The Court of Appeals for the Federal Circuit vacated and remanded a lower court decision affirming the non-individual separate rate calculated for Yangzhou Bestpak in the antidumping duty investigation on narrow woven ribbons with woven selvedge from China (A-570-952). The Commerce Department had assigned Yangzhou Bestpak an AD rate based on a simple average of the two mandatory respondents’ AD rates. One of the mandatory respondents had a de minimis AD rate, while the other had been assigned an adverse facts available rate because of noncooperation, which meant Yangzhou Bestpak’s simple average AD rate was half of the AFA rate, despite the company’s cooperation.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website May 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 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 Federal Trade Commission published in the Federal Register its proposed rule to amend its Textile Fiber Products Identification Act regulations on textile labeling (see 13050625 for details). The proposal would amend provisions on fiber content disclosures to adopt a revised ISO standard and loosen disclosure requirements for hang-tags. The proposed rule would also add language clarifying that the country of origin for labeling purposes is determined under customs laws and regulations. Comments on the proposed rule are due by July 8.
The Commerce Department published notices in the May 20 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):
The Commerce Department issued the preliminary results of its antidumping duty administrative review on narrow woven ribbons with woven selvedge from China (A-570-844). Both respondents did not respond to Commerce's questionnaires, and so were assigned adverse facts available (AFA) AD rates as noncooperating companies, Commerce said. These preliminary results are not in effect. Commerce may modify them in the final results of this review and change the estimated AD cash deposit rates for these companies.
The Commerce Department issued the final results of the antidumping duty administrative review on polyethylene terephthalate film, sheet and strip from the United Arab Emirates (A-520-803). In a change from its preliminary results, Commerce found targeted dumping by respondent JBF RAK, and so adopted a nonstandard average-to-transaction calculation methodology that increased the AD rate for the company. The agency found a zero AD rate for the other respondent, FLEX Middle East, so entries of subject merchandise from that company during the period of review will be liquidated without regard to AD duties, and future entries of subject merchandise from the company will not be subject to an AD cash deposit requirement until further notice. The new rates are effective May 21, and will be implemented by CBP soon.
The Commerce Department issued the final results of the antidumping duty administrative review on ball bearings from Germany (A-428-801). The agency made no changes from its preliminary results, continuing to find zero AD rates for all respondents. As such, Commerce will direct CBP to liquidate entries of merchandise from these companies without regard to AD duties. Commerce revoked these orders effective Sept. 15, 2011, so entries of subject merchandise are no longer covered by a cash deposit requirement. This is the last administrative review of the Germany ball bearings antidumping order.
Three U.S. companies filed petitions with the Commerce Department and International Trade Commission May 16, requesting antidumping duties be imposed on welded stainless pressure pipe from Malaysia (A-557-815), Thailand (A-549-830), and Vietnam (A-552-816). Bristol Metals, Felker Brothers, and Outokumpu Stainless Pipe allege that imports of the pipe, which is a commodity product used as a conduit for liquids or gases, are being sold at less than fair value in the U.S. According to the companies, the underselling is causing U.S. companies to lose market share, and is causing losses by U.S. companies that are trying to compete.
The International Trade Commission issued a final rule to amend the discovery provisions of its Rules of Practice and Procedure for Section 337 patent investigations. The rule adopts an October 2012 proposed rule with minor changes (see 12100423). Under the new procedures, discovery of electronically stored information will be limited, administrative law judges will be allowed to limit discovery in certain cases, and new provisions are added on privileged information and attorney work product. The final rule is effective June 20.
On May 17-19 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: