The Commerce Department and the International Trade Commission published the following Federal Register notices Dec. 1 on AD/CVD proceedings:
Comcast’s Xfinity Mobile (XM) seeks expedited discovery in its complaint to thwart illegal trafficking in stolen phones (see 2211170061), said its motion Tuesday (docket 2:22-cv-01950]) in U.S. District Court for Arizona. XM especially seeks permission to serve nonparty subpoenas because certain nonparties “have significant evidence relevant to this case that they are otherwise under no duty to preserve and may destroy pursuant to their corporate document retention policies,” said the motion.
Comcast’s Xfinity Mobile (XM) seeks expedited discovery in its complaint to thwart illegal trafficking in stolen phones (see 2211170061), said its motion Tuesday (docket 2:22-cv-01950]) in U.S. District Court for Arizona. XM especially seeks permission to serve nonparty subpoenas because certain nonparties “have significant evidence relevant to this case that they are otherwise under no duty to preserve and may destroy pursuant to their corporate document retention policies,” said the motion.
The Commerce Department on Nov. 30 released the preliminary results of a countervailing duty administrative review of steel concrete reinforcing bar from Turkey (C-489-819). Commerce will assess CV duties on importers at the rates determined in the final results of this review for subject merchandise entered during the period Jan. 1, 2020, through Dec. 31, 2020.
The Court of International Trade will hold a hearing in a conflict-of-interest case on the motions to dismiss and for a preliminary injunction barring attorney Daniel Pickard and his firm Buchanan Ingersoll from participating in certain antidumping and countervailing duty proceedings, according to the text-only order on Nov. 28. The plaintiffs, led by Amsted Rail Co., allege that Pickard, ARC's former counsel, and Buchanan committed an ethical violation by using ARC's information against it in the AD/CVD proceedings on freight rail couplers from China and Mexico (see 2211250007). ARC had a similar case recently dismissed from the trade court seeking to bar Pickard and Buchanan from the International Trade Commission proceedings (see 2211150033). The court dismissed the action for lack of subject-matter jurisdiction -- something ARC tried to remedy in the Commerce case with an amended complaint (Amsted Rail v. United States, CIT # 22-00316).
The Commerce Department has issued its final determination in the antidumping duty investigation on preserved mushrooms from France (A-427-833). Changes to cash deposit requirements set in these final determinations take effect Nov. 28, the date they were published in the Federal Register.
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Nov. 25, 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.
A voluntary remand is not needed in a case concerning the National Oceanic and Atmospheric Administration's ban on imports of fish and fishery products from New Zealand caught using techniques that allegedly have caused the near extinction of the Maui dolphin, plaintiffs Sea Shepherd New Zealand and Sea Shepherd Conservation Society argued in a Nov. 23 reply brief at the Court of International Trade. NOAA's call for a voluntary remand "is a red herring" and would let the agency "avoid the repercussions of its decision to not rule on the" New Zealand government's 2021 comparability findings application by the end of the year -- a move that delays the consideration of new information over the Maui dolphin, the U.S. said (Sea Shepherd New Zealand, et al. v. United States, CIT #20-00112).
Republicans on House Oversight and Commerce committees are seeking additional documents and information from TikTok about its data collection activities after previous rounds of questioning left some issues unresolved. Rep. Cathy McMorris Rodgers, R-Wash., the top Republican on the Committee on Energy and Commerce, and Rep. James Comer, R-Ky., the top Republican on the Committee on Oversight and Reform, said they hope more information can aid the Biden administration to mitigate any “potentially negative consequences to U.S. national security” resulting from TikTok’s operation in the U.S.
Optical transport equipment revenue declined 6% year-over-year Q3, Dell’Oro Group said Wednesday. “The main culprit for this market revenue decline was the lack of component supply needed to make finished goods,” said Jimmy Yu, Dell’Oro vice president: “Optical vendors have a growing amount of backlog due to higher demand for [dense wavelength-division multiplexing] equipment but are not able to deliver completed systems when they are short on one component or two. Another factor lowering the market revenue is the strengthening US dollar. Since the market revenue is based on US dollars, most sales in Europe and Asia are converted to fewer US dollars and reducing the reported market size.” Among the regions studied, North America remained “slightly positive” while Europe declined at the highest rate. Dell’Oro said in a second report “preliminary findings suggest” the slow down in the momentum of the radio access network market in the first half of 2022 continued into Q3, declining “year-over-year for a second consecutive quarter.” Following “four years of extraordinary growth that catapulted the RAN market to record levels in 2021, the RAN market is now entering a new phase,” said Stefan Pongratz, Dell’Oro vice president: “Even with 5G still increasing at a healthy pace, comparisons are more challenging and the implication for the broader RAN market is that growth is decelerating. Still, one major difference between 4G and 5G is the fact there are now more frequency options for the operators to pursue, which helps to curb the decline in the post-peak rollout phase.” The top five global suppliers in the quarter were Huawei, Ericsson, Nokia, ZTE and Samsung, the report said.