Petition for the Imposition of Antidumping Duties on Imports of Emulsion Styrne-Butadiene Rubber from Czech Republic, Italy, and Russia - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): Czech Republic, Italy, and Russia
II. Product: The product covered by this investigation is cold-polymerized emulsion styrenebutadiene rubber (“ESB rubber”). The scope of the investigation includes, but is not limited to, ESB rubber in primary forms, bales, granules, crumbs, pellets, powders, plates, sheets, strip, etc. ESB rubber consists of non-pigmented rubbers and oil-extended non-pigmented rubbers, both of which contain at least one percent of organic acids from the emulsion polymerization process.
ESB rubber is produced and sold in accordance with a generally accepted set of product specifications issued by the International Institute of Synthetic Rubber Producers (IISRP). The scope of the investigations covers grades of ESB rubber included in the IISRP 1500 and 1700 series of synthetic rubbers. The 1500 grades are light in color and are often described as ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades are oil-extended and thus darker in color, and are often called ‘‘Brown Rubber.’’
Specifically excluded from the scope of this investigation are products which are manufactured by blending ESB rubber with other polymers, high styrene resin master batch, carbon black master batch (i.e., IISRP 1600 series and 1800 series) and latex (an intermediate product).
III. HTS classifications: The products subject to this investigation are currently classifiable under subheadings 4002.19.0015 and 4002.19.0019 of the Harmonized Tariff Schedule of the United States (HTSUS). ESB rubber is described by Chemical Abstract Services (CAS) Registry No. 9003–55–8. This CAS number also refers to other types of styrene butadiene rubber.
IV. Date of Filing: November 12, 2021
V. Petitioners: Lion Elastomers LLC.
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:
Italy: 44.51%
Czech Republic: 35.87%
Russia: 67.87%
IX. Comments:
A. Projected date of ITC Preliminary Conference: December 28, 2021.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is January 21, 2022. Please contact our office for a complete projected schedule for the AD investigation.
C. Volume and Value of Imports: 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: Certain Pasta From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; 2019
• Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Citric Acid and Certain Citrate Salts From Colombia: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Citric Acid and Certain Citrate Salts From Belgium: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Drawn Stainless Steel Sinks From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Certain Activated Carbon From the People's Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review
• Determinations in the Less-Than-Fair-Value Investigations: Acrylonitrile-Butadiene Rubber From France, the Republic of Korea, and Mexico: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
• Rules: Changes To Implement Provisions of the Trademark Modernization Act of 2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof; Notice of a Final Determination Finding a Violation of Section 337, Denying a Motion To Reopen the Record, and Issuing a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation
• Certain IP Camera Systems Including Video Doorbells and Components Thereof; Notice of a Commission Determination To Review an Initial Determination Terminating the Investigation in Its Entirety Due to the Invalidity of the Asserted Patents and on Review To Affirm; Termination of Investigation
• Alloy Magnesium From China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cased Pencils From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Variable Speed Wind Turbine Generators and Components Thereof; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337 as to One Patent and No Violation as to Another Patent; Schedule for Filing Written Submissions on Remedy, the Public Interest, and Bonding
• Certain Tissue Paper Products From China
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OTEXA: Announcements - Office of Textile & Apparel
11/15/2021 – The Office of the U.S. Trade Representative (USTR) extends exclusions of certain medical-care products needed to address the COVID-19 pandemic from additional duties imposed under the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. To provide a transition period, USTR is extending the 99 exclusions scheduled to expire on November 14, through November 30, 2021. An additional extension of 6 months (expiring on May 31, 2022) will be provided for 81 of the COVID exclusions. For more details see the notice on USTR’s China Section 301-Tariff Actions and Exclusion Process-COVID Exclusions webpage.
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Polyester Textured Yarn from Indonesia, Malaysia, Thailand and Vietnam Injures U.S. Industry - International Trade Commission
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of polyester textured yarn from Indonesia, Malaysia, Thailand, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value.
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 Indonesia, Malaysia, Thailand, and Vietnam.
The Commission’s public report Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam (Inv. Nos. 731-TA-1550-1553 (Final), USITC Publication 5246, December 2021) will contain the views of the Commission and information developed during the investigations.
