Petitions for the Imposition of Antidumping and Countervailing Duties on Paper File Folders from China, India and Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): China, India and Vietnam; Countervailing Duty (“CVD”): India
II. Scope of the Investigations: The products within the scope of these investigations are file folders consisting primarily of paper, paperboard, pressboard, or other cellulose material, whether coated or uncoated, that has been folded (or creased in preparation to be folded), glued, taped, bound, or otherwise assembled to be suitable for holding documents. The scope includes all such folders, regardless of color, whether or not expanding, and with or without tabs, fasteners, closures, hooks, rods, hangers, pockets, gussets, or internal dividers.
Subject folders, which typically are used to hold letter and legal size documents, have the following dimensions in their folded and closed position: a length and width of at least 8 inches and no greater than 17 inches, regardless of depth.
The scope covers all varieties of folders, including but not limited to manila folders, hanging folders, fastener folders, classification folders, expanding folders, pockets, jackets, and wallets.
Excluded from the scope are:
• mailing envelopes with a flap bearing one or more adhesive strips that can be used permanently to seal the entire length of a side such that, when sealed, the folder is closed on all four sides;
• binders, with two or more rings to hold documents in place, made from paperboard or pressboard encased entirely in plastic;
• non-expanding folders with a depth exceeding 7 inches and that are closed or closeable on the top, bottom, and all four sides (e.g., boxes or cartons);
• fashion folders, which are defined as folders with all of the following characteristics: (1) plastic lamination covering the entire exterior of the folder, (2) printing, foil stamping, embossing (i.e., raised relief patterns that are recessed on the opposite side), and/or debossing (i.e., recessed relief patterns that are raised on the opposite side), covering the entire exterior surface area of the folder, (3) at least two visible and distinct printed or foil stamped colors other than the color of the base paper, and other than the printing of numbers, letters, words, or logos, each of which separately covers no less than 10 percent of the entire exterior surface area, and (4) patterns, pictures, designs, or artwork covering no less than thirty percent of the exterior surface area of the folder;
• portfolios, which are folders having (1) a width of at least 16 inches when open flat, (2) no tabs or dividers, and (3) one or more pockets that are suitable for holding letter size documents and that cover at least 15 percent of the surface area of the relevant interior side or sides; and
• report covers, which are folders having (1) no tabs, dividers, or pockets, and (2) one or more fasteners or clips, each of which is permanently affixed to the center fold, to hold papers securely in place.
III. HTS classifications: Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) category 4820.30.0040 and may appear in other HTSUS categories, including 4820.30.0020. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.
IV. Date of Filing: October 12, 2022
V. Petitioner: Coalition of Domestic Folder Manufacturers (the “Coalition”, representing (1) Smead Manufacturing Company (“Smead”) and (2) TOPS Products LLC (“TOPS”)
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 (No CVD Margins Listed):
China: 84.51-202.6%
India: 120.5-227.88%
Vietnam: 182.67-236.38%
IX. Comments:
A. Projected date of ITC Preliminary Conference: November 2, 2022.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is December 21, 2022; CVD is November 1, 2022.
Please contact our office for a complete projected schedule for the AD/CVD investigations.
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 current and future imports of scope merchandise or whether a particular product is within the scope of the investigation, please contact one of our attorneys.
