**Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Aluminum Foil from Armenia, Brazil, Oman, Russia and Turkey - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): Armenia, Brazil, Oman, Russia, and Turkey; Countervailing Duty (“CVD”): Oman, and Turkey
II. Product: The merchandise covered by this investigation is aluminum foil having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless of width. Aluminum foil is made from an aluminum alloy that contains more than 92 percent aluminum. Aluminum foil may be made to ASTM specification ASTM B479, but can also be made to other specifications. Regardless of specification, however, all aluminum foil meeting the scope description is included in the scope, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of this investigation is aluminum foil that is backed with paper, paperboard, plastics, or similar backing materials on one side or both sides of the aluminum foil, as well as etched capacitor foil and aluminum foil that is cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above.
III. HTS classifications: Certain Aluminum Foil is currently classifiable in the following HTSUS sub-headings: 7607.11.3000, 7607.11.6090, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. See Exhibit GEN-4. On January 1, 2019, HTSUS statistical subheading 7607.11.6000 was subdivided into two new statistical subheadings — 7607.11.6010 and 7607.11.6090. HTSUS statistical subheading 7607.11.6010 covers “aluminum foil. . . of a thickness . . . not exceeding 0.2 mm: Not backed: Rolled but not further worked: Of a thickness not exceeding 0.15 mm: Of a thickness exceeding 0.01 mm: Boxed aluminum foil weighing not more than 11.3 kg.” Imports that are properly classified under this statistical subheading are not subject merchandise because they weigh less than 25 pounds (i.e., “weighing not more than 11.3 kg.”). To the best of Petitioners’ knowledge, however, all imports entered under HTSUS statistical subheading 7607.11.6010 from the subject countries during the period of investigation are subject merchandise that has been misclassified. See Exhibit GEN-5.
IV. Date of Filing: September 29, 2020
V. Petitioners: Aluminum Association Trade Enforcement Working Group and its member companies – Granges Americas Inc.; JW Aluminum Company; and Novelis Corporation.
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):
Armenia 61.96%
Brazil 91.27%
Oman 65.03%
Russia 64.35%
Turkey 49.11%
IX. Comments:
A. Projected date of ITC Preliminary Conference: July 21, 2020.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is September 8, 2020; CVD is July 20, 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 Issues Detention Order on Palm Oil Produced with Forced Labor in Malaysia - U.S. Customs & Border Protection
WASHINGTON — Effective September 30 at all U.S. ports of entry, U.S. Customs and Border Protection (CBP) will detain palm oil and palm oil products made by FGV Holdings Berhad and its subsidiaries and joint ventures.
CBP’s Office of Trade directed the issuance of a Withhold Release Order (WRO) against palm oil and palm oil products made by FGV based on information that reasonably indicates the use of forced labor. The order is the result of a year-long investigation that revealed forced labor indicators including abuse of vulnerability, deception, restriction of movement, isolation, physical and sexual violence, intimidation and threats, retention of identity documents, withholding of wages, debt bondage, abusive working and living conditions, and excessive overtime. The investigation also raised concerns that forced child labor is potentially being used in FGV’s palm oil production process.
Palm oil is a common ingredient in products that U.S. consumers encounter every day in grocery and convenience stores. According to U.S. Department of Agriculture reports, palm oil is increasingly found in processed foods, cosmetics, pharmaceuticals, soap and biodiesel.
“The use of forced labor in the production of such a ubiquitous product allows companies to profit from the abuse of vulnerable workers,” said Brenda Smith, Executive Assistant Commissioner of CBP’s Office of Trade. “These companies are creating unfair competition for legitimately sourced goods and exposing the public to products that fail to meet ethical standards.”
Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor, including convict labor, forced child labor, and indentured labor. This WRO will require detention of palm oil produced by FGV and any palm oil products or derivatives traceable to palm oil produced by FGV at all U.S. ports of entry. CBP provides importers of detained shipments an opportunity to export their shipments or to submit proof that the merchandise was not produced with forced labor.
All WROs are publically available and listed by country on the CBP’s Forced Labor Withhold Release Orders and Findings page. The Forced Labor Division, established in 2018 within CBP’s Office of Trade, leads the enforcement of the prohibition on the importation of goods made from forced labor.
CBP receives allegations of forced labor from a variety of sources, including from the general public. Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the United States can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.
“CBP will continue to remind Americans that we can use our economic power to tell companies that we will not tolerate forced labor in U.S. supply chains,” said Smith. “We urge all consumers to research fair trade products and companies and shop directly with reputable retailers.”
Follow CBP Office of Trade on Twitter @CBPTradeGov.
