**Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Paper File Folders from Cambodia and Sri Lanka - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

On October 21, 2024, the Coalition of Domestic Folder Manufacturers (“Coalition”) filed a petition for the imposition of antidumping and countervailing duties on the imports of Paper File Folders from Cambodia and Sri Lanka. The petition alleges dumping margins of 93.15% to 239.64% for Cambodia, and 19.22% to 108.61% for Sri Lanka.  The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.

The scope of these investigations is identical to the scope of the antidumping and countervailing duty orders that were issued as a result of the prior investigations on folders from China, India, and Vietnam:

The products within the scope of these orders are file folders consisting primarily of paper, paperboard, pressboard, or other cellulose material, whether coated or uncoated, that has been folded (or creased in preparation to be folded), glued, taped, bound, or otherwise assembled to be suitable for holding documents. The scope includes all such folders, regardless of color, whether or not expanding, whether or not laminated, and with or without tabs, fasteners, closures, hooks, rods, hangers, pockets, gussets, or internal dividers. The term “primarily” as used in the first sentence of this scope means 50 percent or more of the total product weight, exclusive of the weight of fasteners, closures, hooks, rods, hangers, removable tabs, and similar accessories, and exclusive of the weight of packaging.

Subject folders have the following dimensions in their folded and closed position: lengths and widths of at least 8 inches and no greater than 17 inches, regardless of depth.

The scope covers all varieties of folders, including but not limited to manila folders, hanging folders, fastener folders, classification folders, expanding folders, pockets, jackets, and wallets.

The projected date of International Trade Commission’s Preliminary Conference is November 11, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is December 30, 2024; CVD is November 11, 2024.

Please feel free to contact one of our attorneys for further information, including a complete scope description, complete projected schedule for the AD and CVD investigations; the volume and value of imports; and list of identified foreign exporters and U.S. importers.
 

FMC Meeting Addresses Enforcement, Charge Complaints & IT Modernization - Federal Maritime Commission

Active investigations of significant regulated entities, successes in helping shippers resolve billing disputes, and how information technology upgrades will improve the ability to serve the public were all topics of discussion during the open session of yesterday’s meeting of the Federal Maritime Commission.

The Director of the Bureau of Enforcement, Investigations, and Compliance (BEIC) reported that Commission enforcement personnel are subpoenaing information and deposing witnesses as part of  major investigations examining potentially unlawful behavior by regulated entities. BEIC has prioritized investigations of possible wrongdoing by common carriers or marine terminal operators where the alleged misconduct negatively impacts the industry or causes market distortion.  The BEIC Director noted that such investigations are complex undertakings and that BEIC is developing policies, procedures, and additional capabilities necessary to successfully examine and prosecute these cases.

BEIC is also prioritizing reviewing any allegations of misconduct involving the recent work stoppage at ports on the U.S. East and Gulf Coasts with the intent of prosecuting instances of unlawful conduct. The BEIC Director reminded common carriers and marine terminal operators that retaliation against parties who file complaints at the Commission is a separate distinct offense under statute that carries serious consequences.  Chairman Daniel B. Maffei and each of the Commissioners reiterated that the Commission will not tolerate retaliatory conduct.  

The Charge Complaint process established by the Ocean Shipping Reform Act of 2022 (OSRA 2022) provides the public with a simplified way to challenge what they believe is an erroneously issued invoice. Filing a Charge Complaint initiates an informal process at the Commission, meaning it takes place outside of a formal adjudicatory proceeding. Charge Complaints are investigated by BEIC and could result in a recommendation that the Commission issue an Order to Show Cause, which could initiate a formal proceeding.  Many Charge Complaints are settled to mutually agreeable terms during the investigatory phase of the process.   

As of September 30, 2024, common carriers have voluntarily waived or refunded $3,282,928.77 in charges raised by the Commission over a two-year period.  This sum does not represent invoices waived or refunded when brought directly to the attention of a common carrier instead of by filing a Charge Complaint at the FMC.  It also does not reflect any settlements agreed to or ordered as part of an adjudicatory proceeding at the Commission.

The Commission will initiate a rulemaking in 2025 establishing a permanent procedure for Charge Complaints. 

The Commission’s Chief Information Officer discussed the significant upgrade of information technology infrastructure that is underway.  The public and Commission employees will benefit from enhanced and more secure systems.  It will also establish the foundations necessary for the Commission to make more use of the data it collects. 

The Commission also discussed these same issues in closed session to allow for the presentation of business confidential and company specific information.  No topics other than enforcement, Charge Complaints, and Information Technology were discussed in the closed session.

The Commission will next meet on December 4, 2024 to hear oral arguments examining jurisdictional issues raised in International Longshoremen’s Association v. Gateway Terminals, LLC; Charleston Stevedoring Company, LLC; Ports America Florida Inc.; Ceres Marine Terminals, Inc.; and SSA Atlantic, LLC (Docket No. 22-12).  A recording of today’s meeting is available on the Commission’s YouTube channel.
​​​​​

Federal Register Notices:

• Rescission of Antidumping and Countervailing Duty Administrative Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews:  Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders, in Part
• Crystalline Silicon Photovoltaic Products, Whether or Not Assembled Into Modules, From the People's Republic of Taiwan: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation of the Antidumping Order, in Part
• Crystalline Silicon Photovoltaic Products, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders, in Part
• Investigations; Determinations, Modifications, and Rulings, etc.: Steel Propane Cylinders From China and Thailand; Notice of Commission Determination To Conduct Full Five-Year Reviews
• Certain Rechargeable Batteries and Components Thereof; Notice of Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain New Pneumatic Off-the-Road Tires From India: Final Results of Countervailing Duty Administrative Review; 2022
• Investigations; Determinations, Modifications, and Rulings, etc.: Hot-Rolled Steel Products From China, India, Indonesia, Taiwan, Thailand, and Ukraine; Notice of Commission Determination To Conduct Full Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Quartz Surface Products From India: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement
• Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results and Rescission in Part, of the Antidumping Duty Administrative Review; 2022-2023
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Malaysia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination; Withdrawal
• Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Scope Determination, Certification Requirements, and Recission of Circumvention Inquiries on the Antidumping and Countervailing Duty Orders; Correction
• Sales at Less Than Fair Value; Determinations, Investigations, etc.:Melamine From India: Postponement of Final Determination of Sales at Less Than Fair Value Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Wood Mouldings and Millwork Products From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2022-2023
• Certain Plastic Decorative Ribbons From China: Continuation of Antidumping Duty Order and Countervailing Duty Order
• New Shipper Review: Stainless Steel Bar From India: Final Results of New Shipper Review; 2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Non-Malleable Cast Iron Pipe Fittings From China; Scheduling of an Expedited Five-Year Review
• Cast Iron Soil Pipe From China Determinations
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Paper File Folders From Cambodia and Sri Lanka; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations

Machinery CEE enforcement targeting at the Port of Memphis results in seizure of infants’ products; CPSC lab results find high lead content and choking hazards - U.S. Customs & Border Protection

MEMPHIS, Tenn. – Successful targeting efforts by U.S. Customs and Border Protection’s Machinery Center of Excellence and Expertise (CEE) at the Port of Memphis resulted in the seizure of $61,000 in infant products that were determined to be unsafe for entry due to high lead paint content and choking hazards. 

“The combined efforts of the Machinery Center, the Port of Memphis, and the Consumer Product Safety Commission (CPSC) to identify and advance this shipment toward seizure serves as an illustrative example of effective enforcement through collaboration,” said Director Juan J. Porras, Machinery Center of Excellence and Expertise.

In early July 2024, Machinery CEE enforcement team members targeted a shipment destined for Memphis with cargo descriptions indicating luggage carts, metal furniture mountings and “other” seats. 