________________________________________________________________________________
Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021
• Investigations; Determinations, Modifications, and Rulings, etc.: Circular Welded Carbon-Quality Steel Pipe From Oman, Pakistan, and the United Arab Emirates; Cancellation of Hearing for Full Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Quartz Surface Products From India: Final Results of Countervailing Duty Administrative Review; 2019-2020
• Certain Steel Nails From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021
• Investigations; Determinations, Modifications, and Rulings, etc.: Institution of Investigation; Certain Automated Put Walls and Automated Storage and Retrieval Systems, Associated Vehicles, Associated Control Software, and Component Parts Thereof (II)
• Ferrovanadium From South Korea; Scheduling of an Expedited Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Paper File Folders From China, India, and Vietnam; Institution of Anti-Dumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Institution of Investigation; Certain Semiconductor Devices, Mobile Devices Containing the Same, and Components Thereof
• Certain Raised Garden Beds and Components Thereof; Institution of Investigation
• Institution of Investigation: Certain Integrated Circuits, Mobile Devices Containing the Same, and Components Thereof
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Finished Carbon Steel Flanges From India, Italy, and Spain; Scheduling of Expedited Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Silicomanganese From India: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
• Certain Softwood Lumber Products From Canada: Notice of Amended Final Results of Countervailing Duty Administrative Review; 2020; Correction
• Certain Non-Refillable Steel Cylinders From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2020-2021
• Certain Quartz Surface Products From the People's Republic of China: Final Scope Ruling on Malaysian Processed Quartz Slab and Recission of the Circumvention Inquiry
• Certain Cold-Rolled Steel Flat Products and Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping and Countervailing Duty Changed Circumstances Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Smart Televisions; Institution of Investigation
• Certain Welded Stainless Steel Pipe From South Korea and Taiwan; Scheduling of Expedited Five-Year Reviews
• Aluminum Extrusions From China
________________________________________________________________________________
OTEXA: Announcements - Office of Textile & Apparel
[10/17/2022] – The Office of the U.S. Trade Representative (USTR) is requesting comments as part of its statutory four-year review of 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 seeking public comments on the effectiveness of certain actions taken in achieving the objectives of the investigation, other actions that could be taken, and the effects of such actions on the U.S. economy, including consumers. A public docket on USTR’s web portalwill be open from November 15, 2022 to January 17, 2023 for interested persons to submit comments. See Federal Register notice 87 FR 62914 for more information.
________________________________________________________________________________
USTR Announces Next Steps in Statutory Four-Year Review of China 301 Tariffs - U.S. Trade Representative
WASHINGTON – The Office of the United States Trade Representative today announced the next steps in the statutory four-year review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation following requests for continuation from representatives of domestic industries
As explained in a formal notice, USTR is seeking public comments, consistent with the statutory directive, to consider the effectiveness of the actions in achieving the objectives of the investigation, other actions that could be taken, and the effects of the actions on the United States economy, including consumers.
USTR is establishing an electronic portal, scheduled to open on November 15, 2022, that will include more detailed questions on these issues, including questions about the impact of the actions on U.S. workers, U.S. small businesses, U.S. manufacturing, critical supply chains, U.S. technological leadership, and possible tariff inversions (i.e., where additional tariffs on goods are lower than additional tariffs on inputs used to produce those goods). To facilitate the public’s preparation of comments, USTR intends to post the questions by November 1, in advance of the docket opening.
USTR’s formal notice of the next steps in the review is also posted on USTR.gov.
In May 2022, USTR commenced the statutory four-year review process by notifying representatives of domestic industries that benefit from the tariff actions of the possible termination of those actions and of the opportunity for the representatives to request continuation. In September 2022, USTR announced that because requests for continuation were received, the tariff actions had not terminated and USTR would conduct a review of the tariff actions.
________________________________________________________________________________
In the News:
• Supply chain snarls loosen for U.S. companies, but plenty of problems remain [Rueters]
• Biden administration may block Russian aluminum imports [CNBC]
• EU wants to limit 'fast-fashion' imports [ERR News]
________________________________________________________________________________
Treasury Sanctions Russian Military Technology Procurement Network in Coordination with Law Enforcement Action - U.S. Department of the Treasury
In coordination with the U.S. Department of Justice and the Federal Bureau of Investigation, the Department of the Treasury designated Russian procurement agent Yury Yuryevich Orekhov (Orekhov) and his companies Nord-Deutsche Industrieanlagenbau GmbH (NDA GmbH) and Opus Energy Trading LLC (Opus Energy Trading) pursuant to Executive Order 14024.
