C-AIR TIMES ISSUE #615 - Friday, January 31, 2020 08:02

Petition for the Imposition of Antidumping Duties on Imports of Difluoromethane (R-32) from the People's Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

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

II. Product:
R-32 is an HFC, a colorless, odorless gas that is used primarily as a component in HFC blends, which are used in refrigerant applications. R-32 is also referred to as HFC-32, FC-32, Freon-32, methylene difluoride, methylene fluoride, carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN 3252. R-32 is a low-to-medium temperature refrigerant and is not ozone depleting. As compared to other HFC components, R-32 is more flammable and has a lower global warming potential.

III. Scope and HTS classifications:
The merchandise covered by this investigation is difluoromethane (“R-32”), or its chemical equivalent, regardless of form, type or purity level. R-32 has the Chemical Abstracts Service (“CAS”) registry number of 75-10-5 and the chemical formula CH2F2. R-32 is also referred to as difluoromethane, HFC-32, FC-32, Freon-32, methylene difluoride, methylene fluoride, carbon fluoride hydride, halocarbon R32, fluorocarbon R32, and UN 3252. Subject merchandise also includes R-32 and unpurified R-32 that are processed in a third country or the United States, including, but not limited to, purifying or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope R-32. R-32 that has been blended with products other than pentafluoroethane (R-125) is included within this scope if such blends contain 85% or more by volume on an actual percentage basis of R-32. In addition, R-32 that has been blended with any amount of R-l25 is included within this scope if such blends contain more than 52% by volume on an actual percentage basis of R-32. Whether R-32 is blended with R-125 or other products, only the R-32 component of the mixture is covered by the scope of these orders. The scope also includes R-32 that is commingled with R-32 from sources not subject to this investigation. Only the subject component of such commingled products is covered by the scope of this order.

Excluded from the current scope is merchandise covered by the scope of the antidumping order on Hydrofluorocarbon Blends from the People’s Republic of China. See Hydrofluorocarbon Blends from the People’s Republic of China, 81 Fed. Reg. 55436 (Aug. 19, 2016) (the “Blends Order”).

R-32 is classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2903.39.2035. Other merchandise subject to the current scope, including the above-mentioned blends that are outside the scope of the Blends Order, may be classified under 2903.39.2045 and 3824.78.0020. The HTSUS subheadings and CAS registry number are provided for convenience and customs purposes.

IV. Date of Filing: January 23, 2020

V. Petitioner: Arkema

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: China: 87.98%;

IX. Comments:

A. Projected date of ITC Preliminary Conference: February 13, 2020. 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 April 2, 2020.

C. Volume and Value of Imports: Please contact our office for a summary of the data filed with the petition.

Federal Register Notices:

Today (1/24/20), the U.S. Department of Commerce (Commerce) announced the affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of fabricated structural steel (FSS) from Canada (AD only), China and Mexico, and a negative final determination in the CVD investigation of FSS from Canada.

Commerce determined that producers and/or exporters from Canada, China, and Mexico have sold FSS at less than fair value in the United States at rates of: 0-6.70 percent, 61.71-154.14 percent, and 0-30.58 percent, respectively.

In addition, Commerce determined that producers and/or exporters from China and Mexico received countervailable subsidies at rates of 27.34-206.49 percent and 0.01-68.87 percent, respectively.

Because Commerce reached a negative CVD determination with respect to producers and/or exporters from Canada, this investigation is terminated and no CVD duties will be collected on imports from Canada.

In 2018, imports of FSS from Canada, China, and Mexico were valued at an estimated $722.5 million, $897.5 million, and $622.4 million, respectively.

The petitioner is the American Institute of Steel Construction Full Member Subgroup (Chicago, IL).

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 195 new AD and CVD investigations – a 164 percent increase from the comparable period in the previous administration.

AD and CVD laws provide American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports into the United States. Commerce currently maintains 515 AD and CVD 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 March 9, 2020. 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 laws and does so through an impartial, transparent process that abides by international rules 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 AD duties. Foreign companies that receive unfair subsidies from their governments, such as grants, loans, equity infusions, tax breaks, or production inputs, are subject to CVD duties aimed at directly countering those subsidies.

