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Advisories

11/04/2014
Apparel Companies Under Threat from “Made in USA” Cases Under California Law
U.S. apparel companies that use de minimis amounts of foreign-made components such as zippers or buttons in their garments were dealt a blow recently when a federal judge declined to throw out a class action lawsuit alleging that clothing labeled as “made in USA” is in violation of California’s strict false advertising law. The case will thus continue and could still result in settlements, damages or other expensive alternatives for affected companies.
10/16/2014
New AD and CV Duties Sought On Welded API Line Pipe from Korea and Turkey
A petition filed Oct. 16 alleges that certain line pipe from Korea and Turkey is being sold at less than fair value. The alleged dumping margins are 58.83 percent to 221.54 percent for Korea and 16 percent for Turkey. The petition also alleges countervailable subsidies for both countries.
09/17/2014
Court Finds That Individuals May be Personally Liable for Entry Violations on Company Imports
Import managers, compliance officers, business owners and others can now be held personally liable under U.S. Customs and Border Protection’s penalty statute (19 USC 1592(a)) for fraudulently or negligently providing information on company imports. A Sept.16 appeals court decision distinguishes between those who “enter” goods (e.g., the importer of record) and those who “introduce” goods into U.S. commerce and broadly defines the latter, creating a wide-ranging new category of individuals subject to penalties for violations of 19 USC 1592(a).
08/27/2014
New AD/CV Duties Sought On Boltless Steel Shelving from China
A petition filed Aug. 26 alleges that certain boltless steel shelving from China is being sold at less than fair value and also benefits from countervailable subsidies. The alleged dumping margins range from 33 percent to 267 percent, and 20 distinct countervailable subsidy programs are alleged. Under special non-market economy rules, the petitioners have selected Indonesia as a surrogate country to value factors of production for Chinese manufacturers.
08/12/2014
CBP Clarifies Policy on Post-Entry Claims for Select FTAs and Preference Programs – UPDATE to August 7, 2014 Client Advisory
U.S. Customs and Border Protection issued a guidance letter to the ports Aug. 11 that stated unequivocally that protests cannot be filed to make an initial GSP or AGOA claim or a claim under an FTA not included in 19 USC 1520(d).
08/07/2014
CBP Prohibiting Post-Entry Claims for Select FTA and Preference Programs
A recent change in practice by U.S. Customs and Border Protection is limiting the right of importers to claim preferential treatment under certain free trade agreements and the Generalized System of Preferences. A CBP public guidance document on this issue is expected in the near future, but in the meantime the change could result in unexpected costs for importers.
07/09/2014
CBP Proposes Obstacles to “First Sale”
U.S. Customs and Border Protection proposed this week potentially far-reaching changes that could make it more difficult for importers to substantiate claims under the cost-saving First Sale Rule.
06/03/2014
New AD/CV Duties Sought On Passenger Vehicle and Light Truck Tires from China
A petition filed June 3 alleges that certain passenger vehicle and light truck tires from China are being sold at less than fair value and also benefit from countervailable subsidies. The alleged dumping margins range from 45.25% to 60.15%, and 41 countervailable subsidy programs are alleged.
05/29/2014
New AD/CV Duties Sought On Steel Nails from Seven Countries
A petition filed May 29 alleges that certain steel nails from India, Korea, Malaysia, Oman, Taiwan, Turkey and Vietnam are being sold at less than fair value and also benefit from countervailable subsidies. The alleged dumping margins are as follows.
04/28/2014
New AD/CV Duties Sought On 53-Foot Containers from China
A petition filed April 23 alleges that 53-foot domestic dry containers from China are being dumped below cost in the U.S. market and are also benefiting from countervailable subsidies. The alleged dumping margin is 90.39%. Petitioner Stoughton Trailers LLC, which describes itself as the sole U.S. producer of domestic containers, has requested that Thailand be used as a surrogate country for purposes of valuing Chinese producers’ factors of production.
04/21/2014
Maquilas Can Begin Applying for Certification for VAT Tax Credit
The Mexican tax authority has begun accepting applications from maquiladoras for certification that will ease the burden of a tax reform law that took effect Jan. 1, 2014. Applications may be submitted at various times during the year depending on where in Mexico the maquila is located.
04/17/2014
Food Supply Chain Members Urged to Prepare for New Sanitary Transport Regulations
Shippers, carriers, receivers, foreign exporters and others in the food supply chain should act now to evaluate how broad new regulatory requirements for sanitary transportation recently proposed by the Food and Drug Administration could affect their operations. Interested parties also have until May 31 to submit comments on the proposed rule, including recommendations for further changes. Members of Sandler, Travis & Rosenberg’s FDA regulatory and life sciences practice are available to assist with either of these efforts.

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