U.S. Supreme Court Justice Samuel Alito, in his Friday dissent (docket 23-411), scolded the SCOTUS majority for granting the government’s emergency application for a full stay in the injunction that would have barred dozens of Biden administration officials from coercing or significantly encouraging social media platforms to moderate their content (see 2310210001). SCOTUS granted the full stay Friday just as the administrative stay on the injunction was expiring at 5 p.m. EDT.
The Commerce Department and the International Trade Commission published the following Federal Register notices Oct. 23 on AD/CVD proceedings:
The Commerce Department published notices in the Federal Register Oct. 23 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):
Although Dutch semiconductor equipment company ASML doesn’t expect the new U.S. export controls on China to have a “material effect” on the firm's financial outlook for 2023, it's preparing for the new rules to restrict more sales of its chipmaking equipment.
The Commerce Department properly saddled countervailing duty respondent Qingdao Ge Rui Da Rubber Co. (GRT) with adverse facts available related to its alleged use of China's Export Buyer's Credit Program, the Court of International Trade ruled in an Oct. 20 opinion. While Commerce and the trade court have rejected the use of AFA for this program where a respondent can submit verifications that their U.S. buyers didn't use the program, Judge Mark Barnett sustained AFA here since GRT failed to raise its claims against the use of AFA administratively.
Defendants Guy Ravine and Open Artificial Intelligence withdrew their Oct. 11 motion to dismiss plaintiff OpenAI’s claims for injunctive relief, said their notice Wednesday (docket 4:23-cv-03918) in U.S. District Court for Northern California in Oakland. On Oct. 13, the court directed the parties to confer on the briefing and hearing schedule for defendants’ motion to dismiss, set to be heard Dec. 12, and plaintiff’s motion for preliminary injunction. The parties agreed the defendants will answer the complaint by Monday; they also agreed defendants may file any counterclaims within 30 days after the court rules on OpenAI’s preliminary injunction motion, it said.
The Commerce Department is beginning new antidumping duty investigations on aluminum lithographic printing plates from China and Japan, as well as a new countervailing duty investigation on aluminum lithographic printing plates from China, it said in a fact sheet Oct. 19. The underlying petition was filed in September (see 2310030055). The International Trade Commission is scheduled to make its preliminary injury determinations by Nov. 13. These AD/CVD investigations will continue only if the ITC finds injury. International Trade Today will provide more details upon publication of the initiation notices in the Federal Register.
California Attorney General Rob Bonta (D) is appealing to the 9th U.S. Circuit Court of Appeals the district court's Sept. 18 decision granting NetChoice’s motion for a preliminary injunction to block him from enforcing AB-2273, the state’s Age Appropriate Design Code, on constitutional grounds (see 2309180063), said Bonta's notice of appeal Wednesday (docket 5:22-cv-08861) in U.S. District Court for Northern California in San Jose. The district court also held that AB-2273 is preempted by the Children’s Online Privacy Protection Act and Section 230 of the Communications Decency Act. Bonta is appealing the injunction "to defend California’s first-in-the-nation children’s online safety law," he said Wednesday. "We believe the district court decision is wrong, and that we should be able to protect our children as they use the internet. Big businesses have no right to our children’s data: childhood experiences are not for sale." NetChoice “will continue to defend the First Amendment and online privacy rights of Californians, their families and their businesses,” said NetChoice Director-Litigation Chris Marchese Wednesday in reacting to Bonta’s appeal. AB-2273 “undermines parental rights and unconstitutionally restricts free speech, while endangering the privacy and security of young people online -- failing to meet the law’s stated goals,” said Marchese."We look forward to seeing this bad policy permanently struck down and online speech and privacy for all Americans and young people fully protected.” AB-2273's co-sponsor, California Assemblymember Buffy Wicks (D), telegraphed that Bonta's appeal would be forthcoming when she reacted negatively last month to the injunction (see 2309190006).
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Oct. 19, 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 Oct. 18 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):