A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Jan. 10, 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 Agricultural Marketing Service released the Ocean Shipping Container Availability Report (OSCAR) for the week of Jan. 9-15. The weekly report contains data on container availability for westbound transpacific traffic at 18 intermodal locations in the U.S.1 from the eight member carriers of the Westbound Transpacific Stabilization Agreement (WTSA).2 Although the report is compiled by AMS, it covers container availability for all merchandise, not just agricultural products.
The International Trade Commission is publishing notices in the Jan. 10 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 terminated an enforcement proceeding related to a Section 337 patent complaint by Align Technology on dental positioning devices (337-TA-562) because the alleged violations did not fall within the scope of a 2006 consent order. While Align had complained that electronic data transfers of its trade secrets by ClearConnect and two related individuals violated the consent order, the ITC found that the consent order contained no provision against electronic data transfers. In so doing, the ITC reversed an administrative law judge’s determination.
The International Trade Commission is accepting more comments on Speculative Product Design’s (aka Speck) Section 337 patent complaint on cases for portable electronic devices. After having issued a correction to its earlier request for comments, the agency will now accept submissions until about Jan. 19. The proposed respondents in the investigation include:
The International Trade Commission is seeking comments by Jan. 18 on public interest factors related to Innovation First’s Section 337 trade secret complaint against CVS Pharmacy’s imports of robotic toy fish. Innovation First is seeking a limited exclusion order and cease and desist order against imports of the product, which was manufactured in China by Zuru. According to the complaint, a former Chinese employee of Innovation First developed the technologies covered by the trade secrets. The employee then left the company, and in violation of the terms of his separation agreement shared the secrets with his new employer, Zuru.
The International Trade Administration published notices in the Jan. 10 Federal Register on the following AD/CV 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 International Trade Administration issued the preliminary results of its antidumping duty administrative review of certain cased pencils from China (A-570-827). The ITA preliminarily assigned Dixon Stationary1 an AD rate of 92.46 percent, . It also rescinded the review with respect to three companies for which review requests were withdrawn.2 These preliminary results are not in effect. The ITA may modify them in the final results of this review and change the estimated AD cash deposit rates for this company.
Terphane’s copolymer surface films are outside the scope of the antidumping duty order on polyethylene terephthalate (PET) film from Brazil (A-351-841), said the International Trade Administration in a scope ruling. The films include a non-PET performance enhancing layer of greater than 0.00001 inches thick, which satisfies one of the exclusions in the scope, it said. Domestic industry argued that the in-line production process of the film, as well as the performance-enhancing layer’s use as a primer, meant that Terphane’s product should be in-scope. The ITA, however, found neither of those factors affected the scope treatment of the copolymer surface films. Instead, the thickness of the layer and its use of materials distinct from PET meant the scope of the order doesn’t cover the product, it said.
The International Trade Administration issued the final results of the antidumping duty administrative review of polyester staple fiber from China (A-570-905). One of the two reviewed companies, Far Eastern, did not cooperate in the review and was assigned the China-wide rate. The new rate is effective Jan. 11, and will be implemented by CBP soon.