The Court of Appeals for the Federal Circuit withdrew the portion of its February ruling in General Electric v. International Trade Commission that criticized the ITC’s removal of certain issues from judicial review in Section 337 patent proceedings. In its February ruling, CAFC had said the ITC’s practice of giving notice it would review an aspect of an administrative law judge’s determination, and then taking “no position” on that particular aspect of the determination, did not entitle the ITC to remove an issue from judicial review. The ITC had justified this practice by saying that taking no position on an issue removes an issue from judicial review because in such cases the agency ruling is not final. However, CAFC had said in its February ruling that taking no position on an issue is the same as not reviewing the issue and adopting as final, and subject to judicial review, the ALJ’s determination. Consequently, CAFC in February remanded the issues that the commission had taken no position on, namely infringement and validity of a patent that was covered in the ITC’s investigation in certain variable speed wind turbines and components thereof (337-TA-641).
Mexico's Diario Oficial of July 4-5, lists notices from the Secretary of the Economy as follows:
The International Trade Commission released a new web-based learning module to help users become familiar with and learn how to read the Harmonized Tariff Schedule, it said. The e-learning module, originally developed as an in-house training tool for new ITC staff, will guide users through web-based lessons to help them understand the HTS and how it is structured, it said. The module consists of four lessons, which provide information about: (1) the purpose of the HTS and its role in U.S. trade and product classification; (2) how to read the HTS; (3) how to determine duty rates and access the HTS Online Reference Tool; and (4) special HTS provisions, such as those resulting from trade agreements and other special programs. ITC’s learning module is available here.
The International Trade Commission is publishing notices in the July 5 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):
In an action brought by Motorola Mobility and General Instrument Corporation that seeks to ban Microsoft’s Xbox gaming consoles for patent violations, the International Trade Commission remanded for reconsideration an administrative law judge’s affirmative finding of violations by Microsoft of certain patents. The administrative law judge had ruled in April that Microsoft’s Xbox violated certain claims of four patents held by Motorola Mobility and General Instrument in the ITC’s section 337 investigation of certain gaming and entertainment consoles, related software, and components thereof (337-TA-752).
The ITC will institute formal enforcement proceedings to determine whether HTC and HTC America are in violation of the Dec.19, 2011, limited exclusion order issued against HTC Android smartphones. Apple, the complainant in the investigation, with certain personal data and mobile communications devices and related software (337-TA-710), alleged that HTC violated the limited exclusion order against HTC's smartphones, which went into effect on April 19.
The International Trade Administration published notices in the July 5 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, the scope, affected firms, or effective dates will be detailed in another ITT article):
The International Trade Administration issued the preliminary results of its changed circumstances review of the antidumping duty order on aluminum extrusions from China (A-570-967), preliminarily finding that Guangdong Zhongya Aluminum Company Limited is the successor-in-interest to Zhaoqing New Zhongya Aluminum Co., Ltd. The ITA said record evidence indicates that the company underwent a simple name change, and that Guangdong Zhongya has retained New Zhongya’s management and organization structure, operations and production facilities, and significantly similar supplier and customer relationships.
The International Trade Administration issued the preliminary results of its administrative review of the antidumping duty order on polyester staple fiber from China (A-570-943) for two companies. One of the companies, Far Eastern1, did not cooperate with the ITA's requests for participation, and was therefore assigned the China-wide rate, the ITA said. Furthermore, due to Far Eastern's lack of cooperation, the ITA assigned the China-wide rate on the basis of Adverse Facts Available, it said. 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 rate for these companies.
The International Trade Administration issued a fact sheet announcing its affirmative final determination in the antidumping duty investigation of large power transformers from Korea (A-580-867). According to the ITA's fact sheet, the final AD rates for the two mandatory respondents are 14.95% for Hyundai and 29.04% for Hyosung, and the all others rate is 22%.