The International Trade Commission is asking for comments by approximately March 31, 2012 on a patent complaint filed on behalf of Emerson Electric Co., which alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain food waste disposers and components and packaging thereof (D/N 2886). ITC is asking for comments on any public interest issues that might affect ITC consideration, including whether the issuance of an exclusion order and/or cease and desist order would impact the public interest.
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
The International Trade Administration has issued the preliminary results of the administrative review of the antidumping duty order on sodium hexametaphosphate from China (A-570-908) for one exporter. The ITA may modify them in the final results of this review and change the estimated AD cash deposit rate for this company.
The International Trade Administration has issued its final affirmative antidumping duty determination on certain steel wheels from China (A-570-973), which reduces the AD rates for 12 producer exporters and maintains the China-wide AD rate of 193.54% found in the preliminary determination. This final determination, which is effective March 23, 2012, is expected to be implemented by U.S. Customs and Border Protection soon.
The International Trade Administration has issued its final affirmative countervailing duty determination on certain steel wheels from China (C-570-974), which reduces the CV rates for three firms and “all-others”. Although this final determination takes effect March 23, 2012, ITA will only require CV cash deposits of estimated CV duties if it issues a CV order.
On January 17, 2012, the Energy Department issued a proposed rule on energy conservation standards for several classes of commercial heating, air-conditioning, and water-heating equipment. The DOE is now issuing a supplement to that proposed rule that would (i) modify the initially proposed definition of “computer room air conditioner”, (ii) clarify the proposed test procedure provisions for commercial package air-conditioning and heating equipment and variable refrigerant flow systems, and (iii) clarify the application of the DOE test procedures and harmonize DOE testing with the testing performed by industry. The DOE is seeking comments on this supplemental rule by April 2, 2012.
The State Department issued a final rule, effective March 22, 2012, amending the International Traffic in Arms Regulations (ITAR) at 22 CFR Part 126 to add another exception to the license denial policy toward Sri Lanka. This change allows for exports to Sri Lanka for assistance for aerial and maritime surveillance, pursuant to the Consolidated Appropriations Act of 2012 (Public Law 112-74).
The Census Bureau has issued an AES Broadcast stating that, effective immediately, the Harmonized Tariff Schedule (HTS) tables in the Automated Export System (AES) have been updated for the Korea Free Trade Agreement (KFTA). According to the broadcast and Census sources, AES will accept shipments with outdated codes for a 30-day grace period from approximately March 14 through April 13, 2012. Reporting an outdated code after the 30 day grace period will result in a fatal error.
The U.S. Department of Agriculture has withdrawn its March 8, 2012 proposed rule that would have added reporting for pork (fresh, chilled, and frozen box/primal cuts) and distillers dried grain (DDG) to the Export Reporting Requirements. USDA learned after publication that clearance from the Office of Management and Budget had not yet been obtained, so the proposed rule needs to be withdrawn until such clearance is conveyed.
The Census Bureau has posted to its website the March 2012 issue of its Automated Export System Newsletter (AES Newsletter). The newsletter contains the following articles:
This is a reminder that, for antidumping and countervailing duty investigations initiated on the basis of petitions filed on or after November 2, 2011, the posting of bonds in lieu of cash deposits will no longer be allowed from the date of the preliminary determination until the effective date of the order (i.e., the provisional measures period). The first set of investigations affected by this change has preliminary determination dates scheduled for late May and early June 2012.