Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Gas-Powered Pressure Washers from the People's Republic of China and the Socialist Republic of Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): China and Vietnam; Countervailing Duty (“CVD”): China
II. Scope of the Investigations: The merchandise covered by this investigation is cold water gas-powered pressure washers (also commonly known as power washers), which are machines that clean surfaces using water pressure that are powered by an internal combustion engine, air-cooled with a power take-off shaft, in combination with a positive displacement pump. This combination of components (i.e., the internal combustion engine, the power take-off shaft, and the positive displacement pump) is defined as the “power unit.” The scope of the investigation covers cold water gas-powered pressure washers, whether finished or unfinished, whether assembled or unassembled, and whether or not containing any additional parts or accessories to assist in the function of the “power unit,” including, but not limited to, spray guns, hoses, lances, and nozzles, The scope of the investigation covers cold water gas-powered pressure washers, whether or not assembled or packaged with a frame, cart, or trolley, with or without wheels attached.
For purposes of this investigation, an unfinished and/or unassembled cold water gas-powered pressure washer consists of, at a minimum, the power unit or components of the power unit, packaged or imported together. Importation of the power unit whether or not accompanied by, or attached to, additional components including, but not limited to a frame, spray guns, hoses, lances, and nozzles constitutes an unfinished cold water gas-powered pressure washer for purposes of this scope. The inclusion in a third country of any components other than the power unit does not remove the cold water gas-powered pressure washer from the scope. A cold water gas-powered pressure washer is within the scope of this investigation regardless of the origin of its engine. Subject merchandise also includes finished and unfinished cold water gas-powered pressure washers that are further processed in a third country or in the United States, including, but not limited to, assembly or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the in-scope cold water gas-powered pressure washers.
Cold water gas-powered pressure washers are easily distinguishable from hot water gas-powered pressure washers and have different physical characteristics. While a hot water pressure washer also includes an engine and a pump, it must also include a boiler to heat the water as it leaves the pump. The boiler also includes a heating coil. The boiler needs a separate energy source such as natural gas, butane, propane, kerosene or diesel fuel. In addition, it needs a burner system to ignite the boiler. Hot water pressure washers are generally larger in size than cold water pressure washers due to the need for the boiler. The scope does not include hot water gas-powered pressure washers.
Also, specifically excluded from the scope of this investigation is merchandise covered by the scope of the antidumping and countervailing duty orders on certain vertical shaft engines between 99cc and Up to 225cc, and parts thereof from the People’s Republic of China’. See Certain Vertical Shaft Engines Between 99 cc and Up to 22Scc, and Parts Thereof from the People’s Republic of China: Antidumping and Countervailing Duty Orders, 86 FR 023675 (May 4, 2021).
III. HTS classifications: The cold water gas-powered pressure washers subject to this investigation are classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 8424.30.9000 and 8424.90.9040. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive.
IV. Date of Filing: December 29, 2022
V. Petitioner: FNA Group, Inc.
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:
China: 136.70-242.34%
Vietnam: 103.28-209.22%
IX. Comments:
A. Projected date of ITC Preliminary Conference: January 19, 2023.
B. The earliest theoretical date for retroactive suspension of liquidation for the AD is March 9, 2023; CVD is January 18, 2023.
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.
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Federal Register Notices:
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From India: Final Results of Countervailing Duty Administrative Review; 2020; Correction
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
• Brass Sheet and Strip From France, Germany, Italy, and Japan: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Orders
• Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results, Partial Rescission, and Preliminary Determination of No Shipments of Antidumping Duty Administrative Review; 2021-2022
• Uranium From the Russian Federation; Final Results of the Expedited Fifth Sunset Review of the Suspension Agreement
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Cold-Drawn Mechanical Tubing From China, Germany, India, Italy, South Korea, and Switzerland; Institution of Five-Year Reviews
• Investigations; Determinations, Modifications, and Rulings, etc.: Circular Welded Pipe and Tube From Brazil, India, Mexico, South Korea, Taiwan, Thailand, and Turkey; Institution of Five-Year Reviews
• Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From Germany; Institution of a Five-Year Review
• Certain Cabinet X-Ray and Optical Camera Systems and Components Thereof Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico: Preliminary Results of the 2020-2021 Administrative Review and Postponement of Final Results
• Agreement Suspending the Countervailing Duty Investigation on Sugar From Mexico; Preliminary Results of the 2021 Administrative Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Stainless Steel Wire Rods From India: Continuation of the Antidumping Duty Order
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 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
• Fresh Garlic From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Sodium Nitrite From India: Final Affirmative Countervailing Duty Determination
• Barium Chloride From India: Final Affirmative Countervailing Duty Determination
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Administrative Review, and Preliminary Determination of No Shipments; 2020-2021
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CBP at JFK Intercepts Med Fly in Peppers - U.S. Customs & Border Protection
Customs and Border Protection (CBP) Agriculture Specialists
JAMAICA, N.Y. — The Med Fly is typically associated with citrus fruit, maybe they are adding vegetables to their diet? Thankfully skilled and alert U.S. Customs and Border Protection agriculture specialists at John F. Kennedy International Airport are very familiar with the diet of the Med Fly.
“We are very proud of our CBP Agriculture Specialists, who targeted, detected, intercepted, and thereby prevented the entry of this potential threat before it had a chance to harm our Agricultural and Economic vitality,” said Francis J. Russo, Director, Field Operations, New York Field Office.
During the month of December 2022, CBPAS at John F. Kennedy International Airport performed an inspection on three shipments of peppers from Spain. Upon examination, CBPAS found signs of damage on the peppers. A closer look utilizing magnifying glasses revealed larva feeding inside the pulp of the peppers. The larvae were submitted to USDA Plant Inspection Station for pest ID. The pests were positively identified as Ceratitis capitata or Medfly.
