On Dec. 11 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
The Food and Drug Administration sent a warning letter dated Nov. 19 to MedArt A/S, a Danish medical device manufacturer, detailing violations of medical device reporting regulations and current good manufacturing practices. FDA ordered the firm to respond within 15 business days of receipt. The warning letter did not specify any consequences for failure to comply.
On Dec. 11 the Foreign Agricultural Service issued the following GAIN reports:
The Foreign Trade Zones Board issued the following notices for Dec. 12:
Zhaoqing New Zhongya Aluminum Co. appealed an Oct. 11 Court of International Trade ruling affirming the final determination in the antidumping investigation of aluminum extrusions from China (A-570-967). In its decision, CIT agreed with the International Trade Administration's decision to treat three Chinese companies, including Zhaoqing New Zhongya, as a single entity and apply adverse facts available (AFA) to that entity. The combined entity was assigned an AD rate of 33.28 percent as a result.
Del Monte appealed the Court of International Trade’s Oct. 12 ruling that its tuna is correctly classified in the Harmonized Tariff Schedule as packed in oil, despite being packaged in marinade consisting of only 2.48 percent oil. The company had argued its tuna should be classified in one of two subheadings for fish not in oil, dutiable at 6 or 12.5 percent, respectively. CIT’s decision means the tuna is dutiable at 35 percent. In arriving at its decision, CIT relied on a U.S. Note and century-old case law to say that any oil content whatsoever means the fish is packed in oil.
The Court of International Trade stayed Koehler’s challenge of the 2008-09 antidumping administrative review of lightweight thermal paper from Germany (A-428-840) on the issue of zeroing, as well as other aspects of the final results, pending resolution of Union Steel v. U.S. In Union Steel, currently on appeal, CIT affirmed the International Trade Administration’s explanation for zeroing in administrative reviews but not investigations. The ITA provided a similar explanation in this case. The U.S. government opposed the stay, arguing that Koehler did not raise the issue during the administrative review and so failed to exhaust its administrative remedies. Shortly before the final results were issued, CAFC decided for the first time in Dongbuv. U.S not to affirm the ITA’s use of zeroing in administrative reviews. The ITA said the decision was merely a remand, not an actual change to the law, so it did not merit waiving the exhaustion requirement. But CIT said the fact that the law is now “unsettled” by the remand means it is waiving the exhaustion requirement and staying the case.
A California man was sentenced Dec. 10 to two and a half years in federal prison for importing counterfeit goods, including counterfeit exercise equipment purporting to be Malibu Pilates, Bowflex and Ab Circle Pro, reported Immigration and Customs Enforcement. Stanley Kuo Jua Yang was remanded into custody at the conclusion of Monday's sentencing hearing, ICE said.
Yen Ling Chen, a citizen of Taiwan, pleaded guilty Dec. 11 to violating the International Emergency Economic Powers Act by attempting to export weapons-grade carbon fiber from the U.S. to Taiwan, said the Department of Justice. Chen was arrested in the U.S. after attempting to negotiate a deal to acquire tons of the specialized fiber, which has applications in the defense and aerospace industries and subject to Bureau of Industry and Security controls, it said. Chen faces up to 20 years in prison.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Dec. 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 http://1.usa.gov/VxGCVA. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)