The report will be available by December 28, 2021; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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TVs and Furniture on the Holiday Shopping List? Add Anti-Tip-Over Kits Too and Make Safety a Holiday Tradition - Consumer Product Safety Commission
WASHINGTON, D.C. – Holiday shopping deals are already here for big-ticket items like TVs and furniture. But each can lead to a dangerous tip-over incident causing an injury or fatality, most often (79 percent) involving children younger than six. That is why the U.S. Consumer Product Safety Commission (CPSC) is reminding holiday shoppers to add safety to the top of their shopping list.
TV and furniture tip-over incidents happen more often than many parents and caregivers realize. CPSC’s most recent annual report shows that during the period from 2017 through 2019, an average of 11,100 children were treated annually in hospital emergency rooms for tip-over-related injuries. Between 2000-2019, 469 children age 17 and under were killed by furniture and TV tip-overs.
“Check CPSC’s website to make sure your furniture is not subject to a recall,” said CPSC Chair Alex Hoehn-Saric. “In addition, to reduce a tip-over risk and protect children, parents and caregivers should install anti-tip kits that can be found online or in a hardware store for any TVs or furniture that are not yet secured. Taking these steps now will allow families to have a safer holiday season.”
Installing TV and furniture anchoring kits is easy and does not require a person to be handy. Now consumers can follow these steps on CPSC’s Anchor It! website. In addition to anchoring, CPSC recommends that adults follow these safety tips for any home where children live or visit:
• Place TVs on a sturdy, low base, and push the TV back as far as possible, particularly if anchoring is not possible.
• Avoid displaying or storing items, such as toys and remotes, in places where kids might be tempted to climb up to reach for them.
• If purchasing a new TV, consider recycling older ones not currently in use.
• Keep TV and/or cable cords out of reach of children.
• CPSC urges all furniture and TV manufacturers and retailers to make tip-over safety a prominent element of their product marketing. And when holiday shopping for children, CPSC reminds consumers to also check for toy recalls and follow age guidance and other safety information on the toy packaging.
For more information on how to anchor TVs and furniture, or about CPSC’s Anchor It! public awareness campaign, please visit www.Anchorit.gov. You can view the campaign’s safety video, “Even When You’re Watching,” here.
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CBP at the LA/Long Beach Seaport Reports Record-Breaking Year for Seizures of Counterfeit and Prohibited Merchandise - U.S. Customs & Border Protection
In Fiscal Year 2021, CBP at the LA/Long Beach Seaport seized More Than $760 Million in Counterfeit and Prohibited Products, a 652% increase
LOS ANGELES—In Fiscal Year 2021 (October 1, 2020 - September 30, 2021), amidst the COVID-19 pandemic, U.S. Customs and Border Protection (CBP) officers assigned to the Los Angeles/Long Beach Seaport identified and seized an unprecedented amount of high-value contraband, counterfeit goods and other prohibited merchandise.
The number of trade enforcement seizures increased by 24% and the overall value of these seizures increased by 652% over the previous year. CBP interdicted counterfeit products that pose a significant risk to public safety such as counterfeit pharmaceuticals and other items such as electronics, high fashion wearing apparel, footwear, jewelry, and accessories. The record-breaking seizures were appraised at a Manufacturer’s Suggested Retail Price (MSRP) of $760,615,994, a 652% increase from the year before.
In addition, CBP partnered with the Drug Enforcement Administration (DEA) to seize 37 illegally imported pill press machines and 2,305 capsule-filling machines that can be used by drug traffickers to encapsulate narcotics in clandestine labs. The seizure of these machines eliminated the ability of counterfeiters to produce illegally manufactured pharmaceuticals in excess of 1,000,000 capsules per hour.
“The numbers show that the pandemic didn’t slow down smugglers from attempting to illegally introduce their products into the United States threatening the economy and the health and safety of the American consumer,” said Carlos C. Martel CBP Director of Field Operations in Los Angeles. “These results reinforce CBP’s commitment to be America’s frontline.”
“I am extremely proud of the work that CBP officers do every day to protect American consumers and businesses. Their vigilance and dedication to the CBP mission has not wavered during these challenging times,” said Donald R. Kusser, CBP Port Director of the LA/Long Beach Seaport. “CBP officers worked tirelessly throughout the year and were highly successful at stopping transnational criminal organizations from exploiting and endangering consumers.”
Consumers can take simple steps to protect themselves and their families from counterfeit goods:
• Purchase goods directly from the trademark holder or from authorized retailers.
