Trade News: New Petition Filed Against Tungsten Shot from China

Tungsten Parts Wyoming, Inc. filed the petition for the imposition of antidumping and countervailing (AD/CVD) duties on the imports of tungsten shot from China.

Unlike most AD/CVD petitions, the domestic industry has not yet been established, as the petitioner only began production last year. Thus, instead of arguing that Chinese imports are injuring the industry, the petitioner is claiming that the domestic industry has been “materially retarded” by reason of the allegedly unfair Chinese imports.

Full list of exporters. Full list of importers.

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. 

Scope of the Investigation

This investigation pertains to certain tungsten shot. The physical characteristics of the covered product are tungsten shot that are 92.6 percent or greater tungsten by weight. Merchandise is covered regardless of the combination of compounds that comprise the non-tungsten material and whether or not the tungsten shot is additionally coated with another material, including but not limited […]

Trade News: New Petition Filed Against Low Speed Personal Transportation Vehicles from China

The American Personal Transportation Vehicle Manufacturers Coalition filed petitions for the imposition of antidumping and countervailing (AD/CVD) duties on the imports of certain low speed personal transportation vehicles (“CLSPTV”) from China.

Full list of exporters here. Full list of importers here.

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. 

Scope of the Investigation

This petition covers CLSPTVs and subassemblies thereof. CLSPTVs meeting this description are generally open air vehicles with a minimum of four wheels, a steering wheel, a traditional side-by-side or in- line row seating arrangement (i.e., non- straddle), foot operated accelerator and brake pedals, and a gross vehicle weight of no greater than 5,500 pounds. 

Specifically excluded from the scope of this order are all-terrain vehicles, multipurpose off highway utility vehicles, and recreational off-highway vehicles.  Full scope here.

Next Steps

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC […]

By |2024-06-24T14:25:19-04:00June 24, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Petition Filed Against Low Speed Personal Transportation Vehicles from China

Trade News: New AD/CVD Case Filed on Brake Drums from China and Turkey

A new AD/CVD case was filed on brake drums from China and Turkey.

Full list of exporters here. Full list of importers here.

Background on AD/CVD Investigations

Antidumping duty (“AD”) and countervailing duty (“CVD”) investigations are brought jointly by the U.S. International Trade Commission (“USITC”) and the U.S. Department of Commerce (“Commerce”). AD investigations are triggered when a domestic industry alleges that it has been injured by competing imports of particular goods from specific countries being sold at less than a fair value. Meanwhile, CVD investigations are triggered when a domestic industry alleges that it has been injured by competing imports that are being unfairly subsidized by their governments. The domestic industry initiating the investigation is known as the petitioner while the foreign industry participating in the investigation is known as the respondent.

Scope of the Investigation

This petition covers certain brake drums, made of gray cast iron, weighing more than 50 pounds with an actual or nominal inside diameter of 14.75 inches or more but not over 16.6 inches for use in commercial vehicles. Full scope here.

Next Steps

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone who imports brake drums to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any […]

By |2024-06-20T21:27:30-04:00June 20, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New AD/CVD Case Filed on Brake Drums from China and Turkey

Trade News: New Antidumping Case Filed Against Disposable Aluminum Containers, Pans and Trays from China

A petition was filed on May 16, 2024 seeking the imposition of antidumping duties on imports of disposable aluminum, containers, pans, and trays from China.

Full list of producers and exporters here. Full list of U.S. importers here.

The merchandise covered is disposable aluminum containers, pans, and trays produced primarily from flat- rolled aluminum. The subject merchandise includes disposable aluminum containers, pans, and trays regardless of shape or size. The covered disposable aluminum containers are typically used in food-related applications, including but not limited to food preparation, packaging, and baking.

Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone who imports disposable aluminum containers, pans, and trays to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

By |2024-05-17T09:27:26-04:00May 17, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Antidumping Case Filed Against Disposable Aluminum Containers, Pans and Trays from China

Trade News: New Petition Filed Against Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam

A petition was filed on April 24, 2024 seeking the imposition of antidumping and countervailing (AD/CVD) duties on imports of crystalline silicon photovoltaic (CSPV) solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam.

