Article posted with permission from OCEANAIR’s Customs Attorneys: GDLSK — Grunfeld, Desiderio, Lebowitz, Silverman, & Klestadt LLP
I. Type of Action: Antidumping Duty (“AD”): People’s Republic of China.
II. Product: The scope of this investigation is carton-closing staples. The scope description is below: The merchandise covered by 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. Carton-closing staples include stick staple products, often referred to as staple strips, and roll staple products, often referred to as coils. Stick staples are lightly cemented or lacquered together to facilitate handling and loading into stapling machines. Roll staples are taped together along their crowns. Carton-closing staples vary by the size of the wire, the width of the crown, and the length of the leg. The leg length ranges from 0.45 inch to 1.375 inches and the crown width ranges from 1.125 inches to 1.375 inches. The size of the wire used in the production of carton-closing staples varies from 0.033 to 0.058 inch (thickness) by 0.072 to 0.096 inch (width). 13 Staples that deviate from these dimensions by 10 percent or less in any aspect are covered. Two examples of basic carton-closing stick staples, although there are others, are the “A” staple and the “C” staple. The “A” staple has a crown of 1 3/8 inches (35 mm) and the “C” staple has a crown of 1 1/4 inches (32 mm). 14 “A” staples are produced using wire that is 0.037″ x 0.092″ and are available with legs that are 5/8 inch, 3/4 inch, or 7/8 inch. “C” staples are produced using wire that is 0.037″ x 0.074″ and are available with legs that are 5/8 inch or 3/4 inch. Roll staples are produced in the same sizes and dimensions. All carton-closing staples meeting the physical descriptions in this scope are covered, regardless of whether they are coated, uncoated, or the type of coating, regardless of whether they are produced from steel wire or stainless steel wire, and regardless of whether they are imported in stick form or roll form.
III. HTS classifications: Carton-closing staples subject to this investigation are currently classifiable under subheadings 8305.20.00.00 and 7317 .00.65.60 of the Harmonized Tariff Schedule of the United States (“HTSUS”).
IV. Date of Filing: March 31, 2017
V. Petitioners: North American Steel & Wire, Inc./ISM Enterprises
VI. Foreign Producers/Exporters. Please contact GDLSK’s offices for a list filed with the petition
VII. US Importers named. Please contact GDLSK’s offices for a list filed with the petition
VIII. Alleged Dumping Margin: People’s Republic of China: 15.8% – 148.8%;
A. Projected date of ITC Preliminary Conference: April 21,2017. Please contact GDLSK’s offices for a complete projected schedule for the AD investigation.
B. The earliest theoretical date for retroactive suspension of liquidation for the antidumping duty is June 9, 2017;
C. Volume and Value of Imports:
Please contact GDLSK’s offices for a summary of the data filed with the petition 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. If you have questions regarding this case, including recovery of ADD/CVD deposits, please feel free to contact Max Schutzman, Ned Marshak, Erik Smithweiss or other attorneys at the firm here.