The government of Canada issued the following trade-related notices for Oct. 15 (Note that some may also be given separate headlines.)
The International Trade Administration issued the final results of its administrative review of the antidumping duty order on certain orange juice from Brazil (A-351-840) for four companies.1 This review does not set any prospective AD cash deposit rates. AD cash deposits are no longer required for imports of orange juice from Brazil because the order was revoked effective March 9, 2011, as the result of a negative sunset review injury determination by the International Trade Commission. The ITA will, however, instruct CBP to assess AD duties on all entries from this review period at their respective importer-specific rates. Excess AD cash deposits for subject entries will also be refunded.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Oct. 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 http://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.)
Samsung won its fight Thursday to overturn a preliminary injunction banning U.S. sales of its Galaxy Nexus smartphone. The U.S. Court of Appeals for the Federal Circuit reversed and remanded the injunction, issued June 29, ruling that U.S. District Judge Lucy Koh’s court in San Jose had “abused its discretion.” The injunction was related to a lawsuit Apple filed in February that alleged the Galaxy Nexus infringed eight Apple patents, according to the court. It’s not related to Apple’s lawsuit against Samsung over patent violations related to its iPhone and iPad products. A federal jury ruled in late August that Samsung had violated multiple Apple patents, awarding Apple more than $1 billion in damages. Samsung has since asked for a new trial in the case and has successfully tabled a preliminary injunction against its Galaxy Tab 10.1 tablet (CD Oct 4 p14). Koh had originally issued the injunction against the Galaxy Nexus smartphone in part because Apple claimed the phone violated a patent related to its Siri voice command service. Samsung asked to have the ban temporarily lifted, but was denied, according to the federal appeals court’s decision. “Apple has presented no evidence that directly ties consumer demand for the Galaxy Nexus to its allegedly infringing feature,” the court said in its decision. “The causal link between the alleged infringement and consumer demand for the Galaxy Nexus is too tenuous to support a finding of irreparable harm.” The court noted in its ruling that the prosecution history in the lawsuit “does not help Apple show that it is likely to succeed in its infringement claim."
The International Trade Administration continued to find dumped imports in its final antidumping duty determination on steel wire garment hangers from Taiwan (A-583-849). The ITA made no changes from the preliminary determination. If the International Trade Commission finds injury to U.S. industry, the ITA will issue an AD duty order. The ITA’s final determination, which is effective Oct. 15, is expected to be implemented by CBP soon.
Samsung won its fight Thursday to overturn a preliminary injunction banning U.S. sales of its Galaxy Nexus smartphone. The U.S. Court of Appeals for the Federal Circuit reversed and remanded the injunction, issued June 29, ruling that U.S. District Judge Lucy Koh’s court in San Jose had “abused its discretion.” The injunction was related to a lawsuit Apple filed in February that alleged the Galaxy Nexus infringed eight Apple patents, according to the court. It’s not related to Apple’s lawsuit against Samsung over patent violations related to its iPhone and iPad products. A federal jury ruled in late August that Samsung had violated multiple Apple patents, awarding Apple more than $1 billion in damages. Samsung has since asked for a new trial in the case and has successfully tabled a preliminary injunction against its Galaxy Tab 10.1 tablet (WID Oct 4 p8). Koh had originally issued the injunction against the Galaxy Nexus smartphone in part because Apple claimed the phone violated a patent related to its Siri voice command service. Samsung asked to have the ban temporarily lifted, but was denied, according to the federal appeals court’s decision. “Apple has presented no evidence that directly ties consumer demand for the Galaxy Nexus to its allegedly infringing feature,” the court said in its decision. “The causal link between the alleged infringement and consumer demand for the Galaxy Nexus is too tenuous to support a finding of irreparable harm.” The court noted in its ruling that the prosecution history in the lawsuit “does not help Apple show that it is likely to succeed in its infringement claim."
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Oct. 11, 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 http://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.)
Samsung won its fight Thursday to overturn a preliminary injunction banning U.S. sales of its Galaxy Nexus smartphone. The U.S. Court of Appeals for the Federal Circuit reversed and remanded the injunction, issued June 29, ruling that U.S. District Judge Lucy Koh’s court in San Jose had “abused its discretion.” The injunction was related to a lawsuit Apple filed in February that alleged the Galaxy Nexus infringed eight Apple patents, according to the court. It’s not related to Apple’s lawsuit against Samsung over patent violations related to its iPhone and iPad products. A federal jury ruled in late August that Samsung had violated multiple Apple patents, awarding Apple more than $1 billion in damages. Samsung has since asked for a new trial in the case and has successfully tabled a preliminary injunction against its Galaxy Tab 10.1 tablet (CED Oct 4 p8). Koh had originally issued the injunction against the Galaxy Nexus smartphone in part because Apple claimed the phone violated a patent related to its Siri voice command service. Samsung asked to have the ban temporarily lifted, but was denied, according to the federal appeals court’s decision. “Apple has presented no evidence that directly ties consumer demand for the Galaxy Nexus to its allegedly infringing feature,” the court said in its decision. “The causal link between the alleged infringement and consumer demand for the Galaxy Nexus is too tenuous to support a finding of irreparable harm.” The court noted in its ruling that the prosecution history in the lawsuit “does not help Apple show that it is likely to succeed in its infringement claim."
The International Trade Administration published notices in the Oct. 11 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 announced its affirmative final determination in the investigation of steel wire garment hangers from Taiwan. According to its fact sheet, the ITA found AD rates ranging from 69.98 to 125.43 percent. The International Trade Commission is set to make its final injury determination by Nov. 23. If the ITC finds injury, the ITA will issue an AD order. If the ITC makes a negative injury determination, the ITA will terminate this investigation and will not impose AD duties.