Supplemental Notice of Proposed Rulemaking To Establish a Safety Standard for Infant Sleep Products; Notice of Extension of Comment Period - Consumer Product Safety Commission

Supplemental Notice of Proposed Rulemaking To Establish a Safety Standard for Infant Sleep Products; Notice of Extension of Comment Period

CBP Officers Seize $900K Worth of Counterfeit U.S. Currency - U.S. Customs & Border Protection

INTERNATIONAL FALLS, Minn. ― U.S. Customs and Border Protection (CBP) officers at the International Falls Port of Entry seized $900,000 in counterfeit United States currency Friday that was discovered in a commercial rail shipment originating from China.

“CBP officers strive every day to protect the United States from a variety of threats,” said Jason Schmelz, Pembina Area Port Director. “Those threats don’t always come in the form of terrorists or narcotics, but also in the form of counterfeit currency and other goods that have the potential to harm the economy of the United States. Thanks to the dedication of our officers and our partnership with the Secret Service, we were able to keep this currency from entering into circulation.”

Due to the vigilance of CBP officers, a rail container was referred for a Customs Exam Station inspection on Dec. 14, 2019.

During the examination, CBP discovered 45 cartons of possible counterfeit currency in the form of $1 bills with a total face value of $900,000. The United States Secret Service was contacted determined the currency is counterfeit.

The counterfeit currency was seized and will be turned over to the Secret Service.

Stopping the flow of illicit goods is a priority trade issue for CBP. The importation of counterfeit merchandise ― including counterfeit currency ― can damage the U.S. economy. For more information on CBP’s priority trade issue visit: Trade Priorities.

If you have any information regarding suspected fraud or illegal trade activity, please contact CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.

USITC to Investigate Extent of Illegal, Unreported, and Unregulated Seafood Imports and Impact on U.S. Commercial Fishermen - US International Trade Commission

The U.S. International Trade Commission (USITC) is seeking input for an investigation of the extent to which seafood products obtained from illegal, unreported, and unregulated (IUU) fishing are imported into the United States and the potential economic effects on U.S. fishermen of competition with such imports. IUU seafood includes products obtained in contravention of fisheries management regulations or in violation of labor laws.

The investigation, Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries, was requested by the House Committee on Ways and Means in a letter received on December 19, 2019.
As requested, the USITC, an independent, nonpartisan, factfinding federal agency, will:
provide a review of the existing data and literature on the prevalence of IUU products in the U.S. import market, and an overview of international mechanisms for monitoring and enforcement to address IUU fishing;

provide a description of the size and structure of the U.S. commercial fishing industry;
provide a description of the major global producers of IUU products, including but not limited to China, and country practices related to IUU production and exports;
provide an analysis of the extent to which IUU product is imported into the United States, as well as major U.S. import sources and the global supply chains of such products; and
provide a quantitative analysis of the economic impact of IUU imports on U.S. commercial fishermen and U.S. commercial fishing production, trade, and prices.

The USITC expects to deliver the report to the Committee by December 21, 2020.

The USITC will hold a public hearing in connection with the investigation at 9:30 a.m. on May 12, 2020. Requests to appear at the hearing should be filed no later than 5:15 p.m. on April 21, 2020, with the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, D.C. 20436.

The USITC also welcomes written submissions for the record. Written submissions should be addressed to the Secretary to the Commission at the above address and should be submitted at the earliest practicable date but no later than 5:15 p.m. on June 26, 2020. All written submissions, except for confidential business information, will be available for public inspection.

Further information on the scope of this investigation and appropriate submissions is available in the USITC’s notice of investigation, dated January 27, 2020, which can be obtained from the USITC Internet site (www.usitc.gov) or by contacting the Office of the Secretary at the above address or at 202-205-2000.

USITC general factfinding investigations, such as this one, cover matters related to tariffs or trade and are generally conducted at the request of the U.S. Trade Representative, the House Committee on Ways and Means, or the Senate Committee on Finance. The resulting reports convey the Commission's objective findings and independent analyses on the subjects investigated. The Commission makes no recommendations on policy or other matters in its general factfinding reports. Upon completion of each investigation, the USITC submits its findings and analyses to the requester. General factfinding investigation reports are subsequently released to the public unless they are classified by the requester for national security reasons