The Agricultural Marketing Service is increasing the amount of “badly misshapen” kiwifruit it will allow in shipments imported into the U.S. The interim final rule relaxes the minimum grade requirement for imported kiwifruit, as well as kiwifruit grown in California, by raising the allowable tolerance of “badly misshapen” kiwifruit from 7 to 16 percent per lot. AMS said it is making the change to lower the costs associated with resorting and repacking kiwifruit so that it meets minimum KAC No. 1 grade requirements. The interim final rule is effective July 25. Comments are due by Sept. 20.
The Foreign Trade Zones Board issued the following notices for July 19:
In a dispute over the price benchmarks the Commerce Department uses to value subsidy programs in countervailing duty proceedings, the Court of International Trade remanded the results of the original countervailing duty investigation on aluminum extrusions from China (C-570-968). Commerce had found government-associated companies had provided aluminum and land inputs to Chinese companies for below-market prices, or “less than adequate remuneration (LTAR),” which meant those inputs were countervailable subsidies. CIT said Commerce was correct in including import duties in the benchmark market price it used to judge whether aluminum inputs were provided for LTAR. The regulations require Commerce to do so, the court said. But Commerce’s comparison of a fully-developed Thai industrial park with undeveloped land received by respondent Zhongya went against the evidence on the record, the court said. CIT remanded for Commerce to reconsider.
The Court of Appeals for the Federal Circuit rejected a test used by the Commerce Department to determine if items covered by antidumping duty orders, but included in non-subject sets, are subject to AD duties. But while it found fault with the particulars of the test Commerce used to see whether Target’s nails are included under the AD duty order on China, the appeals court reversed a 2012 Court of International Trade ruling that said Commerce wasn’t allowed to perform any test at all on the “mixed media items.” Instead, the appeals court put forward its own test for when this issue arises, both in this Target case and in future cases, and appealed to Commerce to clearly define its mixed media analysis procedures for future cases.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website July 18, 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 International Trade Commission is publishing notices in the July 18 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 Commerce Department published notices in the July 18 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 issued an amended final determination and antidumping duty order on xanthan gum from China (A-570-979), which amends AD rates for six exporter/producer combinations. Because of the International Trade Commissions finding of the threat of injury rather than actual injury, entries of subject merchandise made before July 19 aren't subject to AD duties, so Commerce is directing CBP to end suspension of liquidation for those entries and refund cash deposits. Suspension of liquidation and cash deposits of estimated AD duties will apply to entries beginning July 19.
Consumer Product Safety Commission announced the following voluntary recalls July 17:
On July 17 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: