The Animal and Plant Health Inspection Service announced changes April 22 to Plant Protection and Quarantine (PPQ) electronic manuals. While some changes are minor, other changes may affect the admissibility of the plant products, including fruits, vegetables, and flowers.
The Foreign Trade Zones Board issued the following notices for April 23:
X2Y Attenuators appealed an International Trade Commission ruling that Intel’s imports of microprocessors do not violate Section 337 (337-TA-781). The ITC determined in February not to review an administrative law judge’s finding that Intel’s chips don’t infringe on X2Y’s patents (see 13022119). The ruling ended the investigation.
The Court of Appeals for the Federal Circuit reinstated a temporary restraining order blocking liquidation of entries of wind towers from China and Vietnam made during the “provisional measures” period between the preliminary determination and orders issued in the antidumping and countervailing duty investigations. The temporary restraining orders had been in place since March 4, pending the coalition’s challenge to the effective date of the AD/CV duty orders resulting from the investigations (see 13030820). Because of the injury vote in the investigations, the orders did not cover entries made between the preliminary determination and the AD/CV duty orders. The Court of International Trade denied the coalition’s motion for an injunction against liquidation, and dissolved the temporary restraining order (see 13040132), but the coalition appealed CIT’s ruling on April 3 (see 13040925). The appeals court is holding off on dissolution of the restraining order until it hears back from the government on the motion to stay.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website April 22, 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.)
U.S. honey producers filed class action lawsuits in Northern Illinois U.S. District Court against several honey companies that took part in a transshipment scheme to avoid antidumping duties on honey from China. In a complaint filed April 18, several domestic honey producers sought damages from Honey Holding and Groeb Farms for racketeering and Lanham Act violations related to false advertising and unfair competition. A separate complaint filed April 19 also alleged negligent misrepresentation and unjust enrichment by Honey Holding.
The Fish and Wildlife Service issued a final rule listing as threatened Umtanum desert buckwheat (Eriogonum codium) and White Bluffs bladderpod (Physaria douglasii subsp. Iuplashensis). Both species are native to the Hanford Reach of the Columbia River, in the state of Washington. The Endangered Species Act prohibits the import or export, removal from Federal property, and interstate or foreign commerce involving threatened species. The final rule is effective May 23.
The International Trade Commission found 16 respondents are violating Section 337 by importing and selling toner cartridges that infringe on Canon’s patents. The 16 companies had been found in default due to their lack of participation in the investigation, and are the only parties remaining active in the investigation. The ITC declined to review an administrative law judge’s judgment that they violated Section 337. The ALJ recommended a general exclusion order, and cease and desist orders against each domestic defaulting respondent. The judge also recommended a 100 percent bond during the period of Presidential review. The ITC is asking for comments by May 1 on public interest factors arising from the ALJ’s recommended relief.
The Commerce Department issued a Federal Register notice on its recently initiated antidumping investigation on diffusion-annealed, nickel-plated flat-rolled steel products from Japan (A-588-869). The agency will determine whether imports of silica bricks and shapes from China are being, or are likely to be, sold in the U.S. at less than fair value. A Commerce Department fact sheet said domestic petitioners alleged AD rates of 56.5 to 77.7 percent (see 13041801).
The Consumer Product Safety Commission is asking for comments by June 24 on whether there are materials that don’t include a prohibited element or chemical, such as lead or phthalates, and so shouldn’t be subject to third-party testing requirements for children’s products. The request for information is related to a 2011 law that mandates CPSC find ways to reduce regulatory burdens on businesses. The commission is seeking comments that address the presence of certain chemicals in the following children’s products and materials: toys, child care articles, manufactured woods, and synthetic food dyes.