C-AIR TIMES ISSUE #599 - Friday, October 11, 2019 08:01

U.S. Department of Commerce Finds Dumping and Countervailable Subsidization of Imports of Vertical Metal Filing Cabinets from China - U.S. Department of Commerce

Today (10/08/19), the U.S. Department of Commerce announced the affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of vertical metal filing cabinets from China, finding that exporters from China have sold vertical metal filing cabinets at less than fair value in the United States at the rate of 198.5 percent. In addition, Commerce determined that exporters from China received countervailable subsidies at a rate of 271.79 percent.

In 2018, imports of vertical metal filing cabinets from China were valued at an estimated $45.2 million.

The petitioner is Hirsh Industries, LLC (West Des Moines, IA).

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 182 new antidumping and countervailing duty investigations – a 231 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 497 antidumping and countervailing duty orders which provide relief to American companies and industries impacted by unfair trade.

The U.S. International Trade Commission (ITC) is currently scheduled to make its final injury determinations on or about November 21, 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.

U.S. Department of Commerce Adds 28 Chinese Organizations to its Entity List - U.S. Department of Commerce

Today, the Bureau of Industry and Security of the Department of Commerce announced that it will add 28 Chinese governmental and commercial organizations to the Entity List for engaging in or enabling activities contrary to the foreign policy interests of the United States. This action constricts the export of items subject to the Export Administration Regulations (EAR) to entities that have been implicated in human rights violations and abuses in China’s campaign targeting Uighurs and other predominantly Muslim ethnic minorities in the Xinjiang Uighur Autonomous Region (XUAR).

“The U.S. Government and Department of Commerce cannot and will not tolerate the brutal suppression of ethnic minorities within China,” said Secretary of Commerce Wilbur Ross. “This action will ensure that our technologies, fostered in an environment of individual liberty and free enterprise, are not used to repress defenseless minority populations.”

The additions include the XUAR People’s Government Public Security Bureau, 19 subordinate elements, and eight commercial entities. Located in XUAR and throughout China, these entities have all been implicated in the implementation of China’s campaign of repression, mass arbitrary detention, and high-technology surveillance.

Pursuant to Section 744.11(b) of the EAR, the Entity List identifies persons or organizations reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The EAR imposes additional license requirements on, and limits the availability of most license exceptions for, exports, re-exports, and transfers (in-country) to listed entities.

Federal Register Notices:

Formula is subject of FDA Import Safety Alerts

PHILADELPHIA – One priority of U.S. Customs and Border Protection’s (CBP) trade enforcement mission is consumer protection. CBP seizes all sorts of dangerous products, such as narcotics, counterfeit goods, unregulated prescription medicines, and recently nearly $162,000 in misbranded baby formula.

In July, CBP officers encountered the first shipment, which consisted of 52 separate “orders” of 1,560 individual packages of HiPP brand infant formula from Germany. CBP officers discovered U.S. Food and Drug Administration (FDA) alerts on HiPP brand baby formula for misbranded and mislabeled nutrients and detained the shipment. Officers then located and detained three additional shipments in July and August that were destined to the same address.

Officers then notified the FDA, where inspectors advised CBP to seize the formula for violating 21 USC 331 and 19 USC 1595 governing the importation of mislabeled or misbranded consumer goods. Officers seized the final shipment September 5 and submitted samples to CBP’s lab for testing.

The four shipments consisted of 4,356 packages of HiPP brand baby formula. The formula appraised for $162,239.

CBP cautions consumers when making internet purchases from overseas vendors that they must assure that the goods they purchase online comply with both state and federal government import regulations to ensure that those goods are safe and meet U.S. health code requirements.

“Consumers should be very careful when contemplating the purchase of items such as these over the internet from an international source, as they may not get what they expect, which is a product that complies with existing U.S. health and safety laws and regulations,” said Casey Durst, Director of Field Operations for CBP’s Baltimore Field Office. “Customs and Border Protection will continue to work closely with our trade and consumer safety partners to intercept high-risk consumer goods, especially products that can harm American consumers.”

CBP’s Trade Enforcement Operational Approach demonstrates how CBP is using all of its authorities to combat trade fraud by detecting high-risk activity, deterring non-compliance, and disrupting fraudulent behavior.

CBP's border security mission is led at ports of entry by CBP officers from the Office of Field Operations.

CBP Seizes Over $2.2 Million worth of Fake Nike Shoes at LA/Long Beach Seaport - U.S. Customs & Border Protection

14,806 Pairs of Counterfeit Shoes Seized for Infringement of Nike Protected Trademark and Designs

LOS ANGELES — U.S. Customs and Border Protection (CBP) officers assigned to the LA/Long Beach Seaport, in coordination with import specialists assigned to the Apparel, Footwear and Textiles Center of Excellence (AFT Center), recently seized 14,806 pairs of counterfeit Nike shoes. If genuine, the seized shoes would have an estimated manufacturer’s suggested retail price (MSRP) of $2,247,680.

CBP Officers in coordination with U.S. Homeland Security Investigations (HSI) special agents assigned at the Trade Enforcement Coordination Center (TECC), discovered the shoes while conducting an enforcement exam on a shipment arriving from China. The shoes, which arrived in two containers, were misdeclared as “napkins” in a clear attempt to disguise the illicit cargo.

These special edition Nike and retro designs are highly coveted by collectors and sport shoes enthusiasts.

AFT Center import specialists and the trademark owner confirmed that the shoes were in violation of Nike’s Air Jordan 1 Off-White, Air Jordan 12, Air Jordan 1 (blue, black, red, white), Air Jordan 11, Air Max ’97 protected designs and trademarks.

“Intellectual property theft is a crime that leads to lost revenue for American industry, a loss of American jobs, and often poses a threat to public health and safety,” said Carlos C. Martel, CBP Director of Field Operations in Los Angeles. “CBP is the frontline that protects American ingenuity, without any doubt, one of the most valuable assets of our country.”

“Transnational criminal organizations continue to profit from American intellectual property by selling their counterfeit and piratical goods not only in the U.S. but around the world,” said Joseph Macias, Special Agent in Charge for Homeland Security Investigations (HSI) Los Angeles. “HSI, in conjunction with CBP, target both the domestic and international facets of these criminal conspiracies for disruption and dismantlement.”

These special edition Nike and retro designs are highly coveted by collectors and sport shoes enthusiasts. A legitimate pair can potentially sell for $1,500 dollars and up to $2,000 online. Consumers shopping online are eventually likely to encounter fraudulent sellers.

“Counterfeit brand-name shoes is a multi-million dollar criminal industry. The trafficking of these items is extremely lucrative and becomes more profitable in markets involving successful and popular products.” said LaFonda Sutton-Burke, CBP Port Director of the LA/Long Beach Seaport. “CBP commits substantial resources to detect, intercept and seize illicit goods at our nation’s largest seaport.”

The trade in these illegitimate goods is associated with smuggling and other criminal activities, and often funds criminal enterprises.

CBP focuses on priority trade issues such as intellectual property rights and health and safety, in order to protect American ingenuity and consumers from harmful products.

CBP established an educational initiative to raise consumer awareness and consciousness about the consequences and dangers that are often associated with the purchase of counterfeit and pirated goods.

Information about the Truth Behind Counterfeits public awareness campaign can be found at fakegoodsrealdangers.

Across the U.S. More Cities Ditch Columbus Day to Honor Those Who Really Discovered America - C NN

(CNN) By now, you probably know Christopher Columbus didn't discover America. He wasn't even the first European to do it.

Somehow, the 15th-century Italian explorer still got his own national holiday. But more cities and states are scrapping Columbus Day to honor the people who were here first -- and who suffered greatly after Columbus' arrival.

Just this year (2018), at least a dozen US cities -- including San Francisco and Cincinnati -- decided to stop observing Columbus Day and will instead celebrate Indigenous Peoples Day on Monday.

Read entire article here

Cybersecurity While Traveling - U.S. Department of Commerce

In a world where we are constantly connected, cybersecurity cannot be limited to the home or office. When you’re traveling — whether domestic or international—it is always important to practice safe online behavior and take proactive steps to secure Internet-enabled devices. The more we travel, the more we are at risk for cyberattacks. #BeCyberSmart and use these tips to connect with confidence while on the go

SIMPLE TIPS TO OWN IT. Before You Go