Montana’s attempt to ban TikTok “is part of a long line of recent efforts by state governments to impose crippling restrictions on businesses that operate over the internet,” said NetChoice’s amicus brief Monday (docket 24-34) in the 9th U.S. Circuit Court of Appeals in support of the plaintiff-appellees -- five individual TikTok users challenging the ban, plus TikTok itself.
The Commerce Department has published amended final results of the antidumping duty administrative review on oil country tubular goods from Ukraine (A-823-815) originally published Feb. 10, 2022. In that review, covering entries from the only company under review, Interpipe, from July 10, 2019, through June 30, 2020, Commerce set an AD rate of 27.8%. Interpipe consists of Interpipe Europe S.A./ Interpipe Ukraine LLC / PJSC Interpipe Niznedneprovsky Tube Rolling Plant (aka Interpipe NTRP) / LLC Interpipe Niko Tube.
Projector manufacturer AWOL Vision’s false advertising will continue to cause consumer confusion and deception “to the irreparable injury of Epson” without a court order enjoining its conduct, said a Lanham Act lawsuit (docket 9:24-cv-80583) Monday in U.S. District Court for Southern Florida in West Palm Beach.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website May 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 CBP's ADCVD Search page.
The Commerce Department published notices in the Federal Register May 7 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 a countervailing duty administrative review of passenger vehicle and light truck tires from China (C-570-017). This review covers subject merchandise from the exporters under review entered during the period Jan. 1, 2022, through Dec. 31, 2022.
The 9th U.S. Circuit Court of Appeals scheduled oral argument for July 17 at 9 a.m. PDT in San Francisco of California Attorney General Rob Bonta’s (D) appeal from the district court's order preliminarily enjoining him from enforcing the California Age-Appropriate Design Code Act (see 2312140003) (docket 23-2969), said an oral argument notice Monday. Also on the July 17 calendar in the same courtroom is oral argument in the appeal from the denial of X's motion for a preliminary injunction to block Bonta’s enforcement of AB-587, requiring social media companies to provide the state with semiannual disclosures of their content-moderation policies (see 2401190038) (docket 24-271), said the notice. The 9th Circuit has apportioned oral argument time of 20 minutes per side in each appeal, said the notice.
Antidumping duty suspension of liquidation and cash deposit requirements took effect May 7 for imports of aluminum extrusions from China (A-570-158), Colombia (A-301-806), Ecuador (A-331-804), India (A-533-920), Indonesia (A-560-840), Italy (A-475-846), Malaysia (A-557-826), Mexico (A-201-860), South Korea (A-580-918), Taiwan (A-583-874), Thailand (A-549-847), Turkey (A-489-850), the United Arab Emirates (A-520-810) and Vietnam (A-552-837), after the Commerce Department on that date published its preliminary affirmative determinations that they are being sold in the U.S. at less than fair value.
NetChoice seeks a preliminary injunction blocking Utah Attorney General Sean Reyes (R) and Katherine Hass, director of Utah’s Division of Consumer Protection, from enforcing the state’s newly enacted Minor Protection in Social Media Act when it takes effect Oct. 1, said its motion Friday (docket 2:23-cv-00911) in U.S. District Court for Utah in Salt Lake City. The statute “is an unconstitutional restriction on minors’ and adults’ ability to access and engage in protected speech,” it said. It “impermissibly regulates the conditions under which minors and adults can access certain websites and how those websites facilitate, disseminate, and display protected speech,” it said. The entire statute violates the First Amendment and the due process clause “because its definition of what entities are covered is unconstitutional,” it said. Parts of the statute also “independently violate” the First Amendment and the due process clause and are federally preempted under Section 230 of the Communications Decency Act, it said. It’s the second time Utah has enacted a law “violating bedrock constitutional principles of free speech” in attempting to regulate minors’ access to social media, it said. After Utah enacted 2023’s Social Media Regulation Act, NetChoice sued and moved to preliminarily enjoin that law’s enforcement, it said. Utah responded by repealing its 2023 law and replacing it in part with the new statute, it said. But the newly enacted statute “suffers from many of the same flaws ... while at the same time creating new ones,” it said. The statute regulates websites’ ability to publish and distribute speech to minors and speech by minors, it said. It also regulates minors’ ability to produce and receive speech and adults’ access to speech, it said. Minors are entitled to a significant measure of First Amendment protection, said NetChoice. Governments can’t burden adults’ right to access protected speech “in their efforts to regulate the speech appropriate for minors,” it said. The court “should reach the same result as courts across the country that have enjoined similar attempts to regulate online speech,” it said. “Regrettably, Utah’s government has chosen to double down on its misguided laws that thwart parents, undermine the state's dynamic creator economy, jeopardize the data security of its citizens and violate their constitutional rights,” said Chris Marchese, director of the NetChoice Litigation Center, in a statement Friday. Utahns, not the government, “should be able to determine how they and their families use technology,” he said.
When the Commerce Department published the final results of the antidumping duty administrative review on multilayered wood flooring from China (A-570-970) on May 1, it left two companies off the list of those determined to have no shipments during the Dec. 1, 2021, through Nov. 30, 2022, period of review. Now Commerce is correcting the list of the companies, adding Dongtai Fuan Universal Dynamics, LLC and Pinge Timber Manufacturing (Zhejiang) Co., Ltd., and bringing the total number of companies on that list to 23.