Petition for the Imposition of Antidumping and Countervailing Duties: Urea Ammonium Nitrate Solutions from the Russian Federation and the Republic of Trinidad and Tobago - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”) and Countervailing Duty (“CVD”): Russian Federation and the Republic of Trinidad and Tobago.
II. Product: The scope of the imported merchandise that Petitioners intend to cover in this investigation is:
The merchandise covered by this Petition is all mixtures of urea and ammonium nitrate in aqueous or ammonia solution, regardless of nitrogen concentration by weight, and regardless of the presence of additives, such as corrosion inhibiters and soluble micro or macronutrients. The covered merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 3102.80.0000. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope is dispositive.
III. HTS classifications: The merchandise subject to this investigation is classified in subheading 3102.80.0000.
IV. Date of Filing: June 30, 2021.
V. Petitioners: CF Industries Nitrogen, LLC and its subsidiaries, Terra Nitrogen, Limited Partnership and Terra International (Oklahoma) LLC, U.S. producer of the domestic like product.
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: Russian Federation:
Nonmarket Economy Methodology: Between 181.66% and 334.20%
Market Economy Methodology: Between 169.96% and 391.65%
Republic of Trinidad and Tobago: 158.81%
IX. Comments:
A. Projected date of ITC Preliminary Conference: July 21, 2021.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is September 8, 2021. The earliest theoretical date for retroactive suspension of liquidation for the CVD is July 20, 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.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Notice of Opportunity To Request Administrative Review; Correction
• Granular Polytetrafluoroethylene Resin From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the People's Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
• Granular Polytetrafluoroethylene Resin From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Addition of Certain Entities to the Entity List: Addition of Certain Entities to the Entity List; Correction of Existing Entry on the Entity List
• Investigations; Determinations, Modifications, and Rulings, etc.: Melamine From China
• Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Notice of Opportunity To Request Administrative Review; Correction
• Granular Polytetrafluoroethylene Resin From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Polyethylene Retail Carrier Bags From Indonesia, Malaysia, the People's Republic of China, Taiwan, Thailand, and the Socialist Republic of Vietnam: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
• Granular Polytetrafluoroethylene Resin From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Certain Aluminum Foil From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2019Determination With Final Antidumping Duty Determination
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Melamine From China
• Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Institution of Investigation
• Proposed Rules: Non-Preferential Origin Determinations for Merchandise Imported From Canada or Mexico for Implementation of the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA)
• Rules: Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) Implementing Regulations Related to the Marking Rules, Tariff-Rate Quotas, and Other USMCA Provisions
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Glycine From India: Preliminary Results of Antidumping Duty Administrative Review; 2018-2020
• Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Affirmative Countervailing Duty Determination
• Finished Carbon Steel Flanges From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Certain Aluminum Foil From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2019-2020
• Determination of Sales at Less Than Fair Value: Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value
• Investigations; Determinations, Modifications, and Rulings, etc.: Acrylonitrile-Butadiene Rubber From France, Korea, and Mexico; Institution of Anti-Dumping Duty Investigations and Scheduling of Preliminary Phase Investigations
• Methionine From France
• Potassium Phosphate Salts From China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
• Certain Chassis and Subassemblies Thereof From the People's Republic of China: Antidumping Duty Order
• Certain Cold-Rolled Steel Flat Products From the United Kingdom: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2019-2020
• Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Preliminary Results and Intent To Rescind the Review, in Part; 2019-2020
• Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019
• Glycine From Japan: Preliminary Results of Antidumping Administrative Review; 2018-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Chassis and Subassemblies From China
• Urea Ammonium Nitrate Solutions from Russia and Trinidad and Tobago; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
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USITC Institutes Section 337 Investigation of Certain Casual Footwear and Packaging Thereof - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain casual footwear and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Crocs, Inc., of Broomfield, CO, on June 8, 2021, which complaint was supplemented on June 10, June 17, June 23, and June 28, 2021. The complaint, as corrected and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain casual footwear and packaging thereof that (i) infringe one or more registered trademarks asserted by the complainant, (ii) are falsely designated as to source, or (iii) dilute one or more of the registered trademarks. The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Cape Robbin Inc. of Pomona, CA;
Bijora, Inc., d/b/a Akira of Chicago, IL;
Dr. Leonard’s Healthcare Corp., d/b/a Carol Wright of Edison, NJ;
Crocsky of Austin, TX;
Fullbeauty Brands Inc. d/b/a Kingsize of New York, NY;
Hawkins Footwear, Sports, Military & Dixie Store of Brunswick, GA;
Hobibear Shoes and Clothing Ltd. of Brighton, CO;
Hobby Lobby Stores, Inc. of Oklahoma City, OK;
Ink Tee of Los Angeles, CA;
La Modish Boutique of West Covina, CA;
Legend Footwear, Inc., d/b/a Wild Diva of City of Industry, CA;
Loeffler Randall Inc. of New York, NY;
Maxhouse Rise Ltd. of Hong Kong;
PW Shoes, Inc. a/k/a P&W of Maspeth, NY;
SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co. of Hackensack, NJ;
Shoe-Nami, Inc., of Gretna, LA;
Sketchers USA, Inc., of Manhattan Beach, CA;
Star Bay Group Inc. of Hackensack, NJ;
Yoki Fashion International LLC of New York, NY;
Quanzhou ZhengDe Network Corp., d/b/a Amoji of Quanzhou, Fujian Province, China;
718Closeouts of Brooklyn, NY;
Royal Deluxe Accessories, LLC, of New Providence, NJ; and
Fujian Huayuan Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province, China.
