Proposed Modification of Two Ruling Letters and Proposed Revocation of Treatment Relating to the Tariff Classification of Musical Candle Holders Packaged with Wax Birthday Candles - U.S. Customs Bulletin Weekly
AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.
ACTION: Notice of proposed modification of two ruling letters, and proposed revocation of treatment relating to the tariff classification of musical candle holders packaged with wax birthday candles.
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. § 1625(c)), as amended by section 623 of title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), this notice advises interested parties that U.S. Customs and Border Protection (CBP) intends to modify two ruling letters concerning tariff classification of musical candle holders packaged with wax birthday candles. under the Harmonized Tariff Schedule of the United States (HTSUS).Similarly, CBP intends to revoke any treatment previously accorded by CBP to substantially identical transactions. Comments on the correctness of the proposed actions are invited.
DATES: Comments must be received on or before September 16, 2022
SUPPLEMENTAL INFORMATION:
________________________________________________________________________________
Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Nails From India: Final Affirmative Countervailing Duty Determination
• Certain Steel Nails From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination
• Certain Steel Nails From Sri Lanka: Final Affirmative Countervailing Duty Determination
• Certain Steel Nails From the Republic of Turkey: Final Affirmative Countervailing Duty Determination
• Sodium Nitrite From the Russian Federation: Countervailing Duty Order
• Certain Steel Nails From Thailand: Final Negative Countervailing Duty Determination
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Mobile Electronic Devices; Institution of Investigation
• Large Residential Washers From China
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Stilbenic Optical Brightening Agents From Taiwan: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Lemon Juice From Brazil and South Africa, Scheduling of the Final Phase of Anti-Dumping Duty Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping Duty Order on Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof From the People's Republic of China: Final Results of Changed Circumstances Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain High-Density Fiber Optic Equipment and Components Thereof; Notice of a Commission Determination To Adopt an Initial Advisory Opinion and not To Review an Initial Determination Terminating the Advisory Opinion Proceeding Based on a Joint Stipulation; Termination of the Advisory Opinion Proceeding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Cold-Rolled Steel Flat Products From Brazil, China, India, Japan, the Republic of Korea, and the United Kingdom: Continuation of Antidumping Duty Orders (China, Japan, Korea, and UK), Continuation of Antidumping and Countervailing Duty Orders (India), and Revocation of Antidumping and Countervailing Duty Orders (Brazil)
• Truck and Bus Tires From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative Review in Part; 2020
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Monosodium Glutamate From the Republic of Indonesia: Final Results of Changed Circumstances Review
• Certain Welded Carbon Steel Standard Pipes and Tubes From India: Preliminary Negative Determinations of Circumvention of the Antidumping Order
• Common Alloy Aluminum Sheet From the People's Republic of China: Initiation of Circumvention Inquiry of the Antidumping and Countervailing Duty Orders-4017 Aluminum Sheet
________________________________________________________________________________
In the News:
• Chinese factories flock to Mexico, crossing U.S. border to avoid tariffs - [NIKKEI ASIA]
• UN Expert Finds Forced Labor Claims in China’s Xinjiang Credible [BLOOMBERG]
• WTO Goods Trade Indicator Stable as Growth Stagnates [US NEWS]
• Despite billions in canceled orders, container imports stay near peak [AMERICAN SHIPPER]
________________________________________________________________________________
Global Shipping Container Suppliers China International Marine Containers and Maersk Container Industry Abandon Merger after Justice Department Investigation - Department of Justice
Acquisition Would Have Combined Two of the Four Suppliers of Insulated Container Boxes and Refrigerated Shipping Containers in the World and Further Concentrated the Global Cold Supply Chain
China International Marine Containers Group Co. Ltd. (CIMC) confirmed today that it has abandoned its intended acquisition of Maersk Container Industry A/S and Maersk Container Industry Qingdao Ltd. (collectively, MCI) after the Justice Department’s Antitrust Division’s thorough investigation.
