A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website May 10, 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 CBP's ADCVD Search page.
The final price EMA Professional Services Corp. pays to its suppliers for precious metal bars after importation is determined according to "an acceptable formula" and meets the "'price actually paid or payable'" standard for purposes of the transaction value method, CBP said. EMA may report any price adjustments through the ACE Reconciliation Program, the agency said in an April 19 customs ruling.
After the filing of four complaints, plus a fully briefed and then withdrawn preliminary injunction motion and hundreds of pages of briefing over the past 12 months, Comcast’s suit against MaxLinear “should end,” said MaxLinear’s reply memorandum of law Wednesday (docket 1:23-cv-04436) in U.S. District Court for Southern New York in further support of its motion to dismiss Comcast’s third amended complaint. The dispute began about a year ago when Comcast alleged that chipmaker MaxLinear breached its “contractual obligations” to support millions of its broadband gateways (see 2305300045). MaxLinear contends that Comcast’s third amended complaint, like those before it, is a grievance “in search of a claim” (see 2404040031). The cable company has been given ample opportunity and process to identify and pursue a valid cause of action, said MaxLinear’s memorandum Wednesday. While the plaintiff maintains that MaxLinear terminated its contracts improperly in May 2023, it still hasn’t pled a “valid claim,” the memorandum said: “In fact, now four complaints in, Comcast does not even assert a claim for breach of those contracts.” The “attenuated” claims Comcast has asserted don’t clear “longstanding pleading standards and should be dismissed,” it said. Comcast’s April 24 opposition briefing (see 2404250002) “confirms that its pled claims fail,” it said. The plaintiff hasn’t suffered any harm from MaxLinear, “nor does Comcast identify any threatened or likely future harm,” it said. There’s thus “no jurisdiction” for the court to hear its declaratory judgment claims, and the court shouldn’t “indulge Comcast with an advisory opinion,” it said. Even worse, Comcast’s requested declarations “seek specific performance, for which it has not pled the necessary elements,” said the memorandum. Comcast’s ancillary claims for indemnification and breach of the implied covenant “are likewise insufficiently pled and equally meritless,” it said. After multiple hearings and pleadings, it’s now “abundantly clear” that Comcast “is decidedly outraged by MaxLinear’s lawful assignment of patents to Entropic, which has sued Comcast in another lawsuit,” it said. But as the court recognized when it ordered Comcast to replead its prior second amended complaint, intensity of feeling is not a replacement for a good statement of a cause of action, it said. The third amended complaint doesn’t include “a good statement of a cause of action, let alone one that survives dismissal,” said the memorandum: “Comcast’s year-long litigation campaign against MaxLinear should now conclude swiftly, and its claims dismissed.”
The Commerce Department published notices in the Federal Register May 10 on the following AD/CV duty 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 Commerce Department has published the preliminary results of its antidumping duty administrative review on finished carbon steel flanges from Spain (Commerce A-469-815; CBP A-470-815). In the final results of this review, Commerce will set an assessment rate for subject merchandise for the one company that remains under review entered June 1, 2022, through May 31, 2023.
T-Mobile voluntarily dismissed its complaint against the California Public Utilities Commission regarding the state’s shift to a per-line universal service fund surcharge. The 9th Circuit Court last month affirmed the U.S. District Court for Northern California decision to deny a preliminary injunction against the CPUC (see 2404260066). The 9th Circuit said the carrier failed to show a likelihood of success. “This notice of voluntary dismissal is being filed with the Court before Defendants have served either an answer or a motion for summary judgment … and by operation of law, the dismissal is without prejudice,” T-Mobile said Thursday at the district court (case 3:23-cv-00483-LB).
The Commerce Department has published the preliminary results of its antidumping duty administrative review on hydrofluorocarbon blends from China (A-570-028). The agency said that none of the respondents remaining in the review demonstrated independence from state control, and therefore were assigned to the China-wide entity, with a rate of 216.37%.
The Commerce Department looks set to recognize an Indian company’s name change and corporate reorganization for the purposes of antidumping duties on frozen warmwater shrimp from India (A-533-840). The agency preliminarily found Varma Marine Private Limited (Varma) is the successor-in-interest to Varma Marine, in the preliminary results of a changed circumstances review. The agency preliminarily found Varma and Varma Marine signed a takeover agreement to transfer all Varma Marine assets to Varma, such that Varma operates as essentially the same business entity as Varma Marine with respect to the production and sale of subject merchandise.
The Commerce Department has released the final results of the countervailing duty administrative review on hot-rolled steel flat products from South Korea (C-580-884). These final results will be used to set final assessments of CVD on importers for entries in calendar year 2021.
The Commerce Department has published the final results of the antidumping duty administrative review on steel concrete reinforcing bar from Mexico (A-201-844). These final results will be used to set final assessments of AD duties on importers for subject merchandise entered Nov. 1, 2021, through Oct. 31, 2022.