The petition was filed by the American Alliance for Solar Manufacturing Trade Committee, a coalition comprised of four domestic producers.

Full list of producers here. Full list of U.S. importers here.

The scope covers crystalline silicon photovoltaic cells and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to: modules, laminates, panels, and building integrated materials. Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports CSPV solar cells and modules to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

By |2024-04-26T15:36:45-04:00April 26, 2024|AD/CVD, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Petition Filed Against Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam

Trade News: New Petition Filed on Alkyl Phosphate Esters from China

A petition was filed on April 23, 2024 that alleges alkyl phosphate esters from China are being sold at less than fair value and benefiting from countervailing subsidies. The petition was filed by ICL-IP America, Inc., a subsidiary of the ICL Group (“ICL”). Alleged dumping margins range from 45.1% to 68.4%.

Full list of producers here. Full list of U.S. importers here.

The scope of petition covers alkyl phosphate esters based exclusively on side chains with a length of two or three carbon atoms and a phosphorus content of at least 6.5 percent (per weight) and a viscosity between 1 and 2000 mPa.s (at 20-25 °C).  Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports alkyl phosphate esters to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch with us at 305-456-3830 or info@diaztradelaw.com.

By |2024-04-24T11:38:59-04:00April 24, 2024|AD/CVD, China, Countries, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Petition Filed on Alkyl Phosphate Esters from China

The Arena of EAPA: Transshipping, Pencils, and Evading Duties

Customs and Border Protection (CBP) investigates allegations of dumping or unfair foreign subsidies, but they also have the authority to investigate potential violations of any imposed Anti-Dumping or Countervailing Duties (AD/CVD) under the Enforce and Protect Act (EAPA) of 2015.

Customs describes EAPA as a “multi-party, transparent, administrative proceeding where parties can both participate in and learn the outcome of the investigation. It also maintains due process for parties to the investigation by providing an option for them to request administrative and judicial reviews of CBP’s determination as to evasion.” Self-assertions of transparency and due process aside, many have found EAPA cases to be highly secretive and not always fair.

Frequently, an EAPA case involves an allegation that Chinese goods are allegedly transshipped through another country (or only subject to minor processing) to avoid paying AD/CVD duties. Since AD/CVD duties are applicable based upon the commodities country of origin, nefarious companies can ship goods from China to for example, Vietnam, India, Mexico, Taiwan, Malaysia, or some other country, and claim that these goods do not originate from China after all. Importers, in good faith, will declare that their imports are not subject to AD/CVD duties because they are not aware of the true origin of the goods. Such importers might not be liable for penalties if their belief was in good faith and based on facts, but such importers would still be subject to massive duties. Thus, contrary to popular option, good/honest importers may also find themselves the recipient of […]

By |2024-04-12T15:01:41-04:00April 12, 2024|AD/CVD, Import, U.S. Department of Commerce (DOC)|Comments Off on The Arena of EAPA: Transshipping, Pencils, and Evading Duties

ICYMI: Commerce, Treasury, and Justice Issue Compliance Note on Obligations of Foreign-Based Persons to Comply with U.S. Export Laws

On March 6, 2024, the Department of Commerce, Department of the Treasury, and Department of Justice issued a tri-seal compliance note titled: “Obligations of foreign-based persons to comply with U.S. sanctions and export control laws.”

The note:

  1. Highlights the applicability of U.S. sanctions and export control laws to persons and entities located abroad;
  2. Outlines the enforcement mechanisms that are available for the U.S. government to hold non-U.S. persons accountable for violations of such laws; and
  3. Provides an overview of compliance considerations for non-U.S. companies and compliance measures to help mitigate their risk

Applicability of U.S. Sanctions and Export Control Laws to Foreign-Based Persons

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions, primarily against foreign jurisdictions but also against individuals and entities such as traffickers and terrorists.

The following persons/entities must comply with OFAC regulations:

  • U.S. citizens and permanent resident aliens
  • All persons within the United States
  • All U.S.-incorporated entities and their foreign branches

In certain sanctions programs, foreign entities owned or controlled by U.S. persons also must comply with applicable restrictions – such as engaging in a transaction with the government of Iran. Certain sanctions programs also require foreign persons in possession of U.S.-origin goods to comply.

Non-U.S. persons are also subject to certain OFAC prohibitions. For example, non-U.S. persons are prohibited from causing or conspiring to cause U.S. persons to wittingly or unwittingly violate U.S. sanctions, as well as engaging in conduct that evades U.S. sanctions.

Applicability of U.S. Export Control Laws

The compliance […]

By |2024-03-15T13:13:23-04:00March 15, 2024|EAR, Export, U.S. Department of Commerce (DOC), U.S. Department of Justice (DOJ)|Comments Off on ICYMI: Commerce, Treasury, and Justice Issue Compliance Note on Obligations of Foreign-Based Persons to Comply with U.S. Export Laws

Breaking Trade News: New AD and CVD Petition Filed on Paper Plates from China, Vietnam and Thailand

The Petition, filed on behalf of the American Paper Plate Coalition (the “APPC”), concerns certain paper plates that are imported from China, Thailand, and Vietnam. APPC is comprised of six producers of paper plates in the United States:

  • AJM Packaging Corporation
  • Dart Container Corporation
  • Aspen Products, Inc.
  • Huhtamaki Americas, Inc.
  • 9201 Packaging Drive
  • Unique Industries, Inc.

The petition claims the paper plates were sold at less than fair value, and that certain paper plates from China and Vietnam benefit from countervailable subsidies. Petitioners claim that these imports have caused material injury and threaten additional material injury to the domestic industry producing paper plates.

Full list of producers here. Full list of U.S. importers here.

The proposed scope language is broad and includes “Paper plates, which may be white, colored, and/or printed, and if printed, may be printed and/or laminated by any means with images, text and/or colors on one or both surfaces.” Full description and scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports paper plates to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get […]

By |2024-01-29T12:29:29-05:00January 25, 2024|AD/CVD, China, U.S. Department of Commerce (DOC)|Comments Off on Breaking Trade News: New AD and CVD Petition Filed on Paper Plates from China, Vietnam and Thailand

Trade News: New Petition Filed on Glass Wine Bottles from China, Mexico and Chile

On December 29, 2023, the last working day of the year, the U.S. Glass Producers Coalition filed a petition for the imposition of antidumping duties on certain glass wine bottles from China, Mexico, and Chile and countervailing duties on imports of certain glass wine bottles from China.

The Coalition is comprised of U.S. producer Ardagh Glass Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“USW”). The petitions allege that the Chinese, Chilean, and Mexican industries have been dumping wine bottles in the U.S., harming the U.S. market and destroying American jobs.

Full list of producers here. Full list of U.S. importers here.

The petition alleges dumping margins of:

  • China: 280.10% and 620.03%
  • Mexico: 78.55% and 102.09%
  • Chile: 615.68%

The scope of merchandise covered includes a wide array of products including both clear and colored bottles in the Bordeaux, Burgundy, Champagne, or Sparkling shapes. Full scope here.

The Commerce Department will determine whether to initiate the investigations within 20 days. The USITC will reach a preliminary determination of material injury or threat of material injury within 45 days. Final determinations will likely occur late 2024.

As with any proceeding, participation is very important to protect your rights. We urge anyone that imports glass wine bottles to pay close attention to this case and to ensure that all appropriate steps are taken to mitigate any damage.

Diaz Trade Law will continue to monitor this case and share updates. For more information or questions get in touch […]

By |2024-01-05T15:52:11-05:00January 5, 2024|AD/CVD, China, Import, Mexico, U.S. Department of Commerce (DOC)|Comments Off on Trade News: New Petition Filed on Glass Wine Bottles from China, Mexico and Chile
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