uPI Semiconductor appealed the results of a Section 337 patent enforcement case that resulted in a $620,000 fine for the company. The International Trade Commission imposed the fine in November, after finding violations of a consent order in the Section 337 patent investigation of certain DC-DC controllers and products containing same (337-TA-698). Complainant Richtek had alleged uPI continued to import and sell the products in the U.S., in violation of a 2010 agreement that ended the investigation.
Marvin Furniture appealed the Court of International Trade’s dismissal of its challenge to a new shipper review of wooden bedroom furniture from China (A-570-890). The International Trade Administration rescinded the new shipper review for Marvin after it found entries of subject merchandise that predated the date of first entry listed in Marvin’s new shipper review request. Marvin argued that it had the statutory right to correct the filings, but CIT said that right only applies to information the ITA requests. Marvin, on the other hand, submitted the new shipper review request on its own accord. CIT later denied a rehearing of the case Jan. 9.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Jan. 11, 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.)
Imports rose significantly in November, leading to a $6.6 billion widening of the trade deficit to $48.7 billion, despite a concurrent increase in exports, said the Census Bureau and Bureau of Economic Analysis in their U.S. International Trade in Goods and Services Report for November 2012. The report showed that, as compared to revised October 2012 levels, exports were up $1.7 billion to $182.6 billion, but imports rose by $8.4 billion to $231.3 billion. Consumer goods made up over half of the import growth in November. As compared to November 2011 totals, exports increased by 3.3 percent and imports by 2.5 percent. The U.S. trade deficit with China fell to $29 billion in November, from a revised $29.5 billion in October.
The U.S. Trade Representative sent a letter to the International Trade Commission requesting an investigation in connection with the 2012 Annual Review of the Generalized System of Preferences. The USTR requested inquiries into the economic effects of (1) designating four products eligible for GSP benefits; and (2) granting competitive need limitation (CNL) waivers for 12 products. The USTR asked for the results of the investigation by April 10.
The International Trade Commission is publishing notices in the Jan. 11 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 Jan. 11 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 Food and Drug Administration issued its weekly Enforcement Report for Jan. 9 that lists the status of recalls and field corrections for food, drugs, biologics, and devices. The report covers both domestic and foreign firms.
The Food and Drug Administration may refuse entry of Taiwan Three Mast Pharmaceutical’s drug products for violations of Current Good Manufacturing Practice regulations, it said in a warning letter. Three Mast is also engaging in unapproved marketing of one of its products, FDA said, by marketing its Imbue Pain Relief Patch as an external analgesic for treatment of tendonitis and bursitis, which are not approved uses.
The Food and Drug Administration posted three fact sheets and a presentation on its proposed produce safety regulation for facilities that grow, harvest, package and hold raw produce, as well as its Hazard Analysis and Risk-Based Preventative Controls (HARPC) regulation for facilities that manufacture, process, pack or hold human food. Importers will be responsible for verifying their foreign suppliers’ compliance with these regulations per the Foreign Supplier Verification Program. The produce safety regulation fact sheet is available here, and a fact sheet on the regulation’s subparts is available here. The HARPC fact sheet is available here. Presentations on the two regulations, as well as other provisions of the Food Safety Modernization Act, are available here.