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Petition for the Imposition of Antidumping Duties and Countervailing Duties on Certain Steel Nails from India, Oman, Sri Lanka, Thailand and Turkey - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action:
Antidumping Duty (“AD”): India, Sri Lanka, Thailand and Turkey
Countervailing Duty (“CVD”); India, Sri Lanka, Thailand, Oman and Turkey
II. Product: The merchandise covered by this investigation is certain steel nails having a nominal shaft or shank length not exceeding 12 inches. Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel or long-rolled flat steel bars. Certain steel nails may be of one piece construction or constructed of two or more pieces. Examples of nails constructed of two or more pieces include, but are not limited to, masonry anchors comprised of an anchor made of zinc or nylon and a steel nail; zinc anchors; crimp drive anchors; split-drive anchors, and strike pin anchors. Also included in the scope are anchors of one piece construction.
Certain steel nails may be produced from any type of steel, and may have any type of surface finish, head type, shank, point type, and shaft diameter. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, including but not limited to electroplating or hot dipping one or more times), phosphate, cement, and paint. Certain steel nails may have one or more surface finishes. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank or shaft styles include, but are not limited to, smooth, barbed, screw threaded, ring shank, and fluted.
Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the nail using a tool that engages with the head. Point styles include, but are not limited to, diamond, needle, chisel, and blunt or no point. Certain steel nails may be sold in bulk, or they may be collated in any manner using any material.
Excluded from the scope are certain steel nails packaged in combination with one or more non-subject articles, if the total number of nails of all types, in aggregate regardless of size, is less than 25. If packaged in combination with one or more non-subject articles, certain steel nails remain subject merchandise if the total number of nails of all types, in aggregate regardless of size, is equal to or greater than 25, unless otherwise excluded based on the other exclusions below.
Also excluded from the scope are certain steel nails with a nominal shaft or shank length of one inch or less that are (a) a component of an unassembled article, (b) the total number of nails is sixty (60) or less, and (c) the imported unassembled article falls into one of the following eight groupings: (1) Builders’ joinery and carpentry of wood that are classifiable as windows, French windows and their frames; (2) builders’ joinery and carpentry of wood that are classifiable as doors and their frames and thresholds; (3) swivel seats with variable height adjustment; (4) seats that are convertible into beds (with the exception of those classifiable as garden seats or camping equipment); (5) seats of cane, osier, bamboo or similar materials; (6) other seats with wooden frames (with the exception of seats of a kind used for aircraft or motor vehicles); (7) furniture (other than seats) of wood (with the exception of (i) medical, surgical, dental or veterinary furniture; and (ii) barbers’ chairs and similar chairs, having rotating as well as both reclining and elevating movements); or (8) furniture (other than seats) of materials other than wood, metal, or plastics (e.g., furniture of cane, osier, bamboo or similar materials). The aforementioned imported unassembled articles are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 9403.89.
Also excluded from the scope of this investigation are nails suitable for use in powder-actuated hand tools, whether or not threaded, which are currently classified under HTSUS subheadings 7317.00.20.00 and 7317.00.30.00.
Also excluded from the scope of this investigation are nails having a case hardness greater than or equal to 50 on the Rockwell Hardness C scale (HRC), a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduced-diameter raised head section, a centered shank, and a smooth symmetrical point, suitable for use in gas-actuated hand tools.
Also excluded from the scope of this investigation are corrugated nails. A corrugated nail is made up of a small strip of corrugated steel with sharp points on one side.
Also excluded from the scope of this investigation are thumb tacks, which are currently classified under HTSUS subheading 7317.00.10.00.
Also excluded from the scope are decorative or upholstery tacks.
III. HTS classifications: 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08,7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00. Certain steel nails subject to this investigation also may be classified under other HTSUS subheadings.
IV. Date of Filing: December 30, 2021.
V. Petitioners: Mid Continent Steel & Wire 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:
India: 65.70%-98.00%
Turkey: 31.78%-35.98%
Thailand: 63.86%-65.28%
Sri Lanka: 33.46%-98.76%
Alleged Countervailing Duty Rates: n/a
IX. Comments:
A. Projected date of ITC Preliminary Conference: January 20, 2022.
B. The earliest theoretical date for retroactive suspension of liquidation for AD is March 10, 2022 and for CVD is January 19, 2022.
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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OTEXA: Announcements - Office of Textile & Apparel
[01/05/2022] – Webinar on Complying with Made in USA Labeling Standards- January 19/ 2 pm EST: Register Here.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Certain Cold-Rolled Steel Flat Products of Brazil: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
• Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2019
• Investigations; Determinations, Modifications, and Rulings, etc.: Notice of Institution of Formal Enforcement Proceeding; Certain High-Density Fiber Optic Equipment and Components Thereof
• Large Residential Washers From China; Institution of a Five-Year Review
• Scheduling of Expedited Five-Year Review; Hydrofluorocarbon Blends From China
• Polyester Staple Fiber From Korea and Taiwan; Institution of Five-Year Reviews
• Wooden Bedroom Furniture From China; Institution of a Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 2016 Agreement Suspending the Antidumping Duty Investigation on Lemon Juice From Argentina; Final Results of the Expedited Second Sunset Review of the Suspension Agreement
• Steel Propane Cylinders From the People's Republic of China: Notice of Final Results of Antidumping Duty Changed Circumstances Review
• 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
• Welded Line Pipe From the Republic of Turkey: Partial Rescission and Preliminary Intent to Rescind the Antidumping Duty Administrative Review; 2019-2020
• Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary and Final Results of Countervailing Duty Administrative Review; 2018-2019; Correction
• Investigations; Determinations, Modifications, and Rulings, etc.: Notice of Request for Submissions on the Public Interest; Certain Apparatus and Methods of Opening Containers
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Refillable Stainless Steel Kegs From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
• Xanthan Gum From the People's Republic of China: Amended Final Results of the Antidumping Duty Administrative Review; 2017-2018
• Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Residential Premises Security Monitoring and Automation Control Panels, and Components Thereof; Correction Notice of Institution of Investigation
• Emulsion Styrene-Butadiene Rubber From Czechia, Italy, and Russia
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Finished Carbon Steel Flanges From Spain: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Intent To Rescind, in Part; 2019
• Certain Hot-Rolled Steel Flat Products of Brazil: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
• Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Welded Line Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
• Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
• Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico; Preliminary Results of the 2019-2020 Administrative Review
• Certain Aluminum Foil From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
• Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico; Preliminary Results of the 2020 Administrative Review
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Steel Concrete Reinforcing Bar From the Republic of Turkey: Notice of Court Decision Not in Harmony With the Amended Final Determination in the Less-Than-Fair-Value Investigation; Notice of Amended Final Determination
• Steel Nails From India, Oman, Sri Lanka, Thailand, and Turkey; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
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CSMS #50574517 - Termination of Ethiopia, Guinea, and Mali from the African Growth Opportunity Act (AGOA) Program - U.S. Customs & Border Protection
In accordance with Presidential Proclamation, dated December 23, 2021, the following sub-Saharan African countries are terminated from receiving preferential benefits under the AGOA Program, for goods entered or withdrawn from a warehouse on or after January 1, 2022. The terminated countries are Ethiopia, Guinea, and Mali. A copy of the Presidential Proclamation can be found at the following link: A Proclamation to Modify the Harmonized Tariff Schedule of the United States and for Other Purposes | The White House.
U.S. Customs and Border Protection (CBP) recognizes that the disruption in the supply chain may have ongoing impacts on the date of arrival, date of entry and corresponding date of duty calculation, however, CBP is not able to extend the AGOA termination timeframe denoted above.
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More than 1,300 Fake Championship Rings Worth $982K Seized in Cincinnati - U.S. Customs & Border Protection
CINCINNATI — During the holiday season, championship rings can be a fan favorite. Unfortunately, third party retailers are selling these counterfeit rings for top dollar conning the consumer out of a lot of cash. Most championship rings are made of cheap materials, are poor quality, and contain flaws. During the past three months U.S. Customs and Border Protection (CBP) officers in Cincinnati have seized numerous shipments of counterfeit championship rings, with many containing matching championship trophies.
During the months of October through December, officers intercepted 56 shipments of counterfeit championship rings. A total of 1,382 rings and trophies were seized. Officers suspected these rings to be counterfeit based on their origin and appearance. The cheaply made rings, which lack detail and quality, included Boston Red Sox World Series, LA Dodgers, Milwaukee Bucks, University of Kentucky Championship, and NASCAR Championship rings to name a few. Many of these shipments contained trophies such as the Vince Lombardi trophy to go along with the ring sets.
“Part of CBP’s mission is to protect American consumers from purchasing these counterfeit products,” said LaFonda D. Sutton-Burke, Director Field Operations-Chicago. “This seizure illustrates our commitment to stopping counterfeit products from China and protecting our nation’s economy and consumers from those intent on defrauding businesses and consumers alike.”
The shipments originated from China and were destined to residences throughout the United States. Manufacturer’s Suggested Retail Price would have been $982,263 had all shipments been genuine. All the rings and trophies were determined to be counterfeit by CBP’s Centers for Excellence and Expertise (CEEs), the agency’s trade experts.
Consumers can take these 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.
“Purchasing counterfeit sports memorabilia defunds our sports organizations,” said Cincinnati Port Director Richard Gillespie, “the money profited from selling fake merchandise such as championship rings, is used to damage the United States economy and fund criminal enterprises. I am proud of the officers in Cincinnati, they work hard to protect our domestic businesses and stop illegal shipments.”
Intellectual Property Rights (IPR) enforcement is a Priority Trade Issue. Importation of counterfeit merchandise can cause significant revenue loss, damage the U.S. economy, and threaten the health and safety of American people. In partnership with Immigration and Customs Enforcement, CBP seized 26,503 shipments with IPR violations in fiscal year 2020. If the seized products were genuine, the total manufacturer’s suggested retail price of the items would have been valued at over $1.3 billion.
Over the past five years, e-commerce has grown exponentially as consumers are increasingly completing purchases online. These purchases are typically shipped through international mail and express courier services.
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.
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Paws Off Xylitol; It's Dangerous for Dogs - Food & Drug Administration
Your six-month-old puppy, Hoover, will eat anything that isn’t tied down. Like many dog owners, you know chocolate can be dangerous to your pooch. But you may not know that if Hoover sticks his nose in your handbag and eats a pack of sugarless chewing gum, the consequences could be deadly.
Sugarless gum may contain xylitol, a class of sweetener known as sugar alcohol. Xylitol is present in many products and foods for human use, but can have devastating effects on your pet.
If you think your dog may have eaten a product containing xylitol, call your vet, emergency clinic, or animal poison control center right away.
Over the past several years, the Center for Veterinary Medicine at the U.S. Food and Drug Administration (FDA) has received several reports—many of which pertained to chewing gum—of dogs being poisoned by xylitol, according to Martine Hartogensis, a veterinarian at the FDA. The most recent report was related to "skinny" (sugar-free) ice cream.
And you may have heard or read news stories about dogs that have died or become very ill after eating products containing xylitol , which also may be known as birch sugar or wood sugar.
Other Foods Containing Xylitol
Gum isn’t the only product containing xylitol. Slightly lower in calories than sugar, this sugar substitute is also often used to sweeten sugar-free candy, such as mints and chocolate bars, as well as sugar-free chewing gum. Other products that may contain xylitol include:
• breath mints
• baked goods
• cough syrup
• children’s and adult chewable vitamins
• mouthwash
• toothpaste
• some peanut and nut butters
• over-the-counter medicines
• dietary supplements
• sugar-free desserts, including "skinny" ice cream
Xylitol can be used in baked goods, too, such as cakes, muffins, and pies — often because the baker is substituting another sweetener for sugar, as in products for people with diabetes. People can buy xylitol in bulk to bake sweet treats at home. In-store bakeries also are selling baked goods containing the sweetener. Some pediatric dentists also recommend xylitol-containing chewing gum for children, and these products could end up in a dog’s mouth by accident. It’s a good idea to keep all such products well out of your dog’s reach.
Why is Xylitol Dangerous to Dogs, but Not People?
In both people and dogs, the level of blood sugar is controlled by the release of insulin from the pancreas. In people, xylitol does not stimulate the release of insulin from the pancreas. However, it’s different in canines: When dogs eat something containing xylitol, the xylitol is more quickly absorbed into the bloodstream, and may result in a potent release of insulin from the pancreas.
This rapid release of insulin may result in a rapid and profound decrease in the level of blood sugar (hypoglycemia), an effect that can occur within 10 to 60 minutes of eating the xylitol. Untreated, this hypoglycemia can quickly be life-threatening, Hartogensis says.
A note to cat and ferret owners: Xylitol does not seem to be as dangerous for cats and other pets. Cats appear to be spared, at least in part, by their disdain for sweets. Ferret owners, however, should be careful, as ferrets have been known to develop low blood sugar and seizures, like dogs, after eating products containing xylitol.
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