C-AIR TIMES UE #642 - Friday, August 07, 2020 08:20

Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Chasses and Subassemblies 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 merchandise covered by this investigation are chassis and subassemblies thereof, whether finished or unfinished, whether assembled or unassembled, whether coated or uncoated, regardless of the number of axles, designed primarily for use in the carriage of containers, or other payloads (including self-supporting payloads) that can be attached by twistlocks, slide pins or similar attachment devices, for road, marine roll-on/roll-off (RORO) and/or rail transport. Chassis are typically, but are not limited to, rectangular framed trailers with a suspension and axle system, wheels and tires, brakes, a lighting and electrical system, a coupling for towing behind a truck tractor, and a locking system or systems to secure the shipping container or containers attached to the chassis.

Subject merchandise includes, but is not limited to, the following subassemblies:

Chassis frames, or sections of chassis frames, including kingpins or kingpin assemblies, bolsters consisting of transverse beams with locking or support mechanisms, goosenecks, drop assemblies, extension mechanisms and/or rear impact guards;
Running gear assemblies or axle assemblies for connection to the chassis frame, whether fixed in nature or capable of sliding fore and aft or lifting up and lowering down, which may or may not include suspension(s) (mechanical or pneumatic), wheel end components, slack adjusters, axles, brake chambers, locking pins, and tires and wheels;
Landing gear (legs) or landing gear assemblies, for connection to the chassis frame, capable of supporting the chassis when it is not engaged to a tractor; and
Assemblies and/or components that connect to the chassis frame or a section of the chassis frame, such as, but not limited to, pintle hooks or B-trains (which include a fifth wheel), which are capable of connecting a chassis to a converter dolly or another chassis.

Importation of any of these subassemblies, whether assembled or unassembled, constitutes an unfinished chassis for purposes of this investigation.

Subject merchandise also includes chassis, whether finished or unfinished, entered with or for further assembly with components such as, but not limited to: hub and drum assemblies, brake assemblies (either drum or disc), axles, brake chambers, suspensions and suspension components, wheel end components, landing gear legs, spoke or disc wheels, tires, brake control systems, electrical harnesses and lighting systems.

Processing of finished and unfinished chassis and components such as trimming, cutting, grinding, notching, punching, drilling, painting, coating, staining, finishing, assembly, or any other processing either in the country of manufacture of the in-scope product or in a third-country does not remove the product from the scope. Inclusion of other components not identified as comprising the finished or unfinished chassis does not remove the product from the scope.

This scope excludes dry van trailers, refrigerated trailers and flatbed trailers.

III. HTS classifications: 8716.39.0090 or 8716.90.5060.

IV. Date of Filing: July 30, 2020

V. Petitioners: Coalition of American Chassis Manufacturers – Cheetah Chassis Corporation, Hercules Enterprises, LLC, Pitts Enterprises, Inc., Pratt Industries, Inc. and Stoughton Trailers, LLC

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: 211.49%

IX. Comments:

A. Projected date of ITC Preliminary Conference: August 20, 2020.

B. The earliest theoretical date for retroactive suspension of liquidation for the AD is October 8, 2020; CVD is August 19, 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 Officers Seize Counterfeit Fireplaces at International Falls Port of Entry - U.S. Customs & Border Protection

INTERNATIONAL FALLS, Minn. — U.S. Customs and Border Protection (CBP) Office of Field Operations officers at the International Falls Port of Entry targeted a rail container destined to arrive in Ranier. CBP officers inspected the rail container and discovered fireplaces in violation of intellectual property rights (IPR) regulations. On July 24, CBP seized 15,015 fireplaces with an estimated manufacturer’s suggested retail price of $523,784 if the goods had been genuine.

“CBP is focused on identifying and intercepting counterfeit merchandise and products. The enforcement of trade laws at U.S. ports of entry remains a high priority for us,” said Anthony Jackson, International Falls Port Director. “Counterfeiting adversely affects the ability of lawful copyright holders to profit from their original ideas. Counterfeiting also harms consumers because manufacturers of forged products have little motivation to use safe, high-quality materials in their products.”

Stopping the flow of illicit goods is a priority trade issue for CBP. The importation of counterfeit merchandise can damage the U.S. economy and threaten the health and safety of the American people. For more information on CBP’s IPR priority trade issue visit: CBP Trade and IPR.

With the growth of foreign trade, unscrupulous companies have profited billions of dollars from the sale of counterfeit and pirated goods. To combat the illicit trade of merchandise violating laws relating to IPR, trademark and copyright holders may register with CBP through an online system. Such registration assists CBP officers and import specialists in identifying merchandise that violates U.S. law.

