A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Jan. 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.)
The International Trade Administration is initiating an antidumping duty changed circumstances review of diamond sawblades and parts thereof from China (A-570-900) to determine whether Husqvarna (Hebei) Co. is the successor-in-interest to Hebei Husqvarna Jikai Diamond Tools Co. for purposes of determining AD duty liability. Husqvarna Jikai's current AD cash deposit rate is 48.5 percent, which was assigned in the original investigation. No subsequent administrative reviews have been completed pending resolution of fraud allegations. (See ITT's Online Archives [Ref;] for summary of CIT dismissal of a motion to compel the ITA to complete the first of the administrative reviews.)
The International Trade Administration issued the final results of its antidumping administrative review of light-walled rectangular pipe and tube from Mexico (A-201-836), finding zero AD rates for Maquilacero S.A. de C.V. and Regiomontana de Perfiles y Tubos S.A. de C.V. The ITA made no changes from the preliminary results. The ITA will instruct CBP to liquidate all entries of subject merchandise from either Maquilacero or Regiomontana during the period of review without regard to AD duties, and will not require an AD cash deposit on such merchandise until further notice. The new rates are effective Jan. 8, and will be implemented by CBP soon.
Imports of xanthan gum from Austria (A-433-811) and China (A-570-985) are being dumped in the U.S. at less than fair value, said the International Trade Administration as it announced its preliminary determinations. The ITA will accordingly tell CBP to require cash deposits on entries of merchandise subject to these investigations. The ITA found preliminary AD rates for xanthan gum from Austria and China of 17.18 percent, and 21.69 to 154.07 percent, respectively. The official notice of the ITA's preliminary determinations, which will trigger the implementation of the AD cash deposit requirements for subject merchandise, will be published in the Federal Register soon.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Jan. 4, 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 tariff rate quota for tuna, which opened Jan. 2, exceeded the preliminary restraint limit at the opening, CBP said. All entries presented at the over-quota (high) rate since the opening have been charged and may be released, it said, and entries should continue to be submitted at the over-quota (high) rate. The final quota limit should be provided to CBP in March, it said. Upon receipt of the final quota limit from the National Marine Fisheries Service, CBP will issue proration and liquidation instructions to the field/trade.
The International Trade Commission is publishing notices in the Jan. 4 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):
A woman who posted negative reviews on Yelp and Angie’s List won’t be required to change them as the defamation case against her proceeds, the Virginia Supreme Court ruled last week in overturning a preliminary injunction by a trial judge (http://xrl.us/bn83ib). Jane Perez accused Washington, D.C.-area contractor Christopher Dietz of shoddy work on her home and claimed jewelry was missing after his firm finished the job, and he sued for $750,000. Fairfax County Circuit Judge Thomas Fortkort allowed Perez to keep online her comments about Dietz’s work. But the judge required her to remove her discussion of the missing jewelry -- which Fortkort said inferred Dietz was the “probable suspect” -- and delete her claim that she won summary judgment over Dietz’s nonpayment claim because the case had “no merit” (http://xrl.us/bn83jk). The Virginia Supreme Court vacated Fortkort’s order on the technical grounds that he didn’t “prescribe the time during which such injunction shall be effective,” and also said the injunction wasn’t justified and Dietz has “an adequate remedy at law.” The ACLU of Virginia and Public Citizen defended Perez in the appeal, claiming Fortkort’s order was an unconstitutional prior restraint on speech. Though Dietz can continue pursuing his claims, “in the meantime, members of the public will be able to review Jane Perez’s criticism and Dietz’s responses, and make up their own minds,” Public Citizen said Wednesday (http://xrl.us/bn83kf). The group, which often defends those accused of defamation through review websites and blogs, maintains a list of documents in the case, including each party’s exhibits and photos of Dietz’s work on Perez’s home (http://xrl.us/bn83me). Dietz’s legal team at Day & Johns was “a little bit surprised at the reversal -- how quickly it came,” before his lawyers even got to argue before the two justices hearing the appeal, lawyer Milt Johns told us. Under Virginia law, even a single justice can “take whatever action they feel is appropriate with regard to an injunction,” he said. It’s important to note the justices didn’t say the case wasn’t properly about defamation or had no merits, Johns said. Dietz’s team wanted all Perez’s posts removed “in their entirety” but Fortkort wanted to fashion “a very limited remedy,” only consisting of claims “he can take judicial notice of,” Johns said. He expects trial to be scheduled “shortly,” probably for the early fall. Regarding settlement talks, at the moment there’s “no other direction than to press forward to trial,” he said.
Interested parties wishing to participate in the International Trade Commission’s countervailing duty injury investigation of frozen warmwater shrimp from China, Ecuador, India, Indonesia, Malaysia, Thailand and Vietnam must file entries of appearance by Jan. 11, said the ITC in its institution of the investigation. Petitions for countervailing duties on shrimp from the seven countries were filed at the ITC and International Trade Administration Dec. 28. Frozen warmwater shrimp from China, India, Thailand, and Vietnam are already subject to antidumping duty orders issued in 2005.
Alki David’s FilmOn and Aereokiller must stop streaming broadcast TV programming online within the 9th U.S. Circuit Court of Appeals’ territory pending the resolution of a lawsuit against the companies by NBCUniversal, Disney, CBS and others, said a preliminary injunction entered in U.S. District Court, Los Angeles, Thursday. The injunction is set to take effect two days after the media companies post a $250,000 bond with the court. Three days later Aereokiller must report to the court “in writing and under oath setting forth in detail the manner and form in which Defendants have complied with the Preliminary Injunction,” it said. An attorney for the defendant didn’t immediately comment. The 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and Guam.