On Nov. 5 the Foreign Agricultural Service issued the following GAIN reports:
A NAFTA Panel review of the final results of the Mexican antidumping administrative review of ethylene glycol monobutyl from the U.S. was requested Oct. 9 by Eastman Chemical, said the International Trade Administration. The final results of the administrative review were published in the Sept. 11 Diario Oficial. Eastman was assigned an AD rate of 14.81 percent by the Mexican Secretary of Economy. The deadline for parties to file notices of appearance to participate in the NAFTA panel review is Nov. 23, the ITA said.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Nov. 5, 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://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 Bureau of Industry and Security proposed to limit the time period for submission of comprehensive narrative accounts for voluntary self-disclosures (VSDs) to within 180 days of the initial VSD notification. BIS’ proposed rule would also authorize use of delivery services other than registered or certified mail for providing notice of a charging letter beginning an enforcement proceeding under the Export Administration Regulations, and remove the phrase “if delivery is refused” from a provision setting the date of service for notices of charging letters based on attempted delivery to the respondent’s last known address. Comments on the proposed rule are due by Jan. 7.
The appeals court ruling in Hitachi v. United States on CBP protest deadlines is not consequential enough to merit review, said the U.S. government in its Nov. 2 reply brief to Hitachi’s request for a hearing by the Supreme Court. The issue took four decades to arise, the government said, and importers have the option of accelerated disposition of CBP protests if they seek judicial review.
The International Trade Commission is publishing notices in the Nov. 5 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 issued a general exclusion order prohibiting imports of cellular phone and tablet protective cases that infringe patents held by Otter Products, as a result of its Section 337 patent investigation of certain protective cases and components thereof (337-TA-780). ITC also issued cease and desist orders prohibiting domestic respondents Cellet, Hoffco, Hypercel, MegaWatts, National Cellular, SmileCase, TheCaseInPoint, TheCaseSpace, and Griffin from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for, protective cases and components thereof that covered by certain patents held by Otter.
The International Trade Administration published notices in the Nov. 5 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 administrative review of the antidumping duty order on certain preserved mushrooms from India (A-533-813) for one company, Agro Dutch Industries Limited. The ITA preliminarily determined that Agro Dutch failed to cooperate in the review, and so assigned it an adverse facts available (AFA) rate of 114.76 percent. According to the ITA's decision memo in the IAACCESS database, Agro Dutch declined to respond to one section of the ITA's initial questionnaire. These preliminary results are not in effect. The ITA may modify them in the final results of this review and change the estimated AD cash deposit rate for this company.
On Nov. 2 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: