C-AIR TIMES ISSUE #639 - Friday, July 17, 2020 08:01

Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Metal Lockers and Parts Thereof from the People's Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

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

II. Product: The scope of this investigation covers certain metal lockers, with or without doors, and parts thereof. The subject certain metal lockers are metal storage devices less than 27” wide and less than 27” deep, whether floor standing, installed onto a base or wall-mounted. Where there are multiple lockers in a single unit, the width measurement is based on the width of an individual locker and not the overall unit dimensions. All dimensions are outer dimensions.

The subject parts of the certain metal lockers included in the scope includes all parts and components of lockers made from flat-rolled metal or expanded metal including the back and side panels, shelves, tops, bottoms, door frames and doors. It also includes metal locker frames where the frames or frame elements are separate from the panels, as well as accessories that are attached to the lockers when installed, including slope tops, bases, expansion filler panels, dividers, recess trim, decorative end panels and end caps that may be imported together with other locker components or on their own. It also includes all hardware for assembly and installation of the lockers and locker banks that are imported with or shipped, invoiced or sold with the imported locker or locker system.

The subject metal lockers typically are made of flat-rolled metal, metal mesh and/or expanded metal, which includes but is not limited to alloy or non-alloy steel (whether or not galvanized or otherwise metallically coated for corrosion resistance), stainless steel, or aluminum, but the doors may also include transparent polycarbonate, Plexiglas or similar transparent material or any combination thereof. The doors are configured with or for a handle or other device that permit the use of a mechanical or electronic lock or locking mechanism, including, but not limited to: a combination lock, a padlock, a key lock, lever or knob lock, and a wireless lock. The doors or body panels may also include vents (including wire mesh or expanded metal mesh vents) or perforations. The bodies, body components and doors are typically powder coated, otherwise painted or may be unpainted.

The subject certain metal lockers include metal lockers imported either as welded or otherwise assembled units (ready for installation or use) or as knocked down units or kits (requiring assembly prior to installation or use). The subject lockers may be shipped as individual or multiple locker units preassembled, welded, or combined into banks or tiers for ease of installation or as sets of component parts, bulk packed (i.e., all backs in one package, crate, rack, carton or container and sides in another package, crate, rack, carton or container) or any combination thereof. The knocked down lockers are shipped unassembled requiring a supplier, contractor or end-user to assemble the individual lockers and locker banks prior to installation by means of screws, nuts and bolts, rivets, or other means. Descriptions of these in-scope metal lockers, along with pictures of representative types of metal lockers, are provided at Exhibit GEN-3.

Excluded from the scope are:

(1) wire mesh lockers, i.e., those with at least three sides including the door, made from wire mesh, with a width and depth each exceeding 25 inches and a height exceeding 90 inches;

(2) lockers with bodies made entirely of plastic, wood or any other non-metallic material.

(3) exchange lockers consisting of lockers with multiple individual storage spaces with access doors for each of the multiple individual storage spaces mounted on a single frame that can be swung open to allow access to all of the storage spaces at once; and

(4) lockers that are imported with an installed electronic or internet-enabled locking device that permits communication or connection between the locker’s locking device and other internet connected devices; and

(5) hardware and accessories (e.g., rivets, nuts, bolts, hinges, door handles, locks, door/frame latching components, and coat hooks) for assembly and installation of the certain metal lockers, that are separately imported in bulk and are not incorporated into a locker, locker system, knocked down kit at the time of importation.

III. HTS classifications: Metal lockers are currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under statistical subheading 9403.20.0078 (metal furniture other than household; storage lockers, other than exchange lockers), while locker parts and components are classifiable under HTS subheading 9403.90.8041 (parts of other furniture of metal). Prior to July 1, 2019, metal lockers were classified under HTSUS statistical subheading 9403.20.0080 (metal furniture other than household; other). Id. These statistical subheadings cover all in-scope metal lockers and parts. As noted above, however, the USTR recently granted an exclusion request for metal lockers that incorrectly identified HTS subheading 9403.20.0050 as the appropriate tariff category for metal lockers, instead of 9403.20.0078 (or 9403.20.0080 prior to July 1, 2019). As a result, it is likely that imports of metal lockers are being misclassified under HTS subheading 9403.20.0050 and may be misclassified under other tariff numbers as well.

