**Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of 2,4-Dichlorophenoxyacetic Acid (“2,4-D”) from the People’s Republic of China and India - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On March 14, 2024, Corteva Agriscience LLC filed a petition for the imposition of antidumping and countervailing duties on the imports of 2,4-Dichlorophenoxyacetic Acid (“2,4-D”) from the People’s Republic of China and India. The petition alleges dumping margins of 143.73% to 388.53% (China) and 62.66% (India). The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.
The merchandise covered by this investigation is 2,4-dichlorophenoxyacetic acid (“2,4-D”). 2,4-D has the Chemical Abstracts Service (“CAS”) registry number of 94-75-7 and the chemical formula C8H6Cl2O3. The 2,4-D component of any derivative products of 2,4-D, including but not limited to, amine salt and ester forms of 2,4-D are covered by the scope of the order. The petition provides additional detailed scope description and specific product exclusions.
The projected date of International Trade Commission’s Preliminary Conference is April 29, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is May 23, 2024; CVD is April 3, 2024.
Please feel free to contact one of our attorneys for further information, including a complete scope description, complete projected schedule for the AD/CVD investigation; the volume and value of imports; list of alleged subsidy programs; and list of identified foreign exporters and U.S. importers.
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Federal Register Notices:
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Paper Shopping Bags from the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Vehicle Telematics, Fleet Management, and Video-Based Safety Systems, Devices, and Components Thereof, Notice of Institution of Investigation
• Certain LED Lighting Devices, LED Power Supplies, Components Thereof, and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 2,4-Dichlorophenoxyacetic Acid (“2,4-D”) From China and India; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Sodium Gluconate, Gluconic Acid, and Derivative Products From China; Determinations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Continuation of the Antidumping Duty Order
• Rubber Bands from the People's Republic of China and Thailand: Final Results of Sunset Reviews and Revocation of Antidumping Duty and Countervailing Duty Orders
• Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico: Final Results of the 2022 Administrative Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Liquid Coolers for Electronic Components in Computers, Components Thereof, Devices for Controlling Same, and Products Containing Same; Notice of Institution
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CBP Launches New Dashboards for Enhanced Visibility into Trade Violations and Enforcement Efforts - Customs & Border Protection
CBP debuts Enforce and Protect Act and e-Allegations dashboards.
WASHINGTON - U.S. Customs and Border Protection launched two dynamic statistics dashboards focusing on the Enforce and Protect Act and e-Allegations programs, marking the latest in a series of actions to improve the transparency and effectiveness of CBP’s trade enforcement efforts.
“With the launch of these dashboards, we are empowering the trade community and the public with clear insights into the scope and nature of trade violation allegations,” said CBP’s Executive Director of Trade Remedy Law Enforcement Eric Choy. “These tools underscore our dedication to fair and effective trade enforcement by making key data accessible.”
Members of the public and trade community can use the new dashboards to explore updated data and global trends on the trade violations that CBP receives, including information on the possible countries of origin and the volume and types of trade violation allegations CBP processes through the Trade Violations Reporting Tool. The dashboards are available on CBP.gov at Enforce and Protect Act (EAPA) Statistics | U.S. Customs and Border Protection (cbp.gov) and e-Allegations Statistics | U.S. Customs and Border Protection (cbp.gov).
The Enforce and Protect Act dashboard offers a transparent platform for stakeholders to track the volume, types, and geographic locations of antidumping duty and countervailing duty evasion allegations. The Enforce and Protect Act program allows the trade community to file allegations of evasion of antidumping and countervailing duties and to participate in an on-the-record investigation. Allegations must meet certain criteria; please visit the Enforce and Protect Act webpage to learn more about the program.
Through the e-Allegations program, CBP invites the trade community and the general public to report a wide variety of commercial trade violations to CBP. The e-Allegations process enables CBP, in collaboration with our partners, to protect the United States economy from the effects of unfair trade practices and guard against the entry of products that could pose a threat to health and safety.
Visit the e-Allegations website to learn more about the program, and report any Enforce and Protect Act or e-Allegation allegations through the online Trade Violation Reporting Tool.
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Importer and Firm Plead Guilty in Federal Court to Conspiracy to Avoid Paying Over $1 Million in Antidumping and Countervailing Duties - U.S. Customs & Border Protection
SAN JUAN, Puerto Rico – The U.S. Attorney Office for the District of Puerto Rico announced Tuesday a guilty plea from Kenneth Fleming and Akua Mosaics, Inc. (“Akua Mosaics”) to a conspiracy to smuggle goods to avoid paying antidumping duties of approximately 330.69%, countervailing duties of approximately 358.81%, and other duties of approximately 25% which were owed when importing these tiles from Peoples Republic of China to the United States.
Akua Mosaics, a Juncos, Puerto Rico business, and its president, Kenneth Fleming, conspired to defraud the United States by smuggling and clandestinely importing porcelain mosaic tiles manufactured in the People’s Republic of China (PRC), by falsely representing to U.S. Customs and Border Protection that said merchandise was of Malaysian origin.
The CBP San Juan Field Office and Homeland Security Investigation’s (HSI) San Juan Global Trade Investigations Group (GTIG) partnered in the investigation of this case.
Fleming and Akua Mosaics conspired with Shuyi Mo, a citizen and resident of PRC. Between October 2021 and January 2022, these caused a container with porcelain tiles manufactured in PRC to be shipped from PRC to Malaysia. They caused “Made in Malaysia” labels to be placed on boxes containing porcelain tiles manufactured in PRC and then caused a container with porcelain tiles manufactured in PRC to be shipped from Malaysia to Puerto Rico misrepresenting the country of origin as Malaysia, when in fact, PRC was the country of origin. The total amount of unpaid duties and tariffs on this shipment was approximately $1,090,000.
Mo was arrested on April 29, 2023, in the Northern District of California while attempting to the leave the United States. Mo pleaded guilty on to his participation in the conspiracy and was sentenced on September 1, 2023, to the approximately four-month term of imprisonment he had served and was removed from the United States.
Fleming and Akua Mosaics face a maximum penalty of five years in prison, a $250,000 fine, a three-year term of supervised release, and a payment of $1,090,000 in restitution.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Antidumping and Countervailing Duties (AD/CVD) is one of CBP’s Priority Trade Issues. CBP seeks to detect and deter circumvention of the AD/CVD law, to liquidate final duties timely and accurately, while at the same time facilitating legitimate trade.
AD and CVD duties are intended to offset the value of dumping and/or subsidization, thereby leveling the playing field for domestic industries injured by such unfairly traded imports.
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Biden-Harris Administration Announces New Milestone in First-of-its-Kind Supply Chain Initiative - Department of Transportation
Recent analysis shows that supply chain improvements and reduced shipping costs have resulted in more than 80 percent of reduction in inflation in the U.S. economy.
WASHINGTON (3/20/24) – On the second anniversary of the launch of the Freight Logistics Optimizations Works (FLOW) initiative, the U.S. Department of Transportation (DOT) today announced that the FLOW platform has begun to publish data on inland freight hubs, including rail terminal and warehouse end destination data, that will enable FLOW members to have an enhanced view of future container import volumes and traffic. This data will help inform capacity decisions and avoid supply chain challenges, such as delays, for FLOW participants that will ultimately help lower costs for consumers. FLOW is a first-of-its-kind private-public partnership created and led by DOT that creates a more complete, shared picture of the U.S. supply chain for members, which include the nation’s busiest container ports, major ocean carriers, and some of the largest retail importers.
In February 2021, President Biden ordered a whole-of-government approach to tackle supply chain disruptions brought on by the COVID-19 pandemic. The Administration’s steady efforts to improve supply chains in the short-, medium-, and long-term have lowered costs for consumers and lowered inflation across the economy. A recent analysis from the White House Council of Economic Advisors found that supply chains normalizing in some form explain more than 80% of the disinflation the U.S. has experienced since 2022.
“Two years ago, we launched FLOW, the first public-private platform of its kind to share data on supply chains in order to help goods move quickly and cheaply,” said U.S. Transportation Secretary Pete Buttigieg. “The Biden-Harris Administration's efforts to strengthen American supply chains have helped reduce inflation from pandemic peaks - and today, with the expansion of FLOW, we expect to see even greater benefits to American families and businesses.”
FLOW complements work happening across DOT to invest in supply chains through President Biden’s Bipartisan Infrastructure Law (BIL). Earlier this month, the U.S. Maritime Administration announced that $450 million from BIL is available through the Port Infrastructure Development Program (PIDP), part of the historic $17 billion included in the infrastructure law specifically to strengthen coastal and inland waterway ports. In January, DOT announced nearly $5 billion in grants to build or repair infrastructure projects that will ease trucking bottlenecks and improve the movement of freight across the country.
DOT and supply chain stakeholders are applying lessons learned from the pandemic-caused disruptions as it helps manage changes in freight traffic resulting from the reckless Houthi attacks against vessels in the Red Sea, as well as the reduction of traffic in the Panama Canal due to drought conditions. Secretary Buttigieg has met with mariners, ocean carriers, ports, and other industry leaders to discuss the ongoing situation in the Red Sea and its impact on shipping and the freedom of navigation. The Department has held regular listening sessions with the freight industry and mariners since the Houthi attacks began last year and have worked with FLOW participants to leverage data on shifting traffic caused by the ensuing disruptions. Earlier this year, Deputy Secretary Polly Trottenberg traveled to Panama to underscore the importance of building resilient global supply chains and discuss the impact of the drought in the Panama Canal on international commerce.
