The Commerce Department is amending the final results of an administrative review on seamless refined copper pipe and tube from China (A-570-964) in order to slightly decrease the antidumping duty rate it assigned to Golden Dragon in April. Commerce says it made a technical error when it calculated Golden Dragon’s AD duty rate in the final results (see 14042510). Correcting that error drops Golden Dragon’s rate to 4.48% (from 4.5%). Commerce says it still intends to assess AD duties on importers of subject merchandise from Golden Dragon entered Nov. 1, 2011 through Oct. 31, 2012 at importer-specific rates. The change in Golden Dragon’s AD duty cash deposit rate is effective April 28, said Commerce.
The Chinese government is considering an agreement to settle the ongoing antidumping duty investigation on crystalline silicon photovoltaic products from China (A-570-010), according to documents it recently filed with the Commerce Department. In an Aug. 8 letter, China said it is “considering the possibility of negotiating a Suspension Agreement with respect to this investigation,” and asked for a week-long extension of the applicable deadline. Commerce subsequently granted the extension, giving China until Aug. 15 to submit a proposed suspension agreement. If a suspension agreement is finalized, Commerce will end its investigation in return for guarantees that China will stop dumping or even stop exporting subject merchandise to the U.S. altogether. The agreement would be subject to monitoring and periodic reviews, and Commerce would be able to reinstate its investigation if it finds China is failing to comply. Commerce set AD duty cash deposit requirements at 26.33% to 165.04% in its preliminary determination issued at the end of July (see 14073011). Solar products from China are also subject to a countervailing duty investigation (see 14060914).
On Aug. 8 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
The Food and Drug Administration will allow use of vitamin D3 as a food additive in certain meal replacement beverages, it said in a final rule that takes effect Aug. 12. The agency says it will allow Vitamin D3 as a nutrient supplement, subject to limitations on the total amount, in meal replacement beverages that are not intended for special dietary use in reducing or maintaining body weight and for use in foods that are sole sources of nutrition for enteral feedings. Objections and requests for hearings are due Sept. 11.
On Aug. 8 the Foreign Agricultural Service posted the following GAIN reports:
The Town of Limon has submitted an application to establish the third foreign-trade zone in the Denver area, according to a notice issued by the FTZ Board. The proposed zone would cover Adams, Arapahoe and Morgan Counties, Colorado, as well as portions of Elbert, Lincoln and Washington Counties. It would be established under the Alternative Site Framework, which streamlines processes for designation of new FTZ subzones and usage-driven sites within the service area by allowing companies to request zone status through the relatively simple "minor boundary modification" process. Comments are due Oct. 14.
Carriers are allowed to insert “exoneration clauses” into through bills of lading that force shippers to sue the carrier for cargo loss instead going to the subcontractors that may have been directly responsible, said the U.S. Court of Appeals for the 2nd Circuit in a decision issued Aug. 6. Although the insurance company for the shipper of merchandise damaged in a train derailment wanted to sue the railroad to recoup its losses, the court ruled valid a clause in the through bill of lading issued by the ocean carrier that subcontracted out the inland transportation for a shipment from China to Georgia.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website Aug. 8, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at http://adcvd.cbp.dhs.gov/adcvdweb.
CBP Seattle issued a notice providing guidance on procedures for diverting cargo previously bound for Vancouver, Canada to the Port of Seattle, following the decision by the DP World terminal in Vancouver to stop accepting U.S.-bound intermodal rail cargo beginning Aug. 8 due to congestion. All cargo diversion requests should be forwarded by email to the CBP Seattle Advanced Targeting Unit for approval at SeattleATU@cbp.dhs.gov, said CBP. In order to avoid duplicate requests, only one request should be made by the vessel operating carrier 48 hours prior to the vessel’s arrival at the Area Port of Seattle/Tacoma, it said.
The Pipeline and Hazardous Materials Safety Administration is proposing new regulations covering reverse logistics for certain hazardous materials. The agency’s proposed rule addresses requirements for goods that are shipped back to the vendor, distributor, manufacturer, or other entity for the purpose of returning, recalling product, or replacement. For shipments of hazardous materials covered by the proposed regulations, PHMSA would relax segregation requirements to allow the mixing of various hazard classes as long as the packages are not leaking, and would create a separate set of packaging standards. The new provisions would only apply to truck shipments under hazard classes 1.4 (ammunition), 2.1 (flammable gas), 2.2 (non-flammable compressed gas), 3 (flammable and combustible liquid), 4.1 (flammable solid), 5.1 (oxidizer), 5.2 (organic peroxide), 6.1 (poisonous materials), 6.2 (infectious substance), 8 (corrosive material) and 9 (miscellaneous). Air, ocean, and rail shipments would still be subject to hazardous materials rules for normal shipments. Comments are due Oct. 10.