GDLSK Achieves Negative Circumvention Determination in DOC Indian Pipe Inquiry - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The U.S. Department of Commerce (DOC), on March 1, 2023, finalized its determination that Emirati and Omani pipe producers are not circumventing the antidumping duty order on welded carbon steel standard pipes and tubes from India. GDLSK represented a major Emirati pipe producer accused of circumvention because some of the pipe that it manufactured used hot-rolled steel from India. On the company’s behalf, GDLSK submitted extensive questionnaire responses, participated in verification, and briefed legal issues to convince DOC that the company was not circumventing.
This negative determination reflects a significant achievement showing the limits of DOC’s circumvention procedure. There has been a large uptick in circumvention inquiries, both brought by petitioners and self-initiated by DOC, since DOC enacted its circumvention regulation in late 2021 – and it is rare that DOC finds no circumvention whatsoever, as occurred in this inquiry. Should you have questions about this inquiry, or circumvention inquires in general, please contact GDLSK Partners Jordan Kahn at jkahn@gdlsk.com or Ned Marshak at nmarshak@gdlsk.com
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**Federal Register Notices:
• Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Sodium Nitrite From India: Antidumping Duty and Countervailing Duty Orders
• Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls
• Investigations; Determinations, Modifications, and Rulings, etc.: Sodium Nitrite From India
• Certain Pick-Up Truck Folding Bed Cover Systems And Components Thereof (III) Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Vertical Shaft Engines Between 99cc and Up To 225cc, and Parts Thereof, From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders-Dual-Piston Engines
• Furfuryl Alcohol From the People's Republic of China: Continuation of Antidumping Duty Order
• Investigations; Determinations, Modifications, and Rulings, etc.: Light-Walled Rectangular Pipe and Tube From Taiwan
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Initiation of Five-Year (Sunset) Reviews
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Certain Welded Carbon Steel Standard Pipes and Tubes From India: Final Negative Determinations of Circumvention of the Antidumping Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Polyester Staple Fiber From China; Institution of a Five-Year Review
• Aluminum Foil From China; Institution of Five-Year Reviews
• Honey From China; Institution of a Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Common Alloy Aluminum Sheet From Slovenia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Common Alloy Aluminum Sheet From Croatia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022
• Large Residential Washers From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Truck and Bus Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Rescission of Review in Part, and Intent To Rescind in Part; 2021
• Certain Freight Rail Couplers and Parts Thereof From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Preliminary Affirmative Critical Circumstances Determination
• Utility Scale Wind Towers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
• Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results and Preliminary Intent To Rescind, in Part, the Countervailing Duty Administrative Review; 2021
• Certain Walk-Behind Lawn Mowers and Parts Thereof From the People's Republic of China: Notice of Intent To Rescind Circumvention Inquiry on the Antidumping and Countervailing Duty Orders
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Silicon Photovoltaic Cells and Modules With Nanostructures, and Products Containing the Same; Notice of Commission Determination To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation; Termination of the Investigation
• Certain Cabinet X-Ray and Optical Camera Systems and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Consent Order Stipulations; Issuance of Consent Orders; Termination of the Investigation
• Certain Semiconductors and Devices and Products Containing the Same, Including Printed Circuit Boards, Automotive Parts, and Automobiles; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based on Withdrawal of the Complaint
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FDA Takes Action to Restrict Unlawful Import of Xylazine - Food & Drug Administration
Agency Aims to Maintain Availability for Legitimate Use in Animals while Preventing Importation for Illicit Purposes
Today (2/28/23), the U.S. Food and Drug Administration announced that it has taken action to restrict the unlawful entry of xylazine active pharmaceutical ingredients and finished dosage form drug products into the country to address a growing public health concern. The chemical xylazine has increasingly been found in illicit drugs such as illicitly manufactured fentanyl and other drugs and increasingly detected in overdose deaths.
This action aims to prevent the drug from entering the U.S. market for illicit purposes, while maintaining availability for its legitimate uses in animals.
Veterinarians legitimately use drug products containing xylazine to sedate large animals such as horses and deer, but it is not safe for use in people and may cause serious and life-threatening side effects. It has been identified as a contaminant found in combination with opioids such as illicit fentanyl and in combination with other illicit products that contain stimulants such as methamphetamine and cocaine. People who use illicit drugs may not be aware of the presence of xylazine.
While xylazine is not an opioid, it is dangerous because it can depress breathing, blood pressure, heart rate and body temperature to critical levels. Additionally, people who inject drugs containing xylazine can develop severe skin wounds and patches of dead and rotting tissue that easily become infected and, if left untreated, may lead to amputation. These wounds can develop in areas of the body away from the injection site and may become life-threatening. The agency previously communicated to health care providers about the risks to patients exposed to xylazine in illicit drugs.
“The FDA remains concerned about the increasing prevalence of xylazine mixed with illicit drugs, and this action is one part of broader efforts the agency is undertaking to address this issue,” said FDA Commissioner Robert M. Califf, M.D. “We will continue to use all tools at our disposal and partner with the Drug Enforcement Administration and other federal, state, local agencies and stakeholders as appropriate to stem these illicit activities and protect public health.”
The action taken today is designed to ensure that imports of drugs containing xylazine into the country are intended for the legitimate veterinary supply, including active pharmaceutical ingredients en route for processing by a manufacturing facility that makes FDA-approved xylazine, for compounding of animal drugs at state-licensed compounding pharmacies or by licensed veterinarians, as well as approved finished products being imported into the U.S. Under the import alert, xylazine offered for import is subject to heightened FDA scrutiny, and FDA staff may detain the shipment if it appears to be in violation of the law. As part of their entry review, FDA staff will consider specific evidence offered by importers that the incoming product is properly labeled, not adulterated, and for legitimate veterinary use.
“We recognize the public health effects of xylazine tainting these illicit drugs and are continuing to ensure that legitimate product is restricted to veterinary use only,” said Tracey Forfa, J.D., director of the FDA’s Center for Veterinary Medicine.
The FDA and its Office of Criminal Investigations is collaborating with federal, state and local partners to investigate xylazine-related activities that could be subject to criminal prosecution, including online and in-person conduct. Additionally, the agency is coordinating with animal health stakeholders to ensure that drugs containing xylazine are available to veterinarians for legitimate use. The FDA will continue to provide updates on this work as appropriate.
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CBP Announces Additional Partnerships for New and Expanded Services - U.S. Customs & Border Protection
WASHINGTON — U.S. Customs and Border Protection (CBP) announced today 21 tentative selections for new reimbursable services agreements that will promote cross-border trade and facilitate essential travel to the United States.
These public-private partnerships will allow approved private sector and state and local government entities to reimburse CBP for expanded services for incoming commercial and cargo traffic and international traveler arrivals in Arizona; California; Colorado; Florida; Georgia; Indiana; Louisiana; Maine; Michigan; Mississippi; Missouri; New Jersey; New York; Ohio; Puerto Rico; Texas; Utah; Virginia; and Washington.
“The Reimbursable Services Program is an essential facet of CBP’s resource optimization strategy,” said Pete Flores, Executive Assistant Commissioner for Field Operations. “By working with our private and public sector partners, CBP is able to maximize its resources and produce innovative, joint solutions that enhance our economic competitiveness.”
Since the Reimbursable Services Program began in 2013, CBP has expanded it to include 336 stakeholders. The program has provided more than 1.2 million additional processing hours at the request of CBP’s partners—accounting for the processing of more than 17.7 million travelers and more than 2.1 million personal and commercial vehicles.
Authorized by Section 481 of the Homeland Security Act of 2002, reimbursable services agreements increase CBP’s ability to provide new or enhanced services on a reimbursable basis by creating partnerships with private sector and government entities. Reimbursable services under this authority include customs, agricultural processing, border security services, immigration inspections and support services at ports of entry.
The statute includes several limitations at CBP-serviced airports. Reimbursable services are limited to overtime costs and support services for airports with 100,000 or more arriving international passengers annually. Airports with fewer than 100,000 arriving international passengers annually may offset CBP for the salaries and expenses of not more than five full-time equivalent CBP officers. Reimbursable services agreements will not replace existing services.
The entities selected for reimbursable services agreements in the air environment were:
• Accufleet International Inc. (Hartsfield–Jackson Atlanta International Airport);
• Atlas Air, Inc. (Indianapolis International Airport);
• Banyan Air Services, Inc. (Fort Lauderdale Executive Airport);
• BNT International Corporation (Oakland International Airport);
• Chouest Air Inc (Houma-Terrebonne Airport; and South Lafourche Airport);
• Delux Public Charter, LLC DBA JSX Air (Austin–Bergstrom International Airport; William P. Hobby Airport; Miami International Airport; and Phoenix Sky Harbor International Airport);
• FedEx Express (Rafael Hernández Airport);
• JDR Management LLC (Palm Beach International Airport; and Teterboro Airport);
• JetBlue Airways Corporation (John F. Kennedy International Airport);
• Kansas City Aviation Department (Kansas City International Airport);
• Mira Vista Aviation, Inc. (Bangor International Airport; Austin–Bergstrom International Airport; Republic Airport; Teterboro Airport; Westchester County Airport; Denver International Airport; Brown Field Municipal Airport; Salt Lake City International Airport; King County International Airport - Boeing Field; and Tampa International Airport);
• Occidental Petroleum Corporation (George Bush Intercontinental Airport);
• Springfield-Branson National Airport (Springfield-Branson National Airport);
• Tisma, Inc. (Teterboro Airport; and Westchester County Airport); and
• Turk Hava Yollari Anonim Ortakligi, Inc [Turkish Airlines] (Hartsfield–Jackson Atlanta International Airport).
The entity selected for a reimbursable services agreement in the land environment was:
• Detroit International Bridge Company (Detroit, MI).
The entities selected for reimbursable services agreements in the sea environment were:
• Christian Bay Shipping Co. dba Fillette Green Shipping Services (USA) Corp (Port Canaveral, FL);
• Cleveland-Cuyahoga County Port Authority (Cleveland, OH);
• Nauticus (Norfolk, VA);
• San Diego Unified Port District (San Diego, CA); and
• Sea Hawk Marine Logistics LLC (Corpus Christi, TX; Galveston, TX; Houston, TX; Lake Charles, LA; Mobile, AL; Morgan City, LA; New Orleans, LA; and Pascagoula, MS).
CBP used a rigorous, multi-layered process to evaluate selectees’ proposals and ensure compatibility with CBP’s mission priorities.
The reimbursable services authority is a key component of CBP’s Resource Optimization Strategy, and will allow CBP to provide new or expanded services at domestic ports of entry reimbursed by the partner entity.
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BIS Imposes $2.77 Million Penalty On 3d Printing Company For Exports to China and Germany, Including Aerospace and Military Design Documents - Bureau of Industry and Security
See Press Release
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USTR Releases President Biden’s 2023 Trade Policy Agenda and 2022 Annual Report - U.S. Trade Representative
WASHINGTON – The Office of the United States Trade Representative today released President Biden’s 2023 Trade Policy Agenda and 2022 Annual Report to Congress. This report details USTR’s work to advance President Biden’s trade agenda over the last two years, as well as its priorities for 2023 and beyond.
“USTR’s worker-centered trade agenda is realizing President Biden’s vision to grow the American economy from the bottom up and the middle out,” Ambassador Katherine Tai said. “The 2023 Trade Policy Agenda and 2022 Annual Report details the key accomplishments from the first two years of the Biden Administration and our priorities for the year ahead. From enforcing the USMCA to creating innovative trade arrangements with our allies and partners, we will continue to pursue an agenda that will deliver sustainable and inclusive economic prosperity for all.”
In 2022, USTR put the Biden Administration’s vision into practice by launching and negotiating historic trade arrangements with our partners in the European Union and Kenya, as well as:
The Indo-Pacific Economic Framework for Prosperity: USTR and the Department of Commerce are negotiating an innovative trade framework with 13 countries in the Indo-Pacific region that, combined with the United States, represent 40% of global GDP. The IPEF will tackle 21st century challenges, particularly those exposed during the COVID-19 pandemic and Russia’s invasion of Ukraine.
U.S.-Taiwan 21st Century Trade Initiative: The United States and Taiwan, under the auspices of the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO), are negotiating an ambitious new trade framework that will deepen our longstanding economic and cultural ties.
Americas Partnership for Economic Prosperity: Announced in June 2022, the Americas Partnership includes 11 other countries that represent about 90% of the Western Hemisphere’s GDP and nearly two-thirds of its people. This initiative will drive the region’s economic growth and broadly shared prosperity, tackle the core issues that will define the coming decades, and galvanize greater economic cooperation in our hemisphere.
Under Ambassador Tai’s leadership, USTR delivered important wins for domestic agricultural stakeholders, including farmers, producers, and processors, as U.S. agricultural exports expanded to a record $202 billion.
