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

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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.

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

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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.

China Commerce Ministry begins anti-dumping investigation on synthetic rubber products from the US, EU and South Korea.

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China’s Commerce Ministry said they will begin an anti-dumping investigation on imports of a synthetic rubber product from the United States, South Korea and the European Union. The investigation of ethylene propylene diene monomer rubber (EPDM) was started by the request of Jilin Petrochemical and Shanghai Sinopec Mitsui Elastomers Co. Ltd. EPDM is commonly used in electric cables and tires.

Shipments of EPDM from the US, South Korea and the EU account for about 80% of China’s overall EPDM imports.

Jilin and Shanghai Sinopec claim the prices of EPDM from the U.S., South Korea and European Union are below the prices of the product in the Chinese markets, and the dumping into China had caused harm to them.

While our firm does handle antidumping actions initiated by the US Department of Commerce, I thought it was interesting to read about China initiating an antidumping investigation on US goods.

US China Trade War impact – small Ellisville cabinet firm braces for impact of trade war.

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According to the St. Louis Post-Dispatch, a small cabinet firm in Ellisville maybe one of the victims of the ongoing trade war between the US and China. The article introduces the reader to Joe Knichel, owner of the St. Louis Cabinet Warehouse in Ellisville. He installs cabinets and frequently buys ready-to-assemble (RTA) cabinet kits from a supplier that includes doors, drawers, partitions, and hardware. Joe says the main benefit of buying an RTA kit is the time frame to complete, 2 weeks versus 4 weeks for made to order cabinets. However, in April, the U.S. International Trade commission issued a preliminary ruling that American cabinet manufacturers had been injured by Chinese imports — including imports of the kits that Knichel relies upon.

The final ruling, expected in a few months, can see tariffs added to cabinets as high as 348 percent, an amount that Joe says would likely put him out of business.

The investigation into cabinets isn’t alone – the ITC has also initiated investigations of anti-dumping on over 24 other Chinese products – such as ceramic tile and crawfish tail meat.

Joe’s example is likely just one of many examples of small businesses who rely on relatively cheap imports from China for their business. We’ll likely see a greater impact in a few months as the current inventory imported without 25% 301 duties runs out, and future imports subject to 301 duties appear on the shelves.

If you have any questions about how antidumping will impact your business, contact experienced trade attorney David Hsu by call/text: 832-896-6288 or by email at attorney.dave@yahoo.com.

American Farm Bureau Federation supports Commerce Department anti-dumping investigation of Mexican tomatoes.

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The U.S. Department of Commerce will resume anti-dumping investigations into imports of Mexican tomatoes despite a previous agreement not to.

Zippy Duvall, President of the American Farm Bureau Federation indicated an anti-dumping investigation was needed because Mexican producers have increased their market share despite an agreement to ban artificially low prices.

On February 6, 2019, the Department of Commerce notified Mexico they would withdraw from the 2013 Suspension Agreement on Fresh Tomatoes from Mexico under a clause that the signatories may withdraw from the Agreement with “ninety days written notice to the other party”. The expiration of the 90-days is May 7, 2019.

After the withdraw on May 8th, an investigation by the Department of Commerce will continue and will send notification to the International Trade Commission of its final determination.

If you are an importer of Mexican tomatoes or want to know how this may impact you, contact antidumping duty attorney David Hsu at attorney.dave@yahoo.com or by phone/text at 832.896.6288 for a no cost or obligation consultation.

U.S. Department of Commerce Finds Dumping of Imports of Fine Denier Polyester Staple Fiber from China, India, Korea, and Taiwan.

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Image of denier polyester staple fiber courtesy of the Tianjin Glory Tang Technology Co., Ltd.

According to a U.S. Department of Commerce (Commerce) news release – the Commerce Department announced the affirmative final determinations in the antidumping duty (AD) investigations of imports of fine denier polyester staple fiber from China, India, Korea, and Taiwan.

Commerce determined that exporters from China, India, Korea, and Taiwan sold fine denier polyester staple fiber in the United States at less than fair value. The dumping margins determined by Commerce are as follows:

China – 65.17 – 103.06 percent
India – 21.43 percent
Korea – 0 – 45.23 percent
Taiwan – 0 – 48.86 percent

With today’s decision, Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of fine denier polyester staple fiber from China, India, Korea, and Taiwan based on the final rates, as appropriate.

I find it ironic, one of the petitioners is Nan Ya Plastics Corporation, America – a company that previously imported fine denier polyester staple fiber.

One interested statistic in the Commerce release – the Trump administration has 114 new antidumping and countervailing duty investigations since the beginning of the administration compared to the the 64 initiations in the last 489 days of the previous administration.

If you are an importer of fine denier polyster staple fiber from China, India, Korea or Taiwan and have questions how this decision may impact your business, contact David Hsu at 832-896-6288 or by email at attorney.dave@yahoo.com.

Givens and Johnston will give an AD/CVD presentation to the HCBFFA.

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On Wednesday, May 23, 2018, Scott Johnston, James Garland Hurst and Luis Arandia of Givens and Johnston, PLLC will present a half-day program regarding Anti Dumping/ Countervailing Duties.

Topics covered include:

1. What are orders

2. Overview

  • a. Process
  • b. Scopes
  • c. Updates

3. Meaning of Case numbers

4. How to Research AD / CVD

5. Scope Determinations

6. Administrative Review

7. Petitions

8. What is Critical Circumstances

9. CBP Role in AD / CVD

10. Origin irregularities

11. Collection

12. Sunset Reviews

13. Other Trade Remedies

14. Section 232 – 301

15. Current Trade Issues

CCS / CES Point Information:  

This event has been approved for 3.5 NCBFAA CCS points.

For more details and to register, visit HCBFFA.org

 

US Department of Commerce initiates antidumping and countervailing investigations on certain quartz surface products from China.

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On May 7, 2018, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty investigations on “Certain Quartz Surface Products from the People’s Republic of China (China)” (Initiation Notices). These investigations have been assigned the following case numbers: A-570-084 and C-570-085.

Scope Description:

According to the Commerce Department, the scope of the certain quartz surface products from China are covers:


The merchandise covered by the investigation is certain quartz surface products. 1
Quartz surface products consist of slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite) as well as a resin binder (e.g., an unsaturated polyester). The incorporation of other materials, including, but not limited to, pigments, cement, or other additives does not remove the merchandise from the scope of the investigation. However, the scope of the investigation only includes products where the silica content is greater than any other single material, by actual weight. Quartz surface products are typically sold as rectangular slabs with a total surface area of approximately 45 to 60 square feet and a nominal thickness of one, two, or three centimeters. However, the scope of this investigation includes surface products of all other sizes, thicknesses, and shapes. In addition to slabs, the scope of this investigation includes, but is not limited to, other surfaces such as countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fire place surrounds, mantels, and tiles. Certain quartz surface products are covered by the investigation whether polished or unpolished, cut or uncut, fabricated or not fabricated, cured or uncured, edged or not edged, finished or unfinished, thermoformed or not thermoformed, packaged or unpackaged, and regardless of the type of surface finish.

In addition, quartz surface products are covered by the investigation whether or not they are imported attached to, or in conjunction with, non-subject merchandise such as sinks, sink bowls, vanities, cabinets, and furniture. If quartz surface products are imported attached to, or in conjunction with, such non-subject merchandise, only the quartz surface product is covered by the scope.

Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise fabricated in a third country, including by cutting, polishing, curing, edging, thermoforming, attaching to, or packaging with another product, or any other finishing, packaging, or fabrication that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the quartz surface products.

Not covered by the scope of the investigation:


The scope of the investigation does not cover quarried stone surface products, such as granite, marble, soapstone, or quartzite. Specifically excluded from the scope of the investigation are crushed glass surface products. Crushed glass surface products are surface products in which the crushed glass content is greater than any other single material, by actual weight.

Applicable HTSUS numbers subject to the scope of the investigation:


The products subject to the scope are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheading: 6810.99.0010. Subject merchandise may also enter under subheadings 6810.11.0010, 6810.11.0070, 6810.19.1200, 6810.19.1400, 6810.19.5000, 6810.91.0000, 6810.99.0080, 6815.99.4070, 2506.10.0010, 2506.10.0050, 2506.20.0010, 2506.20.0080. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.

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1
Quartz surface products may also generally be referred to as engineered stone or quartz, artificial stone or quartz, agglomerated stone or quartz, synthetic stone or quartz, processed stone or quartz, manufactured stone or quartz, and Bretonstone®.

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If you have any questions about how the AD/CVD investigation will impact your quartz import business, or if you would like to discuss other options, contact the experienced antdiumping and countervailing duty attorney David Hsu at 832.896.6288 or email at attorney.dave@yahoo.com.

US Treasury Secretary Mnunchin may travel to Beijing for trade talks.

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77th United States Treasury Secretary, Steven Mnuchin

Earlier this week, current US Treasury Secretary Steven Mnuchin told reporters he may travel to Beijing for trade negotiations to ease U.S.-China tensions.

In recent weeks both countries have announced tariffs on goods imported from the other country and the tensions between the US and China (the world’s two largest trading partners) has raised concerns of an impending trade war. The US first proposed tariffs totaling $150 billion on Chinese imports and Beijing has proposed tariffs on American goods such as soybeans.

In response, the Ministry of Commerce, People’s Republic of China would “welcome” the move by Treasury Secretary Mnuchin.

More updates as they become available.

Section 232 – Duties do not apply to goods coming from these countries until May 1, 2018.

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Until May 1, 2018, the Section 232 duties do not apply to goods coming from:

• Argentina;

• Australia;

• Brazil;

• Canada;

• Mexico;

• the member countries of the European Union; and

• South Korea.

After that time, the President will review whether to continue exempting these countries from the order.

Furthermore, the most recent customs message also says that admissions into FTZs can only be made with a privileged foreign status, which closes the previous FTZ loophole.

Any Section 232 questions? Call experienced trade and customs attorney David Hsu at 832.896.6288, or by email at attorney.dave@yahoo.com.