The Court of Appeals for the Federal Circuit reinstated a temporary restraining order blocking liquidation of entries of wind towers from China and Vietnam made during the “provisional measures” period between the preliminary determination and orders issued in the antidumping and countervailing duty investigations. The temporary restraining orders had been in place since March 4, pending the coalition’s challenge to the effective date of the AD/CV duty orders resulting from the investigations (see 13030820). Because of the injury vote in the investigations, the orders did not cover entries made between the preliminary determination and the AD/CV duty orders. The Court of International Trade denied the coalition’s motion for an injunction against liquidation, and dissolved the temporary restraining order (see 13040132), but the coalition appealed CIT’s ruling on April 3 (see 13040925). The appeals court is holding off on dissolution of the restraining order until it hears back from the government on the motion to stay.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website April 19, 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 on April 17 initiated an antidumping duty investigation on diffusion-annealed, nickel-plated flat-rolled steel products from Japan (A-588-869). According to a fact sheet released by the agency, domestic petitioners are alleging AD rates of 56.5 to 77.7 percent (see 13032901 for summary of the March 27 petition, which alleged rates of 37.7 to 73.5%). Imports of subject merchandise totaled about $24,082,000 by value in 2012.
The Commerce Department published notices in the April 17 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 lightweight thermal paper from Germany (A-428-840). The agency made no changes from its preliminary results, continuing to find that Papierfabrik August Koehler AG did not cooperate in the review, and as a result assigning the company an adverse facts available (AFA) rate of 75.36 percent. The new rate is effective April 18, and will be implemented by CBP soon.
Broadcasters asked the full 2nd U.S. Circuit Court of Appeals to re-hear their case for a preliminary injunction against online TV service Aereo, in a petition for an en banc hearing filed Monday. In the filing, the plaintiffs, including major broadcasters such as Fox, NBCUniversal and Disney, said the panel made a “major error” in its 2-1 decision April 1 to deny the preliminary injunction to stop Aereo from distributing New York City TV signals to online subscribers without broadcaster consent. They said the court’s majority opinion “upends decades of settled expectations in the broadcasting industry."
The cable industry was adamant in comments posted Tuesday in docket 05-25 that the FCC’s special access data collection regime violates the Paperwork Reduction Act. NCTA and ACA said the FCC’s PRA time estimate was far too low, with an actual burden far disproportionate to any possible benefit. Some small carriers also objected to the burden, saying there’s almost no “practical utility” to collecting the information. But AT&T and several CLECs said the burden was accurately estimated, and justified.
Broadcasters asked the full 2nd U.S. Circuit Court of Appeals to re-hear their case for a preliminary injunction against online TV service Aereo, in a petition for an en banc hearing filed Monday. In the filing, the plaintiffs, including major broadcasters such as Fox, NBCUniversal and Disney, said the panel made a “major error” in its 2-1 decision April 1 to deny the preliminary injunction to stop Aereo from distributing New York City TV signals to online subscribers without broadcaster consent. They said the court’s majority opinion “upends decades of settled expectations in the broadcasting industry."
The Commerce Department preliminarily determined that graphite electrodes with an actual or nominal diameter of 17 inches, produced and/or exported by Jilin Carbon from China to the U.S., is circumventing the antidumping duty order on small diameter graphite electrodes from China (A-570-929). Although the scope of that AD duty order only includes graphite electrodes with a diameter of 16 inches or less, the agency preliminarily found that the 17-inch electrodes are only a “minor alteration,” and so should be included within the scope.
The Commerce Department issued the final results of the countervailing duty administrative review on lined paper products from India (C-533-844) for A.R. Printing and its U.S. importer, Gemstone Printing. These rates are effective April 16, and will be implemented by CBP soon.