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POLA and POLB Marine Terminal Gates Closed Thursday, April 5, 2018, from 5 p.m. - PierPass

PierPass Inc. has been notified that the International Longshore and Warehouse Union (ILWU) will observe a special stop work meeting for union business on Thursday, April 5, 2018, starting at 5 p.m. As a result, no marine terminal gates at the Port of Los Angeles or the Port of Long Beach will operate between the hours of 5:00 p.m. on April 5 through 3:00 a.m. on April 6. There will be no OffPeak shift Thursday night April 5.

Please check with individual terminals for substitute or alternative gates.


Petitions for the Imposition of Antidumping and Countervailing Duties on Certain Steel Wheels From the People’s Republic of China - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

I. Type of Action: Antidumping Duty (“AD”) and Countervailing Duty (“CVD”): PRC

II. Product: The scope of these petitions is certain on-the-road steel wheels for use with tubeless tires with a wheel diameter of 22.5 inches and 24.5 inches. Certain on-the-road wheels with a wheel diameter of 22.5 inches and 24.5 inches are generally designed, manufactured, and offered for sale for use on road and highway surfaces by Class 6, 7, and 8 commercial vehicles, including tractors, semi-trailers, dump trucks, garbage trucks, concrete mixers, and buses, and are the current standard wheel diameters for such applications. The standard widths of certain steel wheels are 7.5 inches, 8.25 inches, and 9.0 inches, but all certain steel wheels, regardless of width, are covered by the scope. While 22.5 inches and 24.5 inches are standard wheel sizes used by Class 6, 7, and 8 commercial trucks, their trailers, buses, and other commercial vehicles, and have been for several decades, these petitions are intended to cover new sizes that may be adopted for use on Class 6, 7, and 8 commercial vehicles.

The scope includes “hub-piloted” steel wheels and “stud-piloted” steel wheels and includes rims and discs for such wheels, whether imported as an assembly or separately. The scope includes wheels, discs, and rims, of carbon and/or alloy composition, whether cladded or not cladded, whether finished or not finished, and whether coated or uncoated. All on-the-road wheels sold in the United States are subject to the requirements of the National Highway Traffic Safety Administration and bear markings, such as the “DOT” symbol, indicating compliance with applicable motor vehicle standards. The scope includes steel wheels imported with and without the required markings, which may be added after importation. Steel wheels imported as an assembly with a tire mounted on the wheel or with a valve stem attached are included. However, if the steel wheels are imported as an assembly with a tire mounted on the wheel or with a valve stem attached, the tire or valve stem is not covered by the scope.

Excluded from the scope are steel wheels for use with tube-type tires. Also excluded from the scope are wheels where steel represents less than fifty percent of the product by weight (e.g., aluminum wheels). Steel wheels manufactured and offered for sale primarily for off-highway or off-the-road use are also excluded from the scope. Such wheels are not required to meet the National Highway Traffic Safety Administration’s requirements. Steel wheels that meet the National Highway Traffic Safety Administration’s requirements, but can be used off-road, are included in the scope.

III. HTS classifications: Certain steel wheels that are the subject of these petitions are primarily classifiable under the following categories of the Harmonized Tariff Schedule of the United States (“HTSUS”): 8708.70.4530, 8708.70.4560, 8708.70.6030, 8708.70.6060, 8716.90.5045, and 8716.90.5059. Wheels meeting the scope description may also enter under the following HTSUS subheadings: 4011.20.1015, 4011.20.5020, and 8708.99.4850.

IV. Date of Filing: March 27, 2018

V. Petitioners: Accuride Corporation and Maxion Wheels Akron LLC

VI. Foreign Producers/Exporters. Please contact our office for a list filed with the petition.

VII. U.S. Importers identified.  Please contact our office for a list filed with the petition.

VIII. Alleged Dumping Margins (No CVD Rates Listed):  PRC: 96.81-162.24%

IX. Comments:

A. Projected date of ITC Preliminary Conference: May 11, 2018.  Please contact our office for a complete projected schedule for the AD investigation.

B. The earliest theoretical date for retroactive suspension of liquidation for the AD is July 25, 2018; CVD is May 26, 2018.  Please contact our office for a complete projected schedule for the CVD Investigation.

C. Volume and Value of Imports:  Please contact our office for a summary of the data filed with the petition.

D. List of Alleged Subsidy Programs:  Please contact our office for a list of alleged subsidy programs.

If you have questions regarding how this investigation may impact future imports of scope merchandise, or whether a particular product is within the scope of the investigation, please contact one of our attorneys.


