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Opportunity to Request Administrative Review

administrative review

Opportunity to Request Administrative Review

On August 4, 2020, Commerce announced in the Federal Register the opportunity to request an annual administrative review for products that are currently subject to antidumping and countervailing duties.

The products and countries that have August anniversary months are the following:

-Seamless Line and Pressure Pipe from Germany

-Sodium Nitrite from Germany and China

-Finished Carbon Steel Flanges from India and Italy

-Brass Sheet & Strip; Tin Mill Products from Japan

-Polyethylene Retail Carrier Bags from Malaysia, Thailand, and China

-Light –Walled Rectangular Pipe and Tube from Mexico, Korea, and China

-Dioctyl Terephthalate; Large Power Transformers; Low Melt Polyester Staple Fiber from Korea

-Small Diameter Carbon and Alloy Seamless Standard Line and Pressure Pipe from Romania

-Ripe Olives from Spain

-Certain Frozen Fish Fillets from Vietnam

-Steel Propane Cylinders from Thailand

-Silicomanganese from Ukraine

-Various Products from China

As part of this annual review process, Commerce intends to select respondents based on an analysis of U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review, which is released only to legal counsel for interested parties.

Any party wishing to participate in the antidumping and countervailing duty review process or who may be affected by duties on the products identified in the Federal Register notice should file a request for review no later than August 31, 2020.  In order to be eligible to participate in the review, a party must either be an exporter or importer of the specific products and during the specific time periods identified in the Federal Register notice.

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Camron Greer is an Assistant Trade Analyst in Husch Blackwell LLP’s Washington D.C. office.

online

PREVENTING TRADE IN ONLINE FAKES

Online Buyer Beware

U.S. consumers spent over $600 billion dollars with U.S. merchants online in 2019. For consumers, online shopping is enticing for its convenience. With credit card in hand, shoppers can easily compare prices, make a purchase, and have the products shipped directly to their homes. The ability to sell online has transformed the ways in which manufacturers, shippers and retailers conduct business.

The evolution from brick and mortar to online stores has also made it more convenient for illegitimate businesses and criminals to pass off counterfeit products, which has attracted the attention of the U.S. government. Since November 2019, a flurry of government activity has focused on protecting consumers in the e-commerce environment.

Trade in fake goods 3.3 percent of world trade

Political Hue and Cry

The Senate Finance Committee examined online counterfeit goods last November when it issued a bipartisan report highlighting two key fact findings: U.S. businesses have difficulties preventing the sale of counterfeit goods online, and e-commerce platforms have no affirmative obligation to police counterfeit goods listings or to proactively remove suspected counterfeit items.

In January, the Department of Homeland Security (DHS) issued a report titled Combating Trafficking in Counterfeit and Pirated Goods, in which DHS found that e-commerce has contributed to a shift in the sale of counterfeit goods in the United States. As consumers increasingly purchase goods online, counterfeiters are increasingly producing a wider variety of goods that may be sold on websites alongside authentic products. The report adds that American consumers shopping on e-commerce platforms and online third-party marketplaces now face a significant risk of purchasing counterfeit or pirated goods.

A week after the release of the DHS report, the White House issued an Executive Order “Ensuring Safe and Lawful E-Commerce for U.S. Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights Holders”. The Order implicates express carriers and the international postal system as contributing to the problem of imports of contraband and counterfeit goods.

American brands 24 percent of fake products seized

House Bill 6058, the SHOP SAFE Act of 2020, was introduced in early March in the House of Representatives. The bill proposes to impose contributory trademark infringement liability on e-commerce platforms unless they take steps specified in the legislation. The legislation received immediate support from several prominent industry associations.

The American Apparel & Footwear Association’s CEO stated that “more needs to be done to prevent counterfeit products from unknowingly entering the homes of American families.” In support of the bill, the CEO of the Personal Care Products Council stated that “counterfeit personal care products damage businesses, disregard regulatory protection and more importantly threaten consumers’ health and safety,” adding the Council encourages “Congress to establish a system that makes online marketplaces and others responsible for ensuring that products on their platforms comply with U.S. laws and regulations”.

Two days later, House Energy and Commerce Committee Chairman Frank Pallone (D-NJ) stated that the convenience of e-commerce “has come at a devastating price: a proliferation of dangerous counterfeit goods that endanger consumers and property, and an army of counterfeit merchants from overseas that undermine American small businesses with unscrupulous tactics.”

