Commerce Issues Preliminary Scope Determination in ADD/CVD Investigation on Aluminum Extrusions from 14 Countries - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The Department of Commerce’s preliminary determination in the antidumping duty investigation (ADD) investigations on aluminum extrusions from 14 countries was published on May 7, 2024. The scope of the investigation covers a broad array of products containing aluminum extrusions, including specific articles, components, subassemblies, and numerous downstream products. The scope also contains several exclusions from the investigation that are defined by technical parameters. Further, the scope contains a specific list of covered products if produced in China. In short, the scope of these AD/CVD investigations is complicated and can potentially reach many products containing aluminum extrusions.
Commerce’s preliminary determination implemented several revisions to the previously published scope of the case. Commerce also ruled on specific products that are included in the scope of the investigation, and specific products that are now excluded from the scope of the case. Commerce has also identified a group of products for which it requires additional information in order to make a scope determination.
Importers are strongly encouraged to carefully review their product portfolio – including potential future products – against the full scope description and the latest lists of included and excluded products, which can be found here. Note that the Harmonized Tariff System number (HTS #) is not determinative of whether a product is within the scope of this case and subject to the additional duty assessment.
Commerce has re-opened the record so that interested parties can submit additional comments and request a determination on whether specific products fall within the scope of the investigation. The deadline to submit comments, including new factual information, is 5:00 pm EDT on May 22, 2024. This presents a critical opportunity for companies to confirm that their products are excluded from the scope of the investigation and thereby minimize uncertainty. It is anticipated that any further scope decisions by Commerce will be included in the final determinations in the AD/CVD investigations, which are expected on September 19, 2024.
As a reminder, cash deposit requirements are now in effect for all imports of in-scope products entered for consumption on and after May 7. Information on deposit rates for all countries/entities is available here.
GDLSK has been actively involved in working with clients to navigate the scope issues presented by this complicated case. We are available to assist companies in reviewing their products and, if appropriate, filing comments with Commerce to seek clarification and potentially an exclusion from the investigation. If you have any questions, please feel free to contact one of our attorneys.
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CBP Issues Important Reminder on the Importation of Flowers and Other Greenery Ahead of Mother's Day - U.S. Customs & Border Protection
SAN DIEGO – Mother’s Day is just around the corner, and CBP agriculture specialists want to remind the traveling public of the restrictions on certain commodities imported from Mexico.
Mother’s Day is one of the busiest times of year for flower imports, which can carry pests and diseases that threaten U.S. agriculture and the environment. Certain flowers, greenery, potted plants, and soil are prohibited to prevent the introduction of plant diseases, invasive insects, and parasitic nematodes. By their destructiveness, invasive plant diseases and pests reduce the quality of ornamental plants and crops, and cost millions in eradication efforts and export trade restrictions.
A common cut-flower called “Chrysanthemums” from Mexico, are prohibited through the passenger ports of entry. With the current restrictions, CBP is trying to prevent funguses, such as “Chrysanthemum White Rust” from entering the United States, as this disease could put flower growers in jeopardy. Plants for propagation require a permit to enter the U.S., and soil is prohibited to prevent the introduction of soil pests. To learn more about this type of plant disease, visit Chrysanthemum White Rust.
Additionally, certain types of cut greenery that are used to fill bouquets may have pests and diseases. An example of this greenery is the Murraya, more commonly known as “orange jasmine”. Murraya is a host for Asian citrus psyllid; a dangerous pest found in citrus. If any portion of a bouquet has pests, the entire bouquet will be confiscated upon entry into the United States.
Roses, carnations, and many other flowers are allowed into the United States after they undergo inspection. However, plants for growing require a permit to be admissible, and soil cannot be imported from Mexico. Travelers must declare all flowers and plants to CBP officers. While a relatively small number of harmful pests are found among the millions of stems inspected by CBP, a single dangerous pest could cause millions of dollars of damage to our nation’s crops.
CBP recommends travelers who wish to import flowers, plant materials, and other agricultural items consult the CBP Info Center section on the CBP website before they travel.
Travelers should always declare all items they have acquired abroad to CBP officers to avoid civil or criminal penalties and reduce the risk of introducing pests and disease to the U.S. ecosystem. For more information on prohibited/restricted items, visit CBP’s Know Before You Go website.
All travelers can monitor wait times by visiting CBP’s Border Wait Time (BWT) web page or download the BWT app via Google Play or the Apple App Store.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews:Carbon and Alloy Steel Threaded Rod From India: Preliminary Results and Preliminary Rescission of Antidumping Duty Administrative Review, In Part, 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Cameras, Camera Systems, and Accessories Used Therewith; Notice of Institution of Investigation
• 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; Correction
• Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, Part; 2022
• Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of the First Expedited Sunset Review of the Countervailing Duty Order on Common Alloy Aluminum Sheet From the People's Republic of China
• Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Aluminum Extrusions From Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From the Republic of Türkiye: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From Ecuador: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Aluminum Extrusions From the United Arab Emirates: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Initiation of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Oil Country Tubular Goods From Ukraine: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement
• Investigations; Determinations, Modifications, and Rulings, etc.: Paper Shopping Bags From Turkey; Determination
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Hydrofluorocarbon Blends From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
• Certain Hot-Rolled Steel Flat Products From Japan: Final Results of Antidumping Duty Administrative Review; 2021-2022
• Certain Paper Shopping Bags From the Republic of Türkiye: Antidumping Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon Steel Flanges From Spain: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2022-2023
• Steel Concrete Reinforcing Bar From Mexico: Final Results of Antidumping Duty Administrative Review; 2021-2022
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Philadelphia CBP Officers Unspool 10k 'Xanax' Pills Creatively Concealed inside Corded Cotton - U.S. Customs & Border Protection
PHILADELPHIA – The following story was no yarn. The threads of this seizure were knitted together by people in different locations, but it was the Customs and Border Protection officers in Philadelphia who had a skein-dalous ball unspooling and counting out a huge Xanax load they seized on Friday.