Upon further inspection of the shipment, Machinery CEE import specialists and Port of Memphis CBP officers found these items to be infants’ strollers, swings and highchairs. Due to the known safety risks associated with infants’ products, along with the apparent misclassification and misdescriptions used to conceal the true nature of the merchandise, CBP referred the shipment to local CPSC investigators for further field inspection. 

Preliminary field analysis showed high lead content within various parts of infants’ strollers and highchairs, such as metal frames and seat cushions. Several samples were provided to CPSC for a full range of formal import safety tests. 

On Sept. 17, 2024, CPSC provided CBP Memphis a full report with referral to seize and destroy all merchandise in the detained shipment. In all, 1,209 items of merchandise were seized, with a domestic value of $61,161. 

These violations include high lead content, coin cell battery swallow hazards and missing and/or incomplete children’s product certificates. Following CPSC’s testing results, the importer and ultimate consignee were notified by CPSC for failure to comply with mandatory safety requirements, whereby corrective action through seizure and recall of merchandise was directed.

The Laredo Field Office’s Machinery Center of Excellence and Expertise serves as a central point of contact for inquiries and resolutions on issues regarding machinery imports and became fully operational April 3, 2016.  The Center serves as a single point of processing for all major businesses with accounts that fall under the Machinery’s overview and commodities such as, but not limited to, implement tools, mechanical and domestic appliances, electrical machinery and equipment and parts thereof, measuring devices, firearms and ammunition, and water filters to name a few. 
 

CBP Officers Uncover over 646 Pounds of Meth Hidden in Green Onion Shipment at Calexico Commercial Facility - U.S. Customs & Border Protection

CALEXICO, Calif., — CBP officers from the Calexico Commercial Facility seized more than 646 pounds of methamphetamine concealed within a shipment of green onions last week.

The incident occurred on Thursday, Oct. 10, 2024, when CBP officers encountered a 63-year-old male driving a commercial tractor-trailer carrying a shipment manifested for green onions. The driver, a valid border crossing cardholder, was referred for further inspection.

In the secondary inspection area, a CBP K-9 unit screened the shipment and alerted officers to examine the trailer more closely.  

CBP officers conducted a physical examination of the tractor-trailer’s floor and discovered 608 packages hidden within the shipment of green onions. The contents of the packages were tested and identified as methamphetamine with a weight of 646.61 pounds and an estimated street value of $775,000.

“This is truly an outstanding demonstration of our officer’s ability to think outside of the box and further exemplifies our adaptability to find illicit contraband no matter where narcotics are hidden,” said Roque Caza, Port Director for the Area Port of Calexico. 

CBP officers seized the narcotics and commercial tractor-trailer while the driver was turned over to Homeland Security Investigations for further investigation. 

This seizure is the result of Operation Apollo, a holistic counter-fentanyl effort that began on Oct. 26, 2023, in southern California, and expanded to Arizona on April 10, 2024. Operation Apollo focuses on intelligence collection and partnerships, and utilizes local CBP field assets augmented by federal, state, local, tribal, and territorial partners to boost resources, increase collaboration, and target the smuggling of fentanyl into the United States.
 

CPSC Approves New Federal Safety Standard for Infant Support Cushions to Prevent Infant Deaths and Serious Injuries - Consumer Product Safety Commission

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) has approved a new federal mandatory standard to improve the safety of infant support cushions in order to protect babies from injury and death. By a 5 to 0 vote, the Commission approved a new rule that addresses suffocation, entrapment, and fall risks. 

Infant support cushions include infant loungers, infant head positioner pillows, infant sleep positioners and anti-rollover pillows, crib pillows, wedge pillows for infants, stuffed toys or pads and mats marketed for use as infant support cushions, multi-purpose pillows marketed for both nursing and lounging, and tummy time pillows. 

CPSC is aware of 79 infant deaths and 124 injuries between 2010 and 2022 associated with infant support cushions, with most injuries and deaths occurring among infants younger than 3-months old. The majority of these deaths involved the infant support cushion being used in or on a sleep product, including an adult bed or mattress, a bassinet, crib, play yard or on a couch, futon or toddler bed. 

The new rule will go into effect 180 days following its publication in the Federal Register and will require that all infant support cushions manufactured for sale after the rule takes effect meet the new requirements.  The rule sets performance standards for infant support cushions to reduce the risk of suffocation, entrapment, and fall injuries and deaths including:

1. firmness testing on all parts of the product’s surface that an infant can come into contact with, to reduce suffocations from the product conforming to an infant’s face and obstructing the infant’s airways;
2. sidewall angle testing that requires the angle formed between any sidewall and the occupant surface to be greater than 90 degrees, to address the risk of suffocation and entrapment between the sidewall and occupant support surface; 
3. a maximum incline angle that cannot exceed 10 degrees to address hazardous positioning of an infant’s head and neck on the product; this effectively limits the side height of the product to slightly less than 2 inches, which provides a visual cue to consumers to place the product on the floor to reduce falls; 
4. prohibits the use of infant restraints that could suggest that infants can safely be left unattended in the product; and
5. requires strongly worded on-product warning labels that are conspicuous and permanent. 

“This is an important rule that creates safety standards for a set of products that – until now – were not subject to comprehensive safety standards and created suffocation hazards for infants,” said Chair Hoehn-Saric. “If a product is made for babies, it should be as safe as possible for their use. This rule advances our important work to improve the safety of all durable infant products.”

Babies can turn over and roll out of infant support cushions without warning. To keep your baby safer while using infant support cushions:  

• Never use infant support cushions for infant sleep or naps. If your baby falls asleep, move your baby to a crib, play yard, or bassinet.
• Stay near and watch your baby during use.
• Only use an infant support cushion on the floor. 
• Do not use on beds, sofas, or other raised surfaces. Do not place infant support cushions on soft surfaces or in other infant sleep products, such as cribs or bassinets, or anywhere a baby sleeps. 
• Keep blankets and other soft items out of and away from the product.

CPSC reminds consumers that the safest place for a baby to sleep is a flat, bare surface dedicated to the infant such as a crib, bassinet or play yard. Visit CPSC’s Safe Sleep Education Center for additional safety resources to keep your baby safe.

For more information on Section 104 of the Consumer Product Safety Improvement Act of 2008 (the Danny Keysar Child Product Safety Notification Act), which requires the Commission to issue consumer product safety standards for durable infant or toddler products, click here.

Individual Commissioners may have statements related to this topic. Please visit www.cpsc.gov/commissioners to search for statements related to this or other topics.
 

How to Avoid TSA PreCheck Scams - Federal Trade Commission

No one likes waiting in airport security lines. To speed things up, some people opt to get TSA PreCheck. Scammers know this and send emails that look like they're from TSA PreCheck — but they’re not. The emails want you to click a link that takes you to a scam website that only looks like the official site — but it’s not. If you pay to “enroll” or “renew” your TSA PreCheck, you may not even realize you’ve paid a scammer until you get to the airport for your next trip. But there are ways to spot these scams.

If you’re applying for TSA PreCheck for the first time, you don’t pay the application fee online. To get PreCheck, you complete the application and pay in person at a TSA enrollment center. Again: you don’t pay online. Only a scammer will ask you to pay online to enroll.

If you already have TSA PreCheck, you can renew and pay in person or take care of both online. The real TSA even sends renewal reminder emails out. But to avoid a scam, start your renewal at tsa.gov/precheck instead of clicking a link. A scammer’s link will take you to a scam site that looks real, but if you pay and give your information, the scammer will steal it.

To avoid scammers impersonating TSA PreCheck:

• Don't click links in unexpected emails or text messages, no matter how real they look.
• Don’t be rushed. If someone insists that you to pay right away, chances are that’s a scammer.
• Start at tsa.gov/precheck. Typing in that URL yourself is the best way to avoid the scam. And remember that all TSA PreCheck sites are .gov sites, not a .com.

Tell the FTC at ReportFraud.ftc.gov if you think you spotted this scam. And learn how to recognize phishing scams to keep scammers from stealing your money or identity.