The Court of International Trade sustained the International Trade Administration’s scope determination that plaintiff Acme Furniture Industry, Inc.’s imported product (a daybed with trundle) falls within the scope of the antidumping duty order on wooden bedroom furniture from China (A-570-890).
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 Commission is asking for comments by about April 12, 2012, on a patent complaint filed on behalf of HumanEyes Technologies, Ltd., 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 cameras and mobile devices, related software and firmware, and components thereof and products containing the same (D/N 2891). 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.
The International Trade Commission is publishing notices in the April 4, 2012, Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The Court of International Trade remanded the final results of the antidumping duty new shipper review of fresh garlic from China (A-570-851) to the ITA for redetermination. Specifically, in response to arguments from Chinese plaintiff Qingdao Sea-line Trade Co., Ltd., which was assigned a rate of 155.33% in the review, CIT ordered the ITA to: (1) explain its decision to use a non-contemporaneous surrogate value in its calculations; (2) revisit its use of Tata Tea’s statements to calculate surrogate financial ratios, and if ITA continues to use Tata Tea, explain why it constitutes the best available information; and (3) evaluate plaintiff’s suggestion during the review to use financial statements from Garlico to calculate surrogate financial ratios. The ITA’s remand redetermination is due to CIT by July 23, 2012. (CIT Slip Op. 12-39, dated 03/21/12, Judge Eaton)
The International Trade Administration issued the final results of the administrative review of the antidumping duty order on polyethylene terephthalate film, sheet and strip from the United Arab Emirates (A-520-803) which sets an AD cash deposit rate for one manufacturer/exporter. The rate, effective April 4, 2012, is expected to be implemented by U.S. Customs and Border Protection soon.
An official joint report on a potential free trade agreement (FTA) between Japan, China, and South Korea was released by Japan’s Ministry of Economy, Trade and Industry (METI). The Joint Study Report, which built on the Trilateral Joint Research Project conducted from 2003 to 2009, was requested by the leaders of three countries during the October 2009 Trilateral Summit in Beijing, China, and was compiled by a committee composed of government officials, business and academic participants from these three countries during seven meetings held by the committee between May 2010 and December 2011. The results will be reported to the leaders of Japan, China, and Korea at the Trilateral Summit between these countries in 2012. METI press release (dated 03/30/12) announcing availability of the report available here.
The International Trade Commission is requesting comments by June 1 on a new form for use by the ITC in connection with its investigation of Used Electronic Products: An Examination of U.S. Exports (332-528). The ITC estimates that the new form, a one-time industry questionnaire for U.S. firms acquiring, refurbishing, repairing, reselling, recycling, and/or exporting used electronics products in 2011, will have 5,000 respondents and require 2.5 hours to complete. The investigation was requested by the U.S. Trade Representative. The ITC expects to deliver the results of its investigation to the USTR by February 10, 2013.
The Mexican Secretary of Economy welcomed a letter from a group of U.S. Congressmen expressing support for the inclusion of Mexico in the Trans-Pacific Partnership (TPP) negotiations. The March 30 letter, sent to U.S. Trade Representative Ron Kirk by a group of 28 Congressmen led by Henry Cuellar (D-TX) and Francisco Canseco (R-TX), recognized the importance of the U.S.-Mexico commercial relationship, particularly the integration of production chains in North America to promote economic recovery and strengthen competitiveness in both countries. The legislators also noted the similarities between the U.S.-Mexican bilateral commercial agenda and the objectives of the TPP, and stated that Mexico is ready to meet the TPP’s high standards.
The International Trade Commission is asking for comments by about April 11, 2012, on a patent complaint filed on behalf of Technology Properties Limited, 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 computer and computer peripheral devices and components thereof, and products containing the same (D/N 2889). 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.
The Court of International Trade remanded to the International Trade Administration the final results of the 2004 changed circumstances review of the antidumping duty order on extruded rubber thread from Malaysia (A-557-805), which determined to revoke the AD order due to the bankruptcy of the sole U.S. manufacturer of the domestic like product. While the ITA revoked the order effective October 1, 2003, plaintiff Heveafil SDN. BHD. argues for an effective date of October 1, 1995.