The proposed transaction would have combined two of the world’s four suppliers of insulated container boxes and refrigerated shipping containers. It would also have consolidated control of over 90% of insulated container box and refrigerated shipping container production worldwide in Chinese state-owned or state-controlled entities.
“American consumers depend on the global cold supply chain for many of our everyday essentials,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “CIMC’s acquisition of MCI threatened to harm this critical aspect of our economy leading to higher prices, lower quality, and less resiliency in global supply chains. It would have cemented CIMC’s dominant position in an already consolidated industry and eliminated MCI as an innovative, independent competitor. The deal also would have substantially increased the risk of coordination among the remaining suppliers in the marketplace, most of whom would have been aligned through common ownership and related alliances.”
The Justice Department’s Antitrust Division and the German Bundeskartellamt cooperated during the course of their respective investigations.
________________________________________________________________________________
$3.5 Million in Fake Jewelry Seized by CBP Officers in Louisville - U.S. Customs & Border Protection
LOUISVILLE, Ky — U.S. Customs and Border Protection (CBP) officers in Louisville are seeing nightly counterfeit jewelry shipment arriving from locations known to produce fakes. On August 17, CBP Louisville seized a shipment of jewelry deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts.
Based on intelligence gathering and past shipments, CBP officers inspected the cargo and found 200 Louis Vuitton pair of hoop earrings, 190 Chanel pair of hoop earrings, 282 Dior pair of hoop earrings, 300 Yves Saint Laurent pair of hoop earrings, 1,284 Louis Vuitton pair of diamond earrings, 1,680 Gucci pair of diamond earrings, and 1,716 Chanel pair of diamond earrings. The earrings, arriving from Hong Kong, would have been worth a total of $3.51 million had they been genuine.
“This just goes to show you how criminals are using express consignment facilities to ship their items to unsuspecting consumers damaging our economy,” said LaFonda D. Sutton-Burke, Director, Field Operations-Chicago Field Office. “I want to congratulate our officers for their outstanding job. CBP is the first line of defense, and we will continue to protect the safety of consumers.”
The rapid growth of e-commerce enables consumers to search for and easily purchase millions of products through online vendors, but this easy access gives counterfeit and pirated goods more ways to enter the U.S. economy. U.S. consumers spend more than $100 billion every year on intellectual property rights (IPR) infringing goods, falling victim to approximately 20% of the counterfeits that are illegally sold worldwide.
Intellectual property is a critical component of the U.S. economy, and Thomas Mahn, Louisville Port Director, emphasized the necessary role CBP plays in protecting the economy and consumer safety and health.
“Legitimate trade strengthens our economy,” said Mahn, “but counterfeit and pirated goods threaten American jobs and innovation. Protecting intellectual property rights remains a priority trade issue for CBP, and our officers are committed to American consumers and our economic security.”
CBP has established an educational initiative to raise consumer awareness about the consequences and dangers associated with purchasing counterfeit and pirated goods online or in stores. More information about that initiative is available at www.cbp.gov/fakegoodsrealdangers.
________________________________________________________________________________
USITC Makes Determination in Five-Year (Sunset) Review Concerning Wooden Bedroom Furniture from China - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of wooden bedroom furniture from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission’s public report Wooden Bedroom Furniture from China (Inv. No. 731-TA-1058 (Third Review), USITC Publication 5348, August 2022) will contain the views of the Commission and information developed during the review.
The report will be available by September 19, 2022; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally, within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Wooden Bedroom Furniture from China was instituted on January 3, 2022.
On April 8, 2022, the Commission voted to conduct an expedited review. Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for an expedited review.
________________________________________________________________________________
Segway Powersports Assessed $5 Million Civil Penalty for Unlawfully Importing ATVs - Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced that Segway Powersports Inc. (SPI), of McKinney, Tex., has been assessed a $5 million civil penalty. The settlement resolves CPSC’s charges that SPI knowingly imported ATVs without a CPSC-approved ATV action plan in violation of the Consumer Product Safety Act (CPSA).
