The Court of International Trade remanded the final results of the antidumping duty new shipper review of fresh garlic from China (A-570-851) to the ITA for redetermination. Specifically, in response to arguments from Chinese plaintiff Qingdao Sea-line Trade Co., Ltd., which was assigned a rate of 155.33% in the review, CIT ordered the ITA to: (1) explain its decision to use a non-contemporaneous surrogate value in its calculations; (2) revisit its use of Tata Tea’s statements to calculate surrogate financial ratios, and if ITA continues to use Tata Tea, explain why it constitutes the best available information; and (3) evaluate plaintiff’s suggestion during the review to use financial statements from Garlico to calculate surrogate financial ratios. The ITA’s remand redetermination is due to CIT by July 23, 2012. (CIT Slip Op. 12-39, dated 03/21/12, Judge Eaton)
The Court of International Trade sustained the International Trade Administration’s scope determination that plaintiff Acme Furniture Industry, Inc.’s imported product (a daybed with trundle) falls within the scope of the antidumping duty order on wooden bedroom furniture from China (A-570-890).
The Court of International Trade sustained the International Trade Administration’s calculation of antidumping rates for separate rate respondents in its redetermination of the AD final determination of narrow woven ribbons with woven selvedge from China (A-570-952). The ITA’s redetermination was pursuant to a CIT partial remand of the final determination at issue. Chinese plaintiff Yangzhou Bestpak Gifts & Crafts Co., Ltd. challenged the ITA’s use of a simple average of the 247.65% Adverse Facts Available rate for one mandatory respondent and the de minimis rate for the other to obtain a 123.83% rate for the separate rate respondents, including Bestpak. While the CIT issued its original partial remand in the belief that there might be additional choices from which the ITA could calculate the separate rate, the CIT has now sustained the ITA’s calculation after considering the ITA’s explanation because in this case, according to CIT, those additional choices do not exist.
A new trilateral effort to get rid of outdated regulations was announced by President Obama, President Caldron of Mexico, and Prime Minister Harper of Canada at a joint press conference in Washington on April 2, 2012. President Calderon singled out the need for deregulation in nanomaterials and emissions standards for some vehicles in particular.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to U.S. Customs and Border Protection's Web site as of April 2, along with the case number(s) and CBP message number, is provided below. The messages are available by searching on the listed CBP message number at http://addcvd.cbp.gov.
Mexico's Diario Oficial of April 3, 2012, lists notices from the Secretary of the Economy as follows:
The International Trade Commission is publishing notices in the April 3, 2012 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The International Trade Commission voted to institute an investigation of certain mobile devices incorporating haptics. The products at issue in this investigation are smartphones with a feature that signals the user when a key or icon has been touched, for example by vibrating or pulsing in response to the touch (337-TA-834).
The International Trade Commission is asking for comments by about April 11, 2012, on a patent complaint filed on behalf of Technology Properties Limited, which alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain computer and computer peripheral devices and components thereof, and products containing the same (D/N 2889). ITC is asking for comments on any public interest issues that might affect ITC consideration, including whether the issuance of an exclusion order and/or cease and desist order would impact the public interest.
The International Trade Administration is publishing notices in the April 3 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, the scope, affected firms, or effective dates will be detailed in another ITT article):