On March 22 the Foreign Agricultural Service issued the following GAIN reports:
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website March 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.)
Although the Supreme Court's ruling in Kirtsaeng v. Wiley centered on imported books, the ruling will have an impact across a wide variety of products, said industry experts. The long struggle over application of the copyright first sale doctrine includes court cases on products as diverse as watches and shampoo. Kirtsaeng doesn't end that struggle either; it will now shift away from the courts to different forums, they said. But regardless of the ebbs and flows of the battles over parallel market imports, the focus for importers will remain due diligence to prevent intellectual property violations.
The International Trade Commission is asking for comments by April 2 on a Section 337 patent complaint filed by MAKO Surgical Corp. on computerized orthopedic surgical devices and software. MAKO alleges that Stanmore imports orthopedic software devices that infringe MAKO's patents, and is seeking a limited exclusion order against the company. The products at issue are used to assist surgeons in the performance of more complex, less-invasive orthopedic surgery. Proposed respondents in MAKO's March 19 complaint include:
The International Trade Administration published notices in the March 22 Federal Register on the following AD/CV 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 will soon issue antidumping and countervailing duty orders on stainless steel sinks from China (A-570-983 / C-570-984), after the International Trade Commission voted unanimously March 21 that dumped and subsidized imports of the merchandise is causing injury to U.S. industry. In February, the ITA determined AD duty rates of 27.14 to 76.53 percent and CV duty rates of 4.8 to 12.26 percent for Chinese exporters of stainless steel sinks (see 13022515 and 13022517, respectively).
On March 21 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
The Food and Drug Administration is proposing to require premarket approval for automated external defibrillator (AED) systems. Should FDA finalize its proposed order, a pre-market approval (PMA) application or notice of development of product development protocol (PDP) will be required before commercial distribution of the class III devices. Comments on the proposed order are due by June 24.
On March 21 the Foreign Agricultural Service issued the following GAIN reports:
The Food Safety and Inspection Service revised export requirements and plant lists for the following countries for March 15-21: