No ruling will be issued in FilmOn X’s case in the 9th U.S. Circuit Court of Appeals until the Supreme Court issues a decision in its Aereo case, said a 9th Circuit order Monday. FilmOn’s appeal of a preliminary injunction granted against its streaming TV service in U.S. District Court in Los Angeles had already been through oral arguments in August -- the parties in the case were waiting for the 9th Circuit to issue a decision. The Supreme Court is expected to issue a decision on the Aereo matter, a broadcaster appeal of the 2nd U.S. Circuit Court of Appeals decision not to issue an injunction against Aereo, in the summer, say industry observers. The order staying the 9th Circuit case was issued by the 9th Circuit panel without any requests to do so from the parties in the case, according to online records. FilmOn’s appeal of a nearly nationwide injunction from the U.S. Court of Appeals for the D.C. Circuit -- barring it from streaming copyrighted material anywhere outside the jurisdiction of the 2nd Circuit -- was also put on hold to wait for the Supreme Court. Hearst’s case against Aereo in U.S. District Court in Boston has already been stayed pending a high court ruling at the joint request of both sides, and a similar joint request has been filed in Hearst’s appeal of a preliminary injunction ruling in Aereo’s favor in the 1st U.S. Circuit Court of Appeals. A hearing on a similar possible stay of the case brought by broadcasters against Aereo in U.S. District Court in Salt Lake City is set for Friday.
A committee that advises the Court of International Trade is beginning a preliminary look into the possibility of a “small claims” customs court, according to several industry lawyers. The CIT Advisory Committee on Rules recently created a subcommittee to look into the feasibility of the idea, which could make it cheaper and quicker for importers to challenge some CBP classification decisions that currently don’t merit the time and money required for litigation.
The Commerce Department published notices in the Jan. 27 Federal Register on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
The U.S. Court of Appeals for the Federal Circuit on Jan. 24 gave a green light to refunds of antidumping and countervailing duty cash deposits collected during the investigations on utility scale wind towers from China. The domestic Wind Tower Trade Coalition had appealed from the Court of International Trade, after the lower court denied an injunction preventing liquidation of wind towers from China entered between June 6, 2012, and Feb. 12, 2013. CAFC agreed with the lower court’s decision, finding the lawsuit unlikely to succeed, and refused to grant a preliminary injunction putting liquidation on hold.
The 9th U.S. Circuit Court of Appeals denied Fox’s petition for a rehearing on its request for an injunction against Dish Network’s AutoHop and PrimeTime Anytime features of the Hopper DVR. In July, the court unanimously ruled that Fox didn’t successfully demonstrate its breach of contract claims against Dish (CED July 25 p1). PrimeTime Anytime allows consumers to record primetime shows on ABC, NBC, CBS and Fox, while AutoHop lets users play back the recordings without commercials starting the day after broadcast.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website Jan. 24, 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 addcvd.cbp.gov. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)
The 9th U.S. Circuit Court of Appeals denied Fox’s petition for a rehearing on its request for an injunction against Dish Network’s AutoHop and PrimeTime Anytime features of the Hopper DVR. In July, the court unanimously ruled that Fox didn’t successfully demonstrate its breach of contract claims against Dish (CD July 25 p6). PrimeTime Anytime allows consumers to record primetime shows on ABC, NBC, CBS and Fox, while AutoHop lets users play back the recordings without commercials starting the day after broadcast.
The Commerce Department preliminarily said it found critical circumstances in its countervailing duty investigations on oil country tubular goods from India and Turkey (C-533-858, C-489-817), but won’t retroactively suspend liquidation yet because of negative determinations of illegal subsidization. Commerce preliminarily found Indian company Jindal SAW and all Turkish companies (including Borusan and Toscelik) ramped up exports of OCTG as soon as they knew about the CV duty investigations in an attempt to sell as much as possible before CV duties were imposed.
The Commerce Department issued the final results of the antidumping duty administrative review and new shipper reviews of tapered roller bearings and parts thereof, finished and unfinished, from China (A-570-601). The administrative review covered Changshan Peer Bearing (CPZ/SKF) and three non-individually reviewed companies. The new shipper reviews covered Automann and Zhengda. Commerce assigned Zhengda a zero AD rate, so all period of review entries both produced and exported by Zhengda will be liquidated without regard to AD duties, and no cash deposit will be required on future entries of subject merchandise produced and exported by Zhengda until further notice. The new rates are effective Jan. 27.
The Commerce Department issued the preliminary results of its countervailing duty administrative review on multilayered wood flooring from China (C-570-971). The agency calculated preliminary CV duty rates for two mandatory respondents, Armstrong and Lizhong, and averaged them to set preliminary rates for 86 companies that demonstrated independence from state control but were not individually reviewed. Commerce also set a preliminary CV duty rate for Fine Furniture, which chose to participate in the review as a voluntary respondent. These preliminary results are not in effect. Commerce may modify them in the final results of this review and change the estimated CV cash deposit rates for these companies.