The Bureau of Industry and Security’s Office of Technology Evaluation (OTE) reported on the impact of export controls on the U.S. space industry in the preliminary findings of a study it conducted with the U.S. Air Force, National Aeronautics and Space Administration, and the National Reconnaissance Office. The report, “U.S. Space Technology ‘Deep Dive’ Preliminary Results and Findings,” is the result of a survey of companies, universities, and government agencies. Export control-related highlights follow:
The James L. Watson Courthouse, which houses the Court of International Trade, is now open after being closed for more than a week due to Hurricane Sandy, CIT said. CIT had itself been open for business since Nov. 5, even though the courthouse was closed. In a posting on its website, CIT previously said on Nov. 5 that all filing deadlines should be met unless an extension of time is granted by CIT in the particular action.
Food industry organizations and companies voiced concerns about Food Safety Modernization Act fees for facility reinspections, recalls, and importer reinspections, in response to the Food and Drug Administration’s Aug. 1 notice of fiscal year 2013 fee levels. FDA set FY 2013 fees at $221/hour for domestic operations, and $289 if foreign travel is required. Comments were due Oct. 31. The commenters were especially concerned with U.S. Agent liability for foreign reinspections and the possibility that U.S. Agents could be hard to find and extract rents from foreign exporters; the cost and opaque structure of the fees; and the possibility that some fees will be seen as trade barriers by foreign governments.
The International Trade Commission released its first report on the proposed expansion of the World Trade Organization’s Information Technology Agreement (ITA), entitled “The Information Technology Agreement: Advice and Information on the Proposed Expansion, Part I.” ITC delivered the report to the U.S. Trade Representative on Oct. 24. The report covers a draft list of information and communications technology (ICT) products, compiled by the USTR and included with his request letter, that could be considered for duty free treatment under the ITA, said ITC. The report provides information concerning both the ICT and non-ICT purposes for which each of the products is used, it said. It also identifies products that U.S. industry and other interested parties view to be import sensitive, ITC said.
The International Trade Commission is publishing notices in the Nov. 6 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 Nov. 30 on public interest factors raised by an administrative law judge’s recommendation of remedy and bonding in the patent investigation of computer forensic devices and products containing them (337-TA-799). Although the ALJ found no violations of Section 337, it said the ITC should issue a limited exclusion order prohibiting imports of computer forensic devices that violate MyKey Technology’s patents by Guidance Software; Guidance Tableau; CRU Acquisition Group (dba CRU Data-port); and Digital Intelligence, if the ITC finds patent violations.
The International Trade Administration published notices in the Nov. 6 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 revoked the antidumping duty order on silicomanganese from Brazil (A-351-824), effective Sept. 14, 2011, as a result of a negative injury determination in a sunset review. The International Trade Commission voted Oct. 11 that revocation of the AD order wouldn't result in injury to U.S. industry.
On Nov. 5 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 Oct. 29 - Nov. 4, 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: