandise includes ceramic tile produced in the PRC that undergoes minor processing in a third country prior to importation into the United States. Similarly, subject merchandise includes ceramic tile produced in the PRC that undergoes minor processing after importation into the United States. Such minor processing includes, but is not limited to, one or more of the following: beveling, cutting, trimming, staining, painting, polishing, finishing, or any processing that would otherwise not remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in scope product.

III.  HTS classifications:
Subject merchandise is classified in the HTSUS under the following subheadings: 6907, 6907211005, 6907211011, 6907211051, 6907212000, 6907213000, 6907214000, 6907219011, 6907219051, 6907212000, 6907213000, 6907214000, 6907219011, 6907219051, 6907221005, 6907221011, 6907221051, 6907222000, 6907223000, 6907224000, 6907229011, 6907229051, 6907231005, 6907231011, 6907231051, 6907232000, 6907233000, 6907234000, 6907239011, 6907239051, 6907301005, 6907301011, 6907301051, 6907302000, 6907303000, 6907304000, 6907309011, 6907309051, 6907401005, 6907401011, 6907401051, 6907402000, 6907403000, 6907404000, 6907409011, 6907409051.Subject merchandise may also enter under subheadings of headings 6914 and 6905: 6914108000, 6914908000, 6905100000, 6905900050.

It is worth noting that ceramic bricks classified under Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 6904.10.00.10 through 6904.90.00.00 are not included. In addition, HTSUS 6907, which refers to ceramic flags is not included in the scope of the Petition.

IV.  Date of Filing: April 10, 2019

V.  Petitioners: Coalition for Fair Trade in Ceramic Tile “FTCT”

VI.  Foreign Producers/Exporters:  Please contact our office for a list filed with the petition.

VII.  U.S. Importers:  Please contact our office for a list filed with the petition.

VIII.  Alleged Dumping Margins (No CVD Margins Listed): PRC: 178.22-428.58%

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: May 16, 2019.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is June 20, 2019; CVD is May 1, 2019.  Please contact our office for a complete projected schedule for the AD and 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.


U.S. Department of Commerce Finds Dumping and Countervailable Subsidization of Imports of Laminated Woven Sacks from Vietnam  - U.S. Department of Commerce

Today (4/8/19), the U.S. Department of Commerce announced the affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of laminated woven sacks from Vietnam, finding that exporters from Vietnam have sold laminated woven sacks at less than fair value in the United States at rates ranging from 109.46 to 292.61 percent. Commerce also determined that exporters from Vietnam received countervailable subsidies at rates ranging from 3.02 to 198.87 percent.
Upon publication of the final affirmative antidumping duty determination, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect AD cash deposits equal to the applicable final weighted-average dumping margins. Further, as a result of the affirmative final countervailing duty determination, if the U.S. International Trade Commission (ITC) makes an affirmative injury determination, Commerce will instruct CBP to resume collection of CVD cash deposits equal to the applicable subsidy rates.

In 2017, U.S. imports of certain laminated woven sacks from Vietnam were valued at an estimated $21.1 million.

The petitioners are the Laminated Woven Sacks Fair Trade Coalition and its individual members, Polytex Fibers Corporation (Houston, TX) and ProAmpac Holdings Inc. (Cincinnati, 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 157 new antidumping and countervailing duty investigations – this is a 283 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 471 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

The ITC is currently scheduled to make its final injury determinations on or about May 20, 2019. If the ITC makes affirmative final injury determinations, Commerce will issue AD and CVD orders. 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 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.


UNIVAR USA INC. to pay US $62.5 Million to Resolve Allegations that it Evaded $36 Million in Antidumping Duties on Imported Chinese Saccharin -  U.S. Department of Commerce

WASHINGTON – Univar USA Inc. (Univar), a subsidiary of Univar Inc., of Downers Grove, Illinois, has agreed to pay the United States $62.5 million to settle allegations under the customs penalty statute that it was grossly negligent or negligent when it imported 36 shipments of transshipped saccharin between 2007 and 2012. The saccharin was manufactured in China and transshipped through Taiwan to evade a 329 percent antidumping duty that applied to saccharin from China. The antidumping duty was a remedial measure in response to injury sustained by the domestic saccharin industry by reason of dumping of Chinese saccharin. The transshipment resulted in the evasion of approximately $36 million in antidumping duties.

“I applaud the outcome of this investigation and commend the efforts of the special agents and CBP personnel who worked so diligently on this,” said Homeland Security Investigations (HSI) Executive Associate Director Derek Benner. “This is a tremendous example of the agencies’ collaborative commitment to enforce the trade laws of the United States.”

The settlement resolves a lawsuit brought in the United States Court of International Trade seeking recovery of unpaid antidumping duties and penalties under 19 U.S.C. § 1592 totaling $84 million plus interest. In that action, the government alleged that Univar was grossly negligent or negligent in failing to determine that its supplier in Taiwan was not a manufacturer but, instead, imported saccharin into Taiwan from China for transshipment to the United States. This is the largest recovery under section 1592 ever reached in the Court of International Trade.

“Transshipment of merchandise through third countries to evade antidumping duties undermines the integrity of our trade laws and puts domestic manufacturers at risk from unfairly traded merchandise,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “We enforce our laws against importers who fail to take all reasonable steps to vet their suppliers and determine the true country of origin of their merchandise.”

“We are committed to ensuring the laws that protect legitimate trade and US domestic industry, including anti-dumping and countervailing duties laws, are vigorously enforced,” said CBP’s Office of Trade Executive Assistant Commissioner Brenda Smith. “And to that end, we applaud the agencies that came together to settle this case.”

The settlement announced today was the result of an investigation by the U.S. Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and the Commercial Litigation Branch of the Justice Department’s Civil Division. The investigating ICE agent was Special Agent Patrick C. Deas. The case was handled by Commercial Litigation Branch Attorneys Patricia M. McCarthy, Stephen C. Tosini and Reta E. Bezak, and CBP Assistant Chief Counsel Currita C. Waddy.


USTR Successfully Resolves Concerns Raised in First-Ever Environment Consultations Under the U.S.-Peru Trade Promotion Agreement - U.S. Trade Representative

Washington, DC – The United States and Peru have worked together to successfully resolve the concerns raised in the first-ever environment consultations under the United States – Peru Trade Promotion Agreement (PTPA).

On January 4, 2019, the United States requested the consultations under Article 18.12.1 of the PTPA Environment Chapter (Environment Consultations and Panel Procedure). The request concerned a December 2018 decision by the Peruvian Government to move the Agency for the Supervision of Forest Resources and Wildlife (OSINFOR) to a subordinate position under Peru’s Ministry of Environment (MINAM), a move that could have undermined OSINFOR’s independence and hindered its ability to effectively enforce Peru’s forestry laws.

Today, Peru’s Council of Ministers published Supreme Decree No. 066-2019-PCM, which annulled its December 2018 decision to move OSINFOR, returning OSINFOR to its previous position reporting directly to Peru’s Prime Minister.

“We are pleased with Peru’s decision to retain OSINFOR as an independent and separate agency, as required by our bilateral agreement,” said Ambassador Robert Lighthizer. “This shows that strong enforcement works. I am committed to using enforcement tools to ensure that our trade agreements protect the environment and advance the interests of U.S. workers and businesses.”

Background:

The PTPA’s unique Annex on Forest Sector Governance requires that “OSINFOR shall be an independent and separate agency and its mandate shall include supervision of verification of all timber concessions and permits.”

On December 14, 2018, Peru published Supreme Decree No. 122-2018-PCM, which immediately moved OSINFOR from Peru’s Office of the Presidency of the Council of Ministers (PCM) to Peru’s Ministry of Environment (MINAM).

The United States reacted swiftly to this move, and on January 4, 2019, USTR requested environment consultations under Article 18.12.1 of the PTPA Environment Chapter (Environment Consultations and Panel Procedure).  On January 30, the United States and Peru held technical consultations to discuss the matter, and then elevated the matter by referring it to the PTPA Environmental Affairs Council (EAC), which met on February 21 in Lima.  On April 9, Peru’s Council of Ministers annulled the original Supreme Decree, thereby retaining OSINFOR’s position as part of the PCM and resolving the matter. In addition, Supreme Decree No. 066-2019-PCM establishes a timeline for the PCM to issue an announcement for hiring the next Head of OSINFOR, retains a previously selected representative from civil society as part of the hiring committee, and repeals a previously issued Supreme Decree and Ministerial Resolutions issued to implement OSINFOR’s move to MINAM.

OSINFOR was established in 2008 as an independent forest oversight body responsible at the national level for monitoring and enforcing the sustainable use and conservation of forest and wildlife resources in Peru, including by conducting post-harvest inspections of forestry titles and by sanctioning those that harvest timber illegally. The United States sought and achieved in the PTPA an obligation for Peru to establish OSINFOR as a separate and independent agency, to ensure a strong and independent body with sufficient resources to safeguard Peru’s forest oversight from undue political influence.

USTR will continue to work closely with the Government of Peru and with Members of Congress, interested agencies, and stakeholders in order to ensure effective implementation of the PTPA Environment Chapter and Forest Annex.


ITA/OFAC: Announcements  - Office of Textile and Apparel

04/10/2019 – The Office of the United States Trade Representative proposes products for tariff countermeasures in response to harm caused by EU aircraft subsidies. For further information on the investigation, the preliminary list of EU products covered for additional duties, and request for public comments, see Preliminary Product List.


Container Volume Remains Strong in February at the Port of New York and New Jersey -Port of New York & New Jersey (BREAKING WAVES)

February numbers show record container volume continues to move through the Port of New York and New Jersey. Total volume rose to 585,216 TEUs (332,484 lifts) compared to 521,921 TEUs (298,199 lifts) in February 2018, a 12.1 percent increase that brought the year-to-February total to 1,207,747 TEUs.  Import loads (TEUs) increased in February by 7.6 percent compared to the previous year while export loads showed a slight decrease, dropping by 2.9 percent for February 2019 compared to February 2018. Import loads for the same period totaled 295,523 TEUs (167,492 lifts) versus 274,638 TEUs (156,413 lifts) in February 2018. Export loads (TEUs) for February included 113,358 TEUs

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