Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Certain Epoxy Resins from China, India, South Korea, Taiwan, and Thailand - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On April 3, 2024, the U.S. Epoxy Resin Producers Ad Hoc Coalition filed a petition for the imposition of antidumping and countervailing duties on the imports of certain Epoxy Resins from China, India, South Korea, Taiwan, and Thailand. The petition alleges dumping margins of 264.87% to 351.97% (China), 11.43% to 17.50% (India), 30.01% to 43.09% for Kukdo and 48.13% to 69.42% for Kumho (South Korea), 87.19% to 136.02% (Taiwan), and 163.94% to 205.63% (Thailand). The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.
The merchandise covered by these investigations is epoxy resins, also known as epoxide resins or polyepoxides, which are polymers or prepolymers containing epoxy groups. Epoxy resins range in physical form from low viscosity liquids to solids and are used in a wide range of applications such as coatings, paints, adhesives, composite materials, wind blade systems, insulating materials, civil engineering materials, and electronics. All epoxy resins are covered by the scope of these petitions irrespective of physical form, viscosity, grade, purity, molecular weight, or molecular structure and regardless of packaging. The petition provides additional detailed scope description and specific product exclusions.
The projected date of International Trade Commission’s Preliminary Conference is April 24, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is June 12, 2024; CVD is April 23, 2024.
Please feel free to contact one of our attorneys for further information, including a complete scope description, complete projected schedule for the AD and CVD investigations; the volume and value of imports; and list of identified foreign exporters and U.S. importers.
________________________________________________________________________________
Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Ferrosilicon from Brazil, Malaysia, the Republic of Kazakhstan, and the Russian Federation - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On March 28, 2024, CC Metals and Alloys, LLC (“CCMA”) and Ferroglobe USA, Inc. (“Ferroglobe”) filed a petition for the imposition of antidumping and countervailing duties on the imports of Ferrosilicon from Brazil, Malaysia, the Republic of Kazakhstan, and the Russian Federation. The petition alleges dumping margins of 20.00% (Brazil), 212.49% (Kazakhstan), 162.59% (Malaysia), and 143.03% (Russia). The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.
The merchandise covered by these investigations is all forms and sizes of ferrosilicon, regardless of grade, including ferrosilicon briquettes. Ferrosilicon is a ferroalloy containing by weight four percent or more iron, more than eight percent but not more than 96 percent silicon, three percent or less phosphorus, 30 percent or less manganese, less than three percent magnesium, and 10 percent or less any other element. The merchandise covered also includes product described as slag, if the product meets these specifications. The petition provides additional detailed scope description and specific product exclusions.
The projected date of International Trade Commission’s Preliminary Conference is April 18, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is June 6, 2024; CVD is April 17, 2024.
Please feel free to contact one of our attorneys for further information, including a complete scope description, complete projected schedule for the AD and CVD investigations; the volume and value of imports; and list of identified foreign exporters and U.S. importers.
________________________________________________________________________________
Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Utility Scale Wind Towers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022; Correction
• Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
• Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part
• Frozen Warmwater Shrimp From Ecuador: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With the Final Antidumping Duty Determination
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Frozen Warmwater Shrimp From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
• Carbon and Certain Alloy Steel Wire Rod From Mexico: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2021-2022
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Dioctyl Terephthalate (“DOTP”) From Malaysia, Poland, Taiwan, and Turkey; Notice of Institution of Antidumping Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Utility Scale Wind Towers From China and Vietnam; Institution of Five-Year Reviews
• Cast Iron Soil Pipe From China; Institution of Five-Year Reviews
• Steel Wheels From China; Institution of Five-Year Reviews
• Certain Aerosol Fire Extinguishing Technology, Components Thereof, and Products Containing Same; Notice of Institution of Investigation
• Large Residential Washers From Mexico; Institution of a Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Frozen Warmwater Shrimp From Ecuador: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With the Final Antidumping Duty Determination
• Antidumping Duty Order on Prestressed Concrete Steel Wire Strand From Mexico: Preliminary Affirmative Determination of Circumvention
• Stainless Steel Sheet and Strip in Coils From the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
• Citric Acid and Certain Citrate Salts From Belgium: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof; Notice of Request for Submissions on the Public InterestAntidumping or Countervailing Duty Investigations, Orders, or Reviews: Granular Polytetrafluoroethylene Resin From India: Preliminary Results of Antidumping Duty Administrative Review
• Certain Collated Steel Staples From the People's Republic of China: Preliminary Determination of No Shipments and Partial Rescission of Administrative Review; 2022-2023
• Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of Scope Ruling
• Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2022-2023
• Pentafluoroethane (R-125) From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2023
• Carbon and Alloy Steel Threaded Rod From the People's Republic of China: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review; 2022
• Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2022
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ferrosilicon From Brazil, Kazakhstan, Malaysia, and Russia; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Medical Programmers With Printed Circuit Boards, Components Thereof, and Products and Systems for Use With the Same; Notice of Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Forged Steel Fittings From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Rubber Bands From China and Thailand; Notice of Termination of Five-Year Reviews
• Melamine From Germany, India, Japan, Netherlands, Qatar, and Trinidad and Tobago; Determinations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain New Pneumatic Off-The-Road Tires From India: Preliminary Results of Countervailing Duty Administrative Review; 2022
• Certain Uncoated Paper From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Certain New Pneumatic Off-the-Road Tires From India: Preliminary Results and Partial Recission of Antidumping Duty Administrative Review; 2022-2023
• Certain Uncoated Paper From Portugal: Preliminary Results of the Administrative Review of the Antidumping Duty Order; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Fine Denier Polyester Staple Fiber From China, India, South Korea, and Taiwan
• Xanthan Gum From China; Determination
________________________________________________________________________________
CBP, FDA Partner to Improve Supply Chain Traceability - Customs & Border Protection
PHILADELPHIA – U.S. Customs and Border Protection (CBP) announced a partnership with the Food and Drug Administration (FDA) to expand the focus of the Global Business Identifier (GBI) Test.
The expanded test will explore how identifiers − unique numbers that capture information about legal business entities and their functions − can be leveraged to address a range of supply chain traceability needs for government and industry.
“CBP will work jointly with the FDA to explore how identifiers could be leveraged to enable coordination and harmonized decision making across the U.S. government,” said Senior Official Performing the Duties of the Commissioner Troy A. Miller. “This could enhance predictability, lower costs, and create the opportunity for additional facilitation benefits for compliant trade.”
In keeping with the initial goals of the GBI Test, CBP will also continue to assess the functionality and effectiveness of identifiers to address data gaps caused by CBP’s Manufacturing/Shipper Identifier (MID) requirement.
“Traceability is key to the FDA’s mission," said FDA Assistant Commissioner for Import Operations Dan Solis. "It enables us to leverage verifiable information at the supply chain level to identify risk and make admissibility decisions—ensuring the food, medicine, and other FDA-regulated goods entering the United States are safe and get to those who need them as quickly as possible."
CBP has already taken steps toward expanding the scope of the GBI Test. In February 2024, the agency issued a Federal Register Notice relaying modifications intended to promote participation in the GBI Test, including extending the test for three more years and removing commodity and country of origin limitations on the types of entries permitted to be evaluated under the test. The agency continues to welcome participants who wish to voluntarily transmit GBI data with their entry filings in exchange for the opportunity to share feedback with CBP and inform the ongoing evolution of the GBI Test, including potential benefits for GBI filers.
More information on the GBI Test, including instructions on how to participate, is available on CBP’s GBI Test webpage.
________________________________________________________________________________
CSMS # 59984132 - CBP Operational Updates in the Port of Baltimore - U.S. Customs & Border Protection
Pertaining to cargo, vessels arriving with cargo intended for unloading in Baltimore may consider proceeding to a different U.S. port until further notice. Vessel arrival notices and manifest updates, including updating the port of unlading, would be required.
Vessels already in the Port of Baltimore with cargo destined for subsequent U.S. ports will need to consider whether to hold the cargo onboard or discharge the cargo in Baltimore. For cargo not originally intended for Baltimore, manifests will need to be updated and either entry or in-bonds filed to move the cargo from Baltimore via truck or rail to the subsequent destination.
For export cargo, vessel agents/operators will need to determine if unloading cargo from the vessel would be preferred and feasible. Export carriers are allowed to submit export manifest post departure. Carriers are required to submit their export documents, either 1302A or EEM, from the updated port. For affected EEI submissions, the port and date of export would need to be updated.
For U.S. origin cargo, additional approvals related to the Jones Act are required.
To avoid delays with perishable and other agricultural cargo, importers and Customs Brokers importing Agriculture cargo under a USDA import permit are encouraged to review their import permits as they may need to contact the USDA Permit Unit to update the approved arrival ports.
________________________________________________________________________________
CBP Announces Trusted Traveler Programs Fee Changes - U.S. Customs & Border Protection
WASHINGTON – U.S. Customs and Border Protection (CBP) announced today an upcoming fee change for some of its most popular Trusted Traveler Programs (TTP).
On April 2, a final rule was published in the Federal Register, harmonizing the fees for the NEXUS, Global Entry, and SENTRI programs, better reflecting the program costs. The new fees, which have not been updated in over 15 years, will go into effect October 1, 2024. As these programs have matured and expanded, updating the fee structures is critical to the continuation and management of the programs.
Once the rule goes into effect, applicants under the age of 18 will be exempt from the application fee when a parent or legal guardian is already a member of, or concurrently applying for NEXUS, SENTRI, or Global Entry. SENTRI, which allows expedited clearance for pre-approved, low-risk travelers entering the United States using dedicated primary lanes at Southern land border ports, will move from an “a la carte” fee structure to a uniform fee of $120, which will be collected in full when each application is submitted. The fees for NEXUS, a joint program managed by CBP and Canada Border Services Agency (CBSA) that allows dedicated processing between the U.S. and Canada, will increase from $50 to $120, and Global Entry fees will increase from $100 to $120.
TTP supports CBP’s mission of securing U.S. borders while facilitating lawful travel and trade. Travelers must be pre-approved for TTP. All applicants undergo rigorous and recurring background checks and an in-person interview before enrollment. While a key goal of the programs is to expedite travelers through the process, members may still be selected for further examination when entering the United States. To maintain a strict standard in establishing TTP members as low-risk travelers, any violation of a program’s terms and conditions will result in the appropriate enforcement action and termination of the traveler’s membership privileges.
For more information on TTP, follow @CBP or visit ttp.dhs.gov.
________________________________________________________________________________
364 Pieces of Counterfeit Jewelry Seized by Minneapolis CBP - U.S. Customs & Border Protection
MINNEAPOLIS – U.S. Customs and Border Protection (CBP) officers at Minneapolis-St. Paul’s Express Consignment Facility intercepted a shipment filled with 364 pieces of counterfeit designer bracelets, earring, rings, and necklaces on April 2.
The shipment arrived from Hong Kong and contained jewelry bearing the trademarks of famous luxury brands, including: 124 bracelets bearing the logos of Hermes, Louis Vuitton, Gucci, Cartier, and Chanel; 96 pairs of earrings bearing the logos of Tory Burch, Chanel, Louis Vuitton, and Gucci; 84 necklaces bearing the logos of Louis Vuitton, Chanel, and Gucci; and 60 rings bearing the logos of Louis Vuitton, Dior, Chanel, and Gucci. The items were seized for infringing on the designer’s protected trademarks recorded with CBP.
Officers were able to determine these items bore counterfeit marks as the shipment was mis-manifested, the merchandise was of poor quality, lacked labels, and had incorrect packaging. The shipment was heading to a residence in Hutchinson and had the items been real, the MSRP for these products would have been over $482,000.
“This just goes to show you how criminals are using express consignment facilities to ship their items to unsuspecting consumers damaging our economy,” said LaFonda D. Sutton-Burke, Director, Field Operations-Chicago Field Office. “I want to congratulate our officers for their outstanding job. CBP is the first line of defense, and we will continue to protect the safety of consumers.”
The illicit trafficking of counterfeit goods offers criminals a complementary source of income and a way through which they can launder money. Additionally, monies received from the sale of counterfeit products can be channeled towards the further production of fake goods or other illicit activities. Additionally, counterfeiting is a hugely profitable business, with criminals relying on the continued high demand for cheap goods coupled with low production costs.
In FY23, CBP seized 19,522 shipments with intellectual property rights (IPR) violations for a total of nearly 23 million counterfeit items. If the seized products were genuine, their total MSRP would be valued at $2.4 billion. CBP protects citizens from unsafe and substandard products by seizing merchandise infringing on trademarks and copyrights recorded with CBP through the e-Recordation program https://iprr.cbp.gov/s/. CBP has established an educational initiative to raise consumer awareness about the consequences and dangers often associated with the purchase of counterfeit and pirated goods. Information about the Truth Behind Counterfeits public awareness campaign can be found at https://www.cbp.gov/FakeGoodsRealDangers.