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11
GDLSK Achieves Zero ADD for Chinese Activated Carbon Producer - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On November 9, 2022, the U.S. Department of Commerce (DOC) published its final results of the 14th administrative review of the antidumping (ADD) order on Activated Carbon from China. GDLSK client Datong Juqiang Activated Carbon Co., Ltd. (DJAC) was assigned a zero ADD rate, meaning its U.S. importer customers will not have to pay any ADD for the activated carbon that it exported to the United States between April 1, 2021, and March 31, 2022.
A zero ADD rate is an increasingly rare result in DOC proceedings involving products from China, and in this instance was achieved despite vigorous objections from the domestic industry. Moreover, GDLSK has a strong track record of achieving low rates for DJAC, having obtained either a zero rate or significant rate reductions before the U.S. Court of International Trade in contesting past administrative review results.
GDLSK is proud to have achieved such favorable results for DJAC. If your company is facing an administrative review or contemplating improving its assigned ADD rate through litigation, or you wish to know more about this, contact GDLSK partner Frank Sailer at fsailer@gdlsk.com.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
• Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019-2020
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Notice of Commission Final Determination To Issue a Limited Exclusion Order; Termination of the Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Paper File Folders From the People's Republic of China, India, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
• Paper File Folders From India: Initiation of Countervailing Duty Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp From India: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
• Certain Activated Carbon From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; and Final Determination of No Shipments; 2020-2021
• Wooden Cabinet and Vanities and Components Thereof From the People's Republic of China: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2019-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Certain Uncoated Paper From Australia: Negative Final Determination of Circumvention of the Antidumping Duty Order for Certain Uncoated Paper Rolls
• Glycine From India: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Citric Acid and Certain Citrate Salts From Colombia: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Pasta From Italy: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Certain Uncoated Paper From Australia: Negative Final Determination of Circumvention of the Antidumping Duty Order for Certain Uncoated Paper Rolls
• Glycine From India: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Citric Acid and Certain Citrate Salts From Colombia: Final Results of Antidumping Duty Administrative Review; 2020-2021
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OTEXA: Announcements - Office of Textile & Apparel
• [11/03/2022] – 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 portal will be open from November15, 2022 to January 17, 2023 for interested persons to submit comments. See Federal Register notice 87 FR 62914 for more information and the Preview of Questions for the Four-Year Review.

• [11/03/2022] - September 2022 Textile and Apparel Import Report
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In the News:
• Port Houston to Implement Fees for Long-Dwelling Containers [American Shipper]
• China Trade Down on Weak Global Demand, Virus Curbs [Yahoo Finance]
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CPSC Tells Manufacturers, Importers, Distributors and Retailers They Must Protect Infants by Complying with Infant Sleep Product Rule - Consumer Product Safety Commission
Agency Cites DockATot for Violating the ISP Rule
WASHINGTON, D.C. – On June 23, 2022, the U.S. Consumer Product Safety Commission’s Infant Sleep Product Rule went into effect, making it unlawful to sell non-compliant infant sleep products manufactured on or after that date. This landmark rule removes products hazardous to infants from the marketplace as part of CPSC’s longstanding commitment to protecting the most vulnerable members of the public. The regulation applies to infant sleep products marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, which are not subject to another mandatory standard for infant sleep.
The ISP Rule applies, in particular, to 1) inclined infant sleep products with a sleep surface angle greater than 10 degrees, and 2) non-inclined infant sleep products, such as baby boxes, in-bed sleepers, baby nests and pods, compact/travel bassinets, and infant tents. These “flat products,” are also subject to the Safety Standard for Bassinets and Cradles, which requires that these products have a stand, meet stability requirements, and have a side height of at least 7.5 inches.
To ensure manufacturers, importers, distributors, and retailers are aware of the new rule, over the last several months, CPSC sent more than 125 letters to businesses explaining the new requirements, and in over 70 instances, specific infant sleep products were identified that could be subject to the rule. These letters strongly urged companies to carefully review their sales listings for any products manufactured on or after June 23, 2022, to ensure they were not in violation of the Rule. Further, in the interest of public safety, we urged each firm to consider stopping sale of these types of products immediately, regardless of the date of manufacture. As a result of these efforts, 26 products were removed from sale, helping to protect consumers.
CPSC recently issued a violation notice to one firm, Dock-a-tot, for importing an infant sleep product manufactured after June 23, 2022 that fails to comply with the mandatory requirements of the ISP rule. The product in question, DockATot® Deluxe Plus Dock (all models manufactured on or after June 23, 2022) is pictured below.
Examples of the type of products that are likely subject to the rule can be seen in the pictures here, which were first shown to the public on May 19, 2021, as the Commission considered the Draft Final Rule for Infant Sleep Products.
CPSC further reminds manufacturers and retailers that the Safe Sleep for Babies Act will go into effect on November 12, 2022. This law bans both padded crib bumpers and inclined infant sleep products and applies to all products in the marketplace, not just those that are manufactured after the effective date of the new rule. For products that are subject to both the ISP Rule and the SSBA, the requirements of the SSBA apply in addition to those of the ISP Rule.
CPSC reminds all manufacturers, importers, distributors, and retailers that failure to comply with either the ISP Rule or the SSBA could result in enforcement action, including assessment of civil penalties. Section 15(b) of the Consumer Product Safety Act requires manufacturers, importers, and distributors of consumer products to report immediately to the CPSC when they obtain information which reasonably supports the conclusion that products distributed in commerce fail to comply with an applicable consumer product safety rule or other requirement enforced by the Commission.
Manufacturers can find more information on compliance in Infant Sleep Products Business Guidance and Small Entity Compliance Guide | CPSC.gov
Safe Sleep for Babies Act Business Guidance
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USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China - U.S. International Trade Commission
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of 1-hydroxyethylidene-1, 1-diphosphonic acid 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 determinations, the existing orders 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 these five-year (sunset) reviews.
The Commission’s public report 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China (Inv. Nos. 701-TA-558 and 731-TA-1316 (Review), USITC Publication 5386, November 2022) will contain the views of the Commission and information developed during the reviews.
The report will be available by December 16, 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) reviews concerning 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from China were instituted on April 1, 2022.
On July 5, 2022, the Commission voted to conduct expedited reviews. 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 expedited reviews.
A record of the Commission’s vote to conduct expedited reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
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Stay Away from Scams this Medicare Open Enrollment Period - Federal Trade Commission
If you or one of your loved ones are on Medicare, you’re probably aware that open enrollment ends on December 7. And you’re probably reviewing and comparing different options to select a plan that’s right for you. But as you shop around, know that scammers might take advantage of this period to impersonate Medicare agents.
Scammers may sound professional, say they’re from Medicare, and have your personal details. But in reality, they’re trying to steal your money, Medicare information, or your identity. Here’s how to spot potential scams and what to do:
• Don’t trust the name displayed on your phone. Scammers can fake a caller ID.

