The FCC explained the history of its universal service rules and exactly why a major revamping was necessary, in a brief filed with the 10th U.S. Circuit Court of Appeals Wednesday (http://xrl.us/bofga9). The intercarrier compensation that the FCC used to subsidize local phone service for decades “no longer serve[s] the evolving communications needs of 21st century America,” the commission wrote in its response to the joint preliminary brief of the petitioners, who are challenging many of the USF and intercarrier compensation rules in the commission’s landmark 2011 order. The FCC explained its rulemaking process, its solicitation of comment, and its review of the “voluminous” administrative record, before ultimately reforming and modernizing its “antiquated” rules. Universal service and ICC were “two dysfunctional regulatory regimes in need of reform,” the commission wrote. “The 20th century framework for intercarrier compensation no longer made sense in the modern communications market.” The commission also discussed the waste associated with the old systems, and how the USF/ICC order was designed to address those problems. Finally, the FCC reminded the court that the agency is entitled to Chevron deference, and where Congress has not spoken directly to the question at issue, the agency is entitled to adopt a “permissible construction” of the statute. “Judicial review of FCC action under the [Administrative Procedure Act] ‘is no more searching’ where (as here) the agency’s decision ‘represents a change in policy,'” the FCC wrote, quoting circuit precedent. The commission argued for a “deferential standard of review,” in which a court “may not displace the agency’s choice between two fairly conflicting views, even though the court would justifiably have made a different choice."
The International Trade Administration published notices in the Feb. 8 Federal Register on the following AD/CV 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 International Trade Administration issued the preliminary results of the final administrative review of the antidumping duty order on ball bearings and parts thereof from Germany (A-428-801) for four companies, preliminarily assigning zero rates to three companies. Should the ITA continue to find that these companies had zero dumping margins in the final results of this review, it will instruct CBP to liquidate all entries of subject merchandise exported by these companies without regard to antidumping duties. The ITA revoked these orders effective Sept. 15, 2011, so entries of subject merchandise are no longer covered by a cash deposit requirement. These preliminary results are not in effect. The ITA may modify them in the final results of this review and change the estimated AD cash deposit rate for these companies.
The International Trade Administration issued the final results of the antidumping duty administrative review of polyethylene terephthalate film, sheet, and strip from Taiwan (A-583-837) for two companies, Shinkong and Nan Ya. The new rates are effective Feb. 11, and will be implemented by CBP soon.
The International Trade Administration issued the final results of the antidumping duty administrative review of polyethylene terephthalate film, sheet, and strip from India (A-533-824), finding zero AD rates for the three reviewed companies. As such, the ITA will liquidate their entries during the period of review without regard to AD duties, and will not collect cash deposits on merchandise entered by the companies. The new rates are effective Feb. 11, and will be implemented by CBP soon.
The International Trade Administration issued the final results of the antidumping duty administrative review of pasta from Turkey (A-489-805), finding zero AD rates for all four reviewed companies. As such, the ITA will liquidate their entries during the period of review without regard to AD duties, and will not collect cash deposits on merchandise entered by the companies. The new rates are effective Feb. 11, and will be implemented by CBP soon.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Feb. 7, 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.)
Conn’s reported stronger revenue and same-store sales for Q4 ended Jan. 31 despite a 10.5 percent decline in CE same-store sales and total CE sales shrinking 5.7 percent from Q4 the prior year. CE sales fell mainly on “reduced industry-wide demand,” it said Thursday.
The International Trade Administration issued the preliminary results of the countervailing duty administrative review of oil country tubular goods from China (C-570-944) for Wuxi and Jiangsu Chengde. These CV rates are not in effect. The ITA may modify them in the final results of this review and change the estimated CV cash deposit rates for these company.
The International Trade Administration issued its quarterly list of (i) completed antidumping and countervailing duty scope rulings and (ii) anticircumvention determinations.