The Court of Appeals for the Federal Circuit decided on February 29, 2012 to remand, in part, for further proceedings the International Trade Commission’s negative final determination in the patent infringement proceedings on certain variable speed wind turbines and components thereof (337-TA-641). In response to a petition by General Electric to ITC that Mitsubishi had infringed on three patents (‘039, ‘221, and ‘985), the ITC’s January 2010 final determination had held that no patents were infringed and/or the domestic industry requirement was not met. The ‘039 patent expired on February 1, 2011, and CAFC dismissed that portion of the appeal as moot, vacating the ITC’s rulings as to that patent. CAFC now affirms the ITC’s ruling that the ‘221 patent is not infringed, but reverses the ITC’s determination of no domestic industry as to the ‘985 patent, and remands for further proceedings.
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
The International Trade Administration has issued the final results of the administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Mexico (A-201-830) which sets an AD cash deposit rate for one producer/manufacturer. This rate, which is effective March 7, 2012, is expected to be implemented by U.S. Customs and Border Protection soon.
The International Trade Commission is asking for comments by approximately March 15, 2012 on a patent complaint filed on behalf of Align Technology, which alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same (D/N 2880). ITC is asking for comments on any public interest issues that might affect ITC consideration, including whether the issuance of an exclusion order and/or cease and desist order would impact the public interest.
The International Trade Administration has issued the preliminary results of its administrative review of the antidumping duty order on silicon metal from China (A-570-806) for one exporter. 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 rate for this company.
The International Trade Administration has issued the preliminary results of its administrative review of the antidumping duty order on small diameter graphite electrodes from China (A-570-929) for 8 companies and the China-wide entity (unchanged since last review). 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 rate for these companies.
The International Trade Administration has issued the preliminary results of its administrative review of the antidumping duty order on certain preserved mushrooms from China (A-570-851) for 5 exporters and the China-wide entity (unchanged since last review). 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 rate for these companies.
The International Trade Administration has issued the preliminary results of its administrative review of the antidumping duty order on certain frozen warmwater shrimp from India (A-533-840) for two manufacturer/exporters. The ITA has also preliminarily determined a margin for 172 companies that were not individually examined, and preliminarily determined that nine companies had no reviewable transactions during the period of review.1 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 rate for these companies.
The Foreign Agricultural Service’s Agricultural Trade Office in Seoul, Korea recently launched a website to showcase potential opportunities to be created by the U.S. Korea Trade Agreement, which will take effect on March 15, 2012. The FAS recommends that U.S. agricultural exporters and those interested in expanding sales to international markets visit the page, titled What U.S. Exporters Need to Know about the KORUS Agreement, to learn about the agreement and understand the new tariff schedules. Information available on the website includes effects of KORUS on key products, monthly Korean trade statistics, and instructions on how to determine tariffs under KORUS.
The International Trade Administration announced on March 5, 2012 that Matthew Murray has been named as the Market Access and Compliance business unit’s Deputy Assistant Secretary for Europe and Eurasia, and will join ITA on March 12, 2012. Murray, a Russian affairs expert, will be responsible for recommending, developing, and implementing policies and programs that promote U.S. economic and commercial relations with 52 European countries, and will lead the ITA’s trade policy and market access efforts in Europe and Eurasia.
The Foreign Agricultural Service has amended the availability of credit guarantees for sales of U.S. agricultural commodities under the Commodity Credit Corporation's Export Credit Guarantee Program (GSM-102) for fiscal year 2012, for Turkey (here)