Cased pencils from China exported by Dixon will no longer be subject to antidumping duties, after the Commerce Department found a third consecutive zero AD rate for Dixon in the final results of an administrative review on cased pencils from China (A-570-827), and decided to partially revoke for the company. Entries of cased pencils exported by Dixon will be liquidated without regard to antidumping duties, and they will no longer be subject to a cash deposit requirement. The partial revocation is effective July 18.
Antidumping duty rates are falling to zero for merchandise from 20 companies subject to the AD duty order on diamond sawblades from China (A-570-900), following a correction to the Commerce Department's June 17 final results of 2010-11 administrative review (see 13061421). Commerce's corrected its calculation of Weihai's AD rate, which caused that company's rate to fall to zero. That also resulted in the average AD rate assigned to 17 non-individually reviewed companies falling to zero. Because of the change, period of review entries from all 25 reviewed companies will be liquidated without regard to AD duties, and no cash deposits will be required on entries from these companies until further notice. The new rates are effective June 17, and will be implemented by CBP soon.
The International Trade Commission is publishing notices in the July 16 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 voted July 11 to begin a Section 337 investigation on whether to ban imports of Sany’s crawler cranes that allegedly infringe patents held by Manitowoc Cranes. The patent at issue relates to “variable position counterweight” technology, which allows the cranes to lift over 2,500 pounds. According to Manitowoc’s June 12 complaint, Sany hired away one of its high-level engineers, who proceeded to share his knowledge with Sany, a Chinese company. Manitowoc is requesting limited exclusion orders and cease and desist orders. The ITC named the following respondents to the investigation:
The Commerce Department published notices in the July 16 Federal Register on the following AD/CV duty 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 Commerce Department told CBP to lift suspension of liquidation for countervailing duty purposes on entries of hardwood plywood from China (C-570-987), in a message dated July 15. The lifting of suspension of liquidation is effective back to July 12, so entries on or after that date aren’t subject to CV duty liability until further notice (like an eventual CV duty order). The move comes as a result of the end of the “provisional measures” period in the ongoing countervailing duty investigation. Commerce is only allowed to suspend liquidation of entries subject to an investigation for four months after the preliminary determination. It can then suspend liquidation again if the International Trade Commission finds injury and Commerce puts an AD/CVD order in place.
The Commerce Department finalized its regulation on certification of factual information in antidumping and countervailing duty cases, in a final rule set for publication July 17. The rule makes several changes from the February 2011 interim final rule that first imposed the strengthened certifications (see 11021027), including creating a separate certification for foreign governments. The new certification regulations will apply to AD/CV duty investigations based on petitions filed on or after Aug. 16, as well as other types of AD/CV duty proceedings initiated on or after that date.
The Commerce Department retroactively suspended liquidation for entries of AREMA lock washers imported by United Steel and Fasteners (US&F), after finding the product is subject to the antidumping duty order on helical spring lock washers from China (A-570-822) in a July 10 final scope ruling. US&F’s argued that Commerce can’t suspend liquidation for entries made prior to the initiation date of a scope inquiry, citing the Court of International Trade’s December 2012 decision in AMSAssociates v. U.S. to bolster its position. But Commerce said the circumstances of US&F’s scope inquiry are different, and in any case the AMS case is still under appeal, and isn’t settled.
The International Trade Commission is publishing notices in the July 15 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 Aug. 7 on public interest factors that should affect its consideration of whether to bar imports of patent-infringing imports of 3G wireless devices from Huawei, Nokia, and ZTE. An administrative law judge recommended the ITC issue a limited exclusion order against 3G devices from the three companies that infringe InterDigital’s patents, as well as cease and desist orders against import and sale of infringing products by Huawei and Nokia. The ITC began the Section 337 investigation in August 2011 (see 11082630).