The Court of International Trade recently ordered the International Trade Commission to reconsider its 2013 finding that dumped and illegally subsidized imports of hardwood plywood from China do not injure U.S. domestic industry, in a decision publicly released on June 24 (here). The court’s order could eventually result in the resumption of antidumping and countervailing duty investigations on hardwood plywood from China and the eventual imposition of duties, after the ITC had brought the investigations to a close with no duties imposed with its final negative injury determination (see 13110524). The court ruled that the ITC failed to take certain factors into account when finding no material injury or threat of material injury. The commission’s remand results are due Sept. 8.

The following lawsuits were filed at the Court of International Trade during the week of June 20-26:

Volkswagen agreed to spend up to $14.7 billion to settle charges that it cheated federal and California emissions tests, also resolving violations related to the importation of vehicles that did not match certificates of conformity on file with the Environmental Protection Agency (see 1601050032), the Justice Department said June 28 (here). Of that total, $10 billion must be set aside for buybacks, lease terminations and modifications of affected vehicles, which include 2009 through 2015 car models with diesel engines, and another $4.7 billion will be designated for mitigating pollution and making investments to support zero-emission vehicle technology, it said. The Justice Department alleged Volkswagen equipped some of its cars with “defeat devices” that turn on full emissions controls only during EPA and California emissions testing, rendering them inoperative under normal driving conditions and “greatly increasing emissions.” VW did not list the devices on its EPA certificates of conformity, and they were in any case not legal for importation. The settlement also resolves unfair advertising charges brought by the Federal Trade Commission, as well as allegations of violations of California state laws.

The Federal Communications Commission Enforcement Bureau approved a consent decree resolving its investigation of whether Icom America imported and sold marine radios in the U.S. that didn't include required public safety features. The rules require marine radios to “include the full range of features recommended by the Radiocommunication Sector of the International Telecommunication Union to enhance emergency and safety-of-life communications from and between maritime vessels,” the bureau said in an order (here). Icom “admits that, by failing to include these features, its radios did not comply with the Commission’s rules,” the bureau said. Icom agreed to pay a $20,000 civil penalty and implement a compliance plan to prevent future violations, the bureau said. Icom didn't comment.

The following lawsuits were filed at the Court of International Trade during the week of June 13-19:

The following lawsuits were filed at the Court of International Trade during the week of June 6-12:

The following lawsuits were filed at the Court of International Trade during the week of May 30 - June 5:

The Supreme Court on June 6 declined to hear a challenge to the constitutionality of the requirement that importers pay duties before filing suit at the Court of International Trade, denying a petition filed by International Custom Products without further explanation (here). The U.S. Court of Appeals for the Federal Circuit ruled in June last year that the duty payment for court challenges of denied customs protest does not violate International Custom Products’ right to due process (see 1506300073). The now-bankrupt importer would have had to pay $28 million to have its case heard at CIT on the classification of white sauce. International Custom Products argued a CBP notice of action improperly revoked a ruling letter without the required notice and opportunity to comment (see 12121239).

The following lawsuits were filed at the Court of International Trade during the week of May 23-29:

The Federal Communications Commission fined a Chinese company $34.9 million for allegedly marketing​ 285 models of signal jamming devices to U.S. consumers. C.T.S. Technology marketed the devices through its Aiswa.com website, the FCC said (here). “These devices, which were advertised for sale to U.S. consumers, were designed to disrupt a variety of communications systems, including all major cellphone networks, Wi-Fi systems, and even Global Positioning System channels," said the forfeiture order approved by the agency's commissioners. “Some of the more dangerous devices were advertised as having the capacity to jam communications for a distance of over one-half mile.” The FCC said the company sold some of the devices to FCC investigators posing as consumers and shipped the equipment to the U.S. C.T.S. Technology didn't comment. When the fine was proposed, the FCC said it was the biggest in its history (see 14062016).