The International Trade Commission is publishing notices in the March 28 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 said it will review an administrative law judge’s finding of no violation of Section 337 in its patent infringement investigation of kinesiotherapy devices and component imports (337-TA-823). Several of the original 21 respondents have already been terminated from the investigation because of consent orders with the complainant, Standard Innovation. As for the remaining companies under investigation, the administrative law judge found that Standard Innovation does not meet the requirement of having a U.S. industrial presence. The ALJ found that imports from the remaining respondents would have otherwise violated Section 337: their imports infringed on Standard Innovation’s patents, and the patents themselves were not invalid. The investigation was instituted in January 2012 (see 12010616).
The International Trade Administration published notices in the March 28 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 International Trade Administration initiated administrative reviews for certain firms subject to antidumping and countervailing duty orders with January anniversary dates. The ITA intends to issue the final results of these reviews no later than Feb. 28, 2014.
A product can meet the “finished goods” or “finished goods kit” scope exclusions from the antidumping and countervailing duty orders on aluminum extrusions from China (A-570-967 / C-570-968) only if it includes integral non-aluminum extrusion components, said the International Trade Administration in a March 22 scope ruling. Asia Sourcing Corp.’s boat ladders, that have plastic components other than fasteners, are excluded from the scope of the AD/CV duty orders, said the ITA. But ASC’s dock ladders and strip door mounting brackets that, as imported, lack any non-aluminum extrusion parts besides fasteners, are included in the scope and subject to the orders.
The International Trade Administration issued the final results of the countervailing duty administrative review of corrosion-resistant carbon steel flat products from South Korea (A-580-818). All three reviewed companies received de minimis CV rates, so entries of subject merchandise produced and exported by these companies will be liquidated without regard to CV duties. Also, because the ITA recently revoked the CV duty order on corrosion-resistant carbon steel flat products from Korea effective Feb. 14, 2012 (see 13031815), CV duty cash deposits will not be required on entries of subject merchandise.
The International Trade Administration issued the final results of the antidumping duty administrative review of laminated woven sacks from China (A-570-916). According to the ITA, Aifudi, the only company under review, did not cooperate in the review, and so was assigned to the China-wide entity on the basis of adverse facts available (AFA). The new rates are effective March 29, and will be implemented by CBP soon.
The International Trade Commission voted to begin a Section 337 patent investigation on Radio Frequency Identification (RFID) products and components (337-TA-875). Neology filed its complaint Feb. 22, alleging patent infringement by the imported products, which are mainly used for electronic vehicle registration and toll collection purposes (see 13022530). Neology is requesting limited exclusion and cease and desist orders against the following respondents:
The International Trade Administration initiated an antidumping duty new shipper review for frozen fish fillets from Vietnam (A-552-801) at the request of Ngoc Ha Co. Ltd. Food Processing and Trading, for merchandise it produces and exports to the United States. The ITA will determine if Ngoc Ha is eligible for an estimated AD cash deposit rate other than the Vietnam-wide entity rate it currently receives.
The International Trade Administration issued the final results of the antidumping duty administrative review of sodium hexametaphosphate from China (A-570-908). Nobody commented on the ITA's preliminary results, so the agency continued to find that all reviewed companies either didn't have any shipments to the U.S. during the period or review,1 or didn't qualify for a separate rate. The no shipment companies will continue their AD rates found in previous reviews, while the non-separate rate companies will be assigned to the China-wide entity. The new rates are effective March 28, and will be implemented by CBP soon.