Petitions for the Imposition of Antidumping and Countervailing Duties on Oil Country Tubular Goods from Argentina, Mexico, Russia, and South Korea - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): Argentina, Mexico, and Russia; Countervailing Duty (“CVD”): Russia, and South Korea
II. Product: The proposed scope of these investigations is as follows: The merchandise covered by the investigation is certain oil country tubular goods (OCTG), which are hollow steel products of circular cross-section, including oil well casing and tubing, of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled) whether or not conforming to American Petroleum Institute (API) or non-API specifications, whether finished (including limited service OCTG products) or unfinished (including green tubes and limited service OCTG products), whether or not thread protectors are attached. The scope of the investigation also covers OCTG coupling stock. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise processed in a third country, including by performing any heat treatment, cutting, upsetting, threading, coupling, or 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 OCTG. Excluded from the scope of the order are: casing or tubing containing 10.5 percent or more by weight of chromium; drill pipe; unattached couplings; and unattached thread protectors.
III. HTS classifications:
Subject OCTG are normally entered under HTSUS 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the investigation may also enter under the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28, 7304.39.00.32, 7304.39.00.36, 304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80, 7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, 7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90, 7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
IV. Date of Filing: October 6, 2021
V. Petitioners: Borusan Mannesmann Pipe U.S., 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):
Argentina: 320.17%
Mexico: 280.14%
Russia: 136.17%
IX. Comments:
A. Projected date of ITC Preliminary Conference: October 27, 2021.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is December 15, 2021; CVD is October 26, 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: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2019-2020
Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Porcelain-on-Steel Cooking Ware From the People's Republic of China: Final Results of Fifth Sunset Review and Revocation of Order
Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020
Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
Utility Scale Wind Towers From India: Final Affirmative Countervailing Duty Determination
Determination of Sales at Less Than Fair Value: Utility Scale Wind Towers From India: Final Affirmative Determination of Sales at Less Than Fair Value
Utility Scale Wind Towers From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value
Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Oil Country Tubular Goods From Argentina, Mexico, Russia, and South Korea; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
Investigations; Determinations, Modifications, and Rulings, etc.: Certain Movable Barrier Operator Systems and Components Thereof Notice of Request for Submissions on the Public Interest
Certain Non-Invasive Aesthetic Body-Contouring Devices, Components Thereof, and Methods of Using the Same; Notice of a Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Terminate the Investigation in Its Entirety Based Upon Settlement; Termination of Investigation
---------------------------------------------------------------------------------------------------------------------------------------------------------------
OTEXA: Announcements - Office of Textile & Apparel
[10/06/2021 – The Office of the U.S. Trade Representative (USTR) invites comments on whether to reinstate particular product exclusions from additional duties related to the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. Most of the 549 previously extended exclusions have expired. The public docket at USTR Comments will be open for parties to submit comments from October 12 through December 1, 2021. Further information and a list of products can be found on USTR’s Reinstatement of Certain Exclusions Previously Extended webpage.
----------------------------------------------------------------------------------------------------------------------------------------------------------------
Louisville CBP Continues to See and Seize Counterfeit Designer Watches - U.S. Customs & Border Protection
LOUISVILLE, KY— From September 10-30 U.S. Customs and Border Protection (CBP) officers assigned to the Port of Louisville seized 66 separate shipments containing 3,345 counterfeit designer watches worth $67.07 million, and the flow of counterfeit watches continue. On October 4 and 5, CBP officers made two seizures of 59 Rolex and three Audemars Piguet counterfeit designer watches. Had these watches been real, they would have been worth $2.68 million.
The first shipment arrived from Hong Kong and was destined for a residence in Puerto Rico. The second shipment was arriving from Hong Kong and was heading to Miami. Officers inspected these parcels to determine if the goods were admissible in accordance with CBP regulations. The first shipment had 24 Rolex watches and 3 Audemars Piguet watches, while the second parcel contained 35 Rolex watches. The watches were determined to be counterfeit by CBP’s trade experts at the Centers of Excellence and Expertise. If they were real, the watches would have been valued at $987,000 and $1.69 million respectively.
“Our officers and import specialists have done an excellent job targeting shipments and identifying counterfeit items,” said LaFonda Sutton-Burke, Director, Field Operations-Chicago. “CBP protects businesses and consumers every day with an aggressive intellectual property rights enforcement program.”
Historically, counterfeit watches and jewelry have been one of the top seized counterfeit products by CBP, with more than a quarter of the counterfeit goods coming from Hong Kong. Counterfeit watches and jewelry make up almost half of the total MSRP of seized goods (an average of $650 million over the last two years).
“CBP officers play a critical role in the Nation’s efforts to keep unsafe counterfeit and pirated goods from harming the American public,” said Thomas Mahn, Port Director-Louisville. “This is yet another dramatic example of how CBP officers work every day to protect the American consumer, the US economy and US jobs.”
Sold in underground outlets and on third party e-commerce websites, counterfeit commodities fund smugglers and members of organized crime. Consumers often believe they are buying a genuine product but soon realize the item is substandard and potentially dangerous.
CBP Trade protects the intellectual property rights of American businesses through an aggressive Intellectual Property Rights enforcement program, safeguarding them from unfair competition and use for malicious intent while upholding American innovation and ingenuity. Suspected violations can be reported to CBP here.
