Petitions Filed Requesting the Imposition of Antidumping and Countervailing Duties on Imports of Sol Gel Alumina-Based Ceramic Abrasive Grains from the People’s Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

On November 25, 2024, Saint-Gobain Ceramics & Plastics, Inc filed a petition for the imposition of antidumping and countervailing duties on the imports of Sol Gel Alumina-Based Ceramic Abrasive Grains from the People’s Republic of China. The petition alleges dumping margins of 176.15% from China. The petition identifies certain foreign producers/exporters and U.S. importers of the investigated product.

The scope of the petition covers sol gel alumina-based ceramic abrasive grains which are comprised of minimum 94% aluminum oxide (Al2O3), and may contain other compounds, including, but not limited to, titanium dioxide, silicon dioxide, calcium oxide, sodium superoxide, ferric oxide, magnesium oxide, di-aluminum magnesium tetroxide, zirconium dioxide, or zirconium carbonate. Grain sizes of sol gel alumina-based ceramic abrasive grains range from 0.85 mm to 0.0395 mm (which corresponds to ANSI grit sizes from 20 to 280).

The projected date of the International Trade Commission’s Preliminary Conference is December 17, 2024. The earliest theoretical date for retroactive suspension of liquidation for AD is February 4, 2025; CVD is December 16, 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.
 

CBP will Seize Aluminum Products Manufactured using Forced Labor by Chinese-owned, Dominican-based Company - U.S. Customs & Border Protection

CBP will seize aluminum products manufactured using forced labor by Chinese-owned, Dominican based company

WASHINGTON — U.S. Customs and Border Protection issued a Finding against Kingtom Aluminio S.R.L., the first Chinese-owned entity in the Dominican Republic, based on information that reasonably indicates the use of forced labor in violation of 19 U.S.C. § 1307 in the production of that merchandise. Effective immediately, CBP personnel at all U.S. ports of entry will seize aluminum extrusion and profile products manufactured by Kingtom Aluminio S.R.L. Aluminum extrusions and profiles are used widely to build transportation and construction products, furniture, electronics, and more.  

CBP identified the following International Labour Organization forced labor indicators during its investigation of Kingtom Aluminio S.R.L.: abuse of vulnerability, intimidation and threats, deception, withholding of wages, physical and sexual violence, restriction of movement, and excessive overtime. 

“Trading in goods that were manufactured at the expense of the health, safety, and freedom of another human being is completely antithetical to American values and the American way of life,” said CBP Senior Official Performing the Duties of the Commissioner Troy A. Miller.  

 “With this action, we are sending a message to those entities that continue to attempt to circumvent U.S. trade laws – your goods are not welcome in the United States,” said Executive Assistant Commissioner of CBP Office of Trade, AnnMarie R. Highsmith.  

 The Finding against Kingtom Aluminio S.R.L. is the latest action CBP has taken to address forced labor and other human rights abuses around the world. With this Finding issuance, CBP currently oversees and enforces 51 withhold release orders and nine Findings under 19 U.S.C. § 1307.  

The International Labour Organization estimates that nearly 28 million workers suffer under conditions of forced labor worldwide. Forced labor exposes vulnerable populations to inhumane working conditions and hurts American workers and law-abiding businesses who cannot compete with forced labor goods that are sold below market value. 

19 U.S.C. § 1307 prohibits the importation of “[a]ll goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor, or/and indentured labor, including forced or indentured child labor[.]” When CBP has information reasonably indicating that imported goods are made by forced labor in violation of 19 U.S.C. § 1307, the agency will order personnel at U.S. ports of entry to seize shipments of those goods. Such shipments will be excluded or subjected to seizure and forfeiture if the importer fails to demonstrate proof of admissibility in accordance with applicable regulations. 

CBP receives allegations of forced labor from a variety of sources including private citizens, government agencies, media, non-government organizations, and witnesses. Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or is likely to be, imported into the United States, can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT. 
 

USDA-FDA Seek Information About Food Date Labeling, Aim is to Provide Further Clarity, Transparency and Cost Savings for U.S. Consumers - Food & Drug Administration

The U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) today are announcing a joint Request for Information (RFI) about food date labeling, which includes the use of terms such as ‘Sell By,’ ‘Use By’ and ‘Best By’. The RFI seeks information on industry practices and preferences for date labeling, research results on consumer perceptions of date labeling and any impact date labeling may have on food waste and grocery costs. For example, questions in the RFI include which products contain date labels and the criteria to decide what phrase to use and what date to include. The RFI also asks questions about how consumers interpret date label information, including whether consumers are confused by this information – especially if they believe the dates determine whether food is safe when in fact, they indicate quality – or whether it has impacts on decisions made while grocery shopping or discarding food. Finally, there are questions that explore any relationship between date labels, food waste and household expenses.

The USDA’s Food Safety and Inspection Service (FSIS) and the FDA jointly have broad jurisdiction and oversight over the U.S. food supply. They have responsibility for ensuring that food labels on products over which they each have jurisdiction are truthful and not misleading. The information collected from the RFI may be used to inform future policy decisions, guidance or consumer education campaigns on food date labels that are intended to help reduce the premature discard of wholesome and safe food.   

