The Bureau of Industry and Security announced a partially open meeting of the Emerging Technology and Research Advisory Committee (ETRAC) Dec. 12-13. At the open session Dec. 13 at 8:30 a.m. ET, the ETRAC will hear an overview on export controls for new members, and discuss the 521 ECCNs (not elsewhere listed on the Commerce Control List), 3D bio-printing, a National Academy of the Sciences nanotech initiative, a rare earths study, and additive manufacturing. The open session will be accessible via teleconference to 40 participants on a first come, first served basis. To participate, submit inquiries to Yvette Springer at Yvette.Springer@bis.doc.gov, no later than Dec. 5.
The federal district court for the District of Colombia has no jurisdiction to hear a challenge of a lawyer’s participation in an International Trade Administration antidumping review, said law firm Foley and Lardner in response to a request by GEO specialty chemicals to prevent an attorney at the firm from representing a Chinese company in a new shipper review of Glycine from China (A-570-836). GEO filed its complaint in district court Nov. 8, requesting an injunction against the representation of a Chinese company by Gregory Husisian, a lawyer at the firm, because he formerly represented GEO in the proceeding while at a different firm. The company said Husisian’s actions violate D.C. law. But Foley and Lardner said the complaint should have instead been filed at the Court of International Trade, consistent with other cases challenging representation of attorneys before the ITA, and asked the court to dismiss with prejudice.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Nov. 20, 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://addcvd.cbp.gov. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)
The Court of International Trade ordered CBP to refund tens of thousands of dollars in duties collected from importer International Custom Products (ICP) on an entry of “white sauce.” The excess payment had resulted from CBP notice of action that classified ICP’s product as a dairy spread dutiable at $1,996 per kilogram, despite an earlier CBP ruling letter said ICP only owed 6.6 percent ad valorem. CIT ruled that the notice of action was an “interpretive ruling or decision” that effectively revoked the earlier ruling letter, so CBP should have followed notice and comment procedures required by 19 USC 1625(c) when it issued the notice of action. The government argued that ICP's product isn't covered by the ruling letter, and that the ruling letter was in any case obtained fraudulently. CIT disagreed and said the ruling letter was valid and applied to ICP's white sauce.
The World Trade Organization launched an interactive tool that uses maps, charts, and data tables to present WTO data on merchandise trade and commercial services trade, as well as selected market access indicators, it said. The tool consists of four elements:
The World Trade Organization’s Dispute Settlement Body adopted the report of the Appellate Body on Chinese antidumping and countervailing duties on grain oriented electric steel from the U.S. at a Nov. 16 meeting. The U.S. welcomed the report’s adoption, which found deficiencies with China’s measures, the WTO said. The Appellate Body found that China's price effects analysis was flawed, that China failed to disclose essential facts and that China failed to explain its determination. China said the Appellate Body should base its findings and conclusions on the determination of the investigating authority, not on a characterization of that determination. But despite disagreeing with the findings, China said it respected the conclusions and would work towards implementation.
The International Trade Commission is publishing notices in the Nov. 20 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 U.S. and Russia agreed to a draft revision of the agreement suspending the International Trade Administration’s antidumping duty investigation on certain hot-rolled flat-rolled carbon quality steel products from Russia (A-821-809). The ITA had previously said it intended to terminate the 1999 suspension agreement, and resume the investigation, because it was no longer preventing price undercutting by Russian exporters. Interested parties are invited to comment on the revisions by Nov. 23. The ITA and the Russian Ministry of Economic Development must sign a final version of the agreement by Nov. 30, the ITA said.
The International Trade Administration issued the final results of the administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from China (A-570-865). The ITA rescinded the review with respect to one company, Baosteel, because it did not export to the U.S. during the period of review, and assigned 15 other companes the China-wide rate because they did not certify that they were not government-run. The new rate is effective Nov. 21.
The International Trade Administration issued the final results of the administrative review of the countervailing duty order on certain pasta from Italy (A-475-819), which sets a CV cash deposit rate of 2.49 percent for Italian producer/exporter Molino e Pastificio Tomasello S.p.A. This rate is effective Nov. 21.