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07

Petition for the Imposition of Antidumping Duties on Imports of Carton-Closing Staples from People's Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I. Type of Action: Antidumping Duty (“AD”): People’s Republic of China.

II. Product: The scope of this investigation is carton-closing staples. The scope description is below:

The merchandise covered by this investigation is carton-closing staples. Carton-closing staples are fastening devices used to secure or close the flaps of corrugated and solid paperboard cartons and boxes. Carton-closing staples are manufactured from steel wire and commonly have a copper-coating or a zinc (galvanized) coating. Carton-closing staples manufactured from stainless steel wire are also covered.

Carton-closing staples include stick staple products, often referred to as staple strips, and roll staple products, often referred to as coils. Stick staples are lightly cemented or lacquered together to facilitate handling and loading into stapling machines. Roll staples are taped together along their crowns.

Carton-closing staples vary by the size of the wire, the width of the crown, and the length of the leg. The leg length ranges from 0.45 inch to 1.375 inches and the crown width ranges from 1.125 inches to 1.375 inches. The size of the wire used in the production of carton-closing staples varies from 0.033 to 0.058 inch (thickness) by 0.072 to 0.096 inch (width). 13 Staples that deviate from these dimensions by 10 percent or less in any aspect are covered.

Two examples of basic carton-closing stick staples, although there are others, are the "A" staple and the "C" staple. The "A" staple has a crown of 1 3/8 inches (35 mm) and the "C" staple has a crown of 1 1/4 inches (32 mm). 14 "A" staples are produced using wire that is 0.037" x 0.092" and are available with legs that are 5/8 inch, 3/4 inch, or 7/8 inch. "C" staples are produced using wire that is 0.037" x 0.074" and are available with legs that are 5/8 inch or 3/4 inch. Roll staples are produced in the same sizes and dimensions.

All carton-closing staples meeting the physical descriptions in this scope are covered, regardless of whether they are coated, uncoated, or the type of coating, regardless of whether they are produced from steel wire or stainless steel wire, and regardless of whether they are imported in stick form or roll form.

III. HTS classifications: Carton-closing staples subject to this investigation are currently classifiable under subheadings 8305.20.00.00 and 7317 .00.65.60 of the Harmonized Tariff Schedule of the United States ("HTSUS").

IV. Date of Filing: March 31, 2017

V. Petitioners: North American Steel & Wire, Inc./ISM Enterprises

VI. Foreign Producers/Exporters - Please contact our office for a list filed with the petition

VII. US Importers named. - Please contact our office for a list filed with the petition

VIII. Alleged Dumping Margin: People’s Republic of China: 15.8% - 148.8%;

A. Projected date of ITC Preliminary Conference: April 21, 2017.  Please contact our office for a complete projected schedule for the AD investigation.

B. The earliest theoretical date for retroactive suspension of liquidation for the antidumping duty is June 9, 2017;

C. Volume and Value of Imports:  Please contact our office for a summary of the data filed with the petition

If you have questions regarding how this investigation may impact future imports of scope merchandise, or whether a particular product is within the scope of the investigation, please contact one of our attorneys.


Announcement of Initiation of Antidumping and Countervailing Duty Investigations: Silicon Metal from Australia, Brazil, Norway and Kazakhstan - US Customs & Border Protection

On March 28, 2017, the Department of Commerce (the Department) initiated its less-than-fair-value (AD) and countervailing duty (CVD) investigations on silicon metal from Australia, Brazil, Norway, and Kazakhstan (Initiation Notices). These investigations have been assigned the following case numbers: A-602-810 and C-602-811 (Australia); A-351-850 and C-351-851 (Brazil); A-403-805 (Norway); and C-834-808 (Kazakhstan).

The Scope of Merchandise covered by these investigations reads as follows:

The scope of these investigations covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2804.61.0000) is excluded from the scope of these investigations. Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.

Requirements For Submitting Comments On The Scope Of The Investigations: Please be sure to comply with all three requirements established below.

Deadline for Submitting Comments: As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on April 17, 2017, which is 20 calendar days from the signature date of the initiation notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on April 27, 2017, which ten calendar days after the initial comments deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations identified above.

Required Entry of Appearance: Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.

All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Documents excepted from the electronic submission requirements must be filed manually, (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.


New Global Ocean Carrier Alliance & Service Structure to Begin April 1, 2017  - The NY/NJ Port of Authority

Global Ocean Carrier Alliance & Service Structure to Begin April 1, 2017

Please note the following important message to the entire Port of New York and New Jersey community:

The new global ocean carrier alliance and service structure takes effect April 1, 2017.

This new structure may update the name of the service strings you do business with, and therefore could change how you track your cargo.

All customers are encouraged to verify the new service information and terminal location with their ocean carrier before dispatching trucks to the port

The port’s Terminal Information Portal System (TIPS) can also serve as a valuable resource for tracking cargo.

TIPS functionality is available to truckers, beneficial cargo owners, and other service providers through a secure login at the PortTruckPass website.

TIPS users can create a watch list for all of their cargo and automatically receive updates regardless of which terminal cargo is located at.


ITA:  Press Releases - International Trade Administration

U.S. Customs and Border Protection would like to inform the traveling public that the Neche, North Dakota Port of Entry has reopened on Tuesday, April 4th.