By instituting this investigation (337-TA-1270), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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Commission Adequacy Determination: Petroleum Wax Candles from China - U.S. International Trade Commission
To view the Commission's adequacy determinations, click the link below:
https://www.usitc.gov/trade_remedy/731_ad_701_cvd/adequacy-determinations
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FTC Issues Rule to Deter Rampant Made in USA Fraud - Federal Trade Commission
Made in USA labels will finally mean goods were made in America
The Federal Trade Commission finalized a new rule that will crack down on marketers who make false, unqualified claims that their products are Made in the USA. Under the rule, marketers making unqualified Made in USA claims on labels should be able to prove that their products are “all or virtually all” made in the United States.
Commissioner Rohit Chopra was joined by Chair Lina Khan and Commissioner Rebecca Kelly Slaughter in a statement, which noted the rule will especially benefit small businesses that rely on the Made in USA label, but lack the resources to defend themselves from imitators. The new rule codifies a broader range of remedies by the FTC, including the ability to seek redress, damages, penalties, and other relief from those who lie about a Made in USA label. It will enable the Commission for the first time to seek civil penalties of up to $43,280 per violation of the rule.
While stiff penalties are not appropriate in every instance, they send a strong signal to would-be violators that they abuse the Made in USA label at their peril.
“The final rule provides substantial benefits to the public by protecting businesses from losing sales to dishonest competitors and protecting purchasers seeking to purchase American-made goods,” said Commissioner Chopra. “More broadly, this long-overdue rule is an important reminder that the Commission must do more to use the authorities explicitly authorized by Congress to protect market participants from fraud and abuse.”
In 1994, after the North American Free Trade Agreement took effect, Congress enacted legislation authorizing the FTC to seek penalties and other relief for Made in USA fraud, but only after the Commission issued a rule. However, there had long been a bipartisan consensus at the FTC that Made in USA fraud should not be penalized. The final Made in USA Labeling Rule changes course on the Commission’s longtime approach.
The rule does not impose any new requirements on businesses. Instead, it codifies the FTC’s longstanding enforcement policy statement regarding U.S.-origin claims. By codifying this guidance into a formal rule, the Commission can increase deterrence of Made in USA fraud and seek restitution for victims.
Over the course of the rulemaking, the FTC heard from hundreds of ranchers and shrimpers concerned about Made in the USA labels that mislead consumers. The Commission is pleased that in conjunction with this announcement, USDA Secretary Tom Vilsack has announced that the USDA will complement the FTC’s efforts with its own initiative on labeling for products such as beef, and other agricultural products regulated by the Food Safety and Inspection Service.
The Commission issued a notice of proposed rulemaking for this rule in June 2020. The Commission received more than 700 comments on the proposed rule, most of which either were supportive, or sought changes that were not legally permissible. The final rule adds a provision allowing marketers to seek exemptions if they have evidence showing their unqualified Made-in-USA claims are not deceptive. .
The Made in USA Labeling Rule, which will be published in the Federal Register, incorporates guidance set forth in the Commission’s previous Decisions and Orders and its 1997 Enforcement Policy Statement on U.S. Origin Claims.
Consistent with this guidance, the rule will prohibit marketers from including unqualified Made in USA claims on labels unless: 1) final assembly or processing of the product occurs in the United States; 2) all significant processing that goes into the product occurs in the United States; and 3) all or virtually all ingredients or components of the product are made and sourced in the United States.
The rule applies only to labeling claims. The FTC will continue to bring enforcement action against marketers that make deceptive U.S.-origin claims falling outside the rule under Section 5 of the Federal Trade Commission Act. The FTC is authorized to seek penalties for violations of the rule. It does not supersede, alter, or affect any other federal statute or regulation relating to country-of-origin labels.
The Commission vote approving publication of the final Made in USA Labeling Rule in the Federal Register was 3-2. Commissioner Christine Wilson also issued a dissenting statement on the rule, and another dissenting statement regarding the overall meeting agenda.