Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, Imported from Cambodia, Malaysia, Thailand, and Vietnam - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On April 24, 2024, the American Alliance for Solar Manufacturing Trade Committee filed a petition for the imposition of antidumping duties (“ADD”) and countervailing duties (“CVD”) on the imports of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, that are produced in Cambodia, Malaysia, Thailand, and Vietnam (“CMTV”). The petition alleges dumping margins of 126.07% (Cambodia), 81.24% (Malaysia), 70.35% (Thailand), and 271.45% (Vietnam). The petition identifies certain foreign producers/exporters and U.S. importers of the investigated products.
The merchandise covered by these investigations is crystalline silicon photovoltaic cells produced in the subject countries, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. The petition provides additional detailed scope description and specific product exclusions. The Petition covers all modules imported into the United States, regardless of country of exportation, containing cells produced in CMTV; the Petition does not cover cells or modules already subject to other ADD/CVD Orders.
The projected date of the International Trade Commission’s Preliminary Conference is May 15, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is July 3, 2024; CVD is May 14, 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.
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Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Certain High Chrome Cast Iron Grinding Media from India - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On April 26, 2024, Magotteaux Inc. filed a petition for the imposition of antidumping and countervailing duties on the imports of Certain High Chrome Cast Iron Grinding Media from India. The petition alleges dumping margins of 53.64% (India). The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.
The merchandise covered by these investigations is chrome cast iron grinding media in spherical (“ball”) or ovoid shape, with an alloy composition of seven percent or more (≥ 7% of total mass) chromium (“Cr”) content and produced through the casting method. The petition provides additional detailed scope description and specific product exclusions.
The projected date of International Trade Commission’s Preliminary Conference is May 17, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is July 5, 2024; CVD is May 16, 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.
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Baby Walkers, Autism Balance Chairs, Baby Changing Tables, Step Stools, and Toys Seized by CBP and CPSC at LA/LB Seaport - U.S. Customs & Border Protection
Arriving from China the seized items violated U.S. Safety Standards
LOS ANGELES— U.S. Customs and Border Protection (CBP) officers, in coordination with U.S. Consumer Product Safety Commission (CPSC) compliance investigators, seized 96 baby walkers, 216 autism balance chairs, 492 baby changing tables, 196 baby/kids step stools, and 1,296 alphabet mystery box toys for failing to comply with U.S. child safety standards. The estimated domestic value of the 2,296 products seized is $79,696.
CBP officers assigned to the Los Angeles/Long Beach (LA/LB) Seaport’s Merchandise Enforcement Team intercepted four separate shipments arriving from China in late January and early February.
CBP officers discovered the suspicious items concealed in legitimate cargo. Samples of the goods were referred to CPSC compliance investigators, who after analyzing and testing, confirmed that the items violated child safety standards.
The infant walkers lacked consumer registrations, children’s product certificates, and tracking labels. The autism balance chairs violated the Consumer Product Safety Act. The changing tables were found in violation of the safety standard for baby changing products, consumer registration, children’s product certificate, and tracking label requirements.
The baby/kids step stools lacked the required children’s product certificate and tracking label. The toys failed to meet small parts requirements and were also found in violation of the Federal Hazardous Substances Act.
“CBP is committed to preventing the illegal importation of products that violate U.S. safety standards, as they have the potential to cause harm to children, our most vulnerable consumers,” said Cheryl Davies, CBP Director of Field Operations in Los Angeles. “This is an exceptional example of our long-standing strategic partnership with CPSC.”
“Federal safety standards and certification requirements are in place for children’s products because they save lives. We appreciate the work of the U.S. Customs and Border Protection in helping CPSC stop hazardous products at our nation’s ports. This important partnership is crucial to keeping consumers – and our children – safe from harmful products,” said Jim Joholske, Director, CPSC’s Office of Import Surveillance (EXIS).
EXIS works closely with CBP to identify and examine imported shipments of consumer products. As part of this effort, EXIS has co-located investigators at ports of entry who work side-by-side with CBP staff. EXIS also works to educate importers, manufacturers, and Customs brokers on CPSC’s standards and procedures.
