The International Trade Commission began an enforcement proceeding against six companies to investigate allegations that they violated a general exclusion order and cease and desist orders related to the Section 337 patent investigation of certain ground fault circuit interrupters and products containing same (337-TA-739). Leviton Manufacturing alleges that Menard, Westside Wholesale Electric & Lighting, and American Ace Supply violated cease and desist orders by (1) selling ground fault circuit interrupters that violate some of its patent claims; (2) selling these products during the Presidential review period without posting an appropriate bond, and (3) by failing to file accurate reports with the ITC. Leviton also alleges that Shanghai ELE, Shanhai Jia AIO, and American Electric Depot violated the general exclusion order against these products by importing ground fault circuit interrupters during the Presidential review period without posting the appropriate bond.
The International Trade Administration published notices in the Oct. 31 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 Food and Drug Administration (FDA) threatened to place Polish fish processor Superfish S.A.’s marinated (pickled) and salted herring products on import alert for inadequate Seafood Hazard Analysis and Critical Control Points (HACCP) plans, it said in a warning letter dated Oct. 16. Various stages of Superfish’s production process do not include critical control points, critical limits, monitoring procedures, and corrective action plans, FDA said. FDA told the company to respond within 15 days or receipt of the warning letter with actions taken to correct the deficiencies. Superfish’s products may be subject to refusal of admission into the U.S. if Superfish fails to respond adequately, FDA said.
On Oct. 30 the Foreign Agricultural Service issued the following GAIN reports:
An Army sergeant was sentenced Oct. 30 to 46 months in federal prison, followed by two years of supervised release, after pleading guilty to Arms Export Control Act and International Traffic in Arms Regulations violations, said Immigration and Customs Enforcement. Fidel Ignacio Cisneros, 42, stole ITAR-controlled items while deployed for duty and, upon returning to the U.S., exported them without the required State Department licenses, ICE said.
As the East Coast cleans up after Sandy, ports, railroads, and trucking companies are resuming operations on much of the East Coast. Operations in the New York region remain mostly closed, however, and shipments could face delays in the rest of the Mid-Atlantic and Northeast as well. Meanwhile, the D.C.-based Court of Appeals for the Federal Circuit has reopened, but the N.Y.-based Court of International Trade remains closed.
President Barack Obama issued a proclamation Oct. 30 formally implementing the U.S.-Panama Trade Promotion Agreement. The government had previously said the agreement would take effect Oct. 31. (See ITT's Online Archives 12102225). International Trade Commission Publication 4349, which will detail changes to the Harmonized Tariff Schedule authorized by the President’s proclamation, has not yet been released. International Trade Today will provide a detailed summary of the changes upon the Publication’s availability. The proclamation did, however, delegate authority for textile and apparel safeguard and commercial availability provisions of the U.S.-Panama TPA, and previewed the HTS changes that will be coming in ITC Publication 4349.
The International Trade Commission is publishing notices in the Oct. 30 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 reversed and remanded parts of an administrative law judge’s finding of no violation of Section 337 by BDT’s imports of certain automated media library devices (337-TA-746). Former respondents Dell and IBM had already been terminated from the investigation, which was requested by Overland Storage.
The International Trade Administration published notices in the Oct. 30 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):