The International Trade Commission is publishing notices in the July 25 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 9th U.S Circuit Court of Appeals denied Fox an injunction against the AutoHop features of Dish Network’s Hopper DVR, upholding a previous decision in a lower court. Fox claimed that the PrimeTime Anytime feature breaches contract and infringes Fox’s copyrights (CD Aug 28 p5). Fox was denied the injunction by the U.S. District Court in Los Angeles in November. The unanimous ruling was issued by judges Sidney Thomas, Barry Silverman and Raymond Fisher.
The 9th U.S Circuit Court of Appeals denied Fox an injunction against the AutoHop features of Dish Network’s Hopper DVR, upholding a previous decision in a lower court. Fox claimed that the PrimeTime Anytime feature breaches contract and infringes Fox’s copyrights (CED Aug 28 p5). Fox was denied the injunction by the U.S. District Court in Los Angeles in November. The unanimous ruling was issued by judges Sidney Thomas, Barry Silverman and Raymond Fisher.
The Commerce Department published notices in the July 24 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 began on July 22 nine antidumping duty investigations of oil country tubular goods from India, South Korea, the Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and Vietnam, and two countervailing duty investigations on oil country tubular goods from India and Turkey, in response to a petition from several domestic manufacturers, it said in a fact sheet. According to the July 2 petition, despite the effectiveness of the duties on OCTG from China, after which the imports “virtually disappeared” from the U.S. market, the industry has for the past several years been buffeted by OCTG from these nine countries (see 13070332). The International Trade Commission is set to make its preliminary injury determination by Aug. 16.
The FCC Incentive Auction Task Force released preliminary data on the repacking process for the incentive auction, including information about the TVStudy repacking software and data on Canadian and Mexican TV allotments, said a public notice released at our deadline Monday. “The material being released represents the results of a staff analysis of whether a television station could be assigned to particular channels in the incentive auction repacking process, consistent with statutory and other requirements, based on certain preliminary assumptions,” it said. The information includes supporting data for determining the coverage area and population served of each station and “descriptions of how one could pre-calculate which stations could be assigned to which channels in the repacking process, and which stations cannot operate on the same channels or adjacent channels” because of their locations, said the notice. “As directed by Congress, the FCC will ensure this process makes all reasonable efforts to preserve the coverage area and population served of each broadcast television licensee,” said a commission spokesman. The released data is the first of what the notice said will be several releases of information on the repacking, including “details about how bids will be selected, how channels will be assigned, and algorithms for carrying out these and other elements of the repacking process” that will “be made public in the coming months.” “T-Mobile appreciates the FCC moving forward on the broadcast incentive auction by providing important information related to repacking for broadcasters -- a key component for maximizing the amount of spectrum available and making the 600 MHz incentive auction a robust opportunity for wireless broadband,” said T-Mobile Vice President Kathleen Ham. “We look forward to reviewing their proposals and commenting in the weeks ahead."
The International Trade Administration issued the preliminary results of its antidumping duty administrative review on cut-to-length carbon steel plate from China (A-570-849). The agency preliminarily found that two of the three companies under review, Baosteel1 and Shanghai Pudong Iron and Steel Co., did not demonstrate independence from state control (and eligibility for a separate rate), so Commerce preliminarily assigned them the China-wide entity rate of 128.59 percent. Commerce also found that the other respondent, Hunan Valin Xiangtan Iron & Steel Co., Ltd. did not have any reviewable shipments to the U.S. If these preliminary results are finalized, subject merchandise from Hunan Valin will continue to enter at AD rates set in previous reviews. These preliminary results are not in effect. Commerce may modify them in the final results of this review and change the estimated AD cash deposit rates for these companies.
The Senate Appropriations Committee is asking NTIA for a further explanation of its role on ICANN’s Governmental Advisory Committee, in response to concerns that NTIA isn’t doing enough to ensure the protection of U.S. consumers, companies and the government itself as ICANN rolls out new top-level domains. The report associated with the appropriations bill the committee passed last week “urges greater participation and advocacy within the GAC and any other mechanisms within ICANN in which NTIA is a participant” (http://1.usa.gov/1336n3u).
The government of Canada issued the following trade-related notices for July 22 (Note that some may also be given separate headlines.)
A preliminary Department of Homeland Security analysis of cybersecurity incentives found that grants to non-price-regulated industries, as well as including the cost of cybersecurity in the base rate for services in price-regulated industries, were the “most effective and efficient” incentives to encourage industry participation in the Obama administration’s efforts to improve cybersecurity in critical infrastructure -- but they also respectively carry the highest cost for the government and consumers, according to a copy of the study we obtained Friday. The document, circulated May 21 among members of the DHS Integrated Task Force’s incentives working group, was a precursor to formal incentive recommendations DHS submitted to the Office of Management and Budget June 12.