Every year, CBP seizes millions of counterfeit goods from countries around the world as part of its mission to protect U.S. businesses and consumers. These goods include fake versions of popular products, such as smartphones and related accessories, electronics, apparel, shoes, cosmetics, and high-end luxury goods, as well as goods posing significant health and safety concerns, such as counterfeit pharmaceuticals, bicycle and motorcycle helmets, medical devices, supplements and other consumables. Sold online and in stores, counterfeit goods hurt the U.S. economy, cost Americans their jobs, threaten consumer health and safety, and fund criminal activity. Visit the National IPR Coordination Center for more information about IPR including counterfeiting and piracy.
Nationwide in Fiscal Year 2020, CBP seized 26,503 shipments containing goods that violated intellectual property rights. The total estimated value of the seized goods, had they been genuine, was nearly $1.3 billion. CBP has established an educational initiative to raise consumer awareness about the consequences and dangers that are often associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at Fake Goods.
----------------------------------------------------------------------------------------------------------------------------------------------------------------
FDA In Brief: FDA Withdrawing Temporary Guidances for Alcohol-Based Hand Sanitizers - US Food & Drug Administration
The following quote is attributed to Patrizia Cavazzoni, M.D., director of the FDA’s Center for Drug Evaluation and Research:
“The FDA is committed to providing timely guidance to support continuity and response efforts during the COVID-19 pandemic. Throughout the pandemic, the agency has continuously assessed the needs and circumstances related to hand sanitizers and issued temporary guidances to provide regulatory flexibility to certain firms to help meet the increased demand.
As relevant needs and circumstances evolve, the FDA updates, modifies or withdraws policies as appropriate. In recent months, the supply of alcohol-based hand sanitizer from traditional suppliers has increased, and now, most consumers and healthcare personnel are no longer having difficulty obtaining these products. Therefore, we have determined it’s appropriate to withdraw the temporary guidances and are providing manufacturers time to adjust their business plans related to production of these products under these temporary policies.
The FDA commends all manufacturers, big and small, who stepped in to provide American consumers and health care professionals with hand sanitizer products while they were in high demand during the pandemic. We stand ready to help those who no longer plan to produce hand sanitizers, as well as help those who wish to continue doing so, to ensure they are complying with the appropriate requirements.”
Additional Information
Today, the U.S. Food and Drug Administration announced that it intends to withdraw, effective Dec. 31, 2021, guidances originally issued in March 2020 outlining temporary policies for manufacturers that were not drug manufacturers at the time to produce certain alcohol-based hand sanitizer and alcohol for use in hand sanitizers during the public health emergency.
Effective Dec. 31, 2021, companies manufacturing alcohol-based hand sanitizers under the temporary policies must cease production of these products. After that date, manufacturers wishing to continue producing hand sanitizer can do so provided they comply with the tentative final monograph for over-the-counter topical antiseptics and other applicable requirements, including the FDA’s Current Good Manufacturing Practice requirements.
Manufacturers who no longer plan to produce these products are able to deregister by following the instructions on the Electronic Drug Registration and Listing Instructions page.
Hand sanitizers manufactured before or on December 31, 2021, and produced under the temporary guidances must no longer be sold to wholesalers or retailers by March 31, 2022.
----------------------------------------------------------------------------------------------------------------------------------------------------------------
On a Day for Goblins and Tricks, Make Safety a Treat - Consumer Product Safety Commission
WASHINGTON, D.C. -- The U.S. Consumer Product Safety Commission (CPSC) is reminding consumers to make safety a priority this Halloween when trick-or-treating, donning costumes, carving pumpkins and decorating.
Over the past three years, CPSC estimates that an annual average 3,600 Halloween-related injuries were treated in U.S. hospital emergency departments. Here’s how the injuries break down:
48% were related to pumpkin carving;
27% were due to falls while putting up or taking down decorations, tripping on costumes or walking while trick-or-treating;
25% of the injuries included lacerations, ingestions and other injuries associated with costumes, pumpkins or decorations, and allergic reactions or rashes.
Among the injured, 56 percent were adults 18 years and over, 44 percent were under 18 years old, and about six percent of all injuries were to children two years old or younger.
Avoid injuries by following these CPSC safety tips:
Leave pumpkin carving to the adults. Child helpers can grab a spoon and scoop out the inside or use a marker to trace the design.
Battery-operated lights or glow sticks are recommended for decorations and are the safest option. However, if using open-flame candles, keep them away from curtains, decorations and other combustibles that could catch fire. Never leave burning candles unattended.
Use a ladder when hanging or removing decorations, and only use lights that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires or loose connections. Discard damaged light sets.
Wear a costume that fits, and avoid overly long or baggy costumes to prevent trips and falls. Costumes with loose, flowing fabrics can also be a fire hazard when close to open flames. Costumes made of polyester or nylon fabric, and not sheer cotton or rayon fabric, reduce the hazard. However, any fabric can burn if it comes in contact with an open flame.
One last thing, be sure to follow the advice of Centers for Disease Control and Prevention and your local jurisdiction. COVID-19 still lurks, so know when to wear a mask, not a Halloween costume mask, but a protective mask.
Have a safe and happy Halloween!
]