The Foreign Agricultural Service posted the details of a deal that will extend the ability to export beef to Japan to beef from cattle less than 30 months old. Japan’s beef import restrictions, introduced by Japan in response to bovine spongiform encephalopathy, originally limited the age of cattle to 20 months. The new terms will take effect Feb. 1. Highlights of the agreement include:
The State Department and Bureau of Industry and Security each issued proposed rules to move articles related to launch vehicles, missiles, rockets, and military explosive devices to the Commerce Control List. State’s rule would amend U.S. Munitions List Category IV (“launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, and mines”) to remove some items from International Traffic in Arms Regulations control and create a more positive list. The concurrent BIS proposal would create new ECCNs for the articles moving from the USML to the CCL, and make conforming changes. Comments on both proposed rules are due by March 18.
Samsung International appealed a Nov. 21 Court of International Trade ruling that its plasma screen televisions imported from Mexico were not eligible for NAFTA duty-free treatment. CBP had found, and the court agreed, that a part of the televisions were flat panel screen assemblies, which are not covered by any NAFTA tariff-shift rule of origin.
The Court of International Trade dismissed JSC Acron’s challenge of the International Trade Administration’s refusal to conduct an antidumping changed circumstances review of solid fertilizer-grade ammonium nitrate from Russia (A-801-811). Acron requested the review to change its AD rate from the 253.98 percent Russia-wide entity rate, assigned while the ITA still considered Russia to be a non-market economy, to an individual market economy rate. After the ITA refused its request, Acron challenged the determination at CIT under 28 USC 1581(i) residual jurisdiction. But CIT said the ITA’s action couldn’t be challenged under Section 1581(i) because residual jurisdiction only applies when no other remedies are available, and Acron could have instead requested an administrative review.
The Court of International Trade ruled that Customs correctly classified plaintiff The Pomeroy Collection’s decorative glass “pillar plates,” floor-, and wall-mounted vessels, designed for use as candle holders, as “Glassware of a kind used for . . . indoor decoration or similar purposes” under Harmonized Tariff Schedule heading 7013, dutiable at 4.3 to 18 percent. Pomeroy had attempted to argue that the merchandise was classifiable under heading 9405 (“Lamps and lighting”), or alternatively, heading 9403 (“Other furniture and parts thereof”), both of which enter duty-free from Mexico. CIT said heading 9405 did not apply because the merchandise was not shipped with candles and was not specifically designed to hold candles. Heading 9403 didn’t apply because the goods were decorative, not utilitarian, CIT said.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Jan. 29, 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 publishing notices in the Jan. 29 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 is asking for comments by Feb. 7 on public interest factors that should influence its Section 337 patent investigation of certain wireless communications base stations and components thereof. Adaptix filed the complaint Jan. 24, alleging that Ericsson is importing base stations for LTE applications that infringe the company’s patents. Adaptix is seeking a limited exclusion order and cease and desist order against Ericsson.
The International Trade Administration published notices in the Jan. 29 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 preliminary results of its antidumping duty new shipper review of frozen fish fillets from Vietnam (A-552-801), finding that the four reviewed companies did not dump imports of subject merchandise during the period under review. The ITA assigned preliminary AD rates of zero to frozen frozen fish fillets both produced and exported by: Quang Minh Seafood Co., Ltd.; Dai Thanh Seafoods Company Limited; Fatifish Company Limited; and Hoang Long Seafood Processing Co., Ltd. These proposed rates are not yet in effect, and may be amended in the final results.