*Updated 9/30/2020 to clarify that the Withhold Release Order also applies to subsidiaries and joint ventures of FGV Holdings Berhad.
USTR Announces Fiscal Year 2020 Allocation of Additional Tariff-Rate Quota Volume for Raw Cane Sugar - U.S. Trade Representative
Washington, DC – The Office of the U.S. Trade Representative (USTR) today announced country-specific in-quota additional allocations under the tariff-rate quotas (TRQs) on imported raw cane sugar for Fiscal Year 2020 (October 1, 2019 through September 30, 2020). TRQs allow countries to export specified quantities of a product into the United States at a relatively low tariff, but subject all imports of the product above a pre-determined threshold to a higher tariff.
On September 10, 2020, the Secretary of Agriculture announced an additional in-quota quantity of the TRQ for raw cane sugar for the remainder of FY 2020 (ending September 30, 2020) in the amount of 90,718 metric tons raw value (MTRV). This quantity is in addition to the minimum amount to which the United States is committed under the World Trade Organization (WTO) Uruguay Round Agreements (1,117,195 MTRV) and in addition to the increase of 317,515 MTRV the Secretary announced on April 3, 2020. The Secretary has also determined that all sugar entering the United States under the FY 2020 raw cane sugar TRQ will be permitted to enter U.S. Customs territory through October 31, 2020, a month later than the usual last entry date. Of this additional quantity of raw cane sugar, USTR is allocating 10,718 MTRV to Australia and 80,000 MTRV to Brazil.
The allocations of the raw cane sugar TRQ to countries that are net importers of sugar are conditioned on receipt of the appropriate verifications of origin, and certificates for quota eligibility must accompany imports from any country for which an allocation has been provided.
*Conversion factor: 1 metric ton = 1.10231125 short tons.
CBP in Puerto Rico Continues to Seize Counterfeit Products for Resale - U.S. Customs & Border Protection
SAN JUAN, Puerto Rico — U.S. Customs and Border Protection (CBP) San Juan Field Operations announced Monday the seizure of 203 dresses and 10 stainless steel bracelets bearing various trademark names and design logos.
The dresses, seized in Aguadilla, originated from the Dominican Republic via air courier. Had these goods been genuine, the estimated manufacturer suggested retail price (MSRP) of the seized goods would have been an approximately $516,636. 
The bracelets, seized in San Juan, originated from China. Had these goods been genuine, the estimated manufacturer suggested retail price (MSRP) of the seized goods would have been an approximately $108,000.
“Unfortunately for consumers this type of counterfeit goods continue to be imported for resale since illegitimate goods may pose health and safety threats to U.S. consumers. All importers must exercise reasonable care when purchasing products from international vendors for resale in the US territory,” indicated Leida Colon, Assistant Director of Field Operations for Trade. “The extremely low price is usually a fake branding indicator and the product may not have all the features that the customer expects.”
The majority of the counterfeits seized in the San Juan Field Office are illegitimate goods in the jewelry, handbags, electronics, footwear, clothing and prescription drugs product categories. The source economies for most of these items are Hong Kong and China.
The sale of counterfeit goods robs legitimate businesses of revenue and robs American workers of jobs. Often, the proceeds from counterfeit merchandise sales support nefarious or illicit businesses and activities. Despite these efforts, the internet has made it easy to find, purchase, and ship items from almost anywhere in the world. With a high demand for well-known brands, many online vendors sell counterfeit products online, infringing on various trademark holder’s rights and revenues.
CBP has established an educational initiative to raise consumer awareness and conscientiousness 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 www.cbp.gov/fakegoodsrealdangers.
