On July 11, the Foreign Agricultural Service posted the following GAIN reports:
The Food Safety and Inspection Service revised export requirements and plant lists for the following countries for July 4-11:
The Foreign Trade Zones Board issued the following notices for July 12:
The Court of International Trade remanded the rescission of a new shipper review on fresh garlic from China for Jinxiang Yuanxin Import & Export. Commerce had ended the proceeding because it found Yuanxin’s only sale under review wasn’t commercially bona fide and reviewable. The sales price was too high, the sales quantity was too low, and the sale was made under strange circumstances, Commerce said. The rescission had resulted in Yuanxin’s garlic continuing to be subject to the high China-wide rate. But the court found fault with Commerce’s decision to compare the price and quantity of Yuanxin’s sale of single-clove garlic to CBP data on imports of fresh whole garlic.
In a Foreign Corrupt Practices Act case involving bribery in Thailand, the 9th U.S. Circuit Court of Appeals said a jury doesn’t need to find financial loss to an identifiable victim in order for a judge to order restitution payments. A judge making that decision is enough, said Judge Alex Kozinski. The ruling affirmed a lower court order that Gerald and Patricia Green pay $250,000 in restitution for $1.8 million in bribes they paid while running the Bangkok International Film Festival. But the ruling left the door open to changes to the 9th Circuit’s handling of restitution cases in light of a recent Supreme Court decision.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website July 11, 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 Food and Drug Administration issued a proposed rule to implement its authority to administratively detain drugs, provided for in the 2012 Food and Drug Administration Safety and Innovation Act. The proposed regulation is “closely modeled” on existing provisions on administrative detention of devices, with only minor technical changes, FDA said. Under the proposed rule, FDA would be able to administratively detain drugs when an agency official has “reason to believe” they are adulterated or misbranded. Comments are due by Sept. 13.
Implementation of supply chain provisions of the “historic” and “timely” Food and Drug Administration Safety and Innovation Act of 2012 has begun in earnest, said FDA Commissioner Margaret Hamburg at a July 12 public meeting. Not only did the law reauthorize and create new user fee programs that came at a “critical moment” because of budget constraints, but Title VII of FDASIA provided FDA “with the new authorities needed to better oversee our drug supply chain, a chain that is progressively more complex and more global,” she said. Publication of a proposal on administrative detention of drugs, set for July 15, marks one of the first steps towards putting Title VII in place (see 13071211). But implementation will be long and arduous, said another official at the meeting.
The International Trade Commission voted July 10 to begin an investigation to determine whether imports of a children’s television show called Mr. Young violate Section 337 by infringing copyrights held by E.T. Radcliffe and Emir Tiar. The program, which is produced and filmed in Vancouver, Canada, is a comedy about a student who becomes the teacher of his class. According to the June 7 complaint, “Mr. Young” violates a copyright he holds on a pilot for a television show he wrote called “Student Teacher.” Rights to that show are currently held by Radcliffe. The infringing show is currently being produced in Canada by Thunderbird, and imported to the U.S. from Canada and aired by Disney Channel, the petition said. Radcliffe and Tiar are requesting an exclusion order and cease and desist orders. The ITC named the following as respondents:
The Commerce Department published notices in the July 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):