“These seizures attest to CBP officer’s vigilance and expertise as the illicit products arrived concealed in legitimate shipments, I’m very proud of their commitment and dedication,” said Africa Bell, CBP Port Director of the LA/LB Seaport.
CPSC is one of 12 partner agencies with staff assigned to CBP’s Commercial Targeting and Analysis Center (CTAC). Based in Washington, D.C., CTAC as the operational extension of a unified U.S. Government at the Border, functions to facilitate information sharing, and leverages the collective resources of participating government agencies to prevent, deter, interdict, and investigate violations of U.S. import and export laws.
In fiscal year 2023, CBP officers at the LA/LB Seaport intercepted 344 shipments for violating U.S. health and safety regulations. Among those products were toys with small parts or lead paint that could be ingested, unsafe highchairs and cribs, highly inflammable clothing, and unsafe power strips, household lighting, and personal hygiene products.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019
• Certain Epoxy Resins From the People's Republic of China, India, the Republic of Korea, and Taiwan: Initiation of Countervailing Duty Investigations
• Sales at Less Than Fair Value; Determinations, Investigations, etc.:Certain Epoxy Resins From the People's Republic of China, India, the Republic of Korea, Taiwan, and Thailand: Initiation of Less-Than-Fair-Value Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Boltless Steel Shelving Units Prepackaged for Sale From India; Termination of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 2,4-Dichlorophenoxyacetic Acid From the People's Republic of China and India: Initiation of Countervailing Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Cambodia, Malaysia, Thailand and Vietnam; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Alkyl Phosphate Esters From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Multilayered Wood Flooring From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Welded Line Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Aluminum Lithographic Printing Plates From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination and Extension of Provisional Measures
• Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
• Alloy and Certain Carbon Steel Threaded Rod From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
• Steel Concrete Reinforcing Bar From the Republic of Türkiye: Final Results of Countervailing Duty Administrative Review; 2021
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Video Processing Devices and Products Containing the Same; Notice of a Commission Determination To Review in Part a Final Initial Determination, and on Review, To Find No Violation of Section 337; Termination of the Investigation
• Brass Rod From Brazil, India, Mexico, South Africa, and South Korea; Scheduling of the Final Phase of the Antidumping and Countervailing Duty Investigations
• Glycine From China, India, Japan, and Thailand; Institution of a Five-Year Review
• Silicomanganese From China and Ukraine; Scheduling of Full Five-Year Reviews
• Laminated Woven Sacks From Vietnam; Institution of Five-Year Reviews
• Certain Furniture Products Finished With Decorative Wood Grain Paper and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Complaint
• Circular Welded Carbon-Quality Steel Pipe From China; Institution of a Five-Year Review
• Silicomanganese From India, Kazakhstan, and Venezuela; Institution of Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Multilayered Wood Flooring From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022
• Welded Line Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Aluminum Lithographic Printing Plates From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination and Extension of Provisional Measures
• Certain Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
• Alloy and Certain Carbon Steel Threaded Rod From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
• Steel Concrete Reinforcing Bar From the Republic of Türkiye: Final Results of Countervailing Duty Administrative Review; 2021
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Video Processing Devices and Products Containing the Same; Notice of a Commission Determination To Review in Part a Final Initial Determination, and on Review, To Find No Violation of Section 337; Termination of the Investigation or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Brass Rod From Brazil, India, Mexico, South Africa, and South Korea; Scheduling of the Final Phase of the Antidumping and Countervailing Duty Investigations
• Glycine From China, India, Japan, and Thailand; Institution of a Five-Year Review
• Silicomanganese From China and Ukraine; Scheduling of Full Five-Year Reviews
• Laminated Woven Sacks From Vietnam; Institution of Five-Year Reviews
• Certain Furniture Products Finished With Decorative Wood Grain Paper and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Complaint
• Circular Welded Carbon-Quality Steel Pipe From China; Institution of a Five-Year Review
• Silicomanganese From India, Kazakhstan, and Venezuela; Institution of Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Common Alloy Aluminum Sheet From the Republic of Türkiye: Preliminary Results of the Countervailing Duty Administrative Review; 2022
• Common Alloy Aluminum Sheet From Türkiye: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Paper Shopping Bags From the Republic of Türkiye: Final Affirmative Determination of Sales at Less Than Fair Value; Correction
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Under the Digital Radar: Defending Against People’s Republic of China’s Nation-State Cyber Threats to America’s Small Businesses - CISA
For years, the Cybersecurity and Infrastructure Security Agency (CISA) has worked to defend federal, state, local tribal, and territorial governments as well as our private sector partners from malicious cyber activities emanating from the People’s Republic of China (PRC). According to the latest annual report by the Office of the Director of National Intelligence, “China remains the most active and persistent cyber threat to U.S. Government, private sector, and critical infrastructure networks.” Recently, CISA and our U.S. Government partners have seen a troubling shift: PRC nation-state cyber actors are setting their sights on U.S. critical infrastructure with an eye toward future disruption.
