The Commerce Department and the International Trade Commission published the following Federal Register notices Feb. 10 on AD/CV duty proceedings:
It appears from the heavily redacted public version of Dolby’s memorandum of law in opposition to LG’s motion for a temporary restraining order and preliminary injunction (see 2201060058) that LG is seeking to enjoin Dolby from terminating its license to the AC-4 audio codec patents for NextGenTVs due to a dispute over royalty audit reports. LG can’t demonstrate “irreparable harm” from Dolby’s threatened license termination, the first prerequisite for a TRO or PI, because any potential harm is “self-inflicted,” said the Dolby memorandum, dated Jan. 31 and posted Tuesday in docket 1:22-cv-42 in U.S. District Court in Manhattan. Case law shows a “failure to comply with a royalty audit is a paradigmatic example of material breach” of a license agreement, said Dolby. Courts have said licensees “materially breached” their license agreements “(permitting termination by licensor) by refusing to provide additional records after the auditor discovered unpaid royalties based on initial samples of the records,” it said. On LG’s complaint that Dolby reneged on its commitments to ATSC to license its AC-4 patents on fair, reasonable and nondiscriminatory terms, said Dolby, a 5th Circuit 2021 opinion in HTC v. Ericsson said FRAND doesn't require giving identical licensing terms to all prospective licensees, giving patent holders some flexibility in coming to reasonable agreements with different potential licensees. Other Dolby filings, including a declaration from Massachusetts Institute of Technology economics professor Jerry Hausman in support of Dolby's memorandum, were redacted in their entirety. LG is scheduled to file its reply on Monday under seal.
The Commerce Department issued the final results of the antidumping duty administrative review on oil country tubular goods from Ukraine (A-823-815). Commerce set an AD duty rate of 27.8% for the only company under review, Interpipe (Interpipe Europe S.A./ Interpipe Ukraine LLC / PJSC Interpipe Niznedneprovsky Tube Rolling Plant (aka Interpipe NTRP) / LLC Interpipe Niko Tube). The agency will calculate importer-specific rates for entries from Interpipe from July 10, 2019, through June 30, 2020. The new 27.8% AD duty cash deposit rate for Interpipe takes effect Feb. 10.
The Commerce Department issued the final results of the antidumping duty administrative review on emulsion styrene butadiene rubber from Mexico (A-201-848), making no changes to its preliminary results. Commerce set an AD rate of 2.65% for Industrias Negromex S.A. de C.V., the only company under review. Commerce will calculate importer-specific rates for subject merchandise from Negromex entered from Sept. 1, 2019, through Aug. 31, 2020, it said. The new AD duty cash deposit rate for Negromex takes effect Feb. 10, when the final results are published in the Federal Register.
The Commerce Department issued the final results of the antidumping duty administrative review on corrosion-resistant steel products from Taiwan (A-583-856). These final results will be used to set final assessments of AD duties on importers for subject merchandise entered July 1, 2019, through June 30, 2020.
The Commerce Department issued the final results of the antidumping duty administrative review on magnesium metal from China (A-570-896). Commerce continued to find that both companies under review -- Tianjin Magnesium International, Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) -- had no shipments of subject merchandise to the U.S. during the period of review. As such, AD cash deposit rates for these two companies will remain at the rates set for each company in the most recently completed proceeding (i.e., the original final determination or a prior administrative review).
The Commerce Department issued the final results of its countervailing duty administrative review on aluminum extrusions from China (C-570-968). The agency calculated new CV duty cash deposit rates for the Chinese producers and exporters listed below. These final results will be used to set final assessments of CV duties on importers for entries Jan. 1, 2019, through Dec. 31, 2019.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on barium chloride from India (A-533-908/C-533-909). Both the AD and CV duty investigations cover entries Jan. 1 - Dec. 31, 2021.
A listing of recent Commerce Department antidumping and countervailing duty messages posted to CBP's website Feb. 7, 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 ADD CVD Search page.
The Commerce Department issued the final results of the antidumping duty administrative review on steel nails from the United Arab Emirates (A-520-804). These final results will be used to set final assessments of AD duties on importers for subject merchandise entered May 1, 2019, through April 30, 2020.