Availability of Class Action Complaints at the FMC - Federal Maritime Commission
The Federal Maritime Commission issued a policy statement today making clear it is an appropriate venue where private parties may bring class actions to resolve disputes covered by the statutes the agency administers.
The guidance yields important benefits to parties that might otherwise be hesitant to initiate legal actions at the FMC for fear of retaliation or because the amount of money in dispute may be less than the cost of litigation for an individual claimant. The availability of the class action mechanism will help create a more level playing field for private parties seeking protection from potentially unlawful conduct.
Today’s announcement is a continuation of efforts by the Commission in recent years to reduce barriers for private party litigants seeking redress of potential Shipping Act violations. The Commission issued a policy statement in December 2021 making clear that shippers’ associations and trade associations can file complaints on behalf of others alleging violations of the law. The Commission successfully implemented a process for Charge Complaints, as set out in the Ocean Shipping Reform Act of 2022 (OSRA 2022), which provide individuals with a simplified and expedited way to challenge some invoices. More than $3.5 million in fees have been voluntarily waived or refunded by common carriers through the Commission-administered Charge Complaint process since June 2022. Further, the Commission is ensuring the timely adjudication of the record number of pending proceedings that have been filed at the Commission in recent years by adding resources to the Office of the Administrative Law Judges.
Other recent policy statements of the Commission can be found here.
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Petition Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Slag Pots from the People’s Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
On December 31, 2024, WHEMCO-Steel Castings, Inc. filed a petition for the imposition of antidumping and countervailing duties on the imports of Slag Pots from the People’s Republic of China. The petition alleges dumping margins of 319.25% from China. The petition identifies certain foreign producers/exporters and U.S. importers of the investigated products.
The products within the scope of this investigation are slag pots with a nominal capacity of 65 cubic feet to 1200 cubic feet regardless of shape, form, or finish. Slag pots are load bearing devices typically formed as a curved shell designed to collect molten or solid slag generated during metallurgical or chemical processes. Slag pots are metallurgical goods typically produced either using a casting process or a fabrication process and may include a ceramic refractory coating, heat treatment or various finishes in order to handle high temperature slag. Please see the petition for a more detailed description of the covered merchandise and exclusions.
The projected date of the International Trade Commission’s Preliminary Conference is January 22, 2025. The earliest theoretical date for retroactive suspension of liquidation for AD is March 12, 2025; CVD is January 21, 2025.
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:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Nails From the United Arab Emirates: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
• Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes From Mexico: Final Results of the 2021-2022 Administrative Review
• Certain Steel Nails From the Sultanate of Oman: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Court Decision Not in Harmony with the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results
• Silicomanganese From India: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
• Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review; 2022
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Glass Wine Bottles From Chile: Termination of Less-Than-Fair-Value Investigation
• Disposable Aluminum Containers, Pans, Trays, and Lids From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 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
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Dermatological Treatment Devices and Components Thereof; Notice of Request for Submissions on the Public Interest
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
• Circular Welded Carbon-Quality Steel Pipe From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
• Investigations; Determinations, Modifications, and Rulings, etc.: Steel Propane Cylinders From China and Thailand; Scheduling of Full Five-Year Reviews
• Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan; Scheduling of an Expedited Five-Year Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Finished Carbon Steel Flanges From India: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Corrosion Inhibitors From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2023-2024
• Overhead Door Counterbalance Torsion Springs From India and the People's Republic of China: Postponement of Preliminary Determinations in the Countervailing Duty Investigations
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Glass Wine Bottles From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review
• Welded Large Diameter Line Pipe From Japan: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order
• Certain Circular Welded Carbon-Quality Steel Line Pipe From the People's Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order
• Forged Steel Fluid End Blocks From Germany: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order
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CPSC Secures Agreement with Apple for Enhanced Warnings to Protect Children from Hazards of Battery Ingestion; Apple Takes Action to Address Labeling Violations on AirTags - U.S. Consumer Product Safety Commission
WASHINGTON, D.C. – Today the Office of Compliance and Field Operations of the U.S. Consumer Product Safety Commission (CPSC) issued a Notice of Violation to Apple, Inc. concerning Apple AirTags, alleging violations of the warning label requirements of Reese’s Law. Reese’s Law and CPSC regulations that implement it establish performance and warning label requirements for consumer products with button cell or coin batteries, to protect children from life threatening ingestion.
Apple’s AirTag, a popular tracking device, met the performance requirements for securing the AirTag’s lithium coin cell battery; however, the units imported after the March 19, 2024, effective date of Reese’s Law did not have the required on-product and on-box warnings concerning the severe risk of injury from battery ingestion if these small batteries are not kept out of reach of children.
Apple has now included a warning symbol inside the battery compartment and changed its box to include required warning statements and symbols. Because a number of violative units have been sold to consumers, and to assist consumers in the future, Apple has updated the instructions that appear in the Find My app each time a user is prompted to change the AirTag battery to now include a warning about the hazards of button and coin cell batteries.
CPSC reminds all manufacturers, importers, distributors, and retailers that failure to comply with Reese’s Law could result in enforcement action. Section 15(b) of the Consumer Product Safety Act requires manufacturers, importers, distributors and retailers of consumer products or any other products or substances over which the Commission has jurisdiction to report immediately to the CPSC when they obtain information which reasonably supports the conclusion that such products distributed in commerce fail to comply with an applicable consumer product safety rule or any other rule, regulation, standard or ban enforced by the Commission.
Manufacturers can find more information on compliance in Button Cell and Coin Battery Business Guidance | CPSC.gov.
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Justice Department Issues Final Rule Addressing Threat Posed by Foreign Adversaries’ Access to Americans’ Sensitive Personal Data - Department of Justice
Final Rule Implements Executive Order to Prevent Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Russia, Iran, China and Other Countries of Concern
Note: View the fact sheet here.
WASHINGTON – Today, the Justice Department issued a comprehensive final rule carrying out Executive Order (E.O.) 14117 “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The E.O. charged the Justice Department with establishing and implementing a new regulatory program to address the urgent and extraordinary national security threat posed by the continuing efforts of countries of concern (and covered persons that they can leverage) to access and exploit Americans’ bulk sensitive personal data and certain U.S. Government-related data. The Final Rule will take effect 90 days from the date of the Final Rule’s publication, with certain affirmative due diligence, reporting, and auditing requirements taking effect 270 days after publication.
“This final rule is a crucial step forward in addressing the extraordinary national security threat posed of our adversaries exploiting Americans' most sensitive personal data,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This powerful new national-security program is designed to ensure that Americans' personal data is no longer permitted to be sold to hostile foreign powers, whether through outright purchase or other means of commercial access.”
The Final Rule implements the E.O. by promulgating generally applicable rules for certain categories of data transactions that pose an unacceptable risk to the national security of the United States. As described in the E.O., countries of concern and covered persons can use their access to this data to engage in malicious cyber-enabled activities and malign foreign influence activities, bolster their military capabilities, and track and build profiles on U.S. persons (including members of the military and U.S. Intelligence Community, as well as other Federal employees and contractors) for illicit purposes such as blackmail, coercion, and espionage, and to bolster their military capabilities. Countries of concern and covered persons can also exploit this data to collect information on activists, academics, journalists, dissidents, political opponents, or members of nongovernmental organizations or marginalized communities to intimidate them; curb political opposition; limit freedoms of expression, peaceful assembly, or association; or enable other forms of suppression of civil liberties.
The Final Rule reflects the risk highlighted in the E.O. that the vulnerability of Americans’ bulk sensitive data is exacerbated because countries of concern are increasingly using bulk sensitive personal data to develop and enhance artificial intelligence (AI) capabilities and algorithms that, in turn, enable the use of large datasets in increasingly sophisticated and effective ways to the detriment of U.S. national security. Countries of concern can use AI in conjunction with multiple unrelated data sets, for example, to identify U.S. persons whose links to the federal government would be otherwise obscured in a single dataset and who can then be targeted for espionage or blackmail.
Among other things, the Final Rule identifies countries of concern and covered persons to whom the Final Rule applies, and designates classes of prohibited, restricted, and exempt transactions. The Final Rule establishes bulk thresholds for certain sensitive personal data, including human ‘omic data, biometric identifiers, precise geolocation data, personal health data, personal financial data, and certain covered personal identifiers. The Final Rule also prescribes processes to obtain licenses authorizing otherwise prohibited or restricted transactions; protocols for the designation of covered persons; and provides advisory opinions, and recordkeeping, reporting, and other due diligence obligations for covered transactions.
The Final Rule is consistent with the United States’ commitment to promoting an open, global, interoperable, reliable, and secure internet; protecting human rights online and offline; supporting a vibrant, global economy by promoting cross-border data flows that are required to enable international commerce and trade; and facilitating open investment. Notably, the Final Rule does not impose generalized data localization requirements regarding the physical or electronic storage of Americans’ bulk sensitive personal data or U.S. Government-related data, nor does it require locating computing facilities within the United States to process such data. The Final Rule does not prohibit U.S. persons from conducting medical, scientific, or other research in countries of concern, or from partnering or collaborating with covered persons to share data to conduct researching, if that activity does not involve the exchange of payment or other consideration as part of a covered data transaction. The Final Rule also does not broadly prohibit U.S. persons from engaging in commercial transactions, including exchanging financial and other data as part of the sale of commercial goods and services with countries of concern or covered persons, or impose measures aimed at a broader decoupling of the substantial consumer, economic, scientific, and trade relationships that the United States has with other countries.
The Final Rule further exempts several classes of data transactions from the scope of its prohibitions and restrictions, including personal communications and certain financial services transactions, corporate group transactions, transactions authorized by Federal law and international agreements, investment agreements subject to a Committee on Foreign Investment in the United States (CFIUS) action, telecommunication services, biological product and medical device authorizations, clinical investigations, and others.
The Final Rule’s prohibitions and restrictions are consistent with other access restrictions on sensitive personal data that have been imposed in other contexts, including transactions reviewed by the CFIUS and the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector (Team Telecom).
Lastly, under the Final Rule, parties engaging in vendor agreements, employment agreements, and investment agreements involving access by countries of concern or covered persons to bulk U.S. sensitive personal data or U.S. Government-related data would be restricted transactions that must comply with the separate security requirements that have been developed by the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) in coordination with the Justice Department. These security requirements include organizational and system-level requirements (such as ensuring that basic organizational cybersecurity policies, practices, and controls are in place), and data-level requirements (such as data minimization and masking, encryption, and privacy-enhancing techniques). These critical requirements will be published separately by CISA through the Federal Register and on CISA’s website.
In connection with the Final Rule, the Justice Department will publish compliance, enforcement, and other guidance, which will be located at www.justice.gov/nsd/data-security. The Department will also continue to engage with industry and other stakeholders to determine whether any wind-down licenses are appropriate as this program goes into effect. The Department also anticipates publishing information regarding the application process to seek an advisory opinion or a license for an otherwise prohibited or restricted transaction, as described generally in the Final Rule at Subpart H.
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USDOT Fines Lufthansa and Swiss for Operating Flights Carrying a U.S. Carrier’s Code in Prohibited Airspace - Department of Transportation
WASHINGTON – The U.S. Department of Transportation (DOT) today fined Deutsche Lufthansa AG (Lufthansa) $220,000 and Swiss International Air Lines AG (Swiss) $200,000 for operating flights carrying United Airlines’ designator code in regions in which a Federal Aviation Administration (FAA) flight prohibition was in effect for U.S. operators. The airlines were ordered to cease and desist from future similar violations.
An investigation by the Department’s Office of Aviation Consumer Protection (OACP) revealed that between March 2022 and April 2024, Lufthansa operated multiple flights carrying the United Airlines code in airspace prohibited by the FAA to U.S. operators. By operating these flights in this manner, Lufthansa violated the conditions of its authority to operate and engaged in air transportation without the proper DOT authority.
A separate OACP investigation revealed that between February 2022 and March 2024, Swiss operated multiple flights carrying the United Airlines code in airspace prohibited by the FAA to U.S. operators. By operating these flights in this manner, Swiss violated the conditions of its authority to operate and engaged in air transportation without the proper DOT authority.
The consent orders are available at www.regulations.gov, docket number DOT-OST-2024-0001.
For information about airline passenger rights, as well as DOT’s rules, guidance, and orders, the Department’s aviation consumer website can be found at https://www.transportation.gov/airconsumer.