International Trade Commission Initiates Investigation of the Economic Impact of Section 232 and 301 Tariff - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The United States International Trade Commission (“ITC”) has announced the commencement of its retrospective investigation on the economic impact on the U.S. industries most affected by the Section 232 and 301 tariffs that were active as of March 15, 2022. NOTE: This investigation is in addition to a separate from the United States Trade Representative’s (“USTR”) review with regard to the continuation of the 301 tariffs which was commenced on May 7, 2022. See our notice on the USTR review HERE. Under legislation passed in March 2022, the ITC was directed separately to investigate the economic impact of these trade actions and provide a report to Congress by March 23, 2023. The notice sets the following deadlines for participation:
• July 6, 2022: Filing of requests to appear at the public hearing.
• July 8, 2022: Filing of prehearing briefs and statements.
• July 14, 2022: Filing electronic copies of oral hearing statements.
• July 21, 2022: Public hearing.
• August 12, 2022: Filing of post-hearing briefs and statements.
• August 24, 2022: Filing all other written submissions.
• March 15, 2023: Transmittal of Commission report to House and Senate Committees on Appropriations
The 232 Steel and Aluminum duties, which are currently 25% and 10% respectively, were first imposed on June 1, 2018. The China 301 duties, which range from 7.5% to 25%, were first imposed on July 6, 2018. The investigation will examine the economic effect of these duties through March 15, 2022.
If you are interested in participating, or have any questions in connection with this matter, please do not hesitate to contact David M. Murphy or any GDLSK attorney.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Organic Soybean Meal From India: Countervailing Duty Order
• Organic Soybean Meal From India: Antidumping Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review in Part; 2019
• Investigations; Determinations, Modifications, and Rulings, etc.: Seamless Refined Copper Pipe and Tube From China and Mexico
• Walk-Behind Snow Throwers From China
• Emulsion Styrene-Butadiene Rubber (ESBR) From Italy; Termination of Investigation
• Stainless Steel Plate From Belgium, South Africa, and Taiwan; Scheduling of Expedited Five-Year Reviews
• Ammonium Sulfate From China; Notice of Commission Determination To Conduct Full Five-Year Reviews
• Certain Batteries and Products Containing Same; Commission Decision To Review in Part an Initial Determination Granting in Part Complainants' Motion for Summary Determination of a Violation of Section 337; Request for Written Submissions
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Cloud-Connected Wood-Pellet Grills and Components Thereof; Notice of a Commission Determination To Issue a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation
• Iron Construction Castings From Brazil, Canada, and China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Walk-Behind Snow Throwers and Parts Thereof From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders
• Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Correction to the Initiation Notice of the 2020-2021 Antidumping Duty Administrative Review
• Determinations in the Less-Than-Fair-Value Investigations: Certain Lemon Juice From Brazil and the Republic of South Africa: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Freight Rail Coupler Systems and Certain Components Thereof From the People's Republic of China: Final Affirmative Countervailing Duty Determination
• Determination in the Less-Than-Fair-Value Investigation: Barium Chloride From India: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation
• Determinations in the Less-Than-Fair-Value Investigations: Certain Steel Nails From India, Sri Lanka, Thailand, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations
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CBP Intercepts Ton of Marijuana at Detroit Cargo Facility - U.S. Customs & Border Protection
DETROIT — Customs and Border Protection’s (CBP) Office of Field Operations intercepted more than a ton of marijuana at the Fort Street Cargo Facility, May 11.
An x-ray scan of an inbound tractor trailer and subsequent physical inspection conducted by officers and a K-9 team revealed 2,175 pounds of marijuana concealed within boxes manifested as foam pool toys.
The illicit cargo was seized along with the trailer.
“This seizure underscores CBP’s long standing commitment to the border security mission,” said Port Director Devin Chamberlain. “The men and women of CBP continue to work diligently to keep our Nation and our communities safe.”
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Counterfeit Designer Clothes Worth Over $2 Million Seized - U.S. Customs & Border Protection
NORFOLK, VA — U.S. Customs and Border Protection (CBP) officers at Port of Norfolk seized designer dresses and shawls estimated to be worth more than $2 million dollars, due to trademark violations.
In April, a shipment of clothing destined for Ohio was detained after a thorough examination determined the contents to be counterfeit dresses, shawls, and women's slips. A total of 1,120 garments were seized by CBP, as they violated Intellectual Property Rights (IPR) of the Louis Vuitton, Gucci, and Apple trademark. CBP Trade specialist at the Consumer Products Mass Merchandising Center determined that the counterfeit clothing if real had a Manufacturers Suggested Retail Price (MSRP) value of $2,372,490.00
"CBP is charged with enforcing trade laws, and we continue to devote substantial resources to target, intercept, detain, seize and forfeit shipments of goods that violate these laws," said Mark J Laria, CBP Area Port Director, Norfolk, VA.
IPR violations pertain to products that infringe upon U.S. trademarks, copyrights, and patents. Other violations can include misclassification of merchandise, false country-of-origin markings, health and safety issues, and valuation issues. These violations can threaten the health and safety of American consumers, the economy and national security.
CBP data indicates that handbags, wallets, apparel, footwear, watches, jewelry, and consumer electronics are at higher risk of being counterfeited. Counterfeit versions of popular brands are regularly sold in online marketplaces and flea markets.
The quality of merchandise that officers interdict in Cincinnati are inferior to the original quality sold by legitimate manufacturers. Purchasing low quality goods from online third-party sellers is dangerous and puts buyers at risk of safety hazards. CBP suggests paying close attention to the quality of the items purchased and look for misprints, cheap packaging, low quality materials used, and lower than average pricing. These are all signs that the items being purchased could be fake.
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 an 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.
Play it safe and buy mom the real deal for her special day!
To report suspected counterfeits, visit CBP’s online e-Allegations portal or call 1-800-BE-ALERT. More information about counterfeit goods is available on CBP’s Fake Goods, Real Dangers website and StopFakes.gov.
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CBP Moth Interception First Encounter of Species Since 1912 - U.S. Customs & Border Protection
ROMULUS, Mich. – A recent moth interception by U.S. Customs and Border Protection (CBP) agriculture specialists at Detroit Metropolitan Airport (DTW) is now considered to be the first encounter of the species since 1912.
The initial encounter was incidental to a September 2021 inspection of an arriving passenger flight from the Philippines. Agriculture specialists discovered seeds in the personal baggage of a passenger who claimed the pods were for medicinal tea. Upon closer inspection, apparent insect exit holes were discovered in the seed pods that were ultimately intercepted by CBP.
Moth larvae and pupae were collected for further analysis, and while in quarantine, several of the pupae hatched to reveal “very flashy” moths with raised patches of black setae (bristles). Physical characteristics indicated the moths to be members of family Pyralidae, however genius or species were not able to be determined by agriculture specialist and specimens were submitted to U.S. Department of Agriculture (USDA) for further identification.
A USDA Smithsonian Institution etymologist later confirmed with CBP this was a first encounter of this species of moth since it was first described in 1912. This was also the first time that a larvae or pupae associated with this species has been collected.
Agriculture specialists play a vital role at our nation’s ports of entry by preventing the introduction of harmful exotic plant pests and foreign animal diseases into the United States,” said Port Director Robert Larkin. “This discovery is a testament to their important mission of identifying foreign pests and protecting America’s natural resources.”
Each year, CBP agriculture specialists intercept tens of thousands of “actionable pests” – those identified through scientific risk assessment and study as being dangerous to the health and safety of U.S. agricultural resources. All travelers entering the United States are required to declare meats, fruits, vegetables, plants, seeds, soil, animals, as well as plant and animal products (including soup or soup products) they may be carrying. The declaration must cover all items carried in checked baggage, carry-on luggage, or in a vehicle.
Upon examination of plants, animal products, and associated items, CBP agriculture specialists at the ports of will determine if these items meet the entry requirements of the United States. Failure to declare agricultural items can result in penalties to travelers who fail to do so. CBP.gov to learn more about the import role CBP agriculture specialists play in Protecting Agriculture.
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OTEXA: Announcements - Office of Textile & Apparel
[05/12/2022] – The Office of the U.S. Trade Representative (USTR) released its 2022 Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. USTR reviewed more than one hundred trading partners for this year’s Special 301 Report and placed twenty-seven of them on the Priority Watch List or Watch List.
[05/12/2022] - The Office of the U.S. Trade Representative (USTR) has begun the statutory four-year review of the two actions taken under the Section 301 Investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. USTR is notifying domestic industry representatives, which benefit from the Section 301 actions, of the possible termination of additional tariffs applied on certain imports from China and of the opportunity for these representatives to request continuation. Requests for continuation must be received by July 5, 2022, for the July 6, 2018 action and by August 22, 2022, for the August 23, 2018 action. An opportunity for public comment from all interested parties will be announced as part of the review process. See Federal Register notice 87 FR 26797 for more information.
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Federal Trade Commission Seeks Comments on Updates to Labeling Rule Geared Toward Reducing Energy Costs for Consumers - Federal Trade Commission
Comparing Energy Use Costs Can Help Consumers Save Money on Their Utility Bills
Today, the Federal Trade Commission announced it is seeking public comments on proposed updates to the Energy Labeling Rule which will allow consumers to more accurately compare the estimated annual energy consumption appliances before they buy them.
The FTC’s Energy Labeling Rule, issued in 1979 under the Energy Policy and Conservation Act, requires that manufacturers attach labels to major home appliances and other consumer products that help consumers compare the energy usage and costs of competing models. The rule also prohibits retailers from removing or altering these labels.
It also requires Lighting Facts labels or other disclosures for many household appliances. These labels help consumers anticipate their energy costs and avoid costly surprises after a product has already been purchased.
The rule requires the Commission to revise the comparability ranges and associated energy costs every five years for certain EnergyGuide labels. The FTC’s notice of proposed rulemaking seeks comments on scheduled updates to the comparability ranges that were last revised in 2017. These updates focus on three disclosures for most covered products: 1) estimated annual operating cost, 2) a “comparability range” showing the highest and lowest energy consumption or efficiencies for all similar models, and 3) the product’s energy consumption or energy efficiency rating. Details on the specific EnergyGuide label changes can be found in the Federal Register notice.
The Commission vote approving publication of the notice in the Federal Register was 3-1, with Commissioner Christine S. Wilson voting no and issuing a separate dissenting statement.
Once it has been published in the Federal Register, consumers can submit comments electronically. Consumers also may submit comments in writing by following the instructions in the “Supplementary Information” section of the notice.