Alden Leeds appealed the Court of International Trade’s dismissal of its challenge of CBP’s deemed liquidation of its entries despite suspension of liquidation during an antidumping administrative review. CBP liquidated the entries at AD rate in effect from the previous administrative review, without waiting for the results of the ongoing review that eventually returned a lower AD rate. CIT had originally ruled in favor of Alden Leeds, finding that the liquidation did not actually occur because conditions for deemed liquidations were not met and liquidation was suspended. But the U.S. Court of Appeals for the Federal Circuit overturned, agreeing with the government that the legality of the liquidation was irrelevant, and Alden Leeds was required to file a protest of the deemed liquidation to challenge it in court. The Supreme Court subsequently denied the case a hearing, and CIT dismissed the case in December.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Feb. 12, 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.)
CBP is in the midst of a rewrite of its Part 146 Foreign Trade Zones regulations that will include modernizing and automating current procedures, as well as eliminating burdensome requirements that serve CBP no purpose, said David Murphy, acting assistant commissioner in the CBP office of field operations. The reforms will “improve efficiencies, and remove redundancies and burdensome paper requirements, while at the same time balancing the need to expedite cargo and maintain security,” he said at the National Association of Foreign Trade Zones 2013 Regulatory and Legislative Seminar Feb. 12 in Washington, D.C. CBP is also close to finalizing changes to its in-bond regulations, and the final rule could come out in May or June, another official said.
The Fish and Wildlife Service is asking for comments on changes to its Declaration for Importation or Exportation of Fish or Wildlife (Forms 3-177 and 3-177a) related to its new license fee exemption program. The changes to the forms were temporarily approved by the Office of Management and Budget in October on an emergency basis, but the short-term approval is set to expire April 30. Comments are due by March 15.
The International Trade Commission is publishing notices in the Feb. 12 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 Feb. 12 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 issued the final results of the antidumping duty administrative review of narrow woven ribbons with woven selvedge from China (A-570-952). In the August 2012 preliminary results, the ITA found Hubschercorp uncooperative and assigned it the China-wide rate, and found Stribbons to be part of the China-wide entity because of a late separate rate certification. The ITA made no changes in these final results, continuing to find Hubschercorp uncooperative. The new rates are effective Feb. 13, and will be implemented by CBP soon.
On Feb. 11 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
During the week of Feb. 4-10, the Food and Drug Administration modified the following existing Import Alerts (not otherwise listed on the FDA's new and revised import alerts page) on the detention without physical examination and/or surveillance of:
The Food and Drug Administration posted an online training module for foreign aquaculture producers to help them comply with FDA seafood import regulations. The module is hosted by the Joint Institute for Food Safety and Applied Nutrition at the University of Maryland, which also provides certificates upon completion. The training course is designed to clarify how FDA regulates drugs for aquaculture, and provides information to help identify what drugs may be used and how they should be used to prevent unacceptable residues. The course also includes a section on the judicious use of antimicrobials. The module is available here.