C-AIR TIMES ISSUE #668 - Friday, February 05, 2021 07:04

Petitions for the Imposition of Antidumping and Countervailing Duties on Granular Polytetrafluoroethylene (PTFE) Resin from India and Russia - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

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

II. Product: The product covered by this investigation is granular polytetrafluoroethylene (PTFE) resin. PTFE is covered by the scope of this investigation whether filled or unfilled, whether or not modified, and whether or not containing co-polymer, additives, pigments, or other materials. Also included is PTFE wet raw polymer. The chemical formula for PTFE is C2F4, and the Chemical Abstracts Service Registry number is 9002-84-0.

Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by filling, modifying, compounding, packaging with another product, or performing any other finishing, packaging, or processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the granular PTFE.

The product covered by this investigation does not include dispersion or coagulated dispersion (also known as fine powder) PTFE.

PTFE further processed into micropowder, having particle size typically ranging from 1 to 25 microns, and a melt-flow rate no less than 0.1 gram/10 minutes, is excluded from the scope of this investigation.

III. HTS classifications: Granular PTFE is classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 3904.61.0010. Subject merchandise may also be classified under HTSUS subheading 3904.69.5000. Although the HTSUS subheadings and CAS Number are provided for convenience and customs purposes, the written description of the scope is dispositive.

IV. Date of Filing: January 27, 2021

V. Petitioners: Daikin America, Inc.

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):

India: 214.77% Russia: 71.01%

IX. Comments:

A. Projected date of ITC Preliminary Conference: February 17, 2021.

B. The earliest theoretical date for retroactive suspension of liquidation for the AD investigations is April 7, 2021; CVD is February 16, 2021. 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.

Federal Register Notices:

CBP to Comply With Presidential Executive Order Requiring Face Masks at Ports of Entry - U.S. Customs & Border Protection

WASHINGTON — Effective Feb. 2, U.S. Customs and Border Protection (CBP) is enforcing the requirement that travelers wear face masks at all air, land and sea ports of entry in the United States in accordance with President Biden’s Executive Order on Promoting COVID-19 Safety in Domestic and International Travel and the Centers for Disease Control and Prevention (CDC) Order Regarding the Requirement for Persons to Wear Masks While on Public Conveyances and at Transportation Hubs.

The new requirement applies to all persons older than 2 years of age. Per CDC guidelines:

A properly worn mask completely covers the nose and mouth.
Cloth masks should be made with two or more layers of a breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source).
Masks should be secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they should have two layers of fabric or be folded to make two layers.
Masks should fit snugly but comfortably against the side of the face.
Masks should be a solid piece of material without slits, exhalation valves, or punctures.

With limited exceptions, travelers must wear a face mask while physically present at a U.S. air, land, or sea port of entry. CBP Officers will require travelers to temporarily lower their mask during the inspection process to verify their identity.

The mask requirement does not apply to persons with disabilities who cannot wear, or cannot safely wear, a mask due to a disability as defined by the Americans with Disabilities Act. The mask requirement also does not apply to individuals for whom wearing a mask would create a risk to workplace health, safety, or job duty.

Individuals on private conveyances such as personal vehicles are not required to wear a mask while driving, but must don a mask once they enter an air, land, or sea port facility. Drivers of commercial vehicles and trucks are also not required to wear a mask while driving if the driver is the sole occupant of the vehicle.

The mask requirement will remain in effect until further notice. Failure to comply with the mask requirement can result in denial of transport or other civil/criminal penalties under 18 U.S.C. 3559, 3571.

CBP urges all travelers to closely follow the CDC’s COVID-19 travel guidelines.

CBP in Puerto Rico Seizes Packages with Counterfeit Electronics and Jewelry - U.S. Customs & Border Protection

SAN JUAN, Puerto Rico — U.S. Customs and Border Protection (CBP) continues to find counterfeit and pirated goods that were purchased online by consumers.A sample of a counterfeit Cartier bracelet.

CBP San Juan Field Operations seized numerous courier packages sent from Hong Kong containing counterfeit electronic cables, adapters, Apple Air Pods as well as copies of Cartier bracelets and other high-end jewelry brands.

“Consumers and small resellers purchase these products knowing the intrinsic value that these brands represent,” indicated Leida Colon, Assistant Director of Field Operations for Trade. “Consumers are tricked into believing they are buying an original product at a significant discount.”

If these items had been genuine, the seized merchandise would have had an estimated manufacturer’s suggested retail price (MSRP) of over 530,000 US dollars.

CBP officers discovered the counterfeit goods while conducting enforcement examinations on courier packages at the Air Cargo Facility located at Luis Munoz Marin International Airport.

Counterfeit Air Pods. In Fiscal Year 2020, the CBP San Juan Field Office seized 2,443 shipments containing goods that violate intellectual property rights with an MSRP value of 46 million US dollars.

The majority of the counterfeit items seized in the San Juan Field Office are illegitimate goods in the jewelry, handbags, electronics, footwear, clothing and prescription drugs product categories. The source countries for most of these items are Hong Kong and China.

There are several steps that consumers can take to protect themselves when shopping online. Purchase goods only from reputable retailers and be wary of third party vendors. Check seller reviews and verify there is a working phone number and address for the seller, in case you have questions about the legitimacy of a product.

CBP has also established an educational initiative to raise consumer awareness about the consequences and dangers associated with purchasing counterfeit and pirated goods online or in stores. More information about that initiative is available at 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. Intellectual property rights 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.

For more information about protecting yourself from counterfeit and pirated goods, visit https://www.stopfakes.gov/.

Revocation of One Ruling Letter and Revocation of Treatment Relating to the Tariff Classification of Footwear - Customs Bulletin Weekly, Vol. 54, December 9, 2020, No. 48

AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: Notice of revocation of one ruling letter and of revocation of treatment relating to the tariff classification of footwear.

SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. § 1625(c)), as amended by section 623 of title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises interested parties that U.S. Customs and Border Protection (CBP) is revoking one ruling letter concerning tariff classification of footwear under the Harmonized Tariff Schedule of the United States (HTSUS). Similarly, CBP is revoking any treatment previously accorded by CBP to substantially identical transactions. Notice of the proposed action was published in the Customs Bulletin, Vol. 54, No. 41, on October 21, 2020. No comments were received in response to that notice.

EFFECTIVE DATE: This action is effective for merchandise entered or withdrawn from warehouse for consumption on February 7, 2021.

542 Fake iPhones Seized by Cincinnati CBP - U.S. Customs & Border Protection

CINCINNATI — Tuesday, U.S. Customs and Border Protection (CBP) officers in Cincinnati seized a 211 pound shipment full of fake iPhones coming from Japan. The phones were headed to an electronics store in Miami, Florida.

The total Manufacturer’s Suggested Retail Price (MSRP) for the phones was $143,135, had they been genuine. All of the items were deemed counterfeit by CBP’s Centers of Excellence and Expertise.

American consumers spend more than $100 billion every year on intellectual property rights (IPR) infringing goods, falling victim to approximately 20% of all counterfeits illegally sold worldwide.

Counterfeit electronics can be a serious health and safety hazard because of the increased probability of malfunction or fire hazard. Electronics can come with pre-installed malware, which can affect the security of users’ information. Counterfeits pose criminal, financial, and consumer safety risks for the United States and its citizens.

“E-commerce is a growing segment of the U.S. economy, driven by high-volume, low-value shipments entering our ports of entry,” said Cincinnati Port Director Richard Gillespie. “Our officers are committed to protecting our citizens and enforcing U.S. laws to make sure legal trade continues but illicit shipments like this one do not reach unsuspecting consumers.”

IPR protection is a priority trade issue for CBP, and the agency has established an educational initiative to raise consumer awareness about the consequences and dangers associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at https://www.cbp.gov/FakeGoodsRealDangers.

If you have information about counterfeit merchandise being illegally imported into the U.S., CBP encourages you to submit an e-Allegation. The e-Allegation provides a means for the public to anonymously report to CBP any suspected violations of trade laws or regulations related to the importation of goods into the U.S.

