Terphane’s copolymer surface films are outside the scope of the antidumping duty order on polyethylene terephthalate (PET) film from Brazil (A-351-841), said the International Trade Administration in a scope ruling. The films include a non-PET performance enhancing layer of greater than 0.00001 inches thick, which satisfies one of the exclusions in the scope, it said. Domestic industry argued that the in-line production process of the film, as well as the performance-enhancing layer’s use as a primer, meant that Terphane’s product should be in-scope. The ITA, however, found neither of those factors affected the scope treatment of the copolymer surface films. Instead, the thickness of the layer and its use of materials distinct from PET meant the scope of the order doesn’t cover the product, it said.
The International Trade Administration issued the final results of the antidumping duty administrative review of polyester staple fiber from China (A-570-905). One of the two reviewed companies, Far Eastern, did not cooperate in the review and was assigned the China-wide rate. The new rate is effective Jan. 11, and will be implemented by CBP soon.
The International Trade Commission should exercise caution when issuing exclusion orders related to standard-essential patents when the holder has entered into certain types of licensing agreements, said the Patent and Trademark Office and Department of Justice in a joint letter to the ITC. When the patent holder has agreed to license a standard essential patent on reasonable and non-discriminatory (RAND) terms or fair, reasonable, and non-discriminatory (FRAND) terms, the patent case could be an attempt at asserting market power by forcing the respondent to accept stricter terms than those available to other licensees, they said.
The International Trade Commission is publishing notices in the Jan. 9 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):
Innovation First filed a Section 337 complaint with the International Trade Commission Jan. 4, alleging that robotic toy fish sold by CVS Pharmacy after import from China infringe its trade secrets. According to the complaint, entitled certain robotic toys and components thereof, a former Chinese employee of Innovation First developed the technologies covered by the trade secrets. The employee then left the company, and in violation of the terms of his separation agreement shared the secrets with his new employer, Zuru. CVS Pharmacy is violating Section 337 by importing the infringing products from Zuru for sale in the U.S. Innovation First is requesting a limited exclusion and cease and desist order against CVS Pharmacy.
The International Trade Administration published notices in the Jan. 9 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 is extending until March 1 the deadline for domestic interested parties to notify of their intent to participate in the antidumping duty sunset review of fresh tomatoes from Mexico (A-201-840). The deadline was originally set for 15 days after publication of the initiation of the sunset review in the Federal Register, or Dec. 18, but that deadline has already been extended to Feb. 1. Florida tomato growers are currently attempting to terminate the agreement suspending an AD investigation, which has been in place since 1996, in a related changed circumstances review. The ITA said it is extending its sunset review deadlines because of the complexity of the proceedings.
The International Trade Administration issued the preliminary results of its antidumping duty administrative review magnesium metal from China (A-570-896). The only reviewed company, Tianjin Magnesium International Co., did not have any reviewable transactions during the period of review, but the ITA said it will not rescind this review for that company until the final results. 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 rates for these company.
The International Trade Administration issued the preliminary results of its antidumping duty administrative review of hand trucks and certain parts thereof from China (A-570-891). The only reviewed company, New-Tec Integration (Xiamen) Co., was preliminarily assigned an AD rate of 9.48 percent. The ITA said it intends to rescind this review with respect to two companies1 in the final results. 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 rates for these company.
The International Trade Administration made a preliminary affirmative antidumping determination that xanthan gum from Austria (A-433-811) is being sold in the U.S. at less than fair value. The ITA found a preliminary AD rate of 17.18 percent, which is effective Jan. 10. CBP is expected to implement these AD cash deposit/bond requirements soon. Pursuant to the ITA's October 2011 final rule, no bond will be accepted in lieu of a cash deposit.