The Ocean Shipping Reform Act (OSRA) will take time to implement, and the Federal Maritime Commission still needs companies to bring cases so it can effectively regulate ocean traffic, FMC Chairman Daniel Maffei said Sept. 19 during a panel discussion at the National Customs Brokers & Forwarders Association of America annual Government Affairs Conference.
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
Public interest comments are due Sept. 29 to the International Trade Commission following a complaint alleging falsely advertised organic hazelnuts, a Federal Register notice said (ITC Docket No. 3642). Pratum Farm in Salem, Oregon, filed the complaint Sept. 14, alleging five Turkish hazelnut producers -- Arslanturk, Balsu, Farmeks, Nimeks and Progida -- are falsely advertising as "certified organic" hazelnuts exported to the U.S. Pratum Farm has asked the ITC for a permanent limited exclusion order barring falsely advertised hazelnuts from the respondents, along with cease and desist orders.
Comments to the International Trade Commission are due by Sept. 27 in two potential cases on integrated circuits, semiconductors and mobile devices, according to a pair of notices to be published in the Sept. 19 Federal Register.
In the Sept. 14 Customs Bulletin (Vol. 56, No. 36), CBP published a proposal to revoke two rulings and modify two rulings on mattress covers and revoke one ruling and modify five rulings on pipe fittings.
Comments to the International Trade Commission are due by Sept. 27 in a potential Section 337 investigation on raised garden beds, according to a notice to be published in the Sept. 19 Federal Register. The potential case follows a Sept. 12 complaint by Vego Garden, which alleged that Huizhou Green Giant Technology, Utopban International Trading, Utopban Limited, Kinghood International Logistics, VegHerb, The Hydro Source, and Quanzhou Jieliya Trading infringed on copyrights held by Vego and misappropriated trade secrets. Vego seeks a permanent limited exclusion order barring raised garden beds and components developed using Vego's trade secrets, along with cease and desist orders against the respondents.
The International Trade Commission has opened two Section 337 investigations on imported audio players and components (ITC Inv. No. 337-TA-1329, -1330). The investigations follow two separate complaints, filed Aug. 9 by Google, which alleged that Sonos' audio players infringed on seven of Google's patents covering speech recognition and hot word detection on multiple devices (see 2208120036). Sonos asked the ITC to merge the complaint with another by Google, which alleged infringement of four separate patents. Alternatively, Sonos asked the commission to consolidate the resulting investigations if and when they are instituted, arguing “significant overlap” between the two complaints (see 2208240043). The commission has so far declined to do so, assigning a separate administrative law judge to each case. The investigation is the latest in a series of ITC and court battles between Google and Sonos.
Comments are due to the International Trade Commission by Sept. 23 in a potential case on automated storage and retrieval systems and automated put walls. New Jersey-based warehouse automation company OPEX filed a complaint with the ITC on Sept. 9, alleging Chinese company HC Robotics and Pennsylvania-based Invata imported merchandise, namely the Omnisort and its associated vehicles, that infringed on two of OPEX's patents. The patents cover software systems for automated sorting and retrieval of warehouse items. OPEX has asked the ITC to issue a limited exclusion order, barring all of the respondents’ automated put walls and automated storage and retrieval systems, associated vehicles, associated control software and component parts thereof that infringe on at least one valid claim of at least one patent as well as cease and desist orders against both respondents.
CBP hopes that its 19 CFR 111 customs broker modernization final rule will go for publication "at any moment," and it will hold "multiple webinars" on the new regulations, which are set to eliminate district permits, to provide details on the rule as it is published, CBP Deputy Commissioner Troy Miller said at the Sept. 14 meeting of the Commercial Customs Operations Advisory Committee.
The International Trade Commission has issued a limited exclusion order blocking the importation of plant-derived recombinant human serum albumins (rHSA) (ITC Inv. No. 337-TA-1238). The case began with a December 2020 complaint by Ventria Bioscience that alleged infringement of two of its patents by Wuhan Healthgen and its domestic distributors (see 2012230089). The investigation found that only one of the patents, covering improvements to cell culture growth methods, was infringed upon. Administrative Law Judge MaryJoan McNamara in April found a violation and recommended a limited exclusion order and a cease and desist order against Wuhan Healthgen. In June, the commission determined to review the final initial determination in its entirety (see 2206090007) and voted to extend the investigation beyond its Aug. 8 completion date before finally ruling on Sept. 12. "This case epitomizes the importance of the ITC, particularly for small but innovative American manufacturers seeking protection from unfair foreign competition," said Beau Jackson of Husch Blackwell, attorney for Ventria.
The International Trade Commission has issued a limited exclusion order blocking the importation of certain electrical connectors and cages and components thereof (ITC Inv. No. 337-TA-1241). The case began with a December 2020 complaint by Amphenol that alleged infringement of five of Amphenol's patents by Luxshare (see 2101210042). The investigation found that Luxshare violated one of the patents at issue. Administrative Law Judge Monica Bhattacharyya in March found a violation and recommended a limited exclusion order and a cease and desist order against Luxshare (see 2203310006).