The United States – Mexico – Canada Agreement (USMCA) brought concrete outcomes that leveled the playing field for workers and defended the interests of U.S. energy and agricultural producers. In particular, Ambassador Tai worked with labor representatives in Mexico to invoke the Agreement’s Rapid Response Mechanism to resolve multiple violations of workers’ rights, which included securing reinstatement and backpay to workers who were allegedly terminated for participating in union activity. Strong cooperation with Mexico and Canada to enforce the USMCA will raise labor standards across North America and drive a race to the top.
In keeping with President Biden’s promise that America will once again lead on the world stage, USTR strengthened and deepened existing partnerships with our allies, while forging new relationships in key regions and emphasizing the United States’ commitment to multilateral institutions. In 2022, Ambassador Tai helped achieve the first concrete outcomes from a WTO ministerial in nine years, including a modification of intellectual property protections for COVID vaccines to facilitate getting more safe and effective vaccines to those in need; an extension of the moratorium on customs duties on electronic transmissions that reduces trade costs and provides opportunities for small- and medium-sized businesses; a multilateral agreement that, for fishing overfished stocks, prohibits subsidies to those engaged in illegal, unreported, and unregulated fishing; and a Ministerial Declaration on food insecurity.
In 2023, USTR will deliver for U.S. workers and businesses, and for a global trading system that is more resilient, sustainable and equitable. We expect progress on our ongoing trade negotiations, and we look forward to hosting the Asia-Pacific Economic Cooperation (APEC) Ministers Responsible for Trade meetings in Detroit, Michigan in May 2023 as part of the United States’ APEC host year.
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Port Authority to Host Second Platooning Demonstration of Autonomous Vehicles at JFK Airport - Port of Authority NY/NJ
3-Vehicle Platoon to Be Tested for First Time at a U.S. Airport by Autonomous Mobility Company Ohmio
Photo of the 3-Vehicle Platoon is Available Here
The Port Authority of New York and New Jersey and Ohmio, a leading New Zealand-based autonomous mobility company, today announced that in June, John F. Kennedy International Airport will host the country’s first three-vehicle platooning demonstration at a U.S. airport. The agency also hosted a demonstration of two eight-passenger electric autonomous shuttles in a platoon at the airport in October 2022 to simulate how such technology could serve passengers in the future.
The Ohmio demonstration will focus on using eight-passenger driverless shuttles in a three-vehicle platoon on a closed road segment at the JFK Long Term Parking Lot, where they will travel very closely together without any physical connection. The Port Authority is looking to advance use of autonomous technology in public transit to improve customer service and reliability and to increase capacity, such as piloting autonomous buses in the Lincoln Tunnel’s Exclusive Bus Lane to increase service to the Midtown Bus Terminal during peak travel periods.
Autonomous vehicles, or AVs, are an important emerging technology to allow vehicles to operate safely and efficiently without a driver, and successful demonstrations of AV platooning may prove particularly useful in airport environments to transport passengers in a single movement for short connections such as access to a nearby commuter rail station, an airport rental car facility, or from an AirTrain station to the furthest ends of long-term parking lots.
“We had great success in 2022 with this technology, and this second demonstration will allow us to evaluate and test a larger platoon at faster speeds,” said Port Authority Chairman Kevin O’Toole. “At the same time, we are actively looking at where we can apply AV technology within our footprint.”
“The Port Authority seeks to be a leader in the region in testing and considering the use of autonomous technology in public transit,” said Port Authority Executive Director Rick Cotton. “In addition to the completion of our autonomous bus pilot at the Lincoln Tunnel, we look forward to further testing of autonomous vehicle platoons, autonomous streetsweepers, and applying the technology to potential last-mile solutions in 2023 to advance how we as an agency can keep the region moving.”
“This is a significant milestone for Ohmio,” said Ohmio Executive Chairman Mohammed Hikmet. “The company is excited to have this opportunity to demonstrate our latest technology. We look forward to a successful demonstration with the Port Authority in the New York metropolitan area and hope that this will be the first of many projects in the United States.”
The Ohmio platoon pilot scheduled for June 2023 follows a successful platoon pilot by autonomous vehicle manufacturer Navya in October 2022 and a demonstration of platooning and lane-keeping technology on retrofitted buses in the Lincoln Tunnel Exclusive Bus Lane (XBL) in June 2022. Following the Ohmio platooning pilot at JFK, the agency will look for longer-term use cases such as moving passengers between parking lots and on-airport facilities.