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Petition for the Imposition of Antidumping Duties on Thermal Paper from Germany, Japan, Korea and Spain - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I.  Type of Action: Antidumping Duty (“AD”): Thermal Paper from Germany, Japan, Korea and Spain

II.  Product:  Thermal paper is a paper coated with chemicals that react to form images when exposed to heat. Thermal paper can be used in special printers to create an image without ribbons or other consumables (other than the paper itself). When imaging, the thermal paper containing the dye is passed between the thermal print head and the platen roll in the printer. The thermal head consists of tiny heating elements lying side-by-side across the width of the paper. As the paper passes under the head, the computer instructs certain heater elements to heat up. Where the heat is in contact with the paper, the dye is activated to produce an image. As the paper steps forward, heater elements heat up and cool down each time, creating a colored or black microdot on the paper. The arrangement of elements and paper movement create flexible graphic images on the thermal paper.

Thermal paper comes in a variety of basis weights measured in grams per square meter (“g/m2” or “gsm”) and in a variety of calipers (thicknesses). It may or may not be top-coated. It does not have an adhesive backing.

Thermal paper is used to make point-of-sale (“POS”) products, such as ATM receipts, coupons, credit card receipts, gas pump receipts, kiosk receipts/output, parking receipts, POS receipts, portable printer receipts, prescription receipts, and retail receipts. Thermal paper used in POS applications tends to be in basis weight ranges of 44 to 75 gsm.

Thermal paper is also used to produce thermal labels. Thermal label paper is generally sold to laminators who apply a self-adhesive material to the back side of the thermal paper to create a sandwich of face stock, liner, and adhesive. Laminators are sometimes referred to as pressure-sensitive adhesive (or “PSA”) coaters. Thermal labels are used in a variety of end uses including (but not limited to) address labels, distribution labels, product labels, pharmaceuticals warehouse labels, and deli and bakery labels. Thermal label paper is typically sold in basis ranges of 70 to 85 gsm. Thermal labels used in high moisture environments, such as wristbands and parking tickets, are typically printed on plastic film rather than paper. Thermal film is not thermal paper and is not included in the scope of these investigations.

Thermal paper is also used to produce a broad variety of tickets and tags. For example, tickets for lotteries, casino coinless slot machines, sports betting, parking violations, movie theaters, amusement parks, and ski lifts all use thermal paper. Thermal paper is used to make airline tickets/boarding passes, baggage tags, and retail hang tags. It is also used in a number of medical/healthcare applications, including pharmacy labels, test tube labels, medical charts/records, and prescriptions. Thermal paper used in ticket and tag applications is typically sold in basis ranges of 80 to 220 gsm.

III.  HTS classifications: HTSUS 4811.90.8030 for jumbo rolls and HTSUS 4811.90.9030 for converted rolls.

IV.  Date of Filing: October 8, 2020

V.  Petitioners: Appvion Operations, Inc. and Domtar 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:

Germany:       38.99 – 56.75%
Japan:            104.66 – 113.91%
Korea:            48.42 – 49.98%
Spain:             30.76 – 39.41%

IX.  Comments:

A.  Projected date of ITC Preliminary Conference: October 29, 2020.

B.  The earliest theoretical date for retroactive suspension of liquidation for the AD is December 17, 2020.
Please contact our office for a complete projected schedule for the AD investigations.

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

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.

U.S. Department of Commerce Issues Affirmative Preliminary Antidumping Duty Determinations on Common Alloy Aluminum Sheet From 18 Countries - U.S. Department of Commerce

Today, the U.S. Department of Commerce announced affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of common alloy aluminum sheet (CAAS) from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, South Korea, Spain, Taiwan, and Turkey. This follows recent preliminary affirmative countervailing duty (CVD) determinations for imports of CAAS from Bahrain, Brazil, India, and Turkey. 

“The Department’s aluminum sheet investigations constitute the broadest U.S. trade enforcement action in two decades,” said Secretary of Commerce Wilbur Ross. “We look forward to receiving parties’ comments on the preliminary determinations that aluminum sheet imports from 18 countries have been dumped, and in some cases unfairly subsidized, into the U.S. market.” 