In total, CBP officers seized 10,060 Alprazolam pills that were uniquely concealed inside numerous spools of yarn in a shipment from the Netherlands.
Alprazolam, of which Xanax is a known brand name, is a scheduled IV controlled substance and a commonly prescribed psychotropic medication to manage panic and anxiety disorders. Alprazolam is misused as a recreational drug, and when combined with other substances, such as alcohol, can slow breathing and possibly lead to death.
Even more concerning is the potential for FDA-unapproved pharmaceuticals to be manufactured outside of the United States with unsafe ingredients, such as fentanyl.
For this seizure, CBP officers were alerted on April 26 by CBP’s trade enforcement experts at the Baltimore Field Office who reviewed incoming cargo manifests and suspected that something may be amiss with this shipment.
Philadelphia CBP officers found the suspect shipment on the same day while inspecting express consignment parcels that arrived from overseas. Officers x-rayed the shipment and detected anomalies. Officers then opened the shipment and discovered a dozen spools of yarn that were unusually heavy.
CBP officers then unraveled the yarn which revealed stacks of 10-pill blister packs taped to the inner spool.
In total, CBP officers seized 1,006 blister packs of 1 mg dose Alprazolam, worth a street value of about $30,000.
The shipment was destined to an address in Brooklyn N.Y.
No arrests have been made. An investigation continues.
“Transnational criminal organizations take enormous steps to conceal their illicit products hoping to evade detection; however, Customs and Border Protection trade experts and officers are exceptionally skilled at identifying potentially anomalous shipments and detecting unique concealment methods,” said Tater Ortiz, CBP’s Area Port Director for the Area Port of Philadelphia.
Consumers should also be aware that pharmaceuticals purchased from unregulated manufacturers or internet sources overseas pose serious health threats. Consumers can protect themselves and their families by only buying prescription medicines from U.S. pharmacies.
CBP officers and agents seized an average of 2,895 pounds of dangerous drugs every day at and between our nation’s air, sea, and land ports of entry. See what else CBP accomplished during "a Typical Day" in 2022.
CBP's border security mission is led at our nation’s Ports of Entry by CBP officers and agriculture specialists from the Office of Field Operations. CBP screens international travelers and cargo and searches for illicit narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, invasive weeds and pests, and other illicit products that could potentially harm the American public, U.S. businesses, and our nation’s safety and economic vitality.
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Total Volume Surges in March to Surpass 700K TEUs - Port of NY/NJ - Breaking Waves
The Port of New York and New Jersey ended the first quarter of 2024 with a surge in volume, posting the most significant gains of the quarter and surpassing 700,000 TEUs for the first time in 2024. Total volume reached 701,648 TEUs (386,868 containers), a 22 percent increase from the 574,452 TEUs (321,103 containers) posted in March 2023. This increase in volume is due to manufacturing restarting overseas following the Lunar New Year holiday. This number brings the port’s first-quarter total to 2,001,449 TEUs (1,104,759 containers), a 12 percent increase from the same period in 2023.
Imports (TEUs) rose by 23.5 percent in March totaling 353,300 TEUs (195,796 containers), from 286,142 TEUs (160,253 containers) in March 2023. From January through March, the Port of New York and New Jersey imported 1,028,331 TEUs (569,160 containers), a 14.5 percent increase from the 898,437 TEUs (500,198 containers) imported in the same period of 2023.
Read further
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That Text About Overdue Toll Charges is Probably a Scam - Federal Trade Commission
When you go through a toll, you know you’ll need to pay a fee to use that road or bridge. But scammers are targeting drivers with text messages pretending to be from the tolling agency collecting “overdue toll charges.” Here’s what to know about this text scam.
The scammy text tells you to click a link to pay “overdue toll charges” to avoid late fees. But it’s probably not the tolling agency contacting you. It’s probably a scammer. Clicking the link can lead to a phishing attack, where the scammer tries to take your personal information (like your driver’s license number) — and even steal your identity. And if you pay, not only are you out the money, but the scammer gets your credit card number, too.
To spot and avoid text scams about a fake toll:
• Slow down. Don’t rush to click on links or respond to the text. Scammers want you to react quickly when they send you an unexpected text message, but it’s best to stop and check it out.
• Check with the tolling agency. If you’re worried the text is legit, check with the state’s tolling agency. But use a phone number or website you know is real — not the info from the text.
• Report unwanted text messages. Use your phone’s “report junk” option to report these unwanted texts to your messaging app or forward them to 7726 (SPAM).
• Don’t engage. Delete the message. Unwanted messages often lead to scams. Once you’ve checked it out and reported it, delete the text message. And don’t engage.
Share this information with people you know so they also can be prepared to spot and avoid the scam. And if you spot a text scam, the FTC wants to hear about it. Go to ReportFraud.ftc.gov and tell us your story.