• When shopping online, read seller reviews and check for a working U.S. phone number and address that can be used to contact the seller.
• Review CBP’s E-Commerce Counterfeit Awareness Guide for Consumers.
• Remember that if the price of a product seems too good to be true, it probably is.
Trade in counterfeit and pirated goods threatens America’s innovative economy, the competitiveness of businesses, and, in some cases, national security and the health and safety of consumers.
To deter the importation of illicit goods and protect U.S. consumers and businesses, CBP has developed a proactive and strategic enforcement approach to Intellectual Property Right (IPR) enforcement.
For more information about the risks associated with purchasing counterfeit goods, visit CBP’s Fake Goods, Real Dangers website and read CBP’s e-Commerce Awareness Guide. Additional tips for protecting your family from counterfeit goods are available at StopFakes.gov.
Suspected IPR violations, fraud or illegal trade activity can be reported by contacting CBP through the e-Allegations Online Trade Violations Reporting System or by calling 1-800-BE-ALERT. 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.
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FMC Effort Will Examine How Data Can Improve Ocean Cargo Velocity - Federal Trade Maritime
Identifying data constraints that impede the flow of ocean cargo and add to supply chain inefficiencies will be the focus of a new Federal Maritime Commission effort to be spearheaded by Commissioner Carl W. Bentzel. This effort will be critical to pinpointing how data can contribute to the long-term reliability of the domestic cargo delivery system.
This initiative will propose recommendations for common data standards used by the international shipping supply chain, as well as access policies and protocols that would streamline information sharing across the ocean supply chain. This multi-phase effort is being launched at the direction of FMC Chairman Daniel B. Maffei with initial findings to be presented at a Maritime Data Summit in Spring 2022.
“Events of the past year have proven the need for the United States to achieve more capacity from our cargo delivery system. Information sharing and additional transparency in how containers move is one way we can move more containers more efficiently. I appreciate Commissioner Bentzel’s willingness to take on this project and I am confident his work will lead to beneficial and implementable recommendations,” said Chairman Maffei.
Over the course of the project Commissioner Bentzel will conduct research, interviews, round tables, and hold public meetings to inform the “status quo” in maritime data. He will explore what common ocean shipping data is created with each hand-off of a container through the supply chain, how that data is stored and shared, and identify what are the critical data elements used by each supply chain party. Ocean carriers, marine terminal operators, truckers, railroads, and other government agencies are among those who will be invited to provide insight about data definitions, classification, and recommendations for improving interoperability of data records involving container shipping. Input from the Commission’s National Shipper Advisory Committee may also be solicited as part of the project. Initial deliverables will include a data inventory and recommendations for common standards.
The first public meeting Commissioner Bentzel will hold is scheduled to take place next month in Washington, D.C. While the agenda for the meeting is still being set, planned speakers will include representatives from the Biden Administration, data experts, standards setting specialists, and representatives from FMC’s National Shippers Advisory Committee.
“I have already met with many port industry leaders and stakeholders around our coastlines, and the topic of reliable, actionable operational shipping information to help more efficiently move cargo was one of the foremost topics of concern. When you go through a U.S. airport you know how and where to park your car, you know that you will be transported to the airport terminal, when you get to the terminal you will be provided information on your gate and information about when your plane will depart and land, adequate personnel are available to handle luggage and run it through security throughout this process, and it is repeated at landing. The maritime industry does not have a similar system in place. Given the immense national economic impact and our Nation’s reliance on ocean shipping, sustained surges in cargo volumes and other operational impacts caused by COVID-19, it is clear to me that we need to develop a stronger system of information for the shipping public. The FMC will work with the industry to develop greater systems of transparency for services surrounding the international intermodal transportation of goods. Our port gateway corridors are limited by physical constraints and the best options for efficiencies lie with the greater utilization of information technologies and coordination between the different modes in the supply chain,” said Commissioner Bentzel.
The project is the latest effort by the Federal Maritime Commission to address supply chain efficiency and congestion issues. Other initiatives include Fact Finding 29, the Vessel-Operating Common Carrier (VOCC) Audit Program, investigating certain ocean carrier fees and surcharges, issuing a Notice of Inquiry into the use of merchant clauses in VOCCs’ bills of lading to require payment from entities that are not in contractual privity with the VOCC