On Jan. 10 the Foreign Agricultural Service issued the following GAIN reports:
The Animal and Plant Health Inspection Service announced changes Jan. 10 to Plant Protection and Quarantine (PPQ) electronic manuals. While some changes are minor, other changes may affect the admissibility of the plant products, including fruits, vegetables, and flowers.
The Food Safety and Inspection Service revised export requirements and plant lists for the following countries for Jan. 4-10:
The Grain Inspectors, Packers, and Stockyards Administration (GIPSA) is proposing to increase its inspection and weighing fees for grain exports. According to GIPSA, the increase in fees is necessary because current levels will not cover projected costs for fiscal years 2012-17. Both local and national fees would be affected. Comments are due March 15.
A product does not have to be manufactured in the U.S. for the licensee of that product to have access to the International Trade Commission’s import restrictions, said the Court of Appeals for the Federal Circuit in a denial of Nokia’s request for rehearing. A U.S. patent holder’s investment in research and licensing alone satisfies the domestic industry requirement, regardless of whether actual production is performed entirely abroad. In a dissent from the ruling, Judge Pauline Newman disagreed that no domestic production need take place to satisfy the domestic industry prong. Such an interpretation ignores Congressional intent to protect U.S. industry, even in cases where the U.S. industry is comprised of licensees rather than actual patent holders.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Jan. 10, 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 Agricultural Marketing Service released the Ocean Shipping Container Availability Report (OSCAR) for the week of Jan. 9-15. The weekly report contains data on container availability for westbound transpacific traffic at 18 intermodal locations in the U.S.1 from the eight member carriers of the Westbound Transpacific Stabilization Agreement (WTSA).2 Although the report is compiled by AMS, it covers container availability for all merchandise, not just agricultural products.
The International Trade Commission is publishing notices in the Jan. 10 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 terminated an enforcement proceeding related to a Section 337 patent complaint by Align Technology on dental positioning devices (337-TA-562) because the alleged violations did not fall within the scope of a 2006 consent order. While Align had complained that electronic data transfers of its trade secrets by ClearConnect and two related individuals violated the consent order, the ITC found that the consent order contained no provision against electronic data transfers. In so doing, the ITC reversed an administrative law judge’s determination.
The International Trade Commission is accepting more comments on Speculative Product Design’s (aka Speck) Section 337 patent complaint on cases for portable electronic devices. After having issued a correction to its earlier request for comments, the agency will now accept submissions until about Jan. 19. The proposed respondents in the investigation include: