The International Trade Commission is soliciting comments on any public interest issues raised by VideoLabs in a July 1 patent complaint on imported video processing devices. The company alleges Acer, Asus, Lenovo, Micro-Star, Motorola Mobility and MSI are importing computers, smartphones, virtual reality devices and other products capable of encoding and/or decoding video data that infringe on four patents it owns. VideoLabs asked the ITC to issue permanent limited exclusion orders as well as cease and desist orders. Public comments are due by July 18.
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.
The International Trade Commission posted Revision 6 to the 2022 Harmonized Tariff Schedule. The semiannual update to the HTS adds new 10-digit tariff numbers for a variety of products, including tomatoes and a wide range of other vegetables, cut flowers and beverages in aluminum cans. All changes take effect July 1, unless otherwise specified.
Global supply chain issues could be alleviated with better data sharing and processing, experts said during a June 29 meeting of the Advisory Committee on Supply Chain Competitiveness. But to overcome trust issues among companies reluctant to share data, some government intervention may be necessary, they said.
Spent catalysts used for chemical production in China then sent back to the U.S. for reprocessing are not substantially transformed by their use in China, and remain of U.S. origin upon re-importation, CBP said in ruling HQ H323601.
Computed value can be used at the importer's discretion in circumstances where products entered into the U.S. are not for immediate sale and sale information for similar products is unavailable, CBP said in HQ ruling H324385.
In the June 15 Customs Bulletin (Vol. 56, No. 23), CBP published a proposal to revoke a ruling on hot and cold water dispensers.
Some circumstances allow for post-importation price adjustments when determining transaction value, CBP headquarters said in a March 18 ruling, released May 23. The HQ ruling was sent to CBP's Automotive and Aerospace Center of Excellence and Expertise in response to a May 29, 2019, application for further review by an unnamed automotive importer. The importer buys motor vehicles and spare parts from its related parent company and resells them to authorized dealers and other related parties in the U.S.
The Court of International Trade ruled in a May 20 opinion that sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." rather than "domestic sales," in a May 20 slip opinion by Judge Jennifer Choe-Groves. The opinion granted a Nov. 19 motion for summary judgment by DOJ (see 2111220057) that argued plaintiff Midwest-CBK's sales were exports to the U.S. at the time of sale (Midwest-CBK, LLC v. United States, CIT Consol. #17-00154).
Foam footwear previously barred from entry due to an exclusion order from the International Trade Commission may enter the U.S. following a reexamination by CBP, even though the issue wasn't protestable, CBP said in ruling H323683, released May 16. The ruling was sparked by a Jan. 31 protest by Triple T Trading, which argued its imports of foam footwear should not have been barred from entry.
Imported house wrap, used during construction to protect the properties from water infiltration, should be properly classified as “Woven fabrics of synthetic filament yarn...” under the duty-free heading 5407 rather than as "Textile fabrics impregnated, coated, covered or laminated with plastics" under heading 5903, CBP said in a March 8 ruling.