The settlement agreement that defendant-appellant DirecTV reached with plaintiffs-appellees David Vance, Roxy Vance and Carla Shultz (see 2301300002) “calls for the drafting of additional documents, including a preliminary approval order, class notices, and a claim form,” the parties told the 4th U.S. Circuit Court of Appeals in a joint status report Wednesday (docket 22-1958). “Once the parties agree on the form and content of those additional documents, the settlement agreement will be ready for execution,” said the report. After the parties execute the agreement, the plaintiffs will have two weeks “to move for preliminary approval of the agreement in the district court,” it said. The parties will update the 4th Circuit every 30 days, it said. DirecTV is appealing the district court’s certification of class members in a December 2017 Telephone Consumer Protection Act complaint. DirecTV also is appealing the lower court’s denial of its motion to compel plaintiff Shultz to arbitration of her TCPA claims. The 4th Circuit consolidated the two appeals in October.
The Commerce Department published notices in the Federal Register March 9 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 released the final results of the antidumping duty administrative review on hot-rolled steel flat products from Turkey (A-489-826). Commerce set an AD rate of zero percent for the only company under review, Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. Subject merchandise from Habas entered Oct. 1, 2020, through Sept. 30, 2020, will be liquidated without regard to antidumping duties. The new zero percent AD duty cash deposit rate for Habas takes effect March 10, the date these final results are scheduled to be published in the Federal Register.
The Commerce Department has released the final results of the antidumping duty administrative review on utility scale wind towers from Indonesia (A-560-833). Commerce set an AD rate of 2.03% for PT. Kenertec Power System, the only company under review. Commerce will calculate importer-specific rates for subject merchandise from Kenertec entered Feb. 14, 2020, and July 31, 2021, it said. The new AD duty cash deposit rate for Kenertec takes effect March 10, the scheduled date of publication of these final results in the Federal Register.
The Commerce Department and the International Trade Commission published the following Federal Register notices March 9 on AD/CVD proceedings:
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website March 8, 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 failed to provide antidumping duty respondent CPW America Co. with a chance to comment on the agency's change in methodology, which resulted in a change from a zero percent dumping rate to one derived from total adverse facts available, CPW and Corinth Pipeworks Pipe Industry argued in a March 3 reply brief at the Court of International Trade. CPW said that Commerce illegally used AFA based on an "erroneous conclusion" that the respondent's reported costs were not reconciled to its normal books and records (Corinth Pipeworks Pipe Industry v. United States, CIT # 22-00063).
An ordinance amending the Los Angeles County Code, allowing for “the fast-tracked proliferation of wireless infrastructure,” violates the California Environmental Quality Act (CEQA) and the state constitution, alleged a complaint Tuesday (docket 23STCP00750) in Los Angeles County Superior Court, filed by Children’s Health Defense (CHD) and other nonprofits.
The Biden administration’s collusion with Big Tech to censor social media content (see 2301090030) “involves some of the most egregious First Amendment violations in American history,” said the Republican Louisiana and Missouri attorneys general in their supplemental brief Tuesday (docket 3:22-cv-01213) in U.S. District Court for Western Louisiana in support of their motion for a preliminary injunction. The AGs soon will file motion pursuing class allegations against the White House, it said.
The Commerce Department has released the final results of its countervailing duty administrative review on ripe olives from Spain (C-469-818). These final results will be used to set final assessments of CV duties on importers for subject merchandise entered Jan. 1, 2020, through Dec. 31, 2020.