If you have any information regarding suspected fraud or illegal trade activity, please report the trade violation to 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:
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Nails From the Sultanate of Oman: Preliminary Results of the First Five-Year Sunset Review of the Antidumping Duty Order
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Glass Containers From China; Supplemental Schedule for the Final Phase of an Antidumping Duty Investigation
- Investigations; Determinations, Modifications, and Rulings, etc.: Certain Integrated Circuits and Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337 and, on Review, To Affirm the Finding of No Violation; Termination of the Investigation
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Nails From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No-Shipments; 2018-2019
- Polyethylene Terephthalate Film, Sheet, and Strip From India and Taiwan: Continuation of Antidumping and Countervailing Duty Orders
- Determination of Sales at Less Than Fair Value: Prestressed Concrete Steel Wire Strand From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Negative Preliminary Determination of Critical Circumstances
- Determinations of Sales at Less Than Fair Value: Prestressed Concrete Steel Wire Strand From Argentina, Colombia, Egypt, the Netherlands, Saudi Arabia, the Republic of Turkey, and the United Arab Emirates: Preliminary Affirmative Determinations of Sales at Less Than Fair Value and Preliminary Affirmative Critical Circumstances Determinations, in Part
- Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review
- Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
- Hydrofluorocarbon Blends From the People's Republic of China: Final Negative Scope Ruling on Gujarat Fluorochemicals Ltd.'s R-410A Blend; Affirmative Final Determination of Circumvention of the Antidumping Duty Order by Indian Blends Containing Chinese Components
- Investigations; Determinations, Modifications, and Rulings, etc.: Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, Korea, Mexico, and Thailand; Scheduling of Expedited Five-Year Reviews
- Carbazole Violet Pigment 23 From China and India; Institution of Five-Year Reviews
- Certain Steel Grating From China; Institution of Five-Year Reviews
- Barium Chloride From China; Institution of a Five-Year Review
Dedicated Lanes for Pool Chassis at Port of New York and New Jersey - Port of NY/NJ - Breaking Waves
Container vessels calling the Port of New York and New Jersey are getting larger and we are serving more of these larger vessels each year. Just this past weekend we welcomed the CMA CGM Brazil, a 15,072 TEU vessel and the largest to ever call the US East Coast. One third of the total container volume in the Port through July was shipped on a vessel with a capacity of 10,000 TEU or more. Just three years ago when the Bayonne Bridge Navigational Clearance Project was completed, less than seven percent of all container volume in the Port was transported on a 10,000 TEU or larger.
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Multinational Industrial Engineering Company To Pay $22 Million To Settle False Claims Act Allegations Relating to Evaded Customs Duties - U.S. Department of Justice
Linde GmbH and its U.S. subsidiary Linde Engineering North America LLC (LENA) (together, “Linde”) have agreed to pay the United States more than $22.2 million to resolve allegations that Linde violated the False Claims Act by knowingly making false statements on customs declarations to avoid paying duties owed on the companies’ imports, the Justice Department announced today.
“This settlement reflects our commitment to hold accountable those who evade duties owed on imported goods, including antidumping and countervailing duties that level the playing field for U.S. manufacturers,” said Acting Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Civil Division. “The Department of Justice will zealously pursue those who seek an unfair advantage in U.S. markets by bringing underpriced goods into this country.”
“Trade policy is a critical part of our nation’s economic stability and security,” said First Assistant U.S. Attorney for the Eastern District of Pennsylvania Jennifer Arbittier Williams. “Anti-dumping and countervailing duties ensure that American manufacturers are protected from unfair trade practices, and valuation requirements help to ensure that importers do not have an incentive to use foreign engineers instead of hiring in the United States.”
“U.S. Customs and Border Protection is proud to work with the Department of Justice to enforce our trade laws. Collecting revenue on behalf of the American people is something we take very seriously,” said Brenda Smith, Executive Assistant Commissioner, CBP Office of Trade. “We are glad to have come to an equitable and productive solution.”
Linde GmbH is a multinational corporation headquartered in Germany that, among other things, imports materials into the United States for use in the construction of natural gas and chemical manufacturing plants. Houston-based LENA managed procurement and logistics for Linde, which imported more than $500 million in goods into the United States between 2011 and 2017.
To enter goods into the United States, an importer must declare, among other things, the country of origin of the goods, the value of the goods, whether the goods are covered by antidumping or countervailing duties, and the amount of duties owed. U.S. Customs and Border Protection (CBP) relies on these representations to determine the correct amount of any duties owed. It is the importer’s affirmative duty to use “reasonable care” to make sure that such information is accurate so that CBP can assess the proper duties.
The United States alleged that, between 2011 and 2017, Linde avoided duties owed to the United States, including in some instances antidumping and countervailing duties, by misrepresenting the nature, classification, and valuation of imported merchandise, as well as the applicability of free trade agreements.
Prior to the United States’ disclosure to Linde of its investigation, Linde made a partial disclosure to CBP regarding its importing practices. In the settlement, the United States acknowledged Linde’s cooperation.
The settlement with Linde resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in the Eastern District of Pennsylvania and is captioned United States ex rel. Johnson v. Linde AG, et al., No. 17-cv-1012. As part of today’s resolution, Ms. Johnson will receive approximately $3.7 million.
The settlement was the result of a coordinated effort among the U.S. Attorney’s Office for the Eastern District of Pennsylvania and the Commercial Litigation Branch of the Justice Department’s Civil Division, with assistance from CBP’s Office of Chief Counsel and CBP’s Regulatory Audit and Agency Advisory Services.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.