How FLOW Works
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CPSC Warns Consumers to Immediately Stop Using Angostura Water Beads Due to Chemical Toxicity Hazard, Violation of Federal Ban of Hazardous Substances; Sold on Amazon.com - Consumer Product Safety Commission
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is warning consumers to immediately stop using Jangostor Large Water Beads. The large water beads contain levels of acrylamide in violation of the Federal Hazardous Substances Act. If one of these large water beads is ingested, it can pose a risk of toxicity to children, causing adverse health effects.
CPSC is also aware of two incidents in which two-year-old children each required surgery to remove Jangostor Water Beads after ingesting them. Ingested water beads can grow inside the body. This can cause severe discomfort, vomiting, dehydration, intestinal blockages, or life-threatening injuries that can require surgery to remove the water beads.
Jangostor, located in China, has not agreed to an acceptable recall. Consumers who purchased the product will receive this notice directly.
The Jangostor Large Water Bead sets were sold online at Amazon.com from March 2017 through November 2023 for about $10. The product comes in two sizes: a bottle containing 11 ounces of large water beads, and a bag containing 3.5 ounces of large water beads. The large water beads are partially hydrated and come in eight colors: red, orange, yellow, green, blue, purple, pink and clear. The front of the packaging is yellow with “Jangostor” and “Large water beads” printed on the top left. The estimated number of pieces is printed on the left side in a red box; “Just add water” and “BOUNCY, Squishy, & Beautiful” are printed in a green box. “Made is China” is printed on a white sticker on the back of the container and the bag.
CPSC urges consumers to stop using Jangostor Large Water Beads immediately and dispose of the product in the trash.
Report any incidents involving injury or product defect to CPSC at www.SaferProducts.gov.
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Justice Department Sues Apple for Monopolizing Smartphone Markets - DOJ
Apple’s Broad-Based, Exclusionary Conduct Makes It Harder for Americans to Switch Smartphones, Undermines Innovation for Apps, Products, and Services, and Imposes Extraordinary Costs on Developers, Businesses, and Consumers
The Justice Department, joined by 16 other state and district attorneys general, filed a civil antitrust lawsuit against Apple for monopolization or attempted monopolization of smartphone markets in violation of Section 2 of the Sherman Act.
The complaint, filed in the U.S. District Court for the District of New Jersey, alleges that Apple illegally maintains a monopoly over smartphones by selectively imposing contractual restrictions on, and withholding critical access points from, developers. Apple undermines apps, products, and services that would otherwise make users less reliant on the iPhone, promote interoperability, and lower costs for consumers and developers. Apple exercises its monopoly power to extract more money from consumers, developers, content creators, artists, publishers, small businesses, and merchants, among others. Through this monopolization lawsuit, the Justice Department and state Attorneys General are seeking relief to restore competition to these vital markets on behalf of the American public.
“Consumers should not have to pay higher prices because companies violate the antitrust laws,” said Attorney General Merrick B. Garland. “We allege that Apple has maintained monopoly power in the smartphone market, not simply by staying ahead of the competition on the merits, but by violating federal antitrust law. If left unchallenged, Apple will only continue to strengthen its smartphone monopoly. The Justice Department will vigorously enforce antitrust laws that protect consumers from higher prices and fewer choices. That is the Justice Department’s legal obligation and what the American people expect and deserve.”
“No matter how powerful, no matter how prominent, no matter how popular — no company is above the law,” said Deputy Attorney General Lisa Monaco. “Through today’s action, we reaffirm our unwavering commitment to that principle.”
“When corporations engage in anticompetitive conduct, the American people and our economy suffer,” said Acting Associate Attorney General Benjamin C. Mizer. “Today’s action against Apple sends a strong signal to those seeking to box out competitors and stifle innovation — that the Justice Department is committed to using every tool available to advance economic justice and root out anticompetitive practices, wherever they arise.”
“For years, Apple responded to competitive threats by imposing a series of “Whac-A-Mole” contractual rules and restrictions that have allowed Apple to extract higher prices from consumers, impose higher fees on developers and creators, and to throttle competitive alternatives from rival technologies,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Today’s lawsuit seeks to hold Apple accountable and ensure it cannot deploy the same, unlawful playbook in other vital markets.”
As alleged in the complaint, Apple has monopoly power in the smartphone and performance smartphones markets, and it uses its control over the iPhone to engage in a broad, sustained, and illegal course of conduct. This anticompetitive behavior is designed to maintain Apple’s monopoly power while extracting as much revenue as possible. The complaint alleges that Apple’s anticompetitive course of conduct has taken several forms, many of which continue to evolve today, including:
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