CBP’s IPR enforcement strategy is multi-layered and includes seizing illegal merchandise at our borders, pushing the border “outward” through audits of suspect importers, cooperating with our international trading partners, and collaborating with industry and governmental agencies to enhance these efforts.

CBP has established an educational initiative at U.S. international airports and online to raise consumer awareness about the consequences and dangers that can be associated with the purchase of counterfeit and pirated goods. These include the loss of American jobs, support of criminal activity, significant risks to consumer health and safety, and the impacts of unknowingly purchasing counterfeits online. For more information, see www.cbp.gov/fakegoodsrealdangers.

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. IPR violations can also be reported to the National Intellectual Property Rights Coordination Center at https://www.iprcenter.gov/referral/ or by telephone at 1-866-IPR-2060.

Federal Register Notices:

LOUISVILLE, Ky — U.S. Customs and Border Protection (CBP) officers in Louisville seized a shipment of counterfeit Louis Vuitton Belts valued at nearly half a million dollars.

On July 28, CBP Officers in Louisville, KY seized a shipment of 216 counterfeit Louis Vuitton Belts. The parcel was arriving from Hong Kong and was destined for Atlanta, Georgia. If the items were real the appraised total MSRP of the shipment was $453,600.

“CBP Officers in Louisville are committed to protecting the American consumer, the economy, and the facilitation legitimate business.” Chief Customs and Border Protection Officer Brian Lick states, “The sad reality is that counterfeiting is linked to crimes such as terrorism funding, human trafficking, and child labor.”

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.

Read CBP’s Intellectual Property Seizure Report for Fiscal Year 2019 for more IPR stats and analysis.

CBP conducts operations at ports of entry throughout the United States, and regularly screens arriving international passengers and cargo for narcotics, weapons, and other restricted or prohibited products. CBP strives to serve as the premier law enforcement agency enhancing the Nation’s safety, security, and prosperity through collaboration, innovation, and integration.

Port of New York and New Jersey Auto Trade Resilient in the Wake of COVID-19 - Port of NY/NJ - Breaking Waves

As the New York-New Jersey region reopens, the continued operations at the Port of New York and New Jersey are proving to be a major driver in the ability of regional businesses to restart commerce quickly and smoothly. Even through the worst of the pandemic, when the region became an early national epicenter of this public health crisis, the Port remained open and fully operationally thanks to quick coordination with government and Port partners to deem supply chain operations essential and to implement health and safety protocols so that the Port workforce felt safe while performing their essential duties. In particular, the automotive trade, which Is a key market segment for the New York and New Jersey gateway, remained resilient throughout the pandemic despite some early impact.

Read article here

CBP Enhances Accountability in E-Commerce through Ruling on Duty Exemptions for Low Value Shipments - U.S. Customs & Border Protection

WASHINGTON — U.S. Customs and Border Protection (CBP) has issued an administrative ruling that will clarify the duty-free exemption status of certain low-value shipments sent to U.S. fulfillment centers and domestic warehouses. The ruling is intended to enhance accountability in the e-commerce environment while strengthening CBP’s ability to identify counterfeit goods, consumer safety violations, and other threats to U.S. consumers and commerce.

“The exponential growth of e-commerce has provided illicit sellers with an extraordinary opportunity to evade duties and sell unsafe and unregulated products to U.S. consumers, particularly through fulfillment centers,” said CBP Acting Commissioner Mark A. Morgan. “As the nation’s largest law enforcement agency, CBP will not sit idly by and allow these bad actors to evade duties, report false values, and harm American businesses and consumers.”

19 U.S.C. § 1321, commonly referred to as Section 321, enables CBP to admit qualifying merchandise duty- and tax-free provided that the merchandise is imported by “one person on one day” and has a total fair market value of $800 or less. The new administrative ruling recognizes fulfillment centers and domestic warehouses as the “one person” for any goods that have not been sold to a specific consumer at the time of importation into the United States, making them potentially eligible for Section 321 provisions. Under this ruling, foreign sellers also qualify as the “one person” and can have their information submitted to receive low-value duty exemption and to benefit from streamlined administrative processes.

Foreign seller information is critical to CBP’s efforts to identify and interdict shipments of counterfeit and unapproved goods that undercut the competitiveness of U.S. businesses and that can harm consumers. For example, since the beginning of the COVID-19 pandemic, CBP has used foreign seller information and other data to seize more than 10 million counterfeit masks, more than 120,000 unapproved COVID-19 test kits, and thousands of other goods that threaten the health and safety of Americans.

“Ultimately, this ruling will help CBP preserve America’s economic security, which is inseparable from our national security,” said Morgan. “The dedicated men and women of CBP will continue to hold foreign trade partners accountable and ensure that they comply with federal laws designed to protect Americans and our economy.”