Petitions for the Imposition of Antidumping and Countervailing Duties: Certain Freight Rail Coupler Systems and Components thereof from the People's Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”) and Countervailing Duty (“CVD”): People’s Republic of China
II. Product: The scope of the imported merchandise that Petitioners intend to cover in this investigation is:
The scope of this investigation covers certain freight rail car coupler systems and components thereof. Subject freight rail car coupler systems are composed of knuckles, coupler bodies, coupler yokes, and follower blocks. Subject coupler systems and components are included within the scope whether finished or unfinished, whether assembled fully or partially or unassembled, whether mounted or unmounted, or if joined with non-subject merchandise, such as other non-subject system parts or a completed rail car. Only the subject coupler system and components are subject to duties if imported with or mounted with other non-subject merchandise. Subject freight rail coupler components imported individually independent from a coupler system are also included within the scope of the investigation.
A coupler system (also known as a “coupling”) is the mechanism used to connect freight rail cars together. The knuckles function as interlocking parts of the couplers that close automatically due to the force of the freight rail cars coming together. The coupler yoke functions as the pocket for the draft gear that connect couplers to the freight car. The follower block is a rectangular shaped block of steel that is interposed between the back end of the coupler and the front working end of the draft gear.
The products covered by the scope of this investigation, when imported into the United States, meet, intend to meet, or exceed the Association of American Railroads (“AAR”) specifications of M211, “Foundry and Product Approval Requirements for the Manufacture of Couplers, Coupler Yokes, Knuckles, Follower Blocks, and Coupler Parts” and/or AAR M215 “Coupling Systems,” or other equivalent domestic or international standards (including any revisions to the standard(s)). Subject merchandise include: (1) E and E/F couplers; (2) F couplers; (3) E yokes; (4) F yokes; (5) E and F knuckles; and (6) and E and F type follower blocks. The inclusion, attachment, joining, or assembly of non-subject components with subject components or systems does not remove the subject components or systems from the scope.
The country of origin for subject coupler systems and components, whether fully assembled, unfinished, semi-finished, or finished, or attached to a rail car, is the country where the subject coupler components were cast and/or forged. Subject merchandise includes coupler components as defined above that have been further processed or further assembled, creating a more complex assembly in a third country, including those coupler components attached to a rail car in third countries. Only the value of the subject merchandise if entered attached to other non-subject products including the rail car will be subject to duties.
III. HTS classifications: The merchandise subject to this investigation is currently classifiable in the Harmonized Tariff Schedule of the United States (“HTSUS”) statistical reporting numbers 8607.30.1000. Subject merchandise attached to finished rail cars may also enter under HTSUS heading 8606 or under subheading 980300 if imported as an Instrument of International Traffic.
IV. Date of Filing: September 29, 2021.
V. Petitioners: The Coalition of Freight Coupler Producers (“CFCP”), comprised of Amsted Rail Company, Inc. (“Amsted”) and McConway & Torley LLC (“M&T”).
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: 142.9%
IX. Comments:
A. Projected date of ITC Preliminary Conference: October 20, 2021.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is December 8, 2021. The earliest theoretical date for retroactive suspension of liquidation for the CVD is October 19, 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:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Rolled Steel Flat Products From the People's Republic of China and the Republic of Korea: Final Results of the Expedited First Sunset Reviews of the Countervailing Duty Orders
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Cold-Rolled Steel Flat Products From Brazil, China, India, Japan, Republic of Korea, and United Kingdom: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
• Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Results and Rescission in Part of Countervailing Duty Administrative Review; 2019
• Certain Corrosion-Resistant Steel Products From India: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
• Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Freight Rail Coupler Systems and Components From China; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Tobacco Heating Articles and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 2019
• Certain Steel Racks and Parts Thereof From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
• Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
• Emulsion Styrene-Butadiene Rubber From Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2019-2020
• Corrosion-Resistant Steel Products From India, Italy, the People's Republic of China, the Republic of Korea, and Taiwan: Final Results of Expedited Sunset Reviews of Antidumping Duty Orders
• Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Alloy Magnesium From China; Scheduling of Expedited Five-Rear Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Certain Uncoated Paper From Brazil: Final Results of Antidumping Duty Administrative Review; 2019-2020
________________________________________________________________________________
USTR Requests Comments on Reinstatement of Targeted Potential Exclusions of Products of China Subject to Section 301 Tariffs - U.S. International - U.S. Trade Representative
WASHINGTON – Following Ambassador Katherine Tai’s announcement on October 4, 2021 that the Office of the United States Trade Representative (USTR) will start a targeted tariff exclusion process, today USTR is posting a Federal Register notice inviting public comments on whether to reinstate previously extended exclusions. The exclusions process is a key part of the Biden-Harris Administration’s deliberative, long-term vision for realigning the U.S. – China trade relationship around our priorities and making trade work for American workers and businesses.
In her speech outlining the Administration’s new approach, Ambassador Tai also announced that she will discuss with China its performance under the Phase One Agreement, raise our broader concerns with Beijing's non-market policies and practices, and work with allies and partners who share our strong interest in ensuring that the terms of competition are fair.
Of the more than 2,200 exclusions that were granted, 549 were extended. Most of these exclusions expired by December 31, 2020. As these exclusions were previously found to warrant additional time, USTR will evaluate, on a case-by-case basis, the possible reinstatement of each exclusion.
The focus of the evaluation will be whether, despite the first imposition of these additional duties in September 2018, the particular product remains available only from China. In addition, USTR will consider whether reinstating the exclusion, or not reinstating the exclusion, will impact or result in severe economic harm to the commenter or other U.S. interests, including the impact on small businesses, employment, manufacturing output, and critical supply chains in the United States, as well as the overall impact of the exclusions on the goal of obtaining the elimination of China’s acts, policies and practices covered in the Section 301 investigation.
The public comment period will last for 50 days, from October 12 through December 1. USTR will then review the public comments, and consult with other agencies, including the Small Business Administration. As part of the exclusion review process, USTR will work to ensure the China 301 tariffs align with the Biden-Harris Administration’s economic priorities. The reinstated exclusions will be retroactive to October 12. USTR is seeking comments on the appropriate length for the reinstated exclusions. Reinstated exclusions will be published in the Federal Register.
The text of the Federal Register notice inviting public comment can be viewed here. A list of the over 500 exclusions covered by the notice is posted separately on the USTR website here.
________________________________________________________________________________
USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand and Vietnam - US International Trade Commission
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty orders on imports of polyethylene retail carrier bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam and the existing countervailing duty order on imports of this product from Vietnam would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam will remain in place.
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.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam (Inv. Nos. 701-TA-462 and 731-TA-1156-1158 (Second Review) and 731-TA-1043-1045 (Third Review), USITC Publication 5233, October 2021) will contain the views of the Commission and information developed during the reviews.
The report will be available by November 8, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Polyethylene Retail Carrier Bags from China, Indonesia, Malaysia, Taiwan, Thailand, and Vietnam were instituted on April 1, 2021.
On July 7, 2021, the Commission voted to conduct expedited reviews. Commissioners Jason E. Kearns, Randolph J. Stayin, David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group responses were inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
________________________________________________________________________________
OTEXA: Announcements - Office of Textile & Apparel
[10/05/2021 – August 2021 Textile and Apparel Import Report
________________________________________________________________________________
FDA In Brief: FDA Warns Firms for Continuing to Market E-cigarette Products After Agency Denied Authorizations - Food & Drug Administration
The following quote is attributed to Mitch Zeller, J.D., director of FDA’s Center for Tobacco Products:
“The FDA is responsible for ensuring that new tobacco products are put through the appropriate regulatory review process to determine if they meet the public health standards of the law before they can be marketed. If a product does not meet the particular standard then the agency issues an order denying the marketing application. It is illegal to market a new tobacco product in the United States that does not have marketing authorization from the FDA.
One of our top priorities is ensuring that manufacturers are held accountable for marketing unauthorized tobacco products. Today’s action shows that we’re prioritizing enforcement against tobacco product manufacturers who received a negative action on their application, such as a Marketing Denial Order or Refuse to File notification and continue to illegally sell those unauthorized products, as well as products for which manufacturers failed to submit a marketing application.
It is our responsibility to make sure that tobacco product manufacturers comply with the law to protect public health and we’ll continue to hold companies accountable for breaking the law.”
Additional Information
• Today, the U.S. Food and Drug Administration issued warning letters to 20 companies for continuing to unlawfully market electronic nicotine delivery system (ENDS) products that are the subject of Marketing Denial Orders (MDOs). These are the first warning letters issued for products subject to MDO determinations on their premarket tobacco product applications (PMTAs).
• The FDA also issued warning letters today for the unlawful marketing of tobacco products to one company that received Refuse to File (RTF) determinations on their PMTA, one company that received RTF and MDO determinations on their PMTA, and six companies that did not submit any premarket applications.
• Collectively, these 28 companies have listed a combined total of more than 600,000 products with the FDA.
• As of Sept. 23, the FDA has issued a total of 323 MDOs, accounting for more than 1,167,000 flavored ENDS products.
• The FDA will continue to prioritize enforcement against companies that market ENDS products without the required authorization–especially those products with a likelihood of youth use or initiation.
________________________________________________________________________________
CPSC to Consumers: The Safest Window Coverings When Young Children Are Present Are Cordless - Consumer Product Safety Commission
October is National Window Covering Safety Month
WASHINGTON, D.C. – One of the most serious hazards in American homes is also one of its most hidden—window covering cords that entangle infants and children. As many across the country continue to work and learn from home due to COVID-19, the U.S. Consumer Product Safety Commission (CPSC) urges consumers to choose cordless window coverings. Pull cords, continuous loop cords, inner cords or any other accessible cords on window coverings are dangerous to young children.
“Children have strangled to death on the cords of window blinds, shades, draperies and other window coverings, and this can happen in mere moments, even with an adult nearby,” said CPSC Acting Chairman Robert Adler. “The safest option when young children are present is to go cordless.”
When children become entangled, strangulation can occur in less than a minute. Window cord strangulation is often silent, so parents or caregivers nearby may not realize that a tragedy is unfolding. On average, about nine children age 5 and younger die every year from strangulation in window blinds, shades, draperies and other window coverings with cords. In addition, there were nearly 200 incidents involving children up to 8 years old due to strangulation hazards on window covering cords from January 2009 through December 2020, according to CPSC data. Injuries varied from a scar around the neck, quadriplegia and permanent brain damage.
CPSC is advising consumers to buy and install cordless window coverings (labeled as cordless) in all rooms where a child may be present. Cordless products are available at most major retailers and online including inexpensive options. If consumers are unable to replace existing window coverings with cordless ones, CPSC recommends the following safety steps:
• Eliminate any dangling cords by making the pull cords as short as possible.
• Keep all window covering cords out of the reach of children.
• Ensure that cord stops are installed properly and adjusted to limit the movement of inner lift cords.
• Anchor to the floor or wall continuous-loop cords for draperies and blinds.
• Move all cribs, beds, furniture and toys away from windows and window covering cords, preferably to another wall.
For more information, visit CPSC’s Window Covering Safety Education Center.
CPSC staff is in the process of developing a draft Notice of Proposed Rulemaking (NPR) on corded window coverings for Commission consideration.
]