C-AIR TIMES SUE #679 - Friday, April 23, 2021 09:05

Petition for the Imposition of Antidumping Duties on Raw Honey from Argentina, Brazil, India, Ukraine, and the Socialist Republic of Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I. Type of Action: Antidumping Duty (“AD”): Argentina, Brazil, India, Ukraine, and the Socialist Republic of Vietnam

II. Product: The scope of the imported merchandise that Petitioners intend to cover in this investigation is:

The merchandise covered by these petitions is raw honey. Raw honey is honey as it exists in the beehive or as obtained by extraction, settling and skimming, or coarse straining. Raw honey has not been filtered to a level that results in the removal of most or all of the pollen. The subject products include all grades, floral sources and colors of raw honey and also includes organic raw honey.

Excluded from the scope is comb honey or honey that is packaged for retail sale (e.g., in bottles or other retail containers of five (5) lbs or less).

III. HTS classifications: The merchandise subject to this order is currently classifiable under statistical subheading 0409.0000.05, 0409.0000.35, 0409.0000.45, 0409.0000.56, and 0409.0000.65 of the Harmonized Tariff Schedule of the United States (“HTSUS”).

IV. Date of Filing: April 21, 2021

V. Petitioners: American Honey Producers Association and the Sioux Honey Association, domestic producers of raw honey.

VII. 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:

Argentina: 16.83-22.60%

Brazil: 114.50%

India: 34.22-99.16 %

Ukraine: 10.56-94.84%

Vietnam: 207.08%

IX. Comments:

A. Projected date of ITC Preliminary Conference: May 12, 2021.

B. The earliest theoretical date for retroactive suspension of liquidation for the AD is June 30, 2021. Please contact our office for a complete projected schedule for the AD investigation.

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.

Federal Register Notices:

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the government of China.

Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.

As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders on imports of this product from Cambodia, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam and a countervailing duty order on imports of this product from China.

The Commission’s public report Mattresses from Cambodia, China, Indonesia, Malaysia, Serbia, Thailand, Turkey, and Vietnam (Inv. Nos. 701-TA-645 and 731-TA-1495-1501 (Final), USITC Publication 5191, May 2021) will contain the views of the Commission and information developed during the investigations.

The report will be available by May 24, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.

In the News:

Xinjiang cotton ban, forced labour claims push China to step up plans for domestic Better Cotton Initiative - South China Morning Post
S. Korea seeks to tackle rising non-tariff trade barriers - The Korea Herald
CBP Seizes Chicken Lollipops - U.S. Customs & Border Protection

Internationally purchased pet treats pose risks

DALLAS – U.S. Customs and Border Protection agriculture specialists working at the Dallas Fort Worth International Airport intercepted a shipment of prohibited and restricted pet treats, April 14, that was manifested as men’s sweaters.

The shipment did not contain sweaters but instead was chicken lollipop pet treats shipped from Hong Kong and destined for Highlands, Texas.

“Consumers are unaware that some international goods and products are prohibited or restricted because of the potential agriculture or biological risks associated with that product,” explained Dallas CBP Port Director Tim Lemaux. “When we encounter suspicious shipments, we examine them and then act accordingly. In this case, we seized the shipment to protect our nation’s agriculture industry.”

CBP agriculture specialists were examining imported shipments when they encountered a shipment manifested as men’s sweaters; however, when they examined it, they discovered 93 chicken-flavored lollipops with rawhide stems. These items are not allowed in the U.S. due to animal disease concerns.

CBP agriculture specialists work to exclude introduction of foreign animal diseases such as Highly pathogenic avian influenza 2, Newcastle disease, Foot and mouth disease, Classical swine fever, and Swine vesicular disease. These diseases can harm chicken and turkey flocks as well as potentially harm pigs.

All 93 lollipops were destroyed by steam sterilization.

Visitors to the U.S. are encouraged to declare all agriculture items they are bringing into the U.S. A traveler who declares an item that is prohibited or restricted may abandon the item at the port; however undeclared items that are prohibited or restricted can result in a civil fine. More information about bringing food to the U.S. is available here. On a typical day in fiscal year 2020, CBP intercepted 3,091 materials for quarantine including plant, meat, animal byproduct and soil.

Nearly $3.6 Million Worth of Fake Cartier Bracelets Seized by Cincinnati CBP - U.S. Customs & Border Protection

CINCINNATI –- On April 7, U.S. Customs and Border Protection (CBP) officers in Cincinnati inspected a large shipment from China and found what appeared to be 242 fake Cartier Love bracelets. After consulting with an Import Specialist from CBP’s Center of Excellence and Expertise, the items were found to be in violation of CBP trademark and copyright codes and were declared seized on April 14.Bracelets

Cartier has configuration trademarks on their Love bracelet and has recorded those trademarks with CBP. Furthermore, a company does not have to put a “Cartier” wordmark or design on their products to violate these trademarks. In this instance, further inspection of the bracelets revealed that their shape and design replicated the protected Cartier configuration.

Although the package had a total declared value of $59, the Manufacturer’s Suggested Retail Price (MSRP) for all the bracelets would have been $3,583,200 had they been genuine. The shipment was destined for an address in Greenfield, Indiana.

