China

On May 31, 2017, Petitioners DAK Americas LLC, Nan Ya Plastics Corporation, America, and Auriga polymers Inc. filed a petition for the imposition of antidumping duties and countervailing duties on imports of Fine Denier Polyester Staple Fiber from China, India, Korea, Taiwan, and Vietnam.

On April 19, 2017, Petitioners ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, PTC Alliance Corp., Webco Industries, Inc., and Zekelman Industries, Inc. filed a petition for the imposition of antidumping duties and countervailing duties on imports of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from China, Germany, India, Italy, Korea, and Switzerland.

On April 11, 2017, Petitioners Waterloo Industries Inc. filed a petition for the imposition of antidumping duties and countervailing duties on imports of Certain Tool Chests and Cabinets from the People’s Republic of China and the Socialist Republic of Vietnam.

SCOPE OF THE INVESTIGATION

The scope of this petition covers certain metal tool chests and tool cabinets with drawers (“tool chests and cabinets”) from the People’s Republic of China and the Socialist Republic of Vietnam. The scope covers all metal tool chests and cabinets, including top chests, intermediate chests, tool cabinets and side cabinets, storage units, mobile work benches, and work stations and that have the following physical characteristics:

On March 31, 2017, President Trump signed two Executive Orders (EO) aimed at the enforcement of the collection of antidumping and countervailing duties for unfair trade practices and at the evaluation of significant trade deficits with U.S. trading partners. These EOs are a clear indication that trade, as promised throughout the campaign, will continue to be a top priority of the Trump presidency.

On March 31, 2017, Petitioners North American Steel & Wire, Inc./ISM Enterprises filed a petition for the imposition of antidumping duties on imports of Carton-Closing Staples from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The scope of this investigation is carton-closing staples. Carton-closing staples are fastening devices used to secure or close the flaps of corrugated and solid paperboard cartons and boxes. Carton-closing staples are manufactured from steel wire, and commonly have a copper-coating or a zinc (galvanized) coating. Carton-closing staples manufactured from stainless steel wire are also covered.

On March 9, 2017, Petitioners the Aluminum Association Trade Enforcement Working Group filed a petition for the imposition of antidumping duties and countervailing duties on imports of Certain Aluminum Foil from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The merchandise covered by this investigation is aluminum foil having a thickness of 0.2 mm (0.00787 inches) or less, in reels exceeding 25 pounds, that is not backed, etched for use in capacitors, or cut to shape. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above. The products under investigation are currently classifiable under Harmonized Tariff Schedule subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.

The newly passed Cybersecurity Law of the People’s Republic of China will take effect in June 2017, and it is expected to have a significant impact on multinationals doing business in mainland China. The law affects both domestic and foreign companies operating on the Chinese mainland and covers a wide range of activities including the use of the internet, information and communications technologies, personal data, national security and more.

The difficulties with determining the steps needed to comply with such sweeping changes are only complicated by the fact that a large number of key terms in the law have yet to be clearly defined. As a result, China’s new Cybersecurity Law will continue to evolve as the national government interprets it.

Here are some key provisions to follow in the coming months.

On Wednesday, Judge Richard Sullivan of the Southern District of New York relieved the Bank of China from an order issuing $50,000 of daily fines for failing to comply with two subpoenas for information on account holders accused of selling goods counterfeit “Gucci” goods. The matter provides an interesting case study of at least one dilemma facing foreign companies doing business in the United States – whether to comply with a US-issued subpoena knowing that compliance  would break foreign law.

On Sunday, March 1, 2015, CBS newsmagazine “60 Minutes” ran a lengthy piece reported by Anderson Cooper regarding accusations that Lumber Liquidators imported laminated flooring products that did not meet the standards set by the California Air Resources Board (CARB) for levels of formaldehyde. The focus of the story was on Lumber Liquidators, but the issue is likely to affect almost every importer of flooring and other wood products from China.

During the segment, Cooper referenced various lawsuits that are pending against Lumber Liquidators alleging that the company failed to meet CARB standards in California for formaldehyde. Cooper interviewed the CEO of Lumber Liquidators, Robert Lynch. Lynch said the company has a good system in place and checks carefully to make sure that CARB standards are met.

After making this statement, Lynch was shown a video interview of the plant manager of a Chinese plant that manufactures products for Lumber Liquidators. In the video, the plant manager plainly states that the flooring did not meet CARB standards. The journalist narrating the video adds that visits made to two other plants that manufacture flooring for the company revealed that the company’s flooring failed to meet the standards.

On September 27, 2013, the State Council of the People’s Republic of China issued the Blueprint of the China (Shanghai) Pilot Free Trade Zone (“FTZ”). On September 29, 2013, the FTZ went into effect. This is the first FTZ in China, and, as per the Blueprint, it would relax certain regulatory restrictions – particularly regarding foreign investment in some industries.