Counterfeit medicines

Hiding on Plain Sites

In general, the owners of intellectual property (copyrights, trademarks, patents) have had a lot to say about the online platforms and marketplaces that host e-commerce. As summarized in the Senate Finance Committee’s report, e-commerce platforms place the burden of policing and enforcing intellectual property (IP) on the IP owners, suggesting they do not have a duty to police counterfeit listings or proactively remove suspected counterfeit goods from platforms.

The proposed SHOP SAFE Act of 2020 would place a greater burden on platforms. By taking steps outlined in the legislation, platforms would be able to avoid liability for IP violations.

During the week the SHOP SAFE Act was introduced and a hearing held to address the issue of e-commerce threats to consumers and the economy, a technology company, PreClear, announced it is using “technology that pushes out the border and prevents infringing goods and potentially harmful goods from being exported to the U.S.” PreClear’s founder is quoted as saying that the technology is in use 24/7 and rejects thousands of non-compliant items daily.

There is no doubt that the sheer volume of infringing and other non-compliant merchandise available to consumers on the internet begs for a solution. The question is whether protection and enforcement begin after the items are in the stream of commerce in the United States or before the items ship to the United States. One of the missing variables in the trade policy equation remains how to prevent infringing items from leaving the country of origin in the first instance.

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Tim Trainer was an attorney-advisor at the U.S. Customs Service and U.S. Patent & Trademark Office. He is a past president of the International AntiCounterfeiting Coalition. Tim is now the principal at Global Intellectual Property Strategy Center, P.C., and Galaxy Systems, Inc.

This article originally appeared on TradeVistas.org. Republished with permission.

commerce

COMMERCE ISSUES PRELIMINARY DETERMINATIONS IN PROBES OF DRIED TART CHERRY IMPORTS FROM TURKEY

The U.S. Department of Commerce on Sept. 23 announced the affirmative preliminary determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of dried tart cherries from Turkey, finding that exporters sold dried tart cherries at less than fair value at rates ranging from 541.29 to 648.35 percent and received countervailable subsidies at a rate of 204.93 percent.

Commerce will instruct U.S. Customs and Border Protection to collect cash deposits from importers of dried tart cherries from Turkey based on these preliminary rates.

Investigations were initiated based on petitions filed by the Dried Tart Cherry Trade Committee, whose members include Cherry Central Cooperative (Traverse City, Michigan), Graceland Fruit, Inc. (Frankfort, Michigan), Payson Fruit Growers Coop (Payson, Utah), Shoreline Fruit, LLC (Traverse City, Michigan) and Smeltzer Orchard Co. (Frankfort, Michigan). In 2018, imports of dried tart cherries from Turkey were valued at an estimated $1.2 million.

Commerce is scheduled to announce its final AD and CVD determinations on or about Dec. 5. If affirmative final determinations are made, the U.S. International Trade Commission (ITC) will be scheduled to make its final injury determinations on or about Jan. 21, 2020. Only if both Commerce and the ITC make affirmative final injury determinations will AD and CVD orders be issued. Any negative final determinations end the investigations with no orders issued.

New Rules Tie Up US, Mexico Border Crossing

Los Angeles, CA – The recent decision by Mexican Customs to drastically trim the hours of operation at the critical Santa Teresa, New Mexico, port of entry “will help streamline the flow of international trade,” Mexican Customs officials have said, despite the fact that the move has created major gridlock.

Mexico’s Tax Administration began reducing hours in all its customs offices along the US border on July 4 in a move they said would “help them to better utilize staff, technology and infrastructure for the processing of merchandise.”

But Mexican citizens returning to Mexico with used vehicles purchased in the US through Santa Teresa say the new hours have them waiting in lines that stretch for a long as a mile for hours or even overnight to get across the border.

Drivers must hand over the vehicle title to US Customs and Border Protection for authentication at least 72 hours prior to export to prevent trafficking of stolen vehicles.

After that, the vehicle has to be exported within seven days. The increased congestion has been compounded by the fact that commercial cargo-carrying trucks going south have to share the same highway.

Inexpensive used and even damaged cars and trucks from the US and Canada are popular with Mexican consumers.

According to the Mexican Association of Automotive Dealerships, an estimated 7.5 million vehicles have been imported to Mexico since a NAFTA provision led to the border being open to vehicles in 2005. More than 226,000 were imported through May of this year, according to US Customs.

Santa Teresa, reports the Albuquerque Journal,  is the only port of entry with a lane for processing vehicles and is thus considered one of the busiest ports of entry on the US-Mexico border.

Meanwhile, Customs and Border Protection officials said none of the same gridlock has been reported in ports of entry in California, Texas or Arizona.

Mexican Customs officials were not available for comment.

08/01/2014