We are deeply concerned that the PRC is seeking the ability to disrupt the critical services that support the American people in the event of a geopolitical crisis or conflict, marking an alarming evolution in their tactics. Many critical infrastructure owners and operators either are small businesses themselves or rely on small business service providers and vendors to support their operations. This critical infrastructure is vital to ensuring the American people can rely on essential services, from water to energy, every hour of every day. The PRC aims to infiltrate those networks now in order to be ready to disrupt and degrade services at a later date, which makes the cybersecurity of critical infrastructure and small businesses a national security priority.
These threats are not theoretical; as Director Easterly said to Congress earlier this year, CISA teams have found and eradicated Chinese intrusions into critical infrastructure across multiple sectors, including aviation, energy, water and telecommunications. Through our work, CISA knows that many small and medium-sized business (SMB) owners, including those operating in these sectors, are prime targets for PRC nation-state cyber actors. Some of these victims have limited cybersecurity capabilities and provide critical services to larger organizations or key geographic locations. And what we’ve found to date is likely the tip of the iceberg.
While the scale of the PRC cyber threat can seem overwhelming, there are actionable steps that SMBs can take to manage the potential risks.
1. Report Every Cyber Incident. Every victim of a cyber incident should promptly report it to CISA, every time. We use this information to build a common understanding of how our adversaries are targeting U.S. networks and critical infrastructure. Cyber incident reporting helps us fill critical information gaps and allows us to rapidly deploy resources and help victims suffering attacks, analyze incoming reporting across sectors to spot trends, and quickly share that information with network defenders to warn other potential victims. Reporting cyber incidents quickly and effectively may reduce harm and help expedite recovery for the victim.
2. Engage with CISA Proactively. CISA offers a range of cyber and physical services across our 10 regions. We recommend every critical infrastructure entity establish a relationship with its local CISA team. To contact your region’s office, visit CISA Regions | CISA.
3. Enroll in Vulnerability Scanning. Enroll in free services, particularly the Vulnerability Scanning program, to identify and repair vulnerabilities exploited by PRC cyber actors.
4. Leverage CISA’s Resources. CISA offers free tools and resources to help SMBs protect their people, customers and investments: Small and Medium Businesses | Cybersecurity and Infrastructure Security Agency CISA.
5. Resolve to Be Resilient. Committing to resilience means doing the work up front—whether at a personal or organizational level—to be ready. It also means anticipating, preparing, and putting plans and measures in place to better withstand and recover rapidly when an incident occurs.
