Antidumping duty cash deposit rates for two exporters of steel grating from China may fall, as the Court of International Trade on April 9 sustained a recalculation by the Commerce Department. CIT had in 2012 ordered Commerce to take another look at the rates from the original AD duty investigation (see 12071907). In response, Commerce kept Ningbo Jiulong Machinery Manufacturing Co.’s rate at 145.18%, but lowered the rates it assigned to Yantai Xinke Steel Structure Co. and Ningbo Haitian International Co. from 136.76% to 38.16%. Because no new rates have been set in administrative reviews since the AD duty order on steel grating was issued in 2010, these rates, if finalized, will become the new cash deposit rates for these companies. The ruling is still subject to appeal, however, and Commerce said it completed the recalculation “under protest.” Parties have 60 days to appeal a court ruling.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website April 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 http://adcvd.cbp.dhs.gov/adcvdweb.
The Energy Department is updating its energy efficiency standards on “through-the-wall central air conditioners” and “through-the-wall central air conditioning heat pumps” in a final rule that takes effect May 12. The new regulations implement definitions from a 2012 law and remove references to outdated standards.
The Energy Department is extending until April 25 the deadline on its proposed changes to energy efficiency test procedures for walk-in coolers and walk-in freezers. DOE's Feb. 20 proposed rule would allow computer simulated testing instead of physical tests, and would also change test procedures for certain components and refrigeration systems (see 14021915).
The International Trade Commission published notices in the April 9 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The International Trade Commission on April 9 voted to begin a Section 337 investigation into patent infringement by the herbicide sulfentrazone. FMC Corporation had requested the investigation in early March, alleging Beijing Nutrachem and Jiangxi Heyi manufacture sulfentrazone in China using FMC Corporation’s patented processes, and the chemical is subsequently imported into the U.S. by Summit Agro and sold under the trade names Blanket 4F, SFZ 4SC, and SAUSX-O1. FMC Corporation is requesting temporary limited exclusion orders and cease and desist orders while the ITC conducts the investigation, as well as permanent limited exclusion orders and cease and desist orders against import and sale in the U.S. of patent-infringing sulfentrazone by the following respondents:
The Commerce Department published notices in the April 10 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 is postponing until June 30 the due date for its preliminary determination in the countervailing duty investigation on carbon and certain alloy steel wire rod from China (C-570-013). Nucor Corporation, one of the companies that originally requested the investigation, had asked for the extension, and Commerce says it has no reason to deny the request. Once Commerce makes its preliminary determination, it can suspend liquidation and require cash deposits of estimated CV duties. The preliminary determination was originally due April 28.
The International Trade Commission is asking for comments by April 23 on whether it should ban imports of cellphone and tablet cases in connection with a Section 337 patent investigation requested by Speculative Product Design (Speck). The ITC says six Chinese companies -- Anbess, Rocon, Trait, Wexun, SW-Box, and Global -- did not participate in the investigation, so the commission automatically found that they imported cases for portable electronic devices that infringe Speck’s patents. The administrative law judge in the case recommended a general exclusion order banning imports of infringing cellphone and tablet cases from all companies.
The International Trade Commission is banning imports of patent-infringing “encapsulated” integrated circuits from Malaysian company Carsem, issuing a limited exclusion order after finding they violate Section 337. Amkor had originally requested the investigation in 2003, but the proceeding got mired in document discovery and court battles. The ITC is also setting a bond of $0.00025 per imported encapsulated integrated circuit device from Carsem during the 60-day period for review of the import ban by the Obama administration.