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Petitions for the Imposition of Antidumping Duties and Countervailing Duties on Fluid End Blocks from China, Germany, India and Italy - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 

I.  Type of Action: Antidumping Duty (“AD”): Germany, India, and Italy; Countervailing Duty (“CVD”): China, Germany, India, and Italy

II.  Product: 
The products covered by these petitions are forged steel fluid end blocks (“FEBs”), whether unfinished, semi-finished, or finished, and which are typically used in the manufacture or service of hydraulic pumps.

The term “forged” is an industry term used to describe the grain texture of steel resulting from the application of localized compressive force. Illustrative forging standards include, but are not limited to, American Society for Testing and Materials (“ASTM”) specifications A668 and A788.

For purposes of these petitions, the term “steel” denotes metal containing the following chemical elements, by weight: (i) iron greater than or equal to 60 percent; (ii) nickel less than or equal to 8.5 percent; (iii) copper less than or equal to 6 percent; (iv) chromium greater than or equal to 0.4 percent, but less than or equal to 20 percent; and (v) molybdenum greater than or equal to 0.15 percent, but less than or equal to 3 percent. Illustrative steel standards include, but are not limited to, American Iron and Steel Institute (“AISI”) or Society of Automotive Engineers (“SAE”) grades 4130, 4135, 4140, 4320, 4330, 4340, 8630, 15-5, 17-4, F6NM, F22, F60, and XM25, as well as modified varieties of these grades.

The products covered by these petitions are either (1) cut-to-length FEBs with a height (measured from its highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), a width (measured from its widest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), and a length (measured from its longest point) of 11 inches (279.4 mm) to 75 inches (1,905.0 mm), or (2) strings of FEBs with a height (measured from its highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), a width (measured from its widest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), and a length (measured from its longest point) up to 360 inches (9,144.0 mm).

The products included in the scope of these petitions have a tensile strength of at least 70 KSI (measured in accordance with ASTM A370) and a hardness of at least 140 HBW (measured in accordance with ASTM E10).

FEBs may be unfinished or have undergone one or more of the following finishing operations: (1) milling one or more flat surfaces; (2) contour machining to custom shapes or dimensions; (3) drilling or boring holes; (4) heat treating; (5) painting, varnishing, or coating; (6) threading; and/ or (7) the attachment of flanges, valves, seals, or connectors.

III.  HTS classifications:
The products included in the scope of these petitions may enter under Harmonized Tariff System of the United States (“HTSUS”) subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045, 7326.19.0010, 7326.90.8688, or 8413.91.9055. While these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the petitions is dispositive.

IV.  Date of Filing: December 19, 2019

V.  Petitioners: FEB Fair Trade Coalition, Ellwood Group, and Finkl Steel

VI.  Foreign Producers/Exporters: Please contact our office for a list filed with the petition.  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 (No CVD Rates Listed):  I

Germany: 69.37 Percent
India: 12.82 Percent
Italy: 77.24 Percent

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: January 9, 2020. Please contact our office for a complete projected schedule for the AD/CVD investigations.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is February 27, 2020; CVD is January 8, 2020.

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. 




OTEXA:  Announcements

12/20/2019Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE) For the period December 20, 2019 through December 19, 2020, the annual quantitative limit of the Haiti HOPE Value-Added program is 376,935,586 square meters equivalent (SME). 




PierPass: Port Truck Gate Schedule for New Year Holiday 2019-20 - PierPass

Terminals at the Ports of Los Angeles and Long Beach have announced schedules for the New Year holiday period of Tuesday, Dec. 31, 2019, through Saturday, Jan. 4, 2020. The schedule is posted below, and a PDF of the schedule can be downloaded by clicking here:

https://www.pierpass.org/wp-content/uploads/2019/12/NewYearsEve_2019_2.pdf

Please continue to monitor the websites of individual terminals for updates. 




Federal Register Notices:



 Withdrawal of Proposed Revocation of Six Ruling Letters and Proposed Revocation of Treatment Relating to the Tariff Classification of Certain Men's Shirts, Tunic-Type Garments and Dust Skirts  - U.S. Customs & Border Protection

AGENCY: U.S. Customs and Border Protection; Department of Homeland Security

ACTION: Withdrawal of notice of proposed revocation of six ruling letters and proposed revocation of treatment relating to the tariff classification of certain men’s shorts, men’s sweaters, men’s shirts, tunic-type garments and dust skirts.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. § 1625(c)), as amended by section 623 of title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103–182, 107 Stat. 2057), U.S. Customs and Border Protection (CBP) proposed to revoke six ruling letters relating to the tariff classification of certain men’s shorts, men’s sweaters, men’s shirts, tunic-type garments and dust skirts under the Harmonized Tariff Schedule of the United States (“HTSUS”). Notice of the proposed actions was published in the Customs Bulletin, Vol. 53, No. 9, on April 3, 2019. Five comments were received in opposition to the proposed revocation. After further review, we have determined that revocation of the subject rulings is not appropriate.

EFFECTIVE DATE: This action is effective immediately. 




Revocation of One Ruling Letter and Revocation of Treatment Relating to the Country of Origin of Certain Laminated Fabrics - U.S. Customs & Border Protection

AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: Notice of revocation of one ruling letter and revocation of treatment relating to the tariff classification of certain laminated fabrics.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. § 1625(c)), as amended by section 623 of title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises interested parties that U.S. Customs and Border Protection (“CBP”) is revoking one ruling letter concerning the tariff classification of certain laminated fabrics under the Harmonized Tariff Schedule of the United States (“HTSUS”). Similarly, CBP is revoking any treatment previously accorded by CBP to substantially identical transactions. Notice of the proposed action was published in the Customs Bulletin, Vol. 53, No. 35, on October 2, 2019. No comments were received in response to that notice.

EFFECTIVE DATE: This action is effective for merchandise entered or withdrawn from warehouse for consumption on or after February 10, 2020 




Craft Beverage Modernization Act (CBMA) – Legislation Extension 2020 - U.S. Customs & Border Protection

Craft Beverage Modernization Act (CBMA) - Initial 2020 Messaging – Legislation Extension 2020

Background

Effective January 1, 2018, the Craft Beverage Modernization and Tax Reform Act of 2017 (CBMA) (as contained in Pub. L. No. 115-97) amended the Internal Revenue Code with respect to the tax treatment of certain alcoholic beverages.  The provisions of the CBMA were effective during calendar years 2018 and 2019.  Effective January 1, 2020, CBMA (as contained in Pub. L. No. 116-94) was extended through calendar year 2020.

Under the CBMA, reduced tax rates and/or tax credits are applicable to importations of certain limited quantities of distilled spirits, beer or wine imported from each assigning entity (as described in the CBMA).  Further, the allocations of the tax credits or reduced tax rates by the assigning entity to all importers may not exceed the quantities allowed by law.  As a result, for an importer to be eligible to receive a reduced tax rate or a tax credit, the importer must be able to substantiate that the assigning entity has assigned an allotment of its reduced tax rate or tax credits to the distilled spirits, beer, or wine imported by that importer. 
Guidance.

With respect to CBMA claims on entries with a date of import in 2020, CBP advises the trade community to follow the 2018-2019 procedures and requirements currently in place for CBMA.  CBP will issue further instruction on CBMA 2020 claims in early 2020
 
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