But the burden of securing our infrastructure should not fall on SMBs alone. Technology underpins our nation’s infrastructure and economy—it provides the necessary connectivity to fuel innovation, ideas, production, and service delivery. Unfortunately, much of our technology is dangerously insecure at the time of sale, enabling even the most basic cyber intrusions at speed and scale and putting us all at risk. That’s why technology manufacturers must assume responsibility for securing their products from the design and development phases. In line with the National Cybersecurity Strategy, CISA’s Secure by Design movement seeks to drive the adoption of the principles outlined here to ensure that technology products are designed and built in a way that reasonably protects against malicious cyber actors successfully exploiting product defects:
Read further
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Williams-Sonoma Will Pay Record $3.17 Million Civil Penalty for Violating FTC Made in USA Order - Federal Trade Commission
Company violated 2020 order by advertising multiple foreign-made products as “Made in USA”
Home products company Williams-Sonoma will be required to pay a record civil penalty of $3.175 million for violating a 2020 Federal Trade Commission order requiring the retailer to tell the truth about whether the products it sells are Made in USA.
In a complaint filed by the Department of Justice upon notification and referral from the FTC, the agency charges that Williams-Sonoma listed multiple products for sale as being “Made in USA” when in fact they were made in China and other countries. The company has agreed to a settlement that requires them to pay the civil penalty, which is the largest ever in a Made in USA case.
“Williams-Sonoma claimed its products were made in the United States even though they were made in China,” said FTC Chair Lina M. Khan. “Williams-Sonoma’s deception misled consumers and harmed honest American businesses. Today’s record-setting civil penalty makes clear that firms committing Made-in-USA fraud will not get a free pass.”
The FTC sued Williams-Sonoma in 2020, charging that the company advertised multiple product lines under its Goldtouch, Rejuvenation, Pottery Barn Teen and Pottery Barn Kids brands as being all or virtually all made in the USA when they were not. The company agreed to an FTC order that required them to stop their deceptive claims and follow Made in USA requirements.
The current complaint notes that the FTC became aware that the company was marketing mattress pads under its PBTeen brand as “Crafted in America from domestic and imported materials” when it was actually made in China. The FTC then investigated six other products the company advertised as Made in USA and found those claims were also deceptive in violation of the 2020 order.
In addition to the civil penalty, the federal court settlement also requires Williams-Sonoma to submit annual compliance certifications, and imposes a number of requirements about the claims the company makes, reinforcing requirements from the 2020 FTC order:
• Restriction on unqualified claims: Williams-Sonoma will be prohibited from making unqualified U.S.-origin claims for any product, unless it can show that the product’s final assembly or processing—and all significant processing—takes place in the U.S., and that all or virtually all ingredients or components of the product are made and sourced in them U.S.
• Requirement for qualified claims: The company is required to include in any qualified Made in USA claims a clear and conspicuous disclosure about the extent to which the product contains foreign parts, ingredients or components, or processing.
• Requirement for assembly claims: The company must also ensure, when claiming a product is assembled in the U.S., that it is last substantially transformed in the U.S., its principal assembly takes place in the U.S., and U.S. assembly operations are substantial.
The FTC is committed to ensuring that “Made in USA” claims are truthful. The FTC’s Enforcement Policy Statement on U.S. Origin Claims provides guidance on making non-deceptive “Made in USA” claims. In addition, the FTC’s Made in USA Labeling Rule went into effect on Aug. 13, 2021. Companies that violate the Rule from that date forward may be subject to civil penalties.
The Commission vote to authorize the staff to refer the complaint to the DOJ and to approve the proposed consent decree was 3-0. Commissioner Rebecca Kelly Slaughter issued a statement, joined by Chair Lina M. Khan and Commissioner Alvaro M. Bedoya. The DOJ filed the complaint and proposed consent decree in U.S. District Court for the Northern District of California. The FTC thanks Truth In Advertising.org for their assistance in this matter.
NOTE: The Commission authorizes the filing of a complaint when it has “reason to believe” that the named defendants are violating or are about to violate the law and it appears to the Commission that a proceeding is in the public interest. Consent decrees have the force of law when approved and signed by the District Court judge.
The lead staff attorney on this matter was Julia Solomon Ensor in the Bureau of Consumer Protection.
The Federal Trade Commission works to promote competition and protect and educate consumers. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.