• Hang up if anyone calls and asks for your Medicare, Social Security, or bank or credit card information. Legitimate Medicare employees have your Medicare number on file.

• Don’t be rushed into making a decision. You have until December 7 to enroll, and Medicare doesn’t offer extra benefits for signing up early.

• Ignore threats to take away your benefits. If you qualify, your benefits can’t be taken away for not signing up for a plan.

• Don’t talk to anyone that suggests their plan is preferred by Medicare. The truth is that Medicare doesn’t endorse a specific plan.

• Get help to deal with Medicare fraud and abuse at smpresource.org.

• Visit the Eldercare Locator or call toll-free 1-800-677-1116 to find local resources that can give you more information about the different Medicare plans available.
To report someone pretending to be affiliated with Medicare and other Medicare scams, call 1-800-MEDICARE (800-633-4227) and tell the FTC at ReportFraud.ftc.gov.
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FTC Restores Rigorous Enforcement of Law Banning Unfair Methods of Competition - Federal Trade Commission
Policy statement renews agency’s commitment to exercising full legal authority against companies that use unfair tactics to gain an advantage instead of competing on the merits
The Federal Trade Commission issued a statement today that restores the agency’s policy of rigorously enforcing the federal ban on unfair methods of competition. Congress gave the FTC the unique authority to identify and police against these practices, beyond what the other antitrust statutes cover. But in recent years the agency has not always carried out that responsibility consistently. The FTC’s previous policy restricted its oversight to a narrower set of circumstances, making it harder for the agency to challenge the full array of anticompetitive behavior in the market. Today’s statement removes this restriction and declares the agency’s intent to exercise its full statutory authority against companies that use unfair tactics to gain an advantage instead of competing on the merits.
“When Congress created the FTC, it clearly commanded us to crack down on unfair methods of competition,” said FTC Chair Lina M. Khan. “Enforcers have to use discretion, but that doesn’t give us the right to ignore a central part of our mandate. Today’s policy statement reactivates Section 5 and puts us on track to faithfully enforce the law as Congress designed.”
Congress passed the Federal Trade Commission Act in 1914 because it was unhappy with the enforcement of the Sherman Act, the original antitrust statute. Section 5 of the FTC Act bans “unfair methods of competition” and instructs the Commission to enforce that prohibition.
In 2015, however, the Commission issued a statement declaring that it would apply Section 5 using the Sherman Act “rule of reason” test, which asks whether a given restraint of trade is “reasonable” in economic terms. The new statement replaces that policy and explains that limiting Section 5 to the rule of reason contradicted the text of the statute and Congress’s clear desire for it to go beyond the Sherman Act. And it shows how the Commission will police the boundary between fair and unfair competition through both enforcement and rulemaking. The statement makes clear that the agency is committed to protecting markets and keeping up with the evolving nature of anticompetitive behavior.
Unfair methods of competition, the policy statement explains, are tactics that seek to gain an advantage while avoiding competing on the merits, and that tend to reduce competition in the market. The Policy Statement lays out the Commission’s approach to policing them. It is the result of many months of work across agency departments. Staff researched the legislative history of Section 5 and its interpretation across hundreds of Commission decisions, consent orders, and court decisions—including more than a dozen Supreme Court opinions. This rich case history will guide the agency as it implements Section 5. Through enforcement and rulemaking, the Commission will put businesses on notice about how to compete fairly and legally. This is in contrast with the rule of reason, which requires judges to make difficult case-by-case economic predictions.
The Commission vote to approve the Policy Statement was 3-1, with Commissioner Christine S. Wilson voting no. Chair Lina M. Khan, joined by Commissioners Rebecca K. Slaughter and Alvaro M. Bedoya, issued a statement. Commissioner Bedoya, joined by Chair Khan and Commissioner Slaughter, issued a statement. Commissioner Wilson issued a dissenting statement.
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint.
 
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