A Turkish pasta producer, Marsan Gida Sanayi ve Ticaret A.S., under new ownership, Gidasa Sabanci Gida Sanayi ve Ticaret A.S., sought to preserve the company’s prior countervailing duty rate for its goods from Turkey, but the International Trade Administration, using a new CVD changed circumstances methodology it had previously been considering, found that the successor company was no longer the same subsidized entity and instead should get the “all others” cash deposit rate of 9.38%. (The new approach, among other concerns, seeks evidence of “significant changes in operations, ownership, corporate or legal structure” that could affect the nature and extent of a company’s subsidy levels.) The Court of International Trade found the ITA’s interpretation reasonable and upheld its final determination. (Slip-Op. 11-20, dated 02/16/11)
IVI TV is not a cable system under the Copyright Act, a federal judge in New York said in an order granting a temporary injunction against the company selling live online video streams of some broadcast stations and other programming. The injunction was sought by broadcasters, studios and sports leagues. Ivi had argued it was entitled to carry the stations under the statutory license in Section 111 of the act. “Many companies have constructed business models revolving around the use of new technologies and the statutory license,” U.S. District Judge Naomi Buchwald of New York wrote. “Some new technologies have been found to fall within Section 11. Others have motivated Congress to devise separate licensing schemes to address the unique issues they present."
IVI TV is not a cable system under the Copyright Act, a federal judge in New York said in an order granting a temporary injunction against the company selling live online video streams of some broadcast stations and other programming. The injunction was sought by broadcasters, studios and sports leagues. Ivi had argued it was entitled to carry the stations under the statutory license in Section 111 of the act. “Many companies have constructed business models revolving around the use of new technologies and the statutory license,” U.S. District Judge Naomi Buchwald of New York wrote. “Some new technologies have been found to fall within Section 11. Others have motivated Congress to devise separate licensing schemes to address the unique issues they present."
The Environmental Protection Agency is inviting the public to provide input on the plan that will guide its retrospective review of significant regulations, as required by President Obama’s January 18, 2011 Executive Order 13563, “Improving Regulation and Regulatory Review.”
The International Trade Administration has issued the final results of its antidumping duty administrative review of polyethylene terephthalate film (PET film) from China (A-570-924) for the period November 6, 2008 through October 31, 2009.
The International Trade Administration has issued an affirmative preliminary determination that certain cut-to-length carbon steel plate (CTL plate) products with 0.0008 percent or more boron, by weight, regardless of the producer, are circumventing the antidumping duty order on CTL plate from China (A-570-849). As a result, such merchandise will be treated as being subject to the AD order.
In the May 2007 -- April 2008 AD administrative review of pure magnesium from China, a Chinese exporter reported values for raw materials and by-products supplied to it by an unaffiliated supplier. When the ITA visited the supplier to verify the amounts following the preliminary results, the supplier was not cooperative and provided documents that appeared doctored. The ITA then assigned the Chinese exporter, Tianjin Magnesium, the adverse facts available rate of 111.73%, but the CIT has now remanded the case to the ITA with instructions to make a new finding as to whether the exporting company itself, rather than its unaffiliated supplier, did or did not cooperate to the best of its ability, reasoning that “[t]he court cannot accept a construction…under which the party who suffers the effect of the adverse inference is not the party who failed to cooperate.” (Slip Op. 11-117, dated 02/11/11.)
At its February 16, 2011 meeting, the Federal Maritime Commission voted to take several steps to reduce regulatory burdens, including approving by a 3-1 vote a draft final rule to allow licensed non-vessel-operating common carriers (NVOCCs) that enter into Negotiated Rate Agreements with their customers to be exempt from the requirement of publishing their rates in tariffs if they meet certain conditions.
The Office of Textiles and Apparel has posted to its website monthly reports containing official December 2010 trade data from the Census Department for U.S. imports and exports of textiles and apparel.
Mexico's Diario Oficial of February 14, 2011 lists notices from the Secretary of the Economy as follows: