The Court of International Trade again remanded the all-others rate from the original countervailing duty investigation of aluminum extrusions from China (C-570-968). CIT continued to find that the ITA was within its rights to use only the mandatory respondents’ CV rates to calculate the all others rate. CIT also found its within the rights of the ITA to use only mandatory respondents’ AD rates determined using adverse facts available.1 But CIT said the ITA’s remand redetermination still did not explain how the 375.15% AFA CV for mandatory respondents rate was reasonable use as an all others rate, and remedial not punitive.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website as of July 31, along with the case number(s) and CBP message number, is provided below. The messages are available by searching on 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.)
Current and former Netflix subscribers are being emailed to inform them about a recent settlement agreement in the class action lawsuit in which the company was accused of violating the Video Privacy Protection Act and other laws. The emails were required by U.S. District Court Judge Edward Davila in San Jose, Calif., and were to be handled by the settlement administrator, according to the amended order granting a motion for preliminary approval of the settlement that was filed early this month. Under the proposed settlement, Netflix denied any wrongdoing, but agreed to change its data retention practices so it separates entertainment content viewing histories from the identification information for subscribers who haven’t been Netflix subscribers for at least 365 days, with some exceptions. The company also agreed to pay $9 million into a settlement fund that will make donations to court-approved not-for-profit organizations, institutions or programs; pay notice and settlement administration expenses; pay attorneys’ fees of up to 25 percent, or $2.25 million, of the settlement fund, plus up to $25,000 in expenses; and pay a total incentive award of $30,000 to the named plaintiffs. The email we received said if current and former Netflix subscribers did nothing, they'd be included in the settlement, and if they didn’t want to be included they must exclude themselves by Nov. 14. Those who exclude themselves will keep their right to sue Netflix on the same claims made in the suit, the email said. Those who remain in the settlement can object to it by Nov. 14, the email said. The court will hold a final hearing on the settlement Dec. 5. The suit was filed last year by former Netflix subscribers Jeff Milans and Peter Comstock. Several similar suits followed, and all were consolidated under one action.
The International Trade Administration published notices in the July 31 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, the scope, affected firms, or effective dates will be detailed in another ITT article):
The International Trade Administration issued a fact sheet announcing its affirmative preliminary determinations in the antidumping duty investigations of large residential washers from Mexico (A-201-841) and Korea (A-580-868), which found preliminary AD rates of 33.3% to 72.41% for Mexico, and 9.62% to 82.41% for Korea. 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.
The Court of International Trade dismissed claims that the International Trade Administration improperly ordered the retroactive suspension of liquidation of some of Chinese woven sack exporter Zibo Aifudi Plastic Packaging Co., Ltd.’s subject merchandise as moot, and sustained the International Trade Administration’s decision to apply the China-wide rate to AMS as a result of Adverse Facts Available (AFA) in the 2008-09 administrative review of the antidumping duty order on laminated woven sacks from China (A-570-916).
Backpage.com won a sweeping victory against a Washington state law targeting child sex trafficking that threatened to shut down its sex classifieds, as Craigslist did following pressure from several state attorneys general. U.S. District Judge Ricardo Martinez in Seattle issued a preliminary injunction late Friday against SB-6251. He largely agreed with arguments presented at a hearing earlier this month by Village Voice Media-owned Backpage and the Internet Archive, whose Web-crawling activities could unknowingly capture sex ads featuring minors (WID July 24 p1). “Because the age verification mechanism described in the law only provides an affirmative defense, even full compliance with SB 6251 cannot guarantee freedom from prosecution,” he said.
The International Trade Administration initiated a new shipper review for the antidumping duty order on multilayered wood flooring from China (A-570-970) at the request of Power Dekor Group Co., Ltd., which said it exports merchandise produced by Guangzhou Homebon Timber Manufacturing Co., Ltd. The ITA will determine if this company is eligible for an estimated AD cash deposit rate other than the China-wide entity rate it currently receives.
The International Trade Administration issued a fact sheet announcing its affirmative preliminary determinations in the antidumping duty investigations of steel wire garment hangers from Taiwan (A-583-849) and Vietnam (A-552-812), which found preliminary AD rates of 69.98% to 125.43% for Taiwan, and 135.81% to 187.51% for Vietnam. 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.
The International Trade Administration issued a fact sheet announcing its affirmative preliminary determinations in the antidumping duty investigations of utility scale wind towers from China (A-570-981) and Vietnam (A-552-814), which found preliminary AD rates of 20.85% to 72.69% for China, and 52.67% to 59.91% for Vietnam. 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.