The New Era
There is a real underlying concern not only in the DOC Anti-Dumping matter, in addition the overall results will have adverse and irreparable affects on small business concerns in the United States.
New Era has offered its clients the option to attempt legislative action be taken to stop stockpiling of HFC imports.
Under IRS Publication 510, IRS imposed an excise tax and a floor stocks tax on ozone depleting chemicals.
As in the HFCF issue, New Era attempted to convince EPA to evoke this existing IRS Rule to prevent the continued flood of HCFC-22 into US markets. EPA was in support of such an action. IRS was also in agreement to take such steps but noted that they do not have regulatory authority to include HCFCs, HFCs, PFCs, Global Warming Potential (chemicals) or Greenhouse Gas (chemicals).
New Era is attempting to gain support for such action in Congress during the fall 2015 session.
Through our efforts of 2014 on the issue of HCFC allowances, New Era has established and maintains a working relationship with SBA’s Office of Advocacy. SBA is critically important in the rule-making process. SBA is charged by law to insure that directly-affected parties are considered when rules are promulgated.
New Era has challenged the rule-making process to insure that executive orders are applied when appropriate. It is important that the Small Business Roundtables are held so that the voices of our clients will be heard. New Era insures that the Regulatory Flexibility Act (RFA), Small Business Regulatory Enforcement Fairness Act (SBREFA), and Consumer Protection and Dodd Frank are considered and included, as required.
SBA is a member of the Inter-Governmental Review Panel that has oversight on agency rule-making.
EPA received a petition on January 31, 2014 that requested that EPA undertake advancing a rule to include hydrofluorocarbon refrigerants under the current rule that covers Chlorofluorocarbons (CFCs) and Hydroclorofluorocarbons (HCFCs).
As a result of that petition, and in keeping with the administration's “Climate Action Plan”, a stakeholder meeting took place on November 12, 2015. The purpose of this meeting was to advance the concept of refrigerant management.
The meeting included many sectors of the industry as well as several large environmental groups.
On behalf of our members, New Era exchanged ideas with the Stratospheric Ozone Division.
New Era was informed of concerns that related to leak rates, recordkeeping, reclaim standards and practices, along with a program to insure proper oversight.
Currently an Anti-Dumping and Countervail Tariff Complaint has been filed with the Secretary of Commerce.
The Petition has gone through the mandatory 45-day determination. New Era appeared and gave testimony in the International Trade Commission Conference hearing. New Era is an interested party and has engaged this issue to protect the interest of it’s client.
The matter before DOC is complex and can have significant impact, on not only matters of trade and commerce, but on the environment of the United States.
In our newsletter, we outline dates for events. New Era is very careful not to express opinions on the merits of this case, as in any legal proceeding where the outcome cannot be predicted.
Our clients are waiting on a “scope determination”, and in December, DOC will give instructions to Customs and Border Patrol (CBP) on what, if any, deposits will be subject to a tariff.
DOC can find that the blends and components described in this action can be covered by their action up to 120 days prior to the findings.
Again, our newsletter outlines the disposition of the appeal of the recent Anti-Dumping and Countervailing Tariff for R-134a where DOC ruled against the petitioners.
New Era insures that its clients are well represented when proposed rules are sent to the Office of Management and Budget.
Clients are able to express concerns that may not be known to OMB and the panel that my have an affect on the rule and how it operates with respect to business operations.
These actions are critical to the rule-making process and must be followed in the event that there is a challenge to any action taken by the government.
New Era guides its clients even after rules are in the final stages of approval, and meets with OMB for review before a rule is published.