GDLSK Successfully by USITC that Domestic Freight Rail Coupler Industry is not Materially Injured or Threatened with Material Injury by Reason of Chinese Imports - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The United States International Trade Commission (“USITC”), by a vote of 5 – 0, has determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of freight rail coupler (“FRC”) systems and components from China that the U.S. Department of Commerce (“Commerce”) determined were subsidized and sold in the United States at less than fair value. As a result of the Commission’s negative determinations, Commerce will not issue antidumping duty (“ADD”) and countervailing duty (“CVD”) orders on imports of these products from China.
GDLSK Trade Group attorneys Ned H. Marshak, Andrew T. Schutz and Michael H. Holton were the lead counsel for Respondents in this case, representing the largest importer of FRCs from China. This is the GDLSK Trade Group’s fourth no-injury win before the USITC since 2018.
This decision is noteworthy for several reasons. First, the combined ADD/CVD rate was a prohibitive 383.69 percent, due to the decision by Chinese vendors not to participate in Commerce’s investigation. Second, Chinese vendors also decided not to actively participate in the USITC investigation, leaving their U.S. customers to attempt to convince the USITC to reach a negative determination. Third, U.S. demand for freight couplers declined over the investigation period, and other traditional indicia of injury supported an affirmative determination.
Notwithstanding these obstacles, GDLSK argued successfully that Chinese imports did not contribute to any material injury experienced by the domestic industry and did not threaten the industry in the future. GDLSK is proud of its record before the USITC. Since January 2018, the USITC has issued 14 negative determinations in ADD/CVD material injury cases, and GDLSK, has been counsel in four of these decisions. The Firm’s victories in Freight Rail Coupler Systems and Components from China, Fabricated Structural Steel from Canada, China, and Mexico, Polytetrafluoroethylene (PTFE) Resin from China and India and Tapered Roller Bearings from Korea have allowed our clients – who were facing prohibitive ADD/CVD rates – to continue to participate in the U.S. market.
Freight Rail Coupler Systems and Components from China Do Not Injure U.S. Industry, says USITC - U.S. International Trade Commission
The United States International Trade Commission (USITC) today (6/14/22) determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of freight rail coupler systems and components from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and 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 negative.
As a result of the Commission’s negative determinations, Commerce will not issue antidumping duty and countervailing duty orders on imports of these products from China.
The Commission’s public report Freight Rail Coupler Systems and Components from China (Inv. Nos. 701-TA-670 and 731-TA-1570 (Final), USITC Publication 5331, July 2022) will contain the views of the Commission and information developed during the investigations.
The report will be available by July 21, 2022; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
**Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Welded Line Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020
• Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electrical Connectors and Cages, Components Thereof, and Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination; Request for Written Submissions on Certain Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020-2021
• Sodium Nitrite From the Russian Federation: Final Affirmative Countervailing Duty Determination
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
• Determination of Sales at Less-Than-Fair Value: Sodium Nitrite From the Russian Federation: Preliminary Affirmative Determination of Sales at Less Than Fair Value
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Polyester Staple Fiber From South Korea and Taiwan; Scheduling of Expedited Five-Year Reviews
• Large Residential Washers from China; Scheduling of Expedited Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Truck and Bus Tires From the People's Republic of China: Final Results of the Countervailing Duty Administrative Review; 2020
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 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
• Multilayered Wood Flooring From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Dioctyl Terephthalate From South Korea; Institution of a Five-Year Review
• Furfuryl Alcohol From China; Institution of a Five-Year Review
• Sulfanilic Acid from China and India; Termination of Five-Year Review
• Light-Walled Rectangular Pipe and Tube from Taiwan; Institution of a Five-Year Review
FTC Sues Walmart for Facilitating Money Transfer Fraud That Fleeced Customers Out of Hundreds of Millions - Federal Trade Commission
Lawsuit Alleges Walmart Turned a Blind Eye to Fraud, Seeks Cash Back for Consumers
The Federal Trade Commission today sued Walmart for allowing its money transfer services to be used by fraudsters, who fleeced consumers out of hundreds of millions of dollars. In its lawsuit, the FTC alleges that for years, the company turned a blind eye while scammers took advantage of its failure to properly secure the money transfer services offered at Walmart stores. The company did not properly train its employees, failed to warn customers, and used procedures that allowed fraudsters to cash out at its stores, according to the FTC’s complaint. The FTC is asking the court to order Walmart to return money to consumers and to impose civil penalties for Walmart’s violations.
“While scammers used its money transfer services to make off with cash, Walmart looked the other way and pocketed millions in fees,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “Consumers have lost hundreds of millions, and the Commission is holding Walmart accountable for letting fraudsters fleece its customers.”
In addition to its retail business, Walmart offers financial services to consumers in its stores, including money transfers, credit cards, reloadable debit cards, check cashing, bill payments and more. Walmart acts as an agent for multiple money transfer services, including MoneyGram, Ria and Western Union, offering some services under its own brand, like “Walmart2Walmart” and “Walmart2World.” According to the complaint, tens of millions of money transfers are sent or received at Walmart stores each year, where they are processed by Walmart employees.
Money transfers are services that people use to send money to a recipient in another location. They are frequently used by fraudsters across a wide variety of scams because they are nearly impossible to retrieve after the money has been picked up. The FTC has brought multiple cases against money transfer services in recent years, including against MoneyGram and Western Union, alleging they failed to protect consumers who used their services.
Walmart’s practice of turning a blind eye to fraud had grave consequences for consumers, according to the complaint. The complaint cites numerous instances in which law enforcement investigations found that scammers relied on Walmart money transfers as a primary way to receive payments, including in telemarketing schemes like IRS impersonation schemes, relative-in-need “grandparent” scams, sweepstakes scams, and others. Based on information from fraud databases maintained by MoneyGram, Western Union, and Ria, from 2013 to 2018 more than $197 million in payments that were the subject of fraud complaints were sent or received at Walmart, with more than $1.3 billion in related payments also possibly connected to the fraud.
The FTC’s investigation of Walmart’s money transfer practices showed, according to the complaint, that Walmart knew about the role money transfer services play in scams and frauds. Despite that, the company’s money transfer services harmed consumers in numerous ways, including: Read further
CBP Officers in Minneapolis Intercept Counterfeit Car Sensors - U.S. Customs & Border Protection
MINNEAPOLIS — Stopping the dangerous enterprise involving the importation and sale of counterfeit items is one of U.S. Customs and Border Protection’s (CBP) number one priorities. Officers around the nation have seized counterfeit handbags, jewelry, and apparel among other merchandise, however, CBP officers in Minneapolis recently stopped two shipments that contained 300 counterfeit General Motors (GM) Brand Tire-Pressure Monitoring System (TPMS).
On May 30, CBP officers inspected a shipment arriving from Hong Kong to determine the admissibility of the shipment and its contents. Based on intelligence gathering and experience, officers suspected the sensors were counterfeit. Because of CBP’s partnership with industry experts, officers reached out to GM’s Global Brand Protection Investigator-Global Security to determine if these items were indeed counterfeit. Within 24 hours GM confirmed that these were indeed counterfeit. These items were officially seized on Monday June 13. The 300 sensors were heading to a residence in Brooklyn Park, and the total Manufacturer’s Suggested Retail Price would have been $28,500, had they been genuine.
“Our officers are not only protecting the integrity of the American economy through trademark enforcement, but they are also securing manufacturing supply chains by preventing potentially dangerous products from being installed on your car,” said LaFonda D. Sutton-Burke, Director, Field Operations-Chicago Field Office. “This underscores how counterfeiters completely disregard human lives and their safety while padding their bank accounts.”
TPMS monitors the air pressure inside vehicle tires. The goal of TPMS is to avoid traffic accidents, eliminate poor fuel economy, and decreases tire wear due to under-inflated tires.
“CBP is focused on identifying and intercepting these types of unsafe products from entering the U.S. The enforcement of trade laws at U.S. ports of entry remains a high priority for us,” said Augustine Moore, Port Director-Minneapolis. “Our officers are committed to detecting, intercepting, and seizing prohibited goods, which protects consumers and our economy.”
When rights holders record their federally registered trademarks and copyrights with CBP, the agency can enforce those rights to protect them at the border and ports of entry. As of September 30, 2021, CBP enforced approximately 20,758 active recorded copyrights and trademarks. In FY2021, CBP seized over 27,000 shipments with Intellectual Property Right (IPR) violations. If the seized products were genuine, the total MSRP of the items would have been valued at over $3.3 billion. This represents a 152% increase compared to FY2020, when goods valued at $1.31 billion MSRP were seized for IPR violations. A return to pre-pandemic trading levels and an overall increase in the number of CBP seizures of counterfeit products account for the significant rise in MSRP.
CBP conducts operations at ports of entry throughout the United States, and regularly screens arriving international passengers and cargo for narcotics, weapons, and other restricted or prohibited products. CBP strives to serve as the premier law enforcement agency enhancing the Nation’s safety, security, and prosperity through collaboration, innovation, and integration.
CPSC’s New Federal Infant Sleep Products Safety Standard Takes Effect - Consumer Product Safety Commission
Rule Aims to Save Lives and Will Mean a Safer Marketplace for Parents and Babies
WASHINGTON, D.C. – A new federal rule to ensure that products marketed or intended for infant sleep provide a safe sleep environment for babies up to 5 months old takes effect today. The new Safety Standard for Infant Sleep Products, makes it unlawful to sell non-compliant infant sleep products, and applies to products manufactured on or after June 23rd.
The new rule applies to inclined sleepers because infant sleep products must have a sleep surface angle of 10 degrees or lower. It also applies to any flat sleeping products that do not comply with the mandatory Safety Standard for Bassinets and Cradles.
“As a parent, I know there is nothing more important than the safety of our children. I am pleased to announce this new safety standard will protect our most vulnerable population, babies,” said CPSC Chair Alex Hoehn-Saric. “The new rule will support parents in making the safest possible choice for a product intended for babies’ sleep.”
The new rule will effectively eliminate potentially hazardous sleep products in the marketplace, such as inclined sleepers, travel and compact bassinets, and in-bed sleepers that do not currently meet a CPSC mandatory safety standard for infant sleep.
Items that are not intended or marketed for infant sleep are not subject to the rule. CPSC reminds consumers that the safest place for a baby to sleep is a flat, bare surface dedicated to the infant. Today’s rule ensures that products marketed for sleep meet these basic safety requirements.
CPSC plans a comprehensive outreach effort to manufacturers, importers and sellers to enforce the new rule, including educating them about the requirements, and making sure they are aware of their compliance obligations. The effort will include direct communications, online resourcesand other activities.
The infant sleep products rule requires that any product marketed or intended for sleep must meet one or more of the federal safety standards for cribs (full-size and non-full-size), bassinets and cradles, play yards, or bedside sleepers, and if the product does not already meet one of these regulations, then it must meet the safety standard for bassinets and cradles.
Consider these Five Tips before Traveling Internationally during Atlantic Hurricane Season - U.S. Department of State
It is that time of year again: Atlantic hurricane season officially starts June 1 and ends November 30. If you reside in or must travel to a hurricane-prone area, prepare ahead of time for the possibility of storms:
New CPSC Report Shows Significant Upward Trend in Fireworks-Related Injuries Over the Past 15 Years - Consumer Product Safety Commission
New Data Released on Fireworks-Related Injuries and Deaths
WASHINGTON, D.C. – It’s that time of year when Americans everywhere will be celebrating the Fourth of July holiday with family, friends, and fireworks. Unfortunately, over the past 15 years, there has been an increase in the number of people injured during this festive time.
A new report by the U.S. Consumer Product Safety Commission (CPSC) finds a significant upward trend in fireworks-related injuries. Between 2006 and 2021, injuries with fireworks climbed 25% in the U.S., according to CPSC estimates.
Last year, at least nine people died, and an estimated 11,500 were injured in incidents involving fireworks.
“It’s imperative that consumers know the risks involved in using fireworks, so injuries and tragedies can be prevented. The safest way to enjoy fireworks is to watch the professional displays,” said CPSC Chair Alex Hoehn-Saric. In addition, he said, “CPSC’s Office of Compliance and Field Operations continues to work closely with other federal agencies to prevent the sale of illegal consumer fireworks.”
CPSC’s report shows