Following President Trump's Section 301 Decision, USTR Launches New WTO Challenge Against China  - Office of U.S. Trade Representative

Washington, DC – The United States is taking action at the World Trade Organization (WTO) to address China’s unfair technology practices that run counter to WTO rules.

Today, the U.S. Trade Representative (USTR) – at the direction of President Trump – filed a request for consultations with China at the WTO to address China’s discriminatory technology licensing requirements. The request comes a day after President Trump announced he was directing the USTR to pursue dispute settlement in the WTO to confront China over its policies that result in unfair treatment for U.S. companies and innovators trying to do business in China.

China appears to be breaking WTO rules by denying foreign patent holders, including U.S. companies, basic patent rights to stop a Chinese entity from using the technology after a licensing contract ends. China also appears to be breaking WTO rules by imposing mandatory adverse contract terms that discriminate against and are less favorable for imported foreign technology.

These Chinese policies hurt innovators in the United States and worldwide by interfering with the ability of foreign technology holders to set market-based terms in licensing and other technology-related contracts.

Background

The U.S. consultation request identifies apparent breaches by China of WTO rules, harming the intellectual property rights of U.S. companies and innovators. The U.S. claims under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) relate to China’s discrimination against foreign intellectual property rights holders (Article 3) and failure to ensure patent rights for foreign patent holders (Article 28). This is the Administration’s third WTO consultation request.

Consultations are the first step in the WTO dispute settlement process. If the United States and China are not able to reach a mutually agreed solution through consultations, the United States may request the establishment of a WTO dispute settlement panel to review the matter.

Following a Memorandum from President Trump, on August 18, 2017, the U.S. Trade Representative initiated an investigation under Section 301 of the Trade Act of 1974 into the government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. Following a thorough analysis of available evidence, USTR, with the assistance of the interagency Section 301 committee, prepared findings showing that, among other acts, policies, and practices, China uses discriminatory licensing requirements to transfer technologies from U.S. companies to Chinese companies.

China’s measures of concern include the Regulations of the People’s Republic of China on the Administration of the Import and Export of Technologies and the Regulations for the Implementation of the Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures. China’s measures provide less favorable treatment of foreign entities than the comparable treatment of domestic Chinese entities under the Contract Law of the People’s Republic of China.


CBP Offers Holiday Travel Tips and Easter Egg Regulations - U.S. Customs & Border Protection

EL PASO, Texas – With the Easter festivities right around the corner, CBP is reminding the traveling public that cascarones (confetti-filled eggshells) are restricted to quantities of 12 per passenger and the shells may be decorated, etched, or painted but they must be clean, dry, and free of any egg residue.

CBP agriculture specialists continue to fulfill CBP’s agriculture mission by excluding harmful pests and diseases from becoming established in the U.S. For more information regarding CBP’s agriculture mission, click on the following link. For an updated list of permissible agricultural items coming from Mexico, click on the following link.

“Historically this is one of the busiest travel weeks of the year at southwest border ports of entry,” said Hector Mancha, CBP El Paso Director of Field Operations. “Because some of the people we will encounter don’t cross the border often it is good to help educate members of the traveling public about what they can and cannot bring into the United States.”

Cascarones are a restricted commodity by CBP in order to prevent further spread of Newcastle Disease and Highly Pathogenic Avian Influenza (HPAI) through contaminated eggshells. Newcastle Disease is a highly contagious, fatal viral disease that affects a substantial number of bird species, attacking respiratory, nervous and digestive systems. Mortality is up to 90 percent of exposed birds. HPAI is also a viral disease that can cause exceptionally high mortality.

CBP would like to remind the public that fresh eggs, raw chicken, and live birds or poultry continue to be prohibited from Mexico as Mexico is affected with Newcastle Disease and Highly Pathogenic Avian Influenza (HPAI). Attempting to bring in these or other prohibited agricultural items would lead to traveler delays and may result in a fine ranging from $300 to $1000.

El Paso area CBP officials are anticipating an increase in applications by Mexican travelers for the required I-94 permit during the Easter holiday season. Mexican border crossing card holders who plan to visit the U.S. for more than 30-days and or plan to travel beyond the immediate border area are urged to obtain the essential document early instead of waiting until the day of travel.

“Securing the I-94 early can save time and help you avoid potential delays,” said Mancha.

For a faster more convenient method to apply for an I-94 travelers may utilize the online I-94 application process by visiting this I-94 website. This can be completed up to seven days prior to their entry. In order to finalize the I-94 issuance, a traveler must present themselves at a land port of entry within seven days of their application and be interviewed by a CBP officer. All traveling family members need to be present during the I-94 application process.

CBP is also reminding travelers who possess RFID-enabled documents to consider using designated Ready Lanes. Signage and dividers are in place to direct Ready Lane travelers to the appropriate lanes. Processing times at these lanes are generally 15-20 seconds quicker per vehicle than non-Ready lanes.

Members of the traveling public can monitor Border Wait Times via this link or also obtain the BWT app on their smartphone via Apple App Store and Google Play so that they can observe the wait times and make an informed decision on which bridge to use. These wait times are updated hourly. Travelers can also observe current traffic conditions at the Paso Del Norte, Stanton and Ysleta bridges on the city of El Paso website.


Secretary Nielsen Enters Agreements With Mexican Officials To Strengthen U.S.-Mexico Relationship - Department of Homeland Security

WASHINGTON – Yesterday, Secretary of Homeland Security Kirstjen M. Nielsen traveled to Mexico City, Mexico to meet with her Mexican counterparts to discuss economic and national security issues affecting both the United States and Mexico.

In separate bilateral meetings with Secretary of Foreign Affairs Luis Videgaray Caso and Secretary of Interior Alfonso Navarrete Prida, Secretary Nielsen discussed a range of national security issues including the importance and success of joint operations at the border, such as increased seizures, and improved information sharing. They also discussed the need for infrastructure improvements along the border to speed legitimate trade and travel. This included their shared commitment to cross border economic prosperity. Both sides expressed concerns with migration flows including those caused by the collapse of the Venezuelan economy and its impact in the region. The partners shared their mutual desire to confront transnational criminal organizations and money laundering. Lastly, both sides reiterated their long held respect for the human rights of migrants.

The strong relationship between the U.S. and Mexico, and the safe and efficient crossing of goods, is critical to the economic success of both countries. To enhance these efforts, the U.S. and Mexico entered three agreements to strengthen our operations.

U.S. Customs and Border Protection (CBP) Commissioner Kevin McAleenan and the Tax Administration Service (SAT) signed a Memorandum of Cooperation (MOC) on Customs and Trade Enforcement, which will facilitate the development and implementation of joint and coordinated programs aimed at increasing trade and customs compliance, as well as combating illicit activities.

Additionally, CBP and SAT signed a Memorandum of Understanding (MOU) on Cargo Pre-Inspection Program and Unified Cargo Processing (UCP). This MOU states the bilateral commitment for the further implementation of cargo-pre inspection and UCP programs, through which Mexican customs officers and CBP officers will work together to inspect and process cargo shipments.

Lastly, CBP and the National Service for Agro-Alimentary Public Health, Safety and Quality (SENASICA) signed an MOU to enable collaboration between the two agencies on agriculture safeguarding, agriculture quarantine inspections at ports of entry, and information sharing. The MOU promotes cooperation and information sharing to enabling the U.S. to handle legitimate and safe shipments while addressing those that pose a risk.


Bridge & Tunnels Advisory - NY/NJ Port of Authority

Lane closings are planned for the George Washington Bridge and the Holland Tunnel this weekend and/or next week for ongoing construction and repair projects.

Holland Tunnel:

  • One westbound lane in the tunnel will be closed during overnight hours from Sunday, March 25, through Thursday, March 29, from 11:59 p.m. each night through 5:30 a.m. the following morning. The closings are needed for ongoing tunnel repairs.
  • One eastbound lane in the tunnel will be closed during overnight hours from Sunday, March 25, through Thursday, March 29, from 11 p.m. each night through 5 a.m. the following morning. The closings are needed for ongoing tunnel repairs.

George Washington Bridge:

  • The bridge’s lower level westbound side will be closed from 10 p.m. Saturday, March 24, through 10 a.m. Sunday, March 25.
  • One lane on the bridge’s lower level westbound side will be closed from 11 p.m. Friday, March 23, through 7 a.m. Saturday, March 24.
  • Two lanes on the bridge’s upper level westbound side will be closed from 11 p.m. Friday, March 23, through 10 a.m. Saturday, March 24.
One lane on the bridge’s lower level eastbound side will be closed from 11 p.m. Friday, March 23, through 7 a.m. Saturday, March 24, and from 11 p.m. Saturday, March 24, through 7 a.m. Sunday, March 25.
 
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