The March 2012 law allowing countervailing duties on non-market economy (NME) countries like China and Vietnam is not unconstitutional, ruled the Court of International Trade, even though the law is retroactive in application, and creates a “special rule” allowing CV duties but not double counting adjustments for proceedings between 2006 and 2012. The law was hurriedly enacted to specifically allow imposition of CV duties on NME countries, after the Court of Appeals for the Federal Circuit upheld a 2010 CIT ruling that the law, as it existed at the time, did not allow for their imposition. Without the law, the International Trade Administration may have had to end 24 (now 26) CV duty orders on products from China and Vietnam, and refund CV duties collected.
The Agricultural Marketing Service released the Ocean Shipping Container Availability Report (OSCAR) for the week of Jan. 2-8. 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. 7 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 Administration is initiating an antidumping duty changed circumstances review of diamond sawblades and parts thereof from China (A-570-900) to determine whether Husqvarna (Hebei) Co. is the successor-in-interest to Hebei Husqvarna Jikai Diamond Tools Co. for purposes of determining AD duty liability. Husqvarna Jikai's current AD cash deposit rate is 48.5 percent, which was assigned in the original investigation. No subsequent administrative reviews have been completed pending resolution of fraud allegations. (See ITT's Online Archives [Ref;] for summary of CIT dismissal of a motion to compel the ITA to complete the first of the administrative reviews.)
The International Trade Administration issued the final results of its antidumping administrative review of light-walled rectangular pipe and tube from Mexico (A-201-836), finding zero AD rates for Maquilacero S.A. de C.V. and Regiomontana de Perfiles y Tubos S.A. de C.V. The ITA made no changes from the preliminary results. The ITA will instruct CBP to liquidate all entries of subject merchandise from either Maquilacero or Regiomontana during the period of review without regard to AD duties, and will not require an AD cash deposit on such merchandise until further notice. The new rates are effective Jan. 8, and will be implemented by CBP soon.
Imports of xanthan gum from Austria (A-433-811) and China (A-570-985) are being dumped in the U.S. at less than fair value, said the International Trade Administration as it announced its preliminary determinations. The ITA will accordingly tell CBP to require cash deposits on entries of merchandise subject to these investigations. The ITA found preliminary AD rates for xanthan gum from Austria and China of 17.18 percent, and 21.69 to 154.07 percent, respectively. The official notice of the ITA's preliminary determinations, which will trigger the implementation of the AD cash deposit requirements for subject merchandise, will be published in the Federal Register soon.
The Food and Drug Administration proposed its produce safety rule Jan. 4, alongside its proposed rule on Hazard Analysis and Risk-Based Preventative Controls. The produce safety rule would apply to farms that grow, harvest, pack, or hold covered produce, including foreign farms that export to the U.S., with certain exceptions. Under the upcoming Foreign Supplier Verification Program, imports will have to verify their foreign suppliers’ compliance with either produce safety regulations or HARPC requirements, depending on the product being imported. The proposed produce safety rule is currently on public inspection, and is set for publication in the Jan. 16 Federal Register. See a future issue of International Trade Today for details.
On Jan. 4 the Foreign Agricultural Service issued the following GAIN reports:
The Animal and Plant Health Inspection Service announced changes Jan. 4 to Plant Protection and Quarantine (PPQ) electronic manuals. While some changes are minor, other changes may affect the admissibility of the plant products, including fruits, vegetables, and flowers.
The Food Safety and Inspection Service plans a Jan. 17 meeting, alongside the Food and Drug Administration, to discuss agenda items and draft U.S. positions in advance of the Feb. 4-8 session of the Ad Hoc Codex Intergovernmental Task Force on Animal Feeding. The meeting will be from 1-3 p.m. at the Department of Agriculture building in Washington, D.C. Participation by teleconference is available by calling 1-888-858-2144, participant code 6208658.