A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website March 28, 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 asking for comments by June 4 on its newly-launched investigation into possible changes to NAFTA rules of origin. The USTR requested the investigation in a letter dated March 11 (see 13031524). The changes were agreed upon in April 2012 by the NAFTA Free Trade Commission, which comprises representatives of the U.S., Canadian, and Mexican governments.
The Agricultural Marketing Service released the Ocean Shipping Container Availability Report (OSCAR) for the week of March 27 - April 2. The weekly report contains data on container availability for westbound transpacific traffic at 18 intermodal locations in the U.S.1 from the eight member carriers of the Westbound Transpacific Stabilization Agreement (WTSA).2 Although the report is compiled by AMS, it covers container availability for all merchandise, not just agricultural products.
The International Trade Commission is publishing notices in the March 28 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):
The International Trade Commission said it will review an administrative law judge’s finding of no violation of Section 337 in its patent infringement investigation of kinesiotherapy devices and component imports (337-TA-823). Several of the original 21 respondents have already been terminated from the investigation because of consent orders with the complainant, Standard Innovation. As for the remaining companies under investigation, the administrative law judge found that Standard Innovation does not meet the requirement of having a U.S. industrial presence. The ALJ found that imports from the remaining respondents would have otherwise violated Section 337: their imports infringed on Standard Innovation’s patents, and the patents themselves were not invalid. The investigation was instituted in January 2012 (see 12010616).
The International Trade Administration published notices in the March 28 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 International Trade Administration initiated administrative reviews for certain firms subject to antidumping and countervailing duty orders with January anniversary dates. The ITA intends to issue the final results of these reviews no later than Feb. 28, 2014.
A product can meet the “finished goods” or “finished goods kit” scope exclusions from the antidumping and countervailing duty orders on aluminum extrusions from China (A-570-967 / C-570-968) only if it includes integral non-aluminum extrusion components, said the International Trade Administration in a March 22 scope ruling. Asia Sourcing Corp.’s boat ladders, that have plastic components other than fasteners, are excluded from the scope of the AD/CV duty orders, said the ITA. But ASC’s dock ladders and strip door mounting brackets that, as imported, lack any non-aluminum extrusion parts besides fasteners, are included in the scope and subject to the orders.
The International Trade Administration issued the final results of the countervailing duty administrative review of corrosion-resistant carbon steel flat products from South Korea (A-580-818). All three reviewed companies received de minimis CV rates, so entries of subject merchandise produced and exported by these companies will be liquidated without regard to CV duties. Also, because the ITA recently revoked the CV duty order on corrosion-resistant carbon steel flat products from Korea effective Feb. 14, 2012 (see 13031815), CV duty cash deposits will not be required on entries of subject merchandise.
The International Trade Administration issued the final results of the antidumping duty administrative review of laminated woven sacks from China (A-570-916). According to the ITA, Aifudi, the only company under review, did not cooperate in the review, and so was assigned to the China-wide entity on the basis of adverse facts available (AFA). The new rates are effective March 29, and will be implemented by CBP soon.