Category Archives: ADD/CVD

Department of Commerce to raise duty rates on importations of Canadian softwood lumber.

November 28, 2021 By in ADD/CVD Tags: , , , , , , Leave a comment
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Last week, the U.S. Department of Commerce issued the final results of their second administrative reviews on anti-dumping and countervailing duty (ADD/CVD) orders regarding certain softwood lumber products from Canada.

Instead of maintaining or reducing the current duty rate of 9%, the Commerce Department decided to double the duty rate on Canadian softwood lumber to 17.9%. The new duty rates will also apply retroactively to softwood lumber imports from companies subject to the second administrative review.

If you have any questions about how the results of the administrative review will impact your business, contact David Hsu by phone/text anytime to: 832-896-6288 or by email at attorney.dave@yahoo.com.

Potential antidumping duties on tires from Korea, Taiwan, Thailand and Vietnam?

May 16, 2020 By in ADD/CVD, Korea, tires, Uncategorized Tags: , , , , , , , , , , , Leave a comment

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On May 13, 2020, The United Steelworkers (USW) union announced they were filing antidumping and countervailing duty petitions on passenger vehicle and light truck (PVLT) tires from Korea, Taiwan, Thailand and Vietnam.

The petition by the USW claims tires from the 4 countries are “dumped” into the US after being made at a much cheaper cost than can be produced by US manufacturers. Potential dumping margins listed in the petition range from as low as 33% to 217%. As you are aware, the USW previously obtained AD/CVD orders on PVLT tires from China in 2015 that led to a drastic reduction of Chinese tire imports. However, the AD/CVD orders had the indirect impact of shifting tire manufacturing to Korea, Taiwan, Thailand and Vietnam.

The full press release can be found here.

If you have any questions on how the potential antidumping and countervailing duties will impact your business, contact trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com.

Importer and company executives pay $5.2 million penalty under the FCA.

April 26, 2020 By in ADD/CVD, Attorney, DOJ, furniture, international trade, qui tam, Uncategorized, whistleblower Tags: , , , , , , , , , Leave a comment

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The DOJ recently announced a $5.2 million settlement from importer, Blue Furniture Solutions, LLC, based on alleged importation of merchandise into the United States using false descriptions and invoices that claimed the merchandise was not within the scope of the antidumping duties on wooden bedroom furniture from China.

A whistleblower under the FCA’s qui tam provisions exposed Blue Furniture Solution’s intentional misrepresentations totaling $1.7 million in antidumping payments. The US Department of Justice (DOJ) intervened under the FCA.

One year later, on April 20, 2020, the DOJ announced the $.52 million settlement – in which the company pays $4.7 million and executives pay $550,000 for personal liability. Information on this case can be found in the following: United States ex rel. University Loft Company v. Blue Furniture Solutions, LLTC et al., No. 15-CV-588-LY (W.D. Tex.). The related criminal matter appeared under the case name United States v. Zeng, No. 19-CR-64-DCN (D.S.C.).

If you believe an importer is misrepresenting their customs entry to save on AD duties, or if you are a subject of an FCA investigation, contact experienced customs and trade law attorney David Hsu at 832-896-6288 by phone or text; or email attorney.dave@yahoo.com.

Florida Tomato Exchange asks Commerce Department to reopen antidumping investigation

October 14, 2019 By in ADD/CVD, Mexico tomatoes, tomato, Uncategorized Tags: , , , , , , Leave a comment

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On Monday, the Florida Tomato Exchange requested for continuation of the antidumping investigation of fresh tomatoes from Mexico. This is surprising as the investigation was suspended on September 19, 2019, when a new suspension agreement between the Department of Commerce and Mexican growers and exporters went into effect.
The reason for the reopening of the investigation is that the Mexican tomato industry doesn’t agree with the agreement, even though they voluntarily signed the agreement last month.
While the investigation may be reopened, the suspension agreement is not automatically terminated. Once the new investigation is completed, Commerce and the International Trade Commission is tasked to determine whether or not Mexican tomatoes were dumped into the US and whether it caused injury to the US tomato industry. If there is a finding of injury, then the agreement will stay in place – if there is no finding, the agreement will be terminated.
If there is an affirmative finding, the Mexican growers have the option to withdrawal from the agreement, triggering another 90-day time frame to renegotiate before antidumping duties are imposed.
If you have any questions about this or any other antidumping and countervailing duty action, contact trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US China exchange good will measures prior to next trade talks.

September 15, 2019 By in ADD/CVD, China Initiative, Uncategorized Tags: , , , , , Leave a comment

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US and China will send mid-level negotiators to meet in a few weeks prior to higher level talks afterwards. In advance of the meetings, both sides have displayed signs of good will – for example, the US rescheduled the proposed October 1st deadline for new tariffs to take effect to October 15th, as October 1st is the 70th anniversary of the founding of the People’s Republic of China (PRC).
China on the other hand, has indicated their importers are looking to increase purchases of American agricultural products such as soybeans, pork and other farm goods.
US Trade Representative Robert Lighthizer has indicated the talks will occur sometime in October. I don’t believe an agreement can be reached – the US is using trade as a leverage against China’s ambitions to be the world leader in robotics, artificial intelligence and high tech industries (2025), along with allegations of steal trade secrets and forcing foreign firms to participate in joint ventures with required tech transfers.
If you have any questions about how the current 232 or 301 duties will impact your business, contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

US and Mexico reach deal to end tomato dispute.

August 29, 2019 By in ADD/CVD, Mexico tomatoes, Uncategorized, USMCA Tags: , , , , , Leave a comment

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According to Reuters, Mexican tomato growers and the Trump administration reached a deal to end a potential anti-dumping investigation and end a tariff dispute. The agreement means many Mexican tomato exports will be subject to U.S. border inspections, and specialty tomatoes face higher reference prices on the American marketplace.

The negotiations began back in May when the Trump administration imposed a 17.5% tariff on Mexican tomatoes after the parties did not reach an agreement.

The Commerce Department said the new deal will ensure sales do not fall below certain prices for Mexican tomatoes and allows a mechanism to audit up to 80 Mexican tomato producers per quarter, or more.

If you have any questions how the tomato deal may impact your business – contact experienced trade attorney David Hsu at dh@gjatradelaw.com or attorney.dave@yahoo.com.

Commerce Department finds dumping of refillable stainless steel kegs from Mexico.

August 15, 2019 By in ADD/CVD, stainless steel, Uncategorized Tags: , , , , , Leave a comment

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Earlier today, the U.S. Department of Commerce issued an affirmative final determination in the antidumping (AD) investigation of imports of refillable stainless steel kegs from Mexico.

Here’s a summary:

  1. Commerce found that exporters from Mexico have been selling refillable stainless steel kegs at less than fair value in the United States at a rate of 18.48 percent.
  2. After today, Commerce will instruct U.S. Customs and Border Protection to continue to collect cash deposits equal to the applicable final weighted-average dumping rate.
  3. Last year, imports of refillable stainless steel kegs from Mexico were valued at an estimated $13.4 million.
  4. The US manufacturer is the American Keg Company, LLC located in Pottstown, Pennsylvania.

So far into Trump’s administration, the Commerce Department has initiated 179 new antidumping/countervailing duty investigations – a 231% increase from the same time during the Obama administration.

The full text of the affirmative determination can be found at the following link:

https://enforcement.trade.gov/download/factsheets/factsheet-mexico-refillable-stainless-steel-kegs-ad-final-081319.pdf

If you have any questions how this new AD determination will impact your business or would like to discuss ways to reduce your AD/CVD duties, contact experienced trade attorney David Hsu at dh@gjatradelaw.com, attorney.dave@yahoo.com.

Commerce issues affirmative preliminary determination in CVD investigation of wooden cabinets and vanities.

August 10, 2019 By in ADD/CVD, cabinets, Uncategorized, vanities Tags: , , , , , , , , , , Leave a comment

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The U.S. Department of Commerce has issued affirmative preliminary determination CVD investigation of wooden cabinets and vanities from China, finding that exporters received countervailable subsidies ranging from 10.97 to 229.24 percent.
As such, Commerce will instruct CBP to start collecting cash deposits from importers of wooden cabinets and vanities from China. Last year, imports of wooden cabinets and vanities from China were valued at an estimated $4.4 billion. The final CVD determination is expected to be on or about December 17, 2019. A final injury determination will then be announced on January 30, 2020.
The announcement and preliminary rates can be found here.
If you have any questions about importing wooden cabinets and vanities, contact experienced trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.

US collected $63 billion in tariffs through June.

August 9, 2019 By in ADD/CVD, Treasury, Uncategorized Tags: , , , , , Leave a comment

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According to the Wall Street Journal, the Treasury department’s tariffs is expected to generate almost $72 billion in tariffs through June of this year. This number will likely go much higher if the “List 4” duties take effect on September 1st. On September 1st, over $300 billion in Chinese goods will be subject to a 10% tariff with a potential to increase to 25%.

Specifically, as of June 30th, the Treasury department has collected $63 billion in tariffs over the past 12 months. In contrast, prior to the trade war, the US only brought in $30 billion dollars.

The WSJ estimates the annual generated amount can be as high as $100 billion by the end of the year once the 10% duties are placed on over $300 billion worth of imported goods from China.

If you have any questions how the current 301 duties or proposed List 4 duties will impact you, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

Senator Rubio comments on the investigation of tomatoes from Mexico.

August 8, 2019 By in ADD/CVD, tomato, Uncategorized Tags: , , Leave a comment

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U.S. Senator Marco Rubio issued a statement today about the ongoing antidumping investigation on fresh tomatoes from Mexico (Inv. No. 731-TA-747).

Senator Rubio said that “U.S. tomato growers should not have to lose their livelihoods due to a deal imposed on them by their own government”, adding that the loss of livelihood happened under the previous agreement.

Also stating: “The fact remains that the Mexicans have avoided serious negotiations for well over a year, preferring to use scare tactics and inflammatory rhetoric to try to force President Trump and Secretary Ross to back down on their commitment to ensure that American tomato growers are able to fairly compete in our own domestic market.”

Key upcoming dates in this investigation:

09/03/2019: Prehearing Report
09/10/2019: Prehearing Briefs
09/19/2019 9:30 am: Hearing
09/26/2019: Posthearing Briefs
10/10/2019: Report to the Commission
10/17/2019: Record Closing
10/21/2019: Final Comments
10/23/2019: Proposed Vote
11/04/2019: Determination(s) Issued
11/04/2019: View(s) Issued
11/04/2019: End

If you have any questions about how this investigation will impact you, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

019: Report to the Commission
10/17/2019: Record Closing
10/21/2019: Final Comments
10/23/2019: Proposed Vote
11/04/2019: Determination(s) Issued
11/04/2019: View(s) Issued
11/04/2019: End

If you have any questions about how this investigation will impact you, contact experienced trade attorney David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.