The Directorate of Defense Trade Controls issued two name or address change notifications June 26:
The Court of International Trade sustained the Commerce Department’s determinations on the last remaining issues from the 2003-03 antidumping duty administrative review on fresh garlic from China (A-570-831). The court had remanded the final results twice before. The final issues remaining in this remand redetermination were related to valuation of surrogate inputs, including labor. Because the domestic petitioners didn’t submit comments during the remand proceeding, the court ruled that they didn’t exhaust their administrative remedies, and sustained. As a result, AD rates for the 2002-03 period of review will fall to zero for Zhengzhou Harmoni Spice Co., Ltd.; Jinan Yipin Corporation, Ltd.; Linshu Dading Private Agricultural Products Co., Ltd.; and Sunny Import & Export Co., Ltd.
The Court of International Trade again rejected the 2009-10 antidumping duty administrative review on wooden bedroom furniture from China (A-570-890), finding the Commerce Department failed to comply with two aspects of a September 2012 remand order. While accepting some of Commerce’s explanations and reconsiderations, the court again found fault with the agency’s decision to rely on calculated surrogate values of Huafeng’s inputs instead of the actual market prices paid, as well as its continued reliance on a questionable financial statement. Rather than remand for reconsideration, this time the court ordered that Commerce reverse its positions.
Beta carotene tablets imported by Roche Vitamins are correctly classified in the Harmonized Tariff Schedule as provitamins, said the Court of International Trade, ruling against CBP’s proposed classification as food preparations. The case had been subject to an earlier ruling in 2010, where the court found factual disputes still existed as to the use of the tablets, and ordered a trial. After trial, CIT found the tablets are predominantly used as a source of provitamin A.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website June 26, 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 June 26 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):
Knowles Electronics filed a petition for a Section 337 patent investigation June 21, seeking to ban imports of silicon microphone packages by Goertek that infringe its patents. The products at issue are silicon microphones that include a Micro-Electric-Mechanic System (MEMS) microphone die encased within a surface-mountable package. Unlike other types of microphones, silicon microphone packages can withstand the heat of the soldering associated with high-speed manufacturing processes, the petition said. The microphones packages are used in consumer electronic products like cellphones, notebooks, headsets, and digital cameras made by companies such as Samsung, Apple, Motorola and HTC. Knowles alleges that Goertek is manufacturing and importing into the U.S. silicon microphone packages that infringe its imports, and is seeking limited exclusion and cease and desist orders.
Consumer Product Safety Commission announced the following voluntary recalls June 25:
On June 25 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
On June 25, the Foreign Agricultural Service posted the following GAIN reports: