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.

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

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

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

[…]

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

[…]

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

[…]

International Trade Week

Diaz Trade Law was enthusiastic to attend various events from International Trade Week which took place from May 16-20 of 2022. Here is a recap of all the events we attended!

ADCVD

  • Scott McBride talked about transshipment and how it is evasion and how fraud is not covered by circumvention laws but rather by CBP.
  • This presentation discussed 226b, 226d, and 226f.
    • 226b discusses self-initiation and how a notice will be issued if the government initiates it.
    • 226d allows rejection of circumvention injury and identifying problems where parties can fix the issues.
    • In this case, if commerce does not identify the issue, commerce must issue determination and if it is extraordinarily complicated, it can be expanded up to a full year.

Food and Drug Administration

  • Angel Omar explained how all products are required to meet the same standards as domestic goods/products.
    • Drugs and devices must be safe and effective and require a fee application prior to importation.
    • Every product must meet performance requirements and must contain a label that is presented in English.
  • Food, Drugs, and Cosmetics Act has an import section that allows for refusal for import electronics and products that fail to meet the applicable standards.
    • Appearance is very important and based on the standard, the FDA can refuse the entry of goods that appear to be misbranded.
    • Section 708 allows the FDA to destroy products without an opportunity to export/refuse if the product is valued at $2500 or less.
  • FDA’s import alerts allow […]
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