Monthly Archives: July 2019

Trump rallies in Wisconsin for USCMA support.

July 13, 2019 By in United States-Mexico Trade Agreement, USMCA Tags: , , , , , , Leave a comment
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According to the Associated Press, President Donald Trump had a rally in Wisconsin to promote his trade deal with Mexico and Canada, known as the United States-Mexico-Canada Agreement (USMCA). Trump was the first Republican to win Wisconsin since Ronald Reagan in 1984 and recent polling indicates Wisconsin is another battleground state in 2020.

Wisonsin exports $31 million worth of goods to Canada and $15.2 million worth of goods to Mexico; importing $15.5 million in goods from Canada and $9.3 million in goods from Mexico.

The USMCA will likely be ratified in Mexico and Canada, but Congress has not yet supported ratification. Democrat Congress members want strong labor and environmental protections. The AP article said a vote was likely to be held in September at the earliest.

If you have any questions how the new USMCA will impact  your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

New antidumping investigation on utility scale wind towers from Canada, Indonesia, Korea and Vietnam.

July 12, 2019 By in ADD/CVD, Indonesia, Korea, Uncategorized, utility wind tower, wind tower Tags: , , , , , Leave a comment
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Earlier this week, Arcosa Wind Towers and Broadwind Towers, Inc (Petitioners) petitioned for an investigation on utility scale wind towers from Canada, Indonesia, Korea and Vietnam. The merchandise covered in this scope consists of certain wind towers, whether or not tapered, and sections thereof. Certain wind towers are designed to support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled.

A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower.

Wind towers and sections thereof are included within the scope whether or not they are joined with nonsubject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise.

Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections.

Merchandise covered by this investigation is currently classified in the HTSUS under subheading 7308.20.0020 or 8502.31.0000. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive.

The listed producers are CS Wind, Enercon Canada, Fabrication Delta, Marmen, Kenertec, Korindo Wind, Dongkuk S&C, Speco, Win&P, Ltd., CS WIND Vietnam Co., Ltd, Vina Halla Industrial Company, UBI Tower Sole Member Co. LTD.

If you are a manufacturer or importer of utility scale wind towers and want to know your options, contact David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com. Time is of the essence in antidumping investigations so you need to act soon.

US Mexico tomato dispute – US demands 100% review of all tomatoes within 72 hours of shipment.

July 12, 2019 By in ADD/CVD, Mexico tomatoes, Uncategorized Tags: , , , , Leave a comment
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According to publimetro.com.mx, the Secretary of Economy of Mexico, Graciela Marquez claims the US is inflexible in their demand to review 100% of tomato shipments at the border within 72 hours. The Mexican Government claims the US does not have enough man power to process the tomatoes.

The current tomato dispute stems began in 1996, when tomato growers in Florida initiated antidumping investigations against Mexican tomato exports. A deal was reached in November 1996 between Mexican growers and the Department of Commerce that led to the suspending of the investigation. The suspension was renewed in 2002, 2008 and 2013. However, earlier this year, Florida tomato growers complained the Mexican growers were violating their end of the deal. Since May of 2019, Mexican tomato exporters have had to pay a countervailing duty rate of 17.5% before the tomatoes can be exported into the United States.

The final determination will be issued on September 19, 2019 followed by a final determination regarding the damages to the industry due on November 1, 2019.

Mexico is the world’s largest tomato exporter in 2018, with external sales of $2.3 billion dollars of which 99.7% of its exports are to the US.

Canadian sofa bed manufacturer no longer shipping to US due to 1,732% duties on Chinese mattresses.

July 12, 2019 By in ADD/CVD, mattress, Uncategorized Tags: , , , , , , , , Leave a comment
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According to a news article from the vancouverisawesome.com webasite, a Vancouver-based company has cancelled shipping their sofa beds into the US due to the 1,732% antidumping duty on Chinese mattresses that are used in their sofa beds. The U.S. Department of Commerce in May dumping rates of 34% to 75% for some Chinese manufacturers with an “all others” rate of 1,732%.

The company claims their sofa beds costing $600 will cost $113,000 due to the tariffs because the sofa beds include the mattress.

Fortunately the company does not only sell beds, and can rely on their Canadian made products. In fact, being made in Canada will probably make this company more competitive than their competitors who rely on Chinese imports for other goods that are likely covered under Lists 1-3 and a potential List 4.

The Commerce Department has set October 11, 2019 as the announcement date for their final decision on antidumping duties for mattresses imported from China.

If you have questions on how this or any other antidumping duty or countervailing duty will impact you and your business, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

France imposes 3% tax on US technology companies.

July 12, 2019 By in France, Import, Uncategorized Tags: , , Leave a comment
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On January 11th, the French Senate and National Assembly passed a 3% tax that will impact American technology firms such as Google and Facebook. In response, the US Trade Representative Robert Lighthizer said the US Office of the Trade Representative will start their own investigation to determine whether the French bill is discriminatory or unreasonable and burdens or restricts US commerce.

An investigation may result in retaliatory tariffs on French goods such as wine, cheese and perfume. In fact, Trump in the past has hinted at placing tariffs on French wine since France places higher tariffs on imports than the US does. CNBC reports France exported $3.6 billion in wine to the US in 2018, making America France’s largest export market.

CBP Seizes $253k in Counterfeit Edison speakers from China.

July 12, 2019 By in Uncategorized Tags: , , , , , , Leave a comment
PHL Speakers30M 061319

Image of seized speakers, source: CBP.gov

According to a U.S. Customs and Border Protection (CBP) media release, officers seized 1,626 counterfeit Edison Professional speakers in Philadelphia earlier this week. If the Edison speakers were authentic, the manufacturer’s suggested retail price would have been approximately $253,572.

The speakers arrived in two shipments from China destined for an address in Los Angeles. CBP suspected the speakers were counterfeit because of poor packaging and markings. CBP’s Electronics Centers for Excellence and Expertise, confirmed the Bluetooth markings on the speakers were counterfeit.

My guess is these speakers were to be sold through the “white van” scams where people sell supposedly high end speakers or counterfeit speakers from a van. The pitch is that the speakers are “leftovers” from an installation and the installers were told to get rid of them.

CBP claims counterfeit goods cause revenue loss, damage the US economy and threaten the health and safety of Americans. CBP claims in 2018 over $3.7 million worth of good were seized daily for intellectual property rights (IPR) violations.

In our practice, most of the IPR are for fake markings such as the “UL” or “Bluetooth” or “USB” logos in addition to our frequent seizures of Apple and Samsung phones. Protip – if you import legos, that’s fine, but do not include the minifigure head – it will be seized.

If you have had a Customs seizure for IPR violations, contact experienced seizure attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US to impose tariffs of up to 74% on fabricated structural steel from Mexico.

July 12, 2019 By in ADD/CVD, Uncategorized Tags: , , , , , , Leave a comment
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According to Mexico News Daily, the U.S. Department of Commerce announced the results of a countervailing duty investigation found that Mexican steel exporters were subsidized by their government at rates from 0.01% to 74.01%. Besides Mexico, investigations of steel imports from China found subsidy rates of 30% to 177%. The investigation was brought by the Chicago-based American Institute of Steel Construction.

Separate investigations considered steel imports from Canada and China, and tariffs ranging from 30% to 177% will be imposed on product shipped to the United States by companies in the latter country. In Canada’s case, steel exporters were found to be receiving subsidies of less than 0.5% and no tariffs will be imposed. Imports of fabricated structural steel from Mexico totaled $622.4 milion last year.

In order to maintain competitiveness with foreign producers, the countervailing duty (CVD) rate is assesed against importers at a rate equal to the subsidy rate. One notable company subject to investigation and a 74.01% tariff is Swecomex, a subsidiary of Grupo Carso, which is owned by billionaire businessmen Carlos Slim, and Preacero Pellizzari Mexico.

The final determinations of its countervailing duty investigations will be announced on or about November 19th.

If you have any questions how these duties will impact your business, contact experienced AD/CVD attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Treasury Secretary Mnuchin urges US suppliers to seek export licenses if they want to resume sales to Huawei.

July 11, 2019 By in Huawei, Uncategorized Tags: , , , 1 Comment
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As reported by the Wall Street Journal, Treasury Secretary Steven Mnuchin asked U.S. suppliers of Huawei to apply for export licenses in order to resume sales to the Huawei. The export licenses are required as Huawei is listed on the BIS entity list.

At last month’s G20 meeting, Trump announced the ability for US companies to sell to Huawei if there was no threat to “U.S. national security”.

I just checked the BIS website and there are no published guidelines regarding products that would be eligible for a license and what components may be a threat to national security.

While both the US and China agreed to new meetings, there have also been no set dates for new face-to-face meetings.

If you need assistance applying for an export license to sell to Huawei or any other entity on the BIS list, or have questions how the Huawei ban will impact your business, contact experienced export attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

US announces clarification of Huawei ban.

July 11, 2019 By in entity list, Huawei, Uncategorized Tags: , , , , Leave a comment
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Wilbur Ross, Official Portrait

At the G-20 summit, President Trump announced that US companies could sell to Huawei. Today, the Trump administration filled in the rest of the details by announcing a relaxation of the restrictions against selling to Huawei – limited the ban only to products that are related to national security.

Yesterday, Commerce Secretary Wilbur Ross announced that that licenses would be issued to companies to sell their products to Huawei under certain conditions.

On Tuesday Wilbur Ross, the commerce secretary, said that Washington would issue licences to companies to sell their products to the Chinese telecoms equipment maker under certain conditions. The main condition being “no threat to US national security”. As Huawei is still on the BIS entity list, companies that sell products not harmful to US national security will still need to apply for a license.

If you have questions about the Huawei ban or would like to apply for an export license, contact export compliance attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

CBP seizes hatching eggs shipped from the Netherlands.

July 10, 2019 By in Uncategorized, USDA Tags: , , , , Leave a comment
HatchingEggs

Image of hatching eggs, source: cbp media release.

Earlier this month U.S. Customs and Border Protection (CBP) at the international mail facility in Miami seized 30 suspected hatching eggs. The shipment from the Netherlands is the third shipment intercepted with hatching eggs.

The shipment label identified the shipment as “Children’s Toys”, however an x-ray performed found 30 hatching eggs. Shipment of eggs is allowed, but do require an import permit. The eggs were seized due to the risk they may carry the Exotic Newcastle Disease.

If you have questions about your imports or want to be sure you have the right permits to import, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.