Commerce preliminarily determined that exporters have dumped common alloy aluminum sheet in the United States at the following rates: 

  • 4.21 percent for Bahrain 
  • 49.48 percent to 136.78 percent for Brazil 
  • 3.22 percent for Croatia 
  • 10.42 percent for Egypt 
  • 51.18 percent to 352.71 percent for Germany 
  • 2.72 percent for Greece 
  • 0 percent to 47.92 percent for India 
  • 32.12 percent for Indonesia 
  • 0.00 percent to 29.13 percent for Italy 
  • 3.53 percent for Oman 
  • 12.51 percent to 83.94 percent for Romania 
  • 11.24 percent to 25.84 percent for Serbia 
  • 4.80 percent for Slovenia 
  • 8.98 percent for South Africa 
  • 5.04 percent for South Korea 
  • 3.75 percent to 23.32 percent for Spain 
  • 18.02 percent for Taiwan 
  • 12.71 percent to 12.90 percent for Turkey 

As a result of these decisions, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of common alloy aluminum sheet from the above-named countries based on the preliminary rates noted above.  

The petitioners are the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group and its individual members, Aleris Rolled Products, Inc. (Richmond, VA), Arconic, Inc. (Pittsburgh, PA), Constellium Rolled Products Ravenswood, LLC (Ravenswood, WV), JW Aluminum Company (Williamsport, PA), Novelis Corporation (Atlanta, GA), and Texarkana Aluminum, Inc. (Texarkana, TX). Commerce is scheduled to announce its final determinations in these cases on or about February 22, 2021. 

If Commerce’s final determinations are affirmative, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determination on or about April 5, 2021. If Commerce makes affirmative final determinations of dumping and the ITC makes an affirmative final injury determination, Commerce will issue AD orders. If Commerce makes a negative final determination or the ITC makes a negative final determination of injury in an investigation, the investigation will be terminated and no order will be issued. 

In 2019, U.S. imports of common alloy aluminum sheet were valued at: 

  • $241.2 million from Bahrain 
  • $97 million from Brazil 
  • $25.2 million from Croatia 
  • $43.8 million from Egypt 
  • $286.6 million from Germany 
  • $102 million from Greece 
  • $123.3 million from India 
  • $139.2 million from Indonesia 
  • $85.3 million from Italy 
  • $200.2 million from Oman 
  • $29.3 million from Romania 
  • $9.7 million from Serbia 
  • $35.2 million from Slovenia 
  • $119.1 million from South Africa 
  • $121.7 million from South Korea 
  • $57.1 million from Spain 
  • $146.3 million from Taiwan 
  • $122.8 million from Turkey 

Click HERE for a fact sheet on today's decisions. 

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 286 new AD and CVD investigations, a 267 percent increase from the comparable period in the previous administration. 

The antidumping duty law provides 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. The CVD law provides American businesses and workers with an internationally accepted mechanism to seek relief from the harmful effects of unfair subsidization of imports into the United States.  Commerce currently maintains 540 AD and CVD orders which provide relief to American companies and industries impacted by unfair trade. 

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 antidumping duties. Foreign companies that receive financial assistance from foreign governments that benefits their production of goods, and is limited to specific enterprises or industries, or is contingent either upon export performance or upon the use of domestic goods over imported goods, are subject to CVD duties. 

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 solely on facts submitted to the public record.  

Rules and Regulations Under the Textile Fiber Products Identification Act - Federal Trade Commission / Federal Register

ACTION:  Final rule.

SUMMARY:  The Federal Trade Commission (“FTC” or “Commission”) amends the Rules and Regulations Under the Textile Fiber Products Identification Act (“Textile Rules” or “Rules”) to incorporate the most recent ISO 2076 standard for generic fiber names.

DATES: This rule is effective November 5, 2020. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of November 5, 2020.


