The Court of International Trade sustained the International Trade Administration’s reversal of a scope ruling for the antidumping duty order on wooden bedroom furniture from China, after remanding twice on the ITA’s treatment of Legacy Classic Furniture’s product. The ITA had originally found the combination bench/storage unit in scope based on the scope’s explicit inclusion of chests, but CIT in its second remand said the product is clearly an excluded bench, which outweighs its arguable inclusion as a chest. In light of the court’s findings, the ITA found the “Heritage Court Bench” out of the scope of the AD duty order. The ITA also gave a short explanation of its policy when scope inclusions and exclusions are in conflict with regard to a product.
The International Trade Commission is publishing notices in the March 7 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 Administration published notices in the March 7 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 announced in the Federal Register the suspension of its antidumping duty investigation of fresh tomatoes from Mexico (A-201-820), pursuant to the recently signed suspension agreement with Mexican tomato growers. The agreement is attached to the notice, which is set for publication March 8, and sets minimum reference prices and maximum dumping levels for Mexican signatories to the agreement.
The Food and Drug Administration issued its weekly Enforcement Report for March 6 that lists the status of recalls and field corrections for food, drugs, biologics, and devices. The report covers both domestic and foreign firms.
On March 6 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 6, 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 11th Circuit Appeals Court’s Decision in U.S. v. Izurieta is representative of the trend toward criminalization of customs violations, and federal criminal prosecutions in general, said several lawyers. The decision won’t have much effect on the ability of the government to prosecute criminal cases for customs violations, they said. But the government’s case suffered from a flawed indictment, and the Justice Department may be more careful in the future when drafting indictments for customs violations, the lawyers said.
The Pipeline and Hazardous Materials Safety Administration issued a final rule amending the Hazardous Materials Regulations to clarify and relax provisions related to marking of packaging, record retention, treatment of certain materials, and location of the dangerous cargo manifest on vessels in U.S. ports. The changes are effective May 6. Highlights of the final rule include:
The International Trade Commission is publishing notices in the March 6 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):