Sentry and its owner, Michael Graziano, urge the U.S. District Court for South Carolina in Beaufort to deny the Dish Network and Sling TV Oct. 10 motion for a preliminary injunction barring the defendants from violations of the anti-trafficking provisions of the Digital Millennium Copyright Act and to freeze their assets, said their opposition Friday (docket 9:23-cv-05074). Dish and Sling allege Sentry and Graziano profit from the sale of an “illicit streaming service” called Tanggula that captures and retransmits Dish and Sling content without authorization by circumventing Dish’s security measures (see 2310110050). Dish and Sling are unlikely to suffer irreparable harm as a result of the defendants’ actions, said their opposition. Dish and Sling haven’t even attempted to explain why freezing the defendants’ assets is “necessary, warranted or just,” it said. Dish and Sling also are “unlikely to successfully show” that the Tanggula service falls within the DMCA’s anti-circumvention provision, “as required to succeed on the merits,” it said.
The Indiana Broadcasters Association, plus Nexstar, Scripps, Tegna and three other co-plaintiffs, seek a preliminary injunction blocking Indiana Attorney General Todd Rokita (R) from enforcing HB-1186, the state law that took effect July 1, making it a misdemeanor for journalists to come within 25 feet of police officers on official duty, said their motion Friday (docket 1:23-cv-01805) in U.S. District Court for Southern Indiana in Indianapolis. The plaintiffs, which also include the Reporters Committee for Freedom of the Press, the Indiana Professional Chapter of the Society of Professional Journalists and the Indianapolis Star, sued the state Oct. 6 to challenge HB-1186's constitutionality (see 2310100026). The plaintiffs are likely to prevail on the merits of their claims that HB-1186 violates the First and 14th Amendments “on its face,” and as applied to the plaintiffs’ “peaceful, nonobstructive newsgathering in public places,” said their motion. They’re “now suffering and will continue to suffer irreparable harm absent a preliminary injunction” due to the loss of their First Amendment freedoms, “for even minimal periods of time,” it said. The balance of equities “favors granting preliminary relief because” injunctions protecting First Amendment freedoms are always in the public interest, it said. The court should issue a preliminary injunction without bond because Rokita and Indiana “will suffer no damages from an injunction against enforcement of an unconstitutional statute,” it said. But requiring the posting of a bond would negatively impact the plaintiffs’ ability “to exercise their First Amendment rights,” it said. The parties propose having Indiana and Rokita answer or otherwise respond to the Oct. 6 complaint by Dec. 1, the same date when the plaintiffs will submit their memorandum of law and accompanying evidence in support of the injunction motion, it said.
The Commerce Department published notices in the Federal Register Nov. 6 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 published the preliminary results of its antidumping duty administrative review on frozen warmwater shrimp from Vietnam (A-552-802). The agency preliminarily determined that no companies under review qualify for a separate rate, making them part of the Vietnam-wide entity, and subject to the Vietnam-wide entity rate of 25.76%.
The Commerce Department published the preliminary results of its countervailing duty administrative review on hot-rolled steel flat products from South Korea (C-580-884). Rates set in this review will be used to assess CVD on subject merchandise from the exporters under review entered during the period Jan. 1, 2021, through Dec. 31, 2021.
The Commerce Department has published the preliminary results of its antidumping duty administrative review on hot-rolled steel flat products from Japan (A-588-874). Rates calculated in this review will be used to set assessment rates for importers of subject merchandise from two producers and exporters that were entered Oct. 1, 2021, through Sept. 30, 2022.
The Commerce Department has published the preliminary results of a countervailing duty administrative review on stainless steel flanges from India (C-533-878). Rates set in this review will be used to assess CVD on subject merchandise from the exporters under review entered during the period Jan. 1, 2021, through Dec. 31, 2021.
The Commerce Department released the final results of its countervailing duty administrative review on phosphate fertilizers from Russia (C-821-825). The agency calculated a CVD rate of 28.5% for the only company under review, Joint Stock Company Apatit and its cross-owned affiliates, substantially lower than the rate calculated in the preliminary results, i.e., 53.29%. These final results will be used to set final assessments of CVD on importers for subject merchandise entered during the period of review Nov. 30, 2020, through Dec. 31, 2021. A new 28.5% CVD cash deposit rate for JSC Apatit takes effect Nov. 6, the date these final results were published in the Federal Register.
The Commerce Department issued the final results of the antidumping duty administrative review on drawn stainless steel sinks from China (A-570-983). These final results will be used to set final assessments of AD duties on importers for subject merchandise entered April 1, 2021, through March 31, 2022.
The Commerce Department is setting new countervailing duty cash deposit requirements for imports of paper shopping bags from India (C-533-918) and China (C-570-153), after finding countervailable subsidization of producers and exporters in the two countries in the preliminary determinations of its CV duty investigations. Suspension of liquidation and cash deposit requirements will take effect for entries on or after Nov. 6, the date that the preliminary determination was published in the Federal Register.