Orekhov, via NDA GmbH, is responsible for procuring U.S.-origin technologies for Russian end-users, including entities on the U.S. Department of Commerce Bureau of Industry and Security’s Entity List, in violation of U.S. export controls. These technologies include advanced semiconductors and microprocessors used in fighter aircraft, ballistic and hypersonic missile systems, smart munitions, radar, satellites, and other military applications, components of which have been found in Russian weapons platforms in Ukraine. As such, Orekhov and his companies have directly contributed to the Kremlin’s unjustified war of aggression against Ukraine.
This is also a reminder of how the Russian military is suffering from major supply shortages in Ukraine, in part because of our sanctions and export controls. The United States, along with our allies and partners, will continue to hold Russia accountable and vigorously enforce our sanctions and export controls to deprive Russia’s war effort.
Today’s action builds on last week’s meeting of top officials, representing ministries of finance and other government agencies from 33 countries to discuss the effects of international sanctions and export controls on Russia’s military-industrial complex and critical defense supply chains. The Departments of the Treasury, Commerce, and State released an alert on Friday detailing the impact of international sanctions and export controls. Read the joint alert .
For more information on today’s action, please see the Department of the Treasury’s press release. More information on the actions being taken by the Department of Justice and Federal Bureau of Investigation can be found in the Department of Justice press release.
________________________________________________________________________________
CPSC Reminds Early Holiday Shoppers to Follow These Top Safety Tips - Consumer Product Safety Commission
WASHINGTON, D.C. – The holidays and gift-giving are still more than two months away. October is quickly becoming “Shop-tober,” with major retailers wanting to unload summer-season styles and leftover inventory. Several big box retailers and online sellers are enticing consumers to start holiday shopping early, by offering deep discounts, price matching guarantees and relaxed return policies.
As shoppers head to the malls, or before they buy online, the U.S. Consumer Product Safety Commission (CPSC) is reminding consumers to put safety at the top of their toy shopping list and is urging manufacturers and consumers to be vigilant, especially when it comes to buying children’s toys.
Toy Safety
The majority of toy injuries and deaths are associated with choking on small parts of toys.
Tips for buying toys:
• Choose age-appropriate toys that match the child's interests and abilities. Always read and heed the label to determine whether a toy is age-appropriate for the child.
• Consider the ages of all the children in the household, as toys with small parts, projectiles, sharp edges and other hazards can harm the younger siblings.
• Get safety gear, including helmets, for scooters and other riding toys. Helmets should be worn properly at all times and be sized to fit.
• Keep small balls and toys with small parts away from children younger than age 3, as these are choking hazards. Supervise older children as deaths have occurred with small balls.
• Ensure high-powered magnets and button cell or coin batteries are kept away from young children who might mistakenly, or intentionally, swallow them, as these items pose ingestion hazards.
• Keep balloons away from children younger than 8 years old, especially latex balloons as they can present a choking hazard.
• Take note of safety warnings, information and labels.
• Properly dispose of thin plastic bags and packaging, as children can suffocate.
Before purchasing a new or used toy, be sure the toy has not been banned or recalled. Consumers can check online at www.cpsc.gov/recalls, or by downloading the free CPSC Recalls App at
CPSC.gov/Data. If possible, consumers should register the toy with the company after purchase, so they can receive recall notices directly from the company.
Online Buying Safety
Many consumers prefer the convenience of holiday shopping online. Before hitting the button to place that online order, CPSC recommends following these safety tips:
• Always shop from stores and online retailers you know and trust.
• Check for additional safety information from online sellers, especially when shopping for children. Look for a choking hazard warning or statements, especially when purchasing toys and games online that contain small parts, such as balls, marbles, and balloons.
• Avoid buying counterfeit items by scrutinizing the item, the packaging and the label. If the price seems too good to be true, this can be a sign that the product is not authentic or original, and may be unsafe.
• Look for a certification mark from an independent testing organization and the manufacturer’s label.
If a toy, or any other household product, appears to be dangerous or malfunctions, immediately stop using it, secure it in a safe location away from children, and report the safety issue to www.SaferProducts.gov. This can help reduce the risk of injury to other children.
________________________________________________________________________________
Certain Passenger Vehicles and Light Truck Tires From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results; Correction - Federal Register