IV. Date of Filing: July 9, 2020

V. Petitioners: List Industries Inc. (“List”), Lyon LLC (“Lyon”), Penco Products, Inc. (“Penco”), and Tennsco LLC (“Tennsco”)

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 (No CVD Margins Listed): China: 277.40 and 330.80%

IX. Comments:

A. Projected date of ITC Preliminary Conference: July 30, 2020.

B. The earliest theoretical date for retroactive suspension of liquidation for the AD is September 17, 2020; CVD is July 29, 2020. Please contact our office for a complete projected schedule for the AD/CVD investigations.

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.

CBP Finds 300 Pieces of Counterfeit Merchandise in 1 Shipment - U.S. Customs & Border Protection

LOUISVILLE, Ky— One shipment that arrived at the Express Consignment Operations mail facility in Louisville could have rivaled any person’s clothing wishlist. U.S. Customs and Border Protection (CBP) officers in Louisville seized a shipment from Hong Kong that contained 300 counterfeit items on June 29.

CBP officers inspected the parcel that was mis-manifested as belt. After opening the shipment, 16 Gucci belts, 4 Rolex watches, 4 Cartier watches, 2 Panerai Luminor watches, 5 pairs Tory Burch sandals, 8 Louis Vuitton belts, 19 Louis Vuitton bracelets, 48 pairs Chanel earrings, 6 pairs Gucci sandals, 73 Louis Vuitton Leather bracelets, 33 Gucci bracelets, 31 Louis Vuitton necklaces, 20 Chanel scarves, 20 Louis Vuitton scarves 10 Gucci scarves and 1 pair Fendi shoes we found. If these sandals were real, the MSRP for these was $371, 365.

“Our officers are vigilant and conduct these seizures to protect the American economy,” said Thomas Mahn, Port Director, Louisville. “This seizure demonstrates that no matter what trick criminals use, our officers will always find it and put a stop to this illegal activity.”

CBP protects businesses and consumers every day through an aggressive Intellectual Property Rights (IPR) enforcement program. Importation of counterfeit merchandise can cause significant revenue loss, damage the U.S. economy, and threaten the health and safety of the American people.

On a typical day in 2019, CBP officers seized $4.3 million worth of products with Intellectual Property Rights violations. Learn more about what CBP did during "A Typical Day" in 2019.

CBP officers and Homeland Security Investigation (HSI) agents seized 27,599 shipments containing counterfeit goods in Fiscal Year (FY) 2019, down from 33,810 seizures in FY 2018. However, the total estimated manufacturer’s suggested retail price (MSRP) of the seized goods, had they been genuine, increased to over $1.5 billion from nearly $1.4 billion in FY 2018.

E-Commerce sales have contributed to large volumes of low-value packages imported into the United States. In FY 2019, there were 144 million express shipments and 463 million international mail shipments. Over 90 percent of all intellectual property seizures occur in the international mail and express environments.

The People’s Republic of China (mainland China and Hong Kong) remained the primary source economy for seized counterfeit and pirated goods, accounting for 83 percent of all IPR seizures and 92 percent of the estimated MSRP value of all IPR seizures.

Federal Register Notices:

SEATTLE — U.S. Customs and Border Protection officers assigned to the Area Port of Seattle seized a shipment of rifle parts July 8 that were imported contrary to law.

The shipment consisted of two pallets of Chinese-manufactured goods manifested as “Rifle Parts.” The shipment was flagged for lacking permits required by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The ATF regulates and restricts firearms and ammunition. Firearm parts cannot be imported into the United States from certain countries and require ATF permits to be allowed entry.

Upon review of the documentation and examination of the shipment, CBP, in consultation with ATF, determined the shipment was prohibited as embargoed goods under the Arms Export Control Act due to their Chinese origin. Over 56,000 parts were seized for a total domestic value of more than $151,000.

The seized parts were designed for rifles and included hammers, release levers, disconnectors, housings, and assembly pins.

“This seizure serves as the most recent example of CBP working with our federal partners to enforce the laws of United States and to help ensure the safety of our nation’s residents,” said Seattle Area Port Director Zachary “Clay” Thomas.

OTEXA: Announcements - Office of Textile & Apparel

07/14/2020 – Following the Section 301 Investigation determination that France’s Digital Services Tax (DST) is unreasonable or discriminatory and burdens or restricts U.S. commerce, the U.S. Trade Representative announced that additional duties of 25 percent will be applied to certain products imported from France. Application of the additional duties on certain handbags and other products will be suspended for a period of up to 180 days, ending on January 6, 2021. See the notice of action here.

Joint Statement Between the United States and Kenya on the Launch of Negotiations Towards a Free Trade Agreement - Office of U.S. Trade Representative

Today, United States Trade Representative Robert Lighthizer and Kenya Cabinet Secretary for Industrialization, Trade, and Enterprise Development Betty Maina formally launched trade agreement negotiations between the United States and the Republic of Kenya.

“Kenya is a recognized leader across the continent, an important strategic partner of the United States, and there is enormous potential for us to deepen our economic and commercial ties,” said Ambassador Lighthizer. “Under President Trump’s leadership, we look forward to negotiating and concluding a comprehensive, high-standard agreement with Kenya that can serve as a model for additional agreements across Africa.

“We believe this agreement with Kenya will complement Africa’s regional integration efforts, including in the East African Community and the landmark African Continental Free Trade Area (AfCFTA), and the United States pledges its continued support to help the AfCFTA achieve its fullest potential.”

Cabinet Secretary Maina said, “Kenya and the United States have strong trade relations demonstrated by growing exports and imports which have increased over the years. The United States of America is a significant destination market for Kenya, a position that has been sustained over the years after the East Africa Community (EAC), European Union (EU) and Common Market for Eastern and Southern Africa (COMESA).

“Increasing and sustaining export performance to the United States requires a trade arrangement that is predictable and guarantees preferential market access for Kenyan products. Kenya is also keen to attract Foreign Direct Investment from the United States that will improve vertical and horizontal linkages in the Kenyan economy. The increased inflow of investment from the United States has the potential to create job opportunities and catalyze other value chains that will benefit Micro and Small Enterprises in Kenya.”

In light of the ongoing global pandemic caused by COVID-19, the first round of negotiations is being conducted virtually, with the U.S. and Kenyan negotiators engaging in discussions over the next two weeks in multiple negotiating sessions covering all aspects of a comprehensive trade agreement.

The United States and Kenya share a deep and enduring relationship that encompasses longstanding social, cultural, economic, and political ties. Both countries have worked closely together to strengthen agriculture, protect wildlife, improve health and welfare, assist in civic education, and combat the scourge of terrorism.

In 2018, President Donald Trump and President Uhuru Kenyatta elevated the U.S.-Kenya bilateral relationship to a strategic partnership, and established a Trade and Investment Working Group to explore ways to deepen the trade and investment ties between the two countries and lay the groundwork for a stronger future trade relationship. In 2020, the two presidents agreed to pursue closer economic ties through the negotiation of a free trade agreement.

The United States and Kenya seek to conclude a free trade agreement that will complement regional integration efforts within the East African Community (EAC), as well as the landmark African Continental Free Trade Area.

The two countries recognize that an agreement between them has the potential to serve as a model for additional agreements across Africa, including with other EAC partner states.

In addition to the launch of trade negotiations, the United States and Kenya agreed on a Strategic Cooperation Framework to provide technical assistance and trade capacity building in Kenya with the aim of maximizing Kenya’s utilization of the African Growth and Opportunity Act trade benefits for the remaining years of the preference program, which is scheduled to expire in 2025. The Framework will also support the development and competitiveness of key agricultural value chains in Kenya.

The United States and Kenya intend to intensify efforts to bolster commercial cooperation under the bilateral commercial Memorandum of Understanding signed in June 2018, and to work together to identify and prioritize trade and investment opportunities in strategic sectors including energy, health, digital economy, infrastructure, manufacturing, and agriculture.

Both governments are committed to a successful outcome that makes workers, farmers, and business people in both countries more prosperous.