Second Largest Border Meth Bust in History - U.S. Customs & Border Protection

SAN DIEGO – U.S. Customs and Border Protection officers at the Otay Mesa commercial facility Friday seized more than 3,100 pounds of methamphetamine, fentanyl powder, fentanyl pills and heroin as part of the second largest methamphetamine bust along the southwest border in the history of the agency, based on information developed by DEA, working jointly with HSI.

“Smugglers will try every way possible to try and get their product across the border and because of the partnership between CBP, Homeland Security investigations and DEA this significant seizure occurred and we stopped them,” said Anne Maricich, acting CBP director of field operations in San Diego. “I’m proud of the CBP officers’ dedication to our mission; they continue to stop dangerous drugs from entering our communities.”

On Oct. 9, at about 9:45 a.m., a driver arrived at the cargo border crossing with a tractor-trailer shipment that was manifested as medical supplies.  The officer decided to refer the driver, truck, and shipment for a more intensive inspection. 

CBP officers screened the truck using the port’s imaging system, similar to an x-ray, and found anomalies with the rear of the trailer. The conveyance was sent to the dock and a canine alerted to the boxes inside the trailer.  Officers offloaded the shipment and discovered 1,816 packages co-mingled with the medical supplies that primarily contained clear plastic pipette tips, spray bottles of surface decontaminate and calibrated pipette tools (used for sampling and dispensing liquid).

CBP officers later extracted approximately 3,014 pounds of methamphetamine, 64 pounds of heroin, 29 pounds of fentanyl powder, and almost 37 pounds of fentanyl pills, worth an estimated $7.2 million.  CBP officers seized the narcotics and conveyance.

“This massive seizure is testament of what law enforcement agencies can do when we combine forces – prevent over $7 million worth of deadly drugs from entering our country; thus saving countless lives from addiction and overdose deaths,” said DEA Special Agent in Charge John W. Callery. “DEA cherishes our great law enforcement partners in San Diego, especially those who work tirelessly to protect our nation’s borders.  We will continue to work together to disrupt drug trafficking organizations at every opportunity we are given.” 

The driver, a 47–year-old male Mexican citizen, was arrested and turned over the custody of the joint investigative team from U.S. Immigration and Customs Enforcement, Homeland Security Investigations and the Drug Enforcement Administration; he will face criminal charges.

“This significant seizure is a prime example of how a successful partnership between HSI, CBP, and DEA results in the disruption of transnational criminal organizations while protecting our country from dangerous illicit drugs,” said Juan Munoz, acting Special Agent in Charge of HSI in San Diego. “We will continue to work tirelessly to bring those responsible to justice.”

Criminal charges are merely allegations.  Defendants are presumed innocent unless proven guilty in a court of law.

CBP officers at the border crossing in Southern California stop illegal activity while processing millions of legitimate travelers into the United States.

Federal Register Notices:

CINCINNATI —From Monday, October 6, to Thursday, October 9, U.S. Customs and Border Protection (CBP) officers in Cincinnati seized 11 shipments containing a total of 30 pounds of smuggled ketamine. The shipments were destined to private residences in Arizona, Colorado, New York, Ohio, Tennessee, and Texas.

During routine inspections of Nigerian and Columbian freight, officers decided to take a closer look at 11 suspicious shipments of personal care products. After testing bottles of bath scrubs, water, and various facial products with a handheld elemental isotope analysis tool, officers discovered liquid ketamine in all of the products. The cumulative value of the ketamine was about $215,000.

Like many anesthetics ketamine has legitimate medical uses, but it is often misused for its hallucinogenic and sedating effects. Ketamine abuse typically occurs at raves and nightclubs and is commonly used to facilitate sexual assault crimes. It is a Schedule III non-narcotic drug regulated under the Controlled Substances Act.

“Our highly experienced officers continue their mission to protect American citizens,” said Cincinnati Port Director Richard Gillespie. “We are committed to stopping the flow of illegal and dangerous drugs that are used to prey in innocent civilians.”

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.

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