These discoveries at JFK and other ports of entry, lead to a national response. On December 29, 2022, the USDA issued Federal Order – DA-2022-42, prohibiting the importation of fresh bell peppers (Capsicum annum) for consumption from Spain into the U.S. due to the multiple detections of Mediterranean fruit fly (Ceratitis capitata, Medfly). It also prohibits overland in-bond transit movements of these materials south of 39° latitude and west of 104° longitude.
https://content.govdelivery.com/accounts/USDAAPHIS/bulletins/33f0fcf
The Mediterranean Fruit Fly (Ceratitis capitata or Medfly) is considered the most important agricultural pest in the world. The Medfly has spread throughout the Mediterranean region, southern Europe, the Middle East, Western Australia, South and Central America and Hawaii. The first of numerous U.S. mainland infestations occurred in Florida in 1929. It has been recorded infesting a wide range of commercial and garden fruits, nuts and vegetables, including apple, avocado, bell pepper, citrus, melon, peach, plum and tomato.
https://www.aphis.usda.gov/aphis/resources/pests-diseases/hungry-pests/the-threat/med-fruit-fly
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U.S. Terminates AGOA Trade Preference Program for Burkina Faso - Office of the U.S. Trade Representative
WASHINGTON – The United States today terminated Burkina Faso from the African Growth and Opportunity Act (AGOA) trade preference program for failing to meet the requirements of the AGOA statute. The Biden-Harris Administration is deeply concerned by the unconstitutional change in government in Burkina Faso. Burkina Faso will be provided with clear benchmarks for a pathway toward reinstatement and the Administration will work with their government to achieve that objective.
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OTEXA: Announcements - Office of Textile & Apparel
[1/4/2023] – Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE): For the period December 20, 2022 through December 19, 2023, the annual quantitative limit of the Haiti HOPE Value-Added program is 412,506,163 square meters equivalent (SME).
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Peloton Agrees to Pay $19 Million Civil Penalty for Failure to Immediately Report Tread+ Treadmill Entrapment Hazards and for Distributing Recalled Treadmills - Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is announcing that Peloton Interactive Inc., of New York, has agreed to pay a $19,065,000 civil penalty. The settlement resolves CPSC’s charges that Peloton knowingly failed to immediately report to CPSC, as required by law, that its Tread+ treadmill contained a defect that could create a substantial product hazard and created an unreasonable risk of serious injury to consumers. The civil penalty also settles charges that Peloton knowingly distributed recalled treadmills in violation of the Consumer Product Safety Act (CPSA).
Beginning in December 2018 and continuing into 2019, Peloton received reports of incidents associated with pull under and entrapment in the rear of the treadmills, including reports of injuries. Despite possessing this information, Peloton did not immediately report to the Commission. By the time Peloton filed a report with the Commission there were more than 150 reports of people, pets, and/or objects being pulled under the rear of the Tread+ treadmill, including the death of a child and 13 injuries, including broken bones, lacerations, abrasions and friction burns. Peloton and the Commission jointly announced the recall of the Tread+ treadmill on May 5, 2021.
Staff also charged that after the public announcement of the recall, Peloton knowingly distributed in commerce 38 Tread+ recalled treadmills using Peloton personnel and through third-party delivery firms.
In addition to the $19,065,000 civil penalty, the settlement agreement requires Peloton to maintain an enhanced compliance program and system of internal controls and procedures designed to ensure compliance with the CPSA. Peloton has also agreed to file, for a period of five years, annual reports regarding its compliance program and system of internal controls.
By a 4-0 vote, the Commission provisionally accepted the settlement agreement, subject to public comment.
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CBP Officers at South Texas Ports of Entry Post Significant Increases in Cocaine Seized, Inadmissibles Encountered in FY 2022 - U.S. Customs & Border Protection
LAREDO, Texas – U.S. Customs and Border Protection (CBP) officers at eight South Texas ports of entry seized a significant amount of narcotics, unreported currency, weapons and uncovered numerous immigration violations during Fiscal Year 2022, most notably a 177 percent increase in inadmissibles encountered and a 19 percent increase in cocaine seized. Fiscal Year 2022 began October 1, 2021 and ended Sept. 30, 2022.
“As nonessential traffic resumed early in Fiscal Year 2022, overall workload volumes returned to normal but CBP officers continued to experience the ongoing trend of hard narcotics, particularly cocaine and significant gains in encounters of individuals without valid entry documents,” said (Acting) Director, Field Operations Eugene Crawford, Laredo Field Office. “The hard narcotics volume underscores the seriousness of the drug threat we face and hemispheric economic and security challenges also tend to drive the migration volumes.”
During FY 2022, CBP officers at the eight ports of entry extending from Brownsville to Del Rio that comprise the Laredo Field Office seized 47,755 pounds of narcotics that would have commanded a combined estimated street value of $436 million. Specifically, they seized 6,578 pounds of marijuana; 10,243 pounds of cocaine, up 19 percent from FY 21; nearly 30,476 pounds of methamphetamine; 176 pounds of heroin, nearly 282 pounds of fentanyl, $5.8 million in unreported currency, 320 weapons and 78,487 rounds of ammunition.
CBP officers at Laredo Field Office ports of entry in FY 2022 also determined that more than 57,732 non-U.S. citizens were inadmissible to the U.S. due to violations of immigration law, up 177 percent over FY 21.
CBP agriculture specialists intercepted 99,264 items of quarantine animal and plant material and 5,015 pests.
Follow the Director of CBP’s Laredo Field Office on Twitter at @DFOLaredo and also U.S. Customs and Border Protection at @CBPSouthTexas for breaking news, current events, human interest stories and photos