Broadcasters’ appeal to have their case for an injunction against online TV service Aereo reheard by a full panel of judges was denied Tuesday by the 2nd U.S. Circuit Court of Appeals in New York after a 10-2 vote. The failure of the appeal of denial by a three-judge 2nd Circuit panel of an injunction preventing Aereo from retransmitting TV stations’ content is not unexpected, said several broadcast attorneys and one of the appellants, Fox. The denial likely won’t have much effect on the several remaining court battles involving Aereo and competitor FilmOn, broadcast attorneys told us, though a dissenting opinion from 2nd Circuit Judge Denny Chin could boost future broadcaster appeals. “They can use Chin’s dissent as a roadmap of sorts in formulating their arguments,” said Fletcher Heald’s Harry Cole, who’s not involved in the case. Fox “will now review our options and determine the appropriate course of action, which include seeking a hearing in the U.S. Supreme Court and proceeding to a full trial on the merits of the case,” said the 21st Century Fox subsidiary in a statement.
Broadcasters’ appeal to have their case for an injunction against online TV service Aereo reheard by a full panel of judges was denied Tuesday by the 2nd U.S. Circuit Court of Appeals in New York after a 10-2 vote. The failure of the appeal of denial by a three-judge 2nd Circuit panel of an injunction preventing Aereo from retransmitting TV stations’ content is not unexpected, said several broadcast attorneys and one of the appellants, Fox.
The Commerce Department told CBP to lift suspension of liquidation for countervailing duty purposes on entries of hardwood plywood from China (C-570-987), in a message dated July 15. The lifting of suspension of liquidation is effective back to July 12, so entries on or after that date aren’t subject to CV duty liability until further notice (like an eventual CV duty order). The move comes as a result of the end of the “provisional measures” period in the ongoing countervailing duty investigation. Commerce is only allowed to suspend liquidation of entries subject to an investigation for four months after the preliminary determination. It can then suspend liquidation again if the International Trade Commission finds injury and Commerce puts an AD/CVD order in place.
The Commerce Department finalized its regulation on certification of factual information in antidumping and countervailing duty cases, in a final rule set for publication July 17. The rule makes several changes from the February 2011 interim final rule that first imposed the strengthened certifications (see 11021027), including creating a separate certification for foreign governments. The new certification regulations will apply to AD/CV duty investigations based on petitions filed on or after Aug. 16, as well as other types of AD/CV duty proceedings initiated on or after that date.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website July 15, 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 Commerce Department published notices in the July 15 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 frozen warmwater shrimp from India (A-533-840). In a change from its preliminary results, the agency found a de minimis AD rate for Devi Fisheries. It continued to find a zero AD rate for Falcon. Commerce will now direct CBP to liquidate entries of subject merchandise during the period of review from Devi and Falcon without regard to AD duties, and will not collect a cash deposit on such entries until further notice. Subject merchandise from about 190 companies will be subject to a 3.49% cash deposit rate, while all other companies that aren't named in the notice and don't have AD rates established in previous reviews will be subject to the "all others" 10.17% AD rate. The new rates are effective July 16, and will be implemented by CBP soon.
The Commerce Department issued the final results of the antidumping duty administrative review on frozen warmwater shrimp from Thailand (A-549-822). The agency rescinded the review for 12 companies that didn't export to the U.S. during the period of review. But it assigned zero AD rates to 149 other Thai companies, including mandatory respondents Marine Gold and Thai Union, as well as 147 non-individually reviewed companies.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website July 12, 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 International Trade Administration issued the preliminary results of its antidumping duty administrative review on hot-rolled carbon steel flat products from China (A-570-865). The agency preliminarily found that the three affiliated companies under review, Baosteel Group Corporation, Shanghai Baosteel International Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd. did not have any reviewable shipments to the U.S. If these preliminary results are finalized, subject merchandise from these companies will continue to enter at AD rates calculated 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 rate for these companies.