The Commerce Department issued the preliminary results of its countervailing duty administrative review on citric acid and certain citrate salts from China (C-570-938) for the RZBC companies. These CV rates are not in effect. Commerce may modify them in the final results of this review and change the estimated CV cash deposit rates for these company.
The International Trade Administration issued the preliminary results of its antidumping duty administrative review on citric acid and certain citrate salts from China (A-570-937). The agency calculated a preliminary zero AD rate for RZBC Imp. & Exp. Co., Ltd., and said Yixing Union Biolchemical, the only other respondent, had no reviewable shipments. If Commerce continues to find a zero AD rate for RZBC in the final results, it will instruct CBP to liquidate entries of the company's subject merchandise during the period of review without regard to AD duties. These preliminary results are not in effect. Commerce may modify them in the final results of this review and change the estimated AD cash deposit rate for these companies.
The Commerce Department issued the preliminary results of its antidumping duty administrative review on aluminum extrusions from China (A-570-967). The agency found a zero AD rate for Kromet International. If continued in the final results, entries from Kromet will be liquidated without regard to AD duties, and its merchandise will not be subject to an AD cash deposit requirement until further notice. These preliminary results are not in effect. Commerce may modify them in the final results of this review and change the estimated AD cash deposit rate for these companies.
The antidumping investigations on prestressed concrete steel rail tie wire from China, Mexico, and Thailand will continue, after the International Trade Commission voted June 7 that imports of the product are probably injuring U.S. industry. The preliminary injury determination was unanimous. The Commerce Department initiated its part of the investigations May 13, based on a petition from two U.S. companies (see 13051718). A fact sheet released in conjunction with the initiation said the petition alleged AD rates of 67.43 percent for Chinese exporters, 159.44 percent for Mexican exporters, and 53.72 percent for Thai companies (see 13051430).
On June 7-9 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
The Foreign Trade Zones Board issued the following notice for June 10:
The Court of International Trade again remanded the final results from the 2007-08 antidumping administrative review of tapered roller bearings from China (A-570-601). The court had remanded in late 2011 on Commerce’s surrogate values used to determine Peer Bearing Company-Changshan’s (CPZ) AD rate, as well as its country of origin determination that finished bearings processed in and exported from Thailand from Chinese-origin unfinished bearings are subject merchandise (see 11112218). On remand, CIT sustained the agency’s redeterminations of the surrogate values at issue, which caused CPZ’s AD rate to fall from 24.62 to 7.37 percent. But it rejected Commerce’s insistence on continuing to find the country of origin for the Thai-finished roller bearings as China and not Thailand.
The U.S. Court of Appeals for the Federal Circuit overturned an International Trade Commission decision to end a Section 337 patent investigation of infringement by LG so that the case could go to arbitration with patent holder InterDigital. LG had said it held a license for the patented technology at issue, and the commission found that a plausible basis for arbitration. Both the ITC and LG argued that the appeals court had no jurisdiction to hear the case, because termination for arbitration is not listed as subject to appeal under the governing statute, 19 USC 1337. But the appeals court found that termination of a Section 337 investigation for arbitration is in effect an appealable final determination, even though it isn’t enumerated in the statute. Turning to whether LG had grounds to request arbitration, the appeals court found that the portion of the agreement governing the license on 3G technology had expired, so LG had no right to assert a right to arbitration over the license.
U.S. Court of Appeals for the D.C. Circuit overturned a lower court ruling June 7 that would have compelled the U.S. Trade Representative to release a white paper describing the U.S. interpretation of the phrase “in like circumstances” for the purposes of national treatment and most favored nation free trade agreement provisions. The document was used in negotiations for the ill-fated Free Trade Agreement of the Americas. The D.C. District Court had said the white paper does not meet a Freedom of Information Act exemption for documents related to national defense foreign policy, because the USTR did give a good enough explanation of why release of the white paper would have created a foreign policy risk. But on appeal, the D.C. Circuit said USTR’s explanation that release of the document would harm future negotiations was plausible, and reversed.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website June 7, 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.)