U.S. Highway 18 south of the Neche Port of Entry had previously been closed because of overland flooding. The North Dakota  Department of Transportation has determined the roadway to be safe and has reopened the highway for travel.

The Neche Port of Entry is open seven days a week, 8:00 a.m. to 10:00 p.m.  


FDA Recognizes DUNS Number as Acceptable for Importer Identification - Food & Drug Administration

Today, the U.S. Food and Drug Administration took a step towards ensuring the accuracy of its inventory of importers responsible for meeting the requirements of the Foreign Supplier Verification Programs (FSVP) rule.

The FDA issued guidance formally recognizing the Data Universal Numbering System (DUNS) number as an acceptable unique facility identifier (UFI) for FSVP. The identification of importers will help the FDA effectively implement, monitor compliance with, and enforce the FSVP requirements, which are designed to help ensure that imported foods meet U.S. safety standards.

The final FSVP rule, mandated by the FDA Food Safety Modernization Act (FSMA), requires that an importer provide its legal business name, electronic mailing address, and UFI recognized as acceptable by the FDA for each line entry of food product offered for importation into the United States. In the preamble to the final rule, FDA stated that it anticipated issuing guidance specifying which UFI(s) we recognize as acceptable and that we expected to recognize DUNS numbers as acceptable.

The DUNS number, assigned and managed by Dun & Bradstreet, is available free of charge to importers. It can be obtained by contacting D&B by phone at 866-705-5711, via email at govt@dnb.com, by visiting D&B’s Website or fdadunslookup.com.

The first compliance date for importers subject to the FSVP rule is May 30, 2017.


Manatee Reclassified from Endangered to Threatened as Habitat Improves and Population Expands – Existing Federal Protections Remain in Place - U.S. Fish & Wildlife Service

On the heels of Manatee Appreciation Day, the U.S. Department of the Interior announced the downlisting of the West Indian manatee from endangered to threatened. Notable increases in manatee populations and improvements in its habitat allowed the U.S. Fish and Wildlife Service (FWS) to change the species’ status under the Endangered Species Act (ESA).

The downlisting comes after diverse conservation efforts and collaborations by Florida and other manatee states, the Commonwealth of Puerto Rico, Caribbean nations, public and private organizations and citizens, there have been notable increases in manatee populations and improvements in its habitat.

“The Fish and Wildlife Service has worked hand in hand with state and local governments, businesses, industry, and countless stakeholders over many years to protect and restore a mammal that is cherished by people around the world,” said U.S. Secretary of the Interior Ryan Zinke. “Without this type of collaboration and the commitment of state and local partners, this downlisting would not have been possible.”

In its review, FWS considered the status of the West Indian manatee throughout its range, which includes the Florida manatee subspecies, found primarily in the southeastern United States, and the Antillean manatee, found in Puerto Rico, Mexico, Central America, northern South America and the Greater and Lesser Antilles (see range map). The downlisting means that the manatee is no longer considered in danger of extinction throughout all or a significant portion of its range, but is likely to become so in the foreseeable future without continued ESA protections.

Although the downlisting represents a milestone for the manatee, the agency underscored that important challenges still remain to ensuring the species’ long-term future throughout its range. As such, FWS biologists emphasized that the downlisting will not diminish any existing federal protections that will continue to play a vital role in the recovery of the species. The manatee will also continue to be protected under the Marine Mammal Protection Act.

“While there is still more work to be done to fully recover manatee populations, particularly in the Caribbean, manatee numbers are increasing and we are actively working with partners to address threats,” said Jim Kurth, the U.S. Fish and Wildlife Service’s acting director. “Today we both recognize the significant progress we have made in conserving manatee populations while reaffirming our commitment to continuing this species’ recovery and success throughout its range.”

Today’s estimated population of 6,620 Florida manatees is a dramatic turnaround from the 1970s, when just a few hundred individuals remained. Actions by the FWS, Florida Fish and Wildlife Conservation Commission (FWC), local communities, and industry on behalf of the manatee include:

  • Retrofitting water control devices such as those found at locks and levees, resulting in significant decreases in manatee fatalities.
  • Power companies working cooperatively with federal and state conservation managers to address future loss of warm water outflows where manatees winter.
  • Florida counties implementing manatee protection plans and reducing boater impacts.
  • Increasing manatee access to several Florida natural springs while establishing sanctuaries for the wintering manatees in those areas during winter cold snaps.
  • FWS working with the U.S. Coast Guard and FWC to minimize manatee collisions with vessels during high­speed marine events and other activities.
  • Fishing gear clean­up and recycling programs reducing the threat from fishing gear entanglements.
  • Rescue, rehabilitation and release efforts that help save dozens of manatees annually.

Outside the United States, manatee population and abundance estimates are less certain. There are likely as many as 6,300 Antillean manatees spread over a much broader range, from the Mexican Gulf coast to northern Brazil and the Caribbean.

Download the final decision to reclassify the West Indian manatee. Background information on the Florida and Antillean subspecies is available at http://www.fws.gov/southeast/wildlife/mammal/manatee/. Also, see the Frequently Asked Questions for additional information related to the decision.
 
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