**Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Low Speed Personal Transportation Vehicles from the People’s Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On June 20, 2024, the American Personal Transportation Vehicle Manufacturers Coalition (“APTVMC,” “Coalition,” or “Petitioner”; the Coalition is comprised of Club Car, LLC (“Club Car”) and Textron Specialized Vehicles, Inc. (“TSV”)) filed petitions for the imposition of antidumping and countervailing duties on the imports of Low Speed Personal Transportation Vehicles from the People’s Republic of China. The petition alleges a dumping margin of 376.70% to 477.31%. The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.
The merchandise covered by this order consists of certain low speed personal transportation vehicles (CLSPTV) and subassemblies thereof, whether finished or unfinished and whether assembled or unassembled, with or without tires, wheels, seats, steering columns and steering wheels, canopies, roofs, or batteries. CLSPTVs meeting this description are generally open air vehicles with a minimum of four wheels, a steering wheel, a traditional side-by-side or in-line row seating arrangement (i.e., non- straddle), foot operated accelerator and brake pedals, and a gross vehicle weight of no greater than 5,500 pounds. The petition provides additional detailed scope description and specific product exclusions.
The projected date of the International Trade Commission’s Preliminary Conference is July 11, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is August 29, 2024; CVD is July 10, 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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Federal Register Notices:
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Components for Certain Environmentally-Protected LCD Digital Displays and Products Containing Same; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of the Countervailing Duty Administrative Review; Notice of Amended Final Results
• Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty New Shipper Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Truck and Bus Tires From Thailand; Revised Schedule for the Subject Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review
• Stilbenic Optical Brightening Agents From Taiwan and the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Sunset Reviews, Reinstatement of Antidumping Duty Orders, and Reconduction of Sunset Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Low Speed Personal Transportation Vehicles From China; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Brake Drums From China and Turkey; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Self-Balancing Electric Skateboards and Components Thereof; Notice of Issuance of a Limited Exclusion Order Against the Respondent Found in Default; Termination of Investigation
• Certain Raised Garden Beds and Components Thereof; Notice of Institution of Formal Enforcement Proceeding•
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53,700 Electronic Nicotine Delivery Systems seized by Chicago CBP - U.S. Customs & Border Protection
CHICAGO – U.S. Customs and Border Protections (CBP) officers in Chicago recently seized 53,700 electronic nicotine delivery system (ENDS) for violating the U.S Food and Drug Administration (FDA) Federal Food, Drug, and Cosmetic Act (FD&C Act). The shipment, originating from China, was destined to a wholesaler in Mississippi.
CBP and the FDA examined the vaping pens and determined the shipment violated the FD&C Act as adulterated consumer goods being imported by an unauthorized agent. On June 10, the FDA announced the creation of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes. Visit the FDA’s website to learn more information about electronic nicotine delivery systems or ENDS.
The 179 boxes were mislabeled as electronic atomizers, a common practice used to smuggle unapproved goods into the U.S. CBP presumes the products were being sent to a wholesaler for wider distribution throughout the country. CBP continues to work diligently to stop non-legitimate products from entering the U.S. The ENDs had an Manufacturer’s Suggest Retail Price of over $1.08 million.
“Our officers are dedicated to identifying and intercepting these types of shipments that could potentially harm the health and wellbeing of people within our communities,” said LaFonda D. Sutton-Burke, Direction Field Operations, Chicago Field Officer. “Customs and Border Protection’s trade enforcement mission places a significant emphasis on intercepting illicit products that could harm American consumers, and we will continue to work with our consumer product safety partners to identify and seize unsafe and illicit goods.”
CBP provides basic import information about admissibility requirements and the clearance process for e-commerce goods and encourages buyers to confirm that their purchases and the importation of those purchases comply with any state and federal import regulations.
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FMC Investigating Possible Failure to Comply with Chassis Provisioning Order - Federal Maritime Commission
The Federal Maritime Commission opened an investigation today to determine if the Ocean Carrier Equipment Management Association (OCEMA) and its members are complying with a decision issued earlier this year establishing the right of shipper and trucker choice in chassis provisioning for merchant haulage in four key U.S. markets.
The Commission initiated the non-adjudicatory investigation in response to reports that chassis providers in Los Angeles/Long Beach, Chicago, Memphis, and Savannah are not complying with a cease-and-desist order issued by the Commission on February 13, 2024, in Intermodal Motor Carriers Conference, American Trucking Associations, Inc. v. Ocean Carrier Equipment Management Association Inc, et. al (Docket No. 20-14).
The investigation will be conducted by the Commission’s Bureau of Enforcement, Investigations, and Compliance (BEIC) and will examine whether OCEMA and its members have altered their policies and practices as required by the cease-and-desist order. Non-adjudicatory investigations provide BEIC with subpoena powers as a discovery tool. Evidence of wrongdoing uncovered by BEIC may be used by the Commission to seek an injunction in federal district court. BEIC can also use any evidence of wrongdoing to initiate its own enforcement action and seek civil penalties for non-compliance with a Commission order.
Individuals with information beneficial to BEIC’s investigation, or with information of any wrongdoing by a regulated entity, are encouraged to come forward and share that information with the Commission. Please send any information to BEIC@fmc.gov or call 202-523-5783.
Retaliation against a party for making a complaint at the Commission is a separate offense of the law that carries significant penalties. The Commission will pursue any allegation of retaliatory conduct and hold offending parties fully accountable.
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Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam, Injure U.S. Industry, says USITC - US International Trade Commission
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and imports of paper shopping bags that Commerce has determined are subsidized by the governments of China and India.
Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
As a result of the Commission’s affirmative determination, Commerce will issue countervailing duty orders on imports of this product from China and India and antidumping duty orders on products imported from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam.
The Commission also made negative findings concerning critical circumstances with regard to imports of these products from Cambodia, China, India, Taiwan, and Vietnam. As a result, imports of paper shopping bags from these countries will not be subject to retroactive antidumping or countervailing duties.
The Commission’s public report Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam (Inv. Nos. 701-TA-690-691 and 731-TA-1619-1625 and 731-TA-1627 (Final), USITC Publication 5522, July 2024) will contain the views of the Commission and information developed during the investigation.
The report will be available by July 19, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
Status of proceedings, links to relevant documents, and additional information for these investigations can be found at the Commission’s Investigations Database System (IDS)
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CPSC Urges Caution while Celebrating as Fireworks Related Injuries Trend Upward - Consumer Product Safety Commission
CPSC Releases New Data on Fireworks-Related Injuries and Deaths
WASHINGTON, D.C. – It’s that time of year when Americans everywhere will be celebrating the Fourth of July holiday with family, friends and fireworks. A new report from the U.S. Consumer Product Safety Commission (CPSC) highlights the hazards posed by consumer use of fireworks. CPSC is raising awareness and sharing safety tips to prevent these types of injuries and deaths over the holiday.
For 2023, CPSC received reports of eight deaths and an estimated 9,700 injuries involving fireworks. Out of the eight deaths, five were associated with firework misuse, two with a device malfunction, and one involves unknown circumstances.
The report shows that between 2008 and 2023, injuries from fireworks have increased overall, despite recent data showing a steady decline since the peak in 2020 during the pandemic when public displays were canceled.
“While it is a great American tradition to enjoy fireworks around the 4th of July, it is important to remember that all fireworks, even sparklers, pose dangers to consumers. The safest way to view fireworks is to watch professional displays,” said CPSC Chair Alex Hoehn-Saric. “If you choose to light your own, make sure you only buy legal fireworks intended for consumer use from a reputable retailer. And follow the simple safety tips provided below and on CPSC’s website.”
To understand more about fireworks-related injuries hazards around the 4th of July, CPSC conducted an analysis of the injury data in the four weeks surrounding the holiday in 2023 and found the following:
• Teenagers ages 15 to 19 years of age had the highest estimated rate of emergency department-treated, fireworks-related injuries, with children ages 5-9 years old having the second highest rate.
• There were an estimated 800 emergency department-treated injuries associated with firecrackers and 700 with sparklers.
• The parts of the body most often injured by fireworks were hands and fingers (an estimated 35 percent of injuries) along with head, face, and ears (an estimated 22 percent).
• About 42 percent of the emergency department-treated fireworks-related injuries were for burns.
• In fiscal year 2023, approximately 18% of selected and tested fireworks products were found to contain noncompliant components, including fuse violations, the presence of prohibited chemicals and pyrotechnic materials overload.
CPSC urges consumers to celebrate safely this holiday by following these safety tips:
Tips to Celebrate Safely
• Never allow children to play with or ignite fireworks, including sparklers. Sparklers burn at temperatures of about 2,000 degrees Fahrenheit—hot enough to melt some metals.
• Make sure fireworks are legal in your area, and only purchase and set off fireworks that are labeled for consumer (not professional) use.
• Never use fireworks while impaired by alcohol or drugs.
• Keep a bucket of water or a garden hose handy, in case of fire or other mishap.
• Light fireworks one at a time, then move back quickly.
• Never try to relight or handle malfunctioning fireworks. Soak them with water and throw them away.
• Never place any part of your body directly over a fireworks device when lighting the fuse. Move to a safe distance immediately after lighting fireworks.
• Never point or throw fireworks (including sparklers) at anyone.
• After fireworks complete their burning, to prevent a trash fire, douse the spent device with plenty of water from a bucket or hose before discarding the device.
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The Specs on Specs: What eye doctors need to know about the FTC’s revised Eyeglass Rule - Federal Trade Commission
After a careful review process inviting feedback from consumers and industry members, the FTC has announced final updates to its Ophthalmic Practice Rules, also known as the Eyeglass Rule. The primary focus of the revised Rule is to increase compliance with the longstanding requirement that ophthalmologists and optometrists provide patients with a free copy of their prescription immediately following a refractive eye exam.
The FTC’s Eyeglass Rule encourages consumer choice and promotes competition in the eyeglass marketplace by requiring that immediately after any eye exam that includes a refraction, prescribers must automatically provide patients with a copy of their eyeglass prescription regardless of whether the patient asks for it. That’s been the law since 1978, but consumers have reported that some prescribers haven’t always complied with that key provision. The FTC sent warning letters to 28 practitioners in 2020 and another 37 practitioners in 2023, raising concerns about Rule compliance. In December 2022, after considering more than 800 comments on the public record, the FTC proposed updating the Rule to address – among other things – that ongoing issue. That was one of the topics on the table at a May 2023 public workshop on proposed revisions to the Rule.
You’ll want to read the revised Rule for details and consult the updated publication Complying with the Eyeglass Rule, but the just-announced changes relate to the confirmation of prescription release, proof of insurance coverage as payment, and the definition of “refractive eye examination.” One revision that consumers will notice is that ophthalmologists and optometrists who have a financial interest in selling prescription eyewear now must ask their patients to sign a statement confirming they received their prescription and must keep a record of that confirmation for at least three years. If the requirement sounds familiar, that’s because it closely tracks what prescribers already must do for contact lens prescriptions. The revised Rule gives practitioners an additional incentive to ensure patients get their eyeglass prescriptions and the simple recordkeeping step has the added benefit of making it easier for practitioners to establish that they comply with the Rule.
Complying with the Eyeglass Rule discusses the revisions in depth, using a straightforward Q&A format. The updated Buying Prescription Glasses or Contact Lenses: Your Rights discusses the changes from the patient’s perspective.
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New York Man Charged in Connection with Transnational “Grandparent Scam” Operated from Dominican Republic - U.S. Department of Justice
A federal grand jury charged a New York man for having acted as a courier for a Dominican Republic-based “grandparent scam” that targeted elderly Americans.
Victor Anthony Valdez, 39, of the Bronx, was charged with one count of wire fraud conspiracy for his role in the scam. According to the indictment, unsealed today in Newark, New Jersey, the scam operated from call centers in the Dominican Republic, making phone calls to elderly American victims purporting to be the victim’s grandchild, an attorney representing the grandchild in criminal proceedings, court personnel or other persons associated with the legal system. Coconspirators told the victims that their grandchildren had been arrested and needed cash for bail or other expenses. Once victims were convinced through lies and falsehoods, coconspirators instructed the victims to provide cash to couriers, including Valdez, who went to victims’ homes to pick up the money.
While acting as a courier for the scam between August 2020 and August 2021, Valdez is alleged to have retrieved, or attempted to retrieve, tens of thousands of dollars from defrauded victims at their homes in New York and New Jersey.
“The Justice Department’s Consumer Protection Branch and its law enforcement partners will vigorously pursue individuals who prey on vulnerable and elderly victims through fraudulent schemes,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to identify perpetrators of these schemes and prioritize the pursuit of those who deliberately target vulnerable consumers, whether located in the United States or abroad.”
“The alleged perpetrators in these scams — including this defendant — target our vulnerable senior population,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “They count on the grandparents’ love and devotion to their families in order to convince them to put up money. As alleged in this indictment, the defendant today worked as a courier, traveling to the homes of the scam victims to pick up the money. My office will protect the rights of all victims, and we will relentlessly prosecute those who allegedly target the vulnerable to cheat them out of their savings.”
“Mr. Valdez knowingly preyed upon the elderly for his own gain,” said Inspector General Gail S. Ennis for the Social Security Administration (SSA). “We appreciate our law enforcement partners joining us in investigating and prosecuting these complex, international scams aimed at defrauding elderly Americans, many of whom rely on SSA benefits to make ends meet.”
If convicted, Valdez faces a maximum penalty of 20 years in prison and a maximum fine of $250,000.
SSA’s Office of the Inspector General and Homeland Security Investigations investigated the case.
Trial Attorney Joshua Ferrentino of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Carolyn Silane for the District of Jersey are prosecuting the case.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime (OVC), can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through OVC, which can be reached at www.ovc.gov.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.