The Animal and Plant Health Inspection Service on July 23 issued Federal Order DA-2014-33 to add to the list of countries infested by tomato leaf miner, it said in a message to stakeholders sent Aug. 4. The new list of infested countries will now include Benin, Burkina Faso, Cape Verde, Costa Rica, Cote D’Ivoire, The Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, South Sudan, Togo and Ukraine. All except Kenya and South Sudan are approved to export tomatoes to the United States. Tomatoes from countries on the infested list must meet certain conditions before being imported. The order, which supersedes a Federal Order issued in 2012 (here), takes effect Aug. 6.
The following lawsuits were filed at the Court of International Trade during the week of July 28 - Aug. 3:
Antidumping duty rates may change for certain exporters of lined paper products from India (A-533-843), after the Court of International Trade on July 22 ordered the Commerce Department to reconsider the 11.01% rate it assigned to 51 non-individually reviewed companies in its 2010-11 administrative review. CIT found Commerce didn’t justify its decision to include penalty rates for non-cooperative companies in the average rate. Any changes would affect assessment rates for entries of lined paper products between September 2010 and August 2011 from Navneet Publications (India) Ltd., Marisa International, Super Impex, Pioneer Stationery Pvt. Ltd., SGM Paper Products, Lodha Offset Limited, and Magic International Pvt. Ltd. Current AD duty cash deposit rates could also change for Marisa, Super Impex, Pioneer, SGM, Lodha and Magic because they have not received new rates in intervening reviews.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website Aug. 4, 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 http://adcvd.cbp.dhs.gov/adcvdweb.
Use can be considered when interpreting “eo nomine” tariff provisions, said the U.S. Court of Appeals for the Federal Circuit on Aug. 4 as it vacated a lower court ruling on the classification of screws. The Court of International Trade had found screws imported by GRK Canada to be “self-tapping screws” instead of “wood screws”, in part because the description “wood screws” refers to a type of screw by name, and not to the intended use of the screws. But without reaching a verdict on where GRK’s screws should be classified, CAFC found that wood screws means “screws for use in wood,” and ordered CIT to reconsider its decision under the new interpretation.
The National Highway Traffic Safety Administration is amending its regulations to again require registered importers of motor vehicles to certify compliance with parts marking requirements of the Theft Prevention Standard, in a final rule that takes effect Aug. 5. NHTSA had inadvertently removed the requirement from its regulations when it issued a previous rule. Registered importers of motor vehicles not originally manufactured will now have to certify to NHTSA that (i) an imported vehicle is not required to comply with the parts marking requirements of the Theft Prevention standard or (ii) the vehicle complies with the requirements as manufactured, or as modified prior to importation. Petitions for reconsideration of the rule are due by Sept. 19.
Importers markedly improved the accuracy and timeliness of Importer Security Filing submissions in the past year, according to the “Import Operations and Compliance Benchmark Study” published in July by American Shipper magazine and BPE Global. About 75% of the 250 importers and third-party logistics providers (3PLs) surveyed now say that 95-100% of their ISF declarations are accurate (up from about 65% in 2013), and about the same proportion also say their ISF declarations are timely. CBP began ISF enforcement last year. The survey also says importers are automating more compliance and operations processes, and have increased use of duty avoidance programs by about 5%.
The International Trade Commission published notices in the Aug. 4 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The International Trade Commission on Aug. 1 began a Section 337 investigation to determine whether imports of loom kits for creating bracelet, necklaces and bags are infringing patents held by Choon’s Design. Choon’s July 1 complaint said several companies in China and the U.S. are making and importing the loom kits used to link elastic bands that copy its design for the popular “Rainbow Loom” (see 14070814). The company is requesting a general exclusion order banning importation of all infringing loom kits, or alternatively limited exclusion orders and cease and desist orders against the following respondents:
The Commerce Department published notices in the Aug. 4 Federal Register 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):