“It has been estimated that confusion over the multitude of different date labeling terms on food products accounts for about 20% of food waste in the home. The information collected will help us understand consumers’ perception of terms like ‘Sell By,’ ‘Use By’ and ‘Best By,’” said FDA Deputy Commissioner for Human Foods Jim Jones. “We are looking forward to gathering valuable information to determine how date labeling can make it easier for consumers to know whether a food is still good to eat and avoid food waste. The FDA is committed to doing all that we can to support informed and sound decisions that are good for U.S. consumers.”

“Food labels contain a wealth of information for consumers, including a food product’s ‘best if used by’ date,” said USDA Under Secretary for Food Safety Dr. Emilio Esteban. “Through this Request for Information, we hope to learn more about how those date labels are determined and whether they confuse consumers and lead to needless food waste.” 

The action today is one of many actions to be taken in response to the National Strategy for Reducing Food Loss and Waste and Recycling Organics, which was released by the FDA, USDA and the U.S. Environmental Protection Agency (EPA) in June 2024. The USDA estimates that the average family of four spends at least $1,500 each year on food that ends up uneaten and the EPA estimates that, in 2019, 66 million tons of wasted food was generated in the food retail, food service and residential sectors, and most of this waste (about 60%) was sent to landfills. The National Strategy lays out a path that would enable the U.S. to meet its national goal of reducing food loss and waste by 50% by 2030, to help reduce the environmental impacts of food waste and lower costs for American families.

In response to the draft National Strategy for Reducing Food Loss and Waste and Recycling Organics, the FDA and the USDA received over 9,800 comments encouraging an update of the federal date labeling requirements, including standardizing date labeling. Commenters noted that food manufacturers use a variety of phrases such as “Sell By,” “Use By” and “Best By” on product labels to describe dates on a voluntary basis. According to commenters, the use of different phrases to describe dates may cause consumer confusion and lead to the premature disposal of wholesome and safe food because it is past the date printed on the package. The RFI attempts to explore the issues raised in those comments by asking stakeholders for information they have relevant to this topic. 

Both the FDA and USDA currently recommend that food industry members voluntarily apply the “Best if Used By” quality-based food date label, which notes the date after which quality may decline but the product may still be consumed. Although the FDA and the USDA encourage the use of the phrase “Best if Used By,” current federal regulations do not prohibit industry from using other date labeling phrases, such as “Sell By” or “Use By,” if they are truthful and not misleading. 

Commenters will have 60 days to provide comments responsive to one or more of the 13 questions posed. Further information on how to submit a comment can be found here.
 

Federal Register Notices:

• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order; 2024
• Ceramic Tile from the People's Republic of China: Rescission of Antidumping Duty Administrative Review; 2023-2024
• Steel Concrete Reinforcing Bar From Mexico: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
• Certain Steel Wheels 12 to 16.5 Inches in Diameter From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
• Glycine From India: Final Results of the Countervailing Duty Administrative Review; 2022
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Ceramic Tile From India: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Sol Gel Alumina-Based Ceramic Abrasive Grains From China; Notice of Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Polyester Textured Yarn From China and India; Notice of Institution of Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List
• Certain Brake Drums From the Republic of Türkiye: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
• Certain Brake Drums From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Carbon Steel Standard Pipe and Tube Products From the Republic of Türkiye; Welded Line Pipe From the Republic of Türkiye; Certain Oil Tubular Goods From the Republic of Türkiye; and Large Diameter Welded Pipe From the Republic of Türkiye: Final Results of Antidumping Duty Changed Circumstances Reviews
• Circular Welded Carbon Steel Standard Pipe and Tube Products From the Republic of Türkiye; Welded Line Pipe From the Republic of Türkiye; Certain Oil Tubular Goods From the Republic of Türkiye; and Large Diameter Welded Pipe From the Republic of Türkiye: Final Results of Countervailing Duty Changed Circumstances Reviews
• Fresh Tomatoes From Mexico: Final Results of the Expedited Sunset Review of Suspended Investigation
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Malaysia: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Thailand: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
• Investigations; Determinations, Modifications, and Rulings, etc.: Steel Racks From China; Scheduling of Expedited Five-Year Reviews
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Oil Country Tubular Goods From Mexico: Preliminary Results and Recission, In Part, of Antidumping Duty Administrative Review; 2022-2023
• Thermal Paper From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Low Speed Personal Transportation Vehicles From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination
• Steel Racks and Parts Thereof From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order
• Certain Steel Racks and Parts Thereof From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain High Chrome Cast Iron Grinding Media From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
   

FMC Examining Restrictive Port Practices of the Government of Spain - Federal Maritime Committee

The Federal Maritime Commission (“Commission” or “FMC”) has initiated an investigation into regulations or practices by the Government of Spain which appear to bar certain vessels, including U.S.-flagged vessels, from calling at ports in that country.

Laws administered by the Commission (46 U.S.C. § 42101; 46 U.S.C. § 41108(d)) empower it to investigate whether regulations or practices of foreign governments result in conditions unfavorable to shipping in the foreign trade of the United States. The Commission can levy significant remedies, including substantial daily fines and barring foreign vessels from calling at U.S. ports, if it finds that such conditions are taking place.