CPSC charged that SPI knowingly imported into the United States approximately 152 ATVs that were not subject to a CPSC-approved ATV action plan, as required by federal law. ATV action plans promote the safe and responsible use of ATVs, particularly for children under age 16.
In addition to imposing a monetary penalty, the settlement agreement requires SPI to maintain a compliance program to ensure that the company complies with the CPSA and maintains internal controls designed to ensure timely, complete, and accurate reporting to CPSC. SPI has also agreed to file annual reports with the agency on the efficacy of these programs for three years.
CPSC has agreed to suspend all but $1.25 million of the $5 million penalty based on SPI’s sworn representations that paying a penalty exceeding that amount would cause the company financial hardship and compel SPI to cease business operations.
SPI’s settlement of this matter does not constitute an admission by SPI, or a determination by the Commission, that SPI knowingly violated the CPSA.
The settlement agreement has been accepted provisionally by the Commission by a 4-0-1 vote.
________________________________________________________________________________
Put Safety in Your Backpack - Back-to-School Tips at Any Age - Consumer Product Safety Commission
WASHINGTON, D.C. – As students head back to class this fall, the U.S. Consumer Product Safety Commission (CPSC) is urging parents, teachers, and students to “Put Safety in Your Backpack” this school year. From backpacks to playgrounds, classroom chemistry experiments to college housing, consumers should watch for hidden hazards students encounter daily.
Following these safety tips as students head back to class can help to prevent injuries before they occur:
For elementary and middle school-bound students:
*Backpacks: Make sure backpacks for students are not too heavy.
From 2019 to 2021, there were an estimated annual average of 1,200 backpack-related injuries to children under 19 years old treated in emergency rooms.
*Playgrounds: Remove neck or waist drawstrings from sweatshirts and jackets and remove necklaces to prevent strangulation hazards. Check for sharp points or edges on playground equipment. Do not play on slides or other surfaces that are burning hot.
From 2019 to 2021, there were an estimated annual average of 155,900 playground-related injuries to children under the age of 16.
For high school-bound students:
*Classroom Chemistry Experiments: Minimize the risk of injuries to students from open flames in chemistry experiments.
Parents: Attend back-to-school night or contact the teacher and ask about precautions that will be taken during experiments using fuels and flames.
Schools and teachers: Conduct a hazard analysis and take proper precautions. Consider safer demonstrations, such as a flame test instead of a rainbow experiment. If pouring flammable liquids, use the smallest beakers possible, and keep larger containers out of the classroom. Do not use flasks.
*Bicycles and E-scooters: Watch CPSC’s video on e-scooter safety.
Wear a helmet to help protect your head in falls and collisions. Knee and elbow pads can also help to prevent injury.
Follow all manufacturer directions and check the e-scooter’s safety information, such as weight and age limits.
Check for damage before riding e-scooters, ensure that handlebars, brakes, throttle, bell, lights, tires, cables, and frame are in good condition. Damage to the e-scooter can cause loss of control and crashes.
Always test the brakes for how long it takes to stop the e-scooter, and to be prepared for emergency stops. Stopping distance can vary significantly, depending on the scooter.
See and be seen, wear reflective clothing! E-scooters are small, quick and silent, making it difficult for others to spot operators. Expect vehicle drivers and pedestrians not to see you.
Use the bell/horn to alert others and do not make abrupt, unpredictable movements.
Always be present and never allow the e-scooter battery to charge while unattended. Only use the charger that came with the device.
Avoid overcharging. Follow the manufacturer’s instructions for proper charging.
For college-bound students:
*Fire Safety: Check that there are smoke and carbon monoxide alarms in the student’s housing and make sure the alarms are working.
CPSC recommends having smoke alarms on every level of a home, inside each bedroom and outside sleeping areas.
Carbon monoxide alarms should be on every level and outside sleeping areas.
Make sure there are two ways out from each room and a clear path to the outside from each exit.
Keep combustibles away from heat sources and do not overload electrical outlets, extension cords and power strips.
Report any dangerous product or a product-related injury on www.SaferProducts.gov.