“Counterfeiters do not care about the consumers purchasing their products,” said Cincinnati Port Director Richard Gillespie, “nor do they care about the people making their products. Purchasing counterfeit goods not only damages our small businesses and enterprises, but also supports criminal institutions that often engage in human rights violations such as child labor and forced labor. Intellectual property is a critical component of a stable economy, and our officers work hard to protect our country and its citizens’ financial wellbeing.”

There are several ways consumers can protect themselves from purchasing fake merchandise. Companies often publish lists of authorized retailers online, and consumers should be aware that purchasing from an unauthorized vendor could easily mean the product is fake. Read all labels and check serial numbers or other forms of authentication with manufacturer databases. Additionally, using common sense about purchases that seem so cheap they are “too good to be true” can prevent consumers from wasting their hard-earned cash on an inferior product. Although fake products may be cheaper, supporting illegitimate enterprises can be far more costly than the real thing.

If you have information concerning counterfeit merchandise illegally imported into the United States, CBP encourages you to submit an anonymous report through the e-Allegations Online Trade Violation Reporting System.

CBP in Puerto Rico Seizes 1,869 Counterfeit Viagra Pills and 1,620 Unsafe Motorcycle Helmets - U.S. Customs & Border Protection

SAN JUAN, Puerto Rico — U.S. Customs and Border Protection (CBP) Officers and Import Specialists in the Port of San Juan recently seized 1,869 counterfeit Viagra pills and 1,620 H half face motorcycle helmets that did not comply with National Highway Traffic Safety Administration (NHTSA) regulations.

“Consumers and small resellers purchase counterfeit products knowing the intrinsic value that these brands represent,” indicated Leida Colon, Assistant Director of Field Operations for Trade. “Also consumers should be aware that safety regulations ensure that products meet quality standards to protect them from under par products.”

CBP officers discovered the counterfeit Viagra from a ferry passenger arriving from Santo Domingo, Dominican Republic on board the ferry.

If the pills had been genuine, the Manufacturers Suggested Retail price would be $128,866.

CBP Officers, working with the National Highway Traffic Safety Administration (NHTSA) detained a shipment of half face motorcycle helmets. The examination revealed that the shipment violated highway traffic safety regulations.

The shipment was appraised at a Domestic Value (DV) of $307,783.80.

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 economies for most of these items are Hong Kong and China.

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.

CPSC Warns Consumers: Stop Using the Peloton Tread+ - Consumer Product Safety Commission

Urgent Warning Comes After Agency Finds One Death and Dozens of Incidents of Children Being Sucked Beneath the Tread+ (Formerly Known as the Tread)

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is warning consumers about the danger of popular Peloton Tread+ exercise machine after multiple incidents of small children and a pet being injured beneath the machines. The Commission has found that the public health and safety requires this notice to warn the public quickly of the hazard.

The urgent warning comes less than a month after Peloton itself released news of a child’s death by a Peloton Tread+ and CPSC’s announcement of an investigation into that incident.

The agency is continuing to investigate all known incidents of injury or death related to the Peloton Tread+.

To date, CPSC is aware of 39 incidents including one death. CPSC staff believes the Peloton Tread+ poses serious risks to children for abrasions, fractures, and death. In light of multiple reports of children becoming entrapped, pinned, and pulled under the rear roller of the product, CPSC urges consumers with children at home to stop using the product immediately. This video demonstrates the hazard to children posed by the Tread+. [Warning, video content may be disturbing to some viewers.] It is believed that at least one incident occurred while a parent was running on the treadmill, suggesting that the hazard cannot be avoided simply by locking the device when not in use. Reports of a pet and objects being sucked beneath the Tread+ also suggest possible harm to the user if the user loses balance as a result.

What should consumers do now?

Stop using the Peloton Tread+ if there are small children or pets at home. Incidents suggest that children may be seriously injured while the Tread+ is being used by an adult, not just when a child has unsupervised access to the machine.
If consumers must continue to use the product, CPSC urges consumers to use the product only in a locked room, to prevent access to children and pets while the treadmill is in use. Keep all objects, including exercise balls and other equipment, away from the treadmill.
When not in use, unplug the Tread+ and store the safety key away from the device and out of reach of children.
Report any Peloton Tread+ incidents to CPSC at www.SaferProducts.gov or to CPSC’s Hotline at 800-638-2772.

Tread+ treadmills are sold directly to consumers via retail showrooms, and online at www.onepeloton.com.

Model No. TR-01 was called “Tread” from August 2018 to September 2020, when it was renamed “Tread+”.

Link to broadcast quality video for media: https://spaces.hightail.com/receive/blKOH6LRIk

For media questions, please email: jmartyak@cpsc.gov or pdavis@cpsc.gov.

Under section 6(b) of the Consumer Product Safety Act, CPSC is required to include with this press release any comments or other information or a summary thereof. Accordingly, here is a summary of the company’s statement.

“The Consumer Product Safety Commission’s unilateral press release about the Peloton Tread+ treadmill is inaccurate and misleading. The Tread+ is safe for Members to use in their homes and comes with safety instructions and warnings to ensure its safe use. Like all motorized exercise equipment, the Tread+ can pose hazards if the warnings and safety instructions are not followed. The Tread+ is not for children under 16. Peloton warns Members not to let children use the Tread+ and to keep children, pets, and objects away from the Tread+ at all times. Any owner of a treadmill – whether made by Peloton or not – should follow these warnings, as they are included in the applicable safety standards, which the Peloton Tread+ meets.”