The Intellectual Property Enforcement Coordinator is beginning a review of CBP enforcement of International Trade Commission exclusion orders. The initiative was announced June 4 by President Obama, as part of a broader effort toward reducing frivolous “patent trolling” in intellectual property litigation (see 13060431). The interagency review will evaluate procedures CBP and the ITC use to determine the scope of exclusion orders, which are issued by the ITC in Section 337 cases to bar imports of intellectual property-infringing merchandise.
The International Trade Commission is publishing notices in the June 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):
Manitowoc Cranes filed a complaint June 12 alleging violations of Section 337 imports of Sany’s crawler cranes that infringe its patents and trade secrets. The “variable position counterweight” technology at issue allows the cranes to lift over 2,500 pounds, which lends them to applications like power plant construction where large loads need to be lifted. According to Manitowoc, Sany hired away one of its high-level engineers, who proceeded to share his knowledge with the Chinese company. Manitowoc is requesting the ITC issue limited exclusion and cease and desist orders against Sany’s import and sale of infringing crawler cranes.
The Commerce Department published notices in the June 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 preliminarily found that Husqvarna (Hebei) Co. is the successor to Hebei Husqvarna Jikai Diamond Tools Co., for the purposes of its antidumping duty order on diamond sawblades from China (A-570-900). The company only underwent a name change, the agency said. If this preliminary finding is confirmed in the final results of this changed circumstances review, subject merchandise exported by Husqvarna (Hebei) will be entitled to Hebei Husqvarna Jikai’s current AD cash deposit rate of 8.1 percent (see 13061421).
On June 17, the Foreign Agricultural Service posted the following GAIN report:
The Foreign Trade Zones Board issued the following notices for June 18:
The Foreign-Trade Zones Board will hold a training event for officials of grantee organizations Sept. 12 in Miami. The outreach event will focus on FTZ regulatory provisions that have a direct impact on grantees, including public utility and uniform treatment. There is no charge, but attendees must RSVP by Sept. 10 by emailing ftz@trade.gov or calling Marsha Foust at (202) 482-2862.
The Court of International Trade remanded a scope ruling on the aluminum extrusions from China antidumping and countervailing duty orders, for the Commerce Department to apply a new policy for the exclusion of finished goods from the order. Meridian Products said Commerce should have applied the new test adopted in an October scope ruling on side mount valve controls to Meridian’s scope ruling on trim kits. Meridian had requested the scope ruling in November, and Commerce found the trim kits to be covered by the AD/CVD orders the next month. The test from the October scope ruling relates to whether subassemblies can be considered “finished goods” or “finished goods kits,” and therefore excluded from the order.
The Southern New York U.S. District Court ordered three importers to pay nearly $22.5 million to the government of South Africa for Lacey Act violations stemming from the over-quota harvest of rock lobster. According to the Justice Department, the restitution order is the largest in a Lacey Act case in history. It had been the subject of a 2011 2nd U.S. Circuit Court of Appeals ruling that found restitution could be ordered in Lacey Act cases. The three men also served prison terms and forfeited other money in connection with the convictions.