A preliminary injunction stopping online TV service FilmOn X from streaming content in Washington, D.C., would undermine innovation, restrict consumer choice and “cripple” FilmOn’s business, said the company -- formerly known as Aereokiller -- in filings in U.S. District Court in Washington, D.C., Thursday. Broadcaster arguments that FilmOn is hurting negotiations with advertisers and in retransmission consent agreements are “speculative fears of possible revenue consequences,” said one of FilmOn’s filings. “Plaintiffs are not entitled to a presumption of irreparable harm and have not asserted, let alone provided evidence” that FilmOn’s service is hurting their bottom lines, said the company. A similar injunction was granted against FilmOn in California, and is on appeal in the 9th U.S. Circuit Court of Appeals, while broadcasters were denied a preliminary injunction against Aereo in the 2nd Circuit (WID July 17 p5). The D.C. court should grant a “nationwide” injunction against FilmOn, broadcasters said in a motion requesting the ruling. But such a sweeping ruling would prevent courts in the 9th Circuit case against FilmOn and in a similar copyright case brought against Aereo by Hearst in U.S District Court in Boston from issuing their own rulings, argued FilmOn. Instead, the D.C. court should limit the scope of any injunction to FilmOn’s activities within the D.C. Circuit, said FilmOn. A hearing in the D.C. U.S. District case is scheduled for September, and oral arguments in the appeal in the 9th Circuit are set for Thursday.
The Commerce Department published notices in the Aug. 16 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 Commerce Department issued the final results of the antidumping duty administrative review on polyethylene retail carrier bags from Thailand (A-549-821). The agency made no changes from its preliminary results, continuing to find Trinity Pac didn't cooperate in the review. It also found TPN FlexPak had no shipments during the review period, so entries from that company will continue to enter at the rate set in previous reviews. The new rates are effective Aug. 19, and will be implemented by CBP soon.
The Commerce Department issued the final results of the antidumping duty administrative review on narrow woven ribbons with woven selvedge from Taiwan (A-583-844). The agency made no changes from its preliminary results, continuing to find Pacific Imports and Intercontinental Skyline didn't cooperate in the review, and assigning each company an adverse facts available (AFA) rate. The new rates are effective Aug. 19, and will be implemented by CBP soon.
Antidumping and countervailing duty investigations on oil country tubular goods from nine countries will continue, after the International Trade Commission voted Aug. 16 that imports of the product may be hurting U.S. industry. The ITC and the Commerce Department are considering imposing antidumping duties on oil country tubular goods from India, South Korea, Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine and Vietnam, and countervailing duties on India and Turkey. A coalition of U.S. manufacturers requested the duties in July (see 13070332). The Port of New Orleans recently weighed in on the danger AD/CVD duties on oil country tubular goods could pose for the economy (see 13081401)
The Commerce Department found no countervailable subsidies for exporters of frozen warmwater shrimp from Indonesia (C-549-828) in its final determination. Liquidation of entries of shrimp from Indonesia had never been suspended, because Commerce also found no countervailable subsidization in its preliminary determination. As a result of this negative final determination, Commerce is terminating this CV duty investigation.
The Commerce Department issued its final affirmative countervailing duty determination on frozen warmwater shrimp from India (C-533-854). The agency made slight changes to CV rates from its preliminary determination. The new rates take effect Aug. 19.
The Commerce Department issued its final affirmative countervailing duty determination on frozen warmwater shrimp from Vietnam (C-570-989). The agency made changes to CV duty rates for all Vietnamese exporters. The new rates take effect Aug. 19.
The Commerce Department issued its final affirmative countervailing duty determination on frozen warmwater shrimp from Malaysia (C-557-814). The agency made changes to CV rates from its preliminary determination. The new rates take effect Aug. 19.
The Commerce Department issued its final affirmative countervailing duty determination on frozen warmwater shrimp from China (C-570-989). The agency raised CV rates for all Chinese exporters of subject merchandise . The new rates take effect Aug. 19.