Information indicates Spain has refused entry to certain vessels on at least three separate occasions this year. The two most recent instances involved U.S.-flagged vessels.

The Commission’s investigation will commence with information gathering through a 20-day public comment period.  During this comment period, the FMC requests information about when vessels have been barred or may be barred from calling in Spain, which vessels have been denied entry, and the explanation or justification provided by the Government of Spain for such denials.

The Federal Register notice announcing the investigation contains instructions to enable the submission of relevant information.

The FMC is charged with ensuring an efficient, competitive, and economical transportation system for the benefit of the United States.  Laws or policies by foreign governments that bar entry to vessels documented under the laws of the United States, or vessels documented under the laws of other countries engaged in trade with the United States, are inconsistent with the Commission’s objective of ensuring access to, and the well-functioning of, the complex and interdependent system that moves goods in foreign commerce by water.
 

CBP at JFK Seizes More Than $320,000 of Counterfeit Cash - U.S. Customs & Border Protection

CBP assists U.S. Secret Service in their Investigation

NEW YORK, N.Y. — U.S. Customs and Border Protection (CBP) officers and U. S. Secret Service agents are protecting your currency’s integrity ahead of the upcoming holiday shopping season.

On November 18, CBP officers seized a total of $304,500 in counterfeit United States currency, from a 26-year-old male arriving from Guayaquil, Ecuador.  The USSS was notified and responded to assist in the investigation. The currency closely resembled legal U.S. currency and will undergo extensive forensic examination. With the increased use of online marketplaces creating more in-person transactions, unscrupulous people could potentially victimize inexperienced sellers or small businesses by using the counterfeit currency during fraudulent purchases or in other financial fraud crimes.

“CBP has a diverse mission, and this counterfeit currency seizure illustrates the vigilance of our CBP officers,” said Francis J. Russo, Director of CBP’s New York Field Operations. “Criminal groups are targeting the people, businesses, and the security of the United States’ financial well-being by trying to make a quick buck, while negatively impacting our economic vitality.  Our officers working with the agents from U. S. Secret Service are there to stop that threat to our nation.”

“The U.S. Secret Service stands on the frontline of protecting our nation’s economy by ensuring the integrity of its currency,” said Secret Service Special Agent in Charge Patrick J. Freaney, New York Field Office. “This counterfeit seizure exemplifies the importance of this work and affirms the need for strong partnerships with agencies like Customs and Border Protection. Together, we will continue to disrupt the kind of criminality that dupes unwitting victims and serves to undermine the nation’s financial well-being.”

According to the U.S. Secret Service, counterfeiting currency is a lucrative business and is often used to finance illegal activities, including financial fraud, narcotics smuggling, terrorism, and attacks against our nation’s financial systems.

Both consumers and retailers can protect themselves from inadvertently receiving counterfeit currency through scrutinizing banknotes during transactions.

For more information on how to identify counterfeit currency, please visit:
https://www.secretservice.gov/sites/default/files/reports/2020-12/KnowYourMoney.pdf
 

Shop Safely Online This Holiday Season with Tips from Secure Our World - Cybersecurity & Infrastructure Security Agency

During the holiday season, you may receive emails or text messages about a deal you just can’t miss, or an opportunity to give for charities you don’t recognize. Sadly, during this season of giving, we must all be on the lookout for scammers who use tactics like asking you to click on a link that installs malware on your device or creating a fake online store to trick you into buying from them, resulting in your money or even your identity being stolen. 

So how big of a problem are holiday online shopping scams? According to the FBI, almost 12,000 victims reported scams during the 2022 holiday shopping season, resulting in over $73 million in losses. 

The good news is that Secure Our World has tips to protect you and your family, friends and business from these scams. 

To get started, take these steps before making any online purchases to help protect your devices, information and accounts against scammers: 

• Update software to ensure your devices are protected against the latest threats 
• Use strong passwords—at least 16 characters, random, and unique for each account 
• Use a password manager to generate, save, and fill in strong passwords for you  
• Turn on multifactor authentication (MFA) for any account that offers it 

Check out our instructional videos for step-by-step guidance on how to secure devices and accounts.  

Most successful cyberattacks start with a phishing email, and during the holiday shopping season, scammers ramp up their schemes. But don’t worry, we’ve got you covered with a few tips to avoid the phish hook:  

• Beware of phishing messages—scammers are getting better and better at impersonating legitimate retailers 
• Don’t click links or download attachments unless you’re sure of the sender 
• Be wary of requests for information such as to confirm your delivery address 
• Report scams to your email platform and then delete them 

And specifically for the holiday season, CISA recommends purchasing with confidence by: 

• Choosing reputable vendors who encrypt your information 
• Verifying business legitimacy through web searches and reviews 
• Using credit, not debit, for greater protection against unauthorized charges 
• Checking your accounts frequently for unauthorized charges 

We can all help one another stay safer online, so share these tips with a family member or friend!  It is just one more way we can help Secure Our World. 

Visit our Holiday Online Shopping web page for additional tips and to learn more.