ICE HSI, NFL Partner to Prevent Fake Sports-Related Merchandise from Reaching Fans Ahead of Big Game - ICE

TAMPA, Fla. — Homeland Security Investigations (HSI) announced Wednesday, the seizure of more than 169,000 counterfeit sports-related items over the past year, worth an estimated $45 million. This announcement was made during a joint press conference in Tampa with the National Football League (NFL), U.S. Customs and Border Protection (CBP) and the Tampa Police Department (TPD).

“Operation Team Player” is an ongoing annual operation that begins after every Super Bowl and runs through the next one, targeting international shipments of counterfeit sports merchandise into the United States. This operation is run by the HSI-led National Intellectual Property Rights Coordination Center (IPR Center), in collaboration with CBP the NFL and other major sports leagues, to prevent the illegal importation and distribution of counterfeit sports merchandise.

“Make no mistake – intellectual property theft is not a victimless crime. American manufacturers and retailers – and those they employ – as well as consumers are the losers in this game,” said Steve Francis, IPR Center director. “Fans who spend their hard-earned money to support the NFL and their favorite team can rest assured that HSI and its partners are working around the clock to ensure they are getting only genuine, high-quality officially licensed merchandise in return.”
“Operation Team Player is the most successful and long-standing collaborative effort to protect U.S. consumers from the sale of counterfeit sports merchandise and tickets,” said NFL Vice President of Legal Affairs, Dolores DiBella. “The NFL is grateful for the diligent and tireless work of agents and officers from the IPR Center, HSI, CBP, and Tampa area law enforcement who have undertaken anti-counterfeiting measures that protect fans not only at Super Bowl LV, but all season long.”

“Intellectual property rights enforcement is essential to protecting the health and safety of American consumers; ensuring a level playing field for legitimate U.S. businesses; and tackling domestic and international criminal organizations. CBP personnel are on the frontlines of enforcing intellectual property rights—most visibly by seizing products that infringe on trademarks, copyrights, and patents,” Vernon Foret, CBP Director of Field Operations for Miami and Tampa. “It has been an honor to work with the far-reaching network of law enforcement partners, public safety agencies and stakeholders represented here today.”

“The Tampa Police Department has been working with HSI and CBP, along with multiple other agencies since September to combat counterfeiting of goods as we get closer to Super Bowl. We stand prepared and ready to prosecute anyone who commits the crime within the City of Tampa and protect our residents and tourist visiting the city of Tampa during throughout the weekend,” said Chief Brian Dugan of the Tampa Police Department.

Special agents from HSI teamed with industry, CBP, Tampa police officers, and other partner agencies to identify flea markets, retail outlets and street vendors selling counterfeit goods during the week leading up to Super Bowl LV (55). They seized fake jerseys, hats, cell-phone accessories and thousands of other bogus items prepared to be sold to unsuspecting consumers.

Last year, HSI announced that enforcement actions related to “Operation Team Player” resulted in the record-breaking seizure of $123 million worth of counterfeit sports-merchandise. However, due the COVID-19 global pandemic, much of the illegal activity moved online, pushing HSI’s efforts more towards commercial websites engaged in the illegal sale and distribution of counterfeit goods.

This year’s “Operation Team Player” began at the conclusion of the 2020 Super Bowl. Throughout the year, the IPR Center led coordinated efforts with major sporting leagues to target contraband that impacts the economy, enables additional criminality and poses potential health and safety hazards to the public.

The IPR Center, working collaboratively with its public and private sector partners, stands at the forefront of the U.S. government's response to combatting global intellectual property theft and enforcing intellectual properties rights violations. The IPR Center was established to combat global intellectual property theft – and, accordingly, has a significant role policing the sale and distribution of counterfeit goods on websites, social media and the dark web. To report IP theft or to learn more about the IPR Center, visit IPRCenter.gov.

Homeland Security Investigations (HSI) is a directorate of U.S. Immigration and Customs Enforcement (ICE) and the principal investigative arm of the U.S. Department of Homeland Security, responsible for investigating transnational crime and threats, specifically those criminal organizations that exploit the global infrastructure through which international trade, travel, and finance move. HSI’s workforce of over 10,400 employees consists of more than 7,100 Special Agents assigned to 220 cities throughout the United States, and 80 overseas locations in 53 countries. HSI’s international presence represents DHS’s largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement.