The Commerce Department on Jan. 19 published an antidumping duty order on preserved mushrooms from France (A-427-833). The order sets permanent antidumping duties, which will remain in place unless revoked by Commerce in a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of antidumping duties on importers and make changes to cash deposit rates.
The Court of International Trade in a Jan. 18 opinion sent back an antidumping review over the Commerce Department's decision to reject AD petitioner Nucor Tubular's ministerial error comments as untimely. Judge Jennifer Choe-Groves said the exception to the requirement that comments be timely filed applies in this case since Commerce's "unintentional errors became apparent only in the Final Results" of the AD review. Since Nucor should have been allowed to submit its comments on the ministerial error, the court remanded the review to consider the error "and respond accordingly," the judge said.
The Court of International Trade in a Jan. 16 paperless order denied a U.S. motion to exclude live testimony from plaintiff Oman Fasteners' CEO, Seve Karaga, in an antidumping duty case. The court said that Oman Fasteners can call Karaga to testify at the Jan. 23 hearing over the plaintiff's motion for a preliminary injunction, though the testimony "shall be confined to the facts set forth in his declaration attached to Plaintiffs motion" (Oman Fasteners v. United States, CIT # 22-00348).
U.S. District Court Judge Amos Mazzant for Eastern Texas signed an order Friday (docket 4:22-cv-00760) denying defendant T-Mobile’s motion to dismiss AT&T's application for preliminary injunction in a case over alleged false advertising (see 2211020003).
Security camera company Arlo Technologies made false and misleading representations when it took away security camera features customers paid for, alleged a class action Thursday in U.S. District Court for Western Michigan.
The Commerce Department is amending the final results of the antidumping duty administrative review on circular welded carbon steel standard pipe and tube products from Turkey (A-489-501) to correct a ministerial error in a calculation, which results in a lower AD cash deposit rate for the companies covered in the review.
The FCC gave preliminary approval to RED Technologies as a spectrum access system operator in the citizens broadband radio service band. The company “satisfied the Commission’s SAS laboratory testing requirements and is approved to begin its initial commercial deployment,” said a Thursday notice by the Wireless Bureau and Office of Engineering and Technology: The FCC “in coordination with NTIA and the DoD, will review RED’s ICD Report and will publicly announce if RED successfully completes ICD and receives final certification to operate a SAS.”
Procedural concerns could complicate a case at the 2nd U.S. Circuit Court of Appeals on a New York law requiring affordable broadband. At oral argument Thursday in Manhattan, Judge Richard Sullivan grilled parties on a procedural maneuver they used to move the case to the 2nd Circuit from the trial court. Sullivan asked New York’s attorney tough questions on the state’s argument that its law isn’t preempted.
Procedural concerns could complicate a case at the 2nd U.S. Circuit Court of Appeals on a New York law requiring affordable broadband. At oral argument Thursday in Manhattan, Judge Richard Sullivan grilled parties on a procedural maneuver they used to move the case to the 2nd Circuit from the trial court. Sullivan asked New York’s attorney tough questions on the state’s argument that its law isn’t preempted.
Exporter Oman Fasteners has failed to show that paying cash deposits for antidumping duties will cause it immediate and irreparable harm, the U.S. argued in a Jan. 11 brief opposing the exporter's bid for a preliminary injunction against the payment of the cash deposits. The government said that Oman Fastener's bid to suspend collection of the cash deposits "asks for relief far beyond" the usual procedures "such that the United States would have almost no security to cover future duty liability." The exporter also has not shown that it will likely succeed on the merits of the case, the government said (Oman Fasteners v. United States, CIT # 22-00348).